Comments on: Corporate Free Speech? http://www.3sigma.com/corporate-free-speech/ Surfing the brink of chaos Wed, 01 Feb 2012 20:47:53 +0000 hourly 1 http://wordpress.org/?v=3.1.1 By: marc http://www.3sigma.com/corporate-free-speech/comment-page-1/#comment-323 marc Tue, 15 Sep 2009 15:55:10 +0000 http://www.3sigma.com/?p=2302#comment-323 Great background information! I had surmised that the the US Constitution was silent on the issue or corporate personhood because the issue was not salient at the time of its drafting. Things change and the system envisioned by the founders provided means by which to address change. I wish we had a way-back machine that would allow us to watch the founders debate the problem of granting personhood to a legal entity with financial superpowers. What was their intention when they cobbled together a system of checks and balances that were clearly designed to thwart the concentration of disproportionate power? Great background information! I had surmised that the the US Constitution was silent on the issue or corporate personhood because the issue was not salient at the time of its drafting. Things change and the system envisioned by the founders provided means by which to address change. I wish we had a way-back machine that would allow us to watch the founders debate the problem of granting personhood to a legal entity with financial superpowers. What was their intention when they cobbled together a system of checks and balances that were clearly designed to thwart the concentration of disproportionate power?

]]> By: John Dowd http://www.3sigma.com/corporate-free-speech/comment-page-1/#comment-322 John Dowd Fri, 11 Sep 2009 18:10:42 +0000 http://www.3sigma.com/?p=2302#comment-322 In fact the theory of corporate personhood arises out of a decision in the mid 1800 involving railroads and there is evidence to show that even in this decision a 'fix' was on. The case (Santa Clara County v. Southern Pacific Railroad; 1886) is seen as the start of the corporation as person debate. The debate centers principally on whether or not invidual rights as outline in the constitution accrue to corporations (e.g freedom of speech). I believe the federal consitution as drafted in 1788 is silent on the issue of coproations. Thus, under the 10th Amendment, the question is left to the states and traditionally states have chartered corporations. There is little doubt that Jefferson was not sympathetic to corporate interests. "I hope we shall... crush in its birth the aristocracy of our moneyed corporations which dare already to challenge our government in a trial of strength, and bid defiance to the laws of our country." From a letter from Jefferson to a Philadelphia representative to Washington. In fact the theory of corporate personhood arises out of a decision in the mid 1800 involving railroads and there is evidence to show that even in this decision a ‘fix’ was on. The case (Santa Clara County v. Southern Pacific Railroad; 1886) is seen as the start of the corporation as person debate. The debate centers principally on whether or not invidual rights as outline in the constitution accrue to corporations (e.g freedom of speech).

I believe the federal consitution as drafted in 1788 is silent on the issue of coproations. Thus, under the 10th Amendment, the question is left to the states and traditionally states have chartered corporations.

There is little doubt that Jefferson was not sympathetic to corporate interests. “I hope we shall… crush in its birth the aristocracy of our moneyed corporations which dare already to challenge our government in a trial of strength, and bid defiance to the laws of our country.” From a letter from Jefferson to a Philadelphia representative to Washington.

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