hearts and minds

July 25, 2012

CONSTITUTIONAL AMENDMENT to end legalized bribery and to protect the rights of the people

A proposed Amendment to the U.S. Constitution (1) to establish that a corporation is not a person, under the Constitution, and (2) to establish that money is not equivalent to Constitutionally protected speech, and (3) to protect the sovereignty and the inalienable rights of the people under this Constitution.

Section 1 [A corporation is not a person]

Corporations and other artificial entities, which are established and defined by the laws of any state, the United States, or any foreign state, shall not be construed as possessing any rights that are defined in the Constitution of the United States, as amended. Under the U.S. Constitution, people are persons, and a person, is defined as a living, breathing human being. In the United States of America, the people are sovereign, and only living beings have inalienable rights.

Citizens of the United States, through laws enacted by Congress and in the several states, shall determine the privileges, constraints, and regulations applied to corporations and other artificial entities.

Section 2 [Money is not speech]

Subject to regulations, limits, and prohibitions established by the Congress and the states that are intended to reduce or prevent corruption, the appearance of corruption, or undue, inappropriate, or disproportionate influence that would tend to violate equal protection of all persons under the law, any Citizen of the United States, and of a particular state, may make expenditures with the intent, or having the effect, of influencing the election of any candidate for public office, or any ballot measure, or any legislation, regulation, enforcement, or judicial deliberation proposed or before any agency of that citizen’s state of residence, or of the government of the United States.

Parties other than citizens of the United States, and resident of the state or subdivision thereof in question, shall be prohibited from making such expenditures or efforts.

The source and amount of any expenditures that have such effect or purpose shall be publicly disclosed if the aggregate amount from that source in one year exceeds 100 times the current federal minimum hourly wage, or a lesser amount if so established by Congress or the states.

Expenditures of material wealth, including those that have the effect or purpose of influencing elections or government action, shall not be construed as speech under the First Amendment.
Speech is a message, performance, or perception, created by a person. Money is property, not speech.

Section 3 [The sovereignty and inalienable rights of the people, strengthened and protected]

The inherent, inalienable rights of the people: including, but not limited to, the right to freely speak, publish and broadcast; to freedom of religious expression including freedom from imposed religion; to peaceably assemble; to petition for redress of grievances; to be secure from persistent surveillance without warrant issued for probable cause, and describing the person or place to be monitored during times other than war that has been declared by the Congress under Article I section 8 of the Constitution; and to keep and bear arms that are similar in character to those which could legally be used against them by their own government; shall not be infringed or violated by any party, and shall be upheld by the United States and by the several states.

Subject to reasonable legislation enacted by Congress or the states respecting age or competency, the right of a citizen to vote in public elections and to have that vote counted, shall not be infringed or denied.

See Part 1 of this 2 part argument.

See Part 2 of this two part argument.


“Corporations v. Persons – the Struggle that will define the 21st Century”

Other essays spotlighting this problem and its consequences.

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14 Comments »

  1. [...] Proposed Constitutional Amendment to establish beyond doubt that a corporation is not a person in the meaning of the U.S. Constitution, that money is not equivalent to speech in the meaning of the First Amendment, and to protect certain rights of the people in the Constitution. Like this:LikeBe the first to like this. Leave a Comment [...]

    Pingback by Clinch the Mock Trial, and ace your Thesis with this Argument: (Part 2 of 2) A Corporation does NOT count as a Person, under the U.S. Constitution « hearts and minds — July 25, 2012 @ 4:22 pm | Reply

  2. [...] Proposed Constitutional Amendment to establish beyond doubt that a corporation is not a person in the meaning of the U.S. Constitution, that money is not equivalent to speech in the meaning of the First Amendment, and to protect certain rights of the people in the Constitution. Like this:LikeBe the first to like this. Leave a Comment [...]

