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Donna Edwards' No Corporate Monopoly of Elections Amendment
Maryland Congresswoman Donna Edwards turned to Supreme Court Justice Louis Brandeis for guidance in framing the Constitutional amendment she proposed Tuesday as the right and necessary response to the decision by Chief Justice John Roberts and a high court majority to abandon law and precedent with the purpose of permitting corporations to dominate the political discourse.
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both," said Brandeis, the lion of law whose defenses of freedom of speech and the right to privacy renewed and extended the American experiment in the 20th century.
Brandeis knew that giving corporations monopoly power over our economic life or our politics would be deadly to democracy.
Unfortunately, that truth is lost on the current Supreme Court's activist majority.
Edwards is relying on Brandeis as an intellectual and legal touchstone as she launches the boldest congressional response yet to last month's Supreme Court decision in the case of Citizens United v. FEC.
"The ruling reached by the Roberts' Court overturned decades of legal precedent by allowing corporations unfettered spending in our political campaigns. Another law will not rectify this disastrous decision," Edwards said Tuesday. "A Constitutional Amendment is necessary to undo what this Court has done. Justice Brandeis got it right: ‘We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both.' It is time we remove corporate influence from our policies and our politics. We cannot allow corporations to dominate our elections, to do so would be both undemocratic and unfair to ordinary citizens."
Edwards explains the amendment in a powerful video where says: "You don't amend the Constitution often, but the Supreme Court really has left us with no choice but to change the Constitution and make sure that people own our government and our elections -- not the corporations."
Edwards does not stand alone. In addition to an array of public interest groups including Public Citizen, Voter Action, The Center for Corporate Policy and the American Independent Business Alliance, the congresswoman's proposed amendment is being backed by House Judiciary Committee chair John Conyers, the Michigan Democrat who is the dean of civil libertarians in Congress.
Conyers has signed on as an original co-sponsor of the amendment to address the court's move to allow corporations to spend unlimited amounts of money on elections.
"The Supreme Court's idea that corporate political speech is no different than an individual citizen's political speech was not the law when the Constitution was written, was not the law before the Supreme Court's decision two weeks ago, and should not be the law in the future," says Conyers. "I look forward to working further with Ms. Edwards and my other colleagues to use every tool at our disposal to make sure that elected representatives are accountable to voters, not corporations."
Here is the text of the legislation proposed by Edwards and Conyers:
JOINT RESOLUTIONResolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:
‘‘ARTICLE--
‘‘SECTION 1. The sovereign right of the people to govern being essential to a free democracy, Congress and the States may regulate the expenditure of funds for political speech by any corporation, limited liability company, or other corporate entity.
‘‘SECTION 2. Nothing contained in this Article shall be construed to abridge the freedom of the press.''
Edwards and Conyers may soon have a Senate sponsor for their amendment proposal.
Senator John Kerry, D-Massachusetts, said Tuesday in testimony before the Senate Committee on Rules and Administration that "we need a constitutional amendment to make it clear once and for all that corporations do not have the same free speech rights as individuals."
At the same hearing, Senator Russ Feingold, the Wisconsin Democrat who chairs the Constitution subcommittee of the Senate Judiciary Committee declared: "As legislators, we have a duty to carefully consider the constitutional questions raised by legislation. But we are not mind readers, nor can we predict the future. So I urge you to do your duty but not be dissuaded from acting by fear of the Court. This terrible decision deserves as robust a response as possible. Nothing less than the future of our democracy is at stake."



68 Comments so far
Show AllSounds like a great idea to me. The big corporations are already writing our legislation, but the Supremes don`t think that is enough, so they want them to run our elections also. Maybe we need another one to give the Supremes what they are worth, a one year term, or better yet, one month. Thanks, Bush, for packing our court with these kinds of members.
A better solution is to simply abolish corporate personhood.
YES!!!
And the amendment would read a lot more concisely and be far less likely to result in activist misreadings and rulings by SCOTUS.
This amendment by Edwards may be well-meaning but is not the correct approach.
