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House Joint Resolution 8 - IntroducedA Bill ForA Joint Resolution 1requesting the call of a constitutional
2convention in order to propose an amendment to the
3Constitution of the United States to allow Congress and the
4states to prohibit or otherwise regulate the expenditure
5of funds for political speech by any corporation, limited
6liability company, or other corporate entity.
7WHEREAS, by a ruling of the United States supreme court,
8a corporation, limited liability company, or other type of
9corporate entity is now accorded greater rights of political
10activity than was previously lawful;and
11WHEREAS, those rights now allow a corporation, a limited
12liability company, or other type of corporate entity to use
13general treasury funds to make independent expenditures for
14electioneering communications or for speech that expressly
15advocates the election or defeat of a candidate for public
16office;and
17WHEREAS, this ruling overturns a century of legislative
18and judicial determinations making a distinction between the
19political free speech of natural persons and political activity
20by corporate entities;and
21WHEREAS, a corporate entity has far greater economic
22resources than does a natural person and may use those
23resources to advance political ideas;and
24WHEREAS, restriction and regulation of corporate political
25activity is essential to prevent domination of the political
26process by corporate entities;NOW THEREFORE,
27BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1That pursuant to Article V of the Constitution of the United
2States, the general assembly, as the legislature of the state
3of Iowa, makes application to the Congress of the United States
4to call a convention for the specific and exclusive purpose
5of proposing the amendment to the Constitution of the United
6States as set out in this Joint Resolution, for submission to
7the states for ratification.
8BE IT FURTHER RESOLVED, That if, within sixty days after the
9legislatures of two-thirds of the states make application for
10such convention, Congress proposes and submits to the states
11for ratification an amendment to the Constitution of the United
12States which empowers Congress and the states to regulate the
13expenditure of funds for political speech by any corporation,
14limited liability company, or other corporate entity, in a
15manner substantially similar to the manner contained in this
16Joint Resolution, then this application for a convention shall
17no longer be of any force and effect.
18BE IT FURTHER RESOLVED, That if the convention is not
19limited to the specific and exclusive purposes of this Joint
20Resolution, this application and request shall be null and
21void, and shall be rescinded and of no effect.
22BE IT FURTHER RESOLVED, That this application constitutes
23a continuing application in accordance with Article V of the
24Constitution of the United States, until at least two-thirds
25of the legislatures of the several states have made application
26for a similar convention under Article V, or the Congress has
27proposed the amendment called for by this Joint Resolution, or
28the general assembly acts to withdraw this application.
29“ARTICLE
30SECTION 1. The sovereign right of the people to govern
31being essential to a free democracy, Congress and the states
32may prohibit or otherwise regulate the expenditure of funds for
33political speech by any corporation, limited liability company,
34or other corporate entity.
35SEC. 2. Nothing contained in this article shall be construed
-1-1to abridge the freedom of the press.”; and
2BE IT FURTHER RESOLVED, That the secretary of state
3shall transmit certified copies of this Joint Resolution
4to the president and secretary of the United States
5senate, the speaker and clerk of the United States house of
6representatives, the presiding officer in each house of the
7legislature in each of the states in the union, and each member
8of the Iowa congressional delegation.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This joint resolution constitutes a petition requesting the
13United States Congress to call a constitutional convention in
14order to propose an amendment to the Constitution of the United
15States and submit it to the states to allow Congress and the
16states to prohibit or regulate the expenditure of funds for
17political speech by any corporation, limited liability company,
18or other corporate entity.
19The resolution functions as an application to the Congress
20of the United States to call a convention for the specific and
21exclusive purpose of proposing such an amendment for submission
22to the states for ratification. Under the resolution, if
23Congress proposes and submits a substantially similar amendment
24to the states for ratification, then the resolution will no
25longer be of any force and effect. Also under the resolution,
26if the convention is not limited to the specific and exclusive
27purposes of the resolution, then the application and request is
28null and void, and is rescinded and of no effect.
29The resolution constitutes a continuing application in
30accordance with Article V of the Constitution of the United
31States until at least two-thirds of the legislatures of states
32have made application for a similar convention, Congress has
33proposed the amendment contained in the resolution, or the
34general assembly resolves to withdraw the application.
