Hawaii just entirely removed corporations' power to spend money in politics. This could be a game changer for US democracy.
https://www.instagram.com/reel/DYSEGhzgHKv/
CONTACT YOUR STATE LEVEL REPRESENTATIVE NOW!!
https://www.ncsl.org/legislative-leaders/state-legislative-leaders
View original on lemmy.ca
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The power to create and limit corporations has been the exclusive power of States for 200 years and upheld multiple times in SCOTUS.
Lets fuckin GO!
Devils advocate:
You're also sure it will be upheld under this SCOTUS?
SCOTUS will not have time for this before the midterms. So still a win for now.
Latest last week tonight is An eye opener on what they can really do when pressed by time and don't give a fuck.
The "Shadow docket" says hi.
In this instance it isn't law yet so I doubt there will be a rush to get to the SCOTUS yet, but the shadow docket is their favorite go-to with this administration to rush through whatever ruling they deem
will help Republicansimportant.Ugh unfortunately a valid point.
Obviously not but wtf are they gonna do about it? They can't reign in a senile clown. As if they're gonna do anything California or New York gives a fuck about at this point.
What are they going to do?
"Corporations are people as per already established rulings."
"Political contributions are considered speech as per already established rulings."
"Hawaii is taking away poor poor corporations right to free speech under the first amendment, therefore it's unconstitutional and will be made null and void. Have fun shoveling money at your chosen candidates corporations! Don't forget my paycheck!"
https://youtu.be/oBGpEcPrbso?t=212
Not sure what the downvotes are for unless they just don't like having a video as a response.
I'm a bit confused on the language because he says the state the corporation was created in give them their rights, so wouldn't any corporation not from that state be able to spend anyway?
I didn't down vote, but I really would prefer text
My thinking is that any major corporation isn’t willing to give up business in an entire state but that’s a great question and if someone has a more definitive answer I’d love to hear it.
I believe you are correct. This is why as many states as possible need to follow suit.
I’m not a defeatist. I called you out for spamming, which you were, cause a mod deleted your spam and the comments where you were insulting me and others.
Your modlog is public. If you lie about it, everyone can see that you lied.
Love it.
Just kinda sucks that your rights are dependent on your zip code here in the US.
Minorities have had to deal with this since about the 1500s.
I don't know, I don't think we had zip codes in the 1500s...?
The Spanish brought slaves to Florida in the early 1500s, but I doubt they would ha e been treated the same if they had escaped to other parts of what is now the US.
Uhh, I was just making a glib joke about specifically the "zip code" aspect of the statement...
I mean, personally I'm glad I at least have rights in my state rather than being stuck with the lowest common denominator of bigoted shitbag decision making.
I'm glad for you.
Still shitty that so many in this country don't.
Thankfully we can at least provide somewhere to go for many of them, and we will continue to serve as a rallying point for developing better policy at the national level when the opportunity arises.
family/neighborhood/city/state/country/empire/hemisphere/world. Always weird to me where people draw the line. Bigger means more folks get to say what your rights are. Smaller means less people get the widely agreed rights.
Well, if every state had the same laws we wouldn't have a fallback position. We thankfully have the option of pushing to change federal law when the opportunity arises, but as we've seen since the election there's a degree of flimsiness there. Having strong state-level legislation in places where it isn't too controversial preserves better policy through bad administrations. We can continue to serve as an example and build support, and it gives people somewhere to go if they need to get out of their own states.
Without more atomic and variable state laws, it would be much harder to make real progress at a national level. The EU's model of smaller nations banding together lends itself to a similar strategy. It means you can build consensus at the local level, show that what you want works, and build out from there.
I'd love to see more of the policies we have locally applied to a national level, but they certainly wouldn't get there if we didn't have a more isolated arena in which to develop them. Conservatives can take advantage of localized political development too, but they lack the benefit of not being evil.
Always has been 🔫
Kinda the point of state's rights
Corporations literally just won the right to straight up vote in elections in Delaware…
Which bill are you referring to?
