December, 04 2017, 10:30am EDT
Top Legal Minds, Elected Officials, Democracy Reform Leaders, And Citizen Leaders Join In An 18-Month-Long Deliberative Project To Write And Vet The 28th Amendment To The U.S. Constitution
Led by American Promise, Writing The 28th Amendment is Part of a 50-State Cross-Partisan Campaign to Win the 28th Amendment to the U.S. Constitution To Combat Systemic Corruption and Secure Political Equality for All Americans.
Cambridge, MA
Nearly eight years after the Supreme Court in Citizens United v. FEC struck down campaign finance laws, a diverse and cross-partisan group of lawmakers, constitutional lawyers, citizens, and reformers have embarked on an ambitious 18-month project to educate and engage Americans about how the 28th Amendment to the U.S. Constitution can effectively end the control of concentrated money in elections and politics in America, and strengthen the ability of all Americans to participate in self-government.
"The 28th Amendment will be the first Constitutional amendment in the digital age, and we want all Americans to have a role in writing it," says Jeff Clements, President of American Promise, "the 28th Amendment is not just about "campaign finance" or "money in politics." It's about our rights as equal citizens."
Participants include former Senator Alan Simpson (R--WY), Senator Tom Udall (D--NM), Congressman Jim McGovern (D--MA), former Ohio State Senator Nina Turner, Delaware Chief Justice Leo Strine, Jr., former Massachusetts Attorney General Martha Coakley, retired Justice Jim Nelson, Harvard Professor Lawrence Lessig, University of Tulsa Professor Tamara Piety, Caroline Fredrickson,, John Pudner, and many others.
But the process will also be opened to all interested Americans online and through a series of regional public forums for civil dialogue, discussion and debate. American Promise is providing an online resource library that will included recordings of the working group deliberations, meetings, white papers, videos, and other information. The project also is on the agenda for the second annual National Citizen Leadership Conference in Washington, D.C. in June 2018.
"By bringing as many people as possible into this conversation about what the 28th Amendment should do and say, Writing the 28th Amendment is empowering all Americans to become citizen leaders in this historic effort." says Nina Turner, President of Our Revolution.
"Our political system has become one fueled by money, where the goal is not good governance, but the maintenance of power at any cost--of the party, by the party and for the party," says Justice James Nelson, former Justice of the Montana Supreme Court. "This rigged system has brought America to the edge of the abyss. Writing the 28th Amendment is the answer of We the People. Our ground roots push-back and plan to restore good government and the constitutional values that actually made America great. Our determination to turn from our leaders' rancor, dysfunction and gridlock to a popular national consensus grounded in civil dialogue, public deliberation and substantive debate."
"The effort to find common ground on a way to achieve a democracy representative of all of us is the most important project in American politics today," says Professor Lawrence Lessig, "Everything depends on its success. And its success depends upon its being pursued as American Promise has done -- with all sides, working together."
19 states and nearly 800 cities and towns have passed 28th Amendment resolutions with cross-partisan support. In Montana and Colorado, voters have approved 28th Amendment ballot initiatives by 75-25%. In November 2016, Washington State became the 18th State to call for the 28th Amendment, with a voter initiative passing by wide margins in every region and every Congressional district of the state.
28th Amendment bills have growing support in Congress, with 42 Senators and more than 150 House members sponsoring 28th Amendment bills. All twenty-seven Amendments to date met were proposed by 2/3 of Congress and ratified in 3/4 of the States, as Article V of the Constitution provides,
With Writing the 28th Amendment, American Promise is leveraging legal expertise and a national cross- partisan network of committed citizen leaders in every state to build consensus support for specific wording of a 28th Amendment that is effective, sound, and "ready for ratification."
"Constitutional amendments are not easy but nearly everyone knows our election system is broken, rigged by corrupt money, and failing badly," said Jeff Clements, the co-founder and president of American Promise. "It wasn't easy for previous generations of Americans who used the Amendment process to win the Bill of Rights, end slavery, require equal voting rights for all Americans regardless of gender or race, and impose term limits for Presidents but they rose to the challenge. This is what Americans do when our rights and country are on the line. "
American Promise mission is to empower, inspire, and organize Americans to win the cause of our time: the 28th Amendment. This historic reform will rebalance our politics and government by putting the rights of individual citizens and the interests of the nation before the privileges of concentrated money, corporations, unions, political parties, and superPACs.
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Trump Pick to Replace Lina Khan Vowed to End 'War on Mergers'
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President-elect Donald Trump's pick to lead the Federal Trade Commission vowed in his job pitch to end current chair Lina Khan's "war on mergers," a signal to an eager corporate America that the incoming administration intends to be far more lax on antitrust enforcement.
