While the proposal to call a convention of the states to limit the federal government’s scope, power, and jurisdiction is well-intentioned, @MarkMeckler, it might not address the root cause of many contemporary governance issues: the undue influence of corporate entities over our political and legal systems. A more targeted and potentially transformative approach would be to convene such a convention with the specific aim of abolishing Corporate Personhood.
Why Abolish Corporate Personhood?
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Undue Legal Privileges: Corporations currently enjoy certain rights under the U.S. Constitution as if they were natural persons, thanks to legal precedents like Santa Clara County v. Southern Pacific Railroad and the more recent Citizens United v. FEC. This grants them protections under the Bill of Rights, particularly the First Amendment, allowing them to influence elections through unlimited political spending, which inherently tilts the political landscape in favor of those with deep financial resources.
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Lack of Accountability: Unlike natural persons, corporations can hide behind the legal fiction of personhood to avoid personal accountability for their actions. They can engage in practices that might harm individuals, communities, or the environment, yet face penalties that are often just a cost of doing business rather than a deterrent.
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Corruption and Influence: The extension of personhood to corporations has significantly contributed to the corruption of our political institutions. Through lobbying, campaign contributions, and revolving door policies where government officials move into corporate roles, corporations exert disproportionate control over legislation and regulation. This dynamic often leads to laws and policies that prioritize corporate profits over public welfare, environmental protection, or social equity, and endanger our civil Liberty
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Governmental Capture: When corporations are treated as persons in law, they can legally challenge government regulations intended to protect citizens or the environment, often successfully, using the very rights meant to safeguard individuals. This has led to a scenario where government agencies, instead of protecting the public from corporate overreach, sometimes act in ways that further corporate interests, thereby undermining democratic processes.
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Democratic Erosion: The influence of corporate money in politics has led to a democracy where policy is shaped more by economic power than by the will of the people. This has resulted in a government that many feel no longer represents the average citizen but rather serves the interests of a corporate elite.
The Proposal
By calling a convention with the explicit goal of amending the Constitution to abolish Corporate Personhood, we could:
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Reclaim Government for the People: Restore the balance of power where the government serves its citizens, not corporate entities, by limiting the legal rights corporations can claim under the Constitution.
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Enhance Accountability: Ensure that when corporations act, they are held accountable in a manner that reflects their non-human status, potentially leading to more stringent regulations and oversight.
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Reduce Corruption: Curtail the ability of corporations to buy political influence, which would help clean up the government and reduce the risk of regulatory capture.
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Promote Fair Elections: By removing the legal basis for unlimited corporate spending in elections, we could work towards a system where political influence is more evenly distributed among citizens, not just those with financial backing.
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Strengthen Democracy: Ultimately, this amendment could reinforce the principle that government exists to serve the people, not to protect or expand corporate power, thereby revitalizing democratic governance.
While limiting the federal government’s reach has merit, the more pressing and foundational issue is the unchecked power of corporations over the government. Abolishing Corporate Personhood would be a critical step toward re-establishing true democratic governance, where the interests of the people are paramount. I touch upon these ideas and countermeasures to address it also, in my draft proposal for a Policy to Establish the Separation of the Corporatocracy and the State