Quick search, I found this from Reuters
Holy shit that is insane
So I can buy a building and sell closet space to other companies (which I also own) for infinite voting power. This is absurd.
What’s preventing a megacorp from buying a bunch of small shell companies and voting in their own best interest?
I am curious how the voting actually works, though.
Or every citizen to register ten corps each and fight back with more votes... Won't end well, no matter.
Apparently you also have to own land so average folks are hosed.
There it is. 😐
Yeah, it seems like a very simple argument that since every individual owner of a corporation gets a vote, that the owners as a group should not get an additional vote.
I mean, the courts are no longer about what's logical or fair, obviously, but still.
Never in my life have I ever seen it written this way.
I also like the note about there being “far more corporations” in DE than residents. So I guess this is just a case of it not having been demonstrated yet. I wonder how much it costs to license a company in DE. I wonder how hard it would be for the Internet to absolutely make these morons eat their words. 2 elections? 3?
$110 to file an LLC, plus $300/yr fee.
This is the next thing for the r/wallstreetbets folks should do! Put all that GME $$$ to good use!
I like that except they will definitely find a way to undercut that right quick just like they did with the GameStop stuff, illegally I might add
It’s funny I was looking through my notifications and saw this one after replying to the other guy with my GME comment.
Wait what did they do with the GameStop stuff? I haven’t heard of this.
Robinhood canceled a bunch of people's trades retroactively because it was harming the corporations that were shorting the stock.
Oh no. It's not even new. WTF, Delaware?
So not only is the state of DE a tax haven, and cravenly pro-corporate at that, but this would allow all those companies chartered there (with nothing more than a rented closet and PO Box) to continue to vote for the status quo. If the good people of that state wanted to vote these assholes out and/or make corporate voting illegal, it's possible that they no longer can.
Can we just wipe Delaware off the map and replace it with Puerto Rico?
PLEASE DO!
So, the ruling requires you to own land.
So someone should buy a few acres and sell 1x1 foot lots for a boat load of money.
Ugh. I don’t want to live on this planet anymore
The planet is fine (well, apart from the fact that it has that ugly smear that is 'Murica on it)
The civilised world sneers at 'Murica for good reason
We would like to isolate the US like you'd send a petulant toddler to their room
Did you forget about other places such as the uk and Germany?
I can smell the corporatism coming
And that right can be expressly denied by states now!
Meanwhile, Delaware is making it so corporations can vote there.
Jesus, no way? I can't look that one up, my brain can't handle it right now. Logging off the internet for the night...
That just means they're desperate for votes ;)
A lot of companies are Delaware companies despite not being in Delaware.
Likely due to state corporate taxes.
These state restrictions/etc on corporate powers are for all corporations who operate in the state regardless of what state they were originally incorporated in.
So AFACT any corporation can vote in delaware, not just delaware based ones.
Absolutely based. Great job Hawaii!
BASED AF
Ugh, Instagram. Would love to watch it but I'm not using that garbage platform.
Unfortunately I can't find a clip of her speech anywhere else online.
Shit's getting wild.
Delaware says corporations can vote.
Hawaii says corporations can go fuck themselves lol
Note that the bill is out of conference committee now (with these changes) and was signed on 14 May.
As someone who doesn’t speak legalese, are the changes significative? Does everything written in the article still apply?
I think so. There's just one significant change that I don't think affects the main goal.
The law said that corporations had artificial-person rights, "the same powers as an individual to do all things necessary or convenient to carry out its business and affairs", including (but not limited to) those in a list. _Citizens United _ basically tacked electoral spending onto that list. The original bill would make the law say "[corporations will only have these rights that we say and nothing else]" followed by the original list. The version that was signed is much more like the original law; it said corporations had artificial-person rights other than electoral spending including (but not limited to) those in the original list.
There was also a later amendment that changed the effective date from 1 January to 1 July.
…being honest I didn’t really understand what the change entails but thanks anyway, I’m sure someone else with more knowledge in US law will find the answer useful!
