Ordinance to Deny Corporate Personhood : Wisconsin

AN ORDINANCE BY THE COUNTY OF __________, WISCONSIN ELIMINATING CONSTITUTIONAL PRIVILEGES FROM CORPORATIONS DOING BUSINESS WITHIN THE COUNTY

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 County by all relevant state and federal laws, including, but not limited to, the following:

The general authority granted by the Constitution of Wisconsin and the Counties 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 County and its finances and the maintenance of the health, safety, peace, good government, and welfare of the County.

The Constitution of Wisconsin, Art. 1, 1, which provides that governments are instituted to serve the inherent rights of people born equally free and independent, and derive their just powers from the consent of the governed.

The Wisconsin Statutes, Ch. 59, Counties, 59.03, which provides that every county may exercise any organizational or administrative power, subject only to the constitution and to any enactment of the legislature that is of statewide concern and that uniformly affects every county.

The Wisconsin Statutes, Ch. 59, Counties, 59.04, which provides that to give counties the largest measure of self-government under the administrative home rule authority granted to counties in 59.03(1), this chapter shall be liberally construed in favor of the rights, powers, and privileges of counties to exercise any organizational or administrative power.

The Wisconsin Statutes, Ch. 59, Counties, 59.51, which provides that the board of each county shall have the authority to exercise any organizational or administrative power without limitation because of enumeration, and that these powers shall be broadly and liberally construed and limited only by express language.

The Wisconsin Statutes, Ch. 59, Counties, 59.54(6), which provides that county boards may enact and enforce ordinances to preserve public peace and good order within the county.

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 County 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 County and usurps basic human and constitutional rights exercised by citizens of this County;

(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 County;

(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 Wisconsin 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 County;

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

(11) The ability of citizens of this County to establish rules to protect the health, safety, and welfare of County 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 County 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 Wisconsin within the County 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 County 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.