Grumblenuts
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- Oct 16, 2017
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The fact that corporations are different from human beings might seem to need no elaboration, except that the majority opinion almost completely elides it. Austin set forth some of the basic differences. Unlike natural persons, corporations have "limited liability" for their owners and managers, "perpetual life," separation of ownership and control, "and favorable treatment of the accumulation and distribution of assets ... that enhance their ability to attract capital and to deploy their resources in ways that maximize the return on their shareholders' investments." 494 U. S., at 658-659. Unlike voters in U. S. elections, corporations may be foreign controlled.70 Unlike other interest groups, business corporations have been "effectively delegated responsibility for ensuring society's economic welfare";71 they inescapably structure the life of every citizen. " '[T]he resources in the treasury of a business corporation,' " furthermore, " 'are not an indication of popular support for the corporation's political ideas.' " Id., at 659 (quoting MCFL, 479 U. S., at 258). " 'They reflect instead the economically motivated decisions of investors and customers. The availability of these resources may make a corporation a formidable political presence, even though the power of the corporation may be no reflection of the power of its ideas.' " 494 U. S., at 659 (quoting MCFL, 479 U. S., at 258).72
1. Antidistortion
It might also be added that corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their "personhood" often serves as a useful legal fiction. But they are not themselves members of "We the People" by whom and for whom our Constitution was established.