The Norfolk Southern Corporation train derailment and subsequent hazardous chemical release into the air, water and land in and beyond East Palestine, Ohio are the inevitable result of multiple anti-democratic realities in the U.S. Many are interconnected and are the same for the roughly 1000 train derailments per year, most recently in Michigan.

Private ownership of railroads

Norfolk Southern Corporation’s record earnings in 2022 led to huge salaries for its top managers and stock buybacks and dividend payouts benefiting speculators and investors. Necessary investments have not been made in technology upgrades and worker safety as the corporation prioritizes maximizing profits over public safety and sustainable business practices. “Since the North American private rail industry has shown itself incapable of doing the job, it is time for this invaluable transportation infrastructure – like the other transport modes – to be brought under public ownership,” concludes the Railroad Workers United. Interstate highways are publicly owned. Railroads were under federal control during WWI. Railroads in many other nations are publicly owned and, therefore, publicly accountable.  

No community rights

Local public officials have few legal tools to protect the health, safety and welfare of their residents – especially conditions in any way related to interstate commerce. Communities possess  little authority to control material – including trash, chemicals, nuclear waste – coming into or even passing through their jurisdictions by trains or trucks if that material can be defined as “commerce.” The Constitution’s Commerce Clause (Article I, Section 8) gives power to Congress and the President to “regulate commerce…among the several states.” While states have at least some ability under certain conditions to push back against “commercial material” in their states if they can redefine it as dangerous, localities have no rights. East Palestine officials weren’t even notified the derailed Norfolk Southern train was carrying vinyl chloride, ethylhexyl acrylate and other highly toxic chemicals since federal law doesn’t classify those chemicals as “high hazardous.”

Mandated municipally-sponsored public hearings following the passage of ballot initiatives organized by Move to Amenders. The initiatives had two components. [1] Municipalities were required to sponsor a public hearing, dubbed "Democracy Day" hearings, inviting residents and/or anyone to testify on the impact money in politics and corporate rule on their lives, communities or world. Congress that voters in these communities, and [2] Municipalities were required to send a letter to all state and federal elected officials representing their area summarizing the hearing and informing them that the voters of that municipality voted in support of a Constitutional Amendment to abolish all corporate constitutional rights and money defined as free speech. Several communities were considered more politically "conservative" or "moderate." 

Below is a schedule as of this date of hearings that have already taken place or are planned.

COMMUNITY "DEMOCRACY DAY" PUBIC HEARINGS

2023 Schedule 

_______________________________________________

Defiance

February 9, 7 pm

Defiance City Hall 

Recording at https://www.youtube.com/watch?v=GToGp15IxC4

Contact: Dolores Whitman, Contact: [email protected], 419-633-9031 

Mentor

February 15, 5:30 pm

Mentor Municipal Center, Council Chambers

Recording?

Contact: Dave Lima, [email protected], 440-220-0204

How Move to Amend Stands Out from the Crowd

While it is exciting to see the flurry of momentum and energy that is finally getting some traction in a small segment of Congress, Move to Amend is very clear that it is important that we not let our goals be diluted by our legislators in Washington, even by those who mean well and want to see reform in our political system.

Passing an amendment will be a tough job, so the language must be commensurate with the effort needed to win, and the amendment must be strong and clear enough to end corporate rule - there's no room here for half solutions or ambiguity.

It is our belief that we need to operate on the assumption that once an Amendment comes out of Congress we won't get another shot. So we MUST get it right!

With many competing proposals, it can be confusing to figure out what is what in terms of what the proposals will actually do. We have prepared a summary of each of the amendments proposed, including what is missing from each one.

We also encourage you to check out our article, "How Corporate Constitutional Rights Harm You, Your Family, Your Community, Your Environment, and Your Democracy" to explain why we feel so strongly that half-way solutions cannot be accepted.

Click here to read Move to Amend's "We the People" Amendment proposal (House Joint Resolution 48) that will clearly establish that money is not speech, corporations are not people, and allows for no loopholes. Our amendment will put people in charge of our government, and corporations in their proper place.

