Transcript MegaCorps - TheSaneCenter.com

Why Corporations are NOT Persons and Money is
NOT Speech, how the Supreme Court got it wrong
– and what we can do about it.
What is the proposed 28th
Amendment to the Constitution?
Section 1 A corporation is not a person and can be regulated:
The privileges of artificial entities shall be determined by the
People, through Federal, State, or local law, and shall not be
construed to be inherent or inalienable.
Section 2 Money is not speech and can be regulated
The judiciary shall not construe the spending of money to influence
elections to be speech under the First Amendment.
Section 3
Nothing contained in this amendment shall be construed to abridge
the freedom of the press.
Why is this amendment needed?
Tired of Political Corruption?
Of politicians you can’t trust?
Even when you try to clean House?
It’s not just the politicians . . .
It’s the $$$$$ Corrupting
the System
Our Founding Fathers and Former Presidents
warned us about
Mega-Corporations
about concentrated wealth . . .
about the corrupting
influence of megacorporate money . . .
about the danger of megacorporations influencing elections
about the Military-Industrial Complex
What did they do?
They strictly controlled corporate power.
To get a corporate charter in many
states, you had to
Get approval by house, legislature
and governor
Prove both a public and private need
Set a time limitation – often 35 years
Have a single purpose - could not
purchase, own, or be on the board
of another company
Restrain from lobbying or giving
money to any elected officials
assessed stiff penalties for violations
Monetary Fines
Imprisonment
The “corporate death
penalty” – having the
charter of a domestic
corporation revoked for
any infraction
Have your right to do
business in that state
forfeited if a “foreign”
(out of state) corporation
encouraged small, local , communitybased businesses
Encouraged entrepreneurial
activity
Gave preferential treatment
to small and medium-sized
community-based businesses
Taxed local businesses at a
lower rate
Created economic stability in
local communities
Kept cash local
and introduced the Constitution with:
We the people . . .
Three branches
Checks and
balances
The people are the
ultimate check and
balance
But all that was turned upside down in
1886
When a cheeky supreme court clerk included the headnote in a
case pitting railroads against state laws: “The defendant corporations
are persons within the intent of the clause in section 1 of the 14th Amendment to the
Constitution of the United States which forbids a state to deny to any person within
its jurisdiction the equal protection under the law.”
Even though,
For the first 75 years after the
revolution, corporations could
only exist if they served the
public interest
They had to be chartered by the
State Legislature, their
stockholders and businesses had
to be local, and they couldn’t
own other corporations
They couldn’t donate to political
or charitable causes
Even though . . .
the 14th Amendment was passed to
protect the rights of former slaves, not
corporations
All persons born or naturalized in the
United States and subject to the
jurisdiction thereof, are citizens of
the United States and the State
wherein they reside
No state shall make or enforce any
law which shall abridge the privileges
or immunities of citizens of the
United States of any State deprive
any person within its jurisdiction the
equal protection of the law
Even though . . .
The definition of Person appears to be clear –
“all persons born or naturalized in the United
States,” neither of which can logically apply to a
corporation
There is no evidence that those who passed the
14th Amendment were referring to corporations
in any of their correspondence or discussions
Even though . . .
The issue of corporate personhood had been
argued by the railroad companies for a decade
but they had NEVER prevailed on the issue
Justice Waite specifically said “the court does
not wish to hear arguments on the question
whether the provision in the 14th Amendment
to the constitution applies to these
corporations.”
There was no explicit ruling that the court finds
that corporations are people under the 14th
Amendment
Headnotes have NO legal standing
because . . .
The writers of the 14th amendment did not specifically
include the word Natural before the word Persons
The Supreme Court Justice Morrison Waite had
specialized in defending railroads but did not recuse
himself
Although the court in the 1886 case Santa Clara County
v. Southern Pacific Railroad, specifically stated “the
court does not wish to hear arguments on the question
whether the provision in the 14th Amendment to the
constitution applies to these corporation.” Justice
Waite then added “We are of the opinion that it does.”
And, so, history repeats itself
The inevitable result?
State laws banning corporate $$$ in
politics overturned (6/12/2012)
Mega Corporations lobby and get to deduct
their lobbying expenses!!!
