Corporations Are Not People

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Corporations Are Not People Page 25

by Jeffrey D. Clements


  New England Legal Foundation, 24

  New Jersey, B corporations and, 157

  New Rules Project, 180

  New Voice of Business, 180

  New York State, 25, 31-32, 58-59, 103

  New York State Liquor Authority, 32

  New Zealand, rBST and, 40

  Newman, Nell, 110

  News Corporation, 76, 130

  Nickles, Don, 93

  Nike, 83, 137-138, 139-140

  Nixon, Richard, 22, 74, 98

  North Carolina, election funding in, 160

  Northeastern Legal Foundation, 24

  Northrop Grumman Corporation, 27, 172

  O

  Obama, Barack, 13, 90, 94, 99

  O’Connor, Sandra Day, 10, 17, 75, 141, 196n6

  OPEC, 98, 99

  OSHA, 136

  Ostrolenk, Michael, 151

  outsourcing, job, 3, 116, 123, 131, 139

  P

  Pacific Gas & Electric (PG&E), 83, 103

  Pacific Legal Foundation, 24

  Pakistan, 97

  Patagonia, 109

  Patriot Coal, 100

  Peabody Energy, 100

  Pell Grants, 53

  People for the American Way, 150, 179

  People’s Rights Amendment, 5, 136, 149-154, 159, 163, 165-168

  Bill of Rights and, 146, 148-149, 152, 170-171, 176, 182

  corporate business operations and, 169-170

  frequently asked questions about, 169-177

  Pew Research, 29

  Pfizer, 79, 132

  Pharmaceutical Research and Manufacturers of America (PhRMA), 27, 93, 94

  Philip Morris Inc., 11, 19, 20, 21, 23, 26, 33

  Philippines, 102

  Pierce, Olga, 93

  Pierson, Paul, 201n29

  political action committees (PACs), 85, 179

  Posilac, 40-45

  Potter, Wendell, 95-96

  Powell, Lewis

  and activist courts, 17-22

  background of, 17-18, 19-22, 190n12

  Chamber of Commerce memo by, 17-18, 21, 22, 23, 191n17

  corporate personhood and, 34, 58-59, 73

  corporate spending and, 103, 118

  deregulation and, 103, 117

  legacy of, 78, 134, 163

  as Supreme Court justice, 22, 24-26, 190n12

  Pratt & Whitney, 90

  Prince Waleed bin Talal, 130

  Procter & Gamble, 118-119

  Program on Corporations, Law, and Democracy, 180

  Public Citizen, 89, 150, 179, 181

  public funding, elections and, 5, 147, 160-161

  R

  R. J. Reynolds, 193n10

  Randall, Dexter, 40-41, 44, 45

  Raskin, Jamie, 145

  rBST, 40-45

  Reagan, Ronald, 21, 98

  Reclaim Democracy, 179

  Reed v. Reed, 46

  referendum elections, 24, 25, 58, 74, 118

  Rehnquist, William, 10, 22, 23, 67, 74-75, 128-129, 196nn4-5

  Reich, Robert, 94

  replacement smokers, 21, 34-35

  Republicans, 13, 24, 72, 149

  research polls, 13, 29-30, 199n3

  Resource Recovery Act, 15

  Roberts, John, 10, 75

  Roosevelt, Franklin, 14, 72, 76

  Roosevelt, Theodore, 12, 14, 71, 72, 114, 145, 198n34

  Rubin, Robert, 123, 124

  Rubin v. Coors Brewing Company, 59-60, 196n8

  Russia, 110

  S

  Safe Drinking Water Act, 15

  Santa Clara County v. Southern Pacific Railroad Co., 68-69, 72-73, 197n21

  Saudi Arabia, 97, 130

  schools, corporate advertising in, 34-36, 48-52

  Scotland, 102

  Scully, Thomas, 93

  Second Bank of the United States, 15

  Securities and Exchange Commission (SEC), 158-159, 184

  SEIU, 85, 86

  Senate Banking Committee, 124

  Seventeenth Amendment, 152

  shareholders

  corporate accountability and, 154, 158-159

  limited liability and, 62-63

  of multinational corporations, 130-131

  rights of, 77, 159, 171, 174-175, 177

  Silby, Wayne, 110

  Singapore, 130

  Slow Money, 180

  Social Security, 88

  Social Venture Network, 180

