Recent U.S. Supreme Court decisions in Citizens United and other high-profile cases have sparked passionate disagreement about the proper role of corporations in American democracy. Partisans on both sides have made bold claims, often with little basis in historical facts. Bringing together leading scholars of history, law, and political science, Corporations and American Democracy provides the historical and intellectual grounding necessary to put today’s corporate policy debates in proper context. From the nation’s founding to the present, Americans have regarded corporations with ambivalence—embracing their potential to revolutionize economic life and yet remaining wary of their capacity to undermine democratic institutions. Although corporations were originally created to give businesses and other associations special legal rights and privileges, historically they were denied many of the constitutional protections afforded flesh-and-blood citizens. This comprehensive volume covers a range of topics, including the origins of corporations in English and American law, the historical shift from special charters to general incorporation, the increased variety of corporations that this shift made possible, and the roots of modern corporate regulation in the Progressive Era and New Deal. It also covers the evolution of judicial views of corporate rights, particularly since corporations have become the form of choice for an increasing variety of nonbusiness organizations, including political advocacy groups. Ironically, in today’s global economy the decline of large, vertically integrated corporations—the type of corporation that past reform movements fought so hard to regulate—poses some of the newest challenges to effective government oversight of the economy.

Making the Modern American Fiscal State chronicles the rise of the US system of direct and progressive taxation.

Americans today worry about concentrated power in private industry to an extent not seen in generations. Not only do they find diminished diversity of service-providers and producers, but they are disquieted by the power of a few large companies to shape and constrain democratic processes. Americans across the political spectrum, from former President Donald Trump to Massachusetts Senator Elizabeth Warren, have sounded alarms about the overlarge power of business in both public and private life. While many of the technologies and industries that worry Americans are new, the concerns they've raised are not unprecedented. Antimonopoly and American Democracy traces the history of antimonopoly politics in the United States, arguing that organized action against concentrated economic power comprises an important American democratic tradition. While prevailing narratives tend to treat monopoly as a risk to people mainly in their roles as consumers--by causing prices to increase, for example--this study broadens the conversation, recounting ways in which monopolism can hurt ordinary people without directly impacting their wallets. From the pre-revolutionary era to the age of Big Tech, the volume explores the effects that historical monopolies have had on democracy by using their wealth and influence to dominate electoral politics and regulation. Chapters also highlight a range of sites of economic concentration, from land ownership to media reach, and attempts at combating them, from labor organizing to constitutional revision. Featuring original scholarship from some of the world's leading experts in American economic, political, and legal history, Antimonopoly and American Democracy offers important lessons for our contemporary political moment, in which fears of concentrated wealth and influence are again on the rise.

This work contains the full text of the papers presented at the second Tax Law History Conference in July 2004. The Conference was organised by the Cambridge Law Faculty's Centre for Tax Law. The papers range widely in terms of period - from the Old Testament to the twentieth century - and geographical areas, with papers on matters relating to not only the United Kingdom but also Canada, Australia and the US. The matters discussed are also broad and include the concept of taxation developed by Adam Smith and his fellow United Kingdom writers of the Enlightenment, problems of adjudication in tax law and of access to justice for taxpayers, definitions of income and its UK subset 'total income', capital gains tax, stamp duty on newspapers, the wartime excess profits tax, the nature of tithes, the strange tale of Jasper Moore, the real nature of the decision in the Duke of Westminster case, the demise of wealth transfer taxes in Canada, the nature of the US corporate tax and debates in the US about whether to raise war finance by issuing bonds or levying tax. As a whole the papers illustrate not only the wide variety but also the real depth of the issues waiting to be investigated in this rapidly growing field of scholarship.