Put the Demos Back Into Democracy

There are two kinds of activist groups, equally (in)effective. Which are you? And why?

Pop-up activists tend their topiary and anguish over bathroom fixtures until… a Big Bad Issue pops up and invigorates them.

Permanent Waves — the second kind of activist group — inhabit longstanding, institutionalized power zip codes nestled among other shrubbery in the nonprofit landscape.
Continue reading “Put the Demos Back Into Democracy”

Can Pluto Help Us Understand “Free Trade”?

If we used Pluto’s new celebrity status as an opportunity to see Earth—from afar–as part of the solar system and part of a Galactic Trade Organization, would we gain any new insights?

Pluto is a trip-and-a-half. The word pluto means both wealth (plutocracy) and hell (Pluto as god of Hades), so, already economics, myth, and religion are implicated. The word attached itself not only to an erratic planet, but also a cartoon dog and a radioactive element that does not occur naturally. The dog was named after the sometime planet, now celebrity ex-planet, in hopes that the yellowish (like oxidized plutonium at room temperature) canine would bring profits to a growing entertainment empire. So, pop culture and capitalism are involved. In addition, the spacecraft sending back all those paparazzi-quality images from Pluto is powered by plutonium, the element not only named after the planet it carried the cameras to, but also all tied up with Iran and Karen Silkwood. So add in global politics, occupational health, toxic waste, and the environment.

Perhaps despite its ongoing coming-out party, Pluto is just another overrated dwarf planet. I mean minor planet. Oops, maybe former planet. Ex-planet? The class of ex-planets is small, but even smaller is the set of celestial bodies that has been called dwarf, minor, former, and ex. Now we can add that it is craterless, has unexplained trenches, boasts gigantic ice mountains, and is “geologically active,” to boot. It’s gotten our attention.

All eyes are on Pluto. Let’s truly put our eyes on Pluto, and look back towards the third rock from the sun for a galactic take on our home world. Think future, politics, and investment.

How would Earthling “free traders” respond if Galactic Trade Organization ministers determined that a tiny planet called Earth was the best source of raw oxygen and a perfect location for the galaxy’s toxic waste?

“Free trade” proponents would then for once find themselves on the receiving end of what they have been dishing out for centuries. They could look forward to being told that their claims to “need” the oxygen were based on “junk science.” And that should they want any oxygen down the line, they would be free to pay the going rate to import it. They would be assured that hazardous waste infill would improve Pacific Basin ecology, and that previously “underdeveloped” economies would get a shot in the arm as sno-cone stands, video game arcades, and other new “development” sprung up around the toxic waste import facilities ringing the Pacific Ocean. Any Earth laws that slowed the oxygen harvest or impeded incoming galactic garbage would be labeled “trade barriers,” and the Galactic Trade Organization would toss them out.

Change Galactic Trade Organization to World Trade Organization and you have described the global situation today. Change World Trade Organization to U.S. Supreme Court, and you have described the situation within the U.S.There’s not a square inch of United States territory that is outside the domestic “free trade” zone.

The excerpt above is taken from page three of my book Gaveling Down the Rabble. There and elsewhere I have explained why I insist on putting “free trade” in quotation marks. (Short version: because it’s about neither trade nor freedom, but a denial of basic democratic rights.)

If the long view (about four billion miles) from Pluto is what it takes to get people to understand the US domestic “free trade” zone, then so be it.

About that “Seat at the Table”…

You want a Seat at the Table. You fight for it. You get it. Yippee. Let’s consider it.1

(Welcome back to the DTP Blog. I’ve been absent from this table because, among other things, May is a huge month for gardening in Wisconsin and mine needed lots of TLC so I could put food on my table. But back to your Seat.)

“Wanting a Seat at the Table” is one way citizen activists express their desire to be part of the decision-making process, instead of being merely audience, cheerleaders, dues-payers, observers, onlookers, demonstrators, or the blubbering supplicants role that we play in regulatory agencies.
Continue reading “About that “Seat at the Table”…”

Corporate Law Secrets Exposed By Anthropologist (1998/2015)

A Short Preface: The View from 2015…

The piece below, once available as a pamphlet, was written in 1998 to try to induce “activists” to pierce the invisible force field that seems to keep them from reading the history of corporate law. Whether or not it succeeds in that sense, it offers a perspective on current democratic efforts that I thought then and still think is essential before any real progress will be made in turning around national and world trends. Continue reading “Corporate Law Secrets Exposed By Anthropologist (1998/2015)”

Wrinkle in Ancient Corporate Code Reveals Democracy Remedy (Not for the faint of heart)

Crumbling pages in the rare books room of the Wisconsin State Law Library may hold the key to breaking the corporate stranglehold on the democratic promise so long dormant in the heartland.

I’ve read those pages in that cool, dim room. But you can find the same info in the well-thumbed regular stacks that are only medium-rare. What is rare is for anyone but a historian or lawyer to read them. (Hint).

(Rather than having you read this, I’d like you to go here, but you’re probably not ready yet.)

“Incorporate in minutes: CHEAP, EASY, FAST.” Have you seen those ads? Why is it easier to incorporate than to register to vote, get a driver’s license, or maybe even order a pizza?

Try your luck with this multiple-choice question.

Corporations get their vast power from
A. their brilliant, inventive, plucky, persistent, indefatigable founders’ work and insights
B. US military forces and domestic police protecting their property worldwide
C. a winking conspiracy among judges to invent extra powers for them in the margins of their decisions
D. the sheer popularity and market domination of their amazing products
E. state legislatures

E is the key. A-D all help, with A always overrated and C exaggerated, but state legislatures do the deed.

Those CHEAP, EASY, FAST steps that today allow you to incorporate have a profound impact. Incorporation carves out a handful of chips of power from the block of government sovereignty, and hands them over to corporations. Simply put, some of the power of government is transferred to a corporation. In other words, GOVERNMENT CREATES CORPORATIONS.

(If you’re still reading this, maybe now you’re ready to go here.)

Before incorporation, all you have is a bunch of people, ideas, and resources. AFTER INCORPORATION, you have a company clothed with powers and protections granted and enforced by the full force of government. Law enforcement, courts, agencies, the whole chalupa.

This changes everything. For example, if you’re upset about a corporation doing bad things, you should be even more upset with your government that has granted that corporation the power to do those things.

I heard that many times before I got it. And I only got it when I went to the law library and held in my hands the pages that wrought such transformation. (Ready to go here?)

In a law library, you can hold in your hands the law that a legislature passed to turn that bunch of people and ideas into a corporation with powers of government. They used to do it one at a time. As in, the Octothorp Corporation may raise this amount of money, construct such-and-such a facility, and mine dilithium crystals in these three counties.

That’s amazing enough, that you can literally read the document that breathed power into a corporation. Even more shocking for us today is that if that corporation messed up, didn’t follow legislative instructions, or exceeded powers granted, the same legislature could just pass another law (no judicial intervention needed, thank you very much) and repeal the charter, a process called charter revocation. (Are you ready to see the treasure map to finding a charter revocation?)

That charter revocation—you can also hold it in your hands. Something about seeing this “in the flesh,” as it were, changes the way you understand corporations. It is hypocritcal and inaccurate for lawmakers to intone the equivalent of, Gosh, those darn corporations are so powerful. When in fact every single one of their powers was granted by legislation, voted on by legislators. (And even if first granted by a court, those powers were later ratified in statutes).

So I want you to take two steps that aren’t on many agendas just now.

ONE—Get thee to a law library.

TWO—Realize that the target of citizen activism is not so much corporations (using powers overtly given to them by governments), but the governments themselves that have ratified such a wholesale transfer of power from the people to corporations.

That’s my pitch. I hope you’re ready to go here, to see a pamphlet-length layperson’s tour guide to a law library. Even if you never make it to the library, you’ll learn a thing or two by flipping through the tourist brochure. Perhaps, even enough to turn your attention from corporations to the governments that create and protect them.

Bon voyage, jam

Making a Federal Case Out of It

“Don’t make a federal case out of it.” I used the phrase countless times without understanding its origin. But it turns out it’s full right up to the post-hoc-ergo-propter-hoc with historical significance: lessons about corporations, democracy and local control–what you might call community rights.

Take the train-hits-cow cases. Railroads began a rapid expansion in the US in the 1830s and by 1870 spanned the continent. Farmers had livestock milling around before barbed wire was patented or common, and trains didn’t-wouldn’t-couldn’t always stop for the unfortunate domestic animal standing on the tracks.

