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Address THE Problem: Amendment - Revoke Corporate Constitutional Privelege

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luaptifer Donating Member (215 posts) Send PM | Profile | Ignore Thu Dec-23-04 11:02 PM
Original message
Address THE Problem: Amendment - Revoke Corporate Constitutional Privelege
An Amendment to Revoke Corporate Constitutional Privileges
SECTION 1. The U.S. Constitution protects only the rights of living human beings.

SECTION 2. Corporations and other institutions granted the privilege to exist shall be subordinate to any and all laws enacted by citizens and their elected governments.

SECTION 3. Corporations and other for-profit institutions are prohibited from attempting to influence the outcome of elections, legislation or government policy through the use of aggregate resources or by rewarding or repaying employees or directors to exert such influence.

SECTION 4. Congress shall have power to implement this article by appropriate legislation.

More on why we need to overturn corporate constitutional privileges
http://reclaimdemocracy.org/personhood/index.html (a.k.a., corporate personhood)

http://reclaimdemocracy.org/political_reform/proposed_constitutional_amendments.html

two related amendments @ http://reclaimdemocracy.org/political_reform/proposed_constitutional_amendments.html

An Amendment to Reverse Buckley v. Valeo and Dominance of Wealth in Electoral Politics

and hey, what a thought. how'd you like to have the constitutional right to vote?
An Amendment to Create a Constitutional Right to Vote
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luaptifer Donating Member (215 posts) Send PM | Profile | Ignore Thu Dec-23-04 11:10 PM
Response to Original message
1. lots of resources on the issue of 'corporate personhood'
to be found on this page.

http://reclaimdemocracy.org/personhood/index.html

if you're unfamiliar with the issue, it was Thom Hartmann's Unequal Protection that first rounded out the picture of what's involved for me.
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mcscajun Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-23-04 11:15 PM
Response to Original message
2. Do we even need a constitutional amendment to cover this?
Wasn't this the result of some Supreme Court decision some decades back?

Constitutional Amendments are a long, drawn-out crap shoot compared to legislation or judicial decisions.
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luaptifer Donating Member (215 posts) Send PM | Profile | Ignore Thu Dec-23-04 11:24 PM
Response to Reply #2
5. i think the problem is that there's more than 100 years of legal precedent
Edited on Thu Dec-23-04 11:27 PM by luaptifer
established in the interim, based upon that original misinterpretation of a legal case summary. you're right, the SCOTUS decision was 1886.

though not a lawyer, logically i'd think that decisions based upon faulty premises are themselves faulty. seemingly, however, standing law based upon that original mistake still stands. perhaps because it's become precedent in case law, there's not other recourse.

the privelege of 'personhood' granted to corps as the result has proven very deleterious to our democracy from what i've read. as pervasive as their priveleged influence has been since, maybe it's the only way to address the problem in a definitive grand swoop.
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chicagiana Donating Member (993 posts) Send PM | Profile | Ignore Fri Dec-24-04 10:28 AM
Response to Reply #2
18. Yes we do ...

We need an amendment because the current courts (appointed by corporate syncophants) are unlikely to overturn the corporations frankenstein right to citizenship.

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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-25-04 03:08 AM
Response to Reply #2
24. Santa Clara County v. Southern Pacific Railroad

Significant US Court Cases in the Evolution of Corporate Personhood
http://reclaimdemocracy.org/personhood /
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truthpusher Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-23-04 11:16 PM
Response to Original message
3. This is probably the most important issue I can see at the moment...
...by giving corporations the same rights as people, it neutralizes everything. Our rights are meaningless if there is no longer anything to be protected from. It is a sad day when a thing (a corporation) has the same rights as a person.
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Liberty Belle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-23-04 11:22 PM
Response to Original message
4. Have these been introduced in Congress?
If so, what's the status? Who/when/where do we lobby for these?
I'm not that familiar with the process for getting Constitutional Amendments passed. Can you give us a refresher course, please?
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luaptifer Donating Member (215 posts) Send PM | Profile | Ignore Thu Dec-23-04 11:30 PM
Response to Reply #4
6. so far as i know, only drafted for proposal:
Edited on Thu Dec-23-04 11:32 PM by luaptifer
from Thom Harmann's site

http://www.thomhartmann.com/amendments.shtml

Constitutional Amendments
Federal and state-by-state


Here is the proposed modification of the U.S. Constitution's Fourteenth Amendment (adding in the word "natural" before the word "person"):

U.S. Const. Amend. XIV, § 1: All natural persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law that shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any natural person of life, liberty, or property, without due process of law; nor deny to any natural person within its jurisdiction the equal protection of the laws.

