Ordinances and Constitutional Amendments : Connecticut

Ordinances and Constitutional Amendments : Connecticut

AN ORDINANCE BY THE BOROUGH/CITY/TOWN OF __________, __________ COUNTY, CONNECTICUT ELIMINATING CONSTITUTIONAL PRIVILEGES FROM CORPORATIONS DOING BUSINESS WITHIN THE BOROUGH/CITY/TOWN

Section 1. Name. The name of this Ordinance shall be the "Corporate Privilege Elimination and Democracy Protection Ordinance."

Section 2. Authority. This Ordinance is adopted and enacted pursuant to the authority granted to the Borough/City/Town by all relevant state and federal laws, including, but not limited to, the following:

The general authority granted by the Constitution of Connecticut and the Municipalities Code to make and adopt all such ordinances, bylaws, rules, and regulations as may be deemed expedient or necessary for the proper management, care, and control of the Borough/City/Town and its finances and the maintenance of the health, safety, peace, good government, and welfare of the Borough/City/Town.

The Constitution of Connecticut of 1965, Art. 1, 2, which provides that all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.

Connecticut General Statutes, Tit. 7, Municipalities, 7-148(c)(7)(E), which empowers all municipalities to define, prohibit, and abate within the municipality all nuisances and causes thereof, and all things detrimental to the health, morals, safety, convenience, and welfare of its inhabitants.

Connecticut General Statutes, Tit. 7, Municipalities, 7-148(c)(7)(H)(ii), which empowers all municipalities to regulate and prohibit the carrying on within the municipality of any trade, manufacture, business, or profession that is, or may be, so carried on as to become prejudicial to public health, conducive to fraud or cheating, or dangerous to, or constituting an unreasonable annoyance to, those living or owning property in the vicinity.

Connecticut General Statutes, Tit. 7, Municipalities, 7-148(c)(7)(H)(viii), which empowers all municipalities to preserve the public peace and good order.

Connecticut General Statutes, Tit. 7, Municipalities, 7-148(c)(7)(H)(xi), which empowers all municipalities to provide for the health of the inhabitants of the municipality and do all things necessary or desirable to secure and promote the public health.

Connecticut General Statutes, Tit. 7, Municipalities, 7-148(c)(7)(H)(xiii), which empowers all municipalities to protect or promote the peace, safety, good government, and welfare of the municipality and its inhabitants.

Connecticut General Statutes, Tit. 7, Municipalities, 7-148(c)(8), which empowers all municipalities to provide for the protection and improvement of the environment.

Section 3. General Purpose. The general purpose of this Ordinance is to recognize that:

(1) A corporation is a legal fiction that is created by the express permission of the people of this Borough/City/Town as citizens of this State;

(2) Interpretation of the U.S. Constitution by Supreme Court justices to include corporations in the term "persons" has long wrought havoc with our democratic process by endowing corporations with constitutional privileges originally intended solely to protect the citizens of the United States;

(3) This judicial bestowal of civil and political rights upon corporations interferes with the administration of laws within this Borough/City/Town and usurps basic human and constitutional rights exercised by citizens of this Borough/City/Town;

(4) The judicial designation of corporations as "persons" grants corporations the power to sue municipal governments for adopting laws that violate the claimed constitutional rights of corporations;

(5) The judicial designation of corporations as "persons" requires that municipal governments recognize the corporation as a legitimate participant in public hearings, zoning hearing board appeals, and other governmental matters before the municipality;

(6) The judicial designation of corporations as "persons" grants corporations unfettered access to local elections and First Amendment rights that enable corporations to control public debate on and discussion about important issues;

(7) By virtue of the wealth possessed by corporations, buttressed by these protections of law, corporations enjoy constitutional privileges to an extent beyond the reach of most citizens;

(8) When the Connecticut legislature knowingly authorizes corporations to do business in this State under the current framework of legal protections, the legislature enables corporations to wield their constitutional privileges to interfere with democratic governance within this Borough/City/Town;

(9) Democracy means government by the people. Only citizens of this Borough/City/Town should be able to participate in the democratic process in the Borough/City/Town and enjoy a republican form of government;

(10) Interference by corporations in the democratic process usurps the rights of citizens to participate in the democratic process in the Borough/City/Town and enjoy a republican form of government;

(11) The ability of citizens of this Borough/City/Town to establish rules to protect the health, safety, and welfare of Borough/City/Town residents has been diminished by the exercise of constitutional privileges by corporations.

Section 4. Specific Purpose. The specific purpose of this Ordinance is to eliminate the purported constitutional rights of corporations in order to remedy the harms that corporations cause to the citizens of the Borough/City/Town by exercise of such rights.

Section 5. Statement of Law. Corporations shall not be considered to be "persons" protected by the Constitution of the United States or the Constitution of the State of Connecticut within the Borough/City/Town of __________.

Section 6. Severability. The provisions of this Ordinance are severable. If any section, clause, sentence, part, or provision of the Ordinance shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of this Ordinance. It is hereby declared to be the intent of the Borough/City/Town that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part, or provision had not been included herein.

Section 7. Effective Date. This Ordinance shall be effective immediately upon passage or as soon thereafter as permitted by law.

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