2. the people rule Definition of “democracy” From Greek:
Demos (the people) + Kratia (power) =
the people rule
Democracy
Republic
~ signed by 64,497 and counting…

3. First 3 words of our Constitution?

4. Constitution & Bill of Rights
“We the People”
Sovereign
Private
RIGHTS
Government
Accountable
Public
DUTIES

5. The Idea: Sovereign self-governance
Checks and Balances
Legislature
Executive
Judiciary

6. What is a corporation?
Cor-por-a-tion n. 1. A body of persons acting under a legal charter as a separate entity having its own rights, privileges, and liabilities.
“artificial entity”

7. Corporations & the King
20 corporations chartered to the King
Corporations could levy taxes, pass laws, raise armies

8. Who controlled corporations?
RIGHTS
“We the People”
Government
DUTIES
Approved corporate charters
Limited corporate life
Approved corporate purpose: for-profit required public benefit
Restricted activities: e.g., prohibited political activity
Revoked charters if terms violated
“artificial person”

9. Supreme Court is supreme
Concept of “Judicial Review”
What happens when an Act of Congress conflicts with the U.S. Constitution?
1803
Legislature
Executive
Marbury v. Madison
Judiciary
Supreme Court is supreme
John Marshall Chief Justice

10. 1819 Corporations gain “standing” in the Constitution
Did state legislature unconstitutionally interfere with Dartmouth's rights under the Contract Clause?
Corporations controlled by constitutional law (federal courts), not state law (legislatures)
Dartmouth v. Woodward
1819
Corporations have standing in Constitution

11. A warning from a Founder“
Our country is now taking so steady a course as to show by what road it will pass to destruction… by consolidation of power first, and then by corruption… The engine of consolidation will be the federal judiciary…”
~ Thomas Jefferson, 1821

12. 1800s: Struggle for human rights

13. The “birth” of corporate persons
“… nor shall any State … deny to any persons within its jurisdiction the equal protection of laws.”
African American Men+
Corporations
19 Cases
288 Cases
1868

14. The “birth” of corporate rights
1886
Corporate persons = HUMAN persons
Corporate persons entitled to constitutional rights
Santa Clara County v. Southern Pacific Railroad
14th Amendment

15. Supreme Court re-allocated power
“We the People”
Sovereign
Private
RIGHTS
14th Amendment
Government
Accountable
Public
DUTIES

16. Two ways to recognize rights
People
Corporate Persons
People-made law through Congress
Judge-made law through judiciary

17. To be continued…