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marmar Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-11-09 06:47 PM
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Oldie but Goodie: How Corporate Personhood Threatens Democracy
from POCLAD:



How Corporate Personhood Threatens Democracy
By Kimberly French

Originally Published: UU World XVII:3 (May/June 2003) www.uuworld.org


--------------------------------------------------------------------------------



Wearing a garland of flowers, Ward Morehouse rose to address the thousands gathered in a sunny park in Bhopal, India, on the tenth anniversary of the worst industrial accident in history. In December 1984 a huge chemical leak at the Union Carbide pesticide factory there had killed more than 15,000 people and injured hundreds of thousands. To this day, the company has never been prosecuted for its negligence and the suffering it caused.

The tall, white-skinned Morehouse, the only non-Indian invited to speak at the 1994 commemoration, pledged in Hindi and in English never to let the world forget "the Hiroshima of the chemical industry." Many of his fellow marchers carried stone slabs inscribed with the names of loved ones. Along the demonstration route, art by children orphaned in the disaster showed people screaming, bodies lying on the street, Uncle Sam holding out a bag of money. On reaching the shut-down factory, the crowd turned to Morehouse, an American, to ignite a ten-foot papier-mâché effigy of the U.S. company's chairman, Warren Anderson, in a symbolic sanctification of those profaned grounds.

For many Bhopalis, Morehouse is a folk hero—the person who has carried the torch of their struggle out of India and into an international network of activism. For activists around the world, he is a high-energy éminence grise for the social justice cause and a deep thinker about the roots of the world's ills. And for the past decade Morehouse, a third-generation Unitarian Universalist who lives in Holyoke, Massachusetts, has been breaking ground for a new citizens' movement pushing for a tectonic shift in the political-economic landscape—a movement to wrest away the staggering power that global corporations have over individuals' lives and replace it with true democracy.

After four decades battling the abuse of power in the world, Morehouse realized that the methods of social justice activists—the tactics he had used his entire career—were not working and never would. In his view, those who seek to change the world must now focus on one radical goal: to legally redefine the role of corporations in our society and drastically limit the wealth and power they are allowed to amass. In the past decade he has become one of the pioneering theorists and principal activists in this new movement.

But that is not the way Morehouse would tell his story. Never one to seek the spotlight, the seventy-four-year-old activist scarcely talks about his own accomplishments. Instead, he prefers to praise the colleagues and organizations with whom he works. Or, with erudition and practicality, he turns the conversation to the democratic principles to which he has committed his life. ......(more)

The complete piece is at: http://www.poclad.org/articles/french01.html





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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-11-09 06:56 PM
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1. corporations have more rights than any individual, thanks to our congress and presidents -
all presidents of the later years that is.

Msongs
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Wednesdays Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-11-09 08:32 PM
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2. K&R
:kick:
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ColbertWatcher Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-11-09 08:33 PM
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3. Off you go to the greatest! k+r, n/t
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-12-09 12:05 AM
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4. Excellent. Thom Hartmann has also written some great stuff on this subject.
Now Corporations Claim The "Right To Lie"

<snip>

Lincoln's suspicions were prescient. In the 1886 Santa Clara County vs. Southern Pacific Railroad case, the U.S. Supreme Court ruled that the state tax assessor, not the county assessor, had the right to determine the taxable value of fenceposts along the railroad's right-of-way.

However, in writing up the case's headnote - a commentary that has no precedential status - the Court's reporter, a former railroad president named J.C. Bancroft Davis, opened the headnote with the sentence: "The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteen 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."

Oddly, the court had ruled no such thing. As a handwritten note from Chief Justice Waite to reporter Davis that now is held in the National Archives said: "we avoided meeting the Constitutional question in the decision." And nowhere in the decision itself does the Court say corporations are persons.


Nonetheless, corporate attorneys picked up the language of Davis's headnote and began to quote it like a mantra. Soon the Supreme Court itself, in a stunning display of either laziness (not reading the actual case) or deception (rewriting the Constitution without issuing an opinion or having open debate on the issue), was quoting Davis's headnote in subsequent cases. While Davis's Santa Clara headnote didn't have the force of law, once the Court quoted it as the basis for later decisions its new doctrine of corporate personhood became the law.

Prior to 1886, the Bill of Rights and the 14th Amendment defined human rights, and individuals - representing themselves and their own opinions - were free to say and do what they wanted. Corporations, being artificial creations of the states, didn't have rights, but instead had privileges. The state in which a corporation was incorporated determined those privileges and how they could be used. And the same, of course, was true for other forms of "legally enacted game playing" such as unions, churches, unincorporated businesses, partnerships, and even governments, all of which have only privileges.

But with the stroke of his pen, Court Reporter Davis moved corporations out of that "privileges" category - leaving behind all the others (unions, governments, and small unincorporated businesses still don't have "rights") - and moved them into the "rights" category with humans, citing the 14th Amendment which was passed at the end of the Civil War to grant the human right of equal protection under the law to newly-freed slaves.

On December 3, 1888, President Grover Cleveland delivered his annual address to Congress. Apparently the President had taken notice of the Santa Clara County Supreme Court headnote, its politics, and its consequences, for he said in his speech to the nation, delivered before a joint session of Congress: "As we view the achievements of aggregated capital, we discover the existence of trusts, combinations, and monopolies, while the citizen is struggling far in the rear or is trampled to death beneath an iron heel. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people's masters."

<snip>


http://www.commondreams.org/views03/0101-07.htm

an interview.
http://www.buzzflash.com/interviews/05/01/int05004.html
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