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Fighting the Subversion of Our People's Sovereignty
As you've probably heard, corporations are now "people" — humanoids that are equivalent to you and me. This miraculous metamorphosis happened on Jan. 21. Accompanied by a blinding bolt of lightning, and a terrifying jolt of thunder, five Dr. Frankensteins on the Supreme Court threw a judicial switch that endowed these pulseless paper entities with the human right to speak politically.
Never mind that inanimate corporate constructs have no tongue, brain, heart or soul — the five judicial fabricators breathed unprecedented legal life into corporations, decreeing that the vast wealth held in their corporate treasuries is their voice. With a cry of "Shazam!" the court ruled that, henceforth, every corporation — from Wal-Mart to Wall Street — is entitled to "speak" by spending unlimited sums from their treasuries to elect or defeat candidates for any and all public offices in our land, from city council to the presidency.
By a bare five-to-four majority, the justices created an artificial, uber-wealthy, political monster that will overpower everyone else's voices. For example, just the 100 largest corporations have assets totaling more than $13 trillion. No combination of human people's political organizations can amass even a tiny fraction of that spending power.
With their ruling, five unelected guys in black robes have subverted our people's sovereignty with a semantical perversion that twists special-interest things into "people" and money into "speech." In so doing, the Supreme Five have substituted their personal political views for the clearly-expressed wisdom of America's founders, every Congress since Teddy Roosevelt's time, 22 states, dozens of cities, the court's own precedents and the People themselves.
Bizarrely, the five court corporatists seemed to think that their sneak attack on America's democratic ideals was so cleverly done that it would be meekly accepted by the public and even widely applauded. Hardly. The ink of their signatures on this absurd opinion wasn't dry before the justices were pelted with ridicule.
"Hey," demanded one blogger, "it's time to reinstitute the draft." Others raised an intriguing constitutional conundrum that the Court obviously failed to contemplate. Since the 13th Amendment bans slavery, which is the ownership of a person, the newly born corporate "persons" cannot legally be bought and sold. Thus Wall Street — now a slave market — must be shut down! Let us all join hands and march for this new civil rights cause, chanting, "Free the Corporate Slaves!"
Meanwhile, Americans of all political stripes have risen in overwhelming opposition to the court's contortion of both the Constitution and common sense. In a Washington Post-ABC poll published last week, 85 percent of Democrats, 81 percent of independents and — get this — 76 percent of Republicans reject this act of gross judicial overreach.
So, with eight of 10 Americans decrying the decree and nearly as many demanding that it be reversed, we can expect swift and decisive action from Congress. Right?
Uh ... no. First, Republican leaders (who've consistently proven to be tail-wagging kowtowers to corporate power) flatly say they will oppose any legislation to restrict the ruling. Second, Democrats have designated Sen. Schumer to lead their effort to undo the decision. Schumer is a notorious CEO-hugging Democrat who serves as the party's chief shaker of the corporate money tree, so sending him into this battle is like going lion hunting with a flyswatter.
Sure enough, Schumer has started by declaring that he wants a reform that can get "bipartisan support" in the Senate, and he is not even considering anything as bold or effective as a constitutional amendment to force these corporate behemoths out of our elections. Instead, he's lamely offering a patchwork of regulatory fixes designed to cover up this theft of political power from actual people — fixes that corporate lawyers and lobbyists will riddle with loopholes.
To get remedies that work, We the People will have to take direct grassroots action. Already, three major national coalitions have formed to retrieve our democratic authority from the court and its corporate clients: MoveToAmend.org, FreeSpeechForPeople.org and FixCongressFirst.org. Let's get connected and get moving.
- Posted in


60 Comments so far
Show AllWe need grassroots support for a constitutional amendment. Groups supporting this include Public Citizen [ http://www.citizen.org/ ], Voter Action [ http://www.voteraction.org/ ], and the Campaign to Legalize Democracy [ http://www.movetoamend.org/ ]
Gary
“The peculiar evil of silencing the expression of an opinion is that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error.”
-- John Stuart Mill
A Constitutional Convention is the only thing that will save us at this point. I suspect we are past the point of no return.