Since the Santa Clara ruling in 1886, some states were pressured by corporate interests to modify their constitutions to recognize corporate personhood, or to generalize the definitions of protected "persons." Thus, to clearly define human rights as being exclusively for humans, each state constitution also has to be amendmended. (And that process may well lead to the Federal amendment.) In most cases, the amendment simply involves inserting the word "natural" before the word "person."

Click on the state you live in for the constitutional amendment customized for that state:

Alabama - Alaska - Arizona - Arkansas - California - Colorado - Connecticut - Delaware - District of Columbia - Florida - Georgia - Hawaii - Idaho - Illinois - Indiana - Iowa - Kansas - Kentucky - Louisiana - Maine - Maryland - Massachusetts - Michigan - Minnesota - Mississippi - Missouri - Montana - Nebraska - Nevada - New Hampshire - New Jersey - New Mexico - New York - North Carolina - North Dakota - Ohio - Oklahoma - Oregon - Pennsylvania - Rhode Island - South Carolina - South Dakota - Tennessee - Texas - Utah - Vermont - Virginia - Washington - West Virginia - Wisconsin - Wyoming

Excerpted from Thom Hartmann's book Unequal Protection:

Attorney Daniel Brannen also drafted the following commentary and Constitutional Amendments for this book:

The rhetorical context in which the word “person” appears in the Fourteenth Amendment reflects that it means “natural person.” Section 1 begins: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This sentence clearly defines which subset of natural persons are citizens of the United States. Thus, it is reasonable to assume that later references to “persons” mean natural persons. From this rhetorical context and the even more compelling social context of the 13th, 14th, and 15th Amendments, it is clear that America adopted them to protect the civil liberties of newly freed slaves and all human beings, not of artificial corporations.

The Supreme Court, however, has since ruled that this language in the Constitution means that corporations are persons the same as natural persons.

One way to correct these perversions is to change the language of the federal and state constitutions to refer to “natural persons” in the due process and equal protection sections. The following table contains proposed amendatory language. When a constitutional section contains many provisions in addition to the due process or equal protection clauses, the entry below indicates that it only covers a portion of the section by using the parenthetical indication “(in part).”

The reader should keep in mind that changing the language in the equal protection and due process clauses in state constitutions may only be part of what is required to strip corporations of those protections. There are a number of reasons for this. First, many state constitutions, in addition to due process and equal protection clauses, contain yet separate sections that list the inherent or inalienable rights of “persons.” Second, state constitutions often have separate sections concerning the rights of “persons” or “the accused” in criminal or civil trials or investigations. Third, state constitutions often identify other civil and political rights of “persons.”

Changing the due process and equal protection provisions to read “natural persons” while leaving these other sections intact may lead courts to interpret the unchanged sections to apply to corporations. Finally, many state constitutions have entire articles devoted to corporations, and many of these contain sections to the effect that corporations may sue, and are subject to being sued, in court in like cases as natural persons. Whether any of these articles or sections will have to be amended to strip corporations of due process and equal protection rights depends on the constitutional law of the individual states.

