Corporations Are Not People

The Supreme Court’s Citizens United decision marked a culminating victory for the bizarre doctrine that corporations are people with free speech and other rights. Now, Americans cannot stop corporations from spending billions of dollars to dominate elections and keep our elected representatives on a tight leash. Jeffrey Clements reveals the far-reaching effects of this strange and destructive idea, which flies in the face of not only all common sense but most of American legal history as well. Most importantly, he offers solutions—including a constitutional amendment to reverse Citizens United—and tools to help readers join a grassroots drive to implement them. Ending corporate control of our Constitution and government is not about a triumph of one political ideology over another—it’s about restoring the republican principles of American democracy.

A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.

Why we’re better off treating corporations as people under the law—and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should corporations be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society. He argues that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.

This is the first practical guide for every citizen on the problem of corporate personhood and the tools we have to overturn it. Jeff Clements explains why the Citizen's United case is the final win in a campaign for corporate domination of the state that began in the 1970s under Richard Nixon. More than this, Clements shows how unfettered corporate rights will impact public health, energy policy, the environment, and the justice system. Where Thom Hartmann's Unequal Protection providesa much-needed detailed legal history of corporate personhood, Corporations Are Not People answers the reader's question: "What does Citizens United mean to me?" And, even more important, it provides a solution: a Constitutional amendment, included in the book, which would reverse Citizens United. The book's ultimate goal is to give every citizen the tools and talking points to overturn corporate personhood state by state, community by community with petitions, house party kits, draft letters, shareholder resolutions, and much more.

Since the Supreme Court's Citizens United ruling that the rights of thingsmoney and corporationsmatter more than the rights of people, America has faced a crisis of democracy. In this timely and thoroughly updated second edition, Jeff Clements describes the strange history of this bizarre ruling, its ongoing destructive effects, and the growing movement to reverse it. He includes a new chapter, ';Do Something!, ' showing howstate by state and community by communityAmericans are using creative strategies and tools to renew democracy and curb unbalanced corporate power. Since the first edition, 16 states, 160 members of Congress, and 500 cities and towns have called for a constitutional amendment to overturn Citizens United, and the list is growing. This is a fight we can win

"Americans are using new strategies and tools to renew democracy and curb unbalanced corporate power. STILL ESSENTIAL: The Citizens United decision continues to distort the electoral process and expand the power of corporations; UPDATED THROUGHOUT: This second edition details both the ruling's expanding damage to democracy and, in an all-new chapter, how citizens can lead the battle against it. The Supreme Court's Citizens United ruling that corporations are people eliminated campaign finance restrictions and dramatically increased corporate power, but attorney Jeff Clements shows how you can fight back. Clements explains the strange history of how the Supreme Court came to embrace a concept that flies in the face of not only all common sense but most of American legal history as well. He shows how unfettered corporate rights will impact public health, energy policy, the environment, and the justice system. In this new edition Clements details Citizens United's ongoing destructive effects-for example, Chevron was able to spend $1 .2 million to influence a single local election in a city of 100,000 people. But he also describes the growing movement to reverse the ruling-since the first edition 16 states, 160 members of Congress, and 500 cities and towns have called for a Constitutional amendment to overturn Citizens United. And in a new chapter, Do Something!, Clements shows how-state by state and community by community-Americans are using new strategies and tools to renew democracy and curb unbalanced corporate power. A plain-English guide to the disastrous practical consequences of the bizarre legal doctrine of corporate personhood enshrined most recently in the Supreme Courts Citizens United decision; Features a constitutional amendment designed to overturn Citizens United and restore the government to the people; Includes a tool kit to help citizens mount a grassroots campaign to pass the Peoples Rights amendment; The January 2010 Supreme Court Citizens United v. Federal Election Commission decision marked a culminating victory for the legal doctrine of corporate personhood. Corporations, as legal persons, are now entitled to exercise their alleged free-speech rights in the form of campaign spending, effectively enabling corporate domination of the electoral process. Jeffrey Clements uncovers the roots, expansion, and far-reaching effects of the strange and destructive idea, which flies in the face of not only all common sense but, Clements shows, most of American legal history, from 1787 to the 1970s. He details its impact on the American political landscape, economy, job market, environment, and public healthand how it permeates our daily lives, from the quality of air we breathe to the types of jobs we can get to the politicians we elect. Most importantly, he offers a solution: a constitutional amendment to reverse Citizens United and tools readers can use to mount a grassroots drive to get it passed. Overturning Citizens United is not about a triumph of one political ideology over another, it's about restoring the democratic principles on which America was built. Republican president Theodore Roosevelt and conservative Supreme Court Chief Justice William Rehnquist both vocally opposed the idea of corporate personhood. Community by community, state by state, we can cross party and ideological lines to form a united front against unchecked corporate power in America and reinstate a government that is truly of, by, and for the people."--

Silver WINNER of the 2021 Axiom Business Book Awards in Business Ethics WINNER of the 2021 Jim Deva Prize for Writing That Provokes From the author of The Corporation: The Pathological Pursuit of Profit and Power comes this deeply informed and unflinching look at the way corporations have slyly rebranded themselves as socially conscious entities ready to tackle society's problems, while CEO compensation soars, income inequality is at all-time highs, and democracy sits in a precarious situation. Over the last decade and a half, business leaders, Silicon Valley executives, and the Davos elite have been calling for a new kind of capitalism. The writing was on the wall. With income inequality soaring, wages stagnating, and a climate crisis escalating, it was no longer viable to justify harming the environment and ducking taxes in the name of shareholder value. Business leaders realized that to get out in front of these problems, they had to make social and environmental values the very core of their messaging. Their essential pitch was: Who could be better suited to address major societal issues than efficiently run corporations? There is just one small problem with their doing well by doing good pitch. Corporations are still, ultimately, answerable to their shareholders, and doing well always comes first. This essential truth lies at the heart of Joel Bakan's argument. In lucid and engaging prose, Bakan lays bare a litany of immoral corporate actions and documents corporate power grabs dressed up as social initiatives. He makes clear the urgency of the problem of the corporatization of society itself and shows how people are fighting back and making gains on a grassroots level.

Why we're better off treating corporations as people under the law--and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should they be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society and concludes that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.