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Draft

UN SDG Target 10.3.3 &Target Action Plan #14

14. Vacate as Null and Void Citizens United and Scores of Other Unconstitutional Court Rulings Without Amending the Constitution and

Repair the Damages Caused by these Rulings

(Updated March 22, 2017

(Readers - please provide constructive comments and additional injurious, unjust court rulings to the compiler and editor of this document Ron Fisher, Fisher@PeopleNow.org)


14.1    Introduction



Table of Contents

 

14.1Introduction

 

14.2Purpose

 

14.3 Objectives

 

14.4Vacate as Null and Void:

 

14.4.1The Following That Help Establish Very Damaging Wrongful and Unlawful Theory of Corporate Rights and Corporate Personhood by Using False Precedents

14.4.1.1 False Statement in the Headnote of the United States Report for Santa Clara County v. Southern Pacific Railroad Company (118 U.S. 394) (1886)

14.4.1.2 Chicago, Milwaukee and St. Paul Railway v. Minnesota 1890, which unconstitutionally granted corporations Fourteenth Amendment due process (state legislation) rights

14.4.1.3Noble v. Union River Logging Railroad Company 1893 which unconstitutionally granted corporations Fifth Amendment due process (federal legislation) rights

14.4.1.4 Hale v. Henkel 1906 which unconstitutionally granted corporations Fourth Amendment rights to freedom from unreasonable searches

14.4.1.5 Armour Packing Company v. US 1908 which unconstitutionally granted corporations Sixth Amendment rights to a jury trial in a criminal case

14.4.1.6 Pennsylvania Coal Company v. Mahon 1922 which unconstitutionally granted corporations Fifth Amendment rights to compensation for government takings

14.4.1.7 Fong Foo v U.S. 1962 which unconstitutionally granted corporations the Fifth Amendment right against being tried twice for the same offense.

14.4.1.8 Ross v. Bernhard, 1970 which unconstitutionally granted corporations the Seventh Amendment right to a jury trial in a civil case

14.4.1.9Buckley v. Valeo, 424 U.S. 1 (1976) which unconstitutionally ruled certain limits on campaign spending constituted violations of the First Amendment and equated money with speech.

14.4.1.10 Virginia Board of Pharmacy v. Virginia Citizens Consumer Council, 1976, and Central Hudson Gas, 1980 which unconstitutionally granted corporations the First Amendment right of "commercial free speech"

14.4.1.11 Marshall v. Barlow's, 1978 which unconstitutionally granted corporations the Fourth Amendment right against unwarranted regulatory searches

14.4.1.12 First National Bank of Boston v. Bellotti 1978 which unconstitutionally granted corporations the First Amendment right to spend money to influence a state referendum (endnote #1).

14.4.1.13 Pacific Gas & Electric Co. v. Public Utilities Commission, 1986 which unconstitutionally granted corporations the First Amendment right of "negative free speech"

14.4.1.14 Citizens United v. Federal Election Commission, (No. 08-205) 130 S. Ct. 876 (2010)

 

14.4.2The Following Miscelaneous Supreme Court Rulings

14.4.2.1Plessy v. Ferguson (1896) which established the unconstitutional, wrongful and unlawful theory of “separate but equal”

14.4.2.2District of Columbia v. Heller, 554 U.S. 570 (2008) which established the unconstitutional ,wrongful and unlawful theory that the 2nd Amendment protects an individual's right to possess a firearm.

14.4.2.3McDonald v. Chicago, 561 U.S. (2010), an unconstitutional, unjust decision, that held that individual gun rights applies to the states.

 

14.5Background

 

14.6Laws Regarding Void or Voidable Court Judgments, Rulings and Orders

 

14.7Descriptions of Unjust Court Rulings Based on the Unconstitutional, Wrongful and Unlawful Theory of Corporate Constitutional Rights

 

14.8 Correct the Damages Caused by Citizens United & Other Rulings and Ensure Such Rulings Do Not Happen Again

 

Attachment A: Why a Constitutional Amendment to Set Aside Citizens United is Neither Needed Nor Desirable

 

Attachment B: Table 1.1, “Three Phases in the Development of Corporate Rights” from the Book Gangs of America: The Rise of Corporate Power and the Disabling of Democracy by Ted Nace

 

Attachment C: Federal Rules of Civil Procedure, Rule 60. Relief from a Judgment or Order


-------------------------

  

14.2    Purpose


Provide a plan to set aside the Citizens United v. Federal Election Commission and scores of other unconstitutional court rulings without amending the constitution, repudiate any notion of corporations having rights and corporate personhood, strictly limit and regulate the source, type and amount/value of all campaign contributions in particular to get all corporate funds and lobbyist out of elections and politics and direct and indirect electioneering support and correct the injustices caused by these unconstitutional, illegal, immoral rulings.


14.3     Objectives


14.3.1  Reaffirm Congress’s role “To make all Laws which shall be necessary and proper for carrying into Execution ... all ... Powers ... vested by this Constitution”.


14.3.2 Repudiate and remove the fabricated, unconstitutional statement from the Headnote In the United States Report for Santa Clara County v. Southern Pacific Railroad Company (118 U.S. 394) (1886) which falsely states:

 

The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment to the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws.


14.3.3  Repudiate any notion of corporate rights or corporate personhood

 

14.3.4  Set aside all unconstitutional court rulings, in particular those that supposedly grant rights or personhood to corporations, and provide reparations/restitution for the victims of these rulings

 

14.3.5  Replace the remaining four of the five Supreme Court justices the court who ruled in favor of Citizens United v. Federal Elections Commission

 

14.3.6  Refine/replace campaign finance laws with legislation that strictly limits the source, type and amount of all direct, indirect and in-kind campaign contributions and electioneering support and in particular removes all corporation funds and lobbyists from elections and politics.


