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Senate Passes Resolution Calling for Overturn of Citizens United Ruling

BOSTON – On Thursday, the Massachusetts Senate passed a resolution calling for the United States Congress to pass a constitutional amendment to overturn the United States Supreme Court’s decision in Citizens United v. Federal Election Commission.  In that decision, the Court ruled that the First Amendment prohibited the government from restricting the political expenditures of corporations. 

“The Citizens United ruling is dangerous to our democracy, said Senator Patricia Jehlen.  “It has enabled a handful of extremely wealthy individuals donating to Super PACs to monopolize the content of political advertisements and blanket the airwaves in support of particular candidates.”

Senator Katherine Clark also applauded the measure. “Our nation is built on the integrity and ingenuity of the individual, and our democracy was formed to reflect that. Voting and first amendment rights belong to people not corporations.

A poll of Massachusetts voters conducted in February by 7 News and Suffolk University revealed that 83 percent of Democrats polled, 73 percent of Republicans and 81 percent of independents oppose the Supreme Court’s decision.

During the 2010 elections, the first since the Supreme Court’s decision, non-candidate spending reached nearly $400 million, nearly 60 percent higher than spending during the 2006 midterm elections, according to the Center for Responsive Politics.

JT

2:18 pm on Saturday, August 4, 2012

This is so typical of these Senators and the majority on Beacon Hil--(and BTW, the poll cited in this article was not the only poll taken on this issue). Winchester Town Meeting had the good sense to understand that this SC ruling was REALLY about Amercian citizens' second amendment rights to FREE SPEECH even though all the smoke and mirrors fuss about it tried to implicate something else--and our Town Meeting members voted accordingly. This ruling was not dangerous to our democracy, it just allowed the PEOPLE who make up corporations & PACS (YES, those groups ARE MADE UP OF PEOPLE) to financially support political candidates the same way that unions, and media & Hollywood PACS do. This is just another example of why we need more BALANCE of legislators at the State House.

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BAV

2:30 pm on Sunday, August 5, 2012

JT - Quick correction. The discussion and vote in Town Meeting was not about the merits of the SCOTUS decision, but rather that it was not an issue appropriate for Town Meeting to spend time debating. As such, I do not think the vote to indefinitely postpone should be taken as support or opposition for the ruling. To divine any other intend would be inappropriate.

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quasimodo

8:37 pm on Sunday, August 5, 2012

JT. Corporations are made up of people, and until proven otherwise, each of these people are ALREADY guaranteed a voice by the FIRST amendment. NOBODY has deprived any of them on the board from expressing and registering their individual opinions in the media or anywhere else for that matter, or in an individual vote. Here are couple of questions for you, beyond the obvious stated above; Can Corporation get married? Can corporation get drafted?

JT

12:07 am on Sunday, August 5, 2012

Making my own correction: should have referred to the FIRST amendment right of free speech in the above post.

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JT

10:41 pm on Monday, August 6, 2012

To quasimodo: You said, "Corporations are made up of people"--you're right--that was my point exactly; so corporations should have a right to speak as a group of people. To BAV: The discussion at TM was not ONLY about whether the issue was appropriate for TM consideration (it wasn't). It was ALSO about the fact that the SC ruling was made in defense of FIRST AMENDMENT RIGHTS to FREEDOM OF SPEECH. Perhaps you missed that part of the discussion.

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BAV

1:14 pm on Tuesday, August 7, 2012

JT: I never said "ONLY", but nice try. Go back and listen to the stream of TM, as I think you missed the key parts, maybe while grabbing a snack or a rest room break. The bill was indefinitely postponed meaning that it was neither voted up nor down. The discussion focused on whether this was appropriate for town meeting given that it was non binding and somewhat partisan. It was decided that it was inappropriate for TM out of fear that every partisan issue would be brought to future TMs. You are welcome to interpret the vote as you please, but I wanted to make sure other readers understood the truth.

quasimodo

9:05 am on Tuesday, August 7, 2012

@JT

...but they are NOT people. Maybe you overlooked the two questions I asked at the end of my comment?

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commonsense

2:52 pm on Thursday, August 9, 2012

Although I don't live in Winchester, this subject was submitted to the Beverly City Council a few weeks ago by a group called "Move to Amend". They attempted to convince council members to agree to support a constitutional amendment to overturn the Supreme Court decision re: Citizens United. It is clearly and undeniably an effort to limit freedom of speech during elections just as McCain Feingold did. The Beverly City Council rejected "Move to Amend" by a vote of 6-3. This was and is just another ruse by left-wing activists to demonize corporations and others from becoming part of the political scene. The people behind this movement are the usual suspects being backed by George Soros & Co.

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Lemmy

10:53 am on Friday, August 10, 2012

Anything to keep the thieves in office. The quoted senator is part of the machine that is wrong too.No othe politicans to ask? The writer of this story must be too.

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quasimodo

6:16 pm on Friday, August 10, 2012

Which of the TWO Senators, Lemmy? But they aretwo and they are both Democrats (better put your glasses on and re-read the article), so according to you, this is what is wrong with the Senate. Of course, if all the Senators were Republicans we would be in Heaven, right.

