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Article XVII

 

This article exists because extreme concentrations of economic power can threaten both economic freedom and democratic self-government. When wealth becomes concentrated enough to influence public institutions, limit opportunity, control markets, or reduce the bargaining power of ordinary people, citizens can lose meaningful control over both their economic lives and their government. 


This article seeks to prevent economic domination by promoting fair competition, broad economic participation, economic self-determination, and protections against involuntary poverty and exploitation. It also protects the right of people to organize collectively through unions, cooperatives, and other voluntary associations, helping ensure that economic opportunity and political power remain widely distributed rather than concentrated in the hands of a few.

  

ARTICLE XVII — ENSURING ECONOMIC JUSTICE AND PREVENTING WEALTH DOMINATION


Section 1 — Democratic Economic Integrity

A constitutional democracy requires that economic power not be permitted to distort, dominate, or override the equal political sovereignty of the People.


The concentration of economic power to a degree that enables control over public institutions, systemic distortion of markets, or material domination of political processes constitutes a structural threat to constitutional governance and individual liberty.


Preventing such domination and preserving broad economic participation are legitimate and necessary objectives of federal and state law.

  

  

Section 2 — Freedom from Economic Domination

Poverty, deprivation, and economic dependency shall not be permitted to function as mechanisms of coercion, exclusion, exploitation, or political subordination within a democratic society.


Every person possesses the right to participate meaningfully in the economic life of the Nation and to pursue economic self-determination consistent with the rights of others.


The United States shall pursue the elimination of involuntary poverty as a constitutional objective essential to human dignity, individual liberty, equal citizenship, and democratic participation.


No person shall be subjected to conditions of material deprivation that substantially impair the meaningful enjoyment of the rights secured by this Constitution, including the essential rights recognized in Article XIV.


Congress and the States shall enact and maintain laws reasonably necessary to secure these principles and to prevent the use of economic deprivation as a means of domination or exclusion.

  

Section 3 — Prevention of Wealth Domination

No individual, family, corporation, trust, financial institution, or other concentration of economic power shall be permitted to acquire, maintain, or exercise economic influence in a manner that materially undermines democratic self-government, political equality, fair economic participation, or the sovereignty of the People.


The concentration of economic power to a degree that enables substantial control over public institutions, political processes, markets, labor, essential resources, or economic opportunity constitutes a structural threat to constitutional governance and individual liberty.


Congress and the States shall enact and maintain laws reasonably necessary to prevent, limit, and remedy concentrations of economic power inconsistent with the principles of this Article.

  

Section 4 — Economic Association and Collective Participation

Every person possesses the right to associate, organize, and act collectively in economic life for the protection of their interests, the advancement of their economic well-being, and the preservation of fair and meaningful participation in the economy.


Nothing in this Constitution shall be construed to prohibit or unreasonably restrict the formation of labor organizations, collective bargaining associations, worker-owned enterprises, cooperatives, mutual aid organizations, or other lawful forms of voluntary economic association.


Broad economic participation, freedom of association, fair competition, and meaningful bargaining power are essential conditions of economic democracy and freedom from domination.


Congress and the States shall enact and maintain laws reasonably necessary to protect these principles.

  

Section 5 — Rule of Construction

The provisions of this Article shall be interpreted to preserve democratic self-government, broad economic participation, economic self-determination, fair competition, and freedom from domination by concentrated economic power.


Nothing in this Article shall be construed to require equality of wealth, income, property, or economic outcomes, provided that the principles of democratic economic participation, fair opportunity, and freedom from economic domination are meaningfully protected.


The rights and principles recognized in this Article shall be liberally construed to secure their full and meaningful enjoyment.


Nothing in this Article shall be construed to require uniformity of means, provided that the purposes and protections recognized herein are effectively secured.


The provisions of this Article shall be interpreted consistently with Articles VII, XIII, XIV, XV, and XVI of this Amendment.

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