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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:02 PM
Original message
**The Social Responsibility Amendment to the U.S. Constitution**
There have been many discussions on DU about the evils of corporations, and this magazine of spiritual progressives, TIKKUN, has a proposal. I agree with them that it's worth discussion.

http://www.tikkun.org/community/social_responsibility_amendment


The Social Responsibility Amendment to the U.S. Constitution

A vision of a new bottom line for corporations, that challenges market notions of efficiency: not merely by the profits they reap but by how they have impacted our ecosystems and communities. Just as the ERA never passed, yet had a monumental impact on public discourse and understanding, the campaign for the SRA could similarly shift the dimensions of American political discussion.
--Every corporation doing business within the US (whether located here or abroad) with annual income of over $20 million must receive a new corporate charter every twenty years, and these new charters will only be granted to corporations who canprove a history of social responsibility as measured by an Ethical Impact Report which will measure the company's sensitivity to the needs of the environment, the community, and its employees.

The Ethical Impact Report will be compiled by 3 different constituencies: the corporation itself, the workers (under conditions of confidentiality), and relevant community organizations around the world who wish to present their case about the social responsibility of the corporation. Cases shall be decided by Social Responsibiity Grand Juries selected to be representative of the economic, social, ethnic, racial, and religious diversity of the United States. In cases in which these Grand Juries find insufficient social responsibility, they may assign the assets of the corporation to a community organization or other corporation which can show that it has a better plan for ensuring high levels of social responsibility while continuing to make the corporation survive.If no such group can be found, the Grand Jury can simply suspend the operations of the corporation, or mandate specific changes in corporate behavior and fine and imprison corporate officials and board members who do not implement the plan.

Most American politicians fear to challenge corporate power not only because they need the financial support during elections, but for a deeper and more reasonable reason as well: they fear that corporations can always threaten to move their base of operations, leaving joblessness and economic devastation in their wake.

The various branches of the progressive movement each seek to obtain some minimal restraints on corporate power. But the history of the environmental movement's reformism demonstrates the problem here: for every single victory won at the expenditure of huge amounts of energy, there emerge three or four new areas in which unrestrained consumption and the extension of the market to every corner of the world threaten the life-support system of the planet while simultaneously developing finding new labor markets to pay exploitative wages. And as the ethos of selfishness and materialism generated by the market and glorified by the media as "human nature" increasingly presents itself as "common sense" to the peoples of the world, resistance seems foolish to many who decide that the best they can do is to try to "make it"--even at the expense of so many others around the world who we know will never get their share. While some may take refuge from the selfishness and love corroding aspects of the market by attempting to build ultra-nationalist or religious fundamentalist communities around a different vision, most will passively acquiesce, convinced by the Thomas Friedman rhetoric that "there is no alternative." But there is an alternative: to change the progressive agenda from its previous focus on "inclusion," (making sure that those in the US who had been "left out" of the rewards of the capitalist system would get a fairer portion) to a new focus on "changing the bottom line." In its deepest sense, this strategy, which we call "a politics of meaning," aims to change the very definition of productivity and efficiency, so that we see institutions as efficient or productive not only to the extent that they maximize money and power, but also to the extent that they maximize people's capacities to be loving and caring, ethically and ecologically sensitive, and able to respond to the world not only in terms of how we can "use it" but also with awe and wonder.

That's why we at TIKKUN have developed the Social Responsibility Amendment (SRA) to the US Constitution.

major snippage
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sam sarrha Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:06 PM
Response to Original message
1. yes.!!!!!!! but make it every 5 years..
Edited on Thu May-01-08 03:07 PM by sam sarrha
:kick:
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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:10 PM
Response to Reply #1
3. I encourage you to go to the link, and see how you can spread this discussion.
It could help.

It can't hurt.
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Uncle Joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:10 PM
Response to Original message
2. This looks like a good plan.
Kicked and recommended.

Thanks for the thread, bobbolink.
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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:27 PM
Response to Reply #2
11. Bring it up for discussion when you are able to do so. As with the ERA...
as TIKKUN says, the ERA never passed, but it sparked some good debates.

Thanks, Uncle Joe!

:hi:
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Hydra Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:11 PM
Response to Original message
4. It has possibilities
But it's bad to frame it as "Social Responsibility." They need to frame it is "Minimum Standards" and make the Corps defend their charters every 5 years.

