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:
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Associated Information:
Budget Approval:
Legal Approval:
Introduced for
t Passage
First Reading
Referral
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Department Head
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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