Article V of the Constitution reads as follows:
“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”
All 27 amendments made to the Constitution have been proposed upon passage of resolutions by 2/3rds of both the Senate and the House of Representatives, and 26 have been ratified by approval of both legislatures in 3/4ths of the states, with the 21st Amendment being passed by state ratifying conventions. This is the typical route to an amendment.
Considering that Supreme Court decisions have undone the long-standing precedent of Congress being able to regulate federal elections, one would think that its members would act immediately in this way to regain their power and restore order. There have also been calls by almost 20 of the states explicitly asking them to do so, as they have similarly been stripped of the power to control their elections. As previously detailed however, members of Congress are inextricably mired in the bog of seeking donor money to ensure successful campaigns and earn their parties’ approval and collectively lack the political will to move forward on an amendment.
While there have been attempts to put out an amendment addressing the issue of big money in politics, almost 100 introduced resolutions, all have fizzled and gone nowhere. Of the proposed amendments currently sitting in Congress, the “Democracy for All” Amendment has the largest number of co-sponsors and is in both the House and Senate, but support is partisan and down from previous sessions. A bill with broader and stronger language, the “We the People” Amendment, has languished in the House due to a lack of support.
The “Democracy for All” Amendment
H. J. RES. 2
Proposing an amendment to the Constitution of the United States relating to contributions and expenditures intended to affect elections.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:
“Section 1. To advance democratic self-government and political equality, and to protect the integrity of government and the electoral process, Congress and the States may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections.
“Section 2. Congress and the States shall have power to implement and enforce this article by appropriate legislation, and may distinguish between natural persons and corporations or other artificial entities created by law, including by prohibiting such entities from spending money to influence elections.
“Section 3. Nothing in this article shall be construed to grant Congress or the States the power to abridge the freedom of the press.”
The “We the People” Amendment
H. J. RES. 48
Proposing an amendment to the Constitution of the United States providing that the rights extended by the Constitution are the rights of natural persons only.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:
“Section 1. The rights protected by the Constitution of the United States are the rights of natural persons only. Artificial entities, such as corporations, limited liability companies, and other entities, established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law. The privileges of artificial entities shall be determined by the People, through Federal, State, or local law, and shall not be construed to be inherent or inalienable.
“Section 2. Federal, State and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate’s own contributions and expenditures, to ensure that all citizens, regardless of their economic status, have access to the political process, and that no person gains, as a result of that person’s money, substantially more access or ability to influence in any way the election of any candidate for public office or any ballot measure. Federal, State, and local governments shall require that any permissible contributions and expenditures be publicly disclosed. The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment.”
The idea of getting an amendment through Congress is appealing due to expediency, yet in practice it is nearly impossible for this issue, as Congress is the institution that needs to be fixed. Expecting a solution to come through this body is naive, especially with the ever-increasing amounts of money flowing into our country’s capital. It’s clear that Congress will not address this issue, and so We the People will have to propose an amendment ourselves.