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The Subprime Education Scandal: Education With a Debt Sentence Print
Monday, 22 September 2014 13:01

Excerpt: "Imagine corporations that intentionally target low-income single mothers as ideal customers. Imagine that these same companies claim to sell tickets to the American dream -- gainful employment, the chance for a middle class life. Imagine that the fine print on these tickets, once purchased, reveals them to be little more than debt contracts, profitable to the corporation’s investors, but disastrous for its customers."

For-profit Everest College in Thornton, Colorado. (photo: Everest College)
For-profit Everest College in Thornton, Colorado. (photo: Everest College)


The Subprime Education Scandal: Education With a Debt Sentence

By Astra Taylor and Hannah Appel, TomDispatch

22 September 14

 

magine corporations that intentionally target low-income single mothers as ideal customers. Imagine that these same companies claim to sell tickets to the American dream -- gainful employment, the chance for a middle class life. Imagine that the fine print on these tickets, once purchased, reveals them to be little more than debt contracts, profitable to the corporation’s investors, but disastrous for its customers. And imagine that these corporations receive tens of billions of dollars in taxpayer subsidies to do this dirty work. Now, know that these corporations actually exist and are universities.

Over the last three decades, the price of a year of college has increased by more than 1,200%. In the past, American higher education has always been associated with upward mobility, but with student loan debt quadrupling between 2003 and 2013, it’s time to ask whether education alone can really move people up the class ladder. This is a question of obvious relevance for low-income students and students of color.

As Cornell professor Noliwe Rooks and journalist Kai Wright have reported, black college enrollment has increased at nearly twice the rate of white enrollment in recent years, but a disproportionate number of those African-American students end up at for-profit schools. In 2011, two of those institutions, the University of Phoenix (with physical campuses in 39 states and massive online programs) and the online-only Ashford University, produced more black graduates than any other institutes of higher education in the country. Unfortunately, a recent survey by economist Rajeev Darolia shows that for-profit graduates fare little better on the job market than job seekers with high school degrees; their diplomas, that is, are a net loss, offering essentially the same grim job prospects as if they had never gone to college, plus a lifetime debt sentence.

Much of the American public does not understand the difference between for-profit, public, and private non-profit institutions of higher learning. All three are concerned with generating revenue, but only the for-profit model exists primarily to enrich its owners. The largest of these institutions are often publicly traded, nationally franchised corporations legally beholden to maximize profit for their shareholders before maximizing education for their students. While commercial vocational programs have existed since the nineteenth century, for-profit colleges in their current form are a relatively new phenomenon that began to boom with a series of initial public offerings in the 1990s, followed quickly by deregulation of the sector as the millennium approached. Bush administration legislation then weakened government oversight of such schools, while expanding their access to federal financial aid, making the industry irresistible to Wall Street investors.

While the for-profit business model has generally served investors well, it has failed students. Retention rates are abysmal and tuitions sky-high. For-profit colleges can be up to twice as expensive as Ivy League universities, and routinely cost five or six times the price of a community college education. The Medical Assistant program at for-profit Heald College in Fresno, California, costs $22,275. A comparable program at Fresno City College costs $1,650. An associate degree in paralegal studies at Everest College in Ontario, California, costs $41,149, compared to $2,392 for the same degree at Santa Ana College, a mere 30-minute drive away.

Exorbitant tuition means students, who tend to come from poor backgrounds, have to borrow from both the government and private sources, including Sallie Mae (the country's largest originator, servicer, and collector of student loans) and banks like Chase and Wells Fargo. A whopping 96% of students who manage to graduate from for-profits leave owing money, and they typically carry twice the debt load of students from more traditional schools.

Public funds in the form of federal student loans has been called the “lifeblood” of the for-profit system, providing on average 86% of revenues. Such schools now enroll around 10% of America’s college students, but take in more than a quarter of all federal financial aid -- as much as $33 billion in a single year. By some estimates it would cost less than half that amount to directly fund free higher education at all currently existing two- and four-year public colleges. In other words, for-profit schools represent not a “market solution” to increasing demand for the college experience, but the equivalent of a taxpayer-subsidized subprime education.

Pushing the Hot Button, Poking the Pain

The mantra is everywhere: a college education is the only way to climb out of poverty and create a better life. For-profit schools allow Wall Street investors and corporate executives to cash in on this faith.

Publicly traded schools have been shown to have profit margins, on average, of nearly 20%. A significant portion of these taxpayer-sourced proceeds are spent on Washington lobbyists to keep regulations weak and federal money pouring in. Meanwhile, these debt factories pay their chief executive officers $7.3 million in average yearly compensation. John Sperling, architect of the for-profit model and founder of the University of Phoenix, which serves more students than the entire University of California system or all the Ivy Leagues combined, died a billionaire in August.

Graduates of for-profit schools generally do not fare well. Indeed, they rarely find themselves in the kind of work they were promised when they enrolled, the kind of work that might enable them to repay their debts, let alone purchase the commodity-cornerstones of the American dream like a car or a home.

In the documentary "College Inc.," produced by PBS’s investigative series Frontline, three young women recount how they enrolled in a nursing program at Everest College on the promise of $25-$35 an hour jobs on graduation. Course work, however, turned out to consist of visits to the Museum of Scientology to study “psychiatrics” and visits to a daycare center for their “pediatrics rotation.” They each paid nearly $30,000 for a 12-month program, only to find themselves unemployable because they had been taught nearly nothing about their chosen field.