Did you read (and check like I did) that not only 83 percent of the Democrats polled, but 73 percent of Republicans and 81 percent of independents oppose the Supreme Court’s decision. Now, that's an crushing majority, if I've ever seen one!

Susan Verdicchio

2:16 pm on Friday, August 10, 2012

Many organizations are fostering grassroots efforts across the Commonwealth to call on Congress to start the amendment process and clarify that money is not speech and that people, not corporate entities hiding their owners, are entitled to free speech. Amend 2012, Common Cause, Free Speech for People, League of Women Voters, MassVOTE, Move to Amend, and Public Citizen are among them.

After the bipartisan vote by the state senate, the house of representatives concurred at the very end of the session, to make Massachusetts the 7th state to send a resolution to Congress calling for a Constitutional Amendment. Over 65 local towns and cities in Massachusetts have also approved resolutions. The Common Cause website is a good source of up-to-date information.

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CM

5:31 pm on Sunday, August 12, 2012

What a joke the term "bipartisan" is when it comes to talking about our state legislature! Are you kidding me? This is the most partisan state in the union. There is only one voice that can be heard in this state. Really!

OldTownie

5:47 pm on Friday, August 10, 2012

It amazes me that many of the same groups that think free health care is a 'right' don't mind limiting other group's First Ammendment rights.

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quasimodo

6:22 pm on Friday, August 10, 2012

What free healthcare, old man? At your age, you should have at least understood that nothing in this world is free. I pay for mine, and everyone else pay for theirs. Yes, I know, the indigents and poor people don't and you would rather have them die in the streets that give them a hand.

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OldTownie

6:52 pm on Friday, August 10, 2012

@quasimodo,

My point was really about how some groups proclaim rights where I don't see them (in the U.S. Constitution) and yet don't like the rights that others do have (see Amendments I, II, V, IX, X, etc.).

And by the way, which is it:
a) 'everyone else pay for theirs'
b) 'indigents and poor people don't '

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quasimodo

8:49 pm on Friday, August 10, 2012

OK, OldTownie, you know perfectly what I meant, i.e. "I pay for mine, and everyone else pay for theirs, except for the indigents and some poor people." But you would rather have them die in the street. Of course, health care as a right does not appear in the US Constitution, but that was about 225 years ago! Maybe you haven't noticed, but things have changed for the better for a large part of the world, and in a country that claims to be a paragon of righteousness, an affordable health care should be a right, like it is in EVERY single leading industrial country.

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OldTownie

9:42 pm on Friday, August 10, 2012

@quasimodo,

Maybe you haven't noticed but the Constitution can be changed. It has been done 27 times so far, look at Article V for instructions.
If you think something should be a right then amend the Constitution until then I won't consider it a right.
How it is everywhere else doesn't concern me much. I'm an American and would like to play by the rules of America.

JT

11:23 pm on Friday, August 10, 2012

To quasimodo: Your questions were not overlooked. The bottom line is still that corporations are made up of people--the people in corporations can get married and can get drafted--and there would be no corporations without the people who make them up. Your argument is all semantics. To BAV: The "truth" is that FREEDOM OF SPEECH was ALSO a part of the discussion at TM and ALSO part of the reason this issue was indefintely postponed. I know because I was not only present for the entire discussion, but contributed to it. There is no reason to stifle citizens' first amendment rights (whether or not they are part of a corporation) when every citizen also has the right to research, verify, and make his/her own judgement as to what is fact and what is fiction in whatever they hear.

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BAV

2:13 pm on Sunday, August 12, 2012

Awesome, you were there too. So you remember the discussion. I trust you voted against the proposal for indefinite postponement when it was brought up on the grounds that it was a non-binding and partisan issue and we risked having every similar issue (abortion, gun control, etc) brought before us. As an individual of principle you would have been eager for an opportunity to vote the issue down.

However, the truth is that it was an issue deemed by TM to be inappropriate for consideration and therefore was not voted up or down. Therefore, the assertion by you that "Winchester Town Meeting had the good sense to understand that this SC ruling was REALLY about Amercian citizens' second amendment rights to FREE SPEECH..." is completely untrue. That's all.

quasimodo

5:42 am on Saturday, August 11, 2012

@JT

So, we both agree to the fact that corporations are made of people. HOWEVER, a big however, if the people in these corporation can, as you point out, get married or get drafted, corporations cannot. I have yet to see a corporation have children or getting shot in combat. Do corporations have souls? This is not semantics, these are facts. Corporations have become "people", thanks to the semantics of 5 diluted, activists judges, who have stretched the definition of "people." A huge majority of Americans of either parties (and no parties at all) seem to think so...

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OldTownie

9:08 am on Saturday, August 11, 2012

if corporations aren't entitled to rights under the U.S. Constitution why stop at free speach?

Let's get rid of the free press (Amenment I) for the NYT, Boston Globe etc.

Should the government have full access to property without the need for a warrant (Amendment IV)?

Should we end due process for corporations (Amendment V)?

