ESRA: Constitutional Amendments to preserve democracy & require corporate environmental responsibility--& conf. follow-u

So here is the strategy: we will be working on 2 amendments to the constitution, one narrowly constructed to address overturning the recent Supreme court decision and the other a broader amendment that is aimed at educating the public about the need for corporate Environmental and Social Responsibility (hence the ESRA) and this second one will not pass but will be a way of articulating some parts of our vision for a society that could actually survive the 21st century. The versions under consideration below are not final versions--that will happen after we get your feedback at our June conference. Meanwhile, you are invited to add your own specific language and versions of either the narrow or broad amendment, which we will happily consider.

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Responding to the Supreme Court's "Citizens United" decision

It was generally agreed at the Feb.2010 Tikkun/Network of Spiritual Progressives’  conference in San Francisco that NSP should endorse any legislative approaches that could be taken to offset the destructive impact of the Supreme Court's decision to consider corporations to be "persons" and hence protected by the 14th Amendment, and to consider spending of money in elections to be "speech" that would then be protected under the First Amendment. Reversing this decision is a high priority for all who wish to build a society based on spiritual principles of caring and generosity, since corporations necessarily have a different “bottom line” requiring them to maximize financial returns for their investors.  It was also understood that any legislation passed by Congress would likely have only short-term advantages,  because the Supreme Court might well block any such legislation as unconstitutional for the same reason that it has now struck down other attempts to restrain corporate power in the electoral arena provided by the McCain-Feingold legislation. 

There was considerable sentiment at the SF conference that a short and narrowly constructed amendment to the Constitution might have more chance of passage, and hence that the NSP should join with other national organizations in the effort to get such an amendment passed.

There was also widespread excitement about the idea of using this historical moment to bring into national discourse the notion that democracy-loving Americans need more severe constraints on corporate power which had reached toxic levels even before the Supreme Court’s unfortunate “Citizen’s United” decision. So,  we have concluded that we need a three part strategy: a. endorse legislation to overturn Citizen’s United decision of the Supreme Court  b. support whatever campaign develops for a short and narrowly constructed Amendment to the Constitution that would permanently overturn the notion that corporations should have the same rights in the electoral arena that American citizens have; and c. construct and launch a public education campaign for a much broader Amendment which would include b. but would also specify and require other elements of corporate ethical and environmental social responsibility.

ESRA: Environmental and Social Responsibility Amendment to the US Constitution Email Article To a Friend View Printable Version 

Please circulate and seek endorsements by your local city council, religious, civic and professional organizations, political parties, and your State Legislature and U.S. Congressional and Senatorial representatives.

(ESRA): The Environmental and Social Responsibility Amendment to the U.S. Constitution 
(As proposed by Rabbi Michael Lerner and Peter Gabel and advanced through the work of The Network of Spiritual Progressives www.spiritualprogressives.org)

The intent of the framers of this Amendment is to:

a. Protect the planet and its inhabitants from environmentally destructive  economic arrangements and behavior, and to increase environmental responsibility on the part of all corporations and government bodies.

b. Increase U.S. citizens’ democratic control over American economic and political institutions and ensure that all people, regardless of income, have the same electoral clout and power to shape policies and programs.

c. Promote the well-being of citizens of the United States by recognizing that our well-being depends on the well-being of the planet and all its inhabitants, which in turn requires an end to poverty, wars, and violence, and the rise of a new global ethic of genuine caring and mutual interdependence.


Article One: The Pro-Democracy Clause


A. The First & Fourteenth Amendment to the U.S. Constitution shall apply only to human beings, and not corporations, limited liability associations, and other artificial entities created by the laws of the United States.

B. Money or other currency shall not be considered a form of speech within the meaning of the First Amendment to the Constitution, and its expenditure is subject to regulation by the Congress and by the legislatures of the several States.

C. Congress shall regulate the amount of money used to disseminate ideas or shape public opinion in any federal election in order to assure that all major points of view regarding issues and candidates receive equal exposure to the greatest extent possible. Congress shall fund all major candidates for the House, Senate and Presidency in all major elections and in primaries for the nomination for president of major parties (those which have obtained at least 5% of the vote in the last election for president).  

D. In the three months prior to any election for a federal position, all media or any other means of mass communication reaching more than 300,000 people shall provide equal time to all major presidential candidates to present their views for at least an hour at least once a week, and equal time once every two weeks for congressional candidates during that media agency’s prime time. The candidates shall determine the form and content of that communication. Print media reaching more than 300,000 people shall provide equal space in the news, editorial, or  most frequently read section of the newspaper or magazine or blog site or other means of communications which may be developed in the future. During the three months prior to an election, no candidate, no political party, and no organization seeking to influence public policy may buy time in any media or form of mass communication or any other form of mass advertising including on the Internet. Major candidates shall be defined as:

a. those who have at least 5% of support as judged by the average of at least ten independent polling firms, at least two of which are selected by the candidates deemed "not major," 3 months before any given election,

b. or any candidate who can collect the signatures of 5% of the number of people who voted in the election for that office the last time that office was contested in an election. These petitions can only be signed by people eligible to vote in the relevant electoral districts. Every state shall develop similar provisions aimed at allowing candidates for the governor and state legislatures to be freed from their dependence on wealthy donors or corporations.


Article Two: Corporate Environmental and Social Responsibility


A. Every citizen of the United States and every organization chartered by the U.S. or any of its several states  shall have a responsibility to promote the ethical, environmental, and social well-being of all life on the planet Earth and on any other planet or in Space with which humans come into contact.

  This being so, corporations chartered by the Congress and by the several States shall demonstrate the ethical, environmental, and social impact of their proposed activities at the time they seek permission to operate.

In addition, any corporation with gross receipts in excess of $100 million shall obtain a new corporate charter every five years, and this charter shall be granted only if the corporation can prove a satisfactory history of environmental, social, and ethical responsibility to a grand jury of ordinary citizens chosen at random from the voting rolls of the community in which the primary activities of the corporation take place, or, if there is dispute between stakeholders and the corporation on where those primary activities take place, then in Washington, D.C.

Factors to be considered by the grand jury in determining whether a corporation will be granted a charter shall include but not be limited to:


1. The degree to which the products produced or services provided are beneficial rather than destructive to the planet and its oceans, forests, water supplies, land, and air, and the degree to which its decisions help ensure that the resources of the earth are available to future generations.


2. The degree to which it pays a living wage to all its employees and the employees of any contractors with which it does business either in the US or abroad, and arranges its pay scale such that none of its employees or contractors or members of its board of directors or officers of the corporation earn (in direct and indirect benefits combined) more than ten times the wages of its lowest full-time wage earners; the degree to which it provides equal benefits including health care, child care, retirement pensions, sick pay, and vacation time to all employees; and the degree to which its employees enjoy satisfactory safety and health conditions; and the degree to which it regularly adopts and uses indicators of its productivity and success which include factors regarding human well-being, satisfaction and participation in work, and involvement in community service by its employees and members of its top management and board of directors;


3. The degree to which it supports the needs of the communities in which it operates and in which its employees live, including the degree to which it resists the temptation to move assets or jobs to other locations where it can pay workers less or provide weaker environmental and worker protections.
4. The degree to which it encourages significant democratic participation by all its employees in corporate decision making; the degree to which it discloses to its employees and investors and the public its economic situation, the factors shaping its past decisions, and its attempts to influence public discourse,  and the degree to which it follows democratic procedures internally


5. The degree to which it treats its employees, its customers, and the people and communities in which it operates with adequate respect and genuine caring for their well-being, and rewards its employees to the extent that they engage in behaviors that manifest genuine caring, respect, kindness, generosity, and ethical and environmentally sensitive practices.


6. The degree to which its investment decisions enhance and promote the economic, social, and ethical welfare and physical & mental health and well-being of the communities in which its products may be produced, sold, or advertised and/or the communities from which it draws raw materials.

7. When assessing the environmental and social responsibility of banks, stock markets, investment firms and other corporations whose activities include the lending or investing of monies, in addition to the issues 1-6 above, the jury should also consider: the degree to which the financial institutions direct the flow of money to socially and/or envrionmentally useful activities, including non-profits serving the most disadvantaged of the society and including the financing of local business cooperatives and local community banks and to support low-income and middle income housing with affordable mortgages, rather than directing the money to speculators in finance, real estate, or other commercial activities; the degree to which it forgives loans previously given to poverty stricken countries; the degree to which it engages in misleading advertising or hides the costs of its services in small print or engages in aggressive marketing of monies for loans or preys on the most economically vulnerable; the degree to which it offers no-interest loans to those with incomes below the mean average income in the society; and the degree to which it seeks to fund directly socially useful projects and small businesses.

In making these determinations, the jury shall solicit testimony from the corporation's board of directors, from its employees, and from its stakeholders (those whose lives have been impacted by the operations of the corporation) around the US and around the world. The U.S. government shall supply funds to provide adequate means for the jury to do its investigations, to hire staff to do relevant investigations,  and to compensate jurors at a level comparable to the mean average of income in the region in which the deliberations of the jury takes place, or at the level of their current income, whichever is higher.

If the grand jury is not satisfied with the level of environmental, social, and ethical responsibility, it may put the corporation on probation and prescribe specific changes needed. If after three more years the jury is not satisfied that those changes have been adequately implemented, the jury may assign control of the board and officers of the corporation to non-management employees of the corporation and/or to its public stakeholders and/or to another group of potential corporate directors and managers who seem most likely to successfully implement the changes required by the jury, but with the condition that this new board must immediately implement the changes called for by the jury within two years time, or else the jury can reassign control of the corporation to another group of potential board members.

B Any government office or project receiving government funds that seeks to engage ln a contract (with any other corporation or limited liability entity) involving the expenditure of over $100,000 (adjusted annually for inflation) shall require that those who apply to fulfill that contract submit an Environmental and Social Responsibility Impact Report to assess the applicant’s corporate behavior in regard to the factors listed above in point A of Article II. Community stakeholders and non-supervisory employees may also submit their own assessment by filling out the Environment and Social Responsibility Impact Report. Contracts shall be rewarded to the applicant with the best record of environmental and social responsibility that can also satisfactorily fulfill the other terms of the contract.

Article Three: The Positive Requirement to Enhance Human Community and Environmental Sustainability


A. Earth being the natural and sacred home of all its peoples, Congress shall develop legislation to enhance the environmental sustainability of human communities and the planet Earth, and shall present a report annually to the American people on progress made during the previous year in ameliorating any conditions deemed by an independent group of scientists to be adverse to the planet’s long-term environmental welfare. The objectives of such legislation shall include but not be limited to alleviating global warming, reducing all forms of pollution, restoring the ecological  balance of the oceans, and assuring the well-being of all forests and animal life. The President of the United States shall have the obligation to enforce such legislation and to develop executive policies to assure the carrying out of its objectives.


B. In order to prepare the people of the United States to live as environmentally and socially responsible citizens of the world, and to recognize that our own well being as citizens of the United States depends upon the well being of everyone else on Earth and the well being of this planet itself, every educational institution receiving federal funds whether directly or through the several states, shall provide education in reading, writing and basic arithmetic, and appropriate instruction including at least one required course for all its students per year per grade level from kindergarten through 12th grade, and in any college receiving funding or financial aid or loan guarantees for its students, in:

1. the skills and capacities necessary to develop a caring society manifesting love, generosity, kindness, caring for each other and for the earth, joy, rational and scientific thinking, non-violence, celebration, thanksgiving, forgiveness, humility, compassion,  ethical and ecological sensivity, appreciation of humanity’s rich multicultural heritage as expressed in literature, art, music, religion,  and philosophy, non-violence in action and speech, skills for democratic participation including skills in how to change the opinions of fellow citizens or influence their thinking in ways that are respectful of differences and tolerant of disagreements, and how to organize fellow citizens for non-violent political action and engagement in support of causes not-yet-popular; and in

2. the appropriate scientific, ethical, and behavioral knowledge and skills required to assure the long term environmental sustainability of the planet Earth, and to do so in ways that enhance the well being of everyone on the planet.

Congress shall provide funding for such courses in all the educational institutions receiving public funds or loans or loan guarantees for students, and shall provide funding for similar courses to be made available to the non-student populations in each state.

All such courses must teach caring not only for the people and economic, social and environmental well-being of the people of the United States, but also for the economic, social and environmental well-being of all the people on the planet Earth and the well-being of the planet as well!

