Heather Sturgill, a volunteer with Move to Amend Miami County, Ohio, explores how corporations have more rights than people. She calls on readers to urge their representatives to support House Joint Resolution 54, the We the People Amendment.
As we approach the May 10th anniversary of the 1886 Supreme Court’s Santa Clara County v. Southern Pacific Railroad Company decision it is becoming increasingly clear that corporations have more rights than flesh and blood people. Though the decision itself did not explicitly grant corporations personhood, the headnote written by the court reporter stated that corporations are entitled to protection under the Fourteenth Amendment, a provision originally designed to protect freed slaves.
Section 1 of the 14th amendment of the U.S. Constitution includes “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
In subsequent decades, this clause has been applied in a range of contexts, including to shield corporations from certain forms of government action. A notable example occurred in General Dynamics Corp. v. United States (2011), when the Supreme Court held that the government could not pursue its claims against the defense contractor without disclosing classified information essential to the company's defense. Because the evidence in question involved state secrets, the Court concluded that the proper course was to dismiss the claims, effectively protecting the corporation’s procedural rights under the due process clause.
Critics of the expanding scope of corporate rights contend that this legal doctrine has increasingly insulated powerful economic actors from accountability, even as individuals—particularly immigrants and undocumented residents—face significant hurdles in asserting their own rights.
In recent months, the Trump administration has intensified immigration enforcement, often citing national security to justify withholding information. For instance, in March 2025, the U.S. designated the Tren de Aragua gang, as a terrorist organization, then rounded up over 250 supposedly Venezuelan migrants and deported them to El Salvador, claiming they were linked to the gang. However, the U.S. government did not provide families or the media with names, evidence of crimes, or affiliations, citing operational security.
The use of national security to withhold information in immigration cases is not new. Senator Chris Van Hollen recently criticized the current administration for deporting Kilmar Ábrego García, a Maryland resident. And, despite a unanimous Supreme Court decision that ordered the administration to facilitate his return, he has yet to be brought back. The administration accuses García of MS-13 gang affiliation but has not filed any charges related to that accusation, raising questions about the use of unverified allegations to justify deportations.
Withholding information prevents individuals from challenging their detention or deportation effectively. And, the lack of access to evidence and legal recourse raises concerns about potential abuses of power and the erosion of constitutional protections.
Now, if we contrast the actions of the U.S. administration when dealing with people, vs when dealing with corporations we see that in the last decade, the principle of corporate personhood has been used to the advantage of powerful corporations, while ordinary flesh and blood persons often face less favorable outcomes when seeking justice.
As the country marks the anniversary of the Santa Clara decision, some activists and lawmakers are calling for a reevaluation of corporate rights and their broader implications.
Contact your State level representatives (www.ohiosenate.gov and https://ohiohouse.gov/) and ask them: “In the Ohio Senate, Kent Smith and Nickie Antonio have introduced S.R. No. 93 that calls for an amendment to the U.S. Constitution to end ‘corporate personhood’ and ‘money as speech.’ We expect a similar resolution to be introduced in the House. Will you support this?”
Contact your representative in Congress (202-224-3121) and ask them: “Please support House Joint Resolution 54 (HJR 54). It’s a call for a 28th Amendment to the Constitution that restores that fundamental promise of our Republic: government of, by, and for the people.”
Contact your Senators (Husted & Moreno 202-224-3121) and ask them: “Please to cosponsor a companion resolution to House Joint Resolution 54 (HJR 54) when it's introduced in the Senate. It’s a call for a 28th Amendment to the Constitution that restores that fundamental promise of our Republic: government of, by, and for the people.”