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Transcript:
Finally tonight, as promised, a Special Comment on the Supreme Court's ruling today in the case titled "Citizens United v. Federal Election Commission."
On the cold morning of Friday, March 6th, 1857, a very old man who was born just eight months and thirteen days after the Declaration of Independence was adopted; a man who was married to the sister of the man who wrote "The Star Spangled Banner;" a man who was enlightened enough to have freed his own slaves and given pensions to the ones who had become too old to work read aloud, in a reed-thin voice, a very long document.
In it, he ruled on a legal case involving a slave, brought by his owner to live in a free state; yet to remain a slave.
The slave sought his freedom, and sued. And looking back over legal precedent, and the Constitution, and the America in which it was created, this judge ruled that no black man could ever be considered an actual citizen of the United States.
"They had for more than a century before been, regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far unfit, that they had no rights which the white man was bound to respect."
The case, of course, was Dred Scott. The old man was the fifth Chief Justice of the United States of America, Roger Brooke Tawney. And the outcome, he believed, would be to remove the burning question of the abolition of slavery from the political arena for once and for all.
The outcome, in fact, was the Civil War. No American ever made a single bigger misjudgment. No American ever carried the responsibility for the deaths and suffering of more Americans. No American ever was more quickly vilified. Within four years Chief Justice Tawney's rulings were being ignored in the South and the North.
Within five, President Lincoln at minimum contemplated arresting him. Within seven, he died, in poverty, while still Chief Justice. Within eight, Congress had voted to not place a bust of him alongside those of the other former Chief Justices.
But good news tonight, Roger B. Tawney is off the hook.
Today, the Supreme Court, of Chief Justice John Roberts, in a decision that might actually have more dire implications than "Dred Scott v Sandford," declared that because of the alchemy of its 19th Century predecessors in deciding that corporations had all the rights of people, any restrictions on how these corporate-beings spend their money on political advertising, are unconstitutional.
In short, the first amendment - free speech for persons - which went into affect in 1791, applies to corporations, which were not recognized as the equivalents of persons until 1886. In short, there are now no checks on the ability of corporations or unions or other giant aggregations of power to decide our elections.
None. They can spend all the money they want. And if they can spend all the money they want - sooner, rather than later - they will implant the legislators of their choice in every office from President to head of the Visiting Nurse Service.
And if senators and congressmen and governors and mayors and councilmen and everyone in between are entirely beholden to the corporations for election and re-election to office soon they will erase whatever checks there might still exist to just slow down the ability of corporations to decide the laws.
It is almost literally true that any political science fiction nightmare you can now dream up, no matter whether you are conservative or liberal, it is now legal. Because the people who can make it legal, can now be entirely bought and sold, no actual citizens required in the campaign-fund-raising process.
And the entirely bought and sold politicians, can change any laws. And any legal defense you can structure now, can be undone by the politicians who will be bought and sold into office this November, or two years from now.
And any legal defense which honest politicians can somehow wedge up against them this November, or two years from now, can be undone by the next even larger set of politicians who will be bought and sold into office in 2014, or 2016, or 2018.
Mentioning Lincoln's supposed ruminations about arresting Roger B. Tawney, he didn't say the original of this, but what the hell:
Right now, you can prostitute all of the politicians some of the time, and prostitute some of the politicians all the time, but you cannot prostitute all the politicians all the time. Thanks to Chief Justice Roberts this will change. Unless this mortal blow is somehow undone, within ten years, every politician in this country will be a prostitute.
And now let's contemplate what that perfectly symmetrical, money-driven world might look like. Be prepared, first, for laws criminalizing or at least neutering unions. In today's Court Decision, they are the weaker of the non-human sisters unfettered by the Court. So, like in ancient Rome or medieval England, they will necessarily be strangled by the stronger sibling, the corporations, so they pose no further threat to the Corporations' total control of our political system.
Be prepared, then, for the reduction of taxes for the wealth, and for the corporations, and the elimination of the social safety nets for everybody else, because money spent on the poor means less money left for the corporations.
