A forum for discussing law, politics and the character of value.
Saturday, August 29, 2009
200 years
A history of families connected to CRV, from settlement to the Civil War. I lost the whistles and bells of this, being unable to hit the correct button somewhere. It's to the effect that
Corp is Old Borg. Neither the entity nor the word existed at the time the Founding Fathers wrote. The Supreme Court had to adopt a "fiction" in order to address the fact of an incorporation appearing before them, except in the sense of a simple contractual dispute, as an escaped slave was considered. Today's 'strict constructionalists' have to entangle their own gonads to bray their common chant. Their solution is simply to lend a blind eye to the fictional creation, accepting it in the myopic notion that precedent governs. Now, like some cousin banks, some corporations are just too big to fail. A task long overdue is to more rationally conceptualize 'corporation' in light of the over all 'sense' of the Constitution. I'd love to continue the rant, but its an Old Rant. It retraces, and in many instances, replaces Constitutional History. Somehow, that the theory of thier existence at all, that they serve the public interest, has to be enforced. That must be done under an umbrella of 'substantial public interest', rather than "any trivial, contrived or imaginary interest as is presently the rule. Under such a concept, of course, the actions by the president in the internal affairs of GM, BofA, AIG, etc., is perfectly legitimate aot what the neo-republicans are yelling. The End
1 comment:
Corp is Old Borg. Neither the entity nor the word existed at the time the Founding Fathers wrote. The Supreme Court had to adopt a "fiction" in order to address the fact of an incorporation appearing before them, except in the sense of a simple contractual dispute, as an escaped slave was considered. Today's 'strict constructionalists' have to entangle their own gonads to bray their common chant. Their solution is simply to lend a blind eye to the fictional creation, accepting it in the myopic notion that precedent governs. Now, like some cousin banks, some corporations are just too big to fail. A task long overdue is to more rationally conceptualize 'corporation' in light of the over all 'sense' of the Constitution.
I'd love to continue the rant, but its an Old Rant. It retraces, and in many instances, replaces Constitutional History. Somehow, that the theory of thier existence at all, that they serve the public interest, has to be enforced. That must be done under an umbrella of 'substantial public interest', rather than "any trivial, contrived or imaginary interest as is presently the rule.
Under such a concept, of course, the actions by the president in the internal affairs of GM, BofA, AIG, etc., is perfectly legitimate aot what the neo-republicans are yelling.
The End
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