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Corporations. Once our servants now our masters.

Foxhound BN0 2012/06/15 14:00:23
When American colonists declared independence from England in 1776, they also freed themselves from control by English corporations that extracted their wealth and dominated trade.

After fighting a revolution to end this exploitation, our country's founders retained a healthy fear of corporate power and wisely limited corporations exclusively to a business role. Corporations were forbidden from attempting to influence elections, public policy, and other realms of civic society.

Initially, the privilege of incorporation was granted selectively to enable activities that benefited the public, such as construction of roads or canals. Enabling shareholders to profit was seen as a means to that end.

The states also imposed conditions (some of which remain on the books, though unused) like these:

* Corporate charters (licenses to exist) were granted for a limited time and could be revoked promptly for violating laws.

* Corporations could engage only in activities necessary to fulfill their chartered purpose.

* Corporations could not own stock in other corporations nor own any property that was not essential to fulfilling their chartered purpose.

* Corporations were often terminated if they exceeded their authority or caused public harm.

* Owners and managers were responsible for criminal acts committed on the job.

* Corporations could not make any political or charitable contributions nor spend money to influence law-making.

For 100 years after the American Revolution, legislators maintained tight controll of the corporate chartering process. Because of widespread public opposition, early legislators granted very few corporate charters, and only after debate. Citizens governed corporations by detailing operating conditions not just in charters but also in state constitutions and state laws. Incorporated businesses were prohibited from taking any action that legislators did not specifically allow.

States also limited corporate charters to a set number of years. Unless a legislature renewed an expiring charter, the corporation was dissolved and its assets were divided among shareholders. Citizen authority clauses limited capitalization, debts, land holdings, and sometimes, even profits. They required a company's accounting books to be turned over to a legislature upon request. The power of large shareholders was limited by scaled voting, so that large and small investors had equal voting rights. Interlocking directorates were outlawed. Shareholders had the right to remove directors at will.

In Europe, charters protected directors and stockholders from liability for debts and harms caused by their corporations. American legislators explicitly rejected this corporate shield. The penalty for abuse or misuse of the charter was not a plea bargain and a fine, but dissolution of the corporation.

In 1819 the U.S. Supreme Court tried to strip states of this sovereign right by overruling a lower court's decision that allowed New Hampshire to revoke a charter granted to Dartmouth College by King George III. The Court claimed that since the charter contained no revocation clause, it could not be withdrawn. The Supreme Court's attack on state sovereignty outraged citizens. Laws were written or re-written and new state constitutional amendments passed to circumvent the Dartmouth ruling. Over several decades starting in 1844, nineteen states amended their constitutions to make corporate charters subject to alteration or revocation by their legislatures. As late as 1855 it seemed that the Supreme Court had gotten the people's message when in Dodge v. Woolsey it reaffirmed state's powers over "artificial bodies."

But the men running corporations pressed on. Contests over charter were battles to control labor, resources, community rights, and political sovereignty. More and more frequently, corporations were abusing their charters to become conglomerates and trusts. They converted the nation's resources and treasures into private fortunes, creating factory systems and company towns. Political power began flowing to absentee owners, rather than community-rooted enterprises.

The industrial age forced a nation of farmers to become wage earners, and they became fearful of unemployment--a new fear that corporations quickly learned to exploit. Company towns arose. and blacklists of labor organizers and workers who spoke up for their rights became common. When workers began to organize, industrialists and bankers hired private armies to keep them in line. They bought newspapers to paint businessmen as heroes and shape public opinion. Corporations bought state legislators, then announced legislators were corrupt and said that they used too much of the public's resources to scrutinize every charter application and corporate operation.

Government spending during the Civil War brought these corporations fantastic wealth. Corporate executives paid "borers" to infest Congress and state capitals, bribing elected and appointed officials alike. They pried loose an avalanche of government financial largesse. During this time, legislators were persuaded to give corporations limited liability, decreased citizen authority over them, and extended durations of charters. Attempts were made to keep strong charter laws in place, but with the courts applying legal doctrines that made protection of corporations and corporate property the center of constitutional law, citizen sovereignty was undermined. As corporations grew stronger, government and the courts became easier prey. They freely reinterpreted the U.S. Constitution and transformed common law doctrines.

