You may think that the United States’ struggle with corporations is a new phenomenon. It isn’t. Before the United States even existed, we struggled with the power of corporations. Let’s take a trip back to colonial America. There was a company known as the East India Company. Better known as Captain Jack Sparrow’s nemesis. It was more responsible for the American Revolution than King George III.

I’m getting ahead of myself. 

Here’s a quick little history of the East India Company. It was chartered by Queen Elizabeth I in 1600. The Queen, being a major investor, granted the East India Company a monopoly on trade in the east. Anyone caught violating this monopoly was imprisoned, and their cargo and ships seized. The cargo would be split between the company and the Crown. This arrangement was quite lucrative for all involved, to say the least. Well, it wasn’t so lucrative for those whose ships and cargo were seized. But the working man is nothing more than a disposable asset, right?

Fast forward to 1773. King George III has inherited Queen Elizabeth’s stake in the East India Company. By this point, a large portion of the British Parliament were stockholders. England has established itself as the major power of the world. The American colonies have become a major source of income for the East India Company. 

Merchants spread throughout the colonies, looking for cheaper wares to maximize profits. American privateers moved goods (outside the company) to meet these demands. An inevitable reckoning was set in motion.

In England, the East India Company had a stockpile of tea sitting in storage. As a snub of their noses at British taxes, the American colonists boycotted the purchase of tea. They used privateers to smuggle it, or traded with the Dutch. Unfortunately for the company, tea sitting in storage provides no profit. They needed a way to force the Americans to buy their stockpiled tea. They had a brilliant idea, so they went to the British Parliament (which could impose laws on the colonies). They asked for a suppression of the duty on tea imported from England to the American colonies. 

For those who may not know, a duty is a fee paid on products that don’t originate in the country where they are being sold. 

As I pointed out, many members of Parliament were stockholders in the East India Company. They were also losing money on the Tea sitting in storage. Motivated by corporate profits and increasing their own wallets, Parliament quickly agreed. The East India Tea company could now import their tea to the Americas, ignoring the duties at the ports. This meant that they could sell their tea for less, pushing out any competition. They effectively created a tea monopoly in the American colonies. 

Three ships carrying the tea headed to the colonies, excited by the ensured profits. The colonists had other ideas. The ships first attempted to make port in Philadelphia, but they were turned away. Second, they tried to make port in New York; again, they were refused. Finally, they headed to Boston Harbor, and the colonists decided the day of reckoning was at hand. The Sons of Liberty made it clear to all colonists. In no way, shape, or form were they to assist with the unloading, storage, or consignment of the tea. 

Under the cover of darkness, the Sons of Liberty rowed out to the ships disguised as Native Americans. They cracked the boxes open with tomahawks and tossed them into the harbor. Within three hours, the deed was done, and they all retired quietly to their homes. The next morning, to ensure no tea survived, they rowed out to ruin any left floating.

All told, about a million dollars’ worth of tea (in today’s currency) was destroyed. The first action of revolution was a success. Corporate power had been rebuked and British pride had been hurt. The Boston port was closed, and for the next 10 years, Britain and America would be at war.

Do you ever wonder what the Founders would think of the Corporate Political Agenda of today? Look no further than the Boston Tea Party. 

If you are anything like me, you are asking yourself one question. “How did we go from starting a war over a corporate monopoly to giving corporations the rights of the People?”

To understand, we need to move forward a few years. 

The good news is that, for a while, our government ensured that corporations stayed in their place. The federal, as well as most state governments, ensured the power of money did not decide the fate of the People. Sadly, that time was not to last.

The 1820s saw the first passenger and freight rail lines in the US. The movement of goods and people by rail allowed the rapid American expansion. By the time the Civil War broke out in 1863, rail was a common mode of transportation for both people and cargo. Rail lines linked most cities in the North and Midwest, and specific regions and ports in the South.

The railroad was largely responsible for the success of the United States in the Civil War. Unfortunately, it became a double-edged sword. The railroad put us on track to become subjects of the Corporate Political Agenda today. 

During the Civil War, as in all wars, corporations were the biggest winners. The need for goods and transportation created a windfall for corporate America. The need to move troops, as well as goods to support them, meant the railroads benefited more than most. 

