Corporate contributions rest on court reporter error.
(EUGENE, Ore.) - Corporate “campaign contributions” now count for constant power-seeking impacts to control government everywhere, at every level from precinct to Congress. Even the Presidency is policy-affected, not only in “choice via election” but on every action-shaping decisionthen following.
Congress itself is irredeemably surrounded -- and too often then prevailed-upon-- by overwhelming troops of lobbyist-tribesmen, by recent count 100-to-ONE. They carry, not shields bearing visible corporate logos, but many carefully-wrapped forms of rapid elected-representative support.
But somehow --you can count on it-- no matter how wrapped, that support never arrives except for sure-and-solid action, always ostensibly taken solely for commonweal interests. K Street in D.C. is pulsing and heavily profiting from what has become the Capital City’s leading industry by far.
Private/profit-motivated sorting, shaping and securing selective steps and public-law statements -- precisely as corporate PR demands-- has long ago overtaken any otherwise-directed concentration in our Congress.
“All politics is local”, a famous D.C. voice stated long ago. Proof of that now/too-aromatic pudding is found in this same overwhelming shift to similar situations in every State capital, every large-city political-machine organization for both parties, and, notoriously, in every voting precinct, too.
“Ubiquitous” is the only truthful characterization for this deplorable, deteriorating, extremely dangerous situation in our once/sincerely-democratic nation, now. Not only does corporate power overwhelm our democracy via legislative-shaping, it steals millions every day in wages-withheld, workers-manipulated and abused, and avoidance of oversight and regulation providing the only safeguards the public and the workers ever had.
Ironically those were first won by painful union conflict, reducing corporate power to forced cooperation during bearlier days prior to Reagan deregulation impacts. That unrelenting attack on unionism continues to this day, supplementing and extending damages to the middle class and working families across this nation.
Those confluent costs run far, far-more than the natural losses otherwise to be expected in any complex modern society --a drain probably far more, in the long run of decades-in-being, than even our “wasting wars”. HOW could this ever be allowed to happen?
WHO worked, in what ways, to saddle on us, not so suddenly, any such sure and symbolic pattern for such profound perversion of what was once an imperfect but functioning --and world/acclaimed-- “experiment in democracy”?
The story is simple, seductive and seriously documented. It starts --as does so much else-- in determined, long-continued business-group actions seeking to still further advance and guarantee the private-profits driving philosophy.
Now so obviously become one of democracy’s worst assailants, for decades during our early development that was the motivating muscle for what our nation could become.
“American exceptionalism” became the world-wide recognized chief characteristic for us --reflecting our demonstrated determination to achieve, qualitatively AND quantitatively, beyond the levels reached by other nations.
Among most important, essential rapid development of transport across, around and everywhere within the emerging nation, heavy-duty railroad was the major requirement.
That was heavily-capitalized via enormous land grants to emerging corporations from both national andstate sources.
For anyone with experience in such relationships, what happened is no surprise: That demanded heavy-duty control of our emerging national political patterns, mechanisms and protocol. Quite naturally --for business-driven Americans-- that meant corporate control of any combination of our governance-management patterns.
Naturally that included state and national-level legislative functions, as well as the local level; action was already well underway there, ever since ‘76. The “Chicago pattern”, so familiar there much later, actually started long, long prior to Chicago-times --in early Colonial days, as familiar carry-over from English experience.
In turn --again quite naturally for all business dominated interests-- the chosen weapon rapidly became the dollar --by far the most available and powerful. For corporate contingents, it was simply the well worn tool always at hand and ready, already recognized for potent impacts and effectiveness where and when used.
Main driving force for special dispensation of these human-persona “rights” was --surprise!-- the great economic power of the railroad expansion so essential to national development.
Many efforts --via legal/suit and sometimes other means far less legal but immediately effective-- were put into train in succeeding decades, but none managed the demanded manipulation clearly and completely.
Until “Santa Clara County vs. Southern Pacific Railroad”, in 1888. That case has been the reef around which this entire controversy has continued ever since. Recent research has now uncovered correspondence between Supreme Court Chief Justice Morrison R. Waite and court reporter J.C. Bancroft Davis which many see as proof of conspiracy by railroad corporations to create misrepresentation by Davis in his case report, on which the long-held “precedent” was based. (See Internet sources for full details of this very complex past history, too involved for space here.) So now --in dawning years of the 21st Century-- we find ourselves forced to cope with a carryover consequence from the politics of the 19th Century.
Perhaps essential and acceptable pattern and protocol then, it is far from that now. “Corporate campaign contributions” represent perhaps the strongest, most influential, and most dangerous threat to our American democracy we have ever faced.
That is plain and simple English-language factual description of the “unforeseen consequence” involved here: The carefully/arranged and surely paid/for “error” by the court clerk, penning a pattern of very-partial statement by his judge, which has since been promoted to the royal routine of “legal precedent”.
I find it ironic in the extreme that his hand guiding a quill pen or equivalent then, set forth a powerful “unforeseen consequence”, precisely as predicted by Adam Smith and others even earlier in economic history. That’s what now guides, shapes, and controls the massive amounts of corporate-power monies thrown constantly, rapidly and continually at every one of our elected representatives, at every level of governance.
Civil law now provides a full measure of protections and provisions for corporate needs. We no longer need to pretend that a business persona is other than the “legal fiction” it has been designated ever since pre-Colonial days.
The basic learning-principle stated, stressed and amplified by Adam Smith et al over the past century, is that “man creates these situations by commonplace accident” --usually as result of complex “unforeseen consequences” brought on by further forward progress. What then follows --”as the day does the night”, to cite one expert-- is that “man can change, deny, adapt, even perfect what was done previously.”
NOW we need to clear away and completely clarify this dangerous false-persona for corporate interests claiming the political free-speech rights our Founders clearly meant to provide ONLY for Real Human Beings.
There are practical tests simple to apply, allowing Congress now to clear away this violent money-power attack on our democracy.
Humans ARE “human” -- with essential and unmistakable human-physical characteristics! Sterling-quality Congressional public-protection action should be among the most essential undertaken in this surely “transformative administration.”
Let the human voices arise from human throats, rather than from piles of pelf and profits seeking stillmore-of-same.
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Reader’s Note: For comprehensive summary of the complex history involved in this long-continued controversy, see the Internet’s Wikipedia; space here precludes details. More than twenty sources and references were consulted for this Op Ed, including writer’s files. Quotes are partial, summarized, shortened for space needs. Verbatim quotes and source list available on request to Editor with ID.
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Henry Clay Ruark is the one of, if not the most experienced, working reporter in the state of Oregon, and possibly the entire Northwest. Hank has been at it since the 1930's, working as a newspaper staff writer, reporter and photographer for organizations on the east coast like the Bangor Maine Daily News.Today he writes Op-Ed's for Salem-News.com with words that deliver his message with much consideration for the youngest, underprivileged and otherwise unrepresented people.
Op Ed: 'Legal Fiction'Salem-News.com