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Unpublished Paper
Person, State or Not: The Place of Business Corporations in Our Constitutional Order
ExpressO (2015)
  • Daniel J.H. Greenwood
Abstract

Business corporations are critical institutions in our democratic republican market-based economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply to these state-like governance institutions

Keywords
  • corporate governance,
  • shareholder democracy,
  • Citizens United,
  • corporate electioneering,
  • lobbying,
  • corporate constitutional rights,
  • corporate personhood
Publication Date
March 23, 2015
Citation Information
Daniel J.H. Greenwood. "Person, State or Not: The Place of Business Corporations in Our Constitutional Order" ExpressO (2015)
Available at: http://works.bepress.com/daniel_greenwood/5/