A proposed Amendment to the U.S. Constitution to establish that (1) a corporation is not a person, that (2) money is not equivalent to speech, and (3) to clarify and explicitly protect and extend certain rights of the people under this Constitution.
Section 1 [A corporation is not a person]
Corporations and other artificial entities, which are established and defined by the laws of any state, the United States, or any foreign state, shall not be construed as possessing any of the rights that are explicitly defined in the Constitution of the United States for a person. People are persons, and a person, as used in the Constitution, is defined as a living, breathing human being.
The privileges, constraints, and regulations applied to corporations and other artificial entities shall be determined by the citizens, through laws enacted by Congress or the states.
Section 2 [Money is not speech]
Subject to regulations, limits, and prohibitions established by the Congress and the states that are intended to reduce or prevent corruption, the appearance of corruption, or undue, inappropriate, or disproportionate influence that would tend to violate equal protection of all persons under the law, any Citizen of the United States, and of a particular state, may make expenditures with the intent, or having the effect, of influencing the election of any candidate for public office, or any ballot measure, or any legislation, regulation, enforcement, or judicial deliberation proposed or before any agency of that citizen’s state, or of the government of the United States.
Parties other than citizens shall be prohibited from making such expenditures or efforts.
The source and amount of any expenditures that have such effect or purpose shall be publicly disclosed if the aggregate amount from that source in one year exceeds 100 times the current federal minimum hourly wage, or a lesser amount if so established by Congress or the states.
Expenditures of material wealth, including those that have the effect or purpose of influencing elections or government action, shall not be construed as speech under the First Amendment.
Speech is a message, performance, or perception, created by a person.
Section 3 [The rights of the people, strengthened and protected]
The right of the people: to freely speak, publish and broadcast; to freedom of religious expression including freedom from imposed religion; to peaceably assemble; to petition for redress of grievances; to be secure from persistent surveillance without warrant issued for probable cause, and describing the person or place to be monitored during times other than war that has been declared by the Congress under Article I section 8 of the Constitution; and to keep and bear arms other than weapons of mass destruction; shall not be violated, and shall be upheld by the United States and by the several states.
Subject to reasonable legislation enacted by Congress or the states respecting age or competency, the right of a citizen to vote in public elections and to have that vote counted, shall not be infringed or abridged.
See Part 1 of this 2 part argument.
See Part 2 of this two part argument.
Other essays spotlighting this problem and its consequences.