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There is no constitutional right to incorporate. Theoretically states could stop it at any time. Although they would still have to honor corporations formed in
by zeroonetwothree 1y ago
There is no constitutional right to incorporate. Theoretically states could stop it at any time. Although they would still have to honor corporations formed in other states so it’s of limited effect.
- JumpCrisscross 1y ago> There is no constitutional right to incorporate The Constitution directly grants very few individual rights. It’s mostly a document about what the government can’t do. > Theoretically states could stop it at any time Sure. That’s not “at the pleasure of.” Driver’s licenses are not issued “at the pleasure of” a state. Neither are marriage certificates. They’re issued as a matter of process that binds both the issuer and recipient to a predictable set of rules.
- terminalshort 1y agoBut there is a constitutional right to equal protection under the law. So while a state can say "everybody can incorporate" or "nobody can incorporate" without scrutiny, there are some pretty hash restrictions on rules that say some people can incorporate and others can't, especially if those restrictions look like they are written to be retaliatory against someone who pissed off the government.