A proposed constitutional amendment would give Congress and state legislatures greater authority to regulate campaign contributions and political spending, potentially changing the rules governing money in U.S. elections. House Joint Resolution 221, introduced by Representative Hillary Scholten, a Michigan Democrat, on November 2, seeks to give lawmakers constitutional authority to restrict money donated to political candidates and spending on advertisements intended to influence election outcomes. The proposal comes amid longstanding debate over the influence of wealthy donors, corporations and special-interest groups in American politics.
However, changing the Constitution is an exceptionally difficult process, and it remains unclear whether the measure could attract the support needed to become law. Newsweek contacted Scholten via email and the House Judiciary Committee via online form on Tuesday for comment. The proposed amendment would give Congress the power to "prohibit, limit, and otherwise regulate" financial contributions to candidates running for federal office.
It would also allow lawmakers to regulate spending on media advertisements intended to influence the outcome of federal elections, including donations made in non-cash forms. States would receive similar authority over contributions to candidates running for state office and spending on advertisements intended to influence state elections and public votes. The resolution also includes a provision prohibiting non-U.S. citizens, foreign governments and their agents from contributing money or making in-kind donations to candidates, or spending money intended to influence elections or public votes in the United States.
Any restrictions imposed by Congress would have to apply equally and uniformly to individual U.S. citizens and associations of citizens. The same requirement would apply to state-level restrictions. The proposed amendment would also limit the powers it establishes to content-neutral regulation of political contributions and expenditures, while giving Congress authority to enforce its provisions through legislation.
Scholten said the proposal was intended to address the effects of continuous campaigning on the work of lawmakers. In an October 30 statement announcing the legislation, she said: "Nonstop campaign cycles are killing progress in Congress, and the American people are paying the price." She added: "My proposed constitutional amendment would restore Congress's and the states' authority to set reasonable limits on when campaigns can advertise, as well as how much they can spend and fundraise." The resolution's actual text focuses on contributions and spending on political advertisements, rather than explicitly establishing limits on the length of campaign periods. In a video posted to her Facebook page on Monday, Scholten argued that the amount of money spent on elections was taking attention away from lawmakers' responsibilities.
"This year, more than $15 billion was spent on political campaigns and yet we saw one of the least productive sessions of Congress in American History," she said. "Try to wrap your mind around that: billions of dollars spent on just getting elected, while the work of actually serving the people who elected us gets pushed aside." Scholten blamed Supreme Court decisions, including Citizens United, for limiting Congress's ability to regulate campaign spending. "That's why today I'm introducing legislation to amend our Constitution and restore Congress's ability to set reasonable limits on when campaigns can advertise, how much they can spend, and how much they can fundraise," she said.
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