H.J. Res. 111 (112th Congress)
Introduced by Rep. A. Schiff (D-CA)
Legal Personhood: n/a
Money as Speech: D
Nothing in this Constitution shall be construed to forbid Congress or the States from imposing content-neutral limitations on private campaign contributions or independent political campaign expenditures, or from enacting systems of public campaign financing, including those designed to restrict the influence of private wealth by offsetting campaign spending or independent expenditures with increased public funding.
Rep. Schiff’s proposal tackles the problem as a matter of electoral law instead of what it really is—a series of fraudulent interpretations of the First and Fourteenth Amendments. Thus, this proposal leaves Santa Clara intact, and barely touches Buckley and Bank of Boston, potentially leading to a collision with the First Amendment. A pro-corporate activist Court could probably find a way around this language.
Overturning Citizens United has around an 80% approval rating, campaign finance reform as much as 70% and public financing of elections around 60%. Ignoring the case law underpinning Citizens United and proposing an extremely narrow, and less popular, set of fixes is a non-starter.