Marty's Blog

Editor’s note: This article was originally published by AlterNet on Jan. 22.

A year ago today, the Supreme Court issued its bizarre Citizens United decision, allowing unlimited corporate spending in elections as a form of “free speech” for the corporate “person.” Justice John Paul Stevens, writing for the dissent, had the task of recalling the majority to planet earth and basic common sense.

“Corporations have no consciences, no beliefs, no feelings, no thoughts, no desires,” wrote Stevens. “Corporations help structure and facilitate the activities of human beings, to be sure, and their ‘personhood’ often serves as a useful legal fiction. But they are not themselves members of ‘We the People’ by whom and for whom our Constitution was established.”

Fortunately, movements are afoot to reverse a century of accumulated powers and protections granted to corporations by wacky judicial decisions.

In Vermont, state Sen. Virginia Lyons on Friday presented an anti-corporate personhood resolution for passage in the Vermont Legislature. The resolution, the first of its kind, proposes “an amendment to the United States Constitution that provides that corporations are not persons under the laws of the United States.” Sources in the statehouse say it has a good chance of passing. This same body of lawmakers, after all, once voted to impeach George W. Bush, and is known for its anti-corporate legislation. Last year the Vermont Senate became the first state legislature to weigh in on the future of a nuclear power plant, voting to shut down a poison-leeching plant run by Entergy Inc. Lyons’ Senate voted 26-4 to do it, demonstrating the level of political will of the state’s politicians to stand up to corporate power.

The language in the Lyons resolution is unabashed. “The profits and institutional survival of large corporations are often in direct conflict with the essential needs and rights of human beings,” it states, noting that corporations “have used their so-called rights to successfully seek the judicial reversal of democratically enacted laws.”

Thus the unfolding of the obvious: “Democratically elected governments” are rendered “ineffective in protecting their citizens against corporate harm to the environment, health, workers, independent business, and local and regional economies.” The resolution goes on to note that “large corporations own most of America’s mass media and employ those media to loudly express the corporate political agenda and to convince Americans that the primary role of human beings is that of consumer rather than sovereign citizens with democratic rights and responsibilities.”

Denouncing this situation as an “intolerable societal reality,” the document concludes that the “only way” toward a solution is the amendment of the Constitution “to define persons as human beings.” 

Constitutional lawyer David Cobb, the 2004 Green Party presidential candidate, recently traveled to Vermont to help draft the resolution. Cobb says it is an historic document. “This is the first state to introduce at the legislative level a statement of principles that corporations are not persons and do not have constitutional rights,” he told AlterNet. “This is how a movement gets started. It’s the beginning of a revolutionary action completely and totally within the legal framework.”

Such an amendment would be the 28th time we have corrected our founding document to reflect political reality and social change. In other words, we’ve done it 27 times before in answer to the call of history, and we can do it again. There is a groundswell of support: Seventy-six percent of Americans, according to a recent ABC News poll, said they opposed the Citizens United decision. 
The Total Weirdness of Corporate Personhood

The corporate person is the product of some plainly weird metaphysics. This astonishing fictional “person,” accorded all the rights of a human, can split off pieces of itself to form new fictional persons, can marry many other similar persons in a process called a merger, is immortal, can change its name and identity overnight, and can aggregate gigantic streams of capital with which it somehow has the right to speak. Strangely enough, the corporate person, who has neither soul nor body, is at the same time owned by many other persons called shareholders who buy and sell its parts every day—it is owned, in fact, much the way a slave is owned.

Additionally, the many-limbed, mercurial, shape-changing god-person-as-chattel can connive to murder wretched fleshy mortal persons and not be hanged by the neck or electrocuted in a chair or go to jail for life as punishment. Instead the corporate person pays out a paltry sum and goes about his or her blithe business as if no murder was committed, no crime accomplished. The corporate person can shut down whole communities by driving out business, can spread cancers in the air and water, can destroy fisheries or lay waste to forests, and do all of this with a degree of impunity provided under the vaunted protections of the Bill of Rights. The best-known and most insidious of these rights is that which allows the corporation under the First Amendment to speak freely using money—yet another twist of metaphysics masquerading as law, and one that has not gone unnoticed by the highest jurists in the land.