Be prepared, then, for wars sold as the "new products" which Andy Card once described them as, year-after-year, as if they were new Fox Reality Shows, because Military Industrial Complex Corporations are still corporations. Be prepared, then, for the ban on same-sex marriage, on abortion, on evolution, on separation of church and state. The most politically agitated group of citizens left are the evangelicals, throw them some red meat to feed their holier-than-thou rationalizations, and they won't care what else you do to this corporate nation.
Be prepared, then, for racial and religious profiling, because you've got to blame somebody for all the reductions in domestic spending and civil liberties, just to make sure the agitators against the United Corporate States of America are kept unheard.
Be prepared for those poor dumb manipulated bastards, the Tea Partiers, to have a glorious few years as the front men as the corporations that bankroll them slowly unroll their total control of our political system. And then be prepared to watch them be banished, maybe outlawed, when a few of the brighter ones suddenly realize that the corporations have made them the Judas Goats of American Freedom.
And be prepared, then, for the bank reforms that President Obama has just this day vowed to enable, to be rolled back by his successor purchased by the banks, with the money President Bush gave them his successor, presumably President Palin, because if you need a friendly face of fascism, you might as well get one that can wink, and if you need a tool of whichever large industries buy her first, you might as well get somebody who lives up to that word "tool."
Be prepared for the little changes, too. If there are any small towns left to take-over, Wal-Mart can now soften them up with carpet advertising for their Wal-Mart town council candidates, brought to you by Wal-Mart.
Be prepared for the Richard Mellon Scaifes to drop such inefficiencies as vanity newspapers and simply buy and install their own city governments in the Pittsburghs. Be prepared for the personally wealthy men like John Kerry to become the paupers of the Senate, or the ones like Mike Bloomberg not even surviving the primary against Halliburton's choice for Mayor of New York City.
Be prepared for the end of what you're watching now. I don't just mean me, or this program, or this network. I mean all the independent news organizations, and the propagandists like Fox for that matter, because Fox inflames people against the state, and after today's ruling, the corporations will only need a few more years of inflaming people, before the message suddenly shifts to "everything's great."
Glenn Beck and Rush Limbaugh don't even realize it: today, John Roberts just cut their throats too. So, with critics silenced or bought off, and even the town assessor who lives next door to you elected to office with campaign funds 99.9 percent drawn from corporate coffers - what are you going to do about it? The Internet!
The Internet? Ask them about the Internet in China. Kiss net neutrality goodbye. Kiss whatever right to privacy you think you currently have, goodbye. And anyway, what are you going to complain about, if you don't even know it happened? In the new world unveiled this morning by John Roberts, who stops Rupert Murdoch from buying the Associated Press?
This decision, which in mythology would rank somewhere between "The Bottomless Pit" and "The Opening Of Pandora's Box," got next to no coverage in the right-wing media today, almost nothing in the middle, and a lot less than necessary on the left.
The right wing won't even tell their constituents that they are being sold into bondage alongside the rest of us. And why should they? For them, the start of this will be wonderful.
The Republicans, Conservatives, Joe Liebermans, and Tea Partiers are in the front aisle at the political prostitution store. They are specially discounted old favorites for their Corporate Masters. Like the first years of irreversible climate change, for the conservatives the previously cold winter will grow delightfully warm. Only later will it be hot. Then unbearable. Then flames.
And the conservatives will burn with the rest of us. And they'll never know it happened. So, what are you going to do about it? Turn to free speech advocates? These were the free speech advocates! The lawyer for that Humunculous who filed this suit, Dave Bossie, is Floyd Abrams.
Floyd Abrams, who has spent his life defending American freedoms, especially freedom of speech. Apparently this life was spent this way in order to guarantee that when it really counted, he could help the corporations destroy free speech.
His argument, translated from self-satisfied legal jargon, is that as a function of the First Amendment, you must allow for the raping and pillaging of the First Amendment, by people who can buy the First Amendment.
He will go down in the history books as the Quisling of freedom of speech in this country. That is if the corporations who now buy the school boards which decide which history books get printed, approve. If there are still history books. So, what are you going to do about it?
Russ Feingold told me today there might yet be ways to work around this, to restrict corporate governance, and how corporations make and spend their money. I pointed out that any such legislation, even if it somehow sneaked past the last U.S. Senate not funded by a generous gift from the Chubb Group would eventually wind up in front of a Supreme Court, and whether or not John Roberts is still at its head would be irrelevant.