For more on the fight to 'de-personalize' rights of corporations
find a copy (not an easy task these days) of:
"America, Inc: who owns and operates the United States"
By Morton Mintz, Jerry S. Cohen 1972
This book literally disappeared from library bookshelves within 1-2 years after publication. In the SF Bay Area, 1 individual checked out copies from at least 10 libraries and never returned them.
The book IS definitely about the heroics of individuals who for over 150 years have fought against granting 'personhood and personhood rights' to corporations.
Brandeis is one of the strongest. The reference in the article is definitely an understatement.
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both," said Brandeis, the lion of law whose defenses of freedom of speech and the right to privacy renewed and extended the American experiment in the 20th century.
FYI-- I'm not shilling for ABE books, a reputable on-line source for used books.
But there are several copies of this book available for under $5 with free shipping-- apparently it was a Book of the Month Club selection!
Again, just noting that the book is still available.
· Yr Obd't Servant
"This book literally disappeared from library bookshelves within 1-2 years after publication. In the SF Bay Area, 1 individual checked out copies from at least 10 libraries and never returned them."
There are people whose job it is to vacuum up books,etc, I've seen them do it.
Watch for those who "just love Chomsky...etc".
It's slow motion book burning.
We should be following Nader in eliminating corporate personhood completely, not this half-hearted overly nuanced semi-effort. Don't we have to sell this to three quarters of the state legislatures to amend the Constitution?
The message has got to be simple and obviously true:
Corporations are not people.
I'll second that! Lets take this opportunity to make the significant fix:
CORPORATIONS ARE NOT PEOPLE!
But I did not see anything in the amendment proposal that denies "citizenship" to corporations. Without that the amendment will be toothless.
Gary
“No, I don't know that atheists should be considered as citizens, nor should they be considered as patriots. This is one nation under God.”
-- George W. Bush
man, in a perfect world people would look up issues and candidates before voting on them.
But since its all a spending war anyway whatever. Before hand corps had to funnel money though all types of PACs, and employees donating the max 20'000 amount.
All the court did was allow it to be more blatant .
Keep in mind Obama outspent Mc Cain, so think it out all yall
With all due respect to what Edwards and others are trying, this is a very poorly worded amendment in both sections, vague enough that lawyers can make mincemeat of them rather than their being legislation with teeth.
Section 1 says the Congress and the States can "regulate" the expenditure of funds in support of political speech by corporations; it does not forbid such expenditures, which is clearly what the amendments writers (and I) would like to see happen. Aforesaid smart corporate lawyers can say it was clearly the intent of the people that such practices would not be forbidden but only subject to regulation: and who knows what corporate-friendly regulation might come from, let's say, the corporately-friendly Congress that could well be in place as early the conclusion of the 2010 elections (assuming an all-too likely dominance of Republicans and Blue Dogs resulting from the ongoing "backlash" against Democratic mismanagement.)? I'm thinking, too, of what State regulation would come from my own state legislature in Florida, essentially bought and paid for by the developers and bankers who lend to them and which now exercises no "regulation" whatever on electioneering type campaigns funded by the likes of U.S.Sugar.
Section 2, strangely enough, says Section 1 cannot abridge the "freedom of the press." So, get ready, when those lawyers for the "press" go before a court to argue that they can't be denied the opportunity to make a buck by accepting campaign ads paid for by corporations. Since "freedom of the press" is nowhere defined in the Constitution (unless I've missed something in the Bill of Rights), these lawyers well might argue that we do have "restraint of trade" and patent laws that do allow corporations to make profits, so you're infringing the "freedom of the press" in denying them this opportunity, so go ahead, ye corporations, and plunk down your millions for TV advertising and even info-mercials.
I'm just sayin'
The corporations who wanted to were ALREADY controlling elections before the SCOTUS decision. They've been backchannelling money to corporate-friendly candidates for decades, along with pumping maximum legal amounts of money into their coffers. McCain-Feingold was an anemic regulation on some of the very worst corporate domination of elections, sort of the Kyoto treaty on corporate influence in politics, but the SC ruling has nullified even that. So now they own Washington and even state legislatures outright.
The chances of passing such an amendment are even slimmer than the chances of getting Medicare for All under an Obama regime. Corporations have gamed the system in advance for blocking any such amendment. Their lobbyists will simply buy off as many legislators as they need to, just as they do in every other instance. It's much like pleading with Congress to stop giving itself pay raises during a recession, or to sacrifice their own free medical care, payed by us nobodies, until we have something similar. Never happen.
We can especially expect this bill to go nowhere since John Conyers is sponsoring it, even though I don't doubt Donna Edwards' sincerity. But Conyers has been in the habit for years of sponsoring all kinds of radical-seeming bills and then refusing to fight for any of them. He holds all kinds of basement hearings, question and answer sessions, that are completely ineffective and inconsequential, and he'll sit silently in a committee discussing his own legislation, claiming his hands are tied, or whatever lame excuse is convenient. I expect nothing from Conyers.
Ephraim: I believe your and my last posts will book-end some reasons for the futility of such an amendment. I know we've had some exchange before about the realism of attempting to circumvent big money control of elections by way of grassroots campaigns that specifically REJECT the overtures of people or corporations that are intent on pouring money into their campaigns. I won't get on my (no cost) soap-box just yet to re-assert that possibility. I'm more interested now in seeing and publicizing such campaigns in action and letting the results do the talking rather than the cogent (?) arguments I might make for their possibility.
Indeed.
Just look at how Conyers caved on his own HR-676.
This is a nice try, but it needs to go MUCH further. Remove the entire idea of corporate personhood, which is complete BS from the get go.
Secondly, it should really implement a system of PUBLICLY funded elections where NO private money is allowed AT ALL. None from the candidate's family, none from private individuals, none from ANY corporation or business. Anyone found trying it gets jail time, automatically. BOTH parties, if the transfer of funds actually happened. NO exceptions.
Until we get rid of private money in it's entirety, our elections will continue to stink to high heaven, and all we will get for it will be screwed. Just like we are NOW.
I'm sure precedents for this can be found in other democracies already, so we're not breaking new ground re democracy.
Exactly! A corporation is a packet of paper containing "articles of incorporation". Not even Supremes can transform those papers into persons. Nor can high court justices transform MONEY from those packets of paper into SPEECH. Justice Kennedy's emotions notwithstanding, money spent by corporations to elect or defeat political candidates IS NOT "...a form of speech", nor is spending that money protected by the first amendment.
Regardless of the proposed Amendment's shortcomings, I want to recognize (and ask others to do the same) Congresswoman Edwards' courage and integrity in taking the lead on this issue. There are very few politicians who don't make me nauseous; Kucinich and Sanders come to mind.
I am delighted to add Edwards to this tiny group. Good on you, Congresswoman.
I also applaud her effort. I called her office and told them so. I also asked her to rescind her resolution in favor of the following: "For the purposes of law, only human beings can be considered to be persons."
A half-hearted measure is no better than no measure at all!!! Come on here. When are people going to stop "good on you" pats on the back to people who are not strong enough to stand against their own party when their own party members are corrupting the system!!! I can name a number of BAD Democrats on both hands that tarnish the entire party! All that gets accomplished here by giving a kudo here and there is more tightening of the NOOSE that is around the neck of children and women and poor and those lucky enough to have a low-paying job!!!
The only people I know who can be so “encouraging” in these tough times are those who are surviving on unemployment money, pension funds, or fat paychecks from the “poverty-pimp” non-profit organizations that are benefiting from such social and economic catastrophic conditions. You know the saying…if you are not outraged you are not paying attention….well same holds true under the Obama administration as the Bush one…even more so in my opinion!
It reminds me of the naive (or blatantly lying) remark given to me by Kucinich in fall 2003 when he was stumping for the 04 Democratic primary when I asked him why he continues to stay in a political party that continually ignores him and side-lines him at every opportunity which goes against corporate/rich interests and his reply to me "Well, I know it may sound naive but I think I can change the party from within." Well, he is too smart to be naive.....he is just calming the angry masses on the left...the side he says he is on. He is a tool for the phony "people's party" and it is clear by the lack of change in both Democratic Party controlled Congress and White House. Anyone who stays with the Democrats is a fool and a tool in my opinion.
