In Her First Appearance Sotomayor Attacks Notion That Corporations Have Rights

Liberals are no doubt cheering, but those concerned with the existence of freedom and free markets ought to be disappointed.

WASHINGTON — In her maiden Supreme Court appearance last week, Justice Sonia Sotomayor made a provocative comment that probed the foundations of corporate law.
During arguments in a campaign-finance case, the court’s majority conservatives seemed persuaded that corporations have broad First Amendment rights and that recent precedents upholding limits on corporate political spending should be overruled.
But Justice Sotomayor suggested the majority might have it all wrong — and that instead the court should reconsider the 19th century rulings that first afforded corporations the same rights flesh-and-blood people have.
Judges “created corporations as persons, gave birth to corporations as persons,” she said. “There could be an argument made that that was the court’s error to start with…[imbuing] a creature of state law with human characteristics.”
After a confirmation process that revealed little of her legal philosophy, the remark offered an early hint of the direction Justice Sotomayor might want to take the court.
“Progressives who think that corporations already have an unduly large influence on policy in the United States have to feel reassured that this was one of [her] first questions,” said Douglas Kendall, president of the liberal Constitutional Accountability Center.

I’ve always felt that corporations are people. Because people create corporations. People manage corporations. Corporations represent the combined interests of a group of people. And so of course corporations have rights. They are imbued with the same rights the people who create them and manage them and hold stock in them have.
Really, corporations are no different than political parties or activist groups like MoveOn.org or labor unions in that they are simply people working together for a common purpose. But I’m guessing that Justice Sotomayor doesn’t feel that way. I’m guessing that she sees no problem in the SEIU having rights, but not Exxon.
Because that’s, uh, different.

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  • http://Array robert108

    The word “corporation” comes from the Latin corpore, meaning “body”. It is specifically meant to give human life to a business. Sotomayor is ignorant of reality, and is doing nothing more than playing leftie Marxist politics.

  • Lioncourt

    Corporations are not people. It is a legal fiction created in the late 19th century to allow the railroad companies to avoid regulations by states.

    Really, corporations are no different than political parties or activist groups like MoveOn.org or labor unions in that they are simply people working together for a common purpose.

    Those groups aren’t people either.

    By saying that corporations are not people does not mean they have no rights, it would mean that they don’t have human rights and states could codify their rights in the law.

    This is judicial activism.

  • robert108

    LC: Another false equivalence from you. Again, look up the definition and origin of the word “corporation”. Educate yourself.
    Corporations in this country were specifically created to put big business under the control of the govt. The huge private sector trusts were becoming more powerful than the federal govt, and govt can’t stand any competition, Obama’s lies about a “public option” notwithstanding.
    The Sherman AntiTrust Act, which specifically exempted labor unions(thus your false equivalence), took the power back from the private sector, in exchange for two perks: Limited liability(just like a person), and a lower tax rate than an individual business owner would pay. It allowed the corporation to pay its executives and shareholders a taxable income(just like an individual employer) which reduced tax liability for the owners of the corporation, vs what it would have been under single proprietorship.
    Legally, and through design of the federal govt, corporations are people, insofar as the tax codes and regulations are concerned.
    On the other hand, a corporation can’t really have a Twitter page.

  • http://magyartruth.blogspot.com/ Chief RZ

    Then animals and bugs, trees, turtles do not either, neither do countries.

    Our rights derive from our creator, not government.

  • Bat One

    Fortunately for those of us who cherish our personal freedom more than we do a federal tether, Sotomayor’s influence and tenure on the Court are unlikely to extend beyond those of Chief Roberts.

  • Lioncourt

    Just because the people who formed corporations meant to give human live to the business does not mean that is what the founders intended or the people who wrote the 14th amendment or that it is good public policy.

    You can give corporations limited liability and tax breaks without giving them human rights.

  • Bat One

    Lioncourt,

    Are you suggesting that the intent of the Founders, or the intent of 14′s author(s) and the Congress and state legislatures that passed it, are of equal importance to questions of “good public policy” today, whatever the hell that is?

  • robert108

    Just because the people who formed corporations…

    It was the federal govt that invented the American corporations, idiot! Educate yourself.

  • Lioncourt

    Are you suggesting that the intent of the Founders, or the intent of 14′s author(s) and the Congress and state legislatures that passed it, are of equal importance to questions of “good public policy” today, whatever the hell that is?

    No, I think it clearly wasn’t what the founders or the authors of the fourteenth intended. I think this right was created by a judge who was bought off. It was bad public policy than and it is now. Unless you believe in a living constitution than corporations are clearly not people.

    It was the federal govt that invented the American corporations, idiot! Educate yourself.

