Florida Senate - 2015 SCR 1460 By Senator Clemens 27-01319A-15 20151460__ 1 Senate Concurrent Resolution 2 A concurrent resolution applying to Congress to call a 3 convention for the purpose of proposing amendments to 4 the Constitution of the United States. 5 6 WHEREAS, the first President of the United States, George 7 Washington, said that “the basis of our political system is the 8 right of the people to make and to alter their Constitutions of 9 Government,” and 10 WHEREAS, it was the stated intention of the framers of the 11 Constitution of the United States that the Congress of the 12 United States should be “dependent on the people alone,” (James 13 Madison, The Federalist No. 52), and 14 WHEREAS, that dependency has evolved from a dependency on 15 the people alone to a dependency on those who spend excessively 16 in elections through campaigns or third-party groups, and 17 WHEREAS, the United States Supreme Court ruling in Citizens 18 United v. Federal Election Commission, 558 U.S. 310 (2010), 19 removed restrictions on the amounts of independent political 20 spending, and 21 WHEREAS, the removal of these restrictions has resulted in 22 the unjust influence of powerful economic forces, which has 23 supplanted the will of the people by undermining the people’s 24 ability to choose their political leadership, write their own 25 laws, and determine the fate of this state, and 26 WHEREAS, Article V of the Constitution of the United States 27 requires Congress to call a convention to propose amendments 28 upon the application of two-thirds of the legislatures of the 29 several states for the purpose of proposing amendments to the 30 Constitution, and 31 WHEREAS, the State of Florida sees the need for a 32 convention to propose amendments in order to address concerns 33 such as those raised by the decision in Citizens United v. 34 Federal Election Commission and related cases and events, 35 including those occurring long before or afterward, or for a 36 substantially similar purpose, and desires that said convention 37 should be so limited, and 38 WHEREAS, the State of Florida desires that the delegates to 39 said convention be comprised equally of individuals currently 40 elected to state and local office, or be selected by election in 41 each congressional district, for the purpose of serving as 42 delegates, though all individuals elected or appointed to 43 federal office, now or in the past, be prohibited from serving 44 as delegates to the convention, and intends to retain the 45 ability to restrict or expand the power of its delegates within 46 the limits expressed above, and 47 WHEREAS, the State of Florida intends that this be a 48 continuing application considered together with applications 49 calling for a convention passed in the 2013-2014 Vermont General 50 Assembly as Act No. R-454, the 2013-2014 California State 51 Legislature as Resolution Chapter 77, the 2013-2014 Illinois 52 General Assembly as Senate Joint Resolution No. 42, and all 53 other passed, pending, and future applications, the 54 aforementioned concerns of Florida notwithstanding until such 55 time as two-thirds of the states have applied for a convention 56 and said convention is convened by Congress, NOW, THEREFORE, 57 58 Be It Resolved by the Senate of the State of Florida, the House 59 of Representatives Concurring: 60 61 That the Legislature of the State of Florida, with all due 62 respect, does hereby make application to the Congress of the 63 United States pursuant to Article V of the Constitution of the 64 United States to call a convention for the sole purpose of 65 proposing amendments to the Constitution of the United States 66 which would limit corporate personhood for purposes of campaign 67 finance and political speech and further declare that money does 68 not constitute speech and may be legislatively limited. 69 BE IT FURTHER RESOLVED that this concurrent resolution 70 constitutes a continuing application to call a constitutional 71 convention pursuant to Article V of the Constitution of the 72 United States until such time that two-thirds of the 73 legislatures of the several states apply to the United States 74 Congress to call a constitutional convention for the sole 75 purpose of proposing amendments to the Constitution of the 76 United States which would limit corporate personhood for 77 purposes of campaign finance and political speech and further 78 declare that money does not constitute speech and may be 79 legislatively limited. 80 BE IT FURTHER RESOLVED that this concurrent resolution is 81 revoked and withdrawn, nullified, and superseded to the same 82 effect as if it has never been passed, retroactive to the date 83 of passage, if it is used for the purpose of calling a 84 convention or used in support of conducting a convention to 85 amend the Constitution of the United States for any purpose 86 other than for the sole purpose set forth in this concurrent 87 resolution. 88 BE IT FURTHER RESOLVED that copies of this concurrent 89 resolution be dispatched to the President of the United States, 90 the President and President Pro Tempore of the United States 91 Senate, the Speaker and the Minority Leader of the United States 92 House of Representatives, each member of the Florida delegation 93 to the United States Congress, and the presiding officers of 94 each house of the several state legislatures.