Bill Text: MN SF17 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Resolution requesting Congress to propose a constitutional amendment and, if Congress does not propose an amendment, applying to Congress to call a constitutional convention to propose an amendment clarifying the rights protected under the Constitution are the rights of natural persons and not the rights of artificial entities and that spending money to influence elections is not speech under the First Amendment
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Engrossed - Dead) 2014-05-15 - Returned to General Register [SF17 Detail]
Download: Minnesota-2013-SF17-Engrossed.html
1.1A resolution
1.2memorializing Congress; requesting that Congress propose a constitutional
1.3amendment and, if Congress does not propose an amendment, applying to Congress
1.4to call a constitutional convention to propose an amendment clarifying that the rights
1.5protected under the Constitution are the rights of natural persons and not the rights of
1.6artificial entities and that spending money to influence elections is not speech under
1.7the First Amendment.
1.8WHEREAS, under Article V of the Constitution of the United States, the Congress,
1.9whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to the
1.10Constitution; and
1.11WHEREAS, under Article V of the Constitution of the United States, the Congress, on
1.12the application of the legislatures of two-thirds of the several states, shall call a convention for
1.13proposing amendments to the Constitution of the United States that shall be valid to all intents
1.14and purposes if ratified by the legislatures of three-fourths of the several states, or by conventions
1.15in three-fourths thereof, as one or the other mode of ratification may be proposed by Congress;
1.16NOW, THEREFORE,
1.17BE IT RESOLVED by the Legislature of the State of Minnesota that it requests that
1.18Congress propose an amendment to the Constitution that shall substantially read as follows:
1.19"(1) The rights protected by the Constitution of the United States are the rights of natural
1.20persons only.
1.21(2) Any entity, including any organization or association of one or more persons, established
1.22or allowed by the laws of any State, the United States, or any Foreign State shall have no rights
1.23under this Constitution and are subject to regulation by the people, through Federal, State, or
1.24local law.
2.1(3) The privileges of any entity, including any organization or association, shall be
2.2determined by the people, through Federal, State, or local law, and shall not be construed to
2.3be inherent or inalienable.
2.4(4) Federal, State, and local government shall regulate, limit, or prohibit contributions and
2.5expenditures, including a candidate's own contributions and expenditures, to ensure that all
2.6citizens, regardless of their economic status, have access to the political process, and that no
2.7person gains, as a result of their money, substantially more access or ability to influence in any
2.8way the election of any candidate for public office or any ballot measure.
2.9(5) Federal, State, and local government shall require that any permissible contributions
2.10and expenditures be publicly disclosed.
2.11(6) The judiciary shall not construe the spending of money to influence elections to be
2.12speech under the 1st Amendment.
2.13(7) Nothing contained in this amendment shall be construed to abridge the freedom of
2.14the press."
2.15BE IT FURTHER RESOLVED that if Congress does not propose the amendment language
2.16or substantially similar amendment language as contained in this resolution, the Legislature of the
2.17State of Minnesota applies to the Congress of the United States to call a constitutional convention
2.18for the purpose of proposing the amendment language or substantially similar amendment language
2.19as contained in this resolution as an amendment to the Constitution of the United States; and
2.20BE IT FURTHER RESOLVED that the Legislature of the State of Minnesota and the
2.21people of Minnesota demand that if Congress does not propose the amendment language in this
2.22resolution and if at least two-thirds of state legislatures have applied to Congress to call for a
2.23constitutional convention to adopt the same or substantially similar constitutional amendment
2.24language contained in this resolution, then the Congress must exercise its constitutional duty to
2.25call a constitutional convention, and that the constitutional convention shall be called within six
2.26months from the date that at least two-thirds of state legislatures have made the same or similar
2.27application to Congress; and
2.28BE IT FURTHER RESOLVED that if Congress has taken no action by June 1, 2020, the
2.29Legislature of the State of Minnesota withdraws this resolution; and
2.30BE IT FURTHER RESOLVED that the Legislature of the State of Minnesota calls on other
2.31states to join with the Legislature of the State of Minnesota in this action by passing the same
2.32or similar resolutions; and
3.1BE IT FURTHER RESOLVED that the Secretary of State of Minnesota is directed to
3.2prepare copies of this resolution and transmit them to the Speaker and the Clerk of the United
3.3States House of Representatives, the President and the Secretary of the United States Senate, the
3.4United States Secretary of State, and Minnesota's Senators and Representatives in Congress.
