Removing corporate personhood

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hudnut19
hudnut19's picture

Has there been any serious supreme court challenges to remove corporate personhood under the law directly? 

I think since corporations as "persons" was basically set by legal precedent.  Challenging this would have to be done much in the same way the Civil Rights Movement attacked systemic racism by a series of concerted court cases and supreme court cases.  The problem has to be attacked at the roots.  If you simply try and pass more legislation Corporate lobbyists can either get it shot down, watered-down, or have get the teeth to enforce it removed.

The multi-nationals have the legal resources, and the money to buy off every member or congress plus mount a PR campaign to get a lot of not-so-bright Americans on their side.   Also a challenge to corporate personhood is questionable if it can pass a supremem court with activist judges.  Would such a movement have to wait until the Supreme court was made up of members who saw their job as intrepreting the original intent of the constitution only? 

But as long as they are treated as "persons" under the law.  Shouldn't we at least attack the legal double-standard??  Meaning if corporations ARE, "persons" they should be held just as accountable and be able to be jailed (everyone, the CEO, the BOD), have their assests ceased (like drug dealers), have fines imposed that actually change their behavior and are not just factored in as a "cost of doing business." I could go on but the point is as long as the law regards them as persons they should get treated as persons and not be given the room to disavow responsibility by in-essence saying things like, "I didn't do it...the company did." 

If they need to be tried under RICO law or some other law that applies to criminal organizations so be it.

Comments

DanRad
Get the Supreme Court to rule

Get the Supreme Court to rule that Corporations can Vote.  This morning Thom was debating about this.  My idea would be to try and create another law suit attempting to get the Supreme Court rule against a case as follows;  Since they have said that corporations (and unions) have the same rights as if they were "persons", then we should create a corporation that will sue for the right to vote, or adopt children, or marry another person.  If a corporation or union has the same rights as a person to free speech, then what about other guaranteed rights?  Can they pick and choose?

Another challenge might be to create a corporation of mainly non US citizens, have it make donations to PACs or whatever, and then sue them since, as non US citizens, they don't have the same rights as US citizens under the 14th amendment. 

 

Any thought on this from people who know more about these things than I do?

 

Dan Rad

ah2
This is partially why I have

This is partially why I have been making the argument I have been in this thread:

http://www.thomhartmann.com/forum/2011/08/where-corporations-birth-certificate

If you give corporations the full consequences of their personhood status, it will no longer be in their best interest to use their cronies in the government to maintain it.  If you call the Supreme Court on their hypocracy and follow their rationale to its end conclusion, they would either have to start "throwing corporations in prison" or elminate corporate personhood altogether.

Short of that, this is going to require a Constitutional Amendment or 100 years of litigation to overturn. 

JeffGarrison
JeffGarrison's picture
I suggest that you would be

I suggest that you would be interested in a current debate in law schools: Critical Race Theory.
Jeff G.