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View Diary: Supreme Court could rule as early as Monday on Montana-related review of Citizens United (98 comments)

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  •  Being a 'foreign corporation', that is, one whose (0+ / 0-)

    principal incorporation is not in the state at issue, does not mean that a corporate regulation in state X would not apply, since the right to a corporation to function in a state in which it is not incorporated is a form of license, a permission, and where such permission has the same limits as those of domestic corporations, it is not being discriminated against.

    As to foreign corporations which are not incorporated anywhere in the US, they are still IIRC forbidden to participate or dump money into US elections, entirely. That's why everyone is yelling about Sheldon Adelson this morning, with the money coming from his foreign businesses, at least supposedly so.

    As it is, the problem of 'foreign' corporations,  incorporated in one US state, is one which needs addressing, as what happens is that Delaware or South Dakota competes in the looseness of regulation in exchange for the fees, and then the idea is that the corporation can do in states which otherwise forbid it, whatever its home state allows. That's why IIRC all the credit card companies are trying to be functioning in SD where their limits on interest and the usury laws are so lax, and so much is so lax in Delaware, intentionally.

    There is also the issue that if a state can exclude a class of persons from the franchise, voting, something no corporaiton can do, and no felon can do, what is the real problem with determining that a class other than felons cannot participate in the legal system, or of saying that he or she who cannot vote cannot be involved in the system of voting and related campaigning.

    Of course, the part of this idea I like is changing the way corporations and the criminal laws interact, such as barring a corporation from functioning as one for a finite time for felony convictions, rather than endlessly limiting them to fines which just become costs of doing business while organic people get to go to jail, be subject to probation restrictions and so forth.

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