One of the most severe blows to citizen authority arose out of the 1886 Supreme Court case of Santa Clara County v. Southern Pacific Railroad. Though the court did not make a ruling on the question of "corporate personhood," thanks to misleading notes of a clerk, the decision subsequently was used as precedent to hold that a corporation was a "natural person."
From that point on, the 14th Amendment, enacted to protect rights of freed slaves, was used routinely to grant corporations constitutional "personhood." Justices have since struck down hundreds of local, state and federal laws enacted to protect people from corporate harm based on this illegitimate premise. Armed with these "rights," corporations increased control over resources, jobs, commerce, politicians, even judges and the law.

A United States Congressional committee concluded in 1941, "The principal instrument of the concentration of economic power and wealth has been the corporate charter with unlimited power...."

Many U.S.-based corporations are now transnational, but the corrupted charter remains the legal basis for their existence. At ReclaimDemocracy.org, we believe citizens can reassert the convictions of our nation's founders who struggled successfully to free us from corporate rule in the past. These changes must occur at the most fundamental level -- the U.S. Constitution.

Thanks to our friends at the Program on Corporations, Law and Democracy (POCLAD) for their permission to use excerpts of their research for this article.
Please visit our Corporate Personhood page for a huge library of articles exploring this topic more deeply. You might also be interested to read our proposed Constitutional Amendments to revoke illegitimate corporate power, erode the power of money over elections, and establish an affirmative constitutional right to vote.
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Top Opinion

  • luvguins 2012/06/15 14:27:36
    luvguins
    +9
    If the GOP ever gets total power this country will become a fascist corporate dictatorship, and a return to the Gilded Age of 1896 with robber barons in charge, and serfdom for any people under them. Robber barons

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  • Amy Lynn 2012/07/02 07:02:18
    Amy Lynn
    +2
    Once our servants now our masters. I don't think it's just corporations. My reply is this picture I saw the other day. knowledge  revolution  occupy  Michigan  GI joe
  • Kozmo Amy Lynn 2012/07/03 19:49:15
    Kozmo
    +1
    Saw a similar sign in the background of a RoboCop TV series:

    Don't Forget What You Already Know

    backward compatibility is wiser than foolish.
  • Stormy 2012/06/27 02:06:54
    Stormy
    +3
    Giant corporations rule the day. Red team or blue team, they rule the day. Corporate money should be removed from politics. Elected representatives should be sacked for taking bribes from big business. They are there to represent the interests of the people, not the interests of Big Business. Elections should be publicly funded, politicians should not be able to bombard electorates with attack adds on TV for months. A democracy should not be tainted with billions of dollars of corporate bribes. It should not cost 2 billion dollars to run a presidential campaign. It's time the people took back the power and got rid of this money driven corporatocracy . Otherwise it's neo- feudalism here we come.
  • Foxhoun... Stormy 2012/06/27 12:32:36
  • Stormy Foxhoun... 2012/07/05 05:07:46
    Stormy
    +2
    Thanks Foxhound !
  • bobby 2012/06/21 19:40:34
    bobby
    +2
    Excellent article. So that is where all the communities went, with their independent stores and people looking out for each other. Turns out that it does not suit the corporate agenda to have us helping ourselves, when we could be paying them for the service.
  • Roger 2012/06/18 16:52:31
    Roger
    1.no coparations=no jobs
    2.they are doing you a favor of hiring you
    3.WHAT ARE YOU TALKING ABOUT??? if you don't like a joba start your own bussnies or find a new one
    4This is communist propaganda
  • Bilingu... Roger 2012/06/18 18:26:28
    Bilingual required sucks
    +3
    What are you talking about? Corporations are taking the jobs overseas anyway....DUH
  • Roger Bilingu... 2012/06/18 22:46:10
    Roger
    Actually corporations aren't to blame. I understand how people get this confused though. It is really the goverment you see they increase regulations and harras the owners of the corporations. They then try to tax the living hell out of them. Most people don't know this but america under obama has the highest corparte tax rate in the world! If you won't jobs get rid of the dumbocrats come november.
  • Bilingu... Roger 2012/06/18 22:54:13
  • Roger Bilingu... 2012/06/18 23:28:29
    Roger
    Actually they don't pay them 12cents a hour they get more like 3.25 in fact it is going up to near our minnum wage. There is no reason to get upset I am only trying to have a conversation. Also have you ever owned a company? Or at least had a high paying job like 100k per yr and up? If so you would proably find what I am saying to be true.
  • Bilingu... Roger 2012/06/18 23:59:07 (edited)
    Bilingual required sucks
    +1
    Where did you pull that $3.25 figure from? Do you have something to post that shows that is a FACT?

