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Gold Member
- Apr 5, 2009
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...and-----and END CORPORATE RULE. LEGALIZE DEMOCRACY.
WA State Becomes 17th State To Move Reverse Citizens United
Yesterday morning we received incredible news! We have been certified by the Secretary of State's office, and I-735 will now go before the legislature. CONGRATULATIONS to all our hard working volunteers and supporters This is what democracy looks like .
Excerpts from http://www.wamend.org/faq and more at http://www.wamend.org/faq
What happens next?
Initiatives to the Legislature, if certified, are submitted to the Legislature at its regular session each January. Once submitted, the Legislature must take one of the following three actions:
What Constitutional Rights have corporations successfully claimed?
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...and-----and END CORPORATE RULE. LEGALIZE DEMOCRACY.
WA State Becomes 17th State To Move Reverse Citizens United
Yesterday morning we received incredible news! We have been certified by the Secretary of State's office, and I-735 will now go before the legislature. CONGRATULATIONS to all our hard working volunteers and supporters This is what democracy looks like .
Excerpts from http://www.wamend.org/faq and more at http://www.wamend.org/faq
What happens next?
Initiatives to the Legislature, if certified, are submitted to the Legislature at its regular session each January. Once submitted, the Legislature must take one of the following three actions:
- The Legislature can adopt the initiative as proposed, in which case it becomes law without a vote of the people;
- The Legislature can reject or refuse to act on the proposed initiative, in which case the initiative must be placed on the ballot at the next state general election; or
- The Legislature can propose a different measure dealing with the same subject, in which case both measures must be placed on the next state General Election ballot.
What Constitutional Rights have corporations successfully claimed?
- 1st Amendment Free Speech rights. Corporations use these rights, meant to protect human beings from the power of the state, to influence elections through political “contributions” (more like “investments”); to advertise for guns, tobacco and other dangerous products over the objections of communities; to avoid having to label genetically modified foods.
- 4th Amendment Search and Seizure rights. Corporations have used these rights to avoid subpoenas for unlawful trade and price fixing and to prevent citizens, communities and regulatory agencies from stopping corporate pollution and other assaults on people or the commons (e.g., prohibiting regulators from making surprise inspections).
- 5th Amendment Takings, Double Jeopardy and Due Process rights. Corporations use these rights to be compensated for property value lost (e.g., future profits) when regulations are established to protect homeowners or communities; to ensure they cannot be retried after a judgment of acquittal in court; to ensure that the granting of property to a corporation by a public official cannot be unilaterally revoked by a subsequent public official or Act of Congress.
- 7th Amendment Right to Trial by Jury. This amendment codifies the right to a jury trial in certain civil cases, and inhibits courts from overturning a jury's findings of fact. In Ross v. Bernhard, corporations get 7th Amendment right to jury trial in a civil case. The Court implies that the corporation has this right because a shareholder in a derivative suit would have that right.
- 14th Amendment Due Process and Equal Protection corporate rights. Corporations have used these rights 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; resist democratic efforts to prevent corporate mergers and revoke corporate charters through citizen initiatives. 14th Amendment rights, originally enacted to free slaves from oppression, were seen by corporations as a grand opportunity to also get equal protection. Between 1890 and 1910, more than 300 Supreme Court cases were heard under the 14th Amendment: 288 by corporations and only 19 by African Americans.
- Commerce Clause-related rights. Corporations have used this section of the Constitution (Article 1, Section 8), for example, to ship toxic waste from one state to another over the “health, safety and welfare” objections of communities by claiming the waste isn’t actually “waste” but “commerce.”
- Contracts Clause-related rights. The Supreme Court ruled in Dartmouth vs. Woodward (1819) that a corporation is as a party in a private contract based on the Contracts Clause (Art 1, Sec 10) rather than being a creature of public law. Even though the state creates a corporation when it issues a charter, that state is not sovereign over the charter, merely a party to the contract. Thus, corporations became “private contracts” with the state and, therefore, shielded from many forms of control by We the People.
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