Corporate Charters: A Case Study

“The idea that a corporation is a legal person with constitutional rights is, of course, a controversial one. Some commentators argue that it's bad policy. In my view, however, it is a well-settled principle of US constitutional law and justifiably so. The legislative history of the Fourteenth Amendment suggests that Congress substituted the word ''person'' for the word ''citizen'' precisely so that the provisions so affected would protect not just natural persons but also legal persons, such as corporations, from oppressive legislation.”

It is necessary to determine when L was removed as director of SPG and SET to ascertain the validity of the plaintiffs’ appointment as administrators. To establish L’s time of removal, one must first conclude whether the decision at the meeting took effect immediately, or if the subsequent messages exchanged between M and L, and belated lodging with ASIC, suggest a later removal date.

In my opinion the ramifications of noncompliance are absolutely justifiable actions. Our government often enacts legislation which may not be in the best interest of the people. Therefore, when a corporation engages in fraudulent activities which are illegal or immoral and these actions affect the livelihood of numerous individuals across the Nation our only recourse

The idea that corporations should have no rights simply because the Framers felt it should be so on the grounds of an old grudge is preposterous. As previously stated, corporations, like unions, are composed of the people, and the people have undeniable rights allotted to them by the Constitution.

With all the money these corporations bring in much is spent to influence politics with hefty campaign contributions and corporate lobbying in Washington. All of this is business to them, helping individuals that will push their agenda get into high places politically is just the tip of the iceberg. 28 states now have something called the "three strikes or habitual offender laws" These laws make it possible to send anyone to prison for life on their third felony charge regardless of the circumstances. They need to make sure convictions rates stay sky high to keep the commodities coming. CCA inmates had time

Nowadays, after the passing of several bills constraining the actions of corporations, acting in a similar manner would pose several legal and ethical issues. This is why, Freeman argues, this ancient idea of managerial capitalism is no longer effective.

This idea that harsh penalties deter criminal activity is accepted on faith, rather than supported empirical fact (Lynch, 1999). Restitution on the other hand, is provided directly to the victim of the crime. This is a monetary burden imposed on the offender and is usually above and beyond what the crime actually cost because it will include the cost of the crime and the cost the tax-payer has to pay to prosecute the criminal. When restitution is defined, there appears to be an appreciation from the public that the victim of the crime is receiving compensation for the criminal loss. Restitution assures a relationship between the victim and the offender in which the victim is allowed to punish the offender, to a certain extent, rather than one between the offender and the state (Miller, 2007).

A corporation was originally designed to allow for the forming of a group to get a single project done, after which it would be disbanded. At the end of the Civil War, the 14th amendment was passed in order to protect the rights of former slaves. At this point, corporate lawyers worked to define a corporation as a “person,” granting them the right to life, liberty and property. Ever since this distinction was made, corporations have become bigger and bigger, controlling many aspects of the economy and the lives of Americans. Corporations are not good for America because they outsource jobs, they lie and deceive, and they knowingly make and sell products that can harm people and animals, all in order to raise profits.

In the book, The Corporation Joel Bakan presents arguments, that corporations are nothing but institutional pathological psychopaths that are “a dangerous possessor of the great power it wields over people and societies.” Their main responsibility is maximizing profit for their stockholders and ignoring the means to achieve this goal, portrays them as “psychopathic.” Bakan argues that, corporations are psychopaths, corporate social responsibility is illegal, and that corporations are able to manipulate anyone, even the government.

Role of the US Constitution and Legal System in Business RegulationThe Constitution of the United States and their legal system have an impact on the guidance and operation of companies in any industry. In case a person breaks a law, for example, he or she may be obliged to pay a fine or even imprisoned in the US. It works the same way with companies: if a business is found responsible for allowing its employees to violate regulations this company is subject to a fine and even closedown. For instance, companies are responsible to guarantee that all employees are legally authorized to work in the United States. Occasionally employees without proper documentation are able to get a job. The law enforcement agencies perform raids on business

We need to understand that when company officials, or government officials achieve power over others, there will be some who will abuse the trust they have been given. Internal controls and locks only keep honest people honest. People run corporations and the government. People will skirt the law if the potential for gain appears to be great and the risk of being caught appears small. Human activity, businesses and government included, is based upon capital allocation and a risk-reward analysis; if the profits to be gained from cheating outweigh the probability-adjusted consequences of being caught and punished, then it makes sense to

Corporate crime is not taken seriously and the regulatory agencies appear powerless as the penalties available to them are ineffective in sufficiently punishing criminal acts and preventing future crimes. As investigations and methods of law enforcement are incredibly time consuming and costly, the current most effective punishments of committing a corporate crime are the use of; recalls, unilateral orders, consent agreements, decrees, injunctions and monetary penalties are most used. The use of deferred and non-prosecution agreements are currently by far the most popular option for corporations.

In the book, The Corporation Joel Bakan, presents arguments: that corporations are nothing but institutional pathological psychopaths that are “a dangerous possessor of the great power it wields over people and societies.” Their main responsibility is maximizing profit for their stockholders and ignoring the means to achieve this goal. This in results portrays them as “psychopathic.” Bakan argues that: corporations are psychopaths, corporate social responsibility is illegal, and that corporations are able to manipulate anyone, even the government.

Since corporations are not physical things or people, it is very easy for them to avoid any kind of trouble. Corporations have become great at passing on their externalities to the public. An externality is an expense of any kind, whether it is something such as environmental damage or forcing people in an area to pay money for something, that a corporation forces the public to pay for while they privatize all profits. Corporations being externalizing machines fit in very well with their psychopathic behavior. They externalize any cost to the public because they can and it helps them achieve their goal of making as much money as possible. A quote from Robert Monks puts it very well, he says “The corporation is an externalizing machine

6/2/16 – a meeting was held with Shane, in the presence of his Union Representative, Tom Brice, to discuss the allegation that he violated DOT&PF’s Unauthorized Expenditures/Purchases P&P #10.01.022, when he purchased meals while traveling for work on May 16 - 17, 2016.