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PoiBoy

(1,542 posts)
10. I believe it started here...
Tue Feb 28, 2017, 03:38 PM
Feb 2017

... a brief explanation..

https://www.hightowerlowdown.org/node/664#.WLXNdl-HNTQ

But a court reporter, J.C. Bancroft Davis (a former railroad official), wrote the headnote to the decision—a headnote being a summary of the case, for which reporters like Davis received a commission from the publisher of these legal documents. Davis’s lead sentence declares: “The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment to the Constitution of the United States, which forbids a state to deny any person within its jurisdiction the equal protection of the laws.

That’s it. A clerk’s personal opinion, carrying no weight of law and misinterpreting what the court said—this is the pillar on which rests today’s practically limitless assertions of corporate “rights.” Davis later asked Chief Justice Waite whether he was correct in saying that the court had ruled on corporate personhood, and Waite responded that “we avoided meeting the Constitutional questions.”

Corporate attorneys seized on the headnote, quoting it as the law of the land, and it was not long before politicians and judges themselves joined in the farce, either because they were eager to support the corporate cause or were simply too lazy to read the actual case.


specifics here..

https://en.wikipedia.org/wiki/Santa_Clara_County_v._Southern_Pacific_Railroad_Co.

Thus the Supreme Court's actual decision never hinged on the equal protection claims. Nevertheless, the case has been allowed to have clear constitutional consequences, as it has been subsequently taken to affirm the protection of corporations under the Fourteenth Amendment. At the very least, this is a wrinkle in the normal understanding of the workings of the Court's tradition of stare decisis – the reliance on precedence. It is an instance in which a statement which is neither part of the ruling of the Court, nor part of the opinion of a majority or dissenting minority of the Court has been taken as precedent for subsequent decisions of the Court.



An old proverb says: “A lie repeated 1,000 times becomes the truth.” This particular lie asserts that every corporate business structure is, in the eye of the U.S. Constitution, equal to real human beings, possessing all the rights of people. - Jim Hightower






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