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corporate personhood
No Kings, No Corporations: Rejecting Authoritarian and Corporate Rule
As we protest authoritarianism this Saturday—and legitimately condemn the many anti-democratic and unjust actions of Trump—let us also remember the tyranny of our corporate overlords who have been—perhaps more quietly but not less aggressively—eroding our democracy.
Jun 11, 2025
The “No Kings Day” mass rallies and marches this Saturday across the country will be, hopefully, a political and cultural affirmation of the democratic vision that we should be a self-governing people, a vision that has never been fully realized. The events must not only reject the reemergence and expansion of authoritarianism of Trump from his previous administration. They should also acknowledge the much longer tyranny and authoritarianism of corporate rule.
Speeches, signs, chants, and petitions will undoubtedly address the numerous authoritarian actions by the Trump administration since the election. These include pardons and immunities for loyalists, the use of federal agencies against political opponents, use of disinformation and threats against elected officials, mass deportations and family separation, executive orders that trump local and state governments, government loyalty purges, crackdown on the media and dissent, and militarized response to protests – such as the overreacting deployment of the Marines in response to the largely peaceful protests against ICE immigration raids in Los Angeles.
As we protest authoritarianism this Saturday—and legitimately condemn the many anti-democratic and unjust actions of Trump—let us also remember that tyranny has many symbols. One is a red hat. The other is a corporate logo.
The No Kings Day actions are just the latest and important public resistance to Trump’s tyrannical actions that have included other nationwide demonstrations and civil disobedience, legal challenges, whistleblowers and leaks, mutual aid, sanctuary networks, state and local government pushback, worker and union actions, and campus resistance.
Yet the reality is that Trump and his Project 2025 playbook represent one form of authoritarianism that, while distinct in some respects, intersects with another deeply entrenched form: corporate domination.
Unlike Trump’s style of blatant and unapologetic brute force, intimidation, and open defiance of the rule of law, corporate rule has been a slow, legalistic, never ending, and largely invisible seizure of power — not by individuals, but by artificial legal entities with little public accountability.
Corporations today define nearly every aspect of our lives:
- Our values: Consumerism and its emphasis on profit-first “logic” and primacy of property protection over human rights and the rights to a livable world.
- Our labor: Work hours, wages, and benefits are dictated by corporate interests.
- Our environment: Corporations control production, pollution, extraction, and destruction.
- Our food system: From seeds to supermarkets, agriculture is consolidated and chemically dependent.
- Our technology and data: AI, surveillance, and algorithms are driven by profit and privatization.
- Our politics: Elections, legislation, and regulation are shaped by lobbying and campaign contributions.
- Our culture and information: Entertainment, education, and news are filtered through corporate lenses.
How did this happen? The sword and shield of corporate rule is the U.S. Constitution. Despite corporate entities being originally created and defined by the government as a public tool to provide goods and services, the Supreme Court declared them to be private institutions, out of bounds to public definition and control. What had originally been the state providing mere “privileges” via the granting of charters or licences that could be withdrawn via the revoking of charters that violated the law became constitutional rights deemed beyond the reach of legislatures or individuals.
The Supremes have anointed corporations the constitutional rights of natural persons for more that a century, including:
- First Amendment rights — to spend unlimited money on elections (Citizens United v. FEC being the latest decision), to not to speak, to lie, and even to some extent religious rights
- Fourth Amendment rights — to block health, safety, and environmental inspections.
- Fifth Amendment takings rights — to challenge local and state regulations under the Takings Clause that affect profit.
- Fourteenth Amendment equal protection — to avoid differential treatment in the law, even when such laws protect local businesses and communities over chain stores and other businesses.
Corporate “personhood” is an absurdity, yet humanly, environmentally, and democratically lethal.
While there have been frequent mass actions over single corporate abuses, we don’t see mass protests in the streets about the totality of corporate rule. Why does corporate tyranny go unchallenged?
Corporate rule has been normalized. It is:
- Cultural: So embedded that we barely notice it — from Amazon to Apple to Exxon to BlackRock. Call it the “fish discover water last” syndrome in which it's so much a part of our daily lives that it’s hardly recognized..
- Gradual: It’s happened over a century, one Court decision at a time, which is challenging to understand given the legal complexity and, of course, rarely covered by the corporate press.
- Justified: We’re told corporations bring jobs, innovation, and prosperity — even as economic inequality soars and corporate entities are increasinbly able to shift capital where and when they want to other states or nations.
- Powerful: We’re told that the economic and political power of mega-corporations is inevitable and irreversible – so public focus should remain on elections, statutes, and regulations that merely manage corporate harms and impose minimal guardrails, keeping us perpetually on the defensive, opposing one corporate abuse or company at a time while censoring ourselves from demanding structural change.
- Feared: To criticize corporations is to risk being labeled “anti-American,” a “socialist,” a “Luddite” or worse.
