Sotomayor Issues Challenge to a Century of Corporate Law - WSJ.com

Sotomayor Issues Challenge to a Century of Corporate Law - WSJ.com

WASHINGTON -- In her maiden Supreme Court appearance last week, Justice Sonia Sotomayor made a provocative comment that probed the foundations of corporate law.

During arguments in a campaign-finance case, the court's majority conservatives seemed persuaded that corporations have broad First Amendment rights and that recent precedents upholding limits on corporate political spending should be overruled.

But Justice Sotomayor suggested the majority might have it all wrong -- and that instead the court should reconsider the 19th century rulings that first afforded corporations the same rights flesh-and-blood people have.

Judges "created corporations as persons, gave birth to corporations as persons," she said. "There could be an argument made that that was the court's error to start with...[imbuing] a creature of state law with human characteristics."

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"A corporation is an artificial being, invisible, intangible," Chief Justice John Marshall wrote in an 1819 case. "It possesses only those properties which the charter of its creation confers upon it."

But as the Industrial Revolution took hold, corporations proliferated and views of their functions began to evolve.

In an 1886 tax dispute between the Southern Pacific Railroad and the state of California, the court reporter quoted Chief Justice Morrison Waite telling attorneys to skip arguments over whether the 14th Amendment's equal-protection clause applied to corporations, because "we are all of opinion that it does."

That seemingly off-hand comment reflected an "impulse to shield business activity from certain government regulation," says David Millon, a law professor at Washington and Lee University.

"A positive way to put it is that the economy is booming, American production is leading the world and the courts want to promote that," Mr. Millon says. Less charitably, "it's all about protecting corporate wealth" from taxes, regulations or other legislative initiatives.

Subsequent opinions expanded corporate rights. In 1928, the court struck down a Pennsylvania tax on transportation corporations because individual taxicab drivers were exempt. Corporations get "the same protection of equal laws that natural persons" have, Justice Pierce Butler wrote.

From the mid-20th century, though, the court has vacillated on how far corporate rights extend. In a 1973 case before a more liberal court, Justice William O. Douglas rejected the Butler opinion as "a relic" that overstepped "the narrow confines of judicial review" by second-guessing the legislature's decision to tax corporations differently than individuals.

Today, it's "just complete confusion" over which rights corporations can claim, says Prof. William Simon of Columbia Law School....

Appeals court overturns campaign finance rules - Yahoo! News

Appeals court overturns campaign finance rules - Yahoo! News

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By NEDRA PICKLER, Associated Press Writer – Fri Sep 18, 2:23 pm ET

WASHINGTON – Independent advocacy groups will be able to spend more money to try to influence federal elections under a decision Friday from a federal appeals court that overturned rules limiting nonprofits' campaign spending.

Three judges of the U.S. Court of Appeals in Washington agreed with Emily's List, a nonprofit that backs women Democratic candidates who support abortion rights, that the regulations limited free speech rights.

The Federal Election Commission enacted the rules in 2005, after concerns were raised about the amount of unlimited "soft money" contributions used to fund attacks in the 2004 election.

The FEC said nonprofits would have to pay for political activities involving federal candidates using limited "hard money" contributions. Individuals are only allowed to donate up to $5,000 annually to a nonprofit that indicates it plans to use the money to support or oppose a federal candidate.

"The First Amendment, as interpreted by the Supreme Court, protects the right of individual citizens to spend unlimited amounts to express their views about policy issues and candidates for public office," the court ruling said. The First Amendment also "safeguards the right of citizens to band together and pool their resources as an unincorporated group or nonprofit organization in order to express their views about policy issues and candidates for public office." ...

New CIA Docs Detail Brutal "Extraordinary Rendition" Process

New CIA Docs Detail Brutal "Extraordinary Rendition" Process
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The document provides a step-by-step manual for extraordinary renditions.

The process starts with "capture shock." The detainee is subject to a medical examination prior to his flight. During the flight, the detainee is securely shackled, and is deprived of sight and sound through the use of blindfolds, earmuffs and hoods.

The detainee is "in the complete control of Americans." The detainee is stripped naked and shaved. A "series of photographs are taken of the HVD while nude." A medical officer and a psychologist play key roles in the process (though their professional ethics rules would prohibit such conduct.)

