Quote Originally Posted by allodial View Post
#1 Created for a public purpose within the venue of creation or activity
#2 Created according to the will, plan, intent and directives of the public creating the corporation.
#3 Open to public control and public scrutiny.

Now "public" can be a word relative to the venue.

If the delegates at the Constitutional Convention didn't follow the instructions of those delegating them and if they did their own thing, then they weren't delegates with respect to what they did and weren't acting under the authority of any of the united states. If a cop goes and robs a liquor store--he isn't a cop, he's a man robbing a liquor store in disguise. If you and I send attorneys off to negotiate for us according to a specific criteria and they put something together according to their own personal tastes then they were acting for themselves without respect to us. If the us is the public of the united states back then, then the delegates would be much like private incorporators, no?



From a strict technical and legal sense, the 1788 Constitution could not have replaced the Articles of Confederation, IMHO it created something entirely new.
Oh, I agree a new thing was created. It just seems to me that the old thing was a private corporation as well. But then, I also think that all corporations are private, since people have to either elect to be in one, or are forced to be in one. The distinction between public and private is a meaningless one to me. Corporations are ideas concieved by people, created by people, operated by people, and ultimately dissolved by people.