Are you a person or an IPO?

January 23rd, 2011

Vermont Senator Virginia Lyons

Ever since the idiots on the United States Supreme Court who cannot tell the difference between a baby and a stock certificate, that is, “Justices” Kennedy, Roberts, Alito, Scalia, and Thomas, decided that corporations have the same rights to speech under the First Amendment as individual human beings, thus removing any possible legal impediment to an inundation of corporate political campaign spending, there has been a howling need to amend the Constitution to repair the damage.  Now the Vermont legislature is taking a step to do just that.  Readers of this blog who are Vermont residents, please call your Senators and Representatives and urge them to support J.R.S. 11.  Readers from other states, please ask your legislators to emulate Vermont and pass something like the following as soon as possible.

J.R.S. 11. Joint resolution urging the United States Congress to propose an amendment to the United States Constitution for the states’ consideration which provides that corporations are not persons under the laws of the United States or any of its jurisdictional subdivisions.
Whereas, free and fair elections are essential to American democracy and effective self-governance, and
Whereas, individual persons are rightfully recognized as the human beings who actually vote in elections, and
Whereas, corporations are legal entities that governments create and can exist in perpetuity and simultaneously in many nations, and
Whereas, they do not vote in elections and should not be categorized as persons for purposes related to elections for public office, and
Whereas, corporations are not mentioned in the United States Constitution as adopted, nor have Congress and the states recognized corporations as legal persons in any subsequent federal constitutional amendment, and
Whereas, during the 1885–1886 United States Supreme Court term, in the midst of oral arguments leading to the decision Santa Clara vs. Southern Pacific Railroad Company, 118 U.S. 394, Chief Justice Waite stated that all the
justices agreed that the Fourteenth Amendment’s prohibition on a state denying equal protection to a person applies to a state’s treatment of private corporations, and
Whereas, this brief but extraordinarily significant comment of Chief Justice Waite sanctioned private corporations to sue municipal and state governments for adopting laws that violate a corporation’s rights even when those laws
serve to protect and defend the rights of human persons, and
Whereas, the United States Supreme Court has continued to adhere to this legal position in its jurisprudence for over a century, and most recently applied it in its decision Citizens United v. the Federal Election Commission,
130 S.Ct. 876, that eliminated many restrictions, including any total prohibition, on corporate spending in the electoral process, and
Whereas, the Court in Citizens has created a new and unequal playing field between human beings and corporations with respect to campaign financing, negating over a century of precedent prohibiting corporate contributions to
federal election campaigns dating to the Tillman Act of 1907, and
Whereas, the Citizens decision has forced candidates for political office to divert attention from the interests and needs of their human constituents in order to raise sufficient campaign funds for election, and
Whereas, corporations are not and have never been human beings and therefore are rightfully subservient to human beings and the governments that are their creators, and
Whereas, the profits and institutional survival of large corporations are often in direct conflict with the essential needs and rights of human beings, and
Whereas, large corporations have used their so-called rights to successfully seek the judicial reversal of democratically enacted laws passed at the municipal, state, and federal levels aimed at curbing corporate abuse, and
Whereas, these judicial decisions have rendered democratically elected governments ineffective in protecting their citizens against corporate harm to the environment, health, workers, independent business, and local and regional
economies, and
Whereas, large corporations own most of America’s mass media and employ those media to loudly express the corporate political agenda and to convince Americans that the primary role of human beings is that of
consumers rather than sovereign citizens with democratic rights and responsibilities, and
Whereas, the only way to reverse this intolerable societal reality is to amend the United States Constitution to define persons as human beings and not corporations, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly urges Congress to propose an amendment to the United States Constitution for the states’ consideration which provides that corporations are not persons under the laws of the United States or any of its
jurisdictional subdivisions, and be it further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to the Vermont Congressional Delegation.

This entry was posted on Sunday, January 23rd, 2011 at 4:05 pm and is filed under Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

3 Responses to “Are you a person or an IPO?”

  1. James Sylvester Says:

    Dear Seth,

    Glad to see you post notice of this Pending State Legislation supporting a U.S. Constitutional Amendment to nullify Citizens United v The Federal Election Commission. Citizens has done great harm to the democratic process by the abuse that corporations can do to campaign financing and the fact that their “personhood” is a legal fiction that taketh from but gives nothing to the democratic process or the law. Keep those who read your blog informed of any way that this pending legislation can be supported. Sincerely, James L. Sylvester

  2. James Sylvester Says:

    Dear Seth,

    Since I do not have a website only the ISP of surfglobal.net, I can respond no other way. JAMES L. SYLVESTER

  3. nhà th?u xây d?ng 4news Says:

    oh.this is a nice post

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