Read

Search form

Mayors' Conference Passes Anti-corporate Personhood Resolution

Mayors' Conference Passes Anti-corporate Personhood Resolution
Fri, 6/29/2012

Last week the U.S. Conference of Mayors unanimously adopted a resolution calling for a U.S. Constitutional Amendment to clarify that corporations are not people and money is not speech.

Portland, Oregon Mayor Sam Adams co-sponsored four resolutions, which were discussed, debated and adopted unanimously. The resolutions ranged from speaking against corporate personhood and reversing Citizens United, to opposing the shipment of radioactive nuclear waste through our cities and towns, and re-establishing the ‘polluter pays’ principle in our environmental laws, as well as confronting the issues of the housing crisis facing our communities with respect to vacant and nuisance houses.

Read the full text of the anti-corporate personhood resolution adopted by the mayors:

ESTABLISH AS A POSITION OF THE UNITED STATES CONFERENCE OF MAYORS THAT CORPORATIONS SHOULD NOT RECEIVE THE SAME LEGAL RIGHTS AS NATURAL PERSONS DO, THAT MONEY IS NOT SPEECH AND THAT INDEPENDENT EXPENDITURES SHOULD BE REGULATED

WHEREAS, the United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings also known as “natural persons”; and

WHEREAS, corporations can and do make important contributions to our society, but the United States Conference of Mayors does not consider them natural persons; and

WHEREAS, the right to free speech is a fundamental freedom and unalienable right and free and fair elections are essential to democracy and effective self-governance; and

WHEREAS, United States Supreme Court Justice Hugo Black in a 1938 opinion stated, "I do not believe the word 'person' in the Fourteenth Amendment includes corporations"; and

WHEREAS, the United States Supreme Court held in Buckley v. Valeo (1976) that the appearance of corruption justified limits on contribution to candidates, but rejected other fundamental interests that the United States Conference of Mayors finds compelling such as creating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard; and

WHEREAS, the United States Supreme Court in Buckley overturned limits on independent expenditures because it found that the corruption or perception of corruption rationale was only applicable to direct contributions to candidates; and, WHEREAS, United States Supreme Court Justice John Paul Stevens observed in Nixon v. Shrink Missouri Government PAC (2000) that “money is property, it is not speech,”; and

WHEREAS, the United States Supreme Court recognized in Austin v. Michigan Chamber of Commerce (1990) the threat to a republican form of government posed by “the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporations political ideas” and upheld limits on independent expenditures by corporations; and

WHEREAS, the United States Supreme Court in Citizens United v. The Federal Election Commission (2010) reversed the decision in Austin, allowing unlimited corporate spending to influence elections, candidate selection, policy decisions and sway votes; and

WHEREAS, prior to Citizens United decision unlimited independent campaign expenditures could be made by individuals and associations, though such committees operated under federal contribution limits; and,

WHEREAS, given that the Citizens United decision “rejected the argument that political speech of corporations or other associations should be treated differently” because the First Amendment “generally prohibits the suppression of political speech based on the speaker’s identity,” there is a need to broaden the corruption rationale for campaign finance reform to facilitate regulation of independent expenditures regardless of the source of the money for this spending, for or against a candidate; and

WHEREAS, a February 2010 Washington Post-ABC News poll found that 80 percent of Americans oppose the U.S. Supreme Court Citizens United ruling; and,

WHEREAS, the opinion of the four dissenting justices in Citizens United noted that corporations have special advantages not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets; and

WHEREAS, corporations are legally required to put profits for shareholders ahead of concerns for the greatest good of society while individual shareholders as natural persons balance their narrow self-interest and broader public interest when making political decisions; and

WHEREAS, addressing both the Citizens United decision, and corporate personhood is necessary; and WHEREAS, the City Councils of Missoula, Montana; Boulder, Colorado; and Madison, Wisconsin have referred the issue of corporate personhood to their communities for advisory vote.

NOW, THEREFORE, BE IT RESOLVED that it is the position of the United States Conference of Mayors that corporations should not receive the same legal rights as individual human beings (also known as “natural persons”) do; and

BE IT FURTHER RESOLVED that the United States Conference of Mayors also determines that the most urgent action needed is to reverse the impacts of United States Supreme Court Citizens United (2010) decision and the door it opens for unlimited independent campaign expenditures by corporations that contributes to the undermining impacts that “corporate personhood” has on free and fair elections and effective self-governance; and

BE IT FURTHER RESOLVED that the United States Conference of Mayors calls on other communities and jurisdictions and organizations like National League of Cities to join with us in this action by passing similar Resolutions.

