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 to establish that (1) a corporation is not a person, that (2) money is not equivalent to speech, and (3) to clarify and explicitly protect and extend certain rights of the people under this Constitution.
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Does a Corporation have Constitutional Rights? (Part 2 of 2) A Corporation does NOT count as a Person, under the U.S. Constitution

One of the two key citations in the Constitution bearing on whether a corporation is a ‘person’ under the Constitution is the 14th Amendment, which contains four sentences employing the word “person[s]” – (the two sentences that constitute section 1, and the opening sentences in each of sections 2 and 3).  The 14th Amendment was cited by the Supreme Court in 1886 when it established a powerful and important but highly questionable precedent (opening up a massive reinterpretation of corporate law) by asserting that a corporation is a person.
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Does a Corporation have Constitutional Rights? (Part 1 of 2) A Corporation is a Party, not a Person, under the U.S. Constitution

A single, all-but-forgotten sentence in Article IV section 2 of the U.S. Constitution provides a concise, clear, as yet unused argument that helps us conclusively determine the validity of the legal theory that a corporation possesses, by authority of the U.S. Constitution, any of the rights described there as being the rights of a person. (more…)

December 20, 2011

Wisconsin Showed the World What Democracy Looks Like

Wisconsin has abolished the death penalty longer than any other government in the world. Wisconsin blazed the trail and set the unwavering example that has since inspired the entire so-called civilized world. Wisconsin is no longer alone in that world. Wisconsin is now entirely encircled by states (Minnesota, Iowa, Illinois, Michigan, and Canada) in which the death penalty has also been abandoned. Sixteen states no longer use the death penalty. Membership in the European Union is open only to countries that have abolished capital punishment. Today, 140 countries no longer impose the death penalty. And in December of 2012 the United Nations General Assembly will be voting on an unprecedented resolution to urge the worldwide abolition of the death penalty. Where will Wisconsin and the United States of America stand on that resolution?
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October 27, 2011

Life Shall Overcome Corporate Power – Occupy Everything

What is Occupy Wall Street and the growing Global Occupation all about? In three words, I’d suggest that in the United States it’s about, “Wake Up, America!” It is up to the 99 percent to get up, stand up – take back our rights, our lives, the future, and all that we cherish.

“Who are the leaders of this protest demonstration and what are their demands?”
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May 27, 2011

Corporations v. Persons – the struggle that will define the 21st Century

Have you ever wondered what possessed members of the Supreme Court to determine that a corporation is a “person”, according to the Constitution? Which passages in the U.S. Constitution (including Amendments) could certain Supreme Court Justices have construed to support their determination (in contrast to common understanding and general usage) that a corporation possesses the rights that are explicitly defined for a “person” in the Constitution? Having researched and written about the consequences of this determination several times over the last decade, I became interested and finally compelled to get to this root of the problem. And so I once again studied the Constitution and its Amendments. But this time, I searched in particular for an answer to the question of how in the world anyone can conclude that a corporation possesses the specific Constitutional rights that are described there as belonging to a “person”.

I began by locating and highlighting certain words in the text (such as “corporation”, “company”, “person[s]”, “citizen[s]”, and “people”). Then I studied the context in which those words appear. My search was productive, with results that were startling, informative, and actually simple to comprehend and to share with you.
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April 1, 2011

The Difference Between a “Person” and a “Party”

My ol’ huntin’ partners, Sidney D. Complex and Jesse B. Simple, and I were enjoying a couple beers together this Spring. Jess had just boggled my mind with one of his astute observations on the human condition. So I was trying to appear calm, and in full possession of my faculties while feeling more than usually uncertain and unbalanced.

Sid handled the silence that followed by deftly changing the subject. ‘Know what?’ inquired Sid. ‘The word “Person(s)” appears in the U.S. Constitution 22 times. And that same word pops up 27 times in the Constitutional Amendments (which is more than once per Amendment). I know because I counted. But, the word “corporation(s)” doesn’t appear even once in the U.S. Constitution or in any Amendment. What the hell is all this noise about a corporation being a person? That’s just plain nuts.’

Smart-as-a-whip Jess came right back, without even pausing to take a deep breath or whet his whistle. (more…)

February 1, 2010

Citizens United Incorporated v. Federal Elections Commission – the Supreme Court Strikes Out

The Citizens United Inc. v. Federal Elections Commission ruling in the first month of 2010 represents “Strike Three” called against the U.S. Supreme Court.
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August 18, 2009

Public Option, Insurance Co-op, Mandatory Insurance Purchase – Who Cares about the Fine Print in a Health Care Reform Bill?

Probably the same sort of person who is not certain what the future holds for her family, or who worries at times about the fine print in whatever health insurance policy currently “covers” them.

