28th Amendment

The Wolf-PAC Resolution does not contain specific amendment language because we truly want to hear all sides and solutions at the amendments convention.  We think the amendment should contain these core values: 

"Corporations are not people. They have none of the Constitutional rights of human beings. Corporations are not allowed to give money to any politician, directly or indirectly. No politician can raise over $100 from any person or entity. All elections must be publicly financed."

*Note: The finished legislation will be worded differently and have to account for inflation, etc. This is simply to point legislators in the right direction and make sure the final amendment accomplishes the goals we have outlined here.



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commented 2013-01-22 00:09:53 -0500 · Flag
Paul, I prefer “natural individuals” over “natural citizens”. Citizenship is a revocable phenomenon.

Even so, as difficult as it may be for some to admit, the supreme court were in fact only protecting the natural individuals controlling the corporation, nothing more. Everyone who disagrees should answer this simple question: who ELSE were they protecting? Any real-world-case enactment of your clause sets a precedent for charities, clubs, even families, married couples etc., you name it, to be denied any and all rights as long as they have arbitrarily been considered (and it is arbitrary), in any given case, to be acting as one instead of each by his/her individual accord.
commented 2013-01-21 18:08:42 -0500 · Flag
Sorry for the typo: “including any organization of any size consisting whether consisting of natural citizens or other persons…” should read, “including any organization of any size, whether consisting of natural citizens or other persons…”
commented 2013-01-21 18:06:08 -0500 · Flag
I suggest the following revised 28th amendment text:

Section 1 [Legal entities have no rights]
The rights protected by the Constitution of the United States are the rights of natural citizens only. Artificial entities, such as corporations, limited liability companies, and other entities [including any organization of any size consisting whether consisting of natural citizens or other persons and established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution. The privileges of artificial entities shall not be construed to be inherent or inalienable.

Section 2 [Equal Voice of natural citizens]
The equal opportunity for all ideas to be tested in debate being necessary to maximize the propagation of the most necessary solutions, every natural citizen shall have, by right, the equal opportunity to have his or her opinions heard, read or seen within the United States. This shall henceforth be construed to be the meaning of “the freedom of the press”€ within this Constitution and all Laws of the United States passed in pursuance thereof.

Section 3 [enforcement]
The Congress shall have power to enforce this article by appropriate legislation.
commented 2013-01-21 16:12:03 -0500 · Flag
Rich, I beg your pardon! Totally incorrect? Don’t just glibly tell me to go study some more. Explain yourself, for a change.
commented 2013-01-21 15:27:51 -0500 · Flag
paul, totally incorrect. Study some more.
commented 2013-01-21 09:59:05 -0500 · Flag

I have learned this from your kindly supplied info:

1. Since 1949, the Supreme Court mercifully did not interpret the First Amendment’s “freedom of the press” in such a way as to impinge on the fairness doctrine, introduced by the FCC in 1949.

2. However, in 1987 the FCC repealed the fairness doctrine all by itself, saying they did it because they believe fairness doctrine DOES violate the First Amendment. They also relaxed media ownership regulations all on their own. Of course the leadership of the FCC changes by political appointment.

3. Therefore the FCC cannot itself be trusted to institute any representation in media.

4. Given that your amendment heightens the political power of the existing media owners in the best case scenario, it could make it even more difficult than it already is to make the media more representative.

5. Therefore you should articulate your preferred media parameters in your constitutional amendment proposal itself.

6. So must Wolf-PAC, Move-To-Amend & anybody proposing a 28th amendment.

7. I maintain that the equal-chance-voice 28th amendment to the constitution is the correct one. It both supplies the correct media parameters and gets special interest money out of political campaigning.
commented 2013-01-21 09:28:11 -0500 · Flag
I reiterate my previous position and ask anyone who disagrees to state their difference and support their statement: “The purpose of many constitutional amendments is to provide a moral imperative on a particular issue that legislators of all stripes must abide by. An effective constitutional amendment whose purpose is to get money out of politics therefore CANNOT LEAVE IT UP TO CONGRESS TO REGULATE CONTRIBUTIONS OF ANY KIND TO THEIR OWN POLITICAL CAMPAIGNS.”
commented 2013-01-21 09:16:47 -0500 · Flag
Rich, in response to your comment to me of 8 hours ago in which you said, “Congress has had little or no authority to regulate money in campaigns for the past 120 years or more. Duh.”, apparently to you the Citizen’s United decision by the SC was no big deal since all it did was to undue the REGULATIONS that had prohibited corporations from donating directly to political campaigns. So, “Duh” back to you!

Never having studied case law and legal background, I admit to a general ignorance of details in those fields, but one need look no further than the Citizen’s United decision to understand that congress has indeed regulated campaign contributions.
commented 2013-01-21 07:28:14 -0500 · Flag
The FCC paper is great background for understanding the problems controlling the airwaves for public purposes. I intend to read much more in research so I comprehend the problem more fully.
commented 2013-01-21 07:20:03 -0500 · Flag
Here is a PDF on FCC Regulatory History. http://www.oswego.edu/~messere/RadioReg.pdf . We can read it together. I know I will learn more on the decades long history. Enjoy.
commented 2013-01-21 05:44:00 -0500 · Flag
Rich, FCC breaking up media ownership too would just be a feeding frenzy for the highest bidders, yes? So wouldn’t equal-chance-voice be the ideal FCC rule instead? But then what’s to stop ANY FCC rule (even equal-chance-voice) being overturned in future by a supreme court citing “the freedom of the press”? Doesn’t that make the equal-chance-voice constitutional amendment the necessary measure? If you think not, why?
commented 2013-01-21 05:12:39 -0500 · Flag
Ben H. Bagdikian, The Media Monopoly: I want to read the new one. First pub in 1992. See for associated books. So much more than I know. Research it. http://books.google.com/books/about/The_New_Media_Monopoly.html?id=p_VqW4UMcDMC . Enjoy the journey. Rich S.
commented 2013-01-21 04:37:51 -0500 · Flag
Rich, I couldn’t find the FCC media ownership rules of the 1960s. Was there sufficient representation of opinion back then? Would it forcibly break up existing media ownership? Isn’t that just a way for others who can afford it to purchase influence over politics? So even though there are more owners, wouldn’t it still be an unrepresentative cross-section of the population?

