This bill proposes a constitutional amendment to allow Congress and states to regulate campaign finance, distinguishing between individual and corporate spending, while protecting press freedom.
Jeanne Shaheen
Senator
NH
This joint resolution proposes a constitutional amendment to allow Congress and states to regulate campaign finance, setting reasonable limits on contributions and expenditures to promote democracy, political equality, and the integrity of government and elections. It aims to clarify the power to differentiate between natural persons and corporations in campaign finance regulations, potentially restricting corporate spending in elections. The amendment explicitly protects the freedom of the press from any restrictions.
This joint resolution kicks off the process for a potential game-changer: amending the U.S. Constitution to give Congress and individual states the power to regulate money in elections. The core idea is to allow the government to set "reasonable limits" on campaign contributions and spending. The stated goals are ambitious: boosting "democratic self-government and political equality" and protecting the "integrity of government and elections."
So, what could this actually look like? If ratified by three-fourths of the states (a high bar), this amendment would grant new authority. Lawmakers could cap how much individuals, groups, or potentially corporations can spend to influence who gets elected. Crucially, the text explicitly allows for laws that "differentiate between natural persons and corporations." This opens the door to potentially stricter rules, or even outright bans, on corporate money flowing into campaigns, treating individual citizens' contributions differently.
The key phrase here is "reasonable limits." The amendment doesn't define what counts as reasonable, leaving that up to future legislation by Congress and the states. This flexibility could allow tailored approaches, but it also raises questions. Who decides what's 'reasonable'? Could limits be set in ways that inadvertently benefit incumbents or established parties over newcomers? While the aim is to level the playing field and reduce the perception that money buys influence, the practical challenge lies in crafting rules that achieve political equality without unfairly restricting voices or getting tangled in legal challenges over interpretation.
One specific carve-out is included: the amendment states it won't allow Congress or states to "abridge the freedom of the press." This likely aims to protect traditional media outlets' ability to report on and editorialize about elections, distinguishing them from other forms of campaign spending. It's important to remember this is just the proposal stage. Amending the Constitution is a lengthy and difficult process requiring widespread agreement across the states. But this resolution puts the fundamental questions about money's role in politics squarely on the table, suggesting a potential shift in how election funding could be governed.