How very ridiculous, now watch how the feds will bend over backwards to keep Citizens United and corporate cash; it's been a windfall for our poor beleaguered representatives who just need money even though they already make more than the vast majority of their constituents.
Good job, Hawaii, thank you! (will the governor even sign? let's watch)
Citizens united was one of the worst things to happen to U.S. citizens.
Citizens United in Getting Fucked, amirite?
In Hawaii's two houses, only one rep. voted against it.
Primary those traitors.
Hard to say. A brief look at Josh Green indicates to me he's a true public servant being Democrat and having spent 2 decades as a physician.
And, how long till the corporations filthy lawyers find 20 loop holes to get around it?
Couple things.
So basically loopholes aren't a free pass if the effective outcome is ultra vires than the action will be void by law.
The ones that do work would effectively be zero day exploits that the state legislature could patch. I would also expect state legislatures to uncover some of these loopholes during the process and preemptively amend their bills to prevent them.
Loopholes are a free pass when the judicial branch won't enforce the laws that stop it. All of that is great when everyone is acting in good faith, except the government doesn't act in good faith anymore.
Evil wins when good men do nothing.
SCOTUS/Judicial branch would not be the ones the ones enforcing the laws the states would.
not you too ignoring that the video you posted says he signed on 14 may 😭
@[email protected] @[email protected]
It doesn’t take effect until 2027. So they have plenty of time to overturn it and keep cheating for the midterm elections.
I think the reason for it is if they had it take effect now it would be appealed to USSC and then stayed anyway.
Yeah. Makes sense. Still, should make the change effective immediately.
This is the equivalent of “we’re going to fix the problem next time”
It'll never be enforced, and the Hawaii Democrats know it. I guarantee you that before the year is out the USSC will rull from the shadow docket that this is unconstitutional. Like, what type of federal government do you think is in power right now?
Genuinely wild that democracy is propped up by private industry to ensure their own interests. Its farcical.
It's almost like capitalism is inherently incompatible with democracy.
except all those democracies where its completely fine.
Such as?
Europe, Asia, Oceania, Africa, the Americas
In other words, the entire world. Including the United States, which is part of the Americas, and whose democracy is perfectly healthy and completely uncorrupted by any effects of capitalism. /s
The problems with money (capital) in American politics started long before Trump. Even before Citizens United v. Federal Election Commission opened the doors to unlimited corporate spending in 2010, money was a stronger predictor of election outcomes than early polling and campaign finance laws had been eroding at least as far back as 1976.
Just beacause the person with the most votes is in office doesn't mean that everything is "just fine" - the process of how candidates are chosen, access to voters, media spin of their campaigns, districting, polling place access, polling station access (hours, location, laws around time off work to vote), early voting and mail-in rules - all affect the eventual outcome and all are completely broken in the US.
Is it still a democracy? Technically yes. But it's on life support, and it's the billionaires and major corporate donors that will decide whether and when to pull the plug.
You can hate Trump all you want and I do but he is democratically elected and we'll have to wait until 2028 to see if that changes.
The more capitalism is limited, the better it is to live in those places. Unless of course the country is owned or populated by oligarchs, because their slaves probably don't tip the scales on the data that gets published.
Is it though? Is it fine for the majority of people in the world that there are a few countries that extract wealth from elsewhere so that their citizens can have a better life?
It's certainly cheaper to bribe a handful of representatives than it is to bombard the entire population with propaganda.
Although it's wishful thinking to suggest they won't go back to that to get what they want.
Let's hope that the oligarchs that own the news we watch, the newspapers we read, and the streaming service we consume, stay kind and don't start using those platforms for spreading propaganda! Man I'd be so upset if it turns out that all this time I've been watching and reading propaganda and taking it as fact and basing my opinions on it.
With "AI" and all these new mega scale data centers popping up, they'll be able to do both at the same time for half the price!
Hold for the supreme court overturning it in 4... 3...
