Proposed Amendment

Proposed Constitutional Amendment

DRAFT

  1. Congress shall have the power and obligation to protect its own independence, and the independence of the Executive, by assuring, through citizen vouchers or public funding, that the financing of federal elections does not produce any actual or reasonably perceived appearance of dependence, except upon the People.
  2. Nothing in this Constitution shall be construed to restrict the power to limit, though not to ban, campaign expenditures of non-citizens of the United States during the last 60 days before an election.
  3. Courts shall defer to factual judgments about an actual or reasonably perceived appearance of dependence when such judgments are made by independent, non-partisan commissions whose Members pledge not to enter elected office for a period of at least 10 years after service on the commission.

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Notes

  1. This section creates an obligation on Congress to assure that the elections of Congress and the Executive are funded in a way that preserves the independence of Members of Congress and the President. It does not mandate any particular mode of funding, but establishes a political obligation on Congress to support a system that does not create actual or reasonably perceived dependence by Members or the President upon any interest save the People.
  2. This section clarifies and assures that both Congress and the states have the constitutional authority to create limits on expenditures by non-citizens during the 60 days preceding an election. This power does not include the power to ban speech by non-citizens. It is only the power to limit campaign expenditures.
  3. This section creates a safe harbor for judgments made by independent commissions about whether a system for financing elections assures independence or whether a rule for avoiding significant and disproportionate expenditures is justified by concerns about integrity or independence. Courts, both federal and state, are directed to defer to the factual judgments of such commissions if they are (1) independent, (2) non-partisan, and (3) comprised of individuals who pledge not to enter elected politics for a period of at least 10 years. A commission is “independent” if it is adequately funded, and if its Members can be removed only for cause. It is “non-partisan” if no single party has a controlling vote on the commission.