In 2010, an undercover investigation by the Government Accountability Office tested 15 for-profit colleges and found that every one of them “made deceptive or otherwise questionable statements” to undercover applicants. These recruiting practices are now under increasing scrutiny from 20 state attorneys general, Senate investigators, and the Consumer Financial Protection Bureau (CFPB), amid allegations that many of these schools manipulate the job placement statistics of their graduates in the most cynical of ways.

The Iraq and Afghanistan Veterans of America, an organization that offers support in health, education, employment, and community-building to new veterans, put it this way in August 2013: "Using high-pressure sales tactics and false promises, these institutions lure veterans into enrolling into expensive programs, drain their post-9/11 GI Bill education benefits, and sign up for tens of thousands of dollars in loans. The for-profits take in the money but leave the students with a substandard education, heavy student loan debt, non-transferable credits, worthless degrees, or no degrees at all.”

Even President Obama has spoken out against instances where for-profit colleges preyed upon troops with brain damage: “These Marines had injuries so severe some of them couldn’t recall what courses the recruiter had signed them up for.”

As it happens, recruiters for such schools are manipulating more than statistics. They are mining the intersections of class, race, gender, inequality, insecurity, and shame to hook students. "Create a sense of urgency. Push their hot button. Don't let the student off the phone. Dial, dial, dial," a director of admissions at Argosy University, which operates in 23 states and online, told his enrollment counselors in an internal email.

A training manual for recruiters at ITT Tech, another multi-state and virtual behemoth, instructed its employees to "poke the pain a bit and remind them who else is depending on them and their commitment to a better future.”  It even included a "pain funnel" -- that is, a visual guide to help recruiters exploit prospective students’ vulnerabilities. Pain was similarly a theme at Ashford University, where enrollment advisors were told by their superiors to “dig deep” into students’ suffering to “convince them that a college degree is going to solve all their problems.”

An internal document from Corinthian Colleges, Inc. (owner of Everest, Heald, and Wyotech colleges) specified that its target demographic is “isolated,” “impatient” individuals with “low self-esteem.”  They should have “few people in their lives who care about them and be stuck in their lives, unable to imagine a future or plan well.”

These recruiting strategies are as well funded as they are abhorrent. When an institution of higher learning is driven primarily by the needs of its shareholders, not its students, the drive to get “asses in classes” guarantees that marketing budgets will dwarf whatever is spent on faculty and instruction. According to David Halperin, author of Stealing America’s Future: How For-Profit Colleges Scam Taxpayers and Ruin Student’s Lives, “The University of Phoenix has spent as much as $600 million a year on advertising; it has regularly been Google’s largest advertiser, spending $200,000 a day.” 

At some schools, the money put into the actual education of a single student has been as low as $700 per year. The Senate’s Health, Education, Labor, and Pensions Committee revealed that 30 of the for-profit industry’s biggest players spent $4.2 billion -- or 22.7% of their revenue -- on recruiting and marketing in 2010.

Subprime Schools, Swindled Students

In profit paradise, there are nonetheless signs of trouble. Corinthian College Inc., for instance, is under investigation by several state and federal agencies for falsifying job-placement rates and lying to students in marketing materials. In June, the Department of Education discovered that the company was on the verge of collapse and began supervising a search for buyers for its more than 100 campuses and online operations. In this “unwinding process,” some Corinthian campuses have already shut down. To make matters worse, this month the Consumer Financial Protection Bureau announced a $500 million lawsuit accusing Corinthian of running a “predatory lending scheme.”

As the failure of Corinthian unfolds, those who understood it to be a school -- namely, its students -- have been left in the lurch. Are their hard-earned degrees and credits worthless?  Should those who are enrolled stay put and hope for the storm to pass or jump ship to another institution? Social media reverberate with anxious questions.

Nathan Hornes started the Facebook group “Everest Avengers,” a forum where students who feel confused and betrayed can share information and organize. A 2014 graduate of Everest College’s Ontario, California, branch, Nathan graduated with a 3.9 GPA, a degree in Business Management, and $65,000 in debt. Unable to find the gainful employment Everest promised him, he currently works two fast-food restaurant jobs. Nathan’s dreams of starting a record label and a music camp for inner city kids will be deferred even further into some distant future when his debts come due: a six-month grace period expires in October and Nathan will owe $380 each month on Federal loans alone. “Do I want to pay bills or my loans?” he asks. Corinthian has already threatened to sue him if he fails to make payments.

Asked to explain Corinthian’s financial troubles, Trace Urdan, a market analyst for Wells Fargo Bank, Corinthian’s biggest equity investor, argued that the school attracts “subprime students” who “can be expected -- as a group -- to repay at levels far lower than most student loans.” And yet, as Corinthian’s financial woes mounted, the corporation stopped paying rent at its Los Angeles campuses and couldn’t pay its own substantial debts to lenders, including Bank of America, from whom it sought a debt waiver.

That Corinthian can request debt waivers from its lenders should give us pause. Who, one might ask, is the proper beneficiary of a debt waiver in this case? No such favors will be done for Nathan Hornes or other former Corinthian students, though they have effectively been led into a debt trap with an expert package of misrepresentations, emotional manipulation, and possibly fraud.