President Lincoln was a former railroad lawyer himself. He signed laws granting railroads large swaths of land. The same laws awarded them loans to build new lines crisscrossing America. These lines would lead to exorbitant profits, as their power consolidated into monopolies.  

Not only rail lines were reaping the benefits. Money was flowing out of the Lincoln war department to all corners of big business in support of the Civil War. It is estimated that over 250 million dollars was paid out in a single year, from June of 1863 to June of 1864. 

Lincoln’s first Attorney General, Edward Bates, was gravely concerned. He feared this could lead to corporate corruption of the government. He noted so in his diary. “The abuse of official powers and the thirst for dishonest gain are now so common that they cease to shock.”

The same words could describe much of our partisan politics today. This reminds me of a comment I made more than I care to remember during the 45th President’s administration. “I’m shocked, but I’m not surprised.”

Lincoln’s biographer, Carl Sandburg, even noted one Generals comments about pervasive corruption. “Every contractor has to be watched …some of the most competent and energetic contractors were the most dishonest, could not be content with a fair profit.”

In the world of corporate interests, not much changes. It seems that through the ages you can count on three things: death, taxes, and the greed of corporations. In this war, the People always lose, and Corporations always win. 

The railroads may have helped win the Civil War. They also provided significant political power to corporate America. Their affect was only beginning to be felt. 

On July 9, 1868, the fourteenth amendment to the Constitution was ratified. It was in response to freeing the slaves in the thirteenth amendment. The sole purpose of this amendment, at the time, was to ensure equal rights under the law for all Americans. All southern states were required to ratify it before readmittance to the Union. The spirit of the amendment was unquestionable. 

Or so you would think…

Corporations, specifically the railroads, thought differently. They believed they could take advantage of the ambiguous language of the amendment. They were especially interested in the reference to persons.

Historically, there are two types of persons in the world: natural and artificial. No, I’m not referring to Commander Data from Star Trek. A natural person is a person of flesh and blood and a recipient of the natural rights from their Creator. An artificial person is granted life by a government entity through a charter or some other act. They have no rights outside of the privileges granted by the granting authority. Corporations are artificial people. Corporations have no rights outside of the charters bestowed by their incorporating states. At least, that is how it was for much of our Republic. 

After the fourteenth amendment, the railroads saw an opportunity. The People and the railroads were on track for a reckoning.

The Panic of 1873 ended the rapid expansion of rail, as many rail lines went bankrupt. As a result, robber barons like JP Morgan began the consolidation of the rail industry. 
In 1883, the second transcontinental railroad (spanning the southern US) was completed. By 1886, the railroads had harnessed considerable power in the government. They had Congressmen, Senators, and of course Supreme Court Justices. They decided it was time to test their power. 

Until 1886, the railroads lost every case where they claimed 14th amendment rights. They hoped this time would be different, as they deployed pieces on the chessboard. 

Morrison Waite was a former lawyer for the Southern Pacific Railroad. In 1874, President Ulysses S. Grant had appointed Waite as Chief Justice of the Supreme Court. I say this not to disparage Justice Waite’s time on the bench, as his history suggests he was an impartial judge. However, the coincidence cannot be ignored, especially considering the other two players.

Also on the bench with Waite was Stephen Field. He was a man of immense ambition, with aspirations for the Presidency. He sought every opportunity to ingratiate himself with the railroads. All indications were that Waite and Field despised each other. Waite felt that Field’s close association with the railroads embarrassed the court. Field thought Waite beneath him. 

The last piece on the board was Bancroft Davis, the Reporter of Decisions for the court. The Reporter of Decisions’ responsibility is to record the case proceedings. The Reporter also publishes the court’s decisions after the case concludes. Davis also happened to be the former president of the Newburgh and New York Railway.

On January 26, 1886, the opening arguments began for a court case that would become momentous. Santa Clara County vs. Southern Pacific Railroad, at its heart, was about taxes. Southern Pacific owed California $30,000 in taxes on their $30 million loan. They did not deny they owed it. The question raised was over who assessed one specific tax (county or state). It was only a small fraction of the total tax assessed. A benefit of having disposable corporate money is bringing frivolous lawsuits, I guess. 

One of the defenses claimed by Southern Pacific was based on the 14th Amendment. The Supreme Court did rule in favor of Southern Pacific, but not based on that argument. The ruling hinged on the defense that the property was not assessed by the proper authority.  Somehow this still set precedent for corporations gaining rights under the 14th amendment. 

