Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, October 29, 2020

Getting Progressive Taxation Right

Suggestions:
Gross versus Net Taxation
Taxes should not fall on a person's basic expenses [gross not net]
Allow people to deduct food, shelter & work expenses
1. First Home mortgage or rent.
2. State taxes.
3. Transport to & from work & commerce.
4.  Capital goods should be deferred or deducted for everyone.
A. Deferred over a million dollars value.
B. Deducted if LT Million$.
5. Genuine capital investment has a cost or depreciation. Investments that don't depreciate are actually economic rent.
6. Define strictly & focus taxes on economic rent.
7. Economic Rent should be taxed progressively. 
Rates
1. Social Security & Medicare taxes should be calculated on everyone & subsidized for people with a net income less than 30k$. [2020 equivalent]
2. Payroll differentials should be subsidized for employees making less than 30k$ net or 15$ per hour net.
3. 2 can take the form of Food, Transport & Shelter credits.
4. Social Security accounts available to everyone thru retail or postal banks.
5. 0$ rate on net income less than 50k$
6. 10% rate on portion of income LT 100K$
7. 20% rate on net income over 100k$ and less than 200k$
8. 30% rate net 200k$ - 400k$
9. 40% 400k$ - 800k$
10. 50% 800k$ - 1,200k$
11. 60% 1,200k$ - 10M$
12. 70% 10M$ - 100M$
13. 80% 100M$ - 1B$
14.  90%  GT 1B$ 
All taxes should be indexed for inflation





Friday, August 14, 2020

Tyranny - Madison

Madison defined Tyranny as:

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny.” - James Madison

This follows the definition John Locke gave for tyranny.

Sources and Related Posts

https://21stcenturycicero.wordpress.com/tyrrany/madison-on-tyranny/
John Locke Definition Tyranny
The Right to Own One self

Friday, July 17, 2020

Disappearing demonstrators in Portland Oregon


Last night I was browsing twitter, trying to bore myself to sleep, and instead I ran into articles about people being grabbed off the street in Portland, Oregon. The first articles I thought someone was trolling me. Then I looked. And it really was going on! So I tweeted about it last night, and thought I'd write about it today, so I don't forget and because this is more serious than a lot of the other awful things going on right now. It is right up there with COVID-19. Indeed, since Portland is experiencing a COVID-19 upsurge, the fact that Homeland Security is sending in troops, not invited by Mayor or Governor, and with no rank, insignia or respect for rule of law, is very serious indeed. Instead of Trump sending in doctors and medical supplies, he is sending in troops to invade the city.

Officers with no badge or insignia are grabbing people in the dead of the night, throwing them into patrol cars, and their excuse is “antifa”.

Sunday, July 12, 2020

Reforms Needed to save our Federal Republic

In an article titled: Post-Roger Stone: Ten ideas for repairing Trump’s justice system By Jennifer Rubin, She writes:

“President Trump granting clemency to his crony Roger Stone, who served as the go-between for the Trump campaign and WikiLeaks, on practically the eve of Stone’s incarceration for multiple crimes attendant to his coverup on behalf of the president, is grotesquely corrupt but unsurprising.”

She recounts the latest Cassus Belli of Trump's perfidy

She notes that “Stone virtually confessed to a quid pro quo,” (To me he was boasting), telling Howard Fineman,

“He [Trump] knows I was under enormous pressure to turn on him. It would have eased my situation considerably. But I didn’t.”

I don't think anyone with integrity doesn't feel that this wasn't a high crime and a misdemeanor.Rubin writes:

“Silence for clemency. A separate system of justice for the president’s henchmen. This is the very definition of corruption.”

Former Candidate Romney put it baldly in a tweet:

"Unprecedented, historic corruption: an American president commutes the sentence of a person convicted by a jury of lying to shield that very president." Link to Tweet

She reports:

“By this action, President Trump abused the powers of his office in an apparent effort to reward Roger Stone for his refusal to cooperate with investigators examining the President’s own conduct,”

She also reports how House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) and Oversight and Reform Committee Chairwoman Carolyn B. Maloney (D-N.Y.) said in a written statement released Friday:

“No other president has exercised the clemency power for such a patently personal and self-serving purpose.”

Actually, her hero George Herbert Walker Bush, exercised his clemency and pardon powers in 1992 for just such a patently corrupt and self serving cause when he pardoned the perps in the Iran Contra scandal. But what counts with Republicans is what they are doing now, so I can forgive past crimes as long as folks have seen the light. This post is about her suggestions for fixing the problems. I'm endeavering to analyze the problem by critiquing her suggestions. Most of them are obvious or things that were taken out of the law due to misuse or to protect the wrong people. Any reforms made should be based on firm Constitutional Grounds. And if that is not adequate, it might take a Constitutional Amendment.