Proposed Amendments (117th Congress)

• Move to Amend's Amendment Proposal introduced by Rep. Pramila Jayapal (WA) (We the People Amendment) (H.J. Res. 48)
• "Democracy for All" Amendment Proposal
• Schiff Amendment Proposal
• Tester Amendment Proposal

"Democracy for All" Amendment Proposal 

• Introduced on January 4, 2021 in the House of Representative by Rep. Ted Deutch (FL) and in the Senate by Senator Jeanne Shaheen (NH)
• Read the text and explanation here: H.J. Res. 1 / S.J. Res 25
• Organizations involved: American Promise, Public Citizen, People for the American Way, Free Speech for People, Common Cause

What it does:

• Asserts that Congress and the States (a) may regulate and limit the amount for campaign contributions and expenditures and (b) may distinguish between natural persons and artificial entities when creating campaign finance legislation.

What’s missing:

• Does not end corporate constitutional rights under 1st, 4th, 5th, and 14th Amendments
• Does not end political money equals protected speech under 1st Amendment

Side-by-Side Comparison: Move to Amend's We The People Amendment, (HJR 48) and the Democracy for All Amendment (HJR 1 / SJR 25) - 2 page handout

Schiff Amendment Proposal

• Introduced on March 24, 2022 in the Senate by Sen. Adam Schiff (CA)
• Read the text and explanation here: H.J.R. 80
• Organizations involved: ??

What it does:

• Asserts that Congress or the states have the right to impose reasonable limits on private campaign contributions or independent election expenditures or can enact systems of public campaign financing to offset campaign spending or independent expenditures

What’s missing:

• Does not end political money equals protected speech under 1st Amendment
• Does not end corporate constitutional rights under 1st, 4th, 5th, and 14th Amendments

Tester Amendment Proposal

• Introduced on March 15, 2021 in the Senate by Sen. Jon Tester (MT)
• Read the text and explanation here: S.J. Res. 11
• Organizations involved: Free Speech for People

What it does:

• Asserts that corporations are not people

What’s missing:

• Does not address political money equals protected speech under 1st Amendment
• Does not address campaign spending 

Click here to read Move to Amend's proposed amendment that will clearly establish that money is not speech, a corporation is not a person, all corporations are subject to regulation, all campaign contributions will be disclosed and allows for no loopholes. Our amendment will put people in charge of our government, and corporations in their proper place.

CLICK HERE TO VIEW ANALYSIS OF 2019/2020 AMENDMENT PROPOSALS (116th Congress)

CLICK HERE TO VIEW ANALYSIS OF 2017/2018 AMENDMENT PROPOSALS (115th Congress)

CLICK HERE TO VIEW ANALYSIS OF 2015/2016 AMENDMENT PROPOSALS (114th Congress)

CLICK HERE TO VIEW ANALYSIS OF 2013/2014 AMENDMENT PROPOSALS (113th Congress)

CLICK HERE TO VIEW ANALYSIS OF 2011/2012 AMENDMENT PROPOSALS (112th Congress)

By Kenneth Boche

With continuing threats to our democracy, we must consider what Constitutional changes can help us live up to the Pledge of Allegiance which virtually all U.S. citizens have promised: “…liberty and justice for all.”

With the costs, plus the greed for power, that control our elections, individuals are discouraged from voting by gerrymandering, by restricted voting times, and by drop-off and mail-in ballot options. This discrimination does not align with “…liberty and justice for all.” 

During our country’s founding, “We the people” meant “living humans.” When the “robber barons” invented corporations to build railroads and other industries, those corporations had limited lifetimes. Now, corporations are chartered forever, so they are, obviously, not “real people.”

The first step toward more equitable constitutional changes is to pass the www.movetoamend.org amendment that reaffirms “people” to mean living humans as our Founders intended. Included in that amendment is “Money is not free speech.” Our Founders reserved “free speech” for living individuals.

https://www.youtube.com/watch?v=SWF0TRUVVy4&t=29s

December 29, 2022

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The East India Company was founded on this date in 1600. It was chartered (i.e. licensed) by the British Crown to trade in the Indian subcontinent and Southeast Asia and later with East Asia. It eventually became the largest corporation on earth.

