The Mudcat Café TM
Thread #123659   Message #2725789
Posted By: Sawzaw
17-Sep-09 - 10:57 PM
Thread Name: BS: Corporate Personhood vs Democracy
Subject: RE: BS: Corporate Personhood vs Democracy
I am totally against any kind of business entity, association or group from having the rights that a individual, ordinary citizen has.

In the late 1800's a railroad in California won some sort of legal case that gave them rights and everything was built on that "case law".

It gripes me when someone says "you need a lawyer to do that" I say what the hell rights does a lawyer have that an ordinary citizen does not have?

One of the biggest problems we have in the US is the legal system is out of control. Whom ever has the most money usually wins.

Ever hear the story about the one lawyer town? The guy was starving until another lawyer set up shop in the same town.

In 1886, . . . in the case of Santa Clara County v. Southern Pacific Railroad Company, the U.S. Supreme Court decided that a private corporation is a person and entitled to the legal rights and protections the Constitutions affords to any person. Because the Constitution makes no mention of corporations, it is a fairly clear case of the Court's taking it upon itself to rewrite the Constitution.
          Far more remarkable, however, is that the doctrine of corporate personhood, which subsequently became a cornerstone of corporate law, was introduced into this 1886 decision without argument. According to the official case record, Supreme Court Justice Morrison Remick Waite simply pronounced before the beginning of arguement in the case of Santa Clara County v. Southern Pacific Railroad Company that

             The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of opinion that it does.

          The court reporter duly entered into the summary record of the Court's findings that

             The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteen Amendment to the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws.

          Thus it was that a two-sentence assertion by a single judge elevated corporations to the status of persons under the law, prepared the way for the rise of global corporate rule, and thereby changed the course of history.
          The doctrine of corporate personhood creates an interesting legal contradiction. The corporation is owned by its shareholders and is therefore their property. If it is also a legal person, then it is a person owned by others and thus exists in a condition of slavery -- a status explicitly forbidden by the Thirteenth Amendment to the Constitution. So is a corporation a person illegally held in servitude by its shareholders? Or is it a person who enjoys the rights of personhood that take precedence over the presumed ownership rights of its shareholders? So far as I have been able to determine, this contradiction has not been directly addressed by the courts.