The Corporatization of the Climate Movement

The Planet of the Humans

Directed by Jeff Gibbs (2020)

Executive Producer Michael Moore

Film Review

This very alarming film mainly (released on Earth Day on Michael Moore’s YouTube channel) concerns the capture of the climate movement by Wall Street interests. It places special emphasis on environmental NGOs, like Serra Club, 350.org, and the Nature Conservancy, which are increasingly partnering with Wall Street banks and corporations to promote technological solutions (such as solar panels, wind turbines, concentrated solar mirrors, and large scale biomass and biofuel production). These technologies are immensely profitable for corporations, but as director Jeff Gibbs demonstrates, are unsustainable in the long term without addressing population growth and massive overconsumption in the industrial North.

The film begins by closely examining, in turn, each of these heavily promoted renewable technologies. For me, the issues raised about solar photovoltaic and wind turbine technology, both strongly embraced by climate activists, are the most concerning. Gibbs reminds us that all solar panels and turbines have a fairly short lifespan (20 year), which is most concerning in light of the large environmental and carbon footprint they leave during mining and manufacture of the raw materials they consume. The steel and cement required for wind turbines have a sizeable carbon footprint in themselves, and the mining (in third world countries) of cobalt, lithium, nickel, tin, and rare earth minerals used in solar batteries and electric vehicles produces substantial quantities of uranium, radon, and other radioactive isotopes as waste products. The mining process also produces a significant quantity of sulfur hexafluoride, a  greenhouse gas 23,000 times more potent than CO2.

Gibbs ends by examining specific ties between environmental NGOs and Wall Street players:

Sierra Club

• received millions in donations from the world’s leading timber company for their support of biomass energy (ie clearing of native forests to produce wood chips).
• received millions in donations from Michael Bloomberg to replace coal fired power plants with those powered by (equally polluting) natural gas.
• major backer of Green Century Mutual Funds, which are 1% invested in solar and wind technology and 99% invested in oil, gas, tar sands, and unsustainably produced biofuels.
• sell solar panels and electric vehicles from their website.
• is biggest international investor in Viva, the biggest corporate destroyer of native forests.

Bill McKibben and 350.org

• assisted Goldman Sachs in raising capital for a Brazilian project to increase sugar cane production for ethanol (increasing Amazon deforestation and displacing indigenous populations).

Al Gore

• co-founder of Generation Investment Management, a company specializing in biomass and biofuels production (this was prior to the 2005 release of his film An Inconvenient Truth).
• co-founder of a multibillion dollar sustainability investment fund based in the Cayman Islands.

Koch Brothers

• largest corporate recipient of federal biomass subsidies.

The second video is a Q&A hosted by Michael Moore (executive producer), Jeff Gibbs (director), and Ozzie Zehner (producer) on April 23rd.

 

 

The Ugly History of the White Rights Movement

The People Against America

Al Jazeera (2017)

Film Review

This documentary traces the rise of the “white rights” movement that elected Donald Trump. This movement, of mainly white blue collar males, promotes the distorted image of white people as a disenfranchised minority. According to the filmmakers, it has its roots in Goldwater’s 1964 presidential campaign. By heavily emphasizing “states rights,” Goldwater successfully exploited the anxieties of Southerners over forced integration by the federal government. It would be the first time Southern states had voted Republican since the Civil War.

Nixon’s Southern Strategy

In 1968, the Nixon campaign built on Goldwater’s success by implementing a formal “southern strategy.” By reaching out to the “silent majority,” and emphasizing law and order in the face of race riots and anti-war protests, his campaign sought to win the votes of northern blue collar voters. In subsequent elections, Democratic Party strategists would seek to win back blue collar voters by recruiting two conservative governors to run for president (Carter and Clinton).

As the Watergate scandal undermined all Americans’ confidence in government, corporate oligarchs would build on growing anti-government sentiment by massively funding right wing think tanks, lobbying and conservative talk radio. This, in turn would lay the groundwork for Reagan’s 1980 massive deregulation and tax and public service cuts.

