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Santa Clara County v. Southern Pacific Railroad (1886)

Santa Clara County v. Southern Pacific Railroad
Added on 11/29/2005
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2 Reviews

juchmu
11/30/2005

Santa Clara County v. Southern Pacific Railroad (1886) 1

Ushered in the legal doctrine of corporate personhood. I'm not sure where the justification for that is in the Constitution. Clearly defined property rights for corporations are important for our society (and probably should be dealt with in a manner more suited to the nature of the corporation), but corporations are only legal creations given life under the authority of the government. Corporate lawyers have strived to limit the influence the goverment (hi-jacking the 14th amendentment to suit their needs, when the 14th amendment was originally created for vastly different purposes) can have over corporations even though their very existence is derived from the government's authority. This existence is quite different than the life of a real human being. Corporations and humans are so unlike each other that it seems somewhat ridiculous that the two would be treated equally under the law. This doctrine arguably undermines democracy by severely tipping the balance of power away from the people in favor of corporations. Democracy is supposed to be a political system that grants each individual an equal share of power: one vote apiece. But, this doctrine has culminated in special interests(predominantly corporate interests)using their enormous resources to upset the democratic formula to dominate the politcal process to suit their interests often times at the expense of the interests of the people.

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GenghisTheHun
11/29/2005

Santa Clara County v. Southern Pacific Railroad (1886) 4

This decision decided that a corporation was a person under the due process clause. Corporation law is the prerogative of the states, but whether a corporation is a person, has grown over time. To have an advanced economic system, you cannot place the assets of large businesses subject to the whims and mercy of any tin-pot blowhard demogogue who comes along. A modern society cannot exist without the protection of property rights.

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