All of these practices are carefully engineered to facilitate the interrogation process. Nudity, sleep deprivation and dietary manipulation are used as standard preparatory steps. It then details the standard "corrective techniques:" these are a series of physical assaults labeled with innocuous titles like insult slap, abdominal slap, facial hold and attention grasp. "Coercive techniques" used include: walling (slamming a prisoner's head against the wall, with some protective measures to avoid severe injuries), water dousing, the use of the stress position (known to the inquisition as the strapado, to the Germans in World War II as Pfahlbinden), wall standing (referred to by the NKVD and KGB as stoika) and cramped confinement. Because of substantial redactions, it seems unlikely that this list is complete.

None of this information is surprising. In fact it all tallies perfectly with the description of the renditions program that can be derived from the report prepared by the International Committee of the Red Cross, which used the appropriate legal designation for these techniques: "torture." ...

Editorial Observer - A Century-Old Principle - Keep Corporate Money Out of Elections - NYTimes.com

Editorial Observer - A Century-Old Principle - Keep Corporate Money Out of Elections - NYTimes.com

The founders were wary of corporate influence on politics — and their rhetoric sometimes got pretty heated. In an 1816 letter, Thomas Jefferson declared his hope to “crush in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength and bid defiance to the laws of our country.”

This skepticism was enshrined in law in the early 20th century when the nation adopted strict rules banning corporations from contributing to political campaigns. Today that ban is in danger from the Supreme Court, which hears arguments next month in a little-noticed case that could open the floodgates to corporate money in politics.

The court has gone to extraordinary lengths to hear the case. And there are worrying signs that there may well be five votes to rule that the ban on corporate contributions violates the First Amendment.

The origins of the ban lie in the 1896 presidential race, which pitted the Republican William McKinley against William Jennings Bryan, the farm-belt populist. Bryan was a peerless orator, but McKinley had Mark Hanna — the premier political operative of his day — extracting so-called assessments from the nation’s biggest corporations and funneling them into a vast marketing campaign.

McKinley, who outspent Bryan by an estimated 10 to 1, won handily, proving Hanna’s famous dictum: “There are two things that are important in politics. The first is money, and I can’t remember what the second one is.”

Popular outrage over corporate contributions reached a high point in the 1904 election.

The defeated candidate, the Democrat Alton Parker, charged — accurately, it turned out — that his opponent had been bankrolled by large life insurance companies. “The greatest moral question which now confronts us is,” Parker insisted, “shall the trusts and corporations be prevented from contributing money to control or aid in controlling elections?”

In 1907, Congress passed the Tillman Act, the first federal law barring corporate campaign contributions. States adopted similar laws. ...

oligarchy of powerful interest groups, such as the financial sector, the military/security complex about which President Eisenhower warned, and AIPAC.

Europe’s Complicity in Evil : Information Clearing House - ICH

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“Terrorist threat” is the excuse for these Gestapo practices. However, there have been no domestic acts of terrorism in 8 years. The few “plots” that led to arrests were all instigated by FBI agents in order to keep the nonexistent threat alive in the public’s mind. Yet, despite any real terrorist threat the police state continues to gain ground. Considering the extent of America’s oppression of peoples abroad, one would expect much more blowback than has occurred, assuming that 9/11 was not itself an inside job designed to provide an excuse for America’s wars of aggression in Afghanistan, Iraq, and Pakistan.

Europe must look beyond the empty American political rhetoric about “freedom and democracy” and recognize the emerging Brownshirt American State. Democracy is slipping away from America. Its place is being taken by an oligarchy of powerful interest groups, such as the financial sector, the military/security complex about which President Eisenhower warned, and AIPAC. Political campaign contributions from interest groups determine the content of US domestic and foreign policy. A country in which political elites are above the law and can violate with impunity both laws against torture and constitutional protections of civil liberties is not a free country.