  The measurement of student progress in the areas covered by sections 1 and 2 being, like artistic and musical skills, difficult or impossible to measure by quantitative criteria, educational institutions supported directly or indirectly by public funds shall develop subtle and appropriate qualitative ways of evaluating adequate progress on the part of students in the areas specified, ways that contribute to and not detract from  students’ ability to love learning and to enhance their capacities to cooperate rather than compete with their fellow students in the process of intellectual and emotional growth. Teachers shall be funded to learn the skills described in points A and B and the methods of evaluation appropriate to this kind of values-oriented subject matter. 

Article Four: Implementation

A. Any corporation which moves or seeks to move its assets outside the U.S. must submit an Environmental and Social Impact report to a grand jury of ordinary citizens, and the jury shall similarly receive testimony from other stakeholders and the employees of the corporation in question to determine the impact of the moving of those assets outside the U.S. The jury shall then determine what part of those assets, up to and including all of the assets of the corporation, shall be held in the U.S. to compensate those made unemployed or otherwise disadvantaged by the corporate move of its resources elsewhere, and or to pay for other forms of environmental or social destruction of the resources or the well-being of the United States or its citizens. Conspiracy to evade this provision shall be a crime punishable by no less than twenty years in prison for all members of the board of such a corporation.

2. Any part of the Constitution or the laws fo the U.S. or any of its states deemed by a court to be in conflict with any part of this ESRA Amendment shall be null and void. Any trade arrangements, treaties, or other international agreements entered into by the United States, its citizens, or its several states, deemed by a court to be in conflict with the provisions or intent of this Amendment are hereby declared null and void.

3. Congress shall take action to provide adequate funding for all parts of this amendment and implementing legislation that seeks to fulfill the intent as stated above.

[ ] Yes! I’ll support the Campaign for the ESRA  [ ] You can use my name and identifying information as an endorser of the ESRA   [ ] I will donate $__________to support this campaign  [ ] I will seek endorsements from my civic, professional, religious, union, educational, philanthropic,  or other organizations and communities to which I belong, and/or friends, neighbors, or people in my workplace  [ ] I will seek endorsements from elected officials, city councils, state legislatures, and/or Congressional representatives [ ] I'll seek to get media to write about the ESRA [ ] I'll seek financial support from foundations, corporationsor wealthy people whom I know or create fundraising events myself.

Name________________________________________ Phone ______________________
Email ___________________________________________________________________
Home Address _____________________________________________________________
Make contributions to Tikkun and mail check or credit card info with this coupon to: ESRA c/o Tikkun, 2342 Shattuck Ave, Box 1200, Berkeley, CA 94704 or call 510-644-1200


 

ESRA: Environmental and Social Responsibility Amendment to the US Constitution Email Article To a Friend View Printable Version 

Please circulate and seek endorsements by your local city council, religious, civic and professional organizations, political parties, and your State Legislature and U.S. Congressional and Senatorial representatives.

(ESRA): The Environmental and Social Responsibility Amendment to the U.S. Constitution 
(As proposed by Rabbi Michael Lerner and Peter Gabel and advanced through the work of The Network of Spiritual Progressives www.spiritualprogressives.org)

The intent of the framers of this Amendment is to:

a. Protect the planet and its inhabitants from environmentally destructive  economic arrangements and behavior, and to increase environmental responsibility on the part of all corporations and government bodies.

b. Increase U.S. citizens’ democratic control over American economic and political institutions and ensure that all people, regardless of income, have the same electoral clout and power to shape policies and programs.

c. Promote the well-being of citizens of the United States by recognizing that our well-being depends on the well-being of the planet and all its inhabitants, which in turn requires an end to poverty, wars, and violence, and the rise of a new global ethic of genuine caring and mutual interdependence.


Article One: The Pro-Democracy Clause


A. The First & Fourteenth Amendment to the U.S. Constitution shall apply only to human beings, and not corporations, limited liability associations, and other artificial entities created by the laws of the United States.

B. Money or other currency shall not be considered a form of speech within the meaning of the First Amendment to the Constitution, and its expenditure is subject to regulation by the Congress and by the legislatures of the several States.

C. Congress shall regulate the amount of money used to disseminate ideas or shape public opinion in any federal election in order to assure that all major points of view regarding issues and candidates receive equal exposure to the greatest extent possible. Congress shall fund all major candidates for the House, Senate and Presidency in all major elections and in primaries for the nomination for president of major parties (those which have obtained at least 5% of the vote in the last election for president).  

D. In the three months prior to any election for a federal position, all media or any other means of mass communication reaching more than 300,000 people shall provide equal time to all major presidential candidates to present their views for at least an hour at least once a week, and equal time once every two weeks for congressional candidates during that media agency’s prime time. The candidates shall determine the form and content of that communication. Print media reaching more than 300,000 people shall provide equal space in the news, editorial, or  most frequently read section of the newspaper or magazine or blog site or other means of communications which may be developed in the future. During the three months prior to an election, no candidate, no political party, and no organization seeking to influence public policy may buy time in any media or form of mass communication or any other form of mass advertising including on the Internet. Major candidates shall be defined as:

a. those who have at least 5% of support as judged by the average of at least ten independent polling firms, at least two of which are selected by the candidates deemed "not major," 3 months before any given election,

b. or any candidate who can collect the signatures of 5% of the number of people who voted in the election for that office the last time that office was contested in an election. These petitions can only be signed by people eligible to vote in the relevant electoral districts. Every state shall develop similar provisions aimed at allowing candidates for the governor and state legislatures to be freed from their dependence on wealthy donors or corporations.


Article Two: Corporate Environmental and Social Responsibility


A. Every citizen of the United States and every organization chartered by the U.S. or any of its several states  shall have a responsibility to promote the ethical, environmental, and social well-being of all life on the planet Earth and on any other planet or in Space with which humans come into contact.

  This being so, corporations chartered by the Congress and by the several States shall demonstrate the ethical, environmental, and social impact of their proposed activities at the time they seek permission to operate.

In addition, any corporation with gross receipts in excess of $100 million shall obtain a new corporate charter every five years, and this charter shall be granted only if the corporation can prove a satisfactory history of environmental, social, and ethical responsibility to a grand jury of ordinary citizens chosen at random from the voting rolls of the community in which the primary activities of the corporation take place, or, if there is dispute between stakeholders and the corporation on where those primary activities take place, then in Washington, D.C.

Factors to be considered by the grand jury in determining whether a corporation will be granted a charter shall include but not be limited to:


1. The degree to which the products produced or services provided are beneficial rather than destructive to the planet and its oceans, forests, water supplies, land, and air, and the degree to which its decisions help ensure that the resources of the earth are available to future generations.


2. The degree to which it pays a living wage to all its employees and the employees of any contractors with which it does business either in the US or abroad, and arranges its pay scale such that none of its employees or contractors or members of its board of directors or officers of the corporation earn (in direct and indirect benefits combined) more than ten times the wages of its lowest full-time wage earners; the degree to which it provides equal benefits including health care, child care, retirement pensions, sick pay, and vacation time to all employees; and the degree to which its employees enjoy satisfactory safety and health conditions; and the degree to which it regularly adopts and uses indicators of its productivity and success which include factors regarding human well-being, satisfaction and participation in work, and involvement in community service by its employees and members of its top management and board of directors;


3. The degree to which it supports the needs of the communities in which it operates and in which its employees live, including the degree to which it resists the temptation to move assets or jobs to other locations where it can pay workers less or provide weaker environmental and worker protections.
4. The degree to which it encourages significant democratic participation by all its employees in corporate decision making; the degree to which it discloses to its employees and investors and the public its economic situation, the factors shaping its past decisions, and its attempts to influence public discourse,  and the degree to which it follows democratic procedures internally


5. The degree to which it treats its employees, its customers, and the people and communities in which it operates with adequate respect and genuine caring for their well-being, and rewards its employees to the extent that they engage in behaviors that manifest genuine caring, respect, kindness, generosity, and ethical and environmentally sensitive practices.


6. The degree to which its investment decisions enhance and promote the economic, social, and ethical welfare and physical & mental health and well-being of the communities in which its products may be produced, sold, or advertised and/or the communities from which it draws raw materials.

7. When assessing the environmental and social responsibility of banks, stock markets, investment firms and other corporations whose activities include the lending or investing of monies, in addition to the issues 1-6 above, the jury should also consider: the degree to which the financial institutions direct the flow of money to socially and/or envrionmentally useful activities, including non-profits serving the most disadvantaged of the society and including the financing of local business cooperatives and local community banks and to support low-income and middle income housing with affordable mortgages, rather than directing the money to speculators in finance, real estate, or other commercial activities; the degree to which it forgives loans previously given to poverty stricken countries; the degree to which it engages in misleading advertising or hides the costs of its services in small print or engages in aggressive marketing of monies for loans or preys on the most economically vulnerable; the degree to which it offers no-interest loans to those with incomes below the mean average income in the society; and the degree to which it seeks to fund directly socially useful projects and small businesses.

In making these determinations, the jury shall solicit testimony from the corporation's board of directors, from its employees, and from its stakeholders (those whose lives have been impacted by the operations of the corporation) around the US and around the world. The U.S. government shall supply funds to provide adequate means for the jury to do its investigations, to hire staff to do relevant investigations,  and to compensate jurors at a level comparable to the mean average of income in the region in which the deliberations of the jury takes place, or at the level of their current income, whichever is higher.

If the grand jury is not satisfied with the level of environmental, social, and ethical responsibility, it may put the corporation on probation and prescribe specific changes needed. If after three more years the jury is not satisfied that those changes have been adequately implemented, the jury may assign control of the board and officers of the corporation to non-management employees of the corporation and/or to its public stakeholders and/or to another group of potential corporate directors and managers who seem most likely to successfully implement the changes required by the jury, but with the condition that this new board must immediately implement the changes called for by the jury within two years time, or else the jury can reassign control of the corporation to another group of potential board members.

B Any government office or project receiving government funds that seeks to engage ln a contract (with any other corporation or limited liability entity) involving the expenditure of over $100,000 (adjusted annually for inflation) shall require that those who apply to fulfill that contract submit an Environmental and Social Responsibility Impact Report to assess the applicant’s corporate behavior in regard to the factors listed above in point A of Article II. Community stakeholders and non-supervisory employees may also submit their own assessment by filling out the Environment and Social Responsibility Impact Report. Contracts shall be rewarded to the applicant with the best record of environmental and social responsibility that can also satisfactorily fulfill the other terms of the contract.

Article Three: The Positive Requirement to Enhance Human Community and Environmental Sustainability


A. Earth being the natural and sacred home of all its peoples, Congress shall develop legislation to enhance the environmental sustainability of human communities and the planet Earth, and shall present a report annually to the American people on progress made during the previous year in ameliorating any conditions deemed by an independent group of scientists to be adverse to the planet’s long-term environmental welfare. The objectives of such legislation shall include but not be limited to alleviating global warming, reducing all forms of pollution, restoring the ecological  balance of the oceans, and assuring the well-being of all forests and animal life. The President of the United States shall have the obligation to enforce such legislation and to develop executive policies to assure the carrying out of its objectives.


B. In order to prepare the people of the United States to live as environmentally and socially responsible citizens of the world, and to recognize that our own well being as citizens of the United States depends upon the well being of everyone else on Earth and the well being of this planet itself, every educational institution receiving federal funds whether directly or through the several states, shall provide education in reading, writing and basic arithmetic, and appropriate instruction including at least one required course for all its students per year per grade level from kindergarten through 12th grade, and in any college receiving funding or financial aid or loan guarantees for its students, in:

1. the skills and capacities necessary to develop a caring society manifesting love, generosity, kindness, caring for each other and for the earth, joy, rational and scientific thinking, non-violence, celebration, thanksgiving, forgiveness, humility, compassion,  ethical and ecological sensivity, appreciation of humanity’s rich multicultural heritage as expressed in literature, art, music, religion,  and philosophy, non-violence in action and speech, skills for democratic participation including skills in how to change the opinions of fellow citizens or influence their thinking in ways that are respectful of differences and tolerant of disagreements, and how to organize fellow citizens for non-violent political action and engagement in support of causes not-yet-popular; and in

2. the appropriate scientific, ethical, and behavioral knowledge and skills required to assure the long term environmental sustainability of the planet Earth, and to do so in ways that enhance the well being of everyone on the planet.

Congress shall provide funding for such courses in all the educational institutions receiving public funds or loans or loan guarantees for students, and shall provide funding for similar courses to be made available to the non-student populations in each state.

All such courses must teach caring not only for the people and economic, social and environmental well-being of the people of the United States, but also for the economic, social and environmental well-being of all the people on the planet Earth and the well-being of the planet as well!

