Corporate Power & Constitutional Remedies

A comprehensive four-module exploration of how corporate consolidation transformed America and what constitutional mechanisms can restore competition and accountability

Understanding the Crisis

Over the past four decades, American markets have undergone a dramatic transformation. Competitive industries with dozens of independent firms have consolidated into oligopolies dominated by three to five massive corporations. This consolidation represents not merely a business trend but a fundamental restructuring of economic and political power.

This four-module series explores how this consolidation happened, why traditional antitrust enforcement failed, how courts have reshaped law to enable concentration, and what constitutional remedies can restore competition and accountability.

Learning Pathway

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Module 1
Corporate Consolidation & Market Capture

How antitrust failure has enabled consolidation across agriculture, healthcare, finance, technology, media, and logistics. Real-world case studies of market domination.

Key Concepts:

Market consolidationMonopoly powerAntitrust failureIndustry analysis
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Module 2
Structural Capture vs. Corruption

Why replacing individual officials doesn't fix systemic problems. Understanding how institutions become systematically misaligned with their regulatory purpose.

Key Concepts:

Regulatory captureRevolving doorSystemic misalignmentInstitutional incentives
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Module 3
Legal Doctrine as Power Mechanism

How courts reshape law through doctrinal evolution. The consumer welfare standard, qualified immunity, and corporate personhood as tools for concentrating power.

Key Concepts:

Doctrinal evolutionConsumer welfareQualified immunityJudicial gatekeeping
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Module 4
Remedies Beyond Antitrust

Constitutional and contractual mechanisms to restore competition. Article VI oath enforcement, quo warranto, void ab initio, Section 1983, and structural remedies.

Key Concepts:

Constitutional remediesQuo warrantoVoid ab initioSection 1983Structural remedies

How the Modules Connect

Diagnosis: The Problem

Module 1 documents the consolidation crisis across six industries. Module 2 explains why this consolidation persists despite individual actors' best efforts—because the problem is structural, not personal.

Root Cause: Legal Mechanisms

Module 3 reveals how courts have systematically reshaped legal doctrine to enable consolidation. Understanding these mechanisms is essential to identifying remedies.

Solution: Constitutional Remedies

Module 4 presents constitutional and contractual mechanisms that can restore competition. These remedies work precisely because they address the structural problems identified in Modules 1-3.

Integration: Cross-Module Concepts

All four modules integrate core constitutional concepts: Article VI oath enforcement, prerequisites to office, void ab initio doctrine, and Section 1983 liability for constitutional violations.

Ready to Understand Corporate Power?

Start with Module 1 and progress through the four-module series to understand the complete picture of consolidation, capture, doctrine, and remedies.