This is a cogent and brilliant idea. For those who aren't familiar with the story behind how corporations got this enormous status, check out the indie film "The Corporation". By undoing this travesty wrought by the Supreme Court, and by several successive legal decisions, we would go a long way to recovering the balance of power towards individuals and communities in this country. Great suggestion!

I found your suggestion intriguing.  The reason is that I have been suing two large entities, in several legal forums, for the last ten years, without representation.  Although my case is an employment discrimination case, my only successes have occurred when the judges have determined that the Fourteenth Amendment has been violated.  As to all other legal issues, the judges always fail to find in my favor and always miss the point.  Therefore, I was not surprised to learn that corporations are viewed as an entity that have a right to due process and equal protection under the law.   It only backs up my view that judges cling to the Fourteenth Amendment like a baby blanket.  Of course, that doesn't answer the question as to why corporations are so successful in courts.  I am immediately reminded of the old rent control laws in Berkeley, which were considered so radical and unfair to landlords that they were declared unconstitutional.  This is, from my perspective, a bad thing.  On the other hand, I noticed that courts have awarded individuals huge sums of money for the discriminatory conduct of a corporation's supervisors.   This is a good thing.  In either case, there is a loser and a winner and that is, for me, the problem that I have with the whole justice system.  Therefore,  I question whether changing the legal status of a corporation would lead to more humane judgments.   My preference would be to put courts in place that work to come up with equitable solutions with no thought to due process and equal protection. 

I couldn't agree with you more. the concept of a corporation being considered a person with all the same legal rights afforded to it as human beings do, is an absolutely absurd concept. It makes me want to ask a rather obvious question, "If a corporation is a person, then what kind of person is it?" There is a great documentary on this exact subject matter called "THE CORPORATION" it is an absolute must see for anyone who cares about this paticular subject matter

Corporations have one concern which is their bottom line.  Corporations use their money, power and lobbyists to influence our elected officials leaving taxpayers fighting for any kind of recognition.  When corporations are able to feel compassion for a human being then maybe they should be given the same rights as human beings.  It's time to level the playing field between corporations and we the people.       

This is also one of my pet themes.  When a flesh-and-blood human commits a crime, s/he goes to prison.  But when a corporation commits a crime, can we send a corporation to prison?  Usually the corporation's executives will get a slap on the wrist and be told not to do it again, but they will do it again anyway.

I certainly agree with the other comments that this is indeed a great idea.  Inanimate power structures (ie, the corporation) should not enjoy the same rights as living, breathing human beings.  It's patently absurd.

However, I do worry that this perspective might be too 'heady' for the average American.  Obscure historical references have been proved, time and time again, to fly right over the head of the citizenry.  We are simply not an informed and curious people... it pains me to admit.

I would argue for a more marketable strategy: Outlaw All Corporations.  It's easier to demonize and remove a pathology than to educate the populus on the intricacies of its many ill consequences.  Don't make people think about 'personhood' or the law, etc., make them act! 

Basically, I want to win.  I'm tired of fruitless philosophical discussions.  Lord knows corporate boardrooms don't waste time like the progressive activist community.

I once said to my colleagues:  "Stop pretending this institution can be hurt.  People can be hurt."  Ed, you got it right with this one.
Donna Marsh O'Connor

Bill Moyers also touched on this issue, (or was it NOW, with David Brancaccio?)  Perhaps both.  In any case, I definitely agree with the premise of the author of this idea that this is one of the root causes of capitalism gone wild and all the current corruption in government and business in this country.  The mainstream media will never give this the coverage it deserves, somehow, we need to get the word out on the importance of this issue.  Start by writing your representatives in Congress to let them know there are those of us who are aware of this issue and demanding change now!

Here here!

This is critical, but hardly a new idea. The problem is progressives seem unwilling to work and fund groups and camapigns that are focused at the roots of this problem, which will take many years to systematically dismantle.

Folks looking to learn more on this topic Ted Nace's "Gangs of America," Charlie Cray and Lee Drutman's "The People's Business," and Thom Hartmann's "Unequal Protection" are all worthy reads. Also, ReclaimDemocracy.org has a huge library of articles and papers on the topic.

