Constitution In A Box

ConstitutionBox

Testimony of Greg Coleridge
Democracy Day Public Hearing, January 17, 2019, Cleveland Heights City Hall

Think of the U.S. Constitution as a box. It symbolizes our democratic space, rights and responsibilities, and limits. It’s a space that allows our public officials and citizens to determine the kind of society – politically, economically, environmentally, socially – that we want. Its size has expanded with each of the 27 Constitutional Amendments, as were passed following democratic people’s movements. The box has also enlarged due to various interpretations of the Constitution by the Supreme Court.

But other Supreme Court interpretations have vastly decreased that democratic space – the box that we call our democracy. Many of those interpretations involved activist Supreme Court decisions that granted corporations with never-intended unalienable constitutional rights – rights that trumped people’s rights. Following each decision by the court, our democratic space contracted – the box became smaller.

Examples:

1819 – Corporate perversion of the Contract Clause
Dartmouth College v. Woodward. A corporate charter is ruled to be a contract and can’t be altered by government. States had less flexibility to use corporate charters as tools to define corporate actions.

1875 – Corporate perversion of the Commerce Clause
Welton v. State of Missouri, 91 U.S. 275. The Supreme Court begins a century long effort to frame every corporations action as a form of “interstate commerce” – which overrules the police power of cities and states to uphold their duty to protect the health, safety and welfare of their communities.

1886 – Corporate perversion of the 14th Amendment
Santa Clara County v. Southern Pacific Railroad
Corporations are in effect granted equal protection rights under the 14th Amendment.

Louis K. Liggett Co. v. Lee (288 U.S. 517, 1933)
Florida voter passed a law that levied higher taxes on chain stores than on locally owned stores. The Supreme Court overturned the law citing the due process and equal protection clause of the 14th Amendment and the Interstate Commerce clause.

1906 – Corporate perversion of the 4th Amendment
Hale v. Henkel – Corporations get 4th Amendment “search and seizure” protection. The public no longer has the ability to publicly inspect corporate books and records to ensure accountability.

A 1978 decision prohibited OSHA inspectors from doing surprise inspections.

1922 – Corporate perversion of the 5th Amendment
Pennsylvania Coal Co. v. Mahon A regulation is deemed a taking. A corporation subject to certain regulations has to be compensated for lost future profits.

1974 – Corporate perversion of the 1st Amendment –
Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 – Corporations granted the right NOT to speak

They don’t have to reveal information, even if that information is important for public safety (i.e. toxins in food).

1980 – Corporate perversion of the 1st Amendment – Commercial speech
Central Hudson Gas & Electric Corp., v. Public Utilities Comm’n, 447 U.S. 557
Corporate “commercial speech” rights (to increase profits_ preempted the state’s right to protect the welfare of its residents.

1976 – Money equals free speech
Buckley v Valeo. Political money in elections is a form of constitutionally protected First Amendment “free speech.”

1978 – Corporate perversion of the 1st Amendment – political free speech
First National Bank of Boston v. Bellotti, 435 U.S. 765. U.S. constitutional law case defines the free speech right of corporations for the first time – the right to spend on issue campaigns.

2010 – Citizens United vs FEC
The ability to influence elections via money from wealthy individuals and corporations is expanded.

Our democratic “box” or space isn’t very large. So many people believe that what’s needed is simply to reverse Citizens United, end corporate political free speech and/or end “money is speech.” As you can see, however, our democratic space or box wasn’t nearly as large as it once was and needs to be before these Supreme Court rulings were made. It’s not enough to get big money out of elections before reversing the fact that our ability to self-rule has been inhibited by numerous court decisions.

That’s why Move to Amend calls for not only ending the constitutional doctrine that “political money is equivalent to 1st Amendment-protected “free speech,” but also calls for ending ALL forms of never -intended and at one time never-existing constitutional rights. Only a 28th Amendment that does both will enable government by We the People.

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