Arguing that corporations should be legal persons isn't very popular, although Pol Pot and Stalin and Mao were popular, right until the lack of any restraint on govermental power wielded in the name of the People got a lot of people killed, in Stalin's case by a belief that central planning could determine agricultural output and distribution more efficiently than the New Economic Policy of basically market driven agriculture, a belief which killed five million people by famine.
See The Harvest of Sorrow for details.
That's not an argument for pure laisse faire either, and in fact no modern country does not intervene some in agricultural markets, although very often with rather perverse results, like paying people not to grow crops and punishing them if they did so to feed their own family, the latter an example cited as the ne plus ultra of the Commerce Clause, if something that ought to scare people as to its implications of the State being allowed in theory to starve someone to death.
That was also something of a weird case, and hard cases make bad law.
But as to corporations, the Left has made much hay lately of smashing corporate power without considering any of the history of why it is that corporations came to be legal persons, if the Right ought to take more seriously the "agency issues" of corporations too. (The agency issue with corporations as usually discussed by economists is that the Agents are the managers of the firm, tasked with maximizing the Principals, the Shareholders usually, utility, although with imperfect monitoring, that might not always be the case. For example, if bonus structures are too short term, one might have a JP Morgan trader find it in their interest to gamble with firm money in a way that is adverse probabilistically speaking to shareholder interests, which is why there are reasons to regulate corporations, if carefully.)
As to why we have corporations as people, in English law, originally it took an act of Parliament to make a corporation, say to pool resources to build a toll road or bridge.
That is why the corporate form exists in no small measure, to achieve objects that individuals would be very unlikely to achieve on their own, even if Adam Smith identified, correctly, other problems that emerge with corporations as to Agency issues, if he overestimated those problems as to evolutionary fitness.
In any event, because Parliamentary acts were required, and later in their American descendants State bills of incorporation were required, there was much corruption of legislators, since there was enough money on the table as to net profit to make it worthwhile bribing legislators to pass the acts.
Unless you think that the State should allocate all Capital, like Stalin, then having many actors pursuing their own interests is safer, since their interests won't always coincide. What is good for hospitals for example is not the same thing as the drug industry, since much of what they do is potentially rivalrous in character.
That doesn't make corporations democratic internally, in fact far from it, but preserving many different centers of power is better than one center of power as to preventing Stalin.
Eventually, the English realized the corruption of the way economic entities were created under the corporate form, and allowed for free incorporation as to not requiring anything more than a simple legal procedure. The United States adopted this mainly by the example set by Justice Story in Massachusetts in the 1840s, although Marshall set the ball rolling in the Dartmouth case, because every university is a corportation too, which most economic historians would agree helped facilitate the industrialization of the United States.
Maybe the Amish were right, although if we try to reverse that process, one would expect the population to fall dramatically too.
The formalization of the notion of corporations as legal persons was somewhat curious as to having rights protected under the U.S. Constitution.
Santa Clara v Southern Pacific Railroad (1886) is usually regarded as the central case, if it was somewhat obliquely addressed.
Something so deeply rooted in American history ought to be treaded with grave caution. One could argue that a very narrow Amendment to limit campaign contributions by for profit entities would be feasible to do without creating the Soviet Union, although to totally abolish the legal personhood of corporations would be a truly awesome step as to taking away any freedom of association, as Planned Parenthood is a corporation, as in careful what you ask for with all this enthusiasm lately of abolishing the legal personhood of corporations.
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Another reason (which I haven't seen discussed elsewhere), if corporations are legally people you have to join all stockholders in a lawsuit. With corporate personhood you just need to get one defendant in court to be able to mulct them in damages. If you had to bring in all stockholders as necessary parties, you could never sue anything but mom-and-pop corporations, who don't have the deep pockets.
Hi onislandtime. I understand that corporatations raise governance issues, which is why regulations have a place, weighing things. I think the free speech argument is one people may have overdone, as barrier to entry are pretty low now, sort of, if universitites raise them in other ways per their Guild system.
Hi Con. Thank you for coming over both, and nice to see you vzn too. JP Morgan is a classic agency issue, if whether or not that means more than that I think remains to be scene other than caveat emptor as a decision rule. Some people think sometimes regulations actually make people not think as much, since it's supposed to be safe. Maybe that's too far too, although in that particular case, reporting under different distributions statistically would have avoided a lot of problems.
But I'm with a few other commenters here, including you and Drew-Silla, in thinking that corporate personhood goes too far in the area of speech. I don't think any individual's right to free speech is abridged if a corporation isn't allowed to do some sorts of things. Also, I see difficulties where responsibility for some act is so diluted throughout a corporation that it can't be attributed to individual people; I've read about court cases where I've thought, "If a real person did this, it would be a crime," but the corporation was only subject to civil penalties. There's an asymmetry in legal punishments for bad acts.
As an example, perhaps you want them to sign contracts? Fine, just say “A corporation can sign contracts as if they are people.” But saying they are people goes well beyond that, creating implied new rights such as the recent and much more questionable rights to both speech, privacy, etc. These are not by any means necessary for businesses, and anyone who thinks they are should have to propose these rights individually.
Same for protection from suit, which could be accorded without it being a Cable TV style package of channels you didn't want but were forced to take because the channel you want is not offered a la carte.
Those who oppose corporations as people are not in most cases saying that they don't think a company should be able to borrow money, they're saying don't make the price of that be that we contort the dictionary, common sense, and the political system to conform to contrived needs not relevant to the actual need you're trying to achieve. Overturning the concept could be done by passing legislation saying “Hey, they're not people but they are still able to ...” and then the necessary things could remain stable while the ridiculous stream of newly invented implications was cut off.
Havign said that, if you had individual accounts on Sovial Security, that would in theory have the potential to alingn management and labor interests better, as to what's represented when corporations "speak." Universiteies speak too, as do non-profits, if we tend to assume the latter have better motives, which may or may not be true.
"Nothing in the U.S. Constitution or interpretation thereof as to for profit corporations shall imply a right of free speech as to campaign donations," although even then, the more I think about it, the more it seems to me that corporations in fact represent interest groups as to industry, which aren't always on the same page, although, and Madison wondered about this, once you don't live in an agrarian world as to ownership of the means of production, that is an argument for having Social Security buying equities as to interests, as opposed to command centralization.
Why does a corporation need the protections of the 8th or 21st amendments? If they are in no danger of ever needing those protections, why do they have them? It's the same reason we do not guarantee the right to non-corporeal space travel in our constitution for people - can't happen, therefore, don't need it.
When someone can competently answer that question, I'll change my tune.
Also, the only thing Madison feared more than standing armies were financial institutions, which were the closest thing to what we think of as a modern corporation at the time.
"History records that the money changers have used every form of abuse, intrigue, deceit, and violent means possible to maintain their control over governments by controlling money and it's issuance." — James Madison
"I believe that banking institutions are more dangerous to our liberties than standing armies.
Already they have raised up a monied aristocracy that has set the government at defiance. The
issuing power (of money) should be taken away from the banks and restored to the people to
whom it properly belongs." — Thomas Jefferson, U.S. President.