the people rule Definition of “democracy” From Greek:

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Presentation transcript:

the people rule Definition of “democracy” From Greek: Demos (the people) + Kratia (power) = the people rule Democracy Republic www.MoveToAmend.org ~ signed by 64,497 and counting…

First 3 words of our Constitution?

Constitution & Bill of Rights “We the People” Sovereign Private RIGHTS Government Accountable Public DUTIES

The Idea: Sovereign self-governance Checks and Balances Legislature Executive Judiciary

What is a corporation? Cor-por-a-tion n. 1. A body of persons acting under a legal charter as a separate entity having its own rights, privileges, and liabilities. “artificial entity”

Corporations & the King 20 corporations chartered to the King Corporations could levy taxes, pass laws, raise armies

Who controlled corporations? RIGHTS “We the People” Government DUTIES Approved corporate charters Limited corporate life Approved corporate purpose: for-profit required public benefit Restricted activities: e.g., prohibited political activity Revoked charters if terms violated “artificial person”

Supreme Court is supreme Concept of “Judicial Review” What happens when an Act of Congress conflicts with the U.S. Constitution? 1803 Legislature Executive Marbury v. Madison Judiciary Supreme Court is supreme John Marshall Chief Justice

1819 Corporations gain “standing” in the Constitution Did state legislature unconstitutionally interfere with Dartmouth's rights under the Contract Clause? Corporations controlled by constitutional law (federal courts), not state law (legislatures) Dartmouth v. Woodward 1819 Corporations have standing in Constitution

A warning from a Founder “ Our country is now taking so steady a course as to show by what road it will pass to destruction… by consolidation of power first, and then by corruption… The engine of consolidation will be the federal judiciary…” ~ Thomas Jefferson, 1821

1800s: Struggle for human rights

The “birth” of corporate persons “… nor shall any State … deny to any persons within its jurisdiction the equal protection of laws.” African American Men+ Corporations 19 Cases 288 Cases 1868

The “birth” of corporate rights 1886 Corporate persons = HUMAN persons Corporate persons entitled to constitutional rights Santa Clara County v. Southern Pacific Railroad 14th Amendment

Supreme Court re-allocated power “We the People” Sovereign Private RIGHTS 14th Amendment Government Accountable Public DUTIES

Two ways to recognize rights People Corporate Persons People-made law through Congress Judge-made law through judiciary

To be continued…

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