Constitutional Amendment To Ban ‘Dark Money’ Proposed In Congress

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Rep. Adam Schiff (D-Calif.) has introduced a Constitutional amendment to overturn the U.S. Supreme Court’s infamous Citizens United decision, which, as explained in a press release from Schiff’s office, meant that “corporations and special interest groups could spend nearly unlimited funds on election campaigns.” Alongside other provisions, the amendment “would make it clear the Constitution does not restrict the ability of Congress or the states to propose reasonable, content-neutral limitations on private campaign contributions and independent expenditures,” according to Schiff’s office’s explanation. Conservative Supreme Court Justice Anthony Kennedy claimed at the time of the court’s decision that restricting “independent political spending” would infringe upon protections for free speech enshrined in the Constitution, but this framework doesn’t acknowledge the corruption that’s allowed for by lessening restrictions on corporate spending tied to elections.

In a video message regarding the amendment he introduced, Schiff commented as follows:

‘Democracy is under assault, both at home and abroad… As we fight to defeat the voter suppression and subversion campaigns the GOP is waging across the country, we must also do everything we can to protect your voice and make sure it is not drowned out by anonymous corporate spending. That’s why I just introduced a Constitutional amendment to overturn the Citizens United ruling from the Supreme Court. The Supreme Court’s decision in Citizens United v. FEC opened the floodgates for billions of dollars of dark money corporate dollars to pour into our elections. This money has weakened the voices of our people, allowing for dark interests to sway public opinion and for individuals and corporations to buy elections at the local, state, and federal level. This is not how our democracy is meant to work.’

In other news regarding possibly changing federal law to better cover for potential instances of serious corruption, Rep. Liz Cheney (R-Wyo.) — the vice chair of the House committee investigating the Capitol riot — recently explained how panel investigators were examining the question of what legal updates could be recommended to address actions such as those Trump took around the time of the Capitol violence. The committee could also issue specific criminal referrals recommending prosecution of Trump and others for offenses such as obstruction of an official proceeding — the panel recently declared in a court filing that they believed Trump to potentially be guilty of that offense. As Cheney explained it, “I think certainly our first priority is to make recommendations, and we’re looking at things like, do we need additional, enhanced criminal penalties for the kind of supreme dereliction of duty that you saw with President Trump when he refused to tell the mob to go home after he had provoked that attack on the Capitol?” The riot panel is also planning on holding public hearings to essentially lay out their findings for the American people.