28th Amendment

"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 the legislators in the right direction and make sure the final amendment accomplishes the goals we have outlined here.   

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commented 2011-10-21 02:19:37 -0400 · Flag
The word “nominated” is meant to parallel the word “candidate”. If someone is already appointed, they are office holders, and so already covered, but you don’t want gifts to people who have been appointed but do not yet hold the office.
commented 2011-10-21 02:18:16 -0400 · Flag
Just say

“…any Municipal, State, or Federal office.”
I mean.
commented 2011-10-21 02:17:29 -0400 · Flag
For purposes of federalism, shouldn’t we stray away from having this apply to state elected officials? I think this would pass easier if we only applied this to federal elections.
commented 2011-10-21 02:17:14 -0400 · Flag
Just say

“…any State or Federal office.”

A senate seat in congress is a federal office. A senate seat in the state senate is a state office.
commented 2011-10-21 02:13:51 -0400 · Flag
+1

KISS

But remove “nominated” and “gift”. Gift can be a gft of 10 billion dollars froma rich guy trying to sway your vote.
commented 2011-10-21 02:12:46 -0400 · Flag
@Christopher: I mean Sec 3.
commented 2011-10-21 02:11:52 -0400 · Flag
@Christopher: I think it’s important for Sec 2 to apply to the federal level, so we need to keep the second sentence, or some version of federal applicability, in it.
commented 2011-10-21 02:10:43 -0400 · Flag
Oops double click.

Basically to get the ball moving, if a proposal is made, give a +1 for approval or a 0 for disapproval and then state what you want changed.
commented 2011-10-21 02:09:57 -0400 · Flag
+1
commented 2011-10-21 02:09:57 -0400 · Flag
+1
commented 2011-10-21 02:09:47 -0400 · Flag
@Christopher, @Lam: Have you guys really been at it all day? I went to bed at 3:30 am Alaska Time, and you were still working on this. Have you even taken a nap?
commented 2011-10-21 02:08:24 -0400 · Flag
@Sam

What you have
Sec 3. No nominated appointee, candidate, or holder of, any local or State office shall accept any gift, donation or contribution from any entity other than persons residing in that State.

What we have on the document:
Sec 3. No appointee, or candidate for, or holder of, any local or state office; shall accept any gift, donation or contribution from any other candidate or individual not a resident of the state in which they are running for office. Eligible voters of any State or U.S territory are afforded the rights and privileges to donate to any and all federal level campaigns.

If it pleases all who is participating I can make the change to Section 3 per Sams request, please give a +1 if you agree or state if you want further changes
commented 2011-10-21 02:07:34 -0400 · Flag
@Christopher: Access granted. Thank you!
commented 2011-10-21 02:06:02 -0400 · Flag
@Christopher: Ah, you must be working from the Google doc to which I don’t have access. (I have the link, but not the access.)
commented 2011-10-21 02:05:05 -0400 · Flag
commented 2011-10-21 02:04:32 -0400 · Flag
@Tim, FYI, I made the following suggestion for modifying sec 3:

Sec 3. No nominated appointee, candidate, or holder of, any local or State office shall accept any gift, donation or contribution from any entity other than persons residing in that State.
commented 2011-10-21 02:04:19 -0400 · Flag
@EVERYBODY

Please update your word documents as follows:

Amendment 28

“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.”

Addendum:

Sec 1. No person, corporation, business entity, or entity of any type, domestic or foreign, hereafter referred to as ‘entity,’ other than a United States citizen, shall be allowed to contribute money, directly or indirectly, or offer any form of gift or compensation to any individual hereafter referred to as, ‘candidate’, ‘appointee’ or ‘elected official’ for state or national public office; or to contribute money on behalf of or opposed to any type to said candidates, appointees and elected officials.

The rights of organizations that exist within partnerships or an extension of natural persons shall not be abolished but subject to civic rights and responsibilities afforded by and specified within this article. Furthermore, any such legal affirmation of corporate personhood is hereby revoked immediately upon ratification of this amendment.

Sec 2. Notwithstanding any other provision of law, campaign contributions to candidates for office shall not constitute speech of any kind as guaranteed by the U.S. Constitution or any amendment to the U.S. Constitution.

Sec 3. No appointee, or candidate for, or holder of, any local or state office; shall accept any gift, donation or contribution from any other candidate or individual not a resident of the state in which they are running for office. Eligible voters of any State or U.S territory are afforded the rights and privileges to donate to any and all federal level campaigns.

Sec 4. No appointee to, or holder of, any office of any government body shall be permitted to receive any form of gift or compensation from any entities or citizen of the United States of America save their duly awarded salary from said government body.

Sec 5. No candidate for any elected office shall be permitted to receive more than one half of one percent of the average income of the bottom fifty percent of all citizens of the United States of America twenty-one years old or older, as reported by the enumeration detailed in Article 1, Sect. 2 of the U.S. Constitution, in contributions of any form, excluding volunteer hours, for any purpose, from any singular citizen of the United States of America during the same election cycle; and all contributions must be fully disclosed in amount and source.

Sec 6. No candidate for any elected office and the associated campaign thereof shall be permitted for any purpose to have a maximum amount of funding brought forth collectively from contributions totaling a value of more than twenty-five thousand percent of the median income of households in the United States of America, as reported by the enumeration detailed in Article 1, Sect. 2 of the U.S. Constitution, at the Municipal level of government; fifty thousand percent at the State level; and one hundred thousand percent at the Federal level during the same election cycle.

Sec 7. All campaign expenditures shall be comprised entirely of campaign donations both public and private not exceeding the specified limitations established per Article 28, Sect. 5 of the United States Constitution. Candidates as private citizens shall be afforded herewith the rights and privileges to contribute to their campaigns within the limits and restrictions of and for this amendment; and shall be permitted use of personal forms of transportation.

Sec 8. Nothing in this Article shall be construed to deny the rights and protections afforded to any and all legal entities under the 4th Amendment of the U.S constitution; as well as the rights or obligations of any entity to sue and be sued, or to buy, sell, own or dispose of property, to be taxed or nullify the rights pertaining to a free and open press.
commented 2011-10-21 02:02:28 -0400 · Flag
@Chris, your doc is no good if u don’t give access.
commented 2011-10-21 02:02:16 -0400 · Flag
Corporations aren’t created by laws passed by Congress. Most of them are created by laws passed by the State legislatures of New York and Delaware. But executives can, in certain circumstances, appoint commissions which shouldn’t be considered people either.

The thing about the Constitution is that it is written in broad platitudes, not in specifics. That’s really OK. The natural meanings of terms as they are understood today controls. The fact that an anti-corporate movement is sparking this discussion is a major interpretive aid to the Courts. It doesn’t trump the actual language, but it is important when there is significant doubt about what is meant.

In statutes, you’re better off erring on the side of being too specific because they can be changed if there is a problem. In the Constitution, you’re better off erring on the side of being too vague. Consider one of the most beautiful amendments out there:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

What is unreasonable? What constitutes a search and a seizure? What is probably cause? All of that was left to be interpreted later by the three branches of government. Similarly here, there is language in the Constitution and then a statute will make it really operational.

But as previously discussed, it is good to be pretty specific in the draft before you get to the Convention where more flowery language comes together.
commented 2011-10-21 02:01:47 -0400 · Flag
@ Tim

This is the section 3 version I have:

Sec 3. No appointee, or candidate for, or holder of, any local or state office; shall accept any gift, donation or contribution from any other candidate or individual not a resident of the state in which they are running for office. Eligible voters of any State or U.S territory are afforded the rights and privileges to donate to any and all federal level campaigns.
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