  South Korea, 59

  Southeastern Legal Foundation, 24

  Southern Pacific Railroad Company, 68-69, 72-73, 197n21

  Soviet Union, 114

  Spain, 59, 102

  Standard Oil, 131, 134

  Stevens, John Paul, 11-13, 17, 57

  Stonyfield Farm, 110

  Story of Stuff Project, 189

  student loans, 52-57

  subprime student loans, 52-57

  Surface Mining Control and Reclamation Act, 15

  Switzerland, 125, 130

  T

  Target, 76

  Tarplin, Downs & Young, 94

  Tauzin, Billy, 93, 94, 124, 162

  taxes

  concealed assets and, 125, 140, 206n44

  corporate subsidies and, 94, 97, 100, 120, 133, 201n28

  environmental incentives on, 29, 99

  federal deficit and, 88-89, 90

  hedge fund managers and, 120-122, 125

  progressive income, 6, 72, 117-119, 205n21

  Tea Party, 13, 151

  Tennessee, coal mining in, 103-104, 106, 203n54

  TET propane, 135

  Texas, oil refinery explosion in, 100, 135, 136, 140

  Thomas, Clarence, 59-60

  Thoreau, Henry David, 37

  Thornton, Mark, 124-125

  tobacco corporations

  branding and, 33-37, 49, 193n10

  conspiracy campaign by, 19-22

  lobbying by, 19

  Powell, Lewis and, 19-22

  state regulations and, 36-37

  youth market and, 21, 34-37, 38-39, 49, 193n10

  Tobacco Institute, 19

  Tort Claims Act, 171

  Toxic Substances Control Act, 15

  Toynbee, Arnold, 189n1

  Transpartisan Alliance, 151

  Transpartisan Center, 181

  Travelers Group, 123

  Truman, Harry, 162, 171

  Twentieth-Eight Amendment see People’s Rights Amendment

  Twenty-Seventh Amendment, 152

  U

  UBS, 120, 125, 130, 206n44

  Union Pacific Railroad Corporation, 131

  unions, spending by, 83-87, 174

  United for the People, 179

  United Mineworkers, 107

  United Nations, 140

  University of Arizona, 49

  U.S. Chamber of Commerce

  global dominance within, 130, 151

  judicial activism of, 24, 26, 46-47, 73-74, 103, 104, 159

  National Litigation Center, 23-24, 26, 191n17

  Powell memorandum to, 17, 18, 19, 22

  spending by, 27, 80-83, 172

  U.S. Constitution

  amendment campaigns and, 147-149

  Article V, 66, 151, 152, 167-168

  corporate personhood and, 138, 139

  Delaware and, 64-67

  early interpretations of, 71-72, 75, 117

  Founders and, 5, 12, 14, 69, 70, 128

  meaning of, 5, 12, 14, 69, 70

  progressive income tax and, 72, 117

  see also Citizens United; specific amendments

  U.S. Court of Appeals, 21, 32, 35, 45, 107, 159

  U.S. Department of Education, 53, 55

  U.S. Department of Justice, 21, 205

  U.S. Department of the Treasury, 123-124

  V

  Van Buren, Martin, 15

  Verizon, 27

  Vermont, 39-45, 157

  Vermont Department of Agriculture, 42

  Vietnam War, 16

  Virginia

  coal mining in, 1
04, 203n54

  corporate law in, 9, 76, 157, 197n13

  virtue, 127, 128, 129-132, 141-142

  Volvo, 132, 140

  W

  Wachovia, 120

  Wal-Mart, 79

  Warburg Pincus, 53

  Washington, George, 70, 162

  Washington Legal Foundation, 24, 138, 193n14

  Washington State, 36, 100, 136

  Waterkeeper Alliance, 104

  Weil, Sanford, 123

  WellCare Health Plan, 132, 140

  West Virginia, coal mining in, 103-108, 185-188, 203n54

  Whitehouse, Sheldon, 142-143

  Wilderness Act, 15

  Wilson, James, 70, 76

  Wilson, Woodrow, 72

  Wisconsin, election funding in, 160

  X

  XE, 90

  Y

  Yemen, 97

  Youngdahl, Jon, 86

  younger adult smoker (YAS), 35, 36

  About the Author

