Congressman James McGovern, D-Mass, recently introduced a proposed 28th Amendment to the U. S. Constitution -- "The People Rights Amendment. "
This amendment (or as I see it, this piece of abject stupidity) according to Rep. McGovern, "marks a major breakthrough in the growing movement across the country to end corporate personhood and restore democracy to the people."
He argues, "Corporations are not people ... they are artificial entities." His amendment would strip corporations of all Constitutional rights and protections.
McGovern was joined in introducing the amendment by House Minority Leader Nancy Pelosi, D-Calif., 26 other Democrats and one Republican. For Rep. Pelosi, this appears to be one more case of "we have to pass the .... bill so that you can find out what's in it."
Rep. McGovern (born 1959) represents Massachusetts' 3rd Congressional District. He has served since 1997. He is a member of the Democratic Party. He is a member of the Congressional Progressive Caucus and has been ranked as one of the most liberal members of Congress. His proposed Amendment shows why.
Fortunately, unlike the health care bill, this abomination is only a half page long. Here it is:
"Section 1. We the people who ordain and establish this Constitution intend the rights protected by this Constitution to be the rights of natural persons.
"Section 2. The words people, person, or citizen as used in this Constitution do not include corporations, limited liability companies or other corporate entities established by the laws of any State, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected State and Federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.
"Section 3. Nothing contained herein shall be construed to limit the people's rights of freedom of speech, freedom of the press, free exercise of religion, freedom of association and all such other rights of the people, which rights are inalienable.''
McGovern's stated purpose in proposing his amendment is to reverse the Supreme Court ruling in the Citizen's United case, which held that corporations (and labor union) -- like individuals -- have a First Amendment right to free speech.
Since 1791, the First Amendment says, "Congress shall make no law ... abridging freedom of speech or the press."
In the Citizen United case the Supreme Court read "no law" to mean "no law." Note that the First Amendment doesn't read, "Except in the case of corporations, Congress shall make no law ... abridging freedom of speech or the press." But McGovern's Amendment goes beyond that "minor" alteration.
Upon passage of the amendment, "the rights protected by this Constitution (will only) be the rights of natural persons." That would "not include corporations."
So, what corporations would be stripped of the Constitutions Rights?
All of them! General Motors, Deere & Co., Bank of American, Blackhawk Bank and Trust, CNN, Fox News, WHBF-TV, KWQC-TV, WQAD-TV, The Dispatch/Argus, Project Now, Planned Parenthood, the NRA, The ARC of Rock Island County, Bethany Home, the Catholic Church, any other incorporated church, the cities of Rock Island and Moline, Rock Island County, Key Auto Mall, Courtesy Ford, the Quad City Music Guild, Playcrafters Barn Theatre, the Col. Davenport Historical Foundation, The Republican Party, the Democratic Party, Moline High School, etc., etc., etc.
Every corporation -- large or small -- throughout the U.S.!
And if you read carefully, you will quickly see that it would not just abolish a corporation's right of free speech. This amendment would rob every corporation in the land of all their constitutional rights!
It would strip corporations of the right to be free from unreasonable searches and seizures, the right to due process and fair, speedy and public trial, the rights to be able to know the charge, to confront accusers, and to cross examine accusers, as well as the 14th Amendment rights to due process and equal protection.
Indeed, Corporations would have no right to just compensation if their property were to be taken for public use. Corporations would no longer be protected from ex post facto laws. Additionally if you are a corporate news organization, you would no longer have freedom of the press. If you are a church corporation, you would no longer have freedom of religion.
And note, the proposed Amendment makes no distinction between business corporation, advocacy corporations, ecclesiastical corporations, or newspaper corporations.
Under this Amendment, the government could shut down any corporate speech or press it did not like. This would include speech by NBC,CNN, Fox News Mediacom or any corporate internet provider. Nor would they, or this newspaper any longer enjoy freedom of the press!
Posted Online: Posted Online: June 04, 2012, 3:07 pm - Quad-Cities Online
by John Donald O'Shea
Copyright 2012, John Donald O'Shea
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