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" "Despite the fact that corporations have never been subjected to systematic opression like women and minorities... today corporations have nearly the same rights as individuals... a considerable share of the Constitution's most fundamental protections.
Adam Winkler (born July 25, 1967) is a professor of at the UCLA School of Law.
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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.
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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.