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…)
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…)
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?
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’.
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…)
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 you. https://clydewinter.wordpress.com/2015/11/19/666-word-proof-that-a-corporation-is-not-a-person/
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…)
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.
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.
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?”
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?