Liberate the Corporations?
In the United States, corporations are considered persons and hence it was ruled that
they are entitled to 1st Amendment rights, specifically freedom of speech. While I have argued in other posts that corporations are not persons, I have also played with the idea of accepting corporations as people and seeing where this leads.
Now, if it is assumed that corporations are persons and are thus entitled to 1st Amendment rights (at least in the United States) it would certainly seem to follow that they are entitled to all the rights of persons. Or, at the very least, the other constitutional rights.
Corporations can, of course, be owned. In fact, common stock is bought and sold as a matter of routine business and provides an ownership share in a corporation. Since corporations are people, this means that people are being allowed to legally own other people. Owning another person is, of course, slavery. While slavery was legal at one time in the United States, the 13th amendment is rather clear on this matter:
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Now, if corporations are entitled to 1st amendment rights because they are people, it follows that they must also be entitled to 13th amendment rights. That is, corporations have a right not to be owned by other people. Thus, corporations must be set free from their owners and all such ownership must be declared null and void.
It could, of course, be argued that this is absurd. I agree-but this conclusion follows directly from the same logic used to argue that corporations are entitled to 1st amendment rights. So, if it is absurd for corporations to have 13th amendment rights it follows that it is equally absurd for them to have 1st amendment rights.
It could, of course, be argued that corporations are special sorts of people and are such that they do get 1st amendment rights (that is, they can engage in unlimited spending in politics) but they do not get certain other rights, such as not being slaves. After all, the constitution also includes the following:
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
The “other persons” were, of course, slaves. Perhaps corporations can be considered a certain fraction of a person in regards not to representation but to rights. So, they get the all important right to spend money in politics on the basis of being persons while being denied the right not to be owned as slaves. I am not sure what the percentage would be or how this would work out, but I am sure that a clever lawyer could make it happen.
In fact, it could be argued that enslaving persons is just a return to an old American tradition-only now we are enslaving corporation-Americans rather than African-Americans. This is not to trivialize the brutal treatment of those toiling under the lash of slavers, but to make the point that it is absurd to think of corporations as people. If it is not absurd and corporations are people, I demand that the corporations be set free!