A STEP TOO FAR

Audio-book Review
           By Chet Yarbrough

(Blog:awalkingdelight)
 Website: chetyarbrough.blog

   We the Corporations (How American Businesses Won Their Civil Rights)

By Adam Winkler

         Narrated by: William Hughes

Adam Winkler (Author, Connell Professor of Law at UCLA.)

If only minorities could have kept pace with corporations’ pursuit of and success for civil rights, American society may have become more equal.

However, American corporations had wealth, minorities did not.

It may be a surprise to many that corporate pursuit of civil rights dates to the early beginnings of American history. The first battle for corporate civil rights began with Alexander Hamilton’s drive to create the first American bank. His major political opponent is Thomas Jefferson. 

Jefferson opposes a national bank because he believes it diminishes State’s rights by ceding too much control to the national government. Winkler notes the irony of Jefferson’s objection in that Jefferson relies on national bank loans to subsidize his profligate lifestyle.

Winkler notes some level of civil rights for corporations is needed to protect the public from exploitation. If a corporation is not recognized as a singular public body, individual Americans could not sue for redress. Harm from unfair or harmful practices of corporations could not be tried in a court of law. However, Winkler explains an underlying concern is the gain of personhood for corporations. By being recognized as a person, corporations gain political influence beyond any individual person’s rights.

To many Americans, a 21st century Supreme Court decision on corporate civil rights is a step too far.

With the decision in Citizens United v. Federal Election Commission, the Supreme Court allows unlimited corporate donations to Americans running for political office.

Money is power, particularly in a capitalist economy. Elected officials become beholding to corporations rather than private citizens when running for office.

A prime example is the pharmaceutical and gun lobbies that have dominated both Democratic and Republican parties.

The rights of these corporate enterprises distort the benefits and dangers of both drugs and guns in American society. Over prescribed drugs and opiates advertised to the public by the pharmaceutical industry are more widely spread than ever before. If elected officials were not so beholding to gun lobbies, national background checks and red flag laws would not be so difficult for Congress to pass.

The opiate epidemic and the 5.25.22 Uvalde murder of 19 children and 2 adults is evidence of the harm done by granting too many civil rights to corporations.

Winkler’s book about corporate pursuit of personhood is burdened by legal explanations for non-lawyer listeners. However, his history gives one a deep appreciation of how civil rights can bring both good and harm to American society.

AMERICAN MALAISE

Audio-book Review
           By Chet Yarbrough

(Blog:awalkingdelight)
 Website: chetyarbrough.blog

The Retreat of Western Liberalism

By: Edward Luce

Narrated by: Julian Eifer

Edward Luce (Author, English journalist, Financial Times columnist and US commentator.)

Edward Luce offers a troubling picture of 21s century America.    His argument depends on one’s definition of “…Western Liberalism”.  If the definition is belief in human individuality and a relaxation of public custom, law, and authority, there is evidence to support Luce’s argument. 

Luce notes the election of Donald Trump is not an American aberration but a symptom of “The Retreat of Western Liberalism”.

The advent of the internet has reinforced a group think driven by belief in alternative facts that create conspiracy theories.  It is a discontent coming from many Americans ignored by rising wealth of a nation controlled by special interests.  Trump taps into that discontent.   

The irony of Trump’s rise is his personal wealth when the American gap between rich and poor is skyrocketing.  Putting that irony aside, Trump suggests America can be “Great Again” by returning to a past.

Trump creates a false hope of re-industrializing America with new jobs. The falseness of Trump’s pitch is that new jobs in America are not being created by industrialization but by technology and human services.  Trump’s appeal is loaded with false representations, amplified by media trolls.  Public custom, law, and authority are undermined by conspiracy theories that convince Americans they have been cheated out of their fair share of America’s wealth.  In truth, they have, and that is why Trump’s false pitch about “Making America Great Again” got him elected.

Trump’s anti-immigrant falsehoods feed conspiracy theories about jobs being taken from poor Americans.  Equal opportunity is a function of rising wealth in the hands of the few.  Public education and health care are unequally distributed in America.  The wealthy can afford higher education and the best health care, the poor cannot. 

Americans are poor because they are being denied equal opportunity, not because of immigration. 

Education and health care are critical for American labor’s adjustment to a changing world.  Private industry and the government have equal responsibility for assisting all Americans, not just those who have benefited from the technological revolution.

Job transition requires re-education and on-job training by employers that offer decent wages and health care. 

Luce’s point is a “rising tide has not lifted all boats”.  The technological revolution offers the same potential for western liberalism as the industrial revolution.  The election of Donald Trump was America’s “wake up” call. 

A large part of America’s population has been left out of the American Dream of western liberalism that came from opportunities provided by the industrial revolution. 

Western liberalism needs to be reinvented by investment in a technological revolution for all Americans, not just those who have benefited from the industrial revolution.  The question is whether private industry and the government are up to the task.  Will western liberalism be reinvented and promoted by ossified industrial leaders and elected representatives?  Most industry leaders and elected representatives are satisfied with the status quo while too many Americans struggle to make mortgage or rent payments.  Luce defines the problem but offers no solution.