East India Company flag, 180

The company achieved not only its main purpose of facilitating economic trade (involving spices, tea, silk, opium… and slaves). It was also given the authority to colonize and rule. The corporation was in essence the government over large parts of India that extended British imperialism with the capacity to administer laws and collect taxes. It had its own army that was twice the size of the British force to enforce laws and to quell popular uprisings. 

______________________

On this "corporate rule" anniversary, please make a New Year’s resolution to (re)commit to working together to affirm our rights over corporate "rights." Start by generously contributing to our end-of-year financial match drive. We urgently need to reach our goal to start 2023 on a strong footing.

______________________

We are under no illusions. Amending the U.S. Constitution is enormously challenging. 

It’s only been done 27 times before, including the first 10 (the Bill of Rights) all at once. It’s perceived as not as important or urgent as working on (insert here scores of options). 

The reality is a large majority of our current problems and crises will not be fundamentally solved simply by having better elected officials passing better laws, enacting better regulations or making better executive decisions. Not when the foundational rules of our society (which our constitution defines) favor corporate rights over human rights and permit the political voices of those with money to drown out the voices of most of us. 

That's why changing/amending the U.S. Constitution is inescapable. We must democratize our ground rules. U.S history shows that fundamental constitutional change only happens alongside fundamental cultural change – that is, educating and organizing to challenge both the credibility and inevitability of the status quo, as well as the necessity to form a broad grassroots movement for structural change – to make what seems impossible to be accepted as necessary and inevitable. 

Here’s a sampling of what we’ve accomplished together this year and cumulatively at the end of 2022 toward these ends:

The Bill of Rights, the first ten amendments to the U.S. Constitution, was ratified today in 1791. It is perhaps the constitution’s broadest and most famous and honored portion, particularly the First Amendment.

John Jay, the First Chief Justice of the United States Supreme Court, was born on this day in 1745.

Secretary of State Frank LaRose and State Rep. Brian Stewart recently announced an effort to change the Ohio Constitution in order to make it harder for Ohio citizens to successfully pass ballot initiatives. House Joint Resolution 6 (HJR6) is a power grab, plain and simple. It is unnecessary, unfair, unpopular, and undemocratic. 

A broad coalition of groups is organizing to stop this attack on direct democracy in its tracks. 

TAKE ACTION:

1. The proposal may be voted on next week by a committee and the entire House. Tell your Ohio House Representative you oppose this undemocratic proposal. Find your House member (and contact information) HERE

2. Attend a statewide Rally for Democracy!, Tuesday, December 13, 2022, 11:15 AM, Trinity Episcopal Church, 125 E Broad St, Columbus, OH 43215. Details HERE

What’s new, short, informative and calls for immediate action?

It’s our new 4½ minute video on the need to enact the We the People Amendment!

click on image

There’s no single cause of inflation. Among the past and current factors are the pandemic, supply chain disruptions, and the war in Ukraine.

Corporate actions also contribute to inflation. These are four ways corporations and inflation are related – not all of which are economic.

The 2022-23 Supreme Court term began on October 3. 

Since John Roberts became Chief Justice in 2005, the “Roberts Court” has made numerous decisions undermining democracy and basic rights on voting, partisan gerrymandering and campaign finance, reversing decades of work by prior Courts. This includes Citizens United v. FEC in 2010.

Move to Amend launched publicly on January 21, 2010 upon the Supreme Court's ruling in Citizens United. The individuals listed below signed the original "Motion to Amend":

We, the People of the United States of America, reject the U.S. Supreme Court's ruling in Citizens United, and move to amend our Constitution to:

• Firmly establish that money is not speech, and that human beings, not corporations, are persons entitled to constitutional rights.
• Guarantee the right to vote and to participate, and to have our vote and participation count.
• Protect local communities, their economies, and democracies against illegitimate "preemption" actions by global, national, and state governments.