The next nine men and women on the Supreme Court will get there not because of their judgement nor even their politics. They will get there because they were appointed by purchased presidents and confirmed by purchased Senators.
This is what John Roberts did today. This is a Supreme Court-sanctioned murder of what little actual Democracy is left in this Democracy. It is government of the people by the corporations for the corporations. It is the Dark Ages. It is our Dred Scott. I would suggest a revolution but a revolution against the corporations? The corporations that make all the guns and the bullets?
Maybe it won't be this bad. Maybe the corporations legally defined as human beings, but without the pesky occasional human attributes of conscience and compassion maybe when handed the only keys to the electoral machine, they will simply not re-design America in their own corporate image.
But let me leave you with this final question: After today who's going to stop them?




Comments
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I agree with Olbermann
Sat, 01/23/2010 - 16:56 — Anonymous (not verified)I agree with Olbermann except for one important point. There will be checks and balances, as now the corporations will be our police. There will be so much in-fighting between the corporations for control, that now instead of the common people with no money trying to fight, we will have the money fighting the money for control. It will be interesting when the smoke clears to see where the real money lies.
This ruling for the large
Sat, 01/23/2010 - 18:18 — radline9 (not verified)This ruling for the large corporations will also proceed to wipe out small businesses that compete against these entities. With more political power they will be able to change the rules more easily putting small businesses that can't afford large ad campaigns at a severe disadvantage. Small businesses who provide most of the jobs for the country will be bought up and dismantled just like the small farmer. We will be looking at much larger scale unemployment. This one ruling dismantles America and like Keith said what little is left of American democracy.
Revolution!
Sat, 01/23/2010 - 18:52 — Scott Rubel (not verified)Revolution!
I hope impeachment
Sat, 01/23/2010 - 19:02 — Larry Motuz from Canada (not verified)I hope impeachment procedures will be started now to get rid of five unfit justices.
[ Source:
Sat, 01/23/2010 - 19:24 — bruce arnold (not verified)[ Source: ldrlongdistancerider[dot]com/06 ]
LABELS
"Democrat", "Republican",
The parties of the system;
Puppets both, for sale their votes,
No character or wisdom.
"Liberal", "Conservative",
For change or status quo?
Pick either one, the change is none,
For charlatans are both.
Far "Left" we place the Anarchists,
Libertarians claim far "Right";
Yet both decry the government:
False continuum brought to light.
For oil, "We" bomb their mud huts,
Strip them bare, then offer "Aid";
And fake their retribution as
Pretext--a false flag raised.
Unarmed hundred thousands killed
By weapons of "Defense",
While rights are lost for "Freedom" sake--
On profit, all depends.
With stroke of pen, the "Patriot" Act,
And patriots' gifts are taken;
Then "Citizens United" leaves
Our citizens forsaken.
We protest loss of liberties,
Put "World Wide Web" to use;
Cloudmark Authority censors us
For "messaging abuse".
They label us to finger-point,
With labels, "They" deride us;
Their labels keep us all at bay,
For with labels, "They" divide us.
--a poem of protest by Bruce Arnold
Thank you for researching &
Sat, 01/23/2010 - 19:27 — Anonarcmous (not verified)Thank you for researching & saying well what many of us cannot. Last Rep bumper/window stickers: 1. "THANK YOU PRES BUSH", 2"ARE WE IN 2012 YET? I don't think the majority of americans understand there is no benevolence in Reps.
We are indeed sleep-walking
Sun, 01/24/2010 - 04:28 — Anonymous (not verified)We are indeed sleep-walking in to the next Dark Age. Romans did not realize that their civilization was coming apart, either, until after it had.
Congress should enact
Sun, 01/24/2010 - 07:13 — Anonymous (not verified)Congress should enact immediate legislation to change the name of the country to "The Corporate Owned States Of America". At least it would be more honest.
Surprised the Tea Partiers
Sun, 01/24/2010 - 17:55 — Anonymous (not verified)Surprised the Tea Partiers would like this, considering the UK already has this problem. Wouldn't want to be like those damn socialists!
