[Congressional Record Volume 160, Number 130 (Thursday, September 11, 2014)]
[Senate]
[Pages S5562-S5564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-321. A resolution adopted by the Senate of the State of 
     West Virginia urging the United States Congress to begin the 
     process of amending the United States Constitution to provide 
     that corporations are not entitled to the entirety of 
     protections or rights of natural persons, specifically so 
     that the expenditure of corporate money to influence the 
     electoral process is no longer a form of constitutionally 
     protected speech; to the Committee on the Judiciary.

                        Senate Resolution No. 24

       Whereas, In 2010 the United States Supreme Court issued its 
     decision in Citizens United v. Federal Election. Commission, 
     holding that independent spending on elections by 
     corporations and other groups could not be limited by 
     government regulations; and
       Whereas, This decision rolled back the legal restrictions 
     on corporate spending in the electoral process, allowing for 
     the unlimited corporate spending to influence elections, 
     candidate selection and policy decisions; and
       Whereas, In reaching this decision, a narrow majority of 
     the Supreme Court, relying on and expanding prior decisions, 
     interpreted the First Amendment of the Constitution to afford 
     corporations the same free speech protections as natural 
     persons; and
       Whereas, The Supreme Court relied on other prior decisions 
     which afforded the spending, of money to influence elections 
     the full protection of the .First Amendment and disregarded 
     the distorting and corrupting effects of unlimited money in 
     elections; and
       Whereas, In his eloquent dissent, Justice John Paul Stevens 
     rightly recognized that, ``corporations have no consciences, 
     no beliefs, no feelings, no thoughts, no desires. 
     Corporations help structure and facilitate the activities of 
     human beings, to be sure, and their `personhood' often 
     observes as a useful legal fiction; But they are not 
     themselves members of `We the People' by whom and for whom 
     our Constitution was established''; and
       Whereas, The court's decision in Citizens United severely 
     hampers the ability of federal, state and local governments 
     to enact reasonable campaign finance reforms and regulations 
     regarding corporate political activity; and
       Whereas, Corporations should not be afforded the entirety 
     of protections or rights of natural persons, such that the 
     expenditure of corporate money to influence the electoral 
     process is a form of constitutionally protected speech; and
       Whereas, In 2012 the same narrow majority of the Supreme 
     Court voted to strike down longstanding campaign finance laws 
     in the State of Montana without hearing any evidence or 
     argument on that state's own history and experience with 
     corporate spending and corruption; and
       Whereas, Several proposed amendments to the Constitution 
     have been introduced in Congress that would allow government 
     to regulate the raising and spending of Money by corporations 
     to influence elections; and
       Whereas, On Election Day, 2012, over six million voters 
     across the United States, including the states of Colorado 
     and Montana, had the opportunity to vote on state and local 
     ballot measures, calling for a constitutional amendment to 
     limit money in politics, and all proposed initiatives passed 
     overwhelmingly, averaging, seventy-five percent support: Now, 
     therefore, be it
       Resolved by the Senate, That the Senate opposes the United 
     States Supreme Court is interpretation of the Constitution in 
     Citizens United v. Federal Election Commission regarding the 
     constitutional rights of corporations; supports an amendment 
     to the Constitution to provide that corporations are not 
     entitled to the entirety of protections or rights of natural 
     persons, specifically so that the expenditure of corporate 
     money to influence the electoral process is no longer a form 
     of constitutionally protected speech; and calls on Congress 
     to begin the process of amending the Constitution; and be it 
     further
       Resolved, That the Senate respectfully opposes the United 
     States Supreme Court's interpretation of the Constitution in 
     Citizens United v. Federal Election Commission and related 
     cases allowing unlimited corporate election spending; and be 
     it further
       Resolved, That the Senate supports an amendment to the 
     United States Constitution to establish that corporations are 
     not entitled to the same rights and protection as natural 
     persons under the Constitution; and be it further
       Resolved, That such an amendment should assure the power of 
     the federal, state and local governments to limit, regulate 
     and require disclosure of sources of all Money spent to 
     influence elections; and be it further
       Resolved, That the Senate charges the West Virginia 
     Congressional Delegation with the duty to support such an 
     amendment, to work diligently towards its passage and to vote 
     at all stages to advance such legislation in the Congress; 
     and be it further
       Resolved, That the Senate declares its intention to ratify 
     such an amendment if and when the Congress shall submit it to 
     the states; and be it further
       Resolved, That the Clerk is hereby directed to deliver a 
     copy of this resolution to the Vice President of the United 
     States and the President pro tempore of the United States 
     Senate, to the Speaker of the House of Representatives, to 
     the Majority and Minority Leaders of both houses of Congress 
     and to each United States Senator and Member of the House of 
     Representatives from West Virginia.

           Committee Substitute for Senate Resolution No. 24

  (By Senators Snyder, Kessler (Mr. President), Beach, Cann, Edgell, 
Fitzsimmons, Green, Laird, McCabe, Miller, Tucker, Unger, Wells, Yost, 
                     Plymale, Palumbo and Williams)

            [Originating in the Committee on the Judiciary]

       Whereas, In 2010, the United States Supreme Court issued 
     its ruling in Citizens United v, Federal Election Commission 
     that enabled corporations and unions. to spend unlimited 
     amounts of money in support of or in opposition to candidates 
     for election; and
       Whereas, The people of West Virginia and all other states 
     should have the power to limit by law the extent to which 
     money can be spent in their political systems: Now, 
     therefore, be it
       Resolved by the Senate, That the Senate hereby calls upon 
     the United States Congress to propose a constitutional 
     amendment addressing the Supreme Court. decision in Citizens 
     United v. Federal Elections Commission; and be it further
       Resolved, That the West Virginia Senate supports an 
     amendment to the United States Constitution to establish that 
     corporations and unions are not entitled to the same rights 
     and protections as natural persons under the Constitution; 
     and be it further
       Resolved, That such an amendment should assure the power of 
     the federal, state and local governments to limit, regulate 
     and require disclosure of sources of all money

[[Page S5563]]

     spent in the course of political elections; and be it further
       Resolved, That the West Virginia Senate requests that the 
     West Virginia Congressional Delegation support such an 
     amendment, work diligently towards its passage and vote at 
     all stages to advance such legislation in the Congress; and 
     be it further
       Resolved, That the Clerk is hereby directed to forward a 
     copy of this resolution to the Vice President of the United 
     States and the President pro Tempore of the United States 
     Senate, to the Speaker of the House. of Representatives, to 
     the majority and minority leaders of both houses of Congress 
     and to each United States Senator and Member of the House of 
     Representatives from West Virginia.
                                  ____

       POM-322. A resolution adopted by the Legislature of the 
     State of Louisiana urging the Congress of the United States, 
     pursuant to Article V of the United States Constitution, to 
     call a convention of the states for the sole and exclusive 
     purpose of proposing an amendment to the United States 
     Constitution that would provide for a balanced budget; to the 
     Committee on the Judiciary.

                   House Concurrent Resolution No. 70

       Whereas, the failure of the federal budget process has 
     produced an enormous federal budget deficit, and growing 
     national debt presently burdens the American people and 
     threatens to burden their descendants for generations to 
     come; and
       Whereas, the congressional practice of deficit spending and 
     repeated raising of the ceiling on the federal debt has had 
     the effect of endangering the jobs, incomes, retirement 
     security, welfare, and future of American citizens; and
       Whereas, such debt diverts scarce resources from crucial 
     programs to pay interest on the national debt, constricts the 
     ability of the federal government to address long-standing 
     national problems and to respond to new needs, and increases 
     pressures to raise taxes on the American people; and
       Whereas, Article V of the Constitution of the United States 
     provides that an amendment to the constitution may be 
     proposed by congress, or on the application of the 
     legislatures of two-thirds of the states, congress is 
     required to call a constitutional convention for the purpose 
     of proposing an amendment, which, in either case, shall 
     become part of the constitution when ratified by three-
     fourths of the several states: Now, therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     make application to the Congress of the United States to call 
     a convention pursuant to Article V of the Constitution of the 
     United States of America for the specific and exclusive 
     purpose of proposing an amendment to the Constitution of the 
     United States, for submission to the states for ratification, 
     to require that in the absence of a national emergency the 
     total of all federal outlays made by congress for any fiscal 
     year may not exceed the total of all estimated federal 
     revenues for that fiscal year, together with any related and 
     appropriate fiscal restraints; and be it further
       Resolved, That this application is to be considered as 
     covering the same subject matter as the presently outstanding 
     balanced budget applications from other states, including but 
     not limited to previously adopted applications from Alabama, 
     Alaska, Arkansas, Colorado, Delaware, Florida, Georgia, 
     Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, 
     Nebraska, Ohio, Nevada, New Hampshire, New Mexico, North 
     Carolina, Pennsylvania, Tennessee, and Texas; and that this 
     application shall be aggregated with such applications for 
     the purpose of attaining the two-thirds of states necessary 
     to require the calling of a convention but shall not be 
     aggregated with applications on any other subject; and be it 
     further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted by the secretary of state to the 
     president and the secretary of the United States Senate, to 
     the speaker and clerk of the United States House of 
     Representatives, to each member of this state's delegation to 
     the congress, and to the presiding officer of each house of 
     each state legislature in the United States, requesting their 
     cooperation; and be it further
       Resolved, That this application by this legislature 
     supersedes all previous applications by this legislature on 
     this same subject matter and that this application 
     constitutes a continuing application in accordance with 
     Article V of the Constitution of the United States until the 
     legislatures of at least two-thirds of the several states 
     have made application for a similar convention pursuant to 
     Article V.
                                  ____

       POM-323. A resolution adopted by the Legislature of the 
     State of Florida applying to the United States Congress to 
     call a convention of the states, pursuant to Article V of the 
     United States Constitution, for the purpose of proposing 
     amendments to the United States Constitution to provide for a 
     balanced federal budget and limit the ability of Congress to 
     dictate to states requirements for the expenditure of federal 
     funds, and rescinding all previous applications of the State 
     of Florida for the calling of a federal constitutional 
     convention to amend the Constitution of the United States; to 
     the Committee on the Judiciary.

