If "persons" are corporations, "enemies" are diseases

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The term "person" is often applied to corporate entities, referring to legal persons such as corporate bodies chartered by the state. Only by affixing the qualifier "natural" (argues the "originalist") does the phrase concern human beings alone. It is this very distinction that has endowed legal fictions with human rights.

Taking this tack, we must apply the same logic to the term "enemies." When debating issues of national security, we often deploy the term, operating under the assumption that it refers only to human threats. Moreover, the term is used explicitly in the oath of enlistment for military personnel upon their induction to the armed forces ("I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic").

So, what's an enemy? An Islamist terrorist? A Russian spy? Or what about a mosquito carrying malaria? A bacterium that spreads lethal infections? By failing to stipulate that our national defense budget is to be directed only against "human" enemies, isn't it plausible that defense funds can (and should) be used to defend against non-human "enemies" such the AIDS virus, malaria, and various communicable diseases (if not all diseases)?

I say, if corporations can be persons, diseases should be enemies.

Anthony Fiorentino's picture
Anthony Fiorentino
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Jul. 31, 2007 3:01 pm

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If we can not get the CU decision reversed in the congress then we need our own "Champion". How about this. Have someone (I would recommend the Native Americans) sue to make mother earth a corporate person. Or at least our (the USA) portion of it. Then we, the stock holders could fight back. Then good ol Mother could kick the stuff out of Mr. Corp. in the courts. If we can't beat them then hell join in on the ridiculousness.

Mr. Corp has the 1st amendment right to free speech. Mrs. Earth has the 4th amendment right to not be searched unreasonably......like minning for radio-active ores, drilling for oil or strip minning for coal and the like. You think that would russle a few feathers?

Sure this is tounge in cheek but maybe the threat of this could back them off of their position and then we could then get the congress to change this assenine ruling.

So many funny political comic images come to mind.

Mick_n_Seattle
Joined:
Mar. 23, 2011 10:48 am
Quote Anthony Fiorentino:

The term "person" is often applied to corporate entities, referring to legal persons such as corporate bodies chartered by the state. Only by affixing the qualifier "natural" (argues the "originalist") does the phrase concern human beings alone. It is this very distinction that has endowed legal fictions with human rights.

The idea that corporations are "persons," came to America after attorney Delmas read the Blackstone's Commentary to the court.

Sir William Blackstone’s 1765 Commentaries on the Laws of England. Blackstone says, "Persons also are divided by the law into either natural persons, or artificial. Natural persons are such as the God of nature formed us: artificial are such as created and devised by human laws for the purposes of society and government; which are called corporations or bodies politic."

Here in America persons are NOT divided by the law into either natural persons, or artificial. Here in America persons are natural, and nothing else Thanks to attorney Delmas, all U.S. government codes are actually the laws of England. Delmas would be proud.

Justice Story:
“The common law of England is not to be taken in all respects to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their situation.” Van Ness vs. Pacard (1829) http://en.wikisource.org/wiki/Van_Ness_v._Pacard/Opinion_of_the_Court

OMO's picture
OMO
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May. 21, 2011 4:43 pm

I wonder if Thom addresses the Story decision in Unequal Protection. I haven't been able to read it yet.

nimblecivet's picture
nimblecivet
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Jul. 31, 2007 3:01 pm
Quote nimblecivet:

I wonder if Thom addresses the Story decision in Unequal Protection. I haven't been able to read it yet.

I have the book (e-book) and didn't see anything about the Story case. A person wouldn't necessarily go searching for that case unless he/she had previously read it, and knew what it was about. I found that case in the book America: Free, White, & Christian ( Wiesman Publications) That kind of book is not mainstream, so the chance of Thom ever learning about that case, is [probably] Nil.

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OMO
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May. 21, 2011 4:43 pm

Thom does mention Justice Story in his book (page 97) but he (Story) is only mentioned in regard to saying that corporations existed only because they were authorized by state legislation.

But even if Thom was familiar with that case, it probably would not have been enough information to trigger a relation between the Story case and the Blacktone commentary.

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OMO
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May. 21, 2011 4:43 pm

Charles Weisman: "While the English Bill of Rights listed all the grievances against King James II, it was not much more than a plea to the new sovereigns, William and Mary, that the people had rights and that the Crown should not violate those rights. The Declaration of Independence was totally different in scope. It completely severed the American colonies from any connection to Crown:

"We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor."

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OMO
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