HomeMy WebLinkAboutResolution 2012-008 N.C.S. 01/09/2012Resolution No. 2012-008 N.C.S.
of the City of Petaluma, California
URGING CONGRESS TO PROPOSE A CONSTITUTIONAL AMENDMENT
REGARDING CORPORATE PERSONHOOD TO
LIMIT POLITICAL SPENDING BY CORPORATIONS
WHEREAS, historically corporations were created as artificial entities subordinate to
our democracy, yet the U.S. Supreme Court has granted corporations personhood status, tree
speech and other protections guaranteed to living humans by the Bill of Rights and the 14th
Amendment, and the Petaluma City Council considers it to be its right and duty to assert that
corporations are not natural persons with human rights; and,
WHEREAS, the U.S. Supreme Court's2010 ruling in Citizens United v. Federal
Election Commission further threatens our democracy by rolling back limits on corporate
spending in electoral campaigns, allowing vast amounts of corporate money to drown out the
voices of individual human beings; and,,
WHEREAS, Justice Stevens, writing in dissent in Citizens United, stated: ".. .
corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations
help structure and facilitate the activities of human beings, to be sure, and their "personhood"
often serves as a useful legal fiction. But they are not themselves members of "We the People"
by whom and for whom our Constitution was established'; and.
WHEREAS, a Washington Post -ABC News poll found that 80% of Americans oppose
the Court's January 21, 2010 ruling in Citizens United; and,
WHEREAS, U.S. Senate Judiciary Committee Chair Patrick Leahy stated that the ruling
"will allow major corporations — who should have law written to control their effect on America
— to instead control America": fonner Senator Warren Rudman wrote, "Supreme Court opinion
notwithstanding, corporations are not defined as people under the Constitution, and free speech
can hardly be called free when only the rich are heard" and Senator Chris Dodd pointed out that
"money is not speech." that "corporations are not people" and that "a constitutional amendment
is necessary to fully restore the trust and voice of the American people"; and,
WHEREAS, United States Supreme CoUrl Justice Stevens observed in Nixon v. Shrink
Missouri Government PfIC_(2000) that "money is property, it is not speech," and.
WHEREAS, when freedom to speak is equated with freedom to spend money, millions
of people who have Tess money are disenfranchised, thus denying their full rights to tree speech.
NOW, THEREFORE, BE IT RESOLVED, that it is the position of the City Council of
the Citv of Petaluma that corporations should not receive the same constitutional rights as natural
persons, and that because money is not speech. limits on political spending will promote the
goals of the First Amendment by ensuring that all citizens, regardless of wealth, have an equal
opportunity to have their political opinions heard.
Resolution No. 2012-008 N.C.S. Page 1
BE IT FURTHER RESOLVED that the Petaluma City Council respectfully urges
California's Congressional delegation to prioritize Congressional proposal of an amendment to
the United States Constitution that contains both ofthese principles so that the States may ratify
BE IT FINALLY RESOLVED that the Petaluma City Council directs the City Manager
to send this resolution to the City's California Congressional Delegation and State legislative
delegates, post it on the City of Petaluma-s web site, and send it to all local media outlets.
Under the power and authority conferred upon this Council by the Charter of said City:
.REFERENCE: 1 hereby certity the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluina at a Regular meeting on the 9ih day of January.
2012, by the tbllowing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Albertson, Barrett. Mayor Glass. I-Iealy, Kearney. Vice Mayor Renee
Harris
None
None
CityClerk
as to
Attorney
CA�
Mayor
Resolution No. 2012-008 N.C.S. Page 2