As far as normal constitutional means are concerned, we are past the point of no return. We need "one big union", independent of the corrupted AFL-CIO and Teamsters, with the broadest of objectives, acceptable to left and right, that can organize strikes, boycotts and non-cooperation.
Tony Vodvarka
Sounds good. Where do I sign up?
At the big rock candy mountain
Aw, my hopes are dashed again!
Is that a Harry McClintock reference? (singer 1920s)
Wikipedia has a good article under the title.
http://www.iww.org/
Duly noted and bookmarked.
Thanks for the IWW site
Maybe this could be a start?
http://www.unionofunemployed.com/
Probably more of the same, but what if it could be made strong enough with enough people?
>>Bizarrely, the five court corporatists seemed to think that their sneak attack on America's democratic ideals was so cleverly done that it would be meekly accepted by the public and even widely applauded. Hardly. The ink of their signatures on this absurd opinion wasn't dry before the justices were pelted with ridicule.
The bloggers will vent, the ridicule will be heaped and then we'll meekly accept it. That's the way things work in modern America. Someone needs to clue Mr. Hightower in on this ugly reality.
-'Sure enough, Schumer has started by declaring that he wants a reform that can get "bipartisan support" in the Senate"
The Democrats will do nothing. And even if they reversed this latest court decision, The US congress was already hugely corrupt at that point, how do you think those corporate supreme court judges got confirmed in the first place?
This is probably the best heeled Congress ever. With so much money pouring in one hardly knows which bandwagon to get on first..Tons of money from Wall Street, from the military complex, from insurance companies. It must be hard to keep it all sorted out, difficult to remember which bill to vote for or against, but, Hey, its a blitz and everyone is doing it and if they do not get reelected, so what, they will be rewarded by any one of the 'donors' they have serviced.
Another step towards Fascism?
When the mountain crumbles, those at the top have the farthest to fall.
It will be interesting to see if any of them can walk on air.
Pity the rich and powerful. Their descent will not be slow.
I used to believe this but after watching for a number of years, just who it is that falls and gets hurt the most during bad times, it's rarely the rich and powerful. They have plenty of us to throw beneath them to cushion that fall. When the mountain crumbles we'll be a nice soft pile of rubble for them to land on and continue to crush.
You're right.
We have this image of rich people jumping out of their windows when the Crash happened in 1929. That's a myth. The people who jumped out of the windows were the brokers who worked for the uber rich. Think of the difference between Dan Akroyd's character in "Trading Places" and the uber rich twins he worked for.
The fact is the Crash was a good thing for the uber rich. Yes, their stock holdings went down in value, but they were so rich it didn't matter to them. So instead of having 300 million one of them might now have 30 million. But it also meant they could buy up hordes of stock and businesses at discount rates. When things finally got better they were MUCH better off than before. They came out like bandits.
The uber rich make money whether the market is bear or bull. The middle class can be destroyed in a bear market.
Having ignored much of "stock market stuff" most of my life, I recently attempted to educate myself as a result of the meltdown that only seemed to hurt the average working person, such as myself. You are so right with the "uber rich make money whether the market is bear or bull" because they work it so if a certain stock or stocks do well, they win, but they also work it that if a stock does bad they can win from that as well. They have all sorts of fancy names for these "heads I win, tails you lose" games. It is all so rigged and built on the backs of working people (labor) and they mostly don't even know it or assume they too will somehow be able to play those games. You don't get rich from working, you get rich from other people working.
Bipartisan, yes I am sssooo glad our politicians have heard our repeated vociferous pleas for BIPARTISANSHIP.
Thousands have marched to the gates of our ever so sensitive President crying Bipartisanship, risking prison and beatings.
Thank the Goddess we have politicians who heed our pleas.
Perhaps if someone would bother to chant end the endless wars, or single payer, or jobs now, or save our homes. or tax the rich Obomber would respond with the same elegant sensitivity to the peoples wishes as he does to the mass populist movement demanding bipartisanship. Snark!
Anyone who thinks there is hope in the Democratic Party, there's money waiting for you in a Nigerian Bank.
