Leftist Thought and Social Media in the Information Age

By Zoe Thomas

 

Republished in modified form from The Michigan Specter.

 

Fifty years ago, people encountered leftist thought primarily through activism, published works, and educators. In recent years, however, this has changed drastically. Today, for better or worse, the internet is the primary means through which leftism is disseminated and consumed. 

As a vehicle for spreading progressive ideas, the internet has largely been a democratizing force. Ideology is no longer solely the terrain of a relatively educated, elite vanguard. These days, you do not need to enroll in a class or even buy a book to learn about socialism. The information is freely available online and thus far more accessible to the average person.

Of course, more traditional, academic sources are available online, which does increase access to the scholarly writing of Marx and Marxists. However, this kind of literature can be intimidating and largely inaccessible to some people. Theory written centuries ago, or even modern theory written by academics, can even represent another language that enforces a kind of class divide along educational lines. To combat this and reach a broader audience, many modern leftist creators present similar ideas in a more entertaining, comprehensible way. 

Their efforts have gone a long way toward demystifying leftist ideas. This has allowed hisorically-obscured views to filter into the mainstream. But the new brand of leftist content isn’t just more accessible; it is also more relevant to the average person. Rather than just presenting centuries-old ideas, socialist creators are applying them to contemporary issues to foster practical social consciousness.

As leftist creators gain a foothold online, they are counterbalancing the conservative skew of platforms like Twitch and Reddit. And having such content in these spaces matters. It challenges the right-wing media monopoly head-on and obstructs dangerous pipelines that threaten to brainwash vulnerable young people with reactionary and regressive ideology.

But new leftist media is not without its flaws. While simplifying complex issues can be helpful, creators too often oversimplify them for marketing reasons. Moreover, some creators cultivate troubling cults of personality, touting their opinion as fact and punishing intracommunity dissent.

Indeed, many of the new left-wing personalities are of questionable moral character and frequently engage in blatant hypocrisy by clout-chasing. Of course, there are levels to their indiscretions, ranging from the purchase of expensive sports cars to using racial slurs in an attempt to win over the Right.

Perhaps the most worrying trend in new leftist media is that much of it falls prey to debate culture. Progressive commentators frequently engage with the arguments of their mainstream opponents, creating an industry of “responding to the Right.” But this approach mostly fails to win hearts and minds. Instead, it usually redounds to a battle of wits that leads nowhere.

When two career commentators debate online, it can give the appearance of real people having a conversation in which both parties listen and consider one another’s ideas. Yet, in these fabricated interactions, they both always come out on top, profiting off of important political issues that affect people’s lives. This is yet another area of politics where monetary incentives are a thoroughly corrupting force.

Although the benefits of exposing more people to leftist thought with social-media tactics are incredibly valuable and important, the manner in which it is being done leaves a lot to be desired. To be successful and remain true to its cause, online leftism must not just “fight the Right,” but exist independently from it, so as to promote the people and ideas that have given the movement its power.

Zoe Thomas is an undergraduate studying political science at the University of Michigan and a staff writer for The Michigan Specter.

More than Mercenaries: Police as the Crucible of Fascism in the U.S.

By Comrade Dremel

Republished from The Red Clarion.

Fascism is ascendant in the imperial core. The U.S. and its junior partners are waging an increasingly bloody war on all fronts, in an attempt to bolster the decaying husk of capital. The foot soldiers in this war are the police. Armed to the teeth and trained to kill, police are positioned as an occupying force in every locale across the empire. The violence perpetrated by police increases in magnitude with each passing year, with the targets of this violence being overwhelmingly the poor, Black, Indigenous, immigrant, queer, and disabled populations most despised by the empire. Even a cursory glance through the history of law enforcement in the U.S. exposes its role as the assault engine of white supremacy and capitalist hegemony.

Even before the settler-republic declared independence, slave patrols were organized to deal with the ever-growing population of enslaved African labor and the threat of rebellion. Hired guns would patrol the property, investigating and brutally punishing dissent, the possession of weapons, and attempted escapes. As far back as 1643, the English colonies were organizing themselves into confederations, pledging to enforce each others’ “right” to the return of fugitive slaves and indentured servants:

It is also agreed that if any servant run away from his master into any other of these confederated Jurisdictions, that in such case, upon the certificate of one magistrate in the Jurisdiction out of which the said servant fled, or upon other due proof; the said servant shall be delivered, either to his master, or any other that pursues and brings such certificate or proof.

Following the establishment of the United States, plantation owners quickly began entreating state legislatures to form standing patrols, as well as laws that explicitly targeted all Black people — regardless of their legal status. These fugitive slave laws and the patrollers enforcing them curtailed Black freedom of movement and assembly, subjected them to constant questioning, and inflicted unspeakably violent punishments. These practices spread throughout the colonies, and the institution of policing as a means of oppressing Black and Indigenous populations went from ad hoc posses to state machinery.

Following the U.S. civil war, despite the legal end of slavery, slave patrols prowled the countryside. Anti-Black violence, once perpetrated by pre-war slave-catching squads, took on the same form as anti-Indigenous violence: it shifted to the domain of terror groups such as the Ku Klux Klan. These vigilante terror organizations were, in many cases, composed of the elite of Southern and Western U.S. society: plantation owners, former Confederate officers, and ex-slave-catchers. Not only were these men enlisted by the secretive, semi-legal terror societies, but they also joined the rush of explicitly authorized “Indian fighters” – U.S. soldiers and cavalrymen, hired guns, and bounty hunters that poured into the Indigenous lands still left west of the Appalachian chain that the young settler-republic had determined must belong to white men.

To support this new drive, laws were carefully rewritten to empower police to enforce the political and economic repression of non-white people. This fundamental principle of U.S. settler law laid the foundation for the white-supremacist laws of today. The disproportionate impact of law enforcement on racialized populations has been thoroughly examined and excoriated for decades. The verdict is clear: law enforcement is systematically constructed to perpetuate white supremacy.

Since the creation of municipal and regional police in the 19th century, they have not only targeted Black and Indigenous persons. The police were not merely the enforcement arm of the theft of Native land and the suppression of Black labor; they have been the armed fist of capital, serving to break strikes, attack unions, and halt the labor movement in its tracks. Capitalists have consistently called upon police, private security, and the military to break strikes, often with deadly force. Under the guise of “peacekeeping,” cops respond to mass demonstrations by cracking skulls. Since the cold war, the intelligence wing of law enforcement has used the specter of communism to harry and infiltrate militant labor movements. With the blood of thousands of workers on their hands, the presence of police “unions” in labor federations like AFL-CIO is a grotesque mockery. The police are not workers: they are our most violent oppressors.

Cops are not simply hapless mercenaries, selling their labor as cogs in a repressive machine. They are not blameless workers caught up in a Kafkaesque machinery beyond their capacity to change. They are active participants in murder, genocide, labor suppression, and all the heinous acts for which they were created. They are the active agents of colonial and imperialist oppression. Indeed, the nature of policing as a tool of enforcing white supremacy and capital hegemony makes it especially appealing to a particular class of ideological actors. Police forces are staffed by the most motivated white supremacists. Fascist militias are largely populated by cops (active and retired), military veterans, and small business owners, as well as those with aspirations to law enforcement. They dedicate huge amounts of time, money, and labor to organizations designed to enforce white supremacy – all while comfortably employed in service of an empire built on those ideals. Many such groups paint themselves as “anti-government,” because they believe the U.S. government is holding them back from their fascist aims. That is, they resent the fact that the state has itself attempted to regulate white supremacist violence into a form it can control; they long for the early settler-republic, when any white man could wreak his will with a riding crop, a fist, or a Colt and no one would gainsay him.

State-sanctioned violence and extrajudicial fascist terrorism cannot be so identified as pointing out a badge.  In a recent database leak, exposing membership lists of the fascist Oathkeepers, numerous high ranking officers and sheriffs were identified among the hundreds of law enforcement officers on the books. One such lieutenant — who signed up for the Oathkeepers with the promise to use his position to recruit for the organization — was transferred to administrative duties upon knowledge of his involvement. Months later, he was back to his normal duties, as if nothing had happened. The police are police whether they wear their badges or not.

Law enforcement often dedicates some labor toward monitoring white supremacist extremism, although this is vastly overshadowed by its investment in tracking and attempting to entrap leftist organizations. Undercover agents and confidential informants insinuated into fascist groups often fail to report vital information, use their position to testify in defense of these groups, or are simply ignored by their handlers. The FBI, generally tasked with handling these investigations, are simply uninterested in the incrimination of fascists, instead instructing their informants to gather intelligence on the opponents of fascism. Law enforcement is deeply invested in the project of maintaining a white supremacist status quo. It has a long history of surveilling and violently repressing those who seek liberation, while giving unending leeway to those who attempt to heighten that oppression.

The overlap between fascist groups and law enforcement is sporadically reported on by bourgeois institutions, including media exposes, academic reviews, and even intelligence reports. Like all liberal exposes, however, these serve a dual purpose; by presenting the information, they defang it. The framework of these reports usually presents the presence of “bad apples” and promises that the issue merely needs some pressing reform. Thus, these liberal bourgeois reports disguise the fundamental nature of the white supremacist violence that pervades settler society. Through the lens of liberal “analysis,” all social ills are the result of scoundrels sullying otherwise valorous institutions. However, this misunderstands not just the material base out of which these very institutions were crafted in the first place, but also the insidious ways in which they get continuously reproduced, refined, and made more suitable to their primary purpose: maintaining the particular property relations of capitalism.

Policing presents its semi-legitimate face as “protecting the people,” originally with an explicitly racialized definition of “the people,” then retreating into implications and dog whistles. To bolster the white supremacist mythos that paints racialized populations as the source of civil strife, the ruling class has spent centuries pumping money into bad studies and employing racist professors to espouse the theory that certain populations are inherently “criminal.” Every new measure passed to empower the police has come with corresponding narratives stoking the fascist flames: “superpredators,” “crack epidemic,” “migrant caravans”. This has served to simultaneously drive recruitment and political support for the police from among the beneficiaries of white supremacy. The attractiveness of law enforcement to today’s fascists is unsurprising, given this historical context.

Law enforcement itself serves as a crucible of fascism, concentrating the most destructive aspects of the ideology into a superheated core. Its role as the violent arm of the state provides fertile soil for recruiting, training, and organizing nascent white supremacists into capable, radicalized cadres, indoctrinated with fascist ideology and inoculated against empathy. Combined with the tendencies of groups toward polarization (a meta-analysis of which can be found here), the overtly oppressive role of law enforcement creates an environment that drags its members toward fascist radicalization. This radicalization happens in much the same way that all institutions (fascist or not) mature into hegemonic forms, through the mutually-reinforcing processes of selection and intensification.

Selection is the process of sorting masses of individuals based on their demonstrated values and selecting the “best” — i.e. most well-suited to the group’s aims — for promotion, deeper into the institution. Although this can be a rigidly-defined process, as in the case of deliberately constructed organizations (such as workplaces), selection also takes place constantly throughout social life. Friend groups, community associations, activist circles, and more are constantly going through a loose process of selection; those who best fit in with the group and its purpose tend to find themselves more deeply involved in it, encouraged by those already integrated within it. The values being selected for vary from group to group, and can cover an immense range of criteria: specific skillsets, existing social ties, resources, even fashion sense or humor. The most common value being heuristically screened for, across all social structures, is how well an individual “clicks” with the existing group: like selects like. “Promotion,” of course, can also be a spectrum: anywhere from simply spending more time with like-minded individuals to actively being given more responsibilities and privileges within an organized structure. As specific traits get selected for, the individuals exhibiting those traits become better positioned to do the selecting, bringing in other individuals who share those same traits that brought them through the process themselves.

Intensification is the deepening of existing values, making individuals that move through an institution become more suited to the institution’s purpose. Again, this process can be explicit or informal, depending on the specific context. Individuals can be formally trained in specific skills, subjected to exercises designed to impart values and lessons through experience, go through rituals to promote group cohesion, or simply be subtly influenced by existing members of the group in a passive process of socialization. The more formally-organized a group is, the more explicit the programs of intensification that tend to be employed, but the social aspect is always present, and is often of the most relevance. As social creatures, humans are primed to modify our own behaviors and ideals to best integrate into our particular social environments. Over time, whether through passive or active means, groups tend to engender in their members deeper commitment and competence. Whether as education, radicalization, or collegiality, intensification works to define the character of both a group and the individuals within it.

These two processes act in concert, at all levels of institutions, playing into each other to best adapt a group to its niche. Selection elevates those individuals best adapted to modulate the intensification of others: the most charismatic speakers, the most skilled leaders, the most committed to the cause, inevitably find themselves brought up into a position to bring up their like-minded compatriots. Intensification serves as an indicator for selection, with those for whom the process yields the most favorable results increasingly demonstrating their fitness. Those who fail or refuse are seen as poorly-suited to the group and become ever-more estranged, if not outright ejected from the group. As an institution takes shape, these processes can cause it to calcify and regiment its process. Selection becomes increasingly based on set criteria, with explicitly delineated measures of promotion. Intensification practices become standardized trainings and rituals aimed at achieving specific results. But even in the absence of formal protocols, the social structure itself continues to set the pace of its own development, through the placement and shaping of its members.

Nowhere is this more typified than in the crucible of fascism. A new recruit on the force has already gone through several steps of selection and intensification that are adapted to the niche fascism aims to occupy. To even want to join, an individual must already believe in the myth of police as “peacekeepers.” They must ignore the blatant violent excesses of the institution. They already have an instinct toward protecting capitalist, white supremacy hegemony — whether they fully realize it or not. In other words, the police recruitment process itself has already selected for people who tend toward violence, chauvinism, ego, and myopia in service of capital (even if these traits are not always fully-formed in the novice). These traits are intensified during training, where recruits are taught laws, practice with firearms and other weapons, learn interrogation tactics, go through drills on handling “hostiles,” and more. Every step of the training serves to viscerally engrain in these recruits that they are the last line of defense for society against a violent, degenerate, implacable enemy, that their fellow brethren are comrades-in-arms, that the mission of the police is pure and righteous, worth laying down their very lives. They are taught that violent confrontation is not only inevitable, but righteous. In short, by the time they even become a full member of the force, people who were already filtered for traits suitable to fascism have already begun being radicalized into an ideological resentment toward the communities they police.

