The Key To The Recovery of Our Democracy

The Key to Democratic Recovery

I believe that I express the feelings and opinions of most of us in the MCDCC when I say that we want:
Universal free education
Universal health care (preferably Medicare for all)
Monetary System & Banking reform
Campaign finance reform (preferably publicly funded)
Election reform (every vote counted and verifiable)
Energy independence (through green energy)
Bringing manufacturing and jobs back to this country
etc., etc., etc.
We may not agree on the order of the list, but the list itself is pretty representative of our concerns. There is, however, one underlying principle that is preventing us from implementing that list; even with a Democratic majority in the Legislature: Corporate Personhood.

For over 120 years there has been a concerted effort to increase the power and rights of corporations, and it has been extremely successful. Even though it had some setbacks stemming from the FDR administrations, the general trend has been upward and recently has been climbing at a 90° angle. CP has now brought us to the point that Corporations can donate large sums of money to our legislators and employ obscene numbers of lobbyists to fight laws that reinstate the rights of the people and write laws that promote their own mercenary interests. We have to stop them!

Corporate Personhood was fraudulently established in 1886 as the result of a summary, written by the court reporter, J. C. Bancroft Davis. It was not a part of the Court's decision in Santa Clara County vs Southern Pacific Railroad. In fact, the Court's decision specifically stated that no Constitutional issues were addressed in the decision. They stated this because several of the arguments presented by the defendant, Southern Pacific Railroad, were based on 14th amendment rights of equal protection under the law. The tax issue was resolved in favor of SPR but the decision mentioned nothing regarding “personhood”. In the summary, which has no weight in law, however,
J.C. Bancroft Davis declared: “The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment of the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws.”[emphasis added]

Based on this misinterpretation, subsequent cases gave corporations the rights of privacy (warrant required), trial by jury, free speech (the right to make unlimited political contributions, the right to Lie), due process, and more.

In their original incarnation Corporations were chartered for a specific purpose and when that purpose was achieved, the Corporation was dissolved. Any infraction of laws or abuse of privileges granted led to dissolution. We must return to that level of control over corporations.

Passing a Constitutional Amendment confirming the intent of the founders of our nation, that the Constitution means “person” to be limited to “natural person” is the first and fundamentally most important step in reversing the degradation of our Democracy and the defeat of a Fascist movement. And we can do it. From this will flow election reform, incorruptible voting standards, monetary reform, national health care, and all other necessary changes.

We proved in the last presidential campaign that we have the power to effect change in this nation and that we can neutralize the influence of money in our elections. We won in spite of the fact that voting processes have been corrupted, that hundreds of millions of dollars were deployed against us, that lies were and are told without restraint to obfuscate the real issues. We built a campaign from the bottom up, appealing to democrats and independents on their doorsteps. We learned that when we band together and contribute in small amounts, when we throw our time and passion into the equation, we will prevail. The power rests in YOU.