The Influential Authority of the Corporation: How Citizens United v. FEC Redefined Legal Personhood, Political Jurisdiction, and the Societal Paradigm

Abstract

This paper examines how the landmark decision in Citizens United v. Federal Elections Commission reinforced corporate personhood by establishing the constitutional provision that corporations could influence electoral outcomes by way of monetary campaign support. Using early modern political theory, contrasted with the legislative history of corporate influence, this paper aims to define corporate personhood and assess its sociopolitical authority. With some reference to trade and labor statistics, the analysis mainly leverages a theoretical framework to answer the following questions: Which collective person is more powerful, the state or corporation? How do they operate under the social construct of artificial or collective personhood? By what metrics can we measure their authority? Through historical, theoretical, and legislative analysis, I conclude that corporations are issued an avenue of political autonomy that grants them a degree of control over the initial governing body that provided them this very freedom. Because corporations have influence over electoral outcomes, namely by unlimited monetary contributions to established Super PACs, their political personhood fundamentally informs the authority of the state. Finally, this paper examines the ideological component of corporate personhood’s influence with reference to Wendy Brown’s theory of “the neoliberalization of politics.” This idea supports the general argument by underlining the ideological principles that promote neoliberalism in electoral or political contexts.