By Ralph Nader
March 25, 2022
In over twenty hours of grueling confirmation hearings for Judge Ketanji Jackson’s nomination to the U.S. Supreme Court, Republican Senators (Cruz, Cotton, Hawley, Blackburn, and Graham) found much time to disgrace themselves, using the Judge as a prop for their despicable political ambitions. Meanwhile the Democratic (and Republican) Senators found no time to tap into Judge Jackson’s knowledge and analysis of the grave issues regarding the nexus of the power of giant corporations and the Constitution.
Senators, who should have known better, declined to raise the important questions about corporate personhood, or the provision of equal rights for corporations with human beings in a Constitution that never mentions “corporations” or “companies.” The Constitution is all about “We the People.”
Ignoring the immense power of global corporations over the rule of law, the immunities and privileges these companies use to escape the law and harm people with impunity, and the power of corporations under the 2011 Citizens United case to spend unlimited amounts of money to independently support or oppose candidates for public office were taboo subjects.
These are critical questions that leading citizen groups like Public Citizen and Common Cause would have wanted raised. The hearings, before a large television and radio audience, could have provided a rare educational moment for the public!
In numerous nomination hearings for Associate Justices of the High Court, we have submitted questions to presumably receptive Democratic Senators about corporations and the law. They were never asked. Our requests that Senators submit questions on corporate power to the nominee for written responses were also regularly denied.
Since my testimony with Dr. Sidney Wolfe during Justice Stephen Breyer’s confirmation hearings in 1994, outside civic witnesses have largely been prohibited from testifying at these tightly choreographed spectacles. Congress has added this exclusion to their overall closure movement against the civic community.
We are left with submitting testimony for the record, which rarely sees the light of the Judiciary Committee’s day. On the last day of the hearings with the nominees, the two Parties each select their own panel of rubber-stamp witnesses (often law professors). Both the media and senatorial attendance declines.
The Committee’s arrogance is such that distinguished people asking to testify do not even get the courtesy of a written acknowledgement. They’re just treated as nonpersons, instead of valuable contributors to the nomination process.
During the nomination in 2006 of the most right-wing corporatist, unitary-presidency ideologue, Samuel A. Alito, Jr., I wrote that the Senators did not “pose questions relating to access-to-justice, as provided by tort law, nor to the generic constitutional questions relating to NAFTA and the World Trade Organization (WTO) and their dubious authority to side-step the sovereignty of our three branches of government with their mandatory decisions” affecting workers, consumers, and the environment.
When the most powerful institutions in our country escape scrutiny at these times of peak interest in the rule of law (constitutional and statutory), the charge that Congress refuses to confront corporatism and the supremacy of these out-of-control corporate behemoths comes full circle.
Call them above the law, beyond the law, or the creators of the law, giant and powerful corporations are a major domestic threat to our democracy. They are corrupting elections, dominating the media, blocking union formation, obstructing judicial justice for wrongfully injured people, and destroying our consumer freedom of contract – while strategically planning the future of human beings, down to their genetic inheritance.
Asking Judge Jackson her thoughts about the legal rights of robots, the engagement in military activities by corporate contractors, and the corporate patenting of life forms would have increased public awareness about important legal issues. Even if she artfully avoided judgmental replies, just asking what she knows about the settled law in these and other areas would have educated lawmakers and the public.
To get a sense of the immensity of this overlooked corporate phenomenon, please visit our website nader.org for the list of my previous questions and see the excellent article by the great journalist Morton Mintz in the November 1, 2005 issue of The Nation titled “Serious Questions for Samuel A. Alito Jr.”(See, https://www.thenation.com/article/archive/serious-questions-samuel-alito-jr/).
Readers, remember Congress is misusing the powers that you have granted it under the Constitution, but you still hold the sovereign power and duty to safeguard and improve our democracy.