Democrat Party Racism, Corporate Personhood, and the Right to Bear Arms Against Government Democide—Part II
| About the Author—Professor Ellis Washington, J.D.—I went to Harvard Law School with future POTUS Barack Hussein Obama for 1 year (1988-89), but I took the opposite path in Life—New World Order, Communism, Treason, Pedophilia & Satanic Ritual Abuse vs. Christianity, Conservatism, Protecting the Children & TRUMPism. I repeatedly refused to take the “Satan OATH” which is why I’ve been blacklisted for 30+ years—for my entire legal and academic career, yet I Fight on! Why?—For Harvard’s original 1692 motto—Veritas pro Christo et Ecclesia {= Truth for Christ and the Church}. To escape the 150-Year Rothschild Chattel Slavery systems (e.g., Birth certificates, Social Security numbers bought, sold & traded on Wall Street) & Rothschild Debt Slavery systems (e.g., IRS, Income Taxes, fiat/counterfeit currency based on NOTHING, printed to fund false flag wars) of the Rothschild Khazarian Mafia Matrix (1871-2021), read and share the Truth of my Critical Thinking blog with the Youth that’s nearing 20 Million views @ EllisWashingtonReport.com & on Facebook — #JesusIsLord #DCActof1871 |
Professor Winkler stated that “Despite the fact that corporations have never been subjected to systematic oppression like women and minorities…” yet Chief Justice John Marshall warned U.S. exactly 200 years ago – “The power to tax involves the power to destroy.”
~ Ellis Washington
Democide – The intentional killing of an unarmed or disarmed person by government agents acting in their authoritative capacity and pursuant to government policy or high command.”
~ Political Scientist, Professor R. J. Rummel (1932-2014)
Prologue—Socratic Dialectical Inquiries Regarding Corporate Personhood… and Black Personhood in America
*N.B.: Facebook post 09/08 – The following essay is Part II of a critical review of UCLA Prof. Adam Winkler’s consensus theories against Corporate Personhood. These essays attempt to offer historical context and legal analysis to a series of Socratic Dialectical questions foremost of which –
- Are Corporations People?
- Do Black people have “Personhood” – e.g., 5th Amendment Equal Protection under the Law – 14th Amendment Due Process Rights?
- If Black People were granted Citizenship, Humanity & Equality which is “Personhood” under the 14th Amendment (on 9 July 1868) even though God – under NATURAL LAW – granted U.S. “Personhood” at BIRTH, then why is the Democrat Party, the Marxist-Darwinist-Eugenics Academy and the Political Left so ANGRY that Personhood was granted to Corporations which are created by and composed of…? (wait for it….) P-E-O-P-L-E! – Including Black People who create Businesses and Corporations all the time.
ANSWER? Because to the Democrat Party and the Left the STATE is “god” and the omnipotent Leviathan State can countenance no competition… especially from Woke Black People (like me and you who are my Facebook Friends), nor from Businesses and Corporations – Unleashed, Unshackled, Free from Taxation without Representation, Crony Capitalism, the Globalist Gestapo & Socialism Slavery. Free to use their God-given Talent to create a Business, a Corporation. And yes, even Free to create an Economy based on Dynamism, Equality, Assiduousness, Creativity, Righteousness, and Laissez Faire, Free Market C-A-P-I-T-A-L-I-S-M! 🧐
Thanks to my colleague Brian, Editor of the Iconoclastic news site, WhatDoesItMean.com, who asked me to write on this largely ignored, misunderstood, and very crucial subject regarding the founding and cultivation of America’s sacred Republic…
Introduction: Are Corporations People?
This legal question was indirectly addressed by the Court but not resolved, due to what Professor Adam Winkler called a “procedural snafu” in the landmark case—Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886), which according to Wikipedia “is a corporate law case of the United States Supreme Court concerning taxation of railroad properties. The case is most notable for a headnote stating that the Equal Protection Clause of the Fourteenth Amendment grants constitutional protections to corporations.” In time, this case would open the door to many, many other landmark cases coming before the Supreme Court that eventually would formerly grant “Personhood” to Corporations. What this meant from a legal standpoint is that in most cases corporations are given full protection under the Fourteenth Amendment Due Process Clause just like other American citizens who are victims of invidious discrimination would receive since the passage of this Amendment to grant Black people due process was ratified, 9 July 1868.
