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Item A: Resolution 5055 on Corporate Personhood
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Item A: Resolution 5055 on Corporate Personhood
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2/8/2012
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I. <br /> Prior to the Citizens United decision, unlimited independent campaign <br />expenditures could be made by individuals and associations, though such committees operated <br />under federal contribution limits. <br /> <br />J. <br /> Given that the Citizens United decision “rejected the argument that political <br />speech of corporations or other associations should be treated differently” because the First <br />Amendment “generally prohibits the suppression of political speech based on the speaker’s <br />identity,” there is a need to consider other reasons in addition to corruption or the perception of <br />corruption regulating independent expenditures for or against a candidate. <br /> <br />K. <br /> The opinion of the four dissenting justices in Citizens United noted that <br />corporations have special advantages not enjoyed by natural persons, such as limited liability, <br />perpetual life, and favorable treatment of the accumulation and distribution of assets. <br /> <br />L. <br /> Corporations often put profits for shareholders ahead of concerns for the greatest <br />good of society, while individual shareholders as natural persons balance their narrow self- <br />interest and broader public interest when making political decisions. <br /> <br />M. <br /> Oregon Senator Jeff Merkley and Oregon Representatives Peter DeFazio, Earl <br />Blumenauer, and Kurt Schrader are pursuing campaign finance reform legislation with a focus <br />on addressing the Citizens United decision through an amendment to the United States <br />Constitution. <br /> <br />N. <br /> Addressing both the Citizens United decision and corporate personhood is <br />necessary. <br /> <br /> <br />NOW, THEREFORE, <br /> <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a <br />Municipal Corporation of the State of Oregon, as follows: <br /> <br /> <br />Section 1 <br /> . Corporations should not have the constitutional rights that natural persons <br />possess. <br /> <br />Section 2 <br /> . Given its impact on free and fair elections and effective self-governance, the <br />Eugene City Council determines that the most urgent action needed to address the negative <br />impacts of United States Supreme Court Citizens United (2010) decision is to stop unlimited <br />independent campaign expenditures by corporations. <br /> <br />Section 3. <br /> The City of Eugene hereby includes in its 2012 Federal Legislative <br />Agenda support for an Amendment to the United States Constitution which reverses the impacts <br />of Citizens United, including, but not limited to the provisions of the current drafts of S.J. Res. <br />29 introduced by Senator Tom Udall of New Mexico and Senator Jeff Merkley of Oregon and <br />H.J. Res. 72 introduced by Representative Kurt Schrader of Oregon and co-sponsored by <br />Representative Earl Blumenauer and Peter DeFazio of Oregon; and, respectfully urges Oregon’s <br />Congressional delegation to prioritize congressional proposal of an amendment to the United <br />States Constitution addressing the threats to representative government identified in this <br />Resolution so that the states may ratify it. <br /> <br />Resolution - Page 2 of 3 <br /> <br />
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