An Act of the People of the State of Arizona to Amend the Constitution of the State of Arizona in Order to Protect the Rights of Natural Persons From Encroachment by Corporations and Other Forms of Legal Entity

Whereas, "Person," "persons," and "people" are terms of common, natural, and plain meaning indicating natural human beings either individually or in the plural;

Whereas, In every instance of the use of the words "person," "persons," or "people" in the United States Constitution it is plainly, unequivocally, and certainly intended to mean only natural persons, who may establish the Constitution, be born, live, die, be individually counted, assemble with one another, vote, hold office, take an oath, live in a house, bear arms, commit treason, flee a state, etc., and thus not meant to include artificial or legally created entities or enterprises who are incapable of these human acts;

Whereas, All political power is inherent in the people while corporations and other legal entities are by their nature creatures of law and dependent upon the law;

Whereas, A corporation or other legal entity may be bought and sold while a person may not;

Whereas, The Tenth Amendment of the United States Constitution provides,"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people";

Whereas, The United States Constitution does not contain the word "corporation," nor any of its derivative forms, and is silent about the creation of corporations or other such legally created or chartered enterprises;

Whereas, The existence of a State corporation or other legal entity arises solely from the sovereignty of the people of the State acting through their Constitution and government;

Whereas, A State may impose the same restrictions upon foreign corporations and other legal entities doing business within its borders as it imposes upon its own corporations and legal entities;

Whereas, Corporate enterprises and other legal entities formed under the laws of the United States are empowered for their specific purposes subject to limitation on their rights by Congressional restriction, and there is no occasion to grant special rights or privileges to federal corporations without an express act of Congress requiring such a grant under the Supremacy clause;

Whereas, Human rights are a distinct class or species of rights, being inherent in and inalienable to natural persons; and therefore distinguishable from the rights of corporations or other legal entities which are creatures of law not nature;

Whereas, The rights, privileges, and immunities of corporations, and other forms of legal entity, such as ownership of property, special tax advantages, and the blessings of potentially perpetual existence and limited liability, arise from and exist only to affect the purpose for which the legal entity is created under the law;

Whereas, Article 14, Section 9 of the Arizona Constitution embodies the standard view of the status and role of corporations in the life of the American people stating, "The right of exercising eminent domain shall never be so abridged or construed as to prevent the State from taking the property and the franchises of incorporated companies and subjecting them to public use the same as the property of individuals.

Because, The influence of corporations wielding their amassed wealth and power in legislatures and the courts have transformed the law, including removing the language in most state constitutions which had asserted citizen authority over corporations, and usurped civil and political rights and privileges that were intended only for natural human beings under the Constitution of the United States

Because, Applying the terms "person" or "persons" alternately to sometimes mean only natural persons and at other times to include corporations and legal entities contributes directly to the confusion both of the people and the judiciary in understanding, interpreting, and applying the Constitution and laws of Arizona;

Therefore, Be it enacted by the People of the State of Arizona:

Section 1: Title: This act shall be known as the Natural Person Protection and Corporate Accountability Act.

Section 2: Article 2, Section 2, of the Constitution is amended to read:

All political power is inherent in the people NATURAL PERSONS, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights THE RIGHTS OF
NATURAL PERSONS.

Section 3: Article 2, Section 4, of the Constitution is amended to read:

No NATURAL person shall be deprived of life, liberty, or property without due process of law.

Section 4: Article 2, Section 13, of the Constitution is amended to read:

No law shall be enacted granting to any citizen OR class of citizens, or corporation other than municipal, privileges
or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.

CORPORATIONS ARE NOT NATURAL PERSONS AND THEREFORE SHALL NOT HAVE THE PRIVILEGES OR IMMUNITIES OF CITIZENS. CORPORATIONS MAY HAVE THOSE PRIVILEGES OR IMMUNITIES EXPRESSLY GRANTED BY THE PEOPLE THAT ARE ESSENTIAL AND NECESSARY TO THE STATUS AND ROLE OF CORPORATIONS, BUT NO LAW SHALL BE ENACTED GRANTING TO ANY CORPORATION, OR OTHER LEGAL ENTITY, OTHER THAN MUNICIPAL, PRIVILEGES AND IMMUNITIES WHICH, UPON THE SAME TERMS SHALL NOT EQUALLY BELONG TO ALL CORPORATIONS OR CLASSES OF LEGAL ENTITIES.

Section 5: Article 2, Section 35, of the Constitution is added to read:

SECTION 35. IN THE CONSTITUTION AND THE ARIZONA REVISED STATUTES (THE TERMS "PERSON," "PEOPLE," "INDIVIDUAL," AND "CITIZEN" MEAN NATURAL HUMAN BEINGS IN THE SINGULAR OR PLURAL AND SHALL NOT BE CONSTRUED TO INCLUDE A CORPORATION OR ANY FORM OF LEGAL ORGANIZATION OR ENTITY, AND THE LEGISLATURE MAY NOT PROVIDE OTHERWISE. TO AID IN THE JUST APPLICATION AND CONSTRUCTION OF THE RELATIVE RIGHTS OF PERSONS AND CORPORATIONS, OTHER THAN MUNICIPAL CORPORATIONS, UNDER THE LAWS OF THE STATE OF ARIZONA, THE FOLLOWING MAXIMS OF PERSONHOOD SHALL BE USED BY THE COURTS OF ARIZONA:

A PERSON MAY BE A CITIZEN AND HAVE CITIZENSHIP; A CORPORATION MAY NOT BE A CITIZEN BUT MAY HAVE CITIZENSHIP FOR PURPOSES OF JURISDICTION AND LAWFUL EXISTENCE.

A PERSON MAY BE A WITNESS; JUROR, ELECTOR, VOTER, LEGISLATOR, OFFICE HOLDER, JUDGE, OR SOLDIER, A CORPORATION MAY NOT.

A PERSON MAY HAVE THE CHARACTERISTICS OF SEX, RACE, CREED, COLOR, ETHNICITY, OR NATIONAL ORIGIN; A CORPORATION MAY NOT HAVE SUCH CHARACTERISTICS.

SUBJECT TO SPECIFIC PROVISIONS OR LIMITATIONS OF LAW, BOTH A PERSON AND A CORPORATION MAY BE A LICENSOR, LICENSEE, CREDITOR, DEBTOR, SHAREHOLDER, MEMBER, PARTNER, PRINCIPAL, OR AGENT, ENTER INTO CONTRACTS, AND BE HELD ACCOUNTABLE FOR WRONGDOING.

A PERSON MAY BE INCARCERATED OR IMPRISONED FOR WRONGDOING; A CORPORATION MAY HAVE THE SCOPE OF ITS CONDUCT OR FUNCTION RESTRICTED OR ITS ASSETS IMPOUNDED OR ATTACHED FOR WRONGDOING.

A PERSON MAY BE SUBJECT TO CAPITAL PUNISHMENT BY THE STATE; A CORPORATION MAY HAVE ITS CHARTER, ARTICLES, OR ORGANIZATIONAL AUTHORITY REVOKED AND BE INVOLUNTARILY DISSOLVED BY THE STATE.

A PERSON MAY HAVE A HOME: A CORPORATION DOES NOT HAVE A HOME BUT MAY HAVE A HEADQUARTERS, OFFICE, OR PLACE OF DOING BUSINESS.

A PERSON SPEAKS FOR HIM OR HER SELF ON HIS OR HER OWN AUTHORITY; A CORPORATION MUST SPEAK THROUGH PERSONS WHO DO NOT SPEAK FOR THEMSELVES BUT ONLY UPON THE AUTHORITY OF THE ENTITY’S GOVERNING BODY.

A PERSON MAY HAVE A REASONABLE EXPECTATION OF PRIVACY: A CORPORATION DOES NOT HAVE A RIGHT OF PRIVACY BUT MAY HAVE A REASONABLE EXPECTATION OF CONFIDENTIAL SECURITY IN ITS PAPERS AND EFFECTS AS A NECESSARY INCIDENT OF ITS EXISTENCE. A CORPORATION’S EXPECTATION OF SECURITY IS SUBJECT TO THE LIMITATIONS ESTABLISHED BY THE STATE, INCLUDING AN ENTITY-SPECIFIC STANDARD OF SEARCH AND SEIZURE, IF ESTABLISHED, WHICH IS NOT AUTOMATICALLY COEXTENSIVE WITH A PERSON’S PROTECTION UNDER THE UNITED STATES CONSTITUTION.

A PERSON MAY NOT BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS OF LAW; A CORPORATION, THOUGH HAVING NEITHER LIFE NOR LIBERTY, DOES HAVE LEGAL EXISTENCE AND PURPOSE AND MAY NOT BE DEPRIVED OF PROPERTY OR THE RIGHT TO CARRY OUT ITS PURPOSEFUL FUNCTION WITHOUT DUE PROCESS OF LAW.

A PERSON MAY NOT BE DEPRIVED EQUAL PROTECTION UNDER THE LAW: A CORPORATION’S PROTECTION UNDER THE LAW IS NOT EQUAL TO A PERSON’S, BUT A CORPORATION MAY NOT BE DEPRIVED PROTECTION UNDER THE LAW EQUAL TO ANY OTHER CORPORATION UNLESS THE STATE SPECIFICALLY FINDS THAT A DIFFERENT PROTECTION IS WARRANTED BY THE OBJECT OR PURPOSES OF THE CORPORATION AND DOES NOT DEPRIVE THE ENTITY OF RIGHTS NECESSARILY INCIDENTAL TO ITS EXISTENCE.

