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" "Although Americans often think of the Supreme Court as a bulwark to protect minority rights against the tyranny of the majority, the court's record... was dishearteningly bad prior to the 1950s. For most of American history, the Supreme Court failed to protect the dispossessed and marginalized... [T]he court's record on corporate rights was much different. In 1809... corporations won that first case—and have compiled an impressive list of victories... [T]he court has insisted that broad public sentiment favoring business regulation must bend to the demands of the Constitution.
Adam Winkler (born July 25, 1967) is a professor of at the UCLA School of Law.
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Like the KKK, the NRA was also formed right after the Civil War. The organization’s first major involvement with promoting gun laws tainted by prejudice was in the 1920s and 30s. In response to urban gun violence often associated with immigrants, especially those from Italy, the NRA’s president, Karl Frederick, helped draft model legislation to restrict concealed carry of firearms in public. States, Frederick’s model law recommended, should only allow concealed carry by people with a license, and those licenses should be restricted to “suitable” people with “proper reason for carrying” a gun in public. Thanks to the NRA’s endorsement, these laws were adopted in the majority of states.
The 1960s saw another wave of gun control laws that were, at least in part, motivated by race. After Malcolm X promised to fight for civil rights “by any means necessary” while posing for Ebony magazine with an M1 Carbine rifle in his hand and the Black Panthers took to streets of Oakland with loaded guns, conservatives like Ronald Reagan, then governor of California, began promoting gun control. Black radicals with guns, coupled with the devastating race riots that wiped out whole neighborhoods in Newark and Detroit in 1967, helped persuade Congress to pass the Gun Control Act of 1968. That law barred felons from purchasing firearms, expanded the licensing of gun dealers, and barred imports of “Saturday Night Specials”—cheap, often poorly made guns that were frequently used for crime by urban youth. As one gun control supporter at the time frankly admitted, a close look at that law revealed that it wasn’t really about controlling guns; it was about controlling blacks. And the NRA, in its signature publication, American Rifleman, took credit for the law and extolled its virtues.
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Many critics of Citizens United believe that corporations have the same rights as individuals because the Supreme Court defines them as people. The proposed constitutional amendment to overturn Citizens United is based on this idea... Yet corporate personhood has played only a secondary role in the corporate rights movement. ...[J]ustices have more often relied upon a very different conception... an association capable of asserting the rights of its members. This... has paved the way for the steady expansion of corporate rights. Indeed, corporate personhood has traditionally—and surprisingly—been used to justify limits on the rights of corporations.