hearts and minds

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 discovered and published in 2011, and was last revised in March, 2017. Each of the five bullet points below contains a specific Constitutional reference and quotation. The arguments which follow the quoted text in each section stand alone, but they all mutually reinforce the contention made in the title of this essay. And the arguments help to give meaning to this question regarding a legal technicality that keeps on crippling and stealing our rights, and keeps on killing us, and is getting worse. In this matter, we the people persist in contending that the emperor and his lackeys are parading – without a stitch of clothing. So if the shoe fits wear it. But if it’s a good tool, put it to good use.
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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…)

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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December 14, 2013

Socialized Health Care vs Gov’t Mandated and Subsidized Corporate Profiteering

Filed under: Class warfare,Health care crisis,History,legalized bribery,move to amend — Hearts & Minds @ 5:05 pm

The corporate controlled government, those in charge of both corporate controlled political parties, and the corporate controlled mass media, all continue to refuse to even make a pretense of discussing publicly, much less seriously considering, the obvious, clear and simple solution to the health care crisis in America. (more…)

August 31, 2013

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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