There are 3 serious consequences of the huge mistake or betrayal made by “public option” spokespersons, exemplified locally by Wisconsin Citizen Action, and nationally by Move-On, among others, when they declared that the single-payer solution was “off-the-table”. (more…)

April 13, 2009

Springtime in Ozaukee, Wisconsin – Election Report

In Ozaukee County, Darcy McManus got 44 percent of the votes from the 23 percent of those registered who voted. Therefore, long-time District Attorney Sandy Williams will be the new Branch 3 Circuit Court Judge here. Ozaukee residents might be interested to learn about an earlier but unsuccessful candidate for election to be the Ozaukee/Washington County District Attorney, one Leland Stanford. Name sound familiar? (more…)

March 16, 2009

Ozaukee County Circuit Court Judge – Contested Election Tuesday April7

Filed under: Courts and Justice,Politics & elections — clydewinter @ 7:23 pm

On Tuesday April 7, 2009 for the first time in thirty years, voters will have a choice in a contested election for judge for our Ozaukee County Circuit Court, which is the first stop in the judicial system for civil and criminal legal matters under state law. I urge that you help get out the vote for Darcy McManus. I have several reasons.
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Solomon’s Dilemma and the 2009 Judicial Elections

Filed under: Courts and Justice,Politics & elections,Womens rights — clydewinter @ 4:47 pm

According to a story from long ago, a big man named Solomon was empowered to decide which woman was the mother of a child they each insistently claimed. In apparent frustration, he announced he would cleave the infant in two with a sword and give half to each woman. One woman immediately relinquished her claim to the baby, saying, “Give her the living child and in no wise slay it.” Solomon awarded her the baby, declaring that only the real mother would love her child so much as to give it up in order to save its life. The story is still told (Bible: 1 Kings 3), and it is asserted that this judicial decision demonstrated Solomon’s surpassing wisdom and cemented his reputation.

Actually, the convincing testimony came from the other woman, not from the tearful plea of the first to speak, don’t you agree? (more…)

March 15, 2009

The Contested April 7 Elections in Ozaukee County

Filed under: Courts and Justice,Politics & elections — clydewinter @ 8:53 pm

The STATEWIDE, COUNTY, REGIONAL, and MUNICIPAL offices to be elected in contested elections in Ozaukee County in the April 7, 2009 Spring Election are shown in very condensed, convenient, voter-friendly format here:
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June 5, 2008

How Wisconsin Legislators Voted on Ending Legalized Bribery

Let’s spotlight two cases where the U.S. Supreme Court legislated from the bench and violated common sense and our shared values. Next we’ll see what our state legislators have (or have not) done recently to arrest and restrain the government corruption that resulted. We’ll look at where the problem is most festering. And there is one important legislative step that is needed right now. Let’s get er done. By the way, there’s a scoop here, too, with news of three grassroots candidates for election to the state legislature, working to expose and unseat some of the very worst of the “Public Enemies” to be described below.
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May 1, 2008

Supremely … Dysfunctional

Filed under: Courts and Justice,legalized bribery,Politics & elections — clydewinter @ 11:52 am

The recent Wisconsin Supreme Court election holds great portent for the integrity, impartiality, and independence of the judiciary, not only in Wisconsin, but throughout the country, in both federal and state systems. Anonymous phony issue ad groups have dominated recent Supreme Court elections and appointments. These groups have found a loophole that defeats and makes a mockery of laws intended to prevent the courts from becoming partisan political battlegrounds, and intended to prevent big moneyed interests from determining who can become a judge in America. (more…)

April 6, 2008

Wisconsin Supreme Court Elections, Past and Future

The April Fool 2008 Wisconsin Supreme Court election campaign was publicly conducted as an anti-criminal crusade. The contest was framed as between a law-and-order challenger and a liberal, criminal coddling incumbent. But honest, intelligent people across the political spectrum who have closely observed recent Supreme Court elections know that the real contest was about something else.
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March 27, 2008

Louis Butler v. Michael Gableman, or Truth v. Fiction, et al

The Wisconsin Supreme Court election Tuesday, April 1, pits incumbent Justice Louis Butler against challenger Judge Michael Gableman in a critically important election. But it’s being smeared with distortions and misrepresentations. And secretive groups with very deep pockets threaten to take control of justice.
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February 28, 2008

Power to the Voter

Do you know whether your state legislators voted (or intend to vote) to protect the integrity, independence, and impartiality of the Wisconsin Supreme Court and its decisions? This brief article has answers.
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January 2, 2008

Pay for Elections – Low Cost and Up-Front, or High Cost and Under-the-Table?

Sid. D. Complex was skinning and butchering the deer carcass that had frozen while hanging in his shed, when I stopped by for a visit, and that perennial sheepshead champ, Jess B. Simple, was being careful not to needle him for his procrastination.

