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Since states charter corporations, could states act to limit the damage of this ruling?

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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:48 PM
Original message
Since states charter corporations, could states act to limit the damage of this ruling?
Can states revoke charters and reissue more limited ones?

I realize how difficult, if not impossible, it would be to get 50 states to cooperate in doing something, but I'm just speculating here, trying to come up with ideas.
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Tansy_Gold Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:50 PM
Response to Original message
1. There would probably always be one state that would give them
Edited on Thu Jan-21-10 09:51 PM by Tansy_Gold
shelter -- Delaware has historically been very corporate-friendly -- in exchange for certain benefits. And it would be very difficult for states to prohibit corporations chartered in other states from doing business across state lines.

But it would be interesting to see which, if any, state would be the first to limit the corporations, and then to see how it would progress in the courts.


Tansy Gold, who is not an constitutional law expert (and apparently is not a very good typist today either since she had to edit this. . .. )
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The_Commonist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:56 PM
Response to Reply #1
2. I was just thinking about Delaware.
What you said...
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glitch Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:57 PM
Response to Original message
3. Good luck getting Texas or Florida in on it.
But you are correct, states could do it. Technically feasible, just not practically. (we see how well cities and counties have faired against Walmart, for example)
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w8liftinglady Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 10:02 PM
Response to Reply #3
6. exactly-read my pal John Cornyn's words
Edited on Thu Jan-21-10 10:02 PM by w8liftinglady
I can see him licking his chops while he says this..
http://tpmlivewire.talkingpointsmemo.com/2010/01/cornyn-campaign-finance-decision-is-an-encouraging-step.php

Sen. John Cornyn (R-TX), Chairman of the National Republican Senatorial Committee (NRSC), issued the following statement in response to the United States Supreme Court's decision in Citizens United v. Federal Election Commission:

"I am pleased that the Supreme Court has acted to protect the Constitution's First Amendment rights of free speech and association. These are the bedrock principles that underpin our system of governance and strengthen our democracy.

"This is an encouraging step, and it is my hope that political parties will one day soon be able to speak as freely as other citizen organizations are now permitted."
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rwheeler31 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 09:58 PM
Response to Original message
4. They are mostly in Delaware,very easy regs.
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slampoet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 10:00 PM
Response to Original message
5. Yup Delaware is for corporations like Panama is for ships.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 10:08 PM
Response to Original message
7. Some interesting links.
Legal Strategies to Revoke the Corporate Charter

A CITIZEN'S GUIDE TO CORPORATE CHARTER REVOCATION UNDER STATE LAW

From the second link:
Keep in mind that corporations are only "chartered" in one state (often Delaware). To do business in other states, the corporation must obtain a Certificate of Authority to Do Business (or other similar name) in the other state, at which time that corporation becomes known as a "foreign corporation" in the second state. A prerequisite to the issuance of this Certificate is the condition that the corporation holds a charter in a home state.
So it may be possible for states to keep corporations from other states from doing business within their borders. If so, and if a few wealthy states could be convinced to cooperate, they might be able to put some real pressure on rogue corporations.

All in theory, of course. I'm obviously not a lawyer, and I obviously can't speak to the reliability of those sources.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-21-10 10:40 PM
Response to Original message
8. Kick for ideas.
:kick:
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 08:21 AM
Response to Original message
9. Kick for the morning crowd. n/t
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