Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights

He opens by reminding us that the "commons" once represented a village pasture, shared by all. In modern times he argues the same concept embraces the entire planet. The sharing implies common sense be applied to its use. We are beginning to understand our planet is "the commons" for all humanity. Every human has some rights to that commons, but shares a responsibility for its well being. That set of rights and responsibilities is set by the community as a whole, not by any one individual. The community concept, however, is based on the idea that its members are essentially equal. The corporation, due to its amorphous structure and unique powers has gone beyond community ideals.

The history of corporate power rests on continued attempts to upgrade an "artificial" entity to a "natural" one. Hartmann traces the erosion of that ideal through this book. An early chip was taken when Queen Elizabeth I granted Francis Drake "freedom from liabilitie" to go pirating. It was an omen for the future. Although the Framers of the Constitution of the United States were vociferous in their resistance to corporations, events pushed their ideals aside. In a rapidly developing economy and to confront European competion, corporations arose and grew. As they grew, they sought not only protection from State taxation, they sought to further their ends by political action, something nearly all governments restrained. After many tries, they seemed to have accomplished it in 1889 during a court case over the collection of property taxes.

Hartmann details the events surrounding the case, pointing out that the corporate "victory" of achieving "personhood" is spurious. It was not part of the decision and added as a post judgement note. He suggests that railway lawyer Stephen J. Field likely influenced the writing of the notes by court reporter John C.B. Davis. The victory for business interests virtually turned the 14th Amendment to the Constitution on its head. Business now had the same "rights" as any naturally born human - privacy, investment, political activity and right to trial. Where a state issuing a corporate charter previously had the right to withdraw it for improper activity, a corporate existence was now sacrosanct. Given the vague nature of the corporation, "improper behaviour" could punish individuals, but not the corporation's
existence. Hartmann explains how this condition has led corporations to invade the global "commons" with impunity, ravaging nature to acquire resources and markets.

People often ask "if corporate dominance is so bad, what will you replace it with?" Hartmann states "the suggestion i'm putting forth in this book is to try democracy." The solution is simple enough - a return to Jeffersonian principles. That doesn't mean a regression to an agrarian society. It means, instead, a restoration of democratic practices - the raising of humans to their natural place of dominance over artificial entities. He encourages local communities to begin redefining their laws to reflect the concept that corporate organizations are not people. Once that precedent is established, the democratic ideal can be restored by revising laws and constitutions up through the political hierarchy. From communities through the states to the national government. He stresses that while there will certainly be resistance and scare tactics, enough popular pressure can restore those lost ideals.


Taking Democracy Back   October 30, 2002
Wilson M. Powell (Pacific, MO United States)
39 out of 43 found this review helpful

"Unequal Protection" begins by citing the depredations of the trans-national corporation, subsidized and supported by the British Monarchy, known as the East India Company, as the primary reason for the American War of Independence. The Boston Tea Party was intended to prevent East India tea from being sold at subsidized low prices in unfair, monopolistic, competition with Yankee traders.

Once independence was won, our founding fathers, most notably Jefferson and Madison, joined by Adams and Hamilton, set about creating a set of laws, our Constitution, that would make certain that corporations would never again gain such power over the lives of people.

The book describes the accidents and collusions of history that have resulted in the establishment of "personhood" for corporations, so they might enjoy the Constitutional protections intended for individuals, while wielding the power of great wealth and almost unlimited resources.

The author, Thom Hartman, walks the reader through history with a lively, penetrating exposition of the thinking that went into the attempt to control corporate power and subsequent machinations that took control from the hands of government -- leaving giant transnational corporations in a position to make life and death decisions for we, the people and the planet.

Once you have read this book, you will realize why it is that we must start by re-establishing the fundamental intentions of our Constitution in order to take our democracy back.

-- Reviewed by Woody Powell ...


Have We Come Full Circle?   November 17, 2002
Adam F. Jewell (Pittsburgh, PA USA)
34 out of 35 found this review helpful

To say the bookshelves are flooded with political fodder these days is an understatement. Some blame the state of the nation on "Stupid White Men", others talk about "Winning the War of Liberty over Liberalism". No matter where you look or what you read, the mudslinging is intense. At times, these authors make EMINEM's rap "battles" with gangsters in the movie "8 Mile" look like an episode of the Mickey Mouse Club.

Unequal Protection, however, is not one of these books. It is an historical documentary of sorts that traces the history of the corporation and its role in society from the East India Company, through the FORTUNE 500 of today. It examines the people, actions, beliefs, and mistakes that have led to the extreme concentration of power and wealth among a select few global corporations.

While laying the foundation for the future of the United States, keeping power in the hands of the people and preventing institutions similar to the East India Company from gaining unlimited economic and political power was one of the key drivers. For many years corporations were kept relatively well in check and responsible to the people and governments that granted them the right to exist.

The passage of the 14th amendment, intended to give all persons (not corporations) equal rights, combined with a ruling in single court case that has been mistakenly interpreted to define corporations as "persons" like you and me opened the door to all kinds of crazy claims by corporations.