12,000 – 14,000 registered lobbyists in Washington DC
– 22-26 for each member of congress
Total spent annually – 3.5 billion
GE spent $84.35 million lobbying, received $4.7 billion
in tax rebates ‘08-10
spent 52.34 million lobbying during same period
Boeing spent 52.29 million
FedEx spent 50.81 million
60 corporations spent “$1.6 million in lobbying fees to persuade
Congress to create a special low tax rate that they could apply to
earnings from their foreign operations for one year.” It took
three years to pass, “saving the companies roughly $100 billion
in taxes.” Washington Post
buy themselves huge tax breaks
29 paid no taxes at all in 2008-10
made $10,480 million profit; received $4,737 million US
subsidies; paid minus 45.3% taxes
made $32,518 million profit; received $951 million US
subsidies; paid minus 2.9% taxes
made $9, 735 million profit; received $178 million
US subsidies; paid minus 1.8% taxes
made $49,370 million profit; received $681 million US
subsidies; paid minus 1.4% taxes
made $4,903 million profit; received $34 million US
subsidies; paid minus .7% taxes
shift taxes to small business
Small businesses must pay all of their taxes
whereas large businesses use loopholes that
allow them to hide profits overseas
write regulations to stifle competition
Monsanto – danger from genetically
modified foods determined by
manufacturers, consumers not notified,
testing would only occur when
companies wanted it to,
Veggie Libel Laws
Monks and Minow, Presidential Task
Force on Regulatory Relief – We typically
found that business representatives
continually sought more rather than less
regulation, particularly when the new
regulations would limit their liability or
protect them from competition.
and drive out small businesses
Larger companies have moved
offshore; smaller co’s don’t have
the resources to do so.
Eliminating competition by buying
it; government gives special tax
breaks
Chain stores can dominate because
they have the resources to fight
laws communities enact that may
be favorable to local business.
The time has come . . .
to return to our forefather’s vision . .
with the one issue that can unite us
and restore the American Dream
Corporations are NOT Persons and
money is NOT Free Speech
We, the People of the United States of
America, reject the U.S. Supreme Court's
Citizens United ruling, and move to amend
our Constitution to firmly establish that
money is not speech, and that human
beings, not corporations, are persons
entitled to constitutional rights.
How would this change things?
Wipe out corruption
Regulate corporate lobbying
Eliminate corporate financial
contributions or gifts to
politicians
Political donations this cycle
alone:
Las Vegas Sands – $11,758,600
(Sheldon Adelson pledged $71 million for the
general election, more than any one other
person)
Goldman Sachs – $4,769,941
Comcast – $2,774,151
They aren’t expecting nothing!
Support real entrepreneurs
Allow communities to give tax breaks
and preferential treatment to small
business
Let local communities determine
which businesses will operate in their
locale
Eliminate regulations with
exemptions for mega-corporations
that burden small business
Eliminate mega-corporation tax
loopholes so that the tax burden falls
more equitably on all business
enterprises
Eliminate tax incentives for shipping
jobs overseas
Strengthen the middle class
Return to the states the
responsibility to regulate
corporations
Restore equality of speech –
Money does NOT equal Free
Speech
Restore equality of the vote –
one person, one vote, not one
dollar, one vote.
Return the politicians to the
people – when corporate
money no longer reigns, our
wishes will
Ensure that politicians respond
to voters to be re-elected
Why Move to Amend?
Clean and simple
No need for a labyrinth of complex
regulations written by lobbyists
themselves to perpetuate their
power
No need for vast bureaucracies to
micromanage the rules
Returns more power to local
states to decide how they want to
deal with political corruption
Other versions provide
exemptions
Section 1 [A corporation is not a person and can be regulated]
The rights protected by the Constitution of the United States are the rights of natural
persons only. Artificial entities, such as corporations, limited liability companies, and
other entities, established by the laws of any State, the United States, or any foreign
state shall have no rights under this Constitution and are subject to regulation by the
People, through Federal, State, or local law.
The privileges of artificial entities shall be determined by the People, through Federal,
State, or local law, and shall not be construed to be inherent or inalienable.
Section 2 [Money is not speech and can be regulated]
Federal, State and local government shall regulate, limit, or prohibit contributions and
expenditures, including a candidate’s own contributions and expenditures, for the
purpose of influencing in any way the election of any candidate for public office or any
ballot measure. Federal, State and local government shall require that any permissible
contributions and expenditures be publicly disclosed.
The judiciary shall not construe the spending of money to influence elections to be
speech under the First Amendment.
Section 3
Nothing contained in this amendment shall be construed to abridge the freedom of the
press.
Talk to your Neighbors, Hold a House
Party
Stamp Your Money!
“Perpetual
monopolies were
harmful to the longterm trading
interests of any
nation. They raised
prices artificially,
encouraged waste,
fraud and abuse
and, in India, had
interfered with the
sovereign interests
of the British
government.”
Join Us TODAY!
www.MoveToAmend.org