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Democracy
or 'corporatocracy'?
It's time once again for
the people
to rewrite the rules
By Lisa
Rayner - Tea Party Publisher
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"I
hope that we shall crush in its birth the aristocracy
of our monied corporations,
which dare already to challenge our government to a
trial of strength,
and bid defiance to the laws of our country." -
Thomas Jefferson, 1816 |
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Do
you believe in democracy? "Democracy" means
"the people rule." And rule fairly, with power
shared equitably. Democracy decentralizes power among all
citizens. One person, one vote. Not "one dollar, one
vote." Not "one corporation, one vote." The
people rule.
Our
democracy is undermined when:
The
centrally planned economies of chain stores force
independently owned stores out of business, often by
engaging in predatory business practices. Corporations have
forced a series of changes in anti-trust laws, allowing
themselves to become ever bigger and more powerful.
Corporations
pit communities against one another to compete for jobs,
forcing communities to subsidize land, infrastructure,
utilities and sometimes wages, and to relax environmental
and health laws.
A
few large corporations are allowed to amass private fortunes
by extracting the real wealth of our public lands through
archaic laws like the 1872 mining law.
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Our
local cultural and biological diversity are
steam-rolled into a single, boring "anywhere,
U.S.A." monoculture landscape through
advertising-based consumer culture. Corporate
influence dominates the mainstream media.
A
few corporations have a near monopoly over most of the
newspapers and radio stations in Flagstaff.
Corporations lobbied hard to pass the 1996
telecommunications act that allowed companies to amass
larger holdings. The weakening of anti-trust laws
allows corporations like Pulitzer, Inc. to buy up
larger numbers of independently owned newspapers. |
Political
candidates stock up on contributions from corporations and
wealthy individuals and then enact most of the policies
these contributors desire. In 1976, corporate free speech
was redefined so as to include campaign contributions and
advertising.
Many
workers in Flagstaff earn less than a living wage in our
"robust" economy. Corporations lobby Congress to
prevent raises in the minimum wage. Their domination of the
marketplace often gives workers no alternatives.
Citizens
must chip away at corporate wrongdoing one toxic waste dump,
one clear-cut forest at a time. Corporations have arranged
our nation's laws so that they are rarely prosecuted in
criminal court. That is why citizen damage awards are so
important - civil cases are usually the public's only way to
fight against corporate wrongdoing.
Why
does excessive corporate power routinely trump citizen
desires?
In
1886, the U.S. Supreme Court handed down a decision that
would make a mockery of the central democratic principle of
one person, one vote, and invert the Bill of Rights. In
Santa Clara County vs. Southern Pacific Railroad, a dispute
over a railroad route, a private corporation was classified
as a "natural person" under the 14th Amendment,
and therefore entitled to protection under the Bill of
Rights. The 14th Amendment was originally passed to make
African Americans full citizens of the United States after
slavery was abolished.
As
"natural persons," corporations have the right of
free speech and cannot "be deprived of life, liberty,
or property, without due process of law." Of course,
corporations have far more power, money and influence than
individual human beings, making their "votes"
count for far more than those of citizens. One dollar, one
vote is the law of the land, giving those with more dollars
a greater say in governmental affairs.
It
wasn't always this way. The first English corporations, like
the British East India Company, were chartered for very
specific purposes that included serving the common good.
When the American colonists became concerned that the
British East India Company was not serving their interests,
they rebelled with the Boston Tea Party on Dec. 16, 1773.
Many historians say that the American Revolution was in
large part against British corporations, in addition to the
British monarchy.
For
decades after the Revolution, Americans held the power of
corporations in check. Corporations could only be chartered
for limited periods of time. Charters had to serve the
public interest. Owners and managers were held personally
liable for criminal wrongdoing. Corporations were not
allowed to participate in the political process. One
corporation could not buy another corporation or even own
stock in another corporation. To ensure local control and
input, a corporation's stockholders were required to be from
the state where it did its business.
