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We the Corporations: How American Businesses Won Their Civil Rights
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Audible Audiobook
Listening Length: 14 hours and 31 minutes
Program Type: Audiobook
Version: Unabridged
Publisher: Blackstone Audio, Inc.
Audible.com Release Date: February 27, 2018
Language: English, English
ASIN: B078T4725S
Amazon Best Sellers Rank:
I had the good luck of listening to this on a long drive. The first question, whether this would be of interest to non-lawyers, is certainly yes. As long as you like American history, you will like this. The book takes a small slice of history and tells it almost novelistically. You can see the ruddy cheeks, mahogany paneling, feel the orations of Daniel Webster, learn about his expertise in politics, his high fees, and his decline. I remember so many cases from American History of yore that were fully explicated here - the Dartmouth College case - e.g. - and that I didn't quite get in high school or college. The book starts at Jamestown, and you learn of the horrors of that colony, which was a corporation, as was Plymouth Bay to the north. One learns about the precise reasons for the Boston Tea Party, not just the flaccid story of the courageous revolutionaries. Winkler tells us that all of the civil rights laws started with the rights of corporations, not people and that the first two - Dred Scott and a woman's right to be a lawyer - failed.The book hits a crescendo in the turn of the 20th Century and does not dwell on the present-day public outrages of Citizen's United and Hobby Lobby, but mentions them hint by hint throughout the narrative, giving a context to present day jurisprudence. All in all, this was for me a great "listen." The narrator was perfectly fine, but I bet the author wanted to tell the story, it is so assiduously researched and described in technicolor.
This book was hard to put down as it talks about how rich corporations used their influences on the Supreme Court to be considered persons under the 14th Amendment in order to get protection under the constitution. The 14th Amendment (along with the 13th and 15th) was written to integrate freed slaves legally into society, was usurped by the corporations to not be considered organizations but a gathering of people. The last remaining drafter of the 14th Amendment lied to convince the Supremes that Corporations were part of the definition of "persons as stated in the Amendment. A study done shows in a 30 year period some 300 14 Amendment cases were brought before the Supreme Court. Of those only 25 were race related in which was voted down every time (included I assume the infamous "Pleussy"). The rest were Corporate right's related which the corporations won every time.Funny how Conservatives and their like-minded Justices claim to narrowly define the Constitution to what is written rather than the intent (after all neither negro's nor slaves are mentioned in the 14 Amendment) Conservative interpretations have been used against their intended subjects (Like Pleussy), but when cases like Loving (Interacial marriage), Brown, and Gay marriage are decided using the intent of the Amendment those same Conservatives who have been twisting the amendment for corporations accuse those rulings of a "radical court exceeding its authority"People who are wondering how "Citizens United" and "Hobby Lobby" were decided need to know this is the result of a 150-year legal battle to get Corporations rights they don't deserve. I've been waiting for someone to put this information together in one book and this is it.
It is quiet in Founders' Heaven. All noses are pressed into Professor Winkler's book as heads bob in amazement at just how many rights corporations have been able to accumulate for themselves over the years.This book is a detailed walk through a lot of legal history. It is well-written, is relentlessly interesting, discusses a large cast of colorful characters who participated in this history, and is as necessary a read as you'll find on today's book shelves. You do not need to be an attorney to profit from reading this book. Its only disappointing feature is its honesty: this is a complex history. Better to understand it fully, than to pretend that history was simpler than it has been.
The Supreme Court (SC) has passed judgement on some 32000 cases with a majority devoted to Corporations. In the course of our history which was founded on Corporatism (and slavery ) we have come to conflate legal personages with living, breathing, thinking, feeling beings. This book rolls out the way that has evolved. It constantly reminds us of key decisions along the way. It culminates with the speech of the honorable Leo Strine which summarizes the fatal trap into which we have fallen. The decisions of our court defies understanding, logic, and belief. The prospects for further erosion of constitutional democracy are terrifying. I urge everyone to read this powerful history.
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