I agree with all of that except for the notion that a Trump Supreme Court nominee would some how be less of a disaster for strict construction than a Clinton nominee would.
free speech and free association are rights, but incorporation into a business entity (i.e., anything other than a sole proprietorship or full-liability partnership) is not.
Keep in mind, however, that with Trump being a nominal Republican, and with the Republicans holding the Senate, he'll be expected to nominate more [strict-]constructionist justices.
Can you clarify where in the Constitution the federal government is granted power to regulate corporations? We're risking wading into the "corporations are/aren't people" argument...
LOL!
First of all, the only Republicans who will expect him to nominate strict-constructionist judges would be, I don't know, maybe Rand Paul or someone. The rest will expect him to nominate
socially-conservative judges in the mold of Scalia, strict construction and consistent ideology be damned.
Second, if the government has no power to regulate corporations then it also has no power to
create them in the first place. I'm perfectly happy to take the position that the government does not have that power, but the consequence is that all corporations cease to exist and instead immediately devolve to full-liability partnerships!
Remember, nothing in the Constitution requires LLCs, S-Corps, C-Corps, etc. to exist. They are concepts created by the government, and since the only valid reason for the government to create something is for the public good, that must be their purpose. Organizing your group into one of them is not a natural right (or Constitutional right). It is a
privilege, granted only in return for acting in the public interest.
Can you clarify where in the Constitution the federal government is granted power to regulate corporations? We're risking wading into the "corporations are/aren't people" argument...
Article 1, Section 8, Clause 3.
Ah, the much-abused and misinterpreted Commerce Clause. The one clause in the constitution that has been used to justify 70% of what our government does.
The commerce clause is SUPER abused. I hate it so much.
But... isn't regulating commerce (yes, between states) basically one of the main parts of it? And businesses conduct commerce? Hard to argue that it's being used way out of line in that instance...
The commerce clause isn't even relevant! This is a discussion of incorporation, and
not all corporations conduct commerce (let alone interstate commerce). Remember: municipalities, non-profits and clubs can be corporations too!
(But yes, I agree that the commerce clause is super-abused.)