Subsequent claims and court rulings have directly and indirectly granted corporations virtually unbridled power through creative legislation and enabled some to operate with no consequences whatsoever for damaging and deadly actions.

"Unequal Protection" also discusses of NAFTA, which appears to have granted corporations the authority to override what people and sovereign nations have determined to be in their own best interest. This may include protecting local jobs and economies, banning Frankenfoods with the potential to disrupt and/or destroy the food supply and outlawing toxic additives or chemicals known to have adverse effects on public health and the environment.

The pursuit of profit is a necessary and healthy part of a democracy and free market economy. However, when it is the exclusive focus, to the detriment of the environment, the commons, and the health and well being of the people that make up societies and corporations, its time to take back the reigns. When corporations factor in the human and environmental costs associated with doing business and can be held accountable for their actions will real change begin.

Through the acceptance of corporations as persons in the legal sense, we've come full circle to facilitate and reward the types of actions and behaviors of the East India Company that this country originally fought so hard to get away from.

Unequal Protection is an outstanding work. It's history with a perspective, but does not in any way sink to the political mudslinging ways of other books that may be classified in a similar category.


The need of the many versus the rights of the few   January 27, 2003
Friederike Knabe (Ottawa, Ontario Canada)
34 out of 36 found this review helpful

Margaret Mead's "Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has..." has proven right many times. Hartmann's UNEQUAL PROTECTION is a great case study: here, it's one person, a court reporter, who changed history with a set of "headnotes". Thom Hartmann discusses the case of J. C. Bancroft Davis and his impact on globalization today in his fascinating study on the rise of corporate dominance around the world. At the same time, and in the spirit of Margaret Mead, he also calls for grassroots and community action.

Hartmann's starting point is the question: How did corporations manage to become persons before the law with, at least, the same rights as human beings? How did corporations change from being "virtual entities", meaning that they were subject to the controls and supervision by local governments (and humans), into becoming legal entities equal to citizens but without the restrictions and responsibilities placed on people. How have "multinational corporations become the tail that wags the dogs of governments of the world"? Well it's the result of a US Supreme Court Decision regarding the Fourteenth Amendment. Or is it?

Hartmann delves deep into US Constitutional history to set the framework in which the fundamental issue of corporate personhood has to be understood. He traces the concept to its roots in 1886, and to court reporter Davis, the official recorder for the Supreme Court Case: The Southern Pacific Railroad vs. the Santa Clara County. Corporate personhood was introduced during this case, but not, as constitutional and corporate lawyers have assumed for some 120 years, by the Court - but by David in the headnotes. That meant it had no legal basis whatsoever. The evidence found by Hartmann confirmed that the Supreme Court specifically decided NOT to rule on the issue of corporate personhood.

Hartmann explores possible reasons why this application of the Fourteenth Amendment became so popular with corporate lawyers. He also states categorically that "he is not looking for culprits but to point out a flaw in the social system."

The impact of the misinterpretation of the Supreme Court decision since 1886 has been fundamental and has reached far beyond the United States. Hartmann traces American history from "the birth of American democracy through the birth of corporate personhood" ending with the rise of transnational corporations and their role in world trade. He reflects on the emerging conflicts between government and corporations, citing no lesser authority than President Thomas Jefferson and his conviction that "freedom from monopolies are one of the fundamental human rights".

Hartmann devotes a chapter to the analysis of the "unequal consequences" on all major aspects of civil rights and responsibilities: protection from risk, taxes, wealth, trade and (political) influence, to list a selection. He concludes on a more positive note with a call to all concerned to redress the power balance and to restore the sharing of responsibility for the Global Commons. This book should be essential reading for all interested in and concerned in our modern trade systems, whether in the US, in other countries or globally. This well researched study is a dramatic read and leaves the reader with ample food for thought.


A call to reclaim democracy   November 25, 2002
30 out of 32 found this review helpful

As a result of a legal error in 1886 in the Santa Clara vs Southern Pacific Railroad case in the U.S, corporations were mistakenly granted legal `personhood' under the Fourteenth amendment. Hartmann charts the results of this legal error and traces the rise of corporate power and its detrimental effects on human rights, the environment and democracy itself. Showing how corporations, some now larger (in dollar terms) than some countries, now have greater rights than the humans who created them, and how through political lobbying, corporate campaign funding and a corporate controlled media, this has ...... the democratic ideals envisaged by Founding Fathers of the US Constitution.

A fascinating and disturbing history of how the very ideals of freedom, human rights for all and `all are created equal' have been consistently and routinely eroded by the effects of unchecked capitalism. In the wake of Enron, WorldCom and the rest one can only wonder with some amount of trepidation where this is leading us, as this undoubtedly affects us all. Hartmann however, as in his previous works, doesn't just criticise from the sidelines, but leaves blame aside and suggests practical suggestions as to how to rebalance this costly error. Highly recommended.