Change the relationship between Congress and Amtrak from a subsidy to a contractual relationship.

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  • Member since
    June 2009
  • From: Dallas, TX
  • 4,751 posts
Posted by CMStPnP on Wednesday, August 5, 2020 7:02 PM

Yeah, but if you can overturn Lochner or Plessey v. Ferguson, both with a crapload more tradition and money and dependent legislation around them than Citizen's United, let's not rule it out as impossible.

Ok, so I only had two semesters of Business Law and the professor actually wanted me to change my whole career and become a Business Lawyer (interesting area but also boring for me).    Anyways, I have no clue on that civil case, I just know that the Supreme Court looks at a Corporation as a group of individuals (Stockholders) that happen to own a business.    Thats it.    They do not look at access to money, politics, or any other issue.     That is how long ago in the 1800's?   It was decided a Corporation had the right to speech as an individual (it was not decided with one case but over a series of cases, 3 or 4 I seem to remember where finally the SCOTUS formed a legal conclusion).   

Granted the size of Corporations has changed but the Supreme Court still very much looks at the issue excluding that as a factor.   Usually once the Supreme Court produces an affirmation of a previous case with a long dissertation attached.    They will not reverse that affirmation and you need to go through Congress to get whatever issue changed.   SCOTUS affirmed Roe v Wade a long time ago, not sure what the case was but about 10-15 years ago, Justice Stevens said he and the SCOTUS as a whole would never overturn Roe v Wade or even consider doing so.    So if folks want that changed again it is the Congress they need to go through.

In regards to this issue and the Railroad Industry which is why I thought it would be interesting to comment.    You notice that since the affirmation that more and more railroads are taking positions on social issues via their CEO's.   Rather an interesting change but also I think it encourages more discussion vs dominating the discussion so much that only the railroads point of view is heard.   Now it is true railroads can also spend Billions of Dollars on a social issue and they do have access to that kind of money BUT I think the check and balance there again is the stockholders........who will ask.....WTH are you spending all that money on?

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