This is one of the central issues of our time.  Women's International League for Peace and Freedom (90+ years of progressive action) started an "Abolish Corporate Personhood" campaign in 2001.  This is an opportune time to build coalitions and public support in communities all over the country around the notion that only human beings should govern. Corporations have no “business” impersonating us! Besides bringing up this issue with the Obama transition team, we can insert the issue of corporate personhood into all election campaigns; pass town/city resolutions abolishing corporate personhood in our communities; change the ACLU position on corporate free speech. The leadership team of WILPF’s campaign to Challenge Corporate Power, Assert the People’s Rights can serve as a clearinghouse for activities and a resource for further actions. Tackle corporate personhood with gusto and let us know what’s happening! POCLAD (Program on Corporations, Law and Democracy) and WILPF have created study guides for doing this - check out the Abolish Corporate Personhood section at www.wilpf.org. 
    This is so critical - let's ask President-elect Obama to boldly make this a central part of his attempt to reign in the excesses of our flailing economy, and in restoring our democratic rights.
  

Women's International League for Peace and Freedom (WILPF) has developed a comprehensive course on the history of corporate power and ways to challenge its present threat to democracy. You can download the WILPF study guide at www.wilpf.org (click on Corporations v. Democracy in the left-hand column, then Study Groups).  
James Allison  

Thanks to all whose attention to this campaign has resulted in making this a viable recommendation to the incoming administration.  This will make a world of difference in restoring power to the people!  Please also see the Idea at the link below which I've just posted.  I think you'll like it!

http://www.change.org/ideas/view/voting_with_dollars_-_reform_the_irs

Hope is high for significant change.  However, until court-conferred constitutional rights for the corporate form are revoked, we will not get corporate money out of our electoral process nor deep-pocket lobbyists out of the faces of our elected officials and regulatory bodies – thus limiting or blocking progressive changes in health care; foreign & military policy; labor law; economic, energy, environmental, education policy.... and more. See www.poclad.org and www.wilpf.org for resources.

I just hope this isn't too good to be true. Sadly, I realize that the oligarchy will not allow It's rights to be infringed upon. I hope and secretly pray that the citizens and people can revoke the right to personhood from Corporations, as it defies logic and stands in the face of basic Human Rights. I also see that the Oligarchy will percieve this as the peasants claiming that the nobles have no right to rule, and historically the nobles have not responded lightly to such claims. Still, I hope, I can always hope.

Thom Hartman has discussed this a lot.  It is definately a key problem distorting and twisting the actions we should be taking to deal with the life threatening issues bearing down on us at this time

Here's a nicely written booklet on the history of corporations since prior to the founding of the United States.

Makes for nice reading and covers all the laws that were changed to get things to this point, without boring you to death with legal details.

http://www.gangsofamerica.com/gangsofamerica.pdf

Take away personhood or take away limited liability. I don't see why corporations should have both.

The difference between persons and corporations is that persons will die someday.  Corporations never have to die.  They can go on forever; in other words, they are Immortal.  Do we really want Immortals walking among us?

This should never have been allowed. Personhood is a bizarre accident that has enabled fascism: government of, by, and for corporations. It is long past time to correct this huge error in our legal history. We will never have anything approaching a healthy society until we begin by changing this fundamental flaw in the "capitalist" system, which not only functions as corporate socialism but allows corporations to run amok with unchallenged freedom from all restraint.

This is really a wonderful idea to begin to take back our country.

I strongly support reversing Santa Clara County vs. Southern Pacific Railroad and encourage this administration to appoint USSC justices willing to overturn the precedent and to promote in Congress legislation to achieve the same effect.  After all, the so-called strict constructionists on the current court claim to defer to the clear wording of the US constitution - which says nothing about corporate personhood - and they say they also prefer change via elected officials rather than judicial fiat, which presumably covers judicial fiat by clerk error.  However small the chance this administration will take these recommendations to heart, we should push the envelope on that chance; it's that important.

I read somwhere recently that Justice Rehnquist had actually made some comments that this was a historical mistake that needed to be fixed, but then he died and obviously John Roberts had no intention of doing any such thing.

Corporations can be traced back to the early colonialization of newly "discovered" lands. They were meant - and still are - to protect ownders (shareholders) from legal action.

The SCOTUS decision simply codified that in U.S. law.

I agree this should never have been allowed and should be reveresed.

I believe that this change is essential if we are ever going to have accountability from the corporations that have so much power over all of our lives.  This change would provide an essential tool to all of those working for a more equitable distribution of wealth--and I DON'T apologize for that phrase, it's an honorable one--in this nation.

