Do We Live in Democracies or Corporations – What is Your Vote?
The postings below are very interesting. Do we really have a democracy? Are you open to a diversity of ideas, different opinions or do you see threats in something you don’t agree with? Do we shutdown those we don’t agree with or do we engage in debate or discussion like the Greek Agora forums? What does real democracy actually look like, what is the real philosophy beneath it, and do we live it? I wonder how it would change our world if like Voltaire’s famous quote (actually Evelyn Hall’s quote) we lived:
“I disapprove of what you say, but I will defend to the death your right to say it”
Your challenge is: Can you truly defend the right to freedom of speech or is it lip service?
Here in Australia an Australian citizen challenged the government over import duties on a luxury car to discover he was dealing with a Corporation. This raised issues for him of what is a representative government? what is democracy? Who has control if a corporation is parading as the government?
In my recent experience with government and its use of compliance language rather than democratic practice, has made me focus intensely on what is democracy? Do I have a right as a citizen or consumer? What are those rights? Am I heard? Does that require a response or am I ignored? Do i want a corporate framework operating over social welfare or social services given the public good (public ownership) nature of these services. They are typically cross subsidisation to ensure equality over populations and distance (geography). We call it giving a fair go to everyone. There is a strong streak of egalitarianism in Australian social history.
So, if the government becomes a incorporated business then they tend to regard welfare as mutual obligation not social responsibility or obligation under the Australian Constitution. Increasingly they may consciously or unconsciously (changing norms) regard social services as a waste of public money as they are not generating profits. They may view the unemployed, not as a result of the inability of market forces to ensure full employment, they may accord to these people a status that is ‘taking’ from society not ‘giving’ or paying their way standing on their own two feet, hence a drain on the public purse. I’d just like to say whilst I am on this topic that unemployment benefits are the same as pump priming in the sense that the money paid to welfare recipients gets injected into the economy through their expenditure (gives a boost to economic growth). It gives people freedom to choose what they buy rather than choosing for them with food stamps (I don’t agree with the latter treats people as children). So economically speaking, they buy food, pay rent and essentials given the low amount of income. So it is actually really important from the perspective of keeping money in the country and generating wealth through the multiple propensity to consume. They spend locally. Very important. Those with higher incomes tend to purchase more from overseas. In addition, we have a Goods and Services Tax (GST) here so everyone pays tax, everyone is contributing, voting with money, so there are no bludgers just those who do not fit Human Resource or training criteria of business. I realised the negativity towards the unemployed had its roots in jealousy. It comes from media and social conditioning designed to make people feel guilt for not working as the system needs workers. Moreover, those working felt jealous as deep down they wanted freedom and didn’t want others to be not working. So there are psychological issues in this. We aren’t facing our unhappiness, most saying I have no choice, yet they live in a democracy. They can change that. Together we can problem solve and envisage what we truly want.
Returning the topic of democracy. I am observing that mainstream society is losing its sense of what this means. Young people have no idea. As it is not generally role modelled. We notice on computers people accepting terms and conditions with a tick about conditions they don’t know, they get used to waiving their rights, as they want to keep on. Recordings of our voices are now stated that this is happening, before they asked for you to say if you didn’t want it. Slight of hand removing the thought of a right to say no. We see people just saying yes to things that obligate them legally without full knowledge. In addition, subtly people do not believe they have a say as the government or corporation is the authority. There are studies like the Milgram Experiment that shows how some people blindly comply with authority and can be influenced to violent actions without consulting conscience or self determination. They disregard their common sense putting their trust in the authority. People who stand up have been seen as trouble makers or whistle blowers, yet in a democracy every citizen has the right to freedom of expression (providing not inciting violence) and free to contribute to their society. Politicians get influenced by political action groups (PACs), lobbyists, media, party heavy weights, faceless faces influencing affairs behind the scenes that the public is not privy to. There is a pragmatic mindset behind this – accepting business as usual, or this is the way we get things done, group think, fear of standing out etc. As this continues there is a loss of real respect for the public they represent as the public don’t say anything. They mostly don’t know or feel apathy and allow it. You can see that play out through government standard letters that don’t address specifics of your letter. There is the feeling of non-engagement, connection with representatives until election time, even then you don’t know who they are, most don’t care. Even at the ballot box there is all these names and faces few know but are forced (in Australia) to vote for. The ballot paper is not constructed as a survey where all the issues are rated on what the citizen prefers and levels of agreement or satisfaction. As a market analyst myself I’d like to see voting in this way so that we statistically calculate what do people want from their government and what they are truly voting for. We need to know there preferences not in personalities but in subject matters that affect their lives. Here in Australia it would be Medicare, education, health care, aged care, welfare, less working hours, higher wages, standard of living, employment and measures to create harmony and social order etc. That is what I’d prefer if I had a real vote.