I'm sure Clarence Thomas has a gift about it. Wait, did I say "gift?" What a silly thing to say. I meant "opinion."
This is a terrific model for the other states.
wait for the supreme court to overturn it because it "violates the free speech of companies" or sth
that's why we need states' rights, sothat we're resilient against the bullshit of the fed.gov. because let's face it, 90% of the fuck-ups happen at the fed.gov level. the municipality can do a lot of good. the city builds schools, the fed.gov goes to war with iraq.
mamdani paves the way. that's what we need in every city. taxes should be paid to the city, not to the fed.gov. that's what brings political power down to the lower level, closer to the people, holds politicians more directly accountable since they now live within walking distance of the population and every vote matters more on the smaller level.
Interesting that Democrats have become the party of state's rights now.
It's always been a defensive redoubt for the party out of power. Very popular among Democrats during the Bush and Reagan years, too.
that was trump's plan all along :p
Absolutely. I would encourage you to give the video a watch as this part directly addresses your concerns about 'violates free speech' and state rights.
It's a damn shame Mamdani is ineligible to run for president.
not sure it will have any effect in federal politics but love it at the state level
It will once it gets appealed up to SCOTUS and the right wing bought & paid for majority slips it back over.
A state can do that? That's AMAZING!
If this passes the courts, then this is a massive game changer. Blue states can do it, and once they start getting better, the Red states will want to it, and they can have the battle with the wealthy to remain corrupt. That will be fun to watch.
i don’t think democrats would like it
They'll probably prefer it to the gallows. The people are really starting to get antsy.
you're saying they would be afraid of the gallows, for the sole purpose of saying they'd do it, which would mean that we wouldn't need to give them the gallows. that is one step away from saying we don't need the gallows because they'd do it by themselves. that is dangerous.
This is a state which was once a kingdom, but private corporations slowly encroached on it in the guise of improving its standing in the world, until the oligarchy launched a takeover which deposed the kingdom completely then systematically handed rule over to the US.
Um, I think you mean the US overthrew their monarchy and annexed it.
But let's not forget the golden maxim of democracy: It's OK when WE do it!
Now would you like a nice pamphlet called "Russia BAD very very BAD"? We'll only put the Raytheon CorrectThink(^tm)^ beams on low! At first...
As a non-USAian and not a lawyer, what is the difference between power and speech? Isn't removing the power to "speak" (donating money) not an infringement on "free speech"?
Edit: The article OP shared helped
It's like bring born without a mouth: you can't speak so there's nothing to prevent --> no infringement on "free speech".
Good question. TLDR speech is expression not capability
Corporations are legal entities created by the government whose jurisdiction they operate. As such everything they are allowed to do is fundamentally authorized by the state that creates them.
The video in the main link actually does a fantastic job of explaining this if you watch it through. Here is the relevant part to your question.
Thanks, the article helped more than the video :)
Thanks for sharing both.
Yea I prefer reading as well!
All the way up until the US Supreme shuts that down
https://youtu.be/oBGpEcPrbso?t=212
Sure but the current supreme court is openly corrupt. But who knows how far they are willing to go.
Fully agree. But what is the enforcement mechanism for SCOTUS to make the states repeal these laws if they indeed pass them?
Constitutional power is fundamentally different from the legal precedents SCOTUS has been overturning. Violating the constitutional right of a state could set a new precedent of State Supreme Courts ruling SCOTUS decisions illegitimate -based on constructional law.
I just don't see what SCOTUS can do about it other than wag their corrupt fingers in the air.
When it comes to the federal government, the answer to "what are they gonna do about it?" is basically always "They're going to use violence." Bush and Obama both raided cannabis dispensaries in legal states.
Granted I'm not sure exactly what they'd target in this case and it would create even more public backlash, so maybe there's a chance that this change survives.
POTUS has already played that card and the American people saw right through it.
like how is SCOTUS going to force the 4th and 12th largest economies in the world (California & New York) to do anything? Especially if other states join them.
If they use Economic retribution Canada will step the fuck in and make exclusive trade deals.
