The Corporate ‘Person’

The Corporate ‘Person’

Nowhere are corporations mentioned in The Constitution of the United States of America. The Constitution was 32 years old before the Supreme Court even dealt with its first case regarding a private, for-profit corporation (Dartmouth College vs. Woodward, 1819) under the contracts clause of Article I, Section 10 (“No State shall… pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts.”). It was the conservatively activist court of the period following the War Between the States which changed the landscape of corporate law in the United States with a dictum by Chief Justice Morrison Waite in his opinion on Santa Clara County vs. Southern Pacific Railroad (1886) stating that corporations were ‘persons’ as meant by the Equal Protection Clause of the 14th Amendment (… 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.)

READ MORE

The Corporate ‘Person’

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: