Florida Senate - 2012 SM 1576 By Senator Braynon 33-01285-12 20121576__ 1 Senate Memorial 2 A memorial to the Congress of the United States, 3 urging Congress to propose an amendment to the United 4 States Constitution to restore the constitutional 5 rights of the people to fair elections. 6 7 WHEREAS, the states adopted and ratified the United States 8 Constitution to protect the free speech and other rights of 9 people, not corporations, and 10 WHEREAS, corporations are not people but instead are 11 entities created by the law of states and nations, and 12 WHEREAS, for the past three decades, a divided United 13 States Supreme Court has erroneously transformed the First 14 Amendment to the United States Constitution into a powerful tool 15 for corporations seeking to evade and invalidate the people’s 16 laws, and 17 WHEREAS, this misuse of the First Amendment for the benefit 18 of corporations reached an extreme conclusion in the United 19 States Supreme Court’s ruling in Citizens United v. Federal 20 Election Commission, 130 S.Ct 876 (2010), and 21 WHEREAS, Citizens United v. Federal Election Commission 22 overturned longstanding precedent restricting corporate 23 expenditures to influence elections, and 24 WHEREAS, Citizens United v. Federal Election Commission, 25 unleashed a torrent of corporate money in political processes in 26 a manner unmatched by any campaign expenditure totals in United 27 States history, and 28 WHEREAS, Citizens United v. Federal Election Commission, 29 purports to invalidate state laws and even provisions of state 30 constitutions restricting corporate expenditures to influence 31 elections, and 32 WHEREAS, Citizens United v. Federal Election Commission, 33 presents a serious and direct threat to our republican form of 34 government, and 35 WHEREAS, Article V of the United States Constitution 36 empowers and obligates the people and states of the United 37 States of America to use the constitutional amendment process to 38 correct those egregiously wrong decisions of the United States 39 Supreme Court which go to the heart of our democracy, and 40 WHEREAS, the people and states of the United States have 41 strengthened the nation and preserved liberty and equality for 42 all by using the amendment process throughout our history and by 43 using the amendment process to reverse seven erroneous Supreme 44 Court decisions, NOW, THEREFORE, 45 46 Be It Resolved by the Legislature of the State of Florida: 47 48 That the Congress of the United States is urged to enact 49 and send to the states for ratification a constitutional 50 amendment to reverse Citizens United v. Federal Election 51 Commission, and to restore the constitutional rights of the 52 people to fair elections. 53 BE IT FURTHER RESOLVED that copies of this memorial be 54 dispatched to the President of the United States, to the 55 President of the United States Senate, to the Speaker of the 56 United States House of Representatives, and to each member of 57 the Florida delegation to the United States Congress.