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Council to Discuss Adoption of Resolution Calling to Redefine Rights of Corporations

Milpitas residents can help put an end to corporations' abuse of the U.S. Constitution by supporting the adoption of a 28th Amendment, which declares that corporations are not people and money is not speech.

 

On August 7 the Milpitas City Council will consider adopting a resolution in support of a 28th Amendment to the U.S. Constitution, which declares that corporations are not people and money is not speech.

On June 14, The United States Conference of Mayors unanimously adopted a resolution of support and calls upon local bodies to do the same. You should email, write or call your local councilor and urge them to support this movement.

You will not be alone, other cities and people across America—faced by the local impact of the judicial doctrine that corporations are people—have already taken action. Los Angeles, West Allis, Wis., Kansas City, Berkeley, New York, Salt Lake City, and Portland have passed the resolution, along with our neighbors in Los Altos Hills and Mountain View. The cities of Campbell and Palo Alto are also calling for a 28th Amendment.

Is it a surprise that there’s a groundswell of support to amend the U.S. Constitution? 

The catalyst was the 2010 Citizens United v. Federal Election Commission case, which is having a horrifying impact on our election process. The Supreme Court declared that money is speech and corporations have a constitutional right to spend as much as they want in order to buy the political process.

So much corporate cash is being fed into the political arena that it's warping and crushing our political system at every level. It was one of the reasons Mike Huckabee did not even attempt to run for president and that large box retailers are invading our cities. 

Politicians, pundits and regular Americans across the political spectrum immediately recognized the corrosive and corrupt impact of this decision, but many are still unaware of the repercussions being felt around the country. 

Corporations’ use of the First and Fourth amendments to justify their actions have wide-spread repercussions. Here are just a few examples:

  • Court decisions granting corporations the same rights as human beings have meant that laws that required food labeling are overturned because of corporation’s First Amendment “constitutional right” not to speak, as seen in the International Dairy Foods Assoc. v. Boggs case. 
  • Corporations use the Fourth Amendment to avoid search and seizure and evade enforcement of our health and safety laws.
  • Corporations obtain personal medical histories by appealing to the First Amendment, like in the Sorrell v. IMS Health, Inc. case. 

The court-decreed grant of constitutional rights to corporations is seriously impacting the ability of cities and communities to self-govern. Local land use laws can be overturned, and local campaign finance laws can be thrown out.

On June 25 the U.S. Supreme Court made it crystal clear that the Citizens United decision applied not only federally, but to the state and local level as well. The court discounted the expert testimony to the effect that when a local economy depends on distant markets, distant corporate interests trump local interests.

The floodgates are now wide open for unlimited corporate money to drown local political priorities.

Since the only way to overturn a Supreme Court decision is by an amendment to the U.S. Constitution, Milpitas city council members have the opportunity to join hundreds of local communities across the nation and assert that political rights accrue to people, not corporations. And that in America it's people, not corporations, that determine the choices we make for our community.

Do you think the Milpitas City Council should adopt a resolution in support of a 28th Amendment to the U.S. Constitution?