Initial Signatories:

Adrienne Maree Brown, Ruckus Society
Alec Loorz, Kids vs Global Warming
Andrew Kimbrell, International Center for Technology Assessment
Andy Gussert, National Trade Activist
Anne Feeney, musician
Baldemar Velasquez, President, Farm Labor Organizing Committee
Ben Manski, attorney, Exec. Director, Liberty Tree
Benno Friedman, photographer
Benson Scotch, former Staff Counsel to Sen. Leahy, U.S. Senate Judiciary Committee
Bill Fletcher, Exec. Editor, BlackCommentator.com
Bill McKibben, founder, 350.org and Third Act
Bill Moyer, Backbone Campaign
Brad Friedman, Publisher, The BRAD BLOG
Bill Scheurer, Editor of PeaceMajority Report
Brad Thacker, Be The Change USA
Brett Bursey, Exec. Director, South Carolina Progressive Network
Brett Kimberlin, Director, Justice Through Music
Brian McLaren, Christian activist & author
Bruce Gagnon, Global Network Against Weapons and Nuclear Power in Space
Carl Davidson, Progressive America Rising
Carolyn Oppenheim, Shays 2
Carolyn Raffensberger, Exec. Director, Science & Environmental Health Network
Charlie Cray, Center for Corporate Policy
Chris Kromm, Executive Director, Institute for Southern Studies
Dal LaMagna, founder, Tweezerman, Inc.
Dave Wells, formerly Board of Directors, Sierra Club
David Cobb, initiator of 2004 Ohio Recount
David Gespass, president, National Lawyers Guild
David Korten, author of When Corporations Rule the World
David Rovics, musician
David Swanson, AfterDowningStreet.org
David Wells, Jr., Nashville Urban Harvest
Dean Myerson, Executive Director, Green Institute
Deborah Mokma, Publisher of Sentient Times
Diane Wittner & Margaret Flowers, Chesapeake Citizens
Dr. Jill Stein, candidate for Governor of Massachusetts
Ed Garvey, attorney at law, editor, FightingBob.com
Emily Levy, Velvet Revolution
Fran Korten, Editor, YES! Magazine
Frank Arundel, activist
Gary Zuckett, WV Citizen Action
George Friday, National Coordinator, IPPN
George Martin, United for Peace & Justice
Georgia Kelly, Praxis Peace Institute
Glen Ford, Executive Editor, BlackAgendaReport.com
Greg Coleridge, NE OH American Friends Service Committee
Howard Zinn, historian
Jackie Cabasso, Executive Director, Western States Legal Foundation
James Gustave Speth, Distinguished Senior Fellow, Demos
Jan Edwards, writer
Jane Anne Morris, author, Gaveling Down The Rabble
Jeff Cohen, founder, FAIR
Jeff Milchen, founder, ReclaimDemocracy.org
Jeffrey Short, Ph.D., Pacific Science Director, OCEANA
Jerome Scott, League of Revolutionaries for a New America
James M. Cullen, editor of The Progressive Populist
Jill Bussiere & Sanda Everette, Co-Chairs, Green Party of the U.S.
Jim Hightower, author, columnist, and radio commentator
Joan Russow, PhD Global Compliance Research Project
Joel Bleifuss, Editor & Publisher, In These Times
John E. Peck, Executive Director, Family Farm Defenders
John Nichols, Washington Correspondent, The Nation
John Rensenbrink, President, Green Horizon Foundation
John Stauber, author, Weapons of Mass Deception
Jonathan Frieman, Co-founder, Center for Corporate Policy
Jonathan Tasini, candidate, U.S. Senate, NY
Josh Healey, Youth Speaks Josh Lerner, The New School for Social Research
Josh Silver, Executive Director, Free Press
Judith Pedersen-Benn, Unitarian Universalists for a Just Economic Community
Kai Huschke, Envision Spokane
Kaitlin Sopoci-Belknap, Democracy Unlimited of Humboldt County
Karen Dolan, Cities for Progress
Katherine Forrest, MD; Co-Founder, Commonweal Institute
Ken Reiner, inventor and founder, Kaynar Corp.
Kevin Danaher, Executive Co-Producer, Green Festivals
Kevin Zeese, Executive Director, TrueVote.US
Leah Bolger, CDR, USN (Ret), Bring the Guard Home! It's the Law.
Lewis Pitts, Lawyer, Legal Aid of NC
Lisa Graves, Executive Director, Center for Media and Democracy
Lori Price, Managing Editor, Citizens for Legitimate Government
Luis A. Cuevas, National Director, Progressive Push
Makani Themba-Nixon, Executive Director, The Praxis Project
Margo Baldwin, Publisher, Chelsea Green
Mark Crispin Miller, author, Fooled Again
Mary Zepernick, Program on Corporations Law and Democracy
Marybeth Gardam, Women's International League for Peace and Freedom
Matt Nelson, Just Cause
Matt Rothschild, Editor, The Progressive
Maya Schenwar & Matt Renner, Truthout
Medea Benjamin, co-founder, Code Pink
Michael Albert, Z Communications
Michael Bonnano, OpEdNews
Michael Marx, Corporate Ethics International
Michael Shuman, attorney, economic, author of "The Small-Mart Revolution"
Mike Ferner, President, Veterans for Peace
Mike McCabe, Executive Director, Wisconsin Democracy Campaign
Mimi Kennedy, actress, activist
Miriam Simos, Starhawk, activist and writer
Nancy Price, co-chair, Alliance for Democracy
Nick Pavloff, Jr., Gulf of Alaska Aleut from Kodiak Island
Norman Solomon, author, co-chair, Healthcare Not Warfare campaign
Patrick Reinsborough, SmartMeme
Paul Saginaw, founder, Zingerman's, Inc.
Prof. Peter Gabel, School of Law, New College of California
Prof. Victor Wallis, Managing Editor, Socialism & Democracy
Rabbi Arthur Waskow
Rabbi Michael Lerner
Rep. Michael Fisher, House of Representatives, Vermont
Rev. Edward Pinkney, Black Autonomy Network Community Organization
Rev. Lennox Yearwood, President, Hip Hop Caucus
Richard Mazess, Prof. Medical Physics, UW-Madison, CEO of Lunar Corp & Bone Care Intl.
Riki Ott, Executive Director, Ultimate Civics
Robert McChesney, professor, co-author, The Death and Life of American Journalism
Ronnie Cummins, founder, Grassroots Netroots Alliance
Sally Castleman, Election Defense Alliance
Sam Smith, Editor, Progressive Review
Sarah Manski, CEO, PosiPair.com
Shahid Buttar, Rule of Law Institute
Ted Glick, climate change activist
Ted Nace, author, Gangs of America: The Rise of Corporate Power
Theo Yang Copey, activist
Thom Hartmann, nation's #1 nationally syndicated progressive talk show host
Tia Oros & Christopher Peters, Seventh Generation Fund for Indian Development
Tiffiniy Cheng, Executive Director, A New Way Forward
Tim Carpenter, Executive Director, Progressive Democrats of America
Tom Hayden, activist
Ward Morehouse, chair, National Lawyers Guild's Committee on Corporations

