1-Because corporations are a creation of the government - chartered by the state legislatures - they still fell on the government side of the constitutional line with duties accountable to the people. If minority rule by property was going to be accomplished through corporations, they had to become entitled to rights instead, which required them to cross the line and become persons under the law.then it took the ruling class less than 20 years to shift corporations from the duty side of the line, where they're accountable to the people, to the rights side, where they get protection from government abuse. 2-the "separate but equal" doctrine that legalized racial segregation through what were known as "Jim Crow" laws.in the first 50 years after its adoption, less than one-half of one percent invoked it in protection of African Americans, and more than 50% asked that its benefits be extended to corporations. "Equal protection under the law" turns out to mean: whoever has enough money to go to the Supreme Court to fight for it.people acquire rights by amendment to the Constitution - a long and difficult, but democratic, process - and corporations acquire them by Supreme Court decisions. 3-After corporate personhood is abolished, new legislation will be possible. Here are a few examples. If "corporate persons" no longer had First Amendment right of free speech, we could prohibit all corporate political activity, such as lobbying and contributions to political candidates and parties. If "corporate persons" were not protected against search without a warrant under the Fourth Amendment, then corporate managers couldn't turn OSHA and the EPA inspectors away if they make surprise, unscheduled searches. If "corporate persons" weren't protected against discrimination under the 14th Amendment, corporations like Wal-Mart couldn't force themselves into communities that don't want them.
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1-Because corporations are a creation of the government - chartered by the state legislatures - they still fell on the government side of the constitutional line with duties accountable to the people. If minority rule by property was going to be accomplished through corporations, they had to become entitled to rights instead, which required them to cross the line and become persons under the law.then it took the ruling class less than 20 years to shift corporations from the duty side of the line, where they're accountable to the people, to the rights side, where they get protection from government abuse.
ReplyDelete2-the "separate but equal" doctrine that legalized racial segregation through what were known as "Jim Crow" laws.in the first 50 years after its adoption, less than one-half of one percent invoked it in protection of African Americans, and more than 50% asked that its benefits be extended to corporations. "Equal protection under the law" turns out to mean: whoever has enough money to go to the Supreme Court to fight for it.people acquire rights by amendment to the Constitution - a long and difficult, but democratic, process - and corporations acquire them by Supreme Court decisions.
3-After corporate personhood is abolished, new legislation will be possible. Here are a few examples. If "corporate persons" no longer had First Amendment right of free speech, we could prohibit all corporate political activity, such as lobbying and contributions to political candidates and parties. If "corporate persons" were not protected against search without a warrant under the Fourth Amendment, then corporate managers couldn't turn OSHA and the EPA inspectors away if they make surprise, unscheduled searches. If "corporate persons" weren't protected against discrimination under the 14th Amendment, corporations like Wal-Mart couldn't force themselves into communities that don't want them.