8 Words That Could Save Our Country

"A rogue Supreme Court" -- headed by Justice Roberts ... and who do we have to blame for Roberts (and Alito)? Why, "W", of course!

8 Words That Could Save Our Country By David Morris

Posted on May 1, 2010

A rogue Supreme Court seems hellbent on establishing a corporate oligarchy. Congress can’t stop it. Every time Congress or state legislatures tries to curb the power of billionaires or mega corporations the Court slaps them down.

Citizens United v. FEC, the recent Supreme Court decision that allowed corporations to spend unlimited sums of money to influence elections is only the most recent step in this process. There will be more. But the shocking decision may be sufficient to galvanize a political movement that can change the rules and ensure our democracy.

We can save our country by adding eight words to the fundamental law of the land, the US Constitution. "Corporations are not persons." "Money is not speech."

Such a development is not without precedent. Once before a political movement has changed the Constitution to nurture democracy. The populist uprising of the late 20th century led to the passage, in rapid succession of the 16th Amendment in 1913 that allowed for an income tax, the 17th Amendment, ratified the same year that required the direct election of Senators and in 1920 the 19th Amendment that gave women the right to vote.

A campaign to strip corporations of personhood would have a similar populist and popular appeal. A recent Quinnipiac poll reveals a whopping 79 percent public disapproval of the Court’s ruling. A Washington Post-ABC News poll puts the figure even higher at 81 percent. And as Dan Eggen of the Post writes, "The poll reveals relatively little difference of opinion on the issue among Democrats (85 percent opposed to the ruling), Republicans (76 percent) and independents (81 percent)."

But win or lose, a campaign against corporate personhood would allow us to regain control of a narrative we lost in 1980 when Ronald Reagan declared in his Inaugural Address, "government is the problem" and initiated a process that has resulted in the greatest concentration of private wealth and power in American history.

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President Obama had the opportunity to launch a vigorous and informed national campaign on corporate personhood in his State of the Union Address. He came close, tiptoeing up to the topic and then backing away. His was a historic moment, coming just a few days after the Supreme Court decision and in front of an audience of more than 40 million Americans. The President did raise the issue. "Last week, the Supreme Court reversed a century of law to open the floodgates for special interests -- including foreign corporations -- to spend without limit in our elections," he noted. "Well I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by foreign entities."

From the balcony, Supreme Court Justice Samuel Alito mouthed the words "not true."

Not true? That was the moment the President should have presented his case. And what better person to explain to people the bizarre history of corporate personhood than a brilliant, articulate African American who was also a Professor of Constitutional Law?

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Money equals speech

The issue of money and speech is separate from the issue of corporate personhood and deserves its own constitutional amendment, although the two issues are related because corporations have the most money and therefore benefit the most from the Court’s 1976 ruling that money is speech.

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Each time Congress or the states have tried to rein in the power of concentrated wealth the Roberts Court has said no. Citizens United is simply the latest and so far the most egregious example.

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It is time for a four word Constitutional Amendment: “Money is not speech.”

Happily many groups are working for a constitutional amendment that strips corporations of personhood and ends the free speech rights of unlimited campaign spending. Most are small and poorly financed. Some like Public Citizen’s www.dontgetrolled.org focus on getting names on a petition urging Congress to act. Others like the coalitions around www.movetoamend.org and www.freespeechforpeople.org are proposing the actual text of amendments.

In February Representative Donna Edwards (D-MD), introduced a resolution to amend the U.S. Constitution. It reads, “The sovereign right of the people to govern being essential to a free democracy, Congress and the States may regulate the expenditure of funds for political speech by any corporation, limited liability company, or other corporate entity.”

This is a step in the right direction but I worry about the wording. First of all, a national campaign to give Congress the right to regulate may end up putting the spotlight on Congress, the only institution that has a lower approval rating than Goldman Sachs. Secondly, the amendment does not get to the heart of the issue by challenging the personhood of corporations and cutting the link between money and free speech rights.

But all of this is a quibble. Four stars for Donna Edwards for getting off the block. We can work out the wording later. Right now, however, we need to mount a national campaign to explain to people what is at stake and what needs to be done. It is a natural for the Democratic Party. Perhaps we can persuade President Obama to kick it off by delivering the speech he should have given in January.