♦ CHAPTER TEN ♦The Lavender-Vested Turkey GobblerHow a “majestic, super-eminent” lawyer deceived the Supreme Court (1883)

AS DESCRIBED IN THE PREVIOUS CHAPTER, historians have known since 1963 that the “corporations are persons” formulation frequently cited in reference to the Santa Clara decision was not actually part of the opinion of the Supreme Court but rather an insertion of words by chief court reporter J. C. Bancroft Davis based on a comment made from the bench by Chief Justice Morrison Waite. After this revelation, the legitimacy of Santa Clara as a basis for corporate rights would seem to be in tatters.

But we have one more mystery to clear up—namely, why Waite expressed his verbal opinion in the first place, and why the Supreme ...

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