    Feel free to post it please. Only an idiot believes corporations in third world countries pay people US $3.25 an hour.

    Here is an article that shows the typical wages apparel workers make in various countries around the world.
    http://www.independent.org/pu...
  • Roger Bilingu... 2012/06/19 15:53:57
    Roger
    Actually I was wrong they make $100 to $200 a month as minimum wage.
    http://www.cbc.ca/news/world/...

    Please take note that china is turning into a 1st world country and that things there are much cheaper because they are manufactured there and the is no cost to ship it.
  • Bilingu... Roger 2012/06/19 16:08:53 (edited)
    Bilingual required sucks
    +1
    What the hell does that have to do with corporations selling out our country and shipping jobs overseas, because of greed?
    Even engineering, and other higher education tech jobs are going to China. That is why we have so many college grads working at Starbucks, all because of corporate scummy greed. They just do not want to pay an engineer grad here $60,000 a year, when they can pay 1/2 that in china, with no benefits
  • Roger Bilingu... 2012/06/19 16:18:16
    Roger
    If it was not for the goverment we would have more factories. Then you said that it was becuase it is cheaper to manfacture goods in china so then I showed you that wages are rising. They are working at starbucks becuase people like you fail to see that this socialist ideas that obama has are not working so you keep putting that trash in there. Now corpartions are just hanging in on america becuase mabye people like you don't want to belive this but they are americans and love america that is why they are putting up with such nonsense in hopes that people like you will wake up and vote these scum out of the goverment. If not they will ditch this place faster than you can blink. What you are describing is the affects of a deppression severe under and unemployment I will bet you my life that if these dumbs are thrown out come november you will see more jobs appear. The one thing these idiots don't understand is that in today's times the private sector can just get up and leave and I am sure the chinese would love to have our money and our jobs but if you want them back throw these democrats out of office.
  • Bilingu... Roger 2012/06/19 19:03:16 (edited)
    Bilingual required sucks
    +2
    Wow Germany and Switzerland are Socialist and they are doing great, and they have lower unemployment than here. You are just totally wrong about socialism.