Basic minimum standards:

1. 75% of company resources are spent within the country. This can include labor costs for companies that import raw goods to be processed here.

2. Living Wages offered

3. Environmental impact is dealt with- waste is processed into harmless substances rather than dumped, and any resource gathering such as mining or lumber harvest are appropriately cleaned up.

4. Companies may be confiscated at any time for violations of the law

5. Companies will pay their taxes or be confiscated- No exemptions or reductions due to foreign addresses.
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:21 PM
Response to Reply #4
9. Also..
Edited on Thu May-01-08 03:42 PM by DadOf2LittleAngels
Rather than amend the constitution which should be done very *very* rarely lets just modify the laws..

To incorporate in the US here are the standards you have to meet

1. Excluding raw materials or items that can not be obtained in the US.. 75% of company resources are spent within the country. This can include labor costs for companies that import raw goods to be processed here.

2. Pay rates must be 15% higher than the minimum wage.

3. Top executive pay (including not taxable perks) can not be over 10000% the median wage (or mean take whichever is lower)

4. 70% of the workforce must be located within the united states or its territories.

5. All EPA regulations are followed and any variances are corrected in a reasonable turnaround time, repeated and willful violations will result in the yanking of corperate status and, as it follows, the legal protections that offers.

6. Corporate status can be yanked at any time and the company has 3 years from the date of status removal to reorganize as a private company include reimbursement of all outstanding stock.

7. Companies will pay their taxes or they will have their status yanked and the company has 3 years from the date of status removal to reorganize as a private company include reimbursement of all outstanding stock.

--

Its far better to do this in specific laws than in the constitution istelf because the requirements, measurements, and enforcement of this will have to change quickly with the times not go through the constitutional amendment process..
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:14 PM
Response to Original message
5. There are parts of this
that look very much like the tyranny of the majority..

If we don't like what you're doing were going to make you illegal and take all your stuff.. Why just cooperations? why not privately owned business that make more than 20 million. This is one of those times when the idea and desire behind something is wonderful but the implementation does not seem to be..
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Hydra Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:16 PM
Response to Reply #5
7. We're in tyranny of the minority right now
So what's your point?
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:22 PM
Response to Reply #7
10. My point is not to trade on tyrany for the other
Seems simple enough..
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Hydra Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 04:13 PM
Response to Reply #10
21. You're suggesting we shouldn't bring the minority up short
And depend on their sense fair play?

:spray:

Pardon me while I scoff openly.
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 07:17 PM
Response to Reply #21
24. No Im saying you dont correct current injustices
by imposing new ones, thats called over reacting...

Youll see in my other post I have no problems with *laws* aimed at accomplishing this just not amendments to the constitution.
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Hydra Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 10:16 AM
Response to Reply #24
27. Hmm...
Well, laws are already in place regarding environmental things and such, and they aren't being enforced. Not that the constitution is doing much better, but I think an amendment isn't a bad idea, because in the case that we do decide to start being a rule of law country, the Corps would find it MUCH harder to repeal an amendment than repeal a law.

Frankly, I'm trying to figure out why anything of what has been proposed would be an "overreaction." Would you stand to lose in the event that such grand juries would be given wide powers?

I'm asking this in the attempt to understand where your fear is coming from. I see our system as about as diseased as it can get, and that ANY type of remedy that takes the power from the corps as desirable. Radical, I admit, but I don't shy away from tearing down the established but unworking in favor of the possible but untested.
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 10:25 AM
Response to Reply #27
28. Well they are being enforced
but the remedies are typically small fees to little to matter so like I said lets up the anty..

In terms of does this belong in the constitution, not in any specific form. Look at rights enumerated they are in general very vague (45 words for speech, assembly, press, and worship) and intentionally so that laws can be created to suit the times. If the constitution is to get *this* specific why even bother with a judicial branch.

"Frankly, I'm trying to figure out why anything of what has been proposed would be an "overreaction." Would you stand to lose in the event that such grand juries would be given wide powers?"

Well to your second point I stand to lose nothing I am not wealthy and do not own a business but just because *I* don't stand to lose something does not mean due process should be kicked to the curb for others. As described a good deal of those doing the judging would not be elected or even appointed by elected officials and would have the power to take away the property of others based on what amounts to a strictly moral code.

"I'm asking this in the attempt to understand where your fear is coming from. I see our system as about as diseased as it can get, and that ANY type of remedy that takes the power from the corps as desirable."

