Corporations, the Original Understanding, and the Problem of Power

Corporations, the Original Understanding, and the Problem of Power
Author: Ian S. Speir
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

How did Americans of the late eighteenth century conceive of the corporation and of its role in society? And how did that understanding square with the original, publicly understood meaning of the Constitution and Bill of Rights? More to the point, in the wake of the Supreme Court's controversial decision in Citizens United, would late-eighteenth-century Americans have thought that a corporation enjoyed the "freedom of speech" that the First Amendment guarantees? This paper wrestles with those questions. It attempts, first, to articulate the "original understanding of the corporation," arguing that for Americans of this period the corporation presented what might be called a problem of power. Case studies of numerous corporation controversies in the eighteenth century demonstrate that there was a recognized need both to delimit legislative authority over the creation and subsequent regulation of corporations and to limit corporate influence in private and public life. The solutions that emerged in this period were aimed at curtailing the frequency of special-interest laws, legislative partisanship, and corruption. The second half of the paper then focuses on how these concerns about corporate and legislative power square with, and are reflected in, the original meaning of the Constitution and Bill of Rights. In drafting these documents and establishing the national government, the Framers were presented with their own problem of power. This paper argues that the solutions they adopted support free speech protections for a corporate body. The First Amendment was phrased and understood as an express limitation on congressional authority. Because it aimed specifically at the powers of Congress, and not at the rights of speakers as such, text and contemporary understanding strongly suggest that the amendment limits the ability of Congress to restrict “speech,” regardless of its source. This view is buttressed by the nation's first free speech controversy in 1794, involving politically active groups that successfully repelled a congressional attempt at censure, despite the charge that their “self-created,” permanent status deprived them of First Amendment protections. By close analogy, the First Amendment as originally understood would deny Congress any ability to abridge the speech of an incorporated group. While this conclusion seems sound as a matter of text, contemporary understanding, and post-ratification practice, it is not the case that the Framers took no account of the problems of rent-seeking and corruption that preoccupied participants in contemporary debates over the corporation. To the contrary, the Framers recognized that powerful interest groups (“factions”) would shape national politics and might exercise an undue influence in public affairs. Their solution, however, was not to lodge a power in Congress to regulate and restrict these groups' participation in the political process. It was, rather, an institutional solution - a series of structural safeguards built into the Constitution and designed to limit possibilities for rent-seeking and corruption. These included the separation of powers, a bicameral legislature, regular elections, and more. Juxtaposition of these two solutions - the First Amendment's limitations and the Constitution's institutional controls - make out a strong case that, for the founding generation, a corporation would have enjoyed the First Amendment's protections for “freedom of speech.”

Corporations and Society

Corporations and Society
Author: Warren J. Samuels
Publisher: Praeger
Total Pages: 352
Release: 1987-05-21
Genre: Business & Economics
ISBN:

This volume provides an interesting evaluation of the role of the corporation in American society. The book traces the historical role of the corporation. It discusses the corporation's obligations and influence in the policy-making process of government. Business Library Newsletter The year 1986 marked the 100th anniversary of one of the Supreme Court's most important decisions, in which it unanimously held that a business corporation was a person within the meaning of the Constitution, and thus entitled to constitutional protection. The decision, made almost casually, has had enormous impact on the development of the system of corporate capitalism in the United States. This collection of original essays, written by leading authorities from the fields of economics, law, history and political science, assesses the implications of the Supreme Court ruling from a variety of perspectives. The collected essays provide a thorough evaluation of the role of the corporation, and discusses its obligations, its influence in the policymaking process of government, and its internal structure as a political order.

The Corporation Problem

The Corporation Problem
Author: William W. Cook
Publisher: Forgotten Books
Total Pages: 274
Release: 2017-09-18
Genre: Business & Economics
ISBN: 9781528289948

Excerpt from The Corporation Problem: The Public Phases of Corporations, Their Uses, Abuses, Benefits, Dangers, Wealth, and Power, With a Discussion of the Social, Industrial, Economic, and Political Questions to Which They Have Given Rise The author, in the course of the preparation of a treatise on corporation law, became familiar with many facts and principles relative to corporations, which, however, did not come within the scope of a work on law. The law of corporations is a subject distinct from that of the public phases and business methods of corporations. Accordingly the author separated the two, and having completed a treatise on the former, he now presents a book on the latter. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

We the Corporations: How American Businesses Won Their Civil Rights

We the Corporations: How American Businesses Won Their Civil Rights
Author: Adam Winkler
Publisher: Liveright Publishing
Total Pages: 485
Release: 2018-02-27
Genre: Law
ISBN: 0871403846

National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.

The Corporation Problem

The Corporation Problem
Author: William Wilson Cook
Publisher: Sagwan Press
Total Pages: 278
Release: 2018-02-02
Genre:
ISBN: 9781376530070

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Corporation Problem

The Corporation Problem
Author: William W 1858-1930 Cook
Publisher: Palala Press
Total Pages: 274
Release: 2018-03-04
Genre:
ISBN: 9781379252252

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Curse of Bigness

The Curse of Bigness
Author: Tim Wu
Publisher:
Total Pages: 154
Release: 2018
Genre: BUSINESS & ECONOMICS
ISBN: 9780999745465

From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.

The Corporation Problem, the Public Phases of Corporations, Their Uses, Abuses, Benefits, Dangers, Wealth and Power, with a Discussion of the Social, Industrial, Economic and Political Questions to Which They Have Given Rise

The Corporation Problem, the Public Phases of Corporations, Their Uses, Abuses, Benefits, Dangers, Wealth and Power, with a Discussion of the Social, Industrial, Economic and Political Questions to Which They Have Given Rise
Author: William Wilson Cook
Publisher: Wentworth Press
Total Pages:
Release: 2016-08-25
Genre: Corporations
ISBN: 9781361504789

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.