Sunday, December 8, 2013

Capitalism could work; if the playing field was not so lop-sided.

The problem with capitalism is the lop-sidedness of the 'field'. Early in 'capitalism', the Judiciary saw fit to Constitutionally protect corporations by considering them as 'persons' within the protection of the Fourteenth Amendment. That may have been necessary and inevitable at the time. However, to continue to add more advantages, like including them under the Speech provisions of the Constitution, is a little too extreme. A corporation is a legal fiction and as such should be treated as a fiction; it cannot have a freedom of speech because it does not speak and because its a 'Legal fiction'. It has been given certain advantages by giving the corporate structure a 'center of gravity' for economic activity to help create a great economy, but how much further can the fictional aspects be taken? To be sure, it effected the concept of competition by individuals. But, to give them the power of contributing to political candidates is absurd. That seems carrying the 'personal fiction' a little too far. Those 'fictions' apply to the abstracted, artificial, fictional entity as a whole, as contrasted to the real individual. The fictions should not be considered as the 'intended' creation of some huge 'real' individual. That's why they are referred too as 'legal fictions'. Of course, the effect has been to solidify their 'huge' economic status and at the same time 'help' their own selves within the 'political field'. That can only result in a 'lopsided activity' that concentrates money among the politicians or Parties who support those new 'creations'. The real individual has a freedom and equality within the National sphere that recognizes the integrity, the dignity, and the uniqueness of the individual human condition. A real individual can incorporate his/her business, but s/he cannot create another human 'person'. What has been created remains an economic "legal fiction". Corporations are economic fictions ( government issue) but, real human beings are not government issue. Humans are real and no one can create another human being by some 'governmental activity'. Only real humans have a Constitutional Freedom and Equality. Corporations acquired protection under the Constitution: now, they should do their part by helping to implement the Freedom and Equality of the individuals at the Bottom. They could help keep jobs local, pay just wages, pay their fair portion of taxes, and never usurp the dignity or the integrity of the human condition.

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Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.