IMO if states wanted to repel federal agencies, they could.
You could be right... but as a Californian, I'd never underestimate Gavin Newsom's spinelessness.
Newsome is a gormless coward but the state Congress is actually relatively progressive and has some amount of collective spine. Hell if that piss weasel Bianco or what's his name win there's a solid chance the California Congress would just impeach day one. The only reason Bianco probably isn't in a cell is because the Sheriff's have way too much leeway.
Well I guess it's up to you Californians to bend his spine in your favour.
https://www.ncsl.org/legislative-leaders/state-legislative-leaders
Regardless, not trying plays into the favour of the corporate fascists. What do we have to lose if this doesn't work?
That "something" is much more likely to be "partnering with Trump to have you labeled as a domestic terrorist and thrown in a concentration camp alongside all those immigrants with no criminal records" than "reforming the laws that allow them to engage in bribery and quid pro quo deals"
Fuck ya LETS GOOOO
They really should do this with a lot more activities, make gambling legal but illegal for any corporation to be involved in. That way a couple friends can make friendly wagers but huge corporations aren't ruining millions of lives through gambling addiction.
Instead we have it completely backwards, legal for corporations to take bets with a house advantage doesn't matter how many people gamble their rent money away, but then if joe schmoe has poker night at his house with a few friends, he's got to worry about the cops raiding his home.
This was already legal.
The prohibition on gambling is predicated on a share of the winnings going to a House. Specifically, "bookmaking", where a broker arranged odds and returns on multiple parties. Regulated gambling is all predicated on state enforcement of fair betting procedures and machines with set odds.
Nobody was getting arrested for doing handshake bets on the Nicks playoff outcome. At the same time, no court was going to honor a lost bet as a debt owed to the winning party.
I mean yeah but why can't Nick charge 10$ a person to cover food drinks and service? That would be illegal, but a multinational conglomerate using the power of the state to ruin addicts' lives is encouraged.
You've just described how legal poker halls work.
Can states ban corporations? That'd be nice.
Corporations are fundamentally state created entities. So in theory a state could do that.
But corporations aren't inherently bad. For instance Municipal Housing Corporations are usually the vehicle for producing rent-controlled affordable housing.
Not for profits are also corporations.
If we want to nationalize things like energy and internet away from the private sector we would still use corporations to do that.
Ban private corporations.
Or create new structures.
Its all made up!
We can change to suit our needs.
that’s a lotta power you’re ceding to the state, mate
anarchism 😎
edit: think about it. only the state's cronies get to keep their money when their taxpayer-funded enterprise crashes and burns?
Even in all of those cases, I'm of the view that if it isn't a democratized organization, then it is at least a potential threat to democratized institutions.
We'll see how it goes. Politics in Hawaii are very.. different that the continent. There are very entrenched power structures still in place from the kidnapping of Queen Liluokalani. Effectively the same sugar planter families responsible for the coup still largely control business and politics on the islands. And they were eugenics practicing but jobs looking to maintain a plantation system modeled after slave systems in the American South and the Caribbean, complete with racial heirarchies and the Master and Servants act. The impacts of that history get largely glazed over with lei stands and Aloha.
Most people outside of the islands probably don't know terms like "Asian settler colonialism" or recognize that in large part, the modern Hawaiian sovereignty movement is as rightwing and reactionary as the boogalou boys, and as kookie as the sovcits movement. Hawaii might be a blue state but it's hardly a monolith.
Also, Green, Schatz and Case all suck massively. I can't find any one to run to replace Case.
It's wild how hard the West side of O'ahu went for Trump. I get that decades of Democrats not hardly doing anything for Kanaka Maoli is bound to breed resentment, but I cannot fathom how folks can think that Trump is somehow going to support Hawaiian sovereignty. I mean, da guy is actively trying to cut federal funding for things like Hawaiian Homelands and OHA. Lolo!
As for Green, Schatz, and Case... we deserve better.