“So,” I opened, deftly avoiding controversy, “who d’ya wanna see win the elections this year?”
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August 30, 2007

Assembly Runs the Budget Ball the Wrong Way

The Wisconsin state Assembly budget proposal cuts needed services while simultaneously increasing the state deficit, compared with the Senate budget proposal. The Assembly increases taxes on individuals, at the same time it disdains an opportunity to save Wisconsin businesses and individuals over one billion dollars annually while mounting a significant reform to correct the health care crisis. (more…)

August 12, 2006

Dealing Death off the Bottom of the Deck

When citizens in Ozaukee County go to the polls this November, we will be confronted with three issues of historic importance. We will be asked whether Wisconsin should install and use the death chamber here. We will also be asked to cast an up or down vote on a proposed Amendment to our state Constitution that would prohibit granting basic rights to civil unions other than government-approved marriages. And we will be asked to decide, by a non-binding referendum, whether we support America waging warthroughout the world … until … terrorism is eliminated and citizens of all countries can be assured of their safety… ”.
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August 6, 2006

Proportion in Sentencing

Filed under: Courts and Justice,Media criticism,War on Drugs — clydewinter @ 8:08 pm

A recent editorial in this paper labeled young Benjamin Stibbe of Grafton a “serial killer” and urged that he be imprisoned and never permitted to walk the streets again. That term is generally used to apply to an individual who commits by his own hand or direction, intentional, pre-meditated murder of a number of innocent, unsuspecting victims. The crime charged against Mr. Stibbe doesn’t come close to that. And life without parole would be an excessive and unwise (not to mention impossible) sentence, for several reasons.

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Need a lawyer? Why not get a judge?

“That ain’t a bad way to open the bow hunting season.” I was admiring the nice deer my ol’ buddy, Sid D. Complex, had just cleanly killed. “How much you judge it’ll dress out to?” That was the wrong way to phrase my question.

“Don’t ask me about judges.” Sid was annoyed. “I’m tired of hearing about judges. I steer clear of ‘em. I don’t know any, and don’t care to. How ‘bout you? Who you voting for to join the club with all those liberals in the Supreme Court?”

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WE the people v. THEM the power company

In the midst of another dry and dusty growing season, my ol’ buddy, Sid D. Complex, dropped by looking like he needed something wet and frosty. “I haven’t talked with you about that big new gas pipeline since gun deer season a couple years ago”, said Sid. “The power company put the pipeline across your place. How’d it go? I recollect you didn’t like that easement they were pushing.”

“No, I sure didn’t, Sid, and a lot of other designated victims didn’t, either. Nobody was trying to stop the pipeline. Let’s be clear about that. But there were problems before construction even began. One was with the compensation they were offering and the fact that the appraisals done by the utility did not even comply with state law that’s meant to protect your rights when your property is taken by eminent domain.

“Another problem was with the terms of the easement document. You won’t believe the scam they’re trying to pull, and how they’re doing it.
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With Respect to Fallibility

Admitting and correcting our mistakes keeps us in our own good graces, as well as of those we love and care for. It returns us to the proximity of perfection. Part of the burden of leadership is that the circle of people to whom we bear responsibility for mistakes is wider. Leadership requires us to love and care for those within that circle, and to admit and correct our mistakes. Or else we do not deserve that mantle.

The White House presumes that its current occupant and advisors are infallible. It refuses to admit, much less accept responsibility for or correct any mistakes whatsoever. The buck is passed, the fall guy is a private, and private citizens pay the piper.

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Nonsense’n’nobrainer: Questions of Our Congressman

Congressman Sensenbrenner’s latest Annual Questionnaire has come again, prepared and mailed at taxpayer expense. It began with the assertion that “The 109th Congress is involved with many issues vital to you, your family and the nation.”

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Art and Disparity in Prison (first published in Feb. 2005)

“Outside The Box” was an arresting and moving display at the Cedarburg Cultural Center of “Artwork by Prisoners in Wisconsin Correctional Institutions”.

America now imprisons a higher percentage of her people than any other country on earth. This recently acquired dubious numero uno distinction is due largely to a huge escalation in the number of incarcerations for drug violations. The escalation is not due to increased use of illegal drugs. It is due to the ‘war on drugs’ waged selectively and with varied tactics in different communities since the late 1980’s.
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Examining an Inquest

I attended the entire day and a half long inquest into the death in police custody of 20-year-old Mequon resident Matthew Sheridan, and was perhaps the only person who did so who was neither a friend or family member, nor a police officer, nor paid or required to be there. I was the ‘public’ referred to in the term ‘public inquest’. I heard the evidence presented to the jury, and I had never met any of the people who caused or were affected by this tragedy. But I was not a disinterested observer. Two months ago I had written in this column about Matthew’s demise. Because of that involvement, I am compelled to comment on the inquest.
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Brown v. Board of Education

Filed under: Constitutional Law,Courts and Justice,Education,Race relations — clydewinter @ 1:56 pm

50th ANNIVERSARY COMMEMORATIVE ESSAY – Awarded first place in the national essay contest sponsored by the NAACP in the open, adult division.

A tribute to the generations that struggled for, the legal team that formulated, and the democratic principles that were represented in the most important Supreme Court decision of the 20TH century.

. The significance for educational opportunity and survival.

. The historical importance of the decision to reject segregation.

. Opposition to, and supporters of the struggle, and victories.

. Problems not solved and yet requiring our attention.

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