Time to Rethink Corporate Personhood

January 20, 2010  |   Paul Crist Politics and Policy

Since the early 19th century, the Supreme Court has ruled numerous times on the issue of "personhood" for corporations. That is, they have given corporate entities of all types the legal and political standing of a breathing human being. Some of those rulings were just and fair. Others have had the, perhaps unintended, consequence of subverting the democratic processes of our Representative Republic.   We talk much about how corporate interests have hijacked our legislative process, but the fact is that corporate wealth has always been used to influence our judicial processes in ways that have allowed these "special interests" to legally overrun the legislative branch.   Consider: There were 150 Supreme Court cases involving the 14th Amendment prior to Plessy v. Ferguson in 1896. (That nefarious case established the legal standing of "separate but equal.") The 14th Amendment ensures due process of law in legislation, equal protection under the law, etc. It was intended mainly to bring freed slaves into American society. Of these 150 cases heard by the Court, however, only 15 involved freed African-American slaves (and of those 15, they only won one case!). But 135 cases involved corporations or business entities. Corporations, under an expansive legal view of the 14th Amendment, have used it as a shield against regulation and taxes at both the federal and state level.   Corporations have used the 14th Amendment to consolidate their power in the U.S. and the world. They have gained many of the inalienable rights of humans guaranteed

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