  The measurement of student progress in the areas covered by sections 1 and 2 being, like artistic and musical skills, difficult or impossible to measure by quantitative criteria, educational institutions supported directly or indirectly by public funds shall develop subtle and appropriate qualitative ways of evaluating adequate progress on the part of students in the areas specified, ways that contribute to and not detract from  students’ ability to love learning and to enhance their capacities to cooperate rather than compete with their fellow students in the process of intellectual and emotional growth. Teachers shall be funded to learn the skills described in points A and B and the methods of evaluation appropriate to this kind of values-oriented subject matter. 

Article Four: Implementation

A. Any corporation which moves or seeks to move its assets outside the U.S. must submit an Environmental and Social Impact report to a grand jury of ordinary citizens, and the jury shall similarly receive testimony from other stakeholders and the employees of the corporation in question to determine the impact of the moving of those assets outside the U.S. The jury shall then determine what part of those assets, up to and including all of the assets of the corporation, shall be held in the U.S. to compensate those made unemployed or otherwise disadvantaged by the corporate move of its resources elsewhere, and or to pay for other forms of environmental or social destruction of the resources or the well-being of the United States or its citizens. Conspiracy to evade this provision shall be a crime punishable by no less than twenty years in prison for all members of the board of such a corporation.

2. Any part of the Constitution or the laws fo the U.S. or any of its states deemed by a court to be in conflict with any part of this ESRA Amendment shall be null and void. Any trade arrangements, treaties, or other international agreements entered into by the United States, its citizens, or its several states, deemed by a court to be in conflict with the provisions or intent of this Amendment are hereby declared null and void.

3. Congress shall take action to provide adequate funding for all parts of this amendment and implementing legislation that seeks to fulfill the intent as stated above.

[ ] Yes! I’ll support the Campaign for the ESRA  [ ] You can use my name and identifying information as an endorser of the ESRA   [ ] I will donate $__________to support this campaign  [ ] I will seek endorsements from my civic, professional, religious, union, educational, philanthropic,  or other organizations and communities to which I belong, and/or friends, neighbors, or people in my workplace  [ ] I will seek endorsements from elected officials, city councils, state legislatures, and/or Congressional representatives [ ] I'll seek to get media to write about the ESRA [ ] I'll seek financial support from foundations, corporationsor wealthy people whom I know or create fundraising events myself.

Name________________________________________ Phone ______________________
Email ___________________________________________________________________
Home Address _____________________________________________________________
Make contributions to Tikkun and mail check or credit card info with this coupon to: ESRA c/o Tikkun, 2342 Shattuck Ave, Box 1200, Berkeley, CA 94704 or call 510-644-1200


 

ESRA: Environmental and Social Responsibility Amendment to the US Constitution Email Article To a Friend View Printable Version 

Please circulate and seek endorsements by your local city council, religious, civic and professional organizations, political parties, and your State Legislature and U.S. Congressional and Senatorial representatives.

(ESRA): The Environmental and Social Responsibility Amendment to the U.S. Constitution 
(As proposed by Rabbi Michael Lerner and Peter Gabel and advanced through the work of The Network of Spiritual Progressives www.spiritualprogressives.org)

The intent of the framers of this Amendment is to:

a. Protect the planet and its inhabitants from environmentally destructive  economic arrangements and behavior, and to increase environmental responsibility on the part of all corporations and government bodies.

b. Increase U.S. citizens’ democratic control over American economic and political institutions and ensure that all people, regardless of income, have the same electoral clout and power to shape policies and programs.

c. Promote the well-being of citizens of the United States by recognizing that our well-being depends on the well-being of the planet and all its inhabitants, which in turn requires an end to poverty, wars, and violence, and the rise of a new global ethic of genuine caring and mutual interdependence.


Article One: The Pro-Democracy Clause


A. The First & Fourteenth Amendment to the U.S. Constitution shall apply only to human beings, and not corporations, limited liability associations, and other artificial entities created by the laws of the United States.

B. Money or other currency shall not be considered a form of speech within the meaning of the First Amendment to the Constitution, and its expenditure is subject to regulation by the Congress and by the legislatures of the several States.

C. Congress shall regulate the amount of money used to disseminate ideas or shape public opinion in any federal election in order to assure that all major points of view regarding issues and candidates receive equal exposure to the greatest extent possible. Congress shall fund all major candidates for the House, Senate and Presidency in all major elections and in primaries for the nomination for president of major parties (those which have obtained at least 5% of the vote in the last election for president).  

D. In the three months prior to any election for a federal position, all media or any other means of mass communication reaching more than 300,000 people shall provide equal time to all major presidential candidates to present their views for at least an hour at least once a week, and equal time once every two weeks for congressional candidates during that media agency’s prime time. The candidates shall determine the form and content of that communication. Print media reaching more than 300,000 people shall provide equal space in the news, editorial, or  most frequently read section of the newspaper or magazine or blog site or other means of communications which may be developed in the future. During the three months prior to an election, no candidate, no political party, and no organization seeking to influence public policy may buy time in any media or form of mass communication or any other form of mass advertising including on the Internet. Major candidates shall be defined as:

a. those who have at least 5% of support as judged by the average of at least ten independent polling firms, at least two of which are selected by the candidates deemed "not major," 3 months before any given election,

b. or any candidate who can collect the signatures of 5% of the number of people who voted in the election for that office the last time that office was contested in an election. These petitions can only be signed by people eligible to vote in the relevant electoral districts. Every state shall develop similar provisions aimed at allowing candidates for the governor and state legislatures to be freed from their dependence on wealthy donors or corporations.


Article Two: Corporate Environmental and Social Responsibility


A. Every citizen of the United States and every organization chartered by the U.S. or any of its several states  shall have a responsibility to promote the ethical, environmental, and social well-being of all life on the planet Earth and on any other planet or in Space with which humans come into contact.

  This being so, corporations chartered by the Congress and by the several States shall demonstrate the ethical, environmental, and social impact of their proposed activities at the time they seek permission to operate.

In addition, any corporation with gross receipts in excess of $100 million shall obtain a new corporate charter every five years, and this charter shall be granted only if the corporation can prove a satisfactory history of environmental, social, and ethical responsibility to a grand jury of ordinary citizens chosen at random from the voting rolls of the community in which the primary activities of the corporation take place, or, if there is dispute between stakeholders and the corporation on where those primary activities take place, then in Washington, D.C.

Factors to be considered by the grand jury in determining whether a corporation will be granted a charter shall include but not be limited to:


1. The degree to which the products produced or services provided are beneficial rather than destructive to the planet and its oceans, forests, water supplies, land, and air, and the degree to which its decisions help ensure that the resources of the earth are available to future generations.


2. The degree to which it pays a living wage to all its employees and the employees of any contractors with which it does business either in the US or abroad, and arranges its pay scale such that none of its employees or contractors or members of its board of directors or officers of the corporation earn (in direct and indirect benefits combined) more than ten times the wages of its lowest full-time wage earners; the degree to which it provides equal benefits including health care, child care, retirement pensions, sick pay, and vacation time to all employees; and the degree to which its employees enjoy satisfactory safety and health conditions; and the degree to which it regularly adopts and uses indicators of its productivity and success which include factors regarding human well-being, satisfaction and participation in work, and involvement in community service by its employees and members of its top management and board of directors;


3. The degree to which it supports the needs of the communities in which it operates and in which its employees live, including the degree to which it resists the temptation to move assets or jobs to other locations where it can pay workers less or provide weaker environmental and worker protections.
4. The degree to which it encourages significant democratic participation by all its employees in corporate decision making; the degree to which it discloses to its employees and investors and the public its economic situation, the factors shaping its past decisions, and its attempts to influence public discourse,  and the degree to which it follows democratic procedures internally


5. The degree to which it treats its employees, its customers, and the people and communities in which it operates with adequate respect and genuine caring for their well-being, and rewards its employees to the extent that they engage in behaviors that manifest genuine caring, respect, kindness, generosity, and ethical and environmentally sensitive practices.


6. The degree to which its investment decisions enhance and promote the economic, social, and ethical welfare and physical & mental health and well-being of the communities in which its products may be produced, sold, or advertised and/or the communities from which it draws raw materials.

7. When assessing the environmental and social responsibility of banks, stock markets, investment firms and other corporations whose activities include the lending or investing of monies, in addition to the issues 1-6 above, the jury should also consider: the degree to which the financial institutions direct the flow of money to socially and/or envrionmentally useful activities, including non-profits serving the most disadvantaged of the society and including the financing of local business cooperatives and local community banks and to support low-income and middle income housing with affordable mortgages, rather than directing the money to speculators in finance, real estate, or other commercial activities; the degree to which it forgives loans previously given to poverty stricken countries; the degree to which it engages in misleading advertising or hides the costs of its services in small print or engages in aggressive marketing of monies for loans or preys on the most economically vulnerable; the degree to which it offers no-interest loans to those with incomes below the mean average income in the society; and the degree to which it seeks to fund directly socially useful projects and small businesses.

In making these determinations, the jury shall solicit testimony from the corporation's board of directors, from its employees, and from its stakeholders (those whose lives have been impacted by the operations of the corporation) around the US and around the world. The U.S. government shall supply funds to provide adequate means for the jury to do its investigations, to hire staff to do relevant investigations,  and to compensate jurors at a level comparable to the mean average of income in the region in which the deliberations of the jury takes place, or at the level of their current income, whichever is higher.

If the grand jury is not satisfied with the level of environmental, social, and ethical responsibility, it may put the corporation on probation and prescribe specific changes needed. If after three more years the jury is not satisfied that those changes have been adequately implemented, the jury may assign control of the board and officers of the corporation to non-management employees of the corporation and/or to its public stakeholders and/or to another group of potential corporate directors and managers who seem most likely to successfully implement the changes required by the jury, but with the condition that this new board must immediately implement the changes called for by the jury within two years time, or else the jury can reassign control of the corporation to another group of potential board members.

B Any government office or project receiving government funds that seeks to engage ln a contract (with any other corporation or limited liability entity) involving the expenditure of over $100,000 (adjusted annually for inflation) shall require that those who apply to fulfill that contract submit an Environmental and Social Responsibility Impact Report to assess the applicant’s corporate behavior in regard to the factors listed above in point A of Article II. Community stakeholders and non-supervisory employees may also submit their own assessment by filling out the Environment and Social Responsibility Impact Report. Contracts shall be rewarded to the applicant with the best record of environmental and social responsibility that can also satisfactorily fulfill the other terms of the contract.

Article Three: The Positive Requirement to Enhance Human Community and Environmental Sustainability


A. Earth being the natural and sacred home of all its peoples, Congress shall develop legislation to enhance the environmental sustainability of human communities and the planet Earth, and shall present a report annually to the American people on progress made during the previous year in ameliorating any conditions deemed by an independent group of scientists to be adverse to the planet’s long-term environmental welfare. The objectives of such legislation shall include but not be limited to alleviating global warming, reducing all forms of pollution, restoring the ecological  balance of the oceans, and assuring the well-being of all forests and animal life. The President of the United States shall have the obligation to enforce such legislation and to develop executive policies to assure the carrying out of its objectives.


B. In order to prepare the people of the United States to live as environmentally and socially responsible citizens of the world, and to recognize that our own well being as citizens of the United States depends upon the well being of everyone else on Earth and the well being of this planet itself, every educational institution receiving federal funds whether directly or through the several states, shall provide education in reading, writing and basic arithmetic, and appropriate instruction including at least one required course for all its students per year per grade level from kindergarten through 12th grade, and in any college receiving funding or financial aid or loan guarantees for its students, in:

1. the skills and capacities necessary to develop a caring society manifesting love, generosity, kindness, caring for each other and for the earth, joy, rational and scientific thinking, non-violence, celebration, thanksgiving, forgiveness, humility, compassion,  ethical and ecological sensivity, appreciation of humanity’s rich multicultural heritage as expressed in literature, art, music, religion,  and philosophy, non-violence in action and speech, skills for democratic participation including skills in how to change the opinions of fellow citizens or influence their thinking in ways that are respectful of differences and tolerant of disagreements, and how to organize fellow citizens for non-violent political action and engagement in support of causes not-yet-popular; and in

2. the appropriate scientific, ethical, and behavioral knowledge and skills required to assure the long term environmental sustainability of the planet Earth, and to do so in ways that enhance the well being of everyone on the planet.

Congress shall provide funding for such courses in all the educational institutions receiving public funds or loans or loan guarantees for students, and shall provide funding for similar courses to be made available to the non-student populations in each state.

