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Fundacja Dobre Państwo

Posted on Originally published at dobrepanstwo.org

The Corporate Constitutional Person in US Law | Analysis

The text analyzes the process of granting corporations the status of constitutional persons within the US legal system. A key point of reference is the 14th Amendment, which was originally intended to protect freed slaves, but through a semantic distinction between 'citizen' and 'person,' became a tool for protecting capital. The author cites Adam Winkler's analysis and the controversial role of Roscoe Conkling, who manipulated the interpretation of legislative provisions to obtain benefits for railroad companies. The article shows how economic interests and information asymmetry influenced the constitutionalization of artificial entities' rights, transforming human rights protection instruments into mechanisms for defending the contractual and property autonomy of large corporations.

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