                    Senate Concurrent Resolution 10

       Whereas, fiscal discipline and economic integrity have been 
     core principles of American governance, and
       Whereas, the American people have historically demanded the 
     same prudent, responsible, and intellectually honest 
     financial behavior from their elected representatives as 
     ultimately compels individual behavior, and
       Whereas, it is the firm conviction of the Legislature of 
     the State of Florida that it is wrong to fund the prosperity 
     of the present generation by robbing future Americans of 
     their own, and
       Whereas, mortgaging the birthright of our children and 
     grandchildren is a dangerous departure from traditional 
     American values which threatens to permanently undermine the 
     strength of our nation, and
       Whereas, the national debt has nearly doubled over the past 
     8 years and Florida's share of that debt is $727 billion, 
     more than all Floridians make in wages and salaries in 2 
     years, and
       Whereas, for the nation to pay off the entire federal debt 
     by 2015, Congress would have to triple the federal income 
     taxes of every American and devote the increase exclusively 
     to debt payments, and
       Whereas, our debt is increasingly owed to the governments 
     of foreign nations, not to the citizens of the United States; 
     therefore, our wealth is transferred to others and will not 
     be available to supply the means for America's future growth 
     and prosperity, and
       Whereas, this generation will bequeath to its children one 
     of the world's most indebted industrial democracies, and
       Whereas, high federal deficits cause increasingly high 
     payments for debt interest in the future, make future 
     borrowing more costly, reduce investment activity, and thus 
     reduce the size of the future economy, and
       Whereas, the people of Florida recognized the wisdom of 
     fiscal discipline and enshrined in its State Constitution the 
     requirement for a balanced budget to place a prudent limit on 
     the tendencies of government, and
       Whereas, the Florida Legislature has made fiscally 
     responsible decisions, maintaining a balanced budget and 
     saving the citizens of this State from crippling deficits, 
     massive debt burdens, and bankruptcy, and
       Whereas, we the Legislature of the State of Florida call 
     for the Constitution of the United States to be amended to 
     require the Federal Government to operate with fiscal 
     responsibility, common sense, and the revenues granted to it 
     by the people, and
       Whereas, the Federal Government has for too long relied on 
     revenue increases and borrowing against our future rather 
     than on prudent spending decisions within the limits of 
     current revenues, and
       Whereas, lasting resolution of this nation's budget 
     deficit can be achieved only by addressing the spending 
     habits of our Federal Government, not by increasing the 
     tax burden under which our citizens already labor, and
       Whereas, Article V of the Constitution of the United States 
     makes provision for amending the Constitution on the 
     application of the legislatures of two-thirds of the several 
     states, calling a convention for proposing amendments that 
     shall be valid to all intents and purposes if ratified by the 
     legislatures of three-fourths of the several states, or by 
     conventions in three-fourths thereof, as one or the other 
     mode of ratification may be proposed by Congress: Now, 
     therefore, be it
       Resolved by the Senate of the State of Florida, the House 
     of Representatives Concurring:
       That the Legislature of the State of Florida, with all due 
     respect and great reluctance, does hereby make application to 
     the Congress of the United States pursuant to Article V of 
     the Constitution of the United States to call an Article V 
     amendments convention for the sole purpose of proposing 
     amendments to the Constitution of the United States:
       (1) To achieve and maintain a balanced budget by:
       (a) Requiring that such balanced budget account for all 
     obligations of the Federal Government;
       (b) Allowing flexibility in federal balanced budget 
     requirements by providing exceptions related to exigencies 
     such as national emergencies or threats to the nation's 
     security;
       (c) Imposing spending limits on the Federal Government;
       (d) Setting extraordinary vote requirements for new or 
     increased federal taxes and other revenues; and
       (e) Prohibiting federal mandates on states to impose taxes 
     or fees.
       (2) To control the ability of the Congress and the various 
     federal executive agencies to require states to expend funds 
     by:
       (a) Limiting the ability of Congress and the various 
     federal executive agencies to pass legislation requiring 
     states to spend money or to take actions requiring the 
     expenditure of money unless federal funds are provided in 
     ongoing amounts sufficient to offset the full costs of such 
     requirements; and
       (b) Limiting the ability of Congress to dictate to states 
     requirements for the expenditure of federal funds other than 
     such requirements as may be necessary to measure outcomes to 
     be achieved through the expenditure of the federal funds, 
     leaving to the several states the ability to decide how to 
     best accomplish those outcomes; and be it further
       Resolved, That this concurrent resolution supersedes all 
     previous memorials applying to the Congress of the United 
     States to call a convention for the purpose of proposing an 
     amendment to the Constitution of the United States, including 
     Senate Memorial

[[Page S5564]]

     234 and House Memorial 2801, both passed in 1976, and 
     superseded, revoked, and withdrawn in 1988 by Senate Memorial 
     302, and that such previous memorials are hereby revoked and 
     withdrawn, nullified, and superseded to the same effect as if 
     they had never been passed; and be it further
       Resolved, That this concurrent resolution is revoked and 
     withdrawn, nullified, and superseded to the same effect as if 
     it had never been passed, and retroactive to the date of 
     passage, if it is used for the purpose of calling a 
     convention or used in support of conducting a convention to 
     amend the Constitution of the United States for any purpose 
     other than requiring a balanced federal budget or limiting 
     the ability of the Federal Government to require states to 
     spend money; and be it further
       Resolved, That a copy of this concurrent resolution be 
     dispatched to the President of the United States Senate, to 
     the Speaker of the United States House of Representatives, to 
     each member of the Florida delegation to the United States 
     Congress, and to the presiding officers of each house of the 
     several state legislatures.

                          ____________________