14.3.7 Remove all Judges and Jurists for Fraud on the Court


14.4    Vacate as Null and Void:


14.4.1 The Following That Help Establish Very Damaging Wrongful and Unlawful Theory of Corporate Rights and Corporate Personhood by Using False Precedents


Background:

The word corporation does not appear in the Constitution. All proposals to include corporations in the Constitution were voted down by delegates to the constitutional convention because of their concerns with the horrible abuses of British corporations including the Virginia Company, whose abuses killed at least three thousand men, women and children on forced-labor tobacco plantations and attempted to monopolize American commodities.


Amendment XIV, Section 1 of the Constitution clearly states that only persons are entitled to protection under the Fourteenth Amendment:

 

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”


Unambiguous Constitutional provisions apply as written. If a constitutional provisional is plain and unambiguous, we do not construe it but apply it as written. Town of Madison v. Ford, 255 Va. 429, 498 S.E. 2d 235 (1998). The Constitution means what it says.


Nothing in the Constitution, including the Fourteenth Amendment, supports any interpretation that would give corporations rights or personhood status.


There is “standing case law, saying that corporations did not deserve the constitutional rights of human persons--from the birth of the republic, right up through 1860 and long beyond. Footnote


All parts of court rulings or opinions and laws based on the theory of corporate constitutional rights, corporations being entitled to protection under the Fourteenth Amendment or under the First Amendment are null and void or at least voidable.


The purpose of Section 1 of the Fourteenth Amendment, ratified in 1868 -three years after the Civil War, was to assure the equal protection of the law for recently freed blacks.


After the 14th Amendment was ratified, corporations, with considerable money they made from the civil war, had their lawyers begin wrongfully and unlawfully claiming that “corporations are persons under the Fourteenth Amendment”. In particular, they wanted to pay less or no taxes same as our large corporations today.


At first, the Supreme Court Jurists justly and wisely disagreed with the argument .


Doug Hammerstrom in his outstanding article the Hijacking of the Fourteenth Amendment Footnote (www.ReclaimDemocracy.org/personhood/fourteenth_amendment_hammerstrom.pdf) states:

 

In 1873 when the Supreme Court heard the Slaughterhouse Cases, its first Fourteenth Amendment case, the Court rebuked the attempts of business interests to use the amendment, saying that the Fourteenth Amendment’s “main purpose was to establish the citizenship of the Negro.” Justice Miller added, “We doubt very much whether any action of a State not directed by way of discrimination against the Negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.”

 

By the mid-1870s, however, the mood had turned. Reconstruction was ended in a deal cut to resolve the 1876 presidential election.

 

In Kentucky Railroad Tax Cases, 115 U.S. 321 (1885), the assertion again was made that taxes violated a railroad's due process rights. The assertion was also made - for at least the third time before the Supreme Court – that corporations are persons under the Fourteenth Amendment.


The majority of the Supreme Court Jurists justly and wisely disagreed with these assertions again and ruled that corporations are not persons.


           14.4.1.1           False Statement in the Headnote of the United States Report for Santa Clara County v. Southern Pacific Railroad Company (118 U.S. 394) (1886)


Decisions reached by the Supreme Court are provided to the legal community with books called United States Reports. In these books each report of a case includes a head-note in which the court reporter summarizes the opinion and outlines the main facts and arguments. The Supreme Court has defined head notes as "not the work of the Court, but simply the work of the Reporter, giving his understanding of the decision, prepared for the convenience of the profession." Footnote


On May 26, 1886, the court reporter, J. C. Bancroft Davis, former president of the Newburgh and New York Railway Company and apparently at the time a member of the Board of the Union Pacific Railroad, wrote the following as part of his headnote in the United States Reports for the May 10,1886 Supreme Court decision for Santa Clara County v. Southern Pacific Railroad Company (118 U.S. 394) (1886). Footnote .

    

"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. Footnote


This false entry in the headnote wrongfully and unlawfully states that the Supreme Court unanimously expressed an opinion/ruled 16 days earlier that corporations enjoyed the same rights under the Fourteenth Amendment as did persons.


This opinion was not expressed in the case nor was this issue decided on by the Court.


Even if the entire had Court ruled that corporations had the rights of persons under the Constitution, they would still not have these rights (If a judge rules that a person’s nose is a foot, the person would still have two feet and one nose). Supreme Court Justices are not infallible.


Although Chief Justice Waite and the other eight Supreme Court Jurist, knew that the statement in the headnote was false, they failed to have it corrected and in not doing so committed fraud on the Court.


Doug Hammerstrom in the Hijacking of the Fourteenth Amendment Footnote states:

 

The corporate legal campaign to gain ‘personhood' status finally succeeded. Justice Stephen J. Field, a racist, [wrongfully and unlawfully] cited Santa Clara as holding that corporations are persons in a later case,[Minneapolis & St. Louis Railway Company v. Beckwith] and that [false] notion of Santa Clara’s holding has stuck.


The Supreme Court in Marbury v. Madison compared the actual wording of the section of the law they found to be unconstitutional with the Constitution.


Justice Field, a former lawyer for railroads, used a false precedent instead of the Constitution or any of the three precedents wherein the Supreme Court had ruled that . He committed fraud on the court when he “cited Santa Clara as holding that corporations are persons” and wrongfully and unlawfully initiated the false legal theory that corporations are entitled to protection under the Fourteenth Amendment Footnote . Other justices, most of whom were former attorneys for railroads, also committed fraud on the Court when they voted that corporations had rights.

 

Of the 150 cases involving the Fourteenth Amendment heard by the Supreme Court up to the Plessy v. Ferguson case in 1896 that established the legal standing of "separate but equal," 15 involved blacks and 135 involved business entities. The scope of the Fourteenth Amendment to secure the political rights of former slaves was so restricted by the Supreme Court that blacks won only one case.


This is deplorable and criminal.


