SENATE JOINT RESOLUTION No. 39
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 18, 1996
By Senators LYNCH, SCHLUTER, MacInnes, Connors, Codey, O'Connor, Sacco, Baer, Lesniak, Bryant, Adler, Kenny, Girgenti, Rice and Casey
A Joint Resolution memorializing Congress to propose an amendment to the United States Constitution which would allow Congress and the states to limit amounts which may be expended by candidates for elective public office.
Whereas, In 1976, the United States Supreme Court held in Buckley v. Valeo, 424 U.S. 1(1976), that provisions of federal law which limited campaign spending by candidates for federal office violated rights protected by the First Amendment; and
Whereas, While the Buckley decision precludes the imposition of expenditure limits (except where public financing is provided), many reputable scholars have argued that this matter was wrongly decided because the court did not consider all of the relevant justifications for campaign spending limits; and
Whereas, It can be argued that spending limits are justified by the State's interest in preventing excessive fund-raising from interfering with the ability of officeholders to perform their official duties and that the extraordinary power of private wealth to affect the outcome of elections violates the principle of one man-one vote; and
Whereas, Campaign finance has changed dramatically in the 20 years since Buckley was decided, with spending on campaigns for public office increasing exponentially; and
Whereas, What has been called the "tyranny of private wealth" is a corrupting, unfair influence on the democratic process which undermines equality in campaigns; and
Whereas, The need of candidates to raise and spend enormous sums has bred cynicism and distrust among the public and created an electoral system which is perversely dominated by special interests; and
Whereas, There exists, therefore, a compelling need for Congress and the President to have the authority to enact laws limiting expenditure by candidates in federal elections; and
Whereas, There similarly exists a compelling need for the states to have the authority to enact laws limiting expenditures by candidates in state and local elections; and
Whereas, In view of the United States Supreme Court's decision in Buckley, it is necessary to amend the United States Constitution to grant this authority to Congress and the President and to the states; and
Whereas, Article V of the United States Constitution provides that Congress may propose amendments to the Constitution which take effect upon ratification by the Legislatures of three-fourths of the States; now, therefore,
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. The Congress of the United States is respectfully memorialized to propose an amendment to the United States Constitution which would grant Congress and the President the authority to enact laws limiting expenditures by candidates in federal elections and which would grant the states the authority to enact laws limiting expenditures by candidates in state and local elections.
2. Copies of this resolution shall be transmitted to the President of the United States Senate, the Speaker of the House of Representatives, the majority and minority leaders of both Houses of Congress, and every member of Congress elected from this State.
3. This joint resolution shall take effect immediately.
STATEMENT
This joint resolution memorializes Congress to propose an amendment to the United States Constitution which would grant Congress and the President the authority to enact laws limiting expenditures by candidates in federal elections and which would grant the states the authority to enact laws limiting expenditures by candidates in state and local elections. A constitutional amendment is necessary because, under the decision of the United States Supreme Court in Buckley v. Valeo, 424 U.S. 1 (1976), laws which limit campaign spending are currently unconstitutional except where public financing of campaigns is provided.
Memorializes Congress to propose constitutional amendment allowing Congress and the states to limit campaign spending.