Corporate Giveaways By Clinton and Obama

When Clinton was elected in 1992, he quickly surpassed Reagan’s record of corporate giveaways, with his total deregulation of Wall Street, his Three Strikes and Omnibus Crime Bill (leading to mass incarceration of minorities) and his creation of the North American Free Trade Act (NAFTA) and the World Trade Organization (WTO). These free trade treaties resulted in the wholesale export of rust belt industries to Mexico and China, effectively ending any incentive for working class males to vote Democratic.

Obama, elected on the back of the 2008 financial collapse, would prove even more pro-corporate than Clinton or Bush. Instead of prosecuting the banks who caused the 2008 economic crash, he granted them massive bailouts, while ignoring the plight of millions of homeowners who lost their homes when these banks foreclosed on them. He also significantly increasing mass surveillance and aggressively prosecuting whistleblowers. He also effectively repealed posse comitatus* and habeus corpus.**

The Rise of Occupy and the Tea Party

Obama’s pro-corporate policies led to the rise of both left wing (Occupy Wall Street) and right wing (Tea Party) popular movements. The latter received major corporate backing (largely from the Koch brothers), enabling Tea Party Republicans to shift the blame for the loss of good paying industrial jobs from Wall Street to minorities, immigrants and women.

Is the US Moving to the Right?

For me, the highlight of the documentary is  commentary by former Black Panther Party president Elaine Brown, the only activist featured. Brown, who is highly critical of the left’s failure to acknowledge the problems of poor white people, is the only commentator to dispute that the US is “moving to the right.” She points out that prior Republican campaigns used coded language (such as “state rights,” “law and order”) to target racist fears of blue collar whites. Trump, in contrast, openly caters to these sentiments. Brown reports that some blacks welcome the end of political hypocrisy and greater openness about the pervasiveness of white racism.

She believes this new openness offers a good opportunity to build a genuine multiracial working class movement. She gives the example of successful collaboration in Chicago between black activists and the Young Patriots (a white separatist group) against corrupt landlords.

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*The Posse Comitatus Act, enacted in 1878, prohibited the use of federal troops to enforce domestic policies within the US.

**The right of Habeus Corpus, guaranteed under Article I of the Constitution and the Fifth Amendment of the Bill of Rights, prevents government from illegal detaining US citizens without charging them.

 

Immigrants for Sale

Immigrants for Sale

Directed by Axel Caballero (2012)

Film Review

Immigrants For Sale is a documentary about the $5 billion a year private detention industry. Corrections Corporation of America, The Geo Group, and the Management and Training Corporation run over 200 facilities across the US, a total of 150,000 bed spaces. Because these facilities are paid by the number of beds they fill, they have absolutely no incentive to speed up the legal process that might lead to detainees’ release. As one facility auctioneer puts it, thanks to harsh immigration laws and skyrocketing refugee numbers, there’s an “endless supply of product.”

The film closely examines the role of the American Legislative Exchange Council, a right wing corporate lobby group founded by the Koch brothers, in writing anti-immigrant legislation adopted by various states and championing the construction of new private detention facilities. In most cases, state legislators with cozy relationships with ALEC and industry lobbyists impose these monstrosities on local communities against their wishes.

The filmmakers interview detainees’ families, immigrant rights groups and even former correctional officers who describe scandalous human rights violations by CCA et al, as well as their failure to provide nutritional food or adequate medical care or toilet facilities.

As a psychiatrist I was most appalled by the negligent and abusive treatment of mentally ill detainees. Because these facilities earn $197 a night to house detainees, they have no motivation to identify detainees with mental illness and transfer them to more appropriate treatment facilities. Detainees have no legal right to legal representation and often their families have no idea where they are. Both make their situation even more precarious. One mentally ill detainee featured in the film was beaten (one beating required hospitalization) and humiliated by corrections officers for three years before his mother secured his release.

Fortunately there is growing grassroots resistance to the private detention industry. One community successfully blocked – through sustained protest activity – the construction of a new detention facility. Another, Littlewood Texas, has been bankrupted by their decision to help bankroll a private detention facility. It remains vacant and unsold to this day.

Bobby Seal on the 50th Anniversary of the Black Panthers

In this presentation Black Panther Party co-founder Bobby Seal talks about the joint role he and Huey Newton played in forming the organization in 1966.

