Posts Tagged court

Is a corporation really like a person?

In the US, (IMHO very bad) court decisions have made it so that businesses – corporations – are commonly treated as if they were persons under the law. This leads more or less naturally to weighing the rights of the corporations against the rights of a flesh-and-blood person; and when a corporation contributes more to the public trough than the citizen does, the outcome is often a foregone conclusion.

Lately, it’s been rattling around in my old head that perhaps, instead of treating corporations like persons, we should treat them like useful, but very dangerous, viruses. Comparable to one that generates some useful end product, but would eat your flesh off if you got any on you. Because other than the end products they make, I’m really hard put to think of much good corporations do unless they’re legislated into a corner and forced into it.
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Let's talk Commerce Clause

One of the higher profile judicial injuries done to the constitution is the Supreme Court’s commerce clause scam. The commerce clause of the US constitution simply says that congress is authorized the power to regulate interstate commerce. Interstate means between the states. It’s always meant that.

But the Supreme Court has trashed the actual meaning and replaced it with the following: They now have the power to regulate any commerce, anywhere, including when it transpires entirely within a single state, on the premise that something could be used for interstate commerce.

Here’s what they mean by that, and why the commerce clause is now 100% applied as authority to use power to regulate “intrastate commerce”, the exact opposite of the constitution’s intent.

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The Sotomayor Nightmare

ConstitutionBurningThe role of our constitution has been eroded to an already frightening degree by decades of congressional and judicial malfeasance. The 1st, 2nd, 4th, 5th, 6th, 8th, 9th and 10th amendments have all been roundly scorned; the commerce clause outright inverted; the ex post facto directives ignored; and the article 3 authorization to judge constitutional issues perverted into a de facto power to amend.

Now comes Obama’s nomination of Judge Sonia Sotomayor, a judge with a history of outright constitutional bewilderment. If she is confirmed, as seems likely, there can be no doubt that the injuries to the basis for our constitutional republic will accelerate. Just look at her history:

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