Beyond Personhood: Why Corporations Love the Constitution More Than You do

By Randy Hayes and Shannon Biggs

What do you love about the U.S. Constitution?

As we grimly mark the 3rd anniversary of the infamous Supreme Court of the United States (SCOTUS) Citizens United ruling that opened the corporate-funded floodgates, empowering Billionaires to speak loudest in our elections, it is an important if not overlooked question.

For the rest of us who can’t afford our own SuperPAC, ‘corporate personhood’ has become shorthand for all that ails our flagging democracy. Amending the Constitution to abolish it and/or repeal Citizens United is certainly a movement gaining steam, and it has created space for casting a critical eye on the structural defects of our system. But if the bull’s eye is fixing government in the hands of the people, then it is time to ask: If the Supreme Court had never granted “personhood” privilege to corporations, would rights of people, communities and nature be protected? Would we have democracy? Would this one fix affect the wide scale change we seek?

Truth is, there is far more standing in the way of building sustainable, democratic and just communities than corporate personhood. To dismantle corporate rule we have to look at ALL the tools that the U.S. Constitution provides to the powerful few corporate rulers, enabling them to override the needs of local and state majorities and the natural systems upon which we depend. Maybe it’s time to do what Thomas Jefferson advised every generation to do and rewrite the Constitution itself.

While criticizing corporate personhood has reached the mainstream, questioning the Constitution is not just a conversation killer—its the ultimate taboo topic from the lunatic fringe. With so much at stake, it’s time to take open stock of this powerful document and contemplate: What do we really love about it, or find convoluted or missing?

What the Constitution AIN’T

Here we sit 225 years into the current Constitution—and from the onset of climate disruption to drone warfare to the Internet, the world has changed in ways that would boggle a Founding Father’s mind. Yet questioning the legend or wisdom of the framers can still be as electrifying as touching the third rail on the subway.