What can we do about bad laws?

Photo of British suffragette Ada Wright being beaten for breaking the voting law

This is what happens when you break the law. She's lucky they didn't shoot her! They might have if she were Black in the USA.

In 1492, it became illegal in Spain to practice Judaism. Let's say a Spanish family secretly lit candles Friday night to keep the Sabbath holy, then went to church Sunday morning, removing their hat in the Christian style of respect, and genuflecting with holy water at the sanctuary door. Then Monday at school, their child accidentally mentions the Sabbath candles, this picture might be that child's mother after the teacher had informed the police of a known family that breaks the law.

What do citizens do about bad laws? There is a list of bad laws too long to mention here. At Move to Amend, they try to convince corrupt members of Congress to amend the Constitution to state that Rights are for natural persons only. They think that a groundswell of public sentiment might sway the Congress. At Community Environmental Legal Defense Fund, they say we should write local laws that directly violate the bad laws, and take it to the Supreme Court, if necessary, to achieve justice in the law. Mahatma Gandhi advocated non-violent direct action even risking death at the hand of those enforcing the bad law. He even advocated home rule in his 1910 book, "Hind Swaraj or Indian Home Rule." by M.K. Gandhi 1910

How do we achieve justice in the law? Should we include illegal provisions in our new Mendocino County charter like banning the constitutional protection of rights to fictional persons? This is like the "Emperor with No Clothes." It is obvious to everyone that the Bill of Rights was aimed at humans. Yet everyone is somehow willing to accept that under a quirk of the law, that aggregates of money charted by a state to do business have equal protection under the law as human beings or citizens.

I wonder if we include something that contradicts currently established laws, i.e. that fictional persons have rights protected by the Constitution, that even if the voters approve the charter at the polls, would the Secretary of State even ratify a charter with provisions directly contradictory to known law? We should call him and ask.

I wonder if the police would beat up a corporation like this if the corporation tried to vote?

What to do when you feel like giving up

A friend asked: "When humans keep proving themselves stupid and greedy and justice is nostalgia what do you do? Seriously, don't you ever feel like giving up? And if so, what do you do?"

Reply:

The corporate interests are happy to exhaust you.  You are looking at the half empty cup with a hole in the middle that can never seem to fill up.  That's why you are exhausted.  Please, sister M, look at the cup half full.  We will fix the hole in the middle if we all work together. 

The public is generally disgusted with the Republican extremists, but they are likely to forget very soon, likely before the next congressional election.  One of our jobs is to keep the public apprised of the extremist BS so they don't forget.  I'm reading “Brave New World” right now.  The public can all just take some Soma and sleep with propaganda quietly playing in their dreams. 

What keeps me energized is my love for humanity and my strong sense of justice.  I assume it is the same for you.  I am repeatedly shocked at how corporations and governments can wantonly and brazenly break all the laws, and no one takes them to task for it.  For example, the Sherman Anti-Trust Act is still a law on the books, but no one enforces it anymore, and so we have "too big to fail."  Another example, the MERS database records real estate transactions electronically, but the County Recorders never receive the recording fees.  Yet, I can't find a single law that legally shifts the mandate to record RE transactions away from the County Recorder.  MERS just took the liberty, and county recorders just let it happen.  I guess they were just complying with an order from above. 

The Constitution talks about several different types of persons.  It talks about We the People, citizens, people, and persons.  The Court has clarified that of these 4, corporations are legal persons but not included in We the People, citizens or people. 

To me, one way to fix the hole in the middle of the cup is to take constitutional rights away from corporations.  In addition, all elections should be publicly funded and limited time, i.e. 6 weeks of campaigning, and corporations should be barred from campaign donations the way it used to be.  What changed is that corporations have patiently spent a century eking out human rights under the Constitution, every one granted by the Supreme Court.  The first human right they won was Due Process of Law in 1886.  The corporate lawyers argued that since everyone knows that corporations are “fictional persons” under the law, then the Constitution says in both the 5^th and the 14^th Amendments that every person has the right to due process of law.  So aren’t fictional persons also persons? the corporate lawyers argued.  And so a non-living aggregate of capital designed to maximize profits achieved their first human right. 

