Was the 14th Amendment about corporations? One of the 1886
judges,
Samuel F. Miller, had not thought so in 1872, only six years after
the Amendment had become law, when the court was "called upon for the
first time to give construction to these articles." In the
Slaughterhouse Cases (83 U.S. 36 (1872)),
Miller delivered the majority opinion and discussed the
Thirteenth Amendment and the
Fifteenth Amendment as well as the Fourteenth as follows:
- The most cursory glance at these articles discloses a unity of
purpose, when taken in connection with the history of the times,
which cannot fail to have an important bearing on any question of
doubt concerning their true meaning. Nor can such doubts, when any
reasonably exist, be safely and rationally solved without a
reference to that history, for in it is found the occasion and the
necessity for recurring again to the great source of power in this
country, the people of the States, for additional guarantees of
human rights, additional powers to the Federal government;
additional restraints upon those of the States. Fortunately, that
history is fresh within the memory of us all, and its leading
features, as they bear upon the matter before us, free from doubt.
- ...
- We repeat, then, in the light of this recapitulation of events,
almost too recent to be called history, but which are familiar to us
all, and on the most casual examination of the language of these
amendments, no one can fail to be impressed with the one pervading
purpose found in them all, lying at the foundation of each, and
without which none of them would have been even suggested; we mean
the freedom of the slave race, the security and firm establishment
of that freedom, and the protection of the newly made freeman and
citizen from the oppressions of those who had formerly exercised
unlimited dominion over him.
(Graham, Howard Jay, Everyman's Constitution, State
Historical Society of Wisconsin, 1968. See also Graham, Howard Jay,
"The
Conspiracy Theory of the Fourteenth Amendment," The Yale Law
Journal, Vol. 47: 341, 1938)
- It has been argued that the men who wrote the 14th Amendment
specifically meant for the word person to be a loophole which you
could drive a giant corporation through. Apparently in one of the
railroad cases an attorney who had been on the committee that
drafted the amendment waved a paper before the court claiming that
it documented such; but the paper was not entered as evidence, nor
apparently was it shown to anyone, nor was it saved. However,
careful research has shown that, John A. Bingham the member of
Congress who is known to have been chiefly responsible for the
phraseology of Section One when it was drafted by the Joint
Committee in 1866, had, during the previous decade and as early as
1856-1859, employed not one but all three of the same clauses and
concepts he later used in Section One. More important still, Bingham
employed these guarantees specifically and in a context which
suggested that free Negroes and
mulattoes rather than corporations and business enterprise
unquestionably were the persons' to which he then referred.
Later, in
Northwestern Nat Life Ins. Co. v. Riggs (203 U.S. 243 (1906)),
having accepted that corporations are a type of people, the court
still ruled that the 14th Amendment was not a bar to many state laws
that effectively limited a corporation's right to contract business as
it pleases.
Two Supreme Court judges,
Hugo Black and
William O. Douglas, later rendered opinions attacking the doctrine
of corporate personhood. Quoted here is the conclusion of Justice
Black's opinion:
- If the people of this nation wish to deprive the states of their
sovereign rights to determine what is a fair and just tax upon
corporations doing a purely local business within their own state
boundaries, there is a way provided by the Constitution to
accomplish this purpose. That way does not lie along the course of
judicial amendment to that fundamental charter. An amendment having
that purpose could be submitted by Congress as provided by the
Constitution. I do not believe that the Fourteenth Amendment had
that purpose, nor that the people believed it had that purpose, nor
that it should be construed as having that purpose.
(Hugo
Black, dissenting,
Connecticut General Life Insurance Company v. Johnson (303
U.S. 77, 1938).)
Justice Black was not alone in his questioning of the legitimacy of
corporate personhood. Justice Douglas, dissenting in
Wheeling Steel Corp. v. Glander (337 U.S. 562,
1949),
gave an opinion similar to, but shorter than, the one quoted above, to
which Justice Black concurred.
http://en.wikipedia.org/wiki/Corporate_personhood
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