And then the process really gets started.

When that recruit walks into headquarters, he is entering a building absolutely packed with people who were just like him when they were recruits. Some were simply idealistic and justice-minded, without much regard for the obvious systemic horrors of the institution. Some were white supremacists from the beginning, and saw those horrors as noble. All of them went through a refinement process, and all have been modified by it in some way. They may have nervously laughed off bigoted comments, or they may have made some themselves to fit in. They may have seen squadmates commit acts of brutality, and thought to submit an official complaint — provoking the ire of their compatriots — or they may have eagerly joined in. They have spent every working day being exposed to propaganda, both informal and officially-sanctioned, about crime rates and the dangers of their profession and the fundamental threat posed by “certain communities.” They are promoted officially based on their arrests, tickets, experience, and the approval of higher ranking officers. They are promoted socially based on their cohesiveness within a group that has gone through these same radicalizing processes.

Those who couldn’t cut it — those who were too turned off by the systemic abuse, casual chauvinism, and blatant lies — are not in the room when that recruit walks in. Those who have best embraced that regressive atmosphere are introduced to him as mentors. In a radicalizing environment, the least radical have the least influence and the most radical dominate. In the case of police specifically, fascists find themselves easily making friends, enforcing “law and order,” and rising through the ranks, both institutionally and socially. They find themselves in positions of influence, and continue to shape the process that helped shape them. This attracts more of their ilk to the force, further impacting its development — and theirs. The state gains ever-more violent and rabid enforcers, while the fascists gain ever-more combat experience, fresh recruits, and institutional backing.

Whatever the particular proclivities of that recruit, he will find himself either becoming more immersed in the fascist milieu, more aligned with their ideals, tactics, and even extrajudicial organizations — or he will find himself ostracized, friendless, demoted, fired. The more the members of fascist militias integrate themselves into the (already fascistic) institution, the less common that latter outcome occurs. The initial selection process becomes implicitly more discerning, with potential recruits needing to meet a higher and higher threshold for what level of brutality they think is justified. The training and propaganda become more intense, directed as they are by those already selected for fascist allegiance. The distinction between state-sanctioned violence and paramilitary formations becomes more and more irrelevant.

This is the real reason all cops are bastards: all cops are subjected to a potent, omnipresent bastardization apparatus. They are recruited by fascists, trained by fascists, mentored by fascists, promoted by fascists. If they happen to join another fascist organization, that’s simply them branching out. And when they do, they bring with them tactical training, weapons proficiency, social prestige, state support, and an intensified clarity of purpose. The enemy of the working class is an active army: well-armed, well-resourced, well-organized, and highly motivated. They can be met with nothing less.

Comrade Dremel is a member of the Unity-Struggle-Unity Staff, an experienced educator, organizer, and scientist based in Maryland. Their organizing work has largely centered around labor agitation and fostering scientific literacy, with an emphasis on climate change and pandemic preparedness.

How Ordinary People Become Nazis: A Review of Robert Gellately's 'Hitler's True Believers'

By Charles Wofford

Imagine a political speech so venomous, so hate filled, so threatening, that at times it is impossible to understand the speaker. He rages against enemies foreign and domestic, against capitalism, against communism, against ethnic and political minorities, against disabled people, and insists on the superiority of his own nation. Thousands of torch-bearing zealots respond with orgasmic delirium. Is it not obvious who this image is supposed to evoke?

The image of German fascism as an overwhelming, cult-like madness is common and is re enforced by the Hollywoodization of the Nazis. In popular media Nazis might as well be demons who merely appear as human. As a result the protagonist may kill them without any guilty conscience. Ironically, this same mechanism of spectacle-induced failure of conscience found extensive use in German fascism. The radical Othering of the Nazis is comforting; it ensures us that it couldn’t happen here, it couldn’t happen to us, because the Nazis are not us, they are the radical Other.

In Hitler’s True Believers: How Ordinary People Became Nazis, Robert Gellately shows that the German fascists were far more rational and normal than we often imagine. This is not his endorsement, of course. Gellately’s real accomplishment is in showing how normal the Nazis were without “normalizing” them, showing how rational they were without “rationalizing” their atrocities. The Nazis were not the radical Other; most of them were not very different from us. They went to work, followed the law, and loved their families. The lesson is how easily it all happened to the German people, how every step along the way made sense at the time, and by implication how easily the same thing could happen to us. Perhaps it already has.

The German people were aware of the regime’s crimes; indeed, they were in many cases active participants. If it were not for mass grassroots initiative the Nazis would not have been as successful as they were. Gellately writes of racial persecution, “It was all so public and impossible to overlook. […] The public did more than stand idly by, because numerous individuals cooperated in the enforcement of racial policy, before and after the milestone reached with the Nuremburg Laws in 1935” (263).

The most difficult lesson for those of us on the Left is recognizing that the “socialism” in “National Socialism” is not just a moniker but had real content. German fascism was a broth of nationalism, socialism, and antisemitism. The nationalist angle put it in opposition to the international socialism of Marxism, and the socialism positioned it as a foe to the bourgeois democracies of France, Britain, and the United States. Though the Nazis were hostile to the idea of abolishing all private property, they did seriously attempt to abolish finance capital (which, of course, they linked with Jewish influence), and they did attempt to nationalize several industries to wield them in the name of the German people. The antisemitic conspiracy mongering enabled the fusion, as the German fascists cast their capitalist foes and their Marxist foes as two sides of the same Jewish-led effort at world domination. The negative manifestation of this worldview culminated in the Holocaust. The positive vision was the Volksgemeinschaft.

Volksgemeinschaft is the National Socialist utopia; a futuristic vision of a society living in harmony with nature. “Nature” here is conceptualized in terms of a bogus blood-and-soil theory, but that was not an invention of the Nazis. Similar forms of racism were widely entertained throughout the global scientific community. “Volk” literally means “people,” but refers to a racialized concept of it as in the Völkisch Movement of late 19th century Germany. “Gemeinschaft” may be translated as “community,” but refers more to tight-knit communities of people who know each other personally (contrast Gesellschaft, a more rationalist conception of society as defined through social contracts, rational self-interest, etc.) Volksgemeinschaft is what emerged from the blending of nationalism and socialism. Its racism makes it repugnant to an internationalist or humanist perspective championed by the Left, while its community-oriented nature is repellant to today’s neoliberal individualism. The point here is that the Nazis were anti-humanist and reactionary, but they were also futurist and modern. They were not conservative.

But that recognition puts us in a difficult spot. Today’s popular left discourse has committed itself to an outright denial of any authentically socialist character to German fascism. So acknowledging that National Socialism is one of the infinite conceivable varieties of socialism leaves the Left rhetorically exposed. One of the foundational premises of socialism is that society is what we make it. We can therefore arrange society however we wish. But our time and place is so hyper capitalistic, and its ideology so individualist, that any and all socialisms are seen as equivalent. Yet the figures who became major Nazi leaders had, in Gellately’s words, “an obsession about socialism. Indeed, thanks to the creation of a welfare state from 1881 onward, reinforced by the social impact of the war, a degree of socialism engrained itself in German society and was enshrined in the Weimar Republic’s constitution” (41).

The place of socialism in the Nazi vision was not unambiguous, and there were internal debates. Gellately relates a debate between the Nazi Left represented by Gregor Strasser and the Nazi Right represented by Alfred Rosenberg.

If Gregor Strasser bowed to Hitler’s authority or at least his political abilities, he still advocated a more socialistic line. As might be expected, Alfred Rosenberg, as one of the party’s self-styled ideological experts and a die-hard anti-Bolshevist, pushed back in a newspaper article in early 1927. Nationalism in its purest form, he said, united with socialism and, if stripped of any internationalism, represented the nation’s spirit of liberation. Hence, emphasizing the socialism in the Party’s name (as Strasser and his comrades wanted) was wrong, because the main point of their activity was to rescue the nation. Strasser replied quickly that socialism meant more than merely using the state to protect the people from capitalist greed, as Rosenberg would have it. Instead, it aimed to create another form of economic life and implied the participation of workers in ownership, profit, and management. This socialism accepted that private property was the basis of all culture and because capitalism was an immoral system that stole the nation’s goods, the state had to step in to restore fairness (77).

These debates abated as the Right wing of the party took greater control. Eventually the Strassers were marginalized, and the working class elements of the party leadership liquidated in a series of purges. But their socialist contributions were still a part of Nazi doctrine, and if they did not represent a powerful wing of the party there would have been no need to purge them in the first place.

Another difficult lesson: many devoted Nazis in the 1930s had been equally devoted communists and socialists in the 1920s. The Nazis did not come to power primarily through violence; they persuaded the vast majority of Germans (and Austrians, and many others across Europe) that they really were the way forward. A big part of that was refuting of the Treaty of Versailles. The humiliations it imposed on Germany were despised by the entire population, so that anything done to escape its terms was met with enormous praise, and even foreigners were in admiration of Germany’s unwillingness to stay down.

Hitler’s True Believers belongs to a genre of “How the Nazis Came to Power.” It is not a strictly historical genre, and it includes such varied titles as Max Horkheimer’s The Eclipse of Reason and William Shirer’s Rise and Fall of the Third Reich. No matter the angle, the point is generally the same: this movement of German National Socialism, which culminated in mass murder on an industrial scale and the self-immolation of European civilization, emerged from beliefs and social structures that had been present in Europe for centuries, and every step of its development made sense at the time. National Socialism was not an aberration or explosion of barbarism in the midst of an otherwise civilized world. It was the culmination of particular processes of civilization which contained these murderous possibilities from early on. The hideous racism of the Nazis was well-supported by the scientific establishments of the time. Hitler’s survival-of-the-fittest mentality was derived from theories in the natural sciences (particularly Darwin) applied to the social realm. The Nazis saw Bolshevism as the death of civilization and the Western democracies as its decay. Thus they were (in their own minds) the sentinels of civilization, driven by science, united in their desire for progress toward a newly unified society, the Volksgemeinschaft.

One clear parallel to our own predicament is in the rhetoric employed to defend American military presence around the world. Neuroscientist and public commentator Sam Harris, for instance, is known for arguing that American-committed atrocities just aren’t as morally bad as those committed by official enemies, since we are “well-intentioned,” while they are not. But that merely brings us back to the issue of a failure of conscience. For the Nazis it was that they were Das Herrenrasse (the master race) while their victims were Die Untermenschen (sub-humans). For the French it was the cultural appeal: they were “civilized” and on a “civilizing mission” (Mission Civilisatrice), while the colonized were primitive. Whether we appeal to the Nazi blood theory, the French cultural theory, or Harris’s intention theory, the end is to facilitate that same failure of recognition, that same failure of conscience, which we also inflict on ourselves through our representations of the Nazis in popular media.

Hitler’s True Believers will remind leftists of the importance of internationalism. Yet even this concept is too limiting. In an era of mass anthropogenic environmental destruction and mass extinction, not even humanism is sufficiently broad. After National Socialism there is no excuse for blindly trusting humanism, enlightenment, science, rationality, technology, “the People,” “the Proletariat,” or any other idealized construct to save us from ourselves. These ideas must be engaged critically, their limits registered, and their employment must be razor-sharp. If we fail this challenge, then we may already have one foot in the jackboot.

My copy of Hitler’s True Believers shows on its cover a crowd of bright-eyed Germans giving the Roman salute, presumably to their Führer off camera. The focus of the photo is a young woman, flanked by several soldiers and many children. The exuberance on their faces is beautiful. It is hard to see anything political inspiring such admiration in 21st century America. Consider how defeated, how humiliated, how despairing many Germans were after World War I; is it so hard to understand why they would want to believe in something that could inspire that sort of joy? Our contemporary situation is also marked by widespread depression, anxiety, and despair about the future. How easy would it be for a Hitleresque figure to bring us all, by dint of our own reason, to the brink?

 

Charles Wofford is a Ph.D. candidate in historical musicology and critical theory at the University of Colorado at Boulder.

The “Powell Memo” and the Supreme Court: A Counteroffensive Against the Many

By Derek Ford

Republished from Liberation School.

Introduction: The domestic right-wing counteroffensive

By the early 1970s, the global revolutionary tide of socialist and national liberation struggles was at its apex, and the tide was washing over the U.S., with expanding and increasingly militant social movements and political organizations. The beginning of “neoliberalism” was a domestic aspect of the coming global counterrevolution, which devastated the world for decades.

This article tells the story of how the right wing of the capitalist class came to drive a new set of reactionary Supreme Court rulings, government policies, and ideological battles against democracy and the basic democratic rights our class won and that the right wing soon started rolling back. A key figure in this anti-democratic turn was Lewis F. Powell Jr., a tobacco company executive turned Supreme Court Justice. In the transition between the two roles, he wrote his infamous “Powell Memo.”

In hindsight, the private memorandum Lewis F. Powell Jr. sent to the U.S. Chamber of Commerce on August 23, 1971—known as the “Powell Memo”—in many ways represents the inaugural moment in this counteroffensive. Titled, “Attack on American Free Enterprise System,” the Memo clearly expressed the sharpness of the class struggle at that time and encapsulated the capitalist class’ fear that they were losing the battles of ideas and the world. It undoubtedly laid the groundwork for some key components of U.S. imperialism’s new offensive against the global revolutionary upsurge that characterized the immediate post-World War II environment, an offensive that is still with us today.

Understanding the background, context, and content of the Memo helps us get a sense of the right-wing counteroffensive against domestic people’s movements. Powell eventually entered the Supreme Court and helped usher in a wave of reactionary rulings against the people and for corporate profits. Thus, while the exact impacts of the Memo are hard to ascertain, they eventually made their way into the law books, attacking affirmative action and establishing a theory of corporate speech and “personhood.” More immediately, after the Memo’s circulation, the Chamber of Commerce “expanded its base from around 60,000 firms in 1972 to over a quarter of a million ten years later,” spending almost $1 billion annually to promote their interests [1].

The ideological stakes at play in the Powell Memo

Powell wrote and sent the confidential memo at the request of one of his colleagues, Eugene B. Sydnor, Jr., who chaired the education committee of the U.S. Chamber of Commerce, for a high-level discussion with the Chamber’s Vice President Arch Booth the next day. The Chamber of Commerce is not, as the name might imply, a government agency, but is the largest private pro-business lobbying group in the country. Because the Memo was written for the capitalist class by one of their most fervent ideologues, it displays the fears and ambitions of the imperialists in the most blatant manner, revealing exactly how they speak to each other when they don’t have to feign decorum or decency, providing a glimpse into how much they feared progressive movements.

