WHEREAS, the Declaration of Independence acknowledges the self-evident truths that all people are created equal and born with certain inalienable rights, including the rights to life, liberty, and the pursuit of happiness; and
WHEREAS, the United States Constitution is intended to protect these inalienable rights of human beings from corruption and usurpation, and to enable effective self-government by a free people; and
WHEREAS, our State and federal constitutions and our system of representative, democratic government are founded on the principle of equal citizenship and reject the allocation of political power based upon wealth, standing, or privilege; and
WHEREAS, even-handed and reasonable limits on the role of money used to influence outcomes of elections are necessary, among other purposes, to: (1) secure the rights of all the citizens of our State to be represented and participate in elections and self-government, regardless of wealth, standing, or privilege and (2) protect the integrity of elections and government against foreign interests and undue influence of concentrated economic capital, whether of corporations, unions, or other entities; and
WHEREAS, rulings by the United States Supreme Court have interpreted the meaning of the First Amendment so as to allow virtually unlimited political contributions and spending by equating money with speech and then extending “free speech” protections to political contributions and spending; and
WHEREAS, rulings by the United States Supreme Court rendered these decisions without due regard for the political equality of every American citizen, the risk of systemic corruption, and the interest in self-governance by the People, free from undue influence of concentrated wealth from inside and outside of each state; and
WHEREAS, as a result of these decisions, federal and state courts have been compelled by this new Supreme Court doctrine to invalidate longstanding state and federal anti-corruption and election spending laws; and
WHEREAS, restricting the ability of the federal, state, and local governments to impose reasoned, appropriate limits on political contributions and spending allows wealthy individuals, corporations, unions, and other artificial entities to spend vast, virtually unrestricted amounts of money to drown out the voices of ordinary citizens, and unduly and disproportionately influence elections, candidate selection, and policy decisions affecting national, state, and local interests; and
WHEREAS, Article V of the United States Constitution empowers and obligates the People and States of the United States of America to use the constitutional amendment process to protect and defend the Constitution and secure our liberties; and
WHEREAS, a bipartisan majority of the 147
th
General Assembly signed and sent to then-serving members of our federal delegation a letter (“Letter”) requesting them to (1) “join your colleagues and pass a constitutional amendment reversing the United States Supreme Court’s 5-4 ruling in Citizens United v. Federal Election Commission (2010)” (“Delegation Support”), and (2) “send to the states for ratification as soon as is practical a constitutional amendment that reverses this decision, and that makes clear the right of our elected representatives and the American people to be steadfast in pursuit of fair elections and democratic sovereignty” (the “Constitutional Amendment”).
WHEREAS, a joint resolution proposing a Constitutional Amendment consistent with the intent of the Letter and this Senate Concurrent Resolution was introduced in the U.S. House of Representatives of the 116
th
Congress on January 3, 2019, as House Joint Resolution 2 (“HJR 2”), and in the U.S. Senate of the 116
th
Congress on July 30, 2019, as Senate Joint Resolution 51 (“SJR 51”); and
WHEREAS, the Honorable Lisa L. Blunt Rochester, who represents our State in the U.S. House of Representatives, is a co-sponsor of HJR 2, and the Honorable Thomas Carper and the Honorable Christopher A. Coons, who represent our State in the U.S. Senate, are co-sponsors of SJR 51, providing the Delegation Support requested in the Letter; and
WHEREAS, neither HJR 2 nor SJR 51 has been sent to the states for ratification.
NOW, THEREFORE:
BE IT RESOLVED by the Senate of the 150th General Assembly of the State of Delaware, the House of Representatives concurring therein, that the General Assembly requests that the United States Congress propose and send to the states for ratification a constitutional amendment to make clear that Congress and the states have the power and authority to regulate and limit the amounts of money collected and spent in elections and for referendums and ballot measures, to protect the integrity of elections and secure the equal right of all American citizens to representation and participation in government, regardless of ownership or access to money.
BE IT FURTHER RESOLVED, that the General Assembly is prepared to ratify the Constitutional Amendment, or an amendment of similar wording and intent when the opportunity is presented.
BE IT FURTHER RESOLVED, that, after passage by the General Assembly, the Secretary of the Senate prepare and send a suitable copy of this Senate Concurrent Resolution to the Speaker of the United State House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the United States Senate, the Minority Leader of the United States Senate, and to each member of our federal delegation.