I heard Obomber did not renew the Tax cuts for the rich, but that Congress was bound to restore them. Also have big oil subsidies been removed?
If true why does not Obomber emphasize the little he has done correct?
Would it help if we were to provide that corporate money spent on broadcasting propaganda, i.e. any communication that is not a commercial, be disallowed as a business expense? Such a provision could be established by administrative rule making without new legislation, could it not? IRS already has the authority to define what expenses are deductible.
One could argue that it would not violate the First Amendment, since it does not regulate speech directly; it just says if you want to propagandize you must do so with your own money. After all, we real people must do it that way.
This is probably the only way it can be done. A Constitutional Amendment will not get through Congress, not while the Republicans and many Democrats are owned by the corporations the amendment would affect. But would the White House allow the IRS to do it?
I was arguing online with a pro-abortionist last night, and he kept maintaining that a fetus is NOT a human being.
Meanwhile, General Motors is.
I think there are many problems with letting money control education.
Umm, dude, you're on the wrong forum. Nutjob Righties Forum is three clicks to the right.
I'm glad you mentionned "righties."
My point was that America's political culture have decided that it's "left" to support abortion and deride hyperconsumption of oil, but it's "right" to support SUV consumption but deride the use of abortion.
In other words, whether you're left or right, you are OBLIGED to support the death of future generations by either abortion or by environmental collapse.
Is it any wonder we're in so much trouble with THESE kinds of limited options in our political opinions.
Votaire once said something to the effect of "I may not agree with what you have to say, but I will defend to the death your right to say it."
Why is everyone so up in arms about the Citizens United ruling? Does anyone think corporations were not involved in our politics before this ruling?
We live under corporate rule and will continue to do so until we stop listening to what they say. The answer is to stop listening, not to try to get them to stop talking. Trying to get them to stop talking by taking away their right to speak hasn't worked in the past and it won't work in the future regardless if Citizens United is overturned or not.
In any population there are those who are informed and those who aren't. In our population the informed tend to be either committed to conservative positions or to liberal ones. (Yes some of them aren't really informed but misinformed, but let's not worry about that in *this* comment.)
The uninformed don't read newspapers, they don't listen to intelligent discussions on television or radio, they don't read magazines, and they don't spend time doing research on the internet. They most likely are this way because they are over-worked and exhausted.
These uninformed people who vote are called "low information voters." How do they decided how to vote? Well it used to be that their low information views were shaped by those around them. The result would be that the division of low information votes pretty much was shaped by how high information voters divided. So the fact that there were low information voters in our democracy didn't really affect elections. The high information voters shaped it.
But then in 1919 Psychologist John B. Watson left academia and went to work for Madison Avenue. He changed advertising from being about informing customers to classically conditioning them. Products were no longer sold on what they were, but on what they were associated with: sex, beauty, power, popularity, youth, etc. We became a society based on marketing.
Over a few decades this came to be a science. Spend a lot of money on a good marketing campaign and the public would desire the product. After the Nixon-Kennedy debate in 1960 it became clear that this image was important in politics too. Over the decades elections turned into marketing. This marketing was all about shaping the views of the low information voter.
Until this SCOTUS decision both sides still were competitive in their ability to market their candidate. But now with the corporations able to spend tens of billions on marketing their candidate they pretty much own the low information voter.
Your idea that we just need to work to inform ourselves more is nonsense. The people who are low information won't hear you over the marketing that is 24/7 and very slick, expensive and professional.
"Trying to get them to stop talking by taking away their right to speak hasn't worked in the past and it won't work in the future regardless if Citizens United is overturned or not."
When Voltaire spoke the words that you quote, he was defending the rights of individual people to express distasteful and anti-social opinions. He was NOT defending large corporations use of mass media pulpits to manipulate public opinion through mass brainwashing - which is what we have now.
That the Supreme Court defends mass brainwashing means that the US needs a new constitution if it wishes its citizens to avoid Modern slavery. Though - considering that the US was created as a slave-supporting entity - perhaps the enslavement of Americans by media isn't such an aberration in the end.
qatzelok
"That the Supreme Court defends mass brainwashing means that the US needs a new constitution if it wishes its citizens to avoid Modern slavery."