All such courses must teach caring not only for the people and economic, social and environmental well-being of the people of the United States, but also for the economic, social and environmental well-being of all the people on the planet Earth and the well-being of the planet as well!

  The measurement of student progress in the areas covered by sections 1 and 2 being, like artistic and musical skills, difficult or impossible to measure by quantitative criteria, educational institutions supported directly or indirectly by public funds shall develop subtle and appropriate qualitative ways of evaluating adequate progress on the part of students in the areas specified, ways that contribute to and not detract from  students’ ability to love learning and to enhance their capacities to cooperate rather than compete with their fellow students in the process of intellectual and emotional growth. Teachers shall be funded to learn the skills described in points A and B and the methods of evaluation appropriate to this kind of values-oriented subject matter. 

Article Four: Implementation

A. Any corporation which moves or seeks to move its assets outside the U.S. must submit an Environmental and Social Impact report to a grand jury of ordinary citizens, and the jury shall similarly receive testimony from other stakeholders and the employees of the corporation in question to determine the impact of the moving of those assets outside the U.S. The jury shall then determine what part of those assets, up to and including all of the assets of the corporation, shall be held in the U.S. to compensate those made unemployed or otherwise disadvantaged by the corporate move of its resources elsewhere, and or to pay for other forms of environmental or social destruction of the resources or the well-being of the United States or its citizens. Conspiracy to evade this provision shall be a crime punishable by no less than twenty years in prison for all members of the board of such a corporation.

2. Any part of the Constitution or the laws fo the U.S. or any of its states deemed by a court to be in conflict with any part of this ESRA Amendment shall be null and void. Any trade arrangements, treaties, or other international agreements entered into by the United States, its citizens, or its several states, deemed by a court to be in conflict with the provisions or intent of this Amendment are hereby declared null and void.

3. Congress shall take action to provide adequate funding for all parts of this amendment and implementing legislation that seeks to fulfill the intent as stated above.

[ ] Yes! I’ll support the Campaign for the ESRA  [ ] You can use my name and identifying information as an endorser of the ESRA   [ ] I will donate $__________to support this campaign  [ ] I will seek endorsements from my civic, professional, religious, union, educational, philanthropic,  or other organizations and communities to which I belong, and/or friends, neighbors, or people in my workplace  [ ] I will seek endorsements from elected officials, city councils, state legislatures, and/or Congressional representatives [ ] I'll seek to get media to write about the ESRA [ ] I'll seek financial support from foundations, corporationsor wealthy people whom I know or create fundraising events myself.

Name________________________________________ Phone ______________________
Email ___________________________________________________________________
Home Address _____________________________________________________________
Make contributions to Tikkun and mail check or credit card info with this coupon to: ESRA c/o Tikkun, 2342 Shattuck Ave, Box 1200, Berkeley, CA 94704 or call 510-644-1200


 

ESRA: Environmental and Social Responsibility Amendment to the US Constitution Email Article To a Friend View Printable Version 

Please circulate and seek endorsements by your local city council, religious, civic and professional organizations, political parties, and your State Legislature and U.S. Congressional and Senatorial representatives.

(ESRA): The Environmental and Social Responsibility Amendment to the U.S. Constitution 
(As proposed by Rabbi Michael Lerner and Peter Gabel and advanced through the work of The Network of Spiritual Progressives www.spiritualprogressives.org)

The intent of the framers of this Amendment is to:

a. Protect the planet and its inhabitants from environmentally destructive  economic arrangements and behavior, and to increase environmental responsibility on the part of all corporations and government bodies.

b. Increase U.S. citizens’ democratic control over American economic and political institutions and ensure that all people, regardless of income, have the same electoral clout and power to shape policies and programs.

c. Promote the well-being of citizens of the United States by recognizing that our well-being depends on the well-being of the planet and all its inhabitants, which in turn requires an end to poverty, wars, and violence, and the rise of a new global ethic of genuine caring and mutual interdependence.


Article One: The Pro-Democracy Clause


A. The First & Fourteenth Amendment to the U.S. Constitution shall apply only to human beings, and not corporations, limited liability associations, and other artificial entities created by the laws of the United States.

B. Money or other currency shall not be considered a form of speech within the meaning of the First Amendment to the Constitution, and its expenditure is subject to regulation by the Congress and by the legislatures of the several States.

C. Congress shall regulate the amount of money used to disseminate ideas or shape public opinion in any federal election in order to assure that all major points of view regarding issues and candidates receive equal exposure to the greatest extent possible. Congress shall fund all major candidates for the House, Senate and Presidency in all major elections and in primaries for the nomination for president of major parties (those which have obtained at least 5% of the vote in the last election for president).  

D. In the three months prior to any election for a federal position, all media or any other means of mass communication reaching more than 300,000 people shall provide equal time to all major presidential candidates to present their views for at least an hour at least once a week, and equal time once every two weeks for congressional candidates during that media agency’s prime time. The candidates shall determine the form and content of that communication. Print media reaching more than 300,000 people shall provide equal space in the news, editorial, or  most frequently read section of the newspaper or magazine or blog site or other means of communications which may be developed in the future. During the three months prior to an election, no candidate, no political party, and no organization seeking to influence public policy may buy time in any media or form of mass communication or any other form of mass advertising including on the Internet. Major candidates shall be defined as:

a. those who have at least 5% of support as judged by the average of at least ten independent polling firms, at least two of which are selected by the candidates deemed "not major," 3 months before any given election,

b. or any candidate who can collect the signatures of 5% of the number of people who voted in the election for that office the last time that office was contested in an election. These petitions can only be signed by people eligible to vote in the relevant electoral districts. Every state shall develop similar provisions aimed at allowing candidates for the governor and state legislatures to be freed from their dependence on wealthy donors or corporations.


Article Two: Corporate Environmental and Social Responsibility


A. Every citizen of the United States and every organization chartered by the U.S. or any of its several states  shall have a responsibility to promote the ethical, environmental, and social well-being of all life on the planet Earth and on any other planet or in Space with which humans come into contact.

  This being so, corporations chartered by the Congress and by the several States shall demonstrate the ethical, environmental, and social impact of their proposed activities at the time they seek permission to operate.

In addition, any corporation with gross receipts in excess of $100 million shall obtain a new corporate charter every five years, and this charter shall be granted only if the corporation can prove a satisfactory history of environmental, social, and ethical responsibility to a grand jury of ordinary citizens chosen at random from the voting rolls of the community in which the primary activities of the corporation take place, or, if there is dispute between stakeholders and the corporation on where those primary activities take place, then in Washington, D.C.

Factors to be considered by the grand jury in determining whether a corporation will be granted a charter shall include but not be limited to:


1. The degree to which the products produced or services provided are beneficial rather than destructive to the planet and its oceans, forests, water supplies, land, and air, and the degree to which its decisions help ensure that the resources of the earth are available to future generations.


2. The degree to which it pays a living wage to all its employees and the employees of any contractors with which it does business either in the US or abroad, and arranges its pay scale such that none of its employees or contractors or members of its board of directors or officers of the corporation earn (in direct and indirect benefits combined) more than ten times the wages of its lowest full-time wage earners; the degree to which it provides equal benefits including health care, child care, retirement pensions, sick pay, and vacation time to all employees; and the degree to which its employees enjoy satisfactory safety and health conditions; and the degree to which it regularly adopts and uses indicators of its productivity and success which include factors regarding human well-being, satisfaction and participation in work, and involvement in community service by its employees and members of its top management and board of directors;


3. The degree to which it supports the needs of the communities in which it operates and in which its employees live, including the degree to which it resists the temptation to move assets or jobs to other locations where it can pay workers less or provide weaker environmental and worker protections.
4. The degree to which it encourages significant democratic participation by all its employees in corporate decision making; the degree to which it discloses to its employees and investors and the public its economic situation, the factors shaping its past decisions, and its attempts to influence public discourse,  and the degree to which it follows democratic procedures internally


5. The degree to which it treats its employees, its customers, and the people and communities in which it operates with adequate respect and genuine caring for their well-being, and rewards its employees to the extent that they engage in behaviors that manifest genuine caring, respect, kindness, generosity, and ethical and environmentally sensitive practices.


6. The degree to which its investment decisions enhance and promote the economic, social, and ethical welfare and physical & mental health and well-being of the communities in which its products may be produced, sold, or advertised and/or the communities from which it draws raw materials.

7. When assessing the environmental and social responsibility of banks, stock markets, investment firms and other corporations whose activities include the lending or investing of monies, in addition to the issues 1-6 above, the jury should also consider: the degree to which the financial institutions direct the flow of money to socially and/or envrionmentally useful activities, including non-profits serving the most disadvantaged of the society and including the financing of local business cooperatives and local community banks and to support low-income and middle income housing with affordable mortgages, rather than directing the money to speculators in finance, real estate, or other commercial activities; the degree to which it forgives loans previously given to poverty stricken countries; the degree to which it engages in misleading advertising or hides the costs of its services in small print or engages in aggressive marketing of monies for loans or preys on the most economically vulnerable; the degree to which it offers no-interest loans to those with incomes below the mean average income in the society; and the degree to which it seeks to fund directly socially useful projects and small businesses.

In making these determinations, the jury shall solicit testimony from the corporation's board of directors, from its employees, and from its stakeholders (those whose lives have been impacted by the operations of the corporation) around the US and around the world. The U.S. government shall supply funds to provide adequate means for the jury to do its investigations, to hire staff to do relevant investigations,  and to compensate jurors at a level comparable to the mean average of income in the region in which the deliberations of the jury takes place, or at the level of their current income, whichever is higher.

If the grand jury is not satisfied with the level of environmental, social, and ethical responsibility, it may put the corporation on probation and prescribe specific changes needed. If after three more years the jury is not satisfied that those changes have been adequately implemented, the jury may assign control of the board and officers of the corporation to non-management employees of the corporation and/or to its public stakeholders and/or to another group of potential corporate directors and managers who seem most likely to successfully implement the changes required by the jury, but with the condition that this new board must immediately implement the changes called for by the jury within two years time, or else the jury can reassign control of the corporation to another group of potential board members.

B Any government office or project receiving government funds that seeks to engage ln a contract (with any other corporation or limited liability entity) involving the expenditure of over $100,000 (adjusted annually for inflation) shall require that those who apply to fulfill that contract submit an Environmental and Social Responsibility Impact Report to assess the applicant’s corporate behavior in regard to the factors listed above in point A of Article II. Community stakeholders and non-supervisory employees may also submit their own assessment by filling out the Environment and Social Responsibility Impact Report. Contracts shall be rewarded to the applicant with the best record of environmental and social responsibility that can also satisfactorily fulfill the other terms of the contract.

Article Three: The Positive Requirement to Enhance Human Community and Environmental Sustainability


A. Earth being the natural and sacred home of all its peoples, Congress shall develop legislation to enhance the environmental sustainability of human communities and the planet Earth, and shall present a report annually to the American people on progress made during the previous year in ameliorating any conditions deemed by an independent group of scientists to be adverse to the planet’s long-term environmental welfare. The objectives of such legislation shall include but not be limited to alleviating global warming, reducing all forms of pollution, restoring the ecological  balance of the oceans, and assuring the well-being of all forests and animal life. The President of the United States shall have the obligation to enforce such legislation and to develop executive policies to assure the carrying out of its objectives.


B. In order to prepare the people of the United States to live as environmentally and socially responsible citizens of the world, and to recognize that our own well being as citizens of the United States depends upon the well being of everyone else on Earth and the well being of this planet itself, every educational institution receiving federal funds whether directly or through the several states, shall provide education in reading, writing and basic arithmetic, and appropriate instruction including at least one required course for all its students per year per grade level from kindergarten through 12th grade, and in any college receiving funding or financial aid or loan guarantees for its students, in:

1. the skills and capacities necessary to develop a caring society manifesting love, generosity, kindness, caring for each other and for the earth, joy, rational and scientific thinking, non-violence, celebration, thanksgiving, forgiveness, humility, compassion,  ethical and ecological sensivity, appreciation of humanity’s rich multicultural heritage as expressed in literature, art, music, religion,  and philosophy, non-violence in action and speech, skills for democratic participation including skills in how to change the opinions of fellow citizens or influence their thinking in ways that are respectful of differences and tolerant of disagreements, and how to organize fellow citizens for non-violent political action and engagement in support of causes not-yet-popular; and in

2. the appropriate scientific, ethical, and behavioral knowledge and skills required to assure the long term environmental sustainability of the planet Earth, and to do so in ways that enhance the well being of everyone on the planet.

