Friday, April 26, 2013

Very interesting Amendment to address the corporate and strawman fiction .


Very interesting Amendment to address the corporate and strawman fiction .....

…on the 14th Amendment to the united States of America Constitution… THE American Trust Agreement of, for and by the PEOPLE.
"There are no men or women defendants in the instant case; they are various business entities…legal fictions, existing not by natural birth but by operations of state statutes…Such business entities cannot have been 'born equally free and independent,' because they were not born at all. Indeed, the framers of our constitution could not have intended for them to be 'free and independent,' because, as the creations of the law, they are always subservient to it.
The various states…allow for business entities to exist but are not required to establish them. In the absence of state law, business entities are nothing. Once created, they become property of the men and women who own them, and, therefore, the constitutional rights that business entities may assert are not coterminous or homogeneous with the rights of human beings. Were they so, the chattel would become the co-equal to its owners, the servant on par with its masters, the agent the peer of its principals, and the legal fabrication superior to the law that created and sustains it."

-President Judge Debbie O'Dell-Seneca Opinion & Order in the Court of Common Pleas, Washington County, Pennsylvania

Judge O'Dell-Seneca was careful to highlight how corporations are treated differently by federal and state constitutions, by tracing Pennsylvania's back to the original 1776 version: (parens added)
"Had the framers intended the protections of Article I, § 1 (the inherent rights of mankind) to extend to business entities, they certainly could have written, 'All persons are created equally free and independent ....' They did not. Indeed, it is federal Amendment XIV's use of the word 'person' that makes its protections applicable to business entities, because its drafters were presumed to have known that 'person' is a legal term of art, encompassing business entities under the common law. This was so clear that Chief Justice Waite ruled, prior to oral argument, that:
'The court does not wish to hear argument on the question of whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protections of the laws, applies to these corporations. We are all of the opinion that it does.' Santa Clara County v. Southern Pac. R. Co., 118 U.S. 394, 6 S.Ct. 1132 (1886).
Critically, the exact opposite conclusion is derived from plain language of Article X of the Constitution of the Commonwealth of Pennsylvania. It provides, in pertinent part:
§ 2. Certain Charters to Be Subject to the Constitution
Private corporations which have accepted or accept the Constitution of this Commonwealth or the benefits of any law passed by the General Assembly after 1873 governing the affairs of corporations shall hold their charters subject to the provisions of the Constitution of this Commonwealth.
§ 3. Revocation, Amendment, and Repeal of Charters and Corporation Law
All charters of private corporations and all present and future common or statutory law with respect to the formation or regulation of private corporations or prescribing powers, rights, duties or liabilities or private corporations or their officers, directors or shareholders may be revoked, amended or repealed.
Thus, the constitution vests in business entities no special rights that the laws of this Commonwealth cannot extinguish. In sum, Defendants cannot assert the protections of Article I, § 1, because they are not mentioned in its text."
In a footnote, O'Dell-Seneca added,
"…unlike the Constitution of the United States wherein the word 'corporation(s)' never appears, the framers of the Constitution of the Commonwealth of Pennsylvania wrote that word 23 times. All such uses limit corporations; none grants them rights."
Elsewhere in her Opinion and Order, the judge quoted a 1687 document by William Penn, holder of the royal charter that founded the state, in which Penn examined notions of liberty addressed in England's Magna Charta. O'Dell-Seneca noted that, "...nothing in his writings on liberty suggests that Penn thought that those rights inured to businesses."
Gradually, beginning in the late 1800's, the U.S. Supreme Court helped corporations usurp all manner of "Bill of Rights" protections that were initially intended only for living, breathing humans, such as free speech and equal protection, and recently, the Supreme Court ruling on political campaign finance.
…language such as that found in decisions from Ohio and New York:
"Corporations have such powers, and such only, as the act creating them confers; and are confined to the exercise of those expressly granted, and such incidental powers as are necessary for the purpose of carrying into effect powers specifically conferred."
Elias Straus and Brother v. The Eagle Insurance Company of Cincinnati, 5 OS 60 (1855) Ohio Supreme Court

"The corporation has received vitality from the state; it continues during its existence to be the creature of the state; must live subservient to its laws, and has such powers and franchises as those laws have bestowed upon it, and none others. As the state was not bound to create it in the first place, it is not bound to maintain it…if it violates the laws or public policy of the state, or misuses its franchises to oppress the citizens thereof."
The State ex rel. v. The C.N.O. & T.P. Ry. Co., The State ex rel. v. The C.W. & B. Ry. Co., 47 OS 130 (1890) Ohio Supreme Court
"The judgment sought against the defendant is one of corporate death. The state which created, asks us to destroy… The life of a corporation is, indeed, less than that of the humblest citizen... The abstract idea of a corporation, the legal entity, the impalpable and intangible creation of human thought, is itself a fiction, and has been appropriately described as a figure of speech.... the defendant corporation has violated its charter, and failed in the performance of its corporate duties, and that in respects so material and important as to justify a judgment of dissolution.... Unanimous."
NY State Court of Appeals, People v North River Sugar Refining Co., 24 N. E. 834 (1890)
promises to return to common usage the language that courts once used to keep corporations subservient.
"Organizations" & groups of live people are continuing to research, study, discuss and share these concepts and ideas using all the methods of communications available to them in this day and age. Some are:
The Divine Province, http://divineprovince.org and;
"Today, MoveToAmend.org is consolidating that experience and energy into a national movement to put forward a U.S. Constitutional Amendment that would end the twin, destructive fantasies that a) money is the same as speech and b) corporations are persons." and;…
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Please feel free to distribute this information in any way possible, add to it, especially with other groups that are pursuing the same knowledge and acknowledgement thereof…


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