Corporate Zombies Are Eating Our Democracy

The issue of corporate “personhood” has come to the fore again, due to the Supreme Court decision in Citizens United v. Federal Election Commission, handed down on January 21st.

But even some corporations didn’t like the ruling. Dozens of current and former corporate executives from corporations including Delta, Playboy Enterprises, Ben & Jerry’s, Seagram’s, Hasbro, Delta Airlines, Men’s Wearhouse and Crate & Barrel sent a letter to Congress asking it to immediately pass the Fair Elections Now Act, which would publicly finance all congressional campaigns out of a special fund created by a fee levied on TV broadcasters. They say they are tired of getting fundraising calls from lawmakers and now it will get worse.

Of course, these smaller corporations are not the ones who will be doing most of the new spending anyway. It’ll be the mega-corporations, the ones that have been buying legislation through campaign contributions and their swarms of lobbyists on Capitol Hill for some time now. It’s just that now there will be no limits on their so-called “speech.”

The concept of “corporate personhood” grew out of a Supreme Court case decided in 1886, San Mateo County v. Southern Pacific Railroad Co. However, it was just a note by the court reporter that somehow miraculously bestowed this status on corporations. J.C. Bancroft Davis, wrote for the court: “The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does.”

Justice Hugo Black (who served on the Court from 1937-1971) wrote, “In 1886, this Court in the case of Santa Clara County v. Southern Pacific Railroad, decided for the first time that the word ‘person’ in the amendment did in some instances include corporations...The history of the amendment proves that the people were told that its purpose was to protect weak and helpless human beings and were not told that it was intended to remove corporations in any fashion from the control of state governments...The language of the amendment itself does not support the theory that it was passed for the benefit of corporations.”

During the Court’s deliberations in this most recent decision, freshly appointed Justice Sonia Sotomayor suggested the majority might have it all wrong, and that the court should reconsider the 19th century rulings that first afforded corporations the same rights as flesh-and-blood people. Judges “gave birth to corporations as persons,” she said. “There could be an argument made that that was the court’s error to start with...[imbuing] a creature of state law with human characteristics.”

Clearly, it is a flawed precedent. And instead of compounding the error by wiping out a hundred years of other precedent that at least put some limits on corporate spending in political campaigns, the Court should have corrected the original mistake, as Sotomayor suggested.

Congress is debating a new bill that aims to counter the Court’s decision, but by most accounts – and like everything Congress does these days pertaining to corporate power – it is much too weak.

Surely, the future of democracy itself in the USA is at stake. Until we can take the big money out of politics, our elected officials will continue to serve the entities that provide them with the money to run big, expensive campaigns, instead of the people. Corporate spending should not be protected as free speech, for it is just the opposite – the practice smothers the real free speech of actual citizens, rendering our views seemingly irrelevant.

Happy friggin’ new year

I’d like to say “Happy New Year,” but it’s not looking very good for so many people. “Hope and change” seems to have dissolved into despair and more of the same.

I’ve developed a pretty thick skin, politically speaking, over the years. Idealistic in my youth, as the youth tends to be, I thought our generation (I’m 55) could turn things around. When politician after politician dashed my hopes, I decided it was the system, and things would never change until fundamental changes were made there.

I still believe that. Most of all, we must somehow, as a nation, get the big money out of politics. It is corrupting everything, especially Congress, as the recent health care fiasco so obviously shows. (When over 70% of the nation says it wants a robust public option, for example, you’d think it’d be a slam dunk. But no, the insurance companies that pile on the cash for Lieberman and his ilk get their way, yet again!)

I allowed myself to believe Barack Obama was really going to be different. After all, he wasn’t part of the privileged class, like so many of our presidents have been. He worked hard to make something of himself, then eschewed high-paying lawyer jobs to work for the downtrodden on the streets of Chicago. Surely, I thought, this man could not be so easily corrupted.

But there’s something about holding high office, apparently. Now, he does the bidding of his generals and wages war, as is the American custom. He sits on the sidelines and twiddles his thumbs as the very issue that got him elected gets debated in Congress, seemingly oblivious to the fact that botching it would piss off the majority of people who voted for him. He didn’t even defend the things he campaigned for, like the public option.

He and the super-majority of Democrats we elected compromise before the debate even starts, then compromise some more. Any real bargainer knows you start with something way beyond what you expect to get (in this example, Single Payer), giving you a bargaining tool, in order to end up with something acceptable (like a robust public option). You don’t start with what you really want. Not when you’re negotiating with such a powerful force as Big Money, which is, in the final analysis, the actual opponent.

So, surprise, surprise, we end up with something Big Money (and Big Insurance) is very happy with, but which helps the public very little, if at all. And now we’re set to do it all over again, with bank “reform.” Yeah, right! I can save everyone a lot of time: just ask the banks what they want. They’ll get it anyway.

As I see it, every group fighting for change on any issue ought to all come together and fight for campaign reform. Because until we get the big money out of politics, we’ll keep witnessing the same charade, over and over again.

So, happy friggin’ new year.

Sorry excuse for an election system

I was sorry to see Edwards bow out of the race, but sorrier still to see once again how our lousy election system plays out. Nine months before the election, and we're already down to basically three candidates -- two on the Democratic side, one on the Republican. And of course, no independents. And it's all because of the corrosive effects of big money.

Make no mistake, it is because of the huge piles of cash involved that states try so hard to jostle near the front of the line with their primary dates. Everyone knows the biggest pile of money gets thrown at the early states, for the reason we're seeing play out now -- candidates (and their backers) feel they cannot compete if they don't get some early victories.

For one thing, it shouldn't be a winner-takes-all approach for the delegates -- just like it shouldn't be for the electoral college in the general election. For another, and I know I sound like a broken record on this subject, but we have GOT to get the big money out of our election system altogether. What we end up with every single time is candidates who serve their constituency alright, and very faithfully. Unfortunately, that constituency is not the voters, but the ones who helped them buy those votes with big ad campaigns -- their big money donors.

This is the underlying cause of ALL our problems, I feel. We cannot begin to address the real, underlying solutions to our myriad crises in this country without first addressing this one. Only when candidates feel a real need to do what the public wants will they begin to solve our problems. Health care, environment, military, corporate greed, the economy -- the reason these are SO screwed up is that our so-called 'leaders' have been led by the nose themselves, right to the feeding troughs of the very rich.