DEFECT and support third parties and also MOST IMPORTANTLY WORK TOWARDS BUILDING A MASS MOVEMENT AND A GENERAL STRIKE!! WE MUST FORCE OUR GOVT. TO DO WHAT WE WANT THEM TO DO.....I AM TIRED OF BEING ABUSED...AND SO SHOULD YOU!!!!
GREAT POST!!! You've nailed it!
RE: "...asked him why he continues to stay in a political party that continually ignores him and side-lines him at every opportunity which goes against corporate/rich interests and his reply to me "Well, I know it may sound naive but I think I can change the party from within."
It's great that you asked DK that. I was a Kucinich delegate in 2004. In '04 he had a significant delegation at the DP convention, he could have demanded something, but he did not. For all of the great things that DK says, what has he delivered? The presence of DK in the Democratic Party keeps people in the fold, keeps the myth alive that "we can change the Party from within." I have come to the conclusion that Dennis Kucinich does more harm than good.
Thanks for sharing your delegation role in the 04 Dem primary. That helps confirm what I have suspected for a 6 years now...also there is a great story about this concept from the magazine International Socialist Review (ISR) article by Paul D'Amato "Kerry's Bagman" Issue #37 which clearly interprets what you probably experienced at the convention you went to.
There should be NO loyalty to a party...only a loyalty to the SELF!!! We are totally demoralized when we put our faith outside ourselves and into corruptable institutions! This is why I prefer anarchism to organizations and institutions! I am the best judge of what is good for me (not what is good for you) and this is true for everyone else!!! : )
Thanks on the tip of ISR #37, it's great!
Here's a snippet for others:
This is indeed the role of all left-leaning Democratic candidates. George McGovern in 1968 and Jesse Jackson in 1988, to mention a couple, did the same thing: corralling millions of votes by making a Left or populist appeal, and then handing those votes to the centrist party choice at convention time. The process is predictable. First the Left-Democrat presents his candidacy as one that can push the party to the Left and pressure it to take on issues it otherwise would not. Then, on the fateful convention day, it is revealed that the dynamic is actually the opposite: the party co-opts the Left, drags it to the right, and neuters it. In the end, it has absolutely no influence on the party’s platform or trajectory. All the talk about campaigning for the Democrat as being "part of the movement" for labor rights, against war, for women’s rights, and so on, is revealed to be a lie. The truth is that backing the Democrat is aimed at defusing the fight for a genuine alternative. Those who realize this become demoralized and depressed, and when the next presidential election roles around, a new crop of enthusiasts are found who can be convinced that this is the "most important election of your lifetime," and the whole process begins again. It is a seamless trap.
- Paul D'Amato
Freethinker,
I'm with you.
You nailed it.
I've been a supporter of Kucinich, but if he
doesn't leave the Dimocrat party, what good is he?
Let's see how cons rationalize against it.
"Fascism should rightly be called Corporatism, as it is the merger of corporate and government power."
Benito Mussolini
The problem isn't the corporations, it's the wealthy for whom they stand. Medieval monarchs had castles; today's wealthy have corporations.
The problem is the equation
WEALTH = POWER
Unlimited wealth and democracy can't coexist (at least the "of the people, by the people and for the people" variety).
As long as a relatively few people have virtually all the disposable income, we will continue to live in a plutocracy (a government of, by and for the rich).
Exactly. And since them with the gold makes the rules, experience shows we can only have economic democracy through direct democracy. Unlike California's corrupt super-majority referendums with no limits on ads from the rich, fair voter initiatives and referendums have enabled the Swiss to fetter the oligarchy for public benefit.
A decent step in the right direction; but as is all too typical with Democratic politicians (whom seem to not want to piss off the corporations too much), not nearly enough.
A proper 28th Amendment would state that only natural born persons are entitled to constitutional protections.