If I have a tumor in my arm you can excise the tumor using surgery and precision or take an ax to it guess which is preferable.
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Hydra Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 10:54 AM
Response to Reply #28
30. See, I have some experience in the enforcement of such
And in fact, the laws really aren't being enforced. The small penalties thing certainly occurs, but a vast majority of it simply gets overlooked. The company I work at is effectively exempt from labor laws based on the category it falls in and the lack of oversight being applied.

As you probably noted, I'm not specifically for the social justice idea. I find it too nebulous, and I don't feel that the corps should be giving back to the community in ways that they choose. That leads to Bill Gates donating money to buy computers with his software on it. There should be various requirements built into the constitution like my minimum standards of operation for doing business in the US. The Constitution was not vague so that it could change with the times- The Bill of Rights Amendments were made to be as broad as possible to curtail the power of Government, in response to Hamilton and the Federalist's vision of an Imperial America. In the same way, such an Amendment should be put in place to Curtail the Corps- our default gov't right now.

Due process is broken right now. You can buy your way out of legal trouble, or prevent it from ever being identified as such, so we aren't losing anything, really. If you want due process back in place, you're going to have to scare the people walking all over it back into compliance. I personally favor logical consequences from clear standards. Did your operation break labor laws? Yes or No. Did they falsify their accounting records? Yes or No. Random Jurors can decide these sort of things- they do it every day.

If these tumors really are big enough for me to have to chop off your arm, you have more to worry about than how much of your arm I can save. Besides, these tumors have legs. A little thalidomide, and they'll be packing faster than you can say "Boo!"
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 11:10 AM
Response to Reply #30
31. Some animals should be more equal than others
If your rich screw you you dont deserve due process...

Look I used to work for USACE and I was a ball buster when it came to regs.... But even when I would nail someone the remedies available to me were minor were they fixed I would have enforced them.
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DangerDave921 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:15 PM
Response to Original message
6. Is this satire?
Sounds like George Orwell.

Just a couple thoughts off the top of my head. Let's say a corporation fails whatever this new Grand Jury decides are the guidelines for being allowed to do business, and shuts down the corporation. What do you tell the 1500 men and women who work there? Sorry, we've shut down the company?

And it sounds like the standards of compliance would be so vague that companies would be at the mercy of this new super-jury. How would anyone ever define what "social responsibility" is, and who gets to make that decision? And you want people to go to prison without the benefit of a trial by jury?

Lastly, you think too many corporations go overseas now? Just wait till you pass this and watch the remaining companies move out of the US. No one would do business here if some arbitrary body could simply seize the company's assets and shut it down.



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Hydra Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:18 PM
Response to Reply #6
8. Let them leave
That's been my argument for years.

The companies respond to demand. If they won't do business here, someone else will open a business to make glass, or sell orange juice.

The companies leaving would not be the end of the world.
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DangerDave921 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:32 PM
Response to Reply #8
12. That's a nice thought
But I'd sure think twice about starting any business if I knew some super-jury could step in and seize my assets and shut down my company. Sounds like some Third World dictator, to be perfectly honest. As a Democrat, don't you honor freedom and personal choice? This is really Orwellian.

We have laws to handle insider trading, fraud, criminal acts, bribery, pollution, etc. We have the EPA, OSHA, SEC, EEOC, and others. We need to enforce the existing rules. We do not need a world police seizing private companies because of some ill-defined failure to be socially responsible -- whatever that term if defined to mean.

And we do not need to bastardize the constitution with this.



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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:34 PM
Response to Reply #12
14. "Sounds like some Third World dictator" riiiight.... and the workers in those corporations
feel exactly like that's who they're working for.

One WalMart employee told me she feels like she's in Leavenworth when she's at work. So, we just let that continue, and let WalMart make billions?

THAT'S what dictators do.

There is NOTHING in our laws that give workers equal voice.

NOTHING.
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:41 PM
Response to Reply #14
15. So why trade one hell for another
Edited on Thu May-01-08 03:46 PM by DadOf2LittleAngels
The proposed amendment is to vague in what 'violates' social conscious to be taken seriously and to strict in its remedies to be allowed anywhere near the Constitution!

