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Thread: Introduction and a couple of questions

  1. #1
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    Hey all, I live in Idaho, and don't carry open a lot, usually concealled carry, but do sometimes. Anyway, having read through the threads some, and having looked through the Idaho Constitution, I had a question (I have asked this of the Govenor wrt workplace, and was told if I felt there was a problem, hire a lawyer).

    Anyway, Article XI of the constitution covers corporations (Public and Private), and inside of that article, Section 07 is

    SECTION 7. ACCEPTANCE OF CONSTITUTION BY CORPORATIONS. No corporation
    other than municipal corporations in existence at the time of the adoption of this Constitution, shall have the benefit of any future legislation, without first filing in the office of the secretary of state an acceptance of the provisions of this Constitution in binding form.

    SECTION 8. RIGHT OF EMINENT DOMAIN AND POLICE POWER RESERVED. The right
    of eminent domain shall never be abridged, nor so construed as to prevent the legislature from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the police powers of the state shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well being of the state.

    Section 12 is also a very interesting section on retroactive laws and imposing new liabilities on people (might apply to BSU rules?).

    Anyway, I would like to see a discussion on this part of the constitution, and see if others read it the way I do. I really don't see how a corporation can be in compliance legally with this section, and still ban firearms (as that is is right Article 1 Section 11).

    Thanks for reading my ramblings, would love to get your thoughts on this.

    --Carl
    edited for formating


  2. #2
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    Very interesting. Let me think about this one for a few days. I think that you might have a point though.

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    ooooOOOOOh. I think you might be onto something here! I too, will look into this. Keep us updated if you can get a friend who's a lawyer to review this.
    Welcome btw!

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    Thanks for the replies guys. I don't have any lawyer friends, or I would have brought it up. I had e-mailed the governor about this, but his response was to take it to a lawyer if I felt a civil right was being violated.

    Anyway, when I found this site, I figured it would at least be good for a discussion, and to see if I was way off base on reading the constitution. My reading, no public or private corp that was created after the constitution was adopted could in any way limit the rights of an individual. This would seem to apply to colleges, Parks and Rec, etc. as well as stores, employers, etc.

    --Carl

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    Having re-read it... it appears that since U of I's was incorporated before Idaho became a state, that they have an 'out' and don't necessarily have to follow certain things like following state firearms laws. Now I don't know when ISU and BSU were incorporated, but if it was after the adoption of the state Constitution, then they'd have to follow state law on the matter.

    Otherwise, you're correct that state parks etc have to comply with state law on guns in particular... this was just clarified in a piece of legislation that took effect about 2-3 months ago.

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    Do you have a link to the legislation? I did a search and didn't see it.

    Thanks,
    --Carl

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    Pertinent dates:

    Idaho State Constitution accepted: 1890

    Boise State University founded: 1932
    University of Idaho founded: 1889
    Idaho State University founded: 1901

    It looks like U of I could weasel out, but not the others.

  8. #8
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    Then the question becomes, is the University of Idaho a municipal corporation? It still may not fit.

    Also, if it wasn't banned before, section 12 could block it, being a new liability.

    --Carl

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