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• #Equal protection clause of the 14th amendment full

Conk­ling helped draft the 14th Amend­ment. Senator Roscoe Conk­ling to thank for the exten­sion of Equal Protec­tion to corpor­a­tions.

#Equal protection clause of the 14th amendment full

The 14th Amend­ment, adop­ted after the Civil War in 1868 to grant eman­cip­ated slaves full citizen­ship, states, “No state shall … deprive any person of life, liberty, or prop­erty without due process of law, nor deny to any person … the equal protec­tion of the laws.” The first big leap in corpor­ate person­hood from mere prop­erty rights to more expans­ive rights was a claim that the Equal Protec­tion Clause applied to corpor­a­tions. Consti­tu­tion never mentions corpor­a­tions, corpor­ate person­hood has been slither­ing around Amer­ican law for a very long time. As lawyer David Gans has docu­mented, despite the fact that the U.S.

Colber­t’s verbal tick of saying that Citizens United gran­ted corpor­ate person­hood is a tad mislead­ing.Ĭitizens United did not grant corpor­a­tions person­hood. Stephen Colbert got a well deserved Peabody Award for his work educat­ing the public about campaign finance laws with his lawyer Trevor Potter. If you’re a fan of the Colbert Report, “corpor­ate person­hood” might sound famil­iar. As Professor Eliza­beth Poll­man explains when it comes to Consti­tu­tional rights for corpor­a­tions there is a hodge­podge: “corpor­a­tions enjoy Fourth Amend­ment safe­guards against unreas­on­able regu­lat­ory searches, but do not have a Fifth Amend­ment priv­ilege against self-incrim­in­a­tion.” But of course some human rights make no sense for a corpor­a­tion, like the right to marry, to parent a child, or to vote. Gener­ally, corpor­ate person­hood allows compan­ies to hold prop­erty, enter contracts, and to sue and be sued just like a human being. It all goes back to a legal fiction known as corpor­ate person­hood. How we got to the point where a for-profit corpor­a­tion – not a church mind you – can lay claim to reli­gious rights is a bit complic­ated. Hobby Lobby Stores, the Supreme Court has to choose whether to extend the logic of 2010’s Citizens United to allow a corpor­a­tion to make a reli­gious objec­tion to a gener­ally applic­able law. But McCutcheon is not the only case that gives the Supreme Court chance to expand Citizens United’s reach this term. FEC, handed down last Wednes­day, the Supreme Court built on the preced­ent of Citizens United by inval­id­at­ing the federal aggreg­ate contri­bu­tion limit for indi­vidu­als. Advance Constitutional Change Show / hide.National Task Force on Democracy Reform & the Rule of Law.Government Targeting of Minority Communities Show / hide.

Campaign Finance in the Courts Show / hide.Gerrymandering & Fair Representation Show / hide.Ensure Every American Can Vote Show / hide.