Friday, April 09, 2010

Mumia Speaks: When There Is No Precedent


When There Is No Precedent
[col. writ. 3/28/10] (c) '10 Mumia Abu-Jamal

    Few Supreme Court cases have evoked the sentiments unleashed by the Citizens United decision. Not since Bush v. Gore, have we seen so clearly that politics decides cases ~ not law.
     The  Citizens United case, which granted First Amendment rights to corporations, did far more than simply decide that corporations have free speech rights ( a right, incidentally, that they've exercised in billions of ads and commercials for nearly a century).  Citizens United abolished all limits that corporations may spend to support the candidates of their choosing.
    What makes it a certainty that politics played the primary role, and not law, is the simple truth that the 'precedent' cited by the court as the basis for its decision isn't precedent at all.

    The Supreme Court traces its ideas that corporations are persons back to an 1886 case, Santa Clara City, v Southern Pacific Railroad.  There's only one problem with that precedent.
    It doesn't say what the court claims it says.
    Don't take my word for it.  Read Santa Clara City v Southern Pac. R. Co., [6S. ct.1132] (1886).  In it, you'll find no discussion about a corporation having the rights of people, and certainly no legal holding to that effect.
    The reason is simple. It's not there.
     In the United States (U.S.) produced copy of the case, you'll find what's called Head notes which make reference to that idea, but the Head notes are produced by the court reporter, not any judges of the court.
    Yet, it has been cited as precedent for the source of corporate personhood for nearly 125 years ~ and thanks to Citizens United, might be cited for 100 years more.
    I've written about this 1886 case in my book, Jailhouse Lawyers, but it's been so long since I wrote it that I just to check it again.
     So, I did so.
    I ordered and read Santa Clara.  It's not there.
    Indeed, because the Supreme Court (S. Ct.) reporter is privately published. They write their own Head notes.  Isn't not even found in the Head notes!
    What's that say about the laws decided by the Court?
    They write what they want.
    Period.
--(c) '10 maj
 ======================
The Power of Truth is Final -- Free Mumia!


URGENT Need for Petition Signatures at: http://www.iacenter.org/mumiapetition/


Audio of most of Mumia's essays are at: http://www.prisonradio.org


Mumia's got a podcast! Mumia Abu-Jamal's Radio Essays - Subscribe at the website or on iTunes and get Mumia's radio commentaries online.


Mumia Abu-Jamal's new book -- JAILHOUSE LAWYERS: PRISONERS DEFENDING PRISONERS V. THE USA, featuring an introduction by Angela Y. Davis -- has been released! It is available from City Lights Books: http://www.citylights.com/book/?GCOI=87286100448090

If you are planning to organize an event or would like to order in bulk, you can also receive a 45% discount on any bulk orders of 20 copies or more. The book retails for $16.95, for orders of 20 copies or more the discounted price would be $9.32 per book, plus shipping and handling. Prepayment would be required and books are nonreturnable. If you or your organization would like to place a bulk order, please contact Stacey Lewis at 415.362.1901 or stacey@citylights.com

Let's use the opportunity of the publication of this brilliant, moving, vintage Mumia book to build the momentum for his case, to raise the money we desperately need in these challenging economic times, to get the word out – to produce literature, flyers, posters, videos, DVD's; to send organizers out to help build new chapters and strengthen old ones, TO GET THE PEOPLE OUT IN THE STREETS … all the work that we must do in order to FREE MUMIA as he faces LIFE IN PRISON WITHOUT PAROLE OR EXECUTION!
Please make a contribution to help free Mumia. Donations to the grassroots work will go to both INTERNATIONAL CONCERNED FAMILY AND FRIENDS OF MUMIA ABU-JAMAL and the FREE MUMIA ABU-JAMAL COALITION (NYC).

Please mail donations/ checks to:
FREE MUMIA ABU JAMAL COALITION
PO BOX 16, NEW YORK,
NY 10030
(CHECKS FOR BOTH ORGANIZATIONS PAYABLE TO: FMAJC/IFCO)
FOR MORE INFORMATION CONTACT:
215 476-8812
212-330-8029
Send our brotha some LOVE and LIGHT at:


Mumia Abu-Jamal
AM 8335
SCI-Greene
175 Progress Drive
Waynesburg, PA 15370

WE WHO BELIEVE IN FREEDOM CAN *NOT* REST!!

Subscribe ICFFMAJ email updates list by e-mailing

No comments: