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.
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.
Article One: The Pro-Democracy Clause
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 SustainabilityA. 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.
For our explanation of why we have written it this way, as printed in the Septemeber/October 2010 issue of Tikkun, in the Q&A here.