Related Posts
Iran Contra and Bill Barr
Trump Got His Chaika
Impeachment As Regulation

Wednesday, July 1, 2020

Scrutiny and the Courts

Thousands of U.S. judges who broke laws or oaths remained on the bench

In a research article published by Reuters: (https://www.reuters.com/investigates/special-report/usa-judges-misconduct/) They report on how too many judges at state and local level have been given immunity, impunity and passes to commit crimes themselves. Worse their victims have found it nearly impossible to get compensation or accountability when they've been clearly harmed by the behavior of the judges. The article sums itself as follows:

Friday, June 26, 2020

Reform Emergency Response to get Community Policing & Communities

Reform Emergency Response.

I've been listening to people talk about reforming the police and they all have good ideas. Some want to simply defund the police – even eliminate them – One twitter friend says [same as me].

"We need REAL police reform:

  • no outta town cops
  • no guns unless SWAT
  • no shooting suspects in the back
  • no military assault gear
  • no qualified immunity"

Sunday, May 3, 2020

Constituting a National Health Service

Governor Cuomo is calling for the reorganizing of our disjointed and dysfunctional health service into a National Health System.

This would necessarily include a National Health Service, public private partnerships, and a mix of reserve elements and active elements. A lot of people, including me, have seen the need for this for a long time, and so it is about time we begin taking the concept seriously.

Training and Disciplining "according to the discipline prescribed by Congress"

A national system has to be organized under either the current National Guard or in parallel to it. The easiest way would be to add a Reserve Health Guard Militia to the National Guard Schema. The existing Uniform Health Service would be expanded. And Reserve Health Guard Officers trained using existing medical schools in country, of Citizens, in return for service according to uniform standards. These officers would then be used for emergencies, shortages, to serve the Naval and Land forces, and in deprived locations where market based healthcare fails. Once they had completed a term of active service they would remain either reserve officers or Auxilliary Reserve officers but be free to go into private practice.

Public Private Relationships

Private doctors and healthcare companies would fall under the Reserve Health Service as Private Reserve Auxilliary "militia" members. Their entire companies could be called into service during emergencies. As a condition of their operating license, each company, institution, installation and provider would have to sign a contract with the National and State HealthCare Reserve and agree to meet readiness demands, in return for Federal compensation at a reasonable price when they are called into service or voluntarily serve emergency medical needs. They would have to meet federal and state standards.

Emergency Reserve Capabilities

Just in time supply would be supplemented by Emergency reserve capabilities. The scenario is that factories producing consumer coulds would have standbye protocols and equipment for rapid retooling to produce vital goods. Active duty Public Health Medical Logistics and forecasting Professionals would be able to create forcasts and requisition reserve supplies to meet those needs rapidly when called on. Congress should reconstitute the Pandemic Response institutions necessary for this.

Healthcare is National Security

The plans can be put into place and prepared in advance. Drills can be done. Food, Medicine, Health Care is as much a Security issue as weaponry and force of arms. Wars have been lost because armies were too sick to fight. Cuomo's recommendations are overdue. Universal healthcare does not mean we have to nationalize industry. It does mean that industry needs to remember they are part of a country and have duties as well as privileges. It does mean that profiteering and privateering, for private separate advantage, have no legitimate place in healthcare.

Chris Holte

Related Posts
Why We Need a National Health Service
National Health Service as Part of the National Militia System 2017
National Emergency Response Service and the Militia

Friday, September 13, 2019

Capitalism has a lane, Socialism has a lane

And Healthcare

There is a lane for social goods and there is a lane for private goods. Henry George made the distinction based on whether the goods can be sensibly sold in markets.

Excludable and Rivalrous

Modern theorists insist that the distinction between market capitalism and socialism is in whether the goods involved are "rivalrous" or "excludable." That definition involves the behavior of consumers and sellers and power.

Excludable refers to governing powers

Excludable means that someone with power, a governor, can say "you can't enter here." It refers to the ability of people with power, government, to put gates on a resource, service or product. The natural commons is non-excludable. Yet historically westerners have seized, marked boundaries, claimed and fenced land and tried to do the same with oceans and even clouds. Rivalrous means that the good is limited in availability.

Vital Goods, food, medicine, shelter, are by definition rivalrous, but rationing them via markets is barbarous. If a good is vital and someone can exclude people from using it, then by George's version that is a natural monopoly. Excluding goods from markets is a means to make them more "rivalrous". His definition of monopoly is based on the moral effects, the natural rights of those who "should" have access to them. The Rivalrous and Excludable argument has more to do with power.

Purpose of Capital is to make Goods less rivalrous

The purpose of capital, historically, has been to make the formerly unavailable more available. Our ancestors found their health and life-spans limited by access to resources. Capital is about marshaling resources for both public and private benefit. There is little to share socially without the use of capital to make production, goods and services more efficient and/or better quality.