Seal’s genius as a grassroots organizer is what comes across most clearly in this talk. His initial vision in starting the Panthers was to use the 1965 Voting Rights Act to achieve “power” for African Americans by electing more black representatives to local, state and federal government. He maintains that monitoring police brutality and other tactics (like the children’s breakfast program) were merely a strategy towards this end.

Seal, who was employed in an Oakland jobs program for African American youth, recruited Huey (who had just started law school) because of his knowledge of the law. As brilliantly portrayed in Marvin Peeples 1995 film Panther, Huey became notorious for quoting large sections of the US Constitution and California law to Oakland police.

Seal is somewhat critical of Peeple’s docudrama, largely because it omits important historical details. An example is the crowd reaction – of supreme importance to Seal as an organizer – to the first confrontation between the Panthers and the cops. Another is the Nixon tape (which Seal, impersonating Nixon’s voice, describes in detail) in which the former president orders FBI director J Edgar Hoover to destroy the Panthers.

Seal also has some fascinating comments at the end about the Koch brothers and catastrophic climate change.

The film has an extremely long introduction and Seal’s talk begins at 21:00.

The Tea Party: Brought to You by Wall Street

Pity the Billionaire: the Hard Times Swindle and the Unlikely Comeback of the Right

By Thomas Frank

Havill Secker (2012)

Book Review

Pity the Poor Billionaire describes how the right wing corporate elite used the 2008 economic crash to build a pseudo-populist movement (aka the Tea Party) to build blue collar support for harsh free market austerity policies that benefited Wall Street at the expense of working people.

According to Frank,  the Tea Party was the fourth conservative uprising in the last half century. The first was the backlash against the anti-Vietnam war movement that resulted in Nixon’s election in 1968 and 1972. The second was the Reagan revolution in 1980; the third the Contract with America revolution that won Republican control of Congress (in 1994) during Clinton’s first term.

The Demise of Unions and the Left

With each of these movements, US political and economic life became increasingly conservative, with all public institutions – churches, hospitals, universities, museums, the US Post Office and even the Army and CIA – succumbing to pressure to operate according to free market principles.

The same period saw the virtual demise of both labor unions and any organized US left. Nevertheless, according to Frank, right wing strategists managed to flood the media with rhetoric ramping up popular fear the left was “on the march.” It mainly  focused on a fictitious behind-the-scenes conspiracy to provoke a crisis – through overspending that would collapse the US economy.

Swaying Popular Anger from Wall Street to the Government

This messaging, crafted by right wing think tanks funded by right wing billionaires like the Koch brothers and delivered by Glenn Beck, Russ Limbaugh and similar right wing celebrities, was spectacularly effective in convincing a majority of Americans that the neoliberal corporatist Obama is really a socialist.

Oil billionaire Charles Koch warned back in 2008 that the global economic downturn could lead to the same “loss of liberty and prosperity” (for billionaires) as the Great Depression did. He and his brother David went on to deliberately manufacture an “astroturf”* movement (ie the Tea Party) to thwart Obama from enacting the same type of public spending projects Roosevelt used to reverse the 1929 depression.**

They did this by using Tea Party protests and right wing media to sway public anger away from Wall Street and onto the government. Via sophisticated psychological propaganda, working people were systematically conned into believing their interests coincide with those of Wall Street corporations.

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*Astroturfing is the practice of masking the sponsors of a message or organization to make it appear as though it originates from grassroots participants.

**Frank challenges (with data) the common Tea Party assertion that Roosevelt’s New Deal reforms failed to halt the 1929 depression (ie that it took the World War II mobilization to lift the US out of depression). Between 1929 and 1933 (when Roosevelt took office), the US GDP dropped by more than 50 percent. Following the enactment of the New Deal, it increased by 11% in 1934, 9% in 1935, 14% in 1936 and 13% in 1937. Overall GDP growth 1933-37 was the highest the US has seen outside of war time.