From Bad Apples to a Better System, or Everest Avenged

As is always the case with corporate scandals, Corinthian is now being described as a “bad apple” among for-profits, not evidence of a rotten orchard. The fact is that for-profits like Corinthian exemplify all the contradictions of the free-market model that reformers present as the only solution to the current crisis in higher education: not only are these schools 90% dependent on taxpayer money, but tenure doesn’t exist, there are no faculty unions, most courses are offered online with low overhead costs, and students are treated as “customers.”

It’s also worth remembering that at “public” universities, it is now nearly impossible for working class or even middle class students to graduate without debt. This sad state of affairs -- so the common version of the story goes -- is the consequence of economic hard-times, which require belt tightening and budget cuts. And so it has come to pass that strapped community colleges are now turning away would-be enrollees who wind up in the embrace of for-profits that proceed to squeeze every penny they can from them and the public purse as well. (All the while, of course, this same tale provides for-profits with a cover: they are offering a public service to a marginalized and needy population no one else will touch.)

The standard narrative that, in the face of shrinking tax revenues, public universities must relentlessly raise tuition rates turns out, however, to be full of holes. As political theorist Robert Meister points out, this version of the story ignores the complicity of university leaders in the process. Many of them were never passive victims of privatization; instead, they saw tuition, not taxpayer funding, as the superior and preferred form of revenue growth.

Beginning in the 1990s, universities, public and private, began working ever more closely with Wall Street, which meant using tuition payments not just as direct revenue but also as collateral for debt-financing. Consider the venerable but beleaguered University of California system: a 2012 report out of its Berkeley branch, “Swapping Our Futures,” shows that the whole system was losing $750,000 each month on interest-rate swaps -- a financial product that promised lower borrowing costs, but ended up draining the U.C. system of already-scarce resources.

In the last decade, its swap agreements have cost it over $55 million and could, in the end, add up to a loss of $200 million. Financiers, as the university’s creditors, are promised ever-increasing tuition as the collateral on loans, forcing public schools to aggressively recruit ever more out-of-state students, who pay higher tuitions, and to raise the in-state tuition relentlessly as well, simply to meet debt burdens and keep credit ratings high.

Instead of being the social and economic leveler many believe it to be, American higher education in the twenty-first century too often compounds the problem of inequality through debt-servitude. Referring to student debt, which has by now reached $1.2 trillion, Meister suggests, “Add up the lifetime debt service that former students will pay on $1 trillion, over and above the principal they borrow, and you could run a very good public university system for what we are paying capital markets to fund an ever-worsening one."

You Are Not a Loan

The big problem of how we finance education won’t be solved overnight. But one group is attempting to provide both immediate aid to students like Nathan Hornes and a vision for rethinking debt as a systemic issue. On September 17th, the Rolling Jubilee, an offshoot of Occupy Wall Street, announced the abolition of a portfolio of debt worth nearly $4 million originating from for-profit Everest College. This granted nearly 3,000 former students no-strings-attached debt relief.

The authors of this article have both been part of this effort. To date, the Rolling Jubilee has abolished nearly $20 million dollars of medical and educational debt by taking advantage of a little-known trade secret: debt is often sold to debt collectors for mere pennies on the dollar. A medical bill that was originally $1,000 might sell to a debt collector for 4% of its sticker price, or $40. This allowed the Rolling Jubilee project to make a multi-million dollar impact with a budget of approximately $700,000 raised in large part through small individual donations.

The point of the Rolling Jubilee is simple enough: we believe people shouldn’t have to go into debt for basic needs. For the last four decades, easy access to credit has masked stagnating wages and crumbling social services, forcing many Americans to debt-finance necessities like college, health care, and housing, while the creditor class has reaped enormous rewards. But while we mean the Jubilee’s acts to be significant, we know it is not a sustainable solution to the problem at hand. There is no way to buy and abolish all the odious debt sloshing around our economy, nor would we want to. Given the way our economy is structured, people would start slipping into the red again the minute their debts were wiped out.

The Rolling Jubilee instead raises a question: If a ragtag group of activists can find a way to provide immediate relief to even a few thousand defrauded students, why can’t the government?

The Consumer Financial Protection Bureau’s lawsuit against Corinthian Colleges, Inc. is a good first step, but it only applies to specific private loans originating after 2011, and it will likely take years to play out. Until it's resolved, students are still technically on the hook and many will be harassed by unscrupulous debt collectors attempting to extract money from them while they still can. In the meantime, the Department of Education (DOE) -- which has far greater purview than the CFPB -- is effectively acting as a debt collector for a predatory lender, instead of using its discretionary power to help students. Why didn’t the DOE simply let Corinthian go bankrupt, as often happens to private institutions, and so let the students’ debts become dischargeable?

Such debt discharge is well within the DOE’s statutory powers. When a school under its jurisdiction has broken state laws or committed fraud it is, in fact, mandated to offer debt discharge to students. Yet in Corinthian’s opaque, unaccountable unwinding process, the Department of Education appears to be focused on keeping as many of these predatory “schools” open as possible.

No less troubling, the DOE actually stands to profit off Corinthian’s debt payments, as it does from all federally secured educational loans, regardless of the school they are associated with. Senator Elizabeth Warren has already sounded the alarm about the department’s conflict of interest when it comes to student debt, citing an estimate that the government stands to rake in up to $51 billion dollars in a single year on student loans. As Warren points out, it’s “obscene” for the government to treat education as a profit center.