As with much of Constitutional Law and American jurisprudence there is much irony here when one looks at the so-called “Constitutional Rights” Black people would have now enjoyed under these post-Civil War Amendments (13th, 14th, & 15th) – which ended slavery, granted due process rights and secured the vote respectively. Yet the grand (or grotesque) irony of it all is that looking back to the SCOTUS deliberations of 1882 that set the Court on the logical and inevitable road to granting personhood to Corporations in the Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886) was a tragic miscarriage of justice according to Prof. Winkler – There was
| “… a procedural snafu [that] prevented the Supreme Court from issuing a final ruling… justices soon after embraced Conkling’s argument… In the years that followed, the Supreme Court would invoke those corporate rights to invalidate numerous laws governing how businesses were to be run, supervised, and taxed. Between 1868, when the amendment was ratified, and 1912, when a scholar set out to identify every Fourteenth Amendment case heard by the Supreme Court… 28 cases [dealt] with the rights of African Americans… 312 cases… with the rights of corporations.” |
Although Prof. Winkler takes the conventional Socialist anti-Corporations stance in his analysis of Corporate Personhood, he fails to precisely state exactly what was the “procedural snafu” that made the Court wait 4 long years (1882-86) to finally agree with Defendant Attorney Conklin’s dicta that indeed Corporations are PEOPLE and cannot exist apart from PEOPLE (e.g., U.S. Citizens) deserving of full due process constitutional rights and equal protection under law? The answer was that Conklin’s legal reasoning and logic was undeniable, thus inevitable to answering in the affirmative the Corporate Personhood question.
However, expanding this legal analysis further in the context of 14th Amendment Due Process rights of Black people, in my opinion there is a natural dualism between Corporate Personhood and Due Process of Black Americans who share the historical 1868 Fourteenth Amendment. For example, in retrospect, America could have avoided 250 years of slavery and another 150 of Jim Crow, KKK Terrorism, Civil Rights Fake Natural Rights and keeping the majority of Blacks segregated into Concentration Camps called Ghettos, Welfare State, poor Public Schools and numerous other “institutions” founded the Democrat Party to “help” Black people. But how? By paying devoted fealty to Natural Law and not just historical, hypocritical lip service. For example, SCOTUS could have declared shortly after Jefferson penned the Declaration of Independence (once the Judicial Branch was instituted) that from henceforth “We the People” includes Black Americans. PERIOD. Legal justification? Under Natural Law and Natural Rights Black people are no different than Whites or any other race on the planet in the eyes of God and His Holy World, the Bible. Thus, all of the “Civil Rights” legislation, amendments, political movements and judicial posturing and propaganda could have been eradicated.
Below are a few selected quotes by Professor Winkler criticizing SCOTUS rulings on question of Corporate Personhood followed by my analysis of Professor Winkler’s logic—
- “Despite the fact that corporations have never been subjected to systematic oppression like women and minorities… today corporations have nearly the same rights as individuals… a considerable share of the Constitution’s most fundamental protections.” (Winkler, Wikiquotes)
Yet in this post-agrarian, technological world we live in today, where would these same “women and minorities” be but for the creative genius, vocational opportunities and economic solicitude of U.S. Corporations? Certainly, your occupation – the Marxist-Darwinist-Eugenics Academy, cannot adequately fill the employment needs of tens of millions of “women and minorities” that the Corporations have done for over 170 years in America since the advent of the Second Industrial Revolution (1870-1914), right? Rest assured that in the Age of Trump paternalistic platitudes about “women and minorities” will not destroy SCOTUS’s Constitutional conception of Corporate Personhood where businesses and corporations have historically done infinitely more to help Black America than all of the Welfare programs by do-gooder Progressive policies could ever wrought.
- “[I]n Citizens United… justices ruled that corporations have a First Amendment right to spend their money to influence elections. The decision was wildly unpopular, with polls showing an overwhelming majority of both Democrats and Republicans opposed. …As of 2016, sixteen states and hundreds of municipalities had endorsed a constitutional amendment to overturn Citizens United…” (Winkler, Wikiquotes)
“The [Citizens United] decision was wildly unpopular”? What polls? (no citation given) Unpopular with who? Not me? Not most of my family, friends, colleagues. Not my native Detroit, who since that decision (despite our extravagant Ghetto Systems thanks the Democrat Party leadership for the past 60 years), is slowly crawling out of that Socialist Slavery hole we dug ourselves into in the early 1960s that accelerated our collective demise during the 1967 Detroit Riots where Whites (together with their businesses and corporations that employed millions of people – including Blacks) took “White Flight” out of the city. Into the void and with the help of the first Black Mayor, Coleman Young, a venal racist Communist demagogue – came Despair, Crime, Ignorance and Poverty all casting their baneful pall over a city formerly called, “The Arsenal of Democracy” during World War II, and before that “The City of Trees” and in the 1920s … “The Paris of America.”
