Faith in the People

Thomas Jefferson wrote, “I hope we shall crush in its birth the aristocracy of our monied corporations which dare already to challenge our government to a trial by strength, and bid defiance to the laws of our country.”

Sadly, we have not followed Jefferson’s advice. The consequence is that corporations have increasingly come to dominate our national sense of direction, so much so that the United States now leans strongly toward corporate oligarchy as a form of governance. Is “we the people” becoming “we the corporation”?

In this election year we are seeing the effects of corporate “personhood,” as it is called, particularly in the arena of campaign finance. Much of the current presidential contest revolves around money, and not just Mitt Romney’s personal fortune and where he keeps it. It has become, to the disgust of many across the political spectrum, a tenet of the current conservative contenders that votes can be bought and lies passed off as truth if enough money is thrown into the mix. In the party of the wealthy, who has the money? Corporations, of course.

Two Supreme Court cases dominate. In Buckley v. Valeo (1976) the Court held that political spending is protected by the right to free speech in the First Amendment. Then, crushing Jefferson’s hope, in Citizens United v. Federal Election Commission (2010) the Court held that corporations have a right to free speech under the First Amendment, just as though they were individuals. The latter decision opened the floodgates for corporate spending to promote the interests of monied elites—wealthy corporate entities—over those of individuals.

Democracy invests faith in the people to govern. The United States was founded on the democratic principle that all citizens have an equal say in the decisions that affect their lives. This principle has yet to be fully achieved. But progress has been made incrementally over the past two-plus centuries, granting equal civic personhood through freedom and enfranchisement of various segments of the demos, such as African Americans and women.

In this progressive realization of our democratic principle, however, the granting of corporate personhood has been a misstep. When the powers of governance come to be held by a small number of people, an elite of any sort (the military, royalty, etc.), which is the danger of corporate personhood, then we trade democracy for oligarchy. For Aristotle, oligarchy was synonymous with the rich.

Most of us—the 99% much referred to this year—are not rich and are being disenfranchised, our individual personhood diminished, as wealthy corporations become an ascendant aristocracy. Whether the American “experiment” can survive will depend on whether we the people can revive the power of the demos in our democracy.