Senate Joint Resolution 38, introduced on April 29, 2025, proposes an advisory referendum for the November 2026 ballot regarding an amendment to the U.S. Constitution aimed at overturning the Supreme Court's decision in Citizens United v. F.E.C. This landmark ruling allowed corporations to be treated as individuals in terms of political speech, enabling them to make unlimited expenditures in political campaigns. The resolution seeks to gauge public support for an amendment that would clarify that only human beings possess constitutional rights, excluding corporations and other entities, and that financial contributions and spending do not equate to free speech.
The resolution calls for the voters of Wisconsin to answer a specific question: whether they support their congressional delegation in advocating for this constitutional amendment. The proposed amendment would assert that only individuals have constitutional rights and that limitations on political contributions and spending do not infringe upon free speech rights. This initiative reflects a growing concern over the influence of money in politics and aims to ensure that all Americans have an equal voice in the democratic process.