January 18, 2012
I fully support a movement to enact a 28th amendment to the U.S. Constitution that rejects and will undo the the recent SCOTUS decision ‘creating people’ of mere ‘legal abstractions’. The idea that corporations —mere legal abstractions –are people is insidious and endangers American Democracy. While ‘real people’ are held to the letter of the law and often imprisoned for wrong doing, the very purpose of ‘corporate personhood’ has had the effect, in practice, of placing ‘corporations’ above-the-law.
A proposed amendment would reverse the decision of the high court with respect to Citizens United v. Federal Election Commission. In a 5-to-4 vote, SCOTUS ‘created’ real people of mere corporations declaring that corporations have, among every Constitutional right, a right of ‘free speech’ under the First Amendment. It was declared that the government may not ‘impose restrictions’ on the political speech that corporations may indulge. As a result, corporations and other special interest groups are now given license to spend “unlimited amounts of money on elections.” It was a green light to corporations: buy and/or support any candidate with as much money as you want to spend! The decision could not have been a bigger afront to Democracy, i.e, government of the people. Free speech is a right of people as affirmed by our founders. That corporations may now claim that right is simply fascism. Pure and simple!
The ORIGIN of ‘corporate personhood’ is found in an informal note from a CLERK: “The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment to the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws.”
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that “no state shall … deny to any person within its jurisdiction the equal protection of the laws.” Prior to this mere clerk’s mere note, NO ONE had believed that the 14th amendment applied to anyone but real people. Nor does it now! Scalia’s court blew it again! If Scalia had a last remaining vestige of conscience, he would confess that he 1) blew it; 2) admit that he is a bought and paid for tool; 3) RESIGN!