Capital

To Henry George and other early modern writers, capital was something very specific, it was wealth reused "in the course of production." Such wealth, like;

  • Seed Corn,
  • Tools of production like tractors, factory equipment, hammers and drills,
  • Ingredients of production such as livestock, nails, raw materials pulled out of the ground,
  • Those are “capital

Capital is the wealth, tools and equipment that go into production.

the Governance of Capital

The governorship of capital is either in the hands of the folks using those tools themselves, or in the hands of managers. Those managers can work for a government, or work for some private owner. Private owners call themselves "capitalists" but they really are property owners who are renting and managing capital. Capitalism is simply a term for a system where the ownership and governorship of capital is in private hands. Capitalists employ people and manage them. Private government versus public government. Is private government necessarily better? That is problematic.

Certainly not Collective Versus Free Enterprise

A Collective is a "group of people acting as a group." By that definition the only time one is not dealing with a collective is when a single person is running an owner operator business where he/she does everything him/herself. Therefore there is no "collectivism versus capitalism." The battle is between private governorship of collectives or some kind of republican and democratic forms. There is a range of involvement from pure democracy where nothing gets done unless everyone agrees, to some kind of hierarchy.

Republican and Democratic principles versus Tyranny

Businesses work best when they pay attention to republican and democratic principles. It is probably right to disparage purely collective decision making because that only works on a very very small scale. When scaling up to a Republic or some kind of federation you need a certain amount of hierarchy. But in any case large organizations are collective organization. This is definitional

Governing Collectives

A collective organization is can be governed democratically, oligarchically, or as a tyranny. We get sold "individual" enterprise as free enterprise. But unless Zuckerberg is the only run involved in facebook, he's managing a collective. An enterprise solely owned it is solely owned by a single person backed by a hierarchy is "monarchy" or "tyranny," by definition. If someone has a hundred or 100,000 employees, it doesn't matter. Ownership is government, enabled by legal documents registered with a court. If government turns into simple arbitrary ownership, that is usually bad government. Dictators make themselves extremely wealthy. In some cases they own their country and make themselves monarchs. "Capitalism" is often a problematical term that confuses the organization of productive property with some kind of governing system.

Privateering Versus Capitalism

For those reasons I no longer refer to predatory "capitalism" as capitalism. I call it privateering. Privateering is the conversion of government into private hands. Profiteering, legal piracy, Private warfare, modern corporate raiders, grifting and grafting, are all modern forms of privateering. Thus the issue is not capitalism versus democracy or socialism, but pirates versus common good, using propaganda and legal tricks to make their thefts perfectly legal. Privateers seek private separate power and advantage. That is tyranny, not a virtue.

What Capital is not

Not all wealth is capital.

  • Loot is not capital. It was stolen from someone and not produced by the person who stole it.
  • Coal, oil, gas, while still in the ground, is not yet capital. It is nature's bounty. The product of long dead trees and plants, and belongs to God, or nature. Claims on it are more like to loot than to capital.
  • Solar panels are capital. The tunnels dug or pipes put in the ground to get at coal or gas are capital.
  • Money invested in capital is working. Money to purchase property is derivative of capital.

The “Proper Social Function” Lane

When we are talking about nature's bounty or of goods and services that don't fit into a market mold, we are talking about goods and services that don't fit a pure capital mode. We call such goods “social Goods” because they are a “proper social function,” this is a social lane. In modern times it gets labeled socialism, but they are social goods whether or not they are controlled by the people as a whole or governed by rich people.

Public and Private Goods

When public goods, like parks, farms, and similar are handed over to private hands they are usually turned into gated club goods. A formerly non-rival good, by excluding people from using it becomes a gated good. Those with the resources to trade for the good get access to it, others are excluded. This creates market failure. Markets only work when the goods sold are non-rival (nobody hurt by purchase, plenty of hamburgers or cookies for example) and non-exclusive (meaning anyone can buy and sell in the market). Monopoly puts vital goods in the hands one one or a small number more people, who then can extract tolls from their access.

Public versus Private good

Vital social goods; food, medicine, health care, communications, transport, can be distributed through markets, but unless the markets enforce access, transparent information and resourcing for all actors, monopolists will turn them into gated goods, forcing artificial rivalries and excluding access arbitrarily. A free market is a creation not an accident. Some markets are never free. Hospitals, emergency services, and infrastructure, either belong to all the people or they risk being artificially gated or rivalrous goods where competition is life or death and resources extracted in the exchange. Example is when companies can buy drug patents and then raise prices to insane levels. Those are not free markets.

More:

The “Capitalism” Lane

The capitalism lane is what can be bought or sold in a market, justly. A good is in the lane of markets if:

  • The buyer and seller can refuse individual sales [no coercion]
  • There are real alternative buyers and sellers
  • There aren't significant barriers to others entering the market as buyers and sellers

Things that have those three attributes are in the capitalist lane. The social goods lane can also have capitalists involved and use markets, but if they do:

  • The presence of coercion means that either buyer or seller is denied a fair price for their goods or even unjustly denied access.
  • The presence of monopoly (complete or partial) means power of coercion due to lack of alternative buyers and sellers.
  • Barriers to becoming buyers or sellers means that the market is failing to reach or serve all persons in a society or collection of societies.

