World Citizenship

[allodial]

How would you discern the difference between a public corporation versus a private one?

#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?

The convention decided to disregard the amendment procedures prescribed in the Articles of Confederation and instead provided that each state should hold a special election for delegates to a ratifying convention. Alexander Hamilton (Biography)

From a strict technical and legal sense, the 1788 Constitution could not have replaced the Articles of Confederation, IMHO it created something entirely new.