RESOLUTION ADOPTED JUNE 2012

Add new comment

Sign Up

Article Tabs

Jeremy Corbyn, Labour Party leadership, British politics, outsider politicians, Corbyn supporters

But fears abound that the battle between the leftist Corbyn and his detractors may cause Labour to split into two parties.

corporate tax avoidance, tax shelters, corporate tax breaks, tax havens, tax dodging, corporate tax loopholes

Multinational corporations pay taxes on between just 3.0 and 6.6 percent of the profits they book in tax havens.

Internal Revenue Service, new IRS rules, 501(c)4, partisan political activity, freedom of speech, money in politics, money is not speech, Public Citizen, freedom of advocacy

After Sept. 30, political and civic activists of all ideologies may need to reassess their action plans, as the IRS substantially revises regulations governing the tax-exempt status of political speech by 501(c)(4) organizations.

Wells Fargo, Wells Fargo accounts scam, city bonds,

California, the nation’s largest issuer of municipal bonds, is barring Wells from underwriting state debt and handling its banking transactions after the company admitted to opening millions of bogus customer accounts.

Environmental Protection Agency, fracking, fracking wastewater, Gulf of Mexico, Endangered Species Act, pollution

Environmentalists are warning the agency that its draft plan to continue allowing oil and gas companies to dump unlimited amounts of fracking chemicals and wastewater directly into the Gulf is in violation of federal law.

carbon emissions, Pakistan coal plants, Pakistan coal generation, Pakistan energy policy

On its projected track, Pakistan will generate a total capacity of over 23,000 megawatts of electricity from coal in the next few years to overcome its steep energy requirements.

Posted 6 days 23 hours ago
student loans, student debt, college debt, Student Loan Asset Backed Securities, subprime mortgage securities, collateralized debt, Federal Family Education Loan Program, Student Income Loans, Student Income Loans

A crucial difference between the subprime debt bubble and the student debt bubble is that the properties that comprised subprime mortgage securities served as collateral to the mortgage debt.

Posted 6 days 23 hours ago
Alex Salmond, Scottish National Party, Scottish Independence referendum, indyref, Brexit, Better Together

In light of the Brexit chaos, the broken promises and democratic deficit, it would be easy to think independence is certain – and judging by the movement's energy in Scotland, 2018 could be the year.

Posted 3 days 13 hours ago
DiEM25, austerity policies, Brexit, Lexit, Democracy in Europe Movement, Grexit

Former Greek finance minister Yanis Varoufakis responds to his critics and lays out DiEM25’s plan for resisting within the European Union.

Posted 6 days 23 hours ago
occupy, activism, creative activism, Yemen, #RememberYemen, Saudi Arabia, Wahhabism, Islam, hijab, Abaya, Muslim Extremism, Saudi-led coalition, weapons sales, Chris Murphy, Code Pink, Saudi Kingdom, Yemeni conflict, Bushra al-Fusail, human rights, women’

Bushra al-Fusail is a Yemeni-American who lived under the ongoing airstrikes in Yemen for months before coming, ironically, to the country that makes the destruction of hers possible.

Posted 1 day 22 hours ago
Alex Salmond, Scottish National Party, Scottish Independence referendum, indyref, Brexit, Better Together

In light of the Brexit chaos, the broken promises and democratic deficit, it would be easy to think independence is certain – and judging by the movement's energy in Scotland, 2018 could be the year.

DiEM25, austerity policies, Brexit, Lexit, Democracy in Europe Movement, Grexit

Former Greek finance minister Yanis Varoufakis responds to his critics and lays out DiEM25’s plan for resisting within the European Union.

carbon emissions, runaway climate change, emissions reductions, Carbon Tracker Initiative, Oil Change International, Apache Corporation, Paris climate treaty, Keep It In the Ground, fracking, fossil fuel reserves

The numbers on global warming are even scarier than we thought.

occupy, activism, creative activism, Yemen, #RememberYemen, Saudi Arabia, Wahhabism, Islam, hijab, Abaya, Muslim Extremism, Saudi-led coalition, weapons sales, Chris Murphy, Code Pink, Saudi Kingdom, Yemeni conflict, Bushra al-Fusail, human rights, women’

Bushra al-Fusail is a Yemeni-American who lived under the ongoing airstrikes in Yemen for months before coming, ironically, to the country that makes the destruction of hers possible.

Human Rights Act, Bill of Rights, Teresa May, European Convention on Human Rights, Nicola Sturgeon, Equality and Human Rights Commission, European Court of Human Rights, Brexit, rising racism, xenophobia, racist attacks

The Human Rights Act will be replaced with a so-called British Bill of Rights, a controversial manifesto that was written under the former British Prime Minister David Cameron’s government.