The Real History of 'Corporate Personhood': Meet the Man to Blame for Corporations Having More Rights Than You

By Jeffrey Clements, Berrett-Koehler Publishers
Posted on December 6, 2011, Printed on December 10, 2011

The following is an excerpt of Jeffrey Clement's Corporations Are Not People: Why They Have More Rights Than You Do and What You Can Do About It.) Click here to order a copy.

In 1971, Lewis Powell, a mild-mannered, courtly, and shrewd corporate lawyer in Richmond, Virginia, soon to be appointed to the United States Supreme Court, wrote a memorandum to his client, the United States Chamber of Commerce. He outlined a critique and a plan that changed America.

Lewis Powell, like the Citizens United dissenter Justice John Paul Stevens, was a decorated World War II veteran who returned to his hometown to build a most respected corporate law practice. By all accounts, Powell was a gentleman — reserved, polite, and gracious — and a distinguished lawyer and public servant. Commentators and law professors cite Powell’s “qualities of temperament and character” and his “modest” and “restrained” approach to judging. At his funeral in 1998, Sandra Day O’Connor, who had joined the Supreme Court in 1987, said, “For those who seek a model of human kindness, decency, exemplary behavior, and integrity, there will never be a better man.” Even the rare critic will cite Lewis Powell’s decency and kindness.