Tester's Constitutional Amendment says corporations are not 'people'

Sen. Jon Tester introduced a Constitutional Amendment on June 18 clarifying that corporations are not “people” and restoring the right of Congress to limit corporate influence in elections.

In introducing his amendment, Tester said he is listening to Montana voters, who voted overwhelmingly last November to direct the state’s Congressional delegation to amend the U.S. Constitution to empower Congress to limit corporate spending in elections.

Tester’s amendment is aimed at overturning the 2010 U.S. Supreme Court case Citizens United, which allows corporations to spend unlimited money on political campaigns with no transparency.

“Montanans expect real people and their ideas — not corporations and their money — to decide our elections,” he said. “The Citizens United decision undermines Montana values and distorts the democratic process. Montanans rejected corporate control of elections a century ago, and I’m proud to join them in standing up for our long-held values.”

Tester has been a consistent critic of the Citizens United decision. At a June 18 press conference, he said unlimited and undisclosed corporate spending “warped” the 2012 elections. Holding corporations accountable would empower voters and support leaders willing to tackle the tough issues facing the country, he said.

Tester is also co-sponsoring a Constitutional Amendment introduced by New Mexico Sen. Tom Udall that specifically authorizes Congress to regulate the raising and spending of money for federal political campaigns, while letting states oversee spending at their level. 

Montana’s efforts to stand up to corporate influence in elections date back to the early 1900s, when wealthy mining corporations used their money to buy election outcomes. In response, Montana voters in 1912 passed an initiative limiting corporate influence — a law recently upheld by Montana’s Supreme Court but overturned by the U.S. Supreme Court.

Amendments to the U.S. Constitution must pass both the Senate and the House by two-thirds majorities and then be ratified by three-fourths of the state legislatures. Below is the language to Tester’s amendment:

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Joint Resolution

Proposing an amendment to the Constitution of the United States to clarify the authority of Congress and the States to regulate corporations, limited liability companies or other corporate entities established by the laws of any State, the United States, or any foreign state.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein),

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

ARTICLE

SECTION 1. We the people who ordain and establish this Constitution intend the rights protected by this Constitution to be the rights of natural persons.

SECTION 2. The words people, person, or citizen as used in this Constitution do not include corporations, limited liability companies or other corporate entities established by the laws of any State, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected State and Federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.

SECTION 3. Nothing contained herein shall be construed to limit the people’s rights of freedom of speech, freedom of the press, free exercise of religion, freedom of association and all such other rights of the people, which rights are unalienable.