The rule of law in this
Sun, 01/24/2010 - 23:06 — Anonymous (not verified)The rule of law in this country is long gone, and hey, the U. S. undertakes political assassinations all the time. Now's a good time for some domestic liquidations.
I can't believe any of this
Sun, 01/24/2010 - 23:17 — Anonymous (not verified)I can't believe any of this will show us who the "real" money is, they're just getting better at their shadow, smoke and mirror games and by the time things are bad enough for anyone to be pissed off they'll gloss it over and make us feel bad for ourselves yet again, except this time the middle class will have been dissolved. first we let the money go (bailout) then we let the money rule (this) . i'm reading Nixonland by Rick Perlstein, and i wouldn't be surprised if Palin winds up as Pres. stop thinking so much and act, everyone!!! they have the money and we have only our livelihood which is being stripped away as we chatter. back against the wall? maybe soon.
Because of this decision, I
Mon, 01/25/2010 - 01:25 — Santi (not verified)Because of this decision, I have begun some reading about the building blocks of fascism. Corporatism is the foundation. Add to that a charismatic ultra-nationalist demigod like Hitler, or Mussolini. It is not hard to imagine. Perhaps the poor little U.S. is getting out-competed, and whipped around by China, Russia, or the European Union and some eloquent fanatic emerges to focus America's paranoia, and self interest above all else.
I do think resistance will arise fairly quickly, however those in power will not give up their power peacefully. I predict the revolution will be between two sectors of the population with corporations flip flopping to get on which ever side seems to be winning. Opportunists to the end.
this really does scare me.
Mon, 01/25/2010 - 03:22 — Anonymous (not verified)this really does scare me.
Sun, 01/24/2010 - 04:28 —
Mon, 01/25/2010 - 15:43 — Anonymous (not verified)Sun, 01/24/2010 - 04:28 — Anonymous:
While it can't be verified whether the citizens of Rome knew about the dissolution of their society, it has been shown that the Germans did realize it. Americans are now the Good Germans. Good Americans do nothing to save foundational principles because of fear...fearing of losing their 'things', fear of the brutal deaths that will occur in US streets. Think Bosnia, Serbo-Croatia, think citizen against citizen.
This was a Hail Mary Pass to
Mon, 01/25/2010 - 17:11 — Anonymous (not verified)This was a Hail Mary Pass to give R's the power to undo anything the D's get done now. I fully expect new laws, almost immediately, redefining "coorporation", since we obviously can't have foreign monetary interests voting (no self respecting citizen of Teabagistan will stand for foreigners meddling in our politics, especially Mexico). They still have to tell us who paid for what, so if a Corp steps out of line, they're risking huge backlash from people who voted Obama into office in the first place. I fully expect this war to play out in the cereal aisles and fast food joints as consumers flock to the companies that seem to follow their ideals and boycott the others. I also see a lots of D's incorporating.
Supreme Court's Campaign
Mon, 01/25/2010 - 20:34 — Steven Weissman, Attorney, Florida (not verified)Supreme Court's Campaign Finance Ruling: Recreating It’s Endorsement of Slavery
Democracy cannot co-exist with the Supreme Court’s misguided ruling in Citizens United v. Federal Election Commission. A deeply divided 5-4 majority, swept away 100 years of limitations on corporate control of our country. The Court invalidated laws enacted by our duly elected congressional representatives to protect us from corporate domination. The Justices were primarily divided straight down political lines, Republican appointees for what amounts to a corporate takeover of the USA, the democrats against.
The history of the Supreme Court sadly reflects that this is not the first time it has wrongly withheld the constitutional protection of free speech from humans, while ruling in favor of powerful economic interests. On March 6, 1857 the Court ruled that black people were inferior animals and therefore they had no human rights under the constitution, including free speech. Dred Scott v. Sandford (Wikepedia):
“The only relevant question, therefore, was whether, at the time the Constitution was ratified, Scott could have been considered a citizen of any state within the meaning of Article III. According to the Court, the authors of the Constitution had viewed all blacks as
‘beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.’
