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View Diary: The Power Of The State: Privacy Rights and Economic Rights (296 comments)

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  •  If you would not treat corporations (none)
    as persons, how would you treat them?
    •  As what they are (4.00)

      mere property.  A corporation is made up of individuals, each with their own ideas, opinions, desires, intentions.  They may not all mesh with what the boardroom wants but tough shit. A corporation isn't a person, it is an artificial construct made up entirely  of property - collectively owned property.  A PERSON has an opinion, a corporation has as many opinions as people who work for it.

      Since the Framer's did not include Corporations in the Constitution, they do not get the Constitutional protections of actual people.  That is the most basic and defensible form of "originalism" that can be.  Rights belong to PEOPLE, not artificial constructs.

      "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." --9th Amendment

      by praedor on Thu Nov 03, 2005 at 11:35:56 AM PST

      [ Parent ]

      •  Exactly.... (none)

        The bill of rights applies to PEOPLE, not to fictitious entities.

        In particular, with limited liability, corporations currently have rights, but not responsibilities. They can lie, cheat, steal, give out all their money in dividends, and then close up shop when someone asks them to clean up some of their pollution. Look in Montana for a good example of some hugely polluted mines that were just abandoned after all the minerals had been extracted, and all the money was transfered to the shareholders. Then the shell of a corporation just declared bankruptcy when Montanna asked them to clean up a little bit.

        I could see a Corporation getting actual rights if an actual shareholders were willing to take its liabilities. If someone is willing to go to jail for negligent homicide when the corp's products kill someone (just like a person would if they killed someone through their own stupidity or carelessness), then I could see a corp also inheriting the rights of that person.

        As long as limited liability remains in place though, it is incredibly destructive to indulge this fiction of corporate rights. Have one, or the other, but never both.

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