- “Four years after Citizens United, the Supreme Court expanded the rights… in the Hobby Lobby case. …The company …was allowed an exemption from a federal rule requiring large employers to include birth control in their employee’s health plans. The Hobby Lobby decision has since been cited to support the claims of businesses whose owners do not wish to provide wedding services to same-sex couples on grounds of religion.” (Winkler, Wikiquotes
Since Aristotle defines his terms, it would be instructive here for me to follow suit. Burwell v. Hobby Lobby, 573 U.S. ___ (2014), is a landmark decision in United States corporate law by the United States Supreme Court allowing closely held for-profit corporations to be exempt from a regulation its owners religiously object to, if there is a less restrictive means of furthering the law’s interest, according to the provisions of the Religious Freedom Restoration Act (RFRA). It is the first time that the court has recognized a for-profit corporation’s claim of religious belief, but it is limited to closely held corporations. The decision does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution. (Wikipedia)
Consider the cause of the Christian defendants of the corporation, Hobby Lobby – What decent, God-fearing American citizen would not give his all to protect his Christian values as exemplified in the manner he operated the corporation he himself built? A corollary argument – What type of demonic character, Socialist, or Illuminous institution would have such envy and hatred in their hearts for someone exercising their First Amendment Freedom of Religion rights (although the Court failed to address this central issue out of cowardice… in my opinion) to govern their business according to the dictates and conscience of their Christian beliefs without molestation and legal challenge by anyone? Why? Because the Bill of Rights is a Natural Law document including the First Amendment – Laws derivative from God NOT Man and thus are explicitly chronicled to the defense of our God-given Natural Rights regarding this issue since 15 December 1791 — Natural Rights dating back to the Pilgrim’s first Constitution, The Mayflower Compact (20 November 1620)!
“[T]he Citizens United and Hobby Lobby cases are just the proverbial tip of the iceberg”
- “Corporations did not win their constitutional rights in quite the same way as women, racial minorities, or gays and lesbians… [who] pursued their claims in both courts of law and the court of public opinion. To achieve lasting constitutional change… required more… Lawsuits were backed up by broad-based, popular social movements that demanded rights for those who had been denied the original premise of We the People.” (Winkler, Wikiquotes)
To this insipid statement above, I answer, “So What!” Where is your criticism about other racial groups or sexual orientations (LGBT-QP) that (regarding sexual preference) illegitimately rode the backs of Black Americans to Equal Protection under the law? No amount of history revisionism will make me believe that MLK marched and gave his Life for the “LGBT-QP Community”. Your criticism doesn’t exist because it can’t exist under any rational argument. Why? Because these people [LGBT-QP] are allied with your Progressive worldview. Furthermore, what difference does it make how corporations got out from under the Gestapo jackboot of Leviathan Socialism Slavery? Instead of being envious with how Corporations benefited from Black sacrifices of the Fourteenth Amendment, we should be like Abolitionist heroine Harriet Tubman and the thousands people she led to freedom from Democrat Party slavery (making over 300 trips into the South on foot) … Thank God Corporations escaped the Democrat Party Plantation “arbitrary and capricious” Business Regulation and Business Taxation without Representation –
| “For without People you have no Corporations, and without Corporations you have no Capitalism, and without Capitalism you have no Economy, and with a Free market economy you have no REPUBLIC!” |
- “Although Americans often think of the Supreme Court as a bulwark to protect minority rights against the tyranny of the majority, the court’s record… was dishearteningly bad prior to the 1950s. For most of American history, the Supreme Court failed to protect the dispossessed and marginalized… [T]he court’s record on corporate rights was much different. In 1809… corporations won that first case—and have compiled an impressive list of victories… [T]he court has insisted that broad public sentiment favoring business regulation must bend to the demands of the Constitution.” (Winkler, Wikiquotes)
1619-2019: 400 Years of White Hypocrisy, Socialism Slavery & Democide
If I were Prof. Winkler (a White man), I wouldn’t be too quick to spout off how great the rights of Corporate Personhood were protected (since 1809) vs. the poor record of minority protections in the nineteenth century. What about the 18th century? What about the 17th century? Since 1619 Blacks have been here in America virtually from its discovery by the Pilgrims and Puritans – the beneficiaries of White hypocrisy and Socialism Slavery. Since 1619 Blacks have demanded equal protection under the law and 400 years later TO THIS DAY we are still waiting.
