09.23.09

Supreme Court, Do The Right Thing

Posted in Legal Issues at 04:48 by lnxwalt

Editorial – The Rights of Corporations – NYTimes.com

The question at the heart of one of the biggest Supreme Court cases this year is simple: What constitutional rights should corporations have? To us, as well as many legal scholars, former justices and, indeed, drafters of the Constitution, the answer is that their rights should be quite limited — far less than those of people.

This Supreme Court, the John Roberts court, seems to be having trouble with that. It has been on a campaign to increase corporations’ legal rights — based on the conviction of some conservative justices that businesses are, at least legally, not much different than people.

Surprisingly, I fully agree. In fact, I don’t believe the Constitution supports much of any political activity by corporations. Now, I have to say that I’m not talking about saying that the “cap-and-trade” plan to reduce carbon dioxide releases is going to hurt your business. I’m talking about involving corporate entities in campaigns, including funding them. I’m talking about lobbying, where a corporation and its corresponding union each have a greater influence in the halls of Congress than their mutual members do.

I hope the Supreme Court makes its choice based on the Constitution, rather than someone’s political orientation. Because the power and influence of corporations is one of the biggest things threatening our nation, and ignoring the Constitution in order to give them more power is just going to be that much more dangerous.

I also agree that the “conservatives” who claim to support the Constitution’s original intent have the opportunity to prove it now. Ceding control of the government to corporations (whether unions, businesses, or political action committees) is bad for the individuals and small businesses (SLOBs) and unincorporated charitable groups who do all the work of making this country run. It violates the Constitution and it is bad for the country. I urge the Supremes to do the right thing and reinforce the limits on political activities by corporations of any kind. For once, I agree with the NY Times. I hope that doesn’t mean my brain is about to rot.

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