The Global Climate Justice Movement

Two nights ago, the New Plymouth Green Party and Climate Justice Taranaki sponsored the showing of Naomi Klein’s This Changes Everything. We used the Tugg theatrical-on-demand platform, which allows individuals and groups to show one night film screenings at their local theater. Our cinema was packed (with 90 people) in contrast to the 12-15 watching Hollywood films in the other auditoriums.

The documentary, based on Naomi Klein’s best selling book of the same name, is about the global climate justice movement. Both the book and film take their title from Klein’s premise that the problem of climate change can’t be solved under our current capitalist economic system.

The documentary mainly showcases the mass global protests against the environmental destruction caused by the fossil fuel industry. Klein, who narrates the film, notes a major shift in the environmental movement, with growing numbers of poor and indigenous peoples fighting a fossil fuel industry whose slash and burn mentality threatens their ability to provide food, water and other basic necessities for their families.

The main premise of the film (and the book) is the carbon pollution, like other large scale environmental damage is the result of a dysfunctional story we’ve been telling ourselves over the last 400 years – namely that nature is a kind of machine that must be mastered and dominated at all costs. According to Klein and the numerous activists she interviews, this needs to be replaced by the much older story about humanity living in harmony with nature.

One highlight of the film is her visit to an ultra right free market think tank called the Hartland Foundation. Funded by billionaire fossil fuel barons like the Koch brothers, Hartland is the primary sponsor of the US climate denial movement.

This Changes Everything can be rented from Vudu for $3.99

Groups interested in bringing This Changes Everything and other anti-capitalist documentaries to their local theater can contact Tugg at their website.

Has the Tough on Crime Era Ended?

Solutions: American Leaders Speak Out on Criminal Justice

Edited by Inimai Chettiar and Michael Waldman

Book Review

Michelle Alexander’s 2010 book The New Jim Crow has helped spark a national debate on the mass incarceration of Africans. Solutions, a collection of essays, is intended as a response. As many are written by presidential hopefuls, the range of solutions is cautious. None of the authors support the most obvious (and popular) criminal justice reform, namely legalizing or decriminalizing marijuana use.*

Likewise there are no essays by anti-Wall Street senators Elizabeth Warren and Bernie Sanders. Both were viewed as prospective presidential candidates when Solutions was being readied for publication.

That being said, I was intrigued to see so many Republican politicians, both of the neoconservative Christian and the libertarian stripe, abandon their tough-on-crime rhetoric to argue for reducing prison populations. The forward, by Bill Clinton, argues that despite extreme political polarization on other issues, ending the incarceration of Americans for minor and victimless crimes is one area ripe for genuine bipartisan cooperation.

In his essay, Marc Levin, Director of the Center for Effective Justice at the Texas Public Policy Foundation, suggests that conservatives, applying their core principles of personal responsibility, accountability and limited government, have become “the most vocal champions of prison reform.” In this regard, he and other key conservatives have clearly parted company with the Koch brothers and the American Legislative Exchange Council (ALEC), which continues to lobby for tough-on-crime legislation and increasing prison privatization.

Levin and editor Inimai Chettiar hold up Texas, Georgia, South Carolina and Pennsylvania as model states, due to their shift from prison building to community based alternatives. As Levin readily admits, Texas reforms were driven by a need to control ballooning prison costs in an era of severe budgetary shortfalls. He brags how Texas has saved taxpayers billions of dollars by eliminating mandatory minimum sentences (allowing judges more discretion in sentencing), by offering drug and mental health treatment as an alternative to incarceration, by increasing formal rehabilitation and through various measures aimed at increasing the employability of ex-offenders (including a provision for law abiding ex-offenders to seal their criminal record).

A few of the essays read like stump speeches, full of vague ideological platitudes without meaningful detail on how prison reform can be accomplished. Others are surprisingly detailed.

Here are some examples:

Vice-President Joe Biden (D): reads like a stump speech and quotes extensively from Martin Luther King. He calls for restoring police staffing cuts and more genuine community policing. Doesn’t explain where the funding will come from, given the massive debt this administration has racked up for bank bailouts and the wars in the Middle East.

