Steve G.

The Corporate ‘Person’

In Constitutional Rights, Corruption, Courts and Justice System, Democracy, Economics, History, Law, Libertarian, Libertarian Politics, Politics, Protest, US Government on May 11, 2009 at 6:51 pm

Nowhere are corporations mentioned in The Constitution of the United States of America.  The Constitution was 32 years old before the Supreme Court even dealt with its first case regarding a private, for-profit corporation (Dartmouth College vs. Woodward, 1819) under the contracts clause of Article I, Section 10 (“No State shall…  pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts.”).  It was the conservatively activist court of the period following the War Between the States which changed the landscape of corporate law in the United States with a dictum by Chief Justice Morrison Waite in his opinion on Santa Clara County vs. Southern Pacific Railroad (1886) stating that corporations were ‘persons’ as meant by the Equal Protection Clause of the 14th Amendment (…  nor shall any State deprive any ‘person’ of life liberty, or property without due process of law; nor deny to any ‘person’ within its jurisdiction the equal protection of the laws.)

 

Between 1890 and 1937, VERY activist courts that were VERY conservative and pro-business weakened the ability of employees, customers, state legislatures and labor unions to challenge the power of corporations in the United States.  Even under more liberal courts, corporations have been given additional rights of ‘persons’, such as with 1978’s National Bank vs. Bellotti decision which protected corporate ‘political speech’ under the 1st Amendment.  In all ways, corporations in the United States are legal ‘persons’ under The Constitution which means that, in The United States, certain stacks of signed documents are the same as, and have the same rights under the law as any living, breathing flesh and blood ‘person’ does.  Isn’t it time to challenge the legal and logical fallacies of this position?

 

A human ‘person’ is born.  You can say that a corporation is born, also, but a corporation does not go through a childhood or minority in which it is raised and educated before it is given rights and powers of equal standing with an adult.  There is no consideration of childhood for a corporation and yet for a human person, the importance of childhood cannot be minimized.  Children can be required to attend school and be subjected to curfews that do not apply to adults.  Children are restricted in purchasing or using things with which they might harm themselves or others through restrictions which do not apply to adults (alcohol, tobacco, guns, etc.).  Children cannot legally gamble or enter into contracts.  Children can be restricted from accessing information which other adults can freely access (pornography and restricted movies are two examples of this).  Children cannot vote and their rights of assembly can be limited.  Children cannot work or earn their own money except as specifically provided for by law.  Childhood places very real restrictions and limitations on human ‘persons’ before they are given all of the rights and privileges of an adult.  In addition, under The Constitution, there are even further restrictions on age…  no ‘person’ can be elected to a Constitutional office until they have the achieved the age of 25, 30 or 35 (depending on the particular office).  Corporations have no equal burdens placed upon them; rather they enter the world as full adults, like Venus rising out of the sea in a shell or Athena springing from the head of Zeus.

 

A human ‘person’ is responsible for their own actions.  A human ‘person’ who breaks a law and is brought before a court to answer to justice will be the one who pays a fine or goes to jail.  Felons also have restrictions placed upon them for the rest of their lives.  A corporate ‘person’ cannot be jailed.  A corporate ‘person’ can also just make changes in their management or their Board of Directors and make a claim for leniency or exception which a human ‘person’ who is sane cannot make…  It wasn’t us, it was others, and they aren’t here now”.  Such a claim made by a human ‘person’ would be considered proof of very real and very serious mental illnesses.  While individuals who work for a corporation can be held accountable for some of their actions (keep in mind, the purpose of incorporation is to shield individuals from personal liability or accountability to the public), a corporation itself cannot be imprisoned.  Further, while a corporation might be fined or otherwise punished by a court, the people who made decisions can go elsewhere and continue as they have.  Like a coach of a team which is sanctioned by the NCAA, if the coach can just get a job elsewhere, the sanctions don’t follow him.  Corporations can further shield themselves by creating other corporations which they own and control but which protect the greater corporation from financial or legal liability.

 

A human ‘person’ has duties to perform in their society.  A human ‘person’ can be called to serve on a jury as provided for in The Constitution.  A human ‘person’ can enlist in, or even be conscripted into a military service and sent to die for their country.  A human ‘person’ can run for political office to help fulfill the needs of leadership of their governments at all levels.  No corporate ‘person’ is capable of fulfilling the obligations or duty of service to their country of an individual.

 

A human ‘person’ dies.  How long can a human ‘person’ be part of the workforce?  How long can they provide for themselves and make their own decisions?  How long can a human ‘person’ keep death at bay?  While a corporation might go belly up, or be bought or just end by a decision of those at the top, a corporation, a corporate ‘person’, has no natural lifespan and can, in principle, go on living forever…  maybe a restructuring here and there or a name change but, none-the-less, the same legal ‘person’.

