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CONCURRENT RESOLUTION
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WHEREAS, Discarding a century of precedent, the United States |
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Supreme Court, in Citizens United v. Federal Election Commission, |
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swept aside long-standing campaign finance laws and cleared the way |
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for unlimited corporate spending in elections; and |
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WHEREAS, The five justices in the majority ruled that |
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political spending is a form of protected speech under the First |
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Amendment and that the government may not prevent corporations from |
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giving money to support or oppose individual candidates for public |
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office; the United States Constitution, however, does not mention |
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corporations and endows only natural persons with the right to |
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speak, assemble, and petition; there is no evidence that the |
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framers of the constitution wished to extend to corporations the |
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same rights as natural persons in the electoral context; and |
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WHEREAS, Corporations, as the four dissenting judges noted in |
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their opinion, are legal entities with no consciences, beliefs, |
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feelings, thoughts, or desires; these entities help structure and |
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facilitate the activities of human beings but are not themselves |
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members of "We the People," by whom and for whom the constitution |
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was established; the conditional rights of corporations are granted |
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not by the constitution but rather through the legislative |
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deliberations of Congress and the states; and |
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WHEREAS, Unlike natural persons, corporations are granted |
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certain privileges, including limited liability, perpetual life, |
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and favorable treatment of the accumulation and distribution of |
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assets, that enhance their ability to attract capital and to |
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maximize the return on their shareholders' investments; yet these |
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very privileges give corporations the financial capacity to drown |
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out the individual voices of natural persons, which is why Congress |
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and the states have rightly sought to restrict the influence of |
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corporate power on our political system; moreover, corporations may |
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be under the control of citizens of foreign countries who are |
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ineligible to participate in our elections; and |
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WHEREAS, Article V of the U.S. Constitution empowers the |
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people and the states to correct egregious Supreme Court rulings by |
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means of constitutional amendment, and 7 of the extant 27 |
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amendments were enacted for just such a purpose; the tide of |
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corporate money that has been unleashed in the wake of Citizens |
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United deeply threatens the free speech protections of individuals, |
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and the amendment process must be used to reverse this erroneous and |
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damaging decision; now, therefore, be it |
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RESOLVED, That the 84th Legislature of the State of Texas |
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hereby respectfully urge the Congress of the United States to |
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propose and submit to the states for ratification an amendment to |
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the United States Constitution that overturns Citizens United v. |
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Federal Election Commission, clearly establishing that the |
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spending of money to influence elections shall not be construed as |
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speech under the First Amendment and may be regulated by federal, |
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state, or local government, and clarifying that only natural |
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persons are protected by constitutional rights and that |
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corporations, limited liability companies, and other artificial |
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entities derive their rights through the legislative deliberations |
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of Congress and the states and remain subject to regulation by the |
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people through federal, state, or local law; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and the speaker of the House of |
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Representatives of the United States Congress, and to all the |
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members of the Texas delegation to Congress with the request that |
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this resolution be entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |