Op-ed revives 'corporate death penalty' argument rooted in 1889 sugar trust ruling
A commentary piece argues that if corporations enjoy legal personhood under the Fourteenth Amendment, they should also face the equivalent of capital punishment for serious wrongdoing. It traces this idea to 'judicial dissolution,' citing the 1889 New York Supreme Court case that forced the North River Sugar Refining Corporation—a 17-company sugar monopoly—to liquidate for abusing its charter through price-fixing and consolidation.
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The piece uses this century-old precedent to question why modern tech giants, which wield outsized influence over data privacy, labor conditions, and elections, rarely face existential legal consequences despite corporate personhood doctrines. It suggests judicial dissolution remains a largely dormant legal tool that could, in theory, be revived to hold powerful corporations accountable for egregious misconduct.
- Corporate personhood stems from an 1886 Supreme Court case involving Southern Pacific Railroad and the Fourteenth Amendment.
- Judicial dissolution, or 'corporate death penalty,' was used in 1889 to dissolve a 17-company sugar monopoly for price-fixing.
- The op-ed argues this historical precedent could theoretically justify dissolving modern corporations for serious abuses of power.
Source: futurism.com — Joe Wilkins, 2026-08-29
Published there as: “If Corporations Are People, They Should Be Subject to the Death Penalty”
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