Section 6: Article 14, Section 1, of the Constitution is amended to read:

A CORPORATION IS A LEGAL ENTITY ESTABLISHED BY LAW AND EXISTING, INVISIBLE AND INTANGIBLE, ONLY IN CONTEMPLATION OF LAW AND AS A CREATURE OF LAW, AND the term "corporation," as used in this article, shall be construed to include all associations and joint stock companies having any powers or privileges of corporations, not possessed by individuals or co-partnerships, and all corporations shall have the right to sue and shall be subject to be sued, in all courts, in like cases as natural persons LEGAL ENTITIES.

Section 7: Article 14, Section 9 of the Constitution is amended to read:

The right of exercising eminent domain shall never be so abridged or construed as to prevent the State from taking the property and the franchises of incorporated companies and subjecting them to public use the same as the property of individuals, AND THE EXERCISE OF THE POLICE POWER OF THE STATE SHALL NEVER BE SO ABRIDGED OR CONSTRUED AS TO PERMIT CORPORATIONS TO CONDUCT BUSINESS IN SUCH MANNER AS TO INFRINGE THE RIGHTS OF INDIVIDUALS OR THE GENERAL WELL-BEING OF THE STATE.

Section 8: Article 14, Section 20 of the Constitution is added to read:

SECTION 20: (A) "LEGAL ENTITY" MEANS A CORPORATION, BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP, LIMITED PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, JOINT VENTURE, GOVERNMENT, GOVERNMENTAL SUBDIVISION, AGENCY, OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY, UNLESS DEFINED OTHERWISE WITHIN A SPECIFIC STATUTE.

(B) CORPORATIONS AND OTHER LEGAL ENTITIES ARE NOT PERSONS, "ARTIFICIAL" OR OTHERWISE, AND THE LEGAL FICTION OF "CORPORATE PERSONHOOD" BEING PERNICIOUS AND REPUGNANT TO HUMAN DIGNITY SHALL NOT BE AVAILABLE AS A DEFENSE TO ANY ACTION WHICH MAY BE BROUGHT AGAINST A CORPORATION. CORPORATIONS SHALL HAVE ONLY THOSE DEFENSES EXPRESSLY ESTABLISHED BY LAW OR ESSENTIAL AND NECESSARY TO THE STATUS AND ROLE OF CORPORATIONS.

(C) NOTWITHSTANDING THAT IT IS COMPRISED OF ASSOCIATED NATURAL PERSONS, A LEGAL ENTITY, BEING A MERE CREATION OF LAW WITH NEITHER NATURALLY INHERENT LIFE NOR LIBERTY, IS NOT INVESTED WITH THE INALIENABLE RIGHTS OF NATURAL PERSONS AND IS ONLY INVESTED WITH THOSE RIGHTS THAT ARE GRANTED BY THE STATE OR ARE INCIDENTAL TO ITS VERY EXISTENCE, AMONG WHICH INCIDENTAL RIGHTS ARE EXERCISING AND DEFENDING ITS PURPOSES AND FUNCTION, ACQUIRING, POSSESSING, AND PROTECTING PROPERTY, AND PURSUING, AND OBTAINING SECURITY, EARNINGS, TRADE SECRETS, OR OTHER BENEFITS TO IT OR ITS SHAREHOLDERS, PARTNERS, OR MEMBERS.

Section 9: Transition provisions.

(a) This Act shall take affect six months after the date of adoption by the voters. Within the six months between adoption of this Act and its date of effect and in order to accomplish a smooth transition in those statutes and areas of law where "person" has heretofore included corporations or other legal entities, the State legislature may adopt, by two-thirds majority and to take effect concurrently with this Act, any urgency legislation that is needed to carry out the intent and purposes of this Act, including but not limited to identifying those instances in the Arizona Revised Statutes where the word "person" occurs and the phrase "or legal entity" should be inserted as an amendment after the word "person" in the manner of this Act. Such legislation shall not make any changes to this Act or any substantive change in the law. Nothing in this section shall prohibit the State legislature from enacting any legislation in its due course.

(b) For one year after this Act takes effect, in those county, city, municipal, district, or other local government ordinances, laws or regulations that previously included within the term "person" a corporation or other legal entity, the term "person" shall continue to be presumed to mean "person or legal entity" for purposes of enforcement. This is a rebuttable presumption. This presumption will terminate after one year, and thereafter no inference of inclusion of "legal entity" shall be made where it has not been added by amendment.

Section 10: Severability

If any provision of this Act, or the application thereof to any person, legal entity, or circumstance, is held invalid, the remainder of the Act, or the application of such provision to other persons, legal entities, or circumstances, shall not be affected thereby.