Zone1 Hawaii Just Found A Way To Keep Corporations Out Of Politics

[skews13]

The Hawaiian law is based on the fact that in the United States, corporations are created and given their powers by the charters of the individual states. Indeed, corporations simply are a legal creation of the state, everywhere they exist, by definition. The new law simply states that corporations doing business in Hawaii do not have the power to engage in local, state, or federal political campaigns, that that was not one of the powers enumerated in the state’s corporate charter. It further specifies a range of penalties—including losing the right to conduct any business in the state at all—if they do.

Hawaii Just Found a Way to Keep Corporations Out of Politics - The American Prospect

A new law makes clear that corporations derive their powers from states, and they don’t necessarily include the right to spend on elections.

prospect.org

"A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its existence."

Chief Justice John Marshall

 

[Gabe Lackmann]

This is interesting. Especially the CJ Marshall quote.
Charters determine the extent of the 'being'.

Very interesting.

 

[RetiredGySgt]

The Hawaiian law is based on the fact that in the United States, corporations are created and given their powers by the charters of the individual states. Indeed, corporations simply are a legal creation of the state, everywhere they exist, by definition. The new law simply states that corporations doing business in Hawaii do not have the power to engage in local, state, or federal political campaigns, that that was not one of the powers enumerated in the state’s corporate charter. It further specifies a range of penalties—including losing the right to conduct any business in the state at all—if they do.

Hawaii Just Found a Way to Keep Corporations Out of Politics - The American Prospect

A new law makes clear that corporations derive their powers from states, and they don’t necessarily include the right to spend on elections.

prospect.org

then Hawaii loses all corporations business. telling a corporation, it can't do legal things it is allowed to do will result in no business being done in that state.

 

[Eman623]

Sounds unconstitutional on free speech grounds.

Corporations are comprised of people and people do not give up their free speech rights when they come together in association.

 

[RetiredGySgt]

Sounds unconstitutional on free speech grounds.

Corporations are comprised of people and people do not give up their free speech rights when they come together in association.

I chose not to mention that in my reply, the idea that a single state can arbitrarily deny such to a Corporation not headquartered in their state is a big legal question, but if they can then all corporations will stop doing business in that state, they will not stop the activities that Hawaii is pushing for.