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Sovereignty is a big word, but it's an important word. It
means "independent of, and unlimited by, any other; possessing
original and independent authority." Eliot Spitzer , the
Attorney General of New York, has argued in Court that the State
of New York does not have to comply with the Americans with Disabilities
Act because the State of New York has "sovereign immunity"
under the Eleventh Amendment to the U.S. Constitution. In other
words, New York State's actions as an employer or as a provider
of public accommodations are "independent of and unlimited
by" the federal law that prohibits discrimination based
on disability. Garcia v. S.U.N.Y.Health Sciences Ctr. of Brooklyn,
280 F.3d 98, (2d Cir., 2001) I, as an attorney advocate for the
disabled, find this use of "sovereignty" contrary to
the interests of the People of the State of New York. It is ironic
that We the People are losing sovereignty (possessing original
and independent authority) over corporate trade through so-called
"free trade" agreements like NAFTA, GATT and the WTO
[North American "Free" Trade Agreement, General Agreement
of Tariffs and Trade, World Trade Organization], but our Attorney
uses "sovereignty" to say New York State does not have
to give its citizens and its employees rights under the Americans
with Disabilities Act.
Under these trade agreements, We the People cannot insist
that our government not do business with torturers in Burma because
the WTO has said that is "a restraint on trade". Trade
agreements prevent We the People from prohibiting the importation
of foods from Mexico that have been sprayed with chemicals which
are banned in this country. Trade Agreements prohibit We the
People from giving preferences to New York State businesses over
multinational corporations. Our sovereignty has been given away
by the Democrats and Republicans but our Attorney General claims
sovereignty against us.
Corporations are not "people", although they have
manipulated our Courts to declare them "Persons" with
rights of free speech, protections from search and seizure, and
other rights that were originally meant only for real people.
A corporation is a legal fiction which was originally created
to help people organize for a specific purpose. Now they have
gained rights which go beyond the rights of people. They have
become Sovereign.
But it is not too late. We can take back our power over corporations
if we take back democratic power. It won't be easy. The corporations
own the televisions networks, the newspapers, and the present
government. But we have the VOTE. If we exercise it by voting
for the Green Party, we can start the process of regaining our
sovereignty. Vote for a change, Vote for a difference. Vote Green.
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