Do you think that up to now we have avoided modern slavery? Every piece of leglislation that is enacted by government these days has to pass muster that it will not adversely affect the economy (in other words corporate profits).
Dozens of big companies destroy our enviroment, violate human rights, harm our communities and kill people or make them sick with dangerous products. Legislatures let them continue because to close them down would be harmful to the economy.
How is this different to the position of the South leading up to the Civil War? Slavery was a crutch upon which their economy relied. Southerners became slaves to slavery. Modern human beings have become slaves to corporate profits.
Corporations where granted "personhood" in 1886, not 2010; the column makes it sound like this is a brand new problem...
This is just a small part of the problem. A plutorcacy is defined as the rule of the wealthy - and the USA is a form of elected plutocracy. We "elect" people who are pre-selected and vetted by the very wealthy.
When access to power, the legal process and the democratic process is made to be so expensive that only the very wealthy have access, as we have had in the USA since the beginning, how can we call this society a democracy with a straight face in the first place?
It seems quite a few people that post here claim to admire the likes of: Zinn, Chomsky, Hedges, Hill, Wolin, Parenti, and others. At the same time many of these folks still maintain the assumption that there is democratic accountability and genuine democratic choice. I find this irrational and I simply cannot understand it.
Socialist,
You're right. Democracy has slipped from our hands. We now live in an aristocracy of corporations.
In my readings, which are not very broad concerning political science... perhaps someone can assist me here....
In the 1750's, pure democracy was seen by the founders as a horrible risk, something to be avoided in light of some of the failures of Roman and Greek democracy. They didn't trust the masses, which is apparently why Madison, the father of the Constitution, structured the government the way he did with the preference toward bi-carmeal legislature and the Electoral voter (now known as the Electoral College), arrived at from the Virginia Plan and the Connecticut Compromise.
In light of the pervasiveness of the "low-information voter" or the "fair-and-unbalanced" Faux-News viewer, I'm inclined to agree with the founders. US citizens are not smart enough to vote. And misnaming initiatives like the "Clear Skies Act", which actually polluted the air and rolled back EPA smokestack standards 100 years, makes the confusion for the voter hopelessly overwhelming. Lobbyists know this and intentionally deceive the public on a routine basis. Their "win at all costs" mantra has devolved the empire into a state of dysfunction rivaling late Rome.
I'm not sure voting does anything anyway. When my choices are GWB or John Kerry my choices are really Skull and Bones or Skull and Bones. When my choices are John McCain or Barak Obama, my choices are either perpetual war or perpetual war!
So from my touching the elephant in the dark room, it seems like ALL decisions are being made in the Wall Street Boardroom instead of with my elected officials. It seems like they are vetted before they are even allowed on the ballot (which is why Ralph Nader was unable to get his name on all 50 state ballots, and why he isn't allowed to participate in nationally televised debates that he would probably win if he was allowed a lectern.)
We've all heard of "Kitchen Cabinets" where the real decisions were made by the president's friends at his house. What it appears to me we have here is a lot worse. What we have here is a Corporate Cabinet..... working for the Imperial Corporations for Monopoly and Slavery instead of the figurehead president or the people.
The conditioned habit to plop down in front of the boob tube, instead of picking up rebel news rags like on the streets of early Boston, or at liberal college towns, means that corporations define reality for most citizens.
Selectable content is the answer. Video via the internet should be available for every college class conducted free of charge to citizens since the corporations have destroyed all education in the country. Instead of watching Wall Street Commercials all day, citizens could apply themselves to subjects that are important to us all.
If broadband grows significantly, the new interactive TV where you specify all content, will kill off the networks completely. This of course means that we have to keep the telecoms from selling our internet speed to only well-heeled companies.
