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View Diary: Should we amend the US Constitution? Justice Stevens thinks so, incl. 2nd Amendment (new book) (321 comments)

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  •  I don't think that fixes Citizen's United (3+ / 0-)
    Recommended by:
    Sharon Wraight, Smoh, Shockwave

    remember, the premise of that ludicrous ruling was that corporations are people too.

    KOS: "Mocking partisans focusing on elections? Even less reason to be on Daily Kos."

    by fcvaguy on Sun Feb 23, 2014 at 08:15:08 AM PST

    [ Parent ]

    •  The ruling went wrong eslewhere, too! (4+ / 0-)
      Recommended by:
      fcvaguy, Sharon Wraight, Smoh, Shockwave

      They also ruled that money is speech. This unleashed the torrent of unlimited, anonymous money spent on buying election results.

    •  fcva - that was NOT the ruling of Citizens United (4+ / 0-)

      In fact the majority made a very clear distinction between the rights of "human persons" and "groups of people" such as clubs, unions and corporations. The Court made no ruling on issues such as "corporate personhood" or the notion that "corporations are people too". The SCOTUS has never ruled that corporations have all the same rights as "human persons" in CU or any prior Supreme Court case, however it has somehow echoed through the Internet that they have on both.

      Regarding Romney's completely inaccurate remark that "corporations are people too", I would have expected more from someone who graduated cum laude from Harvard Law School, although he never did practice law.

      "let's talk about that"

      by VClib on Sun Feb 23, 2014 at 12:28:40 PM PST

      [ Parent ]

      •  asdf (0+ / 0-)
        The SCOTUS has never ruled that corporations have all the same rights as "human persons" in CU or any prior Supreme Court case, however it has somehow echoed through the Internet that they have on both.
        But they did say that corporations have equal 1st amendment protection, as well as standing to sue under the 14th amendment which explicitly applies only to persons.

        Politics means controlling the balance of economic and institutional power. Everything else is naming post offices.

        by happymisanthropy on Sun Feb 23, 2014 at 02:14:39 PM PST

        [ Parent ]

        •  The ruling was more narrow (1+ / 0-)
          Recommended by:
          Sharon Wraight

          and not related specifically to corporations. What the Court ruled is that certain First Amendment rights are not limited by who is speaking. So clubs, unions, and corporations "groups of people" have the same rights of political speech as people, as long as that speech isn't coordinated with campaigns. People have the right to make actual campaign contributions while corporations are prohibited from making campaign contributions to candidates for federal office by The Tillman Act of 1907.

          I don't have time to go and read again the CU majority opinion but as I recall the majority did not rely on the 14th or provide "groups of people" any new rights under the 14th. The ruling was based on the First Amendment and several precedents, primarily Buckley v Valeo.

          This is an interesting article from truthout that touches several of the issues you raised.

          http://www.truth-out.org/...

          "let's talk about that"

          by VClib on Sun Feb 23, 2014 at 05:45:38 PM PST

          [ Parent ]

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