Thursday, September 29, 2011

End The Unelected Usurpation

The opinion a "corporation" is a person entitled to Constitutional protection in The United States of America under The 14th Amendment was established into Law by The Supreme Court case Santa Clara County v. Southern Pacific Railroad (1886). The Decision was instrumental in laying the foundation for modern law regarding corporate "personhood". One shouldn't be surprized the issue of dispute involved "taxes". The Decision never hinged on the equal protection claims, yet has since been cited as the precedent for the word 'person' in The 14th Amendment being applied to corporations. Trustees of Dartmouth College v. Woodward (1819) is the landmark United States Supreme Court case dealing with the application of the Contract Clause of The United States Constitution to private corporations. The Decision allowed Dartmouth to continue as a "private" institution.

Treating "corporations" as "people" is convenient legal fiction. As it turns out, unelected justices have willfully prverted the very entrenched monopolies The Founding Fathers sought to prohibit. The "Hidden Hand" which sculpts events is inverting constitutional law and betraying Democracy in America to shield Corporations from taxes and other such regulations which may diminish the "profits" of shareholders. In many cases, the Supreme Court Justices who decide the cases have a personal financial investment in the outcome, yet fail to recuse themselves to to "conflict of interest". After The Civil War, corporate lawyers became emboldened about using the theory corporations are "persons", arguing corporations are entitled to the same legal protections accorded to American citizens. The latest affront to Democracy in America has been the Citizens United v. Federal Election Commission(2010) case in which The U.S. Supreme Court held corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment, holding that corporations have a First Amendment right to free speech, overruling two previous Supreme Court decisions. Any educated intellegent person should laugh anytime a "Tea" Party Republican complains about "activist" judges. Meanwhile, the term "corporate social responsibility" has been all but abandoned. The Fact is, Government has to set the agenda for social responsibility by the way of law and regulations which will compell corporations to conduct themselves responsibly. With the increase in public service provisions by private entities, there needs to be an increased political accountability mechanism to be applied to otherwise non-political entities, such as "corporations" , especially when they politicize themselves. A brief investigation of American History will reveal the reckless corruption and greed of "private" corporations, especially after seizing the reigns of government, has caused economic devistation and suffing throughout The United States. But if a "corporation" breaks the law, a corporation can't be thrown in jail. Also, corporations can't vote, although that too may soon change if Republicans have their way.

In Truth, strict interpretation of The U.S. Constitution should reject the doctrine of corporate "personhood" under The 14th Amendment. The fact that it doesn't is just one more of the innumerable examples of Republican hypocrisy.

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