Tag Archives: corporation equal protection

Why Does the 14th Amendment Protect Multinational Corporations Who Do Not Consider America as a Stakeholder?

I want to understand why America does not expect more of its corporate citizens. It appears we allow multinational corporations to exists as foxes in the henhouse, plucking out the ripest chickens while the farmer, our United States government stands idly by. We must begin to question why this is the case.
If our constitution were to allow such a process to take place without recourse it would seem ultimately flawed in the protection of America. I therefore will begin to examine this important question. Does the Constitution of the United States contain provisions that if exercised by our government could protect our citizens. I began by looking at a seeming non-applicable amendment, the 14th.

Looking at the 14th Amendment alone, which extended certain rights to the state level, there are oodles of issues of importance to future paradigm shift of interpretation toward MNCs:

Due process clause:
Federal corporate personhood rights established by 5th amendment were extended to the states. As it pertains to trade laws that give value to MNCs and take value from existing businesses, I question why the due process clause does not apply: where an individual is facing a (1) deprivation of (2) life, liberty, or property, (3) procedural due process mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge

Equal Protection clause:
“no state shall … deny to any person …the equal protection of the laws”.
Yet our trade treaties clearly protect MNCs at the expense of other domestic corporations.

Rebellion clause:
“No person shall …hold any office, civil or military, under the United States, or under any State, who shall have engaged in insurrection or rebellion”
Rebellion includes non-overt attempts at sabotaging a government. MNCs could be considered subversive if their sole pursuit of profit could be shown to sabotage the financial goals of the U.S. government.

Public debt clause:
“neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States.”
Certainly subsidies to MNCs might be challenged under the public debt clause of the 14th amendment. In addition, the clause might be used to cause MNCs to recompense the United States for losses due to unfair trade practices.

Citizenship Clause:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Assumes that one who is born in the U.S. and not subject to any foreign power will be by his very nature loyal to the U.S., and therefore given birthright citizenship,. Yet it requires naturalized citizens to take an oath that obligates them to loyalty.

If corporations are assumed birthright citizens, the assumption of loyalty is erroneous. If corporations are assumed naturalized citizens, why then are they not required to take the same loyalty oath as other naturalized citizens. The oath requires that they must:

Entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty

Support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic

Bear arms on behalf of the United States when required by the law

Perform noncombatant service in the Armed Forces of the United States when required by the law

Perform work of national importance under civilian direction when required by the law

Take this obligation freely without any mental reservation or purpose of evasion

The 14th amendment as a start seems to provide ample protection clauses that if correctly interpreted could cause a paradigm shift to allow protection of our financial system, our economy, and Americans’ well being.

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Filed under American Governance, Multinational Corporations