There have been several theories over the years, but no one knows exactly how it happened. For a collection of these theories, check out Thom Hartmann’s book Unequal Protection. The first chapter discusses this case in depth. He goes through the most likely scenarios that bestowed natural rights on corporations. Well, at least in the mind of the propaganda machine they have rights. I encourage you to continue reading past chapter one. By the end, I think you’ll be both infuriated and motivated to do something.

For our purposes today, it’s only necessary to know it was all based on a lie, or at best a misleading truth. In the end, here is what got us where we are today:

Before the arguments began, Chief Justice Waite told the attorneys for Southern Pacific:
 
“The court does not wish to hear arguments on the question whether the provisions in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does.”

This was inserted into the court report by Bancroft as a Headnote. A headnote is a note inserted by a court reporter prior to the official opinion as a summary of a point of law. A headnote has no legal standing and does not set precedent.

The final judgement ruled that California illegally included the fences in its assessment. Santa Clara county could not collect taxes they were not entitled to. The 14th amendment was in no way part of the official ruling. Somehow it still became a prominent part of the court report.

How we got there is unknown, but I’ll let you make your own conclusions based on the participants. 

Even after this overt attempt to thwart the will of the People, we still tried to keep corporations in check.

This rapid consolidation of railroads and other corporations worried Congress. This triggered the most aggressive government action against monopolies to date. 
The Sherman Antitrust Act of 1890 had one simple goal. It was meant to prevent and punish businesses from engaging in anticompetitive conduct.

In 1893, another panic hit. It was the largest depression in the US to date and caused widespread bank failures. Many of these banks were over leveraged on railroads that had expanded too rapidly. By the middle of 1894, 25 percent of railroads had failed. But when the People are subjected to financial injury, robber barons seize opportunity. Morgan and his cronies continued to consolidate rail. The gilded age of robber barons was in full swing. 

By 1906, 76 percent of all rail in the US was controlled by only seven corporations.
Under President Theodore Roosevelt, corporations were slowed even more. During his presidency, Roosevelt brought 44 antitrust suits, among which was Standard Oil. He also shepherded the Hepburn Act of 1906 that regulated rail rates. The Tillman Act regulated corporate political donations. Unfortunately, he also allowed the growth of the US Steel trust in 1907 to save a NY bank.

Eventually, the greed of states began to take hold. They started to change laws to entice corporations to charter with them. New Jersey went first, and then Delaware. By 1970, most states had made it easier and more lucrative for corporations to do business there.

Roosevelt’s successor Taft was the last President for some time to champion the People. Corporations and their robber barons gained more and more power. The Republican politics of the roaring twenties saw the federal government ignore trusts. States enacted laws giving corporations personhood. The People fell further and further behind.

On October 24, 1929, the bubble burst. 

The next ten years would host the worst economic depression in modern history. You would think that this would teach everyone a lasting lesson. Unfortunately, this is never true when greed is their motivation. You cannot count on Corporations and their purchased politicians. It also doesn't help that memories are short, and the People too easily forget. 

Franklin Delano Roosevelt was elected President in 1933. His personal mission was to return the power of the government to the People. He was largely successful, and corporations were kept in check. He reenforced the Sherman Antitrust Act, and the nation seemed to be getting on the right track again.

That is until the Corporate Presidency of Ronald Reagan. 

In 1981, the enforcement of the Sherman Antitrust Act came to a screeching halt. So did any legislation or regulation that kept corporations in check. Reagan claimed that government was the worst thing that could happen to the people. He claimed that privatization would make the world a better place. That’s a direct quote from the propaganda playbook, if there ever was one. The Reagan administration was responsible for $22 billion in cuts to social programs. He tripled the national debt of $995 billion in his eight years of presidency. As a result of his policies, 6 million more Americans fell to poverty. 

I’m sure by now you realize I have no respect for Ronald Reagan. I often think, “Maybe it’s because I spent so long idolizing him only to finally see the real him. Maybe it’s because he perverted religion to promote unethical corporate practices.” But then I realize he was just a terrible person and an even worse president. All he cared about was his wealth and being President to increase that wealth. 

However, I can’t stop the blame with Reagan. We have had a parade of neoliberal Presidents ever since. They cared more about their wealth than representing the People. They didn’t want to anger their corporate masters. They were afraid to rock the boat because they may not get reelected. They were afraid to lead their parties to protect the People.

