Nobody downloaded yet

Corporations and the Equal Protections Caluse - Research Paper Example

Comments (0) Cite this document
Corporations and equal protection clause Abstract The controversy about whether to consider the individuals and corporations in the same manner or not is still going on in America. There are many arguments in favor and against this issue. Many people in America believe that corporations are taking undue advantages because of the equal protection clause…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.7% of users find it useful
Corporations and the Equal Protections Caluse
Read TextPreview

Extract of sample "Corporations and the Equal Protections Caluse"

Download file to see previous pages In this paper, I will argue that the “equal protections” clause of the Fourteenth Amendment was incorrectly applied to corporations, and doing so has had disastrous implications. It is absolutely clear that the equal protection clause was meant to protect individuals, not corporations, from unequal treatment by states. Corporations and equal protection clause Many people are 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 Railroad Co., the power of corporations has increased exponentially. Subsequent to Santa Clara County v. Southern Pacific Railroad Co. in 1886, corporations were consistently granted greater power 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 other individuals in similar circumstances”(Equal protection, n. d). However, the courts adopted different standards while dealing with equal protection clauses with respect to individuals and corporations, which include strict scrutiny, intermediate scrutiny, and the rational basis test etc. This is purely because of the rise of corporate 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 have the same right just like the individuals and they refused to pay taxes under the new legislature. Southern Pacific Railroad Company sought protection under the Fourteenth Amendment. One of the points made and discussed at length in the brief of counsel for defendants in error was that "corporations are persons within the meaning of the Fourteenth Amendment to the Constitution of the United States." Before argument, MR. CHIEF JUSTICE WAITE said: "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 "(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 declared its verdict in favor of the company. Organizations or corporations are entities which might be created for the purpose of doing business making profits. They are doing so at the expense of the interests of the people or the individuals. In other words, corporations are exploiting the community 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. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Corporations and the Equal Protections Caluse Research Paper”, n.d.)
Retrieved from
(Corporations and the Equal Protections Caluse Research Paper)
“Corporations and the Equal Protections Caluse Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Corporations and the Equal Protections Caluse

Equal opportunity

...?Equal opportunity for children in school and parents’ socioeconomic status: Children’s tendency to achieve in schools is conventionally associated with their personal capability, and the influence of parents is often overlooked. The socioeconomic status of parents has a profound effect upon the opportunities of achievement in school for the children. A child’s performance is not simply the outcome of level of attention paid by the teacher. In fact, many other factors are equally, and sometimes more influential upon the performance of a child in school that include but are not limited to the education of parents, the income of parents, and their occupation. Parents who adopt such professions that allow them to spend more time... provide...
1 Pages(250 words)Essay

Constitutional protections in criminal investigations

...? Constitutional Protections of the of the Constitutional Protections The Fifth Amendment to the US Constitution provides certain privileges in federal proceedings. Although, these do not extend to state proceedings; several of the states have included them in their constitutions (Wyman, 1960, p. 155). This Amendment empowers individuals to remain silent and thereby avoid being incriminated by the state in a criminal matter. Thus, in Miranda v Arizona, the Supreme Court ruled that the state had to warn individuals of their rights in situations that were essentially coercive. However, in Minnesota v Murphy, an individual who was required to disclose the facts of an unrelated crime to his probation officer,...
3 Pages(750 words)Essay


...Corporations Exam, Question Part I: Substantive and Procedural Merits of Lawsuit The Complaint against the Board of Directors The class action against the board of directors is founded on the assumption that directors are fiduciaries. As fiduciaries, directors owe the shareholders of the corporation and the corporation as a whole a duty of loyalty and duty of care (Aronson v Lewis). The duty of loyalty is a firmly established principle of corporate law. The duty of loyalty imposes upon directors and other relevant corporate officers, a duty of care. In this regard, a duty of care involves the duty to ensure that the corporation’s...
19 Pages(4750 words)Essay


...that are only in balance with the amount of finances that they have invested in the business. It is considered that this particular advantage is natural gift to the formation of corporation. The safety of the monetary investment of the owners is well protected through the provision of the limited liability advantages of the creation of corporations. Having businesses like this is a huge advantage for many entrepreneurs at present especially during the existing economic turmoil. Corporation owners are the ones having the best possible advantages in this scenario. Since corporations are able to extend their business sizes, their profits could naturally...
4 Pages(1000 words)Essay

Social Media Team in Customer Relation Management & Balanced Scorecard

10 Pages(2500 words)Essay

Defendant Protections

...Defendants Protections Defendants Protections Defendants whether guilty or not have got legal protection that uphold their basic human rights. The justice system would be characterized by a lot of brutality and inhuman treatment had some of the legal protections not been put in place. The legal protections enjoyed by defendants have been elaborately outlined in the fourth, fifth, sixth and eighth amendments. The fourth amendment ensures that arrests are made by arresting officers through warrants. The court though executing its functions tries to balance the justice aspect and also the privacy of the defendants (Wei, 2001). However, this has presented a major challenge as time to initiate arrest warrants can lead to dismantling... amendment...
2 Pages(500 words)Assignment

Nike's business level strategy

2 Pages(500 words)Research Paper

Enhanced whistle blower protections

...of eliminating employees from the organization is referred to as mobbing. It is a form of bullying, whereby a group of unhappy employees target a specific individual within the work place2. There also exists legislation that seeks to protect the whistle blowers from persecution and prosecution. An example is the Whistleblower Protection Enhancement Act (WPEA)3.It seeks to encourage whistleblowers to come forth and report cases of misconduct. Corporations like the United States Securities and Exchange Commission and the Internal Revenue Service mostly rely on the information supplied to them by whistleblowers. Most countries have found that whistleblowers are an important aspect of...
2 Pages(500 words)Research Paper

Employee Protections

...Case Study: Employee Protections In the Pugh Family vs. Butler County Airport case, I think the Airport will win the caseunder the outlined contract terms. This is because the contract terms provided explicit instructions on who was responsible for certain parts of the task. Although the Airport had reserved the right to inspect the project being undertaken by Kaufman Excavating Company, contract terms indicated that the authority on the methods applied when undertaking the project was reserved by the excavating company. This implies that the airport has a strong case against Pugh’s family. Therefore, the family is blaming the wrong company for the death of their loved one, which may be because they are not aware of the...
1 Pages(250 words)Case Study

Legal job protections

... Amanda. The 1935 Social Security Act requires eligible people to receive unemployment benefits when due (State of Wisconsin, 2014). Title VII protects employees from unlawful termination of employment (U.S Equal Employment Opportunity Commission, 2014). The COBRA guarantees Health Care Benefits to eligible employees who have lost their jobs. The 1935 Social Security Act may protect Amanda because she will qualify for unemployment benefits. The company will fire Amanda for unintentional actions. She has also worked for more than 680 hours in the company and received significant wages to launch a claim (The Employment Development Department, 2014). Amanda will be available and able to work though wholly unemployed. Amanda may enjoy... Legal...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Corporations and the Equal Protections Caluse for FREE!

Contact Us