What is your problem with corporations?
The Corporation is the dominant institution in modern America and the world. In fact, 53 of the 100 largest economies in the world are corporations. By law, the primary purpose of US business corporations is profit for shareholders so they act single-mindedly in an unending effort to increase their share value with little regard for the environment, worker justice, product safety, etc.
Why shouldn’t corporations be able to spend their money to influence elections?
Democracy means rule by the people. When powerful corporations--even transnational corporations--are free to fund campaigns to support or oppose candidates in elections, they can essentially ‘buy’ the government they want. If the 100 biggest corporations spent 1% of their profits to sway voters, they would out-spend the all the campaigns for the Senate, House of Representatives and US president combined.
Corporations have a place in our economy but they do NOT have a place in our democracy!
What is ‘corporate personhood’ and why do you think it’s a problem?
‘Corporate personhood’ is a US Supreme Court precedent which holds that corporations were intended to enjoy the legal protections created for human beings. Obviously, corporations are not human and do not need the rights and protections that were only intended for humans. Actually, it's often people who need protection from corporations.
How did corporations come to get constitutional protections?
Railroads were the mega-corporations of the mid- to late-1800s. Skillful railroad lawyers argued repeatedly before the Supreme Court that corporations were intended to enjoy the protections defined in the 14th Amendment (which was intended to protect freed slaves). In the Santa Clara County v. the Southern Pacific Railroad Supreme Court case of 1886, the court clerk (a former railroad attorney!) erroneously wrote in the headnote (summary) that the Court had ruled on the question of ‘corporate personhood’ and had found that a corporation is a “natural person.” ‘Corporate personhood’ has been used as a precedent since then.
What about the idea that ‘money equals speech?’
In 1976, the Supreme Court ruled in Buckley v. Valeo that political money is equivalent to speech. This ruling expanded the 1st Amendment’s protections to include financial contributions to candidates or parties. The doctrine applies to spending by people as well as by corporations so the super-rich can also spend unlimited money to influence elections.
This precedent was a basis for the CITIZENS UNITED decision.
How did the US Supreme Court justices decide CITIZENS UNITED as they did if it was such a bad idea?
The ruling was decided by a severely split court with 5 justices for the ruling and 4 justices opposed. Historian Thom Hartmann devoted part of a chapter of his most recent book, Reclaiming the American Dream, to the remarkable struggle of the Supreme Court over CITIZENS UNITED as well as to the history of 'corporate personhood.'
Why do we need to amend the US Constitution?
The US Supreme Court is ‘supreme’ among the 3 branches of the government. So if Congress were to pass a law challenging the precedents of ‘corporate personhood‘ or ‘money equals speech’ or closing the floodgates of cash that CITIZENS UNITED opened, the Supreme Court could simple rule the law unconstitutional. In fact, several laws were overturned or gutted by the CITIZENS UNITED decision.
What is the process to amend the US Constitution?
A constitutional amendment can either come from a 2/3 majority vote of both houses of congress or from a constitutional convention being convened at the request of the legislatures of 2/3 of the states. Then the amendment must be ratified by either the legislatures of ¾ of the states or by conventions in ¾ of the states. All 27 amendments that have passed in US history, have been proposed by Congress.
