Corporate rights: Proposed Amendment

Whereas the corporation is by definition an artificial entity of which the owners, directors and officers enjoy statutory privileges including legal immunities not available to private citizens; and

Whereas the corporation owes it existence to the state; and

whereas the state owes its existence to the people; and

Whereas rights attach to and are enjoyed by actual people; and

Whereas privilege is the polar opposite of rights; now therefore

1. The treatment in law of the corporation as a “person” for whatever purpose shall be considered a legal fiction and shall not be construed to include the attachment of natural or constitutional human rights as enjoyed by actual people;

2. The only constitutional right attaching to the corporation shall be the right to due process of law and no other. No corporation shall enjoy any natural human rights whatever;

3. Except for the right to due process of law, the rights and protections enumerated in the first eight amendments to this Constitution, and expanded in the ninth and tenth amendments, collectively known as the Bill of Rights, shall not extend to corporations;

4. Protections afforded citizens and residents of the United States by the Fourteenth Amendment to this Constitution, including but not limited to citizenship and equal protection under the law, shall not extend to corporations;

5. The lobbying of government for any reason whatever is an exercise of the Constitutional right to petition the government for redress of grievances, is reserved to actual people, and is explicitly denied to corporations;

6. Any statutory grant in any form shall be construed as privilege, shall be the object of regulation, and subject to taxation;

7. Corporations are permanently enjoined from political activity of any kind in any form or amount, including the donation of any funds to any political campaign, or the funding of any political activity whatever, all such activities being exclusively the purview and prerogative of actual people;

8. The receiving of any benefit or emolument of any kind in any amount whatever, directly or indirectly, from any corporation by any elected or appointed official during that official’s term of office or campaign or nomination for office shall constitute a recallable and/or impeachable offense and shall disqualify that individual from holding public office under the United States;

9. Congress shall enact appropriate legislation to carry out the spirit and the letter of this amendment;

10. No time limit is imposed upon the States for the ratification of this amendment.

2 Comments

  1. I like your ideas, but I have an OPPOSITE idea:

    If the corporations want to be treated like individual people, fine! Let’s treat them like the law treats the of us. They LOSE all of their immunities as corporations! Simple as that.

    They have to be responsible for their actions like the rest of us, and they get no special immunities. If they cause damages in any way shape or form, they are personally liable. If they squander investor’s money, they can be sued for damages. If they pollute and cause environmental damage, they get sued for damages and are prosecuted under criminal law for criminal negligence. No immunity!

    Can you imagine the list of crimes that could be racked up? Bribery. False advertising. Criminal Negligence. Obstruction of Justice. Theft. (Murder? Chevron gunned down a bunch of people in Nigeria, I call that murder!) Accessory to a felony. Running an ongoing criminal enterprise, The list goes on and on….

    They want to be a “person”, then fine! They have to meet every standard that we, as individual citizens have to be responsible for. No more immunity!

    That’s a lot simpler, don’t you think? =)

    • I appreciate what you’re saying, Louis. What you have described is the removal of the “corporate veil” – the legal structure whereby shareholders, officers and directors enjoy legal immunity from personal liability for the acts of the corporation – meaning in effect that the entire purpose of creating corporations – legal immunity – would be nullified.

      That said, it’s just logically ludicrous for a corporation to have any natural rights at all. Natural rights, like the right to free speech, attach by virtue of birth. corporations are not “born” and unless legally dissolved, go on in perpetuity. Imagine an immortal super-powerful soulless conscienceless machine that has as much money as it may need to buy governments and to oppress workers, consumer sand the environment for profit.

      Don’t take away the corporate veil. Take away corporate “rights”. Then you can jail the officers for the corporation’s lies.

Leave a Reply

Your email address will not be published.


*