The kinds of goods described in Henry George's comments in 1890 were very profitable, because they could be governed by monopolists and denied to those not willing or able to pay an obviously inflated price, or in the case of monopsony, not sellers denied sales unless they pay an artificially low price. HG was describing market failure and social goods. It is not socialism when social goods are under governorship or at least control of the people as a whole through their representatives. It is monopoly capitalism, and privateering.

More information

Thursday, June 21, 2018

Substantive vs Procedural Due Process

I am incredibly worried about #Trumpenfuhrer and his power. If we hope to fix our immigration mess, it has to start with recognizing that there is such a thing as "Substantive Due Process" and a reaffirmation of basic Human Rights and Inalienable Rights theory into the law.

Affirming Substantive Due Process

Flores and Reno, did believe in substantive due process, and they worked out a settlement Agreement in 1997 after "over a decade of litigation responding to the U.S. government’s detention policy of children. The agreement set national standards regarding the detention, release, and treatment of all children in immigration detention and underscores the principle of family unity." [Settlement]

Friday, May 16, 2014

Systemic Corruption and Dysfunction

Analogy to Disease an Introduction

If you've seen these arguments before, forgive me and skip to the next title.

I wash my dishes constantly. Part of it is to keep them looking pretty, but the main reason is to keep the crud down, and to keep the bacteria that live in that crud down. I understand and wonder at the amazing bacteria. Most of them are commensal or even beneficial and symbiotic. Bacteria do wonderful things, and even the cleanest (and most obsessive about cleanliness) person has a body colonized by bacteria. Maybe bubble children don't have bacteria on them, but everybody else does, and without them we get ill. Normally they are good citizens.

But when the immune system is compromised even symbiotic or commensal bacteria turn on their hosts. When folks started dying who'd spent their summers at Fire Island in New York's long Island, weird diseases showed up. Normally commensal innocuous viruses were causing major disease, pneumonias were killing young men that ordinarily kill old men. Weird cancers were appearing. The syndrome that eventually was diagnosed was Acquired Immune Syndrome, previously only seen in victims of radiation poisoning. The nearby Brookhaven plant was ruled out as a source of radiation poisoning and ultimately the Human immunodeficiency Virus (HIV) was identified as the culprit. When the immune system is compromised people get sick from things that normally wouldn't make them sick.

Perfect Little Randians

One of the diseases that can compromise the immune system is leukemia. When someone has leukemia some or all of the "cops" that keep us healthy get sick. For example in myeloma baby cells that eventually spawn platelets, blastocysts, and other cops of the body (including sometimes the red blood cells themselves) get ill and become defective little babies that will never grow up. The only thing they can do is to reproduce, find places to sit, and ultimately displace their healthy brothers and sisters. These sick little babies can't do their job and they ultimately kill their host. As with AIDS bacteria, virii, and other normally innocuous or even helpful citizens of our bodies turn on us. Leukemia kills by turning the "cops" in the body into criminals and then letting the criminals run loose. Leukemia's and cancers are analogous to purely self centered and selfish adolescents running wild and ignoring all rules and authority. They are perfect little Randians. They owe nothing to their fellow system members and they eventually kill it with their wild behavior.

Leukemias and similar are caused by biological dysfunction at the cellular level. Genes that enable cells to do their job are somehow disabled. Communications path ways that would allow the rest of the body to get control of their behavior are turned off. Ordinarily the body has signals that can order a sick cell to self destruct, that usually gets turned off. Organization wide dysfunction reflects dysfunction at the cell level in cancers and many immune system diseases. For any living system to function the cells need to be able to moderate each other's behavior. There has to be a functional body of instructions (gene code) that all live by. A poorly constituted cell sickens and dies. The larger organism dependent on that cell is threatened by the same disease that makes the cell sick. The chromosomes of our cells constitute our existence and provide rule of law for every system in our bodies. We live (and die) because of the wonder of our chromosomes.

There are all sorts of cancers and systemic diseases, and most of them can kill left untreated. Some of the most horrible ones occur in vital organs. Brain diseases prevent animals from being able to eat or interact with others. Nervous disorders wind up starving vital organs by misallocation. If our bodies work perfectly every part does it's role. If not we are at ill ease; disease.

A Functional Society

A living system is a system composed of living things constituted in such a way that they collectively behave in a symbiotic manner. We live in a living system composed of interlocked and symbiotic systems (often known as subsystems). Earth is alive and in a very real sense is a large scale organism on which everything alive on its surface is either commensal, symbiotic or harmful. Our nation is likewise a living system. Most living systems have functions and issues analogous to our own human bodies to one degree or another. The constitution of a society follows the dictates of form and functions necessary to create systems that moderate and channel people's passions and abilities into useful services and products. Our governments are composed of individuals who govern themselves by laws and rules that they themselves create. When those rules are functional the system can be said to be well constituted and behaves in a functional manner. When the rules are dysfunctional the result is analogous to a sick organism.

