SENATE MEMORIAL 3

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Stephen H. Fischmann

A MEMORIAL

EXPRESSING OPPOSITION TO THE UNITED STATES SUPREME COURT RULING IN CITIZENS UNITED V. FEDERAL ELECTION COMMISSION CONCERNING CORPORATE CAMPAIGN SPENDING AND REQUESTING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION.

     WHEREAS, on January 21, 2010, the United States supreme court, by a five to four decision in Citizens United v. Federal Election Commission, overturned several important provisions of the Bipartisan Campaign Reform Act of 2002, as well as earlier supreme court decisions, and swept away a century of tradition barring corporate spending in elections in the United States; and

     WHEREAS, the United States supreme court's ruling holds that corporations are people with free speech rights under the United States constitution and may engage in unlimited corporate spending in elections; and

    WHEREAS, Citizens United v. Federal Election Commission unleashes a torrent of corporate money into the political process unmatched by any campaign expenditure totals in United States history; and

    WHEREAS, Citizens United v. Federal Election Commission purports to invalidate state laws and even state constitutional provisions separating corporate money from elections; and

    WHEREAS, Citizens United v. Federal Election Commission presents a serious and direct threat to republican democracy; and

    WHEREAS, the decision in Citizens United v. Federal Election Commission grants excessive power to corporate interests and threatens to overwhelm the voices of individual citizens in the political process; and

    WHEREAS, Article V of the United States constitution empowers and obligates the people and states of the United States of America to use the constitutional amendment process to correct those egregiously wrong decisions of the United States supreme court that go to the heart of democracy and republican self-government; and

    WHEREAS, the people and states of the United States of America have strengthened the nation and preserved liberty and equality for all by using the amendment process throughout history, including in seven of the ten decades of the twentieth century, and through the amendment process have reversed seven erroneous supreme court decisions;

    NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that it express strong opposition to the United States supreme court's decision in Citizens United v. Federal Election Commission and call upon the United States congress to propose and send to the states for ratification an amendment to the United States constitution to restore republican democracy to the people of the United States; and

    BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the New Mexico congressional delegation.

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