Can there be any doubt that funds reaped from the repayment of federally backed loans by Corinthian students are especially ill-gotten gains? Nathan Hornes and his fellow students should be the beneficiaries of debt relief, not further dispossession.

Unless people agitate, no reprieve will be offered. Instead there may be slaps on the wrist for a few for-profit “bad apples,” with policymakers presenting possible small reductions in interest rates or income-based payments for student borrowers as major breakthroughs.

We need to think bigger. There is an old banking adage: if you owe the bank $1,000, the bank owns you; if you owe the bank $1 million, you own the bank. Individually, student debt is an incapacitating burden. But as Nathan and others are discovering, as a premise for collective action, it can offer a new kind of leverage. Debt collectives, effectively debtors’ unions, may be the next stage of anti-austerity organizing. Collective action offers many possibilities for building power against creditors through collective bargaining, including the power to threaten a debt strike. Where for-profits prey on people’s vulnerability, isolation, and shame, debt collectives would nurture feelings of strength, solidarity, and outrage.

Those who profit from education fear such a transformation, and understandably so. “We ask students to make payments while in school to help them develop the discipline and practice of repaying their federal and other loan obligations,” a Corinthian Colleges spokesman said in response to the news of CFPB’s lawsuit.

It’s absurd: a single mother working two jobs and attending online classes to better her life is discipline personified, even if she can’t always pay her loans on time. The executives and investors living large off her financial aid are the ones who need to be taught a lesson. Perhaps we should collectively demand that as part of their punishment these predators take a course in self-discipline taught by their former students.


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FOCUS | Those Lazy Jobless Print
Monday, 22 September 2014 11:46

Krugman writes: "Last week John Boehner, the speaker of the House, explained to an audience at the American Enterprise Institute what’s holding back employment in America: laziness. People, he said, have 'this idea' that 'I really don’t have to work. I don’t really want to do this. I think I’d rather just sit around.' Holy 47 percent, Batman!"

Paul Krugman. (photo: NYT)
Paul Krugman. (photo: NYT)


Those Lazy Jobless

By Paul Krugman, The New York Times

22 September 14

 

ast week John Boehner, the speaker of the House, explained to an audience at the American Enterprise Institute what’s holding back employment in America: laziness. People, he said, have “this idea” that “I really don’t have to work. I don’t really want to do this. I think I’d rather just sit around.” Holy 47 percent, Batman!

It’s hardly the first time a prominent conservative has said something along these lines. Ever since a financial crisis plunged us into recession it has been a nonstop refrain on the right that the unemployed aren’t trying hard enough, that they are taking it easy thanks to generous unemployment benefits, which are constantly characterized as “paying people not to work.” And the urge to blame the victims of a depressed economy has proved impervious to logic and evidence.

But it’s still amazing — and revealing — to hear this line being repeated now. For the blame-the-victim crowd has gotten everything it wanted: Benefits, especially for the long-term unemployed, have been slashed or eliminated. So now we have rants against the bums on welfare when they aren’t bums — they never were — and there’s no welfare. Why?

READ MORE


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FOCUS | What Does Corporate Personhood Have to Do With Climate Change? Everything. Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=7118"><span class="small">Carl Gibson, Reader Supported News</span></a>   
Monday, 22 September 2014 11:00

Gibson writes: "300,000 people took over Manhattan Island this weekend demanding climate justice (Full disclosure: I was one of them). While it’s important for the continued existence of the human race to minimize greenhouse gases like CO2 and methane emissions that generate heat in our atmosphere, simply using sustainable energy sources and consuming less isn’t a cure-all for climate change."

The Supreme Court of the United States. (photo: Steve Petteway/SCOTUS)
The Supreme Court of the United States. (photo: Steve Petteway/SCOTUS)


What Does Corporate Personhood Have to Do With Climate Change? Everything.

By Carl Gibson, Reader Supported News

22 September 14

 

300,000 people took over Manhattan Island this weekend demanding climate justice (Full disclosure: I was one of them). While it’s important for the continued existence of the human race to minimize greenhouse gases like CO2 and methane emissions that generate heat in our atmosphere, simply using sustainable energy sources and consuming less isn’t a cure-all for climate change. If we really want to get to the root of the problem and have real climate justice, we have to end corporate personhood. Until corporations are no longer considered people, they’ll always be able to claim their inalienable constitutional rights to make a profit at all costs and get around any new regulations, like emissions laws or energy usage limits.

How Artificial Entities Gained Constitutional Rights

Corporations have been people since 1886, when the U.S. Supreme Court ruled in the Santa Clara County vs. Southern Pacific Railroad case that the constitutional right of equal protection under the law, originally meant for freed slaves in the 14th Amendment, applied not only to human beings, but to artificial entities like corporations as well. Since then, these artificially-created legal entities meant to shield people from liability and risk have had the same constitutional rights as living, breathing human beings with a pulse, like you and me, and have finagled those rights to gain control over every aspect of society.

Previously, corporations were chartered for very specific projects solely for the public good and kept on a tight leash – if a corporation did anything it wasn’t specifically chartered to do, its corporate charter was revoked. This changed in the 1818 Dartmouth College vs. Woodward ruling, in which the Supreme Court agreed that Dartmouth College’s corporate charter was a contract between private entities, and beyond the regulation of the state legislature.