When any system is sick it is vulnerable. And when it is vulnerable ordinarily good members (citizens) of that system can turn into criminals. A sick government can turn ordinarily good people into criminals. A poorly constituted society has a poorly constituted government and that results in vulnerabilities which get exploited. The Gene code is complicated because it has instructions for manufacturing or acquiring everything the body needs to function and survive in this world. Similarly we create laws and governments to enable us to function and survive in this world individually and collectively. Collective, collaborative and social behavior are necessities for survival as individual organisms and as a human race. Doing away with any social order threatens the survival of the system and that threatens all of us.

A Well Constituted Society

We need a well constituted society that provides all the functions necessary for human beings to serve one another and to live commensally and symbiotically. If we think of society as an organism a lot of things become clear. We want police who do their job -- and only target disfunction. We want brains who serve society and don't arrogate resources to themselves. We want a functional transportation system so that vital organisms aren't starved of food, water and air. We want a good quality communication system where the brain receives feedback from all parts so that the body politic can respond to issues and devote the necessary resources or direct cops. We need fat cells (Wall Street) to store energy -- and then release it when the body needs it. Too much fat in hands of dysfunctional wealthy folks makes us sick. Dysfunctional cops can kill us. Parasites can make us ill whether they pose as fat cells or wander around junking corporations. All diseases have analogies in human activity. Regulation is designed to enable everyone to pursue his or her bliss, and to help them find their bliss so they can find a role in this system of ours.

When idiots come up with ideas that destroy this function, threaten it, or justify their own wild behavior at the expense of the common-wealth of the system, those idiots are behaving as disease organism. We need to constitute our society in such a way so that such folks are forced to be commensal or symbiotic and are not allowed to harm the system as a whole. Randian ideology denies the importance of the system of human affairs and so has to be fought so that the people embracing such ideology don't act like cancers on our politics.

Feedback

If we think in terms of systems then we see why we need democratic forms to give feedback to our government. Why we need to differentiate our efforts so that each of us can concentrate on what we do best. And also why we need to have functional infrastructure and local governance within the scope of what folks do best. We also then learn that there is such a thing as negative feedback which can tamp down a response, and positive feedback which can open a response full throttle, and so we constitute our society with each kind of feedback loop where needed. Separation of powers is about creating feedback and feedback loops to enhance function -- not about deliberately gumming up the works except when positive feedback can be ruinous.

Anyway, for those of you who already think this way I'm preaching to the choir. For those of you who don't understand what I'm talking about, please do some reading on basic systems theory and notions like Gaia, etc...

Monday, April 21, 2014

Undue influence and Dependency Corruption or why the Supreme Court Decision was so corrupt

In my last few posts I quoted from Justice Roberts Majority decision in the McCutcheon Case [http://www.supremecourt.gov/opinions/13pdf/12-536_e1pf.pdf] to illustrate why the decision was not only wrong headed but corrupt. Essentially the problem is that they redefined half of what is obvious corruption as "embody[ing] a central feature of democracy—that constituents support candidates who share their beliefs and interests, and candidates who are elected can be expected to be responsive to those concerns." And they went on to say that "Any regulation must instead target what we have called “quid pro quo” corruption or its appearance." I've already talked about how that is a corrupt decision as most corruption reflects inequality and a balance of power that is in favor of those who have excess power and wealth and who use that power and wealth to protect that power and wealth.

Defining the only kind of permissible corruption that the government can go after is "Quid Pro Quo" is deliberately making it impossible to go after 90% of corruption, including all but the most obvious quid pro quo corruption. The Supreme court in one swoop of deeper and deeper intentional process corruption after another has eviscerated 500 years of lessons on what corruption is and how to fight it, including the forms of corruption that the Founding fathers criticized. What Lessig calls "dependency corruption." A friend at the "Robin Hood Tax Site" rips into this with this graphic from an article at "Talking Points Memo":

I already talked some about "undue influence" but the author Lawrence Lessig explains that what we are talking about is further defined as "dependence corruption" which he explains in this article in Harvard Review [http://harvardmagazine.com/2012/07/a-radical-fix-for-the-republic] as a kind of systematic corruption where representatives lose the independence necessary to perform their function of representing and serving the people and become dependent on some outside force.

“the Framers wanted to avoid…Parliament’s loss of independence from the Crown” resulting from royal gifts of “offices and perks” that pulled members “away from the view of the people they were intended to represent.” The Founders were aware of the fragility of the system they had fledged: when Franklin walked from Independence Hall as the Constitutional Convention ended, Lessig writes, a woman asked what he had wrought. “A republic, madam,” he replied, “if you can keep it.”

Fighting dependency corruption was the reason for separation of powers.

Founders were fighting Systematic Corruption

Lessig, writing for the Daily Beast wrote [http://www.thedailybeast.com/articles/2014/04/02/originalists-making-it-up-again-mccutcheon-and-corruption.html]:

"The roots of that argument were handed to the government from an unlikely source: the Framers of our Constitution. Building upon the work of Zephyr Teachout, two researchers and I scoured every document that we could from the framing of our constitution to try to map how the Framers used the word “corruption.” What was absolutely clear from that research was that by “corruption,” the Framers certainly did not mean quid pro quo corruption alone. That exclusive usage is completely modern. And while there were cases where by “corruption” the Framers plainly meant quid pro quo corruption, these cases were the exception. The much more common usage was “corruption” as in improper dependence. Parliament, for example, was “corrupt,” according to the Framers, because it had developed an improper dependence on the King. That impropriety had nothing to do with any quid pro quo. It had everything to do with the wrong incentives being allowed into the system because of that improper dependence."

