The Power of We the People

Today is Blog Action Day 2012 - an annual online event that brings together bloggers around the world to write about a single topic of global importance all on the same day. This year's theme is "The Power of We."

In trying to decide what to write here that would fit in with my usual themes and obsessions, I considered writing about the importance of voting in the upcoming election. You know, all "We the People" and all that stuff. But that's too easy a mark.

Instead I thought I'd go for something broader, and talk about the different levels of We.

Yes, on this blog I tend to talk about politics and government as the mechanism of We the People, and our individual roles in selecting, electing, detecting, and rejecting our [hopefully] representative leaders. But, as many of you know, I have made my career in the nonprofit sector, which is another primary way that individuals organize to put the Power of We into action.

The question here then, is if each of these sectors represents how We cooperate with each other to benefit the community, what is the proper role for each?

For me, the simplest answer is that it is frequently a matter of the scale of the problem, and the minimal level of support that will be guaranteed.

First the scale question. No Federal operation or bureaucratic process will ever turn the vacant lot next to the neighborhood elementary school into a gardening nutrition program. For that, you need a partnership of local leaders, working together with local businesses and nonprofits to organize the volunteers and materials needed. Meanwhile, nothing short of Federal intervention was going to save the auto industry. Volunteers and bake sales would not have resulted in GM reclaiming its mantle as the largest automobile producer on the planet.

As to the minimal level of support, I believe that in a country where we like to brag about being the richest nation on Earth, it should be a matter of national honor that we don't let our fellow citizens starve - regardless of how productive or "worthy" they have been. The Food Stamp program exists to fill that need, but the amount of food you can purchase that way is minimal. Getting beyond guaranteed basic survival is where other partners have to step in. That becomes the role of regional food banks, and local nonprofit programs to work with clients one-on-one to help lift them out of poverty.

Regardless of whether we're loosely organized into grassroots groups to solve neighborhood troubles or looking to Washington to guide us on national issues, the unifying thread is that the individuals work best at problem solving is when we work together. That, at whatever level, is the Power of We the People.

Have a happy Blog Action Day, people. You've earned it. Oh, and don't forget to vote.

Returning Democracy to the (Natural) People

Today marks the second anniversary of the Supreme Court ruling in Citizens United v. FEC, which unleashed unlimited spending by corporate "persons" to influence our elections. We saw some of the effect of this in the 2010 mid-term elections, and we're seeing it already this year in the wildly expensive and nasty fight for the Republican nomination. But, while Citizens United expanded the concepts of corporations as legal persons and money as speech, it didn't start there.

It actually started about 125 years ago with the case of Southern Pacific Railroad v. Santa Clara County. In that decision, the court held that the railroad corporation was entitled to rights under the 14th Amendment. Many cases between Southern Pacific and Citizens United have further expanded the concept of corporate rights and personhood, often at the expense of human citizens.

But the humans have not given up hope, and have begun to fight back. Move to Amend is an organization trying to pass an Amendment to the Constitution that would clearly state that corporations are not people, and money is not speech. Yesterday, they held rallies across the country themed as "Occupy the Courts" aimed at overturning Citizens United and educating people on the need for a Constitutional amendment.

I attended in San Jose, where our rally took place in Saint James Park, across the street from the very courthouse where the Southern Pacific case began 125 years ago. There were a few speakers, including a city councilman and a woman who was fired from Walmart for being a whistle-blower, followed by a skit of "campaign speeches" from a robot representing different corporations. We then marched through town, past the Federal office building, and ending for second, smaller, rally in front of City Hall.

At its height, there were maybe a couple hundred of us. Not too large, but a good sized group for a rainy weekday. But where was the media? I saw only a couple of people who seemed to be taking notes or a few professional photos, but no TV crews. The Move to Amend folks are going to need to get much better at PR if this movement is to take off.

Passing a new amendment to the Constitution may be difficult, but is not impossible, and the stakes could not be higher. While there has always been an undue influence of money in our political process, Citizens United amplifies it hundreds of times over. Corporations are now able to give untraceable millions to SuperPACs that are not bound by any of the controls or limits that we've placed on candidates or individuals. They can say pretty much anything and will drown out the voice of We the People.

We have to make it clear to our leaders, and to the corporate interests that fund them, that democracy is for us human citizens only, and is no longer for sale to the highest bidder. One person, one voice, one vote.

Ending Corporate Personhood

Way back in 2002, Congress passed the bi-partisan Campaign Reform Act, commonly referred to as McCain–Feingold in reference to its primary sponsors. One of the provisions of McCain–Feingold prohibited corporations (for-profit, nonprofit, unions, etc.) from broadcasting “electioneering communications” either for or against a particular candidate within 60 days of a general election or 30 days of a primary.

Last year (January 2010), the Supreme Court struck down that provision in the case of Citizens United v. Federal Election Commission on the grounds that it violated their first amendment rights to free speech. While there have been many laws and court decisions over the years that have treated corporations like people or citizens, Citizens United was never-the-less a landmark in overtly saying that the protections of the Bill of the Rights are explicitly applied to corporations as well as people.

Justice Stevens, in his dissenting opinion, wrote:

At bottom, the Court's opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding... It is a strange time to repudiate that common sense.

In the nearly two years since then, many have talked about the need to over-turn this decision. Part of that is the movement to amend the Constitution to be clear that corporations are not people, and are not entitled to the same rights and protections as persons, and that money is not speech!

To learn more about this movement, and add your name to the petition, see movetoamend.org