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. 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]] 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." # # # - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the IOWA-TOPICS list, send any message to: [log in to unmask] Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp <[log in to unmask]> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the IOWA-TOPICS list, send any message to: [log in to unmask] Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the IOWA-TOPICS list, send any message to: [log in to unmask] Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the IOWA-TOPICS list, send any message to: [log in to unmask] Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the IOWA-TOPICS list, send any message to: [log in to unmask] Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the IOWA-TOPICS list, send any message to: [log in to unmask] Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp