Jim Hightower | The Supreme Coup

by: Jim Hightower, t r u t h o u t | Op-Ed

Despite 234 years of progress toward the American ideal of equality for all, we still have to battle unfairness.

How happy, then, to learn that a handful of our leaders in Washington took bold and forceful action last week to lift another group of downtrodden Americans from the pits of injustice, helping them gain more political and governmental power. I refer, of course, to corporations.

Say what? Corporations should get more power over our elected officials?

"Free the corporate money," cried the movement's leaders, demanding that America sever the few legal restraints that remain on corporate efforts to buy our elections. "Si, se puede," chanted these assertive champions of corporate supremacy -- "Yes, we can!"

So, they did. "They" being the five doctrinaire corporatists who now form the majority on the U.S. Supreme Court. Let's remember their names: Sam Alito, Anthony Kennedy, John Roberts, Antonin Scalia and Clarence Thomas. These five men, on their own whim, have executed a black-robed coup against the American people's democratic authority.

They took an obscure case involving a minor violation of election funding law and turned it into a constitutional upheaval. Rushing their handpicked case through the system, they issued a 5-4 decision on Jan. 21 that overturns a century of settled American law and more than two centuries of deep agreement in our Land of the Free that the narrow interests of corporations must be subjugated to the public interest.

Indeed, the founders of our Republic saw corporate power as an inherently selfish and perpetual danger to democracy, and most leaders of that day believed that corporate entities should have no role whatsoever in politics. Thomas Jefferson bluntly declared in 1816 that the country must "crush in its birth the aristocracy of our moneyed corporations."

The Alito-Kennedy-Roberts-Scalia-Thomas cabal, however, has unceremoniously dumped the wisdom of the founders, along with volumes of American judicial precedent, to assert that poor little corporations today are victims of political "censorship" by Congress, states and cities that have outlawed the use of corporate funds in elections. Such restrictions, ruled the five usurpers, violate the "free speech rights" of corporations, putting corporate interests at a disadvantage with other political interests.

Disadvantage? This would be hilarious, were it not so dangerous. No other group in American has anywhere near the voice and raw political power that corporations exert every day. Campaign donations from individual corporate executives (and from their PACs, 527s, front groups and other channels) total hundreds of millions of dollars each election year, effectively shouting down the voices of ordinary folks (the Wall Street bailout being but one sterling example).

Yet the Court has just handed these political powerhouses their wildest dream: access to the multi- trillion- dollar ocean of funds held within the corporate entities themselves. Every business empire -- from Wall Street to Wal-Mart, Exxon Mobil to the China Overseas Shipping Company (yes, the five wise guys even waved foreign corporations into our political funfest) -- can now open the spigots of their vast corporate treasuries and send a raging torrent of their special interest cash into any and all of our national, state and local elections.

Two legal perversions are at work here. First, the Court has equated the freedom to spend money with the freedom of speech. But if money is speech, those with the most money get the most speech. That's plutocracy, not democracy, and it's totally alien to our Constitution, as well as a gross distortion of the crucial principle of one person-one vote.

Second, a corporation literally cannot speak. It has no lips, tongue, breath or brain. Far from being a "person," a corporation is nothing but a piece of paper -- a legal construct created by the state as a mechanism for its owners to make money.

Actual people in the mechanism (shareholders, executives, workers, retirees, lenders, et al.) can and do speak politically -- in many diverse voices that express very different viewpoints. But the corporate entity, which the court cabal is trying to turn into a Frankenstein monster, is inanimate, incapable of thought, inherently mute and, in itself, no more deserving of human rights than a trash can would be.

Copyright 2010 Creators.com

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Thank you Jim for once again

Thank you Jim for once again speaking truth to power. The venal, corrupt actions of some of those who sit on our Supreme Court amazes me once again. As I explain to my 20 yr. old daughter, I fear that our Republic has been hanging in the balance since at least that fateful day in 1963 when the power elite of the CIA, Military industrials, and the Mob conspired to not shoot from the grassy knoll.
Perhaps the death penalty and punishments for treason, theft etc. should be directly applied to Corporations in that they have the legal rights of people...

Just my half yen.



To the masses, they have NO

To the masses, they have NO CLUE what this means, the de-education of America is complete.



Freedom of speech means

Freedom of speech means allowing not just those you embrace to speak, but those you fear. The problem with so many is that that they fear freedom more than anything.
- e. a. graham



Jim, Some points need

Jim,

Some points need clarification. Firstly, corporations should not have the same rights as citizens of the United States. However the granting of civil rights to corporations was the decision of a much earlier court, and Chief Justice Roberts pointed out that this may be the true issue and may need to be overturned. He even stated that if previous decisions weren't overturned occasionally "segregation would be legal, minimum wage laws would be unconstitutional, and the Government could wiretap ordinary criminal suspects without first obtaining warrants."
Unfortunately they must redress the grievances brought before them and the particulars of that case. To do otherwise would be "legislating from the bench."
The facts: In 2008, Citizens United sought to release a politically motivated documentary film via pay-per-view, they sought to advertise this via commercials. Senator Hillary Clinton appealed to the Federal Election Commision to bar it's release to cable, (it had already been released in theaters and DVD). The FEC sided with Senator Clinton and prevented the documentary commercials from being released. The Federal Elections Commision cannot infringe on the rights of free speech. That was the judgement.
Blame the first amendment rights granted to faceless corporations, blame Hillary Clinton for taking it to the court room. But don't blame the justices, they were merely ruling on one specific case.
Additionally, if they had found in favor of the Federal Elections Commission, they would have been granting the FEC the right to stop any political discourse that involves any corporation. This would include news corporations, newspaper corporations, internet corporations, etc. Think about that, the FEC could stop anyone from expressing any political opinion on any corporately controlled entity. That is chilling.
Also as for "rushing" it through, the Supreme Court took nine months to hear the oral arguments and then asked for them to be reargued nearly five months later, and then did not issue a decision for an additional four months. The time between the docket and the decision was 17 months and 3 days.
We are all entitle to our own opinions, but we are not entitled to our own truths.



Take a look at the list of

Take a look at the list of corporate donors to Obama's campaign. You'll feel better



If the above commenter is

If the above commenter is correct, then perhaps the time is ripe to re-visit the decision (if there ever was one) granting corporations personhood under the law. As I understand it this was first raised in a case Southern Pacific Railroad vs. Santa Clara County in 1886 and the court never formally ruled on corporate personhood. Rather, the court clerk, J.C. Bancroft Davis (a railroad excecutive), entered the following into the court record;

"The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does."

The quote was attributed to Chief Justice Morrison Waite, but the court never ruled formally on the issue.

Why this has never been challenged has always puzzled me, but perhaps the current five radical justices would be inclined to settle the matter once and for all if the right case would present itself. Surely there are a million potential cases that could be filed in this regard, why it has not been done before is beside the point. Why not do it now?



We are being too legalistic

We are being too legalistic here. The Constitution has been reinterpreted in many ways by human beings with their bias, interests and personal perception of society. We have seen extreme cases of interpretation for even abominable pursuits. Some past interpretations are being seen today as totally wrong and unfunded and. based solely on religious, ideological and extreme credence. If the Constitution is one of the bases of our democratic system then we cannot be purely legalistic and ignore the harm that the decision of the Supreme Court has done to this democratic system. The SC has rule out equality. It cannot be equality when a disproportionate influence on the national decisions has been awarded to the BIG CAPITAL. It cannot be freedom when people are openly exposed to sheer manipulation and without access to objective information. Happiness, how can people be happy when they are so impotent watching the childish behavior and corrupt postures of the people they elected to speak and defend their interest. No, this is not a legalistic decision it is an ideological and political one.



I like that Tony illuminates

I like that Tony illuminates some of the history of the case and time-line in court -- good job. But we need more. We need to see a trail of case law that shows how Corporations and Individuals come to be treated as equals -- where does this come from -- I think later than 1886. Also where money = free speech. If this is true, I think we ought to level the playing field and make the maximum amount of money donations be equal to what the least wealthy can afford to donate. That would bring us back to something like one man/woman = one vote, instead of the "bags of cash" equals the "number of votes that can be bought" system we have. It is good to get all this out on the table for viewing. We know conservatives (politicians and judges in the Federalist Society mold) have a pro-corporation legal ideology and agenda just as liberals have a human rights and civil liberties agenda. Judges are political. When Roberts said judges are like umpires, he was not telling the truth. Why is justice filtered through ideological prisms? There is no answer. It just is. That is why we have these politicized 5-4 splits on these types of issues. We will see a lot more of this coming up with O'Connor gone, so hold on to you pants, they might get stolen. The real irony is to have a judge like Alito replace a judge like O'Connor -- both Republican conservatives, but miles apart in serving everyday Americans. Read "The Nine".



Tony said this is a simple

Tony said this is a simple matter of first amendment rights, and that was all the Justices could rule on. But it just isn't as simple as that. Rights, even Constitutional rights, are not absolutes. There is clear precedence of infringing rights (such as association, speech, etc) for compelling state interests. In election law, the Courts have long upheld this tradition. For example, in past decisions, the court has held that there is a compelling state interest in preventing corruption or the appearance of corruption. The importance of public confidence in elections underpins our democracy, and if people feel their voice is meaningless, then we have no democracy.

