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United We Stand and Shout and Dance and Make it Better


By davidswanson - Posted on 05 May 2014

I'm looking forward to speaking on Saturday, May 10, at the United We Stand Festival in Los Angeles (and at an earlier event) where dozens of speakers and musicians will be standing together against such evils as: "the PATRIOT Act, NDAA, NSA, war on drugs, drones, ... war, GMO, ... central banks, corporatism," and in favor of "Internet freedom, election reform, honest media/music/art, education/student leadership, the environment, ...."

This is nice timing, with Vermont having just become the first state to call for a Constitutional Convention to strip legalized bribery out of U.S. politics, and with the U.S. Senate planning a vote on a Constitutional amendment to allow Congress to limit said bribery. Sixteen states have urged Congress to act, which remains a quixotic pursuit. Even more disturbing than Congressional dithering is the failure of each of those 16 states to tack on a few words to do what Vermont has done and create a work-around should Congress members choose not to bite the greasy hand that feeds them.  Think about what must motivate that failure to add a call for a Constitutional Convention.

There's also the problem that should Congress and the states ever pass an amendment allowing Congress to limit campaign "contributions," Congress would still have to take the additional step of actually doing so. And you can guess as well as I can what Congress considers a reasonable limitation -- just look at the minimal limitations that Congress was imposing before the Supreme Court outrageously attacked those limits in Citizens United and McCutcheon, after which the impeachment of some justices, or the legislative removal of some powers from the Supreme Court would have made more sense than accepting that the Constitution needed changing. 

The Constitution was not intended to give rights to corporations or to equate bribery with the protected act of free speech.  But it's going to take a massive movement of public pressure to compel our government to read or rewrite the Constitution well.  So, perhaps we're just as well off rewriting it.  And that opens up all sorts of possibilities, most of which can't possibly be worse than what we've got now.  We could end the presidential system, the Supreme Court's unaccountability, gerrymandering, corporate monopolies -- including of communications media -- and the pretended legality of war.  We could create a guaranteed income and mandate environmental sustainability.

But without even diving that deeply into creating a better Constitution, we could add something like this:

<<The rights protected by the Constitution of the United States are the rights of natural persons only.

Artificial entities, such as corporations, limited liability companies, and other entities, established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law. The privileges of artificial entities shall be determined by the People, through Federal, State, or local law.

The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment.

All elections for President and members of the United States House of Representatives and the United States Senate shall be entirely publicly financed. No political contributions shall be permitted to any federal candidate, from any other source, including the candidate. No political expenditures shall be permitted in support of any federal candidate, or in opposition to any federal candidate, from any other source, including the candidate. The Congress shall, by statute, provide limitations on the amounts and timing of the expenditures of such public funds and provide criminal penalties for any violation of this section.

State and local governments shall regulate, limit, or prohibit contributions and expenditures, including a candidate’s own contributions and expenditures, for the purpose of influencing in any way the election of any candidate for state or local public office or any state or local ballot measure.

The right of the individual U.S. citizen to vote and to directly elect all candidates by popular vote in all pertinent local, state, and federal elections shall not be violated. Citizens will be automatically registered to vote upon reaching the age of 18 or upon becoming citizens at an age above 18, and the right to vote shall not be taken away from them. Votes shall be recorded on paper ballots, which shall be publicly counted at the polling place. Election day shall be a national holiday.

Nothing contained in this amendment shall be construed to abridge the freedom of the press.

During a designated campaign period of no longer than six months, free air time shall be provided in equal measure to all candidates for federal office on national, state, or district television and radio stations, provided that each candidate has, during the previous year, received the supporting signatures of at least five percent of their potential voting-age constituents. The same supporting signatures shall also place the candidate's name on the ballot and require their invitation to participate in any public debate among the candidates for the same office.>>

I'm confident that there are thousands of people who can draft this reform that well or better, that Congress will only scrape the surface (and that only if a Constitutional Convention is looming), that such a Convention actually happening would be a big step forward, and that people who are ready for serious change are starting to stand united: https://unitedwestandfest.com

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