The “useful legal fictions,” launched into society as creatures of commerce and ostensibly at the beck and call of their creators, have freed themselves to wreak havoc on the people they were designed to help. Mere humans are arrayed against a dangerous automaton army, the army of the fictional corporate super-persons that deploy power with real-world consequences. If corporate hegemony is rightly understood as the overarching threat to world democracy today—the threat from which all other threats derive when governments stand captured by corporatocracies—then it is the absurdist legality of corporate personhood that serves as the functional lever of that hegemony. In this epochal battle for the future of planet earth, the humans against the corporations, the survival of the humans will depend on a dramatic legal assault, with nothing less than the murder of corporate personhood as the goal.
Christopher Ketcham has written for Vanity Fair, Harper’s, The Nation, Mother Jones and many other publications. He can be contacted at cketcham99@mindspring.com.

Ralph Nader in a CNN poll a few days before the 2008 presidential election had an estimated 3 percent of the electorate, or about 4 million people, behind his candidacy. But once the votes were counted, his support dwindled to a little over 700,000. Nader believes that many of his supporters entered the polling booth and could not bring themselves to challenge the Democrats and Barack Obama. I suspect Nader is right. And this retreat is another example of the lack of nerve we must overcome if we are going to battle back against the corporate state. A vote for Nader or Green Party candidate Cynthia McKinney in 2008 was an act of defiance. A vote for Obama and the Democrats was an act of submission. We cannot afford to be submissive anymore.

“The more outrageous the Republicans become, the weaker the left becomes,” Nader said when I reached him at his home in Connecticut on Sunday. “The more outrageous they become, the more the left has to accept the slightly less outrageous corporate Democrats.”

Nader fears a repeat of the left’s cowardice in the next election, a cowardice that has further empowered the lunatic fringe of the Republican Party, maintained the role of the Democratic Party as a lackey for corporations, and accelerated the reconfiguration of the country into a neo-feudalist state. Either we begin to practice a fierce moral autonomy and rise up in multiple acts of physical defiance that have no discernable short-term benefit, or we accept the inevitability of corporate slavery. The choice is that grim. The age of the practical is over. It is the impractical, those who stand fast around core moral imperatives, figures like Nader or groups such as Veterans for Peace, which organized the recent anti-war rally in Lafayette Park in Washington, which give us hope. If you were one of the millions who backed down in the voting booth in 2008, don’t do it again. If you were one of those who thought about joining the Washington protests against the war where 131 of us were arrested and did not, don’t fail us next time. The closure of the mechanisms within the power system that once made democratic reform possible means we stand together as the last thin line of defense between a civil society and its disintegration. If we do not engage in open acts of defiance, we will empower a radical right-wing opposition that will replicate the violence and paranoia of the state. To refuse to defy in every way possible the corporate state is to be complicit in our strangulation. 

“The left has nowhere to go,” Nader said. “Obama knows it. The corporate Democrats know it. There will be criticism by the left of Obama this year and then next year they will all close ranks and say ‘Do you want Mitt Romney? Do you want Sarah Palin? Do you want Newt Gingrich?’ It’s very predictable. There will be a year of criticism and then it will all be muted. They don’t understand that even if they do not have any place to go, they ought to fake it. They should fake going somewhere else or staying home to increase the receptivity to their demands. But because they do not make any demands, they are complicit with corporate power.

“Corporate power makes demands all the time,” Nader went on. “It pulls on the Democrats and the Republicans in one direction. By having this nowhere-to-go mentality and without insisting on demands as the price of your vote, or energy to get out the vote, they have reduced themselves to a cipher. They vote. The vote totals up. But it means nothing.”

There is no major difference between a McCain administration, a Bush and an Obama administration. Obama, in fact, is in many ways worse. McCain, like Bush, exposes the naked face of corporate power. Obama, who professes to support core liberal values while carrying out policies that mock these values, mutes and disempowers liberals, progressives and leftists. Environmental and anti-war groups, who plead with Obama to address their issues, are little more than ineffectual supplicants.

Obama, like Bush and McCain, funds and backs our unending and unwinnable wars. He does nothing to halt the accumulation of the largest deficits in human history. The drones murder thousands of civilians in Afghanistan and Pakistan, as they did under Bush and would have done under McCain. The private military contractors, along with the predatory banks and investment houses, suck trillions out of the U.S. Treasury as efficiently under Obama. Civil liberties, including habeas corpus, have not been restored. The public option is dead. The continuation of the Bush tax cuts, adding some $900 billion to the deficit, along with the reduction of individual contributions to Social Security, furthers a debt peonage that will be the excuse to privatize Social Security, slash social services and break the back of public service unions. Obama does not intercede as tens of millions of impoverished Americans face foreclosures and bankruptcies. The Democrats provide better cover. But the corporate assault is the same.

