Getting Money out of Politics and Beyond: A Call for a We the People Amendment

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http://publici.ucimc.org/2018/12/getting-money-out-of-politics-and-beyond-a-call-for-a-we-the-people-amendment/

by Greg Coleridge

The midterm elections are over. Candidates have been elected and unelected. Ballot issues have been passed and rejected.

What hasn’t changed one iota, however, are the catastrophic harms to people, communities, the natural world and our republican form of self-government caused by the assertion of constitutional rights for corporations, and by political campaign money being defined as First Amendment-protected free speech.

Many believe these problems began with the 2010 Supreme Court Citizens United v FEC decision. It’s true that Citizens United further opened the monetary floodgates onto political elections. The Court asserted that the First Amendment’s free speech clause prohibits government restrictions of  “independent expenditures” for political communications by for-profit corporations, nonprofit corporations, labor unions and other groups.

Since the Supreme Court had previously ruled that corporations were “persons” with free speech rights, corporate funds could now be raised in unlimited sums for “independent” communication (i.e. candidate advertisements by entities that are not coordinated with the candidate). A separate federal court decision based on Citizens United lifted the same legal restrictions on individuals.

The result has frequently been stomach-turning attack ads from across the ideological spectrum that distort the truth about candidates and issues. In addition, when money determines who has access to the podiums, microphones and loudspeakers in an arena, the voices of people and groups without money are relegated to the hallways, basements and back alleys.

The $200 million-plus spent on the Illinois governor’s race, much of it from the wealthy candidates themselves, typifies further movement away from a republican form of self-government and towards a plutocracy (i.e. rule of, by and for the wealthy). Corporate spending on election advertising in Illinois and elsewhere, much of it untraceable “dark money,” represents a second parallel threat—corptocracy (i.e. rule of, by and for corporations).

More than reversing Citizens United is needed to create fair and democratic elections and more than fair and democratic elections are needed to create a legitimate republican form of self-government in which We the People rule.

Our government is broken because the system is fixed—as in rigged to benefit the super-wealthy and corporations. The core problems are the constitutional “rights” anointed by the Supreme Court on corporations and on money spent in elections—both of which predate Citizens United.

Corporations weren’t intended by this nation’s founders to become the governing institution in our country and world. Corporations are creations of government, originally chartered one at a time by legislative acts, which listed specific legal protections and privileges to create useful goods and services, but not with inalienable constitutional rights. Corporate charters were democratic instruments. Corporations that violated their charter provisions regularly had those charters revoked by state legislatures or state courts. We the People were sovereign, corporate creations of the state were subordinate.

No corporation was immune, even the most powerful ones. A Republican state Attorney General sought to revoke Standard Oil Corporation’s charter in 1892 for disregarding its provisions.

The Ohio Supreme Court, in a 1900 ruling to dissolve a dairy company, stated: “The time has not yet arrived when the created is greater than the creator, and it still remains the duty of the courts to perform their office in the enforcement of the laws, no matter how ingenious the pretexts for their violation may be, nor the power of the violators in the commercial world.”

Corporations worked strategically to shift democratic control over to the corporate form in three ways: from the state to the federal level, from the legislative arena to regulatory agencies, and from the legislative arena to the courts. All three strategies sought to move corporate definition beyond the reach of the public and, thus, undermine our republican form of self-government.

The most effective approach was to shield corporate actions by the Supreme Court. Despite the Constitution not mentioning corporations and the Bill of Rights meant to solely apply to human beings, corporate attorneys argued that constitutional rights applied to their clients. Activist Supreme Courts agreed and concocted for over a century corporate constitutional rights out of thin air.

Corporate constitutional rights now include First Amendment free speech and religion, Fourth Amendment freedom from search and seizure, Fifth Amendment freedom from takings, Fourteenth Amendment due process and equal protection, and Commerce and Contracts Clause “rights.”

These never-intended rights have allowed corporations to hijack our republican form of self-government well beyond influencing elections through their “right” to make political donations. These include the rights:

  • to advertise dangerous products (i.e. cigarettes and fracking) over the objections of communities and to avoid labeling genetically modified foods;
  • to avoid subpoenas that would compel testimony about unlawful trade and price fixing, and the right to prevent citizens, communities and regulatory agencies from stopping pollution and other assaults on people or communities;
  • to receive compensation when regulations are established to protect homeowners or communities, including the right to be compensated for all possible future profits they may have made without such regulations;
  • to build chain stores and erect cell towers against the will of communities, oppose tax and other public policies favoring local businesses over multinational corporations and resist democratic efforts to prevent corporate mergers and revoke corporate charters through citizen initiatives; and
  • to ship toxic waste between states over the “health, safety, and welfare” objections of communities – claiming the waste isn’t actually “waste” but “commerce.”

Corporate constitutional rights are just one head of our anti-democratic hydra. The other is the constitutional protection of political money defined as free speech. This dates to the 1976 Buckley v Valeo decision. If money is political speech, as the Supreme Court stated, then those with the most money have the most speech. This is not an ingredient for anything approaching a republican form of self-government, more likely for a plutocracy.

