hearts and minds

November 10, 2018

Proof that a Corporation is NOT a “Person” in the meaning of the U.S. Constitution

Our U.S. Constitution begins with the sentence, “We the People … do ordain and establish this Constitution for the United States of America”.  The first sentence of Article I Section 2, and the first sentence of the 17th Amendment mandate that our Representatives and Senators shall be “chosen” and “elected” “by the People of “each state”.  Those three sentences establish that our government is to be by and for “the people”.  They include the only two sentences in all seven original Articles in which the word “People” even appears.  The word “person(s)” appears 49 times in today’s Constitution.  The Constitutional meaning of those words is of critical importance to us, since the U.S. Constitution (as ratified and amended) explicitly outlines inherent rights possessed by all individual “Persons”, who, taken as a whole, constitute “the People”.  ( See: Headnote* and Footnote **** below.)

The first two sentences of the third paragraph of Article I Section 2 explicitly assign to the Congress the authority and the responsibility to identify all “Persons … in such Manner as they shall, by Law direct”, and to enumerate them (as per a Constitutional formula).   This identification and enumeration is needed in order to allocate a number of “Representatives” proportional to the “Number” of “Persons” in each state, who are then elected by “the Electors in each State”.  So, to determine ‘What is and what is not a Constitutional “person”?’ we must discern (a) ‘How does the U.S. Constitution itself use the word “person”?’ and (b) ‘How has the U.S. Congress defined a “person”, in complying with its Constitutional duty in paragraph 3 of Article I Section 2, and later, with Section 2 of the 14th Amendment?’ (more…)

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November 19, 2015

How a professional Ignores and Denies the Truth

You don’t have to be a rabid strict constructionist; you don’t have to believe that the wealthy, slave-owning, colonial “founding fathers” were invariably righteous and wise; you don’t have to believe that each word of the Constitution is sacrosanct and infallible; in order to be able to credibly refer to the actual text of the U.S. Constitution, and thus shed useful light on a question of Constitutional law that is terribly important to all of us.
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The U.S. Constitution Itself Proves that a Corporation is NOT a Person!

This proof was discovered and published in 2011, and was last revised in March, 2017. Each of the five bullet points below contains a specific Constitutional reference and quotation. The arguments which follow the quoted text in each section stand alone, but they all mutually reinforce the contention made in the title of this essay. And the arguments help to give meaning to this question regarding a legal technicality that keeps on crippling and stealing our rights, and keeps on killing us, and is getting worse. In this matter, we the people persist in contending that the emperor and his lackeys are parading – without a stitch of clothing. So if the shoe fits wear it. But if it’s a good tool, put it to good use.
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April 15, 2015

Do Corporations Have Constitutional Rights? The Proof.

Is there truth in the legal theory that a corporation possesses the unalienable rights of a person, which are explicitly protected by the Constitution of the United States? Does the Constitution confer the rights of a “person”, or of “the people”, upon artificial legal entities we now know as “corporations”? What exactly does the U.S. Constitution consider to be a “person”? If corporations possess the Constitutional rights of a “person”, then corporate power rules our lives and our future. If, on the other hand, the people are sovereign in our government, and only the people have Constitutional rights, then we the people, in compliance with our Constitution, have full legal authority to determine the rules and the policies that organize and shape our lives. (more…)

July 25, 2012

Does a Corporation have Constitutional Rights? (Part 2 of 2) A Corporation does NOT count as a Person, under the U.S. Constitution

One of the two key citations in the Constitution bearing on whether a corporation is a ‘person’ under the Constitution is the 14th Amendment, which contains four sentences employing the word “person[s]” – (the two sentences that constitute section 1, and the opening sentences in each of sections 2 and 3).  The 14th Amendment was cited in the preface to an 1886 Supreme Court case. This preface was later exploited to massively rewrite corporate law using the unjustifiable legal theory that a corporation is a Constitutional ‘person’.
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Does a Corporation have Constitutional Rights? (Part 1 of 2) A Corporation is a Party, not a Person, under the U.S. Constitution

Is there any truth in the legal theory that a corporation possesses, by authority of the U.S. Constitution, any of the inherent, unalienable rights of a person? (more…)

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