hearts and minds

December 14, 2016

“Proof of Residence” Requirements Prove only an Intent to Obstruct the Right to Vote

I was an Election Protection volunteer on General Election Day, 2016, trained by, and representing the NAACP, working at one polling location in the “inner city” of Milwaukee, Wisconsin from the time voting started in the morning until after voting ended that night. I was able to observe every individual entering the premises, and the experience of every person who came there to vote that day. And every person who I observed leaving the premises without voting (despite their motivation and intention to vote) did so for one and only one reason. That single reason was their inability to produce an acceptable so-called “proof of residence” document. (more…)

February 15, 2016

Dispelling the mystique of U.S. supreme Court Judges

The following essay was written and completed in the days preceding the sudden unexpected death of Judge Antonin Scalia.  So I dedicate this essay (and another one, previously composed) to his outrageous memory.  Judge Scalia described himself as a “textualist” – one who believes that “[it] is the law that governs, not the intent of the lawgiver”.  Judge O.W. Holmes described textualists as those who say, “We do not inquire what the legislature meant, we ask only what the statutes mean.”  With respect for the scholarship of Judge Scalia, I submit the following accidentally timely essay, and one other directly relevant, certainly more important essay, each of which catch me employing truly “textualist” argument, such as was professed by Judge Scalia.  (Scalia himself clarified that “textualism should not be confused with so-called strict constructionism, which brings the whole philosophy into disrepute. I am not a strict constructionist, and no one ought to be.”)  Read it only if you can appreciate the irony of someone like me honoring the spirit of Antonin Scalia.  Both of them are direct, concise, easy reading. And the one that follows, below, is also light-hearted.
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November 19, 2015

How a professional Ignores and Denies the Truth

You don’t have to be a rabid strict constructionist; you don’t have to believe that the wealthy, slave-owning, colonial “founding fathers” were invariably righteous and wise; you don’t have to believe that each word of the Constitution is sacrosanct and infallible; in order to be able to credibly refer to the actual text of the U.S. Constitution, and thus shed useful light on a question of Constitutional law that is terribly important to all of us.
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The U.S. Constitution Itself Proves that a Corporation is NOT a Person!

This proof was first discovered and published in 2011, and improved and revised in January, 2017. Each of the five bullet points below contain a specific Constitutional reference and quotation. The arguments following each of these bullet points are independent of each other, but they mutually reinforce the contention in the title of this essay.

    • Article I Section 2 of the U.S. Constitution explains how the House of Representatives is to be “composed” and “chosen … by the People”. The third paragraph of Section 2 explains how Representatives are to be apportioned among the states by identifying and counting “Persons”. (more…)
  • September 25, 2015

    Destroying the Movement in Order to Save It?

    LEADERSHIP, DISCIPLINE, AND DEMOCRACY IN OUR MOVEMENT

    Some leaders of Wisconsin Move to Amend have just publicly announced that they are dis-affiliating from the national Move to Amend organization, and they are forming a new organization which they are calling “United to Amend”. The reasons for this action are not clear to me, and the reasons that I have been given are, on their face, not sufficient to fragment this so important, strong and growing non-partisan, truly grassroots Movement, which has such widespread public support. (more…)

    September 24, 2015

    Dissecting “Corporate Personhood”

    The core principle of our Movement to Amend is not to end “corporate personhood” – it is to end corporate Constitutional rights!

    “Corporate personhood” is legal-jargon. The phrase itself is a jarring counter-intuitive oxymoron. We all know that a corporation is not a person! For that reason alone, it’s easy for people to disdain that phrase without even thinking about it. But what does it actually mean? Or maybe the question should be, what do WE actually mean?
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    April 15, 2015

    Do Corporations Have Constitutional Rights? The Proof.