The Court also presented a parade of horribles argument as to the feared results of granting Mr. Scott's petition:
‘It would give to persons of the negro race, ...the right to enter every other State whenever they pleased, ...the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went.’”
The editorial in The Evening Journal of Albany, New York, denouncing the Dred Scott decision is just as pertinent to this week’s decision as it was in 1857:
“The three hundred and forty-seven thousand five hundred and twenty-five Slaveholders in the Republic, accomplished day before yesterday a great success — as shallow men estimate success. They converted the Supreme Court of Law and Equity of the United States of America into a propagandist of human Slavery. . . The conspiracy is nearly completed. The Legislation of the Republic is in the hands of this handful of Slaveholders. The United States Senate assures it to them. The Executive power of the Government is theirs. . . All who . . . hate Aristocracy, compact yourselves together for the struggle which threatens your liberty and will test your manhood!”
Contrary to the majority ruling, the constitutional protection of free speech does not require that corporations be free to dominate political campaigns and strike fear into the heart of any politician who dares oppose them. The Declaration of Independence is crystal clear:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
The Declaration plainly contemplates that human rights, such as free speech, are afforded to all men (not corporations) by “their Creator.”
Lincoln believed this sentence stated the principals through which the U.S. Constitution must be interpreted. On August 17, 1858 in Lewistown, Illinois, during his Senate contest with Stephen Douglas, Lincoln spoke these words:
“Now, my countrymen, if you have been taught doctrines conflicting with the great landmarks of the Declaration of Independence; if you have listened to suggestions which would take away from its grandeur . . . let me entreat you to come back. Return to the fountain whose waters spring close by the blood of the Revolution. Think nothing of me—take no thought for the political fate of any man whomsoever—but come back to the truths that are in the Declaration of Independence. . .”
The ruling effectively declares that corporate powers have the constitutional right to employ million ton bullhorns and drown out our pesky human voices. With their vast pooled wealth, corporations can use slick Madison Avenue productions to dominate the airwaves and speak far louder than humans. What kind of perverted result can vast pooled wealth obtain – look no further than the triumph of slavery in the Court’s Dred Scott ruling. While purporting to preserve free speech, the Supreme Court has rigged the system so that the human voice may fade into obscurity. What will the corporations say with their new right to unlimited political campaigning? Consider that virtually everything that is good for humans is bad for corporate bottom line. Unlike humans, corporations don’t need clean air, they don’t need medical care, don’t need safe working conditions, don’t want to be sued for maiming or killing people with defective products and the lower wages are, the better.
Ironically, the more U.S. citizens struggle to avoid foreclosure, keep a job, and obtain medical care, the further political issues slide down their daily priority list for survival. Perhaps this sad reality is the reason the Supreme Court’s ruling failed to spark mass protests and riots. Hell, on most networks, it wasn’t even a top story. Maybe the story has low priority because the networks are, after all, corporate owned.
Citizens who understand the dire implications have a duty to speak up. Although far from being a bastion of Democracy, when the Pakistani government fiddled with its legal system, lawyers were at the forefront of the resistance (New York Times, November 6, 2007):
“The Musharraf government’s resolve to silence its fiercest opponents was evident in the strength of the crackdown by baton-wielding police officers who pummeled lawyers and then hauled them by the legs and arms into police wagons in Lahore. . . Some of the lawyers were bleeding from the head, and some passed out in clouds of tear gas.”
Here too, U.S. lawyers and all those who treasure freedom must speak out - while we still can. Unfortunately, it may be particularly difficult to spread the message through our corporate owned media, which treasures its newly acquired human rights.
Alas, there may not be
Sun, 01/31/2010 - 17:18 — Anonymous (not verified)Alas, there may not be checks and balances in a corporatocracy (AKA Facist State) - not like under our currently system where the legislature cannot buy out the executive branch (at least not permanently)
But the upside is: after the corporations take over and reduce citizens to feudal serfs (as they appear intent on doing) they will cut off their 'food supply' - consumer dollars.
When we all have minimum wage jobs we'll stop eating at McDonalds, stop buying Sony Big Screens and iPhones. There will be some painful adjustments but we'll realize that consumer goods aren't central to a happy life.
And then where will they be?