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55 Vermont Towns Affirm: 'Corporations Are Not People'
Can grassroots victory in Green Mountain state spark national movement?
With some results still yet to come in, reports confirm that at least 55 towns in Vermont approved municipal resolutions calling for an end to big money's dominance in US politics and calling for a Constitutional amendment to reverse the Supreme Court's 'Citizens United' decision that has opened the floodgates for secretive, unlimited campaign spending in US elections.
The initiatives called on the Vermont Legislature and the state's congressional delegation to support a constitutional amendment that clarifies that 'money is not speech and corporations are not people.' Such an amendment would make it possible for Congress to limit election-related expenditures by for-profit corporations, nonprofits, unions and individuals. “The people of Vermont and across America are totally disgusted with the huge amounts of money that billionaires and corporations are throwing into the political process,” US Senator Bernie Sanders said today. “We have to overturn this disastrous Citizens United decision. I hope the message coming out of the town meetings will spark a grassroots movement across the United States.”
The initiatives called on the Vermont Legislature and the state's congressional delegation to support a constitutional amendment that clarifies that 'money is not speech and corporations are not people.' Such an amendment would make it possible for Congress to limit election-related expenditures by for-profit corporations, nonprofits, unions and individuals.
“Vermonters are taking a lead in the growing movement for a constitutional amendment to limit the influence of big money and corporations in our democracy,” said Aquene Freechild, senior organizer with Public Citizen’s Democracy Is For People campaign. Public Citizen – along with Move to Amend/Women’s International League for Peace and Freedom, Vermont Peace and Justice Center, VPIRG, Vermont Businesses for Social Responsibility, Rural Vermont, Common Cause Vermont, Occupy Burlington, Vermonters Say Corporations Are Not People, Vermont Action for Peace, Vermont Workers Center, and Ben Cohen and Jerry Greenfield (co-founders of Ben & Jerry’s ice cream) – worked with Vermont activists to collect signatures and get the resolutions on town meeting agendas.
Late last year, Sanders introduced the Saving American Democracy Amendment. His proposal would restore the power of Congress and state lawmakers to enact campaign spending limits like laws that were in place for a century before the controversial court ruling.
The Associated Press reported that in most towns where 'corporate personhood' resolutions were on the agenda, they were passed with "overwhelming margins." And added:
State Sen. Virginia Lyons of Chittenden County, an organizer of the movement, said that when she started pushing for the idea she would have been thrilled to see the measure taken up in four or five towns.
"People are just fed up with the status quo," she said after the polls closed. [...]
Supporters of the personhood amendment want Congress to begin the process of amending the Constitution to overrule the Supreme Court's 2010 Citizens United decision, which critics say has unleashed huge amounts of unregulated money into the presidential election process.
Lyons said she knows the process of amending the constitution is a long one.
"It took 40 or 45 years just to get women the vote," Lyons said. "For me, this is just the beginning of something. We need to absolutely set the record straight. We can't continue down the slippery slope we've been traveling. It's not just money, but corporate influence in everything we do."
The measure failed to pass in only two locations, said Fairchild, who was monitoring the votes for the group Public Citizen.
***
Concensus abounds, but 'complicated' battle still ahead
Seven Days, an indepedent Vermont paper, spoke with state Rep. Bill Lippert (D-Hinesburg) who "was packing up a cardboard box and shaking his head" because, though he agreed in principle, thought the vote in his town was an “ill-formed” attempt to halt the “obscene amounts of money distorting the political process.”
“It’s far more complicated than it appears on the surface,” Lippert said of the issue, noting the amendment would restrain nonprofit corporations, not just for-profit ones. “You start sorting it out, it’s not as neat and clean as people would like it to be.”
And the Seven Days report continued:
In the state legislature, Sen. Ginny Lyons (D-Chittenden) and 10 cosponsors have proposed a joint resolution urging Congress to amend the constitution to say that corporations are not people. The Senate Committee on Government Operations is set to take up the resolution next week, and at least one witness has warned that, as written, the resolution could have “catastrophic” unintended consequences.
Benson Scotch, a Vermont lawyer who served as chief staff attorney to the Vermont Supreme Court and was executive director of the Vermont ACLU, told the committee last month that “money is not speech” makes a fine motto but could cause trouble if it’s enshrined in a resolution.