1.2memorializing Congress; requesting that Congress propose a constitutional
1.3amendment and, if Congress does not propose an amendment, applying to Congress
1.4to call a constitutional convention to propose an amendment clarifying that the rights
1.5protected under the Constitution are the rights of natural persons and not the rights of
1.6artificial entities and that spending money to influence elections is not speech under
1.7the First Amendment.
1.8WHEREAS, under Article V of the Constitution of the United States, the Congress,
1.9whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to the
1.10Constitution; and
1.11WHEREAS, under Article V of the Constitution of the United States, the Congress, on
1.12the application of the legislatures of two-thirds of the several states, shall call a convention for
1.13proposing amendments to the Constitution of the United States that shall be valid to all intents
1.14and purposes if ratified by the legislatures of three-fourths of the several states, or by conventions
1.15in three-fourths thereof, as one or the other mode of ratification may be proposed by Congress;
1.16NOW, THEREFORE,
1.17BE IT RESOLVED by the Legislature of the State of Minnesota that it requests that
1.18Congress propose an amendment to the Constitution that shall substantially read as follows:
1.19"(1) The rights protected by the Constitution of the United States are the rights of natural
1.20persons only.
1.21(2) Any entity, including any organization or association of one or more persons, established
1.22or allowed by the laws of any State, the United States, or any Foreign State shall have no rights
1.23under this Constitution and are subject to regulation by the people, through Federal, State, or
1.24local law.
2.1(3) The privileges of any entity, including any organization or association, shall be
2.2determined by the people, through Federal, State, or local law, and shall not be construed to
2.3be inherent or inalienable.
2.4(4) Federal, State, and local government shall regulate, limit, or prohibit contributions and
2.5expenditures, including a candidate's own contributions and expenditures, to ensure that all
2.6citizens, regardless of their economic status, have access to the political process, and that no
2.7person gains, as a result of their money, substantially more access or ability to influence in any
2.8way the election of any candidate for public office or any ballot measure.
2.9(5) Federal, State, and local government shall require that any permissible contributions
2.10and expenditures be publicly disclosed.
2.11(6) The judiciary shall not construe the spending of money to influence elections to be
2.12speech under the 1st Amendment.
2.13(7) Nothing contained in this amendment shall be construed to abridge the freedom of
2.14the press."
2.15BE IT FURTHER RESOLVED that if Congress does not propose the amendment language
2.16or substantially similar amendment language as contained in this resolution, the Legislature of the
2.17State of Minnesota applies to the Congress of the United States to call a constitutional convention
2.18for the purpose of proposing the amendment language or substantially similar amendment language
2.19as contained in this resolution as an amendment to the Constitution of the United States; and
2.20BE IT FURTHER RESOLVED that the Legislature of the State of Minnesota and the
2.21people of Minnesota demand that if Congress does not propose the amendment language in this
2.22resolution and if at least two-thirds of state legislatures have applied to Congress to call for a
2.23constitutional convention to adopt the same or substantially similar constitutional amendment
2.24language contained in this resolution, then the Congress must exercise its constitutional duty to
2.25call a constitutional convention, and that the constitutional convention shall be called within six
2.26months from the date that at least two-thirds of state legislatures have made the same or similar
2.27application to Congress; and
2.28BE IT FURTHER RESOLVED that if Congress has taken no action by June 1, 2020, the
2.29Legislature of the State of Minnesota withdraws this resolution; and
2.30BE IT FURTHER RESOLVED that the Legislature of the State of Minnesota calls on other
2.31states to join with the Legislature of the State of Minnesota in this action by passing the same
2.32or similar resolutions; and
3.1BE IT FURTHER RESOLVED that the Secretary of State of Minnesota is directed to
3.2prepare copies of this resolution and transmit them to the Speaker and the Clerk of the United
3.3States House of Representatives, the President and the Secretary of the United States Senate, the
3.4United States Secretary of State, and Minnesota's Senators and Representatives in Congress.