“No thoughtful person can question that the American economic system is under broad attack,” the Memo begins [2]. The problem is not so much with the usual suspects like “the Communists, New Leftists and other revolutionaries who would destroy the entire system, both political and economic.” Although such “extremists of the left” are growing in numbers, support, and legitimacy in unprecedented fashion, Powell continues, they are still relatively minor players on their own.

Powell’s primary fear was that revolutionaries, the usual suspects, were now influencing “perfectly respectable elements of society” such as “the college campus, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians.” In essence, Powell expresses how the global tide of revolutionary and progressive struggles sweeping the world during that period were normalizing and popularizing radical political change and demands [3]. As he puts it, the issue is that respectable institutions like the campus were hijacked “by minorities” who “are the most articulate, the most vocal, the most prolific in their writing and speaking.”

Powell’s insistence on the influence of vocal minorities—a prelude of sorts to the “silent majority”—was more than just a rhetorical flourish. Although the “Marxist doctrine that the ‘capitalist’ countries are controlled by big business” had widespread currency at the time, for Powell, nothing could be further from the truth. Simply put, Powell’s memo claimed that in capitalist countries capitalists had no influence or control over the government or society. This ridiculous claim is phrased frankly:

“…as every business executive knows, few elements of American society today have as little influence in government as the American businessman, the corporation, or even the millions of corporate stockholders. If one doubts this, let him undertake the role of ‘lobbyist’ for the business point of view before Congressional committees. The same situation obtains in the legislative halls of most states and major cities.”

Powell goes further still, in a sentence that constructs the corporation not only as a person, but as a minority person in need of protection: “One does not exaggerate to say that, in terms of political influence with respect to the course of legislation and government action, the American business executive is truly the ‘forgotten man.’”

This dire situation, in which the very existence of capitalism and imperialism are at stake—claims that are, to say the least, exaggerated—calls for drastic and wide-ranging responses. To address the supposed exclusion of corporations in the U.S. government and the attack on the capitalist system, Powell included a vast list of recommendations for pursuing their ideological agenda, in which the Chamber of Commerce would play a central and organizing role. Powell’s upbringing and professional career account for his deep concern for the position of the corporation in U.S. society and politics.

Powell: A fighter for “oppressed” tobacco companies

With a family lineage traced back to “one of the original Jamestown settlers,” Powell graduated from an elite prep school, McGuire’s University School in Richmond, Virginia in 1925 [4]. From there, he ascended the ranks of the political elite, earning a Master of Laws degree from Harvard Law School in 1932 before returning to Virginia and starting a long career with a Richmond law firm. After a brief stint as an intelligence officer in the Army, Powell integrated himself into Virginia’s political scene and rose through the ranks of the American Bar Association, becoming the ABA’s president in 1965.

Powell served on over a dozen boards, including the Colonial Williamsburg Museum and, most pertinently, the tobacco giant Philip Morris. Powell joined Philip Morris’ Board of Directors in 1964 at a time when, historian Jeffrey Clements notes, “the corporation sought to mitigate the US Surgeon General’s report about the grave dangers of smoking” [5].

When he penned his infamous memo, Powell was in the trenches defending Philip Morris and other tobacco corporations through their lobbying group, the now-discredited Tobacco Institute. He was also busy defending big tobacco when Richard Nixon asked him to serve on the Supreme Court in 1971 (although his appointment went into effect in 1972).

During his tenure at the Tobacco Institute, he fought against the “radicals” and liberals in public health and education who were increasingly sounding the alarm on the dangers of tobacco and nicotine addiction. In their 1967 annual report, issued on behalf of Powell and the rest of the Philip Morris board, they deplored how “unfortunately the positive benefits of smoking which are so widely acknowledged are largely ignored by many reports linking cigarettes and health, and little attention is paid to the scientific reports which are favorable to smoking” [6].

Powell was nothing if not a champion of free-enterprise, facts be damned.

The ideological counteroffensive

It’s not hard to draw the line between Powell’s defense of big tobacco and the broader capitalist system, on the one hand, and his derision of public health, education, and the public interest, on the other. For Powell, it was a small and logical step to move from attacking health researchers to attacking other “revolutionaries” and those they influenced in “respectable” places like universities.

In addressing “what can be done about the campus,” Powell outlines an array of tactics and strategies to beat back the insurgent student tide and revert educational institutions away from  critical inquiry. He called for the Chamber of Commerce to establish a cadre of “highly qualified” pro-capitalist scholars, a full-time paid staff of speakers, and a Speaker’s Bureau that would advocate for capitalists.

The Chamber’s “faculty of scholars” should be given “incentives” to publish prolifically in scholarly journals because “one of the keys to the success of the liberal and leftist faculty members has been their passion for ‘publication’ and ‘lecturing.’” Powell wasn’t concerned with the number of leftist faculty per se, and his memo only cited one by name: Herbert Marcuse, one of the few remaining critical theorists who remained committed to organizing and who supervised, among other important revolutionaries (and against the advice of his colleagues), the doctoral work of Angela Davis [7].

Those like Marcuse “need not be in a majority” because “they are stimulating teachers… prolific writers and lecturers,” according to Powell [8]. In fact, “as his attention to charismatic teaching, textbooks, and other writings shows, Powell based his strategy for ideological warfare on the intellectual productivity that he observed among progressive thinkers” [9].

The historical context for Powell’s ire is instructive, as it was during this time that oppressed nationalities were forcing changes in hiring practices, curricular content, and even creating physical spaces dedicated to the study of radical politics and oppressed nationalities and successfully fighting for open admissions.

The militant organized movements of students, workers, Black people, Chicano people, women, the LGBTQ community, and others—many of whom were openly Marxists—forced open some space within universities and society, legitimizing their grievances, proposals, and knowledge [10]. Importantly, the demands of the student movements “were organized around the redistribution of outcomes in the university and in US society generally” [11]. They helped, in part, to fundamentally restructure what and whose knowledge counted by positioning oppressed groups as central knowledge producers.

Unable to captivate audiences with their ideas or teaching, Powell urged the Chamber to ensure capitalist ideologues would gain audiences on campus. He called on the Chamber to “insist upon equal time on the college speaking circuit” between critics and proponents of capitalist exploitation and oppression. Importantly, they must be “attractive, articulate and well-informed speakers” who “exert whatever degree of pressure—publicly and privately” to ensure equal speaking opportunities” [12].

Powell’s focus on “equal speaking opportunities” denies the larger political and historical context of the times, as if socialists and capitalists get equal time and space in the mainstream news outlets or corporate papers. At the same time, within the universities, they’re still mobilized to promote right-wing ideologues. Today, it’s clear to growing numbers of people in the U.S. that “freedom of speech” policies are intended to limit the dissemination of and engagement with revolutionary ideas.

The Supreme Court: Defending white supremacy and corporate speech

Powell’s disdain for revolutionaries wasn’t personal (or wasn’t primarily personal); it was political. Take, for example, his role in the 1978 Supreme Court case Regents of the University of California v. Bakke, a ruling that was a significant step on the way to undoing affirmative action. Although the ruling sustained affirmative action, it declared racial quotas for university admissions to be unconstitutional and, specifically, in violation of the Equal Protection Clause of the Fourteenth Amendment.

In his majority opinion, Powell claimed that “the United States had become a Nation of minorities” and the U.S. Constitution was meant “to overcome the prejudices not of a monolithic majority, but of a ‘majority’ composed of various minority groups” [13]. White people were, according to his ruling opinion and his own beliefs, minorities deserving protection [14].

In 1982, he issued the majority opinion in Central Hudson Gas & Electric Corporation v. Public Service Corporation of New York, declaring that private utility and energy corporations could, with the protection of the right-wing activist court, dominate the imaginary “marketplace of ideas.” The case revolved around the prohibition of energy corporations from promoting their services during and after the 1973 oil crisis. Powell’s opinion affirmed that corporate “expression not only serves the economic interest of the speaker, but also assists consumers and furthers the societal interest in the fullest possible dissemination of information.” The opinion “rejected the ‘highly paternalistic’ view that government has complete power to suppress or regulate commercial speech” [15].

With the backing of a new barrage of pro-capitalist think tanks and institutes, Powell led the Supreme Court on a pro-corporate rampage that was based on an illegitimate precedent. As discussed in the Liberation School article on Santa Clara County v. Southern Pacific Railroad Company, the 1886 Supreme Court case has been falsely interpreted as setting the “precedent” for corporate personhood [16]. The case did not rule on the question of corporate personhood. Rather, a statement on corporate personhood was included in a headnote added to the case. Headnotes are not legally binding and therefore do not impact the establishment of legal precedent.

Nevertheless, the same year that Powell led the court to undo affirmative action in the Regents of the University of California, he also established “corporate speech” as protected under the First Amendment. That case, First National Bank of Boston v. Bellotti, for the first time held that corporations are protected by the First Amendment and therefore are entitled to “free speech.” Powell delivered the majority opinion in the case, stating “the Court has not identified a separate source for the right when it has been asserted by corporations.” In the footnote accompanying the statement, he claims that “it has been settled for almost a century that corporations are persons within the meaning of the Fourteenth Amendment,” incorrectly citing Santa Clara as legal precedent [17].

With Powell’s new theory of corporate speech, “the Court struck down law after law in which the states and Congress sought to balance corporate power with the public interest” [18].

Conclusion: The struggle for socialism and liberation today

Powell’s Memo and interventions in the Supreme Court were part of an overall strategy to defeat or at least de-radicalize the revolutionary movements of the time, especially the radical transformations they achieved in education. A central element in the capitalist state, education always plays an important role in the class struggle, as it is a primary place where we form our ideology or worldview, whether we know it or not.

The struggle wasn’t—and isn’t—confined to the university, and in fact, its radical edge comes from its ability to link the university to broader social struggles, from anti-imperialism and socialism to anti-racism and sexism, then and now. As the Powell Memo shows, for the ruling class at the time, the balance of forces tipped too far toward the exploited and oppressed. In response, the capitalists launched a virulent counteroffensive in all areas of society, and Powell, his role on the Supreme Court, and his Memo were integral parts of this reactionary wave we need to, and will, push back.

References

[1] David Harvey,A Brief History of Neoliberalism(New York: Oxford University Press, 2005), 43.
[2] Lewis Powell, “Attack on American Free Enterprise System,”PBS. Availablehere.
[3] See Brian Becker, “From Inter-Imperialist War to Global Class War: Understanding Distinct Stages of Imperialism,”Liberation School, 28 July 2018. Availablehere.
[4] Tinsley E. Yarbrough, “Powell, Lewis F., Jr. (1907-1998), Supreme Court Justice,”American National Biography, 01 January 2001.
[5] Jeffrey D. Clements,Corporations are Not People: Reclaiming Democracy from Big Money and Global Corporations(San Francisco: Berrett-Koehler Publishers, 2014), 21.
[6] Cited in Ibid., 22-23.
[7] Gabriel Rockhill, “Critical and Revolutionary Theory: For the Reinvention of Critique in the Age of Ideological Realignment,” inDomination and Emancipation: Remaking Critique, ed. D. Benson (Lanham: Rowman & Littlefield, 2021).
[8] Powell, “Attack on American Free Enterprise System.”
[9] Roderick A. Ferguson,We Demand: The University and Student Protests(Oakland: University of California Press, 2017), 44.
[10] See Stephen Ferguson II,Philosophy of African American Studies: Nothing Left of Blackness(New York: Palgrave Macmillan, 2015), 16.
[11] Ferguson,We Demand, 40.
[12] Powell, “Attack on American Free Enterprise System.”
[13] Regents of the University of California v. Bakke, 438 U.S., 265 (1978), 292. Availablehere.
[14] Ibid., 295.
[15] Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S., 557 (1980), 561, 562. Availablehere.
[16] Curry Malott, “Corporate Personhood, Monopoly Capital, and the Precedent that Wasn’t: The 1886 ‘Santa Clara’ Case,”Liberation School, 09 February 2023. Availablehere.
[17] First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), footnote 15. Availablehere.
[18] Clements,Corporations are Not People, 25.

The US Blockade on Cuba is a Violation of Democracy

By Calla Walsh

The only criteria to be invited to Biden’s so-called Summit for Democracy last week was to be a lapdog of US imperialism, not to be a real democracy. Instead of uplifting true people’s democracies which have dynamic, mass participation — such as those in Cuba and China — Biden’s summit promoted the overthrow of these governments.

As Cuban Foreign Minister Bruno Rodríguez said, “The US Democracy Summit was selective and virtual, as virtual as its own “democracy,” a reflection of its own international moral isolation.” He is right. The US is increasingly isolating itself, and it is clearer each day that its hegemony is in decline. On the other hand, countries like China and Cuba are overcoming the US attempts to diplomatically isolate them by practicing true internationalism and paving the way to peace and multipolarity. The US is doing everything it can to stop these inevitable changes, rather than address the needs of its own population.

Biden used the Summit to prop up US regime change operations under the guise of democracy promotion. Foundations like the National Endowment for Democracy, a CIA front group, are some of the most blatant examples of how the US uses “democracy” as a weapon to undermine real democracy in the name of democracy. Over the past 20 years, the NED and USAID have allocated over $250 million USD to programs targeting Cuba. These programs aim to mutate real economic dissatisfaction in Cuba into violent anti-government protests. They have especially targeted Cuban cultural groups and youth groups, with the CIA notoriously infiltrating the underground hip hop scene in Cuba and fomenting counter-revolution. These protests have been utter failures, because people in Cuba are dissatisfied by the US blockade, not by the Cuban government.

But the US is still trying to fulfill the original goal of its blockade, which, in the words of the State Department itself, is “to bring about hunger, desperation and overthrow of government.” Over 60 years of the longest and most severe unilateral sanctions in the world have been exacerbated by the COVID pandemic and decrease of tourism to Cuba, but more significantly by Trump’s hawkish policy towards Cuba, which saw the reversal of Obama-era normalization policies, the addition of 243 new sanctions on Cuba, and the readdition of Cuba to the so-called “State Sponsors of Terrorism” List. In spite of his campaign promises to revert to Obama-era policy, Biden has kept nearly every single one of Trump’s added sanctions and doubled-down on the fallacy that Cuba is a terrorist state. Biden could change this designation with the stroke of his pen.

The blockade is not about restoring democracy in Cuba, despite the US attempts to portray it as such. No, these sanctions are designed to force Cuba into a return to capitalist dictatorship. US laws condition the lifting of sanctions on the complete destruction of Cuba’s revolutionary political and economic systems. For example, the “Cuban Democracy Act of 1992,” commonly known as the Torricelli Act, requires that, for sanctions to be lifted, Cuba must change its Constitution, return US property that was legally nationalized by Cuba, move “toward establishing a free market economic system,” and hold elections for a new government. It promotes US intervention by “[authorizing] the President to provide assistance to promote nonviolent democratic change in Cuba.” So, the “Cuban Democracy Act” is about tearing apart Cuba’s existing democracy and replacing it with what the US deems to be fair elections.

The blockade is not about forcing Cuba to give its people a greater say in their democracy. Cubans already have one of the most robust democracies in the world. Rather, the blockade is about exerting maximum economic pressure on Cuba, to enable the US to impose their so-called model of democracy on Cuba, meaning democracy for the US ruling class to seize and exploit Cuba’s people and resources.

Reports published by the US government on their plans to remodel Cuba into a capitalist state have even modeled Cuba’s transition after the neoliberalization of Eastern Europe during the dissolution of the Soviet Union, where economic shock therapy caused a huge drop in life expectancy and rise in disease and poverty. The US wants to reverse the accomplishments of the Revolution, and force Cubans back into the poverty they lived in under the yoke of the US. These policies are in blatant defiance of international law. They are a gross violation of Cuba’s right to sovereignty and self-determination.

Not only is the blockade a violation of Cuba’s democratic rights, but it is also maintained against the democratic will of the US people and the 96% of the countries on Earth which vote year after year to condemn the blockade in the United Nations. A consistent majority of US citizens support normalizing relations with Cuba and lifting sanctions, especially for vital products like food and medicine, but we don’t get any say in the continuation of the blockade.

A recent poll also showed that a powerful 0% of US citizens think that Cuba is a threat to the US, yet the Biden administration continues to label Cuba as “terrorist.” There is an ongoing push by extreme right-wing Miami Republicans to codify into law Cuba’s “terrorist” designation, so that it could only be reversed if Cuba agrees to destroy its socialist system and replace it with what the US deems to be “democracy.” However, the US people are resisting these hawkish policies. The National Network on Cuba is leading an effort to get Cuba #OffTheList of State Sponsors of Terrorism. For the past several years, Cuban-Americans and allies have been organizing monthly car caravans and standouts against the blockade to build “Puentes de Amor,” or bridges of love, between the US and Cuban people. In Miami, these protests against the blockade have been violently attacked by fascists aided and abetted by the Miami police.

The US labels Cuba as “authoritarian” and “undemocratic” to justify its cruel blockade. In reality, Cuban democracy is centuries ahead of the so-called democracy we have in the US. Observing Cuba’s municipal elections last November was the first time I saw real democracy, after working on dozens of elections in the US. Cuban elections are completely nonpartisan and there is no campaign spending, advertising, or lobbying allowed. Cuba consistently has much higher voter turnout than most other countries in the world. Once elected, representatives are not paid, they continue their lives as workers alongside the rest of the population, and they can be recalled at any point by voters. The workers are the state in Cuba.

In the US, on the other hand, the corporations are the state. Bribery by corporations and lobbyists is legal and in fact a guaranteed path to victory, because the candidate who spends the most money almost always wins. In the US, we are only called upon to have a say in our government when elections take place. In Cuba, elections are not the full extent of how citizens can participate, they are only the beginning. The Constitution is regularly revised with the participation of millions of citizens. Ideas are constantly being generated from the masses and laws are tested and revised with the masses. This is what real democracy looks like.

The father of Cuban Independence, Jose Martí, said, “In a time of crisis, the peoples of the world must rush to get to know each other.” This has been exactly Cuba’s approach to fighting US attempts at isolation. The US uses its huge leverage over the international financial system to bully other countries into submission, to punish Cuba, and to punish even its own US allies for trading with Cuba. Cuba’s approach to building strong diplomatic relations with other countries is based not on bullying, but on cooperation. Cuba sends doctors, not bombs.

Friendships with other countries, and the strength of the Cuban people, are how the Cuban Revolution has continued to survive. When the blockade first began, the Cuban Revolution was able to survive because of the internationalist solidarity it received from the Socialist Bloc. Since then, Cuba has returned the favor to working people across the world, including working people in the US. After the dissolution of the Soviet Union, Cuba was able to survive because of the internationalist medical brigades it launched and because of its partnership with the Bolivarian Revolution. And of course, through collaboration with the People’s Republic of China on economic development.

As we speak, Cuba, along with 148 other countries, is part of China’s Belt and Road Initiative, collaborating on significant infrastructure and energy projects. While the US blocked vital medical supplies reaching Cuba during COVID, China supplied them, returning the favor to Cuba, which offered material aid to China at the onset of the pandemic. In November 2022, Cuban President Miguel Díaz Canel visited Algeria, Turkey, Russia and China. During his visit, they signed a historic cooperation agreement formalizing a $100 million donation from China to help Cuba overcome the economic crisis resulting from US sanctions.

This is the difference between the US and China’s approaches to diplomacy and development. China’s approach is what gives us hope for a world order that is not based on US unipolar hegemony. Multipolarity, de-dollarization, building unity and cooperation will all help Cuba, and all countries being strangled by the US, to maintain sovereignty and hold back regime change.

Young people in the US like me are increasingly skeptical of US regime change propaganda. More young people see China as a friend, not an enemy, than any other generation. We see the utter incompetence of the US in their attempts to ban TikTok. We see Biden continuing the destruction of our environment while China is leading the world in reducing carbon emissions. We see that Cuba has the most progressive laws in the world on LGBTQ rights while fascists in the US are attempting a genocide of trans people. It could not be clearer which countries are the true democracies representing the interests of working people.

The Cuban Revolution has survived for over 60 years despite all odds, and we can only imagine the incredible things Cuba will do when it is able to develop free from the constraints of the US blockade. If we fight for it, then we will see an end to the blockade in our lifetimes and we will live in a truly democratic, multipolar world.

The Peru Protests and U.S. Infiltration of the Left

Pictured: Supporters of Pedro Castillo, the ousted president of Peru, protest in front of police in downtown Lima on Friday, Dec. 16, 2022. (Marco Garro/The New York Times)

By Kidus Desta

Peru has made international news in the past few months after thousands of citizens — many being indigenous and traveling from rural regions — began protesting in the capital city of Lima. Their main demand is the resignation of President Dina Boluarte, who stepped into power after former president Pedro Castillo was ousted from office and imprisoned. Castillo’s removal and imprisonment was the result of his attempt to dissolve the right-wing Congress.

Boluarte has said she will not step down until the next election. This sparked controversy since the next election is not until April 2024 and many see Boluarte as an unfit representative who betrayed Castillo, her party, and the Peruvian people. In addition to Boluarte’s resignation, many protesters are demanding Castillo’s release and changes to the nation’s constitution, which they say grants Congress too much power over the executive branch.

This concern is partly why Castillo ran on creating a new constitution as president. But fulfilling that campaign promise would require the formation of a constituent assembly, which Congress blocked. Some protesters therefore see the need to dissolve Congress so that the process of drafting a new foundational document can commence.

Peru’s current constitution was created under the far-right regime of Alberto Fujimori and is deeply informed by his capitalist politics. The constitution, for example, made it harder to tax gold and copper mines. Some hope that a constituent assembly will pave the way for a new constitutional framework that expands the state’s role in the economy and allows for more taxation on mining to fund social programs that indigenous and rural communities need. 

These communities have long felt disenfranchised. Despite comprising 26% of Peru’s population, indigenous Peruvians — the rural voices of the Andes — hold just 6.92% of federal congressional seats. Hailing from the Peruvian countryside, where he formerly worked as a schoolteacher, Castillo understood the grievances of rural and indigenous Peruvians and tried to address them as president. Boluarte and her government have gone in the opposite direction, ignoring calls to convene a constituent assembly by these marginalized groups who desire a constitution that works for them.

The Boluarte administration’s approach to governance has incited widespread outrage, with 71% of Peruvians disapproving of the president’s job performance. This sentiment — along with disapproval of Congress, which sits at 88% — lays at the heart of the current protest wave. In response, the Boluarte regime has used police repression as a means to retain power. This state violence has killed at least 53 people with the youngest being just 15 years old.

Despite the reprehensible actions of their government, the Peruvian people are firmly on the side of the protesters. According to the Institute of Peruvian Studies, 60% believe the protests are justified. An identical number agree with the central demand to free Castillo and a whopping 69% want a constituent assembly. Meanwhile, only 12% believe in keeping the constitution as is — down from 19% in June 2022. 

During the protests, conservative groups have come together to counter-protest. These counter-protests have been met with skepticism because of their initial backing by the national police, who promoted the “March For Peace” on social media and asked people to attend. Attendees included conservative politicians like far-right congressman Alejandro Muñante as well as retired military and police.

Due to the United States’ history of meddling in Latin America, many are questioning whether the superpower has a hand in the recent events in Peru. Peru — after all — has abundant natural resources including minerals like copper, lead, zinc, tin, silver, and gold. Copper has become an especially important resource in recent years due to its use in energy technology, with Goldman Sachs calling it the “new oil.”

Under Castillo’s presidency, the exploitative nature of neoliberalism was challenged by his demand that these resources benefit the people of Peru. Castillo believed that Peru’s resource endowment could help fund social programs that materially improve people’s lives. But efforts to undermine this vision may have been well underway even before Castillo left office. The day before he was ousted, Lisa Kenna — US ambassador to Peru and veteran of the CIA — met with Peru’s defense minister, “who then told the country’s powerful military to turn against Castillo.” On January 18th, Kenna held a meeting with mining and energy ministers from the Boluarte regime to discuss “investments” — a euphemism for expanding the extractive reach of Western multinationals.

In a stunning betrayal of values, Boluarte has gone from leading an anti-imperialist, anti-neoliberal party to overseeing a regime which serves imperialist and neoliberal interests. Such a betrayal has precedent in Latin America. In 2016, President Dilma Rousseff of Brazil was impeached and replaced by her vice president Michel Temer. Temer's vision of a pro-business economy contradicted Rouseff’s plans to bolster social programs.

During a conference at the Americas Society/Council of the Americas, in a speech addressed to “members of multinational corporations and the U.S. foreign policy establishment,” Temer admitted that this impeachment occurred so that he may be installed as president to cut social programs and privatize industry. This squares with Temer’s history as a US informant and aspiring challenger to Lula in Brazil’s 2006 presidential race.

As with Temer, Boluarte’s turn against her own party is primarily an act of opportunism. By siding with the far-right Congress and its imperialist allies, Boluarte has increased the odds of retaining her position of power. This unholy trinity shows how capitalist powers like the United States can undermine leftist movements in the Global South from within.

Kidus Desta is a Hampton Institute intern and undergraduate studying political science and economics at Virginia Commonwealth University.

Hegemonic Silence and the Nuclear Question

By Marcus Kahn

Imagine a NASA rocket loaded with astronauts reaches another galaxy. They find a planet inhabited by billions of advanced sentient beings and begin to observe them from above. The scientists learn that these beings, delineated into warring factions, have developed a technology capable of destroying their world hundreds of times over, and have set those weapons up in such a way that not only can they be launched at a moment’s notice and detonated within minutes, but are also prone to error and entail massive risk. But when the scientists tune in to the planet’s communications, conversational and broadcasted, they become deeply perplexed. The inhabitants barely speak of the suicidal threat they pose to themselves. They hardly seem to be thinking about it. This is the conundrum posed by nuclear weapons. 

How can such extreme potentialities lie largely unquestioned and undiscussed? 

The term socialization captures our gravitation to conformity, how we acquire norms through the pressures of our environment. That first day of school is scary and unfamiliar, but by the time you reach high school you are sitting and getting up according to a bell schedule without a second thought. Indoctrination adds in a directional quality; socialization that occurs along the contours of norms prescribed by dominant forces, to be internalized and replicated as unconscious obedience. By the time you graduate high school, you have received a social science education that has prepared you to support the status quo. Both terms ring true.  It may be human to err, but in an imperialist white supremacist capitalist patriarchy it is human to normalize the unconscionable and transmute it into a commonsense assumption. The comprehensiveness of this process is most evident in our apparent equanimity to the prospect of complete annihilation, in our hegemonic silence. 

The boundaries of debate around nuclear weapons are closely gatekept by the state, ostensibly in the interests of security. Information on oscillations in the nuclear weapons threat is classified, reserved for state actors with adequate clearance who distribute updates to select media outlets, if not directly to the public. What the public receives is highly filtered. 

The Kennedy administration’s public narrative around the Cuban Missile Crisis crystallized into typical presidential hagiography in the intervening sixty years despite being thoroughly contradicted by subsequent academic research (pro tip: don’t record everything you say in the Oval Office if you want to deceive the American public in perpetuity).   The visual trope of a mushroom clouds in a cartoon is more familiar than the destruction and confusion on the ground in Hiroshima and Nagasaki. Our imagination lacks essential context when it comes to conceptualizing the nuclear threat. 

However, even in a coherent and powerful doctrinal system, dissent and counter-narratives can slip through chinks in the institutional armor. Much like the scientific consensus around climate change, members of the scientific community have stepped outside the invisible boundaries of dominant system-supportive narratives. But these boundaries can be ideologically policed. In the 1980s, Carl Sagan published a study alongside a group of well-reputed scientists that argued even a limited nuclear war would lead to a catastrophic nuclear winter. Because their conclusions would have galvanized the peace movement and altered public perception of nuclear war planning, the scientists were subsequently marginalized and their work dismissed.  

These narrative trends skew public perception away towards deterrence strategies and away from a critical abolitionist stance. New York Times columnist David Brooks, during an uncharacteristic foray into epistemology, unknowingly identifies the scope of a doctrinal system in an article titled “How to Destroy Truth.” Brooks argues that “propositional knowledge” that “we acquire through reason, logical proof, and tight analysis” constitutes one of two reservoirs of collective knowledge. This body of knowledge is produced by “a network of institutions — universities, courts, publishers, professional societies, media outlets — that have set up an interlocking set of procedures to hunt for error, weigh evidence and determine which propositions pass muster.” To read between the lines, Brooks implicitly argues that powerful institutions determine the nature of truth in modern society. That which “passes muster” is legitimized, and if broadly accepted, eventually internalized within the canon of collective assumptions.