-2-aw/rj
2convention in order to propose an amendment to the
3Constitution of the United States to allow Congress and the
4states to prohibit or otherwise regulate the expenditure
5of funds for political speech by any corporation, limited
6liability company, or other corporate entity.
7WHEREAS, by a ruling of the United States supreme court,
8a corporation, limited liability company, or other type of
9corporate entity is now accorded greater rights of political
10activity than was previously lawful;and
11WHEREAS, those rights now allow a corporation, a limited
12liability company, or other type of corporate entity to use
13general treasury funds to make independent expenditures for
14electioneering communications or for speech that expressly
15advocates the election or defeat of a candidate for public
16office;and
17WHEREAS, this ruling overturns a century of legislative
18and judicial determinations making a distinction between the
19political free speech of natural persons and political activity
20by corporate entities;and
21WHEREAS, a corporate entity has far greater economic
22resources than does a natural person and may use those
23resources to advance political ideas;and
24WHEREAS, restriction and regulation of corporate political
25activity is essential to prevent domination of the political
26process by corporate entities;NOW THEREFORE,
27BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1That pursuant to Article V of the Constitution of the United
2States, the general assembly, as the legislature of the state
3of Iowa, makes application to the Congress of the United States
4to call a convention for the specific and exclusive purpose
5of proposing the amendment to the Constitution of the United
6States as set out in this Joint Resolution, for submission to
7the states for ratification.
8BE IT FURTHER RESOLVED, That if, within sixty days after the
9legislatures of two-thirds of the states make application for
10such convention, Congress proposes and submits to the states
11for ratification an amendment to the Constitution of the United
12States which empowers Congress and the states to regulate the
13expenditure of funds for political speech by any corporation,
14limited liability company, or other corporate entity, in a
15manner substantially similar to the manner contained in this
16Joint Resolution, then this application for a convention shall
17no longer be of any force and effect.
18BE IT FURTHER RESOLVED, That if the convention is not
19limited to the specific and exclusive purposes of this Joint
20Resolution, this application and request shall be null and
21void, and shall be rescinded and of no effect.
22BE IT FURTHER RESOLVED, That this application constitutes
23a continuing application in accordance with Article V of the
24Constitution of the United States, until at least two-thirds
25of the legislatures of the several states have made application
26for a similar convention under Article V, or the Congress has
27proposed the amendment called for by this Joint Resolution, or
28the general assembly acts to withdraw this application.
29“ARTICLE
30SECTION 1. The sovereign right of the people to govern
31being essential to a free democracy, Congress and the states
32may prohibit or otherwise regulate the expenditure of funds for
33political speech by any corporation, limited liability company,
34or other corporate entity.
35SEC. 2. Nothing contained in this article shall be construed
-1-1to abridge the freedom of the press.”; and
2BE IT FURTHER RESOLVED, That the secretary of state
3shall transmit certified copies of this Joint Resolution
4to the president and secretary of the United States
5senate, the speaker and clerk of the United States house of
6representatives, the presiding officer in each house of the
7legislature in each of the states in the union, and each member
8of the Iowa congressional delegation.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This joint resolution constitutes a petition requesting the
13United States Congress to call a constitutional convention in
14order to propose an amendment to the Constitution of the United
15States and submit it to the states to allow Congress and the
16states to prohibit or regulate the expenditure of funds for
17political speech by any corporation, limited liability company,
18or other corporate entity.
19The resolution functions as an application to the Congress
20of the United States to call a convention for the specific and
21exclusive purpose of proposing such an amendment for submission
22to the states for ratification. Under the resolution, if
23Congress proposes and submits a substantially similar amendment
24to the states for ratification, then the resolution will no
25longer be of any force and effect. Also under the resolution,
26if the convention is not limited to the specific and exclusive
27purposes of the resolution, then the application and request is
28null and void, and is rescinded and of no effect.
29The resolution constitutes a continuing application in
30accordance with Article V of the Constitution of the United
31States until at least two-thirds of the legislatures of states
32have made application for a similar convention, Congress has
33proposed the amendment contained in the resolution, or the
34general assembly resolves to withdraw the application.
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