Congress shall provide funding for such courses in all the educational institutions receiving public funds or loans or loan guarantees for students, and shall provide funding for similar courses to be made available to the non-student populations in each state.

All such courses must teach caring not only for the people and economic, social and environmental well-being of the people of the United States, but also for the economic, social and environmental well-being of all the people on the planet Earth and the well-being of the planet as well!

  The measurement of student progress in the areas covered by sections 1 and 2 being, like artistic and musical skills, difficult or impossible to measure by quantitative criteria, educational institutions supported directly or indirectly by public funds shall develop subtle and appropriate qualitative ways of evaluating adequate progress on the part of students in the areas specified, ways that contribute to and not detract from  students’ ability to love learning and to enhance their capacities to cooperate rather than compete with their fellow students in the process of intellectual and emotional growth. Teachers shall be funded to learn the skills described in points A and B and the methods of evaluation appropriate to this kind of values-oriented subject matter. 

Article Four: Implementation

A. Any corporation which moves or seeks to move its assets outside the U.S. must submit an Environmental and Social Impact report to a grand jury of ordinary citizens, and the jury shall similarly receive testimony from other stakeholders and the employees of the corporation in question to determine the impact of the moving of those assets outside the U.S. The jury shall then determine what part of those assets, up to and including all of the assets of the corporation, shall be held in the U.S. to compensate those made unemployed or otherwise disadvantaged by the corporate move of its resources elsewhere, and or to pay for other forms of environmental or social destruction of the resources or the well-being of the United States or its citizens. Conspiracy to evade this provision shall be a crime punishable by no less than twenty years in prison for all members of the board of such a corporation.

2. Any part of the Constitution or the laws fo the U.S. or any of its states deemed by a court to be in conflict with any part of this ESRA Amendment shall be null and void. Any trade arrangements, treaties, or other international agreements entered into by the United States, its citizens, or its several states, deemed by a court to be in conflict with the provisions or intent of this Amendment are hereby declared null and void.

3. Congress shall take action to provide adequate funding for all parts of this amendment and implementing legislation that seeks to fulfill the intent as stated above.

[ ] Yes! I’ll support the Campaign for the ESRA  [ ] You can use my name and identifying information as an endorser of the ESRA   [ ] I will donate $__________to support this campaign  [ ] I will seek endorsements from my civic, professional, religious, union, educational, philanthropic,  or other organizations and communities to which I belong, and/or friends, neighbors, or people in my workplace  [ ] I will seek endorsements from elected officials, city councils, state legislatures, and/or Congressional representatives [ ] I'll seek to get media to write about the ESRA [ ] I'll seek financial support from foundations, corporationsor wealthy people whom I know or create fundraising events myself.

Name________________________________________ Phone ______________________
Email ___________________________________________________________________
Home Address _____________________________________________________________
Make contributions to Tikkun and mail check or credit card info with this coupon to: ESRA c/o Tikkun, 2342 Shattuck Ave, Box 1200, Berkeley, CA 94704 or call 510-644-1200


 

ESRA: Environmental and Social Responsibility Amendment to the US Constitution Email Article To a Friend View Printable Version 

Please circulate and seek endorsements by your local city council, religious, civic and professional organizations, political parties, and your State Legislature and U.S. Congressional and Senatorial representatives.

(ESRA): The Environmental and Social Responsibility Amendment to the U.S. Constitution 
(As proposed by Rabbi Michael Lerner and Peter Gabel and advanced through the work of The Network of Spiritual Progressives www.spiritualprogressives.org)

The intent of the framers of this Amendment is to:

a. Protect the planet and its inhabitants from environmentally destructive  economic arrangements and behavior, and to increase environmental responsibility on the part of all corporations and government bodies.

b. Increase U.S. citizens’ democratic control over American economic and political institutions and ensure that all people, regardless of income, have the same electoral clout and power to shape policies and programs.

c. Promote the well-being of citizens of the United States by recognizing that our well-being depends on the well-being of the planet and all its inhabitants, which in turn requires an end to poverty, wars, and violence, and the rise of a new global ethic of genuine caring and mutual interdependence.


Article One: The Pro-Democracy Clause


A. The First & Fourteenth Amendment to the U.S. Constitution shall apply only to human beings, and not corporations, limited liability associations, and other artificial entities created by the laws of the United States.

B. Money or other currency shall not be considered a form of speech within the meaning of the First Amendment to the Constitution, and its expenditure is subject to regulation by the Congress and by the legislatures of the several States.

C. Congress shall regulate the amount of money used to disseminate ideas or shape public opinion in any federal election in order to assure that all major points of view regarding issues and candidates receive equal exposure to the greatest extent possible. Congress shall fund all major candidates for the House, Senate and Presidency in all major elections and in primaries for the nomination for president of major parties (those which have obtained at least 5% of the vote in the last election for president).  

D. In the three months prior to any election for a federal position, all media or any other means of mass communication reaching more than 300,000 people shall provide equal time to all major presidential candidates to present their views for at least an hour at least once a week, and equal time once every two weeks for congressional candidates during that media agency’s prime time. The candidates shall determine the form and content of that communication. Print media reaching more than 300,000 people shall provide equal space in the news, editorial, or  most frequently read section of the newspaper or magazine or blog site or other means of communications which may be developed in the future. During the three months prior to an election, no candidate, no political party, and no organization seeking to influence public policy may buy time in any media or form of mass communication or any other form of mass advertising including on the Internet. Major candidates shall be defined as:

a. those who have at least 5% of support as judged by the average of at least ten independent polling firms, at least two of which are selected by the candidates deemed "not major," 3 months before any given election,

b. or any candidate who can collect the signatures of 5% of the number of people who voted in the election for that office the last time that office was contested in an election. These petitions can only be signed by people eligible to vote in the relevant electoral districts. Every state shall develop similar provisions aimed at allowing candidates for the governor and state legislatures to be freed from their dependence on wealthy donors or corporations.


Article Two: Corporate Environmental and Social Responsibility


A. Every citizen of the United States and every organization chartered by the U.S. or any of its several states  shall have a responsibility to promote the ethical, environmental, and social well-being of all life on the planet Earth and on any other planet or in Space with which humans come into contact.

  This being so, corporations chartered by the Congress and by the several States shall demonstrate the ethical, environmental, and social impact of their proposed activities at the time they seek permission to operate.

In addition, any corporation with gross receipts in excess of $100 million shall obtain a new corporate charter every five years, and this charter shall be granted only if the corporation can prove a satisfactory history of environmental, social, and ethical responsibility to a grand jury of ordinary citizens chosen at random from the voting rolls of the community in which the primary activities of the corporation take place, or, if there is dispute between stakeholders and the corporation on where those primary activities take place, then in Washington, D.C.

Factors to be considered by the grand jury in determining whether a corporation will be granted a charter shall include but not be limited to:


1. The degree to which the products produced or services provided are beneficial rather than destructive to the planet and its oceans, forests, water supplies, land, and air, and the degree to which its decisions help ensure that the resources of the earth are available to future generations.


2. The degree to which it pays a living wage to all its employees and the employees of any contractors with which it does business either in the US or abroad, and arranges its pay scale such that none of its employees or contractors or members of its board of directors or officers of the corporation earn (in direct and indirect benefits combined) more than ten times the wages of its lowest full-time wage earners; the degree to which it provides equal benefits including health care, child care, retirement pensions, sick pay, and vacation time to all employees; and the degree to which its employees enjoy satisfactory safety and health conditions; and the degree to which it regularly adopts and uses indicators of its productivity and success which include factors regarding human well-being, satisfaction and participation in work, and involvement in community service by its employees and members of its top management and board of directors;


3. The degree to which it supports the needs of the communities in which it operates and in which its employees live, including the degree to which it resists the temptation to move assets or jobs to other locations where it can pay workers less or provide weaker environmental and worker protections.
4. The degree to which it encourages significant democratic participation by all its employees in corporate decision making; the degree to which it discloses to its employees and investors and the public its economic situation, the factors shaping its past decisions, and its attempts to influence public discourse,  and the degree to which it follows democratic procedures internally


5. The degree to which it treats its employees, its customers, and the people and communities in which it operates with adequate respect and genuine caring for their well-being, and rewards its employees to the extent that they engage in behaviors that manifest genuine caring, respect, kindness, generosity, and ethical and environmentally sensitive practices.


6. The degree to which its investment decisions enhance and promote the economic, social, and ethical welfare and physical & mental health and well-being of the communities in which its products may be produced, sold, or advertised and/or the communities from which it draws raw materials.

7. When assessing the environmental and social responsibility of banks, stock markets, investment firms and other corporations whose activities include the lending or investing of monies, in addition to the issues 1-6 above, the jury should also consider: the degree to which the financial institutions direct the flow of money to socially and/or envrionmentally useful activities, including non-profits serving the most disadvantaged of the society and including the financing of local business cooperatives and local community banks and to support low-income and middle income housing with affordable mortgages, rather than directing the money to speculators in finance, real estate, or other commercial activities; the degree to which it forgives loans previously given to poverty stricken countries; the degree to which it engages in misleading advertising or hides the costs of its services in small print or engages in aggressive marketing of monies for loans or preys on the most economically vulnerable; the degree to which it offers no-interest loans to those with incomes below the mean average income in the society; and the degree to which it seeks to fund directly socially useful projects and small businesses.

In making these determinations, the jury shall solicit testimony from the corporation's board of directors, from its employees, and from its stakeholders (those whose lives have been impacted by the operations of the corporation) around the US and around the world. The U.S. government shall supply funds to provide adequate means for the jury to do its investigations, to hire staff to do relevant investigations,  and to compensate jurors at a level comparable to the mean average of income in the region in which the deliberations of the jury takes place, or at the level of their current income, whichever is higher.

If the grand jury is not satisfied with the level of environmental, social, and ethical responsibility, it may put the corporation on probation and prescribe specific changes needed. If after three more years the jury is not satisfied that those changes have been adequately implemented, the jury may assign control of the board and officers of the corporation to non-management employees of the corporation and/or to its public stakeholders and/or to another group of potential corporate directors and managers who seem most likely to successfully implement the changes required by the jury, but with the condition that this new board must immediately implement the changes called for by the jury within two years time, or else the jury can reassign control of the corporation to another group of potential board members.

B Any government office or project receiving government funds that seeks to engage ln a contract (with any other corporation or limited liability entity) involving the expenditure of over $100,000 (adjusted annually for inflation) shall require that those who apply to fulfill that contract submit an Environmental and Social Responsibility Impact Report to assess the applicant’s corporate behavior in regard to the factors listed above in point A of Article II. Community stakeholders and non-supervisory employees may also submit their own assessment by filling out the Environment and Social Responsibility Impact Report. Contracts shall be rewarded to the applicant with the best record of environmental and social responsibility that can also satisfactorily fulfill the other terms of the contract.

Article Three: The Positive Requirement to Enhance Human Community and Environmental Sustainability


A. Earth being the natural and sacred home of all its peoples, Congress shall develop legislation to enhance the environmental sustainability of human communities and the planet Earth, and shall present a report annually to the American people on progress made during the previous year in ameliorating any conditions deemed by an independent group of scientists to be adverse to the planet’s long-term environmental welfare. The objectives of such legislation shall include but not be limited to alleviating global warming, reducing all forms of pollution, restoring the ecological  balance of the oceans, and assuring the well-being of all forests and animal life. The President of the United States shall have the obligation to enforce such legislation and to develop executive policies to assure the carrying out of its objectives.


B. In order to prepare the people of the United States to live as environmentally and socially responsible citizens of the world, and to recognize that our own well being as citizens of the United States depends upon the well being of everyone else on Earth and the well being of this planet itself, every educational institution receiving federal funds whether directly or through the several states, shall provide education in reading, writing and basic arithmetic, and appropriate instruction including at least one required course for all its students per year per grade level from kindergarten through 12th grade, and in any college receiving funding or financial aid or loan guarantees for its students, in:

1. the skills and capacities necessary to develop a caring society manifesting love, generosity, kindness, caring for each other and for the earth, joy, rational and scientific thinking, non-violence, celebration, thanksgiving, forgiveness, humility, compassion,  ethical and ecological sensivity, appreciation of humanity’s rich multicultural heritage as expressed in literature, art, music, religion,  and philosophy, non-violence in action and speech, skills for democratic participation including skills in how to change the opinions of fellow citizens or influence their thinking in ways that are respectful of differences and tolerant of disagreements, and how to organize fellow citizens for non-violent political action and engagement in support of causes not-yet-popular; and in

2. the appropriate scientific, ethical, and behavioral knowledge and skills required to assure the long term environmental sustainability of the planet Earth, and to do so in ways that enhance the well being of everyone on the planet.