The right of course, loves "dependency corruption" because it reflects their efforts to create a new "dependency" aristocracy in which their shills would be the new "middle class" and pretty much everyone else can kiss their wealth and influence good bye. This article Seth Barrett Tillman can be found all over the internet, probably well advertized: http://news.yahoo.com/why-professor-lessig-dependence-corruption-not-founding-era-100206490--politics.html So naturally he claims that:

"No such unified concept existed in 1787-1788" as "a stable, unified meaning as to how the Framers (and the public during the Framers’ era) understood corruption in relation to the Constitution of 1787-1788: the Constitution of the Framers and Ratifiers."

Tillman is (of course) parsing. The Founders didn't use the words "improper dependence" alone but also talked about the "undue influence" of the Crown. Undue influence exists because it creates a dependence on the corruptor on the part of the corrupted, or simply involves raw power. So when the founders used the term "undue influence" or "improper dependence" they were using terms that are referring to a balanced system where money, influence and power are balanced. The line between "undue", "improper" dependence and independence are often political, arbitrary and shifting. Corruption is not just about law-breaking, but also about whether a system is functional for all it's stakeholders, optimized for the few, or completely FUBAR for the majority. So yes Mr. Tillman is right in that the founders didn't have an objective, by the numbers, standard by which to judge undue influence or dependency, but that is a straw argument. They had a definition of corruption that the entire constitution sought to remedy. And it was an imperfect remedy by imperfect (and thus corruptible) people, so the result was an imperfect document. Indeed you see just this sort of corruption referenced in the Anti-Federalist warnings about ratifying the constitution, one "Republicus":

(referring to President's powers).... "is it not probable, at least possible, that the president who is to be vested with all this demiomnipotence - who is not chosen by the community; and who consequently, as to them, is irresponsible and independent-that he, I say, by a few artful and dependent emissaries in Congress, may not only perpetuate his own personal administration, but also make it hereditary?"

For both Federalist and Anti-Federalist (who wrote this, corruption and tyranny are tied. Almost all of whom were influenced by John Locke, and when they talked about corruption they were more likely to be referring to the tyranny of monied classes and aristocrats than to someone putting a bag of coins on a desk. The subversion of dependency is process corruption that ultimately results in concentration of power and aristocracy:

By the same means, he may render his suspensive power over the laws as operative and permanent as that of G. the 3d over the acts of the British parliament; and under the modest title of president, may exercise the combined authority of legislation and execution, in a latitude yet unthought of. Upon his being invested with those powers a second or third time, he may acquire such enormous influence-as, added to his uncontrollable power over the army, navy, and militia; together with his private interest in the officers of all these different departments, who are all to be appointed by himself, and so his creatures, in the true political sense of the word; and more especially when added to all this, he has the power of forming treaties and alliances, and calling them to his assistance-that he may, I say, under all these advantages and almost irresistible temptations, on some pretended pique, haughtily and contemptuously, turn our poor lower house (the only shadow of liberty we shall have left) out of doors, and give us law at the bayonet's point.

The anti-Federalists rightly feared the corruptive influence of concentrated power.

Or, may not the senate, who are nearly in the same situation, with respect to the people, from similar motives and by similar means, erect themselves easily into an oligarchy, towards which they have already attempted so large a stride? To one of which channels, or rather to a confluence of both, we seem to be fast gliding away; and the moment we arrive at it-farewell liberty". . . .

So for the founders the fear was the creation of an oligarchy or monarchy where the people would be dispossessed and oppressed.

"To conclude, I can think of but one source of right to government, or any branch of it-and that is THE PEOPLE. They, and only they, have a right to determine whether they will make laws, or execute them, or do both in a collective body, or by a delegated authority. Delegation is a positive actual investiture"....
http://www.thisnation.com/library/antifederalist/72.html

The fact is that when Lessig did a search on terms in the founders writings before he wrote about this he notes:

"The results were striking. A significant majority of the times the Framers use the term “corruption,” corruption is predicated of an entity, not an individual (57%). Every instance of “quid pro quo” corruption is describing individual corruption, not entity corruption. And for the significant number of cases in which the Framers are discussing “improper dependence” as a kind of corruption, they are describing entity corruption (67%) not individual corruption (33%)."

