Omar Bennett
The rights of privately owned companies are afforded by the United States Constitution, and in many ways, these rights are similar to those of individual citizens. The Bill of Rights lays out what rights the government cannot take away from citizens, and these rights also apply to companies that citizens own. In the Santa Clara case, the Chief Justice, Morrison Waite, stated that the Fourteenth Amendment, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to corporations.
| Characteristics | Values |
|---|---|
| Owners of property have constitutional protections | True |
| Companies have rights under the Bill of Rights | True |
| Companies have rights under the Fourteenth Amendment | True |
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What You'll Learn
The Bill of Rights
Corporate attorney John Norton Pomeroy argued in the 1880s that "Statutes violating their prohibitions in dealing with corporations must necessarily infringe upon the rights of natural persons. In applying and enforcing these constitutional guaranties, corporations cannot be separated from the natural persons who compose them." Similarly, proponents of corporate personhood might argue that a juridical person can be a device for exercising shareholders' rights to free speech.
Business constitutional rights are the rights of any companies formed in the United States, which are afforded by the United States Constitution. Some business entity types have almost as many rights as individual citizens of the country.
Knives and the Constitution: What's the Verdict?
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Corporate personhood
In the Santa Clara case, the Chief Justice, Morrison Waite, stated that the Fourteenth Amendment, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to corporations. Two years later, in Pembina Consolidated Silver Mining Co. v. Pennsylvania, the Court affirmed the doctrine, holding that a private corporation is included in the Fourteenth Amendment.
Corporate attorney John Norton Pomeroy argued in the 1880s that "Statutes violating their prohibitions in dealing with corporations must necessarily infringe upon the rights of natural persons. In applying and enforcing these constitutional guaranties, corporations cannot be separated from the natural persons who compose them." Similarly, proponents of corporate personhood might argue that a juridical person can be a device for exercising shareholders' rights to free speech.
Foreign Nationals: US Constitution Protections and Their Limits
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Shareholders' rights to free speech
The Bill of Rights lays out what rights the government cannot take away from citizens, and in many ways, these rights also apply to companies that citizens own. For example, in the Santa Clara case, the Chief Justice, Morrison Waite, stated that the Fourteenth Amendment, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to corporations.
Corporate attorney John Norton Pomeroy argued in the 1880s that "Statutes violating their prohibitions in dealing with corporations must necessarily infringe upon the rights of natural persons. In applying and enforcing these constitutional guaranties, corporations cannot be separated from the natural persons who compose them." Similarly, proponents of the 'contractual', 'associate', or 'aggregate' theory might argue that a juridical person can be a device for exercising shareholders' rights to free speech.
Business constitutional rights are the rights of any companies formed in the United States, which are afforded by the United States Constitution. Some business entity types have almost as many rights as individual citizens of the country. Ultimately, the courts decide exactly how the Constitution applies to businesses in the United States and even those operating as foreign entities there.
Shooting Ranges: A Constitutional Right or Wrong?
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The Fourteenth Amendment
Corporate attorney John Norton Pomeroy argued in the 1880s that:
> Statutes violating their prohibitions in dealing with corporations must necessarily infringe upon the rights of natural persons. In applying and enforcing these constitutional guaranties, corporations cannot be separated from the natural persons who compose them.
Proponents of this perspective might argue that a juridical person can be a device for exercising shareholders' rights to free speech. The Bill of Rights lays out what rights the government cannot take away from citizens, and in many ways, these rights apply to companies that citizens own. Ultimately, the courts decide exactly how the Constitution applies to businesses in the United States.
The Constitution and Refugees: What Protections Exist?
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Business constitutional rights
The rights of U.S. citizens and the rights of the U.S. government are spelled out in the Constitution, and these rights also affect businesses. For example, in the Santa Clara case, the Chief Justice, Morrison Waite, stated that the Fourteenth Amendment, which forbids a state to deny any person within its jurisdiction the equal protection of the laws, applies to corporations.
Corporate attorney John Norton Pomeroy argued in the 1880s that statutes violating prohibitions in dealing with corporations infringe upon the rights of natural persons. He argued that corporations cannot be separated from the natural persons who compose them. Similarly, proponents of corporate personhood might argue that a juridical person can be a device for exercising shareholders' rights to free speech.
Green Card Holders: Constitutional Protections and Their Limits
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Frequently asked questions
Yes, privately owned companies do have constitutional protections. The Bill of Rights lays out what rights the government cannot take away from citizens, and in many ways, these rights apply to companies that citizens own.
The courts decide exactly how the Constitution applies to businesses in the United States and even those operating as foreign entities. Corporate attorney John Norton Pomeroy argued in the 1880s that "Statutes violating their prohibitions in dealing with corporations must necessarily infringe upon the rights of natural persons. In applying and enforcing these constitutional guaranties, corporations cannot be separated from the natural persons who compose them."
In the Santa Clara case, the Chief Justice, Morrison Waite, stated that the Fourteenth Amendment, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to corporations. Two years later, in Pembina Consolidated Silver Mining Co. v. Pennsylvania, the Court clearly affirmed the doctrine, holding that a private corporation is included in the Fourteenth Amendment.