The EFF (Electric Frontier Foundation) is super important in this regard.
www.eff.org
TJ
"All tyranny needs to gain a foothold is for people of good conscience to remain silent." - Thomas Jefferson
The Thirteenth Amendment does not explicitly prohibit the buying and selling of human beings. It does prohibit slavery, however, slavery in legal precedent pertains not to the contracts of buying and selling, but to the involuntary restraint upon the enslaved person. (This was the substance of the 1772 Somerset ruling by Lord Fairfax banning slavery in England and leading American slaveowners to head the cause for American independence, an issue that had been an unthinkable dead letter for a hundred years and would have never come to anything without their commitment.) That an exception was made for convicts indicates clearly that the involuntary restraint issue was primary to the drafting of the amendment. Corporate "persons" would be under voluntary restraint, and thus would allow themselves to be bought and sold, except in the case of the "hostile" takeover.
But persons are not allowed to sell themselves to voluntarily become slaves and others are not allowed to own voluntary slaves. Convicts are deemed to have forfeited many of their constitutional rights by committing illegal acts, and the state may imprison such individuals through the exercise of its police power to protect the society from danger.
Also, one could argue that corporate persons cannot voluntarily choose to be under restraint as the corporate person is simply an idea. The corporate managers are not the corporation, but instead are separate persons who are like the slaveowners, or possibly the overseers, who direct the actions of the corporation. A corporation by itself has no decision-making ability, but instead is controlled by other persons, the managers and shareholders, who make the decisions.
However, one could argue that the corporation, without any decision-making ability, needs a guardian or guardians, like an incapacitated person, but then the guardians should be appointed by a court, not by individuals who claim ownership interests, such as shareholders.
Corporate personhood is problematic on many levels and always has been. Taking this doctrine to the next level by the RATS and Kennedy only serves to further erode the integrity of and respect due to the US constitution.
Scribe: what democracy? Please explain
Adam Smith in the Wealth of Nations said "joint stock companies," or corporations, are inherently irresponsible, and that he could only think of a small number of commercial initiatives that justified their existence. He also wrote that, where these irresponsible enterprises could be justified, they should be subject to careful public oversight and government control.
Tick, tick, tick goes the Amurkan economic and political time bomb.
A lot of the smartest members of the American Left are over-the-hill, tired old men and women of the Old Left who've given up pushing for revolution and are just waiting for the whole Machine to implode--hoping against hope that globo-capitalism won't destroy so much of the planet by then that human beings can't survive in what's left it.
America destroys creativity here and resists it abroad. We need more people to think outside our capitalist manufactured, poultry processing plant writ global consensus. The central problem of our time as progressives in America is getting ideas from outside the corporatist box to enough of the masses to stimulate their creativity and desire for something morally and ecologically better.
I still think one of the best options to do this is for as many non-profit progressive, socialist, parecon groups as possible to obtain low power FM radio station licenses and blanket medium and large markets to compete in potential audience size with the corporate media. I've worked in TV, radio and film production and radio is by far the most fun media to work in. We need the equivalent of a new and more politically scathing and informative Firesign Theater, Colbert Report, Jon Stewart Show, Monty Python, etc., all over the airwaves coming in ten thousand different colors of the Left.
No matter whether your message is for people to grow and buy food locally, become energy self-sufficient, convert their old diesel to bio-diesel, organize local protests around key local issues or help organize a new umbrella progressive movement or Party I think low power FM is a great way to go.
It may be one of the only methods to get out our message to enough people because American capitalism has become so treacherous and is becoming so totalitarian that it is shutting windows of opportunity down faster and faster.
Now if you can get people to listen. Got to do better than Air America. Got to do a lot better, as how will folks know to listen when the radio audience is so atomized.
Now where exactly do we get the new "Firesign Theater, Colbert Report, Jon Stewart Show, Monty Python, etc" -- off YouTube? Who pays the bill for all this?
I like your idea -- just see some serious stumbling blocks.
Gary
"A monopoly on the means of communication may define a ruling elite more precisely than the celebrated Marxian formula of monopoly in the means of production."
-- Robert Anton Wilson
It's not that difficult. I founded a low-power FM station which is now operating with 50 volunteers. There's an outfit out of Philadelphia called the Prometheus Project which helped us every step of the way. All it takes is the desire to make it happen.
We found that the audience is out there, hungry for an alternative.