    I'm sure your preacher tells you all kinds of things on Sundays, that voting Democrat is evil etc etc. I know those types of preachers exist all over the South. Maybe you need to be a little older than 21, before you can give a reasonable opinion on world economics.
  • Roger Bilingu... 2012/06/19 20:46:05
    Roger
    Germnay quit socialism in the 1940's-_- Switzerland is doing fine because it just turned socialist-_-. The rest of europe is collapsing,and your tellming me that socialism realyy works. Mabye you should think for yourself instead of regurgitating this leftus line of bull.
  • Bilingu... Roger 2012/06/19 22:50:35 (edited)
  • Roger Bilingu... 2012/06/20 00:11:57
    Roger
    NATIONAL SOCIALISM that was hitler's party thats what he belived in. In switzerland was one of the most capitalist countries in the world. Yet they decided to change the fact that they didn't want to allow private bank accounts in sense of the fact that before you could have a ccount there and the swiss goverment would not tell any other goverments that you had it there allowing for tax evasions and law suit evasions. Mabye you should think for yourself instead of having your econmics teacher think for you
  • Bilingu... Roger 2012/06/20 00:16:25
    Bilingual required sucks
    +4
    National Socialism was facism. It has nothing to do with European Socialism today.
    Germany today practices Democratic Socialism as do all other European countries.
  • Roger Bilingu... 2012/06/20 00:27:20
    Roger
    Please take notice that europe is in finacial collapse except for germany and other capitalist countries. Now I think I know were you are getting confused you see germany may have national healthcare and all that however if a company wants to fire workers it can without interfernce from unions and the goverment. Germans also have a histroy of trying to make everything to the best of there ability. Greece has more workers for the goverment than the private sector and that is full of unions which makes it hard to get rid of the incomptents. America on the other hand would take obama as a socialist becuase of our constitution. National Healthcare is simply to much of a expense and the way obama is trying to enforce it mskes him a socialist. Now if it were states enforcing national healthcare that would be legall and would be on the state goverments bill not the nations. The NDAA bill also trying to be enforced by the feds is just flat right out unconstitutional voids the 4th and 5th admendment. That is what makes a socialist and that is why he NEEDS to be removed from office. Germany dosen't have this in there constitution ( or at least I think it dosen't I don't speak german so I wouldn't know )
  • Bilingu... Roger 2012/06/20 00:32:01
    Bilingual required sucks
    +1
    Im done with you...you're retarded
  • Roger Bilingu... 2012/06/20 02:06:24
    Roger
    Ant the name calling begins. Typical liberal
  • Bilingu... Roger 2012/06/20 10:46:50
  • Roger Bilingu... 2012/06/20 15:13:34
    Roger
    You are completly brainwashed. Do you even know what capitalism is?If you think socialism works move to greece,spain,france etc and tell me how you like it. Age has nothing to do with it buddy.
  • Bilingu... Roger 2012/06/20 17:43:22 (edited)
  • Roger Bilingu... 2012/06/20 20:27:30
  • Bilingu... Roger 2012/06/20 22:02:57 (edited)
    Bilingual required sucks
    +3
    The recession was caused by the administration of George W. Bush kiddo. Ask anyone. No oversight of Wall Street, 2 wars while tax cuts raged supreme. Of course the recession was caused by Republicans. Is that anything new? NO. The economic downturn during the FIRST Bush led to him not being re-elected.
    Herbert Hoover (R) was president during the Great Depression. Open your EYES MAN! Republican economic policies HAVE ALWAYS caused economic crisis.
    Don't be ridiculous about "Republicans went all over the world telling people what to do" then I KNOW for a FACT that you have no idea about how economics work.
    SOCIALISM IS WORKING RIGHT NOW IN EUROPE AND CANADA MAN! YOU OPEN YOUR EYES!
  • Roger Bilingu... 2012/06/21 01:43:38
    Roger
    FDR caused it dippy his intrusion into the private sector caused it to collapse. The bottom was at 1933 we got out of it because of ww2. EUROPE IS COLLAPSING AND CANADA HAS BACKED AWAY FROM SOCIALISM. GEORGE W???? HAVE YOU NEVER HEARD OF THE BUSINESS CYCLE????? COME ON
  • Bilingu... Roger 2012/06/21 02:14:39
    Bilingual required sucks
    +1
    ROFL....So that is how you Republicans do it...just re-write history. Whatever dude, you cannot even write anything factual, you have to resort to lying? This is pointless.
  • Roger Bilingu... 2012/06/21 14:59:29
    Roger
    You have no understanding of econmics do you. Move to North Korea or Cuba but the rest of the people in the U.S. would perfer to remain free. You say the truth is a lie and that lies are the truth because you proably would like to rely on the goverment
  • Bilingu... Roger 2012/06/21 17:15:16
  • Roger Bilingu... 2012/06/21 17:23:29
    Roger
    You just don't want to admit the truth do you? If Roosevelt didn't cause it why the hell was the market recovering than when MR GOVERMENT comes in it collapses again and bottoms in 1933. You really are the typical democrat as soon as you run out of lies you try to make it look like I am lieing and then spew names and expletives. Congrats
  • Bilingu... Roger 2012/06/21 17:31:34
  • Roger Bilingu... 2012/06/21 17:35:05
  • Bilingu... Roger 2012/06/21 17:37:59
    Bilingual required sucks
    Dude you can't even SPELL. It's
    "You are beyond belief"

    When I say you're dumb, you say I'm calling you names (whine whine whine) but you keep proving it, every time you try to write something.
  • Roger Bilingu... 2012/06/21 17:40:32
    Roger
    Omg I spell one thing wrong. I am sorry that I type a little to fast and after a entire conversation I spell one word wrong. You say that I am proving that I am stupid however you can't even conduct your self in a conversation without expletives.
  • Bilingu... Roger 2012/06/21 17:43:02
  • Roger Bilingu... 2012/06/21 17:44:24
    Roger
    Because you don't want to admit the truth you want to live in la la land
  • Bilingu... Roger 2012/06/21 17:49:02 (edited)
    Bilingual required sucks
    +1
    Just go drink some Jack Daniels and screw the sheep, sleep with your sister, fire guns in the air or whatever keeps you people happy down there, and leave me alone...huh?

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