Blog Credo

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

H.L. Mencken

Tuesday, June 28, 2011

It's Enron's World, We Just Pay The Rent

The birth of a corporate attorney.

http://news.yahoo.com/special-report-little-house-secrets-great-plains-113759191.html

In the 19th century, the Supreme Court was hearing a question about railroads.  The clerk of the court, a former railroad attorney, inserted a comment by the Chief Justice.  The comment went something like this, "We are not going to determine whether a corporation is a person for the purpose of 14th Amendment protections, but let's assume for the moment that this is true."

That non-opinion opinion has basically shaped the legal status of corporations in America.  While some of it had its roots in the Marshall court, the real jump came in the first Gilded Age with that inserted comment.

The Court in that era actually said that the 14th Amendment protects corporations more than African Americans.

The result is that an American ethos that values the independence of individuals has been warped to value the independence of corporations.

If I could offer one amendment to the Constitution, it would be to strip corporations of their "personhood".  Limited liability, legal protections, sure.  Personhood?  No.

No comments: