Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Lets FULLY apply Personhood to Corporate Entities

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:13 AM
Original message
Lets FULLY apply Personhood to Corporate Entities
If a Corporation commits a Crime - ALL the listed members of the entity go to jail. No more singling out a "Fall Guy" or offering "Cash Settlements" - the Law has been Broken the entire Entity needs to do the time

Corporation goes Bankrupt - which Bankruptcy rules apply. Currently Individual Bankruptcies differ greatly from Corporate Bankruptcies. This would conflict with the 14th Amendment granting "Equal Protection under the Law"

And last but not least - Taxes. Again Equal Protection under the law.

They can't have it Both Ways. Either your a Corporation (legal shield to hide behind) or your an Individual. They want to have the Constitutional Rights of the Individual, they need to suffer the same consequences as the Individual
Printer Friendly | Permalink |  | Top
adamuu Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:14 AM
Response to Original message
1. You can throw all the owners in jail, and the corporation will still be free.
That is why corporations are not people.
Printer Friendly | Permalink |  | Top
 
FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:17 AM
Response to Reply #1
3. Not according to SCOTUS
They are people now

14th amendment "Equal Protection under the Law"

So all the Listed Trustees of the Corporation would have to go to jail
Printer Friendly | Permalink |  | Top
 
Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:19 AM
Response to Reply #1
4. Then put the corporations under the control of the government for the duration of the sentence
Printer Friendly | Permalink |  | Top
 
FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:24 AM
Response to Reply #4
5. Why would a Corporation be allowed to continue operating
while serving a sentance ?

Is an Individual Allowed to operate a business while serving time in State Prison?
Printer Friendly | Permalink |  | Top
 
Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:34 AM
Response to Reply #5
8. Individuals can be put to work while in prison, can't they?
Printer Friendly | Permalink |  | Top
 
FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:40 AM
Response to Reply #8
11. Making License plates maybe
I don't see how this ruling DOES NOT conflict with the 14th Amendment.

If you grant the Rights of the Individual to Corporate Entities then they must be treated Fair and equitably. Equitably meaning what applies to the Individual MUST apply to the Corporate Entity.

Is some one going to post the transcripts of the arguements presented the court. I got to hear this one
Printer Friendly | Permalink |  | Top
 
Jeff In Milwaukee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:35 AM
Response to Reply #1
9. Actually, I think it's the other way around....
Not a lawyer here, so correct me if I'm wrong.

But if I understand it correctly, the pernicious effect of corporate "personhood" is that it SHIELDS the human offenders from prosecution. Don't blame me! Blame the Corporation! And since you can't put a corporation in jail, the only alternative is economic fines while the people who acutally DID THE CRIME have no sanctions.

Once again, my interpretation might be wrong.
Printer Friendly | Permalink |  | Top
 
FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:47 AM
Response to Reply #9
15. That is the $64Million Dollar question
In Effect yesterday's ruling reinforces an earlier ruling (1907) that Corporate Enities are individuals and should have the same rights as individuals granted by the constitution.

My question being if the Corporate Entity (listed board of trustees) has the Rights of the Individual then it must be (by the USA Constitution's 14th amendment) be treated Egaully under the Law

That is what is so wrong about yesterday's ruling. Corporations obviously have special rights and protections not offered to the Individual.
Printer Friendly | Permalink |  | Top
 
annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 07:37 AM
Response to Reply #1
28. It must be disincorporated and it's assets seized then. . . . n/t
Printer Friendly | Permalink |  | Top
 
adamuu Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 09:24 AM
Response to Reply #28
29. On this eve of this action, the corporation can sell all its assets to some other corporation
and its executives can all go work for some other corporation, too
Printer Friendly | Permalink |  | Top
 
dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:15 AM
Response to Original message
2. I think it is funny that people who are not here legally don't get sone rights but corporations do
It's so backwards.
Printer Friendly | Permalink |  | Top
 
zeemike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:26 AM
Response to Original message
6. But unlike people their charter grants them limited liability.
they have a get out of jail free card.
Printer Friendly | Permalink |  | Top
 
endless october Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:32 AM
Response to Original message
7. k/r
Printer Friendly | Permalink |  | Top
 
rug Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:36 AM
Response to Original message
10. Will they be allowed to marry?
Printer Friendly | Permalink |  | Top
 
FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:41 AM
Response to Reply #10
12. Good question................
only if they are opposite sex maybe
Printer Friendly | Permalink |  | Top
 
City Lights Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:42 AM
Response to Reply #10
13. Yeah, and with multiple partners. That's how they become too big to fail. nt
Printer Friendly | Permalink |  | Top
 
OnionPatch Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:57 AM
Response to Reply #10
18. I think each corporation must declare a gender.
And ONLY opposite-sex corporations should be allowed to marry, or else it will destroy the institution of traditional marriage!