 

The logical case against considering corporations to be ‘persons’ could fill a book, however, there is also a legal flaw which should be addressed within the Constitutional framework of accepting corporations as ‘persons’…  a ‘person’ can’t be owned in the United States.

 

The idea of corporations as ‘persons’ was ‘found’ by the Court in the 14th Amendment.  If the 14th Amendment makes them ‘persons’ under The Constitution, doesn’t the 13th Amendment also apply to them?  (“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”)  Now, go to any dictionary you can find and look up, in order, slavery and slave.  I’ll wait.

 

No ‘person’ can own another ‘person’ in the United States.  Therefore, if a corporation IS a legal ‘person’ under the protection and jurisdiction of The Constitution, doesn’t that mean that they can’t be owned, and that they cannot own other ‘persons’ (i.e.  – other corporations).  If The Constitution applies to the Corporate ‘person’, doesn’t that mean that the WHOLE Constitution applies to them?

 

Rhys M.  Blavier

Romayor, Texas

Truth, Justice and Honor…  but, above all Honor

 

© copyright 2008 by Rhys M.  Blavier
_________________________________________________________________

 

Thank you for reading this article.  Please read my other articles and let me know what you think.  I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

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  1. Bravo! Well written, and an excellent explosion of the corporate person myth!

  2. […] Go here to see the original: The Corporate 'Person' « Last Free Voice […]

  3. […] Originally posted here:  The Corporate 'Person' « Last Free Voice […]

  4. A person is a corporation meaning we have a corporate person to use in commerce which is not us.
    A name which is registered. You can’t use any ol’ name you got to use the one on the birth certificate. Which is owned by the state. Which is not you. There is no human person. There are humans and there are persons. We can consent to be recognized as the person. We are never a person obviously. Don’t you think our judiciary is a little intelligent or they are just complete idiots? That is how they can say a company is a person, because you are not. They even say natural person to delineate. Where is the myth?

  5. Lovely, brilliant, thank you

  6. A supporting point is that a corporation is created by statute, something that is below the constitution in the hierarchy of laws. How can something that is created by a mere statute (and can thus be destroyed by the legislature too) have a constitutional right? If you can endow a statutorily created entity with a constitutional right, why can’t we give constitutional rights to snail darters and spotted owls? I’m not suggesting we should, just pointing out the fallacy.

    I believe that the power that corporatins have been given — equal rights to entities that can live forever and are taxed at a lower rate than human persons — has fundamentally altered our culture in ways that people no longer even perceive, but it is why life does not seem really satisfying to many people and people don’t make human connections with each other as much as they should; we all just accept that the world is owned and made by corporations and we are just consumers and workers.

    I believe that if corporations were assigned their proper legal status — not equal to humans — we could enter a new and better age of humanity.

  7. Good article. I went into it a little more in-depth a while back..

    http://sanityisdead.blogspot.com/2009/03/prisoner-bonds-banking-and-slavery-of.html

    For those who think I was crazy for saying that YOU are a corporation, property of the United States Govt….

    http://sanityisdead.blogspot.com/2009/03/prisoner-bonds-banking-and-slavery-of.html

    Here is a little something extra to think about: I always wondered when I was a kid and I saw the City Limit sign when entering a town, it said this: “New Orleans Corp. Limits, population 518,746″

    I always wondered what that meant “Corp. Limits”. Now I know.

    http://en.wikipedia.org/wiki/Municipal_corporation

    Today the process for granting charters is determined by the type of government of the state in question. In monarchies, charters are still often a royal charter given by the Crown or the state authorities acting on behalf of the Crown. In federations, the granting of charters may be within the jurisdiction of the lower level of government such as a state or province.

    Yup, the United States is nothing more than a Crown colony. What do all of the countries have in common in this article? They were/are all Crown colonies at one time or another!

    The Municipal Corporation is responsible for water supply, records of births and deaths (delegated from Central Govt Birth and Death Registration Act), drainage, sewage removal, fire brigade service, gardens and maintenance of buildings

    Remember the part about your name being in all CAPS on your Drivers License, Passport, Social Security Card and any other Govt issued ID? It says that the Municipal Corporation of responsible for records of birth and death. Translation: We have to know who is born in order to issue the Birth Certificate, Social Security Card and your Govt ID’s. They have to keep track of how many “Slaves” are eligible to pay into the system. Also part of the bond issuing process….

    I still think we operate under the Uniform Commercial Code, this article just makes me think it even more.

