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Robert Reich

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The Corporate Pledge of Allegiance

Posted: 11/08/11 03:29 PM ET

Despite what the Supreme Court and Mitt Romney say, corporations aren't people. (I'll believe they are when Georgia and Texas start executing them.)

The Court thinks corporations have First Amendment rights to spend as much as they want on politics, and Romney (and most of his fellow Regressives) think they need lower taxes and fewer regulations in order to be competitive.

These positions are absurd on their face. By flooding our democracy with their shareholders' money, big corporations are violating their shareholders' First Amendment rights because shareholders aren't consulted. They're simultaneously suppressing the First Amendment rights of the rest of us because, given how much money they're throwing around, we don't have enough money to be heard.

And they're indirectly giving non-Americans (that is, all their foreign owners, investors, and executives) a say in how Americans are governed. Pardon me for being old-fashioned but I didn't think foreign money was supposed to be funneled into American elections.

Romney's belief big corporations need more money and lower costs in order to create jobs is equally baffling. Big corporations are now sitting on $2 trillion of cash and enjoying near-record profits. The ratio of profits to wages is higher than it's been since before the Great Depression. And a larger and larger portion of those profits are going to top executives. (CEO pay was 40 times the typical worker in the 1980s; it's now upwards of 300 times.)

But, hey, if the Supreme Court and regressive Republicans insist big corporations are people and want to treat them as American citizens, then why not demand big corporations take a pledge of allegiance to the United States?

And if they don't take the pledge, we should boycott them. (Occupiers -- are you listening?)

Here's what a Corporate Pledge of Allegiance might look like:

The Corporate Pledge of Allegiance to the United States

  • The [fill in blank] company pledges allegiance to the United States of America. To that end:
  • We pledge to create more jobs in the United States than we create outside the United States, either directly or in our foreign subsidiaries and subcontractors.
  • If we have to lay off American workers, we will give them severance payments equal to their weekly wage times the number of weeks they've work for us.
  • We further pledge that no more than 20 percent of our total labor costs will be outsourced abroad.
  • We pledge to keep a lid on executive pay so no executive is paid more than 50 times the median pay of American workers. We define "pay" to include salary, bonuses, health benefits, pension benefits, deferred salary, stock options, and every other form of compensation.
  • We pledge to pay at least 30 percent of money earned in the United States in taxes to the United States. We won't shift our money to offshore tax havens and won't use accounting gimmicks to fake how much we earn.
  • We pledge not to use our money to influence elections.

Companies that make the pledge are free to use it in their ads over the Christmas shopping season.

Robert Reich is the author of Aftershock: The Next Economy and America's Future, now in bookstores. This post originally appeared at RobertReich.org.

 
 
 

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Despite what the Supreme Court and Mitt Romney say, corporations aren't people. (I'll believe they are when Georgia and Texas start executing them.) The Court thinks corporations have First Amendment...
Despite what the Supreme Court and Mitt Romney say, corporations aren't people. (I'll believe they are when Georgia and Texas start executing them.) The Court thinks corporations have First Amendment...
 
 
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llwlknsn
Adequate words fail me.
04:59 PM on 12/12/2011
Spot on.
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Spaceman Eddie
Unfair to the Imbalanced
09:25 PM on 11/09/2011
Excellent lead. LOL.

To the game-fixing corporations, money = speech. To the rest of us, money = votes.

You're not guessing, and their tricks aren't new. They are Old Tricks on Steroids. Look up the policies of Calvin Coolidge and his Treasury Secretary, Andrew Mellon. Coolidge took over from Warren Harding, who had arguably the most corrupt administration in history. Anyway, Coolidge & Mellon were supply-side top-downers who dismantled Teddy Roosevelt reforms. It led to the Gilded Age, but then the Big Crash.

History repeats.
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Bart DePalma
Bart DePalma
04:08 PM on 11/09/2011
The corporate entity is not a person, but corporations themselves are associations of people. The people within the corporations do the speaking and have a first amendment protection against government attempts to censor them.

BTW, persons within the corporation can be executed for the murders they commit.

Shareholders do indeed vote in boards who are expected to speak for the shareholders. If the board speaks in a manner contrary to the shareholders, the shareholders may replace the board.

Finally, the idea that the exercise of free speech by one group of citizens denies free speech to anyone else is obscene. What precisely does Reich fear from the full expression of speech by all Americans?
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Davidlf
08:39 PM on 11/10/2011
First, you are mistaken, at least legally. Per the supreme court Corporations are indeed persons.

