Corporations and the Equal Protections Caluse Research Paper

Corporations and the Equal Protections Caluse - Research Paper Example In this paper, I will argue that the â€Å"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. â€Å"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 pr otection, 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 Pac ific 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.

Presidential versus Congressional Decision Making Essay

Presidential versus Congressional Decision Making - Essay Example The two divisions share in the course and each one of them plays a significant although dissimilar function. Presidential versus congressional decision making The issue of who formulates foreign policy does not contain a more accurate answer for a number of reasons. Foremost, United States foreign policy is not formed in a vacuity as some type of indissoluble whole with a solitary imposing design. Relatively, formulating foreign policy is a lengthened course concerning many actors and including dozens of personal policies towards diverse nations, constituencies, and operative problems. Subsequently, the composite course of establishing foreign policy makes it hard to come to a decision of who ought to be accredited with instigating or adjusting any meticulous foreign policy. The two divisions frequently interrelate and persuade each other. Beneath this state of affairs, it is complicated to trace a proposal back to its derivation, establish when an idea actually manipulates policy, a nd come to a decision when an adjustment generates a novel policy. ... One research categorized the epoch 1789-1829 as one of Presidential proposal (Mowbry, 2003), 1829-1898 as one of congressional dominance and 1899 in the course of the abrupt post World War II phase as one of mounting Presidential supremacy. A different research classified three epochs of congressional supremacy, 1837-1861, 1869-1897, and 1918-1936, with an additional one commencing toward the conclusion of the 1973 War in Vietnam. Following are fundamental ways the President or executive division can initiate or originally outline foreign policy. In these state of affairs, Congress is placed in the position of either acting in response optimistically to the President's proposal or requesting to amend or turn around the influence of his rank. Reacts to Foreign Occurrences. Government Proposal for Legislation. Concession of Intercontinental Accords. Statements of Policy. Implementation of Policy. Sovereign Action. Decisions and Statements of Policy. Directives of Legislation. The most significant characteristic of the president’s function is decision-making, and this power by all sort of things. It is fundamental to comprehend the ambiance in which the president formulates decisions. They ought to make decisions in strict restraints. There are frequently previous pledges formed by the government that necessitates it to use up money, guard allies, preserve overhauls, or guard rights (De Castro, 2000). The president is also stressed by the institutional capacities of the executive division, which is also a result of precedent decisions. Presidential Decision Making illustrates two organizational problems the President encounters. The interrelatedness of the matters