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  •  I don't think that answers my question (3+ / 0-)
    Recommended by:
    misslegalbeagle, VClib, Musial

    Privileges are discretionary. Rights are not.
    Are you saying that the State of Washington could pass a law banning a corporation from distributing a newspaper or seizing property of a corporation without compensation?

    You have the right to your own opinions, but not your own facts. "I never did give anybody hell. I just told the truth and they thought it was hell."- Truman

    by trumanesque on Tue Apr 29, 2014 at 05:03:04 PM PDT

    [ Parent ]

    •  Maybe I'm missing your point. (0+ / 0-)

      In your first post, you described privileges held by corporations with a valid charter. If a corporation breaks the law, then it may be prevented from conducting its business (revoke the charter), or have its assets confiscated as restitution.

      Your second post seems to be asking something else:

      Can a government entity act against a corporation in a way that would be a violation of their rights if they were a human?

      Now that IS an interesting question, and I don't have a good answer. My first take is that many of the same protections should apply, but their grounding shouldn't be in the constitution, but in corporate law. This would allow us to protect corporations from unreasonable search and seizure without being forced to recognize any corporation's "deeply-held religious belief," which is an absurdity.

      ...if you plant ice you're gonna harvest wind. (RH/JG)

      by telebob1 on Tue Apr 29, 2014 at 06:20:47 PM PDT

      [ Parent ]

    •  Fairly clear that such an amendment, which isn't (0+ / 0-)

      going to happen, could be used to shut down the free press. Moreover vast majority of corps are victimized by crony capitalism as well. The Amenders have yet to wake up after being knocked out of the game in McCutcheon. First, it's never been about corps, rather plutocratic families. And the backup is Scalia's theory that behind corp speech is individual speech. Second, there's nothing an amendment can do once the Court rules that Congress has no say, Art 1 Sec.  4 and 5 notwithstanding. The amendment movement is over. The Democratic Party won't let on that it's a coup d'etat by the Court, because Bluetocrats are beneficiaries.

      Both the electorate and Congress have been pacified, sanity calls for unusual measures such as voters organized on their own behalf to swing elections to get a Congress that will defend it's turf against a rogue Court that went through all the stop signs set up since Marbury. The system is crashed. That means getting a rescue operation, unlikely not to require the exceptions clause, Madison's gift to small "d" democrats against judicial supremacism, something like a can of spinach is to Popeye.

      The overall picture is that the former Democrats who governed through Congress since FDR, have been defeated, there is no Congress. There is no Democratic  Party without a Congress. There's no Democratic Party, just a cartoon character running in midair off a cliff in chase of an amendment (non-Congressional strategy, as if the states are going to rescue the nation). Gravity won't crash the Dems, because the strings attached to Bluetocrat money will hold them up in the air, much as the plutocrats have their own puppet voters on the right.  

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