[lbo-talk] Bernie Sander's "saving democracy" amendment

J Cullen jcullen at austin.rr.com
Sun Feb 5 11:17:46 PST 2012


I think part of the idea behind the "abolishing corporate personhood" movement is that it is useful for organizing the left, in the same way that "overturning Roe v. Wade" and the "balanced budget amendment" have proven very useful for organizing the right. But it does like like Sen. Sanders and his friends have put some thought into what such an amendment actually should contain -- not that progressives have a chance in Hell of passing it anytime in the foreseeable future.


>I've been pretty much convinced by Seth and Doug and others that
>"abolishing corporate personhood" is a half baked idea that does
>both too little and too much. So when I saw a recent Facebook meme
>asking people to sign up to Bernie Sander's proposed constitutional
>amendment, I expected find the usual problems. But on close
>inspection, it looks extremely canny. In short, it seems to use the
>momentum of this popular war cry to put through the real changes
>we'd like to put through.
>
>Here's the short summary of its points, which first caught my attention:
>
>http://www.sanders.senate.gov/petition/?uid=f1c2660f-54b9-4193-86a4-ec2c39342c6c
>
>Note point 4: "Congress and states have the power to regulate campaign
>finances." After 3 points banging the gong about corporations, that
>one says nothing about corporations. It's much broader and
>conceivably covers everything you'd want to regulate. Including
>specifically the donations of rich people who wouldn't be covered by
>the abolition of corporate personhood. This is essentially the
>"money isn't speech" amendment without making a big deal about it.
>
>That leaves two other problems: that corporations are a valuable form
>we don't want to abolish; and that allowing the restriction of
>corporate rights opens the door to state restriction of the rights of
>non-profit corporations like Planned Parenthood or Amnesty
>International.
>
>But if you look at the full text, both seem quietly and concisely
>taken care of in the first paragraph:
>
>http://www.sanders.senate.gov/imo/media/doc/Saving-American-Democracy.pdf
>
>Corporate personhood is not abolished. Rather the more subtle and
>more useful distinction is made that they simply don't have the same
>rights as natural persons. (And hence that the bill of rights doesn't
>automatically apply to them -- only those portions we decide apply
>justified by usefulness to society.)
>
>As for the Planned Parenthood objection, this same paragraph makes
>clear that this entire amendment only applies to for-profit corporations
>-- and for that matter, to all profit making entities, whether
>corporate or not.
>
>In sum, it seems sound to me, as well as canny in the way harnesses
>the wave rather than fighting it. And in the end it seems to go
>pretty far in extending the rights of government to regulate
>business in general, not just in re campaigns. Is there something
>I'm missing?
>
>Michael
>
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