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To: PapaNew
So it's only a matter of time unless or until SCOTUS overturns or the states nullify unconstitutional laws and cases like the opinion in Brown that inexplicably and unconstitutionally broke the 75-year precedent of Slaughterhouse.

IMO, the root problem is the legal theory behind the existential status of American corporations. Right now there doesn't seem to be any guiding rule for their purpose, other than to serve the State as income providers. That's why Brown could overturn Slaughterhouse, because it was based on a "new" interpretation of the "needs of the State."

I would argue, however, that corporations are not, in fact, free-floating legal entities entirely at the control of the State in America. Because the very nature of the underlying government of the original Constitution is one of Negative Rights, i.e. derivation from and subservience to the People, and not the other way around. In addition, American corporations are owned by and employee these same Constitutionally-acknowledged People. Thus the claim that a subservient government can somehow "create" a legal entity that is itself free from subservience to the People is, IMHO, oxymoronic. It is an interpretation that can exist in other countries, but not in America - by definition. Because a derivative power can do nothing that is not a result solely of that derived power.

Worse yet, to claim that that derived power can somehow create a derivative power which, in turn, is superior to the People from whom the power is derived, is taking the erroneous logic to its logic conclusion of impossibility. yet that is exactly what has been done - or at least, that is what has been enacted, and studiously avoided being addressed.

In short, the operating system of your computer cannot derived a program with the authority to control you. It might somehow concoct the command system of control that others use as a justification to control you, but the derivation of authority it claims for that control simply cannot lawfully or even logically exist, by definition.

124 posted on 06/30/2014 3:44:44 PM PDT by Talisker (One who commands, must obey.)
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To: Talisker

When they successfully claim “compelling state interest” or change the standard of scrutinizing government interference of our 1st Amendment rights, you’ll see, as you do now, the justification of using the 14th Amendment. When they come to arrest you because your church is now considered a “public place” or your land is considered property of the government which will not allow “hate speech”, it will be about the destruction of the Constitution, not about corporate law as convoluted as it may be.


125 posted on 06/30/2014 3:55:19 PM PDT by PapaNew
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