Suggested Constitutional Amendment

The following proposed amendment is contained in Senate Resolution 29, submitted by Senator Tom Udall on November 1, 2011, with eight initial co-sponsors, including Senator Jeff Merkley of Oregon. There are now 22 Senate co-sponsors, including Oregon Senator Ron Wyden. In keeping with the complexity of this issue, the proposed amendment gives wide latitude to establishment of federal and state regulation of campaign donations and campaign spending. The main thrust is to remove campaign contributions from First Amendment freedom-of-speech provisions and protection by putting campaign financing regulation squarely in the hands of federal and state legislatures.

 

112th CONGRESS
1st Session
S. J. RES. 29
JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States relating to contributions and expenditures intended to affect elections.

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 within seven years after the date of its submission by the Congress:

Article ___

Section 1. Congress shall have power to regulate the raising and spending of money and in kind equivalents with respect to Federal elections, including through setting limits on–

(1) the amount of contributions to candidates for nomination for election to, or for election to, Federal office; and
(2) the amount of expenditures that may be made by, in support of, or in opposition to such candidates.

Section 2. A State shall have power to regulate the raising and spending of money and in kind equivalents with respect to State elections, including through setting limits on–

(1) the amount of contributions to candidates for nomination for election to, or for election to, State office; and
(2) the amount of expenditures that may be made by, in support of, or in opposition to such candidates.

Section 3. Congress shall have power to implement and enforce this article by appropriate legislation.