Tuesday, July 01, 2014

The Estates of the Realm


A quick summary of the corporate owned SC is in order as seen by the New Republic. Concise, accurate and devastating, it's an article that should be read by every American concerned with what is happening to the 1st Amendment of the Constitution.

The Roberts Court is leading a free speech revolution of its own, but this time for the benefit of corporations and the wealthy.

This revolution is unfolding across a wide range of First Amendment provisions and doctrines, from Citizens United v. FEC, which protects political speech by corporations to Sorrell v. IMS, which makes it easier for corporations to challenge laws that regulate commercial speech. Today’s bitterly divided rulings in Burwell v. Hobby Lobby and Harris v. Quinn continue this trend by turning the First Amendment’s protection for the free exercise of religion and freedom of association into a sword to free corporations and other powerful interests from government regulation. More than the Court’s earlier First Amendment revolution, this series of deeply divided rulings resembles the aggressive, divisive, and now overturned rulings of the Lochner era, named after the infamous 1905 case Lochner v. New York, one of a number of cases in which the Supreme Court of the early twentieth century that struck down laws designed to prevent the exploitation of workers. During this era, the Supreme Court repeatedly expanded the constitutional rights of corporations and other businesses while dismissively treating the government’s interest in economic regulation. Today, we are seeing a revival of Lochner in the name of protecting free speech and free exercise of religion.    

Estates of the Realm - The Clergy, The Nobles, The Commoners.


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