To illustrate, Scotch offered a hypothetical: Imagine that a town, tired of Occupy protests and mounting police costs, passes an ordinance against rowdy meetings or promoting rowdy meetings. A political organization solicits donations to buy television airtime opposing the ordinance. When the town goes to court to stop the fundraising, the organization raises its First Amendment right to free speech and assembly.
“The court under this amendment might dismiss the complaint because money is not speech,” Scotch testified, “and therefore no speech rights have been violated.”
Lyons says she’s suggested modifications to her resolution and is hopeful the Gov Ops committee will incorporate them.
“We are not writing the amendment,” she notes. “We are writing a resolution urging Congress to please send an amendment for ratification. There are greater constitutional minds than Vermont’s senators at work.”
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Show AllMy greatest concern with the Vermont language (as described here) and most of the proposed amendment language currently in Congress is that, rather than imposing substantive limits on corporate political activity, they simply enable Congress and/or state legislatures to impose such limits if they feel like it. Also, while fixating on election campaigns, the current draft amendments ignore lobbying and other corporate political activity.
A good place to start is this language from an early Wisconsin statute: “No corporation doing business in this state shall pay or contribute, or offer, consent or agree to pay or contribute, directly or indirectly, any money, property, free service of its officers or employees or thing of value to any political party, organization, committee or individual for any political purpose whatsoever, or for the purpose of influencing legislation of any kind, or to promote or defeat the candidacy of any person for nomination, appointment or election to any political office.”
SECTION 1. The rights protected by the Constitution of the United States are the rights of natural persons and do not extend to for-profit corporations, limited liability companies, or other private entities established for business purposes or to promote business interests under the laws of any state, the United States, or any foreign state.
SECTION 2. Such corporate and other private entities established under law are subject to regulation by the people through the legislative process so long as such regulations are consistent with the powers of Congress and the States and do not limit the freedom of the press.
SECTION 3. Such corporate and other private entities shall be prohibited from making contributions or expenditures in any election of any candidate for public office or the vote upon any ballot measure submitted to the people.
SECTION 4. Congress and the States shall have the power to regulate and set limits on all election contributions and expenditures, including a candidate’s own spending, and to authorize the establishment of political committees to receive, spend, and publicly disclose the sources of those contributions and expenditures.
I believe that a US constitutional amendment should not be so specific, however, to constrain its application, but clear enough to constrain the courts from further judicial activism.
Since it's the states which charter corporations, states could also amend their own constitutions, with language such as in Kentucky's:
“If any corporation shall directly or indirectly, offer, promise or give, or shall authorize, directly or indirectly, any person to offer, promise or give any money or any thing of value to influence the result of any election in this State, or the vote of any voter authorized to vote therein, or who shall afterward reimburse or compensate, in any manner whatever, any person who shall have offered, promised or given any money or other thing of value to influence the result of any election or the vote of any such voter, such corporation, if organized under the laws of this Commonwealth, shall, on conviction thereof, forfeit its charter and all rights, privileges and immunities thereunder; and if chartered by another State and doing business in this State, whether by license, or upon mere sufferance, such corporation, upon conviction of either of the offenses aforesaid, shall forfeit all rights to carry on any business in this State; and it shall be the duty of the General Assembly to provide for the enforcement of the provisions of this section.” - Kentucky Constitution (1891)
If, as they have, the US citizens are stupid enough to vote as the money says they must, as opposed to as good sense indicates they should, well then the country of which they are citizens, the USA, is an absurdity.
The overwhelming evidence now indicates that it is good sense to blow the USA away. The only thing that will make this assertion wrong is a massive and radical change in the understanding of what it is to be a US citizen.
Revolution looks to be inevitable. The sooner the less violent, the less vindictive and the more effective, in other words the better.
'55 Vermont Towns Affirm: 'Corporations Are Not People''
Huh? Common sense tells a 5-year-old kid this! Are tigers mice? Even George Orwell never imagined such absurd non-thinking as the modern state brews in its cauldrons of madness.
These two were among the authentic revolutionaries who attempted to create a "more perfect union", while acknowledging the inclinations of human nature and instituting checks and balances to limit the imperfections.
What Vermont (and other states and localities) are doing is taking the American Revolution one necessary step further to that "more perfect union". We have acted while others merely pontificate and bloviate about "revolution".