Historians James and Tomi Allison have conducted comprehensive scholarly legal research into the Supreme Court and corporate personhood. James has written and presented a play: The Prosecution of Judge Waite based on this research and available for download at http://www.thealliancefordemocracy.org/pdf/JudgeWaite.pdf


The following is paraphrased from The Prosecution of Judge Waite


           Morrison Remick Waite, Chief Justice of the United States Supreme Court, 1874-

1888, was educated at Yale and practiced law in Ohio, much in defense of railroads and big corporations. Santa Clara County v. Southern Pacific Railroad This simple tax case, about fences the railroad built along its rails, had nothing to do with corporate personhood. ... Yet, almost any professor of constitutional law will tell you that THIS case was the precedent for corporate personhood and for Citizens United

 

In May 1886, Waite’s court heard arguments and made decision in Santa Clara County v. Southern Pacific Railroad Company and Court Reporter Davis wrote the false headnote about 14th Amendment protection for corporations.

 

The railroads knew how to spend their huge Civil War profits to best advantage. They rented the very best lawyers with the very best connections and they curried favor with the most important judges

 

It was very common for railroads to provide favors to, Chief Justice Waite, and other judges even as they adjudicated railroad cases. It was customary for railroads, early each year, to send Waite and other judges a free pass for that year. Chief Justice Waite was especially favored: When he took a long trip he often had a private Pullman car at his disposal. In January, 1886 he received at least three annual passes.

 

During that same period, May 1986, Waite’s son had been arranging free transportation on various steamship lines and railroads, one which was Southern Pacific, for a trip to Alaska for Waite and his daughter . During this trip, Waite and his daughter were hosted in San Francisco by Mr. Leland Stanford, President of Southern Pacific Railroad who:

 

          extended every courtesy possible.

 

          gave Waite letters addressed to his railroad employees, directing them to do all they could to make Waite and his daughter more comfortable in their travels.

 

          provided an excursion to Monterey for Waite and several California judges, In a private railroad car with abundant Chinese servants

 

          provides more railroad travel in California, this time northeast to Truckee, with luminaries of law, government, and the Mormon Church.


           These were conflicts of interest at best, and graft at worst. Footnote


Similarly, today we have at least Justices Thomas and Scalia accepting bribes Footnote from the Koch Brothers.


           14.4.1.2           Chicago, Milwaukee and St. Paul Railway v. Minnesota 1890, which unconstitutionally granted corporations Fourteenth Amendment due process (state legislation) rights (endnote #1)


           14.4.1.3          Noble v. Union River Logging Railroad Company 1893 which unconstitutionally granted corporations Fifth Amendment due process (federal legislation) rights (endnote #1)


           14.4.1.4           Hale v. Henkel 1906 which unconstitutionally granted corporations Fourth Amendment rights to freedom from unreasonable searches (endnote #1)


           14.4.1.5           Armour Packing Company v. US 1908 which unconstitutionally granted corporations Sixth Amendment rights to a jury trial in a criminal case (endnote #1)


           14.4.1.6           Pennsylvania Coal Company v. Mahon 1922 which unconstitutionally granted corporations Fifth Amendment rights to compensation for government takings (endnote #1)


Bill Moyer in the foreword to Jeffrey Clement's outstanding new book Corporations Are Not People states:

 

“ ... the historian Bernard Weisberger, wrote recently, the Supreme Court remained a procorporate conservative fortress for the next fifty years after the Southern Pacific decision. Decade after decade it struck down laws aimed to share power with the citizenry and to promote "the general welfare." In 1895, it declared unconstitutional a measure providing for an income tax and gutted the Sherman Antitrust Act by finding a loophole for a sugar trust. In 1905, it killed a New York state law limiting working hours. In 1917, it did likewise to a prohibition against child labor. In 1923, it wiped out another law that set minimum wages for women. In 1935 and 1936, it struck down early New Deal recovery acts.


The theory that corporations are entitled to protection under the fourteenth amendment was obtained by fraud on the court, has been used to commit fraud, is null and void and can be attacked in any court at any time. Any supreme court justice or judge in any court who has based his ruling or vote on Corporations having rights under the Fourteenth Amendment has committed fraud on the court.


The Justices of the Supreme Court have failed to correct this wrongful and unlawful theory and many of them have wrongfully and unlawfully used it in cases which have caused massive damage to the people, our environment, natural resources, political processes, elections and government.


           14.4.1.7           Fong Foo v U.S. 1962 which unconstitutionally granted corporations the Fifth Amendment right against being tried twice for the same offense. (endnote #1)


           14.4.1.8           Ross v. Bernhard, 1970 which unconstitutionally granted corporations the Seventh Amendment right to a jury trial in a civil case (endnote #1)


The following is paraphrased from Jeffrey D. Clement's outstanding book, Corporations Are Not People. It covers Supreme Court Associate Justice Lewis Powell's Plan to Create Corporate Rights Using Activist Supreme Court Judges Footnote


"In 1971, Lewis Powell, a shrewd, dishonest, corporate lawyer, a representative for the tobacco industry with the Virginia legislature and a director of more than a dozen international corporations, including Philip Morris Inc., a global manufacturer and seller of cigarettes, wrote a confidential memorandum to the leadership of the United States Chamber of Commerce. In this memorandum Powell outlined a critique and a plan to use "activist" Supreme Court judges to create corporate rights. The roots of Citizens United lie in Powell's 1971 strategy [and in the false statement in the Headnote in the United States Report for Santa Clara County v. Southern Pacific Railroad Company.]

 

In this confidential memo Powell, who would be nominated to the U. S. Supreme five months later, stated:

 

Corporations must organize and fund a drive to achieve political power through "united action." Powell emphasized the need for a sustained, multi-year corporate campaign to use an "activist-minded Supreme Court" to shape "social, economic and political change" to the advantage of corporations.

 

... independent and uncoordinated activity by individual corporations, as important as this is, will not be sufficient. Strength lies in organization, in careful long-range planning and implementation, in consistency of action over an indefinite period of years, in the scale of financing available only through joint effort, and in the political power available only through united action and national organizations.