The Roberts Court clearly ignored precedence, even their own precedence, in this case. In WRTL vs FEC, Scalia claimed to be watching out for the little guys, who were drowned out by massive corporate and individual donations to 527 groups.

There is a good reason so many are shocked by this decision. It is clearly a political decision that flies in the face of precedence.



Tony brings up some

Tony brings up some interesting points in his posting, but perhaps he should have considered this: the distribution of the movie was not universal, but in targeted markets; and despite much effort, I could not find a DVD of the movie anywhere I looked for it.

As for the Constitution, nowhere in that document is the word "corporation" ever mentioned. As was noted in the article, our Founding Fathers had a strong opposition to corporations, which is why they limited them through law to 10 year lives, not eternal life as we have now. The notation on the ruling in 1886 was just that a notation, it was not part of any ruling, and therefore, there is no ruling to be challenged, which is what stops most lawsuits cold.

In order to undo the damage done by that ruling and this one, we need to pass a constitutional amendment that would strip corporations of the same rights as people. This case addressed the question of money=free speech, but what happens when they arm themselves, do corporations get the same 2nd amendment protections that people do? What if Xe ruled that they should have the right to arm security guards without restriction under the 2nd Amendment? What if they claimed that they were protected from the search and seizure of corporate records when they are funnelling drugs or weapons or people illegally because they claim money=immunity?

How many of the rights we have as citizens do you think is a fair number to give to corporations? 1, 2, 5, 10? Personally, I think that they should be reduced back to what they are-a piece of paper that allows a business to exist for the purpose of making a profit, and not a person, my so-called equal. I am better than any corporation because I am a human being, and I do not need a piece of paper to exist or be a voting citizen. Apparently, that is something the Supreme Court of the United States should think about.



WASHINGTON D.C. 2010... In

WASHINGTON D.C. 2010... In an act of Supreme Incontinence, The Supreme Constitutional Decoders of the Supreme Court of Corporate Considerations today declared inherent Constitutional RIGHTS suddenly, actually exist for all 'PAPER PEOPLE' Globally. In the 5 t0 4 split personality dis-Order handed down on a lead brick, the Decoders decided that money actually talks and so, has the RIGHT to freely speak everywhere in America without restraint and that 'Paper People' are really really People too, only with a whole lot more talking money than average real people.... Long Live The Republic..!



OK, this will sound strange,

OK, this will sound strange, but I read an article about employment and the history of how employees were treated. Back in the colonial days, British employment norms ruled. Employees were virtual property of their employers. If an employee were hurt on the job by some outsider, the EMPLOYER was compensated for the work time lost due to the loss of the employee. The employee got zip. It was likely this system that the founders were revolting against when Jefferson made the following statement:

"I hope we shall crush in its birth the aristocracy of our monied corporations which dare already to challenge our government to a trial by strength, and bid defiance to the laws of our country."



This was a deliberate coup

This was a deliberate coup against the Democratic process in the United States. Google James Bopp Jr. He was the original lawyer that started this case. He has been working to get this principle into the court for years. Wait until you see what else is planned. The was a NYTimes article on this a few days ago. It is scary.



I would dearly love to know

I would dearly love to know who is filling the pockets of the "gang of five". For them to make such an activist, right-wing decision giving a corporate entity the right to personhood beggars the imagination of even this poor citizen. Free Speech had nothing to do with this insane ruling. I believe this country is on the slippery slope to fascism fully funded by the "me-firsters" and the "I'm up, pull up the ropers". Regular Americans cannot compete with the wealth of corporate America, unless of course, the Supreme Courts deems it must. They chose the "fortunate son" to be President and let him rape our country into fiscal bankruptcy bringing us to the brink. To have a black man save us from that fate is not to be borne by the Republicans who would rather see this country fail than for him to succeed. I sincerely hope and pray that they will reap what they have sown come November. They wasted eight long years during Bush's terms in office and are prepared to squander what's left of President Obama's. I hope he has gotten the message, as evidenced by their behavior during his State of the Union speech, that they have no intention of trying to help this country or the working poor who live here. Money and power are the god's they worship. Hard work and accomplishment are things they abhor. A pox on all of them.



