Tuesday, January 21, 2010 will go down in history as one of the most pivotal dates in our nation. On this date the Supreme Court altered the legal view of corporations that had been held for the past 100 years. On this date, the Court ruled that corporations are entitled to the same First Amendment rights that you are entitled to as a person.
This may sound unimportant to a nation that is currently billions of dollars in debt, where one out of 10 adults is out of work. But it's not. It is a ruling whose effect will be felt as early as next November and for as long as our nation survives.
Up until yesterday, corporations were limited in how much they could spend on campaigns, how close to an election they can place ads and they were required to make public the amount of their financial support. These limitations on the rights of a corporate entity have been in place since the early 1900's.
There are good reasons for these limitations. Corporate entities have vast resources, many more than average Americans. What does it matter if you and 10,000 friends contribute $2,000 to a campaign in a single day? You and your 10,000 friends have donated $20 million dollars. Eight of the largest banks in the nation just spent $26 million dollars in 2009 to lobby Congress. And gave out over $20 billion dollars in bonuses. How much could they spend on an election when they have no limit on their spending?
Does this matter? In ways we can only begin to guess at! For instance, a corporation decides that it wants a particular candidate to win a Senate seat from Kentucky. (And we know from the health care debate just how important ONE senator can be in a close vote.) There is only one television market (Louisville) that reaches the majority of the population of the state. It has few local channels. It is quite possible that a corporation could purchase ALL commercial air time for the two weeks prior to the election for a relatively small amount of money. You can bet that who ever that corporation supports in the election will vote however that corporation wants.
Often corporations are predominantly or at least in part owned by foreign nationals. Sony and Honda will be able to spend as much money as they like to influence YOUR vote in America. Pretty neat, huh?
Even better....under the interpretation handed down by the Supreme Court, they don't even have to tell you who's paying for the ad! And they can give as much as they want with NO limits to their donations....unlike the limits set on you and I.
The real irony of this story is that it was the work of activist judges! This was never an issue brought before the court. Last year the Supreme Court was asked to rule if an Anti-Hillary Clinton movie was to be considered a documentary or a campaign ad. Lower Courts had ruled that it was an ad and subject to certain regulations as such. The Supreme Court refused to rule on the case last year and instead asked that it be brought back before the court in September with additional arguments. Ones that questioned whether a corporation was entitled to the same First Amendment rights the Constitution grants you and I as individuals. So next November when you are REALLY tired of campaign ads, know that it was activist judges that are to blame. All of whom were appointed by Republicans!
But the Supreme Court is the final say on the interpretation of law in our nation. And with that in mind, I offer the following changes to the Constitution's Preamble. I propose replacing the bold faced print with the capitalized words. These changes will make the Preamble more in the spirit of the Court's latest ruling than the antiquated language used by the Founding Fathers.
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We the people CORPORATE ENTITIES in order to form a more perfect PROFITABLE union, establish justice LIMITED LIABILITY and insure domestic tranquility FINANCIAL SUPPORT OF SAID CORPORATE ENTITY. Provide for the commonEXECUTIVE'S defense, promote the general CORPORATE welfare and secure the blessings of liberty PROFITABLITY for ourselves and our posterity SHAREHOLDERS. Do ordain and establish this constitution LEGALLY BINDING DOCUMENT of the United States CORPORATE CONGLOMERATES of America.
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