The nature of democracy necessarilly sediments on the people or the bottom of
the structure of government. Government, any kind of government, focuses on
the top of the structure, because the Top governs the millions at the bottom. The
relation that connects the two ends of the governing process i.e. the Top and the
Bottom must be judicially modulated to insure that the Constitutional structure
is followed. That process is ongoing. Hence, the judicial modulation of the
relation between an abstract top and a concrete bottom must be objective or
impartial. Therein lies one of the many problems of a democracy. To be sure,
its not the only problem, but its an area where Party politics becomes obvious.
Packing the Court is a common practice; decisions along Party lines is another.
Most people are aware of these improper practices and also about the lack
of objectivity in the Judicial Branch. These problems arise from within the
system and they must be and can be handled from within the system.
But what about the problems that arise from outside the system? For
example, the influences of corporations on government. Corporations are very
useful economic devices, but even the Courts refer to them as legal fictions.
The economy is important and corporations in the economy are important, but
why allow them any influence over government. Since government sets the
guidelines for their very creation, government should be able to control them.
Of course, not in any restrictive or limiting manner, but, isn't it somewhat
insidious that a "legal fiction", i.e. some unreal 'person' created by
government for economic purposes, can influence politics and hence
government? Government gets power from all the people by way of the
Constituion and its incomprehensible how a profit making corporation can
have influence over a Constitutionally created government. Are we entering
a phase where money has become such a value that it is more important and
more powerful than democratic government? Money will never hold people
together. It's divisive. The only thing that can hold a people together is a
democratic Constitution and a democratic government. "We the People...".
We must learn how to use them and stop playing party politics.
the structure of government. Government, any kind of government, focuses on
the top of the structure, because the Top governs the millions at the bottom. The
relation that connects the two ends of the governing process i.e. the Top and the
Bottom must be judicially modulated to insure that the Constitutional structure
is followed. That process is ongoing. Hence, the judicial modulation of the
relation between an abstract top and a concrete bottom must be objective or
impartial. Therein lies one of the many problems of a democracy. To be sure,
its not the only problem, but its an area where Party politics becomes obvious.
Packing the Court is a common practice; decisions along Party lines is another.
Most people are aware of these improper practices and also about the lack
of objectivity in the Judicial Branch. These problems arise from within the
system and they must be and can be handled from within the system.
But what about the problems that arise from outside the system? For
example, the influences of corporations on government. Corporations are very
useful economic devices, but even the Courts refer to them as legal fictions.
The economy is important and corporations in the economy are important, but
why allow them any influence over government. Since government sets the
guidelines for their very creation, government should be able to control them.
Of course, not in any restrictive or limiting manner, but, isn't it somewhat
insidious that a "legal fiction", i.e. some unreal 'person' created by
government for economic purposes, can influence politics and hence
government? Government gets power from all the people by way of the
Constituion and its incomprehensible how a profit making corporation can
have influence over a Constitutionally created government. Are we entering
a phase where money has become such a value that it is more important and
more powerful than democratic government? Money will never hold people
together. It's divisive. The only thing that can hold a people together is a
democratic Constitution and a democratic government. "We the People...".
We must learn how to use them and stop playing party politics.
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