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  #31 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by htperr6565 View Post
perhaps a corporation is seen as a group of people, and groups of people have rights, but senate seats go to 'one' person.
I don't think so. A corporation is recognized as a person by the SCOTUS.

I asked a friend of mine who is a pretty high profile lawyer...... we'll see what his thoughts on it are.
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  #32 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

got my reply,

Quote:
Each clause of the US const - actually each word is construed by Courts with much scrutiny. In this regard, a corporation may not run for President of the US. Looking at the 1st Amendment, in part, Congress shall make no law... abridging the freedom of speech.... You will notice the amendment limits Congress' power, it does not give any power to persons. Thus, a corporation is afforded the protection of freedom of speech by way of not having Congress limit speech. The same may be said of the due process or spending clauses - in that they do not give power to persons, but rather limit what Congress may do. This the crux of the checks and balances portion of our governing system. Additionally, it is also important to remember that a corporation is a legal entity defined by statute - and not the constitution. Most states have their own requirements for what defines a corporation in that State. This is the reason why many corporations choose a particular state to incorporate in (i.e. Delaware). The constitution trumps all state law - as prescribed by the supremacy clause. Also, based on Agency law, a person may act on behalf of a corporation - but a corporation may not act on behalf of a person. There are exceptions to this rule - but the exceptions come in when the corporation is improperly run and/or setup. (one example is piercing the corporate veil - but here there is generally fraud). So, in a nut shell - the Constitution - does not recognize Corporations, does not specifically give any power to Corporations, Corporate law is trumped by the Constitution. Therefore, a corporation may not run for president.
Damn I'm wrong.
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  #33 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by daddio View Post
if they pass the qualifications.

Gonna need a birth certificate to prove age.
Certificate of Incorporation. Corporations can be older than most regular people.
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  #34 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by Disillusioned_1 View Post
The americans with disabilities act would require them to have a larger meeting place for the senate.

Anyway the topic sounds ridiculous, however the whole concept of corporations being people protected by the 1st and 14th amendments is even more ridiculous, yet the SCOTUS has taken that position.

I wonder if I should try it for local office. Incorporate myself and then run for city commission or something.
Well, I think it's ridiculous because they are treated as separate "people." They are not people. The entire ownership by proxy (owning a corporation and thus owning its assets) is stupid because it leaves the owner as someone who is not responsible for debts incurred, but does own the assets.
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  #35 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by Politico View Post
The wording of the 14th is "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside....." and they HAVE been granted protection.

The requirements for running for president is:

be a natural born citizen of the United States;
be at least thirty-five years old;
have been a permanent resident in the United States for at least fourteen years.

I'm sure it would at least make it to the Supreme Court, therefore making headlines and bringing light to the farce that is corporate personhood.
Corporations don't "reside" anywhere, they domicile. And, their "mothers" don't birth them.
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  #36 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by htperr6565 View Post
perhaps a corporation is seen as a group of people, and groups of people have rights, but senate seats go to 'one' person.
The entire idea is stupid. Limited liability, my ass. If they want to limit their liability, they better say so in each and every contract.
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  #37 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by Slon View Post
The entire idea is stupid. Limited liability, my ass. If they want to limit their liability, they better say so in each and every contract.
beg pardon???
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  #38 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by Slon View Post
Well, I think it's ridiculous because they are treated as separate "people." They are not people. The entire ownership by proxy (owning a corporation and thus owning its assets) is stupid because it leaves the owner as someone who is not responsible for debts incurred, but does own the assets.
That exactly true. Stockholders "own" a corporation, but during a bankruptcy, the debt holders own the assets. Stockholders seldom survive a bankruptcy, not even getting the "par value" of a buck a share.
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  #39 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by Slon View Post
The entire idea is stupid. Limited liability, my ass. If they want to limit their liability, they better say so in each and every contract.
That's basically what a corporation does.

You better go back and reread your history of Capitalism. Limited liability is necessary to a modern economy and has been since corporations were invented in what, the 1400's? Nobody is going to invest in Ford if they realize their ten shares at $1000 might fetch them a bill of 10 billion someday.
I think even Ayn knew that

Legal personhood is actually a protection for the REST of us, not the corporation. The "legal fiction" exists mainly so the corporation can be sued, otherwise none of us would have any recourse against anything done to us by a group of people.