Have you ever asked 3 people at once to look after something? What happened when it went in the crapper? Diffused accountability is no accountability. It's the "corporation" that put out the poison that killed a person - no one goes to jail let alone death row.

The problem with speech, and Reich should have said as much, is a cousin to the Corpartion as person abomination, SCOTUS has held that money is speech. If I have 10 speech and you have 10^99 then for all practical purposes I have no speech, that is what we have to fear from the full expression of the plutocrats.
05:25 PM on 12/12/2011
I dont believe that Robert Reich is afraid of anyone and is not denying any "person" the right to free speech. However in terms of the amount of money disguised as "free speech", the corporation as a single donor makes it easier for them to influence the recipients of such "free speech."
03:53 PM on 11/09/2011
given that both parites have failed the general population it might be appropriate for Dr. Reich, to abandon both parties, and support a progressive agenda. Clearly, President Obama has done a woeful job....although I'm sure that Wall Street likes him
01:51 PM on 11/09/2011
I'm positive that big corporations will be ready to sign that pledge, and then immediately proceed to break each and every point of it... just like (wealthy) people! Because the fact of the matter is that, yes, corporations are like people, but wealthy, very wealthy people. The kind of people that would never be executed in Georgia and Texas, no matter what they did. Actually, I'm pretty sure that any big corporation has right now dozens of CEOs, lawyers and accountants ready to swear on the Bible and the Constitution that they already scrupulously fulfill all the conditions of Mr. Reich's pledge.
01:45 PM on 11/09/2011
A corporation is simply a legal construct for individuals to pool assets for use. Part of the beauty is that if a person thinks the corporation is doing something he wouldn't do individually, he can sell his shares and leave. He can then donate individually or join a corporation that is promoting what he wants. Some people have applied this to for example not holding shares in Tobacco companies. Far simpler than trying to regulate among clubs, small corporations, large corporations, unions and other groups.
03:28 PM on 11/09/2011
Regulations are necessary, independently of investments. People don't have the time and the energy to check every aspect of the corporations they are shareholders of, specially if they own mutual funds or managed accounts.
We need and amendment to stop corporate personhood and corporation should stay out of politics.
llwlknsn
Adequate words fail me.
05:10 PM on 12/12/2011
Ya see you have contradicted your own assertion. If a person belongs to a company, then by corporate personhood, the company should be representing all voices within. If it behaves as such to force someone to leave, it is not acting on behalf of its employees and ceases to become a corporation made up of people, but a bully slinging cash around. There is no equal representation within a Corporation and thus there is suppression of freedom of speech and freedom to vote and be heards.

The Surprem court made a mistake. This one is on the order of Dread Scott.
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laura r
12:21 PM on 11/09/2011
Excellent article.

Yes, we need the American Corporations to stand up and correct the damage that has been done to the US economy.

If Grove Norquist can get the congressmen to sign a pledge of no new taxes, we should be able to get the Corporations to pledge their oat to America’s progress as a nation.

Franklin D. Roosevelt exercised the Sherman Anti trust in 1938 to break up the big monopolies that were drowning out the growth of the economy; I would have thought Obama would have broken up the too big to fail banks too. This country needs a new economic plan, we have been out in this free wheeling hyper-global economy too long without good policies on our nations behalf.

When Paul A. Samuelson was asked this question: If you could give advice to those currently in power, what would it be?

Samuelson answered: My first piece of advice would be: choose the middle way. There is no substitute for the market mechanism-¬-but the market mechanism has NO BRAIN, it has NO HEART. Without political programs it will inevitably breed inequality¬.

My second piece of advice would be: Globalization in its current shape and speed makes the world a more insecure and nervous place. We should try to slow down, and in our own long-run interest, try to be less aggressive¬

Money has no motherland; financiers are without patriotism and without decency; their sole object is gain.
Napoleon Bonaparte
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Rob O
There is no freedom without responsibility.
11:47 AM on 11/09/2011
Question no interviewer will ask: "Mr. Romney, since corporations are already sitting on $2 trillion in cash and enjoying record profits, why do they need even lower taxes and an even less regulated environment before they can start creating jobs?"

Question for everyone else: why doesn't the MSM ask a question like this?

Follow the money people!
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claraluz
Per aspera ad astra!
10:34 AM on 11/09/2011
Robert Reich for President!!! He should run in 2016. Every word he wrote in this article is pure gold. Bless Rober Reich for his clear vision and telling like it is.
10:26 AM on 11/09/2011
Poignantly written Professor
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Robert Frank
My last name is FRANK so thats what I am..
09:54 AM on 11/09/2011
bush tax cuts..where are all the jobs they were supposed to create? some of us have not forgotten that big lie and never will
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Peter007
09:16 AM on 11/09/2011
Reich is fighting wind mills. Restricting freedom is always bad and has unintended consequences.

If corporations are not allowed to use money for speech, then Unions will not be allowed either. Neither will special interest groups like MADD, the Sierra Club, and possible the Democratic National Party.
Who will differentiate between an ad for a product or service and an ad that implies a political position?
Will movies with a political message be covered.?
Wib
Liberal former Marine who loves fly fishing and is
10:21 AM on 11/09/2011
You ignore Reich's point about recognizing corporations as persons, in that they are composed of thousands, even millions, of investors who own their stock either because they want to make money or they have a 401k or and IRA and their financial adviser put them there. They have no input to the speech being spoken by the corporations. As a member of a clearly political group, they joined because of the stands that organization has taken and can easily withdraw support if they come to disagree with a stand the group takes. As to unions, that is a matter needing more critical examination because again they are people with like needs but who do not always agree and often a person has to join a union to have a job. Clearly, when a union is fighting for its members, as in seeking pay raises, perks and better working conditions, they do not need to be limited in speech. When they back a candidate or party or non-union-goal related political stance, then perhaps some limitations may apply.
11:06 AM on 11/09/2011
"Restricting freedom"... right you are! Just look at our favorite no-end-in-sight war, the so-called 'war on drugs'... rife with "unintended" consequences!
09:16 AM on 11/09/2011
A corporate pledge of allegiance really needs to be a subset of a larger commitment. At present the fiduciary responsibility of any CEO is to increase shareholder value. Failure to maximize that goal by any means is an unambiguous breach of responsibility. So when jobs are moved overseas, when domestic markets are forsaken for foreign ones, when worker salaries are squeezed to the point of straining family and community viability and when environmental concerns are tossed out the window, it is what Management is SUPPOSED to do, as long as it makes money. No wonder senior management is such a mercenary, predatory breed.

What we really need is to require every corporation to publish an ethical charter. Part of that could be its commitment to country; other sections could include obligations with respect to environment, to communities, to workers, to customers, to other nations, etc. This document should have some level of standardization so that investors and fund managers could systematize their investments around ethical priorities. This would let our conscience play a part in how our money is invested. While there are green and ethical funds, it doesn't have a major impact on the broader market, and most of the statements on company values come out of the Marketing Deptartments, not th eboadroom. A broader commitment, and one to which a company would have certain obligations to perform, would let our collective conscience help drive investment, and would allow CEOs to behave more ethically in executing their mission.
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claraluz
Per aspera ad astra!
11:08 AM on 11/09/2011
Agreed. The concept of a "social conscience" guiding corporations seems to be anathema to the Regresives, who firmly believe in the "trickle-down economics" that has been discredited repeatedly and painfully; even George H.W. Bush called it "voodoo economics" when he was running for office (although he was much kinder to it later on...). The American love for "laissez faire" has reached cosmic proportions, the conservatives have embraced it to the point of economic/financial anarchy. We the people are paying the price.
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Craig Bovia
Vermont, 1791, women can vote, no slavery allowed
11:54 AM on 11/09/2011
Require Corporations to do no harm to the Public Good. Anything that harms our Public Good should be illegal. That simple requirement works very well for the Citizens of Europe.
Of course, they seem to care much more about their citizens than the American Government and it's Corporations do. In America, it is about how much money does the top 1,000 make.
02:13 PM on 11/09/2011
... and we should go one step further. Impose protective tariffs on countries that fail to offer comparable treatment on human rights, environment, etc. to their own citizens. Removing competitive advantage from the equation in this manner would go a long way in providing global stability and in preventing capital flight.
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Briteleaf
09:08 AM on 11/09/2011
Outstanding!!
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JoeyDee2
I know what just passed here
09:09 AM on 11/09/2011
The pledge is for us peasants not the aristocracy. Some of their behavior actually constitutes treason. Undermining our nation's democracy, accelerating poverty, etc. OWS doesn't need protesters. It needs troops going in and hauling these occupiers of America out of their corner office to face charges.
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claraluz
Per aspera ad astra!
11:11 AM on 11/09/2011
Fanned and Faved!! Agreed 100% - the new American criminal class wears Armani suits and sits in penthouse offices..