Welcome To The Virtual Center For The Study Of The U.S. Constitution With Your Host, Dr. Bill Obrien! 06-04-2013

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Corporate personhood is the legal concept that a corporation may be recognized as an individual in the eyes of the law. This doctrine forms the basis for legal recognition that corporations, as groups of people, may hold and exercise certain rights under the common law and the U.S. Constitution. For example, corporations may contract with other parties and sue or be sued in court in the same way as natural persons or unincorporated associations of persons. The doctrine does not hold that corporations are “people” in the most common usage of the word[clarify], nor does it grant to corporations all of the rights of citizens.”

“Since at least Trustees of Dartmouth College v. Woodward – 17 U.S. 518 (1819), the U.S. Supreme Court has recognized corporations as having the same rights as natural persons to contract and to enforce contracts. In Santa Clara County v. Southern Pacific Railroad – 118 U.S. 394 (1886), the reporter noted in the headnote to the opinion that the Chief Justice began oral argument by stating, “The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does.”[1] While the headnote is not part of the Court’s opinion and thus not precedent, two years later, in Pembina Consolidated Silver Mining Co. v. Pennsylvania – 125 U.S. 181 (1888), the Court clearly affirmed the doctrine, holding, “Under the designation of ‘person’ there is no doubt that a private corporation is included [in the Fourteenth Amendment]. Such corporations are merely associations of individuals united for a special purpose and permitted to do business under a particular name and have a succession of members without dissolution.” [2] This doctrine has been reaffirmed by the Court many times since.”

Join us today from 4-6 pm ET as we continue on our discussion of how the Constitution was crafted, why there is specific wording, and how it’s interpreted today!  Our talks are live and you can join the conversation just by dialing our number!

You may email Dr. O’Brien with questions or comments because interaction and discussion are key components to an education!  Email: waobrien906(at)gmail(dot)com

Also, please go and read about the ACHE ACT. Call your Representatives and ask them to support and sign on to this life saving bill! Together we can make a difference for many generations to come!

That and more in the coming two hours of Conversation Radio!” Join us!

To contact Dr. Bill on our Liberal community line please call (304)658-3333. You might also catch Bill in the Chatroom Find Dr. Bill and all past HORN  family archives as well as other liberal talk hosts at the White Rose Society.

 

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