WATCH: Separation of Corporation and State: The Birth of the 28th Amendment Movement

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Every so often an idea comes along that rings with such clarity and purpose that it ignites the imaginations of millions of people. That spark of excitement becomes hope, hope becomes action, action becomes community, and that community grows to become a movement. Marine biologist, author, fisherma’am, and Exxon Valdez survivor, Dr. Riki Ott has such an idea.
Exxon’s recently reported record profits marks a new height of American corporate corruption and influence over our federal government—corporations find more protection under the law than American citizens, health and safety regulations are stripped away to serve profits ahead of people, politicians serve only their corporate backers, and our environment is falling victim to the lustful greed of this disaster capitalism.
How did it come to this?
Dr. Riki Ott is launching the movement for the 28th Amendment to the Constitution: Separation of Corporation and State. In the video below, she explains what a 28th Amendment will accomplish, how it is possible, why it is necessary for our democracy.
In Riki’s own words:
In my book, Not One Drop, I answer the question I frequently heard on the streets in Cordova. (It’s a small town where people often visit in groups on Main Street or at the post office.) How did corporations get so big where they could manipulate our legal system?
As survivors of the Exxon Valdez spill and 20-year lawsuit, practically everyone in town has first-hand experience with a legal system that failed to deliver justice and Exxon’s promise to make us whole.
In researching our nation’s legal history, I found the answer. In this 4-minute video, I explain the solution—passing the 28th amendment to the U.S. Constitution: separation of corporation and state.
Please listen. Then ask others to listen. In Not One Drop, I explain this idea more fully. Together we can build a movement to restore government of, for, and by the people.
Please help Riki spread the word. Post this video to your blogs, web sites, emails lists, news sites, twitter feeds, facebook profiles, refrigerators, rusty truck bumpers, and anywhere else. Digg!
UPDATE 11/11/08: Check out the Facebook Group: One Million Strong for the Separation of Corporation and State
UPDATE 11/13/08:
TRANSCRIPT OF VIDEO:
I am a survivor and witness of the Exxon Valdez oil spill. It happened in my backyard, Prince William Sound, Alaska.
We have been in a lawsuit now for nearly two decades, and Exxon has managed to drag this out while it has managed to increase its profits to, basically, obscene levels: over $40 billion in net profits now. How did things get this bad?
The conclusion that I came to in Not One Drop is that we need the 28th Amendment to the United States Constitution: the separation of corporation and state.
Starting in 1886, judges started recognizing corporations had rights accorded to people. The first one was the 14th Amendment. And nowhere in the Constitution, nowhere in the Bill of Rights, do we find the word “corporation.” This is totally judicial fiat. What this has done is allow a consolidation of wealth and power to the corporations that now threatens to destroy the republic. We want separated church and state—we now need to separate corporation and state.
On March 24, 1989—which is when [the] Exxon [Valdez] grounded and spilled 11–38 million gallons of oil in Prince William Sound, I was commercial fishing. I held a commercial fishing permit, and I fished salmon. I also held a Masters and a PhD in marine toxicology. Exxon came to Cordova, Alaska, stood in our high school gym, and promised us, “We will make you whole.” Instead, Exxon worked behind the scenes to eliminate thousands of business claims. Exxon threw an army of attorneys at this case. And it’s not just the Exxons of the world, it’s any of these big transnational corporations have the ability, because of their wealth and power, to completely overwhelm small communities that get in their way.
If we had had the 28th Amendment to the Constitution, Exxon would not have been able to use the 5th Amendment and the 7th Amendment.
The 7th Amendment is that facts tried by a jury cannot be undermined or revisited by higher courts. So in this case, a jury of peers, ordinary people, determined that the price that Exxon had to pay was one year’s net profit. Exxon challenged the amount, and also that punitive damages should be held at all.
Exxon also used, in a related lawsuit, the 5th Amendment. The 5th Amendment is a takings—takings of property. After the Exxon Valdez oil spill, there was a federal law passed (the Oil Pollution Act of 1990) that essentially banned the Exxon Valdez from Prince William Sound. It banned any tanker that has spilled over a million gallons from transporting oil in Prince William Sound. Exxon said, that is a takings of our future profit: that’s illegal under the 5th Amendment. If Exxon was not a person, Exxon would not have been able to apply the 5th Amendment.