No presidential decree, legislative statute or regulation can end corporate constitutional rights and money defined as free speech. The only solution is a constitutional amendment.

Move to Amend is a national non-partisan coalition of hundreds of organizations and over 450,000 individuals committed to social and economic justice, ending corporate rule and building a vibrant democracy that is genuinely accountable to the people, not corporate interests.

It calls for the We the People Amendment (H.J.R. 48) to the Constitution, declaring that inalienable rights belong to human beings only, not to mere legal entities, and that money is not a form of protected speech under the First Amendment and can be regulated in political campaigns. Sixty-five U.S. House Representatives have endorsed H.J.R. 48. It will soon be introduced in the U.S. Senate. More than 750 communities have passed either local or state resolutions or ballot measures calling for such an Amendment.

Building an authentically multicultural, intergenerational and transpartisan grassroots democracy movement is the only realistic route toward this end. This currently seems pie-in-the-sky. Yet we’re now facing profound political, economic, social and environmental crises. None of this is sustainable. Limits are rapidly being reached. What seems impossible at the moment can quickly become inevitable. Our visions have been repressed by our dominant culture about what is doable, realistic and inevitable – not to mention what is just, democratic and sustainable.

A Move to Amend-sponsored public program recently took place in Champaign-Urbana. There’s interest in exploring what can be done locally to join this growing national movement. If interested in joining this exploration, contact Doug Jones at djones42@gmail.com.

Greg Coleridge is Outreach Director at Move to Amend. He can be contacted at greg@movetoamend.org.

 

Pre-emption of local control

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http://www.heightsobserver.org/read/2018/07/31/preemption-of-local-control

5G wireless technology is coming. Municipalities throughout the country have been suing state governments to try to retain some local control over the placement of small cell antennas and associated equipment. According to Crain’s Cleveland Business, the telecommunications industry wants to install 100,000 antennas a year nationally over the next five years. Wireless companies, however, have been unhappy about the labyrinthine task of securing permits from tens of thousands of local governments.

Enter ALEC, the American Legislative Exchange Council. According to the Center for Public Integrity, the corporate-funded, self-described think tank is only too happy to supply model state legislation pre-empting local ordinances to regulate the permits, fees and aesthetics of wireless equipment. And the Ohio General Assembly appears only too delighted to have had ALEC’s help.

In 2017 the state of Ohio passed a law overriding local governments’ home rule rights to regulate telecommunications equipment in public rights of way. In response, the Ohio Municipal League (OML) and cities around the state swung into action, launching multiple lawsuits. Both Cleveland Heights and University Heights joined a suit initiated by the city of Hudson. The law ultimately was found unconstitutional because it was tacked onto a bill regulating pet shops, thereby violating the Ohio Constitution’s single-subject rule for legislation.

Months of negotiations followed, as—at the legislature’s behest—attorneys for the cities and the OML conferred with the telecommunications industry to achieve a solution: House Bill 478, which Gov. Kasich signed into law. It is better than the ALEC version, but the “telcos” still hold almost all the cards.

Before its August recess, Cleveland Heights City Council passed legislation adding Chapter 943 to the city’s Codified Ordinances. Entitled “Use of Public Ways for Small Cell Wireless Facilities and Wireless Support,” it regulates, to the extent permitted by HB 478, the installation and operation of wireless small cell technology within the city. In July, University Heights passed its own version of legislation conforming to HB 478.

Increasingly, as this issue exemplifies, state legislation reflects corporate, not public interests. Accordingly, state laws pre-empt the ability of cities to make even the most basic local decisions.

As fish do not analyze the nature of water, for the past century few Americans have questioned the power that private corporations have come to exert over many aspects of our daily lives. That began to change with the U.S. Supreme Court’s Citizen’s United decision in 2010.

Early Ohio settlers knew the dangers posed by corporate power. The English monarchy’s imperial ambitions had been pursued largely through corporations chartered for that purpose. Ohioans fought in the American War of Independence to seize sovereignty from the monarchy and entrust it, not to governments or corporations, but to the people.

Early Ohio legislation stipulated that corporations be created one at a time through petitioning the General Assembly, under rigid conditions.

Corporate privileges, not rights, included limits on duration of charters (or certificates of incorporation), extent of land ownership, and amount of capitalization or total investment by owners, plus restriction of each corporate charter to a specific purpose. What did the Ohio General Assembly do to a corporation that violated these terms? It revoked its charter.

How dismayed the founders of our state would be if they dropped in on the Ohio Statehouse today, and witnessed proposed laws actually being written by private, corporate-funded entities, such as ALEC. Citizens must reclaim Ohio’s proud history of reining in corporate abuse.

To learn more about the history of corporate vs. people’s power in Ohio, e-mail us. We’ll send you Cleveland Heights resident Greg Coleridge’s Ohio Democracy vs. Corporations History Quiz.

Carla Rautenberg and Deborah Van Kleef

Carla Rautenberg is a writer, activist and lifelong Cleveland Heights resident. Deborah Van Kleef is a musician and writer, and has lived in Cleveland Heights for most of her life. Contact them at heightsdemocracy@gmail.com.