A Beginner's Guide to Bank Failures

By Ahjamu Umi

Republished from Hood Communist.

According to a February 2023 Federal Deposit and Insurance Corporation (FDIC) audit, 563 U.S. banks have failed and/or come under regulatory authority since 2021. Here in California, U.S., the latest casualty has been the Silicon Valley Bank (SVB). This latest rash of bank failures, especially within the software start up SVB, have alarmed apologists for capitalism all over the world. With this piece, we are hopeful we can bring some fundamental understanding of “bank failure” and what’s happening for everyday working people.

First, it should be explained that the Federal Deposit Insurance Corporation (FDIC) is an institution of the U.S. federal government. It exists to provide some level of guarantees against bank failure. They do this by regulating banks, auditing them, and insuring bank deposits for up to $250,000 USD (aggregate deposits per institution). 

What Does This Mean?

Let’s say for example, you have $275,000 in liquid asset deposits in any U.S. bank. If that bank fails and/or comes under FDIC jurisdiction, your deposits for up to $250,000 are insured by the federal government, meaning the government should issue you a check for that amount. The remaining $25.000 in deposits that you had in the failed bank makes you now a creditor for that bank. This means they owe you that money, just as you owe your credit card companies, car finance institutions, etc.

Of course, like any creditor/borrower relationship, your ability to get repayment has no guarantee. The bank can come under bankruptcy protection, etc., which means you would lose all or most of that $25,000 in this hypothetical example. But that is a fundamental definition of the role of the FDIC. It’s worth noting that credit unions are governed by the National Credit Union Administration (NCUA), which serves the same general purpose for credit unions that the FDIC serves for banks, including insuring deposits for up to an aggregate $250,000 per customer/member per institution.

It’s important to also note that the FDIC was formed in 1933 as a result of the Banking Act legislation. This happened four years after the great stock market crash of 1929 which means the FDIC was created as a vehicle to encourage renewed trust in the U.S. banking system. It’s that question of trust that provides the basis for creating a simple way of analyzing and understanding what is happening with banks within the capitalist system and how to interpret these bank failures.

The Origins of the Banking System 

Contrary to popular opinion, the international banking system, and the concept of capital as the foundation of that system, did not start from the creative and intellectual genius of the fathers of the capitalist system. Instead, the start up capital for the international banking system came directly from proceeds produced from the enslavement of kidnapped Africans. The labor of their work was converted to revenues that were invested to initiate the banking system and the capital it would rely on to facilitate its existence. Every large international bank today from Chase to Barclays owes its origins to this nefarious beginning. If we understand and accept this irrefutable history, it should be easy to understand that the capitalist banking system, from its beginning, has been about exploitation and its that reality that paves the way for greater understanding of what’s happening today.

How Banks Work 

Banks operate by taking your deposits, no matter how large or small, and investing those deposits to generate capital. The more money you have to deposit, the greater incentives the banks provide you for doing so, for example: no fees, more services, slightly higher dividends (returns on your deposits), etc. Whether you have $250,000 deposited in a bank, or $25, the process works the same. Your money is used by the bank to invest in any number of financial projects designed to provide a positive return for the bank on your deposit. For the overwhelming majority of us, this is done with little to no return to you. 

Let’s say you have a job where your paycheck is directly deposited into your bank account every two weeks, say $2500 twice per month, and from each check you have $300 automatically transferred into your savings account. That means you are saving $600 USD per month. You will receive next to nothing for that money sitting and growing in that bank, but the bank will use your deposits and invest them in any number of profit generating projects— primarily exploitative projects around the world because those types of investments are the best suited to produce the highest return on the dollar. Think exploitative companies that steal resources from Africa for example. Companies like Dutch Royal Shell (Shell Oil) rob Nigeria’s Niger Delta blind drilling for oil. There is no oversight and the workers are paid peanuts. As a result, Shell’s profits continue to break records. Well, a bank will invest in Shell’s stocks and profit from Shell’s theft of resources from Nigeria. As Shell’s profits grow, the bank’s profits grow. And, by profits we mean capital i.e. money the bank earns that serves the sole and specific purpose of being reinvested for additional profits.

That’s why when the capitalist commentators talk about most U.S. banks being “well capitalized” they are actually telling the truth. These banks have millions of dollars – dollars they made investing your deposits – sitting around ready for them to invest to make even greater profits. Meanwhile, you get slim to nothing from them using your money and you will even be penalized if you come upon rough times and cannot maintain the minimum requirements they demand to keep your account(s) going. They have to make those demands of you because if your money isn’t available to them, they have nothing to invest and profit off of it. If you think about it, the banking model is basically the same as someone coming to you, taking your paycheck when you cash it, using your money to make additional money from it, and just returning to you what they took from you in the first place. And, if they are unable to get a return on your paycheck, they are usually supported by the government in their financial challenges while you are left to figure out how to proceed on your own with no help or support.

Silicon Valley Bank & Banks Playing With Your Money

That’s still not even the full story. Besides the example of investing in the exploitative practices of Shell and other criminal multi-national exploitative capitalist corporations, the banks invest heavily into shady and high risk ventures like securities from the secondary market. These types of investments are often bundled high risk mortgage loans, meaning loans provided to buyers who’s repayment potential is questionable, but who agreed to repayment terms at much higher, and profitable, interest rates. These types of unscrupulous business practices by banks have resulted in devastating consequences, such as the 2008 mortgage crash in the U.S. where everyday consumers were left houseless while the banks were bailed out by the 2009 multi-billion dollar gangster deal – compliments of the Obama Administration – one of the most lucrative welfare schemes in human history, recently eclipsed by the $2.2 trillion CARES Act of 2020. As it relates to banks like the Silicon Valley Bank in Santa Clara, California, U.S., the same principles apply. This bank was the home for software startup companies who invested incredible sums of money in highly questionable ventures for most of its 40 year existence. As has been alluded to, this has always been the program of capitalist banks, but in recent years we are seeing the limitations of this strategy much easier because the decline of capitalism has created conditions where the once assumed stability of capitalist banks is now more and more in question. 

Let the Banks Fall While We Rise  

This is a reality that will continue to create hardship for millions of people worldwide, but in the long run, this also has the potential to represent a new day for the masses of humanity where capital no longer controls the narrative everywhere on earth. There are a lot of variables to unpack in order to create that reality, but for now, the best thing all of us can do is engage every effort that we can to educate our communities about the role of banking institutions to profit from our continued exploitation and how the system is set up to support their existence, while making us the main source of accountability for ourselves and their greedy exploitative practices. This problem, like every other problem we face, cannot be resolved through any level of individual initiative. It cannot be resolved by any other approach to stabilizing the capitalist system. This problem is a reflection of the exploitative basis from which capitalism developed hundreds of years ago and it’s simply a manifestation that this profit over people model of operation is existing in its final days. This may be a scary thought to many, but at the end of the day, Kwame Ture was 100% correct when he said that “if we don’t struggle for revolution, we suffer so why don’t we organize and take the suffering as a pathway to our liberation and forward progress instead of just continuing to suffer with no end in sight?”  Capitalist banks are viewed as vehicles to provide us with houses, cars, loans, etc. What they are in reality is a criminal operation that is 100% supported by the U.S. government which is nothing more than a mouthpiece for international capitalism. The sooner we can do the necessary work to create broader consciousness around this, the sooner we can reclaim the resources that rightfully belong, not to a small and criminal elite, but  to the masses of people on earth. 

Ahjamu Umi is revolutionary organizer with the All African People's Revolutionary Party, adviser, and liberation literature author.

The "Manifesto of the Communist Party" 175 Years Later

By Derek Ford

Republished from Peace, Land, and Bread

There’s perhaps no better crystallization of the revolutionary origins of Marxism than the 1848 publication of the Manifesto of the Communist Party (later referred to simply as the Communist Manifesto to please the censors). There’s perhaps no better reason to re-read the text than today, on the 175th anniversary of its publication, on what we now celebrate, thanks to LeftWord Books, as Red Books Day.

The Communist League, a small underground group, tasked Marx and Engels to draft a manifesto that would not only serve as a program of the “party” or political organization but would also potentially intervene in the battles they anticipated coming. As the economic crisis intensified, those clashes did come out into the open, in fact just days after the Manifesto’s publication.

The plan to immediately translate the text into several languages, as indicated in the introduction, went unrealized, and the Manifesto didn’t have an impact on the 1848-49 revolutions (although perhaps it had some influence in Germany). After its initial run in February 1848, it was reprinted a few times by May; but, by then, the initial victories disintegrated. The revolutionary hopes of the bourgeois-democratic struggles were met with fierce counterrevolutionary violence against the workers and the general democratic forces of other exploited classes. Everywhere reaction set in, from France and Prussia (Germany) to Italy and Switzerland, a sequence that pushed developments in communist theory and organizing, affirmed the central tenets of the Manifesto (including the international nature of the class struggle), called for a refined approach to the tactics and strategies of struggle and the national question, and decidedly shifted the center of European revolutionary potential to England. [1]

With the counterrevolution cemented, the League’s leadership suspended its activities, some of which it resumed before officially disbanding in 1852. The text was read by a handful of revolutionaries at the time, most of whom were not in agreement with Marx and Engels, and was written for an even smaller grouping. It wasn’t until the early 1870s that the Manifesto appeared in Europe for widespread distribution. This is partly because of Marx’s prominent role in the First International, beginning in 1864, and his widely acclaimed analysis of the Paris Commune. The main reason, however, was more ironic. The German government put several leaders of the German Social Democratic Party on trial in 1872, and to make their case the prosecution ended up entering the Manifesto into court records. Doing so allowed radical publishers to “evade the censorship laws and embark upon the Manifesto’s republication.” [2] With the Social Democratic Party’s leadership fighting charges of treason, the conditions weren’t favorable to an open call for a communist party to achieve the objectives set out in Marx and Engels’ pamphlet. The new circumstances compelled publishers to change its title to Communist Manifesto. It wasn’t until the Soviet Union’s republication in the early 20th century that the original title came back.

The Manifesto eventually spread across the globe rapidly, from China and Japan to Latin America and the U.S., but only after the specter of communism materialized with the 1917 Bolshevik Revolution. With state power, a dedication to worldwide liberation and socialism, concentration on theoretical study, and general education, among other duties, the Soviets translated it into numerous languages and sold it on the cheap. Since the Bolshevik Revolution, every revolutionary movement has adopted the text for its unique conjuncture, in keeping with the overall ethos of the Manifesto’s content.

Any expression of historical materialism–the method and guide of communists–is, it unfortunately needs to be stated, historical. Nothing holds for all time everywhere. Marx and Engels say as much when they close their preface to the 1872 reissue by listing what they wanted to update 25 years later, a list that is quite extensive especially given its brevity. They didn’t edit the text because it had, by then, “become a historical document which we have no longer any right to alter.” This presents a problem for some readers insofar as it is a very early text, written before Marx’s real study of political economy, and thus one from which the key theoretical developments of Marx are absent. However, in the same preface Marx and Engels also make it clear that “the general principles laid down in this Manifesto are, on the whole, as correct today as ever.” [3] Despite any deficiencies in political clarity or theoretical coherence, its precise, energizing, and careful formulations still exert force today.

Like any work, the Manifesto was determined by its particular context of production. The fact that its distribution and reception have only increased over time (and in ways favorable to our class) testifies to its ongoing relevance. It remains a foundational pillar in the development of Marxism—or revolutionary socialism, a mission we continue to realize on the global scale. The Manifesto comes to life whenever the class struggle intensifies or wherever rapid shifts in political consciousness occur, like in the radical transformation we’re undergoing in the U.S., where the fog of anti-communism is lifting—that’s why Red Books Day has, every year, expanded and flourished. Prompted by this opportunity to revisit the text afresh, this short article doesn’t summarize the content as a whole but rather contextualizes some of the Manifesto’s main principles within some of the later works of Marxism and the Marxist movement more generally, providing clarity and correcting some common misinterpretations of the work that oftentimes falsely justify premature dismissals of Marxism, socialism, and communism. [4] In conclusion, I place the key tasks we inherit from the Manifesto and how later developments in the radical Black and communist theory are absolutely pivotal to pursuing this project today in that they help us understand the links between anti-communism and white supremacy and aid our project in uniting all working and oppressed people for the common liberation of the many.

The Pedagogy and Form of the Manifesto

Marx and Engels met in 1842 on Engels’ way to Manchester, reuniting two years later after Engels returned to the city. Both were fellow travelers of the Young Hegelians. Marx edited a radical paper, Rheinische Zeitung, to which Engels contributed an article on political economy. The next few years of their collaboration were remarkably transformative: by 1846 they had decisively broken with the Young Hegelians and initiated their development of historical materialism and the origins of a more mature revolutionary theory, informed as it was by decades of ongoing practical struggle and study. While Marx and Engels broke with their younger Hegelian selves in 1845-46 to articulate the historical-materialist method of communism, the Manifesto links that method with its objective and organizational form.

The pamphlet was penned primarily by Marx in January 1848 in Brussels, although it was a collaborative project. Notwithstanding the debates about to what extent Engels’ initial drafts contributed to the final project—and in particular his “Draft of a Communist Confession of Faith” for the Communist League’s First Congress in 1847—it was Engels’ overall writing, theorizing, and organizing that provided Marx with the requisite knowledge about modern industry and also that helped both formulate the historical materialist method, and it was largely Engels’ interventions that enabled him and Marx to join the League. [5]

Marx and Engels formally joined the Communist League after the spring 1847 conference agreed to the main points they advocated, which were formally adopted at another congress later that year. These points included the principle that members of the League act “in the interest of the Communist Party, the overthrow of the bourgeoisie.” Along with this, they agreed to change the name from the League of the Just—formed in 1837—to the Communist League. In an internal document on the congress, the change of name is granted significance insofar as communists “are not distinguished by wanting justice in general—anyone can claim that for himself—but by our attack on the existing social order and on private property, by wanting community of property, by being Communists.” [6] The Manifesto marked the first real distinction between communists, on the one hand, and utopian socialists (and social democrats), on the other, a distinction hinging on a systematic understanding of the capitalist class struggle, the need to overthrow our class enemy, and the seizure of power.

