Index
A
Act 38 (ACRE initiative) [Pennsylvania], 110
Adams, Samuel, 47, 61, 80, 127
Adorers of the Blood of Christ (Lancaster County, Pennsylvania), 23–26
African Americans
Fifteenth Amendment extending voting rights to male, 140
labor of prisoners rented out to corporations among, 151
segregation of, 124
See also Racial discrimination; Slaves
Agrarian Justice (Paine), 55–56
Agreement on Technical Barriers to Trade (TBT), 166
American Civil War
Thirteenth Amendment (1865) following the, 34–35, 75, 84–85, 125
as watershed moment in ascending wealth and power, 121–122
American flag, 120
American Legislative Exchange Council, 116
American Revolution
Hamilton’s plan to pay debt of the, 152–153
how legal privilege has hijacked the, 1–4, 16–18
justification premised on values different than Federalists, 148
Robert Morris’s financial support of the, 33
time to reclaim vision of the, 184
vision of local self-government driving the, 114–118
See also United States
calling out those betraying the Revolution, 3
opposing ratification of Philadelphia convention’s recommendations, 61
Thomas Jefferson’s work as a, 23, 61, 62–63, 66, 69–70, 85, 90
Aristotle, 170–171
Articles of Confederation, 2, 59, 60, 61, 69
Atlantic Sunrise pipeline dispute, 23–26
B
Bastiat, Frederic, 1
Bill of Rights
corporations declared “persons” protected by the, 2, 18, 38, 75, 79–80, 121–126
Federalists’ Constitution ratified without a, 160
private contract law not bound by public, 87–88
the soul of the US Constitution, 4
See also US Constitution
Black, Hugo, 131
Blackstone, Sir William, 65
British East India Company, 59, 76, 120, 134, 135
British Empire
American Revolution against the, 1–4, 16–18, 33, 114–118
continuing influence of postcolonial administrations of, 163–164
English common law of, 51–55, 65, 66
practice of promissory notes to pay war debt by, 153
practice of using chartered corporations as “privateers,” 134
Broomfield’s anti-fracking ordinance (Colorado), 86–87
Brown v. Board of Education of Topeka, 124
Brunhouse, Robert L., 118
Bureau of Economic Analysis, 155
Burkhart, Ann M., 47
Burns, Nancy, 112
C
Capitalism
cannibalistic treatment of other people as prey in, 159–160
Hamilton’s notion of debt fueling economic growth, 149–150, 151–154
Wealth of Nations used as argument for Hamilton’s, 157–158
Ceiling preemption
description and impact on self-government by, 11–12, 14
Grant Township–PGE dispute and issue of, 101–102
CELDF (Community Environmental Legal Defense Fund)
community rights movement as central strategy of, 109
contact information for, 192
Daniel Pennock Democracy Schools developed by, 14, 178–179
developing a strategy to challenge current system, 180–184
developing text of Ohio amendment petition, 185–187
founding and earliest years of, 176–177
Grant Township ordinance against PGE’s toxic waste plan role of, 98–102
Lafayette, Colorado, Climate bill of Rights and Protections ordinance (2017) work by, 147–148
Licking Township Ordinance written by, 136–137
lobbying against Pennsylvania’s Act 38, 110
Model Legal Brief for the Elimination of Corporate “Rights” by, 129
Mora Community Water Rights and Self-Government Act (2013) drafted by, 39–40
National Community Rights Network partnership with, 188, 191
Nottingham Water Rights and Local Self-Government Ordinance role of the, 52–53
recruited to help guide Ecuador’s new national constitution, 44
Tamaqua’s ordinance protecting ecosystems drafted by, 42–43
Cha, Mijin, 155–157
Charles I (king of England), 115
Charters. See Corporate charters
Citizen Tom Paine (Fast), 58
Citizens
corporations declared “persons” with same rights as, 2, 18, 38, 75, 79–80, 121–126
current efforts to disenfranchise, 145–146
Federalists opposition to direct legislation by, 105
ideal of direct participation in local government by, 104
need for community rights movement participation by, 189–192
Whiskey Rebellion (1991) and first use of federal force against US, 153–154, 171
See also Civil rights; Democratic rights; Unalienable rights
Citizens United v. Federal Elections Commission (2010), 17–18, 19, 122, 124, 188
City Council of Pittsburgh’s fracking ban (2010), 14–15
City of Clinton v. Cedar Rapids and Missouri River Rail Road Company, 107
Civil rights
contracts as commoditization of, 8
corporations declared “persons” with, 2, 18, 38, 75, 79–80, 121–126
floor preemption protection of, 11
“Lancaster Against Pipelines” dispute and interacting, 26–30
laws making property rights more important than, 82
“right to survive” amendment ballot to secure, 8–9
See also Citizens; Democratic rights; Unalienable rights
Civil Rights Act (1875), 73–74
Civil Rights Cases of 1883, 74, 95
Civil rights movement, 182–183
Colorado Community Rights Network (CRN), 187
Colquhoun, Patrick, 149
Columbus, Christopher, 30
Commerce
Articles of Confederation on, 59, 60
constitutional prohibition of popular governance of, 68–70
global campaign over self-government and privileged property rights of, 169–170
government regulations governing, 49, 72–76, 77–78
implications of engaging across state borders, 49
North American Free Trade Agreement (1789), 69
people at the mercy of corporate “commercial activities,” 82
racial discrimination by businesses regulated through, 72–76
See also Contract law; International trade agreements
Commerce clause (US Constitution)
infringing on right of self-government, 49
invoked “for the general welfare,” 73
Jefferson’s letter warning about use of the, 69–70
proposed by Federalists to protect wealth, 68–70, 82–83
Waste Management Holdings, Inc. decision creating the dormant, 70–72
Common Sense (Paine), 33, 55, 57
Commonwealth of Nations, 20, 163–164
Communities
examples of recent state enactments subordinating, 110–111
how legal privilege blocks solutions to problems faced by, 5–6
an inclusive definition of, 40–41
international trade agreements preempting local legislation by, 118
left to enforce regulations with no power to make them, 80
New Jersey’s Township Act of 1798 incorporating, 104
Plymouth, New Hampshire declaration (2018) for self-government of, 146–147
public opposition to establishing municipal corporations from towns and, 104–105
See also Local government; Municipal corporations
