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Resolution on Corporate Constitutional Rights
Passed by Berkeley Peace & Justice Commission on May 3, 2004
WHEREAS, Chapter 3.68 of the Berkeley Municipal Code, which contains
the initiative ordinance creating the Peace and Justice Commission, sets
forth several functions of the Peace and Justice Commission, including,
but not limited to, "(A) Advise the Berkeley City Council on all
matters relating to the City of Berkeley's role in issues of peace and
social justice, including, but not limited to support for human rights
and self-determination throughout the world; (B) Help create citizen awareness
around issues of social justice [and] (C) Help develop proposals for the
City Council in furtherance of the goals of peace and justice, and help
publicize such actions in the community;" and
WHEREAS, under the United States and California Constitutions, all sovereignty
resides with "We the People," such that people hold all inherent
political power and government derives its power from the consent of the
governed; government is created by the people and for the people for our
health, safety, and welfare; our system of government is a representative
democracy, through which the people govern; and "We the People"
are entitled to inalienable constitutional rights to wield against oppressive
governmental regulation; and
WHEREAS, "corporation" is not mentioned in the United States
Constitution; our founders did not grant corporations rights; rights were
reserved for natural people; historically corporations were created as
artificial entities, chartered by state governments to serve the public
interest, cause no harm, and be subordinate to the sovereign people; and
yet by judicial interpretations, corporations gained personhood status,
free speech and other protections guaranteed by the Bill of Rights and
the 14th Amendment; and
WHEREAS, with "corporate personhood" and First Amendment rights,
corporations dominate the political process and interfere with citizens'
control over our government as follows: corporations lobby our legislative
and regulatory bodies; with the Supreme Court's assertion that money is
a form of free speech, corporations spend vast amounts of money to influence
elections; and by virtue of their enormous wealth, corporations wield
much more influence over our government and over the media than do "We
the People"; and
WHEREAS, this corporate influence is transforming our government from
one that is "by and for the people" to one that is by and for
corporate interests; corporate influence over our government denies citizens
our right to govern through a representative democracy and subjects us
to minority rule by the wealthy few; and corporate influence has made
it difficult to maintain a living wage, a clean environment, affordable
health care, and quality education for all; and
WHEREAS, the citizens of the City of Berkeley consider it to be our sovereign
right and civic duty to recognize that corporations remain artificial
entities created by the people through our state legislatures; hope to
nurture and expand democracy in Berkeley and in our nation; and reject
the concept of corporate constitutional rights based on "corporate
personhood" or any other factor.
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley
supports amending the United States and California Constitutions to declare
that corporations are not granted the protections or rights of persons,
and supports amending the United States and California Constitutions to
declare that the expenditure of corporate money is not a form of constitutionally
protected speech.
BE IT FURTHER RESOLVED, that the City Council directs the City Manager
to send a copy of this Resolution to our state and federal government
representatives including: Governor Arnold Schwarzenegger, Majority and
Minority Leaders of the California Senate Don Perata and James Brulte,
California Assemblymember Loni Hancock, United States Senators Barbara
Boxer and Diane Feinstein, and United States Representative Barbara Lee.
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