The Danger is Real as the Potentially Unconstitutional FOXCONN “Corporate Person” is Granted Superior Rights to the Natural Person by Legislative Decree

h/t JT Irregulars

“Fallone: Foxconn deal tips scales of justice in Wisconsin”

“Our system of justice rests upon two pillars: equal treatment and independent judgment.  Every person who appears before our state courts expects to be treated equally to every other litigant.  In addition, all parties to a lawsuit expect to have their cases heard by judges who are free to exercise their own independent judgment.  Recently, the state Legislature and Gov. Scott Walker approved legislation — a $3 billion package luring Foxconn Technology Group to build a flat-screen TV factory in Racine County — that seriously undermines these two fundamental principles.

“The principle of equal treatment commands that the same rules should apply to all parties appearing before the court.  No one should receive special status.  It is true that the two sides in a case might not be evenly matched, and that one might have more financial resources or a more skilled legal team.  But, even then, both parties in the case should be subject to the same set of laws and procedures and have the same opportunity to argue that the law supports their claim.

“The Foxconn legislation creates special treatment for Foxconn whenever the corporation is sued in Wisconsin courts.  The law forces the Wisconsin Supreme Court to directly take appeals involving ‘Electronics and Information Technology Manufacturing Zones’ (EITM) from the circuit courts. By law there is only one such zone, and that zone is soon to be home to Foxconn. Typically, the high court would hear appeals at its discretion, and then only after the case was heard by an intermediate court.

“The reason for placing cases involving Foxconn on a ‘fast-track’ to the Wisconsin Supreme Court should be obvious.  That Court has a majority of Justices who were elected with the financial support of Wisconsin’s largest trade and manufacturing lobbyists.  The drafters of the legislation expect these justices to be sympathetic to the concerns of manufacturers such as Foxconn.

Read more: http://www.jsonline.com/story/opinion/contributors/2017/11/06/foxconn-deal-tips-scales-justice-wisconsin/838140001/

From the Journal/Sentinel:

MADISON – GOP lawmakers and Gov. Scott Walker may have gone too far in dictating how courts should handle any potential litigation over a massive flat-screen factory planned for Racine County, the Legislature’s nonpartisan attorneys have found.

The memo from the Wisconsin Legislative Council didn’t come to definite conclusions but found several provisions of the legislation for Foxconn Technology Group of Taiwan and its plant may be unconstitutional.

The provisions could give opponents of the Foxconn deal more lines of attack in litigation — and potentially drive up the cost to taxpayers for defending the state in court.

The law signed by Walker on Monday changes how environmental challenges and other potential legal cases over the factory would be handled, including automatically suspending any lower court orders until a higher court has weighed in.

The eight-page analysis highlights this provision among the areas of concern, saying the decision on whether to suspend rulings could be seen as a core power of the court system.

“A court could hold that the provision is unconstitutional if it finds that this provision violates the judiciary’s independence in the fulfillment of its constitutional responsibilities,” the memo reads.

The text of the entire Memo from the Wisconsin Legislative Council may be accessed by clicking on the link below:

foxconn_legcouncil

Below is a screen shot taken from page 1 (of 8) from the above referenced Memo.

Foxconn represents a Corporate special interest which will be granted, via legislative decree, special rights superior to those of the natural person and is not a good fit for Mount Pleasant Residents, the environment, taxpayers, or Wisconsin.

Just say NO to Foxconn  along with heavy metals water pollution, slave labor wages, excessive taxpayer funded subsidies, loss of Farm Land & Green Space, Corporate Greed, Special Rights, and Politician Overreach!

Don’t let this happen to MTP!

I went back to Ohio
But my pretty countryside
Had been paved down the middle
By a government that had no pride
The farms of Ohio
Had been replaced by shopping malls
And Muzak filled the air
From Seneca to Cuyahoga falls
Said, a, o, oh way to go Ohio

2 thoughts on “The Danger is Real as the Potentially Unconstitutional FOXCONN “Corporate Person” is Granted Superior Rights to the Natural Person by Legislative Decree

  1. Lynn Gwyst

    This is what happens when a community is plunged into economic despair. It will eagerly sell it’s soul along with the adjacent environmental assets (which it does not truly own) for some nebulous promise of prosperity. These transactions rarely (if ever) bring what has been promised and lead instead to deeper despair aggravated by degradation of the landscape and natural surroundings, which have been cynically labeled as marketable commodities. “Farewell’ was once given as a wish for good things to a departing companion, but now more accurately speaks to a sense of loss of their presence. Farewell, Mount Pleasant.

    Like

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