Citizens United

A Proposed Law That Might Overturn Citizens United

The section is devoted to Citizens United and a plethora of decisions along that same concept. 13 August 2026, updated, work in progress.

Begin with the most important part. I have written a suggestion for a California law that may effectively overturn Citizens United. And multiple other similiar rulings.
The Microsoft Word form is here: citizen_law.docx An HTM format is here: citizen_law.htm They both have the same text, but you can click and look at the HTM version without a download.
Here is the basic concept. The Constitution does not mention corporations or that concept anywhere. Congress has never passed any such law granting corporations personhood, or artificial personhood. The courts have the responsibility of interpreting law and determining if a law is being followed properly. But since no law has ever been passed granting corporations anything close to personhood, or artificial personhood, the no court in these United States has the authority to give them that privilege or authority. It is not a law.

If you write to your representative it may help to have an introduction. Here is a suggested letter to go in the same envelope. The HTM page: The Microsoft Word form is here: law_intro.docx An HTM format is here: law_intro.htm

Please download the Word documents and send to your state senator and assembly member. And maybe carry a copy to their office in person.

Petition

In 2012 and 2016 the California public voted on and passed resolutions recommending that our representatives take action to overturn Citizens. We dropped the ball. Now it is time to pick it up and go for the touchdown.

We need our California state lawmakers, and every state, to take action and implement new laws contradicting Citizens United. The reasons are just above. Here is a petition directed to the Senator of my district. Please click the HTML link to read it and/or the Microsoft Word copy to download and edit. I am not a lawyer or constitutional expert. You will probably need to change the name and address for your state senator or state assembly member.
Please feel free to edit it, change it, make it better, make it yours.
HTML version here: citizen_petition.htm
Microsoft Word format here: citizen_petition.docx

Major Problem

It is safe to assume that the Court, as a whole, will object and insist that Citizens United remain the law of the land. Regardless of who opposes them. This will clearly be a Constitution Crisis. Of the highest and most important level.

This is not a new problem. It is an existing problem. And it is past time to deal with it. Since the Constitution has been ratified there have been no direct challenges to the Court. (see side note below) The Supreme Court has no effective checks and balances. At various times both liberals and conservatives have accused the court of legislating from the bench. How should we proceed?

In this case, there is a relatively simple solution. It will not be acceptable to many, but remains valid. It is the concept mentioned in the above suggested law. The Court cannot create law. It can only enforce existing law. If the Court cannot reference a specific law, then they do not have the right to enforce their opinion.

Its as easy as that. And it will be as ugly as that is easy. And possibly worse. But as earlier stated, we are already there. We are far down the path or oligarchy. We need to recognize our situation, decide what should be done, then do it.

Side Note

There have been two instances of such refusal. President Jackson in 1832 denied an order about Cherokees sovereignty. This event faded away with no tangible results. President Lincoln suspended habeas corpus during the Civil War. This became with moot with the end of the war and no specific resolution.

More Ways To Overturn Citizens United

There seems to be multiple ways to achieve the effect of overturning Citizens United. Before deciding on one specific method, we should consider multiple possibilities. Here are some concepts without the necessary details to implement. But hopefully enough to comtemplate.

Create an amendment

The amendment process is extremely difficult and quite unlikely. Still, some are working this path. The group called Move To Amend is working on such an amendment. Their website is here: Move To Amend There are others taking this path as your searches will return. This process can work, and can fix Citizens United. However, it is a single fix. It leaves other problems unresolved. And it does not provide a method to fix an overriding problem. What can be done when the Supreme Court is wrong? Please do a few searches on phrases such as: when was the supreme court wrong and wrong decisions from the supreme court

Create New Corrective Process

Create a new amendment creating a process to overturn bad SCOTUS decisions. This is much more complicated but far better. Here are a few possible methods. These possibilities are short on details. Please accept this and consider the concepts.

Appellate Courts

There are 13 appellate courts with, per my search, 179 justices. Presume some number of appellate justices decide, maybe, Citizens United is wrong. They write up a precise reason why and submit it all the appellate courts. They might write something such as:

Corporations are not inherent to the Constitution. Corporations are not citizens, not persons, and not artificial persons. They have no inherent rights, only those granted by Specific legislation. Corporations cannot take any action to affect any political election or political appointment. Their rights are limited to those explicitly expressed by the laws that create the concept. Except where explicitly controlled by federal law, corporation are subject to all state and local laws where they conduct any business.

Only individual citizens, acting only for themselves, can take any action to affect elections and political appointments. (Side note: citizens can create corporations or PACS and work together. There must be some limits. This quickly becomes far more than this essay / suggestion can bear.)

If some threshold of the appellate courts agree then the Supreme Court is required to accept their position and change Citizens United. Obviously, there must be some method of enforcement. If a member of the Supreme Court refuses to abide then the appellate courts would have the authority to remove the objecting justices.

Congress

Give Specific Authority to Congress. Under some voting scheme Congress might have the same authority suggested for the appellate courts. This presents the possible problem of flip/flopping each time the majority party in Congress changes. The threshold of passing such must not be unobtainable, yet not available for political whims. This will be difficult.

States

If the legislatures of some number of states pass a resolution about a SCOTUS ruling, then all the states must put it on their ballots for the next general election. If some number of states approve, then the Supreme Court must abide. There must be an enforcement method. Congress has shown they are not capable of this. Give that removal authority to, maybe, the appellate courts. (Yes, short on details, please consider the concepts.)

The People

If some percentage of the population in some number of states petition the state, the state must put it on the ballot for the next statewide election. Not to the state legislature, a vote by the population. If some number of states pass it, then all the states must vote. Finally, if some percentage of the voting public approve, it takes effect. Note, not three-fourths of the states as in the current law for constitutional amendments, some percentage of the people who voted for or against. It needs to be more than half. Maybe sixty-percent.

Pass a Law

Any state can pass a state law that contradicts Citizens United. This is the original suggestion of this web page. If the state and federal courts object to the new law, but cannot point to a specific part of the Constitution or to a specific federal law, then their objection cannot withstand scrutiny and does not take effect.

Bryan Kelly, August 2026
email to politics followed by that shift 2 character then mbkelly dot net

Please put the word citizens in the subject line. I get so many newsletters and now outright spam that it is difficult pick out those of interest.

Thank you.