Farmers wanted compensation for all the cows wasted by trains. They often got it, even from the big railroad corporations, if they went to state courts, which obviously understood the plight of farmers losing stock to the new Iron Horses.

Another big beef during the early railroad era was that glowing embers from wood-burning steam locomotives wafted off and set fire to farmers’ fields and barns. This barn burning was especially common before railroads began switching to coal in the 1860s. Again, farmers were often able to get compensation if they went to state courts.

Railroad corporations were not keen on paying for kilt cows or burnt barns if they could avoid it. They learned early on that they fared much better in federal courts. Ask a lawyer (Better Call Saul): federal court takes longer, costs more, is farther away, has more onerous procedures, and is harder to win in if you’re an amateur.

Make a federal case out of it: escape the locals and get into federal court. As opposed to traffic court, municipal court, county court or state court. The rules for getting into federal court have changed over time, and there’s no way to summarize them here. But one fairly sure way is to raise a constitutional question. Poring over the constitution looking for corporate handholds has long been a strategy for property seeking relief from local democracy. (My book Gaveling Down the Rabble is all about how it’s done with a single constitutional clause.)

Much of corporate law (and “rights,” and powers) comes out of cases about railroads because they were among the dominant corporations of the 19th century. The take-home message: corporations saw that local control was a threat to their power, but federal jurisdiction (courts, Congress, or the regulatory agencies) could be a ticket for privilege. (For some history, see this.)

A shallow or stylized sense of history can lead to misconceptions. Many people think that the Supreme Court (the feds) has been a stalwart defender of civil rights. Simply not true, and shamefully not true. (See the chapter on civil rights in Gaveling.) But the “federal case” idiom was common in the 1950s because of federal involvement (usually based on the constitution’s COMMERCE clause) in civil rights during those years.

The origin of the phrase seems to be somewhat earlier, in Jimmy Durante’s 1940s reference to the federal government’s use of tax evasion charges to justify going after bootleggers during the Depression. I don’t have any evidence that the phrase was used in the early railroad era, but it captures the essence of corporate efforts to escape protective state and local laws.

If I titled this post “Federalism is So Complex!” none of you would be reading this now. But it is complex, and critical to efforts to reinstate some semblance of local control in our communities. Here are another few relevant tidbits before I close this ramble.

* Federal courts had little to do in the early decades of this nation, but now hear cases on a huge spread of topics and issues. (Gaveling explores this in labor, civil rights, and environmental law, among others). Whether this is good or bad is not obvious.

* The US Congress—not the constitution—determines the powers of federal courts. See my “Look to Congress for Supreme Court Fix.”

* The question of the appropriate relationship between local and federal power involves, among many other things, whether a federal law should be a floor (a minimum standard that states may be stricter than), or a ceiling (a standard that must be met but cannot be exceeded by local laws).

Finally, let’s remember that “local control” is a double-edged sword. If we really believe in local control, we need to insure that it is DEMOCRATIC local control and not feudal party machines in action.

Next post will be about….let’s see, What the Phrase “From Here Till Next Tuesday” Can Tell Us About Corporations.

Happy 2015, jam

jam tip: A great source for train-hits-cow stories and other tales of early corporate constitutional predation is volume one of Morton Horwitz’s The Transformation of American Law (1977). NB: not for the faint of heart.

Is Citizens United Focus a Good Use of Our Time? (2014)

Such a comforting thought—that overturning a single court case can resolve some of society’s biggest problems. With Citizens United, the idea seems to be that huge strides could be made by reversing it, thereby “getting the money out of” elections. It’s our current version of the “silver bullet” myth of old.

Kind of like thinking that bee pollen will cure your cancer. Continue reading “Is Citizens United Focus a Good Use of Our Time? (2014)”

Why a Green Future is “Unconstitutional” and What to Do About It (2008)

By Jane Anne Morris

A top view of a drawer of various wrenches and pliers; entrancing and calming. Tools.Working in tandem with a cooperative Supreme Court, corporate lawyers have insinuated themselves into the US Constitution like retroviruses, rewriting Constitutional code so that instead of protecting human persons from an oppressive government, the Constitution has been twisted to shield corporate persons (corporations) from control by the governments that create them.1
Continue reading “Why a Green Future is “Unconstitutional” and What to Do About It (2008)”