August 13, 2011

No, corporations are not people

A well regulated militia, being necessary to the security of a free state, the right of the corporations to keep and bear arms, shall not be infringed. — The Second Mitt Romneyment
Even Ezra Klein was duped by Mitt Romney.

For some limited purposes, corporations are "persons," according to the federal courts, but corporations are not people. Outside of legal jargon it may sound the same but it can't be the same because the U.S. Constitution refers to both "persons" and to "people" in different places throughout the document. Unless, of course, you're really, really cynical:
The House of Representatives shall be composed of Members chosen every second Year by the Corporations of the several States ...

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the corporations.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the corporations.*

The Senate of the United States shall be composed of two Senators from each State, elected by the corporations thereof ...
Well okay, maybe not cynical, just realistic.

* This, by the way (the Tenth Amendment), is the easiest defense to ill-formed comparisons between "Obamacare" and "Romneycare."

Just because Congress can't force the PPACA's individual insurance mandate that doesn't mean Massachusetts can't. But when even Chris Wallace, the Fox "News" Network's top "newsman" doesn't understand federalism, the fundamental American constitutional principle, I wouldn't expect the "Obamneycare" comparisons to melt away any time soon.

No comments: