Appropriating corporate personhood: Constructions of the person-corporation and native nation sovereignty

Abstract

Over the past century, debates have raged about the validity of United States corporate personhood and the scope of a person-corporation's rights. While important, these discussions have also erased marginalized peoples’ use of corporate personhood as a strategy for securing the rights denied them by governments. This is the case with the Eastern Band of Cherokee Indians (EBCI), who incorporated in 1847 to ensure their own rights and protections at a time when their political sovereignty and human rights were being systematically violated. Although legal recognition of corporate personhood began in 1818, the granting of previously human-only rights to person-corporations has accelerated via recent court cases. In this article, I briefly examine how, over time, the US has conferred personhood on corporations. I then deconstruct what this personhood can tell us about the beliefs and practices regarding the meaning of being a person in the United States. Through this, I demonstrate that the act of conferring personhood—the accountability of who is counted as a person and by whom—manifests the underlying ontologies and purposes of what it is to be a person, whether it is through US incorporation laws or in the EBCI's sovereignty protections.