Learning Resources, Inc. v. Trump · ¶90

English law treated these corporations as having authority to issue bylaws. But that authority was subject to restrictions, one of which was that corporations could not regulate on major subjects without express authorization. Take Kirk v. Nowill, 1 T. R. 118, 99 Eng. Rep. 1006 (K. B. 1786). That case involved the Company of Cutlers, a corporation for makers of knives and other cutlery. See id., at 118–119, 99 Eng. Rep., at 1006. An Act of Parliament gave the company broad authority to regulate its members. Id., at 118–121, 99 Eng. Rep., at 1006–1007. The company used that authority to adopt a bylaw allowing its officials to enter its members' “workshops and warehouses” and search for “deceitful and unworkmanly” cutlery. Id., at 121–122, 99 Eng. Rep., at 1007. After the company seized supposedly unworkmanly forks, the aggrieved owner challenged the company's actions in court, arguing…

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