Move to Amend exists to expose and abolish corporate constitutional rights and the doctrine of money as speech through the We the People Amendment (HJR54). This is not about regulating corporations better. It’s about breaking the illegitimate foundation of their power and declaring that we should have the power and right to define corporate actions.
As we protest authoritarianism this Saturday—and legitimately condemn the many anti-democratic and unjust actions of Trump—let us also remember that tyranny has many symbols. One is a red hat. The other is a corporate logo.
So let us all turn out on No Kings Day not only to oppose authoritarian rule, but also as an opportunity to oppose corporate rule, which will remain long after Trump is gone.Keep ReadingShow Less
Criminal Corporations Are Not People, But Trump Just Pardoned One Anyway
"If you're a corporation in a favored industry, you can break the law. You can get caught. You can be prosecuted and sentenced with a $100 million fine, and it doesn't matter," said one consumer advocate.
Apr 03, 2025
In what could be a U.S. first, President Donald Trump last week pardoned a criminal corporation, a move that largely flew under the proverbial radar amid his pardon spree for white-collar criminals including at least one of his supporters.
On March 28, Trump pardoned HDR Global Trading, the owner and operator of the cryptocurrency exchange BitMEX; company co-founders Arthur Hayes, Benjamin Delo, and Samuel Reed; and former business development chief Gregory Dwyer.
The company and the four men hads each pleaded guilty to one count of violating the Bank Secrecy Act "by willfully failing to establish, implement, and maintain an adequate" anti-money laundering program, as required by law. In January, the U.S. Department of Justice sentenced BitMEX to a fine of $100 million, while the executives were sentenced to criminal probation and ordered to pay civil fines.
While experts noted that Trump acted within his rights to pardon the corporation, there is no known precedent for a president taking such action.
Trump's corporate pardon sends a clear message: “If you’re a corporation in a favored industry, you can break the law. You can get caught. You can be prosecuted and sentenced with a $100 million fine, and it doesn’t matter”
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— Rick Claypool (@rickclaypool.bsky.social) April 2, 2025 at 7:18 AM
Noting the U.S. Supreme Court's highly controversial 2010 Citizens United v. Federal Election Commission ruling—which affirmed corporate personhood and the dubious notion that unlimited outside spending on political campaigns is free speech—Stanford Law School professor Bernadette Meyler told The Intercept that "while we have seen the rise of a trend of treating corporations as persons in other areas of law, we haven't seen that so far in the area of pardoning."
Kimberly Wehle, a professor at the University of Baltimore School of Law and preeminent pardons expert, wrote for The Hill on Tuesday that the BitMEX pardons send the message that "companies involved in financial crimes don't have to worry about accountability under this president, as least when it comes to crypto, for reasons that he has no incentive to ever make known."
"BitMEX can continue its prior criminal practices with federal impunity, and maybe even rely on the pardon to thwart future investigations into related conduct by federal lawmakers or state prosecutors," Wehle added. "The biggest losers in this deal are, once again, the American people, including the more than 77 million who might finally be realizing that they voted for lawlessness last November."
"The biggest losers in this deal are, once again, the American people."
Brandon Garrett, a Duke University law professor specializing in corporate crime and punishment, told The Intercept that the BitMEX pardons are part of a wider pattern of impunity under Trump, who "now seems to be systematically pardoning corporate malefactors left and right without respect, really, to any real serious consideration about the merits of the cases [or] the larger policy implications of issuing these pardons."
As the consumer advocacy watchdog Public Citizen recently noted, "The Trump administration has dropped, withdrawn, or halted investigations and enforcement actions against over 100 corporations in its first two months in office."
Beneficiaries include companies owned or led by Trump donors or allies, including private prison giant GEO Group; Zelle network banks JPMorgan and Bank of America; crypto firms Coinbase, Gemini, Kraken, OpenSea, Ripple, and Robinhood; and Elon Musk's SpaceX.
"Trump's corporate pardons show the president's true base is the billionaire executives and corporate elites lining up to indulge their greed at the trough of Trump's corruption," Public Citizen research director Rick Claypool said last week. "Trump's soft-on-corporate crime approach invites a corporate crime spree and potentially catastrophic abuses for America's consumers, workers, and communities."
Public Citizen co-president Robert Weissman added that the Trump administration's "effective no-enforcement policy against corporations virtually guarantees more financial scams, more workplace discrimination, more poisoning of the air and water, more food contamination, more fraud, more disease, and more preventable death."
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Trump's Far-Right Army Is Threatening Bloodshed. Believe Them.
We must not only resist, but prevail. If we do not, it will be nearly impossible to reverse the course that America’s right-wing billionaires have set us on.
Jul 05, 2024
Kevin Roberts, who heads the Heritage Foundation (largely responsible for Project 2025) just implicitly threatened Americans that if we don’t allow him and his hard-right movement to complete their transformation of America from a democratic republic into an authoritarian state, there will be blood in the streets.
