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RE: Now Corporations Claim The 'Right To Lie'

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RE: Now Corporations Claim The 'Right To Lie'
by Moon Pie at 3:04 pm EST, Jan 12, 2003

Maybe this will clear up some confusion. Individuals have rights, as citizens. Corporations however, according to the U.S. Supreme Court:
A corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises and holds them subject to the laws of the state and the limitation of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and ascertain if it has exceeded its powers.
In Black's Law Dictionary we find a similar definition:
[A corporation is] an artificial person or legal entity created by or under the authority of the laws of a state. An association of persons created by statute as a legal entity.... The corporation is distinct from the individuals who comprise it (shareholders).... Such an entity subsists as a body politic under a special denomination, which is regarded in law as having a personality and existence distinct from that of its several members....
The laws dictating incorporation are very specific:
A corporation derives its existence and all of its powers from the State and, therefore, has only such powers as the State has conferred upon it. Power is used here to mean the legal capacity to execute and fulfill the objects and purposes for which the corporation was created, and the source of this power is the charter and the statute under which the corporation was organized.
Corporate existence is a privilege granted by the sovereign upon compliance with specified conditions.
Every corporation has obtained a charter from the State of Incorporation. This charter is simply permission to exist given to the corporation, without which, its operations would be considered illegal. In addition to the charter are the articles of incorporation:
The objects or purposes for which a corporation is formed are expressly stated in its articles of incorporation, which delineate in general language the type of business activities in which the corporation proposes to engage.

Phwew!

Nike’s gambit is to stretch out that ‘artificial person’ part to gain all the protections for corporations that natural persons have.
All the shareholders, all the natural persons *forming* the corporation ARE STILL PROTECTED under the Bill of Rights. Denial of the Bill of Rights to corporations is nothing new. That’s how it’s always been! They are not people! The secret police/homeland security are not going to bash down Nike’s boardroom door if they lose this case. The argument of ‘the Left’ is that corporations are plenty powerful as it is, please don’t take away all the controls that still, at least legally, exist, by calling a corporation a citizen.

I’ve just got to add, I didn’t say ‘monied industrial concerns’ was a legal term, I was paraphrasing Abe Lincoln.
And, churches, and the Linux fan club or whatever, are 501(c)(3) non-profit organizations, not taxable, for profit entities like Nike or AT&T. They’re great. I’d love to start my own tax-free religion someday. Want to help?

RE: Now Corporations Claim The 'Right To Lie'


 
 
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