Constitutional Accountability Center Constitutional Accountability Center
Corporate Accountability

Anti-Citizens United Amendment Ballot Measure Gets Favorable Hearing

Washington, DC – In August of last year, the California Supreme Court issued a temporary stay, which removed from the 2014 state ballot a measure known as Proposition 49, which calls for an advisory vote by Californians on a proposed amendment to the United States Constitution to overturn Citizens United v. FEC and give the people the power to regulate money in politics. Ruling by a vote of 5-1, the court ordered full briefing of the case on the merits, with Justice Goodwin Liu writing a lengthy concurring opinion setting out his views about why this measure did not belong on the ballot. A year later, after extensive briefing, the Justices today heard oral argument.    

 

“Today’s oral argument sounded like a sharp turnaround from the temporary ruling that removed Proposition 49 from the ballot a year ago last August,” CAC Civil Rights Director David Gans observed. “Many of the Justices—including Justice Liu—recognized that the state legislature has a special role in the federal amendment process. Under our constitutional system, the legislature has clear authority to seek the input of the people in deciding whether to call for an amendment to our nation’s charter. The people of the state of California should not be denied the opportunity to show their support for overturning rulings, such as Citizens United, that pervert the Constitution and harm our democracy.” 

 

CAC Counsel Tom Donnelly continued, “Americans remain deeply concerned about the corrupting influence of money in politics, Californians included. Proposition 49 simply gives them a say in finding a solution.”

 

#

 

Resources:

 

CAC’s “friend of the court” brief in Howard Jarvis Taxpayers Association v. Padilla: http://theusconstitution.org/cases/howard-jarvis-taxpayers-association-v-padilla-cal-sup-ct 

 

“Money in Politics in California: Let the Voters Have Their Say,” Tom Donnelly, Huffington Post, October 5, 2015: http://www.huffingtonpost.com/tom-donnelly/money-in-politics-in-cali_b_8246232.html 

 

##

 

Constitutional Accountability Center (www.theusconstitution.org) is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history.

 

###

More from Corporate Accountability

Voting Rights and Democracy
U.S. Court of Appeals for the Fifth Circuit

Nairne v. Landry

In Nairne v. Landry, the United States Court of Appeals for the Fifth Circuit is considering whether the Voting Rights Act’s prohibition on vote dilution is a constitutional exercise of Congress’s Fifteenth Amendment enforcement power.
Voting Rights and Democracy
 

United States v. Paxton

In United States v. Paxton, the United States Court of Appeals for the Fifth Circuit is considering whether the Materiality Provision in the Civil Rights Act of 1964, which prohibits states from denying the right...
Voting Rights and Democracy
 

Mi Familia Vota v. Petersen

In Mi Familia Vota v. Petersen, the United States Court of Appeals for the Ninth Circuit is considering whether requiring voters to include their birthplace on voter registration forms violates the Materiality Provision of the...
Rule of Law
 

Iowa v. SEC

In Iowa v. SEC, the United States Court of Appeals for the Eighth Circuit is considering the legality of the Securities and Exchange Commission’s new climate-related disclosure requirements.
Rule of Law
 

Chamber of Commerce v. CFPB

In Chamber of Commerce v. CFPB, the United States Court of Appeals for the Fifth Circuit is considering the legality of the Consumer Financial Protection Bureau’s update to its Examination Manual clarifying that discrimination may...
Rule of Law
 

Lackey v. Stinnie

In Lackey v. Stinnie, the Supreme Court is considering when a civil rights plaintiff is entitled to attorney’s fees as the “prevailing party” in a case.