* organizations listed for identification purposes only

Did we get your attention? 

The title suggests that we’ve ended our support for the We the People Amendment (HJR48).

Nothing could be further from the truth!

We continue to educate, advocate and organize wholeheartedly to pass the We the People Amendment to end political corruption due to money spent in elections that’s protected constitutionally as “free speech” and to end all forms of corporate rule due to corporations that’s protected constitutionally as “persons.” Both constitutional doctrines are bizarre and need to be abolished as essential steps toward We the People having the power to create policies that benefit us all, our communities and to ensure a livable world. 

However, from this point forward, National Move to Amend will no longer refer to HJR48 as the “proposed 28th Amendment.” 

Why? 

Elections are not only about candidates and issues. They’re also, as always, about money. BIG money. 

It’s estimated that total spending on the November midterm elections will top $9.3 billion, which will surpass the midterm record of $7.1 billion in 2018. 

Political donations are made directly to candidate committees, organizations like political parties that donate to candidates, Political Action Committees (PACs), and Super PACS. They’re also made to “social welfare” organizations and trade associations, which by law don’t have to disclose individual or corporate/organizational donors. This “dark money” that shields donors is used to wage outside “independent” (i.e. not supposed to be coordinated with the candidates that they are supporting) campaigns –  most of which are used to fund distorting “issue” attack ads. Dark money spending is soaring in elections. Though difficult to compute, it’s estimated that dark money groups “received $2 billion to $4 billion during the 2008 to 2018 election cycles.”

