Saturday, July 12, 2014

The function of government is different from the function of the economy.

Government functions with the basic form, structure, and basic Individual Rights, set forth in the Constitution. The economy functions on entirely different principles from those of government. Economic principles are independent and are not set forth in the Constitution. Every Individual wishing to participate in economic activity can do so. An individual can conduct his/her economic activity in any manner that s/he wishes; of course, economic activity is subject to governmental regulations of 'unfair economic practices', and 'monopolistic activity'. Government 'limits' some economic activity, but economic activity does not effect the Constitutional form, or structure of government. The individual 'Rights' protected by the Constitution, also protects an individual from 'unfair' economic practices. The economy is subject to the legal control of its practices, just as the Individual is subject to the legal control of his/her 'activities' or 'behavior'. Of course, this legal control also applies to the corporate structure. But, the Law has held that a corporate "person" is a "legal fiction". This is another way of saying that a corporation is not real; it's only a 'person', "in contemplation of Law"; which means that the Courts will consider a corporation as a legal "person", but its a person only in 'legal discourse'. This can be verified by anyone who tries to locate any 'particular corporation' in 'actuality'; e.g., try finding "Ford Motors"; "Ma Bell"; etc.( I don't mean find their 'offices' or 'buildings', I mean the 'person'). I use two examples of 'corporations' but only as examples.) The only way to get to a 'real person', who is 'shielded' by the corporate structure is to "pierce the corporate veil", and this is only allowed in certain cases, where the infraction is 'serious' and can be traced to the 'real' People 'behind' the 'corporate structure' or 'veil'. Although a corporate structure must function amidst many prohibitions, so must 'real' People. The issue is that, although both 'real persons' and "fictional persons" are regulated by Law, one is real ;the other is only a "legal fiction"; and I don't think, I have to elaborate on the differences between the 'real' and the 'imaginary, fictional'. Government regulates all activity, by means of Law; both the real and the imaginary, but why do the Courts 'favor' the imaginary? They do that, by treating the 'imaginary' as if it was real. The effect is to place economic values, to wit, money and possessions, in all its forms, as being more important than the Freedom and Equality of 'real People'. We truly live in a 'real world', and an 'Alice in Wonderland' world, and 'never shall the twain meet'. We become social 'schizophrenics' in a world that refuses to distinguish between the 'Imaginary' and the 'Real'.

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