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When a corporation acts beyond the powers its state has granted, the act is ultra vires: outside the entity’s authority and void as a matter of law. The doctrine is older than the country.
So basically loopholes aren’t a free pass if the effective outcome is ultra vires than the action will be void by law.
The ones that do work would effectively be zero day exploits that the state legislature could patch. I would also expect state legislatures to uncover some of these loopholes during the process and preemptively amend their bills to prevent them.
Loopholes are a free pass when the judicial branch won’t enforce the laws that stop it. All of that is great when everyone is acting in good faith, except the government doesn’t act in good faith anymore.
Couple things.
So basically loopholes aren’t a free pass if the effective outcome is ultra vires than the action will be void by law.
The ones that do work would effectively be zero day exploits that the state legislature could patch. I would also expect state legislatures to uncover some of these loopholes during the process and preemptively amend their bills to prevent them.
Loopholes are a free pass when the judicial branch won’t enforce the laws that stop it. All of that is great when everyone is acting in good faith, except the government doesn’t act in good faith anymore.
Evil wins when good men do nothing.
SCOTUS/Judicial branch would not be the ones the ones enforcing the laws the states would.