HomeMy WebLinkAboutReso 2013-162 RESOLUTION NO. 2013-162
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA IN SUPPORT OF A CONSTITUTIONAL
AMENDMENT IN RESPONSE TO THE CITIZENS UNITED
CASE RULING TO GIVE THE GOVERNMENT BROAD
RIGHTS TO REGULATE CORPORATE CAMPAIGN
ACTIVITIES
WHEREAS, free and fair elections are essential to American democracy and effective
self-governance; and
WHEREAS. in Citizens United v. Federal Election Commission, the United States
Supreme Court held that independent spending on elections by corporations and other groups
could not be limited by government regulation, a decision that allows for unlimited corporate
spending in elections; and
WHEREAS, in reaching its decision in Citizens United. the Supreme Court interpreted
the First Amendment of the Constitution to afford corporations the same political free speech
protections as natural persons in the context of campaign expenditures; and
WHEREAS; the Citizens United decision has proven to be a controversial decision that
could severely limit state and local efforts to regulate corporate activity in their campaign
finance laws; and
WHEREAS; in his dissent, Justice John Paul Stevens stated that, "corporations have
no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and
facilitate the activities of human beings, to be sure, and their 'personhood' often serves as a
useful legal fiction. But they are not themselves members of 'We the People' by whom and for
whom our Constitution was established"; and
WHEREAS; members of Congress are seeking to amend the U.S. Constitution in
response to the Citizens United decision to establish that corporations are not entitled to the
entirety of political free speech protections afforded natural persons; and
WHEREAS, several hundred municipalities, including San Diego, New York City, San
Francisco, Chicago; Los Angeles, and Oakland, have successfully passed resolutions supporting
Constitutional amendments to achieve this objective; and
WHEREAS; the City of Chula Vista has a long history of demonstrating support for an
orderly political forum in which individuals may express themselves effectively; to place
realistic and enforceable limits on the amounts of money that may be contributed to political
campaigns in municipal elections; and to prohibit or limit contributions by organizations in order
to develop a broader base of political efficacy within the community.
Resolution No. 2013-162
Page No. 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista join other cities in calling on Congress to begin the process of amending the Constitution
to provide that the ability to make contributions and expenditures to influence the outcome of
public elections belongs only to natural persons and is no longer a form of constitutionally
protected political speech for corporations.
Presented by Approved as to form by
a— 111V Ale AMC,
Patricia Aguilar G len R. i .ogins-,
City Councilmener .t Atto. ey
PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of August 2013 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
(1 ' .
Cheryl Cox,d, ay.r
ATTEST:
Donna R. Norris; tGMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2013-162 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of August 2013.
Executed this 6th day of August 2013.
Donna R. Norris, CMC, City Clerk