The single greatest thing I've ever heard discussed in a presidential debate
When it was Nader's turn to ask Baldwin a question, I was FLOORED by his choice! (paraphrasing from memory):
"What is your opinion of the Civil War era Supreme Court opinion that gave corporations the same rights as individuals, thus perverting the legal definition of the word "person"?"
Chuck's answer that he was in complete agreement with Ralph that this is one of THE major issues of our times was a defining moment of the debate. The coming together on this issue between a long time idol of the "left" (whatever that means) and another who will appeal strongly to those on the traditional “right“ (whatever that means) is something that needs to be spread far and wide amongst all Americans.
Here is a synopsis of the ruling from http://www.ratical.org/co...
The biggest blow to citizen constitutional authority came in 1886. The US Supreme Court ruled in Santa Clara County v. Southern Pacific Railroad, that a private corporation was a "natural person" under the US Constitution, sheltered by the 14th Amendment [(even though that amendment had been written and ratified in 1868 to protect the rights of freed slaves) [3]] , which requires due process in the criminal prosecution of "persons." Following this ruling, huge, wealthy corporations were allowed to compete on "equal terms" with neighborhood businesses and individuals. "There was no history, logic or reason given to support that view," Supreme Court Justice William 0. Douglas wrote 60 years later. [4]
THIS IS THE VERY FIRST INGREDIENT FOR FASCISM!
Of course the reverse side of this tired old coin is that we are now treated as "corporate entities" without our knowledge. Whenever you sign a "contract" with the word "person" in it, you are assumed to have a whole stable of attorneys on retainer to put yourself on even terms with corporations.
This leads us down some wacky rabbit holes like this (link updated) (click where it says "To See My Personal Check Click Here Then Click Zoom Icon). I tried it by scanning the signature line on one of my checks at 4800dpi, and darned if it ain't true! Try it yourself!
Anyhow, this whole subject really needs to be exposed, especially to those on the "left". How can we do it?
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Bump
I'm learning a lot from this thread. This topic needs to become a core political issue.
Furthermore...
More from http://www.ratical.org/co...
Many assert (and I tend to agree) that the 14th amendment created a new class of Federal citizen, and it is this class of "citizenship" that the Santa Clara County ruling gave to corporations. It may also offer a way for those who know how to assert their de jure state citizenship to combat corporate abuse. I'd be interested to hear Mr. Nader's opinion on this.
Sounds reasonable enough to me, as long as well behaving corporations have the right to renew their charter.
This is tricky. On one hand, it goes against property rights. On the other hand, it has the potential to turn into "economic democracy"... the "two wolves and a sheep deciding what's for dinner" parable comes to mind.
So the number of people who contract with them with their names in ALL CAPS would be limited...;-)
This seems nebulous. It would seem to stifle innovation. Can't say I'd agree.
Sounds good to me. If you're going to invest in a company, then you ought to have a say in how it's run when it comes to major decisions.
This gets sticky. You can't have a shareholder vote for every step of production, so how can hold them all personally accountable? I do agree with personal liability for managers and directors, but I don't think shareholders should be on the hook for every decision made by management. Losing all your shares would be bad enough if management put the company into a situation of losing a major court case.
Ok, this goes WAY too far. Revoking charters for NO REASON AT ALL? Corporations have to have the flexibility to amend their charters as long as the amendment is within any legal framework set forth by congress.
Agreed. So let's get started. It won't happen overnight, but we can start by getting educated and making it a regular part of political conversation.
BTW, here's a great antidote to corporate abuse:
http://www.youtube.com/wa...
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http://www.pyrabang.com - the Patriot newsfeed machine that will take a huge bite out of Google's ad profits and put them in your pocket!
Regarding the microprint on checks
Note: I fixed the link in the original post. I originally tried to link to the PyraBang post where I first found the info, but for some reason it didn't work.
Anyhow, I dug a little deeper into the signature issue, and while there are those who assert that the microprint "AUTHORIZED SIGNATURE" which makes up the signature line is just for security, that begs the question "why doesn't it also say AUTHORIZED SIGNATURE in larger readable type below the signature line (like it apparently does on corporate checks)."
Furthermore, why the tiny "MP" on the right end of the signature line, which is supposed to let everyone know in clear terms that this is "microprint"? From the website of Data Management Corp.:
Doesn't look too "distinct" to me. Something smells rotten in Denmark.
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wow
this was the best debate i have ever seen between presidential candidates, hopefully alot of people watched this on cspan and will join the nader, baldwin, or c4l
videos from debate
are going viral on digg and youtube please spread them to your friends family co-workers...
http://www.votenader.org/...
http://www.flickr.com/pho...
This was one of the best
This was one of the best political debates I've ever seen. It's exciting seeing two honest, intelligent men squarely address real issues in an open forum.
I much prefer Baldwin over Nader, but Nader was impressive, too.
SUPPORT OUR FOUNDERS' AMERICA
Support the Constitution of the United States
Absolutely EXCELLENT...
Is there a Youtube?
Here's the YouTube
If you don't want to scroll through the C-SPAN file, here's the YouTube:
http://www.youtube.com/wa...
Nader starts his question at 0:53.
email this to everyone folks
http://www.votenader.org/...
http://www.flickr.com/pho...
Here ya go!
http://www.c-spanarchives...
Does anyone have a Diggable
Does anyone have a Diggable link? I tried submitting this post, but apparently the DP has been blacklisted on Digg. :)
DP was black listed on digg in September of last year
yet before that I managed to post several hundred articles on digg from DP and me and a few others such as JKap got the job done in making Ron popular there.
http://www.votenader.org/...
http://www.flickr.com/pho...