So naturalized citizens are just shit out of luck, then? Not acceptable. HUMANS on our soil are who should get constitutional rights.
You grossly misinterpreted my post: natural born persons was used in the de jure terminology. Natural born on US soil is a whole other legal terminology that does not apply specifically in this debate. Perhaps before you comment, you should get a better understanding of specific legal language before you hands hit keyboard.
I am not sold on this ammendment at all. It's limited in all the wrong ways and it will not actually pass.
I would support an ammendment making clear that constitutional provisions that apply to "persons" apply to corporations only to the extent to which explicit federal laws apply specific constitutional provisions.
This will ensure that due process, normal property rights and other aspects of economic stability and justice can be assured as well as specific requirements of corporate behavior.
ezeflyer,
Interesting you should bring up fascism. Some say that without Brandeis and his courage, the US would have supported the fascists in WWII.
Follow up on America, Inc.
Book does not seem to available for purchase on any site.
Same for ANY book by one of the co-authors - Milton Mintz
A complete list of Mintz's books makes the lack of availability of any of them seem like Stalinist censorship at work:
1. For prescription only:The therapeutic nightmare; a report on the roles of the United States Food and Drug Administration, the American Medical Association, pharmaceutical manufacturers, and others in connection with the irrational and massive use of prescription drugs that may be worthless, injurious, or even lethal.
Publication Information Boston, Houghton Mifflin, 1965.
2.At any cost : corporate greed, women and the Dalkon Shield / by Morton Mintz.
Publication Information New York : Pantheon Books, 1985.
3.Power, inc. : public and private rulers and how to make them accountable / Morton Mintz & Jerry S. Cohen.
Publication Information New York : Viking Press, 1976.
4.Quotations from President Ron / [compiled by] Morton and Margaret Mintz.
Publication Information London: Father/Daughter Ventures, 1986.
Edition 1st ed.
*** Nobody in US would publish this one.
5.America, Inc.: who owns and operates the United States [by] Morton Mintz and Jerry S. Cohen.
Publication Information New York, Dial Press, 1971.
curmudgeon: Thanks for this list and for introducing me to this author. If he's no longer living, do you know how he died (other than in obscurity) - a conveniently planned "small airplane crash", perhaps? Assisted "Suicide" maybe?
If he's not dead, let's all watch the news for an unfortunate incident!
Thanks. I'll look these up online
I look at the comments thus far (18) and can only imagine what objections (valid and invalid)will be brought forth when serious discussion and organized opposition get going.
So I am going to add my two cents: Let the lawyers write the amendment, but I think that all contributors to any campaign, even issues only campaigns, should be required to openly state the County and State in which they are registered voters. If not registered to vote then they should be unable to influence those who do vote. This would knock out all corporations, unions, non-profits, etc. The CEO of a corporation would be allowed to express his/her opinions but not at the cost to the shareholders. The Union President could talk until he is blue in the face, but not at the cost to the members. By the same token, volunteers in a campaign each would be required to be registered voters (no underage who don't know what they are talking about.)
Such a restriction could even be used by the media in court to sue a company that canceled its advertising in a given paper or on a station because it did not like the editorial slant. That would be construed as an attempt to influence the voters.
And in light of our recent experiences with the national GOP effort to restrict the right to vote, this would be keeping in line with the efforts to "clean up the electorate", but at the expense of eliminating those very people who tried so hard to eliminate all ethnic minorities from the vote.
We could use the slogan: If you can't vote it, you can't preach it.
I agree with the responses here; it doesn't get to the heart of the matter. It will be a big fight, big distraction over nothing. Under the current system, Congress already "regulates" corporate money, and our problem is not limited to corporations. AIPAC is the biggest influence on Congress. Technically, there are some other biggies like AARP and the NRA, but AIPAC puts the interest of another nation ahead of our own even when we have conflicts of interest. AIPAC also brings up the issue of separation of church and state. We are not supposed to be beholden as a nation to any religion. And in return for shutting down the biggies, we would also see unions and other advocates limited in the amount of money they can spend. Speech, yes. Let AIPAC and all the others speak as much as they want. Spend, no. It used to be call bribery, and that is what it still is.
