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Corporations Are NOT People: What's at Stake

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Message Jeff Clements

We do not have to live with this. We can put the American project back together again.

First, though, we need to see where Citizens United came from and how much we have lost to the triumph of corporate power. Most of the ï rst six chapters of this book examine these themes from diï erent perspectives. In Chapter Three, I digress to examine what a corporation actually is as a matter of law and fact. This may be a digression, but it lies at the heart of why corporations can have no constitutional rights superior to the rights of the American people to make laws governing corporations. Corpora- tions are not merely private entities, owing no duties to the public. Corporations are legal creations of government.

I close with three essential steps to roll back corporate dominance of government: (1) a twenty-eighth amendment to the Constitution that will overturn Citizens United and corporate rights and restore people's rights; (2) corporate accountability and charter reform to ensure that corporations better reï "ect the public policy reasons for which we allow the legal beneï ts of incorporation, such as limited liability, in the ï rst place; and (3) election law reform, including increased public funding, greater transparency, and an end to legal political bribery.

-- -- --

Citizens United confronts us again with the basic question of American democracy--what do we mean when we say, as we do in the opening words of the Constitution, "We, the People"? That question drives the central narrative of the American story, and it is why a constitutional amendment campaign to reverse Citizens United is so important now.

Amendment campaigns are how we make the American vision of equality and liberty a reality. Amendment campaigns are how we accomplished much that we now take for granted:

--   All people are equal.

--   Every citizen of every gender, race, and creed gets to vote and participate in our society.

--   Women are equal and may vote just as men vote.

--   The poor can vote, even if they don't have money for a poll tax.

--   Millions of men and women who have lived eighteen, nineteen, and twenty years, old enough to die for their country in war, may not be barred from voting.

--   We can, if we, the people, choose to do so, enact progressive income taxes and not place the tax burden only on middle-class and working families.

--   We elect the individuals who serve in the U.S. Senate, rather than watch from the sidelines while corporate- dominated political bosses appoint them.

Not one of these principles was established without Americans working for and winning constitutional amendments.

Now we need to work together again, to campaign for a fundamental  proposition,  encourage  a  national  conversation,  and force votes in towns and cities, state legislatures, and Congress, so that people and our representatives state where they stand on this question of our time: Must the American people cede our rights and our government to global corporations? I hope this book will show why this question is so important and how Americans can succeed in restoring our free republic, with equality for all.

Finally, a word about nomenclature. I am not "anticorporate," and this book is not "anticorporate," whatever that means. When I refer to "corporations" and "corporate power" and the like, I am talking about large, global or transnational corporations. Size matters. Complexity and power matter. Whether corporations operate in the economic sphere without dominating the political sphere matters.

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Jeff Clements, an attorney and author, is the co-founder of Free Speech for People, a national, non-partisan campaign to challenge the creation of Constitutional rights for corporations, overturn Citizens United v. FEC, and strengthen American democracy and republican self-government. 

He is the author of the  book, Corporations Are Not People (Berrett-Koehler, 2012). 

Mr. Clements also is the founder of Clements Law Office, LLC, and has represented and advocated for people, businesses and the public interest since 1988. Mr. Clements served as Assistant Attorney General and Chief of the Public Protection & Advocacy Bureau in the Massachusetts Attorney General s Office from early 2007 to 2009. 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. 

Mr. Clements 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 also has practiced in Maine, where 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. In the 1990s, Mr. Clements 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. Mr. Clements 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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