    Is there truth in the legal theory that a corporation possesses the unalienable rights of a person, which are explicitly protected by the Constitution of the United States? Does the Constitution confer the rights of a “person”, or of “the people”, upon artificial legal entities we now know as “corporations”? What exactly does the U.S. Constitution consider to be a “person”? If corporations possess the Constitutional rights of a “person”, then corporate power rules our lives and our future. If, on the other hand, the people are sovereign in our government, and only the people have Constitutional rights, then we the people, in compliance with our Constitution, have full legal authority to determine the rules and the policies that organize and shape our lives. (more…)

    April 3, 2015

    Let Us NOT Praise Corporate Sycophants – a 2nd opinion

    Here is the link to the article that is criticized by this essay. You might want to read it first.
    http://www.washingtonmonthly.com/magazine/januaryfebruary_2015/features/let_us_now_praise_corporate_pe053466.php?page=all

    In “Let Us Now Praise Corporate Persons” appearing in the Jan-Feb 2015 issue of The Washington Monthly, Kent Greenfield, a self-described “progressive who teaches corporate law”, looks askance at “the corporations-are-not-people crowd” and complains that the core principle of our Movement to Amend “isn’t helping fix the problem – in fact, it’s making it worse.” (more…)

    April 1, 2015

    Chimps in New York, Orangutans in Argentina, and Corporations in our Faces

    A court in Argentina ruled that an orangutan is a “non-human person” and as such has inherent rights. A court in New York ruled that a chimpanzee does not have any rights, and is not a “person” in the meaning of the U.S. Constitution. [http://www.care2.com/causes/landmark-ruling-an-orangutan-is-a-non-human-person-with-rights-says-argentina.html] The ruling against chimps comes in the nation whose corrupted supreme Court has ruled without justification that corporations are “persons” in the meaning of the U.S. Constitution.
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    September 10, 2014

    Is Half a Loaf Better than No Loaf? – A Deceptive Argument

    The MOVI Group and the DNC are actively promoting this summer (in Madison and Milwaukee, Wisconsin this week, and throughout the United States) a Constitutional Amendment that waves the flag, Money is Not Speech before our eyes and the media cameras, but has completely disappeared the flag, A Corporation is Not a Person. Yet our non-partisan Movement of the People, based on both of these principles and demands, has been growing and strengthening for years (despite a near complete corporate media blackout). (more…)

    August 21, 2014

    Snake Oil at the Roadshow in Madison in September

    Why is Wisconsin Move to Amend endorsing, without any qualification or reservation, the”roadshow” slipping in to Mad-town on Sept. 6? Why is Wisconsin Move to Amend endorsing a “roadshow” which is being sponsored by national Money Out – Voters In, an organization in which national Move to Amend is NOT a member? The national Money Out – Voters In coalition enthusiastically endorses, without any reservations or qualifications, SJR 19, the DNC endorsed proposed Constitutional Amendment, but national Move to Amend does not endorse that proposal. (more…)

    August 7, 2014

    Stop the Partisan Divisiveness and the Bi-Partisan Deception

    For a pioneering revolutionary document that established a democratic republic ten or 12 generations ago, it is surprising how little the U.S. Constitution explicitly talks about “the People”. This founding document shaped the clear outlines and principles of a new and independent government that was to be of, by, and for the people, while hardly mentioning the word, “People”. The key word People appears once in the single ringing sentence known to all as the Preamble. And then it appears only one more time in all of the seven Articles which follow the Preamble sentence. (more…)

    July 15, 2014

    Is Even the Truth Unsustainable?

    Why do words fail us? Why is demonstrable truth so widely and persistently disdained and ignored? Effective communication with integrity is essential for the people – you and I – to become informed and to take action necessary to establish, maintain and strengthen a democratic republic. But effective communication with integrity, even on a personal, one-to-one level, is very, very difficult in modern times.
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    June 22, 2014

