The
recent U.S. Supreme Court decision on �free speech� for corporations
in political campaigns and elsewhere has stirred up a furor among
those who believe that the power and wealth of Corporate America
already have corrupted the political system.
Treating
corporations as individuals and, even, as citizens, has indeed corrupted
the political system, without even considering a penny that they
have contributed to political campaigns or that they have run scurrilous
ads against an individual or a bill.
Corporations
as citizens is a concept that should be alien to our democratic
republic (if it were functioning properly), because the founders--in
the U.S. Constitution and the Bill of Rights--were writing about
individuals and citizens.
Individuals,
citizens, are living, breathing human beings.� They have intellect,
feelings, beliefs, and are capable of cooperating with their fellow
citizens to act for the common good.� They can commit offenses against
their society and they can be punished for them.� They go to jail
for such violations.� They can express remorse for their offenses
and they can, on their own--because they are sorry for what they
have done--make restitution and change their ways.
Such
is not the case for corporations, which are known as �legal fictions�
as far as their citizenship goes.� No corporation expresses sorrow
for its crimes and misdemeanors and no corporation is capable of
mending its ways and vowing never to stray again.
Only
human operatives in charge of corporations can do that and, because
of the laws of the United States of America, they are generally
protected from liability for the crimes committed by the corporations
they run.� In other words, you can�t put a corporation in jail,
although you can fine them for transgressions against the people
and for harming people.
That,
however, rarely happens.� We�ve seen a few miscreants go to jail
in recent years, but for the most part, the greater the crime, the
greater the reward.� And besides, many of our most dangerous corporations
are �too big to fail.�� So, we coddle them.� But that doesn�t mean
that we can�t rein them in and have some control over what they
do to us.
In
its recent 5-4 decision on �political speech� for corporations,
the Supreme Court continued a series of decisions that allow legal
fictions the rights of citizens.� Rightly, many Americans are worried
about it, but many others say, �So what?� They already control much
of our national life, including the political system.� What will
change?�
Going
back to the beginning of this country, national leaders, including
those who led the revolution, expressed concern about the power
of corporations over the people, because they knew that such power
was corrupting and, if it went on too long, that power would be
used to oppress the people.
Thomas
Jefferson wrote in a letter, �I hope we shall crush in its birth
the aristocracy of our moneyed corporations, which dare already
to challenge our government to a trial of strength and bid defiance
to the laws of our country.�
His
concern was justified and for 200 years, the elites of America have
expressed their power through the money and influence of their corporations,
which have become increasingly larger and ever more powerful.
In
recent days, the �tea baggers� and other populist groups on the
right--bankrolled by fake grass roots organizations--are filled
with ranks of people who apparently hate the government, yet fail
to see how corporate money controls the government.� Part of that
can be attributed to their lack of education, but the educational
system, itself, has been corrupted by corporate money for more than
a century.
How
can children be educated, taught to think clearly, when their schools
are filled with misinformation and outright propaganda that is put
there by the likes of the U.S. Chamber of Commerce, the National
Association of Manufacturers, the Business Roundtable, and many
others?� They have been able to provide teaching tools, pamphlets,
videos, and whole programs for thousands of schools across America,
simply because they have the money to do it.
In
the past several decades, they have had help from right-wing think
tanks that they have created, to give them and their views credibility.�
And, they have had help from the mass media, which has been easy
because they own most of the daily press, the local television stations,
and the television networks.
The
Internet was to have been a counterbalance to this awesome power,
but the pressure to turn over this vast field of free expression
to large corporations is immense.� The fight against such control
is called �net neutrality,� the idea being that the net belongs
to everyone, to all the people.
With
all of its faults, the Internet is the kind of free exchange of
ideas and communications that the founders envisioned, although
they could not have had even an idea what technology would bring
a few centuries into the future.
But
what is clear to anyone with a passing ability to understand the
language, they referred to humans in crafting the U.S. Constitution
and the Bill of Rights.� At least a few, like Jefferson, feared
the power of corporations.
Most
importantly, when considering the damage the recent court decision
could have on the body politic, it should be remembered that it
is state legislatures that charter corporations, not the federal
government.� The founders likely created the mechanism for charters
so the system would be closer to the people and they could control
corporations more easily.
Even
today, corporations are chartered by the states.� But even that
system has been corrupted.� Unrelenting pressure by the wealthy
and their corporations over generations has watered down the popular
control over the various state legislatures and the process of riding
herd on corporations.
Historically,
legislatures granted charters to corporations for specific periods
and they were specific about the business conducted under each charter
and the remedy for violations of those stipulations or the common
good was revocation of the charter, dissolution of the corporation,
and the distribution of assets among shareholders.
It�s
doubtful if many state legislators even know about the power they
have to regulate and control corporations.� Even if they do know,
it�s not likely that they would be willing to cross such powerful
entities that could, by the very act of opening the corporate purse
strings, end their political careers.� That is a very real possibility
for anyone with enough spine to take action.
There
might be a few legislators in each of the 50 state legislatures
who might be willing to take a stand against a corporation, but
it takes the legislature acting as a whole to accomplish what needs
to be done and, to do that, they need to know their country�s history
and the series of legislative actions and judicial decisions over
the past 150 years that have brought us to the present state of
affairs.
Fear
of acts by the people and their representatives at the state level
is the reason that many corporations--if not the richest and most
powerful--are incorporated in states where they are quite certain
that this could never happen. �That�s why corporations seek charters
from the State of Delaware.
For
example, Wal-Mart is incorporated in Delaware, not in Arkansas.�
They operate on certificates issued by the various secretaries of
state in the other 49 states.� That way, they don�t have to be chartered
in every state.
The
recent court decision on �political speech� for our �citizen� corporations
is rightfully alarming to many Americans, especially when one looks
at the character of the majority of justices in this decision, along
with the manner and philosophy of their jurisprudence.
The
decision was more like an imprimatur of what is the reality of corporate
control in American life, rather than a new twist on the electoral
process, which has been touted as the linchpin of our democracy.�
Money has been in charge of that for a long time.
Some
court justices could be forgiven for believing that corporations
have the rights of human citizens under the Bill of Rights, because
a few courts have done just that.� The one that has been cited most
in recent years is an 1886 ruling, Santa Clara County v. Southern
Pacific, did rule that a corporation was a natural person under
the U.S. Constitution.� By most accounts, it was an erroneous decision,
but it has been allowed to stand to this day.
Now,
the court in 2010 has added to the error of that long-ago decision,
by emphasizing that a legal fiction can be a human person.� Despite
protestations to the contrary, it is likely to further corrupt a
corrupt electoral system and render most federal legislators wary,
if not abjectly fearful, of what would happen to them if they cross
the powerful corporations, which have the deepest of deep pockets.
Rather
than wringing hands and calling the decision a tragedy (which it
is), it�s time for citizens (real, human citizens) to take action.�
It should start with learning what never was taught in school or
university about corporate charters, and then taking action against
any entity, corporate or otherwise, which threatens a �government
of the people, by the people, and for the people.�
BlackCommentator.com
Columnist, John Funiciello, is a labor organizer and former union
organizer. His union work started when he became a local president
of The Newspaper Guild in the early 1970s. He was a reporter for
14 years for newspapers in New York State. In
addition to labor work, he is organizing family farmers as they
struggle to stay on the land under enormous pressure from factory
food producers and land developers. Click here
to contact Mr. Funiciello. |