After corporations gained personhood rights in 1886, they became persons with Fourth Amendment protections in 1906 with the Hale vs. Henkel decision. A major antitrust case against a group of tobacco corporations was stopped short when, after the U.S. government demanded a tobacco farmer turn over his financial documents, he alleged that his corporation had the right to be free from unreasonable search and seizure as a corporate “person.”

In 1976, corporate money became protected by the First Amendment in the Buckley vs. Valeo ruling. Seven justices agreed that donations to campaigns were the same as free speech. The 1979 First National Bank of Boston vs. Bellotti Supreme Court case established precedent that corporations’ money was not only free speech, but that corporate money could be allowed to influence the outcome in a ballot initiative rather than simply go to one candidate or another in an election. Interestingly enough, the justice who wrote the majority decision in Bellotti was Lewis Powell, author of the 1971 Powell Memo. Powell wrote the memo to the U.S. Chamber of Commerce when he was still a corporate lawyer, laying out a strategy for corporations to take over society by first taking over the schools, the media, and the courts.

In more recent history, the 2010 Citizens United vs. FEC case said that corporate money in elections was free speech and could be completely unregulated through independent channels. This year’s McCutcheon vs. FEC case ruled that money in elections was free speech, and current aggregate limits on individual donations were a violation of the First Amendment. While Citizens United and McCutcheon are the most well-known cases, simply overturning those cases while ignoring all the rest is akin to scratching off the scab but doing nothing about the infection.

Essentially, immortal, fictional, man-made legal phantoms that neither eat, drink, breathe, make love, nor die, are fully armed with every constitutional right you and I have. The difference between corporations and us is that they often have more money to play with to hire expensive lawyers that can undo the will of the people. One case study is what happened in Humboldt County, California.

What Corporate Constitutional Rights Has to Do with Climate Justice

In the 1990s, Humboldt County voters passed strict guidelines establishing ownership of their environment, along with zoning laws to prevent public land from being converted into something the people didn’t support. Walmart attempted to open a location in Humboldt County in 1999, but the zoning laws prevented them from doing so. Walmart spent over $200,000 hiring petition gatherers in the community to overturn zoning laws, but the ballot initiative to overturn the people’s own zoning laws fell short. A victory, right? Think again.

In 2003, the Maxxam Corporation’s subsidiary, Pacific Lumber, wanted to cut down a portion of Humboldt’s redwood forest, and submitted a logging plan adherent to the county’s environmental standards. After the Department of Forestry sanctioned it, Pacific Lumber ended up cutting down far more trees than originally proposed. After enough citizens complained about the water quality and damage to the environment caused by the logging, newly-elected District Attorney Paul Gallegos sued Pacific Lumber for fraud. Maxxam then mounted a recall campaign against Gallegos in retaliation for his enforcement of the law, and the recall cost the people of Humboldt County $300,000 to keep their elected official. Gallegos kept his job by a 69 percent to 31 percent margin, and continued his lawsuit against Maxxam, which amounted to over $250 million. Another win for the people, right? Wrong.

The people of Humboldt County were so incensed over the corporate-funded recall effort against their duly-elected official that in 2006, they passed Measure T. The measure effectively prohibited corporations and other entities from outside Humboldt County from donating money to influence Humboldt County elections. In 2008, the Pacific Legal Foundation, whose key funder in its first several decades was Richard Mellon Scaife (heir to the Paul Mellon dynasty), and which is currently funded by a Koch Brothers-funded foundation, successfully overturned Measure T in U.S. District Court. The PLF argued that Measure T’s restrictions on campaign financing was a violation of both the 14th Amendment’s equal protection clause, and the First Amendment. This set the precedent that allowing some corporations to set up shop, but not others, like Walmart, violated the 14th Amendment. This also set precedent that when Maxxam submitted a fraudulent logging plan, it was allowed to do so, since lying was a form of free speech.

So, when you ask, what do corporate constitutional rights have to do with climate justice? Everything.

How We Fix It

We can regulate greenhouse gas emissions all we want, pass a carbon tax, and demand moratoriums on drilling and fracking. But because the Supreme Court has ruled that corporations have no duty to the public good and can be unilaterally focused on making a profit at any cost, and that corporations are legal persons with inalienable constitutional rights, any corporation can sue the people and win as long as they have those constitutional rights.

However, this can be fixed by pursuing a simply-worded constitutional amendment. It must state that constitutional rights are only intended for human beings, not artificial entities like corporations. And it must also state that money is property, not free speech, and can be regulated in elections and ballot initiatives. If we have the grassroots movement to put 300,000 people in the streets of New York City for climate justice, we have the movement to pass that amendment. Let’s get to work.



Carl Gibson, 27, is co-founder of US Uncut, a nonviolent grassroots movement that mobilized thousands to protest corporate tax dodging and budget cuts in the months leading up to Occupy Wall Street. Carl and other US Uncut activists are featured in the documentary We're Not Broke, which premiered at the 2012 Sundance Film Festival. Carl is also the author of How to Oust a Congressman, an instructional manual on getting rid of corrupt members of Congress and state legislatures based on his experience in the 2012 elections in New Hampshire. He lives in Sacramento, California.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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Historic People's Climate Change March Shatters Expectations Print
Monday, 22 September 2014 07:53

Galindez writes: "Hundreds of thousands of people from all walks of life took to the streets of Manhattan in what organizers are calling the largest climate change protest in history. Organizers also said the march was the largest social justice march in New York City in over a decade."