American political leaders and the American people need Europe’s help in order to avoid the degeneration of the American political entity. American freedom, as well as sovereign independence elsewhere in the world, require criticisms of US foreign and domestic policies. The US media, which was concentrated into a few hands during the Clinton administration, functions as a Ministry of Propaganda for the government. It was the New York Times that gave credibility to the neoconservative propaganda and forged documents that were used to sell the invasion of Iraq to the public. It was the New York Times that sat for one year on the evidence that the Bush administration was committing felonies by violating the Foreign Intelligence Surveillance Act. It was not until after Bush was re-elected that the reporter was able to force his story through editorial opposition. Americans need criticism from Europe to compensate for the absence of an independent American media. Americans need outside help in order to reach an understanding of the immorality of their government’s policies, because they receive no such help from their own media. Without Europe’s help, Americans cannot regain the spirit of liberty and tolerance bequeathed to them by their Founding Fathers. America herself is a victim of the neoconservative and liberal internationalist pursuit of US hegemony.

We in America need to hear many voices telling us that it is self-defeating to become like an enemy in order to defeat an enemy. As Germans learned under Hitler and Russians learned under Stalin, it is the internal enemy--the unaccountable elite that controls a country’s government--that is the worst and most dangerous enemy.

If America has enemies who are against “freedom and democracy,” then America herself must make certain not to sacrifice her own civil liberties, and the sovereignty of other peoples, to a “war on terror.” Acts of terror are a small cost compared to the cost of the erosion of civil liberties that took centuries to achieve. Far more people died to achieve liberty than have died in terrorist attacks.

The United States cannot pretend to be a guarantor of liberty when the US government takes away liberty from its own citizens.

The United States cannot pretend to be a guarantor of peace and democracy when the US government uses deception to attack other lands on false pretenses.

Europe, whose culture was wrecked by 20th century wars, Europe, which has experienced tyranny from the left-wing and from the right-wing, has a right to its own voice.

America needs to hear this voice. ...

�� US Hypocrisy Astonishes the World����������������������� : Information Clearing House - ICH

US Hypocrisy Astonishes the World : Information Clearing House - ICH
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What does the world think of the United States? The American War Secretary and a US military veterans association think a photo of an injured and dying American soldier is insensitive, but not the wipeout of an Afghan village that came to get needed fuel.

The US government is like a criminal who accuses the police of his crime when he is arrested or a sociopathic abuser who blames the victim. It is a known fact that the CIA has violated US law and international law with its assassinations, kidnappings and torture. But it is not this criminal agency that will be held accountable. Instead, those who will be punished will be those moral beings who, appalled at the illegality and inhumanity of the CIA, leaked the evidence of the agency’s crimes. The CIA has asked the US Justice (sic) Department to investigate what the CIA alleges is the “criminal disclosure” of its secret program to murder suspected foreign terrorist leaders abroad. As we learned from Gitmo, those suspected by America are overwhelmingly innocent.
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Accusing the truth-teller instead of the evil-doer is the position that the neoconservatives took against the New York Times when after one year’s delay, which gave George W. Bush time to get reelected, the Times published the NSA leak that revealed that the Bush administration was committing felonies by violating the Foreign Intelligence Surveillance Act. The neocons, especially those associated with Commentary magazine, wanted the New York Times indicted for treason. To the evil neocon mind, anything that interferes with their diabolical agenda is treason.

This is the way many Americans think. America uber alles! No one counts but us (and Israel). The deaths we inflict and the pain and suffering we bring to others are merely collateral damage on the bloody path to American hegemony.

The attitude of the “freedom and democracy” US government is that anyone who complains of illegality or immorality or inhumanity is a traitor. The Republican Senator Christopher S. Bond is a recent example. Bond got on his high horse about “irreparable damage” to the CIA from the disclosures of its criminal activities. Bond wants those “back stabbers” who revealed the CIA’s wrongdoings to be held accountable. Bond is unable to grasp that it is the criminal activities, not their disclosure, that is the source of the problem. Obviously, the whistleblower protection act has no support from Senator Bond, who sees it as just another law to plough under.

This is where the US government stands today: Ignoring and covering up government crimes is the patriotic thing to do. To reveal the government’s crimes is an act of treason. Many Americans on both sides of the aisle agree.

Yet, they still think that they are The Virtuous Nation, the exceptional nation, the salt of the earth.