Hillary Clinton (D): reads like a stump speech, with frequent references to what Robert Kennedy would do and “my friend” Nelson Mandela. Calls for respect for the law, ending inequality, reforming mandatory minimum sentencing, ending racial profiling by the police, increasing use of drug diversion (ie mandatory treatment as an alternative to incarceration), restoring police staffing cuts, increasing community policing and restoring voting rights to ex-offenders. She also makes no mention of how all this would be funded.

Ted Cruz (US Senator Texas – R): calls for more jury trials and an end to mandatory minimum sentencing. Proposes a federal law requiring prosecutors to disclose all exculpatory** evidence before an accused can enter into a plea bargain. Also supports the Military Justice Improvement Law. This would increase military convictions for rape by transferring responsibility for prosecution from unit commanders to independent federal prosecutors.

Mike Huckabee (former Arkansas governor – R): would eliminate waste by treating drug addicts, rather than incarcerating them. He would also work to build character in American young people by strengthening families.

David Keene (former president of the National Rifle Association (NRA) and the American Conservative Union: would reduce the number of crimes punishable by prison, end three strikes laws (which require mandatory life imprisonment for a third felony), amend grounds for probation revocation so they’re only used to protect communities from violent criminals and end arbitrary police violence against African Americans for nonviolent crimes.

Martin O’Malley (former Maryland governor – D): would abolish the death penalty because it’s expensive, ineffective, wasteful and unjustly applied (poor minorities are far more likely to receive the death penalty because they can’t afford adequate legal representation). He states that only six other (mainly authoritarian) countries have the death penalty: Iran, Iraq, China, North Korea, Saudi Arabia and Yemen. (For some reason he omits Egypt.)

Rand Paul (US Senator Kentucky – R): would end mandatory minimum sentencing, police militarization, disproportionate sentencing of minorities for drug crimes and civil asset forfeiture laws.** He would also allow juvenile/nonviolent offenders to have their criminal records sealed.

Rick Parry (former Texas governor – R): calls for increasing use of drug courts, expanded rehabilitation and mandatory drug and mental health treatment in lieu of incarceration.

Marco Rubio (US Senator Florida – R): would require federal government and regulatory agencies to publish all federal laws and regulations in one place, would end civil forfeiture laws and would rein in “out of control” regulatory agencies. (Me, too. I think they should start putting corporate white collar criminals in jail, but I doubt this is what he means).

Scott Walker (Wisconsin governor – R): advocates for more workplace drug testing and more programs to reduce heroin addiction.

James Webb (former US Senator Virginia – D): would appoint a federal commission on mass incarceration to study the problem some more (you can’t make this stuff up).

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*At present marijuana has been legalized for recreational purposes in four states (Washington, Oregon, Alaska and Colorado) and for medical purposes in 11 other states. Marijuana possession has been decriminalized or reduced to a misdemeanor in many other states. Cannabis possession for any purpose remains a felony in only six states (Wisconsin, Texas, South Carolina, Oklahoma, Louisiana and Alabama).
*Exculpatory evidence is evidence that tends to exonerate a defendant of guilt.
**Civil asset forfeiture is a legal tool that allows law enforcement officials to seize, (without due process) property they assert has been involved in certain criminal activity. The burden remains on the defendant to initiate separate legal action to recover their property, even if they’re acquitted or charges are dropped.

Solutions is published under a Creative Commons license and can be downloaded free at Solutions

America’s Favorite Billionaires

The Koch Brothers Exposed

Robert Greenwald (2014)

Film Review

The Koch Brothers Exposed examines the myriad of ways America’s favorite billionaires are using their inherited wealth to make themselves the dominant players in the US political system.

Their father Fred Koch made his fortune in the 1920s by helping Stalin establish the Soviet oil industry. On his death, Charles and David Koch used their inheritance to found Koch industries, the second largest privately* held corporation in the US. It has holdings in oil and gas, coal, paper products, plastic and consumer goods.

Koch Industries is notorious for breaking environmental laws (and other crimes, such as stealing 2 million barrels of oil from Indian reservations**). They have paid millions in fines in seven states for criminal pollution. Thanks to their generous campaign donation, George W Bush reduced the 97 counts in one federal indictment to one count – lowering their fine from $370 to $20 million.

