{"title":"Corporations and the Original Meaning of 'Citizens' in Article III","authors":"M. Moller, Lawrence B. Solum","doi":"10.2139/SSRN.3548143","DOIUrl":null,"url":null,"abstract":"Article III grants confers the judicial power of the United States over controversies between \"citizens\" of different states. In Section 1332(c) of Title 28 of the United States Code, Congress has provided that for the purposes of diversity jurisdiction, corporations are citizens of the state in which they are incorporated and the state in which their principal place of business is located. This raises the question whether corporations are citizens within the original public meaning of Article III of the Constitution. This Article demonstrates that in 1787 the word \"citizen\" referred only to natural persons and therefore that corporations cannot be considered \"citizens\" within the original public meaning of Article III. As a consequence, Section 1332(c) is unconstitutional from an originalist perspective. (This is the most current version as of August 9, 2020.)","PeriodicalId":46736,"journal":{"name":"Hastings Law Journal","volume":"72 1","pages":"169"},"PeriodicalIF":0.7000,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Hastings Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.3548143","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
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Abstract
Article III grants confers the judicial power of the United States over controversies between "citizens" of different states. In Section 1332(c) of Title 28 of the United States Code, Congress has provided that for the purposes of diversity jurisdiction, corporations are citizens of the state in which they are incorporated and the state in which their principal place of business is located. This raises the question whether corporations are citizens within the original public meaning of Article III of the Constitution. This Article demonstrates that in 1787 the word "citizen" referred only to natural persons and therefore that corporations cannot be considered "citizens" within the original public meaning of Article III. As a consequence, Section 1332(c) is unconstitutional from an originalist perspective. (This is the most current version as of August 9, 2020.)
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Hastings College of the Law was founded in 1878 as the first law department of the University of California, and today is one of the top-rated law schools in the United States. Its alumni span the globe and are among the most respected lawyers, judges and business leaders today. Hastings was founded in 1878 as the first law department of the University of California and is one of the most exciting and vibrant legal education centers in the nation. Our faculty are nationally renowned as both teachers and scholars.
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