Thursday, July 3, 2014

Democracy 'applies' to 'real' individuals. Democracy must comply with the Constitution.

'Democracy' is a governmental institution that applies to all the 'real individuals' at the Bottom of government. It applies 'without distinction' between 'real' individuals existing in the 'human condition'. But, the 'economy', and Capitalism are different, and have a different 'purpose' for existing. An economy, any economy, can only exist and function as a means of 'subsistence' and, or, by means of the 'profit motive', whereas, the political system, can only 'function democratically', by 'protecting and defending' the 'real People', from which it gets its power as a Political Institution. The 'Rights and Power' of the Government, as institution, are protected by the Constitution. The Constitution, 'constitutes' it. Hence, government cannot willy-nilly, do whatever it pleases, because its very existence is 'dependent' on the 'condition of togetherness' of the 'Real People'. That's democracy; it must comply with democratic, legal, institutional, social an political structures, established by a process that is democratic, and a process that protects, the Freedom and Equality of the 'real individuals': of course, corporations have also been protected by the Constitution, but they are 'not real'; all of that has been established by Supreme Court Decisions. Now consider the situation with Capitalism within the economy. It functions by the 'profit motive'. It cannot function otherwise. No one goes into business to lose money. An essential part of a successful economy are its 'corporations'. The Courts say, that corporations are "legal Fictions": that can only mean that they are not 'real'. Now, if a corporation, any corporation, needs 'real' people to help it function as an economic entity, shouldn't it also be required to 'protect and defend' the Constitutional Rights of those 'real' individuals? A corporation is a "Legal Fiction"; hence, created by government, whereas the 'real' People, were not created by government. An employee, any 'real' employee, even if employed by an employer that's a "legal Fiction", is still entitled to protection by the Constitution. The employee needs protection, not the "Legal fiction". How can a Court decide that a "fictional employer" has Religious Freedoms, while at the same time, depriving 'the real People', the employee, from that very same Freedom? If an 'employer' does not want to be considered "fictional", its simple, don't incorporate, or don't hire 'real People'; try hiring 'fictional employees'.

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