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HomeMy WebLinkAbout2012-03-26 12-129 RESOLVECOUNCIL ACTION Item No. 12 129 Date: March 26, 2012 Item/Subject: Resolve, Supporting an Amendment to the United States Constitution to Provide that Corporations are not Entitled to the Rights of Natural Persons with Regard to the Expenditure of Money to Influence Elections Responsible Department: Legal Commentary: In 2010 the United States Supreme Court issued its decision in Citizens United v. Federal Election Commission, holding that spending on elections by corporations and other groups are not limited by government regulations. This decision removed some of the legal restrictions on corporate spending on elections immediately prior to elections thus allowing for corporate spending to influence elections. With this decision the majority of the United Supreme Court interpreted the First Amendment of the United States Constitution as providing corporations with the same free speech rights as natural persons. Corporations are entities created by legislation. This decision impacts the ability of federal, state and local governments to enact laws and regulations regarding the political activities of corporations. There are several proposed amendments to the United States Constitution that have been introduced in Congress to allow government to regulate the raising and spending of money by corporations to influence elections. If approved, this Resolve will support amending the United States Constitution to provide that corporations are not entitled to the entirety of protections or rights of natural persons, specifically so that expenditure of corporate money to influence elections is not a form of constitutionally protected speech. The Resolve calls upon Congress to begin the process to amend the United States Constitution. Manager's Comments: /IS' pSA'l/Y tx�/`Z°��LV�� CIli�rYl Associated Information: Budget Approval: Legal Approval: Introduced for t Passage First Reading Referral Iq Anfil4w_ r Department Head C01� � City Manager Finance Director - Page _ of _ 12 129 Assigned to Councilor - Gratwick March 26, 2012 CITY OF BANGOR (TITLE.) RESOLVE, Supporting an Amendment to the United States Constitution to Provide that Corporations are not Entitled to the Rights of Natural Persons with Regard to the Expenditure of Money to Influence Elections WHEREAS, government of, by, and for the people has long been a cherished American value, and; WHEREAS, free and fair elections are essential to democracy and effective self -governance, and; WHEREAS, in 2010 the United States Supreme Court issued its decision in 06kens United v. Federal Bection Commission, holding that spending on elections by corporations and other groups not be limited by government regulations; and WHEREAS, this decision removed some of the legal restrictions on corporate spending on elections immediately prior to elections, allowing for corporate spending to influence elections; and WHEREAS, in its decision, the majority of the United Supreme Court interpreted the First Amendment of the United States Constitution as being the same free speech rights as natural persons; and WHEREAS, corporations are entities created by legislation; and WHEREAS, the decision in Citizens United v. Federal BecUm Commission impedes the ability of federal , state and local governments to enact reasonable laws and regulations regarding the political activities of corporations; and WHEREAS, given the financial ability of corporations to influence elections and hence policy making by government, federal, state and local governments should have the ability to regulate corporate expenditures designed to influence elections; and WHEREAS, several proposed amendments to the United States Constitution have been introduced in Congress to allow government to regulate the raising and spending of money by corporations to influence elections. BY THE CITY COUNCIL OF THE CITY OF BANGOR: BE IT RESOLVED, THAT the City Council of the City of Bangor supports amending the United States Constitution to provide that corporations are not entitled to the entirety of protections or rights of natural persons, specifically so that expenditure of corporate money to influence elections is not a form of constitutionally protected speech, and calls upon Congress to begin the process to amend the United States Constitution. IN CITY COUNCIL March 26, 2012 Motion Made and Seconded for.Passage Several Citizens from the Community urged council support of this Resolve Motion Doubted Vote: 5-3 Councilors Voting Yes: Baldacci, Gratwick, Longo, Hawes & Sprague Councilors Voting No: Durgin, Gallant & Sprague Councilor Absent: Blanchette Passed P �I A INTERIM CITY/CLEFJC # 12-129 (TITLE,) Supporting • an Amendment to the United States Constitution to Provide that Corporations are not Entitled -to -the Rights of Natural Persons withRegard to the Expenditure of Money to Inf ;ence(Elections Assigned to Councilor Cr imp ari