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Explore our coverage of government and politics.

Leahy Backs Constitutional Amendment To Control Money In Politics

J. Scott Applewhite
/
AP
"The Supreme Court has opened the floodgates to billionaires who are now pouring vast amounts of unfettered and undisclosed dollars into political campaigns across the country," says Sen. Patrick Leahy, pictured here in June.

The U.S. Senate Judiciary Committee has taken the first step to amend the U.S. Constitution to allow Congress to regulate the flow of money in political campaigns. Sen. Patrick Leahy is the chairman of the committee and he strongly supports the proposed amendment.  

It’s not easy to amend the U.S. Constitution in this way. First, a proposed amendment must be approved by a two-thirds vote in both the House and the Senate. Then it must be ratified by three-quarters, or 38 of the 50 states.

On a party line vote of 10 to eight, the Senate Judiciary committee has given its approval to an amendment that seeks to overturn several recent Supreme Court decisions that have eliminated a number of campaign finance laws. All the Democrats voted for it and all the Republicans opposed it.

The amendment would allow Congress and individual states to regulate the raising and spending of money on federal campaigns.

"The Supreme Court has opened the floodgates to billionaires who are now pouring vast amounts of unfettered and undisclosed dollars into political campaigns across the country." - Sen. Patrick Leahy

Leahy says the measure is needed because the court rulings threaten the integrity of this country’s democratic process.

“The Supreme Court has opened the floodgates to billionaires who are now pouring vast amounts of unfettered and undisclosed dollars into political campaigns across the country,” Leahy said during the committee’s hearing on the amendment.

Leahy says he also strongly disagrees with the court’s decision that equates spending on political campaigns with free speech.

“I believe that Congress and the American people must now act to restore the First Amendment,” said Leahy. “And to preserve those protections that ensure that all voices are heard in the democratic process not just those that can pay to be heard.”

Leahy says he’s very reluctant to amend the Constitution but in this case he says it’s warranted.

“But when the voices of hard working Americans continue to be drowned out by a very few who have the money to do that, and when legislative efforts to right this wrong are repeatedly filibustered by Republicans, then more serious action must be taken,” Leahy said.

The Republicans on the committee have a very different point of view. Iowa Senator Charles Grassley is the panel’s ranking minority member.

“This amendment puts all these examples of free speech, and more, in jeopardy upon penalty of imprisonment,” said Grassley. “It would establish a slippery slope that would pose a threat to other rights contained in the Bill of Rights.”

And Utah senator Orin Hatch said the proposed amendment would allow Congress to regulate other forms of free speech.

“If simply suggesting that the government should have the power to enforce political equality is not enough to oppose this amendment, then our liberties are in greater danger than I thought," Hatch said.

The proposed amendment now goes to the full Senate for a vote. Senator Leahy says it’s unlikely it will receive enough votes to be sent to the House but he says it’s critical to begin this process.

Bob Kinzel has been covering the Vermont Statehouse since 1981 — longer than any continuously serving member of the Legislature. With his wealth of institutional knowledge, he answers your questions on our series, "Ask Bob."
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