We the Corporations: How American Businesses Won Their Civil Rights PDF Download
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Author: Adam Winkler
Publisher: Liveright Publishing
ISBN: 0871403846
Category : Law
Languages : en
Pages : 384
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Book Description
A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Author: Adam Winkler
Publisher: Liveright Publishing
ISBN: 0871403846
Category : Law
Languages : en
Pages : 384
Get Book
Book Description
A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Author: Henry N. Butler
Publisher: American Enterprise Institute
ISBN: 9780844738659
Category : Law
Languages : en
Pages : 236
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Book Description
The Corporation and the Constitution is a significant contribution to modern constitutional and corporate scholarship. It offers a coherent theory of applying the Constitution to the corporation, and it forces scholars to appreciate the developments that have taken place totally outside the realm of traditional scholarly discourse on the Constitution.
Author: Ciara Torres-Spelliscy
Publisher:
ISBN: 9781632847263
Category : Business and politics
Languages : en
Pages : 0
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Book Description
Over time, corporations have engaged in an aggressive campaign to dramatically enlarge their political and commercial speech and religious rights through strategic litigation and extensive lobbying. At the same time, many large firms have sought to limit their social responsibilities. For the most part, courts have willingly followed corporations down this path. But interestingly, corporations are meeting resistance from many quarters including from customers, investors, and lawmakers. Corporate Citizen? explores this resistance and offers reforms to support these new understandings of the corporation in contemporary society.
Author: Kent Greenfield
Publisher: Yale University Press
ISBN: 0300240805
Category : Law
Languages : en
Pages : 297
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Book Description
Why we’re better off treating corporations as people under the law—and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should corporations be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society. He argues that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.
Author: Alexander Styhre
Publisher: Edward Elgar Publishing
ISBN: 1789900778
Category : Business & Economics
Languages : en
Pages : 240
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Book Description
In this insightful book, Alexander Styhre examines how corporations, often understood primarily as economic entities or legal devices, seek to influence and shape the market and the wider society in which they operate. Given the scope of such activities in most advanced economies, Styhre argues that corporations are political agents in their own right and that they must be critically analyzed in these terms.
Author: Lysander Spooner
Publisher: Read Books Ltd
ISBN: 1447488903
Category : Philosophy
Languages : en
Pages : 60
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Book Description
Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as “the greatest case for anarchist political philosophy ever written”, Spooner’s lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
Author: Mike Lee
Publisher: Penguin
ISBN: 0698189205
Category : Political Science
Languages : en
Pages : 256
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Book Description
The still-unfolding story of America’s Constitution is a history of heroes and villains—the flawed visionaries who inspired and crafted liberty’s safeguards, and the shortsighted opportunists who defied them. Those stories are known by few today. In Our Lost Constitution, Senator Mike Lee tells the dramatic, little-known stories behind six of the Constitution’s most indispensible provisions. He shows their rise. He shows their fall. And he makes vividly clear how nearly every abuse of federal power today is rooted in neglect of this Lost Constitution. For example: • The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare. • The Fourth Amendment protects us against unreasonable searches and seizures, but the NSA now collects our private data without a warrant. • The Legislative Powers Clause means that only Congress can pass laws, but unelected agencies now produce ninety-nine out of every one hundred pages of legal rules imposed on the American people. Lee’s cast of characters includes a former Ku Klux Klansman, who hijacked the Establishment Clause to strangle Catholic schools; the Chief Justice of the Supreme Court, who called the Second Amendment a fraud; and the revered president who began his first of four terms by threating to shatter the balance of power between Congress and the president, and who began his second term by vowing to do the same to the Supreme Court. Fortunately, the Constitution has always had its defenders. Senator Lee tells the story of how Andrew Jackson, noted for his courage in duels and politics, stood firm against the unconstitutional expansion of federal powers. He brings to life Ben Franklin’s genius for compromise at a deeply divided constitutional convention. And he tells how in 2008, a couple of unlikely challengers persuaded the Supreme Court to rediscover the Second Amendment’s right to keep and bear arms. Sections of the Constitution may have been forgotten, but it’s not too late to bring them back—if only we remember why we once demanded them and how we later lost them. Drawing on his experience working in all three branches of government, Senator Lee makes a bold case for resurrecting the Lost Constitution to restore and defend our fundamental liberties.
Author: Jeffrey D. Clements
Publisher: Berrett-Koehler Publishers
ISBN: 1609941071
Category : Political Science
Languages : en
Pages : 242
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Book Description
The Supreme Court’s Citizens United decision marked a culminating victory for the bizarre doctrine that corporations are people with free speech and other rights. Now, Americans cannot stop corporations from spending billions of dollars to dominate elections and keep our elected representatives on a tight leash. Jeffrey Clements reveals the far-reaching effects of this strange and destructive idea, which flies in the face of not only all common sense but most of American legal history as well. Most importantly, he offers solutions—including a constitutional amendment to reverse Citizens United—and tools to help readers join a grassroots drive to implement them. Ending corporate control of our Constitution and government is not about a triumph of one political ideology over another—it’s about restoring the republican principles of American democracy.
Author: Gary Lawson
Publisher: University Press of Kansas
ISBN: 0700624252
Category : Political Science
Languages : en
Pages : 228
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Book Description
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
Author: Gerard Carl Henderson
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 228
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Book Description
Traces the history of the gradual evolution of two opposing theories concerning corporations active in a legal sovereignty other than that in which their charter was secured.
