Citizens! United! Will Never Be Defeated! (user search)
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  Citizens! United! Will Never Be Defeated! (search mode)
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Author Topic: Citizens! United! Will Never Be Defeated!  (Read 2937 times)
Okay, maybe Mike Johnson is a competent parliamentarian.
Nathan
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« on: June 25, 2012, 04:14:06 PM »

It's not the Incorporation Doctrine that's flawed, it's the precedent-defying interpretation of the First Amendment from Citizens United itself.
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Okay, maybe Mike Johnson is a competent parliamentarian.
Nathan
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« Reply #1 on: June 26, 2012, 05:56:02 PM »

Incorporation (which has been around since Gitlow 90 years ago) is a pretty logical conclusion of the 14th Amendment and overturning it would overturn...pretty much the entirety of Fourth and Fifth Amendment jurisprudence. 

How so? I don't follow most Supreme Court decisions and precedent, but how would overturning the idea that non-human entities (like corporations and unions) are legally persons overturn the Fourth and Fifth Amendment?

Incorporation here has nothing to do with whether corporations are people, but whether the XIVth Amendment caused the Bill of Rights to apply to the State governments as well as the Federal government.

Yeah, it's confusing because the word has 'corporation' in it and we're discussing Citizens United, but 'incorporation against the states' refers to something entirely different and has been relatively uncontroversial as a concept for a while now (it's just when it's to be used that there have been controversies around).
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