Allen King July 21, 2012 at 08:44 pm
Do you realize that with this proposed amendment, corporations can commit crimes and get away with it? There are thousands of statutes in 50 states and federal laws that include the term "any person" and the courts have ruled that all such civil and criminal statutes are applicable against corporations. If this amendment goes through, those laws will need to be re-enacted (i.e., passed by both houses of each state and then signed by respective Governors... same with federal statutes). How many of you people who are jumping the gun without thinking it through end-to-end believe that this is doable?
Money in politics is not good. But, this solution is worst than the disease itself. Also, these self proclaimed elitists who are behind this assumes that voters are fools. No sir, voters are intelligent enough to see through walls. Money may influence some, but majority of voters don't get fooled by it.
Bettybb July 22, 2012 at 02:34 am
This amendment takes away "corporate constitutional rights".
There are local laws, and state laws and federal laws and then there are constitutional rights. Constitutional rights mean those with them (and our founding fathers just meant them for human beings) can overturn all other laws. Corporations , whose only goal is profit, should not be given the right to overturn the will of the American people as expressed by democratically enacted laws. When the 28 th amendment passes, all the civil and criminal laws will still apply to corporations. Corporations will just not be alllowed to claim the highest form of rights, constitutional rights, or claim that money is speech. Unlimited corporate concentrated wealth in politics undermines democracy itself.
Allen King July 22, 2012 at 02:57 am
Well, once "corporation is not a person" is put in the constitution, why would you think that laws that include the language "a person" would still apply to corporations? can you please post the draft amendment here?
Allen King July 22, 2012 at 03:06 am
While I am at it, I would like to add one more amendment here: Prohibiting public employee unions spending money in political campaigns. Corporate money is not a big threat, union money is. California is in $400 Billion hole for employee pension deficit. Who is going to pay for it? Union pets who are running CALPers refuses to reduce investment return expectations because that will lead to higher employee contributions. If there is an immediate need to do something, it is to save the country from the imminent meltdown under the heavy burden of pension fund deficit. Local communities will be detroyed beyond recognition, if nothing is done soon.
Bettybb July 22, 2012 at 11:15 am
Unions are included as the amendment uses the term artificial entities.
It is corporate money that is the major threat. The money unions spend to buy elections is a tiny fraction of the money corporations spend to buy elections. This amendment is about returning the power to made decisions about our communities and our nation to the people, and not having those decisions overturned by corporations or unions. Here is the link to the amendment http://movetoamend.org/democracy-amendments
Peter Brown July 22, 2012 at 11:38 am
Alen, the reason we, the non elite and privileged are working so hard to deny corporations their status as people is precisely because as people they have only one mandate, make money at any cost. If Monsanto's GMO corn and soy are poisoning people, the corporations are not obliged to disclose that they are doing it and we the people do not have the right to know. If BP pollutes the Gulf Coast they can get away with it. If tobacco companies don't like a one dollar tax, they can drown out the citizens with dollars. If laws voted for by the people of WiThis was not always so, but those poor little companies like EXXON who have a greater income stream than most countries in the world have the right to say and do whatever they want.
Allen King July 22, 2012 at 12:28 pm
I believe you are referring to Prop. 29. I disagree, that prop. failed because it was a bad tax. I voted against it because I didn't like California's money going out of CA. Cancer research is a bigger issue and the funding should come from everywhere, CA residents should not be burdened. It was a sneaky tactics of the sponsorors of Prop. 29. They thought that since only 5% people smoke, there will be no opposition. This sickens me. Slapping a tax on a minority class because the class can't defend itself. Just so you know, I decided to vote against it even before I watched any TV adv.
I agree with your examples. Monsanto, Exxon, etc. are evil companies. But there are good companies that spend money on lobbying to get the twisted laws straightened.... the law proposed by socialist who wants to convert this country into what was once USSR. Private companies provide employments to the whole nation. Not every company is involved in corruption.... but most politicians are.
Allen King July 22, 2012 at 12:34 pm
Tiny fraction?.... it is not just about money. Union influences every election. Politicians are their pets. Corporations are not destroying America, unions are. CA pensions are underfunded by $400B. How did this happen? Every California household will need to pay $31K to make up for this deficit, yet unions and their pet politicians refuse to take any action. Collective bargaining is destroying this country.
Anybody supporting this amendment should disclose their views on unions. Otherwise, you have no credibility here.
Allen King July 22, 2012 at 01:11 pm
Monsanto is poisoning people -> can you provide any evidence?
BP polluted the Gulf Coast -> it is sad but they are paying through their nose for that. What makes you think they are getting away with it? The real issue here is that socialists like you elect bogus politicians. You believe that people who doesn't contribute anything to society are "entitlement" to be fed by those who bust their asses from 7am to 7pm. Let me ask you this, what do you do?
Peter Brown July 22, 2012 at 04:26 pm
I am interested that you call me a socialist, wonder why. Was it the same leap of faith that would allow me to call fou a Nazi? The problem is that I wouldn't call you a Nazi because labels really mean very little any more. By the way our highways were built by all, so are we socialists? Our armies are paid by all, is our military socialist?You are aware of the BT Corn and Soy issues with Monsanto? As far as BP is concerned, they killed 11 oil platform workers, there is no denying that, and they may have to pay up to $21 billion. Which will be whittled down because they only made $24 billion last year, poor babies.
I understand your position very well, somebody has to defend those poor little corporations and the way to do it is to stuff the ballot with dollars and elect bogus politicians. The problem is that you are accusing me of doing exactly what we cannot afford to do, so we do the best we can with what we have in the face of almost limitless dollars.
Allen King July 22, 2012 at 04:58 pm