And he concludes:

These numbers make it hard to believe that the Framers of our Constitution would have used the term “corruption” to refer to “quid pro quo” corruption alone. Or put more sharply, these number suggest that only a non-originalist could support the idea that “corruption” refers to “quid pro quo” corruption alone." Src: [http://www.lessig.org/2013/07/the-original-meaning-of-corruption]

Thus indeed the main reason for separation of powers, for the first 10 Amendments, and for institutions like trial by jury was to resist "undue influence" and corrupt dependency. The remedy for undue influence being representation. The remedy for corrupt dependency being independent branches, defined powers and rule of law. And the remedy for corruption being good and functional government. "A well regulated" government is one where corruption is so minimized it's not an issue. So all his examples don't prove Lessing wrong. If they took the word "corruption" out of the impeachment clause it's because it is entirely possible for the corrupt to engage in impeachment by projection of their own designs and motives. As we saw when the Republicans impeached Bill Clinton for having sex with a page and lying about it, when later it turned out the principles making the charges were guilty of the same crime. Corruption is often a subjective thing. But it's a "I see it when I see it, and I can smell it when it's present" thing too. An objective standard for "dependency corruption" is as fraught with peril as any other remedy. But certainly there are limits to what we should let our oligarchs get away with -- and we'd be a lot better off without them. Lessig is write and this author is blowing smoke.

I wrote about this somewhat in my blog on the subject. http://holtesthoughts.blogspot.com/2014/03/corrupt-court-and-undue-influence-and.html but quoting from the same source I find this argument for Jury trials:

"The excellence of the trial by jury in civil cases appears to depend on circumstances foreign to the preservation of liberty The strongest argument in its favor is that it is a security against corruption As there is always more time and better opportunity to tamper with a standing body of magistrates than with a jury summoned for the occasion there is room to suppose that a corrupt influence would more easily find its way to the former than to the latter."[The Federalist and Other Constitutional Papers by Hamilton, Jay ..., Volume 1 edited by Erastus Howard Scott

Hamilton in this excerpt pretty much assumes that there would be attempts to corrupt Juries too, but that the combination of Judge and Jury and other process guards can "provide a check on corruption".."decreasing it's obstacles to success" and reducing the prospect of Judicial "prostitution" which judges would otherwise be tempted to engage in. Sounds like Hamilton was warning of the Roberts Court. Too bad he doesn't have to convince a Jury of his rulings. They sound like Judicial prostitution to me.

Further Reading:

This is the latest of a series:
A Corrupt Court, Tuesday, June 26, 2012: http://holtesthoughts.blogspot.com/2012/06/corrupt-court.html
A corrupt decision blind to corrupt access and influence October 8, 2013: http://holtesthoughts.blogspot.com/2013/10/a-corrupt-decision-blind-to-corrupt.html
Corruption, Racketeering and the Supreme Court, Wednesday, October 16, 2013: http://holtesthoughts.blogspot.com/2013/10/corruption-racketeering-and-supreme.html
Corrupt judges on the Supreme Court. October 23, 2013: http://holtesthoughts.blogspot.com/2013/10/corruption-judges-on-supreme-court.html
Corrupt Court and Undue Influence and access according to Founders, Thursday, March 27, 2014: http://holtesthoughts.blogspot.com/2014/03/corrupt-court-and-undue-influence-and.html
The Expected Corrupt Decision by a corrupt court, Saturday, April 5, 2014: http://holtesthoughts.blogspot.com/2014/04/the-expected-corrupt-decision-by.html
Is Quid Pro Quo the only kind of corruption that Government can regulate. April 5, 2014: http://holtesthoughts.blogspot.com/2014/04/is-quid-pro-quo-only-kind-of-corruption.html
Undue influence and Dependency Corruption or why the Supreme Court Decision was so corrupt, April 21st, 2014: http://holtesthoughts.blogspot.com/2014/04/undue-influence-and-dependency.html
Sources for this post:
http://republic.lessig.org/links.php
http://www.thedailybeast.com/articles/2014/04/02/originalists-making-it-up-again-mccutcheon-and-corruption.html
The Federalist and Other Constitutional Papers by Hamilton, Jay ..., Volume 1 edited by Erastus Howard Scott

Thursday, April 17, 2014

Six Basic Rights or Why Property is not an Absolute Right

Why property is not an absolute right.

The wealthy love the right to property. To them it ought to be unlimited so they can take property away from their debtors or the people they employ to dig their holes and garden their gardens -- and make them once again slaves and serfs. Property rights cannot be absolute. None of us live on this earth forever. Real Estate property if finite, and possession of property is a monopoly right that if treated as an absolute right tends to infringe on the acquisition property rights of others.

Right to Home and livelihood IS inalienable

Individual rights start where individual needs become legitimate and stop when they infringe on others [oppression] (and vice versa). Thus, justly, Jefferson talked about the right to "pursue happiness" not property rights. The reason that property rights cannot be absolute is that property must be acquired, land property is both necessary to everyone and finite. Thus property is a privilege necessary to other rights, but not an absolute right in and of themselves. Thus the right to real property is a privilege that can stem from other rights but cannot be absolute. But there are rights that the property privilege reflects and why property should be a limited right. And Franklin Roosevelt expressed these rights in his four freedoms and six new rights speeches. The argument for those freedoms in terms of natural rights, is what I'm concerned with here.