Over the years, corporations have been granted more and more human rights.  You can get a PDF timeline corporate rights here: http://movetoamend.org/timeline-personhood-rights-and-powers.  Interestingly, the corporate Right to Privacy was struck down by the Supreme Court because they distinguished between “person” and “personal.”  The Court reasoned that personal privacy was something only a human could have, but fictional persons were undoubtedly “persons.”  So now, although corporations have the Rights to Free Speech, to Right to be Indicted by a Grand Jury for crimes, not twice in jeopardy for the same crime, nor witness against itself, the Right to Speedy trials, Jury Trials, nor be deprived of Life, Liberty or Property, Equal Protection of the Laws, but NOT the Right to Privacy.  Pretty soon a corporate person is going to run for office! 

What we need to do is create a groundswell of public sentiment in favor of a constitutional amendment that makes it clear that only NATURAL PERSONS have Rights under the Constitution, and that money is NOT Free Speech.  Such an amendment will cut the root of corporate abuse.  Next (or simultaneously) we need another amendment that makes all elections to public office be publicly funded and limited to 6 weeks; and bar outside funding and partisan election commissions or partisan electronic voting machines. 

Right now, Move to Amend is doing a canvassing campaign called We the People Listen, in which we are going door to door in our neighborhoods and asking people what their biggest issues are and if they have noticed corporations impacting their lives?  We are asking rather than telling.  I’m excited to do this.  This is how we create coalitions in our neighborhoods.  This is how we create the groundswell of sentiment and keep people awake.  Http://movetoamend.org/listen

Corporations have more constitutional rights than humans

We have reached a point in history in which aggregates of capital (corporations) now have the inalienable human rights described in the Bill of Rights, i.e., Free Speech, petition the government for redress of grievances, unreasonable searches and seizures, due process of law, and a speedy trial. These "Rights" have all been granted not by Congress, which makes laws, but by the Supreme Court, which refines laws made by Congress.

In the wake of the Civil War, the 13th Amendment abolished slavery, and the 14th Amendment defined who can be a citizen. The 14th Amendment then goes on to state that "...nor shall any state deprive any person of life, liberty or property without due process of law...." Clever corporate railroad lawyers decided to exploit the 14th Amendment in order to increase corporate power and wealth. Corporations have been considered "fictional persons" since English Common Law was codified in the 12th century. The legal fictional of corporate personhood facilitated their being taxed by government and sued in court.

In 1886, in Santa Clara County v. Southern Pacific Railroad, the court affirmed the right of a corporation to get due process of law under the 14th Amendment. Although it may be clear to you or me that the 14th Amendment was intended for freed slaves, the fact is that the term "person" was not defined. It didn't say "black persons" or "natural persons" or "fictional persons;" it just said "person." So corporate lawyers argued that corporate persons are to be included, and the Supreme Court let it happen. Now, more than a century of legal precedents have been built on that fateful case.

The State of Vermont passed a law requiring that all Vermont dairy products be labeled if they contain Bovine Growth Hormone (BGH), a product manufactured by Monsanto. In 1996, the Supreme Court struck down that Vermont law in International Dairy Foods Association v. Amestoy (the VT attorney general). The Court ruled that the right to Free Speech also implies the right NOT TO SPEAK! And so the Supreme Court awarded an international dairy food association more rights under the U.S. Constitution than the citizens of Vermont!

Right now, several states are running campaigns to label GMO's in food (more Monsanto products). Yet, based on the 1996 SCOTUS precedent, corporate persons have the right NOT TO SPEAK; therefore, no GMO labeling law will survive judicial review as long as corporations have constitutional rights.

Members of Congress have been bought and paid for by corporations due to our current system of privately financed election campaigns. The amount of money spent on election campaigns is obscene. Therefore, we can't expect Congress to correct this error. Anyway, Congress can't overrule the Supreme Court, although the Supreme Court CAN overrule Congress! The way to correct this 127 year old misappropriation of justice is with a constitutional amendment driven by We the People.

A dozen or more amendments have been proposed in Congress to correct what is often framed as "the damage done by Citizen's United." The system was broken long before the 2010 Citizen's United decision, so this framing of the problem is a distraction from the real issue. Overturning Citizen's United will only return us to an era of inadequate campaign finance regulations. Regulations don't work because the regulatory boards are always staffed with industry insiders who weaken regulations in favor of corporate profits over the health and well being of the People.

H.J.Res 29, the amendment proposed by Rep. Rick Nolan of Minnesota, is the only proposal that eliminates ALL corporate personhood rights under the Constitution.  It is the first and most fundamental step in erecting a Wall of Separation Between Corporation and State. 

In order to rescue democracy in the USA, please demand that your Representative in Congress co-sponsor H.J. Res. 29, the We the People Amendment. Move to Amend

We can solve the issue non-violently with a constitutional amendment

The new fire in the growth of Liberty and Democracy initiated by the Arab Spring and OWS has accelerated the process of our sovereign People taking back control of our government from the corporate oligarchy. We will non-violently take back our government from within the system set up by our Founding Fathers by amending the Constitution.

The Supreme Court never actually ruled in their Santa Clara v. Southern Pacific Railroad 1887 that corporations are persons under the Constitution. The justices actually REFUSED to rule on that issue in this decision. Yet, the court reporter, a schill for the railroad barons, wrote it into his headnote, and as such, a century of court decisions have been based on this false precedent.  This is a 115 year-old corporate farce! 

In 1976, the Supreme Court ruled in Buckley v. Valeo that political money is speech and is protected under the First Amendment in the Bill of Rights.

On January 21, 2010, the Supreme Court made their worst decision to date, even worse than the Dred Scott decision. In Citizens United v. FEC, the Supreme Court legislated from the bench that if corporations are persons under the Constitution (1887), and money is speech (1976), then corporations and trade unions have the right to free speech under the First Amendment and can spend unlimited amounts of undisclosed money to influence elections. This decision overturned a century of campaign finance reform, and was certainly the most anti-democratic decision in history. 

The Citizens United decision opened the floodgates for international corporations to buy our elections. It drove the final nail into the coffin of Democracy, which is now dead. We no longer live in a Republic with government by the People. Our elected representatives are beholding to the special interests that financed their election campaigns, and not to the electorate. The whole system is seriously, seriously flawed. 

We need to take our government back. The Declaration of Independence 1776 says, “to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive of these ends, it is the right of the People to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

Short of an armed revolution, many people have concluded that we may be able to solve the issue non-violently with a constitutional amendment. A sudden rash of amendments have been proposed to Congress in both Houses. Most of them concern campaign finance reform. A couple of the proposed amendments go right to the crux of the issue. They propose that only human beings are persons under the law, and money is not speech.

In Response to a German's point of view on Islam

A Mother's point of view on corporate fanatics running our government.

Once upon a time, our government was of the People, by the People, and for the People. Then the railway profiteers, fondly know as the "Railroad Barons," or "Robber Barons," found ever more creative ways to bilk the government, the settlers, the investors, and the indigenous people out of all their assets. Many ruined families lay in their wake.

The Robber Barons got a Supreme Court decision, Santa Clara County v. Southern Pacific Railroad in 1886, to give "personhood" under the 14th Amendment to corporations in order to have legal standing in court and be taxed. I read that Supreme Court ruling several times. It was not, in fact, the ruling itself that gave "personhood" to corporations, but, rather, an entry in the court reporter's headnotes on the case. Since that time, the mega corporations have exploited that single court reporter's note, and layers of statutes have built upon it.

We now have a government of extremist ideologues who believe that windfall energy profits and war profiteering are of higher value than the People. Having preplanned their wars and boldly posted their manifesto on the website of the Project for the New American Century (PNAC) in 1998, corporate extremists rigged the 2000 election to put their man in office. They tried to create a threat big enough to install martial law with the distribution of anthrax through the mail to Congress, but it wasn't enough. They blamed it on Muslim extremists until the strain of anthrax was traced to a government lab in Maryland.

