JoeMemphis wrote: ↑Mon Jan 03, 2022 7:00 pm
I’m not sure how this all relates to a document error without knowing the document or error. Not saying you are wrong. Just saying it’s hard to know without context.
The thing I always ask when this comes up is what individual rights do you think corporations have that they shouldn’t have and why? I know the term “corporate personhood” but that means different things to different people. It’s a conversation about “individual” rights being extended to an organization. I’m just curious which rights should be limited or taken away.
There are those who claim this headnote “ The Court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution which forbids a state to deny to any person within its jurisdiction the equal protection of the laws applies to these corporations. We are all of opinion that it does. " in the case “ Santa Clara County v. Southern Pacific R. Co., 118 U.S. 394 (1886)” is the reason there is corporate personhood. The headnote (AKA Syllabus) is not part of the decision but has been cited in subsequent corporate personhood cases. Few of those who raise this issue understand the corporate personhood was a well established principle and at issue in the Santa Clara case was was did the 14th amendment apply to already established corporate personhood.
This is what preceded The Santa Clara case.
“ Wayne’s assertion about Marshall’s ideas on this matter in Letson are confirmed by a private letter from Justice Story to
James Kent, celebrating the 1844 decision. Justice Story wrote:
I equally rejoice, that the Supreme Court has at last come to the conclusion, that a corporation is a citizen, an artificial cit‐ izen, I agree, but still a citizen. It gets rid of a great anomaly in our jurisprudence. This was always [Justice Bushrod] Washington’s opinion. I have held the same opinion for many years, and Mr. Chief Justice Marshall had, before his death, arrived at the conclusion, that our early decisions
were very wrong.
Marshall may have considered his early opinions on the stand‐
ing of corporations in federal court such as Deveaux to be wrong, but on the whole his jurisprudence consistently defended corpo‐ rate persons’ rights. His statement about corporations not being citizens in Deveaux was qualified by a proviso, and was followed ten years later by a strong assertion that corporations were per‐ sons in Dartmouth College. Marshall was a great supporter, at the
end of the day, of corporate persons and their rights.”
http://www.harvard-jlpp.com/wp-content/ ... _FINAL.pdf