The Pedagogy and Conjuncture of the Manifesto

Attending to the Manifesto’s style and pedagogical form is important politically and educationally. By doing so, we prevent or inhibit misreading it ourselves, especially given the dominant and enduring role anti-communism plays in the modern U.S. state. Over the last few years, a multiplicity of differing factors and forces in the U.S. have no doubt radically advanced socialism in the battle of ideas. The popularity and acceptance of—or non-antagonism to—socialism is an incredible, promising, and progressive development. I can definitely divide my own life thus far along the lines of this shift, as it has radically impacted essentially all aspects of it. The waters are open for the word, idea, and even the movement of socialism, but that comes with an unavoidable muddying of those waters. Such conditions are openings for the necessary task of clarifying Marxism, giving definition to socialism, ideologically and organizationally reuniting us with the centuries-long class struggles against oppression and, for a much shorter time, against capitalist exploitation, of which we are a part.

Anti-communism’s role in the U.S. is too expansive to locate in one place; too broad to be reproduced in one form or by way of some other political orientation. Many well-meaning but ultimately insufficient, reformist, or ill-conceived “radical” theories today are premised on a rejection of Marxism and the historical project of socialism and liberation, the twists and turns and the heroism and tragedy of such class struggles. This rejection is reproduced by way of the repetition of incorrect critiques and caricatures, such that when Marx is read it comes through the glasses of an anti-communist orientation. In addition to contextualizing it within some aspects of Marxist theory and the movement, I’ve found that attending to the document’s pedagogical form helps me get what’s happening in these relatively few pages.

The work is, first of all, a manifesto, rather than a fleshed-out and fully developed systematic analysis, a comprehensive program of action, etc. As a specific literary genre, manifestos are “always addressed to the masses, in order to organize them into a revolutionary force.” [7] They are written for the yet-to-be subjects of history with no pretension as to what actual people and groups will occupy that subjecthood or what the outcome of the struggle will be. They are orientations and frameworks, not prescriptions or fixed formulas.

The Manifesto was a specific intervention in a concrete time and in a specific place and moment in history. For the Communist League, the pamphlet served as a preliminary program to organize revolutionaries of different stripes around a set of political aims and objectives—potentially into a party. Because we are part of the legacy it inaugurated, because our primary task is to continue the project to overthrow exploitation and eliminate oppression at the national and global levels, it is a pillar in maintaining our legacy and memory. It can also be a short and accessible introduction to Marxism we can read with others and those new to the struggle.

Manifestos, and this one in particular, embody a specific pedagogical form that utilizes several different tactics, all of which are important to acknowledge. The text is addressed to us: the masses of working and oppressed peoples of the world.

One main tactic employed is the didactical method, which for manifestos must be condensed, a kind of schematic and necessarily reductive account of centuries of history, time, and social formations. The didactic method appears as a quick narrative providing the lay of the land, a portrait that, while not exhaustive, is honestly more in alignment with capital today than in 1848.

For this reason, our enemies cite the Manifesto as evidence of Marxist “stageism”—or the accusation that Marx and communists adhere to a fixed, linear, developmental, and chronological conception of history that runs from lower to higher levels, that goes from the past to the future—that is often clumsily equated with “Eurocentrism.”

Stageism was often present before Marx and Engels severed ties with the Hegelians, a break that required creating an alternative conception of history and temporality, one without any destiny, predetermination, causality, or final conclusion. Thus, when Marx and Engels write about “pre-history” they don’t refer to a past and finished state of a society or the world. They employ it as a conceptual tool used to differentiate capital from previous modes of production, and the same goes with Marx’s later critique of “so-called primitive accumulation.” Differentiating theoretical containers from empirical declarations lets us stay true to the Marxist method and prevents us from reading their concepts—like formal and real subjection—as actual processes happening.

That in the 1840s they broke with the dominant Enlightenment frame of history is quite remarkable, and their response was spelled out most potently in the 1857 “Introduction” to the Grundrisse. Marx criticized bourgeois political economy for following the “rule, on the fact that the latest form regards the previous ones as steps leading up to itself” because, in particular, in capitalist societies contradictions are the rule rather than the exception, which means it is a development that is founded on “relations derived from earlier forms” that are still “found within it only in an entirely student form, or even travestied.” [8] Another way to think about it is that Marx acknowledged that the “present” isn’t an interregnum between a “past” and a “future,” but a time, place, and social location where various temporalities and histories play out in complex ways. The principle of unevenness is a primary element of Marxism, and it applies to development, production, struggle, and our sense of time. Capital, not Marx, tries to homogenize and synchronize time by presenting it as abstract and ahistorical, naturalizing capital and its structures. In the 1883 preface to the Russian translation of the Manifesto, Marx and Engels argue that the Russian Revolution, based on communes or the common ownership of land and resources, doesn’t need to go through a “stage” of capitalist development because “the present Russian common ownership of land may serve as the starting point for a communist development.” [9]

Another pedagogical tactic is the call-and-response. In the second section, Marx and Engels clarify the relationship between communists and the proletarians and address criticisms directed toward the former. They announce the charges against them and their defense, which sometimes validates the accusation through clarification. For example, the capitalists charge the communists with wanting to abolish private property, but under capitalism the vast majority don’t have any private property; “in one word, you reproach us with intending to do away with your property. Precisely so; that is just what we intend.” [10] The reader is engaged in a conversation that is still happening today (including through Red Books Day), but with different coordinates.

The third section takes the form of a literature review, a comradely yet critical survey of different strands of socialist thought by which Marx and Engels can differentiate communism. By placing each in their historical context, we learn some of threads woven throughout the long history of the communist project, some of the different eras and forces that articulated the desire for emancipation and equality, and why their historical and material conditions of thought couldn’t set up the foundations for their fuller elaboration.

Another pedagogical tactic deployed is the rallying call to arms. Section four, the last and shortest part of the text, embodies a pedagogy of mobilization, providing immediate tactical decisions that entail engaging with non-communist forces to serve serve the pressing issues of the working and oppressed so that “in the movement of the present, they [the communists] also represent and take care of the future of that movement.” The Manifesto, addressed to us, the masses that make history, closes out by opening up a new horizon: “Let the ruling class tremble at a Communistic revolution. The proletarians have nothing to lose but their chains. They have a world to win. Working men of all countries, unite!” [11]

A Clear Call for Global Emancipation and Liberation

Marx and Engels open the Manifesto with a sweeping declaration: “The history of all hitherto existing society is the history of class struggles.” Struggles between the classes of the slavers and enslaved, lords and serfs, or “in a word, oppressor and oppressed” are generally latent but erupt into visible confrontations that lead to either “a revolutionary reconstitution of society at large, or in the common ruin of the contending classes.” [12]

As Marx openly acknowledged, he wasn’t the first to discover or theorize the existence of classes or the class struggle [13]; that the goal of the class struggle was the political supremacy of the proletarians, however, was a main point of contention between various socialist forces, particularly between the utopians and the communists, as the latter insisted that only through open struggle and the achievement of political power could we achieve equality.

The character of the class struggle changes under capitalism, as do its avenues of struggle. The capitalist epoch is distinct insofar as it generally simplifies class antagonisms. “Society as a whole is more and more splitting up into two great hostile camps, into two great classes directly facing each other: Bourgeoisie and Proletariat.” [14] In this conjuncture of the class struggle, the latter class is revolutionary—or potentially revolutionary.

As a text written for the imminent European crises, its immediate horizon was the workers and militants across Europe. They were writing largely and somewhat schematically about Europe because it was the place, stake, and audience of the battles; but it is clear that the development of European capital wasn’t confined to the continent, that it included the colonization of the Americas and the opening up of the Indian and Chinese markets, as the overall development of production and distribution propelled new developments in communication and transportation, new railways, and created new markets for their commodities and new sources of raw materials and labor, etc. To power such production required new energy sources and inputs, and former ‘middle-class’ independent workers and middle-class operatives of capital were replaced by the modern capitalist class. Each technological revolution within the capitalist revolution cohered a capitalist class that, with its quickly increasing power and reach, captured “the modern representative State,” which “is but a committee for managing the common affairs of the whole bourgeoisie.” [15] The state, that is, serves as a mechanism for the capitalist class to manage its internal and external contradictions.

Marx and Engels survey the revolutionary role played by the bourgeoisie in the struggle against feudalism in Europe, although this is sometimes more sarcastic than serious. The capitalist class overthrew feudal rule, abolishing small-scale patriarchal relations that could be explained away by the Church and replaced them with “naked self-interest” and “substituted naked, shameless, direct, brutal exploitation” for previous labor relations clouded in personal relations and ideological mysticism or immediate dependency. [16] While capital cannot hide its exploitation, it can provide cover for it through abstract legal notions like equality and freedom.

Capital’s growing power also catalyzed the extent of crises of overproduction “because there is too much civilization, too much means of subsistence, too much industry, too much commerce.” [17] The capitalist’s only solution to their own crises is to lay the foundations for more intensive and protracted ones. Because of the competitive laws of capitalism, the bourgeoisie always looks upon the current productive and social relations as transitory and in need of constant change:

Constant revolutionizing of production, uninterrupted disturbance of all social conditions, everlasting uncertainty and agitation distinguish the bourgeois epoch from all earlier ones. All fixed, fast-frozen relations, with their train of ancient and venerable prejudices and opinions are swept away… All that is solid melts into air, all that is holy is profaned. [18]

Capitalism is dynamic; in order to expand—which is its modus operandi—it has to continually reinvest in changes to technologies, transportation, and communication, overcoming the isolation of feudal life and concentrating large numbers of workers in cities and factories, facilitating communication, and organizing. In 1848, this was still a minor and ascendant tendency, although today it is fully realized. The League couldn’t send a pamphlet across the globe in a manner of seconds.

The incessant revolutions in the forces, means, and relations of production “chases the bourgeoisie over the whole surface of the globe,” a phenomenon bourgeois commentators only realized about 130 years later. As capital nestles everywhere, it brings “under the feet of industry the national ground… All old-established national industries have been destroyed or are daily being destroyed. They are dislodged by new industries, whose introduction becomes a life and death question for all civilized nations, by industries that no longer work up indigenous raw material, but raw material drawn from the remotest zones.” [19]

Capital is a colonizing world power, and Marx and Engels recognized this as a contradictory and also forthcoming development:

The bourgeoisie, by the rapid improvement of all instruments of production, by the immensely facilitated means of communication, draws all, even the most barbarian, nations into civilization. The cheap prices of commodities are the heavy artillery with which it batters down all Chinese walls, with which it forces the barbarians’ intensely obstinate hatred of foreigners to capitulate. It compels all nations, on pain of extinction, to adopt the bourgeois mode of production; it compels them to introduce what it calls civilization into their midst, i.e., to become bourgeois themselves. [20]

This is not a welcoming reception but a warning signal, because “civilization” for Marx and Engels is British or European civilization, one founded on colonialism and slavery, theft and dispossession. The reference to the Chinese Wall is, similarly, not literal in terms of the actual wall nor how capital breaches it, as capital deploys both the “free market” and the coercive and repressive military power that backs that market up.

Marx and Engels certainly appreciate how the generation of productive forces provides the material basis for providing for all of the world, although they were referring to Western Europe in the text. The elimination of scarcity as an inescapable reality and the means to provide not only the basic necessities for the present but additional wants and even stocks of goods for the future is a historic accomplishment. They also celebrated the mixing of lives and cultures owed to urbanization and the dominance of the city over the country, as it “rescued a considerable part of the population from the idiocy of rural life.” [21] The English translation “idiocy” refers to a lack of communication and brevity of social relations, rather than any “intelligence” status. In fact, the increasing comingling of people in cities and countrysides produced a broader and more sophisticated intellectual arena for all.

Moreover, Marx and Engels are responding to the utopian socialists’ critique of bourgeois society by demonstrating the structural reasons for the suffering of such “advanced civilizations” to which the utopians attributed the ills of society. The utopian socialists’ intentions were good but their understanding was guided by morality and their methods were limited to the construction of communes that would, by reason and rational argumentation, win the ruling class over to their side.

Capital’s Production of Our World

The accumulation of capital is the accumulation not only of production and property but of political power, producing a “national” being or a state entity by which the oppressed must conquer—and have conquered—to acquire political supremacy.

In this way, the Manifesto’s assertion that capital “creates a world after its own image” continues to explain much of our global situation today. [22] This is not because capital reproduces itself everywhere and in the same manner, but rather because capital is an inherently uneven system. Consider the absolute general law of capitalist accumulation that creates “accumulation of wealth at one pole” and “accumulation of misery, agony of toil, slavery,” and so on, at the other pole. [23] The accumulation of capital is simultaneously “increasing concentration of the means of production, and of the command over labour” and the “repulsion of many individual capitals one from another.” This, in turn, is offset by the centralization of capital, whereby many smaller capitals are combined into larger capitals. [24] The limit here is, of course, capital’s, insofar as capital can’t accept the complete centralization into a single entity.

The state is key to this and other processes of capital accumulation, which is evident with an example Marx gives of the productive capacity of capital’s centralization: “The world would still be without railways” so long as their production was in the hands of a large number of smaller capitalists, but centralization “accomplished this in the twinkling of an eye.” [25] Railways are forms of immobile and fixed capital, which “assigns it a peculiar role in the economy of nations.” Fixed capital is national capital because it “cannot be sent abroad, cannot circulate as commodities in the world-market.” [26] In order for capital to circulate, it must also be fixed in space; in order for capital to accumulate in one place, it must diminish somewhere else. Hence, the important economic function of war: it literally destroys capital to allow for renewed accumulation.

Marx and Engels articulate some of their knowledge at the time on the dynamics of capital, which never map onto history. The reason the world isn’t a complete image of capital is, additionally, due to the historic resistance of working and oppressed peoples who have achieved political supremacy, although in a different manner than the Manifesto and, later, Marx and Engels, held.

Proletarianization

About halfway through the first section, after discussing the developments of capital, Marx and Engels switch to how the bourgeoisie produced the class who can abolish it and class society: the proletarian class, one continually changing and faced with the task of political consciousness and organization. As capital increases, so too do the ranks of the proletariat, as even smaller independent capitalists can’t compete with modern industry while any unique skills are rendered redundant by technological transformations.