Thank you, Mr. Hightower,

Thank you, Mr. Hightower, for another insightful article. I was stunned by this decision. After all the right wing blathering about "activist judges," here surely was one of the best examples of judicial overreach in the history of the Supreme Court. Setting aside for a moment legal precedents of the past 60 years, it's just plain ridiculous to equate the rights of flesh and blood citizens with an entity that exists only on paper. I hope Congress can fix this mess with some serious campaign finance reform. While they're at it, I think it should be illegal for a group in Nevada, for instance, to pour in huge sums of money to influence an election in California. I believe that only in-state money should be allowed for a state election. Here's hoping Washington acquires the conscience, wisdom, and backbone to pass campaign finance reform while we still have some semblance of a democracy left.



One difference, an important

One difference, an important one, between the two political parties that now alternate control of the gov't, is that Democrats nominate qualified jurors to the Supreme Court and Republicans nominate ideologues. Does anyone think Clarence Thomas and Antonin Scalia are qualified to be on the Supreme Court? that they have judicial temperaments? Just look at the activist rulings the conservative SCOTUS has inflicted upon the US, starting with the ultra partisan selection of GW to the presidency. We knew these guys were going to be bad news yet the nominations passed anyway. Shame on you Democrats! Republicans nominate young, partisan jurors, hoping their ideology will sway the court for decades, Democrats nominate mainstream jurists who are vilified by Repubs because they can actually deal with nuance and subtlety. This is a consequence of poor political judgement and will haunt the middle class for decades. I wonder how many real conservatives are happy with this decision?



Larry asks "where does this

Larry asks "where does this come from -- I think later than 1886. Also where money = free speech." I can't answer him on the first, but the second comes from Buckley v. Valeo, 1976. I don't think Carter had even been elected yet, and his presidency was already doomed.



These 5 Fanatical Free

These 5 Fanatical Free Market Capitalists who were stacked on the Supreme Court over the last few decades by Fanatical Republicans are completely out of control and should not only be impeached, they should be disgraced as the destroyers of Democracy in America right NOW, as the future will label them. This decision is strongly disputed by the other 4 dissenting Supreme Court Judges for good reason! This decision goes completely against what OUR FOUNDING FATHERS accomplished when they wrote OUR Constitution and will only hurt OUR Country more than you can imagine in the years to come. All motivation and the voice of the “common individual” will be destroyed, we are now slaves to the Corporate “Persons” (entities). It is part of their Global Corporate plan.

This action of the 5 Fanatical Capitalist Activist Judges is their attempt at fixing the playing field before they lose their hand, and is a result of the election of President Obama as they are sensing the “push back” of Democracy and the “common individual vote” through what is remaining of our balance of power that OUR United States Constitution grants the “common citizen”. The Fanatical Right have figured out that they don’t have to Fix the vote, if they control how we think. (Think Fox Corporation) If they get away with this, Democracy in America is OVER. Thomas Jefferson would be calling for their heads if he was still alive.

ARE we that stupid and cowered to let this happen? You people all need to read “The Shock Doctrine” by Naomi Klein to understand what they are up to. They are going to destroy the very foundation that made this Wonderful Country great. Please WAKE UP before there is nothing left for future generations to push back with except blood.



Roe vs. Wade next?

Roe vs. Wade next?



@Jim, Some points

@Jim, Some points need:

first:

Supreme court Justice should not need anyone to defend them. They're powerful enough to do that themselves.

second: Saying that the FEC's power over freedom of speech is frightening does not make it. FEC has been holding and using this power for decades with nobody complaining except those struck by one of its decisions. And these are not many.

And Third: Sure! The people are not dumb. They know they've been had and that's why so many bonus CEOs are so afraid of them that they have to use soch extreme tactics to get away with their loot. Any other interpretation of this Supreme Court's decision is only an attempt to hide this reality a little more and to buy a little time to devise the next step of this criminal adventure of this very select social club of the very rich



Could someone post photos of

Could someone post photos of these guys?
Should be WANTED posters.
Billboards too.



Even Jim Hightower can't

Even Jim Hightower can't make this sound funny. It's a f*@&!#g tragedy,particularly given the Obama administration's singular mission to preserve any and all fascist, right-wing rules made before, during and after he took office. This new ruling must not only be brought into daylight, it must be countered with massive public outrage, or We the People don't stand a chance at having a government useful to regular Americans.



Tony said some good things.

Tony said some good things. Thomas Jefferson said some good things. No matter what's been said, two things are true. One, bribery has been legalized. The troop of foxes (the Court) has decided that the troop of foxes (the corporations) can "ask" the troop of foxes (the Congress) to decide who should guard the hen house. Of course, the hens could ask the troops to change their nature, their constitution.



The Supreme Court decision

The Supreme Court decision gives new meaning to the phrase "checks and balance".



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