PROS & CONS: BERKELEY MEASURE P NOV. 2014

Measure P: Constitutional Amendment to Eliminate Corporate Personhood

  • Simple Majority Required

The Question: Should the United States Constitution be amended to abolish the legal concept that corporations are persons that are entitled to constitutional rights, and the doctrine that the expenditure of money may be treated as speech?

Note: The question is stated exactly as it is on the ballot. There is no further text.

What Measure P Would Do: According to the City Attorney, “the proposed measure, if adopted, would call for an amendment to United States Constitution to abolish the legal concept that corporations can be considered persons that are entitled to constitutional rights, and the doctrine that the expenditure of money may be treated as speech. This proposed ordinance was placed on the ballot by the City Council.”

Note: The editors assume that this is, in effect, an advisory measure. If Berkeley voters pass Measure P, the City Council would make the voters’ views known to our federal elected officials and the Council might advocate for such a constitutional amendment.

Supporters Say:

  • Spending money is not equivalent to speech. The Supreme Court’s decision in Citizens United v. FEC said that donating unlimited money on campaigns should be considered free speech.
  • Corporate wealth is buying our elections and undermining our power and rights as citizens and voters. Corporations are now intervening with millions of dollars directly and often secretly in elections and in legislation.
  • This ballot measure is an important opportunity to make the opinion of Berkeley voters on this issue clear to our representatives.

No opposing argument was filed.

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