Help! I've Been Colonized and Can't Get Up
Take a Lawyer and an Expert to a Hearing and Call Me In a Decade by Jane Anne Morris

What are we going to do tomorrow morning?

We could keep doing what hasn't worked in case it works next time; we could denounce people who suggest that what we're doing isn't working; we could declare victory so our folks won't get so depressed and discouraged. I'd like to steer clear of those options.

I'd also like to avoid "negotiating" with corporations as though they were persons with a role in a democratic system, and avoid doing anything else that accepts that corporations have the constitutional rights of human persons.

Here is one cluster of ideas for rewriting the Defining Law of corporations. It's not a three-point plan, and it's not the beginning of a 20 point plan — just some ideas to think about.

1. Prohibit corporations from owning stock in other corporations. Owning stock in other corporations enables corporations to control huge markets and shift responsibility, liability, resources, assets and taxes back and forth among parent corporations, subsidiaries and other members of their unholy families. By defining corporations in such a way to prohibit such ownership, much of the anti-trust regulatory law becomes unnecessary and superfluous.
2. Prohibit corporations from being able to choose when to go out of business (in legalese, no voluntary dissolution). This would prevent corporations from dissolving themselves when it came time to pay taxes, repay government loans, pay creditors, pay pensions, pay for health care, and pay for toxic cleanups.
3. Make stockholders liable for a corporation's debts. People who want to be stockholders would reallocate their resources to corporations that they knew something about, that weren't engaged in risky, toxic projects. (This would encourage local, sustainable businesses and healthy local economies. Imagine that.)

These three measures might seem "unrealistic" to some, but it beats the heck out of a voluntary code of conduct, or a wasted decade at a regulatory agency. All three of these provisions were once common features of state corporation codes. No wonder corporate apologists prefer that we hang around in the regulatory agencies with our heads spinning with parts per million and habitat conservation plans.

These three measures were quite effective, which is why corporation lawyers worked so hard to get rid of them. But they address only a tiny portion of what needs to be done.

Here's another cluster of ideas for ways to shape a democratic process that is about people. (The idea that corporations have "rights" would seem nonsensical to any but a colonized mind.)

1. No corporate participation in the democratic process. Democracy is for and about human beings. Corporations should be prohibited from paying for any political advertisements, making any campaign contributions, or seeking to influence the democratic process in any way.
2. Corporations have no constitutional rights. A corporation is an artificial creation set up to serve a public need, not an independent entity with intrinsic "rights."
3. Corporations should be prohibited from making any civic, charitable, or educational donations. Such donations are used to warp the entire social and economic fabric of society, and make people afraid to speak out against corporations.

These probably seem even more "unrealistic" than the first batch. Imagine how good it is for corporate executives that we find these ideas "impractical." And by the way, these were all once law, too.

The final objection to be raised is that we'll never get anywhere as long as the "news media" are against us, refuse to cover our issues, and distort our views. Agreed.

But the "news media" are corporations, key players in a system of propaganda that encompasses not only television, radio and newspapers, but also the entire educational system. The "airwaves" belong to the public. Why have we allowed a puppet federal agency to "lease" the public airwaves to huge corporations?

Ya wanna lock down? Lock down to a TV or radio station and make the public airwaves public again. Not for a day but for a lifetime.

Ya like boycotts? What if a regulatory agency gave a hearing and nobody came? The outcome would be the same but we wouldn't have wasted all the time and resources, nor would we have helped grant an aura of legitimacy to a sham proceeding. What could we do instead? We could get together with the lawyer and the expert and begin to figure out how to stop being collaborators.

The author is part of a movement, already taking root in over a dozen states, that advocates retaking the historic right of the sovereign people to determine and direct corporate action.

 

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Back to Peace Talk Index, Spring 2005