Powell's 1971 memo to the Chamber of Commerce laid out a corporate rights and a corporate power campaign. The Chamber and the largest corporations then implemented these recommendations with zeal, piles of money, patience, and an activist Supreme Court.


Corporations and corporate executives also funded a wave of new "legal foundations" in the 1970s. These legal foundations were intended to drive into every court and public body in the land the same radical message, repeated over and over again, until the bizarre began to sound normal: corporations are persons with constitutional rights against which the laws of the people must fall.


These foundations began filing brief after brief challenging state and federal laws across the country. The foundations and the corporate lawyers argued that "corporations are persons" with the "liberty secured to all persons." They used new phrases like "corporate speech," the "rights of corporate speakers," and "the corporate character of the speaker." They demanded, as if to end an unjust silence, "the right of corporations to be heard" and "the rights of corporations to speak out."


The ideas expressed by Powell in his 1971 memorandum to the Chamber of Commerce came out of his personal involvement in the aggressive resistance of the cigarette corporations to efforts to address the devastating social and public costs of its lethal products. As a director and an executive committee member of Philip Morris, Powell shared responsibility for the fraudulent attack on the conclusions of scientists and the surgeon general by the cigarette industry and for its false insistence for years that "no proof" showed cigarettes to be unhealthy.


As counsel to the cigarette industry and as a Philip Morris director, Powell already had begun testing the use of activist-minded courts to create corporate rights. In one case in the late 1960s, Powell argued that any suggestion that cigarettes caused cancer and death was "not proved" and was "controversial." Therefore, according to Powell, the Federal Communications Commission wrongly violated the First Amendment rights of cigarette corporations by refusing to require "equal time" for the corporations to respond to any announcement that discouraged cigarette smoking as a health hazard.


Even the U.S. Court of Appeals for the Fourth Circuit, based in the tobacco-friendly South, rejected this claim. Although Powell lost that time, he went on to win far more than he could have imagined after he got on the Supreme Court.


In January 1972 when President Nixon appointed Powell to the Supreme Court, neither Congress nor most Americans knew of Powell's radical corporatist views. The memo was not disclosed during Powell's confirmation proceedings ‘’ environment, tobacco and public health, food and drugs, financial regulation, and more.


Several vigorous dissents resisted the concept of corporate rights. The most vigorous came from the conservative Justice William Rehnquist. He grounded his dissents in the fundamental proposition that our Bill of Rights sets out the rights of human beings, and corporations are not people. For years, Rehnquist maintained this principled conservative argument, warning over and over again that corporate rights have no place in our republican form of government.


Despite the Rehnquist dissents, The millions of dollars invested in the radical corporate rights campaign began to pay off. Powell's vision of an unregulated corporate political "marketplace," where corporations are freed by activist courts from the policy judgment of the majority of people, won out.                                                                                                                    


           14.4.1.9          Buckley v. Valeo, 424 U.S. 1 (1976) which unconstitutionally ruled certain limits on campaign spending constituted violations of the First Amendment and equated money with speech. In Buckley v. Valeo, in 1976, the US. Supreme Court ruled, among other things that, mandatory limits on candidates spending of their own money, limits on independent expenditures, and limits on total campaign spending constitute violations of the First Amendment. This ruling constitutes a central obstacle to effective campaign finance reform. The ruling does this in two ways: First, equating money with speech, the decision prohibited governments from imposing spending limits on candidates. Second, by acknowledging that, at the same time, large contributions can be potentially corrupting and allowing them to be capped, the decision created perfect condition for a black market in "soft money"--high demand for a suppressed supply of dollars Footnote


           14.4.1.10         Virginia Board of Pharmacy v. Virginia Citizens Consumer Council, 1976, and Central Hudson Gas, 1980 which unconstitutionally granted corporations the First Amendment right of "commercial free speech" (endnote #1)


           14.4.1.11         Marshall v. Barlow's, 1978 which unconstitutionally granted corporations the Fourth Amendment right against unwarranted regulatory searches (endnote #1)

 

           14.4.1.12         First National Bank of Boston v. Bellotti 1978 which unconstitutionally granted corporations the First Amendment right to spend money to influence a state referendum (endnote #1). Several international corporations — including Gillette, the Bank of Boston, and Digital Equipment Corporation — filed a lawsuit after the people of Massachusetts banned corporate political spending intended to influence a citizen referendum. Justice Lewis Powell cast the deciding vote and wrote the 5–4 decision wiping off the books the people's law intended to keep corporate money out of citizen ballot questions. For the first time in American history, corporations had successfully claimed "speech" rights to attack laws regulating corporate money in our elections.


With that success, an emboldened corporate rights campaign next attacked energy and environmental laws. ... utility corporations and the array of corporate legal foundations all argued that a New York law prohibiting utility corporations from promoting energy consumption violated the corporations’ rights of free speech. The corporations won again, and again Justice Powell wrote the decision for the activist Supreme Court that he had imagined in his 1971 Chamber of Commerce memo. The corporate interest in promoting energy consumption for corporate profit trumped the people’s interest in energy conservation. Over a period of six years, Justice Powell wrote four key corporate rights decisions for the Supreme Court. These unprecedented cases transformed the people’s First Amendment speech freedom into a corporate right to challenge public oversight and corporate regulation.


Powell led a majority of the Court to accept the repeated mantra that “corporations are persons” and corporate “voices” must be free, and the sustained attacks on the people’s laws continued for the next two decades. Oil, coal, and utility corporations, tobacco corporations, chemical and pharmaceutical corporations, alcohol corporations, banking and other Wall Street corporations, and many others all successfully claimed corporate speech rights to invalidate federal, state, and local laws. ... corporations even succeeded in attacking the right of parents to know whether the milk they fed their children came from cows treated with Monsanto’s genetically engineered recombinant DNA bovine drug.


