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All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
As a matter of interpretation of the word "person" in the Fourteenth Amendment, U.S. courts have extended certain constitutional protections to corporations. Opponents of corporate personhood seek to amend the U.S. Constitution to limit these rights to those provided by state law and state constitutions.
The basis for allowing corporations to assert protection under the U.S. Constitution is that they are organizations of people, and the people should not be deprived of their constitutional rights when they act collectively. In this view, treating corporations as "persons" is a convenient legal fiction which allows corporations to sue and to be sued, provides a single entity for easier taxation and regulation, simplifies complex transactions which would otherwise involve, in the case of large corporations, thousands of people, and protects the individual rights of the shareholders as well as the right of association.
Generally, corporations are not able to claim constitutional protections which would not otherwise be available to persons acting as a group. For example, the Supreme Court has not recognized a Fifth Amendment right against self-incrimination for a corporation, since the right can be exercised only on an individual basis. In United States v. Sourapas and Crest Beverage Company, "[a]ppellants [suggested] the use of the word "taxpayer" several times in the regulations requires the fifth-amendment self-incrimination warning be given to a corporation." The Court did not agree.
Since the Supreme Court's ruling in Citizens United v. Federal Election Commission in 2010, upholding the rights of corporations to make political expenditures under the First Amendment, there have been several calls for a U.S. Constitutional amendment to abolish Corporate Personhood, even though the Citizens United majority opinion makes no reference to corporate personhood or to the Fourteenth Amendment.
reply to post by buster2010
This case is not about self-incrimination.
What else can I say?
reply to post by buster2010
But if corporations are to have equal protection as a personhood for purposes of campaign contributions, then that equal protection must be a two way street. Otherwise it is the establishment of a noble class which is unconstitutional. There is no separate but equal clause.
Of course if the Federal Government doesn't want to acknowledge it, the States under the 14th sure as heck can and turn the individual mandate back on the Federal Government for reconsideration. But then again, the EO for the corporations didn't mention anything about waiving fines for non-compliance with ACA.