So turning to the issue, the corporatisation of government. This is a very important subject and may well be mirroring the complacency and ignorance around real democracy – real choice and real representation that reflects the population not special interests or party preferred actions. Let’s start with this video – What the FUQ? It highlights the issue of an Australian and his realisation of the corporatisation of our government, it has been brilliantly put together, highlights the power of a citizen asking questions, perhaps we all should ask more questions, what do you think? Then we will look at the Americans.
I am just looking over Google for articles. Now what is interesting is some say legally it is not a corporation. Others talk about the influence of billionaires in terms of choosing candidates etc. So I sat there and thought you have to ask the right question. Are the citizens of a country (named…) representated by their elected representatives? That is, are the views, opinions, wishes, preferences of the majority of citizens informing national policy, laws and culture, hence influencing and being actioned by decision makers? Another important question is do I live in reality in a democracy? Well if I spend most of my time at work I don’t. If I am in a family do they vote? No. What about sports clubs? no! So I look at the reality on the ground and it appears to me that we don’t. Corporations are dictatorships they have a long history, just go back to mercantilism, the trading companies. The idea of ‘he who owns the gold rules the world’ tends to tell me the state of play. Al Gore comes to mind “the planet or the gold bar?” We do have choices and that can not be taken from anyone, we may self censor. We have complied by not owning our democracy, perhaps that is closer to the truth. I could easily go further and look into what shapes public opinion e.g. media, experts, education, families, friends, social pressure, customs, tradition, history etc. Does that truly make citizens independent in their opinions.
However, as a market analyst I can see that people in focus groups get to reflect which they normally don’t. They sit with a group of their peers and it is interesting to see them contemplating what things mean. I see community forums as another way of empowering people to share ideas, compare, contrast and then ask better questions. So organisating a real democracy will take time and money and citizens views valued. I know from my own experience they have excellent ideas and there is a collective wisdom. I trust our society to creating a better future, they will think of their kids and they naturally want better. That is why they work hard for their future, much sacrifice out of love. I really respect citizens and I know they have lots of challenges, I’ve seen incredible courage in ordinary people trying to survive and keep it together. I just want a moment here to honour them.
A form of democracy process I personally prefer is deliberative democracy whereby both sides are presented, not by insiders, but by respected experts/experienced persons (in the subject area) as a means of educating the public so they can make better decisions. If we are talking specific news networks I’d say opinion pieces given airplay to support the political interests of media moguls does not provide informed decision making, it is biased and it does play the public as mindless. In truth they are not educated to be discerning, they are not stupid. I know that as I was uneducated before university and I had no idea, now I know. Some media is designed to influence opinions, hence being political not educational. There is a real difference. One is self interested the other in the best interests of people.
Okay so let me paste an article here and you decide. I’d ask you to go into your own truth not the truth of others. Ask to be shown my inner wisdom for the highest good of myself and others. I usually frame it that way if I need guidance. Then ask a few questions is this what I truly want? Listen to feeling inwardly. Is this beneficial for my children? Will this be beneficial for my own future? Inner truth usually will illuminate for you what is in your own highest interests. Others seldom know. They operate from their own worldview.
