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Our Threatened Democracy Role of Supreme Court Regaining Sovereignty www.MoveToAmend.org We the People v. Corporate “Persons” Presented by (Affiliate & presenter’s name here) Contact: (email & phone numbers here)

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Page 1: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

Our Threatened Democracy Role of Supreme Court Regaining Sovereignty

Our Threatened Democracy Role of Supreme Court Regaining Sovereignty

www.MoveToAmend.org

We the People v. Corporate “Persons”

Presented by (Affiliate & presenter’s name here)

Contact: (email & phone numbers here)

Page 2: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

Has depleted our power to regulate corporations

www.MoveToAmend.org

Page 3: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

www.MoveToAmend.org

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

Page 4: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

www.MoveToAmend.org

Corporate Influence on Elections

Green line = 501(c)(4) = Dark Money Source: Center for Responsive Politics

www.MoveToAmend.org

Page 5: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

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/

www.MoveToAmend.org

Page 6: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

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.

www.MoveToAmend.org

Page 7: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

www.MoveToAmend.org

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)

Page 8: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

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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)

Page 9: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

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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

Page 10: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

www.MoveToAmend.org

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/

Page 11: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

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

Page 12: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

www.MoveToAmend.org

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

Page 13: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

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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

Page 14: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

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:

www.MoveToAmend.org

Page 15: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

www.MoveToAmend.org

We the People are Sovereign

We the People are Sovereign

We Can & Must Rein in Corporations

Page 16: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

www.MoveToAmend.org

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

Page 17: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

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Corporations are NOT People

The General Welfare has precedence over Wealth Accumulation

Corporations are abusing our Constitutional Rights – END IT

Page 18: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

www.MoveToAmend.org

THANK YOU!

Questions?

Page 19: Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty

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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