Congress shall provide funding for such courses in all the educational institutions receiving public funds or loans or loan guarantees for students, and shall provide funding for similar courses to be made available to the non-student populations in each state.

All such courses must teach caring not only for the people and economic, social and environmental well-being of the people of the United States, but also for the economic, social and environmental well-being of all the people on the planet Earth and the well-being of the planet as well!

  The measurement of student progress in the areas covered by sections 1 and 2 being, like artistic and musical skills, difficult or impossible to measure by quantitative criteria, educational institutions supported directly or indirectly by public funds shall develop subtle and appropriate qualitative ways of evaluating adequate progress on the part of students in the areas specified, ways that contribute to and not detract from  students’ ability to love learning and to enhance their capacities to cooperate rather than compete with their fellow students in the process of intellectual and emotional growth. Teachers shall be funded to learn the skills described in points A and B and the methods of evaluation appropriate to this kind of values-oriented subject matter. 

Article Four: Implementation

A. Any corporation which moves or seeks to move its assets outside the U.S. must submit an Environmental and Social Impact report to a grand jury of ordinary citizens, and the jury shall similarly receive testimony from other stakeholders and the employees of the corporation in question to determine the impact of the moving of those assets outside the U.S. The jury shall then determine what part of those assets, up to and including all of the assets of the corporation, shall be held in the U.S. to compensate those made unemployed or otherwise disadvantaged by the corporate move of its resources elsewhere, and or to pay for other forms of environmental or social destruction of the resources or the well-being of the United States or its citizens. Conspiracy to evade this provision shall be a crime punishable by no less than twenty years in prison for all members of the board of such a corporation.

2. Any part of the Constitution or the laws fo the U.S. or any of its states deemed by a court to be in conflict with any part of this ESRA Amendment shall be null and void. Any trade arrangements, treaties, or other international agreements entered into by the United States, its citizens, or its several states, deemed by a court to be in conflict with the provisions or intent of this Amendment are hereby declared null and void.

3. Congress shall take action to provide adequate funding for all parts of this amendment and implementing legislation that seeks to fulfill the intent as stated above.

[ ] Yes! I’ll support the Campaign for the ESRA  [ ] You can use my name and identifying information as an endorser of the ESRA   [ ] I will donate $__________to support this campaign  [ ] I will seek endorsements from my civic, professional, religious, union, educational, philanthropic,  or other organizations and communities to which I belong, and/or friends, neighbors, or people in my workplace  [ ] I will seek endorsements from elected officials, city councils, state legislatures, and/or Congressional representatives [ ] I'll seek to get media to write about the ESRA [ ] I'll seek financial support from foundations, corporationsor wealthy people whom I know or create fundraising events myself.

Name________________________________________ Phone ______________________
Email ___________________________________________________________________
Home Address _____________________________________________________________
Make contributions to Tikkun and mail check or credit card info with this coupon to: ESRA c/o Tikkun, 2342 Shattuck Ave, Box 1200, Berkeley, CA 94704 or call 510-644-1200


 

ESRA: Environmental and Social Responsibility Amendment to the US Constitution Email Article To a Friend View Printable Version 

Please circulate and seek endorsements by your local city council, religious, civic and professional organizations, political parties, and your State Legislature and U.S. Congressional and Senatorial representatives.

(ESRA): The Environmental and Social Responsibility Amendment to the U.S. Constitution 
(As proposed by Rabbi Michael Lerner and Peter Gabel and advanced through the work of The Network of Spiritual Progressives www.spiritualprogressives.org)

The intent of the framers of this Amendment is to:

a. Protect the planet and its inhabitants from environmentally destructive  economic arrangements and behavior, and to increase environmental responsibility on the part of all corporations and government bodies.

b. Increase U.S. citizens’ democratic control over American economic and political institutions and ensure that all people, regardless of income, have the same electoral clout and power to shape policies and programs.

c. Promote the well-being of citizens of the United States by recognizing that our well-being depends on the well-being of the planet and all its inhabitants, which in turn requires an end to poverty, wars, and violence, and the rise of a new global ethic of genuine caring and mutual interdependence.


Article One: The Pro-Democracy Clause


A. The First & Fourteenth Amendment to the U.S. Constitution shall apply only to human beings, and not corporations, limited liability associations, and other artificial entities created by the laws of the United States.

B. Money or other currency shall not be considered a form of speech within the meaning of the First Amendment to the Constitution, and its expenditure is subject to regulation by the Congress and by the legislatures of the several States.

C. Congress shall regulate the amount of money used to disseminate ideas or shape public opinion in any federal election in order to assure that all major points of view regarding issues and candidates receive equal exposure to the greatest extent possible. Congress shall fund all major candidates for the House, Senate and Presidency in all major elections and in primaries for the nomination for president of major parties (those which have obtained at least 5% of the vote in the last election for president).  

D. In the three months prior to any election for a federal position, all media or any other means of mass communication reaching more than 300,000 people shall provide equal time to all major presidential candidates to present their views for at least an hour at least once a week, and equal time once every two weeks for congressional candidates during that media agency’s prime time. The candidates shall determine the form and content of that communication. Print media reaching more than 300,000 people shall provide equal space in the news, editorial, or  most frequently read section of the newspaper or magazine or blog site or other means of communications which may be developed in the future. During the three months prior to an election, no candidate, no political party, and no organization seeking to influence public policy may buy time in any media or form of mass communication or any other form of mass advertising including on the Internet. Major candidates shall be defined as:

a. those who have at least 5% of support as judged by the average of at least ten independent polling firms, at least two of which are selected by the candidates deemed "not major," 3 months before any given election,

b. or any candidate who can collect the signatures of 5% of the number of people who voted in the election for that office the last time that office was contested in an election. These petitions can only be signed by people eligible to vote in the relevant electoral districts. Every state shall develop similar provisions aimed at allowing candidates for the governor and state legislatures to be freed from their dependence on wealthy donors or corporations.


Article Two: Corporate Environmental and Social Responsibility


A. Every citizen of the United States and every organization chartered by the U.S. or any of its several states  shall have a responsibility to promote the ethical, environmental, and social well-being of all life on the planet Earth and on any other planet or in Space with which humans come into contact.

  This being so, corporations chartered by the Congress and by the several States shall demonstrate the ethical, environmental, and social impact of their proposed activities at the time they seek permission to operate.

In addition, any corporation with gross receipts in excess of $100 million shall obtain a new corporate charter every five years, and this charter shall be granted only if the corporation can prove a satisfactory history of environmental, social, and ethical responsibility to a grand jury of ordinary citizens chosen at random from the voting rolls of the community in which the primary activities of the corporation take place, or, if there is dispute between stakeholders and the corporation on where those primary activities take place, then in Washington, D.C.

Factors to be considered by the grand jury in determining whether a corporation will be granted a charter shall include but not be limited to:


1. The degree to which the products produced or services provided are beneficial rather than destructive to the planet and its oceans, forests, water supplies, land, and air, and the degree to which its decisions help ensure that the resources of the earth are available to future generations.


2. The degree to which it pays a living wage to all its employees and the employees of any contractors with which it does business either in the US or abroad, and arranges its pay scale such that none of its employees or contractors or members of its board of directors or officers of the corporation earn (in direct and indirect benefits combined) more than ten times the wages of its lowest full-time wage earners; the degree to which it provides equal benefits including health care, child care, retirement pensions, sick pay, and vacation time to all employees; and the degree to which its employees enjoy satisfactory safety and health conditions; and the degree to which it regularly adopts and uses indicators of its productivity and success which include factors regarding human well-being, satisfaction and participation in work, and involvement in community service by its employees and members of its top management and board of directors;


3. The degree to which it supports the needs of the communities in which it operates and in which its employees live, including the degree to which it resists the temptation to move assets or jobs to other locations where it can pay workers less or provide weaker environmental and worker protections.
4. The degree to which it encourages significant democratic participation by all its employees in corporate decision making; the degree to which it discloses to its employees and investors and the public its economic situation, the factors shaping its past decisions, and its attempts to influence public discourse,  and the degree to which it follows democratic procedures internally


5. The degree to which it treats its employees, its customers, and the people and communities in which it operates with adequate respect and genuine caring for their well-being, and rewards its employees to the extent that they engage in behaviors that manifest genuine caring, respect, kindness, generosity, and ethical and environmentally sensitive practices.


6. The degree to which its investment decisions enhance and promote the economic, social, and ethical welfare and physical & mental health and well-being of the communities in which its products may be produced, sold, or advertised and/or the communities from which it draws raw materials.

7. When assessing the environmental and social responsibility of banks, stock markets, investment firms and other corporations whose activities include the lending or investing of monies, in addition to the issues 1-6 above, the jury should also consider: the degree to which the financial institutions direct the flow of money to socially and/or envrionmentally useful activities, including non-profits serving the most disadvantaged of the society and including the financing of local business cooperatives and local community banks and to support low-income and middle income housing with affordable mortgages, rather than directing the money to speculators in finance, real estate, or other commercial activities; the degree to which it forgives loans previously given to poverty stricken countries; the degree to which it engages in misleading advertising or hides the costs of its services in small print or engages in aggressive marketing of monies for loans or preys on the most economically vulnerable; the degree to which it offers no-interest loans to those with incomes below the mean average income in the society; and the degree to which it seeks to fund directly socially useful projects and small businesses.

In making these determinations, the jury shall solicit testimony from the corporation's board of directors, from its employees, and from its stakeholders (those whose lives have been impacted by the operations of the corporation) around the US and around the world. The U.S. government shall supply funds to provide adequate means for the jury to do its investigations, to hire staff to do relevant investigations,  and to compensate jurors at a level comparable to the mean average of income in the region in which the deliberations of the jury takes place, or at the level of their current income, whichever is higher.

If the grand jury is not satisfied with the level of environmental, social, and ethical responsibility, it may put the corporation on probation and prescribe specific changes needed. If after three more years the jury is not satisfied that those changes have been adequately implemented, the jury may assign control of the board and officers of the corporation to non-management employees of the corporation and/or to its public stakeholders and/or to another group of potential corporate directors and managers who seem most likely to successfully implement the changes required by the jury, but with the condition that this new board must immediately implement the changes called for by the jury within two years time, or else the jury can reassign control of the corporation to another group of potential board members.

B Any government office or project receiving government funds that seeks to engage ln a contract (with any other corporation or limited liability entity) involving the expenditure of over $100,000 (adjusted annually for inflation) shall require that those who apply to fulfill that contract submit an Environmental and Social Responsibility Impact Report to assess the applicant’s corporate behavior in regard to the factors listed above in point A of Article II. Community stakeholders and non-supervisory employees may also submit their own assessment by filling out the Environment and Social Responsibility Impact Report. Contracts shall be rewarded to the applicant with the best record of environmental and social responsibility that can also satisfactorily fulfill the other terms of the contract.

Article Three: The Positive Requirement to Enhance Human Community and Environmental Sustainability


A. Earth being the natural and sacred home of all its peoples, Congress shall develop legislation to enhance the environmental sustainability of human communities and the planet Earth, and shall present a report annually to the American people on progress made during the previous year in ameliorating any conditions deemed by an independent group of scientists to be adverse to the planet’s long-term environmental welfare. The objectives of such legislation shall include but not be limited to alleviating global warming, reducing all forms of pollution, restoring the ecological  balance of the oceans, and assuring the well-being of all forests and animal life. The President of the United States shall have the obligation to enforce such legislation and to develop executive policies to assure the carrying out of its objectives.


B. In order to prepare the people of the United States to live as environmentally and socially responsible citizens of the world, and to recognize that our own well being as citizens of the United States depends upon the well being of everyone else on Earth and the well being of this planet itself, every educational institution receiving federal funds whether directly or through the several states, shall provide education in reading, writing and basic arithmetic, and appropriate instruction including at least one required course for all its students per year per grade level from kindergarten through 12th grade, and in any college receiving funding or financial aid or loan guarantees for its students, in:

1. the skills and capacities necessary to develop a caring society manifesting love, generosity, kindness, caring for each other and for the earth, joy, rational and scientific thinking, non-violence, celebration, thanksgiving, forgiveness, humility, compassion,  ethical and ecological sensivity, appreciation of humanity’s rich multicultural heritage as expressed in literature, art, music, religion,  and philosophy, non-violence in action and speech, skills for democratic participation including skills in how to change the opinions of fellow citizens or influence their thinking in ways that are respectful of differences and tolerant of disagreements, and how to organize fellow citizens for non-violent political action and engagement in support of causes not-yet-popular; and in

2. the appropriate scientific, ethical, and behavioral knowledge and skills required to assure the long term environmental sustainability of the planet Earth, and to do so in ways that enhance the well being of everyone on the planet.

