A joint resolution proposing an amendment to the Constitution of the United States relating to the authority of Congress and the States to regulate contributions and expenditures intended to affect elections and to enact public financing systems for political campaigns.
- Sponsor
- Sen. Schiff, Adam B. [D-CA]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 17, 2025
Bottom line
This proposed constitutional amendment seeks to overturn or modify Supreme Court precedents on campaign finance by empowering federal and state governments to regulate political spending and implement public financing, with a specific carve-out for the press.
What it actually does
This joint resolution proposes a constitutional amendment that would explicitly grant Congress and individual States the power to regulate money in elections. It specifically allows for reasonable, viewpoint-neutral limitations on contributions and expenditures, and permits the establishment of public campaign financing systems. Crucially, it also enables legislative bodies to differentiate between natural persons and artificial entities like corporations, potentially prohibiting corporate spending in elections, while explicitly protecting freedom of the press.
Proponents argue
Supporters argue that this amendment is necessary to restore democratic integrity by allowing elected representatives to address the undue influence of large contributions and unlimited spending in elections, which they contend distorts the political process and drowns out the voices of ordinary citizens. They believe it would enable a more equitable and responsive political system by reducing the power of wealthy donors and special interests, fostering greater public trust and participation.
Opponents contend
Opponents contend that this amendment would infringe upon fundamental First Amendment rights, particularly freedom of speech, by allowing the government to restrict political expression through campaign finance regulations. They argue that limiting spending is equivalent to limiting speech and that such measures could disproportionately harm grassroots movements or challengers who rely on independent expenditures to compete with incumbents, potentially leading to increased government control over political discourse.
The bill text is very short and can be read quickly, but its implications are profound and require significant consideration beyond a quick read.
Article --, Section 1
Authority to Regulate Campaign Contributions and Expenditures
This section grants both the U.S. Congress and individual state legislatures the explicit power to create laws that regulate how money is raised and spent by candidates and other groups to influence elections. These regulations must be 'reasonable' and 'viewpoint-neutral,' meaning they cannot favor or disfavor certain political messages.
Supporters argue
Supporters argue this provision is crucial for re-establishing legislative control over campaign finance, allowing for the implementation of regulations that can curb the perceived corrupting influence of money in politics, thereby strengthening democratic processes.
Critics contend
Critics contend that granting such broad regulatory power, even with 'viewpoint-neutral' limitations, could lead to restrictions on political speech and expression, potentially stifling robust public debate and limiting the ability of individuals and groups to advocate for their beliefs.
Tradeoffs
This provision balances the desire for robust political speech with the goal of preventing undue financial influence in elections. The tension lies in defining 'reasonable' limitations without infringing on First Amendment rights.
Article --, Section 2
Authority to Enact Public Campaign Financing Systems
This section specifically authorizes Congress and the States to create systems for public financing of political campaigns. This includes programs designed to reduce the impact of private wealth by providing increased public funds to candidates and others in response to private fundraising or spending.
Article --, Section 3
Implementation and Differentiation Between Entities
This section grants Congress and the States the power to pass laws to implement and enforce the amendment. It explicitly allows them to treat natural persons (individuals) differently from corporations or other artificial entities created by law. This includes the power to prohibit such artificial entities from spending money to influence elections.
Article --, Section 4
Protection of Freedom of the Press
This section explicitly states that nothing in the proposed amendment should be interpreted as granting Congress or the States the power to limit or restrict the freedom of the press. This ensures that any new campaign finance regulations do not inadvertently or intentionally abridge the ability of news organizations to report on and comment on elections.