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this post was submitted on 06 Jan 2024
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But SCOTUS can define entities (if existing law doesn't already do so, though SCOTUS can also strike down those laws if it wants to), and what it comes down to is if SCOTUS defines a corporation as a citizen, vs a business entity, a construct.
Then laws would be judged based on the entity they're being applied to.
For example, pets are considered property in the eyes of the law, so laws are applied to them as if they were property, and not citizens.
A construct should not be a citizen, legally or otherwise. It's not a restrictions issue, it's an entity identification issue.
We might be conflating two things here, or I just have no idea what you are talking about.
Using your pet example, if the pets were to start spending money on politics, the court might still rule that, like with corporations, it does not have the right to limit how much pets donate to political causes.
But this has never come up, so I can't see how you would argue that the court would not rule this way.
Well my understanding the conversation was about if SCOTUS could declare a corporation as a citizen/person or not.
If I understood you correctly, you were talking from the point of view that's SCOTUS doesn't restrict things, so it was valid for them to do so.
I'm speaking towards that it's not a restriction, it's a classification, which SCOTUS is allowed to do, so they could declare a corporation as not been a citizen/person.
I'm not even sure how you got to this. WRT to restrictions, I was talking about the COTUS (the Constitution of the US), not the SCOTUS (Supreme Court of the US). And, more importantly, I was saying it is a restriction on the government, not that it doesn't restrict things.
I got that opinion based on this comment from you...
From my reading of your comment I'm assuming "it" was COTUS and "they" was SCOTUS.
Rereading it, I guess I can see how it might have been confusing. But by restrict in that sense I was referring to the state restricting spending on speech.