           14.4.1.13         Pacific Gas & Electric Co. v. Public Utilities Commission, 1986 which unconstitutionally granted corporations the First Amendment right of "negative free speech" (endnote #1)


           14.4.1.14         Citizens United v. Federal Election Commission, (No. 08-205) 130 S. Ct. 876 (2010).


On January 21, 2010, in Citizens United v. Federal Election Commission, without the federal law that had limited corporate and union spending on "electioneering communication" (broadcasting) aimed at the election or defeat of a specific candidate being properly before the court, five Supreme Court Jurists wrongfully and unlawfully took it up and on their own initiative wrongfully and unlawfully held it unconstitutional.


The decisions of these five jurist wrongfully and unlawfully:

 

          Implicitly overturned100 years of federal law-and by further implication, state laws-limiting corporate expenditures on elections with broad language.

 

          Overruled two important precedents about First Amendment rights of corporations; Austin v. Mich. Chamber of Commerce, a 1990 decision that upheld restrictions on corporate spending to support or oppose political candidates, and McConnell v. Federal Election Commission, a 2003 decision that upheld the part of the Bipartisan Campaign Reform Act of 2002 [“McCain-Feingold”] that restricted campaign spending by corporations and unions.

 

          Failed to distinguish between domestic and foreign owned corporations and knowingly left America vulnerable to the latter.

 

          Allowed unlimited corporate spending on ads for or against candidates for federal office combined with other court rulings, Super PACs and secret campaign spending. Four times as much was spent in 2010 as in the last mid-term election in 2006. Half of all this money came from secret donors, Super PACs are now being used heavily in 2012 campaigns

 

          Have and are causing massive damage to elections, politics, government and the reputation of and the citizen’s faith in the Supreme Court.


The five Jurist's wrongful and unlawful rationale was that the First Amendment applies to corporations (corporate personhood) and that restrictions on spending are restrictions on speech. They used false precedents rather that the Constitution to make this ruling


Corporations have never had the rights of persons. Nothing in the Constitution or the First Amendment supports any such interpretation.


Spending Money to Influence Elections is not Constitutionally Protected Free Speech. Any Supreme Court rulings that spending money to influence elections is a form of constitutionally protected free speech are null and void. The First Amendment protects "Free Speech" of the people.


The theory that corporations are entitled to protection under the fourteenth amendment was obtained by fraud on the court, has been used to commit fraud, is null and void and can be attacked in any court at any time. Any supreme court justice or judge in any court who has based his ruling or vote on Corporations having rights under the Fourteenth Amendment has committed fraud on the court.


The Justices of the Supreme Court have failed to correct this wrongful and unlawful theory and many of them have wrongfully and unlawfully used it in cases which have caused massive damage to the people, our environment, natural resources, political processes, elections and government.


The Supreme Court in Marbury v. Madison compared the actual wording of the section of the law they found to be unconstitutional with the Constitution.


used a false precedent instead of the Constitution. He committed fraud on the court when he “cited Santa Clara as holding that corporations are persons” and wrongfully and unlawfully initiated the false legal theory that corporations are entitled to protection under the Fourteenth Amendment, Westlaw,


http://www.answers.com/topic/santa-clara-county-v-southern-pacific-railroad. Other justices, most of whom were former attorneys for railroads, also committed fraud on the Court when they voted that corporations had rights.


ACTION: Refine and implement this Plan to Get Corporate Funds and their Lobbyists Out of Politics, Elections and the Government which is a key part of the Strategic Plan for a Plan for a Peaceful Prosperous Just World.





14.4.2 The Following Miscelaneous Supreme Court Rulings


           14.4.2.1          Plessy v. Ferguson (1896) which established the unconstitutional, wrongful and unlawful theory of “separate but equal” In 1890 Louisiana passed a law requiring “equal but separate” train carriages for white and black passengers. The penalty for refusing to comply was a $25 fine or up to twenty days’ imprisonment. An “octoroon” (one-eighth black) named Homer Plessy sought to challenge the law: he entered a white carriage, and after refusing to leave he was evicted from the train and arrested. He argued that the statute violated the Fourteenth Amendment’s equal protection clause, taking the case all the way to the Supreme Court. In Plessy v. Ferguson (1896), the Court famously denied his claim and blessed the separate but equal doctrine, declaring, “If one race be inferior to the other socially, the constitution of the United States cannot put them upon the same plane.” Fifty-eight years later, the Court reversed itself and overruled Plessy. In Brown v. Board of Education, the Court concluded that separate facilities for whites and blacks are inherently unequal. ... the Brown Court ... took pains to avoid saying that Plessy had been wrong from the beginning. Endnote


Plessy, obviously wrong, unconstitutional, unjust and tremendously injurious from the tine it was ruled is one of the primary causes of the unemployment, lack of educational opportunities, poverty and the high incarceration rates of blacks today. The fact that it took 58 years to just partially provide equal education for blacks and no action to correct its injustices is proof positive of a failure of the Supreme Court and the other two branches of our government..


           14.4.2.2          District of Columbia v. Heller, 554 U.S. 570 (2008) which established the unconstitutional ,wrongful and unlawful theory that the 2nd Amendment protects an individual's right to possess a firearm. The decision did not address the question of whether the Second Amendment extends beyond federal enclaves to the states,[1] which was addressed later by McDonald v. Chicago (2010). The 2nd Amendment is about militias providing security of states not personal protection. Pistols are sidearms. Arms includes cannons and today - tanks, nuclear weapons, combat aircraft and ships, etc. http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller which includes more information about Heller including outstanding dissenting opinions.


           14.4.2.3          McDonald v. Chicago, 561 U.S. (2010), an unconstitutional, unjust decision, that held that individual gun rights applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states. From http://en.wikipedia.org/wiki/McDonald_v.Chicago which includes more information about McDonald including outstanding dissenting opinions.