And aren't they actually based on that grandest of all conservative shibboleths, the extended family?
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Last edited by John Drake; 3 Weeks Ago at 10:22 AM.
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  #40 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by Politico View Post
got my reply,

Damn I'm wrong.
Let me analyze his reply that he gave you:

Quote:
Each clause of the US const - actually each word is construed by Courts with much scrutiny. In this regard, a corporation may not run for President of the US.
Well technically I meant ANY office, not just the POTUS. But this is his claim, not an argument.

Quote:
Looking at the 1st Amendment, in part, Congress shall make no law... abridging the freedom of speech.... You will notice the amendment limits Congress' power, it does not give any power to persons. Thus, a corporation is afforded the protection of freedom of speech by way of not having Congress limit speech. The same may be said of the due process or spending clauses - in that they do not give power to persons, but rather limit what Congress may do. This the crux of the checks and balances portion of our governing system.
Well thats fine and all, but I don't see the bearing it has on things. In fact, because the SCOTUS has ruled that congress cannot really limit speech from corporations anymore than it limits speech from individuals, the SCOTUS has re-inforced the idea that corporations are people, and therefore congress doesn't have the power to limit them. Also, the SCOTUS has said that corporations are a type of person protected by the 14th amendment. So the constitution DOES affirm some positive things for the people and isn't always just a negative as to what the government can do.

Quote:
Additionally, it is also important to remember that a corporation is a legal entity defined by statute - and not the constitution. Most states have their own requirements for what defines a corporation in that State. This is the reason why many corporations choose a particular state to incorporate in (i.e. Delaware).
This is true, although I'm struggling with whether this has any bearing on whether a company could run for national office. Certainly it would seem viable for a corporation to run for local office, because the statutes would be legally binding as local law.

Quote:
The constitution trumps all state law - as prescribed by the supremacy clause.
But the constitution isn't forbidding corporations from being called people. In fact the SCOTUS has said that corporations are a type of person and therefore protected by the 14th amendment. So once again I fail to see how this prevents a corporation from running for National or local office.

Quote:
Also, based on Agency law, a person may act on behalf of a corporation - but a corporation may not act on behalf of a person. There are exceptions to this rule - but the exceptions come in when the corporation is improperly run and/or setup. (one example is piercing the corporate veil - but here there is generally fraud).
I'm not familiar with agency law. This might be where the idea falls apart. I'll have to check into it.

Quote:
So, in a nut shell - the Constitution - does not recognize Corporations, does not specifically give any power to Corporations, Corporate law is trumped by the Constitution.
But the constitution DOES recognize corporations, the SCOTUS has said that corporations are protected as a type of person by the 14th amendment. So this is simply wrong. And if they're people per the 14th amendment, then congress cannot limit their actions in accordance with the limitations that the constitution puts on congress. So this entire sentence is contradictory with known law about corporations being recognized as people via the 14th amendment. Once again, being trumped by the constitution doesn't mean anything here because its the constitution claiming that corporations are people (per SCOTUS interpretation of the 14th amendment).

Quote:
Therefore, a corporation may not run for president.
The only argument your lawyer friend made that could possibly put a wrench in the works is agency law. But agency law presumably is not a part of the constitution, and in fact cannot violate the constitution, because the constitution trumps ALL laws. So I'd argue no matter what agency law says, there could be a case that the constitution itself by recognizing corporations as people through SCOTUS interpretation of the 14th amendment, does in fact guarantee the right of corporations to run for public office (either locally or nationally).
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  #41 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by Slon View Post
The entire idea is stupid. Limited liability, my ass. If they want to limit their liability, they better say so in each and every contract.
Limited Liability corporations are actually a godsend to small businesses and citizens. Suppose your family has a company that is an LLC - you sell lollipops. Someone trips on your LLC's storefront and breaks their neck. According to existing law, they can sue your company for everything its worth. But if your company was a LLC, the courts won't let him sue you for your house, your car, your pension from your old job, your wife's earnings and your children's earnings.