Their Georgia Pacific plant in Crossett Louisiana, which discharges toxic chemicals to natural streams (illegal under the Clean Water Act), is responsible for more than a dozen cancer deaths. Yet instead of stopping the toxic discharges and cleaning up the streams, the Koch brothers bribe Republican politicians (through campaign donations and other perks) to weaken and discredit the Environmental Protection Agency (EPA), the entity responsible for enforcing the Clean Water Act.

Determined to roll back the Civil Rights Act, the Voting Rights Act, the minimum wage, labor rights, electoral financing reform, environmental protection laws and federal and state workplace safety laws, the brothers have spent more than $80 million creating and funding conservative and libertarian think tanks and Astroturf organizations – such as Americans for Prosperity and the Tea Party. They are also the primary funders, along with Exxon, of the climate denial movement.

They provided the financial backing in the Citizens United case***, in addition to sponsoring the attendance of two Supreme Court justices at an Americans for Prosperity conference. The prior involvement of Clarence Thomas and Antonin Scalia in this Koch brothers group posed a clear conflict of interest. Both had an ethical and legal obligation to recuse themselves. Obviously they didn’t.

The Koch brothers are also major funders and backers of Canada’s tar sands industry and the Keystone pipeline, as well as the American Legislative Exchange Council (ALEC). The latter writes model legislation for state legislators to use in creating vote suppression, labor rights and workplace safety legislation, as well as laws promoting anti-immigrant campaigns and prison privatization.

Meanwhile the Koch Foundation uses educational grants to over 150 cash-strapped colleges and universities to influence their educational policies. The grants are always conditional, ie dependent on hiring professors who share the Koch brothers conservative philosophy.

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*A privately owned corporation is one in which partners provide the capital and share the profits, as opposed to publicly owned corporations in which shareholders provide the capital and share in the profits.
**Charles and David’s younger brother Bill blew the whistle on this operation in 1999.
***Citizens United v. Federal Election Commission was a constitutional law case in which the Supreme Court ruled that the First Amendment prohibits the government from restricting independent political expenditures by nonprofit corporations, for-profit corporations and labor unions. According to investigative reporter Greg Palast, a major agenda behind the decision was to retroactively decriminalize extensive past donations the Koch brothers had already made to Republican campaigns – in other words to keep them out of jail.

How Citizens United* Kept the Koch Brothers Out of Jail

The video below is an interview with Investigative reporter Greg Palast regarding his 2012 book Billionaires and Ballot Bandits: How to Steal an Election in 9 Easy Steps. Palast is best known for exposing the fake “ex-felon” scrub list that illegally disqualified tens of thousands of law abiding Florida African Americans from voting in the 2000 presidential election.

According to Palast, the real agenda behind the Citizens United decision was to keep the notorious Koch brothers** out of jail for illegal corporate donations they had made to Republican campaigns. In other words, the ruling decriminalized extensive lawbreaking by the Republican Party’s favorite billionaires. Apparently it’s was no accident that Ted Olsen, the Citizens United attorney, also happens to be legal counsel for Koch Industries.

The Koch Brothers’ Long History of Flouting the Law

As Palast reveals at the beginning of the interview, he was an FBI investigator prior to becoming an investigative journalist. During the late eighties, he was directly involved in investigating Charles Koch for illegally siphoning oil (beyond what Koch Industries had paid for) from Indian reservations. According to Palast, the FBI had videos of the whole operation, as well as numerous witness statements, including one from David and Charles’ younger brother Bill. The US attorney in Oklahoma went so far as to file an indictment against subject 67C (their code name for Charles Koch), when Koch leaned heavily on Oklahoma Senator Don Nickles (Rep 1988-2005) to have the federal prosecutor replaced and the indictment quashed.

With the possibility of criminal prosecution off the table, brother Bill Koch filed a civil lawsuit over the oil theft under the False Claims Act. The latter private plaintiffs to sue, on behalf of the government, companies and individuals which have defrauded it.

In December 1999, the jury found that Koch Industries had stolen oil it didn’t pay for from federal land, and the company paid a $25 million settlement to the federal government.

