So if, as Mitt Romney famously put it[1],
"corporations are people," and the
Thirteenth Amendment to the United States Constitution
has banned slavery here since the end of 1865 ... doesn't
that suggest that corporations cannot be owned?
OT1H, these entities exist and could continue to function
once liberated from their bondage, but with all their earnings
staying in their own treasuries instead of being payed out as
dividends, and without the ability to raise more capital by
selling off shares of themselves, or anybody else having the
ability to make money by speculating and trading part-ownership
of slave-corporations ... OTOH, if they cannot be owned, that
removes one set of incentives for creating new ones (nonprofits
of various stripes would still continue to be born
... er, chartered, I presume).
Hmm. Taking this idea a little farther, it seems like it
would abolish the all-too-common scenario of a corporation
being acquired solely for the purpose of dismantling it to sell
its assets for a profit (putting most of its employees out of
work in the process). And the
current avenue for becoming "too big to fail"[2]
-- not steady growth of one's business through
successful competition for customers, but mergers and
acquisitions -- would be closed off: corporations wishing to
merge would have to marry[3],
instead of one buying the other. (And would anti-bigamy laws
thus impose an upper limit on growth-by-merger?)
Of course, it does raise issues like what happens when a
corporation dies (or is
executed by the State for some crime)
intestate. Then again, it would simplify
some things if corporations could run for office on their own,
transparently, instead of effectively buying politicians as they
do now (though apparently
Murray Hill, Inc got
shot down in its bid to enter the Republican primary for
Maryland's 8th District).
And yes, this notion that I'm floating as a thought-exercise
is fundamentally anti-capitalist, since (as I, a
non-economist and half-assed history student, understand it)
the whole idea of legal-personhood for corporations came about
as a result of the industrial revolution and as a mechanism for
capitalism to function. So a corporate-abolitionist movement
would be fundamentally radical (as in shaking our society's
fundaments), however simply I've painted it in my opening
paragraph.
[1] He didn't invent the idea of personae
ficta, of course, but this quarter it's difficult to
refer to that legal doctrine without remembering his
voice explaining to a heckler that
"Corporations are people, my friend ... of course they
are."
[2] AKA too big for the economy to be able to afford
to allow them to exist, due to the magnitude of the fallout if
one should fail after all.
[3] As several other people have already pointed out
would be a logical extrapolation of their personhood.