 

Heller and McDonald made possible many single and multiple murder including school children in Newton, Connecticut.



14.4.3  Other Actions


14.4.3.1           Insure this plan is integrated with the Common, Universal Strategic Plan for a

Peaceful, Prosperous and Just World

 

14.4.3.2           Continue to add to and refine this plan.


14.4.3.3          Lists other known injurious, unjust case law and court rulings and arrange these items by cognizant Congressional Committee/Subcommittee.


14.4.3.4          Inform and educate, Congress beginning with members of the Congressional Progressive Caucus (CPC), the administration and the courts on these injurious, unjust items and proposed corrective actions.


14.4.3.5          Set aside those parts of Court Rulings which were based on corporation having constitutional rights or corporate personhood including:

 

14.4.3.6          Buckley v. Valeo, 424 U.S. 1 (1976), that ruled "mandatory limits on candidates spending of their own money, limits on independent expenditures, and limits on total campaign spending constitute violations of the First Amendment i.e. spending unlimited amounts of money to influence elections is a form of constitutionally protected free speech.

+

14.4.3.7          Citizens United v. Federal Election Commission, (No. 08-205) 130 S. Ct. 876 (2010) Repudiate and remove the following statement from the head note In the United States Report for Santa Clara County v. Southern Pacific Railroad Company (118 U.S. 394) (1886).

 

The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment to the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws.


14.4.3.8           Repudiate any notion of corporate rights or corporate personhood


14.4.3.9           Set aside:

 

14.4.3.9.1       Buckley v. Valeo, 424 U.S. 1 (1976), that ruled "mandatory limits on candidates spending of their own money, limits on independent expenditures, and limits on total campaign spending constitute violations of the First Amendment i.e. spending unlimited amounts of money to influence elections is a form of constitutionally protected free speech.


14.4.3.9.2        Citizens United v. Federal Election Commission, (No. 08-205) 130 S. Ct. 876 (2010)


14.4.3.9.3        Fong Foo v U.S. 1962 which unconstitutionally granted corporations the Fifth Amendment right against being tried twice for the same offense.


14.4.3.9.4       Ross v. Bernhard, 1970 which unconstitutionally granted corporations the Seventh Amendment right to a jury trial in a civil case


14.4.3.9.5       Virginia Board of Pharmacy v. Virginia Citizens Consumer Council, 1976, and Central Hudson Gas, 1980 which unconstitutionally granted corporations the First Amendment right of "commercial free speech"


14.4.3.9.6       Marshall v. Barlow's, 1978 which unconstitutionally granted corporations the Fourth Amendment right against unwarranted regulatory searches

 

14.4.3.9.7       Bellotti, 1978 which unconstitutionally granted corporations the First Amendment right to spend money to influence a state referendum

 

14.4.3.9.8       Pacific Gas & Electric Co. v. Public Utilities Commission, 1986 which unconstitutionally granted corporations the First Amendment right of "negative free speech"

 

14.4.3.9.9       Other injurious, unjust court rulings and opinions based on corporations having rights or corporate personhood.


14.4.3.10        Replace the five Supreme Court justices who ruled in favor of Citizens United v. Federal Elections Commission


14.4.3.11        Correct the injustices caused by these unconstitutional, illegal, immoral and illogical theories.


14.4.3.12         Follow up to insure these actions are accomplished.


14.5    Background


Ted Nace’s book, Gangs of America: The Rise of Corporate Power and the Disabling of Democracy, published in 2003, provides an outstanding history of corporations, their predecessors, origination and how they evolved and gained personhood. A pdf version of Nace’s book or can be downloaded for free or a hard copy purchased at his web site http://www.gangsofamerica.com.


Portions of the following are from articles on Nace’s web site:


Corporations are the dominant force in modern life, surpassing even church and state. The largest are richer than entire nations, and courts have given these entities more rights than people. Corporate power is out of control. According to a Business Week/Harris poll released in September 2000, 82 percent of those surveyed agreed that “business has too much power over too many aspects of our lives.”


Nace describes the origins of these powerful institution and how they got these powers The Rise of Corporate Power and the Disabling of Democracy, author Ted Nace probes the roots of corporate power, finding answers in surprising places.


A key revelation of the book is the wariness of the Founding Fathers toward corporations. That wariness was shaped by rampant abuses on the part of British corporations such as the Virginia Company, whose ill-treatment killed thousands of women and children on forced-labor tobacco plantations, and the East India Company, whose attempt to monopolize American commodities led to the merchant-led rebellion known as the Boston Tea Party.


Because of such attitudes, the word corporation does not appear once in the United States Constitution. At the Constitutional Convention, all proposals to include corporations in that document were voted down by delegates. Corporate attorneys persisted in seeking legal protections for their clients by means of sympathetic court rulings, but until the Civil War such attempts largely failed.


After the Civil War, the tide quickly turned, as lobbyists secured key changes in corporate law and as corporate attorneys won a series of decisions from an increasingly pro-corporate Supreme Court. Nace recounts the key figures who engineered the “corporate bill of rights,” The book explores in depth the bizarre intrigues that resulted in the infamous “corporations are persons” ruling of 1886, and how that ruling affected the subsequent development of Supreme Court doctrine.


Nace charts the growth of corporate power through the Gilded Age, including the bloody repression of organized labor and the rise of social Darwinist thinking among American elites. He recounts how that expansion came to a halt under the New Deal, as organized labor gained legal protections, social Darwinism fell into disrepute, and Franklin Roosevelt asserted a vision of American society that placed democratic limits on corporate power. To many observers, it seemed that the corporate Frankenstein had finally been tamed by “countervailing power.”


