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Slaves, Coolies, and Shareholders: Corporations Claim the Fourteenth Amendment

Slaves, Coolies, and Shareholders: Corporations Claim the Fourteenth Amendment <p>Abstract:</p><p><i>This article examines the little-known case</i> In re Tiburcio Parrott <i>(1880), in which the federal court extended Fourteenth Amendment rights to corporations for the first time. It reveals that an analogy between Chinese immigrants and corporate shareholders was the basis for the court&apos;s reasoning. This article explores the social and political context of the movements for Chinese exclusion and corporate regulation in 1870s California to explain this analogy, revealing that Chinese immigrants and corporations were seen as intertwined threats that challenged free white labor and threatened popular democracy. The article focuses on the dueling interpretations of "equal treatment" and "free labor" at play in this conflict. It shows how arguments by corporate lawyers, who represented both corporate clients and Chinese immigrants, and the support of sympathetic judges, lay the foundation for an expansive interpretation of the Fourteenth Amendment that eventually was endorsed by the US Supreme Court</i>.</p> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Journal of the Civil War Era University of North Carolina Press

Slaves, Coolies, and Shareholders: Corporations Claim the Fourteenth Amendment

The Journal of the Civil War Era , Volume 10 (1) – Mar 2, 2020

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Publisher
University of North Carolina Press
Copyright
Copyright @ The University of North Carolina Press
ISSN
2159-9807

Abstract

<p>Abstract:</p><p><i>This article examines the little-known case</i> In re Tiburcio Parrott <i>(1880), in which the federal court extended Fourteenth Amendment rights to corporations for the first time. It reveals that an analogy between Chinese immigrants and corporate shareholders was the basis for the court&apos;s reasoning. This article explores the social and political context of the movements for Chinese exclusion and corporate regulation in 1870s California to explain this analogy, revealing that Chinese immigrants and corporations were seen as intertwined threats that challenged free white labor and threatened popular democracy. The article focuses on the dueling interpretations of "equal treatment" and "free labor" at play in this conflict. It shows how arguments by corporate lawyers, who represented both corporate clients and Chinese immigrants, and the support of sympathetic judges, lay the foundation for an expansive interpretation of the Fourteenth Amendment that eventually was endorsed by the US Supreme Court</i>.</p>

Journal

The Journal of the Civil War EraUniversity of North Carolina Press

Published: Mar 2, 2020

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