The world is calling for justice.

yes, end it.

This change is necessary if we wish to remain a democracy. When corporations have "inalienable" rights - people don't.

I would further suggest requiring all corporations to prove their continuing right to exist every so often - say, every twenty years or so. Any corporation which fails in such proof should be dissolved immediately.

Can we please, please make this a reality??

This is long overdue

IMO, this is THE thing that will bring sanity back into our cultures.

Corporations want all the benefits of personhood without the responsibility.

If your next door neighbor is stinking up the neighborhood with junk cars, burning trash, or other disgusting habits, you can call your city's code enforcement and they'll get a ticket.

But if there's a major polluting industry in your part of town, just try getting them to stop.

This "personhood" thing is a joke, and it needs to end NOW.

yes , repeal this corporate welfare!

When a corporation has to go and have a colonoscopy I will agree that they are people!

Great idea!  You've got my vote.

Yes, definitely a great idea for reigning in corporate power and returning the corporation to what it should be -- a useful economic tool.

Corporations are treated not as humans in our society, but as superhumans. Personal bankruptcy laws have gotten more punitive over time, but corporate bankruptcy law assumes it is in society's best interest to preserve a failing corporation as a going concern (preserve jobs, yada yada yada).

From a practical standpoint, it may make sense in many cases to do what we can to help faltering corporations -- BUT... from a moral standpoint, we should demand the exact same treatment for individuals who find themselves in dire financial straits. We don't, and that's why I think this is a great idea to promote.

Even if the special status for corporations isn't revoked outright (I doubt it will be, to disruptive in the short term), promoting this idea in a highly visible fashion will cause a much needed national dialog about the legitimate role of corporations in our society. Right now, such dialog is limited to lefties and some left leaning libertarian types. Given that the current recession seems to have affected nearly everyone in nearly every economic class, this is a great time to get people's attention on what might normally be seen as an esoteric issue.

I agree that corporate personhood should be ended (although I think that some of the language involved in the proposal is a little excessive).
Those decisions based on the misreading of the headnotes need to be revisited, too.

This decision and the creation of the Federal Reserve are in my opinion the two most destructive acts ever commited against the American people.

Is bankruptcy of a corporation equivalent to death? If so, could a CEO be charged with murder? Wrongful death? I doubt it.  Corporations have enjoyed the privileges but not the responsibilities.  I say we make corporations what they are, an organization created by people.  Unless we consider them "Gods", the corporation should not be a person.  What it should be is a question.

When entire corporations can be jailed, they can be treated like persons.

They are killing us.  No morals, no conscience, no consequences, no motive but profit.  We should return to the original concept of corporations:  Limited in scope and duration, dissolved upon completion of their goal.

This should be first priority because there can be no peace movement worth mentioning until we put the brakes on the military-industrial complex. Nor can we hope to have sanity in the financial markets until the influence of large corporations is reined in.  I am dismayed to see the establishement of a peace department and secretary holding first place. It will be meaningless without restoring a democratic process in governance.

There are many worthy ideas to consider voting for. However, ending the current legal abomination that treats corporations and human beings as equals under our constitution will have such an immediate and profundly positive impact on so many aspects of our lives that it truly deserves to be at the top of list.

As Robert Reich says in his book "Supercapitalism," it is naive and silly to expect any corporation to behave "responsibly." If you don't like the way corporations behave, the answer is to make it illegal for them to behave that way, and to enforce the law.
Removing corporate personhood would be a great first step.

Ed - this is a great idea.

Long overdue. The American revolution was faught in large part to limit the power of corporations, and we should get back to that.

Corporate personhood has been used as a shield to defeat sound controls, requiring identity disclosure on paid political messages. It has distorted the political debate in this country, in the way that only gobs of money and deception can. Time to get real about who is saying what in TV ads about policy.

Why do corporations get to lobby congress ? Actual citizens get far less time with their representatives than corporate lobbyists do in spite of the fact that corporations ARE NOT CITIZENS.

They do not have morals, ethics and yet enjoy legal protection from wrong-doing.  All this and and, as we have currently seen, they enjoy government largesse also.

The constitution was established to protect the rights of citizens, not "entities".  They exist at our displeasure.

The larger a corporation is, the more restricted it's behavior should be.