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Democracy for All Amendment
The Democracy for All Amendment is a proposed United States constitutional amendment aimed at altering campaign finance and political speech rules to allow Congress and the states to regulate campaign contributions and expenditures; it has been advocated in response to the Supreme Court's decisions on campaign finance such as Citizens United v. Federal Election Commission, Buckley v. Valeo, and McCutcheon v. Federal Election Commission. Proponents tie the proposal to reform efforts associated with figures and organizations like Elizabeth Warren, Bernie Sanders, Move to Amend, and Public Citizen, while opponents reference analyses by actors including Federalist Society, Heritage Foundation, and litigators from the National Rifle Association and American Civil Liberties Union.
The amendment emerged amid legal and political debates following the Citizens United v. Federal Election Commission decision and the related Speechnow.org v. Federal Election Commission rulings, which together reshaped the legal landscape defined by Buckley v. Valeo and influenced litigation strategies used by parties in cases before the United States Supreme Court and lower United States Court of Appeals for the D.C. Circuit. Its supporters cite historical antecedents such as the Progressive Era campaign finance initiatives, reforms associated with the 17th Amendment, and legislative responses like the McCain–Feingold Act (formally the Bipartisan Campaign Reform Act of 2002). Drafting efforts involved activists and legal scholars with ties to institutions including Harvard Law School, Yale Law School, Stanford Law School, and advocacy groups such as Common Cause, Public Campaign, and People for the American Way.
Proposals for the amendment have varied in wording but commonly assert that Congress and the states may regulate political campaign finance and political speech, reversing certain precedents set by Citizens United v. Federal Election Commission, Buckley v. Valeo, and McConnell v. Federal Election Commission. Draft texts have been circulated by coalitions including Move to Amend, Democracy Initiative, and academics associated with Brennan Center for Justice and Campaign Legal Center, and often include provisions to distinguish between corporate entities like ExxonMobil, Walmart, and Goldman Sachs and individual citizens such as Martin Luther King Jr. references in rhetorical histories. Some drafts propose limits on independent expenditures, grant regulatory authority to Congress and the states, and clarify the status of nonprofit organizations like Americans for Prosperity and Sierra Club under federal taxation rules administered by the Internal Revenue Service.
Supporters encompass a spectrum of elected officials, advocacy groups, and academics: senators and representatives such as Sherrod Brown, Elizabeth Warren, and Bernie Sanders have expressed alignment with amendment principles, while organizations including Move to Amend, Common Cause, Public Citizen, Brennan Center for Justice, and People for the American Way organize campaigns, legal analyses, and ballot initiatives. Grassroots mobilization has occurred through coalitions linked to events and organizations like Occupy Wall Street, Indivisible (organization), and Sunrise Movement, with allied endorsements from figures such as Noam Chomsky in commentary and legal scholars affiliated with Columbia Law School and Georgetown University Law Center producing supporting scholarship.
Opponents include conservative legal groups and libertarian organizations such as the Federalist Society, Heritage Foundation, Cato Institute, and litigation counsel connected to the National Rifle Association; critics warn of conflicts with decisions like First National Bank of Boston v. Bellotti and emphasize free-speech doctrines articulated in cases involving justices from the United States Supreme Court majority in Citizens United v. Federal Election Commission. Corporations and trade associations including U.S. Chamber of Commerce, National Association of Manufacturers, and major donors linked to Koch Industries have funded campaigns opposing the amendment, while constitutional scholars at institutions such as University of Chicago Law School and George Mason University School of Law have published critiques addressing potential tensions with doctrines articulated in Buckley v. Valeo.
Congressional action has included resolutions and hearings in committees of the United States House of Representatives and the United States Senate introduced by members including John Conyers and other cosponsors; legislative referral procedures under Article V and the amendment process outlined in the United States Constitution frame the procedural path, while state legislatures in jurisdictions such as California, Massachusetts, and Vermont have debated complementary ballot measures and statutory reforms. Legal debates have been informed by filings before the United States Supreme Court, amicus briefs from entities like ACLU and Pacific Legal Foundation, and remonstrances tied to precedent from cases such as Buckley v. Valeo and Citizens United v. Federal Election Commission.
Analysts from think tanks including Brennan Center for Justice, Cato Institute, Heritage Foundation, and Brookings Institution project varying outcomes: potential reductions in independent expenditures by entities like Super PACs and corporations such as Microsoft and AT&T; shifts in campaign strategies for politicians like Joe Biden and Donald Trump; and effects on electioneering by groups such as MoveOn.org Political Action and Club for Growth. Legal scholars at Harvard Law School and Yale Law School debate implications for First Amendment jurisprudence, administrative implementation by bodies such as the Federal Election Commission, and interactions with federal statutes including the Internal Revenue Code.
Comparative studies reference reforms in democracies such as Canada, United Kingdom, Germany, France, and Australia, examining statutory regimes that regulate party financing and corporate participation as in the practices of Electoral Commission (United Kingdom), Bundeszentrale für politische Bildung, and electoral statutes enforced by bodies like Elections Canada. International organizations such as Organization for Security and Co-operation in Europe and Transparency International appear in analyses contrasting U.S. proposals with anti-corruption regimes established after events like the Watergate scandal and reforms linked to post-World War II constitutional design in countries influenced by models from New Zealand and Sweden.
Category:Proposed amendments to the United States Constitution