Wednesday, March 25, 2009

Corporate personhood

Democracy Now!:

It is a democracy crisis. The question we started asking as our lawsuit [against Exxon] went on and on and on, and we didn’t get paid, was how did corporations get this big, where they can manipulate the legal system, the political system? What happened here? And I thought that was a really good question, so I went to answer it. And that became the final chapter of Not One Drop.

And I learned from other people’s work that there’s actually two ways to amend the Constitution. One is formally, through people-made law, which we’ve done twenty-seven times. And one is informally, through what Thomas Jefferson called the engine of consolidation, the federal judiciary, the Supreme Court.

And in 1886, the Supreme Court made sort of a seminal decision, where it granted a railroad corporation equal protection under the Fourteenth Amendment, which is, of course, a civil rights amendment for due process and equal protection for African American men. For the first forty years after that passed, there were 307 lawsuits brought, nineteen by African American men, the rest by corporations.

And at that point, when the Fourteenth Amendment passed to corporations, this thing called a corporate person arose. And that corporate person, in the eyes of the law, is able to access our rights, human rights, the Bill of Rights, constitutional protections. This is wrong. The word “corporation” never appears in the Constitution or the Bill of Rights. This is how we’ve lost freedom of speech. We still—we, as people, still have the First Amendment, but so do corporations. Free speech equals money. Those with more money have more speech. Pretty simple. So I began to understand that the legal system is broken. The election process is broken, all because of the same reason, this corporate personhood.

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