Re: The unfortunate part...
> IANAL, but my understanding is that the
> Constitution was a contract between the
> people and the government....businesses
> weren't a part of the contract. When
> was the last time you heard any business
> being struck down because they were
> doing something unconstitutional? I
The Constitution, as I understand it, especially in federations such as Australia, the USA and Canada, provide the basis of the legislative power of their lawmaking bodies. While it may be useful to think of it as a contract between the state and the peoples (like a Hobbesian social contract), you can't exclude its terms based on the operations of contract law.
If you could, then contracts could have terms that modified the application of the constitution, and the laws that result from it, resulting in a preposterous situation, since you could then make a contract with any object you wished, including a object expressly criminally illegal.
Although business are not "struck down" because they do unconstitutional things, if you can establish that a contract has illegal aims, then you establish that no contract existed in the first place, and ergo, no contractual obligations on your part.