And
most severely, corporations could be dissolved at any time
if a company violated its charter - a corporate "death
penalty." This action was taken by states and the
federal government numerous times. For example, in 1832,
Pennsylvania revoked the charters of 10 banks and President
Andrew Jackson vetoed extending the charter of another for
harming the public interest.
How
times have changed. During the tumultuous years of the Civil
War and Reconstruction, corporations used the resulting
chaos to chip away at corporate law, case by case, until
Santa Clara County vs. Southern Pacific Railroad. Abraham
Lincoln warned, "Corporations have been enthroned. ...
An era of corruption in high places will follow and the
money power will endeavor to prolong its reign by working on
the prejudices of the people ... until wealth is aggregated
in a few hands ... and the republic is destroyed."
Today
the World Trade Organization has brought corporate
aristocracy or "coporatocracy" to the global
level. Through the WTO, corporations have the right to
challenge democratically created national, state and local
laws that stand in the way of profits. Tribunals are
conducted in secret, with no public participation.
Documents, hearings and briefs are confidential. Three
non-elected trade bureaucrats decide cases. There are no
conflict-of-interest regulations governing who may be
appointed to this panel. Since the WTO was created in 1995,
every single public health, human rights or environmental
law reviewed by the WTO has been ruled an illegal
"barrier to trade."
Soon
after the WTO was created, corporations attempted to further
broaden the scope of their global rule with the Multilateral
Agreement on Investment. The MAI would have overruled all
"nonconforming" laws and allowed any corporation
anywhere in the world to directly sue any city, state or
national government in countries that belong to the WTO for
"noncompliance." It would give corporations free
reign to buy, sell and move their financial and physical
assets anywhere in the world without public recourse. In
1998, popular global grassroots opposition forced suspension
of MAI trade talks, but corporations no doubt will attempt
to resurrect it.
A
growing number of citizens are working to reinstate
corporate accountability by amending state constitutions,
corporate codes, charter revocation laws and other laws
governing corporations. Campaign finance reform is also an
absolute necessity. The ultimate solution is to overturn the
Supreme Court ruling that corporations are "natural
persons."
Democracy
Unlimited of Humboldt County, Calif. is working to dismantle
corporate rule across California and southwest Oregon. DUHC
is one of nearly 150 organizations that have petitioned the
Attorney General of California to initiate charter
revocation proceedings against petroleum giant Unocal
because of what they believe to be its "egregious
record on the environment, labor, human rights, usurpation
of political power, and deception." Other charter
revocation targets around the country include tobacco and
automobile companies.
Citizen
ballot initiatives are another way to enact the needed
changes. Citizens Concerned About Corporations, a sister
group of DUHC, runs ballot initiatives that challenge
corporate rule in a number of ways.
One
year ago, on Nov. 30, I was one of 40,000 people who
converged on Seattle to protest an international meeting of
the World Trade Organization. The protests against
undemocratic global corporate rule continued throughout 2000
during the International Monetary Fund / World Bank meeting
in Prague, the Czech Republic; the G8 economic summit in
Sydney, Australia; and other locations. Our newly elected
President (whoever he may be) is an ardent supporter of the
WTO and other forms of undemocratic economic globalization.
He needs to be frequently reminded by American citizens that
we will not stand for the erosion of democracy around the
world.
Here
in Flagstaff, the End Corporate Dominance Coalition is
working to dismantle local corporate rule in a number of
ways. There is a campaign to stop a Super Wal-Mart from
being added to the proposed Flagstaff Mall expansion. The
FAN-tastic local business campaign is working to strengthen
local businesses in the face of corporate domination. Though
these are commendable efforts, I would also like to see a
local group working to change corporate law and to make the
revocation of corporate
charters easier.
An
11-year resident of Flagstaff, Lisa Rayner holds an
Interpretation of Natural Resources degree from Northern
Arizona University. She is a master gardener and
permaculture consultant. She is also the author of Growing
Food in the Southwest Mountains.
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