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Google for President, Since It’s a Person Too: David Boghossian
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Commentary by David Boghossian
Jan. 26 (Bloomberg) -- The U.S. Supreme Court decision that enables corporations to become full-throated participants in our political process by protecting their right to free speech raises a vexing philosophical question: if corporations are to get the same rights as people, why can’t they vote?
For that matter, why not just nominate corporations for political office? Some might say that Goldman Sachs already runs the Treasury Department, and our prior administration might have been characterized as government of Halliburton, by Halliburton, for Halliburton.
The Supreme Court, in its wisdom, has uncovered one of the great civil-rights issues of our time. Our interpretation of the U.S. Constitution has been excessively people-ist, denying corporations their full rights as citizens. Far from an example of judicial activism, the court’s ruling was the long-overdue righting of historical wrongs, undoing the long oppression of the downtrodden corporation. Then again, perhaps it was just a recognition of current reality.
In any case, it seems clear that those who think that only people are granted civil rights are guilty of a profound misreading of the Constitution. In fact, one should read the words “people” or “persons” in the Constitution to mean “people and/or any legally constituted corporate entity.” As a result, since passage of the 14th Amendment, black-owned enterprises are no longer counted as three-fifths of a full corporation, and the 19th Amendment allows women-owned companies to vote.
Amended Amendments
Now that corporations have their First Amendment rights to free speech restored, let’s review whether new interpretations are needed for the remaining articles of the Bill of Rights:
Second and Third Amendments: We are probably OK here, since many corporations are well-armed relative to the rest of the population. (See: Blackwater.) Quartering of troops is probably fine too, as long as it is accompanied by a lucrative government contract.
Fourth and Fifth Amendments: Could be a problem, since regulatory and securities law often requires disclosures by firms that may be considered an “unreasonable search.” Still, our nation’s leading bankers, while not exactly “pleading the Fifth”, were careful to avoid any semblance of responsibility in their recent testimony on the financial meltdown. So maybe it’s a wash.
Sixth Amendment: Right to a speedy trial? We probably should look into that for people before worrying about applying it to companies.
Seventh and Eighth Amendments: Trial by jury seems to be the norm already. As for cruel and unusual punishment, we might want to consider it for some companies, such as the inventors of the so-called liar’s loan. Or the Snuggie.
Granted and Delegated
Ninth and 10th Amendments: Here’s the rub. All rights not specifically granted to the feds under the Constitution are delegated to the states or the people. Now that corporations are full-fledged people, should we expect a “Million-Suit March” to descend on Washington agitating for expanded rights? Of course, Capitol Hill awash in blue suits is already a daily occurrence. It’s called lobbying.
With or without the Supreme Court’s intervention, we live in a world in which corporations exercise an incredible level of influence on our daily life and our fate as a nation. No institution on the planet has as much power to do good or ill as the business community.
This is a problem, but it’s also an opportunity, because the vast majority of people who run businesses are good folks. (Full disclosure: I am one.) Like the rest of humanity, with rare exceptions, they mean well and aim to do the best they can for their customers, the community and the planet.
At the same time, because of their power, we often let businesses, especially big businesses, off the hook too easily. While doctors take a vow to do no harm and lawyers vow to serve the law, we require no similar larger pledge from corporations. Many corporations do great and good work. Still, public opinion is influenced by the few who don’t.
Here’s Your Button
Unless and until corporations are held responsible for more than simply making a profit, their role as citizens must be seen as risky at best. How many votes do they get? How do we determine their citizenship? Where do we stick the “I Voted” button?
Back to my proposal to let corporations run for office. In that spirit, it is my high honor to nominate one of our newly enfranchised corporate citizens. A citizen that has shown, in this hour of need, that it is able to create jobs. That understands how to invest and grow and meet a payroll. That has the character to stand up for freedom and justice at home, in China, and around the world. And that has pledged, above all, “don’t be evil.”
It is with great pleasure that I nominate this fine citizen, Google Inc., for the presidency of the United States.
(David Boghossian is a software entrepreneur and former Harvard University Kennedy School of Government fellow. The opinions expressed are his own.)
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