Good discussion class. Class, privacy rights apply to individuals (persons) who

Question

Good discussion class. Class, privacy rights apply to individuals (persons) who are either US Citizens or Resident Aliens - However, class, there are cases where the courts have recognized a business as a "metaphysical person." I believe that the railroads were one of the first to have this action taken. Once a business is declared to be a metaphysical person, then that metaphysical person has privacy rights. Can you find, and describe, a case where a court did, in fact, declare a business to be a metaphysical person?

Explanation / Answer

Santa Clara County v. Southern Pacific Railroad (118 U.S. Reports 394 [1886]

The railroad provisions of California's Constitution of 1879 were on a high level of anti-corporate Populist law. These included an elected Railroad Commission and State Board of Tax Equalization, and a provision prohibiting deduction of railroad mortgage costs for property tax purposes. This provision aimed at distinguishing between mortgages for personal property (e.g., homes) and mortgages for business capitalization. Targeting of railroad mortgages was explained by reference to the fact that "railroads, unlike other property, were mortgaged for more than cost, yet still paid handsome dividends" (Graham 1955, 180). The activities of the Board of Tax Equalization applying the mortgage provision led to confrontation in federal court with the Southern Pacific Railroad.

This case resulted in a clear victory for corporate people. The U.S. Supreme Court declared the railroad to be a "person" within the meaning of the 14th Amendment, a much broader protection than provided to Dartmouth College. Fourteenth Amendment recognition of corporate personality provided corporations with a generalized freedom to use property in opposition to state government restrictions: "The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of opinion that it does" (396).

What is 14th Amendment ?

The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.” By directly mentioning the role of the states, the 14th Amendment greatly expanded the protection of civil rights to all Americans and is cited in more litigation than any other amendment.

Related Questions

Navigate

• Browse (All)
• Browse G
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.