    Pingback by Win the Debate Contest with this Argument: (Part 1 of 2) A Corporation is a Party, NOT A Person, under the U.S. Constitution « hearts and minds — July 25, 2012 @ 4:28 pm | Reply

  3. You’ve been quiet: glad to see you are still keeping the rest of us informed…I value your opinion.

    Comment by Christina S — July 25, 2012 @ 9:45 pm | Reply

  4. Good job. I”M glad somebody has a brain in Ozaukee county.

    Comment by Donald D. — July 29, 2012 @ 6:33 pm | Reply

    • I know that you know, Don, that there are many people with a brain here in Oz.
      The point of having Hearts and Minds is, we must use ‘em or lose ‘em.

      Comment by clydewinter — August 4, 2012 @ 9:03 am | Reply

      • Mid-August 2012/Blk. Bear Coffee Shop, Vernonia, Oregon…had the opportunity to meet the mind of Clyde Winter in the heat of summer. Clyde left me with a copy of his screed: Corporations v. Persons. I am very impressed, Clyde. You know how to do your homework and I would consider you of the mind of the finest constitutionalists. You are no “stumblebum”…you are the oracle. Thanks for the “slavery loophole”…thanks for the “sets of precedents”…thanks for the census/Congress link-up to non-living legal entities. I consider this info a master-stroke of a man that knows how not to fear knowledge. Keep on keeping on, Clyde.
        Try this link at your discretion: archive.org/details/positionforeign01hendgoog
        Res Ipsa Loquitur

        Comment by Mark A. — August 21, 2012 @ 7:10 pm

      • Mark, we met in Oregon in the midst of my two-part solo motorcycle journey in 2012 through all the states of the Deep South that are east of the Mississippi (with the exception of Virginia), and through two-thirds of ALL of the states in the U.S. that are west of the Mississippi. I rode the blue line highways (not the interstates and other limited access highways) and rolled up 20K well-enjoyed miles on a great trip – going to many beautiful places I’d never seen before, and to some that were very familiar and also beautiful. I met a lot of really fine people along the way, and was able to visit a few wonderful old friends.

        Besides the trip for its own sake, I took the opportunity to publicize, along the way, wherever I went, our Movement to Amend the Constitution in order to establish the sovereignty of the people (over corporate power). I wore my blaze orange hunting vest, that is hand lettered to assert that “A Corporation is NOT a Person!” and “Money is NOT Speech!”. And I distributed copies of one of my articles which outlines the proof beyond doubt, citing the words of the U.S. Constitution itself, that the legal theory that holds that a corporation has the Constitutional rights of a person, is completely and thoroughly unjustified and unjustifiable. Period.

        During the winter of 2012, I rode from Louisiana through coastal Mississippi, Alabama, and Florida, then up through Georgia, South Carolina, North Carolina, Tennessee, and back to Louisiana through northern parts of Georgia, Alabama, and Mississippi.

        On the summer trip out west that year I was able to stop and volunteer for a few days at the national headquarters of Move to Amend, while I was riding down the Pacific Coast from the mouth of the Columbia River to Long Beach Harbor. The entire trip, across the Mississippi, through the northern Great Plains, the Badlands, the Pine Ridge Lakota Reservation, the Black Hills, Yellowstone, the Tetons, the Craters of the Moon, the northwest desert and mountain country, then south 1000 miles along the Pacific Coast, and then through the deserts, mountains and canyon country of the southwest, including both the north and south rims of the Grand Canyon, and circling the Escalante Wilderness, and finally the ride back to the Midwest on the now almost forgotten Lincoln Highway (US 50), was done while camping or free-loading the whole way – with the sole exception of two nights in a motel, one while heading west, a few days before arriving at the site of the Wounded Knee Massacre, and one while heading back east, a few days before arriving at the location of several Indian reservations just west of the Mississippi River that were established for surviving remnants of some of the tribes that had been slaughtered or driven out of their homelands in Wisconsin and Illinois in the mid-nineteenth century.

        I’ve put 40 thousand miles on my Sportster so far and look forward to many more, passing the word along about our Movement to Amend, whether back home on the farm or on the road.

        Thank you for visiting this blog. Remember, establishing and defending democracy and life as we know it on this rare and fragile planet is not only or necessarily up to people who are wearing uniforms and following orders. It’s up to all of us to do what we can, and what we must.

        Comment by clydewinter — January 7, 2014 @ 2:32 pm

  5. Love, LOVE the concepts in this. We need to get this out there and spread it around. The wording should be used in laws.

