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View Diary: MONTANA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! (288 comments)

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  •  I think you are confusing corporations and (0+ / 0-)

    the shareholders of corporations.  The shareholders  ulitmately are "natural people" (humans).  Corporations are inanimate constructs of law, not "natural people."

    The issue of taking corporate property is a taking from the shareholders (natural people), which is covered by the Constitution (5th Amendment)

    To quote:

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    I have bolded the word "person."

    It is a principle of legal construction of the meaning of a word in a document is that the same word means the same thing whem used repeatedly.  Here "Person" can ONLY mean "natural person"  because a corporation can't serve in the militia, and can't be "put in jeopardy of life or limb," and can't be deprived of "life, liberty."

    So I have a BIG problem with some of our ORIGINALIST Justices of the Supreme Court holding that because corporations as "persons" for puposes of contract law, they ALSO become "persons" (as in "natural persons") as regards the 5th Amendment, or the 1st Amendment.

    And the First Amendment says:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    When is the last time you saw a corporation in church?

    Again, "the right of the people peaceably to assemble" deals with HUMANS, not with disembodied COPORATIONS.  How do you "assemble" a bunch of corporations (not the owners of the corporations, and not the representatives of the corporations, the corporations themselves)?  Do you pile up their certificates of incorporation on a table?

    CU is a politically motivated opinion that runs counter even to the stated positions of several Justices who voted in the majority.  

    "The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave." -- Patrick Henry

    by BornDuringWWII on Mon Jan 02, 2012 at 04:05:03 AM PST

    [ Parent ]

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