Where do you draw the line when stripping rights from others?

quasimodo

2:33 pm on Saturday, August 11, 2012

@OldTowny

Just to pick up from your laundry list, the 5th Amendment talks only about "a person." Nowhere do I read "a corporation." But maybe, since I am not a constitutional lawyer, I misread?

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OldTownie

3:11 pm on Saturday, August 11, 2012

Amendment V does not say corporation but we still give corporations 'due process'. Would you like to remove that right from corporations too?

Meredith Conway

2:07 pm on Sunday, August 12, 2012

I think the issue is that the monetary limits on what corporations can contribute (or rather the lack of such limits) is not the same as the monetary limits for contributions by individuals. Also- I think this issue may be addressed and eliminated when the Supreme Court in the near future has to address the campaign contributions by foreign corporations (or perhaps foreign governments) which are also not limited under the Citizens United decision. Unless of course everyone thinks that these entities should also have the same rights to influence our political system on the same basis as VOTING US citizens. (this is from Justice Souter not my own opinion)

And just fyi- in the Tax Code, a "person" refers to a corporation, trust, partnership, individual, etc.- an "individual" means a living breathing person. Maybe that clarification will clear things up.

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JT

2:54 pm on Sunday, August 12, 2012

To quasimodo: My guess is that you didn't think the SC judges were activists when they ruled on "Obamacare"--of course you probably didn't think that was about American people's rights either. The ruling actually got around the constitutionality issue of people's rights by calling the health care "mandate" a "TAX". (Now the law is actually full of taxes many of which have NOTHING to do with health--like the 3.8% tax on selling one's home going into effect very soon--read the bill--but interpreting the mandate itself as a tax is certainly questionable at best.) You seem to be OK with Americans losing their 1st amendment freedom of speech rights; are you also OK with Americans being told by government what to buy, what to eat, whether they can honor their religious beliefs through their actions, and/or other government mandates on individuals' personal freedoms? This is socialist ideology, and it's daily falling apart in many European countries, just as it has in so many other countries before this. Most Americans realize our country's republic is a much better system even though it's not perfect--in fact, so do the thousands of people who immigrate to our country to escape oppressive socialist systems they leave behind them. (If you don't believe that, ask anyone who's moved or escaped from that type of system to live in America.)

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quasimodo

3:34 pm on Monday, August 13, 2012

@JT
You obviously were not a member of your school’s debating club! I believe the topic under discussion was Citizens United v. Federal Election Commission, not the “Obamacare,” the 1st Amendment, immigration, etc.

haddanuff

4:08 pm on Sunday, August 12, 2012

EXACTLY: "...the Constitution can be changed. It has been done 27 times so far, look at Article V for instructions.
If you think something should be a right then amend the Constitution until then I won't consider it a right.
How it is everywhere else doesn't concern me much. I'm an American and would like to play by the rules of America."

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quasimodo

8:36 pm on Monday, August 13, 2012

Who’s "we," OldTownie? The Constitution surely does not say that, but the IRS does.
According to USC › Title 26 › Subtitle F › Chapter 79 › § 7701, the term “United States person” means

(A) a citizen or resident of the United States,
(B) a domestic partnership,
(C) a domestic corporation,
(D) any estate (other than a foreign estate, within the meaning of paragraph (31)), and
(E) any trust if—
(i) a court within the United States is able to exercise primary supervision over the administration of the trust, and
(ii) one or more United States persons have the authority to control all substantial decisions of the trust.

So, if, for a moment, we go along with the IRS’s definition, an individual (a person so named by the IRS to differentiate him or her from the rest) can donate for national elections,

a) $2,500 to each candidate or candidate committee per election
b) $30,800 to national party committee per calendar year

Therefore, any PAC, corporation, union, etc, should also, as “persons,” abide by these limits. The problem with this logic is that the IRS is a branch of the Government, which in turn does the bidding of the corporations.

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OldTownie

10:10 pm on Monday, August 13, 2012

By 'we' I meant the people of the United States. The same people that give power to the government, not vice versa.

There is no limit on what an individual can contribute to an independent-expenditure only committee (Super PAC) so why should the limit be imposed upon a corporation, union, or any other like thinking group?

quasimodo

10:38 am on Tuesday, August 14, 2012

If you would bother to re-read my above comment, you 'd see that I also included PAC to abide by the individual limits set by the IRS. ;~)

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OldTownie

11:38 am on Tuesday, August 14, 2012

I have re-read your post and I'm still confused. You stated that PACs should abide by the same rule which limits contributions to candidates, their committees, and national parties. Super PACs cannot donate to candidates, their committees, or national parties.
Did you intend to propose limits on contributions to PACs by "persons"? If so, that is not how I read your post.

quasimodo

4:57 pm on Tuesday, August 14, 2012

Yes, that's what I was trying to say. The IRS considers that (see my comment above) A) through E) are "persons," and an "individual-person" is only allowed to give $2,500 per election and $30,800 per year to a national committee, so should it be for the PACs and super PACs.

I assume that your calling yourself "OldTownie" would indicate that you have been on this Earth, like myself, for some length of time, and therefore you are wise to the fact that these PAC and SuperPAC, although they do not donate directly to their candidates, do work hand-in-hand with them and their committees.

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