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writing for godot

Who Says Corporations Are People?

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by Robert J Gaydos   
Thursday, 05 January 2012 09:32


While most of the country was going about the business of welcoming the new year and hoping it would be more rewarding than the departing one, an event was taking place in a sparsely populated state in the middle of the country that could have a profound effect on the future political landscape of America.

What? Oh God, no. Not the Iowa caucuses. What a joke that is. Every four years, about 100,000 mostly older, mostly white, mostly conservative, almost certainly evangelical Christians pay their dues, eat a bunch of free food and vote for a Republican who hasn’t got a chance in hell of ever being elected president of the United States. They call it democracy in action. Except for TV news channels, the rest of the country ignores the process, never mind trying to understand it.

No, the big political news was made farther west and north, in an even less-populated state -- Montana. In a decision it released late Friday, when no one was paying attention, the Montana Supreme Court ruled that the state’s century-old law banning direct corporate spending on political candidates or parties was still valid, despite the 2010 ruling by the U.S. Supreme Court which said corporations have the same rights as individual citizens when it comes to making contributions to candidates.

For anyone who hasn’t been paying attention, control of the political process -- candidates, legislation, regulation, entire agendas -- by major corporations is the chief problem with the political system in the United States today. Whoever raises the most cash almost always wins and that cash always comes with strings and muzzles attached. Unlimited corporate contributions also inevitably lead to negative, sometimes downright nasty, political advertising because candidates don’t have to affix their names to the ads. They are paid for by corporations and fueled by anonymous sponsors.

Ask Newt Gingrich, who asked his fellow Republican candidates to play nice in Iowa, what he thinks about the nasty ads attacking him paid for by groups that support Mitt Romney. Newt simply called Mitt a liar directly.

Romney, of course, has famously said that “corporations are people, too.” Funny about that. The Montana court ruled 5-2 against that view and perhaps the most powerful argument against the corporations-are-people argument came from one of the dissenting judges.

Justice James C. Nelson, one of my new heroes, dissented because he does not think the U.S. Supreme Court’s ruling in Citizens United v. Federal Elections Commission allows for states to exempt themselves from it. But he left no doubt where he stood on the matter of equal rights for corporations:

“Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people -- human beings -- to share fundamental, natural rights with soulless creatures of government.

“Worse still, while corporations and human beings have many of the same rights under the law, they clearly are not bound equally to the same codes of good conduct, decency and morality, and they are not held equally accountable for their sins. Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons.”

Montana’s long opposition to corporate spending in politics stems from a time when copper and coal industries dominated the sparsely populated state, using their vast resources to buy elections. The case involved a corporate alliance that did massive fundraising based on the lure of no one ever knowing who donated to their cause. It’s what the Occupy Wall Street movement is about today -- the vast disparity in control of the political system and government with the richest 1 percent of the population dominating the agenda.

Montana gets it. The hope is that other states will follow suit. The immediate hoped-for effect is that the American Traditions Partnership will appeal the ruling, saying that the federal court’s ruling applies to state laws as well. That would set up a test case in the U.S. Supreme Court.

One senator isn’t waiting for that to happen. With this year’s campaign spending by “non-political” groups sure to approach $1 billion, Vermont’s independent Bernard Sanders has introduced the Saving American Democracy Act. It would set up a process for a constitutional amendment to repeal the Citizens United ruling. The amendment would make clear that corporations are not people with constitutional rights, that they cannot contribute to election campaigns, that they are subject to regulation and that Congress and the state can regulate election campaign spending. The New York City Council voted Wednesday to support the amendment. The Working Families Party is circulating a petition on the issue. Other groups are planning protests for Jan. 21, the second anniversary of the Citizens United ruling.

Overturning the ruling will not be a quick or easy process, but it has to start somewhere. Big Sky country sound like a perfect place.

 

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-1 # The Rising Populist 2012-01-07 16:47
The fundamental point you are missing is that people do not surrender their rights when they form organizations.

Implicit to "democracy" is choice--so then why is it that you are inhibiting the right of people to pool their resources in order to make choices about which candidates to support?

Because you want to use the State as a rod with which to beat people into submission to an overly romanticized ideal of a government of angels.
 
 
0 # RICHARDKANEpa 2012-01-07 17:43
Sorry we are machines. It's the machines that are people. No don't ask Romney. Ask the Drone Airplanes who will be in charge, after Iran, and al Qaeda keep fighting for contral of the US unmanned aircraft the US sent over their lands.
 
 
0 # tmagstadt 2012-01-08 07:25
The Rising Populist is the one "missing a fundamental point". Organizations do not become people or gain the same rights as people simply because people have formed them. If the CEO of American Airlines wishes to contribute to a political campaign, that is his or her right within the limits established by duly elected representatives of the people. Note the redoubtable Abe Lincoln's immortal words "government of the people, by the people, and for the people." No mention of government by the corporations.
 
 
0 # RMDC 2012-01-08 10:43
Corporations are instrumentaliti es, i.e., artificial creations deisgned to do just one thing or a series of related things. Mostly that is make money. If they don't make money, they die.

People are not instrumentaliti es. They were not created to do things. They are ends in themselves.
 
 
0 # Bobn 2012-01-08 14:50
Romney was half right, sort of. Corporations are made up of people, but only a tiny number at the top of the org chart get to decide where to put the millions of dollars of "speech" into whose campaign. And that decision will be made on the basis of who will support legislatioh that will allow the greatest profit to the corporation. More profit means higher pay for the CEOs and their cronies on the Board. The 0.01% (that is, one ten thousandth) rule again! Corprations were once invented and permitted to protect their owners and managers from personal legal responsibility if things went awry (see BP in the Gulf). And corporations once had to come before the State every year or two to renew their charters, so the "public" could see if they were still doing what they said they would. No more. Corp's have become eternal, claiming as a business expense the battery of lawyers that figure out how to exploit loopholes that their lobbyists and their congressional minions have managed to weasel into the laws they pass. And their massive profits don't all go to people, Mitt. Corp's are now sitting on billions of "retained earnings", not creating jobs and expanding their business. They say it's because of their uncertainty about the future. What they are certain of is they want the country to be in such bad shape that they will get rid of President Obama and get even richer.
 
 
0 # RMDC 2012-01-08 19:32
I don't think so. Corporations are not people because the are made up of people. They don't need any one to be a person. They have "legal personhood." Every reference in law or the US constitution to "person" refers both to "natural persons" and "legal persons." That's what makes them people.

The USG wrote the Constitution for Iraq so that its legal personhood would be much more extensive that ours. They conceptualized the term "person" as a "legal person" from the very start. Obviously the writers of the US constitution did not have "legal persons" in mind when they wrote the US constitution in Philadelphia in 1787.
 

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