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We, The Corporations, Of The United States Of America

1613 words - 7 pages

It seems implausible the word democracy isn't written in the United States Constitution, or in the Constitution's Preamble, or even in the Declaration of Independence. One would assume a concept so paramount to modern American culture would surely be derivative from one of it's oldest and most endeared documents. Alas, it is not. The Constitution only specifically mentions two entities, the government and “We the People”. Defining government is an easy enough task, but who are “We the People”? From originally consisting of only white male property owners, to eventually adding in other races, income classes, women, and astonishingly, corporations, the definition of “We the People” has ...view middle of the document...

Thus, there is a conflict between religious freedom and the ACA requirement to provide heath insurance which an employee may elect to receive contraceptives through.
However, beneath all of the legal minutia a more direct argument can be decoded. Plainly stated, the human powers in control of Hobby Lobby argue the inanimate company should have rights that supersede that rights of the American workers. Take for example, a full time female Hobby Lobby employee who is insured through her employer. This particular employee has a genetic predisposition to ovarian cancer so she sees her doctor for preventative care. Her doctor may acknowledge the Federal Food and Drug Administration (FDA) findings and cite that, “Taking oral contraceptives (OCs) can slash your risk for both endometrial and ovarian cancer by more than 70 percent after 12 years; even just one to five years may lower your risk by 40 percent”(fda) and prescribe an OC to her. Herein lies the conflict of interests. It is in the employees best interest to follow her doctors orders and take an OC to protect herself. However, it would be against Hobby Lobby's newly permitted religious freedom to fund the insurance that that aids in providing such OC. This example precisely shows how allowing corporations to brandish person-hood combats against a natural persons ability to wield the human rights the U.S. was founded upon.
Furthermore, the potential consequences of a favorable verdict for Hobby Lobby have yet to be fully realized, but are an immediate cause for concern. Taken to a logical extreme, one could surmise the U.S. could become a government comparable to one of Sharia Law. This would allow for any and every religion to affect all aspects of day-to-day life, including politics, sexuality, banking, business law, economics, as well as social issues. While freedom of religion is a coveted American ideal, the U.S. Constitution blatantly discourages religious participation in governance.
Another important court case to understand is Citizen United v. Federal Election Commission (FEC). To summarize the case, Citizens United created a negative film aimed at Senator Hillary Clinton around the 2008 election, and ran ads urging others to watch the film. This posed the question whether the Bipartisan Campaign Reform Act (BCRA), which criminalizes ads produced by corporations that decidedly advocate a pro or anti candidate position within 30 days of a primary election or within 60 days a general election, is constitutional under the concept of free speech. The court found by citing the First Amendment of the U.S. Constitution, that the government may not suppress political speech on the basis of the speaker’s corporate identity. Corporations have long been held to enjoy Constitutional rights of Freedom of Speech just like an individual, regardless of their status of for-profit or non-profit. Previously, corporations had been required to create a separate account (PACs) from where it could use...

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