Last week, Senate Republicans blocked efforts to pass the DISCLOSE Act, which would have forced the disclosure of corporate and billionaire donors of dark money sources. Earlier this month, however, the Democratic National Committee panel refused to allow a vote on banning dark money in democratic primary campaigns – despite an onslaught on dark money that flooded into democratic primary campaigns targeting more progressive candidates. 

This comes on the heels of the massive $1.6 billion donation by a secretive Chicago industrialist to a non-profit run by Leonard Leo, the architect of the right-wing takeover of the federal courts – some of which will be spent on elections.

Passing the DISCLOSE Act in Congress and a DNC ban on dark money in primary elections were missed opportunities. Both should happen next year. 

The right to know the funding sources of political ads is a democratic necessity. But transparency by itself means little if mega wealthy individuals and corporate entities that don’t represent the interests of the vast majority of people are all the political voices we hear.

Yes, “dark” money is a big problem. But so is “light” money.

The never-ending increase in election spending – be it “dark” money or from sources we well know, is due to the decades-long constitutional ruling that political spending in elections by individuals and organizations is “free speech,” protected by the First Amendment. Abolishing “money is speech” is one part of HJR48, the We the People Amendment that with your help has secured, to date, 94 Congressional co-sponsors. 

Yet, democracy is more than elections. It’s also about governing – the right to decide policies, plans and programs. 

Abolishing “dark money” spending and even “money as speech” only impacts elections. Having more representative representatives by itself isn’t enough if they are limited or boxed in by constitutional limitations preventing them from improving people’s lives and communities.

Corporate rule would remain potent even without First Amendment “free speech” rights due to the corporate hijacking of Constitutional Amendments that were intended to apply exclusively to human beings.

Democratically enacted policies, plans and programs by representative representatives (or directly by individuals via ballot initiatives), for example, seeking to:

√ Label harmful ingredients on food packaging have been overturned in court as a violation of corporate First Amendment “right” not to speak

√ Ensure safe working conditions through regulatory inspections have been overturned in court as a violation of corporate Fourth Amendment search and seizure “rights.”

√ Favor local businesses over chain stores have been overturned in court as a violation of corporate Fourteenth Amendment equal protection “rights.” 

√ Saving the climate by forcing fossil fuels to be kept in the ground and not burned could be overturned in court as a violation of corporate Fifth Amendment takings “rights.”

For these reasons, ALL corporate constitutional rights – not just First Amendment free speech – must end, as stipulated in the #WeThePeopleAmendment. 

It’s not just dark money. It’s money as speech. 

It’s not just elections. It’s governing –  the right to decide – which is unattainable so long as corporations possess constitutional rights. 

Solidarity,

Shelly, George, Leila, Daniel, Saleem, Jessica, Joni, Milly, Keyan, Jason, Jennie, Tara, Alfonso & Greg

- Move to Amend National Team

Record Courier / Kent, Ohio / Sept 25, 2022 

https://www.record-courier.com/story/opinion/letters/2022/09/25/kent-public-hearing-to-focus-on-corporate-money-in-politics/69512581007/

Democracy Day public hearing

Our election system is broken because of the destructive influences of money in politics and the misguided notion that corporations may claim constitutional rights. With these rights, they are able to spend tremendous amounts of dark money through organizations and PACs to support the candidates who will serve their needs. And their primary need is profit. While profits are essential in a capitalist system, the needs of “we the people” should be primary since we are also a democracy.

Much will be said, remembered and commemorated on this day, the 21st anniversary of the tragedies on September 11, 2001.

While there are many lessons from what happened prior to, during and following that day, there’s one take-a-way that should never be forgotten: the political and economic power elite never lets a tragedy, catastrophe or crisis go to waste to further attempt to increase their political and/or economic dominance. 

In the case of September 11, a major success in this vein was the Patriot Act, passed soon afterwards to supposedly enhance “national security” to catch “terrorists,” specifically Middle Eastern Muslims inside the United States. While some of its provisions were intended to address problems that predated 9/11, most of the others allowed the government to more easily and effectively violate the privacy rights of innocent citizens and residents. These included tracking the activities of people on the Internet, compiling credit and bank records and expanding the monitoring of phone and email communications. September 11 was just a pretext by the government to enact unprecedented violations of civil rights and surveillance expansion that were labeled as “un-American” prior to 9/11.