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Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
Yeah. The real answer is that the right to donate to political campaigns is closer to a right like voting than it is to a right like owning property.

There are some policy justifications in some contexts though -- it makes sense to allow industry comments on regulations governing the industry, for example.


VitalSigns posted:

I don't understand how the constitution can guarantee any human rights for corporations, when corporations are a creation of federal law and can all be legislated back out of existence tomorrow

Keep in mind that legal reasoning is almost always 10000% retroactive. Judges almost always decide the result they want first, then find the reasoning that justifies it. This is *especially*, but not uniquely, true for conservative-movement judges.

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Doc Hawkins
Jun 15, 2010

Dashing? But I'm not even moving!


VitalSigns posted:

I don't understand how the constitution can guarantee any human rights for corporations, when corporations are a creation of federal law and can all be legislated back out of existence tomorrow

We legislate natural persons out of existence too, though admittedly there's always a few busywork steps in-between.

Kalman
Jan 17, 2010

VitalSigns posted:

I don't understand how the constitution can guarantee any human rights for corporations, when corporations are a creation of federal law and can all be legislated back out of existence tomorrow

Just to be clear - corporations are almost all a creation of *state* law, and Congress probably does not have the power to legislate them out of existence even if that was something they wanted to do. They can regulate them within the limits set on Congress, but they have no actual control over whether they get created or not.

That's Delaware's job.

(There was debate at the Constitutional Convention over whether to provide Congress with the power to create corporations; Madison proposed it, and it was rejected.)

haveblue
Aug 15, 2005



Toilet Rascal
Would this hypothetical radical anticorporate Congress be able to ban them from participating in interstate commerce? That would have the same practical effect.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things
One of Warren's bills is to require corporations of a certain size that conduct interstate commerce to charter with the federal government and adhere to certain requirements:
https://www.congress.gov/bill/115th-congress/senate-bill/3348/text

Kalman
Jan 17, 2010

haveblue posted:

Would this hypothetical radical anticorporate Congress be able to ban them from participating in interstate commerce? That would have the same practical effect.

Sure, why not.

(Would the Supreme Court uphold that? Probably depends on which Supreme Court you get, it's not like Commerce Clause jurisprudence is anything resembling coherent.)

OddObserver
Apr 3, 2009

Hieronymous Alloy posted:



Basically, "corporate personhood" is a bit of a distraction; corporations have *some* of the rights of people, and not others. The question is over *which* rights the corporations have, and the USSC has generally been very expansive on that (basically on the theory that corporations are made up of people).

I would expect equal protection under the 14th to apply to whatever rights corporations do have, since given the ammendment's history it ought to protect a business owned by black people from being treated unfairly by the state government.

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

twodot posted:

One of Warren's bills is to require corporations of a certain size that conduct interstate commerce to charter with the federal government and adhere to certain requirements:
https://www.congress.gov/bill/115th-congress/senate-bill/3348/text

I'd been too lazy to actually find the bill. Thanks!

The important criterion is "a billion dollars a year in revenue". I think that's a bit high as a floor but it also means the bill would be easier to defend in court.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Kalman posted:

Just to be clear - corporations are almost all a creation of *state* law, and Congress probably does not have the power to legislate them out of existence even if that was something they wanted to do.

"No non-natural person may engage in interstate or foreign commerce in the United States of America" would probably do it (e;f,b).

Kalman posted:

(There was debate at the Constitutional Convention over whether to provide Congress with the power to create corporations; Madison proposed it, and it was rejected.)

There are only a few federal corporations (U.S. Postal Services, Tennessee Valley Authority, etc.), yes, each with its own enabling statute...and then all the national banks with "Wells Fargo Bank, N.A." which confused me the first time I saw that as an entity name.

https://fas.org/sgp/crs/misc/RL30365.pdf
https://www.occ.treas.gov/topics/licensing/national-banks-fed-savings-assoc-lists/national-by-name-pdf.pdf

Drone Jett
Feb 21, 2017

by Fluffdaddy
College Slice
Looking forward to it being constitutional to make it illegal for corporations to own printing presses, broadcast licenses, or internet publishing platforms used in interstate commerce if you guys get your way.

It will also be excellent for the economy if corporations can have their property seized without compensation.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

Drone Jett posted:

Looking forward to it being constitutional to make it illegal for corporations to own printing presses, broadcast licenses, or internet publishing platforms used in interstate commerce if you guys get your way.

It will also be excellent for the economy if corporations can have their property seized without compensation.

This but unironically.

Zoran
Aug 19, 2008

I lost to you once, monster. I shall not lose again! Die now, that our future can live!

Drone Jett posted:

It will also be excellent for the economy if corporations can have their property seized without compensation.

I agree, it will be excellent for several prominent companies to be nationalized and for their largest shareholders to be expropriated. Maybe we can start with Amazon, since that's a monopoly and there's no particular benefit to keeping it in private hands.

VitalSigns
Sep 3, 2011

Drone Jett posted:

Looking forward to it being constitutional to make it illegal for corporations to own printing presses, broadcast licenses, or internet publishing platforms used in interstate commerce if you guys get your way.

It will also be excellent for the economy if corporations can have their property seized without compensation.

What about any of that would be bad, it all sounds neutral to super duper good

Dead Reckoning
Sep 13, 2011
Well, once it's established that groups of people organized and pooling resources under a common charter have no rights whatsoever, we can proscribe troublesome groups like the NRA, or the ACLU. After all, their members will still have the right to pursue their political interests individually.

ilkhan
Oct 7, 2004

I LOVE Musk and his pro-first-amendment ways. X is the future.

Dead Reckoning posted:

Well, once it's established that groups of people organized and pooling resources under a common charter have no rights whatsoever, we can proscribe troublesome groups like the NRA, or the ACLU. After all, their members will still have the right to pursue their political interests individually.
And unions. And non profits. And...

I still don't understand why liberals are in such a hurry to lose the next civil war, but that's a different subject.

AGGGGH BEES
Apr 28, 2018

by LITERALLY AN ADMIN
People don't suddenly lose their rights because they choose to act collectively instead of individually.

Doc Hawkins
Jun 15, 2010

Dashing? But I'm not even moving!


VitalSigns posted:

What about any of that would be bad, it all sounds neutral to super duper good

I believe they're suggesting it will encourage capital flightfinancial terrorism.

hobbesmaster
Jan 28, 2008

AGGGGH BEES posted:

People don't suddenly lose their rights because they choose to act collectively instead of individually.

Unless they're commies.

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

AGGGGH BEES posted:

People don't suddenly lose their rights because they choose to act collectively instead of individually.
Whoa there, Mr Roberts.

VitalSigns
Sep 3, 2011

Dead Reckoning posted:

Well, once it's established that groups of people organized and pooling resources under a common charter have no rights whatsoever, we can proscribe troublesome groups like the NRA, or the ACLU. After all, their members will still have the right to pursue their political interests individually.
You don't need to rule that the ACLU is a person with religious beliefs in order to strike down a law singling it out based on the speech of its members, you can just make that argument on the basis of the first amendment rights of the natural persons involved

Freakazoid_
Jul 5, 2013


Buglord

AGGGGH BEES posted:

People don't suddenly lose their rights because they choose to act collectively instead of individually.

They do when they form a union :v:

Charlz Guybon
Nov 16, 2010

ulmont posted:

"No non-natural person may engage in interstate or foreign commerce in the United States of America" would probably do it (e;f,b).


I don't see how you can justify banning sapient artificial intelligences from engaging in interstate commerce. :colbert:

AGGGGH BEES
Apr 28, 2018

by LITERALLY AN ADMIN

Freakazoid_ posted:

They do when they form a union :v:

Is this about unions collecting money from nonmembers and then spending it on political stuff?

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Zoran posted:

I agree, it will be excellent for several prominent companies to be nationalized and for their largest shareholders to be expropriated. Maybe we can start with Amazon, since that's a monopoly and there's no particular benefit to keeping it in private hands.

Amazon is just a private company that figured out how to build a shopping infrastructure for the internet. That's great for them but they're a natural monopoly and there is no particular reason not to nationalize natural monopolies.

Drone Jett
Feb 21, 2017

by Fluffdaddy
College Slice
Yes, nationalize Amazon to stop its (checks notes) lower prices and better service, typical monopoly behavior.

reignonyourparade
Nov 15, 2012

Drone Jett posted:

Yes, nationalize Amazon to stop its (checks notes) lower prices and better service, typical monopoly behavior.

Nationalize Amazon to stop it basically stealing the entire business plan of anyone who operates on Amazon (it is not functionally possible to not operate on amazon) and then strategically sabotaging them while establishing a subsidiary competitor.

AGGGGH BEES
Apr 28, 2018

by LITERALLY AN ADMIN
The government has no business doing what Amazon does. They arn't providing any kind of essential public service that the government could do better. In fact, given how worthless the USPS is, quite the contrary.

