Ordinances and Constitutional Amendments

Alaska

AN ORDINANCE BY THE FIRST CLASS BOROUGH OF __________, __________ COUNTY, ALASKA ELIMINATING CONSTITUTIONAL PRIVILEGES FROM CORPORATIONS DOING BUSINESS WITHIN THE BOROUGH

Section 1. Name. The name of this Ordinance shall be the "Corporate Privilege Elimination and Democracy Protection Ordinance."

Section 2. Authority. This Ordinance is adopted and enacted pursuant to the authority granted to the Borough by all relevant state and federal laws, including, but not limited to, the following:

The general authority granted by the Constitution of Alaska and the Municipal Government Code to make and adopt all such ordinances, bylaws, rules, and regulations as may be deemed expedient or necessary for the proper management, care, and control of the Borough and its finances and the maintenance of the health, safety, peace, good government, and welfare of the Borough.

The Constitution of Alaska, Article I, � 2, which provides that all government originates with the people, is founded upon their will only, and is instituted solely for the good of the people as a whole.

Alaska Statutes Tit. 29, Municipal Government, � 29.35.200, which gives first class boroughs the authority to exercise by ordinance on a nonareawide basis any power not otherwise prohibited by law.

Section 3. General Purpose. The general purpose of this Ordinance is to recognize that:

(1) A corporation is a legal fiction that is created by the express permission of the people of this Borough as citizens of this State;

(2) Interpretation of the U.S. Constitution by Supreme Court justices to include corporations in the term "persons" has long wrought havoc with our democratic process by endowing corporations with constitutional privileges originally intended solely to protect the citizens of the United States;

(3) This judicial bestowal of civil and political rights upon corporations interferes with the administration of laws within this Borough and usurps basic human and constitutional rights exercised by citizens of this Borough;

(4) The judicial designation of corporations as "persons" grants corporations the power to sue municipal governments for adopting laws that violate the claimed constitutional rights of corporations;

(5) The judicial designation of corporations as "persons" requires that municipal governments recognize the corporation as a legitimate participant in public hearings, zoning hearing board appeals, and other governmental matters before the municipality;

(6) The judicial designation of corporations as "persons" grants corporations unfettered access to local elections and First Amendment rights that enable corporations to control public debate on and discussion about important issues;

(7) By virtue of the wealth possessed by corporations, buttressed by these protections of law, corporations enjoy constitutional privileges to an extent beyond the reach of most citizens;

(8) When the Alaska legislature knowingly authorizes corporations to do business in this State under the current framework of legal protections, the legislature enables corporations to wield their constitutional privileges to interfere with democratic governance within this Borough;

(9) Democracy means government by the people. Only citizens of this Borough should be able to participate in the democratic process in the Borough and enjoy a republican form of government;

(10) Interference by corporations in the democratic process usurps the rights of citizens to participate in the democratic process in the Borough and enjoy a republican form of government;

(11) The ability of citizens of this Borough to establish rules to protect the health, safety, and welfare of Borough residents has been diminished by the exercise of constitutional privileges by corporations.

Section 4. Specific Purpose. The specific purpose of this Ordinance is to eliminate the purported constitutional rights of corporations in order to remedy the harms that corporations cause to the citizens of the Borough by exercise of such rights.

Section 5. Statement of Law. Corporations shall not be considered to be "persons" protected by the Constitution of the United States or the Constitution of the State of Alaska within the Borough of __________.

Section 6. Severability. The provisions of this Ordinance are severable. If any section, clause, sentence, part, or provision of the Ordinance shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of this Ordinance. It is hereby declared to be the intent of the Borough that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part, or provision had not been included herein.

Section 7. Effective Date. This Ordinance shall be effective immediately upon passage or as soon thereafter as permitted by law.