our threatened democracy role of supreme court regaining sovereignty our threatened democracy ...
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Our Threatened Democracy Role of Supreme Court Regaining Sovereignty
Our Threatened Democracy Role of Supreme Court Regaining Sovereignty
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We the People v. Corporate “Persons”
Presented by (Affiliate & presenter’s name here)
Contact: (email & phone numbers here)
Has depleted our power to regulate corporations
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Excessive Corporate Influence
Electoral process (unlimited contributions)
Legislation, e.g.: Trans Pacific Partnership (TPP) Tax loop-hole for fund managers
Cuts to regulatory agencies Constitutional rights
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Corporate Influence on Elections
Green line = 501(c)(4) = Dark Money Source: Center for Responsive Politics
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Corporate Influence on Legislation
Hip replacement Lipitor
U.S. average:
$40,364U.S. average:
$124
Spain average:
$ 7,631New Zealand:
$ 6
Source: http://www.countysustainability.ca/
Source: http://www.nytimes.com/2013/06/02/health/
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Regulatory Agency Cuts
1980 – 2005: Inspections down from 1.77 to 0.668 per 100,000 worker.1981 – 2011: Workplaces double; inspectors per workplace cut in half.
Source: http://www.foreffectivegov.org.
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Supreme Court: Overview States must treat corporation as “persons”
(14th) Corporation must maximize shareholder
wealth Protected from search (4th) Protected from “takings” (5th) Granted free speech; money = speech
(1st)
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14th Amendment prior to 1886
“The clause which forbids a State to deny to any person the equal protection of the laws was clearly intended to prevent the hostile discrimination against the negro race… a strong case would be necessary for its application to any other.”
(Source: The Slaughterhouse Cases (1873). Justice Miller. at:
www.law.cornell.edu/supremecourt/text/83/36)
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Santa Clara Headnote:“The Court does not wish to hear argument on the question of whether the 14th Amendment to the Constitution…applies to corporations. We are all of the opinion that it does.”
Pembrina:
“Under the designation of person (in the 14th Amendment) there is no doubt that a private corporation is included.”
14th Amendment: 1886 & 1888
Source: Pembrina Consolidated Silver Mining and Milling Company v. Pennsylvania. Justice Field. At: http://grammar.ucsd.edu
Source: Santa Clara County v. Southern Pacific Railroad. At: http://caselaw.lp.findlaw.com
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4th Amendment (Search) 1906
Justice Harlan, dissenting
“In my opinion, a corporation - an artificial being -, invisible, intangible, and existing only in contemplation of law cannot claim the immunity given by the 4th Amendment; for it is not a part of the 'people,' within the meaning of that Amendment.
Justice Brown: “…we do not wish to be understood as holding that a corporation is not entitled to immunity, under the 4th Amendment, against unreasonable searches and seizures.”
Source: Hale v. Henkel. http://caselaw.lp.findlaw.com/
Dodge v. Ford 1919: The goal of a corporation is shareholder wealth maximization1
1Supreme Court Decision 1919, Dodge vs Ford. Source: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=2345&context=fss_papers
Other Contributors:•Health; •Clean air and water; •Ethical behavior;•Recreational opportunities•Welfare of future generations
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Wealth maximization is only one contributor to the General Welfare
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5th Amendment. Takings: 1922 vs. 1991
“The grand plan was to make government pay compensation as for a taking of property every time its regulations impinged too severely on a property right—If the government labored under so severe an obligation, there would be, to say the least, much less regulation.” Charles Fried, 1991. Source: Order and Law in Echeverria & Hansen-Young, ”The Track Record on Takings Legislation: Lessons from Democracy’s Laboratories. Georgetown Environmental Law and Policy Program.2008.
“Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law.” Justice Brandeis, 1922., “ Source: Pennsylvania Coal Co. v. Mahon at:
https://www.law.cornell.edu/supremecourt/text/260/393
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1st Amendment. 2010
“The judgment of the District Court is reversed with respect to the constitutionality of … restrictions on corporate independent
expenditures.”
Source: Citizens United v. Federal Election Commission. At: http://caselaw.lp.findlaw.com
Regaining Sovereignty: Government Basics
We the people are sovereign We delegate our
authority to the state & federal governmentsPeoplePeople
Government Government
CorporationsUnionsNGOs
CorporationsUnionsNGOs
State governments create artificial entities:
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We the People are Sovereign
We the People are Sovereign
We Can & Must Rein in Corporations
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The Means: Constitutional Amendment 19th: Women get the right to vote
Overturns Minor v. Happersett
28th Proposed: Corporations are not people Overturn corporate Constitutional rights
Two paths:A. Congress proposes (2/3 of both houses)B. States call Convention (2/3 of legislatures)
Either path requires ratification by 3/4 of states
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Corporations are NOT People
The General Welfare has precedence over Wealth Accumulation
Corporations are abusing our Constitutional Rights – END IT
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THANK YOU!
Questions?
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Selected Resources
Allison, Jim. The Prosecution of Judge Waite. Available at: https://www.youtube.com/watch?v=0ykmVqPoAcs. Starts about 3 minutes into video. Pdf available at: http://www.thealliancefordemocracy.org/pdf/JudgeWaite.pdf.
Echeverria, J. and Hansen-Young, T.. The Track Record on Takings Legislation: Lessons from Democracy’s Laboratories. Georgetown Environmental Law & Policy Institute. 2008. Available at: http://www-assets.vermontlaw.edu
Grossman, Richard L. and Frank T. Adams. Taking Care of Business Citizenship and the Charter of Incorporation. In Defying Corporations, Defining Democracy. Dean Ritz, ed., Apex Press. New York. 2001.
Kendall, Douglas T. and Charles P. Lord. The Takings Project: A critical analysis and assessment of the progress so far. Boston College Environmental Affairs Law Review. Vol. 25. 1998. Available at: http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1280&context=ealr
Powell, Lewis F. Confidential Memorandum: Attack on American Free Enterprise System. Available at: http://law2.wlu.edu/deptimages/Powell%20Archives/PowellMemorandumTypescript.pdf