Dameius
Apr 3, 2006
Can you expand on why you think the USPS is worthless?

golden bubble
Jun 3, 2011

yospos

UPS and Fedex subcontract a lot of the last mile of their delivery out to USPS. The only reason small towns and truly rural areas get any mail is because USPS exists. Without it, private corporations would abandon deliveries to truly rural areas, like Alaska, both Montanas, and the parts of Colorado outside of the greater Denver metropolitan area.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

AGGGGH BEES posted:

The government has no business doing what Amazon does. They arn't providing any kind of essential public service that the government could do better. In fact, given how worthless the USPS is, quite the contrary.

The government shouldn't do what Amazon does!

*Leaps immediately to the example that proves why the government could do it just as well or better*

FedEx and UPS both rely on the infrastructure established by the USPS for their business models to function. Ever heard of zip codes?

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



AGGGGH BEES posted:

The government has no business doing what Amazon does. They arn't providing any kind of essential public service that the government could do better. In fact, given how worthless the USPS is, quite the contrary.

The USPS worthless? :lol:

OniPanda
May 13, 2004

OH GOD BEAR




Mr. Nice! posted:

The USPS worthless? :lol:

Had some idiot on Facebook also tryin to say this dumb poo poo too. Asked why aren't you questioning why the USPS is worse than it's could be and who's behind the laws and regulations surrounding them. HINT: it's republicans, the one who are tying to destroy anything public so they can privatize it.

I used to work at FedEx. We shipped a lot of USPS mail bags. Because republicans mandated that they turn over a certain portion of their mail to FedEx and UPS because clearly they couldn't meet the shipping demands :ssh:

blackmongoose
Mar 31, 2011

DARK INFERNO ROOK!
Don't scare him off, we might have a new jrodefeld here and that could provide years of entertainment

FAUXTON
Jun 2, 2005

spero che tu stia bene

The USPS probably also would need a constitutional amendment in order to be abolished or even privatized, wouldn't it? Or is the general interpretation that it's all an enumeration of powers and nothing implying specific duties?

Deuce
Jun 18, 2004
Mile High Club

AGGGGH BEES posted:

The government has no business doing what Amazon does. They arn't providing any kind of essential public service that the government could do better. In fact, given how worthless the USPS is, quite the contrary.

The USPS is amazing at their job. You got duped by all the propaganda about how they’re in debt, didn’t you?

hobbesmaster
Jan 28, 2008

FAUXTON posted:

The USPS probably also would need a constitutional amendment in order to be abolished or even privatized, wouldn't it? Or is the general interpretation that it's all an enumeration of powers and nothing implying specific duties?

The constitution doesn't say the USPS has to be useful so thats probably how they'd get over that one.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

FAUXTON posted:

The USPS probably also would need a constitutional amendment in order to be abolished or even privatized, wouldn't it? Or is the general interpretation that it's all an enumeration of powers and nothing implying specific duties?

Enumeration of powers. The Constitution says Congress has the power to establish post offices and post roads, but not that Congress must do those things.

...right near the post offices Congress is given the power to grant letters of marque and reprisal, but it's been a very long time (over 200 years) since that's happened.

Dead Reckoning
Sep 13, 2011

ulmont posted:

Congress is given the power to grant letters of marque and reprisal, but it's been a very long time (over 200 years) since that's happened.
A drat shame, IMO. I would have loved to see billionaires in superyachts duking it out with the Libyan Navy.

Space Gopher
Jul 31, 2006

BLITHERING IDIOT AND HARDCORE DURIAN APOLOGIST. LET ME TELL YOU WHY THIS SHIT DON'T STINK EVEN THOUGH WE ALL KNOW IT DOES BECAUSE I'M SUPER CULTURED.

AGGGGH BEES posted:

The government has no business doing what Amazon does. They arn't providing any kind of essential public service that the government could do better. In fact, given how worthless the USPS is, quite the contrary.

Have you ever had an amazon package delivered by AMZL, their in-house package delivery service?

I've been trying to cut back on how much I use Amazon for a lot of reasons, and let me tell you, their horrible shitshow of a delivery service has made it a whole lot easier. "No corner left un-cut at any level" is the most generous way I can describe their USPS-alike service, and they only do the easy stuff in dense city environments.

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Dameius
Apr 3, 2006

blackmongoose posted:

Don't scare him off, we might have a new jrodefeld here and that could provide years of entertainment

Well I was trying before everyone dog piled. :mad:

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