Bush Sr. bailed out the savings and loan industry at a $100 billion expense to the People. Clinton gave us the job-draining NAFTA. W. Bush handed us to the ineffective $2 billion-a-year testing industry of No Child Left Behind. Obama gave us a half-cocked health care plan. It allowed insurance companies to increase their profits. Trump sold us a middle-class tax cut that saved corporations $150 billion in the first year alone. That number will grow the longer it stays in effect. These are just one each of their low lights.

I want to make something perfectly clear. I am not saying that education and health care reform aren’t noble causes. Both are good and still necessary. I am saying that the way they did it helped the Corporate Political Agenda far more than the People. 
I know that I have spent a lot of time on history today. If we don’t understand our history, we can’t understand how we got here and how to get out. Before I conclude today’s episode, I must discuss one final historical event. It highlights the problem with the lifelong unlimited power of our partisan judges. This is how the Corporate Political Agenda has concluded its hostile takeover. 

On January 21, 2010, the Supreme Court announced a decision. With it came a successful coup against We the People. The case was Citizen United vs. FEC, and it was all based on a lie (or, a misleading headnote). Sadly, too many people have no idea what happened this day. 

The FEC said Citizens United had violated the Bipartisan Campaign Reform Act of 2002. They did this by engaging in electioneering outside the time limits imposed by the act. 
The Court ruled a limit on time and money used to promote politics violates the first amendment. It went on to say that money was an extension of free speech, and that there can never be too much free speech. This means that corporations have the right to put as much money as they want into politics. They just cannot donate directly to a candidate, campaign, or party. As we have all seen, you don’t need to donate to any of those three to affect politics. We have also found that telling the truth isn’t necessary either.  

This decision has given us the unending political cycle. When one election ends, the next one starts immediately. It has allowed corporate and corporate-funded nonprofit advertising to be political speech. This decision invites wolves into the hen house. We have seen it, with Russians spreading misinformation in our political elections. We have seen such an exponential increase in political spending from untraceable sources. We have no idea who is affecting our elections. 

In the decade since, nonparty independent groups have spent $4.5 billion on elections. (That’s up from $750 million the two decades prior.) Groups that don’t disclose donors have spent over $960 million. (Again, that’s up from $129 million the previous decade.) The wealthy and corporations donate to these dark money groups, and they don’t have to disclose. That means there are no repercussions. We don’t know who is working against the People. The partisan Court decided we didn’t need to know who was influencing representatives OF the People.

This was part of Justice Anthony Kennedy’s majority reasoning for their decision. “The Court has recognized that First Amendment protection extends to corporations… Under that rationale of these precedents, political speech does not lose First Amendment protection simply because its source is a corporation.”

This assertion has never been made in any Court decision. It is a precedent created from the ether. Corporate Political Agenda propaganda was inserted into precedent by dishonest and partisan Justices. 

Corporate attempts to usurp the will of the People have occurred since before the U. S. even existed. For most of our history, we have had laws in place and politicians willing to fight for our rights. As money has become a more prominent actor in our politics, we have lost many of those protectors. Corporations have seized control of our political parties, and thus, our politicians. 

The corporate coup in America has been slow-moving, but so far effective. No matter your political leanings, their goal is to silence the People. The People are the last barrier between a Republic and a Corporatocracy. The Corporate Political Agenda knows, as long as the People have a say, their control of our nation is shaky at best.

We are a nation of the People, by the People, and for the People… at least for now. As long as that is true, the Corporate Political Agenda cannot completely take over. When you hear a politician talk about privatization, understand what they are saying. They mean that the People should have no say in a government by the People. Privatization is nothing more than propaganda. It encourages the People to turn control over to corporations and the wealthy. Nothing that benefits the People ever comes from privatization. 

We are in the middle of a hostile takeover in the United States. Corporate and political elites act in of support that takeover. Every day we ignore their actions is another day closer to losing our Republic. Every day we forget the history that got us here is a day closer to 21st-century Feudalism. Because that is exactly the direction the Corporate Political Agenda takes us.

We must remember that it is our nation. We must do everything in our power to ensure it remains a nation OF the People, BY the People, and FOR the People.

We the People ARE the Power!