Concerns the application of the NYS legislature petitioning the US Congress to call a national constitutional convention to propose certain amendments

9 Co-sponsors

• Martin Malavé Dilan
• Brad Hoylman-Sigal
• Timothy M. Kennedy
• Kevin S. Parker
• José Peralta
• Bill Perkins
• José M. Serrano
• Daniel L. Squadron
• Toby Ann Stavisky

BILL NUMBER:S6559

Title of bill

An act on the application of the legislature of the state of New York petitioning the Congress of the United States of America to call a national constitutional convention to propose amendments in order to address concerns raised by the decision of the United States Supreme Court in Citizens United v. Federal Election Commission 130 S.Ct. 876

Purpose

To petition Congress to call a constitutional convention to propose amendments in order to address concerns such as those raised by the decision of the United States Supreme Court in Citizens United v. Federal Election Commission (2010) 130 S.Ct. 876 and related cases and events.

Summary of provisions

Section 1 is the legislative finding and intent.

Section 2 declares the need for a convention to address Citizens United v. Federal Election Commission (2010) 130 S.Ct. 876 and related cases and events, establishes guidelines for delegates, and indicates that this application for a convention be considered together with similar applications from other states.

Section 3 petitions Congress to call said convention, pursuant to the provisions of Article V of the United States Constitution.

Section 4 directs the Governor to transmit copies of this act to Federal and State executives and legislative bodies.

Section 5 is the effective date.

Existing law

None

Justification

Article V of the United States Constitution requires the United States Congress to call a convention for proposing amendments upon application of two-thirds of the legislatures of the several states for the purpose of proposing amendments to the United States Constitution.

In Citizens United v. FEC, the Court held that corporations and unions have a First Amendment right to spend unlimited funds on campaign advertisements, provided that these communications are not formally "coordinated" with any candidate. In so holding, it found that the political speech rights of American voters and corporate entities are indistinguishable.

Citizens United's immediate impact was substantial. In one swift stroke, the Court overturned at least twenty years of its own precedent, rendered unconstitutional more than sixty years of federal law restricting corporate electioneering expenditures, and annihilated the statutes of twenty-two states that previously prohibited election spending from corporate general-treasury funds.

When corporations, or other big money spenders, are able to flood the airwaves with their messages, they can effectively drown out the

voices of other citizens, whose democratic right to political speech deserves no less protection than those with financial resources. This undermines the political equality that gives our government legitimacy.

Given the inaction in Congress to address the issues raised by the Citizens United case, New York State should take what action it can to protect the integrity of our electoral process by joining other states in petitioning Congress to hold a convention as authorized under the provisions of Article V of the United States Constitution.

Legislative history

New Bill

Fiscal implications

None

Local fiscal implications

None

Effective date

Immediately