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Beware the Madoff Diversion!

by: Richard Grossman, t r u t h o u t | Perspective

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While Bernard Madoff is facing prison, he is not the only corporate crook. (Photo: Reuters Pictures)

    Sure, there are crooks out there. But the overwhelming majority of actions by corporate directors and managers that have created today's messes have been legal.

    Not only legal, but also widely regarded as necessary and essential to sustain the American Way of Life. To put food on our tables. To heat our homes. To provide jobs. To defend liberty and freedom ...

    Simply put: Giant business and financial corporations govern. The few who run them make the governing decisions that dictate people's work, living conditions, health and the nature of our communities.

    Business and financial corporations are not simply "market players." Although, in legal terms, corporations are mere "fictions of the law," they function as political forces. They concentrate wealth and power so their directors and managers can impose their values upon communities, the nation, the earth.

    Corporate directors and managers have long defined how people live, what people do. Sometimes, they take their paychecks from their corporations, sometimes, from our governments. For generations, they've been writing our laws, propagandizing our children, dictating policy, plundering the planet. To gain such power, they long ago got Congress, federal judges and state legislatures to wrap their corporate bodies in the Constitution of the United States. To bestow upon their corporate "fictions" the authority to govern.

    Armed with "freedom of speech," "due process," "equal protection of the law," the "commerce clause," "the contracts clause," and other constitutional powers, corporate directors and managers have been wielding the law to deny people's most fundamental human rights.

    Corporate directors and managers have been making "private" decisions, which in an authentic democracy must be made by people in community via democratic processes.

    Their real bottom line is not that their corporations are "just too big to fail." It's that without giant corporations, we helpless human earthlings could do nothing to meet our needs. That we would languish freezing, starving, unemployed, unentertained, vulnerable, in the dark.

    After the great savings and loan thefts, after the great WorldCom and Enron Corporation thefts - after every financial cataclysm of the past century - people have been assured that the problem was "greed and excess."

    There were always pundits and politicians galore to declare "greed and excess," just as there were always Madoffs galore to personify such evils. So, as night followed day, legislatures passed laws to regulate "greed and excess." And then they told us to go home and relax ... everything would be O.K.

    Sure, Madoff and his ilk are major crooks. They've caused great harm to many people. There are laws aplenty to deal with such obvious crooks - so they'll end up in jail and good riddance.

    But after the Madoffs of every generation are all locked up, most of the corporate directors and managers who "legally" plunged the nation into these messes continue governing over the nation. They keep instructing people that the source of the nation's problems is "greed and excesses," and "crooks." They keep spending the people's money to set things right. And they keep writing We the People's laws.

    Isn't that what's happening today?

    Corporate directors and managers count on our being desperate to return to the way things were, on our not changing who's calling the shots or the laws of the land, which have long enabled a corporate class to rule.

    So, let's not let ourselves be distracted by a few high-profile crooks on perp walks. Let's beware "greed and excess." Instead, we can scrutinize constitutional law and statute law and judge made law that have long empowered a relative handful of corporate directors and managers to deny We the People's most fundamental rights ... to prevent us from governing ourselves.

    To stop corporate cataclysms from crashing down upon us and the earth over and over and over again, and to drive human-friendly, planet-loving values into law and policy, We the People can rewrite basic constitutional doctrines regarding corporate "fictions," flesh and blood human beings and earth rights.

    To do this, we'll have to assume the authority to govern ourselves.

    Isn't that a revolutionary idea?

    ---------

    Grossman is the author of articles and books about corporations, the economy, labor, environment and legal history. He is also co-founder of the Program on Corporations, Law and Democracy (POCLAD) (1994); co-founder of Stop the Poisoning Schools (1986) and Democracy Schools (2003). He lives in New York's Catskill Mountains and is reachable at rgrossman@riseup.net.

  

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Grossman is the author of articles and books about corporations, the economy, labor, environment and legal history. He is also co-founder of the Program on Corporations, Law and Democracy (POCLAD) (1994); co-founder of Stop the Poisoning Schools (1986) and Democracy Schools (2003). He lives in New York's Catskill Mountains and is reachable at rgrossman@riseup.net.

