Edit Memo: Constitutional Amendment to Overturn Decisions Like Citizens United Debated in U.S. Senate, 55 Senators in Support

To: Interested Parties
From: Marge Baker, Executive Vice President, People For the American Way
Date: September 16, 2014
Subject: Constitutional Amendment to Overturn Decisions Like Citizens United Debated in U.S. Senate, 55 Senators in Support

On Thursday, September 11th the U.S. Senate had a historic vote. After a week of debate about the Democracy for All Amendment, a proposed constitutional amendment that would overturn decisions like Citizens United v. FEC and allow legislators to put reasonable limits on money in elections, 54 senators went on record to stand up for the voices of everyday Americans. Including Senator Kirsten Gillibrand (D-NY), an amendment cosponsor who was not able to be there for the vote, there are now 55 senators on record in support of the amendment.

The 55 senators in support put amendment proponents only 12 short of the 67 votes needed to pass a constitutional amendment through the Senate. While no Republican senators voted in support of the amendment, Washington D.C. appears to be the only place in the nation where the issue is partisan. Past amendments that similarly attempted to restore the ability of Congress and the states to enact reasonable campaign finance regulations until recently enjoyed bipartisan support from Congress and an amendment continues to be widely popular among the general public. According to a recent poll, nearly three-fourths of voters, including Republicans by a margin of 26%, are in favor of a constitutional amendment to limit the influence of big money in our elections.

This vote in the Senate marks an important milestone, with a majority of senators responding to a grassroots movement calling for an amendment to curtail the influence of money in politics. Less than five years after the Supreme Court made its radical decision in Citizens United, this proposed 28th Amendment has already had a majority vote on the Senate floor. This victory resulted from a massive mobilization of grassroots activists and progressive organizations, a coalition consisting of civil rights, social justice, environmental and labor advocacy groups.

Amending the Constitution is not a simple or fast process, as well it shouldn’t be. Yet, nearly every generation has amended the Constitution to address some of the most serious issues of their day. Money in politics is the underlying problem that prevents progress on many of the major issues of this generation, such as climate change, healthcare, minimum wage, and equal pay for equal work. This effort will likely take years, perhaps even decades.

Many inside the Beltway media have portrayed the Democracy for All amendment in a cynical light. What Washington insiders fail to grasp is that this is the debate that everyday Americans want to have, and this is the beginning of a long-term, concerted effort to protect American democracy.

The New York Times Editorial Board made this point in an editorial last week:

“They are not under the illusion that it will become the 28th Amendment soon, if ever. But their willingness to undertake a long and difficult effort shows the importance they attach to restoring fairness to American politics by reducing the influence of big money … and amending the Constitution should not be taken lightly. It is a last resort to fix a grave civic problem. But the backers of this amendment recognize that the nature of American democracy is at stake.”

We urge you to use the opportunity created by this historic vote to tell the story of the grassroots movement to get big money out of politics and to hold your senators accountable for their votes. To aid in that process, below you will find a list of facts about the grassroots movement to overturn Citizens United, as well as links to some of the media coverage of the Senate vote.

Facts About the Grassroots Movement for an Amendment

•  Americans have protested the Citizen United decision consistently for nearly five years including 150 rallies in 41 states on the day of the McCutcheon decision.
16 states and 550 cities have passed resolutions urging Congress to begin the process of amending the Constitution.
•  3.2 million Americans have signed petitions calling for an amendment.
•  159 local, state, and federal Republicans have criticized Citizens United and/or called for an amendment, including former Senator Alan Simpson who endorsed the Democracy for All Amendment on the first day of debate, and former communications director to President George W. Bush, Mark McKinnon, who said of the amendment, “We have to battle [money in politics] on every front every single day.”
•  A diverse coalition of citizen organizations and small business leaders representing millions of Americans have issued statements of support.

Media Coverage (Full list here)

Amendment to Cut Political Cash by New York Times Editorial Board:

“Republicans, fearful of deflating their cushion of cash, are trying to portray the amendment as an assault on the Bill of Rights. But writing unlimited checks on behalf of politicians was never part of the American birthright. This measure defines protected “speech” as it had been understood in the First Amendment for 185 years until the Buckley decision: actual words uttered or written by natural persons, not money spent, and certainly not from corporate treasuries.”

Bipartisan case for a Constitutional amendment on campaign finance by former Republican Senator Alan Simpson and Sen. Tom Udall in The Hill:

“Our founders...would be appalled by corporate spending in elections and unlimited personal donations by billionaires. The solution is to clarify the Constitution so that the people may decide how, when and why to regulate campaign finance…Amending the Constitution is difficult – as it should be – but it is long past time to have an honest and thoughtful national dialogue about our broken electoral process and how we voters can fix it.”

This Is a ‘Pivotal Moment’ for the Movement to Remove Big Money From Politics by John Nichols at The Nation:

“Make no mistake, there will be a Twenty-Eighth Amendment; there must be if the American experiment is to survive as anything akin to a democratic republic. As with past amendments, however, this initial proposal for updating the Constitution will likely be altered—with language strengthened or weakened based on the ability of mass movements to place demands for more or less radical change.”


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