There are a number of national groups that are focused on securing a constitutional change that restores the right to set financial limits in election money in the US. So, it should not be surprising that there is more than one bill on this topic. However, there are common elements to all of them that we believe need to be in whatever amendment is passed.
Before we talk about those key common elements, it is important for everyone to understand the basics on how an amendment actually comes into being.
Step 1
Both the US Senate and the US House of Representatives must pass a joint resolution (a special kind of bill) that describes the wording of the amendment and then refers it to the states to have their state legislatures “enact” it. This legislation does not require the signature of the President.
Step2
The 50 state (38 states) legislatures must consider and pass the federal resolution. When 38 states approve it, it is enacted and becomes the next amendment to the US Constitution.
This new US amendment will make null and void any and all past US Supreme Court decisions that violate the language of new amendment. Buckley v Valeo, Citizens United, McConnell v FEC are examples of such decisions that become void. Past state and federal laws that were struck down by those decisions are essentially restored.
Step 3
Many states will likely need to also consider state campaign finance law changes to address today’s election realities.
One final note about US constitutional amendments. They indeed take a lot of effort, but the US has undertaken and approved 27 amendments already. This process is neither new nor impossible.
Essential Common Elements for This US Amendment
1:-Money is not speech, and does not have 1st amendment rights of free speech
2:-The federal government and the states have the right to set reasonable limits on money (donations and expenditures) in our elections
3:-Artificial entities do not have the same rights as natural persons. It is lawful to differently regulate the election messaging and election funding made by or for artificial entities.