Community Bill of Rights ordinances, 181
Community rights movements beginning with inclusive definition of community, 40–41
Broomfield’s anti-fracking ordinance (Colorado), 86–87
CELDF’s strategy centered on, 109
Democracy School curriculum developed to aid in, 14, 178–179
first job to win the minds and hearts of the people, 182–183
gathering together the, 184–188
by Grant Township over
PGE’s toxic waste plan, 97–102
Lafayette, Colorado, Climate bill of Rights and Protections ordinance (2017), 147–148
“Lancaster Against Pipelines,” 23–26
to liberate privileged property, 40–46
Mora County’s dispute over fracking, 39–40
need for more citizen participation in, 189–192
Ohio amendment petition, 185–187
our responsibility to dismantle dictatorship of property, 172–174
Plymouth, New Hampshire declaration (2018), 146–147
Tamaqua government’s ordinance protecting ecosystems, 41–44, 45
Community Rights Networks (CRNs), 185, 187–188
Conkling, Roscoe, 131
Contract clause (US Constitution)
Federalists’ inclusion of the, 85–86
perpetuating debt slavery, 154–155
retooled by the Supreme Court (1819), 88
as stated in the Constitution, 154–155
as tool for taking self-government from communities, 89–97
Contract law
allowing confiscation of value from others, 36–37
City Council of Pittsburgh’s fracking ban (2010) taking on, 14–15
as commoditization of unalienable rights, 8
constitutional contract clause on, 85–86, 88
Dartmouth case decision making a corporation a contract, 92–97
falling within realm of private law, 9–10
as not bound by public Bill of Rights, 87–88
See also Commerce
Cooley, Thomas, 113–114
Corporate charters
Dartmouth decision on, 95–96, 102, 105, 108, 110, 122–123, 138–139, 188
as “instruments of injustice,” 127
sovereignty of, 133–134
US Constitution seen as a, 128–129
Corporate personhood
Adam Winkler’s entertaining book on, 38
CELDF’s strategy for challenging concept of, 181
Citizens United v. Federal Elections Commission declaring, 12–24, 17–18, 19, 122, 124, 188
declared “persons” with unalienable rights, 2, 75, 79–80
as a diversion from the real problem, 124–129
Fourteenth Amendment (1886) protection given to, 38, 74, 122, 123, 124, 126, 131
history of the evolution of, 121–126
Hobby Lobby decisions on, 122, 188
Licking Township Ordinance (2010) denying, 136–137
Santa Clara County v. Southern Pacific Railroad Company (1886) declaring, 122–124, 131–132, 188
a timeline of legal decisions leading to fictitious, 129–132
See also Unequal legal protection
Corporations
British Empire’s practice of using “privateers,” 134
ceiling preemptions enforced through litigation by, 12, 14
Citizens United v. Federal Elections Commission on campaign contributions by, 17–18, 19, 122, 124, 188
Civil Rights Cases of 1883 review shielding discrimination by, 74–75, 95
Dartmouth case decision’s making corporations a contract, 92–97, 102, 105, 108, 111, 122–123, 138–139, 188
Dartmouth College by the king as pre-Revolution, 91–92
influence on elections and legislation by, 83–84
“Lancaster Against Pipelines” dispute over eminent domain by a, 23–26
Lehigh Coal and Navigation Corporation’s plan to dump toxic waste, 42–43
Minnesota Sands’ lawsuit against Winona County mining ban, 79–80
Mora County’s dispute over fracking with a, 39–40
Nestlé Corporation, 52
Pennsylvania General Energy (PGE) dispute with Grant Township, 97–102
people at the mercy of “commercial activities” of, 82
privatization of contract laws applying to, 9–10
regulatory agencies as barrier between the people and, 77–78
sovereignty of a chartered, 133–134
Supreme Court’s distinction between public and private, 90
true American revolutionaries understood the oppression of, 127
as the weapon of the privileged minority, 134–136
See also Municipal corporations; Privileged property
Corporatization of food production, 5
CounterPunch Michael Hudson interview, 155
Credit card debt, 161
Creditors
claim to ownership of debtor’s future labor, 85, 151
legal biases favoring property rights of, 8
usury (high interest rates) creating wealth for the, 151
“Creeping socialism” propaganda, 172
Criminalization of poverty, 150–151
Cromwell, Oliver, 115
D
Daily Camera, 86
Daniel Pennock Democracy Schools, 14, 178–179
Darrell, Gail, 52
Dartmouth College, 91–92
Dartmouth v. Woodward case decision
community rights efforts to repeal, 188
Dillon’s Rule doctrine made possible by the, 102, 108
Judge Story’s contributions to the, 90–91, 92, 93, 94, 99, 105, 111
overview and significance of the, 92–97, 122–123, 138–139
preemptions legacy of the, 111
See also New Hampshire
Data mining/“private” surveillance, 6
Davis, David Brion, 90
“Death tax” (inheritance tax), 57
Debt
Alexander Hamilton’s notion of economic growth fueled by, 149–150, 151–154
as claim of ownership of others’ production, 149
counted as GDP measure of economic growth, 155–157
credit card, 161
English “the terrors” laws criminalizing poverty and, 150–151
student debt (2018), 160–161
See also Public debt
Debt slavery
Constitutional contract clause perpetuating, 154–155
criminalization of debtors as modern face of enslavement, 150–151
indenturing the future to the past, 160–161
little motivation for a government to protect against, 154–157
predatory lending that increases, 6, 161–162
See also Slaves
Debtors
creditors’ claim to ownership of future labor of, 85, 151
criminalization of, 150–151
legal biases favoring property rights of creditors over, 8
Declaration of Independence
Brunhouse’s account on the adoption of the, 118
challenging the existing law and restoring vision of, 137
its message mimicked by the Federalists, 119–120
“life, liberty and property” replaced by “pursuit of happiness” in, 63
reasons for colonists’ revolt stated in the, 114
“Spirit of ’76” reflected in the, 3
unalienable rights bestowed by the, 3, 21–22, 62–63
vision of self-government in the, 114–118
“The Declining Influence of the United States Constitution” (Versteeg and Law), 168
Democracy
Aristotle’s description of the oligarchy vs., 170–171
Federalist’ efforts to subvert, 1–4, 16–18, 19, 29–30, 64–65, 66
history of diminishing returns on, 142–145
John Adams’s lack of faith in, 64–65
See also Self-government right
