SENATE JOINT MEMORIAL 24

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Eric G. Griego

A JOINT MEMORIAL

EXPRESSING OPPOSITION TO THE UNITED STATES SUPREME COURT RULING IN CITIZENS UNITED V. FEDERAL ELECTION COMMISSION CONCERNING CORPORATE CAMPAIGN SPENDING AND REQUESTING CONGRESS TO SEND THE "SAVING AMERICAN DEMOCRACY AMENDMENT" TO THE UNITED STATES CONSTITUTION TO THE STATES FOR RATIFICATION.

     WHEREAS, almost exactly two years ago, a narrowly divided United States supreme court in its decision Citizens United v. Federal Election Commission overturned several important provisions of the Bipartisan Campaign Reform Act of 2002, as well as earlier supreme court decisions, effectively sweeping away a century of precedent barring direct corporate spending in elections in the United States; and

     WHEREAS, Citizens United v. Federal Election Commission holds that corporations are people with free speech rights under the United States constitution, and thus can open their corporate treasuries to participate in national elections in the same manner as individuals; and

     WHEREAS, Citizens United v. Federal Election Commission has, as predicted, unleashed unprecedented amounts of money into the political process, a process that was already being overwhelmed with special interest money; and

     WHEREAS, Citizens United v. Federal Election Commission has been used as the justification to further undermine regulations at the federal and state level that were designed to limit the influence of corporations on the political system; and

     WHEREAS, this nation and its constitution were founded to protect the rights of its people, not its corporations; and

     WHEREAS, corporations are artificial entities, created through the laws of the various states and the United States solely to advance business interests; and

     WHEREAS, many corporations are owned by individuals who are not citizens of the United States or are controlled by foreign companies and organizations; and

     WHEREAS, unaccountable corporate spending on political campaigns will serve to undercut the democracy that everyone holds dear; and

     WHEREAS, unprecedented amounts of money have already flowed into the present primary campaigns for presidential nominations; and

     WHEREAS, much of that money had been funneled anonymously through "super PACs" supporting the various candidates and has been used principally to fund negative campaign advertisements of doubtful veracity that serve only to further divide the nation; and

     WHEREAS, Article V of the United States constitution allows the people of the United States to amend the constitution when the people and their representatives have determined that the freedoms upon which this nation was founded have been undermined or degraded; and

     WHEREAS, an amendment to the United States constitution has been proposed in the United States congress, the "Saving American Democracy Amendment", with the following four provisions:

          A. that corporations are not persons with constitutional rights equal to real people;

          B. corporations are subject to regulation by the people;

          C. corporations may not make campaign contributions or any election expenditures; and

          D. congress and the states have the power to regulate campaign finances;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that it express the strongest opposition to the United States supreme court's decision in Citizens United v. Federal Election Commission and call upon the United States congress to pass the "Saving American Democracy Amendment" and send that amendment to the states for ratification; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the New Mexico congressional delegation.

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