reply to post by David9176
I would first suggest that what you meant by "in practice...it supports freedom of speech.", was that in "theory it supports freedom of speech".
I am presuming this by your very next statement which is: "Now let me tell you what it actually does." What ever it actually does is what is done
in practice.
Your assertion that no man, woman nor UNION, will be able to compete with the money that corporations have only diminishes the actual inherent
political power that each individual holds, and presumes that voters are bought instead of voting their own good conscience. Voters are not paid to
vote, they vote their own best interests.
It is intriguing you mention CHINESE corporations, since China is a communist country with steep controls over its corporations and I wonder if you
have ever heard of "Chinagate" which was the political scandal over campaign finance controversies where it was alleged that the Peoples Republic of
China attempted to influence the political process. This was in 1996 when Section 441b of the BCFR was still in play.
SCOTUS did not rule that corporations have individual rights in the same way natural persons do, it did acknowledge a 14th Amendment right existing,
but that unfortunate Amendment deigns to grant rights where no valid government has the authority to grant rights at all. Rights preexist governments
and can not be granted nor taken away legitimately by any government.
The point of corporations lacking human qualities is moot, and what was ruled was that due to the complexity of the BCFR and 441b, and the nature of
the criminal punishments that came with that law forced actual persons, with blood coursing through their veins, regardless of whether they have
Social Security Numbers or not, (which is another moot point, since possessing a S.S. # is not a prerequisite for enjoying rights), who have or had
both biological fathers and mothers, to petition the government for a ruling on what they could say or not say.
This need to petition, which could only be done by a human, and the insistence that the legislation itself could fine or imprison violators, which
would be actual persons put in prison not the artificial entity of a corporation, was what caused the SCOTUS to rule in the manner they did. It ruled
that this was equivalent to prior restraint and effectively chilled speech which is expressly forbidden by Constitution and Congress can make no laws
abridging speech.
Am I afraid of big government? I despise big government and am currently faced with a government too big as it is. How did the BCFR protect me from
big government?
The SCOTUS spoke directly to the idea of foreign corporations having the same right as domestic corporations and while it made no ruling on whether
they did or not, they did rule that Congress erred in attempting to regulate the speech of all corporations instead of regulating solely foreign
corporations. It was because Congress sought to expand the scope of their jurisdiction and do what they were expressly forbidden from doing that
SCOTUS rebuked them and 441b and struck down this law as unconstitutional. Had Congress left domestic corporations alone and merely attempted to
chill the effects of political speech made by foreign corporations, then this ruling would not have even happened, since Citizens United is a domestic
corporation and not a foreign one.
I am unclear why you think immigration laws will change because of this, and you would have to speak more specifically to what you mean by that
question before I could respond intelligently. However, your question asking if I think democracy will be saved by this ruling, I can answer. I am
not concerned with saving democracy and deeply concerned with saving the republic for which it stands.
Thus, the answer you provide offers me nothing in the way of any explanation or illumination of the consequences of this ruling. You offer up
reactionary claims intended to scare people by insisting that minimum wage laws will disappear, benefits will disappear, tariffs on imports
disappearing, and businesses facing extinction, as well as any law benefiting individuals facing extinction as well.
As to your assertions that minimum wage will disappear, I would suggest to you that no one can feasibly survive on minimum wage as it exists today and
every person would be well advised to negotiate a better deal in exchange for their labor or services than the paltry amount of minimum wage.
The same goes for benefits, and I respectfully submit that each individual has the right to negotiate their own benefit package as form of
compensation for labor or services and no legislation is required to make these kind of contracts with business owners.
As to your assertions on tariffs, this a matter of taxation and some tariffs are good and benefit the public and others are bad and do great damage to
economies. As Chief Justice Marshall famously said in the seminal ruling of McCulloch v. Maryland; "the power to tax is the power to destroy.", and
any tariffs that are destroying vital businesses that are essential to a strong economy should be tariff's that disappear.
All laws can do to benefit individuals is act in a negative sense as all they can do is punish those who have abrogated and derogated the rights of an
individual or more, and in doing so created an absence of justice. The laws can only hope to put justice back in through punishing those who took it
away. Any other form of legislation that purports to "benefit" individuals, usually comes in the form of "legal plunder" and plunder is plunder
regardless of the legislation that backs it.
If you as an individual continually opt out of doing business with small local businesses in order to do business with corporations this will help
contribute to the extinction of any small business. You have the choice to support your small local businesses and the ruling of Citizens United did
nothing to remove this choice.
As to more dangerous products being sold, there is plenty of evidence to support that dangerous products are sold regularly in spite of the numerous
administrative agencies that exist to regulate the safety of products.
The bailout of the "Wall Street" corporations that you refer to happened in blatant disregard to the well established anti-trust laws in place and
also happened before the ruling in question.
Claiming that the premise of relying upon the 1st Amendment to rebuke Congress for its blatant usurpation of power, and striking down a law repugnant
to the Constitution only serves to undermine the meaning and intent of the 1st Amendment. That Amendment makes no distinction as to who or what has
the right of speech, it instead prohibits Congress from making any laws abridging speech.