What This Bill Does
This bill proposes an amendment to the U.S. Constitution. The amendment would change the Constitution so that only natural persons (actual human beings) have constitutional rights, not artificial entities (organizations created under law). The amendment would also allow governments to limit money spent on elections.
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Who It Affects
- Natural persons (individual human beings)
- Corporations
- Limited liability companies (business structures that limit owner liability)
- Other for-profit entities created by law
- Federal, state and local governments
- Citizens participating in elections
- Candidates for public office
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Key Provisions
- Constitutional rights and protections apply only to natural persons, not to artificial entities like corporations or limited liability companies. (Sec. 1)
- Federal, state and local governments can regulate, limit or prohibit contributions and spending in elections, including a candidate's own money, to ensure all citizens have equal access to the political process regardless of their wealth. (Sec. 2)
- Governments must require that all permitted campaign contributions and spending be publicly disclosed. (Sec. 2)
- Courts cannot interpret spending money to influence elections as free speech under the First Amendment. (Sec. 2)
- This amendment does not reduce protections for freedom of the press. (Sec. 3)
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What Changes
If this amendment is ratified by three-fourths of the states, artificial entities would lose all constitutional rights and protections they currently possess. Governments could pass laws controlling campaign money without courts blocking those laws based on free speech protections.
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Important Definitions
- Natural persons: Individual human beings
- Artificial entity: An organization created under law, such as a corporation, limited liability company or other for-profit business
- Ratified: Approved and adopted by three-fourths of state legislatures
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Effective Date
Not specified in bill text
IA
118TH CONGRESS
1ST SESSION
H. J. RES. 48
Proposing an amendment to the Constitution of the United States providing
that the rights extended by the Constitution are the rights of natural
persons only.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 2023
Ms. JAYAPAL (for herself, Mr. KEATING, Ms. SA´NCHEZ, Ms. NORTON, Mr.
TONKO, Mr. KILMER, Mr. PANETTA, Mr. BEYER, and Ms. WILLIAMS of
Georgia) submitted the following joint resolution; which was referred to
the Committee on the Judiciary
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United
States providing that the rights extended by the Con-
stitution are the rights of natural persons only.
Resolved by the Senate and House of Representatives
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of the United States of America in Congress assembled
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(two-thirds of each House concurring therein), That the fol-
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lowing article is proposed as an amendment to the Con-
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stitution of the United States, which shall be valid to all
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intents and purposes as part of the Constitution when
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ratified by the legislatures of three-fourths of the several
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States:
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•HJ 48 IH
‘‘ARTICLE —
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‘‘SECTION 1. The rights and privileges protected by
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the Constitution of the United States are the rights and
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privileges of natural persons only. An artificial entity, such
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as a corporation, limited liability company, or other for
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profit entity, established by the laws of any State, the
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United States, or any foreign State shall have no rights
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under the Constitution and are subject to regulation by
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the People, through Federal, State, or local law. The privi-
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leges of an artificial entity shall be determined by the Peo-
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ple, through Federal, State, or local law, and shall not
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be construed to be inherent or inalienable.
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‘‘SECTION 2. Federal, State, and local government
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shall regulate, limit, or prohibit contributions and expendi-
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tures, including a candidate’s own contributions and ex-
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penditures, to ensure that all citizens, regardless of their
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economic status, have access to the political process, and
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that no person gains, as a result of that person’s money,
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substantially more access or ability to influence in any way
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the election of any candidate for public office or any ballot
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measure. Federal, State, and local governments shall re-
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quire that any permissible contributions and expenditures
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be publicly disclosed. The judiciary shall not construe the
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spending of money to influence elections to be speech
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under the First Amendment.
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•HJ 48 IH
‘‘SECTION 3. This amendment shall not be construed
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to abridge the privilege secured by the Constitution of the
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United States of the freedom of the press.’’.
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