Here is an interesting perspective, tongue in cheek.
http://www.huffingtonpost.com/barry-levinson/the-united-states-of-america-inc_b_5110348.html
The United States of America, Incorporated
04/08/2014 09:17 am ET | Updated Jun 08, 2014
280
Barry Levinson
Academy Award-winning director, screenwriter and producer
Now that the Supreme Court has decided that elections can be played with by the high rollers, it’s time to admit that anything that we value can be bought for the right price. It’s time for a change of name as well: The United States of America, Incorporated. It has a nice, greedy ring to it. Very direct, and the intentions of the country are clear. No more false dreams.
I have a proposal that supports this commercialism of America and will raise enormous sums of money. Lease the rights to government buildings, much like we do with sport stadiums throughout the country. Met Life Stadium, Fed Ex Field, AT&T Stadium, Sports Authority Field, Bank of America Stadium. I am not sure where these stadiums are anymore, but they are football stadiums. You can look it up if you have nothing better to do.
The Sports Authority Senate Building has a nice ring to it. If Gillette Stadium works for the New England Patriots, why not the Gillette FBI Building? Not to leave out some of our billionaires who contribute enormous dollars to the candidates they choose, how about a few high-profile monuments? The Koch Brothers Washington Monument? That should receive a high rental!! The Sheldon Adelson Lincoln Memorial? Or The Lucas Oil Lincoln Memorial? Lucas Oil could be looking for higher visibility since they have a stadium that most people can’t remember. Lease it to the highest bidder. There is a lot of money out there for the thoughtful entrepreneur who wants to increase the government coiffeurs.
The bottom line is paramount to this new America and it’s time to put our money-making hats on. Forget that it lacks dignity or decorum. Money talks. The big lease that should pull in the big bucks is the naming rights to the White House. Hefty dollars for that choice piece of real estate. Think of it: Every time a newsman stands in front of the White House, the leasing rights buyer gets to hear the company name: “This is Brian Williams at the Walmart White House…” “This is Wolf Blitzer at the Miracle Gro® Rose Garden.” Every corporation or billionaire will see dollar signs dancing in front of their bottom-line eyes!
This is a bonanza for our treasury. The Supreme Court has freed up our sense of propriety. Our democracy is for sale.
The Supreme Court may already be sold, but the naming rights are available.
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Here is a legal perspective, then a controversial perspective below. Take on board all views, but you be the final authority not those of us saying our part. We all have equal wisdom
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http://www.supremelaw.org/letters/us-v-usa.htm
Dear Friends,
For an entity to become a corporation under federal law,
there must be an Act of Congress creating that corporation.
There are no Acts of Congress expressly incorporating
either the “United States” or the “United States of America”.
In 1871 Congress did expressly incorporate the District
of Columbia, but D.C. and the “United States” are not
one and the same. In that Act of 1871, Congress also
expressly extended the U.S. Constitution into D.C.:
http://www.supremelaw.org/cc/gilberts/intentm3.filed.htm#1871
In United States v. Cooper Corporation, 312 U.S. 600 (1941),
the Supreme Court wrote:
http://laws.findlaw.com/us/312/600.html
“We may say in passing that the argument that the
United States may be treated as a corporation
organized under its own laws, that is, under the
Constitution as the fundamental law, seems so strained
as not to merit serious consideration .”
Some of the confusion rampant on this subject may have
originated in the definition of “UNITED STATES OF
AMERICA” in Bouvier’s Law Dictionary here:
http://www.supremelaw.org/ref/dict/bldu1.htm#union
See Paragraph 5 quoted here:
“5. The United States of America are a corporation
endowed with the capacity to sue and be sued, to convey
and receive property. 1 Marsh. Dec. 177, 181.
But it is proper to observe that no suit can be brought
against the United States without authority of law.”
