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Tuesday, March 25, 2014

Do Corporations Dream Of Electric Sheeple?

Slate:

Contrary to present efforts to depict corporations as simple and natural entities—like persons—entitled to constitutional rights, a different view prevailed for most of American history. Until the mid-20th century, the corporation was seen as a special and artificial creature of the government. It has never been seen as entitled to the same array of rights guaranteed to citizens.

Pretty good job laying out what corporations are supposed to be.  Cites Brandeis and the same Marshall ruling I noted in the context of Citizens United, amongst other things.

Also reminded me of a complaint by Justice Black in 1938:

[O]f the cases in this Court in which the Fourteenth Amendment was applied during the first fifty years after its adoption, less than one-half of 1 per cent. invoked it in protection of the negro race, and more than 50 per cent. asked that its benefits be extended to corporations. 

Hey, artifical persons have rights, too!  Where's a blade runner when you need one?

ntodd

March 25, 2014 | Permalink

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Comments

Dear Justice Black: Follow the money. Yr Friend, "Deep Throat"

As for the Hobby Lobby case that prompts this renewed interest: from what I've read about the oral arguments, Hobby Lobby didn't make much headway with its case. I'm wondering if the Supremes aren't going to strike down the 10th Cir (I think it was) grant of standing to Hobby Lobby under RFRA, and toss this thing out on rather simple, rather than earthshaking, grounds.

I really don't think the law requires recognizing the claims of the corporations, and I don't think the Court will have much trouble recognizing that.

Posted by: Rmj | Mar 25, 2014 1:47:30 PM

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