28th amendment – Separation of Corporation and State

Amendment 28 – Separation of Corporation and State

And the Chelseagreen posting

My suggested amendment:

  1. Rights enumerated or reserved under this Constitution shall be accorded only to individuals. No State or the United States, shall make or enforce any law which shall recognize any corporation, partnership, organizational entity or other legal structure of capital as having rights.
  2. Citizenship is restricted to individuals. No State or the United States shall make or enforce any law which shall recognize any corporation, partnership, organizational entity or other legal structure of capital as a citizen.
  3. Any portions of any present or future treaty that include any such recognition that is prohibited by this amendment are null and void.
  4. Foreign citizens and corporations shall have no standing to challenge in any court, this amendment or any law that enforces this amendment.
  5. The Congress shall have the power to prosecute any court cases under this amendment. If the Congress so chooses, the Supreme Court has original jurisdiction.
  6. Congress may choose to try any corporation through the established impeachment procedures. Should a corporation be convicted, the corporation shall no longer be recognized as a legal entity in the United States. Any legal protection provided by the corporation is rendered null and void.
  7. The Congress shall have power to enforce this article by appropriate legislation.

To the readers who say this is too radical, I will point out a few things.

  1. Corporations do have a place in the modern world.
  2. Responsible corporations do exist.
  3. Only human beings and living things suffer truly irreversible harm — a corporation as a convenient legal fiction should not be allowed to permit human beings to willfully and irresponsibly cause permanent harm to others.
  4. It is only when everyone realizes that they may be held personally liable will human beings be truly treated as human beings.
  5. Responsible corporations will rise to the occasion, irresponsible corporations will be punished first in the stock market, then by the courts.

Some Notes:

  1. I single out treaties because treaties ratified by the Senate have the force of law. This is a backdoor mechanism that is used to create new laws without going through the normal democratic process. [Update: there have been numerous cases under NAFTA where foreign companies have sued to get local laws thrown out – under pain of heavy fines. So effectively NAFTA bypassed the will of the people.]
  2. As has been proven by the Bush the lesser administration, laws are meaningless if the executive chooses to ignore them. Congress should have a separate mechanism to enforce this amendment.

[Update: removed some slippery loopholes in original version.]
[Update #2: the reason for the prohibition on foreign nationals/corporations from suing, is because many corporations have decided that it would be best to be foreign rather than U.S. based for tax reasons. Now they would have a reason to come home.]

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