Returning to the opening lines, where they assert that class struggle is the motive force of history, and that capitalism increasingly polarizes society into two antagonistic classes or camps, can better clarify some of the central but often overlooked or misunderstood elements of this formulation.

The first is that the splitting up into two classes is a process rather than a finalized or even finalizable state. In other words, proletarians aren’t produced once and for all; capitalism divides society into two antagonistic groupings. The second is that they refer to both as classes and “camps.” Despite the absence of a fully worked-out definition of classes in the text or in Marx’s work overall, they perhaps called them camps to account for their non-exclusionary character. Indeed, what is remarkably notable in the opening lines are the reduction of various class struggles to that between the oppressor and the oppressed. Even as they acknowledge several classes, some of which include more complicated hierarchies and layers or levels, they recognize a continuity that is more than a repetition of the same and, perhaps, by equating the capitalist class struggle with the struggle between the oppressor and oppressed.

No more do special places in the social division of labor exist—they mention priests and lawyers, scientists and doctors—as a revered and privileged position; they too are reduced to proletarians. [27] Today, 175 years on, my colleagues at DePauw University, facing yet another invented “crisis” and another round of cuts and layoffs, realize that we are workers, not “professors” or “teachers.” Such surprise is explained by the withering away of any material basis for middle-class status and the increasing deskilling of our labor-power. Engels’ similarly accounted for any awe in his 1845 work, The Condition of the Working Class in England, where he recounts how capitalist development in colonial Britain deprived even workers of the illusion they could attain a decent standard of living, thereby collecting “together those vast masses of working men who now fill the whole British Empire.” [28]

The technological dynamism propelled by the need to increase the social productivity of labor through machinery, similarly, swells the ranks of the unemployed and “dangerous classes” and make all proletarians’ “livelihood[s] more and more precarious.” [29] Again, 175 years ago Marx and Engels located precarity as a primary condition we, as workers, are forced to grapple with—well before the “gig economy.”

Oppressor and Oppressed

In the first section, the discussion of the proletarian class comes immediately after Marx and Engels mention how capital tries to solve its contradictions through “the conquest of new markets.” This demonstrates that, even this early on, communists centered the colonial question, even if it wasn’t refined at this time. As Lucia Pradella, among others, has forcefully demonstrated, Marx gave increasing attention and weight to the anti-colonial revolutions happening in the mid-late 19th century. Colonization, for Marx, was not a ‘North-South’ or ‘East-West’ issue; it was, and is, an issue of domination and exploitation.

Neither Marx nor Engels only attended to Europe, nor did they abstract Britain or Europe away as self-enclosed entities. In the Grundrisse, for example, Marx addresses the concentration of labor-power into collective labor, which explains “the violent rounding-up of the people in Egypt, Etruria, India etc. for forced construction and compulsory public works.” [30] Over time, Pradella shows, they extended their position on national liberation and class struggle—both struggles between the proletariat and the bourgeoisie—to other colonial territories, including China and India. During the Taiping Revolution, “Marx changed his previous unidirectional view of international revolution, tracing a relation between proletarian struggle in the metropolis and anti-colonial movements in the colonies.” He welcomed the revolution and the detrimental impacts it would have on British colonialism, the same reason for which he supported—and “was probably the first major European intellectual and political activist to support the national liberation struggle in India.” [31] In a direct rebuttal to allegations of Eurocentrism and a privileging of the ‘working-class’ as the revolutionary subject, Marx argued that the anti-colonial rebellions would come before and would ignite the socialist revolutions in the colonizing countries. [32]

One could argue that the equation of the class struggle with the struggle between the oppressor and oppressed anticipated their forthcoming incorporation of the colonial question and the centrality of national liberation, something featured in the Manifesto itself.

The closing section of the pamphlet addresses how communists in different nations relate to other opposition parties. “In Poland,” they write, communists “support the party that insists on an agrarian revolution as the prime condition for national emancipation.” [33] Just a few lines up from the closing clarion call for “working men of all countries, unite!” we read that, wherever they are, communists “support every revolutionary movement against the existing social and political order of things.” [34] Certainly, they didn’t have a fully fleshed out theory of national liberation and socialism, although later on they did. [35]

Same Objectives, Different Conjuncture: Anti-Racism and the Socialist Struggle

Marx and Engels open the Manifesto not with a preordained future but an indeterminate future that will be produced through struggle: if the proletarians don’t overthrow the bourgeoisie there is “the common ruin of the contending classes.” [36] These options are translated in various ways (e.g., barbarism or socialism; humanity or capitalism), but they are still the base options available to us today. The central question, then, is how do we ensure the victory of our class?

The Manifesto offers no prescriptions and, indeed, the League lacked the depth and breadth of experience from which to draw on to even reflect on their previous organizational forms. Yet it is clear that the proletarians can’t fight it out alone or even on the scale of the workplace, industry, community, or state.

Capitalism, as a system of oppression, requires a collective and organized revolutionary struggle to overthrow it by foreclosing any individualistic or particularistic forms of resistance. As capital grows, so too does its class enemy: “a class of labourers, who live only so long as they find work, and who find work only so long as their labour increases capital.” [37] Independent artisans, shop-owners, peasants, and small producers are thrown into this lot through the production of machinery, which ultimately incorporates the workers’ skill and knowledge into a form of fixed capital. However we rebel and develop, we have to recognize that “every class struggle is a political struggle,” and whenever we fight the bosses and oppressors we’re engaged in the class struggle and in a political project. [38]

The key task, then as now, is to organize the working and oppressed peoples “into a class, and consequently into a political party” that, “organized as the ruling class” will implement a program for the oppressed. [39] This task is, to be sure, complex, sensitive, and contingent on time, place, and society. In the U.S., no communist party or communist movement can unite working and oppressed people into a class unless it represents the diverse characteristics of our class and fights tooth-and-nail for the national and racial liberation projects against white supremacy, settler-colonialism, and the emancipation of all oppressed identities.

By doing so, we confront head-on the ties between anti-communism and white supremacy that Gerald Horne makes clear. Racism to this day is linked with the emancipation of the formerly enslaved because Reconstruction–even after its counterrevolutionary overthrow—was “one of the largest uncompensated expropriations” until, that is, the Bolshevik Revolution in 1917. As such, Horne asserts that “African Americans are living reminders of lost fortunes,” and so “the reaction to socialism–which has also involved expropriations of property—is difficult to separate from race and racism.” [40] For this reason, the primary obstacles to overcome are the long and ongoing legacies of racial slavery and white chauvinism. If we don’t understand their links with what Charisse Burden-Stelly calls “modern U.S. racial capitalism,” we can neither understand contemporary capitalism nor overthrow the capitalists class. [41]

The Communist Manifesto announced the need for the proletariat to win political supremacy and rule over their former oppressors without, however, saying how to pursue this task or what role the state played in it. It was precisely “the defeats of the revolutions in 1848 that allowed Marx to go beyond the Manifesto’s general formula and sum up that experience with greater clarity” rather than “an abstract formula.” [42] Marx and Engels admit as much in the 1872 Manifesto preface, as the Paris Commune made it clear that workers can’t use the existing state for our project but must smash that state and construct a new one in our interest. We can’t rely on the contemporary U.S. state, founded and maintained as it is by white supremacy, capitalist exploitation, imperialist plunder to provide either the avenue to socialism or the apparatus by which to achieve it.

Let’s read the Manifesto of the Communist Party today, and tomorrow, for our history, present, and our future common and universal emancipation and freedom.

Endnotes

[1] One of Marx’s main disputes with other members of the League was his assertion that, because the German bourgeoisie was so inactive and powerless, that country could undergo a bourgeois and subsequent proletarian revolution in 1848 (a “permanent revolution”).

[2] Jones, Gareth Stedman. “Introduction.” p. 17.

[3] Marx, Karl, and Engels, Friedrich. The Communist Manifesto. pp. 198, 197.

[4] For more background and context, see The Peoples Forum. “History of The Communist Manifesto with Brian Becker.” Available here.

[5] Ireland, David. The Communist Manifesto in the Revolutionary Politics of 1848. pp. 37-68.

[6] Wolff, Wilhelm, and Schapper, Karl. “A Circular of the First Congress of the Communist League to the League Members. June 9,1847.” pp. 599, 595.

[7] Althusser, Louis. Machiavelli and Us. p. 17.

[8] Marx, Karl. Grundrisse. pp. 105, 106.

[9] Marx, Karl, and Engels, Friedrich. The Communist Manifesto. p. 196.

[10] Ibid., p. 237.

[11] Ibid., p. 258.

[12] Ibid., p. 219.

[13] Marx, Karl. “Marx to Joseph Weydemeyer.” pp. 2-65.

[14] Marx, Karl, and Engels, Friedrich. The Communist Manifesto. p. 220.

[15] Ibid., p. 221.

[16] Ibid., p. 223.

[17] Ibid., p. 226.

[18] Ibid., p. 222.

[19] Ibid., p. 223.

[20] Ibid., p. 225.

[21] Ibid., p. 224.

[22] Ibid.

[23] Marx, Karl. Capital (Vol. 1). p. 604.

[24] Ibid., pp. 586, 575.

[25] Ibid., p. 588.

[26] Marx, Karl. Capital (Vol. 3). p. 162.

[27] Marx, Karl, and Engels, Friedrich. The Communist Manifesto. p. 228.

[28] Engels, Friedrich. The Condition of the Working Class in England. p. 30.

[29] Marx, Karl, and Engels, Friedrich. The Communist Manifesto. p. 229.

[30] Marx, Karl. Grundrisse. p. 528.

[31] Pradella, Lucia. Globalisation and the Critique of Political Economy. pp. 120, 122.

[32] Marx, Karl. “Revolution in China and Europe.” p. 93.

[33] Marx, Karl, and Engels, Friedrich. The Communist Manifesto. p. 257.

[34] Ibid., 258.

[35] La Riva, Gloria. “Lenin and the Right of Nations to Self-Determination.”

[36] Marx, Karl, and Engels, Friedrich. The Communist Manifesto. p. 219.

[37] Ibid., p. 227.

[38] Ibid., p. 230.

[39] Ibid., p. 230, 242.

[40] Horne, Gerald. “White Supremacy and Anti-Communism.” pp. 282-283.

[41] Burden-Stelly, Charisse. “Modern U.S. Racial Capitalism Some Theoretical Insights.”

[42] Becker, Brian. “How the Ideas of ‘The State and Revolution’ Changed History.” p. 11.

Bibliography

Althusser, Louis. Machiavelli and Us. Trans. F. Matheron. Verso, 2000.

Becker, Brian. “How the Ideas of ‘The State and Revolution’ Changed History.” In B. Becker (Ed.), Revolution Manifesto: Understanding Marx and Lenin’s Theory of Revolution. Liberation Media, 2015.

Burden-Stelly, Charisse. “Modern U.S. Racial Capitalism Some Theoretical Insights.” Monthly Review, Vol. 72, No. 3, pp. 8-20.

Engels, Friedrich. The Condition of the Working Class in England. Oxford University Press, 2009.

​​Horne, Gerald. “White Supremacy and Anticommunism.” Science & Society, Vol. 62, No. 2, 1998, pp. 282-283.

Ireland, David. The Communist Manifesto in the Revolutionary Politics of 1848: A Critical Evaluation. Palgrave Macmillan, 2022.

Jones, Gareth Stedman. “Introduction.” In Karl Marx and Friedrich Engels, The Communist Manifesto. Penguin Books, 1967.

La Riva, Gloria. “Lenin and the Right of Nations to Self-Determination.” In J. Cutter (Ed.), Storming the Gates: How the Russian Revolution Changed the World. Liberation Media, 2017.

Marx, Karl. Capital: A Critique of Political Economy (Vol. 1): The Process of Capitalist Production. Trans. S. Moore and E. Aveling. International Publishers, 1967.

Marx, Karl. Capital: A Critique of Political Economy (Vol. 2): The Process of Circulation of Capital. International Publishers, 1967.

Marx, Karl. Grundrisse: Foundations of the Critique of Political Economy (Rough Draft). Trans. M. Nicolaus. Penguin Books, 1993.

Marx, Karl. “Marx to Joseph Weydemeyer.” In Marx and Engels Collected Works (Vol. 39): Letters 1852-1855, Lawrence & Wisehart, 2010.

Marx, Karl. “Revolution in China and Europe.” In Marx-Engels Collected Works (Vol. 12): Marx and Engels 1853-1854. Lawrence & Wisehart, 2010.

Karl Marx and Friedrich Engels, The Communist Manifesto, trans. S. Moore (New York: Penguin Books, 1967).

Pradella, Lucia. Globalisation and the Critique of Political Economy: New Insights from Marx’s Writings. Routledge, 2015.

Wolff, Wilhelm, and Schapper, Karl. “A Circular of the First Congress of the Communist League to the League Members. June 9,1847.” In Marx-Engels Collected Works (Vol. 6): Marx and Engels: 1845-1848. Lawrence & Wishart, 2010.

Corporate Personhood, Monopoly Capital, and the Precedent That Wasn't: The 1886 "Santa Clara" Case

By Curry Malott

Republished from Liberation School.

Editor’s note: Beginning with overturning Roe v. Wade, the ultra right-wing Supreme Court continues to attack hard-won and elementary democratic rights in the United States, from affirmative action to the Indian Child Welfare Act. The following article is the third in our series “Crimes of the Supreme Court,” which demonstrates the fundamentally reactionary and anti-democratic nature of the Supreme Court. By examining key decisions in the Court’s history, we explain their historical and political context, the legal concepts and frameworks used to justify their decisions, and lay out their implications for later cases. This entry focuses on an 1886 Supreme Court ruling that is often cited as the precedent guaranteeing corporations the same protections as “natural persons,” although it did no such thing. Nonetheless, this case and several preceding ones demonstrated how the struggle for corporate personhood—particularly under the “Equal Protection Clause” of the 14th Amendment—was intimately bound up in the transition to U.S. monopoly capitalism.

How do the actual people in charge of corporations manage to remain protected from the consequences of the countless crimes they commit year after year? How is it that when CEOs make clear and obvious decisions that habitually violate every existing worker-won regulation, from the Clean Air Act to the Civil Rights Act, with very few exceptions, they charge the corporation—the “artificial” or “unnatural” person—instead of the CEO—the actual, “natural person” who made those decisions?

