…In the early days of the republic it all might have been different had Thomas Jefferson and James Madison prevailed over Federalists John Adams and Alexander Hamilton. Jefferson and Madison believed the Bill of Rights should include “freedom from monopolies in commerce” (what are now giant corporations) and “freedom from a permanent military” or standing armies. Adams and Hamilton felt otherwise, and the final compromise was the first 10 Bill of Rights amendments that are now the law but not the other two Jefferson and Madison wanted included. Try to imagine what this country might be like today had we gotten them all…
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Note: This is the third of a ten-part series.
Big corporations have almost always thrived in the US. But a crucial, defining moment happened in 1886 when the Supreme Court granted corporations the legal status of personhood in Santa Clara County v. Southern Pacific Railway – a simple tax dispute case unrelated to the issue of corporate personhood. Incredibly it wasn’t the Justices who decided corporations are persons, but the Court’s reporter (J.C. Bancroft Davis) who after the decision was rendered wrote it in his “headnotes.” The Court did nothing to refute them, likely by intent, and the result was corporations got what they had long coveted.
That decision granted corporations the same constitutional rights as people, but because of their limited liability status, protected shareholders from the obligations of their debts, other obligations, and many of the responsibilities individuals legally have. Armed with this new legal status corporations were able to win many additional favorable court decisions up to the present. They also gained much regulatory relief and favorable legislation while, at the same time, being protected by their limited liability status. As a result, corporations have been able to increase their power and grow to their present size and dominance.
Although corporations aren’t human, they can live forever, change their identity, reside in many places simultaneously in many countries, can’t be imprisoned for wrongdoing and can change themselves into new persons at will for any reason. They have the same rights and protections as people under the Bill of Rights but not the responsibilities. From that right, corporations became unbound, free to grow and gain immense power and be able to become the dominant institution that now runs the country, the world and all our lives. Most important, they got an unwritten license from all three branches of the government to operate freely for their own benefit and others of their privileged class and do it at the public expense everywhere. They’ve exploited it fully as they’re grown in size and dominance, and the result has been lives destroyed, the environment harmed and needless wars fought on their behalf because they open markets and grow profits. It’s no exaggeration to say these institutions today are real “weapons of mass destruction.”
In the early days of the republic it all might have been different had Thomas Jefferson and James Madison prevailed over Federalists John Adams and Alexander Hamilton. Jefferson and Madison believed the Bill of Rights should include “freedom from monopolies in commerce” (what are now giant corporations) and “freedom from a permanent military” or standing armies. Adams and Hamilton felt otherwise, and the final compromise was the first 10 Bill of Rights amendments that are now the law but not the other two Jefferson and Madison wanted included. Try to imagine what this country might be like today had we gotten them all.
We didn’t, of course, so the result, as they say, is history. It allowed small corporations to grow into giants and so-called “free market capitalism” to become the dominant state religion of this country and the West. We may say it’s free, but it only is for those own and control it, and notice we never hear the system called “fair.” That’s because in most key industries a handful of corporate giants dominate and now work in cartel-like alliance with their “friendly” competitors here and abroad to control (read: exploit) the markets they serve. They’re also able to co-opt the leaders and business elites of countries in the developing world, or work in partnership with them in the larger ones like China, India and Brazil, to allow them market entry. As an inducement, they offer to invest their capital and offer their technology in return for a business-friendly climate and access to the host country’s cheap labor. It’s an alliance based on pure exploitation for profit at the expense of people who are used, abused and discarded when they have no further value.
This essay is mainly about how these same corporate giants dominate and exploit here in the US. They can’t get away with the flagrant abuses commonplace in sweatshop labor countries, but they’re moving in that direction. It’s no longer like the past in this country when I was young and beginning my working life (a distant memory of better times) when manufacturing was strong, jobs paid well and had good benefits, and workers were protected by strong unions that served their interests even while partnering with management and willing to do the bidding of government.
I still remember well an incident early in my working life when as a newly minted MBA I worked as a marketing research analyst for several large corporations prior to joining a small family business. At one of those companies in the early 60s, my boss called me into his office on my first day on the job. He jokingly told me he was so happy with my work he was giving me a raise. We both chuckled, and he then explained on that day everyone in the company got an inflation-based increase. It was automatic from the lowliest worker to top management because the unions (then strong) got it written into their labor contract. In that company, everyone got the same benefits as union members. Try finding anything like that today even for union members alone. It’s almost unheard of.
Today, the country is primarily dominated by service industries many of which require little formal education, only pay low wages and few if any benefits, and offer few chances for advancement. The US Department of Labor projects that job categories with the greatest expected future growth are cashiers, waiters and waitresses, janitors and retail clerks. These and other low wage, low benefit jobs are what many young people entering the workforce can look forward to today. You don’t need a Harvard degree for them or even one from a junior college – and for the ones listed above, no degree is needed, not even a high school one.
The continuing decline of good job opportunities is a key reason why the quality of education in urban schools has deteriorated so much in recent years and school dropout rates are so high. In my city of Chicago, half of all students entering high school never graduate and of those who do 74% of them must take remedial English and 94% remedial math at the Chicago City Colleges according to a report published in the Chicago Sun Times. The situation isn’t much better in inner cities throughout the country, nor is the level of racial segregation that’s grown to levels last seen in the 1960s according to Jonathan Kozol in his new book The Shame of the Nation. Again in Chicago, a shocking 87% of public school enrollment was black or Hispanic, and the situation is about as bad or even worse in most other big cities.
The lack of good job opportunities for a growing population of ill-prepared young people is also a major reason for the growth of our prison population that now exceeds 2.1 million, is the largest in the world even ahead of China with over four times our population, and is incarcerating about 900 new prisoners every week. I wrote a recent heavily documented six-part article about this called The US Gulag Prison System.
Coming in Part 4: A Rigid Class Society
Written by Stephen Lendman, (email – lendmanstephen@sbcglobal.net) who lives in Chicago. Stephen maintains a blog at http://sjlendman.blogspot.com, and writes a regular column at www.populistamerica.com