    Until you have a serious conversation don’t bother me. Corporations are creations of state law, not federal and than, just as now, the laws are written by special interest.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    Actually, incorporation goes back to Roman times, and hence Sotomayor is showing that she not only lacks respect for stare decisis, but also has little knowledge of history. As 108 notes, it is the process by which a business of association acquires the right (ahem, inJustice Sotomayor) to appear in court, have property, and so on.

    http://en.wikipedia.org/wiki/Corporation

    So to argue that corporations do not have rights like people do is really to deny the very nature of the corporation, and the laws which established and protected them.

  • Bat One

    No, I think it clearly wasn’t what the founders or the authors of the fourteenth intended.

    Please read the question again. I didn’t ask for a gratuitous assessment of either the Founders’ intent or that of the 14th’s author. My point was to confirm your intimation that those two considerations should be given equal weight to questions of “good public policy.”

  • robert108

    BB: American corporations are not the same as those from Euro history; it’s the same word, but it means something different.
    Commies like Sotomayor, either through ignorance or by design, willfully conflate the two, in order to attack our prosperity.

  • robert108

    Bat: I do find it amusing when the big govt types attack American corporations, though, since they are essentially lapdogs of the central govt. American corporations were formed for the specific purpose of draining power from private sector business. Of course, none of the demonizations of the left have any real content. They’re solely for the purpose of obtaining more power at the expense of the freedom of the American people.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    108, granted that European and Roman corporations were not identical to those today, but the principle of incorporation really remains the same. it’s a legal “human” with rights. As Sotomayor denies this, it shows how badly our judicial vetting process is going.

  • robert108

    BB: Agreed, although my point is that American corporations, which are beholden to the federal govt, are being demonized with a false equivalence to the older forms of incorporation.
    What would lefties do without all their false equivalences?

  • Lioncourt

    Are you suggesting that the intent of the Founders, or the intent of 14′s author(s) and the Congress and state legislatures that passed it, are of equal importance to questions of “good public policy” today, whatever the hell that is?

    They are not equal, but you must have some justification for giving corporations the same constitutional rights as natural persons other than a judge who was bought off in the 19th century.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    LC, the treating of corporations with rights common to citizens dates back to the Caesars. Whether or not a judge was bribed (absent evidence, I doubt it, ahem), it’s an ancient principle.

  • robert108

    LC continues to ignore the reality that American corporations are creations of the federal govt, and have always been subjected to federal oversight. Corporations in this country are toadies of the federal govt, and are subjects, like a person, but are not free, like regular citizens should be.
    Sotomayor is simply demonstrating her ignorance of both economics and history.
    Of course, contracts mean nothing to the lefties.

  • Bat One

    They are not equal, but you must have some justification for giving corporations the same constitutional rights as natural persons other than a judge who was bought off in the 19th century

    Please stop trying to change the subject. You ought to be shrewd enough to understand that I’m going someplace with this discussion, and doing so carefully and concisely. You may be the only Lefty here capable of having this conversation. Don’t blow it with partisan nonsense about judges being “bought off”… a point which is irrelevant even if you could prove it.

    Now, presumably then, you would agree that corporations are not “endowed by their Creator with certain unalienable rights” as are humans, correct?

  • Lioncourt

    Now, presumably then, you would agree that corporations are not “endowed by their Creator with certain unalienable rights” as are humans, correct?

    No they are not. Their rights come from what we give them. And rights might be the wrong word because they can be taken away at any time if we so decide.

  • robert108

    Of course, LC lies in trying to make the ridiculous claim about “the same constitutional rights”, when he should know that corporations only have limited rights in that area. If you really don’t know this, LC, just read up on articles of incorporation. In other words, before you open your mouth, read up on what you are talking about.

  • Lioncourt

    Of course, LC lies in trying to make the ridiculous claim about “the same constitutional rights”, when he should know that corporations only have limited rights in that area.

    Dude, you are out of your depth. This whole issue is about whether corporations have constitutional. That is the only issue Sotomayor is addressing.

  • robert108

    LC: You lie again! Corporations have limited human economic rights, not general human rights.

    Again, study some economic history and read up on articles of incorporation. Sotomayor is wrong; she’s just trying to implement her leftie agenda through the courts, as is the usual tactic of lefties to impose their unAmerican crap.

  • robert108

    BTW, Rob’s healine is wrong; it’s not a “notion” that corporations have rights, as has already been thoroughly explained by several people here.

  • Lioncourt

    LC: You lie again! Corporations have limited human economic rights, not general human rights.
    Again, study some economic history and read up on articles of incorporation. Sotomayor is wrong; she’s just trying to implement her leftie agenda through the courts, as is the usual tactic of lefties to impose their unAmerican crap.

    The issue here is whether corporations have First Amendment rights. Unless the First Amendment is a limited economic right than you don’t know what you are talking about

  • Bat One

    Their rights come from what we give them. And rights might be the wrong word because they can be taken away at any time if we so decide.