I like the idea of making corporations renew their licenses should they not meet set laws, hell I'm even for laws cracking down on Executive level compensation but to think that the taking of private property by a group of people who have no strict standard bastardizes due process almost as much as * has!
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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:43 PM
Response to Reply #15
16. The DLC is soooo scared.
"I never gave 'em hell. I gave them the truth, and they thought it was hell."

Harry S. Truman
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:45 PM
Response to Reply #16
17. Im no fan of the DLC
Edited on Thu May-01-08 03:48 PM by DadOf2LittleAngels
I'm a fan of the Constitution, due process, and the rights on which this nation was founded.

I am not a fan of some quasi governmental body running around enforcing vague amorphous (not to mention trivially changed without representation) moral standards and seizing property in the meantime (if *ever* there was a better formula for corruption I have not seen it)
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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:47 PM
Response to Reply #17
18. The DLC defends the corporations, and is scared of ANY action against them.
Your over-the-top anger about this.... well, it makes me wonder what you are defending....

??????????
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:57 PM
Response to Reply #18
19. Dont you get angry when someone shreds the constitution?
Edited on Thu May-01-08 03:59 PM by DadOf2LittleAngels
I believe in innate human rights, among them is private property that can not be taken without due process and representative mechanisms. If you read up thread youll see I have no problmes turning the screws on cooperations.

Now to rip off Peter Griffin you know what else really grinds my gears..


http://image.hotrod.com/f/editorials/you-know-what-grinds-my-gears/1034951+w500+cr1+re0+ar1/what-grinds-my-gears.jpg


Self righteous smug folks who assume if you don't buy what they are selling lock, stock, and barrel you must be some kind of corporate operative. I'm less angry about the idea itself (as bad as chocking the constitution with this is) than I am about the smugness of those who say 'if you disagree you must love the corporate cleptocracy we live in'..

The 'Amendment' they are proposing would take paragraphs to put in the constitution, meanwhile real rights are somewhat more simple.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Free speech, press, assembly and worship took the founders no more than 45 words! Thats how fundamental a rights should be! Anything as complex as what is being proposed should be done via acts of congress under normal law ala the Sherman Anti-Trust act etc..
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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 04:10 PM
Response to Reply #19
20. NO WHERE do I hear from you any concern for the workers, or the poor people being ripped off.
Edited on Thu May-01-08 04:41 PM by bobbolink
All I hear is anger about the property of rich folk.

"Dont you get angry when someone shreds the constitution?"

Nice straw man, but it's just not tilting my guilt buttons.
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 07:16 PM
Response to Reply #20
23. Read everything or just selectively
I said the following as laws were acceptable

To incorporate in the US here are the standards you have to meet

1. Excluding raw materials or items that can not be obtained in the US.. 75% of company resources are spent within the country. This can include labor costs for companies that import raw goods to be processed here.

2. Pay rates must be 15% higher than the minimum wage.

3. Top executive pay (including not taxable perks) can not be over 10000% the median wage (or mean take whichever is lower)

4. 70% of the workforce must be located within the united states or its territories.

5. All EPA regulations are followed and any variances are corrected in a reasonable turnaround time, repeated and willful violations will result in the yanking of corperate status and, as it follows, the legal protections that offers.

6. Corporate status can be yanked at any time and the company has 3 years from the date of status removal to reorganize as a private company include reimbursement of all outstanding stock.

7. Companies will pay their taxes or they will have their status yanked and the company has 3 years from the date of status removal to reorganize as a private company include reimbursement of all outstanding stock.

--

Oh yea the 15% above the min wage and capping executive pay is *really* out of concern for the rich...

Nice try..
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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 12:34 PM
Response to Reply #23
32. Your sneers are just over the top. No wonder Dems are seen as
"elitist".

I said, and it was acurrate, that nowhere was I reading anything from you in terms of concern for the workers.

Your ONLY concern was about millionaires losing property. That was accurate.

What you come back with is NOT expressing that concern for workers and letting us know that you understand the suffering that they are dealing with, but sneering at me.

"read selectively"

"nice try"

It's stuff like this that has alienated working class people, poor folk, and those of us who still hold to traditional Dem values.

I'm done dealing with your anger, and your sneers.

Bye.
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DadOf2LittleAngels Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 02:12 PM
Response to Reply #32
35. What sneer?
At 3:21PM I said the following would be good laws:

2. Pay rates must be 15% higher than the minimum wage.
3. Top executive pay (including not taxable perks) can not be over 10000% the median wage (or mean take whichever is lower)
4. 70% of the workforce must be located within the united states or its territories.