  Jeff Clements is a founder and General Counsel of Free Speech for People. Jeff is also founder of Clements Law Office, LLC, and has represented and advocated for people, businesses and the public interest since 1988. In the United States Supreme Court case of Citizens United v. Federal Election Commission, Jeff represented several liberty and democracy advocacy organizations in filing an Amicus Brief arguing that people, not corporations, have Constitutional rights. In 2010, he helped launch the Free Speech for People campaign to overturn the Citizens United ruling that corporations have a Constitutional right to spend unlimited money in American elections.

  Jeff has served as Assistant Attorney General and as Chief of the Public Protection & Advocacy Bureau in the Massachusetts Attorney General’s Office. As Bureau Chief, he led more than 100 attorneys and staff in law enforcement and litigation in the areas of civil rights, environmental protection, healthcare, insurance and financial services, antitrust and consumer protection. Jeff also served as an Assistant Attorney General in Massachusetts from 1996 to 2000, where he worked on litigation against the tobacco industry and handled a wide range of other investigations and litigation to enforce unfair trade practice, consumer protection and antitrust laws.

  In private practice, Mr. Clements has been a partner in the Boston law firms of Clements & Clements, LLP and Mintz Levin. He has represented clients in a variety of appeals and litigation, and in investigations and prosecutions by the U.S. Attorney’s Office and Maine Attorney General’s Office.

  Jeff was elected as a Trustee and President of the Board of Trustees of the Portland Water District, a public agency responsible for protecting and delivering safe drinking water and ensuring proper treatment of wastewater for 160,000 people in Portland and South Portland, Maine and several surrounding communities. He was a co-founder, officer, and director of Friends of Casco Bay, an environmental advocacy organization focused on protection and stewardship of Maine’s Casco Bay. He also has served as a Trustee and President of the Board of The Waldorf School in Lexington, Massachusetts.

  Jeff graduated with distinction in History and Government from Colby College in 1984, and magna cum laude with a concentration in Public Law from the Cornell Law School in 1988. He lives in Concord, Massachusetts with his wife and three children.

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  1 U.S. Securities and Exchange Commission, Alpha Rule 424 prospectus, May 19, 2011 (“On January 28, 2011, Alpha, Mountain Merger Sub and Massey entered into an agreement and plan of merger pursuant to which Mountain Merger Sub will merge with and into Massey, which will be the surviving corporation of the Merger and a wholly owned subsidiary of Alpha.”)

  2 http://blogs.findlaw.com/blotter/2011/03/security-chief-from-massey-mines-explosion-charged-with-lying-to-fbi-and-obstructing-the-investigati.html

  3 Report at 99–100.

  4 Report at 92.

  5 Report at 76.

  6 Report at 85.

  7 Report at 85.

  8 Report at 77.

  9 2009 Annual Report at 16–17.

  10 Report at 93.

  11 Report at 92.

  12 January 17, 2008 announcement, Massey Energy to Pay Largest Civil Penalty Ever for Water Permit Violations, available at http://yosemite.epa.gov/opa/admpress.nsf/b1ab9f485b098972852562e7004dc686/6944ea38b888dd03852573d3005074ba!OpenDocument

 

 

 


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