Post by jmzlaw on Nov 1, 2011 20:34:09 GMT -6
I believe in this movement and the attempt to amend the U.S. Constitution. However, obtaining an amendment in this fashion is an all or nothing proposition which may get discouraging along the way.
I have an idea to help this process stay continually interesting and engaging and a way to get momentum going. So here's my idea:
Corporations are creatures of statute and thus the powers of corporations can be altered by statute as well. All corporations are defined by the law of the STATE of their inc0orporation. There is no federal law that creates corporations (although many federal statutes recognize corporations that are formed at the state level).
As the mechanism of this movement gets up and moving, why don't we use the struture of this organization along the way to push for changes in state law to hinder the ability of corporations to influence politics.
For expample, in the Pennsylvania Corporation Law 15 Pa.C.S. section 1501 creates the legal capacity of corporations as "natural persons." Furthermore, section 1502(a)(9) authorizes corporations "to make contributions and donations."
If state statutes can be used to create the enumerated powers that corporations can exercise, why not use the same power to place prohibitions on them also. Such prohibitions could be "that a corporation shall not contribute directly or indirectly to any political campaign in favor of any candidate for office or issue." Since this law would define the powers of a corporation incorporated under it, federal law could not be used to preempt that law since federal law cannot create corporate rights and powers greater than thosse granted in that state.
You could also use that same process to put in a specific prohibition against spending money on lobbying.
Now a critic might say that doing so won't help anything because these corporations would just organize under another state. That possibility certainly exists.
But so what?
If you can find just one state to go along with this plan, it would be tremendous news and would create momentum to go on to the next state and would also create momentum for the larger constitutional amendment movement.
It all comes down to redefining what corporations are and what they are not. If a corporation can't legally be sent to jail because of the legal nature of its existence, then this mechanism of changing its powers at the entity level would certainly withstand a constitutional challenge.
A supreme court might be able to say that different entities (whether natural persons or corporations) have the same right to free speech, but it could not touch the state's right to define the terms of the existence of a corporation.
Final word....this movement will need little victories along the way to maintain momentum....let's pick a state and go after it in this fashion.
I have an idea to help this process stay continually interesting and engaging and a way to get momentum going. So here's my idea:
Corporations are creatures of statute and thus the powers of corporations can be altered by statute as well. All corporations are defined by the law of the STATE of their inc0orporation. There is no federal law that creates corporations (although many federal statutes recognize corporations that are formed at the state level).
As the mechanism of this movement gets up and moving, why don't we use the struture of this organization along the way to push for changes in state law to hinder the ability of corporations to influence politics.
For expample, in the Pennsylvania Corporation Law 15 Pa.C.S. section 1501 creates the legal capacity of corporations as "natural persons." Furthermore, section 1502(a)(9) authorizes corporations "to make contributions and donations."
If state statutes can be used to create the enumerated powers that corporations can exercise, why not use the same power to place prohibitions on them also. Such prohibitions could be "that a corporation shall not contribute directly or indirectly to any political campaign in favor of any candidate for office or issue." Since this law would define the powers of a corporation incorporated under it, federal law could not be used to preempt that law since federal law cannot create corporate rights and powers greater than thosse granted in that state.
You could also use that same process to put in a specific prohibition against spending money on lobbying.
Now a critic might say that doing so won't help anything because these corporations would just organize under another state. That possibility certainly exists.
But so what?
If you can find just one state to go along with this plan, it would be tremendous news and would create momentum to go on to the next state and would also create momentum for the larger constitutional amendment movement.
It all comes down to redefining what corporations are and what they are not. If a corporation can't legally be sent to jail because of the legal nature of its existence, then this mechanism of changing its powers at the entity level would certainly withstand a constitutional challenge.
A supreme court might be able to say that different entities (whether natural persons or corporations) have the same right to free speech, but it could not touch the state's right to define the terms of the existence of a corporation.
Final word....this movement will need little victories along the way to maintain momentum....let's pick a state and go after it in this fashion.