The FBI next turned its attention to 350 criminal violations of environmental law, mainly due to faulty pipelines dumping oil sludge into rivers. After George W. Bush became president in 2000, the US Justice Department dropped 88 of the charges. Two days before the trial, Attorney General John Ashcroft agreed to a plea bargain. The company pled guilty to falsifying documents. All major charges were dropped, and Koch and Ashcroft settled a civil lawsuit for a fraction of the criminal penalty.

The FBI – and Congress – Investigate Illegal Corporate Donations

Next on the FBI list of crimes was the smear campaign Koch Industries secretly funded, through the Campaign for Our Children’s Futures. This was in 1994 when corporate campaign donations were still illegal. The campaign, caused 25 incumbent Democrats to lose their seats, which meant Clinton lost Congress in the 1994 midterm election and again in 1996.

The illegal campaign donations were funded through an entity called Triad Management Services. Senator Fred Thompson, Chair of the Senate Finance Committee attempted to undertake an investigation into Triad. According to Palast, it was shut down the same day (ethically challenged) Senate Majority Leader Trent Lott made a deal with President Bill Clinton not to investigate his illegal campaign donations from the Indonesian billionaire James Riady.

*In Citizens United, the Supreme Court ruled that setting limits on campaign expenditures on corporations and labor unions violates their first amendment right to free speech.

**The Koch brothers are major funders of several conservative think tanks and lobbies, such as the Heritage Foundation, ALEC, the CATO Institute, and right wing Astroturf groups, such as the Campaign for America’s Future, the Campaign for a Fair Economy and the Tea Party). They’re also the major beneficiaries of the Keystone Pipeline

38 States Call for Constitutional Convention

 

Can Red and Blue States Unite to Save Democracy?

One news item receiving virtually no corporate media attention is that thirty-eight state legislatures have officially requested a constitutional convention under Article V of the US Constitution. There has only been one constitutional convention – the first – in 1787. Article V requires Congress to call a constitutional convention if 2/3 of (34) states request one.

Most, but not all the resolutions are from red states calling for a balanced budget amendment. However two blue states, California and Vermont, have requested a constitutional convention to end corporate personhood and restrict corporate funding for elections.

Tallying the numbers is a bit complicated. According to the Congressional Record, forty-nine states* have requested constitutional conventions. Eleven of these forty-nine states later rescinded their requests.

ALEC Seeks to Restrict Delegate Freedom

Forbes Magazine argues you also have to subtract the states which have passed a delegate limitation act. This would prohibit delegates from considering any amendments other than those requested by their state.

The American Legislative Exchange Council (ALEC), the lobby group founded and funded by the billionaire Koch brothers, is very keen to see all states pass a delegate limitation act and have even drafted model legislation.

ALEC and the corporations they represent believe the delegates to a constitutional convention must be closely controlled to prevent a runaway convention from passing amendments unfriendly to corporate interests – e.g. an amendment ending corporate personhood and limiting the ability of corporations to overrule state and municipal laws. Three states (Georgia, Indiana and Florida) have passed delegate limitation legislation. Another seven states (Idaho, Michigan, New Hampshire, Oklahoma, South Dakota, Virginia, and Wisconsin) are considering it.

Using a Balanced Budget Amendment to Abolish the Fed

Clearly ALEC is calling for a balanced budget amendment in the hope it will force the federal government to cut spending for Social Security, Medicare and other social programs. This strategy could backfire if it leads to a debate on abolishing the Federal Reserve and stripping private banks of their power to create money.

Eliminating federal debt will be extremely difficult, if not impossible without scrapping a system in which nearly all our money is produced as debt (i.e. loans by private banks). There’s growing grassroots support on both the right and the left to abolish the Fed (see James  Corbett’s excellent documentary explaining how banks create money out of thin air.) A constitutional convention could be the ideal scenario to make this happen.

Why Red and Blue States Need to Work Together

California and Vermont are only the first of many blue states in the Move to Amend coalition seeking a constitutional convention to end corporate personhood. The vital question here is whether red states seeking a balanced budget amendment will be open to talking to blue states seeking to limit the de facto ability of corporations to overturn state and municipal laws.