Printer Friendly | Permalink |  | Top
 
davidpdx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:45 AM
Response to Original message
14. I agree
And it's maybe a little sick to say this...but it is too bad corporations aren't personhoods, because then we could murder them.
Printer Friendly | Permalink |  | Top
 
FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:48 AM
Response to Reply #14
16. edit please
that is a little too over the top
Printer Friendly | Permalink |  | Top
 
Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:57 AM
Response to Reply #16
17. +1
Printer Friendly | Permalink |  | Top
 
alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 09:05 AM
Response to Original message
19. No...we have to develop a system that punishes the CORPORATION as an entity
Life without Parole = $200 billion dollar fine.

And you can get that for killing even ONE person (usually, a corporation has to kill hundreds or thousands before anyone lifts a finger). The GROUP intention of the corporation becomes the target of the criminal action.

Manslaughter would result in a $15 billion dollar fine.

We need to apply the same out of control criminal penalties we've done with individuals. Tough on corporate crime = ZERO tolerance. First offense may result in complete NATIONALIZATION for a designated time period (in the same way a private person is essentially "nationalized" in the prison system).

We need to set up a Federal Department of Corporate Corrections that runs companies convicted of criminal offenses.

The corporation's "intention" need not be the intention of any one or group of individual persons within the corporation; premeditation and malice can be read as a corporate quality rather than the quality of any individual component. Furthermore, under capital murder statutes, any involvement in a criminal enterprise at all attaches to everybody involved, including subsidiaries.

I agree: don't "resist" corporate personhood - take it to its ultimate logic.
Printer Friendly | Permalink |  | Top
 
Bluenorthwest Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 09:07 AM
Response to Original message
20. When does Corporate life begin?
At the moment of drafting the charter, or at the first board meeting? What is the Pope's position on that one?
Printer Friendly | Permalink |  | Top
 
kenny blankenship Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 09:08 AM
Response to Original message
21. Inheritance taxes for corporate "persons"! Everytime they switch the CEO
Edited on Fri Jan-22-10 09:24 AM by kenny blankenship
Seize half of the corporation's accumulated net worth for the IRS. That's only fair since it's how they treat real persons.
Printer Friendly | Permalink |  | Top
 
eppur_se_muova Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 07:30 PM
Response to Original message
22. Mostly, we need a Corporate Death Penalty.
Funny how the Repugs just love applying the DP to poor folks who got poor representation or were railroaded by collusion among prosecutors, police, and judges. But when corporate malfeasance leads to loss of human lives, why isn't the corporation simply terminated -- denied its license to continue as a business? The company assets can be sold off or absorbed by other companies, so there doesn't even need to be an excessive loss of jobs among the rank and file.
Printer Friendly | Permalink |  | Top
 
AlphaCentauri Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 07:34 PM
Response to Original message
23. Will they have to pay taxes like the rest of us?
Printer Friendly | Permalink |  | Top
 
OneBlueSky Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 06:23 AM
Response to Original message
24. fully applying personhood would limit the lifetime of a corporation to . . .
100 years or less . . . after a century, they would have to liquidate all of their holdings and go out of business . . . in other words, die -- just like the rest of us persons . . .
Printer Friendly | Permalink |  | Top
 
IDemo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 06:44 AM
Response to Original message
25. I wonder how a citizen's arrest would go?
Maybe it's time to find out.
Printer Friendly | Permalink |  | Top
 
Trillo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 06:53 AM
Response to Original message
26. How do you define "listed members"?
To wit: "ALL the listed members of the entity go to jail"

Printer Friendly | Permalink |  | Top
 
Learning Nomad Donating Member (94 posts) Send PM | Profile | Ignore Sat Jan-23-10 06:53 AM
Response to Original message
27. This is wrong on so many levels
But let's just start at the beginning. Please identify which groups aren't entitled to free speech. The NYT, the WSJ, the National Enquirer, the ACLU? Your analogies in other respects are just stupid.
Printer Friendly | Permalink |  | Top
 
depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 09:26 AM
Response to Original message
30. How about a corporate death penalty?
Edited on Sat Jan-23-10 09:26 AM by depakid
One too many- or a sufficiently egregious act- and they're liquidated.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Fri Apr 26th 2024, 02:56 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC