Chatham County commissioners adopted a resolution on Nov. 3 urging Congress to support a constitutional amendment that would specify that the rights protected by the U.S. Constitution belong to natural persons and permit federal, state or local regulation of corporate campaign spending.
The resolution, introduced by Commissioner Amanda Robertson and read aloud by staff, cites the U.S. Supreme Court’s 2010 decision in Citizens United and language from national advocates known as the Move to Amend Movement. The document states that ‘‘artificial entities such as corporations, limited liability companies, and other entities established by the laws of any state…shall have no rights under this constitution’’ and that ‘‘money is not speech and can be regulated.’’
Commissioner Amanda Robertson said the resolution reflects concerns she and other members of the board hear from residents about corporate influence on issues ranging from drug pricing to energy policy. ‘‘This impacts not just the price of prescriptions…it impacts the ability of Duke Energy to influence politicians to give them the rights they want,’’ Robertson said during discussion. She encouraged other governing bodies to sign on.
Commissioner Delaney objected to the board taking a position that opposes a Supreme Court ruling without first obtaining legal advice and urged caution about departing from the board’s prior practice of focusing on primarily local matters. Following discussion the board voted to adopt the resolution by voice vote; the chair declared the motion carries. A commissioner later stated on the record that their vote was ‘‘no.’’
The board directed staff to forward the adopted resolution to Chatham County’s U.S. congressional delegation. The resolution itself asks Congress to support a constitutional amendment that would (1) declare corporations are not persons for purposes of constitutional protections and (2) allow regulation and public disclosure of contributions and expenditures intended to influence elections.
The action was procedural: the board adopted a resolution to register its view to state and federal representatives; it does not change local law or county policy. The resolution will be transmitted to the county’s congressional delegation and to national groups advocating for an amendment.
Authorities referenced by commissioners and in the resolution include the U.S. Supreme Court decision Citizens United v. FEC (2010) and national amendment language promoted by Move to Amend. The resolution text was read into the record at the meeting and will be included in the meeting minutes.