According to Nace, that optimistic view was dashed in the final decades of the twentieth century, as Big Business mounted a remarkable comeback. The corporate political resurgence began with a 1971 memorandum written by Lewis Powell, Jr., shortly before Powell was appointed to the Supreme Court by Richard Nixon. In the memorandum, Powell urged corporate America to apply its full organizational and strategic resources to politics, a course of action that proved highly successful to corporation executives and a disaster for everyday Americans


Gangs of America describes the expansion of corporate empowerment onto the global stage through international agreements such as the North American Free Trade Agreement, which boosted the powers of corporations to the level of sovereign nations. The book pays special attention to recent events, including campaign finance reform, the financial scandals of 2002, and the growing movement to redefine the corporation and limit corporate power.


Despite this movement, since Nace’s book was written in 2003, the wealth and power of Corporations have increase enormously. According to Forbes.com, between 2003 and 2013, the world's 2,000 leading companies/corporations’:

 

          Total assets increased from $65 trillion to $159 trillion (During this same time frame the assets of the 99% have decreased by a similar amount leaving more and more in poverty, homeless and hungry)

 

           Aggregate sales increased from $18 trillion to $38 trillion

 

           Total annual profits increase from $0.492 trillion to $2.64 trillion


In Gangs of America, Nace recommends:


(1) revoke the doctrine of corporate constitutional rights;


(2) curb corporate "quasi-rights" as appropriate, e.g. requiring corporations to renew their charters every five years;


(3) ban corporations from political activity;


(4) shore up the boundaries of "non-corporate" spaces in society, e.g. prohibiting advertising aimed at children;


(5) expand the scope of worker and customer rights vis-à-vis corporations;


(6) strengthen countervailing institutions, especially unions;


(7) promote non-corporate institutions like public schools and economic forms like municipal utilities, family farms, consumer cooperatives, employee-run enterprises


All this must be done and much more including in particular a progressive property tax on the $159 trillion of net assets of corporations and other entities.


14.6    Laws Regarding Void or Voidable Court Judgments, Rulings and Orders are outlined in Set Aside, Repeal, Replace or Amend Injurious, Unjust Laws and Court Rulings


14.7    Descriptions of Unjust Court Rulings Based on the Unconstitutional, Wrongful and Unlawful Theory of Corporate Constitutional Rights are also outlined in Set Aside, Repeal, Replace or Amend Injurious, Unjust Laws and Court Rulings


14.8     Correct the Damages Caused by Citizens United & Other Rulings and Ensure Such Rulings Do Not Happen Again

__________


Bibliography


Gangs of America: The Rise of Corporate Power and the Disabling of Democracy by Ted Nace, 2003. A hard copy of this book can be purchased or a free PDF copy downloaded at http://www.gangsofamerica.com/read.html


Corporations Are Not People by Jeffrey D. Clements, available from http://www.powells.com


The Real History of 'Corporate Personhood': Meet the Man to Blame for Corporations Having More Rights Than You, 2012. This article is an excerpt from Jeffrey Clement's outstanding book, Corporations Are Not People. www.alternet.org/story/153345/the_real_history_of_%27corporate_personhood%27%3A_meet_the_man_to_blame_for_corporations_having_more_rights_than_you/?page=entire


The Prosecution of Judge Waite by James Allison, June 7, 2011, a new play based on scholarly legal research by Historians Jim and Tomi Allison into Supreme Court and corporate in personhood. Available for download at www.thealliancefordemocracy.org/pdf/JudgeWaite.pdf


Hijacking of the Fourteenth Amendment by Doug Hammerstrom, available at www.ReclaimDemocracy.org/personhood/fourteenth_amendment_hammerstrom.pdf


Nace, Ted, (2003). Gangs of America: The Rise of Corporate Power and the Disabling of Democracy, Berrett-Koehler Publishers.

Clements, Jeffrey D. (2012). Corporations Are Not People, Berrett-Koehler Publishers. Available from http://www.powells.com


Clements, Jeffrey D. (2012). “The Real History of 'Corporate Personhood: Meet the Man to Blame for Corporations Having More Rights Than You”2012. Excerpt from Jeffrey Clement's book “Corporations Are Not People.” Available at: http://www.alternet.org/story/153345/the_real_history_of_%27corporate_personhood%27%3A_meet_the_man_to_blame_for_corporations_having_more_rights_than_you/?page=entire


Allison, James. (2012), The Prosecution of Judge Waite, June 7, 2011, a new play based on scholarly legal research by Historians Jim and Tomi Allison into Supreme Court and corporate in personhood. Available for download at http://www.thealliancefordemocracly.org/pdf/JudgeWaite.pdf


Hammerstrom, Doug. “Hijacking of the Fourteenth Amendment” available at www.ReclaimDemocracy.org/personhood/fourteenth_amendment_hammerstrom.pdf


DRAFT


Attachment A: Why a Constitutional Amendment to Set Aside Citizens United is Neither Needed Nor Desirable. (Revised February 8, 2013)


Thanks to all individuals and organizations working on ending the theory of corporations having rights, corporate personhood and reversing Citizen’s United v. Federal Election Commission. They have brought a great deal of attention to and have helped to convince the majority of people in the country to want to get corporate money out of politics and get rid of Citizens United


However, a Constitutional Amendment to do this is neither needed nor desirable because:

 

          The Constitution already clearly shows that only people have rights. Nothing in the Constitution, including the Fourteenth Amendment, supports any interpretation that would give corporations rights or personhood status. Unambiguous Constitutional provisions apply as written. If a constitutional provisional is plain and unambiguous, we do not construe it but apply it as written. Town of Madison v. Ford, 255 Va. 429, 498 S. E. 2d 235 (1998).

 

          A Constitutional amendment by itself would not repeal “Citizens United” and would not get any money out of the electoral process. Additional legislation would be required. Also, the amendments under consideration only address money directly from corporations. It would not include. money from the rich, money via lawyers, lobbyist and offshore or money that corporation executives simply takes from the corporation in the form of stock options or massive salaries.

