And finally that prompt disclosure of campaigns contributions is vital for public trust.
Letter from Senator Patty Kuderer about SJM 8002
Thank you for your email regarding SJM 8002, calling for a constitutional convention to propose an amendment to overturn Citizens United. For starters, the Constitution provides two methods for proposing amendments: constitutional convention and Congress. Both approaches are currently making their way through our Legislature.
Now on to your concern. Please know I have fully vetted the process in SJM 8002. First, every expert you identify will have to confirm that a constitutional convention cannot amend the Constitution. Like its counterpart, a memorial to Congress, it can only propose amendments. Second, even if you assume a convention could go far afield of its original, limited purpose, fully 3/4 of the states would still need to ratify any proposed amendment. There is no way that a complete overhaul of our Constitution, including removing freedom of speech, association or even religion, would ever actually be ratified. And I am including red and blue states in that assessment.
Finally, the argument that a convention could go off kilter is equally applicable to the other memorial, SJM 8001, which directs Congress to overturn Citizens United. What's to prevent Congress from going off kilter and proposing damaging amendments to the Constitution? Given what we've witnessed since President Trump came to office that is not just theoretical but a clear possibility. But again, like its counterpart the constitutional convention, Congress may only propose amendments. Once again, if Congress decides to rewrite the Constitution to eliminate our foundational freedoms, 38 states stand in their way. Simply put, it's just not going to happen.
Calling for a limited constitutional convention puts pressure on Congress to act and to act consistent with what is contained in the Memorial. A memorial to Congress does the exact same thing, which is why I support SJM 8001, too. But if we get bogged down fighting amongst ourselves over the best approach to persuade Congress to do its job and overturn Citizens United, nothing will get accomplished and money will continue to buy elections. But if we understand that both approaches put pressure on Congress to act, we increase the odds of getting the corrupting influence of money out of politics.
I do appreciate your feedback and that you took the time to write to me. Please feel free to reach out with any additional concerns.
Best regards,
Senator Patty Kuderer
Washington State Senate 48th Legislative District
Olympia office: 360-786-7694
Bellevue office: 425-453-3064
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