    “Registration” comes from Latin “rex, regis” etc. meaning regal. So think about what occurs whenever you ‘register’ – you hand legal title over to the Crown (Queen of England).

    The BAR Association is a great example. BAR stands for British Accreditation Registry.

    When you register anything with the public, it releases legal title to the government corporation and leaves you with only equitable title – the right to use, not own, and for that use you will pay a ‘use’ tax which is every tax, be it income, sin, sales, property, etc. as opposed to lawful taxes, excise and impost.

    So that it doesn’t appear that the government now owns the property which you have registered they put it in a name
    which so much resembles your own that you won’t suspect it, however, the NAME is owned by the government. If you
    choose rather to record your legal title to your property with the public, you maintain your status as Title Owner.

    This is one of the most important things you can ever learn for the sake of your commercial affairs.

    The best example of the effects of registration is the birth certificate. A bankrupt entity – city, state/province, country – cannot operate in commerce. So how do they manage? Since USA/CA have been bankrupt for decades, having no substance such as gold and silver to back it, the only asset it has are men and women and our labor. We are the collateral for the interest on the loan of the World Bank.

    Each of us is registered, via the application for a birth certificate. The Treasury issues a bond on the birth certificate and the bond is sold at a securities exchange and bought by the FRB/BoC, which then uses it as collateral to issue bank notes. The bond is held in trust for the Feds at the Depository Trust
    Corporation. We are the surety on said bonds. Our labour/energy is then payable at some future date.

    Hence we become the ‘transmitting utility’ for the transmission of energy. The USG/CAG, in order to provide necessary goods and services, created a commercial bond (promissory note), by pledging the property, labor, life and body of its citizens, as payment for the debt (bankruptcy). This commercial bond made chattel property)
    out of us all. We became nothing more than ‘human resources’ and collateral for the debt. This was without our knowledge and/or our consent, via the filing (registration) of our birth certificates.

    When moms apply for a birth certificate, the application is registered. The legal title of her baby is then transferred
    from mom to the State. Mom is left with equitable title of her baby whom she can use for a fee – a ‘use tax’ – and since
    the property does not belong to her, she has to treat it in the manner which the owner wants.

    Colonel Edward Mandell House is attributed with giving a very detailed outline of the plans to be implemented to enslave the American people. He stated, in a private meeting with Woodrow Wilson(President 1913 – 1921),

    The speech below:

    Very soon, every American will be required to register their biological property (that’s you and your children) in a national system designed to keep track of the people and that will operate under the ancient system of pledging. By such methodology, we can compel people to submit to our agenda, which will affect our security as a charge back for our fiat paper currency.

    Every American will be forced to register or suffer being able to work and earn a living. They will be our chattels (property) and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading (Birth Certificate) to us will be rendered bankrupt and insolvent, secured by their pledges.

    They will be stripped of their rights and given a commercial value designed to make us a profit and they will be none the wiser, for not one man in a million could ever figure our plans and, if by accident one or two should figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debts to the registrants in the form of benefits and privileges.

    This will inevitably reap us huge profits beyond our wildest expectations and leave every American a contributor to
    this fraud, which we will call “Social Insurance.” Without realizing it, every American will be unknowingly be our servant,
    however begrudgingly. The people will become helpless and without any hope for their redemption and we will employ the high office (presidency) of our dummy corporation (USA) to foment this plot against America. – Colonel Edward Mandell House

    http://hubpages.com/hub/Colonel_House

  8. fulltimehuman is totally correct. Their is no such thing as a ‘human person’. The ‘person’ is created when a birth (berth) is registered with the corporation responsible for the registration of births. The ‘person’ is the birth certificate, NOT the flesh and blood man endowed with a soul. We are tricked into believing that we are a person and are subject to statutes that carry the force of law, when in reality, only the birth certificate is. We flesh and blood men are subject to natural law and common law. These are the only laws required and they cover every possibility. Never cause injury harm or loss and never cause mischief in your contracts (fraud). ALL men are created equal before the common law. commercial (admiralty or canon law) only applies to corporations (our person) not to us (flesh and blood man endowed with a soul)

  9. I totally agree with the logic here. If one observes a corporation as an individual, and evaluates it’s behavior, most would be considered mentally incompetent and psychotic.

