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To: Admiral_Zeon
The 'wise latina' is already hard at work.

There was no 19th Century ruling, the "precedent" giving corporations 14th Amendment "equal protection" was a headnote written by a Marxist court clerk in Santa Clara v. Southern Pacific Railroad. She is on absolutely solid legal grounds here.

28 posted on 09/17/2009 2:22:13 PM PDT by Carry_Okie (Islam offers three choices: surrender, fight, or die.)
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To: Carry_Okie

That is the way I understood it, “corporations” were legal people based on a clerk’s insertion.

That said, the idea that an Entity has no inherent right to expose it’s views is unsustainable, be that Entity “Joe” who flips burgers or Exxon, who deals in energy the idea of curtailing speech is heinous to the Constitution’s mandate of a free market place of ideas.


80 posted on 09/17/2009 3:00:15 PM PDT by padre35 (You shall not ignore the laws of God, the Market, the Jungle, and Reciprocity Rm10.10)
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To: Carry_Okie
There was no 19th Century ruling, the "precedent" giving corporations 14th Amendment "equal protection" was a headnote written by a Marxist court clerk in Santa Clara v. Southern Pacific Railroad. She is on absolutely solid legal grounds here.

Indeed, and your link to the 14th Amendment is dead-on. The issue she's actually addressing is the corporate shield of non-responsibility, which has zero support in the original (pre-14th) Constitution.

It's breathtaking that she should even acknowledge the existence of this elephant of all elephants that is not only in the living room, but that has crushed the entire house beneath it. Unfortunately, liberals are utterly dependent upon their corporate shields - without it they would be destroyed. So I don't see this going anywhere. Nevertheless, it's a way big surprise from her.

(On the other hand, she could have simply screwed up by musing out loud, trying to find a way to protect McCain-Feingold.)

88 posted on 09/17/2009 3:08:43 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: Carry_Okie
the "precedent" giving corporations 14th Amendment "equal protection" was a headnote written by a Marxist court clerk in Santa Clara v. Southern Pacific Railroad. She is on absolutely solid legal grounds here.

I agree. This is a very nice surprise.

The idea that any entity besides individual people has rights has no basis in objective reality.

It is a legal fiction, based on a cluster of metaphors that are not appropriate for Equal Protection consideration.

Expect the Wall St. Money Power to go berserk and throw a fit over this.

145 posted on 09/17/2009 5:51:16 PM PDT by Palin Republic
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To: Carry_Okie

Very good article. Thanks for posting that link.


226 posted on 09/18/2009 3:35:34 AM PDT by Huck ("He that lives on hope will die fasting"- Ben Franklin, Poor Richard's Almanac)
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