Federal

A joint resolution proposing an amendment to the Constitution of the United States to clarify the authority of Congress and the States to regulate corporations, limited liability companies, and other corporate entities established by the laws of any State, the United States, or any foreign state.

Source: Congress.gov · 412 words in original text

What This Bill Does

This joint resolution proposes a constitutional amendment that would clarify Congress and state governments can regulate corporations and similar business entities. The amendment would redefine certain constitutional terms to exclude corporations from rights currently available to people. If approved by two-thirds of both the Senate and House, and then ratified by three-fourths of state legislatures, this amendment would become part of the Constitution.

Who It Affects

Corporations, limited liability companies (private companies with limited personal liability for owners), and other corporate entities established under state, federal or foreign law would be directly affected. Congress, state legislatures, and the people they represent would gain clearer authority to regulate these entities.

Key Provisions

* Constitutional rights listed in the Constitution and other rights retained by people belong only to natural persons, meaning human beings (Sec. 1) * The terms "people," "person" and "citizen" in the Constitution would not include corporations, limited liability companies or other corporate entities created under state, federal or foreign law (Sec. 2) * Corporate entities may be regulated as the people decide is reasonable through their representatives in Congress and state legislatures, consistent with congressional and state powers under the Constitution (Sec. 3) * Nothing in this amendment would limit the rights of people that are unalienable, meaning they cannot be taken away (Sec. 4)

What Changes

If ratified, corporations and similar business entities would no longer be considered "persons" or "people" under the Constitution. Congress and state governments would have explicit authority to regulate these entities as their representatives determine is reasonable.

Important Definitions

* Corporate entity: A corporation, limited liability company or other business organization established by the laws of any state, the United States or any foreign state (Sec. 2)

IIA 118TH CONGRESS 1ST SESSION S. J. RES. 3 Proposing an amendment to the Constitution of the United States to clarify the authority of Congress and the States to regulate corporations, limited liability companies, and other corporate entities established by the laws of any State, the United States, or any foreign state. IN THE SENATE OF THE UNITED STATES JANUARY 23 (legislative day, JANUARY 3), 2023 Mr. TESTER introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to clarify the authority of Congress and the States to regulate corporations, limited liability companies, and other corporate entities established by the laws of any State, the United States, or any foreign state. Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled 2 (two-thirds of each House concurring therein), That the fol- 3 lowing article is proposed as an amendment to the Con- 4 stitution of the United States, which shall be valid to all 5 intents and purposes as part of the Constitution when 6 VerDate Sep 11 2014 22:53 Jan 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ3.IS SJ3 kjohnson on DSK79L0C42PROD with BILLS 2 •SJ 3 IS ratified by the legislatures of three-fourths of the several 1 States: 2 ‘‘ARTICLE — 3 ‘‘SECTION 1. The rights enumerated in this Constitu- 4 tion and other rights retained by the people shall be the 5 rights of natural persons. 6 ‘‘SECTION 2. As used in this Constitution, the terms 7 ‘people’, ‘person’, and ‘citizen’ shall not include a corpora- 8 tion, a limited liability company, or any other corporate 9 entity established by the laws of any State, the United 10 States, or any foreign state. 11 ‘‘SECTION 3. A corporate entity described in section 12 2 shall be subject to such regulation as the people, through 13 representatives in Congress and State representatives, 14 may determine reasonable, consistent with the powers of 15 Congress and the States under this Constitution. 16 ‘‘SECTION 4. Nothing in this article shall be con- 17 strued to limit the rights enumerated in this Constitution 18 and other rights retained by the people, which are 19 unalienable.’’. 20 Æ VerDate Sep 11 2014 22:53 Jan 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\SJ3.IS SJ3 kjohnson on DSK79L0C42PROD with BILLS

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