Constitutional Scholar and Patriot Geauga County’s Tom Niewulis educates us on the higher learning lobby.
Universities are Body Politic and Corporations
BY TOMSAPRIME | NOVEMBER 13, 2021 · 12:08 PM
Did you know that in Ohio, universities are ‘a body politic and corporate?’ Oh yes, they are.
This is a quick introduction to how the Higher Education Lobby is NOT for education and NOT for the Ohio Constitutional intent for a better Citizenry. The Ohio university and college system is for their Corporatists’ interest only. The Ohio Constitution does not grant them to be ‘a body politic and corporate’ but in 2009 the Ohio Legislature created entities that now can even force your children to take the ChiComFlu VAX.
You might ask, what funny stuff am I smoking? The real question should be to the Legislature and why they were bought off by the corporations and federal entities funding higher education who are mixed in with the lobbyists of the universities and college system?
Ohio Constitution on Education
To keep this short and tantalizing, I will begin with the Ohio Constitution regarding education. Nowhere in Article VI: Education or Article VII: Public Institutions is there any authority given to create universities as ‘a body politic and corporate.’ Now Article VIII: Public Debt and Public Works, §2e: Provides the means for securing funds for highway and public building construction, does address universities in the context of only funding them. Additionally, Article VII §2f: Authorizing bond issue to provide school classrooms, support for universities, for recreation and conservation and for state buildings. This section is again related to funding and NOT creating ‘a body politic and corporate’ entity.
The facts are that there is no language in the Ohio Constitution that gives authority to create state-funded universities or colleges into ‘a body politic or corporate’ entity.
Hang on, we will get to why this is important. A hint – your students are told to get the ChiComFlu VAX by the universities and colleges because they are corporations with Federal Government Contracts. More about this later, maybe much later.
A Body Politic and Corporate
Wondering what ‘a body Politic’ is? Here is the definition from ‘The Law Dictionary, Featuring Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed.’
A term applied to a corporation, which is usually designated as a “body corporate and politic.” The term is particularly appropriate to a public corporation invested with powers and duties of government. It is often used, in a rather loose way, to designate the state or nation or sovereign power, or the government of a county or municipality, without distinctly connoting any express and individual corporate character. Munn v. Illinois, 94 U. S. 124, 24 L. Ed. 77; Coyle v. Mclntire, 7 Houst. (Del.) 44, 30 Atl. 728, 40 Am. St. Itep. 109; Warner v. Beers, 23 Wend. (N. Y.) 122; People v. Morris, 13 Wend. (N. Y.) 334.
Webster’s 1828 Dictionary defines ‘corporate’ as:
United in a body, or community, as a number of individuals, who are empowered to transact business as an individual; formed into a body; as a corporate assembly, or society; a corporate town.
So here it is folks, Section 3345.011 | State university definitions – of the Ohio Revised code states:
“State university” means a public institution of higher education which is a body politic and corporate. Each of the following institutions of higher education shall be recognized as a state university: university of Akron, Bowling Green state university, Central state university, university of Cincinnati, Cleveland state university, Kent state university, Miami university, Ohio university, Ohio state university, Shawnee state university, university of Toledo, Wright state university, and Youngstown state university.
“State institution of higher education” means any state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch established under Chapter 3355. of the Revised Code, or technical college.”
“University system of Ohio” means the collective group of all of the state institutions of higher education.”
This language was established by the House Bill 1 – 128th General Assembly and became Effective: October 16, 2009.
The Ohio Legislature has created an entity, a corporation, that can internally legislate and govern no different than any other Ohio corporation or city or other entity established by Legislation.
Why Is This Important?
For the brevity of this article the simple fact to be further discussed in further installments is that the Ohio Higher Education System are corporations. They may be non-profit corporations but they derive income, generate revenue, as any other corporation does by selling services. And, students, especially in Masters and PhD programs are employees of the system.
Also, it is critical to understand that what took me on this journey was House Bill 435 which would have given corporate entities, universities, and medical / hospitals the right to force the ChiComFlu VAX.
Interestingly, those corporate entities were the heavy lobbyists for House Bill 435. More interesting is that I found that the Bill was un-constitutional in Ohio based on two fundamental Articles:
- Article I §21 Preservation of the freedom to choose health care and health care coverage.
- Article XIII: Corporations §1 Special acts conferring corporate powers; prohibited.
Conclusion – for now
The facts are that the University System in Ohio is codified as ‘a body politic and corporate’ such that it gives the ‘system’ power to contract as a corporation, govern as a city and raise revenues independent of what it receives in Citizen taxation.
In the next article, I will discuss how the medical business of Ohio State University alone brings in a significant portion of its operating cost. Then there is the research component of the University system that becomes a ‘Contractor’ to the Federal Government as well as it shares in the money made from selling ‘intellectual property’ of programs where the professor gets the credit and the students do the work. Hmmm Making Vassals for the future. Check out my program: Episode 325: Corporatocracy: Universities Making Vassals
I suggest that those who read to this point take the time to review your state university / college system to compare your State Constitution to the type of law, codified, higher education entities are there. You may find that your higher education entities are ‘a body politic and corporate’ as well.
Tom Niewulis
a.k.a…Sam Adams Returns
*****
Advertisement
*****
Categories: Contributors, Free Speech Zone, Uncategorized