Five years after the Exxon Valdez ran aground, we had our hearing, and the jury awarded us—the fishermen, the natives—$5 billion in punitive damages and $287 million in compensatory damages. Exxon appealed that $5 billion for over fourteen years, and ultimately, the Ninth Circuit Court of Appeals finally threw its hands in the air and cut the 5 billion in half. The Supreme Court, in June of 2008, slashed the $2.5 billion to $507 million.
If we’re planning on passing a livable planet onto future generations, the democracy debate needs to be entwined with the sustainable future debate, and I believe now that the best way to do that is to pass the 28th Amendment to the Constitution—separation of corporation and state—and strip corporations of their personhood.























November 12th, 2008 at 12:11 am
I hope that we who have been trying to abolish corporate personhood for some years can make common cause with you if you are not already one of us. For all I know you are, since you phrase it that way at the end. Congratulationalions on this formulation!
Matt Clarke in Rockland Maine 207 594-6453. Please put me on your list. We have a new effort cooking here now.
November 12th, 2008 at 9:48 pm
Glad to hear this is happening. Why not try getting this message out on MoveOn.org and on Huffingtonpost? They’re excellent sites to get info out. I am more than sure that Arriana Huffington would allow such a generous person as Dr. Ott to write an article on her website. Also, why not team up with Jesse Jackson Jr? He has been trying to get an amendment to the constitution passed that gives us a FEDERAL right to a vote. We share common goals of controlling illegal corporate access to human rights and the desire that humans have a Federal right to a vote.
November 14th, 2008 at 1:15 am
So what is the text of the proposed amendment?
Hard to get behind anything that doesn’t seem to be written down anywhere.
November 14th, 2008 at 3:12 am
[…] And the Chelseagreen posting […]
November 14th, 2008 at 3:14 am
my suggested version of such an amendment is here on my blog
It has some teeth, but allows corporations to exist.
November 17th, 2008 at 12:05 pm
This effort shows a lack of knowledge about this country and how it is operating. It is the biggest corp of all as is each state. All counties and cities are corp’s also. The school system as left us very ignorant of the truth about the goverment of this country. I promise a 28th admentment will not do the job.
November 25th, 2008 at 10:50 am
[…] influence over our government. She recently started a movement which is quickly gaining traction: the 28th Amendment to the US Constitution—the separation of corporation and state&mdash. The amendment would strip corporations of […]
November 25th, 2008 at 8:47 pm
[…] 26, 2008 · No Comments WATCH: Separation of Corporation and State: The Birth of the 28th Amendment Movement Every so often an idea comes along that rings with such clarity and purpose that it ignites the […]
December 1st, 2008 at 4:57 pm
[…] for all individuals in the US, through the development of the 28th Amendment, fighting for the separation of corporation and state. Get ready—Riki is changing the […]
December 12th, 2008 at 9:46 pm
[…] #3 WATCH: Separation of Corporation and State: The Birth of the 28th Amendment Movement […]
March 28th, 2009 at 11:11 am
[…] WATCH: Separation of Corporation and State: The Birth of the 28th Amendment Movement […]
August 26th, 2009 at 12:39 am
[…] so powerful that its voice would drown out that of the people. Maybe it’s time to pass that constitutional amendment to kick business and other special interests out of […]
August 26th, 2009 at 1:27 am
I was in Cordova and the Prince William Sound fishing some years after the Exxon Valdez spilled her guts. the fish had big sores on them that looked like oozing cancers that I pulled out of the water. Such a horrific tragedy and an even greater tragedy that Exxon was never punished in any meaningful way. Time for this Amendment to the Constitution, high time. I hope it gets some traction in the country. I am so sick of corporate greed, as should every American, the constituents for our elected officials is business and corporations…people, the environment, clean air, water and safe food be damned!
September 18th, 2009 at 1:15 am
[…] WATCH: Separation of Corporation and State: The Birth of the 28th Amendment Movement […]
January 23rd, 2010 at 11:38 am
With the supreme court ruling this week, I believe the time has come for the separation of Corporation and State - the 28th Amendment.