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anigbrowl

(13,889 posts)
37. Get real.
Wed Jan 6, 2016, 11:19 PM
Jan 2016

Apparently my point about how and why Courts construe things as they do sailed over your head, as did my observations that corporate personhood can be dated back to the Roman empire. I know you wish they did things differently, but they don't.

Had the original authors seen the history from that amendment onward, you could be damn sure that they would have put the term "natural" in front of the used and abused ambiguous "person" reference in that amendment.


No, that's what you think they should have done. And while you are fully entitled to this opinion, and I agree with you about the problems that have resulted, you don't have the time machine and the crystal ball that would enable you to make decisive statements about what the authors of the amendment were really thinking and why they didn't put their real ideas down in paper form, even though they were the political and legal elite of their day. Again, I agree with your policy idea that corporate rights would be much better handled legislatively, but then your focus should be on pushing a constitutional amendment for that, not demanding that courts interpret the Constitution as if it had been written differently.

That's interesting that Thom Hartmann has written a book about it, but he is neither a historian nor a lawyer. When it comes to matters of constitutional interpretation, I prefer to rely on my legal casebooks. And they tell me over and over again that wishing missing words into the Constitution doesn't win cases. I'd like to see Citizens United overturned too but this 14th amendment missing word argument will not be the vehicle.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Bernie Sanders TSIAS Jan 2016 #1
Let them add it to the 'the record' vkkv Jan 2016 #2
Either of them gwheezie Jan 2016 #3
Yes, Hillary won't jeopardize Roe, ... JustABozoOnThisBus Jan 2016 #13
+1 cui bono Jan 2016 #32
The early voting doesn't look good for the Hillary Forum where they vkkv Jan 2016 #4
Someone that doesn't like debate JackInGreen Jan 2016 #10
That's quite ironic Art_from_Ark Jan 2016 #11
Oh that is priceless, especially the 'Billary' comment. Kentonio Jan 2016 #20
How earth DID you find THIS from 2008 ?? vkkv Jan 2016 #22
I kind of stumbled on that a few months ago Art_from_Ark Jan 2016 #28
Probably Bernie Kalidurga Jan 2016 #5
This message was self-deleted by its author vkkv Jan 2016 #6
Let's see, at this point 88 views..18 votes.. that is 70 Hillary supporters who are afraid to say vkkv Jan 2016 #7
Bernie - 3 to 1 at this point - Hillary Forum fans can .. you know what! vkkv Jan 2016 #8
Definitely would pick a justice that would reverse "corporate personhood" decisions... cascadiance Jan 2016 #9
Actually, Bernie's position on CU, appropriately, is much narrower than that onenote Jan 2016 #17
Corporate Personhood is larger than Citizen's United... cascadiance Jan 2016 #18
Do you think the NAACP, MoveON, DU, and unions should not be protected by the First Amendment? onenote Jan 2016 #23
They nor corporations are NOT "natural persons" and aren't given rights by the 14th amendment... cascadiance Jan 2016 #24
So you would have allowed the NY Times to be prosecuted onenote Jan 2016 #25
Sorry, but the Bill of Rights was designed for NATURAL persons, not artificial persons... cascadiance Jan 2016 #26
The "press" could be an individual. You can't have it both ways onenote Jan 2016 #30
The press itself is mentioned specifically in the constitution. Corporations are not! cascadiance Jan 2016 #33
the reason we have a first amendment is that we cannot trust the legislature to protect speech onenote Jan 2016 #34
The flaw in your argument anigbrowl Jan 2016 #35
The flaw in your argument... cascadiance Jan 2016 #36
Get real. anigbrowl Jan 2016 #37
Then I guess you must just love the Hobby Lobby decision if you love corporate personhood rights! cascadiance Jan 2016 #40
Oh please anigbrowl Jan 2016 #41
corporate personhood is centuries old and not going away Recursion Jan 2016 #44
NO, there is NO reason we can't have LEGISLATED LAW to permit them being sued... cascadiance Jan 2016 #45
Sorry, you must have replied to the wrong post Recursion Jan 2016 #46
The reality is that there wouldn't be much difference in who they would pick onenote Jan 2016 #12
This, plus firebrand80 Jan 2016 #14
I agree Enrique Jan 2016 #38
Both. n/t Nonhlanhla Jan 2016 #15
I think both would do an equivalently good job el_bryanto Jan 2016 #16
Not even close. 99Forever Jan 2016 #19
Hillary Forum can't be happy about THESE results! vkkv Jan 2016 #21
The democratic president.... AuntPatsy Jan 2016 #27
I think either would select fine nominees TeddyR Jan 2016 #29
ACTUAL kindergarteners would nominate better SC justices than the GOP Congress. Ken Burch Jan 2016 #31
Their picks would probably be identical or close to it DFW Jan 2016 #39
Pretty much. Recursion Jan 2016 #43
Meh. There's a fixed set they're drawing from Recursion Jan 2016 #42
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