Minnesota Legislature
SF 17
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 03/04/2014 04:24pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1A joint resolution
1.2requesting that Congress propose a constitutional amendment and, if Congress does
1.3not propose an amendment, applying to Congress to call a constitutional convention
1.4to propose an amendment clarifying that the rights protected under the Constitution
1.5are the rights of natural persons and not the rights of artificial entities and that
1.6spending money to influence elections is not speech under the First Amendment.
1.7WHEREAS, under Article V of the Constitution of the United States, the Congress,
1.8whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to the
1.9Constitution; and
1.10WHEREAS, under Article V of the Constitution of the United States, the Congress, on
1.11the application of the legislatures of two-thirds of the several states, shall call a convention for
1.12proposing amendments to the Constitution of the United States that shall be valid to all intents
1.13and purposes if ratified by the legislatures of three-fourths of the several states, or by conventions
1.14in three-fourths thereof, as one or the other mode of ratification may be proposed by Congress;
1.15NOW, THEREFORE,
1.16BE IT RESOLVED by the Legislature of the State of Minnesota that it requests that
1.17Congress propose an amendment to the Constitution that shall substantially read as follows:
1.18"(1) The rights protected by the Constitution of the United States are the rights of natural
1.19persons only.
1.20(2) Artificial entities, such as corporations, limited liability companies, and other entities,
1.21established by the laws of any State, the United States, or any foreign state shall have no rights
1.22under this Constitution and are subject to regulation by the People, through Federal, State, or
1.23local law.
2.1(3) The privileges of artificial entities shall be determined by the People, through Federal,
2.2State, or local law, and shall not be construed to be inherent or inalienable.
2.3(4) Federal, State, and local government shall regulate, limit, or prohibit contributions and
2.4expenditures, including a candidate's own contributions and expenditures, to ensure that all
2.5citizens, regardless of their economic status, have access to the political process, and that no
2.6person gains, as a result of their money, substantially more access or ability to influence in any
2.7way the election of any candidate for public office or any ballot measure.
2.8(5) Federal, State, and local government shall require that any permissible contributions
2.9and expenditures be publicly disclosed.
2.10(6) The judiciary shall not construe the spending of money to influence elections to be
2.11speech under the 1st Amendment.
2.12(7) Nothing contained in this amendment shall be construed to abridge the freedom of
2.13the press."
2.14BE IT FURTHER RESOLVED that if Congress does not propose the amendment language
2.15or substantially similar amendment language as contained in this resolution, the Legislature of the
2.16State of Minnesota applies to the Congress of the United States to call a constitutional convention
2.17for the purpose of proposing the amendment language or substantially similar amendment language
2.18as contained in this resolution as an amendment to the Constitution of the United States; and
2.19BE IT FURTHER RESOLVED that the Legislature of the State of Minnesota and the
2.20people of Minnesota demand that if Congress does not propose the amendment language in this
2.21resolution and if at least two-thirds of state legislatures have applied to Congress to call for a
2.22constitutional convention to adopt the same or substantially similar constitutional amendment
2.23language contained in this resolution, then the Congress must exercise its constitutional duty to
2.24call a constitutional convention, and that the constitutional convention shall be called within six
2.25months from the date that at least two-thirds of state legislatures have made the same or similar
2.26application to Congress; and
2.27BE IT FURTHER RESOLVED that the Legislature of the State of Minnesota calls on other
2.28states to join with the Legislature of the State of Minnesota in this action by passing the same
2.29or similar resolutions; and
2.30BE IT FURTHER RESOLVED that the Secretary of State of Minnesota is directed to
2.31prepare copies of this resolution and transmit them to the Speaker and the Clerk of the United
3.1States House of Representatives, the President and the Secretary of the United States Senate, the
3.2United States Secretary of State, and Minnesota's Senators and Representatives in Congress.
1.2requesting that Congress propose a constitutional amendment and, if Congress does
1.3not propose an amendment, applying to Congress to call a constitutional convention
1.4to propose an amendment clarifying that the rights protected under the Constitution
1.5are the rights of natural persons and not the rights of artificial entities and that
1.6spending money to influence elections is not speech under the First Amendment.
1.7WHEREAS, under Article V of the Constitution of the United States, the Congress,
1.8whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to the
1.9Constitution; and
1.10WHEREAS, under Article V of the Constitution of the United States, the Congress, on
1.11the application of the legislatures of two-thirds of the several states, shall call a convention for
1.12proposing amendments to the Constitution of the United States that shall be valid to all intents
1.13and purposes if ratified by the legislatures of three-fourths of the several states, or by conventions
1.14in three-fourths thereof, as one or the other mode of ratification may be proposed by Congress;
1.15NOW, THEREFORE,
1.16BE IT RESOLVED by the Legislature of the State of Minnesota that it requests that
1.17Congress propose an amendment to the Constitution that shall substantially read as follows:
1.18"(1) The rights protected by the Constitution of the United States are the rights of natural
1.19persons only.
1.20(2) Artificial entities, such as corporations, limited liability companies, and other entities,
1.21established by the laws of any State, the United States, or any foreign state shall have no rights
1.22under this Constitution and are subject to regulation by the People, through Federal, State, or
1.23local law.
2.1(3) The privileges of artificial entities shall be determined by the People, through Federal,
2.2State, or local law, and shall not be construed to be inherent or inalienable.
2.3(4) Federal, State, and local government shall regulate, limit, or prohibit contributions and
2.4expenditures, including a candidate's own contributions and expenditures, to ensure that all
2.5citizens, regardless of their economic status, have access to the political process, and that no
2.6person gains, as a result of their money, substantially more access or ability to influence in any
2.7way the election of any candidate for public office or any ballot measure.
2.8(5) Federal, State, and local government shall require that any permissible contributions
2.9and expenditures be publicly disclosed.
2.10(6) The judiciary shall not construe the spending of money to influence elections to be
2.11speech under the 1st Amendment.
2.12(7) Nothing contained in this amendment shall be construed to abridge the freedom of
2.13the press."
2.14BE IT FURTHER RESOLVED that if Congress does not propose the amendment language
2.15or substantially similar amendment language as contained in this resolution, the Legislature of the
2.16State of Minnesota applies to the Congress of the United States to call a constitutional convention
2.17for the purpose of proposing the amendment language or substantially similar amendment language
2.18as contained in this resolution as an amendment to the Constitution of the United States; and
2.19BE IT FURTHER RESOLVED that the Legislature of the State of Minnesota and the
2.20people of Minnesota demand that if Congress does not propose the amendment language in this
2.21resolution and if at least two-thirds of state legislatures have applied to Congress to call for a
2.22constitutional convention to adopt the same or substantially similar constitutional amendment
2.23language contained in this resolution, then the Congress must exercise its constitutional duty to
2.24call a constitutional convention, and that the constitutional convention shall be called within six
2.25months from the date that at least two-thirds of state legislatures have made the same or similar
2.26application to Congress; and
2.27BE IT FURTHER RESOLVED that the Legislature of the State of Minnesota calls on other
2.28states to join with the Legislature of the State of Minnesota in this action by passing the same
2.29or similar resolutions; and
2.30BE IT FURTHER RESOLVED that the Secretary of State of Minnesota is directed to
2.31prepare copies of this resolution and transmit them to the Speaker and the Clerk of the United
3.1States House of Representatives, the President and the Secretary of the United States Senate, the
3.2United States Secretary of State, and Minnesota's Senators and Representatives in Congress.