Note that the plural verb “are” was used, providing further
evidence that the “United States of America” are plural,
as implied by the plural term “States”. Also, the author
of that definition switches to “United States” in the second
sentence. This only adds to the confusion, because the
term “United States” has three (3) different legal meanings:
http://www.supremelaw.org/decs/hooven/hooven.htm#united.states
However, the decision cited above is Justice Marshall issuing dictum,
and it is NOT an Act of Congress. Here, again,
be very wary of courts attempting to “legislate” in the absence
of a proper Act of Congress. See 1 U.S.C. 101 for the
statute defining the required enacting clause:
http://www.law.cornell.edu/uscode/1/101.html
And, pay attention to what was said in that definition here:
“no suit can be brought against the United States
without authority of law”. That statement is not only
correct; it also provides another important clue:
Congress has conferred legal standing on the “United States”
to sue and be sued at 28 U.S.C. 1345 and 1346, respectively:
http://www.law.cornell.edu/uscode/28/1345.html
http://www.law.cornell.edu/uscode/28/1346.html
Congress has NOT conferred comparable legal standing
upon the “United States of America” to sue, or be sued,
as such.
Furthermore, under the Articles of Confederation, the term
“United States of America” is the “stile” or phrase that was used
to describe the Union formed legally by those Articles:
Articles of Confederation and perpetual Union between the States
of New Hampshire, Massachusetts bay, Rhode Island and Providence
Plantations, Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South Carolina and
Georgia.
Article I. The Stile of this Confederacy shall be
“The United States of America.”
Article II. Each state retains its sovereignty, freedom,
and independence, and every power, jurisdiction, and right,
which is not by this Confederation expressly delegated
to the United States, in Congress assembled.”
[end excerpt]
When they came together the first time to form
a Union of several (plural) States, they decided
to call themselves the “United States of America”.
Note also that those Articles clearly distinguished
“United States of America” from “United States”
in Congress assembled. The States formally
delegated certain powers to the federal government,
which is clearly identified in those Articles as the
“United States”.
Therefore, the “United States of America” now refer to
the 50 States of the Union, and the term “United States”
refers to the federal government.
The term “United States” is the term that is used consistently now
throughout Title 28 to refer to the federal government domiciled
in D.C. There is only ONE PLACE in all of Title 28 where the
term “United States of America” is used, and there it is used
in correct contradistinction to “United States”:
http://www.law.cornell.edu/uscode/28/1746.html
Because Title 28 contains statutes which govern all federal courts,
the consistent use of “United States” to refer to the federal
government carries enormous weight. Title 28 is the latest word
on this subject, as revised, codified and enacted into positive law
on June 25, 1948. Moreover, the Supremacy Clause elevates
Title 28 to the status of supreme Law of the Land.
To make matters worse and to propagate more confusion,
the entity “UNITED STATES OF AMERICA”
incorporated twice in the State of Delaware:
http://www.supremelaw.org/cc/usa.inc
http://www.supremelaw.org/cc/usa.corp
The main problem that arises from these questions is that
United States Attorneys are now filing lawsuits and
prosecuting criminal INDICTMENTS in the name of the
“UNITED STATES OF AMERICA” [sic]
but without any powers of attorney to do so. Compare
28 U.S.C. 547 (which confers powers of attorney to represent
the “United States” and its agencies in federal courts):
http://www.law.cornell.edu/uscode/28/547.html
They are NOT “United States of America Attorneys”, OK?
First of all, they do NOT have any powers of attorney
to represent Delaware corporations in federal courts;
Congress never appropriated funds for them to do so
and Congress never conferred any powers of attorney
on them to do so either.
Secondly, the 50 States are already adequately represented
by their respective State Attorneys General; therefore,
U.S. Attorneys have no powers of attorney to represent
any of the 50 States of the Union, or any of their agencies,
either.
They are “U.S. Attorneys” NOT “U.S.A. Attorneys”, OK?
