Hilary Matfess
Otherwords / Op-Ed
Published: Wednesday 1 August 2012
“The precedents the Roberts Court is setting are making it easier for corporations to exercise the rights of American citizens without corresponding civic responsibilities.”

Supreme Court, Inc.

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The media spectacle surrounding the Supreme Court’s upholding of the Affordable Care Act eclipsed another important judgment the Court made that week. In American Tradition Partnership, Inc. v. Bullock, the Court voted 5-4 to reaffirm its Citizens United v. Federal Election Commission decision, the controversial campaign finance case in 2010. In Citizens United, the court's majority argued that political spending is a form of speech and that restrictions upon that speech would violate corporations' first amendment rights. The Bullock ruling overturned a Montana Supreme Court decision that affirmed a century-old voter-approved ban on corporate spending in the state's elections. This reinforcement of the Citizens United decision has grave implications for the legitimacy of our democracy and our constitutional rights. It should serve as a rallying point for grassroots movements.

The Citizens United decision and the Bullock affirmation are both ushering in a stampede of corporate contributions to candidates and parties. The dismantling of regulations on corporate expenditure on elections has no clear stopping point, particularly when the nation's highest court seems intent upon granting them legal status as citizens. These precedents make it easier for corporations to exercise the rights of American citizens without corresponding civic responsibilities.

The Roberts Court apparently believes that corporate rights are more important than those of U.S. citizens. It's also making it harder to prosecute corporations.  The Alliance for Justice, an advocacy group that compiles annual reports detailing the Supreme Court cases concerning corporate rights, has found that “under the leadership of Chief Justice John Roberts, the Court has radically rewritten laws in order to shield big business from liability, insulate corporate interests from environmental and antitrust regulation, make it easier for companies to discriminate against women and the elderly, and enable powerful interests to flood our election process with special interest dollars.”

The Constitutional Accountability Center found that the U.S. Chamber of Commerce, a prominent business lobby, enjoys a 68 percent success rate when filing briefs with the Roberts Court, a significant improvement over the 43 percent success rate it experienced under Chief Justice Warren Burger and the 56 percent rate under Chief Justice William Rehnquist.

The Supreme Court is, ideally, divorced from ideology and committed to the notion of justice when considering the constitutionality of laws and events brought before it. The Roberts Court, however, has an ideologically motivated agenda that influences its decisions. The judicial activism this Court engages in doesn't benefit the people of the United States. One has to look no further than its Exxon Shipping Company v. Baker ruling, in which the majority ruled that the punitive damages that the oil behemoth owed the victims of the Valdez oil spill be slashed from $2.5 billion to $500 million, to see where the Roberts Court’s sympathies lie.

In light of the elevated legal status the Roberts court has bestowed upon corporations, a grassroots movement towards community-centered businesses and banks is essential. It's up to us to maintain the integrity of our rights. There are many ways for us to roll back the power the Roberts Court has handed corporations. Simply buying your peaches at a farmers market or moving your money to a community-based credit union are great first steps.

This fight, however, requires more than just an informed citizenry wielding the power of their purse strings. In addition to making community-conscious decisions, combating a Supreme Court at odds with the interests of the American public requires voting for legislators who will pass laws restricting the rights and powers of corporations and a president who will enforce these laws. The 2012 elections offer all Americans an opportunity to demonstrate our opposition to the Roberts Court's agenda.

Everyday decisions, such as where to buy our coffee, where to invest our money, and whom to elect, empower us to reshape our economy to value people over profits. Every community-conscious choice that we make pushes back against the agenda of the Court; just imagine the power of 300 million Americans mindfully choosing local businesses and progressive politicians over corporations.  



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ABOUT Hilary Matfess

Hilary Matfess is an Institute for Policy Studies intern and a Johns Hopkins University student.

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10 comments on "Supreme Court, Inc."

RobertDMartin

August 02, 2012 7:58am

@Btrwy

I, too, feel that the time has long since come to impeach those such supreme court judges as deigned to equate juristic persons with natural persons.

For the "United States of America," with all its constituent juristic persons, be they of the federal level or below are to serve us, The People. That must be or become true of all juristic persons allowed to exist and function within the land or otherwise in our name. All such juristic persons must either be „of, by and for“ the People or be nevertheless just as liable to and held accountable for far-sightedly and wisely serving as well as possible the long-term interests of The People of the United States of America.

However, let us, The People, beyond merely impeaching out of office the individual supreme court justices in question, also come together to discuss and eventually to carry out such changes to the yet existing systems and institutions as to better ensure their in fact being and remaining sub-servient to us and to require of them all that they do so well and wisely.

For while it may be that the Supreme Court as an institution yet be soundly conceived, yet even that institution has failed us. Perhaps it, too, needs revision?

As the Declaration of Independence proclaimed, We, The People, have the solemn sovereign Right and Duty to watch over the functioning of those institutions (and companies, for that matter) that we suffer to serve us in our best interests. And there is definitely much wrong in the way our governments and in the way private and public companies have been functioning - in latter years more clearly so than perhaps in past centuries.

„We are The People!“ As well meant as „Occupy“ has been, even more to the point is that „We are The People.“ Let that be our rally call, even as it was for the People of East Germany as the Iron Curtain came down in the end partly due to such self-recognition and adamant insistence thereupon. (Admirably so.)

Let us constitue our own „round tables“ and let us rally together but also let us deliberate upon what adjustments need be made to our systems become all too even openly corrupt.

Let us not just stop short at replacing a few corrupt or perhaps merely all too misguided individual officeholders, be they the President, or senators or whatever else. Let us strive to attain a status for the systems and governments and companies that we allow to attempt to serve us such that they do so, indeed, and do so wisely and long-sightedly.

Some criteria therefore seem already clear to me.

(1) By whatever name we use for it, there must be an end to and a reviling of the principal of „maximizing“ profit in favor of a just conception of „due“ profit and of only being allowed to function for the „benefit“ of the People.

(2) No longer must „the bottomline“ be allowed to be so construed as to include only considerations short-sightedly restricted to the confines of that one institution nor company. Instead, negative affect upon the social environment or upon Nature (among other wider and future oriented perspectives) must necessarily result in the otherwise calculated „so called“ profit becoming reduced by the real costs incurred outside of that organisation.

Thus the buying up of companies with a consequential liquidation thereof, since it results in the former workers becoming unemployed or underemployed must be seen not as a net gain or „profit“ but as a net loss to society and thus be even a cause for requiring payment of penalties and rehabilitation cost reimbursements.

(3) Let us rather „Leave the spots on the apples, cause we need the birds and the bees“ (as Joni Mitchell so fervently sang).

Wisdom requires that our interests be so conceived as to include the husbanding and nurturing of Nature, it being the very means necessary to our Life, Liberty and Pursuit of Happiness. Thus it must as much as possible be kept intact and helped to flourish to the benefit of the present and of all future generations of Humankind and of our fellow creatures.

(4) Our interests must necessarily be so wisely and far-sightedly conceived as to as well benefit Humankind as a whole and as much as possible to mutually benefit all those other Peoples as be affected by the actions taken in our name or in our interest.

Let us begin. Let us deliberate upon such changes as be necessary and prudent. „We are The People!“

Let's form our „round tables“ and constitute regularly convening „constitutional assemblies“ and undertake all manner of otherwise realised means to exercising our Right and Duty as The People to (re-) establish a government „of, by and for The People“.

Let's begin to get the systems that are to serve us back to doing so and to doing well at it.

gstradtman

August 02, 2012 7:34am

If corporations are people, then their heads should be subject to the same penalties for legal violations as individual working people are. The Wall-Street bankers and brokers whose fraud brought us the current depression should be tried for fraud, perjury, and other crimes. Corporations should pay taxes on their profits at the same rate as individual wage earners. Those of us whose employment contracts or legal restrictions prevent political activity take particular offense at the "lobbying" and "gifts" (more accurately described as bribes) that the Supreme Court has decided may be played with impunity.
By holding corporate personhood to be supreme over individual rights, the Supreme Court has invalidated the entire U.S. Constitution. Basic contract theory says that any violation by either party invalidates the whole.

Ronni85

August 01, 2012 6:26pm

All the more reason WE need to act now to get a constitutional amendment to stop these gangsters in robes of trust, that amendment must make it clear that this must NEVER be allowed to happen again.

oldhat

August 01, 2012 1:21pm

yes the robert has been bad first united then obamacare what next?

Stariedecisis-S...

August 01, 2012 10:59am

As libertarian I certainly can not take exception to your criticism of the Roberts court extending "civil liberties" to corporations. However, your report would have much more credibility if, in addition to corporations, you had also included the UNIONS which are in the same category of benefiting from decisions of the Robert's court. Neither is good for our republic, and both tend to place the interest of a few powerful men (damn few women) over the interests of individuals. - How unfortunate!!!

G.E.R.R.Y.

August 03, 2012 10:07pm

Give your head a shake. Comparing unions to corporations is so stupid that it's ALMOST laughable. Only around 12% of Americans even belong to unions. They're not your enemy anymore. Find yourself a new bogeyman to keep under your bed.

pitch1934

August 01, 2012 5:21pm

Starryeyed: You conveniently forgot that Unions are required to get permission from members to use dues money for lobbying. Corporations are not so hamstrung. They use company money and if you don't like it, then shut up or take your money out.

oldhat

August 02, 2012 3:10pm

since when ? their was never a vote by members at where i worked

mdfouru

August 01, 2012 1:14pm

If you can't clearly distinguish between those represented by unions and those represented by corporations, you're not nearly smart enough to be a libertarian.
I'm not crazy about the liberties extended to either, but the false equivalence implied by comparing corporations to unions is a symptom of a faux news watcher.

Unions are democratic institutions that, in the end, represent the interests of a varied (arguably, not varied enough) constituency, comprised mainly of working class Americans.

Corporations are dictatorial institutions that represent the interests of a tiny minority of investors. Yeah, uncle Fred might have stock in his 401k, but the vast majority of benefits accrued by the machinations of corporations don't go to uncle Fred. The vast majority of stock is owned by a tiny minority of the wealthiest people in the country.

Some union bigwig making a 6 figure income by representing the interests of thousands of working class Americans is not the same thing, or on the same scale, as a multi-national corporation ready to sell out the interests of the entire country for the benefit of a billionaire CEO and a handful of 1%ers. The extra $38 that uncle Fred stands to gain in his mutual fund notwithstanding.

BTW, political contributions by corporations dwarf contributions by unions by a factor of at least 10 times. And that's just what we know of. It's likely that the corporate war chest is upwards of 50X that of unions. If union campaign influence must be stopped in the interest of some phony conception of "fairness", I have no problem with that. I seriously doubt that the Robert's court would sacrifice the disproportional influence of corporations in return for stopping union contributions. They know better. Evidently, you don't.

Btrwy

August 01, 2012 10:49am

We should let the court continue to screw America and it's citizens while we choose to buy elsewhere? What the Robert's court has done deserves no time to make things worse. Impeach or remove by any means considering what he and his court has done to America. They deserve nothing fair. They have laughed at us and our constitution while sticking it in our rear. They deserve the hangman's noose.