  10. When you really “get it” you understand that the Republic has been dissolved by a lawful act of the people since March 1861 and its Constitution does not apply to the UNITED STATES OF AMERICA INC. which articles of incorporation were filed under French law in 1871. Later the District of Columbia was recognized as its own Sovereign country. A “US Citizen” never enjoyed constitutionally protected rights as to become one is to voluntarily waive all inherent rights. This article is a step in the right direction but the people of our land have a long way to go in understanding the de facto criminal anarchy that operates with impunity. Until the people decide to re-establish lawful government (not revolt as this that exists is not our servant and therefore not our government) then we can expect to be forced to the terms of a contract we have ignorantly agreed to every time we say the Pledge of Allegiance, vote, or by using Federal Reserve Notes etc within a system that owns us like cattle. In that light this article takes on a comical angle. Why go through their club rules to find your remedy? Why not just not join the club or rescind your membership. We have a lot to learn. Are we learning?

  11. Don’t be so stupid. US law is not applied consistently. US law is a club used by the boss class to smash the mass class into permanent servitude.

    US is not a nation of laws. US is a nation of brutal tyranny.

    You stupid slug slaves!

  12. Wow. What a topic. Are corporations considered human under the law? Looks that way. Are humans considered corporations? Looks that way too. Your corporation (I believe) is your name in ALL CAPITAL LETTERS. See your birth certificate, credit cards and so on. Is the USA a corporation? Looks that way too! It seems to me that our laws govern the interactions between corporations. Seems to me also that all corporations are property of some other corporation.

  13. Totally agree, the phantasm of the corporate “person” has been a huge problem.

    I thought it had stemmed from the Royal Charters given to companies like Hudson Bay Company and East India Company to pillage without risk to the crown and other investors.

    Anyway, I think we should allow large trading organisations, but only in the form of true partnerships where every “shareholder” is completely responsible for the overall actions of the partnership.

    The Corporate Person causes the psychopathic behaviour of companies because people such as the CEO have to behave as part of the “corporate person” and set aside their own “human person” when making and implementing decisions for the company. Once they set aside their own humanity in this way, it becomes easy to make heartless and souless decisions that harm everyone except the company.

    Even shareholders, who are aside from the corporate person, do not take responsibility for the corporate person’s decisions, even when they may be illegal. No, we need to remove this legal fiction, it is not useful as a concept and has caused enourmous harm to millions of “human persons” over the last century or so.

  14. Interesting Travis ….

    Just for the record.

    Travis posted after me (Lance)

    Not sure what’s going on.

    To Travis,

    A simple question,

    Do you think that the “Crown” is = to the Rothschilds, or maybe the British banking system?

    I would also like to ask a simple question to all who are interested in in this thread.

    When did the name on birth certificates become ALL CAPITAL LETTERS?

    My father died recently. His name was in ALL CAPITAL LETTERS on his birth certificate. He was Canadian but I think the same rules apply to Americans.

    He was born in 1929

    Lance Owen lowen@iastar.ca

  15. OF COURSE corporations are not persons.
    The Judiciary made a huge mistake when it conferred rights to a human collaborative effort only ones truly applicable to an individual.

    Anyone who believes the court decided correctly does not understand how important it is that humans be given proper legal value associated with lifeforms . . . and corporations be given legal value associated with business collectives.
    Assigning the same values to both (“personhood”) is not far removed from defining a statue as living, pulsing, breathing, reproducing —— a clear violation of biological sanity.

    Yet the lawyers who understand profiteering as primary raison d’etre have maintained the error (“lie”) for the last 150 years because it allows business practices to hide behind the specious mantle of “rights.”
    Since the wealthy have far more bartering rights than the poor, large business collectives will always have more “personhood” than individual human beings—-meaning a corporation is more of a person than you or I when it comes to being protected by the law.

    Is it any wonder this country is in dire straits?
    Our entire value system is topsy turvy.

  16. Lance, if you ever check this, I wrote more about it recently.

    Canada is a Crown Colony, they have the Queen on their money.

    http://sanityisdead.blogspot.com/2009/07/why-congress-is-farce.html

  17. just saying ‘hi’!

  18. However malfunction isn’t damaging for failure is not greater than the simple act for halting or even leaving behind. At any point we’re able to application all over again (need to we opt to) and once that performed then ‘failure’ turns into nothing at all next the momentary :

  19. Do you mind if I quote a couple of your articles as long as I provide credit and sources back to your webpage? My blog site is in the very same area of interest as yours and my visitors would certainly benefit from a lot of the information you present here. Please let me know if this ok with you. Thanks!
    woolrich sale http://www.sabio.de/wp-content/themes/woolrichoutlet/

  20. Mervin, I have no problem with any of my work being used. I want my writings being part of the larger dialogues which we need to have. As you indicated, just make the appropriate references / citations to me an my work . Actually, I want to go back and revisit this topic because, since I wrote it, I’ve had some additional ideas on this subject.

    Rhys M. Blavier

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