All three of these thing benefit the working class far more than the elites yet at 04:10 PM you said:

"All I hear is anger about the property of rich folk."

I know you are not stupid so I have to lead towards purposeful obtuseness..

--

"It's stuff like this that has alienated working class people, poor folk, and those of us who still hold to traditional Dem values."

Yea being caught acting extremely deceptive in distorting someone else's opinions has the effect of chasing demagogy practicing folks like you away.. What else would you call ignorning whole post Ive put up so you can accuse me on sucking up to our corporate overlords you practiced a painfully obvious selective reading rage and got caught... to bad so sad..

The fact you want to put two sets of laws *into writing* rather than fix the defacto system (which I have acknowledged many times is broken) says something about your concern for core rights..
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DangerDave921 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 06:17 AM
Response to Reply #18
25. perfectly clear
If you actually read what Dadof2 wrote, you would see his concern is with destroying the Constitution on the altar of some vague and ephemeral "standards" to be imposed by some all-powerful body to seize private property without due process. That, and his belief that such complex rules and regulation are the realm of legislattion, not the constitution. I couldn't agree more.

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DangerDave921 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 06:22 AM
Response to Reply #14
26. Your friend
Did your friend say why she feels like she's in prison while at work? Is it because of WalMart specifically or would she feel this way with any job? Is it a specific manager she doesn't like?

If she's that miserable, then maybe she needs to look for another job. No one should put up with feeling like she's in prison.

What does "equal voice" mean? I run a small company and my employees don't have "equal voice" if you mean that their opinions are on a par with mine. As the owner, my voice is the one that makes the final decisions. Of course I try to be a good person, pay good wages, listen to complaints, etc. But it's still not equal.







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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 12:36 PM
Response to Reply #26
33. Thank you for your concern, also. As I said, THIS is why the DEMs can no longer count on
votes from the working class.... those who USED to be a sure thing.

Your not-so-subtle blaming the victim stance is one more clear indication of where this party is losing.
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BigDaddy44 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 02:21 PM
Response to Reply #33
36. Blame the victim?
She's only a victim if she chooses to stay in that hellhole. If its truly that bad, then leave. I refuse to believe anyone is held hostage by the company they work for (excluding the military) unless they choose to be.
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Uncle Joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 05:32 PM
Response to Reply #6
22. I disagree, the current system of Big Brother and Little Brother joined at the hip
Edited on Thu May-01-08 05:33 PM by Uncle Joe
is closer to Orwell's nightmare vision.

Two thirds of the entities deciding the parameters of the Ethical Impact Report are non-governmental. The other third sounds like a mix.

Regarding standards of compliance, I view this as a rough draft, but I wouldn't dismiss the proposal entirely. Suppose the super jury finds the officers in non-compliance or contempt, they could be turned over for trial to a standard court of law.

Regarding corporations going overseas, much of the world is ahead of us on issues of social responsibility, ie; the environment, health care. If we don't change this dynamic, it will make no difference as to what corporations decide to do, because the world will be going to hell in a hand basket. The world is passing us by and I believe this is in large part because of our short sighted vision regarding corporate responsibility.

"The Ethical Impact Report will be compiled by 3 different constituencies: the corporation itself, the workers (under conditions of confidentiality), and relevant community organizations around the world who wish to present their case about the social responsibility of the corporation. Cases shall be decided by Social Responsibility Grand Juries selected to be representative of the economic, social, ethnic, racial, and religious diversity of the United States. In cases in which these Grand Juries find insufficient social responsibility, they may assign the assets of the corporation to a community organization or other corporation which can show that it has a better plan for ensuring high levels of social responsibility while continuing to make the corporation survive.If no such group can be found, the Grand Jury can simply suspend the operations of the corporation, or mandate specific changes in corporate behavior and fine and imprison corporate officials and board members who do not implement the plan."

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caseycoon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-01-08 03:33 PM
Response to Original message
13. K&R I think 20 years is too long, though n/t
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Orwellian_Ghost Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 10:26 AM
Response to Original message
29. K&R n/t
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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-02-08 12:37 PM
Response to Reply #29
34. Thanks, OG! One would think this would be a clear Dem priority.
Obviously, the party ain't what it uster be.

:(
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