Democracy Schools, 114, 178–179
Democratic rights
Citizens United v. Federal Elections Commission (2010) impact on, 17–18, 19, 122, 124, 188
current efforts to disenfranchise citizens threat to, 145–146
Dorr War (1841–1842) fought over property requirements for, 49–51
extending voting rights to first male blacks and then all women, 140
Franklin’s jackass anecdote on property vs. men and the, 48, 50
how ceiling preemption has reduced, 11–12, 14
how legal privilege has hijacked, 1–4, 16–18
“sacrifice zone” removal of, 100
three-fifths clause increasing the wealthy’s, 16–17, 82–83, 125, 126
See also Citizens; Civil rights; Self-government right
Dhuaime’s Law Dictionary, 107
Dictatorship of property
description and why it is a problem, 4–10
historic development by the Federalists of the, 1–4, 16–18, 19, 29–30
international consequences of the US, 19–20
introduction to the, 1–2
our responsibility to dismantle the, 172–174
planetary emancipation movement to free us from, 20–22
protected by Supreme Court interpretations, 4–10, 17–18
wealth accumulation protected by the, 4–10
See also Privileged property; Property
Diggers movement (England), 115
Dillon, John Forest, 107, 108, 109, 113
Dillon’s Rule
the anti-Dillon argument against, 113–114
boundless cynicism of proponents of the, 111
as form of private law enforced as public law, 108–109
Grant Township’s Community Bill of Rights overturned due to, 102
historical evolution of, 103–108, 140
limiting authority of municipal corporations, 107–109, 140
simple definition of, 107
on state subordination of local government, 11
used by propertied minority to upend self-government, 14
Doctrine of Discovery (Pope Alexander VI), 31
Domhoff, William, G., 138
Dorr War (1841–1842), 49–51
E
East Boulder County United, 187
East India Company (Great Britain), 59, 76, 120, 134, 135
East Run Hellbenders Society (Pennsylvania), 98, 100, 101
Economic growth
debts counted as GDP measure of, 155–157
Hamilton’s notion of debt fueling, 149–150, 151–154
Hamilton’s plan for public debt to generate, 153
An Economic Interpretation of the Constitution of the United States (Beard), 2
Economic Times report (2012), 171
Ecosystems
Pittsburgh’s “no fracking” Community Bill of Rights protecting, 44–45
property status under Western law of, 42–43
Tamaqua ordinance protecting land and, 41–44
Ecuador’s new national constitution, 44
“Efficiencies of scale,” 51
Elections
Citizens United (2010) decision on campaign contributions for, 17–18, 19, 122, 124, 188
Constitution’s three-fifths clause impact on early, 16–17, 82–83, 125, 126
corporate influence on legislation and, 83–84
Electoral College, 83
Elite class. See Propertied class
Eminent domain
description of, 24
injustice of official misuse of, 27–28
“Lancaster Against Pipelines” dispute over, 23–26
Enclosures of public land
Agrarian Justice (Paine) proposing reversal of, 55–57
British history of, 51–55, 150
Nottingham Water Rights and Local Self-Government Ordinance to prevent, 52–53
English common law
history of confiscation of human labor using, 53–55
history of enclosure of the commons by, 51–55, 150
regard for private property by, 65
Thomas Jefferson’s argument against importing, 66
See also The law
Environment
Lafayette, Colorado, Climate bill of Rights and Protections ordinance (2017), 147–148
Pittsburgh’s “no fracking” Community Bill of Rights protecting the, 44–45
Plymouth, New Hampshire declaration (2018) on protecting, 146–147
privatizing decision about rate of destruction of, 76
Tamaqua ordinance protecting land and the, 41–44
See also Fracking; Nature; Toxic trespass (private poisoning of the public); Water resources
Epperson, James F., 126
Equal protection
Civil Rights Act (1875) intended to provide, 73–74
Civil Rights Cases of 1883 review failure of, 74–75, 95
myth of equality before the law, 37–40
European immigration, 142–143
F
Factory farms, 6
“The Failure of Universal Suffrage” (Parkman), 144
Fast, Howard, 58
Federal Energy Regulatory Commission (FERC), 24
Federal government
ceiling preemption of lower-level government by, 11–12, 14
making it serve the governed, 12–15
rent subsidies from the, 157
Whiskey Rebellion (1991) and first use of force against US citizens by, 153–154, 171
See also Government
Federal judiciary
following the Federalists, 148
giving no relief to victims of predatory lending, 161–162
post-Civil War political paybacks transforming, 121
unwelcome but needed epiphanies about the law and, 179–184
See also US Supreme Court
Federalist No. 53, 105
Federalists
Articles of Confederation disposed of by the, 2, 59, 60, 61
commerce clause proposed by the, 49, 68–70, 82–83
Dartmouth case decision victory by, 92–97, 102, 105, 108, 111, 122–123, 138–139, 188
the Declaration of Independence message mimicked by the, 118–119
falsely remembered as “founding fathers,” 119
the Hamilton musical giving misappropriated legitimacy to, 151
House of Representatives and Electoral College established by, 83
the legacy of injustice of the, 183
Madison’s Virginia Plan accepted by, 62
opposition to direct legislation by citizens, 105
Philadelphia convention (1787) of the, 60–61, 65, 67, 142, 176
on possession of wealth legitimizing aristocracy, 67
quasi-monarchical judiciary established by, 3
Revolutionary values as very different than those of, 148
subversion of democracy and protection of wealth accumulation by, 1–4, 16–18, 19, 29–30, 64–65, 66, 116
their counterrevolution under Andrew Jackson’s presidency, 91
three-fifths clause pushed through by the, 16–17, 82–83, 125, 126
Fellowship of the Brotherhood of Saint Christopher of the Waterbearers of London, 51
Fifteenth Amendment (US Constitution), 140
Fifth Amendment (US Constitution), 87
First Amendment (US Constitution), 87, 125, 133, 181
Floor preemption, 11
Food protection corporatization, 5
Forbes, Jack D., 159
Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of National Resources, 71
“Founding fathers”
collective false memory of Federalists as, 119
hidden agenda on property and land ownership, 58–61
popular history on the, 3
refusal to accept community self-determination, 105
Thomas Paine not included as one of the, 57
