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View Diary: If corporations are people (13 comments)

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  •  It'd be great if people actually familiarized ... (1+ / 0-)
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    Justanothernyer

    themselves with the precedent of this subject (it goes back a long way) and understood the reasons for its evolution.  

    "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

    by Neuroptimalian on Thu Dec 05, 2013 at 02:34:19 PM PST

    [ Parent ]

    •  I understand what you are proposing (1+ / 0-)
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      Neuroptimalian

      and don't necessarily disagree. Still, Austin and McConnell were both overruled and the Chief Justice wrote a separate opinion dealing with stare decisis just because of the (albeit narrow) move from treating corporations differently than individuals (i.e., real people) in this particular circumstance.

      Given the rulings below and the plaintiff's previous decision to forego its attack on BCRA Sec. 203, the ultimate decision was a bit of a shock to many Court watchers (myself included). So if you point is that it was somehow a slam dunk for Citizens United given the precedence, I would have to respectfully disagree--although something of the sort was certainly expected by the time the questions presented were expanded and the case reargued.

      In any event, I can't speak for plf515 but I can say that the issue of the relationship between corporations and constitutional amendments is complicated enough for those concerned to be wary of a Court's move to expand those rights. Sure, a corporation may be entitled to "due process" and "privacy," but to what extent, in what circumstances, and through what judicial approach.

      Again, I believe I understand your comment, but also know that being "familiar" with judicial precedence is a good way to become complacent and a target.

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