Congress shall provide funding for such courses in all the educational institutions receiving public funds or loans or loan guarantees for students, and shall provide funding for similar courses to be made available to the non-student populations in each state.

All such courses must teach caring not only for the people and economic, social and environmental well-being of the people of the United States, but also for the economic, social and environmental well-being of all the people on the planet Earth and the well-being of the planet as well!

  The measurement of student progress in the areas covered by sections 1 and 2 being, like artistic and musical skills, difficult or impossible to measure by quantitative criteria, educational institutions supported directly or indirectly by public funds shall develop subtle and appropriate qualitative ways of evaluating adequate progress on the part of students in the areas specified, ways that contribute to and not detract from  students’ ability to love learning and to enhance their capacities to cooperate rather than compete with their fellow students in the process of intellectual and emotional growth. Teachers shall be funded to learn the skills described in points A and B and the methods of evaluation appropriate to this kind of values-oriented subject matter. 

Article Four: Implementation

A. Any corporation which moves or seeks to move its assets outside the U.S. must submit an Environmental and Social Impact report to a grand jury of ordinary citizens, and the jury shall similarly receive testimony from other stakeholders and the employees of the corporation in question to determine the impact of the moving of those assets outside the U.S. The jury shall then determine what part of those assets, up to and including all of the assets of the corporation, shall be held in the U.S. to compensate those made unemployed or otherwise disadvantaged by the corporate move of its resources elsewhere, and or to pay for other forms of environmental or social destruction of the resources or the well-being of the United States or its citizens. Conspiracy to evade this provision shall be a crime punishable by no less than twenty years in prison for all members of the board of such a corporation.

2. Any part of the Constitution or the laws fo the U.S. or any of its states deemed by a court to be in conflict with any part of this ESRA Amendment shall be null and void. Any trade arrangements, treaties, or other international agreements entered into by the United States, its citizens, or its several states, deemed by a court to be in conflict with the provisions or intent of this Amendment are hereby declared null and void.

3. Congress shall take action to provide adequate funding for all parts of this amendment and implementing legislation that seeks to fulfill the intent as stated above.

[ ] Yes! I’ll support the Campaign for the ESRA  [ ] You can use my name and identifying information as an endorser of the ESRA   [ ] I will donate $__________to support this campaign  [ ] I will seek endorsements from my civic, professional, religious, union, educational, philanthropic,  or other organizations and communities to which I belong, and/or friends, neighbors, or people in my workplace  [ ] I will seek endorsements from elected officials, city councils, state legislatures, and/or Congressional representatives [ ] I'll seek to get media to write about the ESRA [ ] I'll seek financial support from foundations, corporationsor wealthy people whom I know or create fundraising events myself.

Name________________________________________ Phone ______________________
Email ___________________________________________________________________
Home Address _____________________________________________________________
Make contributions to Tikkun and mail check or credit card info with this coupon to: ESRA c/o Tikkun, 2342 Shattuck Ave, Box 1200, Berkeley, CA 94704 or call 510-644-1200


 

ESRA: Environmental and Social Responsibility Amendment to the US Constitution Email Article To a Friend View Printable Version 

Please circulate and seek endorsements by your local city council, religious, civic and professional organizations, political parties, and your State Legislature and U.S. Congressional and Senatorial representatives.

(ESRA): The Environmental and Social Responsibility Amendment to the U.S. Constitution 
(As proposed by Rabbi Michael Lerner and Peter Gabel and advanced through the work of The Network of Spiritual Progressives www.spiritualprogressives.org)

The intent of the framers of this Amendment is to:

a. Protect the planet and its inhabitants from environmentally destructive  economic arrangements and behavior, and to increase environmental responsibility on the part of all corporations and government bodies.

b. Increase U.S. citizens’ democratic control over American economic and political institutions and ensure that all people, regardless of income, have the same electoral clout and power to shape policies and programs.

c. Promote the well-being of citizens of the United States by recognizing that our well-being depends on the well-being of the planet and all its inhabitants, which in turn requires an end to poverty, wars, and violence, and the rise of a new global ethic of genuine caring and mutual interdependence.


Article One: The Pro-Democracy Clause


A. The First & Fourteenth Amendment to the U.S. Constitution shall apply only to human beings, and not corporations, limited liability associations, and other artificial entities created by the laws of the United States.

B. Money or other currency shall not be considered a form of speech within the meaning of the First Amendment to the Constitution, and its expenditure is subject to regulation by the Congress and by the legislatures of the several States.

C. Congress shall regulate the amount of money used to disseminate ideas or shape public opinion in any federal election in order to assure that all major points of view regarding issues and candidates receive equal exposure to the greatest extent possible. Congress shall fund all major candidates for the House, Senate and Presidency in all major elections and in primaries for the nomination for president of major parties (those which have obtained at least 5% of the vote in the last election for president).  

D. In the three months prior to any election for a federal position, all media or any other means of mass communication reaching more than 300,000 people shall provide equal time to all major presidential candidates to present their views for at least an hour at least once a week, and equal time once every two weeks for congressional candidates during that media agency’s prime time. The candidates shall determine the form and content of that communication. Print media reaching more than 300,000 people shall provide equal space in the news, editorial, or  most frequently read section of the newspaper or magazine or blog site or other means of communications which may be developed in the future. During the three months prior to an election, no candidate, no political party, and no organization seeking to influence public policy may buy time in any media or form of mass communication or any other form of mass advertising including on the Internet. Major candidates shall be defined as:

a. those who have at least 5% of support as judged by the average of at least ten independent polling firms, at least two of which are selected by the candidates deemed "not major," 3 months before any given election,

b. or any candidate who can collect the signatures of 5% of the number of people who voted in the election for that office the last time that office was contested in an election. These petitions can only be signed by people eligible to vote in the relevant electoral districts. Every state shall develop similar provisions aimed at allowing candidates for the governor and state legislatures to be freed from their dependence on wealthy donors or corporations.


Article Two: Corporate Environmental and Social Responsibility


A. Every citizen of the United States and every organization chartered by the U.S. or any of its several states  shall have a responsibility to promote the ethical, environmental, and social well-being of all life on the planet Earth and on any other planet or in Space with which humans come into contact.

  This being so, corporations chartered by the Congress and by the several States shall demonstrate the ethical, environmental, and social impact of their proposed activities at the time they seek permission to operate.

In addition, any corporation with gross receipts in excess of $100 million shall obtain a new corporate charter every five years, and this charter shall be granted only if the corporation can prove a satisfactory history of environmental, social, and ethical responsibility to a grand jury of ordinary citizens chosen at random from the voting rolls of the community in which the primary activities of the corporation take place, or, if there is dispute between stakeholders and the corporation on where those primary activities take place, then in Washington, D.C.

Factors to be considered by the grand jury in determining whether a corporation will be granted a charter shall include but not be limited to:


1. The degree to which the products produced or services provided are beneficial rather than destructive to the planet and its oceans, forests, water supplies, land, and air, and the degree to which its decisions help ensure that the resources of the earth are available to future generations.


2. The degree to which it pays a living wage to all its employees and the employees of any contractors with which it does business either in the US or abroad, and arranges its pay scale such that none of its employees or contractors or members of its board of directors or officers of the corporation earn (in direct and indirect benefits combined) more than ten times the wages of its lowest full-time wage earners; the degree to which it provides equal benefits including health care, child care, retirement pensions, sick pay, and vacation time to all employees; and the degree to which its employees enjoy satisfactory safety and health conditions; and the degree to which it regularly adopts and uses indicators of its productivity and success which include factors regarding human well-being, satisfaction and participation in work, and involvement in community service by its employees and members of its top management and board of directors;


3. The degree to which it supports the needs of the communities in which it operates and in which its employees live, including the degree to which it resists the temptation to move assets or jobs to other locations where it can pay workers less or provide weaker environmental and worker protections.
4. The degree to which it encourages significant democratic participation by all its employees in corporate decision making; the degree to which it discloses to its employees and investors and the public its economic situation, the factors shaping its past decisions, and its attempts to influence public discourse,  and the degree to which it follows democratic procedures internally


5. The degree to which it treats its employees, its customers, and the people and communities in which it operates with adequate respect and genuine caring for their well-being, and rewards its employees to the extent that they engage in behaviors that manifest genuine caring, respect, kindness, generosity, and ethical and environmentally sensitive practices.


6. The degree to which its investment decisions enhance and promote the economic, social, and ethical welfare and physical & mental health and well-being of the communities in which its products may be produced, sold, or advertised and/or the communities from which it draws raw materials.

7. When assessing the environmental and social responsibility of banks, stock markets, investment firms and other corporations whose activities include the lending or investing of monies, in addition to the issues 1-6 above, the jury should also consider: the degree to which the financial institutions direct the flow of money to socially and/or envrionmentally useful activities, including non-profits serving the most disadvantaged of the society and including the financing of local business cooperatives and local community banks and to support low-income and middle income housing with affordable mortgages, rather than directing the money to speculators in finance, real estate, or other commercial activities; the degree to which it forgives loans previously given to poverty stricken countries; the degree to which it engages in misleading advertising or hides the costs of its services in small print or engages in aggressive marketing of monies for loans or preys on the most economically vulnerable; the degree to which it offers no-interest loans to those with incomes below the mean average income in the society; and the degree to which it seeks to fund directly socially useful projects and small businesses.

In making these determinations, the jury shall solicit testimony from the corporation's board of directors, from its employees, and from its stakeholders (those whose lives have been impacted by the operations of the corporation) around the US and around the world. The U.S. government shall supply funds to provide adequate means for the jury to do its investigations, to hire staff to do relevant investigations,  and to compensate jurors at a level comparable to the mean average of income in the region in which the deliberations of the jury takes place, or at the level of their current income, whichever is higher.

If the grand jury is not satisfied with the level of environmental, social, and ethical responsibility, it may put the corporation on probation and prescribe specific changes needed. If after three more years the jury is not satisfied that those changes have been adequately implemented, the jury may assign control of the board and officers of the corporation to non-management employees of the corporation and/or to its public stakeholders and/or to another group of potential corporate directors and managers who seem most likely to successfully implement the changes required by the jury, but with the condition that this new board must immediately implement the changes called for by the jury within two years time, or else the jury can reassign control of the corporation to another group of potential board members.

B Any government office or project receiving government funds that seeks to engage ln a contract (with any other corporation or limited liability entity) involving the expenditure of over $100,000 (adjusted annually for inflation) shall require that those who apply to fulfill that contract submit an Environmental and Social Responsibility Impact Report to assess the applicant’s corporate behavior in regard to the factors listed above in point A of Article II. Community stakeholders and non-supervisory employees may also submit their own assessment by filling out the Environment and Social Responsibility Impact Report. Contracts shall be rewarded to the applicant with the best record of environmental and social responsibility that can also satisfactorily fulfill the other terms of the contract.

Article Three: The Positive Requirement to Enhance Human Community and Environmental Sustainability


A. Earth being the natural and sacred home of all its peoples, Congress shall develop legislation to enhance the environmental sustainability of human communities and the planet Earth, and shall present a report annually to the American people on progress made during the previous year in ameliorating any conditions deemed by an independent group of scientists to be adverse to the planet’s long-term environmental welfare. The objectives of such legislation shall include but not be limited to alleviating global warming, reducing all forms of pollution, restoring the ecological  balance of the oceans, and assuring the well-being of all forests and animal life. The President of the United States shall have the obligation to enforce such legislation and to develop executive policies to assure the carrying out of its objectives.


B. In order to prepare the people of the United States to live as environmentally and socially responsible citizens of the world, and to recognize that our own well being as citizens of the United States depends upon the well being of everyone else on Earth and the well being of this planet itself, every educational institution receiving federal funds whether directly or through the several states, shall provide education in reading, writing and basic arithmetic, and appropriate instruction including at least one required course for all its students per year per grade level from kindergarten through 12th grade, and in any college receiving funding or financial aid or loan guarantees for its students, in:

1. the skills and capacities necessary to develop a caring society manifesting love, generosity, kindness, caring for each other and for the earth, joy, rational and scientific thinking, non-violence, celebration, thanksgiving, forgiveness, humility, compassion,  ethical and ecological sensivity, appreciation of humanity’s rich multicultural heritage as expressed in literature, art, music, religion,  and philosophy, non-violence in action and speech, skills for democratic participation including skills in how to change the opinions of fellow citizens or influence their thinking in ways that are respectful of differences and tolerant of disagreements, and how to organize fellow citizens for non-violent political action and engagement in support of causes not-yet-popular; and in

2. the appropriate scientific, ethical, and behavioral knowledge and skills required to assure the long term environmental sustainability of the planet Earth, and to do so in ways that enhance the well being of everyone on the planet.

