SENATE JOINT RESOLUTION 12

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Gerald Ortiz y Pino

A JOINT RESOLUTION

REQUESTING THE CONGRESS OF THE UNITED STATES TO CALL A CONSTITUTIONAL CONVENTION, UPON THE APPLICATION OF TWO-THIRDS OF THE STATES, FOR THE SOLE PURPOSE OF PROPOSING AN AMENDMENT TO THE UNITED STATES CONSTITUTION THAT WOULD LIMIT CORPORATE PERSONHOOD FOR THE PURPOSES OF CAMPAIGN FINANCE AND POLITICAL SPEECH AND WOULD FURTHER DECLARE THAT MONEY DOES NOT CONSTITUTE SPEECH AND MAY BE LEGISLATIVELY LIMITED.

     WHEREAS, corporations are legal entities that governments create, and the rights that they enjoy under the United States constitution should be more narrowly defined than the rights afforded to natural persons; and

     WHEREAS, corporations do not vote in elections and should not be categorized as persons for purposes related to elections for public office and ballot measures; and

     WHEREAS, the United States supreme court, in Citizens United v. Federal Election Commission (2010) 130 S.Ct. 876, held that the government may not, under the first amendment to the United States constitution, suppress political speech on the basis of the speaker's corporate identity; and

     WHEREAS, Article 5 of the United States constitution requires the congress of the United States to call a constitutional convention upon application of two-thirds of the legislatures of the several states for the purpose of proposing amendments to the United States constitution;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that it respectfully petition the congress of the United States to call a constitutional convention pursuant to Article 5 of the United States constitution for the sole purpose of proposing an amendment to the United States constitution that would limit corporate personhood for purposes of campaign finance and political speech and would further declare that money does not constitute speech and may be legislatively limited; and

     BE IT FURTHER RESOLVED that this constitute a continuing application to call a constitutional convention pursuant to Article 5 of the United States constitution until at least two-thirds of the legislatures of the several states have made application for an equivalently limited constitutional convention; and

     BE IT FURTHER RESOLVED that this application be for a limited constitutional convention and does not grant congress the authority to call a constitutional convention for any purpose other than for the sole purpose set forth in this resolution; and

     BE IT FURTHER RESOLVED that copies of this resolution be transmitted, within thirty days of its passage, to the speaker of the United States house of representatives, the clerk of the United States house of representatives, the president of the United States senate, the secretary of the United States senate and the New Mexico congressional delegation.

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