2016 Postmortem
In reply to the discussion: Who would pick the BEST Supreme Court Justices? Bernie Or Hill ? [View all]cascadiance
(19,537 posts)I'm saying that there are LEGISLATIVE ways to fix the problems you are citing with the NAACP. I've not studied that case, but the whole point behind the way our founders wrote the constitution to delineate the difference between artificial and natural persons was to ensure that the former we as natural persons have the power to regulate and write legislation managing that. The latter is that we as natural persons (aka HUMAN BEINGS!!!) have inherent rights guaranteed to us that can't have those rights taken away from us. If we give the latter to organizations and corporations, then we are throwing away our rights relative to these groups. You are right! We can't have it both ways! Organizations cANNOT logically or legally be considered the equivalent of human beings. To say they are is falling in to line with the CORPORATIST CRAP that has been spoon fed to both Republicans and corporate Democrats (aka DLC and Third Way sycophants) to serve the growing fascist oligarchy. Sorry, but there are some of us that just won't suck up that warped reasoning.
If there were problems in addressing this case, and I'll look at it later when I have more time, then fix it legislatively the way it should be! And I don't want to hear that we have to resort to warping the constitution because a majority Republican congress getting in the way. The reason why we have that more corporate driven Republican congress is that we had corporate personhood fuel the Citizen's United decision along with right wing justices on the Supreme Court that you seem to want to agree with that used that judicial activist law enacted by an F'ing corrupt court clerk's head note, to put that crap in place. Another reason why we need a constitutional amendment to fix this corporate personhood problem and the language of the 14th amendment to be true to what its original authors had intended, and not warped the way corporate lobbyists have done over the years.
And mind you, I've warned folks here that there are other pieces that need to be also taken in to consideration when drafting this amendment too, and that is the potential effect of the modern day interpretation of the 5th amendment and our rights of privacy, which isn't up to date with the needs of the digital age now. If companies like google and facebook throw up their hands and say that since they no longer "own" the privacy of OUR data on their servers, then the can't stop the government from mining every piece of info on their machines. In my book, we should be using copyright law that has been used to serve the interests of corporate america as precedent to say that we ourselves can own the privacy of the data on google's and facebook's servers virtuatlly in the same fashion that copyright owners own the rights to songs that people download on to their home computers. Overturning corporate personhood isn't going to be a simple process, but it is a process that is absolutely necessary if we're going to preserve the rights of everyone in this democracy that our founders had intended us to have. You may want to work around the beliefs and work of our founders, but I don't.