Comments

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Excellent article! Please

Excellent article! Please also note that the court decision that supposedly granted "corporate personhood" did no such thing. What granted it was a misapplication and misinterpretation of that decision, peppered by huge applications of propaganda and a corrupt legal system.

Try reading "Confessions of

Try reading "Confessions of an Economic Hitman" by John Perkins, where he talks of working for "Corporatocracies" who control the goverment etc.

The Supreme Court decision

The Supreme Court decision granting individual rights to corporations started this mess. That decision should be overturned. Period.

If you want to gut the

If you want to gut the corporations; 1. Quit buying they're products. 2. Quit buying they're products. 3. etc. We have gardens and close community to think about. We should quit holding wealth on a pedestal. Wealth is found in your community, it's called neighbors. Wed, 03/18/2009 - 18:19 β€” CraigG (not verified) Try reading "Confessions of an Economic Hitman" by John Perkins, where he talks of working for "Corporatocracies" who control the government etc. Also read "In the Absence of the Sacred" by Jerry Mander. And check out 'Pachamama', it can be googled. There are forces in this world that oppose the international corporations. We should all join or shut up and munch them GMO's

After Bush got through

After Bush got through pandering the greed of big business throughout this administration, it really remains difficult to trust any of these guys at the top, who will living on the large side whatever transpires this year and next.

I agree with you completely,

I agree with you completely, Richard. And as you pointed out, this is happening not only in the United States as these corporations impose their distorted values across the planet. And governments have much to do with what fuels it. Here in the Philippines, the Securities and Exchange Commission and the Bangko Sentral ng Pilipinas are under fire for their negligence and complicity in failing to check the power of several corporations owned basically by one individual which defrauded thousands of bank depositors and pre-need plan policyholders of their hard-earned money. It's high time that we start a concerted global movement that will curtail the power of corporations and restore power back to the hands of the people where it properly belongs.

Your article might have more

Your article might have more specifically pointed out the collusion between the corporate culture and the Central Banking culture. Our new three branches of government; corporations, central banking and politicians. Statesmanship died a quiet death many years ago (if it ever really existed).

Who organized the meetings

Who organized the meetings where founders wrote declarations and constitutions? Who brought the food to the kitchen and prepared it? Who supplied the lodging and heat for the meeting hall? Who made sure there was paper and ink on the desks? The old way is broken, it started breaking when the specifically forbidden corporate form, then known as anonymous associations of fathers, was first sneaked back in and named after corporal beings (it was thirty-five years after the revolution). How will we do it this time if we don't know how it was done the last time?

RoughAcres is correct. We

RoughAcres is correct. We need to overturn corporate "personhood". All the other crimes rest on that falsehood. Fix that bit of deception, and many of the things we hate about the power of corporations just disappear. In the meantime, we could revoke the charters of some corporations that have broken the law. Yes, the states still have that right, even though they seem to have forgotten. Oh, and sharpen up those pitchforks.

I think we need a different

I think we need a different bottom line than money for us all to get along very well together. The motive would have to be something more along the lines of good will toward all.

We must also challenge the

We must also challenge the "right" of the fictitious corporate person via the corporate charter to live forever. Originally, in England under the King and in the early colonies a corporation was chartered for a limited time for a limited function. If the terms of the charter were violated the charter could be revoked. What a concept for these times.

" If the American people

" If the American people ever allow banks to control the issue of their money first by inflation and then by deflation, the banks and the corporations that will grow up around ( the banks)...will deprive the people of their property until their children will wake up homeless on the continent their father's conquered". This was written by Thomas Jefferson. If there is blame then it should also go to the think tanks, the many privatized consulting firms who have privatized government agencies in order to advance their own economic and ideological causes outside the knowledge of all. None of us matter anymore to banks, the government, corporations, or other entities -we are all anonymous agents for their fattening pockets. We are sheep and are now inside the slaughter house and everyone is quiet for the end of this nation and civilization is now here.

Bush Jr. and his artful

Bush Jr. and his artful cronies are the thieves who capacitated these opportunistic vultures. Bush is kicking back laughing in his Texas hide-away.