Founding Fathers of the United States - Adam Winkler

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Founding Fathers of the United States

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About Adam Winkler

Adam Winkler (born July 25, 1967) is a professor of at the UCLA School of Law.

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Additional quotes by Adam Winkler

In December 1882, ... appeared before the justices of the Supreme Court... to argue that corporations like his client, the Southern Pacific Railroad Company, were entitled to equal rights under the Fourteenth Amendment. Although that provision of the Constitution said that no state shall "deprive any person... " or "deny to any person..." Conkling insisted the... drafters intended to cover business corporations too. ...The Fourteenth Amendment had been adopted after the Civil War to guarantee the rights of freed slaves, not to protect corporations. Conkling, however, had unusual credibility... If anyone could testify to the intent of the... drafters, it was Conkling, who was one himself. ...Conkling produced a musty, never-before-published journal that purported to detail his committee's deliberations. ...There was just one small problem with Conkling's account of the drafting... it was not true.

[I]n Citizens United... justices ruled that corporations have a First Amendment right to spend their money to influence elections. The decision was wildly unpopular, with poles showing an overwhelming majority of both Democrats and Republicans opposed. ...As of 2016, sixteen states and hundreds of municipalities had endorsed a constitutional amendment to overturn Citizens United...

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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.

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