 (photo: Scott Galindez/RSN)
(photo: Scott Galindez/RSN)


Historic People's Climate Change March Shatters Expectations

By Scott Galindez, Reader Supported News

22 September 14

 

undreds of thousands of people from all walks of life took to the streets of Manhattan in what organizers are calling the largest climate change protest in history. Organizers also said the march was the largest social justice march in New York City in over a decade.

March organizers expected over 100,000 people, but that turned out to be a conservative guess. The initial estimate is 310,000. It has been six hours since the march began, and people are still streaming down 42nd Street, miles from where the march began.

The original plans were for marchers to line up on Central Park West from 60th Street to 86th Street. But at 1:45 p.m., two hours after the march started, the staging area stretched to 93rd Street and was still packed with people.

“We said it would take everyone to change everything – and everyone showed up,” said Eddie Bautista, executive director of the New York City Environmental Justice Coalition.

This march was historic in many ways. While there were many high profile participants, they were not given the mic. Instead they marched like everyone else. The only speakers at the pre-march press conference were people representing communities suffering the effects of climate change.

There were no endless speeches from talking heads. Even without the usual messengers, the message that climate action is needed now was clearly articulated. At 12:58 p.m., the front of the march stopped at 42nd Street and 7th Avenue for a moment of silence. Everyone held hands. At that point the march stretched back to Central Park West where it began. The silence sent a clear, unified message.

The significant participation of Labor in an environmental march was also historic. In the past, trade unions and “environmental caucuses” from some of the larger unions have come out for events like this. Today Labor was a significant player, which bodes well for the climate movement’s strength within the Democratic Party.

Senator Bernie Sanders, an Independent from Vermont, echoed the importance of the strong participation from Labor. “This march will be heard in Washington. The diversity will not be lost on my colleagues,” said Sanders. Sanders also warned that if the Republicans take the Senate, the chairman of the committee that will oversee climate change issues will be Jim Inhofe, who wrote a book claiming climate change is a hoax.

The historic action didn’t take place only in New York. 2,500 protests took place around the world.

In addition, at last count, 2,129,060 people around the world had also signed onto a petition calling for world leaders to take bold action at the UN Climate Summit this week.

“With hundreds of thousands marching in over 2,500 protests worldwide, this is by a long way the largest climate mobilization in history. It's a wake up call to politicians that climate change is not a green issue anymore, it's an everybody issue,” said Ricken Patel, the executive director of Avaaz, who delivered the petition to UN Secretary General Ban Ki-moon at 1:00 p.m. this afternoon on the march route.

The historic participation of indigenous people was another significant development at this march. Indigenous communities affected by climate change, from the Americas to Tibet, led the march with spirited song and dance.

The question is, who was listening?

The end of the march reached 42nd Street and 7th Avenue at 5:30 p.m., six hours after it left Columbus Circle.



Scott Galindez attended Syracuse University, where he first became politically active. The writings of El Salvador's slain archbishop Oscar Romero and the on-campus South Africa divestment movement converted him from a Reagan supporter to an activist for Peace and Justice. Over the years he has been influenced by the likes of Philip Berrigan, William Thomas, Mitch Snyder, Don White, Lisa Fithian, and Paul Wellstone. Scott met Marc Ash while organizing counterinaugural events after George W. Bush's first stolen election. Scott will be spending a year covering the presidential election from Iowa.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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Citizens United: Antonin Scalia's Law Print
Monday, 22 September 2014 07:46

Teachout writes: "The opinion shows a lack of understanding of the corrosive power of gifts and subtle influence, and no appreciation for the need for clear rules, because of the difficulty of proving connections between gifts and acts."

Antonin Scalia. (photo: AP/Manuel Balce Ceneta)
Antonin Scalia. (photo: AP/Manuel Balce Ceneta)


Citizens United: Antonin Scalia's Law

By Zephyr Teachout, Salon

22 September 14

 

Citizens United sparked a political revolution that would have left the Founders revolted

he gift of a framed print was at the heart of a little-noticed case that foreshadowed the Supreme Court’s political theory in Citizens United. The case came to court after a trade association, Sun Diamond Growers, gave Secretary of Agriculture Mike Espy tickets to the 1993 U.S. Open Tennis Tournament worth $2,295, luggage worth $2,427 and $665 in meals, as well as the print and a crystal bowl worth $524.

The Supreme Court sided with Sun Diamond, against every court of appeals decision before 1999. It held that the government had to prove that the gift was given for a particular official act. Sun Diamond makes it nearly impossible to prove a violation of the gratuities act for any gift given before an official action. Sun Diamond effectively turned the bright-line gratuities statute into a more demanding bribery statute.

The opinion shows a lack of understanding of the corrosive power of gifts and subtle influence, and no appreciation for the need for clear rules, because of the difficulty of proving connections between gifts and acts. Instead the Court concluded that a clear rule would lead to “absurdities.” Justice Antonin Scalia,writing for the Court, found it incomprehensible that the statute could criminalize “a complimentary lunch for the Secretary of Agriculture” given by Sun Diamond, if he had matters before him that affected their work. He apparently never heard the adage, “There ain’t no such thing as a free lunch.”

Scalia outright rejected the argument that the statute criminalized the “buy[ing of] favor or generalized goodwill from an official who either has been, is, or may at some unknown, unspecified later time, be in a position to act favorably to the giver’s interests.” He rejected the claim that it criminalized presents “motivated, at least in part, by the recipient’s capacity to exercise governmental power or influence in the donor’s favor.” If you read the case as political theory, instead of statutory interpretation, the Court suggests that using money to influence power through gifts is both inevitable and not troubling. In so doing, it set the table for the Court’s major corruption decision in Citizens United.

