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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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Hillary Scholten
Hillary Scholten. Photo: U.S. House of Representatives, Public domain

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

Hillary Scholten
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
Hillary Scholten, U.S. Representative, Democrat-Michigan1

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

Hillary Scholten
We the people, through our representatives, have the power to provide a check on the judicial branch.
Hillary Scholten, U.S. Representative, Democrat-Michigan2

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

  1. Sen. Adam Schiff introduces the Citizens Over Corporations Amendment alongside Reps. Joe Neguse, Jim McGovern and Summer Lee (September 2025) 1
  2. Rep. Jamie Raskin and Sen. Sheldon Whitehouse introduce a bill on foreign-influenced corporate spending (July 2026) 1
  3. Rep. Hillary Scholten announces her campaign-money amendment 12
  4. Scholten's office says the bill is to be formally introduced in a pro forma House session 2
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Sources

  1. Newsweek, “New Constitutional Amendment Would Give Congress Power Over Campaign Cash” (2026-11-03). newsweek.com/new-constitutional-amendment-would-give-congres
  2. 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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