Corporations ARE the individuals that own it
Corporations should not be regarded as a different individual, but as a group of cooporating individuals. Corporations should have the same rights as any group of people, whose rights derive from the individual members of that group.
Disagreement
Humanity- entity naturally endowed with conscience, and due right to freely exercise
Corporation- entity naturally endowed without conscience
Yes, but
Yes, but if the people of the corporation already have their constitutional rights/protections, then shouldn't it be left at that? Why does the corporation need constitutional rights if the members of that corporation already do?
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Bumper sticker equipment
DuraLabel 4 TTP
due process?
Would you deny the corporations due process of law? This would allow the government to arbitrarily seize their assets or impose arbitrary orders on the corporation, thus depriving the stockholders of their own property rights without the stockholders being able to effectively resist the depredation.
That's what the original decision was about: Corporations are a natural person for the purpose of interpretation of the due process requirement to the government when the government and state are in dispute.
Now it seems to me that calling them "natural persons", rather than ruling that due process was necessary to avoid trampling the stockholders' due process right, was an odd and hazardous way to achieve that result. But I'm not sufficiently familiar with the laws of the period to second-guess the judges of the time.
The link to the check signature line is bad.
I wanted to see that, it's some darn small text!
Ron Paul's Convention Speech
Nader often says in speeches
quote~"in the Constitution it is written We The People and not we the corporations"
http://www.votenader.org/...
http://www.flickr.com/pho...
Vince. Except for Ron Paul's
Vince. Except for Ron Paul's blowback explanation, this question was the best moment from any Presidential debate in my lifetime. Not because of the back and forth between Nader and Baldwin, but because of the discussion. You won't see McCain and Obama talking about these things.
Anyway you need to visit here more often. Great post.
Thanks!
I'm actually here every day, going back to last August I believe. I do my best to make sense when I do post. ;-)
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Before answering the question, Mr. Baldwin should have
informed Mr. Nader that the principle laid out in that decision was modified years later in Hale :vs: Henkel, 201 U.S. 43 (1906). Corporations are "creatures of the State" and exist at the behest of the State and, therefore owe their allegience to the State. The individual is God created. His rights are such as existed long before the organization of the State and can only be taken away from him via the due process of law.
"Conceding that the witness was an officer of the corporation under investigation, and that he was entitled to assert the rights of corporation with respect to the production of its books and papers, we are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the state. The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.
Upon the other hand, the corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the state and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that a state, having chartered a corporation to make use of certain franchises, could not, in the exercise of its sovereignty, inquire how these franchises had been employed, and whether they had been abused, and demand the production of the corporate books and papers for that purpose. The defense amounts to this: That an officer of a corporation which is charged with a criminal violation of the statute, may plead the criminality of such corporation as a refusal to produce its books. To state this proposition is to answer it. While an individual may lawfully refuse to answer incriminating questions unless protected by an immunity statute, it does not follow that a corporation, vested with special privileges and franchises, may refuse to show its hand when charged with an abuse of such privileges."
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"An economy built on fiat money is a society on its way to ashes."
This then presents the question... How can MULTI-NATIONAL
Corporations "exist" as a "single" entity?
To which "state" is their allegiance? Or does it then transcend and supplant the relationship between master/liege?
I'm sure the U.N. has a
I'm sure the U.N. has a legal library you can go to in order to research this in depth... ;-)
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http://www.pyrabang.com - the Patriot newsfeed machine that will take a huge bite out of Google's ad profits and put them in your pocket!
Thank You, austrianschool, for this quote.
I think that it quite eloquently defines the distinction between the "personhood" of the individual and the corporation.
Unfortunately, the courts have a tendency to conveniently "forget" such logic as time passes and political expediency dictates.
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Money As Debt
http://www.youtube.com/wa...
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Post author - Please explain...
your paragraph "This leads us down some wacky rabbit holes..." Neither link works.
See my post above
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If a corporation is to be treated as a person...
Then it should be equal before the law, in criminal matters as well as civil matters.
This means, that if a corporation is found culpable in a capital crime (like murder, espionage or treason), then it should face the death penalty: its charter should be revoked, and all of its assets liquidated to pay restitution to its victims or their families, or deposited into the public treasury if the crime is treason.
-jcr
absolutely!
Libera me, let the truth break, what my fears make--Leslie Phillips
AMEN. I have long advocated
That corporate charters should be revoked (and the officers held responsible) for a variety of criminal acts -- in the same way that a sol proprietor is.
There is ZERO justification for allowing corporations to continue to exist forever -- and especially for their continued existence in face of having been party to criminal activities.
My only caveat to your statement is that if/when the charter is revoked and the assets liquidated, then after a reasonable compensation to victims, the remaining value must go to the shareholders. If you allow the state to "seize" and retain ANY portion of the assets (beyond reasonable court costs) then the prosecution of such cases will end up being used for political purposes (and the definition of "treason" will be broadened to encompass a huge number of things "political"), and instigated by one corporation against another (think JPMorgan against... well WaMu or etc.)
interesting point
perhaps some crafty legal eagle will make this case in the courts one day.
Another fault line in SUPREME JUSTICE
YES this is a very hidden fact in U.S. policy shift ....THIS was a point which deserves major attention...... Nader is a well versed man on quite a few subjects....I was impresed with him & Baldwin ....This topic is never discussed by the media ,it's probably over their head ,anyway ...Thanks Ralph for the heads up ....
weee
Great post.
This is the sort of political topic we ought to debate and then maybe put the might of the CFL behind.
Could this decision be overturned? Modified?
Tactics?
If debates like this one
brought out hidden truths in such a way that would shake everyone up, then it might get out for open discussion in the media. Like the corporation THE UNITED STATES OF AMERICA and the fact that it operates in a 10 mile radius and runs The United States of America. Our government was stollen by this unconstitutional corporation.