The corporate media has been extremely cagey of late about magnifying the distrust and enmity between the two camps. I find this quite sad as there are many issues on which the so-called “extreme” right and left agree, like ending NSA spying, ending the wars in the Middle East, abolishing the Fed, restoring civil liberties guaranteed under the Bill of Rights, ending the President’s abuse of executive power and curtailing the power of the corporate oligarchy.

I think it’s a very good sign that a non-partisan group called Friends of the Article V Convention is keeping count of the states. There has been some talk the Friends may file suit if Congress fails to set wheels in motion for a constitutional convention.

States Seek Broad Range of Amendments

In addition to requesting a constitutional convention to pass amendmentss calling for a balanced federal budget and an end to corporate personhood, various state petitions seek amendments to limit federal income taxes, to begin negotiations for a world federation (i.e. one world government), to change apportionment for the Electoral College and the House of Representatives, to increase federal revenue sharing, to end federal interference in school management, to guarantee a right to life, to end unfunded federal mandates, to end judicial taxing power, to establish term limits for federal office holders and to restrict new laws to a single subject.

There are a few more I would add to this list, including constitutional amendments abolishing the Electoral College, restoring Posse Comitatus and limiting the ability of the President to rule via executive order. I’m sure readers have their own personal favorites.

*The 49 states which have formally requested a constitutional convention:

• Alabama: balanced budget, June 2011
• Alaska: federal fiscal restraints and term limits, April 2014
• Arizona: ending judicial taxing power, Mar 1996, rescinded 2003
• Arkansas: right to life amendment, May 1977
• California: abolish corporate personhood, June 2014
• Colorado: unfunded federal mandates, June 1992
• Connecticut: prohibit interstate income tax, May 1958
• Delaware: balanced budget amendment, Feb 1976
• Florida: balanced budget, term limits, limit laws to 1 subject, April 2014
• Georgia: balanced budget, Feb 2014
• Idaho: limit income tax, April 1989, rescinded 1999
• Illinois: increase federal revenue sharing, June 1976
• Indiana: right to life, balanced budget, 1977, 1979
• Iowa: balanced budget, June 1979
• Kansas: balanced budget, May 1978
• Kentucky: change apportionment for House, Oct 1965
• Louisiana: balanced budget, May 2014
• Maine: limit income tax, April 1941
• Maryland: right to life, Jan 1977
• Massachusetts: right to life, 1977
• Michigan: balanced budget, Nov 2013
• Minnesota: change apportionment for House, May 1965
• Mississippi: right to life, Feb 1979
• Missouri: unfunded federal mandates, Mar 1993
• Montana: change apportionment for Electoral College, Mar 1973, rescinded 2007
• Nebraska: balanced budget, April 2010
• Nevada: right to life, unfunded federal mandates, June 1979
• New Hampshire: balanced budget, May 2012
• New Jersey: right to life, April 1977
• New Mexico: balanced budget, Feb 1979
• New York: federal interference with school management, Oct 1972
• North Carolina: balanced budget, Feb 1979
• North Dakota: end judicial taxing power, Mar 1996
• Ohio: balanced budget, Nov 2013
• Oklahoma: change apportionment for Electoral College, May 1965, rescinded 2009
• Oregon: balanced budget, Feb 1979, rescinded 1999
• Pennsylvania: balanced budget, Feb 1979
• Rhode Island: right to life, May 1977
• South Carolina: balanced budged Feb 1979, rescinded 2004
• South Dakota: unfunded federal mandates, rescinded 2010
• Tennessee: balanced budget, April 2014
• Texas: balanced budget, Mar 1979
• Utah: right to life, rescinded 2001
• Vermont: corporate personhood, April 2014
• Virginia, change apportionment for House, May 1964, rescinded 2004
• Washington: change apportionment for House, Mar 1963
• West Virginia: increase federal revenue sharing, Jan 1971, rescinded 2001
• Wisconsin: change apportionment for Electoral College, Mar 1963
• Wyoming: change apportionment for House, mode of amending constitution, Feb 1963, rescinded 2009

Photo credit Wikimedia Commons

Also posted in Veterans Today