A hearing at the will be happening on Friday, February 13, in Room 210 at the LOB (Legislative Office Building – behind the State House).
Show up and support HCR-2, [House Concurrent Resolution 2] the move to get Citizen’s United overturned. You can sign up to testify as to why you think, as a citizen, this resolution and considering an amendment is important. You also can stand by and stare down a politician. Your presence speaks volumes!
Also: A constitutional amendment is the ONLY way to overturn the Citizen’s United decision!
HCR-2 asks the New Hampshire state legislature to bring forth a resolution to Congress to have convention as explained in Article V of the US Constitution to consider adopting an amendment differentiates personhood from corporate existence. Article V in the constitution reads as follows:
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
Therefore, the move is on to get New Hampshire on the list of states to comprise the two-thirds necessary for a convention. The convention would convene for no other purpose than to consider the adopting of an amendment to clarify that corporations cannot claim “personhood”.
The body of HCR-2 reads as follows:
This bill applies to Congress for a convention under Article V of the United States Constitution for the purpose of proposing amendments to the United States Constitution in order to address concerns raised by the decision of the United States Supreme Court in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), and related cases.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
A RESOLUTION applying to Congress to hold a convention for amendments.
Whereas, the government of the United States is a government of the people, by the people, and for the people; and
Whereas, George Washington, the first President of the United States, stated in his 1796 farewell address that, “The basis of our political systems is the right of the people to make and to alter their Constitutions of Government”; and
Whereas, it was the stated intention of the framers of the Constitution of the United States of America that the Congress of the United States of America should be “dependent on the people alone.” (James Madison, Federalist 52); and
Whereas, the Tenth Amendment to the United States Constitution states “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” which has consistently been interpreted to allow the several states to establish their own laws governing the financing of elections; and
Whereas, the United States Supreme Court ruling in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), removed restrictions on amounts of independent political spending and established a de-facto imposition on the several states denying them the ability to establish their own laws governing the financing of elections; and
Whereas, the current state of federal elections has become such that tremendous power is given to monied legal entities, which have supplanted the will of the people by undermining our ability to choose our political leadership, write our own laws, and determine the fate of our state; and
Whereas, natural persons are endowed with certain unalienable rights, including life, liberty and the pursuit of happiness, while incorporated legal entities exist only under the revocable authority established by the people through Congress and the several state legislatures; and
Whereas, the Congress of the United States has thus far failed to address the multitude of problems created by the United States Supreme Court ruling in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010); and
Whereas, it is in the self-interest of the Congress of the United States not to address the issues raised by the ruling in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010); and
Whereas, Article V of the United States Constitution requires the United States Congress to call a convention for proposing amendments upon application of two-thirds of the legislatures of the several states for the purpose of proposing amendments to the United States Constitution; now, therefore, be it
Resolved by the House of Representatives, the Senate concurring:
That the legislature of the state of New Hampshire hereby applies to the United States Congress to hold a convention, as stipulated by Article V of the United States Constitution, for the purpose of proposing amendments to the United States Constitution in order to address concerns raised by the decision of the United States Supreme Court in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), and related cases, including events occurring long before or afterward or for a substantially similar purpose, and desires that said convention should be so limited, and
That delegates to such a convention from New Hampshire shall propose no amendments which do not have a primary goal of addressing the grievances listed herein, and the delegates to said convention from New Hampshire shall be comprised equally from individuals currently elected to state and local office, or be selected by election in each Congressional district for the purpose of serving as delegates, though all individuals elected or appointed to federal office, now or in the past, be prohibited from serving as delegates to the Convention, and the legislature intends to retain the ability to define the power of its delegates within the limits expressed above; and
That the state of New Hampshire intends that this be a continuing application considered together with applications calling for a convention currently pending in several other states, and all other passed, pending, and future applications, until such time as two-thirds of the several states have applied for a convention and said convention is convened by Congress; and
That the clerk of the New Hampshire house of representatives transmit copies of this resolution to the President and Vice President of the United States, the Speaker of the United States House of Representatives, the Minority Leader of the United States House of Representatives, the President Pro Tempore of the United States Senate, each member of the New Hampshire congressional delegation, and the presiding officers of each legislative body of each of the several states, requesting the cooperation of the several states in issuing an application compelling Congress to call a convention for proposing amendments pursuant to Article V of the United States Constitution.
Sponsors of the bill are:
Also, for more information on the original Citizen’s United decision and its effects, please refer to the following articles:
Citizens United vs. FEC – Open Secrets.org – a lot of good links and basic information, updated with new analysis on what the decision has done to the political process.
Citizen’s United Supreme Court Decision An excellent detailed analysis of the decision and its meaning and effects from the League of Women Voters of Minnesota with many good links.
Money Unlimited In-depth article in the New Yorker from 2012 on Justice John Robert’s work to get Citizen’s United the victory it sought.
State’s legislatures and local governments that have passed a resolution and sent it to Congress are listed on United for the People,org’s List of Local and State Resolutions