----

in standing unamended:

Because of a mistaken interpretation of a Supreme Court reporter's notes in an 1886 railroad tax case, corporations are now legally considered "persons," equal to humans and entitled to many of the same protections guaranteed only to humans by the Bill of Rights - a clear contradiction of the intent of the Founders of the United States. The results of this "corporate personhood" have been:

Unequal taxes
Unequal privacy
Unequal wealth
Unequal trade
Unequal media
Unequal regulation
Unequal responsibility for crime
Unequal protection from risk
Unequal citizenship and access to the commons
To remedy the legal blunder of corporate personhood, Hartmann offers specific action steps that can be taken by citizens, courts, legislatures, and local communities.

http://www.thomhartmann.com/unequalprotection.shtml
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chicagiana Donating Member (993 posts) Send PM | Profile | Ignore Fri Dec-24-04 10:32 AM
Response to Reply #6
19. Would a "natural person" ...


... would a "natural person" include a test-tube baby and the clones that will inevitably come into being ???

"The Sixth Day" is probably 30-70 years away. Despite human cloning being banned in the US, it is bound to become a trivial process once animal cloning techniques are perfected.

What would be the recourse for a cloned human under such a clause?? Would they be legally destroyed as in the sixth day?? Or would they exist in a state of slavery like an animal or robot???

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Carolab Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-23-04 11:30 PM
Response to Original message
7. While we're at it
Edited on Thu Dec-23-04 11:31 PM by Carolab
revoke the legislation that created the Federal Reserve as a private investment institution and gave it the right to issue currency instead of Congress, as provided by the Constitution.
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luaptifer Donating Member (215 posts) Send PM | Profile | Ignore Thu Dec-23-04 11:36 PM
Response to Reply #7
8. LOL, look at what happens when kerry decides to get into the recount
Edited on Thu Dec-23-04 11:40 PM by luaptifer
issue, ;-).

seriously, your proposal is in the same league, i understand. but this corporate personhood thing and the access/influence priveleged by its exercise has been of nearly as pernicious influence...well, i don't know that i could judge that. it's time to deal with several of these issues :-)


oops, they moved it appropriately to general discussion, sorry! was going to start the post out with the right to vote issue but changed my mind mid-thought and it thus became inappropriate for 2004 election issues.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 02:07 AM
Response to Reply #7
14. The Fed is a corporation itself, IIRC
I may be wrong, but I seem to recall learning a looong time ago that the Fed is itself a corporation. If true, it would be subject to this amendment as well.
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DireStrike Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-23-04 11:45 PM
Response to Original message
9. Isn't there some way to challenge that original decision in court?
If so, what circumstances would be necessary?
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ashmanonar Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 12:18 AM
Response to Reply #9
10. :/
the only way to challenge this decision in court would be to NOT have the potential for a GOP controlled executive, legislative, AND judicial...

ideally, someone could certainly bring this before the SCOTUS, in an appeal...(after lower-level court decisions)...but honestly, does anyone here really think that the SCOTUS would overturn that decision?
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luaptifer Donating Member (215 posts) Send PM | Profile | Ignore Fri Dec-24-04 12:39 AM
Response to Reply #10
11. not this SCOTUS or the one coming down the pipe
and though i suffer from fantasy attacks at times, i wonder how many of our 'influenced' representatives would actually be willing to get behind such an amendment. they are one of the classes of beneficiaries established with the privelege granted corps in that misread.

maybe i'm just too cynical. i see this as one of the biggest problems in our democracy and for the moment can hope that it might change sometime. i'm not sure this crop of representation provides the context for that change soon!
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chicagiana Donating Member (993 posts) Send PM | Profile | Ignore Fri Dec-24-04 10:34 AM
Response to Reply #11
20. Doesn't have to happen on the US level ...

The state legislatures could convene a consitutional convention and bypass the federal congress altogether.

Although, keep in mind that this has NEVER been done.

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Old Mouse Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 01:37 AM
Response to Original message
12. A little late
while I support the complete obliteration of the corporate charter, I think the mechanism to do so would have to involve a cognitive, evolutionary leap for a majority of the public for this to have any reasonable chance for success. And the will of these people are under the sway of the controlled media and the tremendous resources of corporate marketing.

The correct legal steps to implement such changes are mired in a system we now know to be corrupted to serve corporate interests over those of citizens. We must purge the system first.

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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 02:03 AM
Response to Original message
13. Oh, thank you.
Edited on Fri Dec-24-04 02:03 AM by kgfnally
I try to hammer this issue home wherever it applies- surprisingly, a great many corporate abuses could be stopped by revoking their personhood.