“We’re in the process of taking this country back,” he told a TV audience, adding:
“The reason that they are apoplectic right now, the reason that so many anchors on MSNBC, for example, are losing their minds daily is because our side is winning. And so I come full circle on this response and just want to encourage you with some substance that we are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”
He’s not wrong. America has been changed as a result of a series of corrupt rulings by Republicans (exclusively; not one of these rulings has been joined by a Democratic appointee) which have changed America’s legal and political systems themselves.
As Roberts notes, this is really the largest issue we all face, and our mainstream media are totally failing to either recognize or clearly articulate how radically different our country is now, how far the Republicans on the Court have dragged us away from both our Founder’s vision and the norms and standards of a functioning, modern democratic republic.
These actions — corporate personhood, money as speech, ending the Chevron deference to regulatory agencies, and giving the president life-and-death powers that historically have only been held by kings, shahs, mullahs, dictators, and popes — have fundamentally altered the nature of our nation.
First, in a series of decisions — the first written by that notorious corporatist Lewis Powell (of “Powell Memo” fame) — Republicans on the Court have functionally legalized bribery of politicians and judges by both the morbidly rich and massive corporations.
This started with Powell’s 1978 Bellotti opinion, which opened the door (already cracked a bit) to the idea that corporations are not only “persons” under the Constitution, but, more radically, are entitled to the human rights the Framers wrote into the Bill of Rights (the first ten amendments).
Using that rationale, Powell asserted that corporations, like rich people (from the Buckley decision that preceded Belotti by two years), are entitled to the First Amendment right of free speech. But he took it a radical step farther, ruling that because corporations don’t have mouths they can use to speak with, their use of money to spend supporting politicians or carpet-bombing advertising for a candidate or issue is free speech that can’t be tightly regulated.
Citizens United, another all-Republican decision with Clarence Thomas the deciding vote (after taking millions in bribes), expanded that doctrine for both corporations and rich people, creating new “dark money” systems that wealthy donors and companies can use to hide their involvement in their efforts to get the political/legal/legislative outcomes they seek.
Last week the Republicans on the Court took even that a huge step farther, declaring that when companies or wealthy people give money to politicians in exchange for contracts, legislation, or other favors, as long as the cash is paid out after the deed is done it’s not a bribe but a simple “gratuity.”
So, first off, they’ve overthrown over 240 years of American law and legalized bribery.
Last week they also gutted the ability of federal regulatory agencies to protect average people, voters, employees, and even the environment from corporations that seek to exploit, pollute, or even engage in wage theft. This shifted power across the economic spectrum from a government elected by we the people to the CEOs and boards of directors of some of America’s most predatory and poisonous companies.
Finally, in the Trump immunity case, the Court ruled that presidents are immune from prosecution under criminal law, regardless of the crimes they commit, so long as they assert those crimes are done as part of their “official” responsibilities. And who decides what’s “official”? The six Republicans on the Supreme Court.
These actions — corporate personhood, money as speech, ending the Chevron deference to regulatory agencies, and giving the president life-and-death powers that historically have only been held by kings, shahs, mullahs, dictators, and popes — have fundamentally altered the nature of our nation.
It’s almost impossible to overstate the significance of this, or its consequences. We no longer live in America 1.0; this is a new America, one more closely resembling the old Confederacy, where wealthy families and giant companies make the rules, enforce the rules, and punish those who irritate or try to obstruct them.
In America 2.0, there is no right to vote; governors and secretaries of state can take away your vote without even telling you (although they still must go to court to take away your gun).
They can destroy any politician they choose by simply pouring enough cash into the campaign system (including dark, untraceable cash).
The president can now go much farther than Bush’s torturing and imprisoning innocent people in Gitmo without legal process: he can now shoot a person on Fifth Avenue in plain sight of the world and simply call it a necessary part of his job. Or impoverish or imprison you or me with the thinnest of legal “official” rationales.
We no longer live in America 1.0; this is a new America, one more closely resembling the old Confederacy, where wealthy families and giant companies make the rules, enforce the rules, and punish those who irritate or try to obstruct them.
America 2.0 is not a democracy; it’s an oligarchy, as I wrote about in The Hidden History of American Oligarchy. The South has finally — nearly — won the Civil War.
While it will be months or more likely years before all of these new powers the Republicans on the Court have given the president, rich people, and corporations begin to dawn on most Americans, they will, step-by-step transform this country into something more closely resembling Hungary or Russia than the democracies of Europe and Southeast Asia.
The only remedy at this late stage in this 50+ yearlong campaign to remake America is a massive revolt this fall at the ballot box, turning Congress — by huge majorities — over to Democrats while holding the White House.
If we fail at this, while there will be scattered pockets of resistance for years, it’ll be nearly impossible to reverse the course that America’s rightwing billionaires have set us on.
There has never been a more critical time in the history of our nation outside of the last time rich oligarchs tried to overthrow our democracy, the Civil War. Like then, the stakes are nothing less than the survival of a nation of, by, and for we the people.
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