Are Corporations People?
Why is a corporation a people or citizen?
There is a lot of confusion going around the internet about corporations and their status in the eyes of the law. It appears that this recent uproar came about May of 2013 when Hobby Lobby sued over Federal requirements for mandatory healthcare. After searching back through this "news" I have noticed a lot of misunderstanding and misperception in regards to a corporations or buisenss legal statues. The only case where I can find a corporation being considered people is during Mitt Romney's speeches, and his thoughts on the matter are far from the truth and it all has to do with wording. To comprehend why a business is a citizen but not a people we need to loo at some definitions.
Businesses and corporations are citizens, some people are citizens as well, or in fact nowadays most people. A citizen is a a "legally recognized subject or national of a state or commonwealth, either native or naturalized." A legally recognized subject meaning subject to the jurisdiction of a higher authority, this jurisdiction may be imposed by force or just misinformation.
A corporation created by and transacting business in a state is to be deemed an inhabitant of the state, capable of being treated as a citizen for all purposes of suing and being sued, and an averment of the facts of its creation and the place of transacting business is sufficient to give the circuit courts jurisdiction. Louisville, Cincinnati & Charleston R. Co. v. Letson 43 U.S. 497 (1844)
The People gave life to the government and are the owners, or caretakers of such entity. The People give life to the government for the protection of their rights, liberties and happiness. The people have divine rights granted by our nature and or our creator. A person, which is basically another word for a citizen, has traded their rights onto the government and stepped under the government, the government in turn offers the persons or citizens privileges, which it deems suitable and or necessary. The citizens which may be humans, corporations, businesses of other fictitious entities have allowed the government to have jurisdiction over them.
This is how a corporation or business can be a citizen or a person, because the very definition of these words includes them in their being. A human may become a citizen, and place themselves on the same level as a corporation, which is below the government. Citizens enjoy things like government aid, social security, credit cards, bank accounts etc. A human citizen can easily become a people again by correcting their behavior and living in accordance with the highest laws, but most citizens remain ignorant to the system and remain where they are comfortable instead of doing the right thing. People can also enjoy government grants and funding to start businesses, schools etc. but the must be aware of their position and standing as well as the supreme law of the land and universal law at all times.
It makes complete and total sense that a corporation is a person or citizen, and it makes sense that they will make actions to acquire rights for themselves similar to those of the people that run them. A citizen is a subject of the jurisdiction of a higher authority, a US citizen is subject to the authority of the US government. A corporation being recognized as a citizen is a LIMITATION and not a benefit. If a corporation were not a citizen it would not be subject to the jurisdiction of our governments authority.
Corporations are citizens for a very good reason, if they were not citizens no one could punish them for the crimes they commit.
...at
the Revolution, the sovereignty devolved on the people; and they are
truly the sovereigns of the country, but they are sovereigns without
subjects...with none to govern but themselves..... [CHISHOLM v.
GEORGIA (US) (1793)]
No comments:
Post a Comment