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Separation Of Corporation And State? Amendment 28?

Corporations have gotten so out of control that there’s now a call for “Separation of Corporation and State,” a 28th Amendment to the Constitution. With companies making record profits, such as Exxon, as the rest of us suffer an economic collapse, this is some serious business!

Dr. Riki Ott is launching the movement for the 28th Amendment to the Constitution: Separation of Corporation and State. Dr Ott asks, “We have been in a lawsuit now for nearly two decades, and Exxon has managed to drag this out while it has managed to increase its profits to, basically, obscene levels: over $40 billion in net profits now. How did things get this bad?”

Dr Ott writes,

If we had had the 28th Amendment to the Constitution, Exxon would not have been able to use the 5th Amendment and the 7th Amendment.

The 7th Amendment is that facts tried by a jury cannot be undermined or revisited by higher courts. So in this case, a jury of peers, ordinary people, determined that the price that Exxon had to pay was one year’s net profit. Exxon challenged the amount, and also that punitive damages should be held at all.

Exxon also used, in a related lawsuit, the 5th Amendment. The 5th Amendment is a takings—takings of property. After the Exxon Valdez oil spill, there was a federal law passed (the Oil Pollution Act of 1990) that essentially banned the Exxon Valdez from Prince William Sound. It banned any tanker that has spilled over a million gallons from transporting oil in Prince William Sound. Exxon said, that is a takings of our future profit: that’s illegal under the 5th Amendment. If Exxon was not a person, Exxon would not have been able to apply the 5th Amendment.

Five years after the Exxon Valdez ran aground, we had our hearing, and the jury awarded us—the fishermen, the natives—$5 billion in punitive damages and $287 million in compensatory damages. Exxon appealed that $5 billion for over fourteen years, and ultimately, the Ninth Circuit Court of Appeals finally threw its hands in the air and cut the 5 billion in half. The Supreme Court, in June of 2008, slashed the $2.5 billion to $507 million.

If we’re planning on passing a livable planet onto future generations, the democracy debate needs to be entwined with the sustainable future debate, and I believe now that the best way to do that is to pass the 28th Amendment to the Constitution—separation of corporation and state—and strip corporations of their personhood.

Video after the jump.

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