 

          Citizens United can be set aside, finance laws overturned by Citizens United restored and corporate money gotten out of elections, by refining and implementing the Plan to Get Corporate Funds and Corporate Lobbyists Out of Elections and the Governdment Strictly Limit all Contributions to Campaigns

 

          If a constitutional amendment were needed, it means that the five supreme court justice can say that they were right when they ruled that corporations have rights. They are clearly wrong and this is an opportunity to get rid of all five of them.

 

          It is very unlikely that a constitutional amendment could ever be enacted. Many of our public servants are benefitting from it.

 

          The five Supreme Court Justices who voted for Citizen United are not following the Constitution now and are unlikely to follow an amendment.

 

          Work on a constitutional amendment is taking a significant amount of resources that could better be used working to actually get money out of elections, create jobs, end wars and occupation, stop foreclosures, reform the Supreme Court, Congress and the Executive Department, etc.


At the May 22, 2012, Alliance for Justice Conference To Amend or Not Amend, two of the three speakers were against amending the Constitution. Both acknowledged the massive “damage that Citizens United” has wrought, Both have written articles opposing an amendment with numerous reasons not to amend and have outlined possible alternatives.


Kent Greenfield who teaches constitutional and corporate law at Boston College Law School wrote:

 

          How to Make the 'Citizens United' Decision Worse, Washington Post (January 19, 2012)

          Why Progressives Should Oppose A Constitutional Amendment to End Corporate "Personhood", Huffington Post, January 26, 2012


Mark Schmitt, an American political scientist author, and currently Director of the Fellows Program at the Roosevelt Institute, wrote: The Wrong Way to Fix Citizens United, The New Republic, January 20, 2012.


The key Supreme Court rulings in Citizens United are null and void or at least voidable

and these rulings can be set aside with legislation. The facts and law regarding Citizens United are explained in detail in the Plan to Set Aside, Repeal, Replace or Amend Injurious, Unjust Laws and Court Rulings


Among other illegal acts, the, Five Supreme Court Justices based their rulings on false precedents instead of comparing the actual wording of the part of the law they found to be unconstitutional with the Constitution. In doing this they thereby committed fraud on the court which can be attacked in any court at any time.


How we can get Citizens United set aside is in the Plan to Get Corporate Funds and Corporate Lobbyists Out of Elections and the Government and Strictly Limit all Contributions to Campaigns


In his book The Sane Society, Eric Fromm states: "No change can be brought about by force, it must be a simultaneous change in economic, political and cultural spheres. Changes restricted to one sphere are destructive of every change."


The Universal, Common Strategic Plan for a Peaceful, Prosperous and Just World which can be accessed from www.WeThePeopleNow.org is designed to do just that;.


The two above plans, which are are items #5 and #10 of the Common Agenda of the Strategic Plan.


The organizations and individuals working on amending the Constitution are requested to switch their efforts to more urgent items including the plans above or any of the other 24 items of the Common Agenda or at least review them and the Strategic Plan all of which can be accessed from www.WeThePeopleNow.org.


Anyone who wants to get started immediately, may pick any of the common agenda items from the table of contents that you are most interested in working on. Edit and refine it and inform Fisher@WeThePeopleNow.org which Agenda Item that you are working. You will be provided with names of other individual working on it.


There are several constitutional amendments needed. It is hoped that Move to Amend will continue to be the driving force behind and a clearinghouse for amendments. The amendment that we should start with is Common Agenda Item 17. d. “Amend the Constitution to eliminate the Electoral College and elect the president by national popular vote.”

 

           Fong Foo v U.S. 1962 which unconstitutionally granted corporations the Fifth Amendment right against being tried twice for the same offense.

 

           Ross v. Bernhard, 1970 which unconstitutionally granted corporations the Seventh Amendment right to a jury trial in a civil case

 

           Virginia Board of Pharmacy v. Virginia Citizens Consumer Council, 1976, and Central Hudson Gas, 1980 which unconstitutionally granted corporations the First Amendment right of "commercial free speech"

 

           Marshall v. Barlow's, 1978 which unconstitutionally granted corporations the Fourth Amendment right against unwarranted regulatory searches

 

           Bellotti, 1978 which unconstitutionally granted corporations the First Amendment right to spend money to influence a state referendum

 

           Pacific Gas & Electric Co. v. Public Utilities Commission, 1986 which unconstitutionally granted corporations the First Amendment right of "negative free speech"

 

          Other injurious, unjust court rulings and opinions based on corporations having rights or corporate personhood.


Additional supreme court rulings which created unconstitutional corporate that must be set aside include the ten listed under PHASE II: Judicial Creation of Corporate Constitutional Rights in Table 1.1 (Attachment A) of Gangs of America: The Rise of Corporate Power and the Disabling of Democracy by Ted Nace and the twenty or so listed or related to in this document


Attachment B: Table 1.1, “Three Phases in the Development of Corporate Rights” from the Book Gangs of America: The Rise of Corporate Power and the Disabling of Democracy by Ted Nace

book-gangsofamericariseofcorporatepoweranddismantlingofdemocracy_page_026_crop.jpg


book-gangsofamericariseofcorporatepoweranddismantlingofdemocracy_page_027_crop.jpg


Attachment C: Federal Rules of Civil Procedure, Rule 60. Relief from a Judgment or Order


(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.


(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:


           (1) mistake, inadvertence, surprise, or excusable neglect;

 

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

 

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;


           (4) the judgment is void;

 

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or


           (6) any other reason that justifies relief.


(c) Timing and Effect of the Motion.

 

(1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.

 

(2) Effect on Finality. The motion does not affect the judgment's finality or suspend its operation.


(d) Other Powers to Grant Relief. This rule does not limit a court's power to:

 

(1) entertain an independent action to relieve a party from a judgment, order, or proceeding;

 

(2) grant relief under 28 U.S.C. §1655 to a defendant who was not personally notified of the action; or


           (3) set aside a judgment for fraud on the court.


(e) Bills and Writs Abolished. The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.

Notes


(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)


Endnotes