FacebookTwitterGoogle+RedditEmail

Beware of Diversions

Careful now. Don’t repeat the signs on the street. Think first. Beware of diversions. So warns Richard Grossman.

“There’s no shortage of corruption and greed going all around,” says Richard Grossman. “But corruption and greed are not the problem. They are diversions.”

“The essence of the power arrayed against the 99 percent are structures of minority-rule governance deeply rooted, honored and celebrated, even by, I suspect, many of the people who are occupying Wall Street today.”

“I’m referring to the great myths of this nation’s founding and founders, of the U.S. Constitution and constitutional jurisprudence, the nonsense about limited governance, the sanctification of ‘the rule of law’ when lawmaking and interpreting and enforcing have been the special preserve in every generation of a small minority.”

“I’m talking about the private ordering of economic decision making, the sweeping constitutional privileges wielded by directors of the ‘creatures of law’ we call chartered, incorporated businesses camouflaged as ‘free enterprise’ and ‘the invisible hand.’”

“I hope that teach-ins about such realities in Wall Street and Washington and other places are going on. So far, I’ve not seen evidence.”

Grossman has been one of the major philosophers of the movement to challenge corporate power.

Over his career, his thinking has moved from regulate the corporation, to challenge corporate constitutional empowerment, to criminalize the corporate form.

“And criminalizing public officials who have enabled and abetted usurpation,” Grossman adds. “And then rethinking everything relating to designing institutions to help a sovereign people live in sane and rational ways.”

Grossman objects to being called the father of the movement to challenge corporate personhood – what he dismissively calls the “corporate personhood fetish.”

“ I never focused on personhood,” Grossman said. “I helped to explain Supreme Court cases starting with Dartmouth College in 1819 that turned business corporation directors into usurpers.”

“My focus was on the Constitution as a minority-rule plan of governance, and on usurpations galore.”

“And so this move to amend the Constitution that sprung up after the Citizens United decision – I don’t understand it as strategy, as an educational process, as an organizing process, as a goal.”

“Why validate the idea that amending the Constitution offers a remedy for two hundred years of minority rule? For today’s corporate state? Corporate ‘speech’ is such a minuscule aspect of the nation’s private governance and mass denials that have been in place since the nation was founded.”

“Let’s keep in mind that when the Constitution was ratified, all states denied most people standing before the law. They denied most people the authority to vote.”

“The authors of the US Constitution included no language in that plan of governance requiring the United States to remove all barriers to human liberty – to maximize liberty throughout the land.”

“They did craft language requiring the United States to remove all barriers to commerce – to maximize production and commerce throughout the land. To impose a national economy on communities throughout the land.”

“They certainly understood the concept of a strong, centralized federal government swimming in the preemption and prerogative authority of kings.” 

 

 

 

 

 

 

Russell Mokhiber edits Corporate Crime Reporter.

[For a complete transcript of the Interview with Richard Grossman, see 25 Corporate Crime Reporter 40, October 17, 2011, print edition only.]

Exclusively in the new print issue of CounterPunch

 

One of the Greatest Descriptions of Farm Work Ever Written— Don’t miss Frank Bardacke’s marvelous account from the California fields. ALSO Linn Washington Jr. on the “Black Backlash Against Obama.”

 

Order your subscription today and get
CounterPunch by email for only $35 per year.

 

 

More articles by:

Russell Mokhiber is the editor of the Corporate Crime Reporter..

Weekend Edition
June 22, 2018
Friday - Sunday
Louis Proyect
Civilization and Its Absence
June 21, 2018
Ron Jacobs
Divest From the Business of Incarceration
W. T. Whitney
Angola in Louisiana: Proving Ground for Racialized Capitalism
Susan Babbitt
Assange and Truth: the Deeper (Harder) Issue
Kenn Orphan
Humanity vs. the Rule of Law
Mateo Pimentel
Why on Earth a Country of Laws and Borders?
Michael T. Klare
The Pentagon’s Provocative Encirclement of China
Howard Lisnoff
The Outrageous Level of Intolerance is Happening Everywhere!
Vijay Prashad
The People of India Stand With Palestine
RS Ahthion
Internment Camps for Child Migrants
Binoy Kampmark
Rocking the G7: Trump Stomps His Allies
Raouf Halaby
Give It Up, Ya Mahmoud
Lawrence Wittner
Getting Ready for Nuclear War
Patrick Cockburn
Kurdish Women Protest After Being Told by Turkish-Backed Militias to Wear the Hijab
Dean Baker
When Both Men and Women Drop Out of the Labor Force, Why Do Economists Only Ask About Men?
Bruce Lerro
Big Brother Facebook: Drawing Down the Iron Curtain on Yankeedom
June 20, 2018
Henry Giroux
Trump’s War on Children is an act of State Terrorism
Bill Hackwell
Unprecedented Cruelty Against Immigrants and Their Children
Paul Atwood
“What? You Think We’re So Innocent?”
Nicola Perugini
The Palestinian Tipping Point
K.J. Noh
Destiny and Daring: South Korean President Moon Jae-In’s Impossible Journey Towards Peace
Gary Leupp
Jeff Sessions and St. Paul’s Clear and Wise Commands
M. G. Piety
On Speaking Small Truths to Power
Dave Lindorff
Some Straight Talk for Younger People on Social Security (and Medicare too)
George Wuerthner
The Public Value of Forests as Carbon Reserves
CJ Hopkins
Confession of a Putin-Nazi Denialist
David Schultz
Less Than Fundamental:  the Myth of Voting Rights in America
Rohullah Naderi
The West’s Over-Publicized Development Achievements in Afghanistan 
Dan Bacher
California Lacks Real Marine Protection as Offshore Drilling Expands in State Waters
Lori Hanson – Miguel Gomez
The Students of Nicaragua’s April Uprising
Russell Mokhiber
Are Corporations Behind Frivolous Lawsuits Against Corporations?
Michael Welton
Infusing Civil Society With Hope for a Better World
June 19, 2018
Ann Robertson - Bill Leumer
We Can Thank Top Union Officials for Trump
Lawrence Davidson
The Republican Party Falls Apart, the Democrats Get Stuck
Sheldon Richman
Trump, North Korea, and Iran
Richard Rubenstein
Trump the (Shakespearean) Fool: a New Look at the Dynamics of Trumpism
Kevin Zeese - Margaret Flowers
Protect Immigrant Rights; End the Crises That Drive Migration
Gary Leupp
Norway: Just Withdraw From NATO
Kristine Mattis
Nerd Culture, Adultolescence, and the Abdication of Social Priorities
Mike Garrity
The Forest Service Should Not be Above the Law
Colin Todhunter
Pro-GMO Activism And Smears Masquerade As Journalism: From Seralini To Jairam Ramesh, Aruna Rodrigues Puts The Record Straight
Doug Rawlings
Does the Burns/Novick Vietnam Documentary Deserve an Emmy?
Kenneth Surin
2018 Electioneering in Appalachian Virginia
Nino Pagliccia
Chrystia Freeland Fails to See the Emerging Multipolar World
John Forte
Stuart Hall and Us
FacebookTwitterGoogle+RedditEmail