Sunday, May 12, 2019

Corporations and the Equal Protections Caluse Research Paper

Corporations and the Equal Protections Caluse - Research Paper ExampleIn this paper, I will argue that the equal protections clause of the Fourteenth Amendment was incorrectly applied to corporations, and doing so has had dark implications. It is absolutely clear that the equal protection clause was meant to protect individuals, not corporations, from unequal treatment by alleges. Corporations and equal protection clause Many people ar shocked when they first learn that corporations are considered legal persons, entitled to the same rights as the average citizen. Starting with Santa Clara County v. Southern Pacific sandbag Co., the position of corporations has increased exponentially. Subsequent to Santa Clara County v. Southern Pacific Railroad Co. in 1886, corporations were consistently granted greater top executive by the Supreme Court through the equal protection clause. Equal protection as a legal concept is the idea that individuals should be treated in the same manner as former(a) individuals in similar circumstances(Equal protection, n. d). However, the courts adopted different standards while dealing with equal protection clauses with regard as to individuals and corporations, which include strict scrutiny, intermediate scrutiny, and the rational basis test etc. This is purely because of the rise of corporeal power. Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. ... The above right was already given to the individuals and Southern Pacific Railroad Company argued that they also admit the same right just like the individuals and they refused to pay taxes under the cutting legislature. Southern Pacific Railroad Company sought protection under the Fourteenth Amendment. One of the points make and discussed at length in the brief of counsel for defendants in error was that corporations are persons within the inwardness of the Fourteenth Amendment to the Constitution of the United States. Before argument, MR. CHIEF JUSTICE WAITE said The Court does not deficiency 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 printing that it does (SANTA CLARA COUNTY V. SOUTHERN PACIFIC R. CO., 118 U. S. 394 (1886), 2011). In other words, court upheld the arguments of Southern Pacific Railroad Company and say its verdict in favor of the company. Organizations or corporations are entities which might be created for the purpose of doing business make profits. They are doing so at the expense of the interests of the people or the individuals. In other words, corporations are exploiting the participation resources for making profits and it is their duty to pay tax to the government for such exploitation of natural resources. Governments have the moral and legal responsibility of working for the interests of the individuals. Individuals have limited capacity to exploit the natural resources compared to the abilities of corporation.

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