I’d like to address the question of “corporations are persons.” I know my post, most likely, won’t be popular but bear with me as I share my
opinion on this from a legal and constitutional perspective.
To put things in context let me first address some points about the Constitution. Contrary to what many, erroneously, believe the Constitution
doesn’t ‘grant’ anyone, including American citizens, any rights. The Constitution, in fact, doesn’t even ‘apply’ to people per se — it
applies to the federal government.
People’s rights don’t come from the government or from documents that create governments,
the rights exist independently of government. The
purpose of the Constitution is to establish what the federal government may do to act out it’s governmental duties and prohibit it from infringing
upon or interfering with people’s
preexisting rights. The body of the Constitution says what the government can do and the Bill of Rights
says what the government can’t do.
Knowing this, the Supreme Court hasn’t ruled that corporations
are persons, what it has decided is that the government’s constraints
established in the Constitution apply, as well, when the government deals, or attempts to deal, with private organizations of any kind.
Because, if it didn’t, the government could, arguendo, send the FBI to the offices of any private organization without any reason or legal
justification and seize documents and property. After all, if the Constitution only applied to people, the government didn’t have to respect the
Fourth Amendment in regards to a private organization.
It’s quite obvious we can’t honestly believe that when it comes to private organizations, the constitutional government constraints don’t apply,
as that would be, in my opinion, opposed to the very spirit of the Constitution.
When it comes to First Amendment questions, to me, the answer is straightforward. The Amendment says that “
Congress shall make no law (...)
abridging the freedom of speech, or of the press ...” It doesn’t say the freedom of speech of ‘persons’ or ‘citizens.’
I know people are outraged at the outcome of the decisions of the Supreme Court on this, but it’s not the Court’s job to legislate, only to
interpret the law and make sure the Constitution is being followed. I’m right up there with the people who think that corporate influence of our
political process is harmful to our democracy, but the solution to the problem can’t be to contradict the Constitution.
And let’s not forget that if we say that private organizations, as entities, can’t contribute to political campaigns, although we practically
always think of military/oil/industrial interests, it would mean
all private organizations can’t, and that includes organizations that, for
example, fight for civil liberties and consumer protections. We can’t pick and choose the ‘good’ and ‘bad’ organizations, that would be even
more egregious.
The solution to this problem must be either to pass a Constitutional amendment banning such contributions — which I’m opposed to as it would be,
in my opinion, against the spirit of the Constitution — or to create a public system of campaign finance.
One thing is for sure — and this doesn’t require us from doing any of the things I mentioned above and we can do it right now — we have to make
the disclosure of donors mandatory for everyone participating in the political process be it through campaigns or ads. I don’t think there is any
constitutional grounds to limit the amount of support anyone, individuals or organizations, can give to campaigns but there is no impediment for
making those donors known.
Of course we know that only a very few, if any, of our political actors are interested in passing legislation that would make the playing field more
even and possibly decrease the amount of contributions they receive by disclosing every donor because, let’s not kid ourselves, some interests
benefit from the outright subversion of the process and much of it depends on them staying anonymous.
If anyone has an objection with disclosing the people or organizations who are contributing to, and in effect shaping, our political process, then
maybe these people aren’t necessarily interested in a transparent and well-functioning democracy. But this is the sad reality and realization we
come to, be it on the Democratic or Republican side, the political actors aren’t interested in what’s good for the country and the people,
insomuch as what’s good for them and their team.
edit on 6-11-2010 by aptness because: (no reason given)