Justice Scalia began the Sun Diamond opinion with this sentence: “Talmudic sages believed that judges who accepted bribes would be punished by eventually losing all knowledge of the divine law.” Eleven years later, Scalia and the other justices in Citizens United seemed to forget all knowledge of what in America is the closest we get to divine law— the laws of human nature and democratic politics.

Nine years after Sun Diamond, a small, conservative nonprofit corporation named Citizens United wanted to air a ninety-minute movie about Hillary Clinton on DirecTV. It was right before the 2008 Democratic presidential primaries. Citizens United also wanted to air thirty-second advertisements for the movie on broadcast television. The transcript of one of the ads went like this, with different lines spoken by different people:

“Questions”

Who is Hillary Clinton?

She’s continually trying to redefine herself and figure out who she is . . .

At least with Bill Clinton he was just good-time Charlie. Hillary’s got an agenda . . .

Hillary is the closest thing we have in America to a European socialist . . .

If you thought you knew everything about Hillary Clinton . . . wait ’til you see the movie.

The Federal Election Commission moved to block the movie and the advertisements for violating the Bipartisan Campaign Reform Act (BCRA), a 2002 campaign-finance law that prohibited corporate-funded campaign commercials within thirty days of a presidential primary. Citizens United challenged the decision. According to its lawyers, it was a documentary, it was not offered over broadcast, and BCRA did not apply. According to the government, it was a ninety-minute ad designed to hurt Mrs. Clinton in the primaries, the distribution counted as broadcast, and BCRA did apply.

During the initial oral argument of the case in 2008, Justices Scalia, Kennedy, and Roberts asked questions that implied something far more expansive, and declaratory, than statutory interpretation. They wanted to hear arguments about whether the law banning corporate election spending could be justified at all. With the nature of the case changing, the Court requested that the parties write new briefs and reargue the case, explaining the constitutional legitimacy of independent corporate spending limits. However, there was no chance to research the underlying factual issues. No record was created to address these new foundational constitutional questions.

The case came back to the Supreme Court in 2009. Ted Olson, the lawyer for Citizens United, argued that there was no justification for the law because there is “no quid pro quo there [when corporations spend money in campaigns], and if there is it would be punishable as a crime.” In essence, his claim was that Congress’s power to protect elections from corruption was limited to the power to punish and deter explicit bribes. Anything else is not corruption.

In January 2010 Justice Anthony Kennedy, writing for a majority of the Court, adopted Olson’s argument and struck down all limits on corporate expenditures. The decision was within the Buckley framework and assumed that political spending is protected speech, and that nothing except corruption or the appearance of corruption could justify restrictions on that speech.

Citizens United is a complicated opinion, with many moving parts. But to my mind, the radicalism of the opinion, even beyond the flawed framework of Buckley, rests on two connected determinations. First, the Court found that the First Amendment protects political speech regardless of the identity of the speaker. Second, the Court found that no sufficiently important countervailing governmental or constitutional goal was served by limiting corporate political advertising. It conclusively held that corruption was the only possible government interest that might permit First Amendment restrictions and that anticorruption interests were not served by the law. Political equality concerns are not constitutionally legitimate reasons to pass such a law.

The opinion comprehensively redefined corruption, and in so doing, redefined the rules governing political life in the United States. As a matter of federal constitutional law, corruption now means only “quid pro quo corruption.” And quid pro quo exists only when there are “direct examples of votes being exchanged for . . . expenditures.” Corruption does not include undue influence and cannot flow from donors trying to influence policy through campaign contributions, unless these donors are utterly crass. “Ingratiation and access” are not corruption. Corruption does not include “the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporation’s political ideas.” And perhaps as surprisingly, Kennedy held that as a matter of law— regardless of the facts that are presented—“independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.”

But Citizens United did not merely exclude alternate definitions of corruption. It actually took that which had been named corrupt for over two hundred years and renamed it legitimate and the essence of responsiveness. Using ideas that were originally espoused in a dissenting opinion in McConnell, Kennedy equated “favoritism and influence” with “democratic responsiveness.” The jump from unavoidable influence to the legitimacy of influence, by equating it with positive values of responsiveness, happens in five short sentences. Even more than the adoption of quid pro quo, this passage represents a fundamental assault on traditional ideas of corruption:

The fact that speakers may have influence over or access to elected officials does not mean that these officials are corrupt: Favoritism and influence are not . . . avoidable in representative politics. It is in the nature of an elected representative to favor certain policies, and, by necessary corollary, to favor the voters and contributors who support those policies. It is well understood that a substantial and legitimate reason, if not the only reason, to cast a vote for, or to make a contribution to, one candidate over another is that the candidate will respond by producing those political outcomes the supporter favors. Democracy is premised on responsiveness.

The framers might agree with almost every sentence in this passage, but not with the logical leaps it contains. Madison would agree that access is not equated with corruption, but he would disagree that access does not lead to corruption. He would agree that favoritism is unavoidable— and donor favoritism is unavoidable— but he would disagree that we should therefore stop trying to limit it. He would agree that the donors will likely want to produce responses, but he would disagree that we should call that desire legitimate. And he would agree that democracy is premised on responsiveness, but he would disagree that responsiveness to the wealthy is the same as responsiveness to constituents. In this string of thoughts, connected by a weak logic, Kennedy gives up on the project of separating moral and dangerous forms of responsiveness. In Kennedy’s vision, all that is left of corruption is a particular kind of quasi-contract.