“Obama has the formula now,” Nader said. “You give the Republicans a lot of what they want. Many of them vote for you. You get your Democrat percentage. You weave a hybrid victory. That is what he learned in the lame-duck session. He gets praised as being a statesman and a leader and getting things done. Think of all the rewards he can contemplate while he is in Hawaii compared to what they were saying about him on Nov. 5. All the columnists and pundits say that now he can work with John Boehner. But once you take a broader view, it is the difference in the mph of corporatism. McCain is 50 miles per hour and Obama is 40 miles per hour.

“The left has disemboweled itself,” Nader said. “It doesn’t even have a strategy every four years like a good poker player. The best example is Richard Trumka and the AFL-CIO. Obama has given them nothing. Therefore, they are demanding nothing. They huff and puff. They make tough speeches. But Trumka hasn’t even made Obama’s campaign pledge of a $9.50 minimum wage by this year an issue. If you want to increase consumer demand, what better way to do it than to unleash $300 billion in wages? The card check for unionization, which Obama pledged as his No. 1 sop to the labor unions, is dead. The unions do not even demand a hearing. And now wait till you see what they will do to the public employee unions. Part of it is their own fault. They are going to be crushed. Everybody is ganging up on them. You have new class warfare. It is non-unionized lower income and middle class taking it out on the unionized middle-income public employees. It is a classic example of oligarchic manipulation. It will start playing out big time in New York State with Andrew Cuomo and others. They will start saying, ‘Why are you getting this? Most workers who pay the taxes, who pay your salaries, are not getting this.’ This plays.”

The banishment from the corporate media, Nader argues, has been one of the major contributors to the demoralization and weakening of the left. Protests by the left, which get little national or local coverage, have steadily dwindled in strength across the country. The first protest gets little or no coverage and this leads to movements, as well as the voices of activists, being diminished and finally suffocated. 

“The so-called liberal media, along with Fox, is touting the tea party and publicizing Palin,” Nader said. “There was an editorial on Dec. 27 in The New York Times on the Repeal Amendment, the right-wing constitutional amendment to allow states to overturn federal law. The editorial writer at the end had the nerve to say there is no progressive champion. The editorial said that the liberals and progressives have faded out to let the tea party make history. And yet, for months, all The New York Times has done is promote Sarah Palin and Glenn Beck. They promote Newt Gingrich and the neocons on the Op-Ed pages. The book pages of the newspaper ignore progressive authors and pump all the right-wing authors.

“If we don’t raise hell, we won’t get any media,” Nader said. “If we don’t get any media, the perception will be that the tea party is the big deal.

“On one notorious Sunday, Oct. 10, two of The New York Times’ segments led with a big story about Ann Coulter and how she will change her strategy because she is being outflanked by others,” Nader said. “There was also a huge article on this anti-Semite against Arabs, this Islamaphobe, Pam Geller. Do you know how many pictures they had of Geller? Twenty on this front-page segment. The number of anti-war Op-Eds in The Washington Post over nine months in 2009 was 6-to-1 pro-war. We don’t raise hell. We don’t say Terry Gross is a censor. We don’t say that Charlie Rose is a censor. We have got to blast publicly. We have got to hammer them, because they are the tribune of right-wing fascist forces.

“Three thousand people rallied to protest the invasion and massacre in Gaza two years ago,” Nader said. “It was held four blocks from The Washington Post. It did not get a single paragraph. People should march over to the Post and say ‘Fuck you! What are you doing here? You cover every little blip by the right-wing and you don’t cover us?’ 

“They are afraid of the right-wing because the right-wing bellows, and they have become right-wing,” Nader said of the commercial press. “They have become fascinated by the bias of Fox. And they publicize what Fox is biased on. The coverage of O’Reilly and Beck and their fights is insane. In the heyday of coverage in the 1960s of what we were doing, it was always less than it should have been, but now it is almost zero. Why do we take this? Why do we accept this? Why isn’t Chris Hedges three times a year in the Op-Ed? Why is it always Paul Wolfowitz and Elliott Abrams and all these homicidal maniacs? Why are they there? Why is John Bolton constantly published in The Washington Post and The New York Times? Where is Andrew Bacevich? Bacevich told me he has had five straight Op-Eds rejected by the Post and the Times in the last two years. And he said he is not inclined to send anymore. How many times do you hear Hoover Institution? American Enterprise Institute? Manhattan Institute. These goddamned newspapers should be picketed.”

