Democracy & Rule of Law · Report · File No. 261103-898
Michigan Democrat offers constitutional amendment to let Congress regulate campaign cash
Rep. Hillary Scholten's resolution would restore Congress's and the states' authority over campaign-finance rules after Supreme Court decisions limited it. It has little chance of passing soon, but it comes as this year's campaigns top $15 billion in spending, by her count.
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Rep. Hillary Scholten, a Michigan Democrat, has proposed a constitutional amendment that would give Congress and state legislatures more power to regulate campaign contributions and political spending. 1 Newsweek reported the proposal on Election Day. 1 Changing the Constitution is exceptionally difficult, and it is unclear whether the measure can win the support it needs. 1
What the amendment would do
The text would give Congress the power to "prohibit, limit, and otherwise regulate" contributions to candidates for federal office. 1 It would also bar non-U.S. citizens, foreign governments and their agents from giving money or in-kind gifts to candidates. 1 It would bar them from spending money meant to influence U.S. elections or public votes, too. 1
Any limits would have to apply equally to individual citizens and to groups of citizens. 1 The same would go for state limits. 1 The powers would be limited to content-neutral rules, and Congress could enforce them by passing laws. 1
Scholten's office says the amendment would also let Congress and the states set limits on when campaigns can advertise, as well as on how much they can raise and spend. 2 She blames Supreme Court rulings, especially Citizens United v. FEC, for restricting Congress's power over campaign money. 12 Her office said the bill was to be formally introduced in a pro forma session on Monday, Nov. 2. 2 A pro forma session is a brief meeting where no major business is done.
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What Scholten said
In an Oct. 30 statement, Scholten said: "Nonstop campaign cycles are killing progress in Congress, and the American people are paying the price." 1 In a Facebook video on Monday, she said the money spent on elections was pulling lawmakers away from their jobs. 1
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 also pushed back on the courts. 2 Scholten said the justices "should not get the final say in how our elections are run." 2
We the people, through our representatives, have the power to provide a check on the judicial branch.
A wider Democratic push
Scholten's resolution is one of several Democratic efforts. 1 In September 2025, Sen. Adam Schiff of California introduced the Citizens Over Corporations Amendment alongside Reps. Joe Neguse, Jim McGovern and Summer Lee. 1 It would let governments treat corporations differently from individuals and allow public campaign financing. 1
In July 2026, Rep. Jamie Raskin of Maryland and Sen. Sheldon Whitehouse of Rhode Island introduced a bill on foreign money. 1 It targets political spending by U.S. companies with significant foreign ownership or influence. 1 It drew more than 69 House Democratic cosponsors and 12 Senate cosponsors, according to the lawmakers' announcements. 1
What happens next
The resolution has been sent to the House Judiciary Committee. 1 Under Article V of the Constitution, an amendment needs approval from two-thirds of both the House and the Senate. 1 Then at least 38 of the 50 states must ratify it. 1 Scholten's text sets a seven-year deadline for that step. 1
Only 27 amendments have been ratified, the latest in 1992. 1 Republicans control both chambers of Congress, and Newsweek found no sign yet of the needed support. 1 Newsweek said it contacted Scholten and the Judiciary Committee for comment. 1
That matters because the amendment aims at the court rulings behind today's spending rules, which ordinary legislation cannot change. The odds are long, but the proposal gives voters a clear way to judge where each party stands on money in politics.
The Record
- Sen. Adam Schiff introduces the Citizens Over Corporations Amendment alongside Reps. Joe Neguse, Jim McGovern and Summer Lee (September 2025) 1
- Rep. Jamie Raskin and Sen. Sheldon Whitehouse introduce a bill on foreign-influenced corporate spending (July 2026) 1
- Rep. Hillary Scholten announces her campaign-money amendment 12
- Scholten's office says the bill is to be formally introduced in a pro forma House session 2
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Sources
- Newsweek, “New Constitutional Amendment Would Give Congress Power Over Campaign Cash” (2026-11-03). newsweek.com/new-constitutional-amendment-would-give-congres
- Office of Rep. Hillary Scholten, “Congresswoman Scholten to Introduce Legislation Curbing Year-Round Campaigning” (2026-10-30). scholten.house.gov/media/press-releases/congresswoman-scholt
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