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DISCUSSION BOARDS OVERVIEW
• Students are required to follow the instructions for discussion
board
activities noted in the “To-Do” List for each week and each
individual
discussion board assignment instructions. All original posts and
reactions
should be carefully planned, cleanly composed, clearly
communicated, and
educational in orientation following the Written Assignment
Checklist.
• Posts are due by Monday, 11:59 p.m. each week they are
assigned. Check
Syllabus Semester Schedule or Canvas for exact due dates. Each
student
must have one original post and one response to another student
by this
time to receive credit for the discussion board. Submissions that
do not
respond to at least one other student will receive reduced points.
Submissions that do not follow all instructions in the discussion
board
prompt will receive additional reduced points.
• To train the class in the work of historical writing, students
must provide historical
evidence (i.e. “the proof”) in discussion board posts. Historical
evidence should
be taken from Brinkley’s American History: Connecting with
the Past textbook,
primary documents from the America Firsthand text by Marcus,
or college level
internet websites (No Wikipedia or Answers.com should be
used). Citations of all
evidence used is a must and should be done in footnotes
reference format.
• Original student posts and replies to other students must
involve critical thinking
and academic maturity to get full credit (in other words,
everyone is entitled to
their opinions, but those opinions need to be supported with
legitimate credible
evidence to receive full credit). The post needs well -thought
out ideas. “This
was really cool!” or “I agree with what Susan says” are not
valid comments that
illustrate critical thinking or academic maturity in their
answers. If nothing
substantive is written, then you will not receive any points.
• You should have completed all readings by the date of your
original submission.
It is always clear when someone is talking about a topic where
they have not
read the materials.
• PLEASE FEEL FREE TO EXPRESS YOUR PERSEPCTIVES
BASED ON THE
EVIDENCE FROM THE SOURCES ASSIGNED for that week
on the discussion
board. All viewpoints related to the subject material are
welcome. However,
personal attacks against classmates, and/or the professor, are
not permitted, and
any such inappropriate attacks will be removed (without being
given credit) and
are cause for further disciplinary action. Profanity of any kind
is also not
permitted. Please go to the following website for
comprehensive information on
“Netiquette” and also SDCCD Netiquette Guidelines.
http://www.albion.com/netiquette/
https://www.sdccdonline.net/students/resources/NetiquetteGuide
lines.pdfDISCUSSION BOARDS OVERVIEW
1/4/2020 What the Hobby Lobby Ruling Means for America -
The New York Times
https://www.nytimes.com/2014/07/27/magazine/what-the-
hobby-lobby-ruling-means-for-america.html?_r=0 1/2
https://nyti.ms/1yUzN6A
IT’S THE ECONOMY
By Binyamin Appelbaum
July 22, 2014
Last month, as you’ve probably heard, a closely divided
Supreme Court ruled that corporations with religious owners
cannot be required to pay for insurance coverage of
contraception. The so-called Hobby Lobby decision, named for
the
chain of craft stores that brought the case, has been both praised
and condemned for expanding religious rights and
constraining Obamacare. But beneath the political implications,
the ruling has significant economic undertones. It
expands the right of corporations to be treated like people, part
of a trend that may be contributing to the rise of economic
inequality.
The notion that corporations are people is ridiculous on its face,
but often true. Although Mitt Romney was mocked for
saying it on the campaign trail a few summers ago, the U.S.
Code, our national rule book, defines corporations as people
in its very first sentence. And since the 19th century, the
Supreme Court has ruled that corporations are entitled to a wide
range of constitutional protections. This was a business
decision, and it was a good one. Incorporation encourages risk-
taking: Investors are far more likely to put money into a
business that can outlast its creators; managers, for their part,
are more likely to take risks themselves because they owe
nothing to the investors if they fail.
The rise of corporations, which developed more fully in the
United States than in other industrializing nations, helped to
make it the richest nation on earth. And economic historians
have found that states where businesses could incorporate
more easily tended to grow more quickly, aiding New York’s
rise as a banking center and helping Pennsylvania’s coal
industry to outstrip Virginia’s. The notion of corporate
personhood still sounds weird, but we rely upon it constantly in
our
everyday lives. The corporation that published this column, for
instance, is exercising its constitutional right to speak
freely and to make contracts, taking money from some of you
and giving a little to me.
