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HomeHomeSurf Fishing Fl...Surf Fishing Fl...General Discusi...General Discusi...The Futrue of our FishingThe Futrue of our Fishing
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6/6/2010 12:11 PM
 

Here is a link to a old video that may have new meaning to you. I know I never thought that something like this could happen to my fishing grounds. 

www.facebook.com/video/video.php

We have to do something. We can not allow these corporations to control our furtures.   I heard today that only the the big oil companys have the equipment to inspect these deep water wells, so they have been doing the only inspections.  DUH,,,,,,,,,," WEll I say , I say there Mr Fox,,,,, we been having some problems  with the security equipment on tthe fence around the chichen coop.   Since we can't inspect it,,, recond you could?""

Here the transscript of the video

TRANSCRIPT OF VIDEO:

I am a survivor and witness of the Exxon Valdez oil spill. It happened in my backyard, Prince William Sound, Alaska.

We have been in a lawsuit now for nearly two decades, and Exxon has managed to drag this out while it has managed to increase its profits to, basically, obscene levels: over $40 billion in net profits now. How did things get this bad?

The conclusion that I came to in Not One Drop is that we need the 28th Amendment to the United States Constitution: the separation of corporation and state.

Starting in 1886, judges started recognizing corporations had rights accorded to people. The first one was the 14th Amendment. And nowhere in the Constitution, nowhere in the Bill of Rights, do we find the word "corporation." This is totally judicial fiat. What this has done is allow a consolidation of wealth and power to the corporations that now threatens to destroy the republic. We want separated church and state—we now need to separate corporation and state.

On March 24, 1989—which is when [the] Exxon [Valdez] grounded and spilled 11–38 million gallons of oil in Prince William Sound, I was commercial fishing. I held a commercial fishing permit, and I fished salmon. I also held a Masters and a PhD in marine toxicology. Exxon came to Cordova, Alaska, stood in our high school gym, and promised us, "We will make you whole." Instead, Exxon worked behind the scenes to eliminate thousands of business claims. Exxon threw an army of attorneys at this case. And it's not just the Exxons of the world, it's any of these big transnational corporations have the ability, because of their wealth and power, to completely overwhelm small communities that get in their way.

If we had had the 28th Amendment to the Constitution, Exxon would not have been able to use the 5th Amendment and the 7th Amendment.

The 7th Amendment is that facts tried by a jury cannot be undermined or revisited by higher courts. So in this case, a jury of peers, ordinary people, determined that the price that Exxon had to pay was one year's net profit. Exxon challenged the amount, and also that punitive damages should be held at all.

Exxon also used, in a related lawsuit, the 5th Amendment. The 5th Amendment is a takings—takings of property. After the Exxon Valdez oil spill, there was a federal law passed (the Oil Pollution Act of 1990) that essentially banned the Exxon Valdez from Prince William Sound. It banned any tanker that has spilled over a million gallons from transporting oil in Prince William Sound. Exxon said, that is a takings of our future profit: that's illegal under the 5th Amendment. If Exxon was not a person, Exxon would not have been able to apply the 5th Amendment.

Five years after the Exxon Valdez ran aground, we had our hearing, and the jury awarded us—the fishermen, the natives—$5 billion in punitive damages and $287 million in compensatory damages. Exxon appealed that $5 billion for over fourteen years, and ultimately, the Ninth Circuit Court of Appeals finally threw its hands in the air and cut the 5 billion in half. The Supreme Court, in June of 2008, slashed the $2.5 billion to $507 million.

If we're planning on passing a livable planet onto future generations, the democracy debate needs to be entwined with the sustainable future debate, and I believe now that the best way to do that is to pass the 28th Amendment to the Constitution—separation of corporation and state—and strip corporations of their personhood

 

 


Leave it better than you found it!

W T McLennan (aka toejam)
wt@TorquedFishing.com
256-776-4273

 
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6/6/2010 5:25 PM
 

 

 

Oh the irony

 

 
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6/6/2010 6:34 PM
 
 
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6/6/2010 8:42 PM
 
 
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6/6/2010 9:29 PM
 

This whole thing makes me sick, there was no need of this happening . Let's hope something goes right soon and they can clean up this mess they have made.

 
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