The neo-con corporate extremists contracted with their Saudi friends to finance a bunch of Saudis, and a few more from Pakistan, and fly hijacked planes into the WTC and the Pentagon on 9/11/01. They planted explosives in the WTC towers in order to destroy the entire buildings, and then cleaned up the evidence before the forensic investigators could piece things together.

Conveniently, Cheney was safely in a bunker at the time, Bush was in Florida, and the Strategic Defense Command was on exercises in Canada. I realized this truth when I saw the look on W's face when they told him what had occurred. The look said to me, "I didn't expect it to happen like this," as if he had been expecting it all along.

Our CEO President, who avoided his own military service to our country, transformed himself into the Commander and Chief, and ordered a war on Afghanistan, even though the hijackers were Saudi and Pakistani. We moved our troops into Afghanistan just in time to guard the areas where the Central Asian oil and gas pipeline was proposed to cross the country. In less than a year, our President ordered the preplanned invasion of Iraq, and made the Saudis and Pakistanis our best allies in the region. Saudi Arabia is a kingdom where capital punishment by beheading is still state sanctioned and rape victims are stoned to death. Pakistan was run by a repressive dictator, Musharraf. Something was clearly wrong with this picture.

Why do freedom-loving Americans become allies with repressive dictatorships like Saudi Arabia and Pakistan while vilifying democratically elected leaders like Hugo Chavez, Avo Morales, Mohammed Mossadegh, Jacobo Arbenz, Salvador Allende, Ho Chi Minh, Jose Valasco, Patrice Lamumba, Juan Bosch, Joao Goulart, Sukarno, Juan Torres, Jean-Bertrand Aristide, and Daniel Ortega?

Why do freedom-loving Americans tolerate the corporate contamination of our air, soil, and water for private profit? How many people in the world have died as a direct result and indirect result of corporate pollution? Why do we sit passively and let it happen? Why haven't the corporate polluters who are ruining our American way of life been brought to task for the damage they have wrought to Americans, the American environment, and the rest of the people in the world? How many have died from Global Climate Change? How many more will die?

Then came the NSA information gathering operation that rivals the œberefficient census data Hitler gathered with the help of IBM. I wonder if IBM currently assists the NSA with data processing? The information gathering began in 2001 before 9/11. Pretty soon, the corporatist government began gathering intelligence on Peace activists within the USA. The Peace activists remained silent and allowed the secret domestic spy program to continue.

A month after 9/11 came the Patriot Act, which eroded the Bill of Rights and legalized the NSA spy program. By 2005, after holding thousands of enemy combatants in detention for half a decade without charges, the Supreme Court ruled in Rasul v. Bush, that even non-Americans must have their day in court. In response, the Democratic led Congress passed legislation that stripped enemy combatants of the rights awarded to them by the Supreme Court as well as laws that have been on the books since King Henry II (1133-1189), with an amendment to a defense spending bill which removed the right of habeas corpus from anyone designated by the President as an enemy combatant. Soon, Peace activists were being accused of being enemy combatants.

The extremists kill whomever gets in their way: Mahatma Ghandi, Martin Luther King, Jr., John Lennon, Paul Wellstone (the only Senator the voted against the resolution to go to war with Iraq). They killed (or disappeared) Ken Lay before he could be sentenced. They killed our delegate to the 2004 Democratic convention by driving him off one of our steep mountain roads.

The neo-con corporate extremists that now lead our government have used the tragedy of 9/11 perform the hugest transfer of wealth in history from the US Treasury to Halliburton, Bechtel, KRB, Blackwater, and more. At the same time, they have destabilized the Middle East and turned Iraq into a breeding ground for terrorists. We are told again and again by "experts" and "talking heads" that the wars are to spread Freedom and Democracy to subjugated peoples. Instead, they have perfected Orwellian Doublespeak and spread state sponsored terror in the name of Freedom and Democracy just like the medieval Crusaders did in the name of Christ, the Prince of Peace.