Being an LLC doesn't protect the company itself from lawsuits. It prevents lawsuit-crazy fanatics from suing your family for all of your personal assets, and even from suing your other business interests (as long as they're completely separate from the LLC being sued). LLC's are good, they protect people.
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  #42 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by Disillusioned_1 View Post
Let me analyze his reply that he gave you:



Well technically I meant ANY office, not just the POTUS. But this is his claim, not an argument.



Well thats fine and all, but I don't see the bearing it has on things. In fact, because the SCOTUS has ruled that congress cannot really limit speech from corporations anymore than it limits speech from individuals, the SCOTUS has re-inforced the idea that corporations are people, and therefore congress doesn't have the power to limit them. Also, the SCOTUS has said that corporations are a type of person protected by the 14th amendment. So the constitution DOES affirm some positive things for the people and isn't always just a negative as to what the government can do.



This is true, although I'm struggling with whether this has any bearing on whether a company could run for national office. Certainly it would seem viable for a corporation to run for local office, because the statutes would be legally binding as local law.



But the constitution isn't forbidding corporations from being called people. In fact the SCOTUS has said that corporations are a type of person and therefore protected by the 14th amendment. So once again I fail to see how this prevents a corporation from running for National or local office.



I'm not familiar with agency law. This might be where the idea falls apart. I'll have to check into it.



But the constitution DOES recognize corporations, the SCOTUS has said that corporations are protected as a type of person by the 14th amendment. So this is simply wrong. And if they're people per the 14th amendment, then congress cannot limit their actions in accordance with the limitations that the constitution puts on congress. So this entire sentence is contradictory with known law about corporations being recognized as people via the 14th amendment. Once again, being trumped by the constitution doesn't mean anything here because its the constitution claiming that corporations are people (per SCOTUS interpretation of the 14th amendment).



The only argument your lawyer friend made that could possibly put a wrench in the works is agency law. But agency law presumably is not a part of the constitution, and in fact cannot violate the constitution, because the constitution trumps ALL laws. So I'd argue no matter what agency law says, there could be a case that the constitution itself by recognizing corporations as people through SCOTUS interpretation of the 14th amendment, does in fact guarantee the right of corporations to run for public office (either locally or nationally).
Well, yes, but don't all the above arguments founder on the knowledge that the Constitution recognizes several types of "persons" who cannot even vote?
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  #43 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by John Drake View Post
Well, yes, but don't all the above arguments founder on the knowledge that the Constitution recognizes several types of "persons" who cannot even vote?
Now that's a good point. But maybe corporations don't vote because they've never TRIED.

On the other hand, the reason they've never tried is they completely manipulate congress and the president to do what they want anyway, so they don't really need to vote. They already have a much bigger voice in government than if they voted.
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  #44 (permalink)  
Old 3 Weeks Ago
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Re: If Corporations are People can they run for office?

There's no point. They own the government now. Why would a corporation put itself through the shame and defilement needed to be a politician when it can just continue to pay the people who are willing do those things?
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  #45 (permalink)  
Old 3 Weeks Ago
President

 
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Re: If Corporations are People can they run for office?

Quote:
Originally Posted by htperr6565 View Post
beg pardon???
You have a problem?

Quote:
Originally Posted by John Drake View Post
That's basically what a corporation does.

You better go back and reread your history of Capitalism. Limited liability is necessary to a modern economy and has been since corporations were invented in what, the 1400's? Nobody is going to invest in Ford if they realize their ten shares at $1000 might fetch them a bill of 10 billion someday.
I think even Ayn knew that
Then maybe they shouldn't invest in Ford. Are you saying their contract with everyone to whom they own debt (banks, warranty owners, etc...) have a "...unless we really don't want to pay" clause?
Quote:

Legal personhood is actually a protection for the REST of us, not the corporation. The "legal fiction" exists mainly so the corporation can be sued, otherwise none of us would have any recourse against anything done to us by a group of people.
If the owners fuck up, then without a corporation, wouldn't they all be liable to a lawsuit? Except now, possible winnings will be limited not by the amount invested, but by the total amount personally owned by them.
Quote:

And aren't they actually based on that grandest of all conservative shibboleths, the extended family?
???
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