Fourteenth Amendment (1886), 38, 74, 122, 123, 124, 126, 131
Fourth Amendment (US Constitution), 132
Fracking
Broomfield’s anti-fracking ordinance (Colorado), 86–87
City Council of Pittsburgh banning (2010), 14–15
Mora County’s ordinance prohibiting, 39–40
Pennsylvania drinking resources polluted by, 98
Pittsburgh’s “no fracking” Community Bill of Rights prohibiting, 44–45
privileged interests blocking control of, 5
state of Texas ban on local bans against, 110
Texas House Bill 2595 prohibiting local restrictions on, 110–111
See also Environment
Franklin, Benjamin, 33–34, 47, 48, 50
Free speech right, 133
French and Indian War, 58
G
Galbraith, John Kenneth, 163
GDP statistics, 155–157
General Agreement on Tariffs and Trade (GATT), 165
Genetically modified plants and animals (GMOs), 5
George III (King of Great Britain), 58–59
Gerry, Elbridge, 142
Ginsburg, Ruth Bader, 167–168
Global world
community rights movement for liberating land of the, 40–46
how the Federalists’ dictatorship of property system impacts, 19–20
internationalization of Alexander Hamilton’s economic approach, 170–172
movement of planetary emancipation to free the, 20–22
See also International trade agreements
Government
constitutional prohibition of popular governance of commerce by, 68–70
Dillon’s Rule on local subordination by higher-level, 11
making it serve the governed, 12–15
preemption by different levels of, 11–12
understanding who it really serves, 10–12
See also Federal government; Local government; State government
Government regulations
administered by an unrepresentative bureaucracy, 2
“patchwork quilt of regulation” phrase on, 72
pollution, 76
used to deny right of self-government, 78
Government regulatory agencies
as barrier between corporations and the people, 77–78
Declaration of Independence on grievance against early form of, 117–118
Interstate Commerce Commission (ICC), 77
Grant Township (Pennsylvania)
Community Bill of Rights adopted by, 99
legal dispute between PGE and, 97–102
as “sacrifice zone,” 100
Great Britain
American Revolution fought against the, 1–4, 16–18, 33
history of confiscation of human labor in, 53–55
history of enclosure of the commons in, 51–55, 150
Royal Proclamation of 1763 by, 58–59
“special relationship” between US and, 164
“the terrors” laws criminalizing poverty and debt in, 150–151
Greek public debt, 172
Guiding Principles on Business and Human Rights (UN), 169–170
Gun regulation, 5
H
Hamilton, Alexander
debt plan to fuel economic growth by, 149–150, 151–154
on “an excess of democracy,” 2
internationalization of his economic approach, 170–172
John Marshall as protégé of, 90, 161
predatory lending legacy of, 6, 161–162
role in crafting US
Constitution, 63
We the People is not voice of God quip by, 183
Wealth of Nations used as argument for capitalism of, 157–158
Hamilton (Broadway musical), 151
Hancock, John, 61
Happersett, Virginia, 123–124
Hartmann, Thom, 129
Hartog, Hendrik, 105–106
Hays, Samuel P., 142
Henry, Patrick, 61
Hobby Lobby case decision, 122, 188
Homelessness
interests of the rich conflicting with solving, 5
“right to survive” amendment ballot to secure rights of, 8–9
House of Representations, 83, 135
Hudson Bay Company, 134
Hudson, Michael, 155
Human rights
debt slavery lacking protection of, 154–157
lacking in cannibalistic treatment of other people as prey, 159–160
UN Guiding Principles on Business and Human Rights (2011) on, 169–170
Huschke, Kai, 187
I
Immigrants’ rights, sanctuary cities, 5
Independent Petroleum Institute of New Mexico, 39–40
Inheritance tax (“death tax”), 57
Injustice
charters as “instruments of,” 127
as legacy of the Federalists, 183
nine-tenths of the law mathematics of, 82–84
of official misuse of eminent domain, 27–28
See also Justice
Intellectual property rights, 87
“Inter Caetera” papal bull (1493), 30–31, 32
International Monetary Fund (IMF), 171
International trade agreements
Agreement on Technical Barriers to Trade (TBT), 166
Constitutional tax-free zones for wealth creation and, 164–165
General Agreement on Tariffs and Trade (GATT), 165
Investor State Dispute Settlement (ISDS) provisions of, 166
local attempts at democratic legislation preempted by, 118
negotiated by privileged property owners, 20
system of law created by Federalists including, 1
understanding who really profits from, 165–167
World Trade Organization (WTO) agreements, 68, 165–166
See also Commerce; Global world
Investor State Dispute Settlement (ISDS) provisions, 166
Involuntary servitude
history of British confiscation of labor using, 53–55
Thirteenth Amendment prohibition of, 34–36, 75, 84–85, 125
Irish Republic bailout, 171–172
Italian public debt, 171
J
Jackass anecdote (Benjamin Franklin), 48, 50
Jackson, Andrew, 91
Jackson, Kenneth T., 112
Jefferson, Thomas
commenting on Hamilton’s debt plan, 155
Declaration of Independence written by, 62–63, 115
declining to attend Philadelphia convention (1787), 61
on “the earth belongs always to the living generation,” 169
on Federalists’ Constitution ratified without Bill of Rights, 160
on his feelings toward the federal party, 23
Midnight Judges Act to prevent a Supreme Court appointment by, 90
on value of self-government, 103
warning against importing English common law, 66
warning against use of the commerce clause, 69–70
Jefferson’s Tidal Basin memorial, 58
Jennings, Edmund, 65
Judiciary. See Federal judiciary; US Supreme Court
Justice
dictatorship of precedent over, 8
“Lancaster Against Pipelines” dispute over interacting rights and, 26–30
See also Injustice
K
Kall, Rob, 169
Katzenbach v. McClung (1964), 73
Kempton, Sally, 175
King, Martin Luther, Jr., 183
Korten, David, 155
Kushner, Jared, 157
Kyd, Stewart, 106
L
Labor
British history of confiscation of, 53–55
creditors’ claim to ownership of debtor’s future, 85, 151
of prisoners rented to out corporations, 151
Thirteenth Amendment prohibition of involuntary servitude, 34–36, 75, 84–85, 125
“voluntarily” waiving rights to fair compensation for, 35–37
wealth accumulation through other people’s, 84–85
Lafayette, Colorado, Climate bill of Rights and Protections ordinance (2017), 147–148
Lakota nation (Pine Ridge Reservation), 114
“Lancaster Against Pipelines” dispute, 23–30
