We the People v.
Corporate “Persons”
 Our Threatened Democracy
 Role of Supreme Court
 Regaining Sovereignty
Presented by (Affiliate & presenter’s name here)
Contact: (email & phone numbers here)
www.MoveToAmend.org
Has depleted our power to regulate corporations
www.MoveToAmend.org
Excessive Corporate Influence
 Electoral process (unlimited
contributions)
 Legislation, e.g.:


Trans Pacific Partnership (TPP)
Tax loop-hole for fund managers
 Cuts to regulatory agencies
 Constitutional rights
www.MoveToAmend.org
Corporate Influence on Elections
Green line = 501(c)(4) = Dark Money
Source: Center for Responsive Politics
www.MoveToAmend.org
www.MoveToAmend.org
Corporate Influence on Legislation
Hip replacement
Lipitor
U.S. average:
U.S. average:
$40,364
$124
Spain average:
New Zealand:
$ 7,631
$
6
Source:
http://www.nytimes.com/2013/06/02/health/
www.MoveToAmend.org
Source:
http://www.countysustainability.ca/
Regulatory Agency Cuts
Source: http://www.foreffectivegov.org.
1980 – 2005: Inspections down from 1.77 to 0.668 per 100,000 worker.
1981 – 2011: Workplaces double; inspectors per workplace cut in half.
www.MoveToAmend.org
Supreme Court: Overview
 States must treat corporation as “persons”
(14th)
 Corporation must maximize shareholder
wealth
 Protected from search (4th)
 Protected from “takings” (5th)
 Granted free speech; money = speech
(1st)
www.MoveToAmend.org
14th Amendment prior to 1886
“The clause which forbids a State to deny to
any person the equal protection of the laws
was clearly intended to prevent the hostile
discrimination against the negro race… a
strong case would be necessary for its
application to any other.”
(Source: The Slaughterhouse Cases (1873). Justice Miller. at:
www.law.cornell.edu/supremecourt/text/83/36)
www.MoveToAmend.org
14th Amendment: 1886 & 1888
Santa Clara Headnote:
“The Court does not wish to hear argument on the question of whether
the 14th Amendment to the Constitution…applies to corporations. We are
all of the opinion that it does.”
Source: Santa Clara County v.
Southern Pacific Railroad.
At: http://caselaw.lp.findlaw.com
Pembrina:
“Under the designation of person (in the 14th Amendment) there is no
doubt that a private corporation is included.”
Source: Pembrina Consolidated Silver Mining
and Milling Company v. Pennsylvania.
Justice Field. At: http://grammar.ucsd.edu
www.MoveToAmend.org
4th Amendment (Search) 1906
Justice Brown: “…we do not wish to be understood as
holding that a corporation is not entitled to immunity, under
the 4th Amendment, against unreasonable searches and
seizures.”
Justice Harlan, dissenting
“In my opinion, a corporation - an artificial being -, invisible,
intangible, and existing only in contemplation of law cannot
claim the immunity given by the 4th Amendment; for it is not
a part of the 'people,' within the meaning of that
Amendment.
Source: Hale v. Henkel. http://caselaw.lp.findlaw.com/
www.MoveToAmend.org
Dodge v. Ford 1919: The goal of a corporation is
shareholder wealth maximization1
Wealth maximization is only one contributor to
the General Welfare
•
•
•
•
•
Other Contributors:
Health;
Clean air and water;
Ethical behavior;
Recreational opportunities
Welfare of future
generations
1Supreme
Court Decision 1919, Dodge vs Ford. Source:
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=2345&context=fss_papers
www.MoveToAmend.org
5th Amendment. Takings: 1922 vs. 1991
“Government hardly could go on if to some extent values
incident to property could not be diminished without paying for
every such change in the general law.” Justice Brandeis,
Source: Pennsylvania Coal Co. v. Mahon at:
1922., “
https://www.law.cornell.edu/supremecourt/text/260/393
“The grand plan was to make government pay compensation
as for a taking of property every time its regulations impinged
too severely on a property right—If the government labored
under so severe an obligation, there would be, to say the least,
much less regulation.” Charles Fried, 1991.
Source: Order and Law in Echeverria & Hansen-Young, ”The Track Record on Takings Legislation: Lessons
from Democracy’s Laboratories. Georgetown Environmental Law and Policy Program.2008.
www.MoveToAmend.org
1st Amendment. 2010
“The judgment of the District Court is
reversed with respect to the constitutionality
of … restrictions on corporate independent
expenditures.”
Source: Citizens United v. Federal Election
Commission. At: http://caselaw.lp.findlaw.com
www.MoveToAmend.org
Regaining Sovereignty: Government
Basics
We the people
are sovereign
People
We delegate our
authority to the
state & federal
governments
Government
State
governments
create artificial
entities:
Corporations
Unions
NGOs
www.MoveToAmend.org
We Can & Must Rein in
Corporations
We the
People are
Sovereign
www.MoveToAmend.org
The Means: Constitutional Amendment
 19th: Women get the right to vote
 Overturns Minor v. Happersett
 28th Proposed: Corporations are not people
 Overturn corporate Constitutional rights
 Two paths:
A. Congress proposes (2/3 of both houses)
B. States call Convention (2/3 of legislatures)
Either path requires ratification by 3/4 of states
www.MoveToAmend.org
Corporations are NOT People
The General Welfare has precedence over
Wealth Accumulation
Corporations are abusing our
Constitutional Rights – END IT
www.MoveToAmend.org
THANK YOU!
Questions?
www.MoveToAmend.org
Selected Resources
Allison, Jim. The Prosecution of Judge Waite. Available at:
https://www.youtube.com/watch?v=0ykmVqPoAcs. Starts about 3 minutes into video. Pdf
available at: http://www.thealliancefordemocracy.org/pdf/JudgeWaite.pdf.
Echeverria, J. and Hansen-Young, T.. The Track Record on Takings Legislation: Lessons
from Democracy’s Laboratories. Georgetown Environmental Law & Policy Institute. 2008.
Available at: http://www-assets.vermontlaw.edu
Grossman, Richard L. and Frank T. Adams. Taking Care of Business Citizenship and the
Charter of Incorporation. In Defying Corporations, Defining Democracy. Dean Ritz, ed.,
Apex Press. New York. 2001.
Kendall, Douglas T. and Charles P. Lord. The Takings Project: A critical analysis and
assessment of the progress so far. Boston College Environmental Affairs Law Review.
Vol. 25. 1998. Available at:
http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1280&context=ealr
Powell, Lewis F. Confidential Memorandum: Attack on American Free Enterprise System.
Available at:
http://law2.wlu.edu/deptimages/Powell%20Archives/PowellMemorandumTypescript.pdf
www.MoveToAmend.org