Jonah Patel
The US Constitution is a set of instructions outlining the authorities and limitations on government activities. Only a governmental entity can violate the Constitution, or an individual acting on behalf of that entity. Private citizens cannot violate the Constitution. While the Constitution grants corporations the same rights as natural persons, such as the right to contract, sue and be sued, and be held liable under civil and criminal law, there are some constitutional protections that corporations cannot claim. For example, the Supreme Court has not recognized a Fifth Amendment right against self-incrimination for a corporation. While there is a lack of accountability for government officials who violate the Constitution, corporations can be held liable for violating certain constitutional rights. For example, a Kentucky law was found to have violated due process, and a Texas act was found to have denied equal protection of the laws.
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What You'll Learn
- Companies cannot violate the US Constitution, only the government can
- Corporations have turned the Constitution into a shield against unwanted economic regulation
- The US Supreme Court has continuously recognised corporations as having the same rights as natural persons
- Corporations have won constitutional protections, including freedom of speech, religion, and the press
- The First Amendment protects The Five Freedoms, including freedom of speech and freedom of the press
Companies cannot violate the US Constitution, only the government can
The US Constitution is a set of instructions outlining the organisations, authorities, and limitations on government activities. Only a governmental entity can violate the Constitution, or an individual acting on behalf of that governmental entity. Private citizens, including companies, cannot violate the Constitution.
The Constitution grants protections to corporations, such as freedom of speech, freedom of the press, freedom of religion, due process of law, the right to compensation for government takings, the right against double jeopardy, and protection from unreasonable searches and seizures. These rights have been established through Supreme Court decisions, which have extended the Constitution's fundamental rights to corporations.
While corporations cannot violate the Constitution, they can be held liable for their actions under civil and criminal law. Individual employees, managers, and directors are responsible for their own actions while acting on behalf of the corporation, but they are generally not liable for the corporation's actions as a whole.
Despite this, corporations have been criticised for their influence on American democracy and their ability to avoid government regulation. They have been accused of using their money and influence to dominate legislators and secure favourable legislation, as well as utilising anonymous funds to support political candidates and avoid campaign disclosure laws.
In conclusion, while companies cannot violate the US Constitution, they operate within a legal framework that grants them certain rights and protections. The interplay between corporate power and constitutional rights is a complex issue that continues to shape American politics and society.
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Corporations have turned the Constitution into a shield against unwanted economic regulation
The US Constitution protects what are commonly known as The Five Freedoms: freedom of religion, freedom of the press, freedom of speech, freedom of assembly, and freedom of petition. The First Amendment is part of ten amendments to the Constitution, known as the Bill of Rights, which was adopted in 1791.
Since the early days of the Republic, corporations have turned the Constitution into a shield against unwanted economic regulation. The first Supreme Court case on whether business corporations had rights under the Constitution was decided in 1809. The corporation involved in the first corporate rights case, the Bank of the United States, won. The Supreme Court, in an opinion by Chief Justice John Marshall, ruled that the Bank of the United States did have the right to sue in federal court. Marshall explained that the Constitution should be read expansively: "A Constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles."
Business corporations have won nearly every other constitutional protection: freedom of speech, freedom of the press, freedom of religion, due process of law, the right to compensation for property taken by the government, the right against double jeopardy, and the right to be free from unreasonable searches and seizures, among others. The most controversial is the right to political speech recognized by the Supreme Court in Citizens United.
The decision in Citizens United triggered a new era of "dark money"—hidden, anonymous funds used to support candidates and skirt campaign disclosure laws—and has become a symbol of the outsized influence of business corporations on American democracy. By describing corporations as "'associations of citizens' in a 'corporate democracy', the Court has empowered corporations with greater speech rights and religious liberty.
In addition, there is a lack of accountability for government entities that take actions to violate the Constitution. Congressmen are not held accountable for having introduced or voted for laws later found to be unconstitutional. Heads of agencies or commissioners are not accountable for the rules they implement that are found to be unconstitutional.
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The US Supreme Court has continuously recognised corporations as having the same rights as natural persons
The concept of "corporate personhood" in the United States refers to the ongoing legal debate over whether juridical persons, including corporations, should be afforded the same rights as natural persons. The US Supreme Court has long recognised corporations as having the same rights as natural persons, dating back to the 1818 Dartmouth College vs. Woodward case. In this case, the Supreme Court ruled that a corporate charter is a contract, and impairing it would violate the Constitution.