Our American way of life is in jeopardy. Our free elections are tainted by partisan voting machine manufacturers who boast victory for their candidates no matter which way the People vote. The checks and balances between the three houses of government are destroyed. The public can no longer visit their executive in the White House, and the executive branch creates secret policies in secret meetings. Our President holds himself and his cabal of cronies above the law and prohibits his cronies from appearing before Congress even when subpoenaed. No habeas corpus, no checks and balances, no right to assembly freely and dissent, Peace activists being accused of being enemy combatants, courageous dissenters being mysteriously killed without any investigation. What has happened to our American way of life? The freedoms of life, liberty and the pursuit of happiness. Oh, now don't get me going about the pursuit of happiness!

Before the advent of the neo-cons, America was the richest country on Earth, had the largest middle-class, had thriving trade unions, a large manufacturing base, the finest schools, and was the breadbasket of the world. The neo-cons have stripped this country of all its wealth and left a battered nation in its wake, worse than the 19th century Robber Barons.

"...we must pay attention to the only group that counts; the fanatics who threaten our way of life." We must all pass this message on to everyone we know wake them up to take action and peacefully remove the corporations from the US government and return it to the benefit of the People. Let's get the Supreme Court to overturn Santa Clara County v. Southern Pacific Railroad and all subsequent statutes. We must reverse every law enacted by this illegitimate fanatical President who says he is carrying out God's will in order to save our nation. Let's see if we can reverse the damage done by the neo-con corporate extremists before it is too late.

My sister wrote to me:
Dr. Emanuel Tanay is a well known and well respected psychiatrist.

A German's point of view on Islam.

A man whose family was German aristocracy prior to World War ll owned a number of large industries and estates. When asked how many German people were true Nazis, the answer he gave can guide our attitude toward fanaticism. 'Very few people were true Nazis,' he said, 'but many enjoyed the return of German pride, and many more were too busy to care. I was one of those who just thought the Nazis were a bunch of fools. So, the majority just sat back and let it all happen. Then, before we knew it, they owned us, and we had lost control, and the end of the world had come. My family lost everything, I ended up in a concentration camp and the Allies destroyed my factories.'

We are told again and again by 'experts' and 'talking heads' that Islam is the religion of peace, and that the vast majority of Muslims just want to live in peace. The fact is that fanatics rule Islam at this moment in history. It is the fanatics who wage any one of 50 shooting wars worldwide. It is the fanatics who bomb, behead, murder, or honor killing. The hard quantifiable fact is that the "peaceful majority," the "silent majority," is cowed and extraneous.

Communist Russia was comprised of Russians who just wanted to live in peace, yet Stalin was responsible for the murder of about 20 million people. The peaceful majority were irrelevant. China's huge population was peaceful as well, but Chinese Communists managed to kill a staggering number of people. The average Japanese individual prior to World War ll was not a warmongering sadist. Yet, Japan murdered and slaughtered its way across South East Asia in an orgy of killing that included the systematic murder of millions Chinese and Filipino civilians; most killed by sword, shovel, and bayonet.

And, who can forget Rwanda, which collapsed into butchery. Peace-loving Muslims have been made irrelevant by their silence. Peace-loving Muslims will become our enemy if they don't speak up, because like my friend from Germany, they will awaken one day and find that the fanatics own them.

Peace-loving Germans, Japanese, Chinese, Russians, Rwandans, Serbs, Afghanis, Iraqis, Palestinians, Somalis, Nigerians, Algerians, and many others have died because the peaceful majority did not speak up. As for us who watch it all unfold, we must pay attention to the only group that counts; the fanatics who threaten our way of life.

Lastly, at the risk of offending, anyone who doubts that the issue is serious, is contributing to the passiveness that allows the problems to expand. So, extend yourself a bit and send this message on and on and on! Let us hope that thousands, world wide, read this - think about it - and send it on.

Emanuel Tanay, M.D.
2980 Provincial St.
Ann Arbor, MI 48104
734-997-0256
(Although Dr. Tanay's name is on this post, he actually is not the author.)