    Excellent! The word “rights” is one of the two most misunderstood and misused words in our entire political lexicon. (The other, of course, is “fair” or “fairness”… a thoroughly, despicably misused word!)

    Government too does not have “rights.” Not federal, state, or municipal. The President has no more “rights” than any of the rest of us, nor does the Speaker of the House of Representatives, though I suspect that neither Obama nor Pelosi would agree.

    But if “rights” is not the correct word, and real rights are only possessed by real humans, what is the proper mechanism by which to endow corporations with the authorities (?) we deem appropriate?

    Notice I said “we”… just as you did above. Since this is a political decision, not a constitutional one, then the proper forum for the decision can only be legislative. That is, after all, how we make our political decisions. It should be up to state legislatures, and Congress, to decide what authorities we confer on our corporate citizens, and not a matter to be summarily decided by judges or jurists.

    How we doin’ so far?

  • robert108

    The issue here is whether corporations have First Amendment rights.

    Now you’re showing your idiocy again, LC! Every American has First Amendment rights. But, please explain how corporations either speak or worship.
    When you’re in a hole, stop digging!
    You can try to change the subject all you want, but the truth will nail you every time.

  • Lioncourt

    But, please explain how corporations either speak or worship.

    They speak through monetary donations to political canidates. It is a campaign finance issue.

    Notice I said “we”… just as you did above. Since this is a political decision, not a constitutional one, then the proper forum for the decision can only be legislative. That is, after all, how we make our political decisions. It should be up to state legislatures, and Congress, to decide what authorities we confer on our corporate citizens, and not a matter to be summarily decided by judges or jurists.

    How we doin’ so far?

    Sounds to me like we agree. States would handle most the law, but their could be federal regulations dealing with interstate or international issues.

    But this is not the current state of the law. Currently corporations are constitutionally protected people.

    And ending this constitutional protection for corporations is what Sotomayor is talking about ending. Strangely you agree with her, not Judge Roberts.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    The question with a corporation is really whether their officers have the right to speak on their behalf and use company resources to speak to the issues confronting the company. Now if the 1st Amendment means anything, it means that people, and entities granted the rights of people, get to speak regarding the likely effects that government action will have upon them.

    Put differently, if a dumb thing that government does (say “CAFE regulations” ) would impose billions of dollars of costs on a company, exactly why is it wrong for the company (say GM or Toyota) to use some of its funds to lobby against that move?

    Which is to say that Sotomayor ought to be studying to pass the bar, not sitting on the Supreme Court, right now, as she (again) ignores the basic reality of what a corporation is, legally speaking.

  • Lioncourt

    Which is to say that Sotomayor ought to be studying to pass the bar, not sitting on the Supreme Court, right now, as she (again) ignores the basic reality of what a corporation is, legally speaking.

    Nobody said it iw wrong, what it shouldn’t be is a constitutionally protected right.

    This issue originally came up in the late 19th century where the Railrod corporations were trying to get out of paying taxes to the states by using the 14th amendment. Do you think states should be able to regulate corporatiosn within their borders?

    I don’t think it is unreasonable to be able to regulate the amount of money corporations can dump into campaigns.

    But that is just todays issue,l who knows what tomorrows issue will be.

    Corporations aren’t people and they shouldn’t be constitutionally protected like them.

  • http://magyartruth.blogspot.com/ Chief RZ

    Competition and the freedom to choose enhance quality of product as well as efficiency and the lowest price over big government every time.

  • http://ndgoon.blogspot.com/ goon

    This woman was a horrible pick for the supreme court, it has nothing to do with her gender or ethnic back ground, it’s her marxist views.

  • http://www.bismarckmandanblog.com/ clintf

    What if it’s a corporation of illegal aliens? Then she’ll want to give them LOTS of rights.

  • Lioncourt

    If ignorance is bliss, you guys must be the happiest people in the world.

    Bat1 at spends the time to learn the issue, the rest of you are morons.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    Lioncourt, I’ve already demonstrated to you, with sources, that incorporation is an ancient legal doctrine. All that happened in the 19th century was that certain parts of it were fleshed out in the courts.

    Let’s get some basic facts here. Ever since incorporation was invented, corporations have had rights. Period. And when we restrict political speech, we do violence to the 1st Amendment and the promise of redress of grievances in the msot critical way.

    Hopefully the Supreme Court overturns ALL campaign finance laws. The issue isn’t campaign finance costs, but rather the fact that people know something is for sale from government. Empty the store, and the customers will stop coming, too.

  • pete_fgo

    Judges “created corporations as persons, gave birth to corporations as persons,” she said. “There could be an argument made that that was the court’s error to start with…[imbuing] a creature of state law with human characteristics.”

    OK, Ms. Smarty-pants, if you REALLY want to pursue this line of reasoning

    There could be an argument made that that

    the decision Roe v. Wade removing human rights from an unborn child

    was the court’s error to start with…

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