Skip to content

JOHN HUMINS: Undoing a Myth: Corporations are People and have Constitutional Rights in Elections

Undoing a Myth: Corporations are People and have Constitutional Rights in Elections:


Americans are led to believe that corporations have legal standing drawn directly from the law of the land.  Contrary to common belief, corporations are not mentioned in the U.S. Constitution.  That”s right, the word “corporation” is not found in the original document which our Founding Fathers put forth in 1787 to guide the future of the newly created United States.

Corporations existed back then. They, however, were largely holdovers from British colonial days and were viewed skeptically by many of the Founding Fathers.  American corporations obtained their charters from the states, not from the Federal government. Their early legal rights facilitated their commercial activities and provided them legal protections.

Federal court decisions in the post-Civil War era, however, enhanced the legal standing of corporations – often to the detriment of laborers and common citizens. No decision had a greater impact than the misconstrued tax case, Santa Clara County v Southern Pacific Railroad of 1886, which curiously gave corporations the status as ‘persons” before the law.  The Supreme Court had not ruled on the elevated status of personhood to corporations, even though some had hoped to grant such a status based upon the 14th Amendment. This amendment, like the 13th and 15th amendments, was meant to grant and protect the freedoms of former slaves. The justices, however, saw no direct connection between the 14th amendment and the corporations, but they did offer an “opinion” that corporations should be considered as “persons” before the law. The court reporter, in turn, inserted into the heading for the case”s published record the “opinion” that corporations should have status as persons in the eyes of the law.  

Coupled with a “laissez faire” policy of the Federal government, corporations parlayed their new legal status into monopolistic domination of the American economy by the late 1800s.  It is not a coincident that during the era of the “Robber Barons,” corporations gained legal status as a person, even though the legal basis in the Santa Clara opinion was flimsy, at best.  Corporate abuses and monopolistic activities created a huge backlash, which energized the Progressive reform movement of the early 20th Century.  President Theodore Roosevelt and Progressive leaders from both political parties passed legislation attempting to corral the worst abuses of corporations.  Among them was legislation in 1907 which limited corporate influence in Federal elections.

 Recently, however, the US Supreme Court, in a highly contentious decision, legitimized the right of corporations to advocate their political views in the electoral process.  That decision, based upon the freedom of speech proviso in the First Amendment, which when combined with the ability of corporations to dominate the electoral process with its money and lobbyists, makes for an unhealthy concentration of influence and power, which many fear will dilute, if not corrupt, the most important civil right of American citizens.

                                                                            – 2 –

Quite curiously, the US Supreme Court jurist with an “originalist” view of the Constitution voted with the majority to grant enhanced free speech rights to corporations, despite the absence of mentioning corporations in the Constitution. Moreover, the court”s decision dismissed over one hundred years of legislation and legal precedent banning corporations from using their power to dominate the electoral process.  So much for ‘judicial restraint” on the part of other conservative jurists, whose votes represented one of the most radical departures from legal precedent and common sense.  Ideology, however, prevailed and the power of corporations was grossly enhanced.

What is most curious, the Supreme Court in its January 2010 decision determined – in a controversial  5-4 vote – that corporations, along with unions, have first amendment rights to advocate publicly for their preferred candidates and policies.  Equating corporations to citizens misconstrues their constitutional standing. Corporations do not have responsibility to promote the general welfare.  They are solely responsible to their shareholders.  And corporate leaders have constantly reminded the American people of that arrangement. In fact, shareholders in the age of the global economy may or may not be citizens of the US. By giving corporations first Amendment rights to be involved in the electoral process, we are giving shareholders, who may not be citizens, rights equal to, if not greater than those of real citizens. In addition, foreign multinational corporations would have similar free speech rights.  Is this what the Supreme Court intended? Does the US Constitution provide legal standing to such corporate power? The answer is plain and simple: NO!

It is an oxymoron to think of a corporation as a person.  Corporations are legal artifices; a person is a “natural” being who has been bestowed constitutional rights and responsibilities.  Corporations have many citizens in its employ who have said constitutional rights. To grant corporations rights as persons means that the persons who constitute the corporations now have double rights and representation. 

To address this legal anomaly, and to nullify the radical decision by the US Supreme Court, it is proposed that the American people consider and vote for the 28th Amendment to the US Constitution. It is recommended that this amendment  include the following provisions in order to blunt the power of corporations, to remove the rule of money from Federal elections and to return electoral prominence to the citizens of the United States.

The 28th Amendment to the US Constitution: Ending Outside Influences in the Federal Electoral Process

-Since only citizens have the right to vote, then only registered voters may participate in the Federal electoral process; the electoral process includes primaries, the election itself, and run-offs.

-Recognizing that voters may only vote in the state and congressional district of their primary residence, each voter may only make monetary contributions to a US senatorial candidate in the state of their residence state and to a congressional candidate in the election for the representative to the US House of Representatives in their home congressional district; no citizen may contribute monetary to candidates in Federal elections in any of the other 49 states, other than their own; moreover, no entities, such as corporations, unions, political action committees, lobbyists, advocacy groups, bundlers  may make monetary donations to any duly elected Federal political officials, before or after their election;

-To assure that each citizen will have equal status in the electoral process, each citizen, who is eligible to vote, may contribute no more than $1,000 (one thousand dollars) in a presidential election, the same amount to a US Senate candidate in the state of their primary residence, and the same amount to a candidate for the US House of Representative in the congressional  district of their primary residence; no person other than eligible voters may contribute money to any candidate for President or for the US Senate and House of Representatives; and the amount contributed in the presidential, US senatorial and US congressional  elections by said eligible voters  shall be tax deductible;

-Whereas, the President of the US is constitutionally limited to two terms (or eight years) of service, US Senators will be limited to two terms (or twelve years) of service, and US Congressman/woman will be limited to six terms (or 12 years) of service;

-Since there will be a need to enforce said provisions of this amendment, Congress shall make laws to enforce the terms of this amendment.