The timidity and silencing of the left fuels the steady impoverishment of a dispossessed working class and a beleaguered middle class. It solidifies a corporate oligarchy that is dismantling the anemic regulatory agencies that once protected citizens from predatory corporations. The economic system is designed to bail out Wall Street rather than replace the trillions of dollars and millions of jobs lost by workers. And the only hope left, Nader argues, is if the conservatives in the right-wing movement break from the corporatists. If the big banks again start going to the cliff and calling for new bailouts, Nader says, this may provoke a schism between conservative groups embodied by figures such as Ron Paul, and corporate lackeys.

“Every major movement starts with field organizers, the farmers, unions, and the civil rights movement,” Nader said. “But there is nothing out there. We need to start learning from what was done in the past. All over the country people are pissed off. They hate Wall Street. They know they are being gouged. They know they are slipping behind. They know their kids will not be as well off as they were, and they were not that well off. But no one is putting it together. Who could put a thousand organizers in the field, besides George Soros? The labor unions. They have the money. They have a lot of cash. These idiots are going down. The UAW is a paradigm of a suicidal, supplicant labor union. It is disgusting. They are a puppy dog of GM, Ford and Chrysler. They have huge reserves. The labor unions could organize the country, but they are into their own emoluments and high salaries. The union leadership has so distanced itself from the rank and file that it is ashamed to do anything controversial. These union leaders will not go on TV on Labor Day because they do not want someone saying ‘Why are you making $500,000 a year with a pension that is six times your rank and file?’ There is corruption at the top. The only way the union leaders can continue is to be in the shadows. And you don’t build a strong movement in the shadows.

“The black swan question is whether something will erupt that is rare, extreme and unpredictable,” Nader said. “It is amazing that it hasn’t happened in any pockets of the country. How much more can the oppressed take before they revolt? And can they revolt without organizers? These are the two important questions. You have got to have organizers, and as of now we don’t.”

The following is a personal appeal from Ron Kovic, Vietnam War veteran and author of “Born on the Fourth of July,” to Iraq and Afghanistan war veterans and active-duty service members. Kovic issued the appeal on Dec. 12, 2010, to bring more veterans and GIs into the anti-war struggle and to support the work of March Forward! To learn more about March Forward! visit their website here.

As a former United States Marine Corps infantry sergeant who was shot and paralyzed from the mid-chest down on Jan. 20, 1968, during my second tour of duty in Vietnam, and as someone who has lived with the wounds of that war for over 40 years, I am writing this letter to ask you to join me as we begin a critical new phase in the growing anti-war movement.

Many of you have already served multiple deployments in Iraq and Afghanistan. You have been coming home now for almost 10 years. Many have begun to question, to doubt these wars and our leaders. More than 2 million of you have served honorably in both theaters of conflict. Though many years separate us, we are brothers and sisters.

Though we have fought in conflicts generations apart, we have all been to the same place. We know what war is. We understand it, and for many of us, our lives will never be the same again. In many ways, we represent a very powerful force in our country—a moral, spiritual, and political high ground that is unassailable, a potential to transform our nation that is undeniable. No one knows peace or the preciousness of life better than the soldiers who have fought in war, or been affected by it directly; the mother of a son who has died; a wife who will never see her husband again; a child who will never have a father; a father who will never see his son again.

For it is we who live with the physical and emotional scars of war, and we who live with these wounds every day and feel their weight and pain every morning. It is we who have walked and wheeled through the streets of our country and watched children stare at us and wonder why. And it is we who cry out now for the future, for a world without war.

We are the reminders of what war can do, of how it can wound and hurt, and diminish all that is good and human. We struggle everyday to believe in a life that was almost taken from us. We know that even though we have lost, though parts of our bodies may be missing, though we may not be able to see or feel, we are important men and women, with important lessons to teach, with important things to share.

Those of us lucky enough to have survived combat yearn for life now, for beauty, for all that is decent and good, for in war we saw the worst in the human being. We saw poverty and death, killing and savagery, the darkest sides of the human soul, the most hated parts of our humanity.

I, like many Americans who served in Vietnam and those now serving in Iraq and Afghanistan (and countless human beings throughout history), had been willing to give my life for my country with little knowledge or awareness of what that really meant.

Like many of you who joined up after 9/11, I trusted and believed and had no reason to doubt the sincerity and motives of my government. It would not be until many months after being wounded, and while recovering at a veterans’ hospital in New York, that I would begin to question whether I and the others who had gone to that war had gone for nothing.

Change does not come easily, and opposing one’s government during a time of war is often very difficult. You’ve been taught to follow orders, to obey and not question, to go along with the program and do exactly what you’re told. You learned that in boot camp. You learned that the day the drill instructors started screaming at you. It is “Yes, sir!” and “No, sir!” and nothing in between. There is the physical and verbal abuse, the vicious threats and constant harassment to keep you off balance. It is a powerful conditioning process, a process that began long ago, long before we signed those papers at the recruit stations of our hometowns, a process deeply ingrained in the American culture and psyche, and it has shaped and influenced us from our earliest childhood.

