Published on September 28, 2009 | by LawNews
Prof. Daniel Greenwood in The New York Times
To the Editor:
Our country was formed on the basis that people are endowed by their Creator with certain unalienable rights, some of which are listed in our Bill of Rights. Corporations, however, are purely human creations, instituted by humans for purely human purposes. When corporations become destructive of those ends, or when we see ways to improve them in any way, we should be free to modify them as we see fit.
Courts look backward, interpreting old texts; economic regulation, however, needs to be forward-looking.
The Supreme Court’s “discovery” that the Constitution grants rights to business institutions that were not invented until long after the Bill of Rights was written is bad theology, bad politics and an egregious abuse of its proper role.
Daniel J. H. Greenwood
Brooklyn, Sept. 22, 2009
The writer is a professor of law at Hofstra University School of Law and was co-author of an amicus brief in Citizens United v. Federal Election Commission.