Justice Stevens, citing from the majority opinion in McConnell, called the majority definition of corruption “crabbed.” But it was not just narrow; it represents an inversion of traditional American political language. Kennedy did not merely reject certain arguments, but rather laid out an affirmative vision of political life. The affirmative positive vision is Benjamin Franklin’s dystopia. Citizens, in Kennedy’s view, are supposed to use money to achieve personal benefits in the public sphere.

Between quid pro quo corruption and democratic responsiveness, Kennedy identified a third sphere of political activity, one that is troubling but not sufficiently troubling that Congress could do anything about it. There is “cause for concern,” he wrote, when “elected officials succumb to improper influences from independent expenditures; if they surrender their best judgment; and if they put expediency before principle.” However, he did not equate those with corruption, nor did he suggest how Congress could address these ills except through laws banning quid pro quo exchanges. If Jefferson were around to read the opinion, he would doubtless complain of its Yazooism. Like Justice Marshall, Justice Kennedy identifies a fundamental democratic threat for which he says nothing can be done.

The Polity

Kennedy’s opinion paints an apolitical vision of democracy, far removed from the founding vision. We are a nation of consumers of information, which corporations supply. Without corporate speech, “the electorate [has been] deprived of information, knowledge and opinion vital to its function.” The government has prevented corporations’ “voices and viewpoints from reaching the public and advising voters on which persons or entities are hostile to their interests.” Corporations must not be prevented “from presenting both facts and opinions to the public.” According to Kennedy (again quoting his dissent in McConnell) the extensive “censorship” of campaign restrictions has “muffle[d] the voices that best represent the most significant segments of the economy.”

In this worldview, associational life happens through the corporate form. Corporations are “association[s] of individuals in a business corporation”; corporations are “disfavored associations of citizens.” The political life of citizens in his vision exists through and because of corporations. He counted 5.8 million for-profit corporations in 2006, worrying that all of their speech could be banned. PACs, the method through which corporations could raise and spend political money under Congress’s regime, were too demanding to satisfy the corporate associational need to speak. The reporting and administration of PACs led to “onerous restrictions,” such that “a corporation may not be able to establish a PAC in time to make its views known regarding candidates and issues in a current campaign.” Corporate electoral speech is endowed with positive traits: “On certain topics corporations may possess valuable expertise, leaving them the best equipped to point out errors or fallacies in speech of all sorts, including the speech of candidates and elected officials.”

Ironically, citizens qua citizens, instead of citizens qua Citizens United, are hard to find in Citizens United. There are “associations of citizens” (corporations) and “citizens and shareholders,” a phrase equating citizens with investors. Citizens as civic participants are passive. They are twice mentioned (once in a quote from previous cases) to support Kennedy’s argument that “speech is an essential mechanism of democracy,” a paragraph that transforms the First Amendment from a personal right lodged in an individual speaker to a disembodied right that is located in speech itself, instead of the speaker. The law “prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” The clear goal of the sentence is to equate individuals (citizens) with corporations (associations of citizens). And at the end of the opinion, the Court uses this quote, “Citizens must be free to use new forms, and new forums, for the expression of ideas,” as an explanation for why corporations must have unlimited rights to spend money.

Citizen was a hotly debated word in early America. Historian John Murrin points out that the idea of ruler and ruled was so deeply entrenched in the thinking of political elites that after the Constitutional Convention it was hard to shake. Some Americans still used the word subjects instead of citizens for decades. George Washington was affronted when he was criticized between elections because he thought of elections as mechanisms for creating rulers who governed subjects, as opposed to periodic affairs in which representatives rose to positions of power but stayed in constant, dialectical relationship with the sovereign public.

The word citizen suggests, in its very invocation, a public role for the person. It implies that a person can take responsibility for a larger political community. In the theory that animated the founding era, the citizen is the essential unit of a political society. In classic liberal theory that dominated the late nineteenth and early twentieth centuries, the citizen was also central in political life. The obligations of public-dealing at least in public affairs remained. As the lobbying cases show, various obligations attended entering the public sphere. Throughout our history, a citizen may not, ethically, use government to better her own position if she knows it harms others. She might support laws that help her, but only if she also believes they will help the public as a whole.

In Citizens United, that kind of citizen is gone. If Kennedy took a traditional understanding of corruption, he might be concerned for the corruption of the citizens who were using the corporate form to influence politics, and the way in which unlimited corporate speech might exacerbate lobbying culture. Instead, the citizen becomes a consumer of information, the corporation becomes an “association of individuals,” and corruption becomes democratic responsiveness. It is a remarkable conceptual triple Lutz.

To be fair, there are serious and difficult issues that Citizens United raised, particularly in an Internet era where it is difficult to distinguish between corporations that own “the press” and corporations that make independent expenditures. I do not agree with Justice Kennedy’s resolution of those issues, but his misreading was at least partly provoked by living in a time where the fundamental distinction between the corporation and the press, for instance, is being erased. However, the replacement of corruption with a quid pro quo formulation is simply untenable as a matter of legal history. Citizens United was a revolution in political theory, disguised as a definitional disagreement.


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