The Bush-Packed Supreme Court Thinks Corporations Are People Too
Friday, January 22nd, 2010 by RLRFrom AlterNet
By Scott Klinger
This week’s Supreme Court decision in the Citizens United case removes all limits on large corporations to finance and influence federal elections. In its ruling the court reverses a decades-old ruling barring companies from using their general funds to fund political campaigns, and guts pieces of the popular McCain-Feingold campaign finance legislation. In so doing the Court implicitly embraces a 125 year-old precedent in the case of Santa Clara v. Santa Fe, where the Court first developed the legal doctrine of corporate personhood, explicitly granting corporations the same political and civil rights granted to human beings (historian Thom Hartmann discovered that the principle originated with a corrupt court clerk who added it to the case summary, rather than with the court itself).
But what if we accept corporate personhood as the current reality and instead focus on changing the rules so that corporations would also have to be bound by other limitations of humanity? How would corporations be different if they were indeed human-like?
If corporations were human, they would pause for sleep and recreation. When human families vacation, they frequently go to parks or natural places which they inherently recognize as part of the commons set apart from the marketplace. Many corporations know no such bounds; if resources are available, even in the nation’s National Parks, they will seek to develop them. Today’s modern corporations are 24/7 affairs that are always charging forward. The press for continuous growth and the need to deliver the next quarter’s earnings, make corporation’s urgency and intensity toward time a threat to many communities, which have other priorities like caring for children and elders, not the tireless quest to produce more profit.
If corporations were human, they would acknowledge their dependence on a healthy community for their well-being and contribute financially to the vibrancy of the community through payment of taxes. Fifty years ago, corporate taxes made up nearly 22 percent of the federal treasury receipts; today corporate taxes contribute less than 13 percent to the federal budget. The mindset of many large corporations is that of takers, looking to be supported by society with a stream of tax credits and preferential tax rates. According to a 2008 report by the Government Accounting Office, 25 percent of large U.S. corporations paid no federal income taxes in 2005 (the latest year studied) despite reporting collective sales exceeding $1.1 trillion.
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