The legal grounds that corporations have the same protections and rights as “natural persons” is commonly justified by the 1886 Supreme Court ruling in Santa Clara County v. Southern Pacific Railroad Company. As we’ll see, the Court’s decision in the case didn’t establish any precedent for corporate personhood, nor did the Court make any ruling on it. To the extent that the Supreme Court even debated “artificial,” “corporate,” and other kinds of personhood, they did so to facilitate the transition from “free competition” to monopoly capitalism in the country.

In this article, we explore the Santa Clara case before turning to debates within the institutions of power in the U.S. over the Equal Protection Clause of the 14th Amendment. These debates can only be understood if situated within their historical, political, and economic context: the transition to monopoly capital in the U.S. To conclude, we explore the case’s destructive legacy, or the way it was illegitimately used to set precedent for the growth of monopoly capital.

The facts and outcome of the case

During the 1878-79 California Constitutional Convention, the state enacted a new tax code that, in part, prevented railroad corporations from factoring existing debts and mortgages into their total taxable value. The Southern Pacific Railroad Company, along with the Central Pacific Railroad Company, refused to follow the new code. They did not pay the additional tax, nor did they pay the back taxes they subsequently owed.

The first point of contention were back taxes—including the interest on them—that railroad companies refused to pay in California, specifically the taxes being levied on the fencing along the railroads’ right-of-way. Among the handful of complaints brought forth, lawyers representing the railroads argued that it was the county and not the state that should have assessed the value of the fencing. As Thom Hartmann points out, “the railroad was refusing to pay taxes of about $30,000,” which is “like having a $10,000 car and refusing to pay a $10 tax on it—and taking the case to the Supreme Court” [1].

Faced with the loss of revenue, a number of counties in California, including San Mateo County, filed suit against the railroad companies in an attempt to collect the taxes that the railroads refused to pay. According to Southern Pacific’s executives, they were being treated unfairly relative to “legal” or “natural” persons who could deduct debts and mortgages from their taxable income or value. The cases were consolidated before reaching the California Supreme Court, which ruled mostly in favor of the counties and against the railroad companies. The one exception concerned the fences constructed around the railroads. The Court affirmed that the fences “were improperly included by the State Board in its assessments” and, as a result, there was no legal basis for the counties to collect additional taxes [2].

The origins of corporate personhood?

Interestingly, however, the Santa Clara decision is rarely remembered for the issue of taxation and, more specifically, the role of railroad monopolies, and is instead mostly cited as the first instance of the Supreme Court upholding “corporate personhood.”

One of the railroad’s defenses at the Supreme Court hearing included arguing that the “Equal Protection Clause” of the 14th Amendment applied to corporations, so therefore the state couldn’t tax them differently from other citizens. Yet this was only a minor point among the six arguments presented by the railroads.

Moreover, it seems Chief Justice Morrison Waite quickly dismissed the argument in the case by stating that it is a general, agreed upon principle that the clause applies to corporations.  According to the ruling’s “headnote,” Waite stated the Court would not even consider “whether the provision in the 14th Amendment to the Constitution, which forbids a State to deny any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does” [3].

Did the Supreme Court, then, establish a legal precedent that corporations have the same legal protections as natural persons? Despite the Supreme Court citing it as precedent for a century, and despite that it was routinely taught to law students as precedent, the ruling did no such thing.

Waite’s comment above was not part of the official ruling. Instead, it was included in a headnote written by the Court’s Reporter of Decisions, journalist J.C. Bancroft Davis, former president of the Newburgh and New York Railway Company. Headnotes are introductory summaries of cases added to Court rulings to make it easier for legal professionals and others to sift through cases.

Headnotes, therefore, are not legally-binding and hold no legal authority. It wasn’t until the 1906 ruling in United States v. Detroit Lumber Co. that the Supreme Court officially ruled in its majority opinion that headnotes aren’t part of the Court’s rulings or findings. As then-Chief Justice David Brewer wrote, “the headnote is not the work of the court, nor does it state its decision… it is simply the work of the reporter, gives his understanding of the decision, and is prepared for the convenience of the profession in the examination of the reports” [4]. This, however, hasn’t prevented the U.S. courts in general, and the Supreme Court in particular, from citing the headnote as precedent.

The headnote is significant in a few ways. First, the report of Waite’s comments didn’t include any legal or constitutional justification; it was a mere assertion. As a result, since 1886 the status of corporations as “people” protected under the Constitution has been a source of controversy. Moreover, “the concept of the corporate person lacks a principled definition and, therefore, seems to expand, or contract, depending on the circumstances and on the personal predilections of the speaker” [5].

The headnote is especially significant because of Waite’s sweeping acceptance that corporations are protected by the Equal Protection Clause of the 14th Amendment. This differs from a previous Court ruling in the 1873 Slaughterhouse Cases that made their way to the U.S. Supreme Court after an 1869 Louisiana legislature decision to issue a charter confining slaughterhouse operations in New Orleans to a single corporate entity, the Crescent City Live-Stock Landing and Slaughter-House Company.

Crescent City’s charter required the company to run its waste downstream, ordered other slaughterhouses, most of which were much smaller, to close, and forbid the establishment of any new slaughterhouses in the area for the next 25 years. In effect, the legislature produced a monopoly on slaughterhouses for the time period. This meant that all workers, including butchers, had to work for Crescent or find work elsewhere. As a result, hundreds of members of the Butchers’ Benevolent Association, which represented smaller or independent slaughterhouses, filed suit in the Louisiana Supreme Court on the basis that the monopoly violated the 13th and 14th Amendments by forcing butchers into “involuntary servitude” and taking away their property without compensation or due process.

When the U.S. Supreme Court took up the cases, the majority opinion explicitly stated that the Amendments did not apply in this instance. The dissenting opinion by Justice Stephen Field proposed a broad definition of the Amendments at stake, one that would become more expansive as the overthrow of Reconstruction solidified. The crucial issue, he stated, was “whether the recent amendments to the Federal Constitution protect the citizens of the United States against the deprivation of their common rights by State legislation.” Field closed the dissenting opinion by asserting that the 14th Amendment applies to corporations and monopolies. He wrote that the Amendment “does afford such protection, and was so intended by the Congress which framed and the States which adopted it” [6].

Between his time on California’s Ninth Circuit Court and the Supreme Court, “Field worked tirelessly to expand the 14th Amendment to include the rights of corporations.” He was driven by careerism and a desire to reach the country’s highest court and maybe even the presidency “with the support of railroad money” [7].

In his dissenting opinion in a related railroad case, Fields expressed his outrage that the Court was neglecting the crucial question, which was if “an unlawful and unjust discrimination was made . . . and to that extent depriving it of the equal protection of the laws” [8].

Whether or not the original drafters of the post-Civil War amendments explicitly considered if and how the 14th Amendment—or the 13th— could apply to corporations or any group other than Black people is unclear. Based on available records, some argue that Congress may indeed have considered or intended for corporations to be included in the 14th Amendment, as the original drafters “were inundated with petitions from insurance companies and railroads complaining about protectionist state measures” [9]. That the 14th Amendment makes a distinction between “persons” and “citizens” is also significant, as the former “are entitled to due process and equal protection” while the latter are only “guaranteed the privileges and immunities of national citizenship” [10].

What is certainly true, however, is that almost none of the 14th Amendment cases heard by the Supreme Court concerned the rights of Black people. The Supreme Court itself affirmed this in 1938. In his dissenting opinion on Connecticut Gen Life Ins C. v. Johnson, Justice Hugo Black cited Miller’s majority opinion in the 1873 Slaughterhouse cases, doubting that the 13th and 14th Amendments would include anyone except Black people. “Yet,” he continued, “of the cases in this Court in which the 14th Amendment was applied during the first fifty years after its adoption, less than one-half of 1 per cent. invoked it in protection of the negro race, and more than 50 per cent. asked that its benefits be extended to corporations” [11].

Further, recent history affirms that the U.S. ruling class considers and treats corporate entities much more humanely than they treat Black people.

Corporate personhood and a new phase of U.S. capitalism

The period leading up to the 1886 case was characterized by monumental shifts in the political, social, economic, and racial order of the U.S. This included the heroic Reconstruction era as well as its tragic defeat and the rapid growth of monopoly capital in the country.

In the decade leading up to Santa Clara case, railroad barons emerged as a new faction of the capitalist class that provided the model for monopoly capital. This is why, just before the 1878-79 California Convention, California allowed the Southern Pacific Railroad Company to absorb several other corporations. Prior to that, Congress granted 11 million acres of land to Southern Pacific, although for their expansion the company acquired additional debts through a mortgage on its construction, equipment, railcars, and so on. Southern Pacific was also granted the legal authority to construct a line connecting San Francisco to Texas.

The trend toward monopoly predated the Civil War and coincided with the ongoing conquest of the continent. Large corporations, with state funding, facilitated the expanding interstate commerce through railways and canals, which in turn led to a larger and more integrated national economy. Federal and state legislatures promoted this centralization of capital insofar as it took the economic burden off the state while still allowing the state to use the new networks for postal and military purposes.

The pressing question for the U.S. ruling class was whether or not the government-backed monopolists would ultimately represent a unique and temporary phenomenon or provide a model for capital as a whole.

There was a clear struggle between the ideologues of small enterprises that formerly dominated the economic landscape and operated similarly to the idealistic “free competition” phase of capitalism and those of monopoly capital, where the various enterprises dispersed throughout different entities were consolidated into large ones.

As Morton J. Horowitz details in his account of how legal structures raced to keep up with the latest changes in capital, in the 1880s there wasn’t any precedent about “natural” or “corporate” persons because these categories threatened individualism and free-market competition. By the turn of the century, however, the struggles over “political economy between small entrepreneurs and emergent big business over the legitimacy of large scale enterprise” erupted [12].

The debates taking place within the ruling class had to do with whether or not there was an inherent tendency for capital to centralize. At the time, most political economists didn’t give credence to the inevitability of monopolization, seeing the railroads as exceptional. It didn’t take long until politicians, bourgeois economists, and others rightly interpreted the railroad’s economic trajectory as a precursor to a coming phase of industrial monopolization.

There was a shift in power and influence within the capitalist class from the old “free enterprise” capitalists to the new monopolists:

“By the late nineteenth century in America, fundamental changes had already taken place in the legal treatment of the corporation. First, and by far the most important, was the erosion of the so-called ‘grant’ or ‘concession’ theory of the corporation, which treated the act of incorporation as a special privilege conferred by the state for the pursuit of public purposes. Under the grant theory, the business corporation was regarded as an ‘artificial being’ created by the state with powers strictly limited by its charter of incorporation. As we shall see, a number of more specific legal doctrines were also derived from the grant theory in order to enforce the state’s interest in limiting and confining corporate power” [13].

From this point of view, the rise of monopoly capitalism, or the centralization of larger and larger sectors of the means of production into fewer and fewer hands, is driven by the self-expansive and competitive nature of capitalist production. The Supreme Court provided the legal grounds for facilitating this transformation.

Legacy of the case

In the immediate aftermath of Santa Clara, “the Court did away with 230 state laws that had been passed to regulate corporations” [14]. It was clear evidence monopoly capital was in control of politics. Supreme Court decisions in the years between 1908 and 1914, often citing corporate personhood, struck down minimum-wage laws, workers’ compensation laws, utility regulation, and child labor laws—every kind of law that a people might institute to protect its citizenry from abuses” [15].

For over a century now, the state has continued to take power and rights away from working and oppressed people and transferred it to capital. They have even perverted the hard-won gains won by people’s movements into justifications for increasing corporate power, perhaps none more disgusting than the misuse of the 14th Amendment.

While even to this day there is no clear legal basis for corporate personhood, that hasn’t stopped the Supreme Court from waging class war against the people on behalf of corporations. Because the nine unelected judges determine the law, they can legally justify whatever tactics they deploy against us.

The misuse of Santa Clara’s headnote has not only severely inhibited the ability to regulate corporations, but it has created a space for CEOs and shareholders to operate with near impunity. For example, Joel Bakan notes that “corporate illegalities are rife throughout the economy…By design, the corporate form generally protects the human beings who run corporations from legal liability, leaving the corporation, a ‘person’…the main target of criminal prosecution” [16].

The Supreme Court was created to serve the interests of the capitalist class. Its very existence stands as a barrier to the working and oppressed peoples’ desire for a true democracy. As the Supreme Court unleashes its most current wave of attacks on our basic democratic rights, we will continue to fight for a new system.

References

[1] Thom Hartmann,Unequal Protection: How Corporations Became People–and How You can Fight Back(San Francisco: ‎ Berrett-Koehler Publishers, 2010), 18.
[2] Santa Clara County. v. South Pacific Railroad, 118 U.S. 394 (1886), 411. Availablehere.
[3] Ibid., 396.
[4] United States v. Detroit Lumber Co., 200 U.S. 321 (1906). Availablehere.
[5] Malcolm J. Harkins III, “The Uneasy Relationship of Hobby Lobby, Conestoga Wood, the Affordable Care Act, and the Corporate Person: How a Historical Myth Continues to Bedevil the Legal System,”Saint Louis University Journal of Health Law & Policy7, no. 2 (2014): 204.
[6] Ibid.
[7] Nicholas S. Paliewicz, “How Trains Became People: Southern Pacific Railroad Co.’s Networked Rhetorical Culture and the Dawn of Corporate Personhood,”Journal of Communication Inquiry43, no. 2 (2019): 204-205.
[8] Cited in Ibid.
[9] Matthew J. Zinn and Steven Reed, “Equal Protection and State Taxation of Interstate Business,”The Tax Lawyer41, no. 1 (1987): 89-90.
[10] Ibid., 90.
[11] Connecticut General Life Ins. Co v. Johnson, 303 U.S. 77 (1938). Availablehere.
[12] Morton J. Horowitz, “Santa Clara Revisited: The Development of Corporate Theory,”West Virginia Law Review88, no. 2 (1986): 187.
[13] Ibid., 181.
[14] Howard Zinn,A People’s History of the United States(New York: Perennial Classics, 1980/1999), 261.
[15] Hartmann,Unequal Protection, 24.
[16] Joel Bakan,The Corporation: The Pathological Pursuit of Profit and Power(New York: The Free Press, 2004), 75-79.