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Reply #81: I'm just arguing against conveying rights of personhood on corporations [View All]

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laughingliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-16-09 09:58 AM
Response to Reply #79
81. I'm just arguing against conveying rights of personhood on corporations
Edited on Mon Nov-16-09 10:00 AM by laughingliberal
this is one argument I found:


http://www.ratical.org/corporations/SCvSPR1886.html

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 point I am making is not, entirely, that a single headnote gave corporations the status of 'persons.' What I see is a "two sentence assertion by a single judge elevated corporations to the status of persons under the law."

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