Andrew Ferguson was initially nominated by President Joe Biden to serve as a Republican commissioner on the bipartisan FTC, and his elevation to chair of the commission will not require Senate confirmation.
In a one-page document obtained by Punchbowl, Ferguson—who previously worked as chief counsel to Sen. Mitch McConnell (R-Ky.)—pitched himself to Trump's team as the "pro-innovation choice" with "impeccable legal credentials" and "proven loyalty" to the president-elect.
Ferguson's top agenda priority, according to the document, is to "reverse Lina Khan's anti-business agenda" by rolling back "burdensome regulations," stopping her "war on mergers," halting the agency's "attempt to become an AI regulator," and ditching "novel and legally dubious consumer protection cases."
Trump announced Ferguson as the incoming administration's FTC chair as judges in Oregon and Washington state
blocked the proposed merger of Kroger and Albertsons, decisions that one antitrust advocate called a "fantastic culmination of the FTC's work to protect consumers and workers."
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report by the American Economic Liberties Project, the Biden administration "brought to trial four times as many billion-dollar merger challenges as Trump-Pence or Obama-Biden enforcers did," thanks to "strong leaders at the FTC" and the Justice Department's Antitrust Division.
In a letter to Ferguson following Trump's announcement on Tuesday, FTC Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter wrote that the document obtained and published by Punchbowl "raises questions" about his priorities at the agency mainly "because of what is not in it."
"Americans pay more for healthcare than anyone else in the developed world, yet they die younger," they wrote. "Medical bills bankrupt people. In fact, this is the main reason Americans go bankrupt. But the document does not mention the cost of healthcare or prescription medicine."
"If there was one takeaway from the election, it was that groceries are too expensive. So is gas," the commissioners continued. "Yet the document does not mention groceries, gas, or the cost of living. While you have said we're entering the 'most pro-worker administration in history,' the document does not mention labor, either. Americans are losing billions of dollars to fraud. Fraudsters are so brazen that they impersonate sitting FTC commissioners to steal money from retirees. The word 'fraud' does not appear in the document."
"The document does propose allowing more mergers, firing civil servants, and fighting something called 'the trans agenda,'" they added. "Is all of that more important than the cost of healthcare and groceries and gasoline? Or fighting fraud?"
As an FTC commissioner, Ferguson voted against rules banning anti-worker noncompete agreements and making it easier for consumers to cancel subscriptions. Ferguson was also the only FTC member to oppose an expansion of a rule to protect consumers from tech support scams that disproportionately impact older Americans.
"Andrew Ferguson is a corporate shill who opposes banning noncompetes, opposes banning junk fees, and opposes enforcing the Anti-Merger Act," said Basel Musharbash, principal attorney at Antimonopoly Counsel. "Appointing him to chair the FTC is an affront to the antitrust laws and a gift to the oligarchs and monopolies bleeding this country dry."
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Republican U.S. Sen. Tom Cotton of Arkansas on Tuesday again blocked the passage of House-approved bipartisan legislation meant to shield journalists and telecommunications companies from being compelled to disclose sources and other information to federal authorities.
Sen. Ron Wyden (D-Ore.) brought the Protect Reporters from Exploitative State Spying (PRESS) Act—which would prohibit the federal government from forcing journalists and telecom companies to disclose certain information, with exceptions for terroristic or violent threats—for a unanimous consent vote.
Senate Majority Leader Chuck Schumer (D-N.Y.) argued Tuesday that passing the PRESS Act is "more important now than ever before when we've heard some in the previous administration talk about going after the press in one way or another," a reference to Republican President-elect Donald Trump's threats to jail journalists who refuse to reveal the sources of leaks. Trump, who has referred to the press as the "enemy of the people," repeatedly urged Senate Republicans to "kill this bill."
Cotton, who blocked a vote on the legislation in December 2022, again objected to the bill, a move that thwarted its speedy passage. The Republican called the legislation a "threat to national security" and "the biggest giveaway to the liberal press in American history."
The advocacy group Defending Rights and Dissent lamented that "Congress has abdicated their responsibility to take substantive steps to protect the constitutional right to a free press."
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Senate Democrats had all year to move this bipartisan bill and now time is running out. Leader Schumer needs to get the PRESS Act into law—whether by attaching it to a year-end legislative package or bringing it to the floor on its own—even if it means shortening lawmakers' holiday break. Hopefully, today was a preview of more meaningful action to come.
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"We applaud the FTC for securing one of the most significant victories in modern antitrust enforcement," said one advocate.
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Antitrust advocates on Tuesday welcomed a pair of court rulings against the proposed merger of grocery giants Kroger and Albertsons, which was challenged by Federal Trade Commission Chair Lina Khan and multiple state attorneys general.
