Model Amici Curiae Brief to Eliminate Corporate Rights, by Richard Grossman, Thomas Alan Linzey, & Daniel E. Brannen, 9/23/03
October 22, 2010 § Leave a comment
Summary of Argument
The people of these United States created local, state, and federal governments to protect, secure, and preserve the people’s inalienable rights, including their rights to life, liberty, and the pursuit of happiness. It is axiomatic that the people of these United States — the source of all governing authority in this nation — created governments also to secure the people’s inalienable right that the many should govern, not the few. That guarantee — of a republican form of government — provides the foundation for securing people’s other inalienable rights and vindicates the actions of people and communities seeking to secure those rights.
Corporations are created by State governments through the chartering process. As such, corporations are subordinate, public entities that cannot usurp the authority that the sovereign people have delegated to the three branches of government. Corporations thus lack the authority to deny people’s inalienable rights, including their right to a republican form of government, and public officials lack the authority to empower corporations to deny those rights.
Over the past 150 years, the Judiciary has “found” corporations within the people’s documents that establish a frame of governance for this nation, including the United States Constitution. In doing so, Courts have illegitimately bestowed upon corporations immense constitutional powers of the Fourteenth, First, Fourth, and Fifth Amendments, and the expansive powers afforded by the Contracts and Commerce Clauses.
Wielding those constitutional rights and freedoms, corporations regularly and illegitimately deny the people their inalienable rights, including their most fundamental right to a republican form of government. Such denials are beyond the authority of the corporation to exercise.
Such denials are also beyond the authority of the Courts, or any other branches of government, to confer.
Accordingly, the constitutional claims asserted by the [x corporation] against [y government] must be dismissed because those claims deny the people’s rights to life and liberty, and their fundamental right to self-governance.