Exhibit 1: Ellis Washington – I have degrees from DePauw University, graduate degrees from University of Michigan and John Marshall Law and post-graduate studies in History and Law at Harvard University, Harvard Law, Michigan State – yet I am a Black blacklisted Academic who for over 35 years have labored largely unemployed or underemployed in obscurity because of my Conservative political worldview and Natural Law jurisprudence. And despite my prolific scholarly record of 11 books, 30+ law review articles, 3,000+ essays, articles, monographs, book reviews, lecture reviews and Socratic Dialectical essays published in 16 academic areas, published on 5 continents, translated to nearly a dozen different languages – TO THIS DAY I can’t even get an interview for a faculty job at one college, university, or law school in America! … This shameful state of affairs at the dawn of the 400th anniversary of when my people were brought here from Africa to America in chains! Does that sound like Racial Equity or Social Justice to you Professor Winkler?
- “For most of American history, the court has been decidedly favorable to business, regardless of whether the majority of justices was liberal or conservative.” (Winkler, Wikiquotes)
If your above declaration (without challenge in the Darwinist-Eugenics Academy) is true, then why did We the People on 8 Nov. 2016 elect President Donald J. Trump on a platform of “stopping China from screwing U.S. over any longer by their one-sided trade deals and $500 billion annual trade deficits”? If your declaration is true, then why have presidents going back almost 50 years to 1971 and President Nixon selling U.S. out to China and Bush-41 & Bush-43, Clinton, Obama and Hillary selling China our most classified military technology while enriching themselves and their financial supporters? If your declaration is true, then why did Google relocate to China, acquiesce to their tyrannical Communist “Credit Score” system of obeisance to the Communist cause or be erased from the Internet and Society? Why did Apple give China the Code Keys to all their Apple Phones for China to mine the motherload of private information on the majority of American citizens if as you say, “the court has been decidedly favorable to business”? Your legal analysis and history don’t make sense!
- “Many critics of Citizens United believe that corporations have the same rights as individuals because the Supreme Court defines them as people. The proposed constitutional amendment to overturn Citizens United is based on this idea… Yet corporate personhood has played only a secondary role in the corporate rights movement. …[J]ustices have more often relied upon a very different conception… an association capable of asserting the rights of its members. This… has paved the way for the steady expansion of corporate rights. Indeed, corporate personhood has traditionally—and surprisingly—been used to justify limits on the rights of corporations.” (Winkler, Wikiquotes)
Here Prof. Winkler seems to conflate who is against the holding of the Citizens United case and why, thus his first sentence above is totally incongruous (in fact and in syntax) with what follows. To wit, Prof. Winkler is using red herring argumentation by setting up & knocking down the non-proven (and unargued) fact that “corporate personhood has played only a secondary role in the corporate rights movement.” That is also a non sequitur. Let’s take a page from Aristotle and define our terms—Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark United States Supreme Court case concerning campaign finance. The Court held that the free speech clause of the First Amendment prohibits the government from restricting independent expenditures for political communications by corporations, including nonprofit corporations, labor unions, and other associations. (Wikipedia)
Who hates the holding of the Citizen United case with a passion (e.g., Justice Ruth Bader Ginsburg, the political Left, Socialists, the Deep State, Shadow Government Apparatchiks and Big Government totalitarians, Technocracy Tyrants), it is axiomatic that the Court placing a “check and balance” on tyrannical government power using Corporate Personhood is a good thing that the Constitutional Framers enshrined into law with the Southern Pacific case (1886) not to belittle the 14th Amendment due process for Black America, but to bolster and expand the 14th Amendment for We the People, Free Trade and Business Enterprise, and for the integrity and equity of the U.S. Constitution.
Epilogue: White Liberals Still Think They Own Black Americans… like Property & Corporate Personhood … Like Nazi Eugenics, Abortion Holocaust & Ghetto Concentration Camps
According to an article by Ben Kew of Breitbart.com “Will and Grace star Debra Messing has thanked a Baptist church in Alabama for calling Black supporters of President Donald Trump as “mentally ill,” hours after demanding that the media out attendees of his Beverly Hills fundraiser next month.”
“The New Era Baptist Church in Birmingham, Alabama, attracted nationwide attention this week after displaying a sign that read: “A Black vote for Trump is mental illness.” The other side of the sign displays a separate message: “A white vote for Trump is pure racism.”
Reacting to the news, Messing simply wrote “THANK YOU,” indicating she agreed with the sign’s sentiment. Messing later deleted the tweet.