-And it is hoped that states will make similar restrictions to voting rights, political contributions and term limits in state elections.

Respectively, John Humins   3/30/10

Dr. John Humins is a US Army Vietnam era veteran with a PhD in History from Michigan State University.

View the original article at Veterans Today

Related Posts with Thumbnails

Posted in Analysis & Review.

Tagged with , .

0 Responses

Stay in touch with the conversation, subscribe to the RSS feed for comments on this post.

Some HTML is OK

or, reply to this post via trackback.

Support #altnews & keep Dark Politricks alive

Remember I told you over 5 years ago that they would be trying to shut down sites and YouTube channels that are not promoting the "Official" view. Well it's all happening now big time. Peoples Channels get no money from YouTube any more and Google is being fishy with their AdSense giving money for some clicks but not others. The time is here, it's not "Obama's Internet Cut Off Switch" it's "Trumps Sell Everyones Internet Dirty Laundry Garage Sale". This site must be on some list at GCHQ/NSA as my AdSense revenue which I rely on has gone down by a third. Either people are not helping out by visiting sponsors sanymore or I am being blackballed like many YouTube sites.

It's not just Google/YouTube defunding altenative chanels (mine was shut), but Facebook is also removing content, shutting pages, profiles and groups and removing funds from #altnews that way as well. I was recently kicked off FB and had a page "unpublished" with no reason given. If you don't know already all Facebooks Private Messages and Secret Groups are still analysed and checked for words related to drugs, sex, war etc against their own TOS. Personally I know there are undercover Irish police moving from group to group cloning peoples accounts and getting people booted. Worse than that I know some people in prison now for the content they had on their "secret private group". Use Telegrams secret chat mode to chat on, or if you prefer Wickr. If you really need to, buy a dumb phone with nothing for the NSA/GCHQ to hack into. Ensure it has no GPS tracking on it and that the battery can be removed. These are usually built for old people to get used to technology storing only a set of numbers to call. However they have no games, applications to install or other ways people can exploit the computer tracking device you carry round with you most of the day - your smart phone. If you are paranoid ensure that you can remove the battery when travelling around and do so to prevent GPS tracking or phone mast triangulation. Even with your phone in Flight mode or turned off, it can be turned on remotely and any features like front or back cameras, microphones and keylogging software can be installed to trace you.

So if your not supporting this site already which brings you news from the Left to the Right (really the same war mongering rubbish) then I could REALLY do with some..

Even if it's just £5 or tick the monthly subscription box and throw a few pound my way each month, it will be much appreciated. Read on to find out why.


Any support to keep this site would be appreciated. You could set up a monthly subscription for £2 like some people do or you could pay a one off donation as a gift.
I am not asking you to pay me for other people's articles, this is a clearing house as well as place to put my own views out into the world. I am asking for help to write more articles like my recent false flag gas attack to get WWIII started in Syria, and Trump away from Putin. Hopefully a few missiles won't mean a WikiLeaks release of that infamous video Trump apparently made in a Russian bedroom with Prostitutes. Also please note that this article was written just an hour after the papers came out, and I always come back and update them.

If you want to read JUST my own articles then use the top menu I have written hundreds of articles for this site and I host numerous amounts of material that has seen me the victim of hacks, DOS plus I have been kicked off multiple hosting companies, free blogging sites, and I have even had threats to cease and desist from the US armed forces. Therefore I have to pay for my own server which is NOT cheap. The more people who read these article on this site the more it costs me so some support would be much appreciated.

I have backups of removed reports shown, then taken down after pressure, that show collusion between nations and the media. I have the full redacted 28/29 pages from the 9.11 commission on the site which seems to have been forgotten about as we help Saudi Arabia bomb Yemeni kids hiding in the rubble with white phosphorus, an illegal weaapon. One that the Israeli's even used when they bombed the UN compound in Gaza during Operation Cast Lead. We complain about Syrian troops (US Controlled ISIS) using chemical weapons to kill "beautiful babies". I suppose all those babies we kill in Iraq, Yemen, Somalia and Syria are just not beautiful enough for Trumps beautiful baby ratio. Plus we kill about 100 times as many as ISIS or the Syrian army have managed by a factor of about 1000 to 1.

I also have a backup of the FOX News series that looked into Israeli connections to 9.11. Obviously FOX removed that as soon as AIPAC, ADL and the rest of the Hasbra brigade protested.

I also have a copy of the the original Liberal Democrats Freedom Bill which was quickly and quietly removed from their site once they enacted and replaced with some watered down rubbish instead once they got into power. No change to police tactics, protesting or our unfair extradition treaty with the USA but we did get a stop to being clamped on private land instead of the mny great ideas in the original.

So ANY support to keep this site running would be much appreciated! I don't have much money after leaving my job and it is a choice between shutting the server or selling the domain or paying a lot of money just so I can show this material.

Material like the FSB Bombings that put Putin in power or the Google no 1 spot when you search for protecting yourself from UK Police with "how to give a no comment interview". If you see any adverts that interest you then please visit them as it helps me without you even needing to give me any money. A few clicks per visit is all it takes to help keep the servers running and tag any tweets with alternative news from the mainstream with the #altnews hashtag I created to keep it alive!

However if you don't want to use the very obvious and cost free ways (to you) to help the site and keep me writing for it then please consider making a small donation. Especially if you have a few quid sitting in your PayPal account doing nothing useful. Why not do a monthly subscription for less money instead. Will you really notice £5 a month?