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Wednesday, February 3, 2010

Featured Guest Blogger: Lyle Denniston

Constitutional Cloning: How the Court Came to View the Corporation as a “Person”

Congress, it seems obvious, had real people in mind when, in 1866, it drafted what would become the Constitution’s Fourteenth Amendment, assuring protection for the rights of “persons.” As matters have turned out, that would be only partly right. A corporation, usually thought of as an “artificial being,” not a human being, is a “person” in the constitutional sense, and it has constitutional rights.