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Thursday, November 8, 2012

A change in Constitution


 In Scarborough, a non-binding resolution asks for federal amendment declaring ‘corporations are not people.’


SCARBOROUGH — Scarborough may join a growing list of Maine towns calling on a constitutional amendment that would, in effect, overturn a controversial Supreme Court decision related to campaign finance.

In the 2010 case Citizens United v. Federal Elections Commission, in which the conservative advocacy group was banned from showing or advertising its film "Hillary: The Movie" within 30 days of the 2008 Democratic Party primary, the court ruled that First Amendment guarantees to free speech prevent the government from limiting independent political expenditures by corporations. The decision quickly gave rise to a rallying cry among detractors of the decision: “Corporations are not people.”

That is, in effect, what a resolution on the agenda for Wednesday’s Scarborough Town Council meeting asks municipal leaders to declare. If adopted, the resolution will be forwarded to the president, Maine’s Congressional delegation and the Maine Legislature, urging each to seek an amendment to the U.S. Constitution, “to clearly state that corporations are not human beings and do not have the same rights as citizens.”

Sam Kelly, owner of MBI Trailers on Commercial Road, said he and a small group of like-minded local residents “pushed for several months” to get the resolution in front of the council. Chairman Ron Ahlquist did not return a message requesting comment by press time. However, Town Manager Tom Hall acknowledged Monday that Ahlquist was “hesitant” at first, until hearing of similar resolutions adopted by other Maine towns.

“I, too, scratched my head as to why it’s a local issue,” said Hall, “but once I saw the resolution I had a better sense. But it was really after doing some research into what other towns have done this that Ron [Ahlquist] consented to permit it on the agenda.”

The Waldo County town of Monroe was first in that regard, adopting a measure denouncing the Citizens United decisions in 2010, soon after it was announced. Then, in January, Portland got the ball rolling on demanding a constitutional amendment. Since then, it’s been joined by nine other municipalities, including Bangor, Bar Harbor, Fairfield, Freedom, Great Pond, Leeds, Newcastle, Waterville and Winslow. Meanwhile, eight other communities have taken Monroe’s tact, by formally denouncing the ruling without actually calling for a rewrite of the Constitution.

“I think all of these resolutions follow a similar tone and tenor,” said Hall, noting that the Scarborough resolution is cribbed from the one Fairfield adopted.

“There’s no shame in plagiarism,” he joked. “It’s all perfectly legal in this business.”

According to Kelly, the drive to adopt a similar measure in Scarborough began with a Let’s Talk American discussion group he leads on the first Thursday of every month at the Scarborough Public Library, a group that generally involves 20-30 people.

“We just feel the Citizens United decision was lousy,” said Kelly. “I don’t know of a single person that likes or defends it. It’s a terrible, horrible decision. All it does is bring in anonymous money to influence elections.”

“It’s pretty clear that corporate money has crept into the elective process at all levels,” said Hall, citing a prediction of $1 billion in spending this cycle by various political action committees, including the so-called “Super PACs” that arose following the Citizens United decision. That’s up from $300 million in the 2010 midterm elections, according to the Sunlight Foundation.

Kelley said the hope is to turn back the clock on spending by independent groups in U.S. elections.

“We’re just one tiny little cog in a movement that’s going on all across the country to try and get it overturned, because, all of a sudden, you’ve got money coming into political campaigns that you don’t know where it’s coming from, because corporations do not have to say who is behind their funding," he said. "It's completely anonymous. It could be foreign money for all we know.”

A constitutional amendment can be proposed by a two-thirds vote on both houses of Congress or in a Constitutional Convention called by two-thirds of the states. It then has to be ratified by three-fourths of the states, although Congress can set the method, either by state legislatures or special state conventions. Either way, Kelly admits, it’s a long road to changing the law of the land. The goal he says, is to get enough towns backing the measure to build a critical mass sufficient to push politicians to action either on the state or federal level.

So far, nine state legislatures have called for a constitutional convention to reverse the Citizens Untied decision, including California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, New Mexico, Rhode Island and Vermont.

“It’s a long, difficult, tedious process,” said Kelly. “We’re talking years. But you’ve got to start someplace.”


A CLOSER LOOK
The following Maine municipalities have reportedly passed resolutions calling for the passage of an amendment to the U.S. Constitution to overturn the U.S. Supreme Court decision in Citizens United v. FEC Constitutional Remedies or to otherwise declare that “corporations are not people.”

January – Portland
February  – Great Pond, Waterville
March  – Bangor, Freedom
April – Fairfield
May – Bar Harbor, Winslow
June  – Leeds, Newcastle

In addition, the following municipalities, while not specifically calling for a constitutional amendment, have passed resolutions denouncing the Citizens United decision either at the council/selectboard level, or at town meeting: Arrowsic, Bethel, Liberty, Monroe, Mount Desert Island, Shapleigh, Southwest Harbor, Vassalboro.

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