There are clear answers to the questions posed by Joe Dzekevich in his Sept. 21 letter to the editor about the Democracy Amendment ballot question, question 4 in Harvard. The nonbinding ballot question asks voters to indicate their support for a federal constitutional amendment that would affirm that: 1. Corporations do not have the same constitutional rights as human beings, and 2. Congress and the states have the ability to limit political contributions and expenditures.
For example, contrary to Mr. Dzekevich’s assertion, Question 4, and the constitutional amendment it contemplates, would not lead to invidious discrimination. Causes such as pro-choice, the NAACP, and the Tea Party would all be safe to express their views if such an amendment were to eventually pass. After all, corporate constitutional rights are a new legal concept. They were invented in the 1970s by a U.S. Chamber of Commerce strategy team as a tactic to overrule environmental and safety legislation and regulation. Prior to that, corporations and organizations like NAACP were held not to have Constitutional rights. Yet no newspapers were shut down and no organization was subject to discriminatory governmental whims. That’s because, as the Supreme Court ruled during that period, members of organizations retain constitutional rights, which can be enforced.
The belief that corporations have the same constitutional rights as human beings is not only new, it is also detrimental to our democracy. It has opened the floodgates to a torrent of special interest money that distorts our elections and corrupts our elected representatives. It has struck down common-sense laws that protect our health and safety, such as a Massachusetts law banning tobacco advertising near schools, another requiring the disclosure of bovine growth hormones in milk, and many more. It’s time we restored the proper historical perspective that corporations are legal fictions created by and regulated by government and not the other way around. I urge you to vote yes on 4 to support a constitutional amendment to overturn “Citizens United” and related decisions.
Pam Wilmot, Executive Director
Common Cause Massachusetts
