Frequently Asked Questions
Question: Is there Constitutional amendment language?
Answer: So far there have been 12 constitutional amendments introduced in the 112th Congress. These include:
- H.J.Res. 72 introduced on July 13, 2011 by Rep. Kurt Schrader. Proposing an amendment to the Constitution of the United States affirming the power of Congress and the States to regulate contribution of funds to candidates and the expenditure of funds intended to influence the outcome of elections.
- H.J.Res. 8 introduced on January 5, 2011 Rep. Marcy Kaptur. Proposing an amendment to the Constitution of the United States relating to limitations on the amounts of contributions and expenditures that may be made in connection with campaigns for election to public office.
- H.J.Res. 78 introduced on September 12, 2011 by Rep. Donna Edwards. Proposing an amendment to the Constitution of the United States to clarify the authority of Congress and the States to regulate the expenditure of funds for political activity by corporations.
- S.J.Res. 29 introduced on November 1, 2011 by Senators Tom Udall (D-NM), Michael Bennet (D-CO), Tom Harkin (D-IA), Dick Durbin (D-IL), Sheldon Whitehouse (D-RI), Jeff Merkley (D-OR), and Mark Begich (D-AK). Proposing an amendment to the Constitution of the United States to reverse the Supreme Court’s decision on the Citizens United v. FEC.
- H.J.Res. 86 introduced on November 4, 2011 by Rep. Betty Sutton. Proposing an amendment to the Constitution of the United States to reverse the Supreme Court’s decision on the Citizens United v. FEC.
- H.J.Res. 88 introduced on November 15, 2011 by Rep. Jim McGovern. Proposing an amendment that would overturn the Supreme Court ruling on Citizens United v. FEC and to make clear that corporations are not people.
- H.J. Res. 90, introduced on November 18, 2011 by Rep. Ted Deutch. Proposing an amendment to the Constitution of the United States to expressly exclude for-profit corporations from the rights given to natural persons by the Constitution of the United States, prohibit corporate spending in all elections, and affirm the authority of Congress and the States to regulate corporations and to regulate and set limits on all election contributions and expenditures.
- H.J. Res. 92, introduced on December 6, 2011 by Rep. Keith Ellison. Proposing an amendment to the Constitution of the United States relating to the authority of Congress and the States to regulate the disbursement of funds for political activity by for-profit corporations and other for-profit business organizations.
- S.J. Res. 33, introduced on December 8th by Rep. Bernie Sanders. Proposing an amendment to the Constitution of the United States to expressly exclude for-profit corporations from the rights given to natural persons by the Constitution of the United States, prohibit corporate spending in all elections, and affirm the authority of Congress and the States to regulate corporations and to regulate and set limits on all election contributions and expenditures.
- H.J. Res. 97, introduced on December 20th by Rep. John Yarmuth and Rep. Walter Jones. Proposing an amendment to the Constitution of the United States declaring that spending on elections does not qualify as protected speech under the First Amendment, giving Congress the authority to create a public financing system as the sole source of funding for federal elections, and designating a national holiday for the purpose of voting.
- H.J. Res. 82 introduced on October 14, 2011 by Rep. Ted Deutch. Proposing an amendment to the Constitution of the United States authorizing regulation of any expenditure in connection with an election.
- H.J. Res. 100, introduced on January 18th, 2012 by Rep. Dennis Kucinich. Proposing an amendment to the Constitution of the United States declaring that elections should be publicly funded, and that
Question: Why are there so many different versions? Wouldn’t it be better if everyone were pressing for the same language?
Answer: Right now, as the movement builds for taking the “for sale” sign off of our democracy, one of the most important things we can do is to help educate and mobilize our friends and neighbors -- and elected officials -- to get involved and take a stand. There are a lot of really good ideas about the best way to amend the Constitution, and continued debate and dialogue on that and other important issues will only help build the momentum. So right now we believe it’s important to focus on our common agreement that America works best when our government is of, by and for the people and that to achieve that end we must amend the Constitution.
Question: Do you have recommended language for the local and state resolutions calling for constitutional remedies?
Answer: There are a number of different sample resolutions you can use, including:
Question: What is the process for amending the Constitution?
Answer: An amendment has to be proposed either by a 2/3 vote of both houses of Congress, or else by a constitutional convention convened when the legislatures of 2/3 of the states so request. The amendment has to be ratified either by the legislatures of 3/4 of the states, or by conventions in 3/4 of the states, depending on which means of ratification Congress proposes. All of the amendments to the Constitution, of which there are now 27, were proposed by Congress, and all but one were ratified by state legislatures. The convention route has never been used for proposing an amendment, and was used only once for ratifying an amendment (the 21st, which eliminated Prohibition).