It finally happened. After twenty-two attempts between the 117th and the 118th Congress, and a short ratification process, the US Constitution finally has a Twenty-Eight Amendment. For the first time, more than two million corporations with headquarters within America’s borders have citizenship rights, including the right to vote. Despite widespread opposition from Democrats and independent progressives, thirty-eight states ratified the amendment in record time, 72 days. The Twenty-Sixth Amendment — the one lowering the national voting age from 21 to 18 — had held the previous record of 100 days, as three-fourths of the states had ratified it in 1971.
President Michael Bloomberg signed the bill this morning in a well-attended Rose Garden ceremony. With such luminaries as Mark Cuban, Bill Gates and David Koch present, the President said, “This is a great victory of American democracy, ensuring its preservation for future generations.” House Speaker Paul Ryan (R-WI), also present at the ceremony, said, “The American people finally have a democracy that represents us all, one that will stabilize our government and our economic way of life.”
What President Bloomberg and Speaker Ryan didn’t say was that this was the most expensive constitutional amendment campaign in the nation’s history. The Walton family, the Koch Brothers and NBC Universal Comcast-Time-Warner alone spent almost $1 billion in saturating the Internet and airwaves with ads in support of the amendment between mid April and the end of June, according to the Toronto Star. Independent watchdog groups, including the United Nations Department of Political Affairs, put the total amount at $2.2 billion, with much of the money going directly to state legislatures and much-needed infrastructural projects.
“When governments can only operate at the behest of corporations, you no longer have a democracy, you have a plutocracy,” UN spokesperson Malala Yousafzai said at a press conference in New York this afternoon. “Only twenty percent of the US electorate participated in the ratification process,” Yousafzai said, corresponding roughly to the demographics of America’s rich and middle classes.
That this came on the same day as the 60th anniversary of President Lyndon B. Johnson’s signing of the Civil Rights Act of 1964 was not lost on America’s public intelligentsia. “This is a shame that the America republic will have to live with for years to come — if there’s an American republic in the future,” Melissa Harris-Perry said in an interview on CBC Radio in Toronto.
This expansion of American democracy comes on the heels of a landmark US Supreme Court decision. Last week, in a 5-4 ruling, the majority decided PETA v. US in favor of the plaintiff, saying that for the first time, “dogs have a constitutional standing on par with persons.” Justice Samuel Alito wrote the court’s majority opinion, and Justice Clarence Thomas wrote a concurring opinion. What made the PETA decision truly historic was that Justice Thomas explained the court’s decision. “We have found, with the help of significant scientific evidence, that dogs are sentient beings, and thus, deserving of the same civil rights that we have all enjoyed in this country for decades. Although dogs today have not been granted the power of the ballot box, they, like my generation of black men and women, have come a long way in their fight for civil rights,” Justice Thomas said.
The PETA decision overturned a lower court ruling, throwing out the case on the grounds that dogs aren’t human beings. PETA fought the lower court’s ruling based on the Burwell v. Hobby Lobby Stores, Inc. (2014) decision, where the Supreme Court had ruled that a corporate, non-living entity had personhood status because it represented people’s interests and values. This earlier ruling provided an opportunity for PETA to bring in scientific evidence that could elevate the status of dogs as a living entity representing people’s interests and values.
“Dogs everywhere will celebrate this victory, along with their caregivers,” Ingrid Newkirk, founder and president of PETA said last week from her home outside Norfolk, Virginia. “It is our hope that these personhood rights will protect dogs from abuse and neglect for now and for the future, giving them the same rights as a living human being,” Newkirk added. It helped that the Leona Helmsley Charitable Trust covered the estimated $20 million in legal fees and scientific studies for the PETA claim.
Former US Solicitor General Kamala Harris, who had presented the government’s case to the Supreme Court last December, said after last week’s decision, “with this court making a dog a person, this court has made a mockery of American jurisprudence for all time. What about the rights of racial minorities to a fair trial, of women to reproductive choice, of ordinary Americans to a living wage?” Harris resigned on Friday, June 28, just hours after the PETA ruling. President Bloomberg declined comment on Harris’ resignation.
Georgetown University professor Michael Eric Dyson expressed the feelings of many Americans in opposition when he said, “The Star-Spangled Banner should be rewritten. It should be, ‘O say does that star-spangled banner yet wave, with corporations’ roaming free, and dogs over descendants of slaves!’”