Text of Model 28th Amendment Resolution

RESOLUTION ________

___________ OF __________

STATE OF NEW MEXICO

A RESOLUTION

URGING CONGRESS TO CLARIFY THAT THE RIGHTS PROTECTED UNDER THE UNITED STATES CONSTITUTION ARE THE RIGHTS OF HUMAN BEINGS AND NOT THE RIGHTS OF ARTIFICIAL ENTITIES, AND THAT GOVERNMENTS MAY AND SHALL REGULATE CAMPAIGN CONTRIBUTIONS AND EXPENDITURES TO PROTECT THE PEOPLE FROM CORRUPTION AND UNDUE OR DISPROPORTIONATE INFLUENCE IN ELECTIONS AND GOVERNMENT; ASKING THAT CONGRESS PROPOSE A CONSTITUTIONAL AMENDMENT TO PROVIDE SUCH CLARIFICATION.

WHEREAS, neither the Constitution of the United States nor any of its several amendments make any reference to corporations or other artificial, government-created entities, and the rights set forth therein were originally conceived as inalienable rights belonging inherently to human beings only;

WHEREAS, the Supreme Court of the United States in a number of cases has held that the right of free speech recognized in the Constitution also belongs to corporations and other artificial entities;

WHEREAS, the Supreme Court of the United States has also held that certain types of regulation of campaign finance impermissibly abridge the right of free speech of human beings, corporations and artificial entities, thereby limiting the right of the People to regulate campaign funding through Federal, State, or local law;

WHEREAS, such Supreme Court decisions and lower court decisions predicated upon them allow human beings, corporations, and other artificial entities to spend virtually unlimited amounts of money in support of or against candidates and ballot measures, undercutting the rights of citizens to prevent corruption and to enjoy equal and meaningful participation in the democratic process;

WHEREAS, this situation undermines public confidence in the democratic process and the democratic institutions of our nation, and discourages participation in the election process; and

WHEREAS, under Article V of the Constitution of the United States, the Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to said Constitution;

NOW, THEREFORE, BE IT RESOLVED, that the [Governing body] of the[Name of Municipality], State of New Mexico, hereby requests that Congress propose and send to the states for ratification an amendment to the Constitution of the United States confirming that:

  1. The rights protected by the Constitution of the United States are rights belonging to human beings only;
  2. Artificial entities, such as corporations 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, benefits limitations, obligations and responsibilities of artificial entities shall be determined by the People, through federal, state, or local law, and any such privileges or benefits shall not be construed to be inherent or inalienable;
  3. The federal, state, and local governments have the power, authority and duty to regulate, limit, or prohibit the campaign contributions and expenditures, including a candidate’s own contributions and expenditures, and may further set limits upon the timing of electioneering communications and the length of time of campaigns for election to public office, to prevent corruption, and to ensure that all citizens have fair representation and equal participation in the political process and that no person or entity gains, as a result of his, her or its access to or ownership of money, greater access or ability to influence in any way the election of any candidate for public office or any ballotmeasure;
  4. The federal, state, and local governments shall require that such campaign contributions and expenditures be publicly disclosed, and shall make the disclosed information timely available to citizens in an easily understandable; and
  5. Such regulation enacted and performed in accordance with the intents and purposes of such an amendment shall not be construed as violative of the Constitution.

BE IT FURTHER RESOLVED,that copies of this Resolution shall be transmitted to New Mexico’s delegation to Congress as well as to the [municipality]’s representatives in the New Mexico Legislature.

PASSED, APPROVED AND ADOPTED by the [Governing Body] of the [Name of Municipality], State of New Mexico, on this _____ day of ____________________, 20__.

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[Printed Name]

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[Title]

ATTEST:

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[Printed Name]

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[Title]

APPROVED AS TO FORM:

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[Printed Name]

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[Title]