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My comment to the Supreme Court: Corporations Are Not "People"

by: btchakir

Sun Jan 24, 2010 at 12:26:47 PM EST


by btchakir

I have personally created several corporations in my time, and never once have I thought any of them to be separate "people" - if I had I would have been granting myself more than the "one man, one vote" concept of our Constitution and all related laws.

Now we have the Supreme Court allowing Corporations (and, yes, Labor Unions - also not separate "people") the ability to spend unregulated amounts of money on elections... because they are "people" within the law.

btchakir :: My comment to the Supreme Court: Corporations Are Not "People"
This is scary. In his weekly radio address, President Obama said:
"This ruling opens the floodgates for an unlimited amount of special interest money into our democracy. It gives the special interest lobbyists new leverage to spend millions on advertising to persuade elected officials to vote their way -- or to punish those who don't.

---

"I can't think of anything more devastating to the public interest. The last thing we need to do is hand more influence to the lobbyists in Washington or more power to the special interests to tip the outcome of elections."


(You can get all of Obama's comments in his weekly address HERE.)

I believe one of the main issues that the Conservatives have claimed to have brought to the Supreme Court is the idea that they do not make law, but only interpret the Constitution.

Well, they have not only made law here, they have overturned laws that have served us well since the Teddy Roosevelt Administration in 1907 - 102 years. During that century-plus, the law was updated, improved, added to by both Democrats and Republicans and made consistently better, all in an effort to guarantee our citizens (ie: human beings not organizations) the absolute power of "one man, one vote" without overpaid arm bending and potential blackmail by corporate interests.

So what do we do with a law-making Supreme Court that clearly has a majority of its members firmly planted in corporate pockets? Dahlia Lithwick, in Slate, has called the Supreme Court's action The Pinocchio Project - they have turned the concept of the corporation into a "real, live boy." Justice Stevens, in his partial dissent, commented that the Framers of the Constitution kept a "cautious view of corporate power" - something the current Supreme Court seems to be not only uncautious of but supportive of.

Can Congress create law to overturn this decision? I don't know. What we need is the unlikely event that will throw the Court's majority back to a more centrist (or, dare I say it, more progressive) majority. Remember, Justice Earl Warren, who brought a truly Constitutional view of Civil Rights to the Court in the 50s and 60s, was a Conservative Republican when appointed. There is the odd chance that a right-leaning Justice will actually see the error that was made here and turn the Court around.

It's possible. It's unlikely.

Under The LobsterScope

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In other news on the subject (0.00 / 0)
Ken Hechler's old friend, campaign finance reform crusader Granny D, turned 100 this weekend



and (0.00 / 0)
you can find her statement on the SCOTUS decision here.

[ Parent ]
I like her suggestions (0.00 / 0)
She proposes extending public financing of elections, but also acknowledges that alone is not enough.

Another proposal is to tighten conflict of interest provisions:

Should you ethically vote on health issues if health companies fund a large chunk of your campaign? The success of your campaign, after all, determines your future career and financial condition. You have a conflict.

The Senate is broken. It's going to take some creative thinking to overcome the forces keeping it broken.


[ Parent ]
The Pinocchio Project (4.00 / 3)
""Dahlia Lithwick, in Slate, has called the Supreme Court's action The Pinocchio Project - they have turned the concept of the corporation into a "real, live boy."" Too funny.  That is at the heart of it.  The whole thing is premised on a legal fiction - key word being fiction.  Corporations are "persons" by means of a legal fiction which the courts adopted.  Ascribing constitutional rights to immortal, amoral, profit production entities which are entirely creatures of legal constructs we have chosen to create is silly from the get go.  We have to attack the problem at the structure of the corporate entity itself.  And we actually can - as long as the USSCT does not say the Frankenstein has a right to rampage at will since it is now "alive" - :-)

well said (0.00 / 0)
Thanks for the diary btchakir and this comment Walt. This decision is really bad both on its legal merits and in its consequences.

[ Parent ]
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