I'm out here in the thick of it. Bout to head down to Makaha beach and watch sunset and drink a beer. Trump get one "Hawaii Strong" and they give'm plenty votes. Then we get Samantha Decorte, buggah dont do nothin. But I try to not even see how the Kanaka community is a monolith. Plenty ain't down with that "Don't mistake Aloha for strength" angry reactionary politics, but they a minority within the Kanaka community.
I think the biggest issue we face on the west side is something that even few Democrats are willing to address, which is that people here don't think government can work. They just don't believe its possible because they've never seen it. And fair enough right like I get it because I've also never seen a government that works for its people.
What I think we need is something like the Mandami race. We need to have a candidate, maybe for governor, but someone who is there to make the argument that Hawaii needs to be affordable so that local kine can stay local. Someone who is committed to the project of making government work for the people.
I used to be a Libertarian, convinced by the whole idea of "government that governs least is the government that governs best" or whatever. But in that I was also exposed to the US Founder theories about government being a kind of "necessary evil." After awhile I came to realize that, yeah maybe government is a "necessary evil" but that doesn't mean that we shouldn't try and make that necessity something can work for us rather than against us. Which helped me see that Libertarianism is basically a grift to let wealth-hoarders maintain their addiction at the expense of everyone else. So yeah, bring on the Hawai'i Mamdani! I mean, the whole ahupua'a concept is based on equal distribution of resources and goods!
Great!
The reasoning explained in the article makes sense to me, but as a non-lawyer I've learned that lawyer logic is not always the same as the kind the rest of the universe operates on. But I sure hope this works!
Does Citizens United even matter that much anymore? We're at the point where individual billionaires are making massive campaign donations and even transparent bribes. Removing the ability for corporations to contribute to campaign finance just reveals one layer of dark money, but it doesn't solve the problem of the power of wealth in politics.
It matters in that a lot of actors would rather remain private (as demonstrated by the very existence of super-PACs).
However, all of this money should be cut off from our elections. What other country does this? The USA has a constant campaign cycle and we're spending an unfathomable amount of money to pitch unpopular candidates. We can do that for free, believe it or not we don't need to buy advertising from FOX and NBC.
I'm not familiar with world-wide campaign financing rules, but it seems to me almost anything else would be preferable to corporate sponsorship and control of politics.
It would be better if the politicians wore patches on their sport coats showing who their sponsors are. Larger patches for larger donors
Don't wanna be the party popper, but corporations will still find a way. It would just happen more covertly.
People are allowed to create independent campaigns for candidates as long as they don't coordinate with the official campaign. These independent campaigns can spend unlimited money and are protected by the first amendment since citizens united passed. But most people dont want to go through the hassle of creating a campaign.
What Hawaii has done will stop PACs and is a big step to stop dark money.
I am just saying what happened over the table will start happening under the table. I come from third world, I am just uttering what I see here
And you're almost certainly correct, but honestly that would still be an improvement to legalized corruption.
so, organizing people and doing stuff like that under the table to get around limits and such is the basis of a lot of different crimes.
Guessing it will be something like a "donate and we'll compensate that donation y%", where y might even exceed 100, or maybe even just a vague "if x candidate wins, we'll be doing so well everyone will probably get a raise".
I'm of the belief this changes nothing or makes things worse. Political advertising is very regulated (not that the US government enforces regulation). The money isnt going to disappear from the race it will shift from political to non political. Once its non political it opens up a lot more options for influence.
Hawaii is a Republican state but somewhat progressive. And so is Alaska.
Huh? Hawai'i is among the bluest states in general elections. What are you talking about? It's kind of famously a one-party state (source: I live in Hawai'i)
(Now, whether or not those who have a D next to their name are kind of closet Republicans is a different conversation)
Do this to USA? And what gun, self driving and AI companies will do after?
I'm sorry I don't follow.
If you don't stop these companies will infiltrate politicians with money to pass lows in their favour, so they make even more money.
Yes, that's why Hawaii is doing this--to stop that.
That has been how things have in been done in the US for almost a century