Since the 1950s, however, the treatment of corporations as
people has expanded beyond its original economic logic.
According to Naomi Lamoreaux, a professor of economics and
history at Yale University, the success of incorporation led
states to broaden eligibility to advocacy groups, like the
N.A.A.C.P. and the Congress of Racial Equality, which then
became “the first corporations to convince the Court that they
deserved a broader set of rights.” Ever since, the court has
intermittently extended the logic of those rulings, and in 2010 it
ruled that an advocacy group called Citizens United had
the right to spend money on political advertising — and that
every other corporation did, too. Last month, it added
religious rights to the mix.
The basic justification is that corporations, owned by people,
should have the same freedoms as people. And in many
ways, of course, they already do. Chick-fil-A does not sell
sandwiches on Sundays. Interstate Batteries tells prospective
employees, “While it is not necessary to be a Christian to be
employed, it is a part of the daily work life for Interstate team
members.” In 1999, Omni Hotels said its new owner, a
Christian, had made a “moral decision” to stop selling pay-per-
view
pornography.
But corporations, as F. Scott Fitzgerald might have put it, are
not like you and me. Those special legal powers, which
allow them to play a valuable role in the economy, can also give
them the financial power to tilt the rules of the game by
lobbying for particular legislation, among other things. “Those
properties, so beneficial in the economic sphere, pose
special dangers in the political sphere,” Justice William
Rehnquist wrote in a dissenting opinion from a 1978 ruling that
is
a precursor to Citizens United. “Indeed, the States might
reasonably fear that the corporation would use its economic
power to obtain further benefits beyond those already
bestowed.”
What the Hobby Lobby Ruling
Means for America
https://www.nytimes.com/section/magazine
https://www.nytimes.com/column/its-the-economy
http://www.nytimes.com/by/binyamin-appelbaum
1/4/2020 What the Hobby Lobby Ruling Means for America -
The New York Times
https://www.nytimes.com/2014/07/27/magazine/what-the-
hobby-lobby-ruling-means-for-america.html?_r=0 2/2
The danger is not only that corporations can act at the expense
of society, but also that the people who control them can
act at the expense of their own shareholders, employees and
customers. While the Hobby Lobby decision ostensibly
addresses only a narrow set of circumstances — a corporation
with relatively few owners, a religious objection to
particular kinds of birth control — these sorts of limited rulings
have a history of becoming more broadly cited as
precedent over time. Also, the logic of this particular decision
was so expansive and open-ended. “A corporation is simply
a form of organization used by human beings to achieve desired
ends,” Justice Samuel Alito wrote. “When rights, whether
constitutional or statutory, are extended to corporations, the
purpose is to protect the rights of these people.” Justice Ruth
Bader Ginsburg argued in her dissenting opinion that a
corporation might object on religious grounds to paying for
blood
transfusions, vaccinations or antidepressants. Other scholars say
the same logic could justify a right to privacy as a
shield against regulatory scrutiny, or a right to bear arms.
Minority shareholders have little power to influence the choices
that corporations make. Benjamin I. Sachs, a law
professor at Harvard University, notes that while federal l aw
lets union members prevent the use of their dues for
political purposes, shareholders do not have similar rights. “If
we’re going to say that collectives have speech rights, then
we should treat unions and corporations the same,” Sachs told
me. Employees are even more vulnerable. When
companies like YUM! Brands, which owns KFC and Taco Bell,
campaign against minimum-wage increases, they are
effectively using the profits generated by their employees to
limit the compensation of those same employees. And of
course, some of Hobby Lobby’s 13,000 workers will now need
to pay for contraception.
Shareholders can sell their shares, sure, and employees can find
new jobs. But every increase in corporate rights is a
potential limitation on the menu of available jobs and
investments. “The idea that if you don’t like what the
corporation is
doing you should sell your stock, or find a different job, has a
certain amount of appeal,” said Darrell A.H. Miller, a
professor of law at Duke University. “But it also assumes that
people are able to just fish and cut bait. Capital is easier to
move around than your body and your family.”