19th Century Robber Barons Paved the Way

I just finished reading Hear That Lonesome Whistle Blow by Dee Brown. It was a painstaking report of how the frontier was settled by the railroads. It began with a few honest visionaries who failed to get enough backers to fund a railroad project. Then big business got involved. They wrapped the railroads in the American flag and made it a patriotic duty. They convinced Congress of the necessity of connecting the Atlantic with the Pacific oceans, which then passed legislation that granted cash money and tens of thousands of acres of land for every mile of track that was laid. The corporate profiteers laid track on the longest routes possible to reap ever more money and land from Congress. Congress took federally granted lands from the Native Americans and transferred it to the railroad companies without notifying the tribes. Then they sent Civil War generals Sherman and Sheridan to wipe out the Indians that were blocking the railroad from entering tribal lands.

The railroad companies then subdivided the land grants and sold them for a huge profit. There was more profit in subdividing the land than in the RR itself. The railroad companies gave Congress doubly inflated estimates of the cost of building the railroads bilking the Treasury of huge amounts of grants. A couple of railroad companies even set up shell holding corporations to siphon off the biggest profits. They additionally sold stocks and bonds in the railroads; if your town didn't buy RR bonds, then the tracks didn't come your way.

Once the Native Americans were crushed and the land grants were subdivided, the RR companies sent solicitors all over Europe to bring whole communities to their dream of new hope in America. Europeans would give their life savings to the RR companies for the lots in the prairies and mountains of the west and get 3-year mortgages on their houses. Just like the sub-prime mortgage debacle of today, most of the European immigrants ended up broken and penniless. The railroads effectively ruined the lives of generations of settlers as well as generations of Native Americans from whom the land was stolen.

After all the tracks were all laid, and the immigrants were settled in the subdivided lots, then the RR monopolies charged enormous fees from farmers to transport their produce to markets. The high transportation fees made farming a money losing endeavor.

The Supreme Court ruled twice within 15 years against the railroad companies taking federally appropriated tribal lands. Yet, Congress ignored the Supreme Court. Many members of Congress were also involved in the RR profiteering. The railroads of the 19th century were akin to the war profiteers and oil companies of the 21st century. Both sets of profiteers own Congress on both sides of the aisle. Even our esteemed president Abraham Lincoln reaped profits from railroad land speculation. Don't forget, it was Democrat John Kerry who amassed the largest profits of anyone in Congress from his investments in Iraq.

In addition, a Supreme Court ruling in 1886, Santa Clara County v. Southern Pacific Railroad, gave "personhood" under the 14th Amendment to the RR corporations in order to have legal standing in court and be taxed. I read that Supreme Court ruling several times. It was not, in fact, the ruling itself that gave "personhood" to corporations, but, rather, the railroad barons got human rights for corporations inserted in the court reporter's headnotes on the case. Since that time, the mega corporations have exploited that single court reporter's note, and layers of statutes have built upon it.

After all the profits were tidily secured in the private pockets of about 70 RR barons, the house of cards fell and the railroads went bankrupt. RR stocks and bonds became worthless. Tracks were left unused. Towns were laid waste without the RR to connect them to markets. The profiteers anticipated the fall and sold their stocks and bonds at a profit before the prices plummeted. It took two decades for the American public to notice the monumental rip off. Congressional investigations exposed the fraud, but they didn't want to go too deep into the details, since too many members of Congress had an embarrassing history of involvement.

One of the lessons I learned from this story was that the neo-cons have a longer history in America than the massive mid-20th century post-war immigration that I know about. Another lesson I learned is that corporate profiteers like Jay Gould, Durant, and Henry Villner can get ever more creative to invent ways to separate innocent victims from their money. Very Rovian. The third lesson was that fascists care nothing for the sanctity of life; they kill not only the enemies, but also kill their women, children and elders. Sherman and Sheridan killed whole villages of undefended Native peoples on tribal lands tantamount to genocide. Warriors would leave their villages undefended because they couldn't imagine that unarmed innocents would become targets. Nowadays, state-sponsored terrorism like the occupation of Iraq doesn't hesitate to kill everyone whether they are insurgents or not. What Che Guevara taught us was that protecting the innocents and only fighting the armed warriors wins the popular sentiment to your side. Batista killed anyone, which led to his defeat by the popular revolution.