Even if you made the FCC rule for equal-chance voice (for representative cross-section), would it be immune from any constitutional challenge via “the freedom of the press”?
commented 2013-01-21 02:07:11 -0500 · Flag
The law resolves moral disagreements by making rules that everyone has to follow. Religion has caused more immoral actions in history than anything else. Today and all the way through history. Religious wars. Ridiculous. Too many religions and irrational assumptions. Bad law.
commented 2013-01-21 01:58:12 -0500 · Flag
Naveen, repeal FCC ownership regs to go back to restricted ownership of 50 years ago. Look it up.
commented 2013-01-21 01:56:28 -0500 · Flag
Naveen, we strongly disagree again. Morality is a bad basis for human behavior. The road to hell is paved with good moral intentions. Opinions are like belly buttons. Everybody has one. You are welcome to yours. I’ll bet you cannot allow me the same courtesy.
commented 2013-01-21 01:33:11 -0500 · Flag
Rich, you’re right, not religious.

What would be the ideal FCC rule in your opinion, and would it be immune from any constitutionally challenge in light of “the freedom of the press”?
commented 2013-01-21 01:30:12 -0500 · Flag
Not only all law, but in fact all actions, discussed or not, are based on morality.

Repealing prohibition was based based on morality just as much as passing it was, because the outcome of prohibition was eventually deemed more immoral than the outcome of repealing it.

Your proposed amendment is based on morality, because it is about what you deem to be right, and wrong.

It is immoral that some have their arguments artificially heard by more people because it makes it impossible to gauge how provable/disprovable any given argument is.
commented 2013-01-21 01:26:34 -0500 · Flag
Naveen, good law is not based on religious mythology, but on good ethics. All law is based legal ethics. English case law.
commented 2013-01-21 01:23:55 -0500 · Flag
Naveen, reforming the FCC is a separate issue. Simply need to limit ownership as in the past. Fire D and R incumbents. Appoint a 99% director of the FCC.
commented 2013-01-21 01:17:52 -0500 · Flag
Rich, all law is based on morality.
commented 2013-01-21 01:16:41 -0500 · Flag
Rich, ok, let’s take the best-case scenario for your law: money is taken out of political campaigning altogether.

That leaves the existing media owners as the major deciders of the political direction of the country.

What’s your remedy?
commented 2013-01-21 01:11:29 -0500 · Flag
prohibition was the one amendment based on morality and it had to be repealed. The rule of law is the purpose of the law.
commented 2013-01-21 01:09:50 -0500 · Flag
Paul, you are ignorant of the law and history. Congress has had little or no authority to regulate money in campaigns for the past 120 years or more. Duh! Corporate Personhood. Just maybe we should stop talking now to give you some time to study the facts. Good luck.
commented 2013-01-20 18:18:37 -0500 · Flag
Rich, for someone who says we should “fire all career incumbents”, failure to follow the rule of law is not at issue. As far as I know congress has always had the authority to regulate political campaign contributions any way they like. Just look where that has gotten us.

The place of a constitutional amendment is to provide moral imperative that legislators of all stripes must abide by. An effective constitutional amendment whose purpose is to get the money out of politics therefore CANNOT LEAVE IT UP TO CONGRESS TO REGULATE CONTRIBUTIONS TO THEIR OWN POLITICAL CAMPAIGNS! DUH!

This is not just a difference of opinion between us. I keep backing my opinion up with arguments to support my opinions. What is the argument to support your opinion, my friend?
commented 2013-01-20 10:46:52 -0500 · Flag
Saying is not doing. Saying is just so much B.S. Only we can act to reform our political world. Participation is the price. Talk is cheap and ineffective.
commented 2013-01-20 10:44:09 -0500 · Flag
We do need to become our elected leaders to have public policy that represents the 99%. Fire all career incumbents.
commented 2013-01-20 10:36:35 -0500 · Flag
Sorry, I believe in the rule of law. We apparently disagree also. Opinions are like belly buttons. Everyone has one. Agreed?
commented 2013-01-20 09:27:50 -0500 · Flag
Ok, but I say that simply preventing any artificial entity from using money to influence elections is not enough to cure the problem. To cure the problem not even natural persons can be permitted to use money to influence elections.
commented 2013-01-20 09:25:00 -0500 · Flag
The problem I have with Section 2 is that it relies on congress to regulate campaign contributions to their own elections. The constitution should not permit congress to regulate itself in any way. Not sure what you mean by “cs2 28th”.

The problem is not just that money has undue influence over the election of political candidates, but under the constitution as it is presently written, all citizens are not guaranteed an equal voice in the process. This is a larger problem, but unless it is also addressed, the underlying problem will not go away. By guaranteeing everyone an equal voice the constitution will trump any effort by any party to control the political debate.
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