    Declaration of Independence from Corporate Rule

    On the historic occasion of Independence Day and Juneteenth, 2014, with honor and deep respect for the U.S. Constitution, the Gettysburg Address, the Abolition of Slavery, the Equal Rights of all Persons, and the Planet of our birth which has nurtured life and beauty for so long, here is submitted a statement of truth bearing importantly on the evolution and development of government that is of, by, and for the people. May we today be equal to the great task now before us of ensuring that that government shall not perish from the earth. And may we also, and thereby, become equal to what is likely the most dangerous challenge that humankind has ever faced thus far during our entire existence on Earth – a challenge that we ourselves have created, through technology and civilization – the consequences of our own cleverness and industry.
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    March 14, 2014

    New Law Restricts Early Voting in Wisconsin

    The current majority party controlling the Wisconsin legislative, executive and judicial branches has just enacted a law, which restricts voting opportunities in each municipality in the state to no more than one early voting location for each town, village, or city – regardless of size! The new law also further reduces the number of hours and days allowed for early voting – and entirely eliminates opportunities to vote on a weekend.

    The difference in the election experience between, for example, the City of Milwaukee and the County of Ozaukee, which are neighbors, approximately the same size in square miles, illustrates how outrageously unfair this new state law is in practice. (more…)

    March 5, 2014

    The Right to Life vs. the Right to Kill

    The right of the people to keep and bear arms is an inalienable right that is explicitly supported by our U.S. Constitution. All Americans should also recognize that the people – not corporations – are sovereign in a democratic republic, and only “the people” (not corporations) possess inalienable Constitutional rights, including the right to keep and bear arms.
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    September 2, 2013

    Partisan Re-Districting Disrespects and Misrepresents the People

    Elections in America should be an opportunity for the people to choose their elected representatives. It does not do justice to the people of Wisconsin and of the United States for the legislators to be choosing their constituents. But the current system of partisan “redistricting” does just that – it allows politicians to carve out turf strictly for the benefit of their party and for the protection of incumbents. It hurts democracy, it makes elections-by-district non-competitive, and it takes choice away from the citizens.
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    August 31, 2013

    Protection of Voting Rights in 21st Century America

    Voting rights are basic to all human rights. Violations of voting rights are violations of the core principles of democracy, and of government that should be of, by, and for the people. Violations have become more widespread in the USA than just the states that were originally listed in the landmark, and essential 1965 Voting Rights Act, which was so (tragically) belatedly enacted to finally enforce the basic human rights provisions of the 14th and 15th Amendments a century after those Amendments were ratified.
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    Whose Government Is It?

    Corporations and the super-rich now control both political parties, and all three branches of government in the USA, both state and federal. The two parties have established and enforced rules and legislation, which give them an exclusive monopoly, but which also prevents the people from obtaining government that represents and serves us best, even though we the people should be sovereign in a democratic republic. The two party lock permits complete corporate control of government simply because all that extremely rich and powerful corporations and individuals (and their associations) have to do is control those two parties. And that is exactly what they do.
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    July 2, 2013

    Pitfalls to Avoid in Our Struggle to Obtain Democracy

    “Corporations v. Persons : The Struggle that Will Define the 21st Century”
    Actually, the struggle is even more serious than that.
    It is corporations v. life as we have come to know it on Planet Earth.
    It is corporate rule v. democracy and a bright future.

    The central objective of “Move to Amend” is to amend the U.S. Constitution to establish that:
    (1) Corporations do not have Constitutional rights – a corporation is not a person in the meaning of the U.S. Constitution; and
    (2) Bribery will no longer be legalized in the USA – Money used to influence government policy, actions, officials, and elections is not protected as “free speech” and can be regulated.

    Certain groups and individuals have attached to this Movement of the People, while simultaneously diluting and compromising it by instead asserting that the objective is to “defeat citizens united” and to “get money out of politics”. They seek to return to the status quo and restore certain inadequate “campaign finance reforms” that existed prior to 2010. That objective can do no more than return America to the corruption, the legalized bribery, and the corporate control of government that already prevailed then, and had long been frustrating our best efforts. (more…)

    May 30, 2013

    Does a Corporation Have Constitutional Rights? – A PA judge says “No!”