Accordingly, it is willful misrepresentation for any U.S. Attorney
to attempt to appear in any State or federal court on behalf
of the “UNITED STATES OF AMERICA” [sic]. And,
such misrepresentation is actionable under the McDade Act
at 28 U.S.C. 530B:
http://www.law.cornell.edu/uscode/28/530B.html
There are quite a few “activists” running around the Internet
claiming that the “United States” and the “United States of
America” are both corporations. These claims are not correct,
for the reasons already stated above.
A similar error occurs when these so-called “activists” cite
the federal statute at 28 U.S.C. 3002 as their only “proof”
that the “United States” was incorporated by Congress.
Here’s the pertinent text of that statute:
http://www.law.cornell.edu/uscode/28/3002.html
As used in this chapter:
…
(15) “United States” means —
(A) a Federal corporation;
(B) an agency, department, commission, board, or
other entity of the United States; or
(C) an instrumentality of the United States.
[end excerpt]
First of all, note well that the stated scope of this definition
is limited to “this chapter” i.e. CHAPTER 176 of Title 28 –
Federal Debt Collection Procedures. Overlooking the
limited scope of such definitions is a very common error
among many, if not all self-styled experts. At best, this section
cannot be used as evidence that the federal government
should be treated as a valid corporation for all other intents
and purposes. It takes a LOT more text than this one limited
definition to create any federal corporation! Compare the
original Statutes at Large that created the Union Pacific
Railroad Company, for example.
Secondly, from the evidence above it should already
be clear that the “United States” (federal government)
is not now, and never has been, a federal corporation.
The statute at 28 U.S.C. 3002 merely defines the
term “United States” to embrace all existing federal
corporations. Because the United States was not
an existing corporation when Congress enacted
section 3002, that statute did not create and could
not have created the United States as a federal
corporation in the first instance.
Thirdly, in Eisner v. Macomber the U.S. Supreme Court
told Congress that it was barred from re-defining
any terms that are used in the federal Constitution.
“United States” occurs in several places, because it is central
to the entire purpose of that Constitution. Therefore,
the legislative attempt to re-define “United States” at
section 3002 is necessarily unconstitutional, because
it violates the Eisner Prohibition.
Fourthly, section 3002 also exhibits 2 subtle tautologies,
which render it null and void for vagueness. Here they are,
in case you missed them:
“United States” means … an agency, department, commission,
board, or other entity of the United States;
or
“United States” means … an instrumentality of the United States.
It is a fundamental violation of proper English grammar to use
the term being defined in any definition of that term, and such a
violation has clearly happened here. If you don’t yet recognize
the tautologies, then change one part of this definition to read:
The term “United States” here also embraces any instrumentality
of the federal government.
At the very least, this minor change eliminates the tautology and
removes the vagueness. Nevertheless, such an attempt to re-define
the term “United States” still violates the Eisner Prohibition.
For a newspaper-level Press Release which further explores some
of the many legal ramifications of these widespread errors, please
see this Internet URL:
http://www.supremelaw.org/press/rels/cracking.title.28.htm
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, Criminal Investigator and
Federal Witness: 18 U.S.C. 1510, 1512–13, 1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
http://www.supremelaw.org/guidelines.htm
All Rights Reserved
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In my view in a real democracy there is not only tolerance to diverse views there is acceptance. If the views incite violence or social harm, I would agree society should come together to discuss how to create a positive exchange in a democratic forum. The internet is showing all views these days, the difficulty is to gain balance, a sense of social viewpoints without bias. We can tend to look for information that is reinforcing of our views rather than facing differing views with open-mindedness. So I would add that critical thinking is important to be learned. We can end up with glee clubs that simply reinforce what we think is right. I’d prefer different views. I can then make my own decisions. The only view I’d offer is what I know in respect of the law of attraction, is that it is wise to not get bogged down in fighting but to really focus on what we truly want. Do it in a way that is inspiring not condemning and you may well get what you asked for.
The universal also is similar to a democracy, you vote by what you think and do. The law of attraction responds, that is another blog, but a fascinating input into our current consciousness.
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http://freedom-school.com/the-united-states-is-a-corporation.html
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