The Supreme Court has, over the years, extended several constitutional protections to corporations. These include freedom of speech, freedom of the press, freedom of religion, due process of law, the right to compensation for government takings, the right against double jeopardy, and protection from unreasonable searches and seizures.
The most controversial of these rights is perhaps the right to political speech, as recognised in Citizens United vs. Federal Election Commission in 2010. The Supreme Court upheld the rights of corporations to make unlimited political expenditures under the First Amendment. This decision sparked a new era of "dark money," where anonymous funds are used to support candidates and avoid campaign disclosure laws. It has become a symbol of the significant influence of corporations on American democracy.
The Citizens United ruling has been criticised for equating corporate rights with human rights and sparked calls for a constitutional amendment to abolish corporate personhood. For example, Senator Bernie Sanders proposed an amendment stating that the "rights protected by the Constitution of the United States are the rights of natural persons and do not extend to for-profit corporations, limited liability companies, or other private entities established for business purposes."
While the Supreme Court has recognised corporations as having certain rights, it is important to note that only the government or individuals acting on behalf of the government can violate the Constitution. Private citizens and corporations cannot directly violate the Constitution.
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Corporations have won constitutional protections, including freedom of speech, religion, and the press
The US Constitution's First Amendment protects what are commonly known as "The Five Freedoms": freedom of religion, freedom of the press, freedom of speech, freedom of assembly, and freedom of petition. These rights were intended to curtail governmental power and safeguard individual liberties.
Since the early days of the Republic, corporations have turned the Constitution into a shield against unwanted economic regulation. Over the past two centuries, business corporations have won nearly every constitutional protection, including freedom of speech, freedom of the press, and freedom of religion.
The Supreme Court has played a significant role in extending these rights to corporations. For example, in the 1930s, the Supreme Court ruled that newspaper companies, despite being corporations, were covered by the First Amendment's freedom of the press. The Court has also established precedents for commercial speech, recognising that it is protected by the First Amendment due to its role in sharing information with consumers.
The right to political speech for corporations is one of the most controversial aspects of these protections. In the landmark case Citizens United, the Supreme Court recognised the right of corporations to engage in political speech, including spending on elections and contributing to campaigns. This decision triggered a new era of "dark money," where anonymous funds are used to support candidates and avoid campaign disclosure laws.
While corporations have won these constitutional protections, it is important to note that there are limitations. For instance, false or defamatory statements (libel) are not protected under the First Amendment. Additionally, commercial speech, while protected, is not afforded the same level of protection as non-commercial speech, and can be restricted if it is misleading or pertains to illegal activity.
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The First Amendment protects The Five Freedoms, including freedom of speech and freedom of the press
The US Constitution is a set of instructions outlining the organisations, authorities, and limitations on government activities. Only a governmental entity can violate the Constitution, or an individual acting on behalf of that entity.
The First Amendment to the US Constitution protects what are commonly known as The Five Freedoms: freedom of religion, freedom of the press, freedom of speech, freedom of assembly, and freedom of petition. These rights are part of the Bill of Rights, which was adopted in 1791 and comprises ten amendments to the Constitution.
The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The First Amendment protects individuals' freedom of speech and expression, including the right to receive information. However, it does not prevent private employers from setting their own rules. While the First Amendment protects freedom of speech, false or defamatory statements (libel) are not protected and may result in criminal and civil liability. Similarly, while individuals have the right to peaceful assembly, this right must be respected unless there is a real danger of imminent harm.
The First Amendment also protects freedom of the press, which is closely related to freedom of speech. Individuals are free to express themselves through publication, but false or defamatory statements are not protected. While government engaging in censorship is unconstitutional, there have been instances of government censorship in US history, such as the 1873 Comstock Law and the 1996 Communications Decency Act.
The Supreme Court has played a significant role in extending the Constitution's fundamental rights to corporations, including freedom of speech and freedom of the press. This has allowed corporations to shield themselves from unwanted economic regulation and influence the electoral process.
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Frequently asked questions
Only a governmental entity can violate the US Constitution, or an individual acting on behalf of that entity. Private citizens and companies cannot violate the Constitution. Individual employees, managers, and directors are liable for their own lawbreaking while acting on behalf of a company, but not for the company's actions.
They can be held liable under both civil and criminal law.
Only the board of directors has the standing to assert a company's constitutional rights in court. Individual shareholders cannot generally sue over the deprivation of a company's rights.
Some examples include a Kentucky law that authorized a judgment against non-resident individuals based on service against their Kentucky agent, and a Texas act that stipulated that only those who had served as freight train conductors or brakemen for two years could serve as railroad train conductors.