The late Dr. Martin Luther King Jr. once joined with the group Clergy and Laymen Concerned About Vietnam in declaring that “A time comes when silence is betrayal.” King went on to say, “The truth of these words is beyond doubt, but the mission to which they call us is a most difficult one. Even when pressed by the demands of inner truth, men do not easily assume the task of opposing their government’s policy, especially in time of war.

“Nor does the human spirit move without great difficulty against all the apathy of conformist thought within one’s own bosom and in the surrounding world. Moreover, when the issues at hand seem as perplexing as they often do in the case of this dreadful conflict, we are always on the verge of being mesmerized by uncertainty; but we must move on.”

More than 40 years have passed since Dr. King spoke those words to an overflow crowd at the Riverside Church in New York City in 1967, and the tragic lessons of Vietnam continue to go unheeded. The same patterns of wars, lies, aggression and brutality continue to repeat themselves. Another country, another occupation, another reason to hate and fear, but in the end it is the same crime being committed over and over again, the same innocent civilians being killed, the same young men and women returning home in caskets and body bags and wheelchairs.

We have petitioned our government time and time again. We have peacefully marched and demonstrated for over a decade, yet the killing and mayhem continues. Precious lives continue to be wasted as another generation of young men and women are squandered in this, our latest foreign policy debacle.

Our leaders refuse to listen. They refuse to learn. How many more senseless wars, flag-draped caskets, grieving mothers, paraplegics, amputees, stressed-out sons and daughters, innocent civilians slaughtered before we finally decide to break the silence of this shameful night? Many of us trusted and believed that change would come, that these wars would end, and that we would finally we be listened to. But that is not at all what has happened. We have been tragically misled.

We have been deceived and betrayed. We have been promised peace and we have been given war. We have been told there would be change and nothing is changing. Rather than learning the lessons from the disastrous fiasco in Iraq, our government continues down the path of destruction, brutality, aggression and war, dragging us deeper into another senseless and unnecessary conflict in Afghanistan. The physical and psychological battles from the wars in Iraq and Afghanistan will rage on for decades, deeply impacting the lives of citizens in all countries involved.

As the 43rd anniversary of my wounding in Vietnam approaches, in many ways I feel my injury in that war has been a blessing in disguise. I have been given the opportunity to move through that dark night of the soul to a new shore, to gain an understanding, a knowledge, a completely different vision. I now believe that I have suffered for a reason, and in many ways I have found that reason in my commitment to peace and nonviolence. We who have witnessed the obscenity of war and experienced its horror and terrible consequences have an obligation to rise above our pain and sorrow and turn the tragedy of our lives into a triumph.

I have come to believe that there is nothing in the lives of human beings more terrifying than war, and nothing more important than for those of us who have experienced it to share its awful truth.

A time comes when a people can no longer wait. A time comes when the agonies, the suffering, have become too great. A time comes when a people must act and do what is necessary. Lives are at stake. No longer can we trust the president or politicians to end these wars. No longer can we believe them when they say the troops will come home soon. They have long since lost their credibility.

Each day that passes, another life is lost. Each hour that this war drags on, the need for a daring new approach by the anti-war movement becomes more apparent. Bold, creative, and imaginative leadership is needed, and I do not believe there is a group more suited for that task at this time than the veterans of our nation’s most recent conflict.

At 10 a.m. on Thursday, Dec. 16, 2010, veterans of Iraq and Afghanistan, including troops now serving in the armed forces of the United States, led a dramatic act of nonviolent civil disobedience in front of the White House in Washington, D.C., with other brave veterans and citizens, protesting the wars in Iraq and Afghanistan, calling for all troops to be brought home immediately and without delay. (Click here to learn more about this action)

May this action and others like it in the days ahead represent a growing awareness by the American people that only they can end these wars and begin to redirect the priorities of our nation toward more positive and life-affirming goals.

I am writing this letter to you today asking you to join them on that day—and the difficult days ahead, to bravely and with great dignity step over that line you’ve not stepped over before and begin to exert that powerful moral force you as veterans and active-duty troops represent; to raise your voices, to protest, to demonstrate, to end these wars and make our country a better place.

This is my hope. This is my prayer.

With great admiration and respect,

Ron Kovic
Vietnam veteran
Author, “Born on the Fourth of July”