If the court follows the logic of its Hobby Lobby decision in the
decades to come, it’s not so hard to imagine a job market
where people must interview employers about their religious
and political views. Or where people who need to make a
living may just feel compelled to accept a work environment
increasingly shaped by their employers’ beliefs.
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Discussion boards overview • students are required to f

  • 1. DISCUSSION BOARDS OVERVIEW • Students are required to follow the instructions for discussion board activities noted in the “To-Do” List for each week and each individual discussion board assignment instructions. All original posts and reactions should be carefully planned, cleanly composed, clearly communicated, and educational in orientation following the Written Assignment Checklist. • Posts are due by Monday, 11:59 p.m. each week they are assigned. Check Syllabus Semester Schedule or Canvas for exact due dates. Each student must have one original post and one response to another student by this time to receive credit for the discussion board. Submissions that do not respond to at least one other student will receive reduced points. Submissions that do not follow all instructions in the discussion board prompt will receive additional reduced points. • To train the class in the work of historical writing, students must provide historical evidence (i.e. “the proof”) in discussion board posts. Historical evidence should be taken from Brinkley’s American History: Connecting with
  • 2. the Past textbook, primary documents from the America Firsthand text by Marcus, or college level internet websites (No Wikipedia or Answers.com should be used). Citations of all evidence used is a must and should be done in footnotes reference format. • Original student posts and replies to other students must involve critical thinking and academic maturity to get full credit (in other words, everyone is entitled to their opinions, but those opinions need to be supported with legitimate credible evidence to receive full credit). The post needs well -thought out ideas. “This was really cool!” or “I agree with what Susan says” are not valid comments that illustrate critical thinking or academic maturity in their answers. If nothing substantive is written, then you will not receive any points. • You should have completed all readings by the date of your original submission. It is always clear when someone is talking about a topic where they have not read the materials. • PLEASE FEEL FREE TO EXPRESS YOUR PERSEPCTIVES BASED ON THE EVIDENCE FROM THE SOURCES ASSIGNED for that week on the discussion board. All viewpoints related to the subject material are welcome. However, personal attacks against classmates, and/or the professor, are not permitted, and
  • 3. any such inappropriate attacks will be removed (without being given credit) and are cause for further disciplinary action. Profanity of any kind is also not permitted. Please go to the following website for comprehensive information on “Netiquette” and also SDCCD Netiquette Guidelines. http://www.albion.com/netiquette/ https://www.sdccdonline.net/students/resources/NetiquetteGuide lines.pdfDISCUSSION BOARDS OVERVIEW 1/4/2020 What the Hobby Lobby Ruling Means for America - The New York Times https://www.nytimes.com/2014/07/27/magazine/what-the- hobby-lobby-ruling-means-for-america.html?_r=0 1/2 https://nyti.ms/1yUzN6A IT’S THE ECONOMY By Binyamin Appelbaum July 22, 2014 Last month, as you’ve probably heard, a closely divided Supreme Court ruled that corporations with religious owners cannot be required to pay for insurance coverage of contraception. The so-called Hobby Lobby decision, named for the chain of craft stores that brought the case, has been both praised
  • 4. and condemned for expanding religious rights and constraining Obamacare. But beneath the political implications, the ruling has significant economic undertones. It expands the right of corporations to be treated like people, part of a trend that may be contributing to the rise of economic inequality. The notion that corporations are people is ridiculous on its face, but often true. Although Mitt Romney was mocked for saying it on the campaign trail a few summers ago, the U.S. Code, our national rule book, defines corporations as people in its very first sentence. And since the 19th century, the Supreme Court has ruled that corporations are entitled to a wide range of constitutional protections. This was a business decision, and it was a good one. Incorporation encourages risk- taking: Investors are far more likely to put money into a business that can outlast its creators; managers, for their part, are more likely to take risks themselves because they owe nothing to the investors if they fail. The rise of corporations, which developed more fully in the United States than in other industrializing nations, helped to make it the richest nation on earth. And economic historians have found that states where businesses could incorporate more easily tended to grow more quickly, aiding New York’s rise as a banking center and helping Pennsylvania’s coal industry to outstrip Virginia’s. The notion of corporate personhood still sounds weird, but we rely upon it constantly in our everyday lives. The corporation that published this column, for instance, is exercising its constitutional right to speak freely and to make contracts, taking money from some of you and giving a little to me. Since the 1950s, however, the treatment of corporations as people has expanded beyond its original economic logic.
