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Reply #19: corporate personhood [View All]

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windoe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-02-07 08:39 PM
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19. corporate personhood
I read about corporate personhood in Howard Zinn's People's History of the United States, from his chapter Robber Barons and Rebels, pg 254:

Very soon after the 14th Amendment became law, the Supreme Court began to demolish it as a protection for blacks, and to develop it as a protection for corporations. However, in 1877, a Supreme Court decision (Munn v. Illinois) approved state laws regulating the prices charged to farmers for the use of grain elevators. The grain elevator company argued it was a person being deprived of property, thus violating the Fourteenth Amendment's declaration "nor shall any State deprive any person of life, liberty, or property without due process of law. " The supreme court disagreed, saying that grain elevators were not simply private property but were invested with "a public interest" and so could be regulated.
One year after that decision, the American Bar Association, organized by lawyers accustomed to serving the wealthy, began a national campaign of education to reverse the Court decision. Its presidents said, at different times: "If trusts are a defensive weapon on property interests against the communistic trend, they are desirable." and: "Monopoly is often a necessity and and advantage."
By 1886, they succeeded. State legislatures, under the pressure of aroused farmers, had passed laws to regulate the rates charged farmers by the railroads. the Supreme Court that year (Wabash v. Illinois) said states could not do this, that this was an intrusion on federal power. That year alone, the Court did away with 230 state laws that had been passed to regulate corporations.
By this time the Supreme Court had accepted the argument that corporations were "persons" and their money was property protected by the due process clause of the Fourteenth Amendment.
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