Land
Agrarian Justice (Paine) proposing reversal of enclosures of, 55–57
British history of enclosure of the commons, 51–55, 150
community rights movement for liberating, 40–46
property status under Western law of nature, ecosystems, and, 42–43
Tamaqua ordinance protecting ecosystems and, 41–44
Washington and “founding fathers’“ hidden agenda on property and, 58–61
See also Property
The law
British history of enclosure of the commons using, 51–55, 150
comparing public and private, 10
the Constitution making public law private property, 61–63
contracts falling within realm of private law, 8–10, 14–15
created by the Federalists to protect wealth accumulation, 1–4, 16–18, 19, 29–30
endowing property with ability to convey rights, 66–67
how property is created through, 33–37
Jefferson’s argument against importing common law into, 66
myth of equality before, 37–40
nine-tenths mathematics of injustice under, 82–84
precedent used as weaponized rule of property, 65
unwelcome but needed epiphanies about, 179–184
See also English common law
Lee, Richard Henry, 61
Legal privilege
for corporate property as “persons” with rights, 2
how democratic rights have been hijacked by, 1–4, 16–18
legal doctrines institutionalizing, 7–8
solutions to community issues blocked by, 5–6
Supreme Court interpretation sustaining, 4–10
Legislation
Broomfield’s anti-fracking ordinance (Colorado), 86–87
CELDF’s work on Community Bill of Rights ordinances, 181
corporate influence on elections and, 83–84
Lafayette, Colorado, Climate bill of Rights and Protections ordinance (2017), 147–148
Licking Township Ordinance, 136–137
Midnight Judges Act, 90
Mora County’s anti-fracking ordinance, 39–40
Nottingham Water Rights and Local Self-Government Ordinance, 52–53
Tamaqua government’s ordinance protecting ecosystem, 41–44, 45
Voting Rights Act (1965), 75
Lehigh Coal and Navigation Corporation, 42–43
Lent, Jeremy, 164
“Letter from Birmingham Jail” (King), 183
Letters of marque, 134
Levellers movement (England), 115
Liberating the planet, 40–46
Licking Township Ordinance (2010), 136–137
Linzey, Thomas, 42, 136, 176, 188
Local government
constitutional limitation of commerce governance by, 68–70
Dartmouth private charter decision impact on, 95–96, 102, 105, 108, 110, 122–123, 138–139, 188
Dillon’s Rule on state subordination of, 11
federal preemption of, 8
ideal of direct citizen participation in, 104
international trade agreements preempting legislation by, 118
making it serve the governed, 12–15
state preemption prohibiting law-making by, 8
Supreme Court’s groundwork for privatizing, 90–94
“We wish we could help, but our hands are tied” lament of, 15–16
See also Communities; Government; Municipal corporations
Local regulations
commerce across state borders free of, 49
as substitute for local self-governance, 78–79
Locke, John, 33
M
Madison, James, 3, 59, 61–62, 63, 65, 66, 67, 90, 105, 142, 160, 169, 176
Margil, Mari, 45
Marshall, John, 85, 90, 92, 93, 96, 99, 105, 109, 161
Medicare privatization proposal, 172
Midnight Judges Act, 90
Mifflin, Thomas, 154
Minimum/living wage, 5
Minnesota Sands, 78
Missouri River Rail Road Company, 107
Model Legal Brief for the Elimination of Corporate “Rights” (CELDF), 129
Mora Community Water Rights and Self-Government Act (2913), 39–40
Municipal corporations
Dillon’s Rule limiting authority of, 107–109, 140
examples of recent state enactments subordinating, 110–111
founding of Grand Junction, Colorado as a, 112
Hendrik Hartog on early status and perception of, 106
historic decline of self-government by, 106–109
legal status of, 109–111
opposition to, 104–105
proponents of Dillon’s Rule arguing state authority over, 111
understanding that they are for profit, 111–113
See also Communities; Corporations; Local government
N
National Community Rights Network (CRN), 188, 191
National debt. See Public debt
National Labor Relations Board, 133
Native Americans
burial grounds in Lancaster County, 25
Dartmouth College established in 1769 to help train, 91, 102
Royal Proclamation of 1763 revoking land grants to make peace with, 58–59
Natural Gas Act, 24
Nature
Pittsburgh’s “no fracking” Community Bill of Rights protecting, 44–45
property status under Western law of land, ecosystems, and, 42–43
Tamaqua ordinance protecting land and ecosystems of, 41–44
See also Environment; Water resources
Nestlé Corporation, 52
New Hampshire
efforts to amend the constitution in, 187
New Hampshire Supreme Court’s Dartmouth case decision in, 92, 94
See also Dartmouth v. Woodward case decision
New Jersey Township Act (1798), 104
New Model Army (Cromwell’s army) [England], 115
New World property lines (1493), 30–31, 32
New York Plan (Alexander Hamilton), 61, 66
New York Times, 168–169
New Zealand’s Wanganui River, 45
Newmyer, R. Kent, 91, 92–93, 94–95
NIMBYs (Not in My Back Yarders), 73, 183
Nin-tenths of the law, 82–84
Nineteenth Amendment (US Constitution), 140, 145
Nondisclosure agreements, 87
North American Free Trade Agreement (1789), 69
Nottingham Water Rights and Local Self-Government Ordinance (New Hampshire), 52–53
Novum Organum (Bacon), 31
Nowak, John E., 166
O
Ohio amendment petition, 185–187
Ohio Community Rights Network (CRN), 187
Oligarchy, 170–171
Olivas, John, 39
O’Neil, Tim, 184
Oregon Community Rights Network (CRN), 187–188
P
PA Farm Bureau, 110
Paine, Thomas, 3, 33, 55–58, 62, 85, 109, 127, 151, 175
Paine’sWorks (Fast), 58
The Patterning Instinct (Lent), 164
PennAg, 110
Pennock, Antoinette, 178
Pennock, Daniel, 178
Pennock, Russel, 178
Pennsylvania
ACRE initiative (Act 38), 110
Adorers of the Blood of Christ (Lancaster County) of, 23–26
community rights activities in, 188
Government Study Commission in, 100–101
Grant Township–PGE dispute in, 97–102
Pennsylvania Department of Environmental Protection (DEP) of, 101
Tamaqua ordinance protecting ecosystems in, 41–44, 45
“township of the second class” status in, 97
Pennsylvania Bar Association, 102
Pennsylvania General assembly
colony of Pennsylvania run by the, 47
drafting their 1776 state constitution, 40
Pennsylvania General Energy (PGE), 97–102
Pennsylvania State Association of Township Supervisors (PSATS), 97
Person status of corporations.
See Corporate personhood
description of, 6
distinction between privileged and, 6–7, 33–34
unequal legal protection of privileged vs., 37–39
Philadelphia convention (1787), 60–61, 65, 67, 142, 176
Pinckney, Charles Cotesworth, 62
Pine Ridge Reservation (South Dakota), 114
Pipelines, 6
Pittsburgh’s “no fracking” Community Bill of Rights, 44–45
Planetary emancipation movement, 20–22
Plessy v. Ferguson decision, 124
Plumer, William, 91
Plymouth, New Hampshire declaration (2018), 146–147
Police accountability, 5
Political parities
pandering to ethnic interests and machine politics, 141–142
Political power
American Civil War as watershed moment in ascending, 121–122
Aristotle’s description of the oligarchy vs. democracy, 170–171
Citizens United (2010) decision implications for, 17–18, 19, 122, 124, 188
Pollution
government regulations on, 76
of Pennsylvania drinking resources by fracking, 98
See also Toxic trespass (private poisoning of the public)
Portugal financial bailout, 171
Potomac Company, 59–60
Poverty
English “the terrors” laws criminalizing debt and, 150–151
Precedent
Fort Gratiot Sanitary Landfill decision as, 71
as rule of property, 65
Preemptions
Dartmouth ruling legacy of, 111
floor, 11
law-making, 11
Price, Ben G., 192
Princeton’s History of American Law and Liberty Program, 105
Prison privatization, 6
Prisoner’s rights, 5
Privacy right, 132
“Private actors” status, 76, 82
Private law
comparing public and, 10
contracts falling within realm of, 8–10, 14–15
Dartmouth case decision’s significance for public and, 92–97, 102, 105, 108, 111, 122–123, 138–139, 188
Dillon’s Rule enforced as public law even though, 108–109
how property is created through, 33–37
“Private” surveillance/data mining, 6
Private vote rallying, 5
Privatization
British history of enclosures of the commons or, 51–55, 150
of contract and corporation laws, 9–10
of decisions on rate of environmental destruction, 76
of nature and ecosystems, 42–43
prison, 6
proposed Social Security and Medicare, 172
of public law, 8
school, 5
Thomas Paines’s proposal for remedying enclosures and, 55–58
water, 5
Privileged property
British history of enclosures or privatization creating, 51–55, 150
collecting millions in rent subsidies, 157
community rights movement to liberate, 40–46
distinction between personal and, 6–7, 33–34
global campaign over self-government and power of, 169–170
indenturing the future to the past, 160–161
international consequences of the US, 19–20
“Lancaster Against Pipelines” eminent domain dispute, 23–26
legal doctrines institutionalizing, 7–8
planetary emancipation movement to free us from, 20–22
protected by Supreme Court interpretations, 4–10, 17–18
requires confiscation of value from others, 36–37
slaves as example of, 16–17, 82–83
unequal legal protection of personal vs., 37–39
See also Corporations; Dictatorship of property; Property
Program on Corporations, Law and Democracy, 177
Progressive Era, 78–79
Progressive reform movements (early 1990s), 143–144
Promissory notes for war debt, 153
Propertied class
Aristotle’s description of democracy vs. oligarchy of the, 170–171
ceiling preemption protecting the, 11–12, 14
Constitutional interpretations and legal doctrines protecting, 4–5
corporations as the weapon of the, 134–136
the Federalists as privileged and, 1–4, 16–18
other people’s labor turned into property of the, 84–85
slaves counted as three-fifths of person to protect, 16–17, 82–83, 125, 126
solutions to community issues blocked by legal privilege of, 5–6
three-fifths clause increasing the power of the, 16–17, 82–83, 125, 126
Property
accumulation as not being an unalienable right, 29, 33–34
British history of enclosures or privatization of public, 51–55, 150
the Constitution making public law private, 61–63
creating through the, 33–37
Dorr War (1841–1842) fought over civil rights of men without, 49–51
“Lancaster Against Pipelines” dispute over eminent domain seizure of, 23–26
“legal fiction” of, 6
opposition to “death tax” (inheritance tax) on, 57
Pope Alexander VI’s historic division of global, 30–31
precedent as weaponized rule of, 65
Texas House Bill 2595 prohibiting local
restrictions on economic development of, 110–111
understanding the origin and nature of, 30
See also Dictatorship of property; Land; Privileged property; Slaves
Property lines
“Inter Caetera” papal bull (1493) creating New World, 30–31, 32
understanding the nature of, 30
Property rights
“Lancaster Against Pipelines” dispute over privileged and nonprivileged, 23–26
laws making them more important than civil rights, 82
legal biases against rights of debtors, 8
shorthanded under the color of law, 29–30
US law endowing property with, 66–67
Protect Youngstown community group (Ohio), 13–14
Proudhon, Pierre-Joseph, 7
Public debt
Economic Times report (2012) on defunding domestic programs and services to pay, 171
Hamilton’s plan to generate capital through, 153
Hamilton’s plan to pay Revolutionary War debt through, 152–153
indenturing the future to the past, 160–161
of Portugal, Italy, Irish Republic, and Greece, 171–172
US national debt (2018), 172
See also Debt
Public law
ceiling preemption as privatization of public authority and, 11–12, 14
comparing private and, 10
the Constitution making public law private property, 61–63
contract law as not bound by, 87–88
Dartmouth case decision’s significance for private and, 92–97, 102, 105, 108, 111, 122–123, 138–139, 188
Dillon’s Rule as form of private law enforced as, 108–109
how property is created through, 33–37
Lancaster County’s dispute over eminent domain, 23–26
privatization of, 8
timeline of corporate enhanced Bill of Rights immunities from, 129–132
R
Racial discrimination
Brown v. Board of Education of Topeka prohibition of segregation, 124
Civil Rights Act (1875) banning, 73–74
Civil Rights Cases of 1883 reviewed by Supreme Court, 74–75, 95
declared constitutional in Plessy v. Ferguson segregation decision, 124
Fourteenth Amendment (1886) prohibition of laws protecting, 38, 74
Katzenbach v. McClung (1964) decision on, 73
treated as a component of commerce, 72–76
See also African Americans
Randolph, Edmund, 63
Regulations. See Government regulations; Government regulatory agencies
Rent subsidies, 157
Report on Public Credit (Hamilton), 152
Retail chains, 5
Revolution. See American Revolution
Rhode Island’s Dorr War (1841–1842), 49–51
Richardson, Judge, 94
“Right to Directly Enforce People’s Rights” (Lafayette, Colorado), 147–148
“Right to survive” amendment ballot (Denver, Colorado), 8–9
Rights. See Civil rights; Property rights; Unalienable rights
Robertson, Mic, 136
Roosevelt, Franklin D., 89
Rotunda, Ronald D., 166
Rousseau, Jean-Jacques, 32–33
Royal Proclamation of 1763 (Great Britain), 58–59
Rush, Benjamin, 47
S
Sanborn, Michelle, 187
Sanctuary cities, immigrants’ rights, 5
Santa Clara County v. Southern Pacific Railroad Company decision, 122–124, 131–132, 188
Schiesl, Martin, 144–145
Schmader, Stacey, 176
School privatization, 5
Schuyler, Robert L., 60
Segal, Ronald, 54
Segregation
Brown v. Board of Education of Topeka decision prohibiting, 124
declared constitutional in Plessy v. Ferguson decision, 124
Self-government right
the American Revolution driven by vision of local, 114–118
Benjamin Franklin’s jackass anecdote on, 48, 50
ceiling preemption infringement on, 11–12, 14, 101–102
commerce clause infringing on, 49, 68–73, 82–83
conservative campaign issues that threaten, 145–146
contract clause as tool for taking away community, 89–97
Dorr War (1841–1842) fought over property requirement for, 49–51
global campaign over privilege property rights and, 169–170
government regulations used to deny, 78–79
historic decline of municipal corporations,’ 106–109
international trade agreements preempting local legislation and, 118
Plymouth, New Hampshire declaration (2018) example of, 146–147
See also Democracy; Democratic rights
Should Trees Have Standing? (Stone), 42
Shultz, Stanley K., 112
Slaves
Caribbean colonies’ law defining property status of, 54
Constitutional three-fifths clause making them privileged property, 16–17, 82–83, 125, 126
Thirteenth Amendment prohibition of involuntary servitude or, 34–36, 75, 84–85, 125
transported to British colonies for labor, 54
widespread distribution in American colonies, 126
See also African Americans; Debt slavery; Property
Smith, J. Allen, 66, 78–79, 138–140
Social Security privatization proposal, 172
Sons of Liberty, 127
South African Constitution, 167–168, 169
Southern Pacific Railroad Company. See Santa Clara County v. Southern Pacific Railroad Company decision
Southern Pacific Railroad Company–Santa Clara County tax dispute case, 122–124, 131–132
Sovereignty
American Revolution giving it to the people, 50
ceiling preemption infringing on state and local, 11–12, 14
of chartered corporation, 133–134
constitutional limitation of state and local commerce, 68–70
Spain–Portugal property division (1493), 30–31, 32
“State actors” status, 82, 132
State constitutions
federal preemption of, 8
petition to amend the state of Ohio, 185–187
system of law created by Federalists governing, 1
State government
ceiling preemption by the, 11–12, 14
constitutional limitation of commerce governance by, 68–70
Dillon’s Rule on local subordination by, 11
examples of recent enactments subordinating communities by, 110–111
federal preemption of, 11
making it serve the governed, 12–15
serving the corporate class, 10–12
See also Government
State regulations
commerce across state borders free of, 49
as substitute for local self-governance, 78–79
Story, Joseph, 90–91, 92, 93, 94, 99, 105, 108, 111
Strip mining, 6
Student debt (2018), 160–161
Supreme Court. See US Supreme Court
T
Tamaqua (Schuylkill county, Pennsylvania)
ordinance protecting ecosystems passed in, 41–44, 45
“reclamation” plan to fill strip mines with industrial waste in, 41–42
Taxes
Constitutional tax-free zone for trade and wealth creation, 164–165
“creeping socialism” propaganda to promote cutting, 172
“death tax” (inheritance tax), 57
Santa Clara County v. Southern Pacific Railroad Company decision on, 122–124, 131–132, 188
Whiskey Rebellion (1991) over Hamilton’s proposed, 153–154, 171
Taylor, John, 155
“The terrors” (England), 150
Texas
House Bill 2595 prohibiting local restrictions on economic property development, 110–111
state legislation banning local fracking bans, 110
Thirteenth Amendment (US Constitution), 34–35, 75, 84–85, 125
Three-fifths clause (US Constitution), 16–17, 82–83, 125, 126
Time magazine, 168
Township Act of 1798 (New Jersey), 104
“Township of the second class” (Pennsylvania), 97–102
Toxic trespass (private poisoning of the public)
Daniel Pennock’s death due to exposure to, 178
Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of National Resources on, 71
Grant Township–PGE dispute over, 97–102
local community groups working to stop, 13–15
Plymouth, New Hampshire declaration (2018) protesting, 146–147
privileged interests blocking control of, 6
Tamaqua ordinance protecting ecosystems from, 41–44
Waste Management Holdings, Inc. decision creating dormant commerce clause permitting, 70–72
See also Environment; Pollution
Trump, Donald, 157
Tyler, John, 50
U
UCLA School of Law, 38
UN Guiding Principles on Business and Human Rights (2011), 169–170
Unalienable rights
accumulation of property as not being an, 29, 33–34
Declaration of Independence on self-evident, 3, 21–22, 62–63
“Lancaster Against Pipelines” dispute over justice and interacting, 26–30
