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2025-01-13 07:00 by Karl Denninger
in Musings , 250 references Ignore this thread
Time For a Legal Change
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The Constitution, under the 14th Amendment, states that all persons are entitled to equal protection of the laws.

Here is the actual text:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Note that equal protection means just that; there can be no "super class" within the United States.

But, in addition "person" is a human person.

Therefore a corporation, or other "artificial person" created by dint of other than the biological act of joining egg and sperm of untampered, natural human origin is not a person and therefore has no rights under the Constitution whatsoever.

corporation has privileges granted by its corporate charter which is either the domestic charter (in the state where it is incorporated) or a foreign charter which it can be compelled to apply for in each state where it operates and in each of those states it may have different privileges depending on State Law.

One thing must be made clear at the same time: No corporation can override actual Constitutional Rights held by a person.  That is, "pre-dispute arbitration" or "waivers" proffered by a corporation to a person are void ab-initio.  A corporation can sign those with another corporation and have them be valid because the other corporation has no Constitutional rights either but they must be held to be void in all interactions with actual persons.

In short a corporation has no due process rights because it has no rights.  A state may allow such protections within its borders but while Interstate (and international) Commerce resides under exclusive federal jurisdiction once products or services reside within a given state the conduct of said business inside the state carries no rights by the corporation -- only privileges the state may choose to enact and they may be revoked at any time through state legislative process without recourse.

This also applies to any other created "artificial person" -- such as an AI.

This change solves many problems all at once.

Let's get it done.

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