"The FTC, along with our state partners, scored a major victory for the American people, successfully blocking Kroger's acquisition of Albertsons," said Henry Liu, director of the commission's Bureau of Competition, in a statement. "This historic win protects millions of Americans across the country from higher prices for essential groceries—from milk, to bread, to eggs—ultimately allowing consumers to keep more money in their pockets."
"This victory has a direct, tangible impact on the lives of millions of Americans who shop at Kroger or Albertsons-owned grocery stores for their everyday needs, whether that's a Fry's in Arizona, a Vons in Southern California, or a Jewel-Osco in Illinois," he added. "This is also a victory for thousands of hardworking union employees, protecting their hard-earned paychecks by ensuring Kroger and Albertsons continue to compete for workers through higher wages, better benefits, and improved working conditions."
While Liu was celebrating the preliminary injunction from Oregon-based U.S. District Court Judge Adrienne Nelson, later Tuesday, King County Superior Court Judge Marshall Ferguson released a ruling that blocked the merger in Washington state.
"We're standing up to mega-monopolies to keep prices down," said Washington Attorney General Bob Ferguson. "We went to court to block this illegal merger to protect Washingtonians' struggling with high grocery prices and the workers whose jobs were at stake. This is an important victory for affordability, worker protections, and the rule of law."
Advocacy groups applauding the decisions also pointed to the high cost of groceries and the anticipated impact of Kroger buying Albertsons—a $24.6 billion deal first announced in October 2022.
"American families are the big winner today, thanks to the Federal Trade Commission. The only people who stood to gain from the potential merger between Albertsons and Kroger were their wealthy executives and investors," asserted Liz Zelnick of Accountable.US. "The rest of us are letting out a huge sigh of relief knowing today's victory is good news for competitive prices and consumer access."
Describing the federal decision as "a victory for commonsense antitrust enforcement that puts people ahead of corporations," Food & Water Watch senior food policy analyst Rebecca Wolf also pointed out that "persistently high food prices are hitting Americans hard, and a Kroger-Albertsons mega-merger would have only made it worse."
"Already, a handful of huge corporations' stranglehold on our food system means that consumers are paying too much for too little choice in supermarkets, workers are earning too little, and farmers and ranchers cannot get fair prices for their crops and livestock," she noted. "Today's decision and strengthened FTC merger guidelines help change the calculus."
Like Wolf, Farm Action president and co-founder Angela Huffman similarly highlighted that "while industry consolidation increases prices for consumers and harms workers, grocery mergers also have a devastating impact on farmers and ranchers."
"When grocery stores consolidate, farmers have even fewer options for where to sell their products, and the chances of them receiving a fair price for their goods are diminished further," Huffman explained. "Today's ruling is a win for farmers, workers, and consumers alike."
Some advocates specifically praised Khan—a progressive FTC chair whom President-elect Donald Trumpplans to replace with Andrew Ferguson, a current commissioner who previously worked as chief counsel to Senate Minority Leader Mitch McConnell (R-Ky.) and as Republican counsel on the Senate Judiciary Committee.
"Today's decision is a major win for shoppers and grocery workers. Families have been paying the price of unchecked corporate power in the food and grocery sector, and further consolidation would only worsen this crisis," declared Groundwork Collaborative executive director Lindsay Owens in a statement.
"FTC Chair Lina Khan's approach is the blueprint to deliver lower prices, higher wages, and an economy that works for everyone," Owens argued. "The rebirth of antitrust enforcement has protected consumers against the worst of corporate power in our economy and it would be wise to continue this approach."
Laurel Kilgour, research manager at the American Economic Liberties Project, called the federal ruling "a resounding victory for workers, consumers, independent retailers, and local communities nationwide—and a powerful validation of Chair Khan and the FTC's rigorous enforcement of the law."
"The FTC presented a strong case that Kroger and Albertsons fiercely compete head-to-head on price, quality, and service. The ruling is a capstone on the FTC's work over the past four years and includes favorable citations to the FTC's recent victories against the Tapestry-Capri, IQVIA-Propel, and Illumina-Grail mergers," Kilgour continued.
"The court also cites long-standing Supreme Court law which recognizes that Congress was also concerned with the impacts of mergers on smaller competitors," she added. "We applaud the FTC for securing one of the most significant victories in modern antitrust enforcement and for successfully protecting the public interest from harmful consolidation."
Despite the celebrations, the legal battle isn't necessarily over.
The Associated Pressreported that "the case may now move to the FTC, although Kroger and Albertsons have asked a different federal judge to block the in-house proceedings," and Colorado is also trying to halt the merger in state court.
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