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Editorial
October 24, 1949
The Nome Nugget
Nome, Nome County, Alaska
What is this article about?
Editorial criticizes the 1886 Supreme Court decision equating corporations with persons under the Fourteenth Amendment, arguing it absurdly misapplies protections meant for human beings, and quotes Justice Douglas's dissent decrying its lack of history, logic, or reason.
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"NO HISTORY, LOGIC OR REASON"
Since 1886, the United States Supreme Court has held that a corporation is a "person" and, therefore, entitled to the equal protection clause of the Fourteenth Amendment.
The absurdity of such a conclusion is patent to anyone who considers the question involved.
The Fourteenth Amendment was passed to protect the rights of a special class of human beings in this country but astute lawyers for corporations quickly seized upon its value in connection with regulation of corporate affairs.
The decision of the high court was referred to recently by Justice William O. Douglas, in a dissenting opinion, when he declared that there was "no history, logic or reason" behind the judicial decision. He considers it "strained" construction to call corporations "persons" and expressed the view that the 1886 opinion constituted "a substantial revision of the famous amendment."
Since 1886, the United States Supreme Court has held that a corporation is a "person" and, therefore, entitled to the equal protection clause of the Fourteenth Amendment.
The absurdity of such a conclusion is patent to anyone who considers the question involved.
The Fourteenth Amendment was passed to protect the rights of a special class of human beings in this country but astute lawyers for corporations quickly seized upon its value in connection with regulation of corporate affairs.
The decision of the high court was referred to recently by Justice William O. Douglas, in a dissenting opinion, when he declared that there was "no history, logic or reason" behind the judicial decision. He considers it "strained" construction to call corporations "persons" and expressed the view that the 1886 opinion constituted "a substantial revision of the famous amendment."
What sub-type of article is it?
Constitutional
Legal Reform
What keywords are associated?
Corporate Personhood
Fourteenth Amendment
Supreme Court Decision
Justice Douglas
Judicial Construction
What entities or persons were involved?
United States Supreme Court
Justice William O. Douglas
Fourteenth Amendment
Editorial Details
Primary Topic
Critique Of Corporate Personhood Under The Fourteenth Amendment
Stance / Tone
Critical Of Supreme Court Decision
Key Figures
United States Supreme Court
Justice William O. Douglas
Fourteenth Amendment
Key Arguments
Since 1886, Supreme Court Holds Corporations As Persons Entitled To Fourteenth Amendment Equal Protection
Absurdity Of Conclusion Is Obvious
Fourteenth Amendment Passed To Protect Rights Of Special Class Of Human Beings
Corporate Lawyers Seized Upon It For Regulation Of Corporate Affairs
Douglas: No History, Logic Or Reason Behind Decision
Strained Construction To Call Corporations Persons
1886 Opinion Revises The Amendment