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Constitutional Amendment Can Defend Democracy Against Citizens United Debacle

In the face of overwhelming evidence that the basic premise of the Citizens United ruling was wrong, five justices of the United States Supreme Court today said they do not care.  They do not care about the facts.  They do not care that two years of experience under the Citizens United ruling have demonstrated that independent expenditures from corporations and mega-wealthy individuals threaten the integrity of our elections.  They do not care about the devastating impact of their ruling on our democracy.

These five justices had a chance to consider those facts by accepting for review on the merits the case of American Tradition Partnership v. Bullock, which addressed Montana’s century-old law barring corporate money in elections.  Instead, these five justices have taken the extraordinary step of issuing summary reversal of a state supreme court ruling.  This is a radical action by five justices, equal to their radical action two and half years ago in issuing the Citizens United ruling.

It is time to overrule the US Supreme Court.  We the people have the power to do this under Article V of the US Constitution: the constitutional amendment power.  And, we have done this before in our nation’s history.  Seven of our 27 amendments to the Constitution have overturned egregious Supreme Court rulings.  To preserve our Republic, we can and we must do it again.

Since the Citizens United ruling, people across this country have been mobilizing in support of a constitutional amendment to reclaim our democracy.  Four states have gone on record calling for an amendment and others will soon join that list.  Hundreds of resolutions have passed in cities and towns throughout the nation.  Eleven state attorneys general have joined the call.  More than 1000 business leaders are now on board.  More than a dozen amendment bills are now pending in the US Congress.  The US Senate Judiciary Committee is scheduled to hold its first hearing in July on amendment proposals.  And, the President of the United States has said an amendment may be necessary.

The Court’s decision announced today will only further fuel this movement.  Check out this video response to the Court’s ruling at by the Democratic Governor and Republican Lt. Governor of Montana.  Americans across the political spectrum agree that corporations are not people and that the promise of government of, for, and by the people must be defended.  We are at a crossroads in the nation today.  The country is facing one of its gravest tests.  But, as in prior such moments of crisis, we as a people are coming together and we will use our amendment power under the Constitution to protect our republican democracy.

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John Bonifaz

John Bonifaz is co-founder and director of Free Speech For People (, a national nonpartisan campaign working to overturn the Supreme Court’s Citizens United ruling and the corporate rights doctrine.

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