    Comment by Justin S. — August 16, 2012 @ 2:26 am | Reply

  6. This is a core issue. It affects everything: immigration, money in politics and the loss of democracy, health care,the environment, you name it. I challenge anyone to give me an issue that wouldn’t be improved by this Amendment….and I’ll show you how it WILL improve the situation for We the People!
    Examples of problems created by corporate personhood: a corporation is a person, therefore they use the 4th Amendment to require a warrant before EPA and OSHA inspections – if they’re cheating, of course, and need a warning to clean up (and if they’re big enough and rich enough to have legal counsel). So it’s mostly big corporations that use OUR inalienable rights against us, not the little ones. They use free speech to drown out We the People, because if money = speech, then No money = no speech.
    Big (not little) corporations also use free speech to actually withhold information. This is a recent legal decision: example-NOT labeling our corn and soy products as genetically modified. It is estimated that 80% of what we eat is genetically modified., and not labelled as such.
    So we’re saying this: corporate hegemony has to go, which means a corporation should not be equal before the law to a person.

    We are not saying corporations shouldn’t have rights, we’re saying they are not people. It’s more than money in politics.

    WE the People are the sovereign, governing, ruling sector. This is what the American Revolution was all about. Our Constitutional rights are what make us the rulers, or sovereigns. When you give our Peoples’ rights to corporations, they become sovereign, or rulers, too. THEY ARE OUR INVENTION AND SHOULD NOT BE EQUAL TO US BEFORE THE LAW! Our government is our invention, too. We need to be in charge of that, too, which we are not, now, because of the rights of corporations and money = speech.

    We are now 1/3 of the way to getting this before our National legislatures: 13 states have passed resolutions asking for a Constitutional Amendment to this effect, Maine passing one last week.

    Corporations want us to leave out corporate personhood abolishment for a very good reason: that’s where their real power lies.

    “Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.”
    Margaret Mead (1901 – 1978)

    ONWARD! WE SHALL PREVAIL!

    Your friend in the struggle,
    Mary Laan
    Chair
    S.E. Wisconsin Move to Amend

    Comment by Mary L. — May 5, 2013 @ 12:13 pm | Reply

    • Not to put too fine a point on it, Mary, while I agree entirely with the thrust of your comment, there is one particular point with which I must take issue.
      You said that, “We are not saying corporations shouldn’t have rights …”
      I believe that Move to Amend has clearly and repeatedly asserted that corporations do not legitimately, and should not have Constitutional rights.
      This is extremely important, and is also eminently rational and sensible.
      As Judge Emeritus Debbie O’Dell Seneca stated in a 2013 case in Pennsylvania, if corporations could claim any constitutional rights, then corporations would become a “… legal fabrication superior to the law that created and sustains it.”
      Establishing clearly (as our U.S. Constitution already does, despite actions from time to time of some members of the Supreme Court) that a corporation does not possess any of the Constitutional rights that are defined there for a person, does not mean that a corporation cannot exist, or that it cannot conduct business, enter into contracts, have standing in court, etc.
      What it does mean is that corporations can be regulated by the sovereign people, through their government.
      And that’s all we are saying.

      Comment by clydewinter — June 25, 2013 @ 6:03 am | Reply

  7. I hope that this proposed amendment will be submitted later this year when we take control of Congress.

    Comment by John E. — January 7, 2014 @ 1:11 pm | Reply

    • If you think that is the way to go, John, and if you think that is the timeline, then go for it. In my opinion, the Congress may somewhat change it’s composition this year – swinging more towards the “good cop” direction or the “bad cop” – but we will still very likely have a government, and both political parties, which are controlled, lock, stock, and barrel, by huge corporations and the super-rich. As for me, I am submitting my proposed Amendment directly to the people. I trust that the people have the power, and will decide.

      Comment by clydewinter — January 7, 2014 @ 3:19 pm | Reply

  8. […] this election charade and manipulation, and end corporate control of what should be our government? How else are we going to win democracy and save life as we know it on this […]

    Pingback by Fair Representation of the People in a Real Democratic Republic | hearts and minds — March 11, 2014 @ 4:31 pm | Reply


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