Month: May 2017

Legal Fiction, Consciously False, and Deodands

legal fiction

My Country – Legal Fiction Our Constitutional system comes out of the common law structure. English law derives from custom and judicial precedent rather than statutes. In comparison, statutory law means that courts strictly construe the laws. Legal fiction lies in the middle of the debate between strict constructionists and a living constitution. Strict constructionists attempts to …

Corporate Personhood, the Fourteenth Amendment, and the First Amendment

corporate personhood

My Country – The Legal Fiction of Corporate Personhood Not long after we ratified the Fourteenth Amendment, the Supreme Court extended it to corporations. At this time, jury selection continued to cause problems. Voting rights failed to truly reach African-Americans. But the Supreme Court gave equal protection and due process to corporations. Some things never …