Oh, they would obey our laws, all right, if they knew they could simply be dissolved if they don't obey our laws....
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Karenina Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 08:08 AM
Response to Reply #13
15. Kick!
:kick:
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luaptifer Donating Member (215 posts) Send PM | Profile | Ignore Fri Dec-24-04 10:15 AM
Response to Reply #13
16. i think it'd be amazing they didn't run the show! n/t
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chicagiana Donating Member (993 posts) Send PM | Profile | Ignore Fri Dec-24-04 10:39 AM
Response to Reply #13
21. I'm with Nader on this one ...

The problem is that corporations are merely abstractions of law. Abstractions of law do not commit crimes .... PEOPLE do.

A corporation needs to become like a ship at sea. The captain is held accountable for the actions of his ship and crew unless he can show due diligence.

Basically, a CEO should be assumed guilty of the malfeasance of his company unless he can show that he took the steps to dissuade those activities. At that point it goes to the VP and on downward. The fish rots from the head down. If they want to pin it on some grunt, they'll have to prove it wasn't the VP who actually has the power to affect change.

Out of this, you'd probably see smaller corporations. What CEO would want to assume accountability for such a vast array of people that he cannot monitor. Out of smaller companies, you get more self-regulation from the marketplace. The more suppliers and buyers there are, the more the marketplace works like the fairy tale world the business professors and economists live in.

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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 10:17 AM
Response to Original message
17. This is probably *the* issue that FDR tried to stack the courts to change.
Edited on Fri Dec-24-04 10:18 AM by w4rma
The Corporations were too powerful, even back then which was immediately after the Great Depression and during World War II, to get this law changed back to what it used to be.
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luaptifer Donating Member (215 posts) Send PM | Profile | Ignore Sat Dec-25-04 02:24 AM
Response to Original message
22. Green Party Platform apparently: Eliminate Corporate Personhood:
posted by PaineInTheArse Dec 24 2004, 12:56 PM

http://www.commongroundcommonsense.org/index.php?showtopic=11565&view=findpost&p=110924

Excerpt from Platform of the Greens/Green Party USA

Economic Democracy

Eliminate Corporate Personhood: Legislation or constitutional amendment to end the legal fiction of corporate personhood.

See entire platform at http://www.greenparty.org/Platform.html#6

G/GPUSA
PO Box 3568
Eureka, CA 95502
1-866-GREENS2
info@greenparty.org

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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-25-04 03:06 AM
Response to Original message
23. Ending Corporate Governance
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luaptifer Donating Member (215 posts) Send PM | Profile | Ignore Sat Dec-25-04 02:49 PM
Response to Reply #23
26. great link BrklynLiberal, lots of material there!
was glad to see the consumer referenced as imho, the ability to continually recondition us to the new corporate message is part of the problem!

revoke corp personhood and revise corp media allegience so that the american people don't fall third on the list to whom the MSM are beholden. right now, we trail after 1) shareholders and 2) advertizers.

but it's their role in reconditioning our reflex-to-consume to the perpetually changing "NEW IMPROVED MORE BIGGER BETTER FASTER NOW EXTREME COOL" product that left darth cheney able to slip his "saddam did 911" lie down our throats without lubrication or gagging that got us into iraq.

remember, we're the cogs in the american ATM whom bu$h and giuliani were so capably able to rally post-911 with the patriotic cry "BUY BUY BUY!". hamsters on the wheel simply requiring a new stimulus to redirect our consumption-reflexes!
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InvisibleBallots Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-25-04 09:37 AM
Response to Original message
25. Great idea - we also need to remove limited liability
It's the fact that "passive investors" can rake in the profits when a corporation is doing well, but are not responsible for the damage that the corporation causes, that is a lot of the the problem.

Ending "Corporate Personhood" would get rid of a lot of the exemptions that corporations get from case law, but ending limited liability will ensure that the owners of the corporations - the shareholders - will have a financial incentive to make sure the corporation isn't committing illegal acts that would potentially make the liable for damages.

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