  • 5. According to Naomi Lamoreaux, a professor of economics and history at Yale University, the success of incorporation led states to broaden eligibility to advocacy groups, like the N.A.A.C.P. and the Congress of Racial Equality, which then became “the first corporations to convince the Court that they deserved a broader set of rights.” Ever since, the court has intermittently extended the logic of those rulings, and in 2010 it ruled that an advocacy group called Citizens United had the right to spend money on political advertising — and that every other corporation did, too. Last month, it added religious rights to the mix. The basic justification is that corporations, owned by people, should have the same freedoms as people. And in many ways, of course, they already do. Chick-fil-A does not sell sandwiches on Sundays. Interstate Batteries tells prospective employees, “While it is not necessary to be a Christian to be employed, it is a part of the daily work life for Interstate team members.” In 1999, Omni Hotels said its new owner, a Christian, had made a “moral decision” to stop selling pay-per- view pornography. But corporations, as F. Scott Fitzgerald might have put it, are not like you and me. Those special legal powers, which allow them to play a valuable role in the economy, can also give them the financial power to tilt the rules of the game by lobbying for particular legislation, among other things. “Those properties, so beneficial in the economic sphere, pose special dangers in the political sphere,” Justice William Rehnquist wrote in a dissenting opinion from a 1978 ruling that is a precursor to Citizens United. “Indeed, the States might reasonably fear that the corporation would use its economic power to obtain further benefits beyond those already bestowed.”
  • 6. What the Hobby Lobby Ruling Means for America https://www.nytimes.com/section/magazine https://www.nytimes.com/column/its-the-economy http://www.nytimes.com/by/binyamin-appelbaum 1/4/2020 What the Hobby Lobby Ruling Means for America - The New York Times https://www.nytimes.com/2014/07/27/magazine/what-the- hobby-lobby-ruling-means-for-america.html?_r=0 2/2 The danger is not only that corporations can act at the expense of society, but also that the people who control them can act at the expense of their own shareholders, employees and customers. While the Hobby Lobby decision ostensibly addresses only a narrow set of circumstances — a corporation with relatively few owners, a religious objection to particular kinds of birth control — these sorts of limited rulings have a history of becoming more broadly cited as precedent over time. Also, the logic of this particular decision was so expansive and open-ended. “A corporation is simply a form of organization used by human beings to achieve desired ends,” Justice Samuel Alito wrote. “When rights, whether constitutional or statutory, are extended to corporations, the purpose is to protect the rights of these people.” Justice Ruth Bader Ginsburg argued in her dissenting opinion that a corporation might object on religious grounds to paying for blood transfusions, vaccinations or antidepressants. Other scholars say the same logic could justify a right to privacy as a shield against regulatory scrutiny, or a right to bear arms.
  • 7. Minority shareholders have little power to influence the choices that corporations make. Benjamin I. Sachs, a law professor at Harvard University, notes that while federal l aw lets union members prevent the use of their dues for political purposes, shareholders do not have similar rights. “If we’re going to say that collectives have speech rights, then we should treat unions and corporations the same,” Sachs told me. Employees are even more vulnerable. When companies like YUM! Brands, which owns KFC and Taco Bell, campaign against minimum-wage increases, they are effectively using the profits generated by their employees to limit the compensation of those same employees. And of course, some of Hobby Lobby’s 13,000 workers will now need to pay for contraception. Shareholders can sell their shares, sure, and employees can find new jobs. But every increase in corporate rights is a potential limitation on the menu of available jobs and investments. “The idea that if you don’t like what the corporation is doing you should sell your stock, or find a different job, has a certain amount of appeal,” said Darrell A.H. Miller, a professor of law at Duke University. “But it also assumes that people are able to just fish and cut bait. Capital is easier to move around than your body and your family.” If the court follows the logic of its Hobby Lobby decision in the decades to come, it’s not so hard to imagine a job market where people must interview employers about their religious and political views. Or where people who need to make a living may just feel compelled to accept a work environment increasingly shaped by their employers’ beliefs.