Amendment Gazette Analysis Papers
When the question of unions arises in a conversation on amending the Constitution, it’s important to note that all collections of individuals can conceivably be described as unions and that members enjoy the same First Amendment freedom of association as anyone else, irrespective of the legal structure that the union operates under. It is not those individual union members, with their unalienable freedom of association, that are being addressed with respect to abolishing constitutional rights for artificial entities. It is only the legal apparatus – the piece of paper that represents the union organization – that is being described here.
Do non-profits require constitutional protections in order to function and protect the constitutional rights of their members, donors and beneficiaries? The simple answer is no and the Supreme Court has already shown us why.
Several organizations recognize that an amendment is the best protection against further incursion into the right of self-governance now and for future generations, but there are some areas of disagreement about how best to affect that outcome. Probably the most contentious of those issues is the Article V Convention or Convention of States.
Program on Corporations, Law and Democracy, MTA (Mar. 2, 2011)
“Corporations are creations of the state. As we documented in many resources over many years, they couldn’t exist in any form without the legal sanctioning of government. Since citizens are the source of all legitimate power in any representative democracy, We the People have the power to define corporations any way we see fit. We the People have rights and authority. Originally, corporations only possessed privileges bestowed by the state. ”
by David H. Gans and Ryan Woo, Constitutional Accountability Center (Jan. 20, 2012)
This Issue Brief will examine the history of the Supreme Court’s 1895 decision in Pollock v. Farmers Loan and Trust Co., which declared the federal income tax unconstitutional and led to a widespread public backlash not unlike the reaction to Citizens United.
by Benjy Sarlin, Talking Points Memo (Jun. 18, 2012)
“I think there are a great number of fronts that activists could proceed along,” Whitehouse said. “One is the regulatory front, to put pressure on regulatory agencies to do their jobs so that, for instance, the IRS is enforcing 501c4 laws and the FEC is enforcing the coordination rules. Some of the referees have taken themselves off the field on this and that’s allowing the special interests to rule-break with relative impunity. Trying to pressure the regulators to put striped shirts back on and get back on the field is something the public can do.”