Reading the Jon Cooper Tweet above and the paternalistic three-word affirmation by the Hollywood sociopath, Debra Messing (“THANK YOU” #Alabama), this is a history lesson in and of itself regarding White people thinking all Blacks think alike. WE DON’T! In an ironic way, Ms. Messing’s response enthusiastically supporting Black racism uttered by a Black pastor (of all people) shepherding a Black church in Alabama is a cautionary tale to the thesis of this essay – Corporate Personhood is the natural evolution of its derivation – Black People’s Natural Rights under Natural Law. To wit, Hollywood (represented by Ms. Messing) came of age during the silent movie era – their first movie, The Birth of a Nation, directed and co-produced by D.W. Griffith and starring Lillian Gish, was released in 1915. In Vol. II of my quintet series, The Progressive Revolution: History of Liberal Fascism through the Ages, I wrote the following about this vile, racist movie that not only created the Satanic institution – Hollywood, but actually fomented riots all over America, resulting in injuries and deaths to many Black people by White people who were like President Woodrow Wilson, naïve enough to believe Griffith’s Satanic racialist propaganda cinema, The Birth of a Nation —
| “It was [President] Wilson who gave us World War I, the Federal Reserve Bank, unilaterally fired all Blacks from federal employment, did a laudatory White House screening of the racist Klu Klux Klan propaganda film, Birth of a Nation (1915) and was quoted as saying, “It is like writing history with lightning. And my only regret is that it is all so terribly true.” |
Because I devoted my life to studying and writing about the “History of Liberal Fascism through the Ages,” this is why I rarely use the fake, irrelevant term “Civil Rights”, which historically has been used to assuage the guilt of White America over the Slavery Question and Jim Crow (which exists institutionally to this day). But I prefer the phrase “Natural Rights” which is derivative from the writings of the Constitutional Framers thousands of times and is derivative of Natural Law which is enshrined in the Declaration of Independence, the U.S. Constitution and the Bill of Rights.
What is Natural Law? – The answer is in the contents and title of my 3rd book—The Inseparability of Law and Morality (2002). Also, Thomas Jefferson, in his magisterial Declaration of Independence defined Natural Law as “the Law of Nature and of Nature’s God.” The English Common Law is essentially Natural Law and Natural Rights from which is the foundation of all U.S. Constitutional Law.
History Alert! All of our Founding Documents including the Mayflower Compact (1620), Declaration of Independence, U.S. Constitution, and the Bill of Rights were all explicitly Natural Law documents that expressly protected the Natural Rights (i.e., the innumerable rights derivative of God and given to Mankind) of all human beings born or naturalized in the United States of America. Today 99%-100% of Professors in the Academy holding views on Natural Law and Natural Rights outrightly reject any synchronicity between legality and morality which is why today’s Academy is 95%-100% Marxist & Atheist, Socialist, Darwinist, Eugenicist, and members of the Democrat Socialist Party.
Doxology for America
My sincere prayer to God is that President Donald J. Trump will soon set America on the course of Institutional Equality where all people in all aspects of society will be proportionally represented near to or commensurate with their population in society. I speak not of Affirmative Action, but Affirmative Natural Law and Natural Rights… If “ALL MEN ARE CREATED EQUAL” then all men should be equal in every conceivable aspect of economics and law, and education and society.
References Cited 1. ADAM WINKLER is a professor at the UCLA School of Law. He is the author of We the Corporations: How American Businesses Won Their Civil Rights and Gunfight: The Battle Over the Right to Bear Arms in America.
2. The New Republic, February 4, 2013 (Winkler, Adam (February 4, 2013). “Gun Control Is “Racist”? The NRA would know“. The New Republic.)
3. The Washington Post, July 15, 2016 (Winkler, Adam (July 15, 2016). “The right to bear arms has mostly been for white people“. The Washington Post.)
4. Adam Winkler, Wikiquote, https://en.wikiquote.org/wiki/Adam_Winkler (last visited Sept. 3, 2019).
5. For a recent legal analysis regarding how President Trump has shaped the Supreme Court (and lessor) courts to reflect a Natural Law, Natural Rights or what Justice Scalia called Originalist or Textualist jurisprudence see the Epilogue section of my law review article, 1918-2018: 100 Years of UnNatural Law of Justice Oliver Wendell Holmes.
6. Book Review by Nikolas Bowie, Corporate Personhood vs. Corporate Statehood, 132 Harv. L. Rev. 2009 (May 10, 2019).
Category: Commentary
