’An Artificial Being’: John Marshall and Corporate Personhood

Abstract

This Article examines the Constitution’s original understanding of corporate personhood. Section One briefly evaluates the original intent of the constitutional clauses concerning corporate personhood from the era of the Articles of Confederation through ratification to better assess Marshall’s view of those clauses. Section Two discusses influences on Marshall’s view of corporate personhood, including Founders such as Alexander Hamilton and jurists from the English common law tradition. Section Three discusses Marshall’s thoughts on corporate personhood, paying special attention to the restrictive statements he made about corporations. And lastly, Section Four analyzes the accuracy of recent interpretations of Marshall’s view of corporate personhood, such as those found in Justice Stevens’s dissent in Citizens United and Justice Ginsburg’s dissent in Hobby Lobby.