Lessig Blog, v2

Proposed 28th Amendment beta v.9

I hear that Publius submitted this to Dylan Ratigan’s Great 28 Debate: (slight but important edits inspired by fantastic feedback from souls from #occupyDC) : 12/15/11) (for version history, see the protected version of this at the lessig-wiki).

1. For the purpose of securing the independence of the legislative and executive branches, Congress shall: 
   (1) fund federal elections publicly, at no less than the equivalent of the total amount spent in the election cycle when this article is ratified; 
   (2) limit any non-anonymized contributions to candidates for federal office to the equivalent of $100;
   (3) have the power to limit, but not to ban, independent political expenditures within 90 days of an election, including, but not limited to, expenditures in support of, or in opposition to, a candidate for federal office.
2. The First Amendment shall not be construed to limit legislation enacted pursuant to this article, save to assure content and viewpoint neutrality. Neither shall the First Amendment be construed to limit the equivalent power of state or local legislation enacted to regulate elections of state or local officers. Nor shall the First Amendment be construed to vest in any non-natural person any unalienable constitutional rights. 
3. Congress shall by law establish an agency for federal elections which shall enforce the provisions of this article, and whose principal officers shall be non-partisan commissioners who have served at least 10 years as a federal judge. The agency shall have standing to enforce the provisions of this article judicially in the federal courts, and the judicial power shall be construed to extend to actions by the agency against Congress.
4. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Thoughts?

10 December 2011 ·