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ORIGINAL 2004 PLATFORM LANGUAGE
C. Citizen Control Over Corporations
The U.S. intentionally defines corporations through charters or certificates of incorporation. In exchange
for the charter, a corporation was obligated to obey all laws, to serve the common good, and to cause no harm.
Early state legislators wrote charter laws to limit corporate authority and ensure that when a corporation
caused harm, they could revoke its charter.
In the late 19th century, however, corporations claimed special protections under the Constitution. They
insisted that once formed, corporations might operate forever with the privilege of limited liability and
freedom from community or worker interference in business judgments.
One point remains unequivocal: Because corporations have become the dominant economic institution
of the planet, they must address and squarely face the social and environmental problems that afflict
humankind.
We must end corporate welfare. Currently, corporations possess more rights and
freedoms than natural human persons. Through a series of judicial rulings, and by
virtue of their ability to control governments and economies through concentration
of wealth, corporations have rewritten our Constitution and have emerged as unaccountable, unelected
governments. The Green Party supports all reforms that seek governmental regulation of corporations.
In the interim, we support measures that hold executives and officers of corporations directly liable for
harm that results from their decisions.
- The federal government doles out billions in
subsidies and tax breaks to corporate special
interests. The current level of influence now being
exerted by corporate interests over the public
interest is unacceptable. We challenge the
propriety and equity of corporate welfare that
comes in the form of tax breaks, subsidies,
payments, grants, bailouts, giveaways,
unenforced laws and regulations; and in historic,
continuing access to our vast public resources,
including the airwaves, millions of acres of land,
forests, mineral resources, intellectual property
rights, and government-created research.
- We support strong national standards for labor
rights and the environment so that corporations
can no longer force states and cities into a brutal
competition for jobs at any cost. Legal doctrines
must be continually revised in recognition of the
changing needs of an active, democratic citizenry.
Huge multinational corporations are artificial
creations, not natural persons uniquely sheltered
under constitutional protections. We support
local and state government attempts to define
corporations and to prevent them from exercising
democratic rights that are uniquely possessed by
the citizens of the United States.
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PROPOSED 2008 PLATFORM LANGUAGE
IV. C. Citizen Control over Corporations
Corporations have accrued legal and political privileges
that have no basis in the Constitution of the United States. Under cover
of these extra-constitutional privileges, corporations accumulate vast
financial resources, which they use to control our political, economic,
and cultural life. They achieve this control by influencing and
dominating the electoral, legislative, and regulatory processes of
government, using their wealth to lobby elected and appointed officials
and to manage the information media, thus subverting the democratic
rights of the people.
A corporation exists only when a state government grants it a
charter. Originally in the 19th century charters were granted for
the promotion of the common good, not for the exclusive good of the
corporation's owners or executives. Many corporations today have
abdicated their responsibility to the common good and have become severe
threats to the environment, to sustainable economies, and to democracy
itself. Corporations must be brought under local democratic control and
be made responsive to the needs of the communities where they make,
manage, and sell their products and services.
Smaller is generally better. Smaller corporations are easier to oversee
and hold accountable. A corporation should be no larger than is minimally
needed to fulfill its mission. Corporations seek economies of scale that
work to the people's detriment when applied to labor. Subdividing job
responsibilities to the lowest common denominator creates more low-skill,
low-responsibility, repetitive work which may help a company's bottom
line and improve service standardization; but it also reduces workers to
replaceable commodities and strips them of their creativity and, thus,
humanity. Such jobs do not serve communities. Smaller corporations tend
to require a larger proportion of higher-skilled employees, which is a
community benefit.
The Green Party intends to end corporate rule and create real democracy.
Current law and judicial decisions have clothed corporations with more
rights and freedoms than those of natural human persons, allowing
corporations to illegally and immorally usurp political power. We must
reclaim our sovereign right to define corporations, not just regulate
them.
We propose the following:
- Eliminate the fiction of corporate personhood, through judicial
review, legislative action, or constitutional amendment.
- Modify or eliminate other corporate claims to constitutional
protection, in clauses such as the Interstate Commerce clause, the
Contracts clause, and the Takings clause.
- Prohibit any corporation from paying or contributing, or offering to
pay or contribute, directly or indirectly, any money, property, or
anything of value to any political party, committee, organization, or
individual, for any political purpose whatsoever, or for the purpose of
influencing legislation of any kind, or to promote or defeat the
candidacy of any person for nomination, appointment, or election to any
political office.
- Rewrite state corporate codes to confirm that a corporation’s
responsibility is primarily to its workers and to the community where it
operates, and that it is a public entity and must act in the public
interest or have its charter revoked.
- Strengthen corporate law to allow for the charter revocation or
banishment from states of corporations which are deemed contrary to the
public good, or which are convicted of repeated violations of law,
including activities that would normally be considered criminal for any
individual to conduct.
- Encourage the partitioning of all corporations through legislated
incentives to a size that supports the highest standards of living among
the local populace where the corporations operate, and encourage higher
proportions of stakeholders to become shareholders by promoting worker
buyouts of corporations. Provide agency powers to force such changes on
any corporation that is found to be in willful or negligent violation of
any public statute, policy, or law by any level of government.
- End corporate welfare such as tax havens, subsidies, and
unmonitored government contracts for corporations run for profit.
- Protect and strengthen the people's rights and control over their
Commons, such as forests, water, air, radio frequencies, data formats,
internet protocol, and electronic distribution, and to defend these
public resources from corporate
commodification.
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