Thursday 8 March 2018

railroaded or letter of the law

The legal fiction of natural and corporate personhood—apparently with all benefits and responsibilities appertaining to, including the right to unimpeded free speech and no abridgement of religious liberties (though it is difficult to envision what that looks like for a corporation) has probably the basest and most twisted phoney, flimsy precedence that I’ve encountered since perhaps the selling of papal indulgences—and given the kleptocracy, kraterocracy that we’ve inherited, that speaks volumes.
About a decade after the passage of the Fourteenth Amendment to the US Constitution that provided that no person can be denied the citizenship and civil rights afforded to anyone without due legislative process that applies to every individual equally in the summer of 1868, a train magnate and Civil War Reconstructionist Robber Baron and a corruptible justice who fabricated accounts of deliberations of the constitutional amendment that ensured formerly enslaved people would be less systematically marginalized be testifying that the original version of the draft used the term “citizen” instead of person and by a patently sophistical argument by extrapolation if it was unconstitutional to discriminate on the basis of identified or attributed racial background, it stood to reason that it was equally a protected category when it came to natural versus agglomerated personhood—otherwise corporate citizenship. Though many landmark and recognisable cases appeal to the standard set by the Fourteenth Amendment: Plessy v Ferguson, Brown v Board of Education, Dred Scott v Sandford (the impetuous for the amendment that it overturned, an earlier finding that proffered Americans descended from enslaved people could not participate fully in civil society) and even latter day decisions like Gore v Bush in the disputed outcome of the 2000 presidential election or the bevvy of cases pertaining to marriage equality, the celebrity is overshadowed by the rather dull realm of the infringement by state or private institutions on corporate mission and vision whose litigations (despite the speciousness of the argument) make up the bulk of its legal exercise.