LOW POWER TO THE PEOPLE!
general,
What about podcasts? Do you have a link? Many viewers out of range, would like to sample your production over the net. Apple mac stuff makes this rather easy I hear. You record it digitally, and upload it onto your site so that I can get it on the other side of the world here.
In fact, the only reason we're typing through citizen-owned terminals is because of the efforts of the 1970's Homebrew counter-culture of hobbyists who championed pirate FM in the SF Bay area, free long distance phone calls with pirate "blue-boxes" and home computers among other things.
Before the FCC made it legal, Captain Constitution would broadcast his subversive diatribe from his VW Microbus moving his location every night so they couldn't triangulate his position. I think years later, they finally caught him. His exploits were mentioned in either the book "Steven Jobs" or "Pirates of Silicone Valley", I can't remember which now.
TJ
"All tyranny needs to gain a foothold is for people of good conscience to remain silent." - Thomas Jefferson
"With a cry of "Shazam!" the court ruled that, henceforth, every corporation — from Wal-Mart to Wall Street — is entitled to "speak" by spending unlimited sums from their treasuries to elect or defeat candidates for any and all public offices in our land, from city council to the presidency."
Which means that the CEOs and boards of directors who "speak" for this mindless construct are essentially telling it how its money will be used, which candidates should get elected and which ones should be defeated.
Wouldn't this be a form of coercion or perhaps criminal coercion via "impairing" the repuatation of the mindless corporation it speaks for? Is it also possible that there's a case for extortion here?
How are we to know that these humans are acting in the interest of "corporate personhood's" shareholders and not their own self-interest?
"So, with eight of 10 Americans decrying the decree and nearly as many demanding that it be reversed, we can expect swift and decisive action from Congress. Right?
Uh ... no. First, Republican leaders (who've consistently proven to be tail-wagging kowtowers to corporate power) flatly say they will oppose any legislation to restrict the ruling. Second, Democrats have designated Sen. Schumer to lead their effort to undo the decision. Schumer is a notorious CEO-hugging Democrat who serves as the party's chief shaker of the corporate money tree, so sending him into this battle is like going lion hunting with a flyswatter."
One wonders whether the politicians are terminally stupid, or just terminally corrupt. Probably both.
Time to get into the streets in nonviolent protests. It may take a few months, but I think we'll see mass protests by the autumn. I'm looking for groups willing to march, and trying to contact them. So far the response is slow, but it should pick up soon. Anybody finding such groups, please post them here ...
Why is anyone surprised at this court ruling?
You were warned with the election of Ronald Reagan. Remember he was the celebrity from Death Valley Days. He broke the unions, changed SS taxation, made tax cuts for the rich respectable, and fought illegal wars.
How can anyone be surprised?
Our liberal tolerance is the weakness conservatives exploit.
What a piss poor excuse and outright fantasy; if the D party betrays you time and again, why are you still loyal? Stockholm Syndrome?
Cicero: "Freedom is participation in power."
"Our liberal tolerance is the weakness conservatives exploit."
This is a poor choice of words. The root word of "liberal" comes from the Latin word for freedom. Liberalism supports freedom and extension of liberties to human beings, not paper legal fictions like corporations. Nor have social or economic liberals historically been the most passive subset of our society but the most active and willing to take risks in terms of protest and political ferment to achieve social progress. The American Revolution was a liberal bourgeoisie and agri-populist revolt against conservative aristocratic interests. The Abolition Movement to abolish slavery was THE most radical liberal protest group of its day and one whose membership included many deeply religious people. Women's suffrage, the labor movement of the 1920s and '30s, the Civil Rights movement, the anti-nuclear movement, the anti-war movement and the environmental movements all began as proudly liberal and activist movements.
A better choice of words might have been, "Our psychologically beaten down, emotionally exhausted, physically aging informed Left lacks the necessary courage and energy to resist Republican and DLC Democratic exploitation."
{edit} .... psychologically strong, emotionally resillent, physically aging and hesitent and less resillent of jail and beatings, see only a miniscule number of young people willing to continue the run with the baton.
"... see only a miniscule number of young people willing to continue the run with the baton."
I think that's wrong. I think the young will turn out over this ...