Corporations are not people and do not have the rights of citizens. They exist to serve us, not the other way around. And for equality of speech to be meaningful in elections, not only must the candidates be able to speak for all interests equally, but the candidates from which we get to chose cannot be limited by a corporate fee for entrance. This is how we wind up with the charade of two parties but only one choice.
This proposal reminds me of when people were calling for getting the corruption of money out of elections and we got the pitiful response of McCain-Feingold instead of real reform. The Ds should put up proposals for real changes or take a deck chair and enjoy what's left of the voyage.
jld overseas
Check http://www.mortonmintz.com/index.htm
But I could be wrong !
Morton Mintz seems interesting but an excerpt of America, inc. would be nice.
Gary
I can't change the direction of the wind, but I can adjust my sails to always reach my destination.”
-- Jimmy Dean
This was totally expected because constitutional amendments are what parties do when they need to shut up their base. Remember that Reagan and the newly empowered Republicans put forth a balanced budget amendment at the same time that they ran up the debt in the early 80's. It's the old college try they can trot out to silence critics from their own party during the next election cycle.
amadeusb4 - you nailed it. The advance CYA routine. Just like the corporate-bought-and-paid-for-congress now can't get anything accomplished because no 'party' has a supermajority. 'We tried!! But our filibuster-proof majority is gone.'
And again, the corporations win.
amadeusb4,
Spot on.
Chelsea
From the article's inset quote of the proposed amendment:
"That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within SEVEN YEARS after the date of its submission for ratification:" (my emphasis)
It'll be too late even if it had teeth. It's probably already too late if it were approved tomorrow.
Hell, the Congress hasn't done squat to obtain Diebold's "proprietary" voting machine code, which is an even more direct slap at democracy.
As for Conyers, he's probably compromised; isn't his wife under investigation in that Detroit scandal that stopped being news?
-30-
I'm glad you still focus on the Diebold machines...I have never forgotten, either...that is a very, very important thing...
funny that we still feel confident that our votes are counted as we cast them...as we intend...that they're counted at all...
I don't...
Yes and even if we assume that there is no election fraud of any sort, our election and camapaign system makes a mockery of even the most rudimentary definition of democracy.
Indeed.
Chelsea
Why not just go after the wording of the 14th Amendment to dis-allow corporations to be considered "persons" or human beings...they are not human beings. I am tired of Democrats (and/or Republicans) who want to enact legislation which will ultimately be up for interpretation by the very Supreme Court that counters legal disputes in the first place, trying to do such moronic acts in the first place.
JUST REPEAL TAFT/HARTLY (don't enact some piece of swiss cheese legislation which gives workers MORE protection in unionizing and don't enact some piece of swiss cheese legislation which gives corporations PERAMETERES for being able to give or not give money to a PAC or a PARTY or a CANDIDATE....JUST DON'T ADD CONFUSION TO THE FRICKIN PROBLEM YOU ARE TRYING TO SOLVE!
Or are you trying to solve a problem??? That is the real question here!
SMOKE AND MIRRORS MY FRIENDS....SMOKE AND MIRRORS!!
That would be the easiest in wording, and the best over-all way to eliminate this corporate strangle-hold, but, without armed revolution, the most difficult to get passed. The powers at large would not let this happen.
1) Not against an amendment if properly worded.
2) Shouldn't need a constitutional amendment to ban corporations with foreign stockholders (even 1) from influencing the outcome of US elections.
3) Still waiting on a constitutional amendment to get passed that gives Washington DC citizens full electoral representation (amazing what the US can't do - 1978 attempt failed on expiration).
this is standard fare...a purposefully inadequate action allowed to appear as 'well-intentioned, but poorly crafted'...just as there are only so many plot lines in literature, so in politics...
these are the masters of the 'gee, we tried so hard, but' school, remember?
once again, they only answer to their own...how cozy...
Conyers? ha ha ha ha ha ha ha ha ha ha ha
Kerry? ouch
Such an amendment sends a message that our democracy is not for sale to big corporations.