Congress shall provide funding for such courses in all the educational institutions receiving public funds or loans or loan guarantees for students, and shall provide funding for similar courses to be made available to the non-student populations in each state.

All such courses must teach caring not only for the people and economic, social and environmental well-being of the people of the United States, but also for the economic, social and environmental well-being of all the people on the planet Earth and the well-being of the planet as well!

  The measurement of student progress in the areas covered by sections 1 and 2 being, like artistic and musical skills, difficult or impossible to measure by quantitative criteria, educational institutions supported directly or indirectly by public funds shall develop subtle and appropriate qualitative ways of evaluating adequate progress on the part of students in the areas specified, ways that contribute to and not detract from  students’ ability to love learning and to enhance their capacities to cooperate rather than compete with their fellow students in the process of intellectual and emotional growth. Teachers shall be funded to learn the skills described in points A and B and the methods of evaluation appropriate to this kind of values-oriented subject matter. 

Article Four: Implementation

A. Any corporation which moves or seeks to move its assets outside the U.S. must submit an Environmental and Social Impact report to a grand jury of ordinary citizens, and the jury shall similarly receive testimony from other stakeholders and the employees of the corporation in question to determine the impact of the moving of those assets outside the U.S. The jury shall then determine what part of those assets, up to and including all of the assets of the corporation, shall be held in the U.S. to compensate those made unemployed or otherwise disadvantaged by the corporate move of its resources elsewhere, and or to pay for other forms of environmental or social destruction of the resources or the well-being of the United States or its citizens. Conspiracy to evade this provision shall be a crime punishable by no less than twenty years in prison for all members of the board of such a corporation.

2. Any part of the Constitution or the laws fo the U.S. or any of its states deemed by a court to be in conflict with any part of this ESRA Amendment shall be null and void. Any trade arrangements, treaties, or other international agreements entered into by the United States, its citizens, or its several states, deemed by a court to be in conflict with the provisions or intent of this Amendment are hereby declared null and void.

3. Congress shall take action to provide adequate funding for all parts of this amendment and implementing legislation that seeks to fulfill the intent as stated above.

[ ] Yes! I’ll support the Campaign for the ESRA  [ ] You can use my name and identifying information as an endorser of the ESRA   [ ] I will donate $__________to support this campaign  [ ] I will seek endorsements from my civic, professional, religious, union, educational, philanthropic,  or other organizations and communities to which I belong, and/or friends, neighbors, or people in my workplace  [ ] I will seek endorsements from elected officials, city councils, state legislatures, and/or Congressional representatives [ ] I'll seek to get media to write about the ESRA [ ] I'll seek financial support from foundations, corporationsor wealthy people whom I know or create fundraising events myself.

Name________________________________________ Phone ______________________
Email ___________________________________________________________________
Home Address _____________________________________________________________
Make contributions to Tikkun and mail check or credit card info with this coupon to: ESRA c/o Tikkun, 2342 Shattuck Ave, Box 1200, Berkeley, CA 94704 or call 510-644-1200


 

Responding to the Supreme Court's "Citizens United" decision

Constitutional Amendments to preserve democracy & require corporate environmental & social  responsibility

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The following two amendments are examples of the “short” version that will also be endorsed by Tikkun/NSP as the more “realistic” version and the less realistic ESRA the Environmental and Social Responsibility Åmendment to the U.S. Constitution.It is our strategy to back both, understanding that neither is likely to pass in the next few years given the configuration of Congress and state legislatures. We give special emphasis to the ESRA because we believe that it will be a better vehicle for public education to put the issue of democratic control of elections, environmental responsibility, and a vision of the kind of society we'd like to live in. 

Congressperson Edwards and Conyers Amendment version one

`Section 1. The sovereign right of the people to govern being essential to a free democracy, Congress and the States may regulate the expenditure of funds for political speech by any corporation, limited liability company, or other corporate entity.

`Section 2. Nothing contained in this Article shall be construed to abridge the freedom of the press.'.


 


  The following is a proposed versions of the longer, less "realistic" Amendment that would be the second part of our campaign. 

ESRA: The Environmental and Social Responsibility Amendment to the U.S. Constitution 

 Email Article To a Friend View Printable Version  This is the current draft as of May 15, 2010. Final version will be determined after incorporating the suggestions we get at the June 11-14 strategy conference in Washington D.C. (info and registration at www.spiritualprogressives.org/conference

The intent of the framers of this Amendment is to:

a.    Protect the planet and its inhabitants from environmentally destructive behavior and economic arrangements, and to increase environmental responsibility on the part of all corporations and government bodies.

b.   Increase U.S. citizens’ democratic control over American economic and political institutions and ensure that all people, regardless of income, have the same electoral clout and power to shape policies and programs.

c.    Promote the well-being of citizens of the United States by recognizing that our well-being depends on the well-being of the planet and all its inhabitants, which in turn requires an end to poverty, wars, and violence, and the rise of a new global ethic of genuine caring and interdependence.

Article One: The Pro-Democracy Clause

A. The First Amendment to the U.S. Constitution shall apply only to human beings, and not corporations, limited liability associations, and other artificial entities created by the laws of the United States.

B.  Money or other currency shall not be considered a form of speech within the meaning of the First Amendment to the Constitution, and its expenditure is subject to regulation by the Congress and by the legislatures of the several States.

C.  Congress shall regulate the amount of money used to disseminate ideas or shape public opinion in any federal election in order to assure that all major points of view regarding issues and candidates receive equal exposure to the greatest extent possible. Congress shall fund all major candidates for the House, Senate and Presidency in all major elections by establishing a fee of not less than $5 per citizen per year, adjusted annually for inflation, to be paid from income taxes on all those with incomes above the poverty level as determined by the Department of Labor.

D.  In the three months prior to any election for a federal position, all media or any other means of mass communication reaching more than 300,000 people shall provide equal time to all major presidential candidates to present their views for at least an hour at least once a week, and equal time once every two weeks for congressional candidates during that media agency’s prime time. The candidates shall determine the form and content of that communication. During the three months prior to an election, no candidate, no political party, and no organization seeking to influence public policy may buy time in any media or form of mass communication or any other form of mass advertising including on the Internet.  Major candidates shall be defined as:

a.    those who have at least 5% of support as judged by an independent polling firm 3 months before any given election,

b.   or any candidate who can collect the signatures of 5% of the number of people who voted in the election for that office the last time that office was contested in an election. These petitions can only be signed by people eligible to vote in the relevant electoral districts. Every state shall be instructed to develop similar provisions aimed at allowing candidates for the governor and state legislatures to be freed from their dependence on wealthy donors.

Article Two: Corporate Environmental and Social Responsibility

A.  Every citizen of the United States and every organization chartered by the U.S. or any of its several states, shall have a responsibility to  promote the ethical, environmental, and social well-being of all life on the planet Earth. This being so, corporations chartered by the Congress and by the several States shall demonstrate the ethical, environmental, and social impact of their proposed activities at the time they seek permission to operate.  In addition, any corporation with gross receipts of in excess of $100 million shall obtain a new corporate charter every five years, and this charter shall be granted only if the corporation can prove a satisfactory history of environmental, social, and ethical responsibility to a grand jury of ordinary citizens.

Factors to be considered by the grand jury in determining whether a corporation shall include but not be limited to:

1.   The degree to which the products produced or services provided are beneficial rather than destructive to the planet and its oceans, forests, water supplies, soils and air, and the degree to which its decisions help ensure that the resources of Earth are available to future generations.

2.   The degree to which it pays a living wage to all and arranges its pay scale such that none of its employees or contractors earn more than ten times the wages of its lowest full-time wage earners; the degree to which it provides equal benefits including health care, child care, retirement pensions, sick pay, and vacation time to all employees; and the degree to which its employees enjoy satisfactory safety and health conditions.

3.    The degree to which it supports the needs of the communities in which it operates and in which its employees live, including the degree to which it resists the temptation to move assets or jobs to other locations where it can pay workers less or provide weaker environmental and worker protections.

4.    The degree to which it encourages significant democratic participation by all its employees in corporate decision making; the degree to which it discloses to its employees its economic situation, the factors shaping its past decisions, and its attempts to influence public discourse; and the degree to which it follows democratic procedures internally, including but not limited to the right of employees to elect and recall their supervisors

5.    The degree to which it treats its employees, its customers, and the people and communities in which it operates with adequate respect and genuine caring for their well-being, and rewards its employees to the extent that they engage in behavior that manifest genuine caring, respect, kindness, generosity, and ethical and environmentally sensitive practices.

6.    The degree to which its investment decisions enhance and promote the economic, social, and ethical welfare of the communities in which its products may be produced, sold, or advertised.

If the grand jury is not satisfied with the level of environmental, social, and ethical responsibility, it may put the corporation on probation and prescribe specific changes needed. If after three more years the jury is not satisfied that those changes have been adequately implemented, the jury may assign control of the board and officers of the corporation to non-management employees of the corporation and/or to its public stakeholders and/or to another group of corporate directors and managers who seem most likely to successfully implement the changes required by the jury.

B.  Any government office or project receiving government funds that seeks to engage in a contract (with any other corporation or limited liability entity) involving the expenditure of over $100,000 (adjusted annually for inflation) shall require that those who apply to fulfill that contract submit an Environmental and Social Responsibility Impact Report to assess the applicant’s corporate behavior in regard to the factors listed above in point A of Article II. Community stakeholders and non-supervisory employees may also submit their own assessment by filling out the Environment and Social Responsibility Impact Report. Contracts shall be rewarded to the applicant with the best record of environmental and social responsibility that can also satisfactorily fulfill the other terms of the contract.

Article Three: The Positive Requirement to Enhance Human Community and Environmental Sustainability

A. Earth being the natural and sacred home of all its peoples, Congress shall develop legislation to enhance the environmental sustainability of human communities  and the planet Earth, and shall present a report annually to the American people on progress made during the previous year in ameliorating any conditions deemed by an independent group of scientists to be adverse to the planet’s long-term environmental welfare. The objectives of such legislation shall include but not be limited to alleviating global warming, reducing all forms of pollution, restoring the ecological balance of the oceans, and assuring the well-being of all forests and animal life. The President of the United States shall have the obligation to enforce such legislation and to develop executive policies to assure the carrying out of its objectives.

B.

                  In order to prepare the people of the United States to live as environmentally and socially responsible citizens of the world, and to recognize that our own well being as citizens of the United States depend upon the well being of everyone else on Earth and the well being of this planet itself, every educational institution receiving federal funds whether directly or through the several states, shall provide education in reading, writing and basic arithmetic, and  appropriate instruction including at least one required course per year per grade level from kindergarten through 12th grade, to all of its students in:

1. the skills and capacities necessary to develop a caring society manifesting love, generosity, kindness, joy, celebration thanksgiving, and humility, non-violence, rational and scientific thinking, and religion, ethical and ecological sensitivity,  appreciation of humanity’s rich multicultural heritage expressed in literature, art, music, philosophy, and history, the cultivation and preparation of food, the range of approaches to health and healing, and the capacity to experience awe, wonder and radical amazement at the grandeur and mystery of the universe and the potential for the growth of human consciousness; and

2. the appropriate scientific, ethical, and behavioral knowledge and skills required to assure the long term environmental sustainability of the planet Earth, and to do so in ways that enhance the well being of everyone on the planet, and our human capacities to live in harmony with animals and with nature and to repair the damage done to Earth and other parts of the universe by previous human interactions that were not adequately sensitive to environmental issues; and to guarantee that Earth is not further damaged by military activities and that the rest of the universe to which we humans have access is barred from militarization by the human race;  and 

 3.   The measurement of student progress in the areas covered by sections and 1 and 2 being,  like artistic and musical skills,   difficult or impossible to measure by quantitative criteria, educational institutions affected by this article shall develop subtle and appropriate qualitative ways of evaluating adequate progress on the part of students in the areas specified, ways that contribute to and not detract from   students’ ability to love learning and to enhance their capacities to cooperate rather than compete with their fellow students in the process of intellectual and emotional  growth.