posted on Nov, 16 2011 @ 09:09 AM
Originally posted by soaringhawk
reply to post by Maxmars
A corporation is not a person.
...Most people have a general idea what corporations are. Some may even know that, for most of U.S. history, corporations have been considered
"artificial persons." The concept isn't as nutty as it sounds. From a legal standpoint, corporations can do many of the same things that natural
persons do--buy and sell property, hire and fire, sue and be sued, and so on.
What most people don't know is that after the above-mentioned 1886 decision, artificial persons were held to have exactly the same legal rights as we
natural folk. (Not to mention the clear advantages corporations enjoy: they can be in several places at once, for instance, and at least in theory
they're immortal.) Up until the New Deal, many laws regulating corporations were struck down under the "equal protection" clause of the 14th
Amendment--in fact, that clause was invoked far more often on behalf of corporations than former slaves. Although the doctrine of personhood has been
weakened since, even now lawyers argue that an attempt to sue a corporation for lying is an unconstitutional infringement on its First Amendment right
to free speech.
Upon hearing a case involving the objections of a railroad company (Santa Clara County v. Southern Pacific Railroad Company
) about being taxed
by a different standard than other people... the judge made an 'ex-parte' comment. Such comments are meant to add color and expand explanations, but
do not constitute law - they are "off-the-cuff" and are not
part of the legal decision. EXCEPT in this case - the court clerk (J.C. Bancroft
Davis) recorded the comment he made in the header of the case record, rendering it for all legal intents and purposes a precedent. (It bears noting
that the clerk, Mr. Bancroft Davis, was also a former rail road company president.)
Since that time, the corporate world has propped up and reiterated the precedent over and over - as if to reinforce the accidental migration of
'artificial person' to have equivalent rights as a 'natural person.'
Yes Virginia, corporations are people. They can own things, sue people, have a nationality (when it suits them) or not (again, when it suits them)
and most importantly - they have personal sovereignty which is more cherished by authorities and thus more protected than our own.... after all they
limit liability so it's the perfect guise for commerce.
edit on 16-11-2011 by Maxmars because: (no reason given)