THE RISE OF CORPORATE RIGHTS IN THE UNITED STATES

Abstract

Corporate political power has been expanded and maintained in various ways including lobbying and direct political intervention. In the US, corporations have also gained power through court cases that have afforded them the same fundamental rights as ordinary people. This article analyzes the process that has occurred over two centuries whereby businesses have secured protection from the Constitution of the United States for their “individual rights”. One of the most important victories was the success of firms in obtaining rights from the fourteenth amendment that was originally adopted to defend former slaves after the Civil War. By the 20th century, this amendment had mostly served in cases pertaining to corporate rights, with continuous expansion of the civil rights of corporations to cover such areas as equal protection under the law and freedom of expression. This article contributes to on-going discussion about how best to define corporate rights.