Two hundred years of judicial precedent has solidified the claim that a corporation is a person. So strongly is this assertion protected that in the
very first sentence of Title 1, Chapter 1, Section 1 of the United States Code, it is stated, “…the words "person" and "whoever" include
corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals…”. This false analogy is
dangerous and must be curtailed. A corporation is not a person because unlike people they possess only a singular motivation, they cannot be held
accountable for their actions to the measure a person may and the concept is antithetical to the idea of a government of the people, by the people and
for the people.
The conceit that a corporation exists for the singular purpose of maximizing profit has been codified in 1919 by the majority opinion of the Michigan
Supreme Court case in Dodge v Ford Motor Company, in which the opinion states;
A business corporation is organized and carried on primarily for the profit of the stockholders. The powers of the directors are to be employed for
that end. The discretion of directors is to be exercised in the choice of means to attain that end, and does not extend to a change in the end itself,
to the reduction of profits, or to the nondistribution of profits among shareholders in order to devote them to other purposes.
Humans in contrast are motivated not by a singular end but rather by a host of conflicting desires. The philosopher David Hume eloquently
encapsulated the human condition when he wrote, “Reason is, and ought only to be the slave of the passions, and can never pretend to any other
office than to serve and obey them”. Corporations are not slaves to passions. Quite the opposite is true because they possess a Terminator-esque
focus on the almighty profit.
When we are children an important developmental milestone is when we become aware that our actions have consequences. If I hit my little sister, I
will be punished. This is an important lesson as it teaches us that rules for behavior exist within the universe and that we must conform to said
rules or suffer the consequences. Individuals that lack the ability to learn this truth are considered deficient, either as a sociopath or simply
mad. Those consequences in the form of punishment can be varied and tailored to the act of disobedience. One might be sent to their room without
supper, or excommunicated from a community, or forced to endure heavy labor, or sentenced to life in prison, or executed. The multitude of various
punishments is only limited to the collective imagination of the entire human race. But how exactly does one punish a person when that a person
doesn’t exist except as a legal construct? Fines might be levied or the corporation might be dissolved, but it is without question that a
corporation cannot be held to account for its actions to the degree that a human being can.
Ignoring the fact that a corporation cannot “learn” anything, the absence of wide ranging consequences to actions that are deemed socially wrong
prevents a corporation from learning one of the most central concepts that make a person a person. Even if a corporation was magically given an
avatar of flesh and bone, but still possessed the societal traits of the corporation, it would be classified not as a person but rather as some
freakish automaton.
Regardless of the wisdom of considering a corporation as a person, the fact remains that currently a corporation is legally considered a person and
granted all of the rights and privileges that entails. This is not a trivial matter, as the very foundation of our republic is based upon the concept
that the government is an instrument, “of the people, by the people and for the people,” to protect the rights of individuals to “Life, Liberty
and the pursuit of Happiness.” These qualities are alien to a legal construct and it is antithetical to the very idea espoused in the Declaration
of Independence by placing it under the same legal protection as human beings. Thomas Jefferson was so concerned about the rise of an aristocracy of
corporations that he wrote in a letter dated 1816, “I hope we shall crush in its birth the aristocracy of our moneyed corporations which dare
already to challenge our government to a trial of strength and bid defiance to the laws our country”.
A corporation is not a person and it is important that we recognize this fact. The longer we participate in this charade the greater damage we
inflict upon the classically liberal beliefs such a freedom, democracy and the rights of the individual over the tyranny of the majority. The
corporatocracies imagined by William Gibson have the potential to leap from the pages of fiction into reality.