I am sorry for those who were killed in that accident. But are you saying that because 11 people died, we should change the constitution? If your union controlled government wanted, they could have prosecuted BP for those killings. What does this has anything to do with money in politics? Corporations can be punished for their wrongdoings under the existing laws.
Just because a few corporations are erratic, your proposal is to kill them all including the ones that innovate, bring new products to market, create jobs and make the country a global leader. The issues you have mentioned do not require any constitutional amendment. You are trying to throw in useless facts. So far you have not commented on the real issue that is threatening the country in immediate terms; that is union influence. Also, socialist elitists believe that voters are stupid and that elitists should tell every citizen as to how life ought to be lived. No sir, we are not stupids and also we know how to manage our lives without the help of socialist elitists.
Peter Brown July 22, 2012 at 06:54 pm
Socialist elitist, sorto of a contradiction in terms no? The only elitists are the corporations and their much too powerful owners. But that's ok, as long as you are on top you should protect the status quo. You oppose unions and that is your right and I applaud you for defending what is important to you. Unions don't control government, that was made very clear in Wisconsin.
Allen King July 22, 2012 at 07:13 pm
With all due respect, you haven't answered even one question directly. I understand this tactics of union backers very well. Try to distract people from seeing what is more important to people. No words on how we got that $400B pension fund deficit and how will we get out of it. Unlike you union people, we are employed by the same corporations that you want to destroy. America was build by corporations and people working for these corporations. American continued success as a global economic leader is ensured by the corporations that you solicists and union backers are trying to destroy. Also, once corporations are destroyed, unions will have free run on everything because there will be no resistence of any kind. Say hello to America turning into a new USSR.
I appeal Milpitas City Council to remove this misguided and time wasting item from the agenda and discuss what is more important to the city and the people. This is such a waste of time.
Peter Brown July 22, 2012 at 07:46 pm
Oh sweetie, I had no idea there was a question in there. I do not back unions if that was the question?Pension fund deficit, was that a question? I have no idea since I do notfollow union politics as closely as you do. america is a global economic leader for a number of reasons, and we have no intention of destroying corporations, just asking them to tone down to when they were actually succesful, before theyr started destroying themselves, the environment, the politial system and us. But maybe I am using the wrong language, I apologize for the grammar, my German is rusty, but should improve in time for when you Nazis are back in power. Entshuldigung mein Kind, wir sind hier in Amerika und wir haben ihre Losungen noch nicht verstanden. Verstehe sie das ihre Fuhrer is Tot und er kommt nicht zuruck. Bis weiter Gauleiter. (A play on words from your good old days, sort of a germanic see you later alligator)
Peter Brown July 22, 2012 at 07:51 pm
Hey, I saw a question in there!! I am not saying that we should change the constitution because 11 people died, I am saying that we need to change the Constitution because Corporations are not people and money is not speech. Return this country to real people with belly buttons, not dollars. But I agree with your right to say what you feel.
Allen King July 22, 2012 at 08:07 pm
Oh please, don't tell me you don't read news papers. Three cities have already filed bankruptcy this year and more coming in line. You do know what happened in Wisconsin, so I am sure you know very well what is going on. So don't try to fool us by saying you don't follow "unions issues." if you don't follow the issues that I have mentioned in my posts, then perhaps you shouldn't get involved in any political issue. Don't tell me you have know idea what I am talking about. You are disregarding the most critical issue that local communities and states are facing. Bringing this misguided attempt to destroy corporations is an step in the direction of trying to divert attention from main issues and also trying to make it look as if corporations are the reason why we are in this budget mess.
Correct me if I am wrong, you and everybody who is supporting this constituional amendment want to see that everything is run by the government (just like USSR). There should be no corporations, no provate property interests, nobody should be making money and those making money through their hardword should support the ones who like to sit on a comfy couch and expect to be supported by others. And why do you keep using the word "Nazi?" Do you think anybody who believes in a fair system and a balance budget is a Nazi? On the contrary, people who support union greed are Nazi's because they are destroying local communities.
Peter Brown July 22, 2012 at 08:39 pm
For the same reason you used the word socialist, it is a recognizable metaphor for certain activities. No I do not follow union politics, I am a businessman trying to make a living and the recent activities of both government and corporations have made that very hard to do. There have to be corporations and there have to be people the two should be clear and distinct. Cities all across America agree with this, several states agree that there hasbeen too much conceded to comanies and not all companies are as benign as Monsanto and BP, so the time has come to trim their power to a happier time such as under Nixon when lobbyists had to travel with attachecases full of cash to meet their buyers.
Peter Brown July 22, 2012 at 08:45 pm
I not only read papers, I also write for them. You are wrong and hereby corrected, we would prefer to have people run things rather than corporations or the government. Right now we have no choice. I lkie your comfy couch in a nation with devastating unemployment for people who are begging for work, like the Manager of an Apple store making $11 an hour. A lot of people are working very hard to for very little, I sometimes wonder how the checkout clerk does it on 7.75 an hour? We are not yet the USSR which has become an oligarchy with large corporations in charge of everything but we are getting there.
Allen King July 22, 2012 at 08:57 pm
My apologies, I did not know that you were a businessman. What type of a business are you in? How much money do you pay to your employees? Do you also give them generous pension benefit. Please explain how "recent activities of both government and corporations have made that very hard to do". I am not trying to pick on you, just trying to understand the real troubles that are being caused by corporations' use of money in politics. Hearing a real life story, perhaps I will change my views.

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Jennifer Squires (Editor) June 5, 2013 at 09:54 am
Great! How do kids get involved? Is there a phone number or email address to contact?
Robert Staley Sr. June 5, 2013 at 11:26 am
I can be contacted at coach058@att.net