New Zealand’s recognition of Wanganui River’s, 45
Tamaqua ordinance protecting ecosystems and their, 41–44, 45
to withdraw presumed privileges of property when needed, 45–46
See also Citizens; Civil rights
Unequal legal protection blocking solutions to community problems, 5–6
Dillon’s Rule promoting, 11, 14, 103–109, 111, 113–114
of personal vs. privileged property, 37–39
See also Corporate personhood
Unequal Protection: How Corporations Became “People”—And How You Can Fight Back (Hartmann), 129
United States
“creeping socialism” propaganda in politics of, 172
European immigration to the, 142–143
history of diminishing returns on democracy for the, 142–145
national debt (2018) of the, 172
“special relationship” between England and, 164
Whiskey Rebellion (1991) in the, 153–154, 171
See also American Revolution
University of Connecticut School of Law, 91
University of Virginia, 168
University of Michigan, 112
Unsustainable energy policies, 6
Urban sewage sludge, 6
US Congress
allowed to declare war by the Constitution, 134
Hamilton’s plan to pay Revolution debt proposed to, 152–153
House of Representations of the, 83, 135, 184
Report on Public Credit (Hamilton) sent to, 152
Senate of the, 121
US Constitution
Articles of Confederation replaced by the, 2, 2–3, 59, 60, 61, 69
commerce clause of the, 49, 68–70, 82–83
contract clause in the, 85–86, 88, 154–155
dictatorship of property protected by judicial interpretation of, 4–10
economic self-interest motivating Federalists authors of, 2–4
emulated by newly emancipated nation-states, 20
establishing tax-free zone for trade and wealth creation, 164–165
how democratic rights have been hijacked by the Supreme Court and, 1–4, 16–18
making public law private property, 61–63
oppressive inequalities culture preserved in the, 19–20
ratified in 1789 by Federalists without a Bill of Rights, 160
seen as a charter, 128–129
South African Constitution compared to, 167–168, 169
studies on the declining influence of, 168–170
three-fifths clause of the, 16–17, 82–83, 125, 126
See also Bill of Rights
US Constitution amendments
First Amendment, 87, 125, 133, 181
Fourth Amendment, 132
Fifth Amendment, 87
Thirteenth Amendment, 34–35, 75, 84–85, 125
Fourteenth Amendment, 38, 74, 122, 123, 124, 126, 131
Fifteenth Amendment, 140
Nineteenth Amendment, 140, 145
US Senate, 121
US Supreme Court
Civil Rights Cases of 1883 reviewed by, 74–75, 95
declaring corporate property to be “persons,” 2, 18, 38, 75, 79–80, 121–126
dictatorship of property protected by interpretation of, 4–10, 17–18
Dillon’s Rule made law of the land by the, 103–108, 140
distinction between public and private corporations, 90
how democratic rights have been hijacked by the, 1–4, 16–18
how wealth provides access to protection of the, 38–39
laying groundwork for privatizing local government, 90–94
Midnight Judges Act reducing number of members of, 90
“private actors” vs. “state actors” distinction of, 76, 82, 132
retooling the contract clause in 1819, 88
See also Federal judiciary
US Supreme Court decisions
Brown v. Board of Education of Topeka, 124
Citizens United v. Federal Elections Commission (2010), 17–18, 19, 122, 124, 188
Dartmouth case, 92–97
Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of National Resources, 71
Investor State Dispute Settlement (ISDS) provisions superseding, 166
Katzenbach v. McClung, 73
Plessy v. Ferguson, 124
Santa Clara County v. Southern Pacific Railroad Company (1886), 122–124, 131, 188
timeline of establishment of corporate personhood through, 129–132
Waste Management Holdings, Inc., 70–72
V
Virginia House of Burgesses’ land grants, 58
Virginia Plan (James Madison), 62, 66
Voting rights
Fifteenth Amendment giving black males, 140
Nineteenth Amendment giving women, 140
Voting Rights Act (1965), 75
W
Wages
Thirteenth Amendment prohibition of involuntary servitude instead of, 34–36, 75, 84–85, 125
“voluntarily” waiving rights to fair compensation of, 35–37
Waite, Morrison R., 123, 131, 132
Wanganui River (New Zealand), 45
War debt
British practice of promissory notes to pay for, 153
Hamilton’s plan to pay Revolutionary, 152–153
Wartime “privateers,” 134
Washington University, 168
Waste Management Holdings, Inc., et al. v. Gilmore, 70–71
Water resources
British history of enclosure or privatization of, 51–55, 150
Nottingham Water Rights and Local Self-Government Ordinance protection of, 52–53
problem of privatization of, 5
See also Environment; Nature
We the Corporations: How American Businesses Won Their Civil Rights (Winkler), 38, 129
Wealth accumulation
American Civil War as watershed moment in, 121–122
claim to ownership of debtor’s future labor for, 85, 151
commerce clause protection of, 49, 68–73, 82–83
Constitutional tax-free zone for trade and, 164–165
Dartmouth case decision victory for, 92–97, 102, 105, 108, 111, 122–123, 138–139, 188
Federalists’ intent to protect, 1–4, 16–18, 19, 29–30, 64–65, 66, 116
how international trade agreements contribute to, 165–167
how it legitimizes aristocracy, 67
“Lancaster Against Pipelines” eminent domain dispute in context of, 23–26
opposition to “death tax” (inheritance tax) of, 57
other people’s labor turned into, 84–85
providing access to protection of Supreme Court, 38–39
usury (high interest rates) creating, 151
Wealth of Nations (Smith), 157–158
Wealthy. See Propertied class
Weaver, James B., 135
Webster, Daniel, 94
What Is Property? (Proudhon), 7
Whiskey Rebellion (1991), 153–154, 171
Wile, Rob, 126
Winona County mining ban (Minnesota), 79–80
Wolff, Edward N., 126
Workers’ rights, 5
World Trade Organization (WTO), 68, 165–166
Y
Yale University, 140
Yates, Robert, 3
York Daily Record (Pennsylvania), 24
Z
Zinn, Howard, 178