School House Rock https://www.youtube.com/watch?v=-EISWIY9bG8
the people rule democracy Democracy Republic From Greek: Demos (the people) + Kratia (power) = the people rule Democracy Republic Shutterstock ID: Sheep 68883148; Alpaca 283280123
“People” – What did the Founders mean? POCLAD: http://www.poclad.org/art/wuerker03.html#1
The Ideal: “We the People” govern ourselves RIGHTS Sovereign Private Rulers! Ruled Government DUTIES Accountable Public Paper doll circle - Shutterstock ID: 44775997 Wolf - Dreamstime.com ID: 20551323
Framework: Constitution & Bill of Rights Paper doll circle – Shutterstock ID: 44775997 Checks & Balances Legislative Congress Executive President & agencies https://www.youtube.com/watch?v=-EISWIY9bG8 Judiciary Supreme Court
Timeline of Rights, Powers & Privileges amendment formal rule change PEOPLE! (Congress) 1 act a bill passed into law by government Congress & President 2 internal threat: weakness in a system that can destroy it POCLAD: http://www.poclad.org/art/wuerker03.html#1 Supreme Court vector – Shutterstock ID: 65009338 lawsuit court decides how to interpret the law Courts 3
1789–1791: Founding documents What’s next? “A Republic, madam, if you can keep it.” ~ Benjamin Franklin 1789 What’s next? We think that people without legal rights will: And that people with legal rights will: 5 generations of slaves Family photo - Shutterstock ID: 242815045
Of kings & corporations A group of persons with a legal license or charter to do business Exploit the new world Collect taxes Pass laws Raise armies Shutterstock ID: King 1685294; tea party vector 21685294 National Portrait Gallery, London
How to control corporations? RIGHTS “We the People” Founders dilemma: How to control corporations? Corporate Contract Government DUTIES Public service Rules! No politics Rules! Expiry date Wolf - Dreamstime.com ID: 20551323 Shutterstock ID: grocer 118704688, baker 393261496, cobbler 75295429 Rules! Cancel charter Follow the rules!
√ Person(s) 25 People 7 Citizen 8 African Americans 0 Women 0 Corporation 0 √ Cartoon: Permission from Wuerker “artificial person”
1803 Concept of “judicial review” Supreme Court is supreme QUESTION: What happens when an Act of Congress conflicts with the U.S. Constitution? Legislative Executive Judiciary Supreme Court is supreme Marbury v. Madison 1803 Supreme Court vector - Shutterstock ID: 65009338
1819 Corporations gain “standing” in the Constitution Question: Could a state legislature interfere with a charter? In the absence of royal rule, contracts rule! Dartmouth v. Woodward 1819 Supreme Court vector - Shutterstock ID: 65009338
1800–1820: Balance of power shifts “This country is now taking so steady a course as to show by what road it will pass to destruction, to wit: by consolidation of power first, then by corruption, its necessary consequence. The engine of consolidation will be the federal judiciary, the other two branches the corrupting and corrupted instruments.” ~ Thomas Jefferson, 1821 What’s next? We think that the Supreme Court will and that corporations will .
1820–1880s: Clash of values Shutterstock ID: Abolitionists 237232111, Civil War soldiers 245585224, textile mill worker 244389922, Suffragists 242820745
Civil War Amendments & Acts 13th Reconstruction era, free in swamp Shutterstock ID: 252140449 Reconstruction era, prison labor, Library of Congress ID: det4a10700v 14th 15th Civil Rights Acts
Courts: Who or what is a “person”? 14th Amendment: “… nor shall any State… deny to any person within its jurisdiction the equal protection of laws.” Persons Corporations 19 Cases 288 Cases Cartoon, robber baron – http://ushistorysca.weebly.com/uploads/4/3/1/3/43136337/9292524_orig.png
The court does not wish to hear argument on the question whether the … 14th Amendment... equal protection of the laws, applies to these corporations. We are all of opinion that it does. ~ Justice Morrison Waite 14th Artificial persons have equal protection to real people Supreme Court - Shutterstock ID: 65009338 Santa Clara County v. Southern Pacific Railroad 1886
RIGHTS DUTIES “We the People” Government Sovereign Private Accountable Paper doll circle – Shutterstock ID: 44775997 Wolf - Dreamstime.com ID: 20551323 Accountable Public