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MayReasonRule

(3,817 posts)

36. States Grant Corporations Particular Powers And Without That Power Corporations Have No Rights To Contest

Sun Sep 21, 2025, 11:24 AM

Sunday

Here are the summary quotes that provide the basic context of the argument:
Justice Byron White's dissent 1986 SCOTUS Bowers v. Hardwick:

"The state need not let it's own creation consume it."

🔸 Corporate rights: ➪ Courts Protect
🔸 Corporate powers: ➪States Grant
=================================================

Here’s the move: Corporations are creatures of state law. They start with zero powers, and states choose which powers to grant. When a state rewrites its corporation laws to no longer grant the power to spend in politics, that power simply does not exist. And without the power, there’s no right to protect.

Happy Sunday y'all!

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scipan Wednesdays Scrivener7

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Highlight:

New research: Citizens United Can Be Made Irrelevant Via Changes To State Corporation Law [View all] MayReasonRule Sunday OP

Nice to have a little hope Easterncedar Sunday #1

We need more ideas like this newdeal2 Sunday #2

Posted here on DU earlier this week mtngirl47 Sunday #16

Indeed, This Is Step #1 MayReasonRule Sunday #17

It's long, long overdue. xuplate Sunday #3

It is! The Citizens United decision happened 15 years ago, and has been destroying our country since. Scrivener7 Sunday #6

So what would be the result if WestMichRad Sunday #4

It appears that if you get Delaware on board, you get the vast majority of corporations. 81% in 2024. Scrivener7 Sunday #7

Great point! WestMichRad Sunday #9

Indeed, That Was My First Thought As Well Until They Mentioned Deleware Within The Audio Summary MayReasonRule Sunday #18

I wonder if this would cause corporations to leave Blue states MadameButterfly Sunday #26

While A Fair Concern... ProfessorGAC Sunday #49

It seems as if Delaware is the most advantageous state for larger companies, Scrivener7 Sunday #54

Very blue state. Delaware voted more than 56% for Harris in 2024 Wednesdays Sunday #59

But to do this, 70sEraVet Sunday #5

But if you got Delaware and the blue states, you cover a lot of the necessary ground. Scrivener7 Sunday #8

Could Delaware lose its status as the preferred state then? Lucky Luciano Sunday #11

That was my first thought as well... SickOfTheOnePct Sunday #12

They Discuss This Very Matter Within The Posted Audio Summary MayReasonRule Sunday #19

Instead of corporate loss Marthe48 Sunday #20

OK, but existing corporations probably wouldn't do that right away. Scrivener7 Sunday #13

The report addresses this newdeal2 Sunday #15

But, tell me if I understand this right: a state can regulate a corporation's activities to Scrivener7 Sunday #60

Dead On Point MayReasonRule Sunday #62

This message was self-deleted by its author Lucky Luciano Sunday #10

How would a state prevent TV commercials from another state from entering their airwaves? MichMan Sunday #14

Regional ads are used all the time. Add a regulation, and use that same technology. Scrivener7 Sunday #21

Yes, and if you live in the vicinity of a state border, you see or hear them all the time. MichMan Sunday #22

OK. So? Are you saying it shouldn't be done because a few people at the border will Scrivener7 Sunday #24

Because that would be overturned under numerous FCC, interstate commerce, and First Amendment grounds MichMan Sunday #30

What would be overturned? You'd be limiting the money from the corporations being spent anywhere. Scrivener7 Sunday #34

So Illinois could pass a law not allowing a corporation chartered in South Dakota from airing TV ads in Indiana? MichMan Sunday #39

No. It has nothing to do with that. Delaware passes the law. All the corporations that are chartered Scrivener7 Sunday #46

Has Delaware indicated they support it? MichMan Sunday #51

Oh, jeez. Maybe read the article. Scrivener7 Sunday #52

The article doesn't mention the odds of Delaware passing it. MichMan Sunday #53

Well, then, you should call the Center for American Progress and tell them you have more important things to do Scrivener7 Sunday #55

😁😁 MayReasonRule Monday #63

It's really a great idea. It doesn't take care of the billionaires and their pacs, but it does Scrivener7 Monday #64

Hell Yeah! Thanks Scrivener7! MayReasonRule Monday #65

Lol No. What Reeks Of Authoritarianism Is Having The Government Run By Corporations It's The Very Definition Of Fascism MayReasonRule Sunday #28

Waiting to hear how you prevent TV and Radio ads from other states from crossing state lines MichMan Sunday #31

There Are Technological Challenges, Nonetheless This Would Have A Profoundly Positive Impact Overall MayReasonRule Sunday #33

I still don't get your issue. It's a matter of where the corporations incorporate, not where ads go. Scrivener7 Sunday #35

If I understand you, if Illinois passed this law, any corporation from Illinois couldn't make political contributions MichMan Sunday #41

The vast majority of corporations are incorporated in Delaware. Delaware passes the law. Scrivener7 Sunday #48

I get what MichMan is saying... SickOfTheOnePct Sunday #43

No. It's not the state that's involved. It's the corporation. It's not the location of the ad that's restricted, Scrivener7 Sunday #50

Rec! Ponietz Sunday #23

Early in our history, corporations existed in a much more limited scope for a reason ToxMarz Sunday #25

Won't they all just .... Mustellus Sunday #27

They Discuss This Within The Twenty MInute Audio Linked Within The Body Of The Post MayReasonRule Sunday #29

What's to stop the MAGA SCOTUS from declaring the rewritten state laws unconstitutional? Fiendish Thingy Sunday #32

States Grant Corporations Particular Powers And Without That Power Corporations Have No Rights To Contest MayReasonRule Sunday #36

Doesn't answer my question Fiendish Thingy Sunday #37

Happy Sunday Again Y'all - I Really Appreciate Folks Like You That Desire To Dig Into The Heart Of The Matter MayReasonRule Sunday #38

Thank you for the deep dive, but this begs the question: Fiendish Thingy Sunday #40

Probably because Uncle Joe Sunday #42

No Doubt That There Are Officers Of The Court Within This Forum That Might Provide Greater Insight... MayReasonRule Sunday #45

Jeez. That's beautiful. Great find, MayReasonRule. You've made my day. Scrivener7 Sunday #61

You got me! SickOfTheOnePct Sunday #44

Here Ya' Go... MayReasonRule Sunday #47

I'm sure it's that you're just smarter than all the people in CAP who've been studying this. Scrivener7 Sunday #56

If only there was a lot of dark money behind it, it might have a chance of passing MichMan Sunday #57

Thanks for the post. cksmithy Sunday #58