 Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty  Our Threatened Democracy  Role of Supreme Court  Regaining Sovereignty We the People v. Corporate “Persons” Presented by (Affiliate & presenter’s name here) Contact: ( & phone numbers here)

Has depleted our power to regulate corporations

Excessive Corporate Influence  Electoral process (unlimited contributions)  Legislation, e.g.: Trans Pacific Partnership (TPP) Tax loop-hole for fund managers  Cuts to regulatory agencies  Constitutional rights

Corporate Influence on Elections Green line = 501(c)(4) = Dark Money Source: Center for Responsive Politics

Corporate Influence on Legislation Hip replacementLipitor U.S. average: $40,364 U.S. average: $124 Spain average: $ 7,631 New Zealand: $ 6 Source: / Source:

Regulatory Agency Cuts – 2005: Inspections down from 1.77 to per 100,000 worker – 2011: Workplaces double; inspectors per workplace cut in half. Source:

Supreme Court: Overview  States must treat corporation as “persons” (14 th )  Corporation must maximize shareholder wealth  Protected from search (4 th )  Protected from “takings” (5 th )  Granted free speech; money = speech (1 st )

14 th Amendment prior to 1886 “The clause which forbids a State to deny to any person the equal protection of the laws was clearly intended to prevent the hostile discrimination against the negro race … a strong case would be necessary for its application to any other.” (Source: The Slaughterhouse Cases (1873). Justice Miller. at: )

Santa Clara Headnote: “The Court does not wish to hear argument on the question of whether the 14th Amendment to the Constitution…applies to corporations. We are all of the opinion that it does.” Pembrina: “Under the designation of person (in the 14 th Amendment) there is no doubt that a private corporation is included.” 14 th Amendment: 1886 & 1888 Source: Pembrina Consolidated Silver Mining and Milling Company v. Pennsylvania. Justice Field. At: Source: Santa Clara County v. Southern Pacific Railroad. At:

4 th Amendment (Search) 1906 Justice Harlan, dissenting “In my opinion, a corporation - an artificial being -, invisible, intangible, and existing only in contemplation of law cannot claim the immunity given by the 4th Amendment; for it is not a part of the 'people,' within the meaning of that Amendment. Justice Brown: “…we do not wish to be understood as holding that a corporation is not entitled to immunity, under the 4th Amendment, against unreasonable searches and seizures.” Source: Hale v. Henkel. /

Dodge v. Ford 1919 : The goal of a corporation is shareholder wealth maximization 1 1 Supreme Court Decision 1919, Dodge vs Ford. Source: Other Contributors: Health; Clean air and water; Ethical behavior; Recreational opportunities Welfare of future generations Wealth maximization is only one contributor to the General Welfare

5 th Amendment. Takings: 1922 vs “The grand plan was to make government pay compensation as for a taking of property every time its regulations impinged too severely on a property right—If the government labored under so severe an obligation, there would be, to say the least, much less regulation.” Charles Fried, Source: Order and Law in Echeverria & Hansen-Young, ”The Track Record on Takings Legislation: Lessons from Democracy’s Laboratories. Georgetown Environmental Law and Policy Program “Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law.” Justice Brandeis, 1922., “ Source: Pennsylvania Coal Co. v. Mahon at:

1st Amendment “The judgment of the District Court is reversed with respect to the constitutionality of … restrictions on corporate independent expenditures.” Source: Citizens United v. Federal Election Commission. At:

Regaining Sovereignty: Government Basics We the people are sovereign We delegate our authority to the state & federal governments People Government Corporations Unions NGOs Corporations Unions NGOs State governments create artificial entities:

We the People are Sovereign We Can & Must Rein in Corporations

The Means: Constitutional Amendment  19 th : Women get the right to vote Overturns Minor v. Happersett  28 th Proposed: Corporations are not people Overturn corporate Constitutional rights  Two paths: A.Congress proposes (2/3 of both houses) B.States call Convention (2/3 of legislatures) Either path requires ratification by 3/4 of states

Corporations are NOT People The General Welfare has precedence over Wealth Accumulation Corporations are abusing our Constitutional Rights – END IT

THANK YOU! Questions?

Selected Resources Allison, Jim. The Prosecution of Judge Waite. Available at: Starts about 3 minutes into video. Pdf available at: Echeverria, J. and Hansen-Young, T.. The Track Record on Takings Legislation: Lessons from Democracy’s Laboratories. Georgetown Environmental Law & Policy Institute Available at: Grossman, Richard L. and Frank T. Adams. Taking Care of Business Citizenship and the Charter of Incorporation. In Defying Corporations, Defining Democracy. Dean Ritz, ed., Apex Press. New York Kendall, Douglas T. and Charles P. Lord. The Takings Project: A critical analysis and assessment of the progress so far. Boston College Environmental Affairs Law Review. Vol Available at: Powell, Lewis F. Confidential Memorandum: Attack on American Free Enterprise System. Available at: