Justice Stevens said exactly that in his dissent
>>> Wallace Taylor <[log in to unmask]> 1/21/2010 2:35 PM >>>
The other thing that frosts me about this most recent ruling is that
the conservatives are always talking about activist judges legislating
from the bench. Well, what did the five justices in the majority in this
case do? They took a case that was initially argued on narrow statutory
grounds and they took it upon themselves to arbitrarily expand the scope
of the case, schedule additional argument on the expanded issue, and
then come out with a ruling that was preordained before they even heard
the arguments. So much for strict construction.
Wally Taylor
-----Original Message-----
From: Donna Buell <[log in to unmask]>
To: [log in to unmask]
Sent: Thu, Jan 21, 2010 1:19 pm
Subject: Re: High Court Unleases Tsunami of Corporate Cash w/Citizens
United Ruling
Thanks, Wally. Our Dickinson County Democratic Caucuses are this
weekend. Will propose a resolution with this language.
Donna
On Jan 21, 2010, at 12:43 PM, Wallace Taylor wrote:
Actually, the ruling said nothing about corporate personhood. It was a
reference in a headnote of the case to a passing comment made by one of
the justices in oral argument. I have read the history of the Santa
Clara case and subsequent cases and it still baffles me how a headnote
became binding precedent.
A few years ago I submitted an amicus brief in the Eighth Circuit when
Smithfield Foods claimed that Iowa's law against vertical integration of
the meat industry violated its constitutional rights. Of course, the
court ignored my argument.
I have proposed an amendment to the Iowa Constitution to address
corporate personhood and I have tried to get it into the Iowa Democratic
Party platform, but it never gets anywhere. The proposed amendment is:
ARTICLE VIII, CORPORATIONS
Limitations on the Rights and Powers of Corporations. Sec. 12.
Corporatonis are nothing more than business organizations created
pursuant to Section 1 of this Article. Corporations have only those
powers and rights specifically granted to them by the law creating them.
Corporations are not persons or citizens under the law, and they have
none of the rights of natural persons.
Wally Taylor
The First Amendment was expanded, in effect, by the 1885 US Supreme
Court ruling, Santa Clara County v Southern Pacific Railroad Company
-----Original Message-----
From: Searles, Leland <[log in to unmask]>
To: [log in to unmask]
Sent: Thu, Jan 21, 2010 12:00 pm
Subject: Re: High Court Unleases Tsunami of Corporate Cash w/Citizens
United Ruling
The First Amendment was expanded, in effect, by the 1885 US Supreme
Court ruling, Santa Clara County v Southern Pacific Railroad Company.
The decision grants the legal-political status of “person” to
corporations. This didn’t come out of the blue, as historical
developments from the beginning of the Industrial Revolution paved the
way. Talk about “activist judges,” Santa Clara v So Pacific is a
regrettable decision and the effective law of the land.
In everyday language and quite possibly in courts of law, “people” and
“persons” are quite interchangeable. It’s not a very big loophole for
corporate attorneys and judges to fail to parse the words adequately.
Leland Searles
Air Quality Program Director
Iowa Environmental Council
521 E. Locust St., Suite 220
Des Moines, Iowa 50309
515-244-1194 ext. 204
515-979-6457 (cell)
About the Iowa Environmental Council:
The Iowa Environmental Council actively works in public policy to
provide a safe, healthy environment for all Iowans. We focus on public
education and coalition building to give Iowans a voice on issues that
affect their quality of life. For more information contact the Iowa
Environmental Council or visit www.iaenvironment.org (
http://www.iaenvironment.org/ ).
Please do not print this email unless it is absolutely necessary.
Spread environmental awareness.
From: Iowa Discussion, Alerts and Announcements
[mailto:[log in to unmask] (
mailto:[log in to unmask] )] On Behalf Of Donna Buell
Sent: Thursday, January 21, 2010 11:53 AM
To: [log in to unmask]
Subject: Re: High Court Unleases Tsunami of Corporate Cash w/Citizens
United Ruling
The First Amendment refers to "people". Corporations are not people.
It's nice to know Sierra Club supports campaign finance reform. We need
it for Iowa politics, too.
Donna
On Jan 21, 2010, at 10:25 AM, Neila Seaman wrote:
FOR IMMEDIATE RELEASE: January 21, 2010
CONTACT: Josh Dorner, 202.675.2384
High Court Unleashes Tsunami of
Corporate Cash with Citizens United Ruling
Washington, D.C.--The U.S. Supreme Court today, in its ruling in the
case Citizens United v. Federal Election Commission, struck down
significant portions of campaign finance laws. In particular, the case
removed restrictions in place for decades that have limited campaign
spending from corporations. The Sierra Club offered the following
comments in response.
The High Court's ruling can be viewed here:
http://www.supremecourtus.gov/opinions/09pdf/08-205.pdf
Statement of Cathy Duvall, Political Director of Sierra Club
"We are extremely troubled and dismayed by today's decision. It
appears that the High Court confirmed our worst fears with its sweeping
ruling that cast aside the laws that protected us from unlimited
corporate campaign spending.
"Congress is already awash in a sea of special interest money; this
decision will launch a tsunami of corporate cash whose purpose is to
overrun the public's interests. Big Oil, Dirty Coal, and other special
interests have a stranglehold on the Congress and today's ruling will
further endanger the ability of citizens to influence the political
process. This ruling could put today's "pay-to-play" political culture
on steroids.
"We already have very clear indications of the dangers that lie ahead.
The U.S. Chamber of Commerce, which has been involved in today's case,
reported just yesterday that it spent a record-breaking $71 million on
lobbying last quarter. Even before today's decision, it has already
been laundering hundreds of millions of dollars in corporate cash, most
notably for the health insurance industry and polluters, and has pledged
to spend tens of millions of dollars in this year's elections. Now it
and the special interests that fund it will be allowed to spend
limitless amounts not only in the legislative process, but to support or
oppose individual candidates.
"Now only Congress can stem the tidal wave of special interest cash and
influence peddling that is about to overwhelm the electoral process.
The Sierra Club has long supported campaign finance reform and we now
urge Congress to find a solution to help candidates combat the expected
increase in spending on independent expenditures. In particular, we
support passage of the Fair Elections Now Act."
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