    A Note of Respect and Gratitude to Debbie O’Dell Seneca, President Judge Emeritus of the Washington County, PA. Court of Common Pleas, for her Ruling in a Case involving Damages Suffered by Families due to “Fracking” (Extraction of Natural Gas) done by a Corporation:

    Please accept my congratulations for your recent courageous ruling that a corporation does not possess Constitutional rights, and for asserting that, if corporations could claim Constitutional rights, then corporations would become a “… legal fabrication superior to the law that created and sustains it”.

    I share with many people a deep concern about the struggle that will define the 21st Century – Corporations v. Persons. I have studied and, from time to time, written about this struggle for more than a decade, and a little over two years ago I finally felt impelled to personally dig into the tap root of the problem and closely examine an underlying question: “What, specifically, is in the U.S. Constitution that would allow a Supreme Court Justice to conclude that a corporation legitimately possesses the rights that are defined there as being the rights of a person?” I found an answer that has been overlooked for too long, and to our peril.
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    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, in the meaning of the Constitution, and (2) to establish that money is not equivalent to Constitutionally protected speech, and (3) to protect the sovereignty and the unalienable 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 in the preface to an 1886 Supreme Court case. This preface was later exploited to massively rewrite corporate law using the unjustifiable legal theory that a corporation is a Constitutional ‘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

    Is there any truth in the legal theory that a corporation possesses, by authority of the U.S. Constitution, any of the inherent, unalienable rights of a person? (more…)

    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 Judges 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 youhttps://clydewinter.wordpress.com/2015/11/19/666-word-proof-that-a-corporation-is-not-a-person/
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    April 1, 2011

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

    My ol’ huntin’ partners, Sid 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 averages 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 the Supreme Court declaring that a corporation is a person? That’s just plain nuts. A corporation doesn’t bleed, it can’t have kids, a corporation ain’t a person, anybody knows that.’

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

    February 26, 2011

    Requiring a Gov’t Photo ID to Vote – is there fire in all that smoke?

    Filed under: Constitutional Law,Politics & elections,Race relations — Hearts & Minds @ 4:11 pm

    SOMETIMES THERE’S JUST SMOKE – AND MIRRORS

    There is no credible evidence (and certainly no proof), and there is also no rational explanation of motivation, for the oft repeated theory that voter fraud has recently compromised our elections in the United States. (See the difference between voter fraud compared to election fraud.) Despite heavy pressure on mass media reporters and editors, elected officials, election officials, and appointed federal prosecutors around the nation, and despite constantly repeated distortions and outright lies throughout the last decade, no evidence has been found that any systematic or substantial individual voter fraud has been occurring. In fact, not a single instance of voter fraud that would have been prevented by a government issued photo ID has been discovered in this century in Wisconsin.
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    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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    November 11, 2009

    Governing People for Profits

    What has happened with regards to the deepening health care crisis is a symptom of what is deeply wrong with governance in America. Politicians of only two political parties occupy virtually all elected offices in state and national government. And corporations, with their PACs, simultaneously flood both major parties, and elected officials of both parties with massive campaign “donations” and, on top of that, billions of dollars, annually, for lobbying “access” and pressure on government officials.

    The problem with that is that the two major political parties in the United States are in thrall to huge corporations and the super-rich, and have decided to depend, first and foremost, on their money and support.
    In return, the corporations and the super-rich expect BOTH parties to defend and advance corporate interests.
    And they understand and expect that the two parties will jockey for political advantage while doing so.
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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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    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 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

    Brown v. Board of Education

    Filed under: Constitutional Law,Courts and Justice,Education,Race relations — Hearts & Minds @ 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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    August 5, 2006

    Uncontested Elections Do Us Disservice (first published in July, 2002)

    We have been taught since childhood to disrespect governments that hold meaningless elections, marked by intimidation, in which officials are unopposed for “re-election”, there is only one viable political party, and the citizens, especially the youth, are fed monochromatic propaganda and are never exposed to a vigorous debate on the important issues of the day. When this situation obtains in other lands, we call it a sham of democracy and a hallmark of despots. What about when it occurs here in Ozaukee County?
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