Corporate Electoral Activity, Constitutional Discourse, and Conceptions of the Individual

Andrew Stark

American Political Science Review, 1992, vol. 86, issue 3, 626-637

Abstract: Recently, constitutional scholars have begun exploring how far constitutional discourse is governed by competing liberal and republican conceptions of the just or the good society. At the same time, political theorists have placed in doubt how far this debate rests on the metaphysical dichotomy between a radically autonomous and a radically encumbered individual. Scholars, however, have yet to investigate to what extent metaphysical conceptions of the autonomous or the encumbered individual underlie and determine strands of constitutional discourse. I analyze the deep structure of constitutional discourse in one important area—the legitimacy of prohibitions on corporate electoral activity. I show that the constitutional argumentation recurrently mounted against corporate electoral activity rests on a particular version of the radically encumbered individual and that the major constitutional defenses of corporate electoral activity assume a particular version of the radically autonomous individual.

Date: 1992
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