FDR's Speech
The Six Basic Rights Are:
A Job
An Adequate wage and decent living (living wage)
A decent home
Medical care
Economic Protection during sickness, accident, old age, or unemployment
A good education

No question but people should have these rights. And I'll explain some of the reasons why.

Ideas are like Pandora's box.

Ideas are like Pandora's box. Once the box is opened they can't be recalled. Humans have certain inalienable rights; black, brown, round headed, long headed, fat headed or pointy headed; and one can tell they are inalienable by the suffering engendered when they are infringed. An inalienable right can't be removed without causing massive suffering. When ordinary people are dispossessed by thoughtless landlords, government officials, or the viciousness of our capital system; their lives are imperiled and they suffer awful deprivation and pain. The right isn't "property" per-se, but property in the form of a "home" -- a place with the properties of shelter, warmth, and security. The inalienable right is home. The right to a home is inalienable, because denying that right is alienating. It is self evident that families shouldn't be forced to die in the snow or flood.

Demonstrating inalienability by demonstrating alienation

It is always easier for a politician or visionary to articulate principles than it is to apply them. Often times, since politicians emerge from the natural aristocracy (as we raise them up to represent us or rule us depending on OUR maturity) -- they tend to be frightened when the implications of their own words come back to them. That was certainly true with the authors of the Declaration of Independence. For Jefferson and Adams liberty was a great principle when it was their own. When the French started believing it applied to shopkeepers and "hair dressers" folks like Adams and Edmund Burke bolted the movement. When black slaves in Haiti and parts of Virginia espousing those principles even Jefferson started having second thoughts about the idea. Our wealthy don't like the idea of the 6 Freedoms, because life is easier when they have the power to deny them. Nothing makes someone pay the rent, or put up with tyrannical employers, like the prospect of being evicted, losing access to doctors or being fired.

Thus, one can argue by deprivation that the right to a home is a right necessary to pursue and achieve happiness. Likewise with the other freedoms. People can't live without the ability to labor and feed themselves. They can't survive without medical care. And our system won't survive without universal basic education.

Affirmative Arguments

One can also argue affirmatively that these basic rights make for a stronger society, more "common weal" in our commonwealth, better representation etc... Again that frightens aristocrats and some of them will do anything to keep people down. Including denying that the six rights are in fact rights and not privileges that they should control as lords and masters. It's the logic of slavery versus the logic of liberty, but what the hey, call yourself a libertarian and say it anyway.

Further Reading

The Four Freedoms of FDR:

  1. Freedom of speech
  2. Freedom of worship
  3. Freedom from want
  4. Freedom from fear
Six Rights
Youtube speech: https://www.youtube.com/watch?v=3EZ5bx9AyI4
http://www.ushistory.org/documents/economic_bill_of_rights.htm
https://en.wikipedia.org/wiki/Second_Bill_of_Rights
Four Freedoms
https://en.wikipedia.org/wiki/Four_Freedoms
First published April 17, 2014, updated

Saturday, April 5, 2014

Is Quid Pro Quo the only kind of corruption that Government can regulate.

Roberts in his MCCUTCHEON v. FEDERAL ELECTION COMM’N decision asserts:

“Moreover, while preventing corruption or its appearance is a legitimate objective, Congress may target only a specific type of corruption—“quid pro quo” corruption. As Buckley explained, Congress may permissibly seek to rein in “large contributions [that] are given to secure a political quid pro quo from current and potential office holders.” 424 U. S., at 26. In addition to “actual quid pro quo arrangements,” Congress may permissibly limit “the appearance of corruption stemming from public awareness of the opportunities for abuse inherent in a regime of large individual financial contributions” to particular candidates. Id., at 27; see also Citizens United, 558 U. S., at 359 (“When Buckley identified a sufficiently important governmental interest in preventing corruption or the appearance of corruption, that interest was limited to quid pro quo corruption”

The dissent focuses on the reality that permitting large scale contributions to candidates historically is tantamount to legalizing quid pro quo corruption. But quid pro quo historically hasn't been the only kind of corruption visible in government, nor the only kind that government has sought to regulate. In my previous post I talked about how the founders feared "undue influence" and "improper access" as well. If the problem were mere "general influence" the majority decision could be respected, but "undue influence" is a real problem and eventually amounts to bribery, extortion, and outright buying of elections through propaganda and lies. The first amendment protects the right to lie. Now it protects undue influence it seems. And Breyer calls them out on it:

“corruption does not include efforts to “garner ‘influence over or access to’ elected offi­cials or political parties.” Ante, at 19 (quoting Citizens United, supra, at 359). Moreover, the Government’s efforts to prevent the “appearance of corruption” are “equally confined to the appearance of quid pro quo corruption,”

Breyer goes on to eviscerate the record of the courts evisceration of anti-bribery laws and evidentiary requirements. So based on the courts decisions even evidence demonstrating clear "quid pro quo" bribery will never be heard. Best to read the decision, especially the dissent and some of the articles on the subject explaining. It reading the majority arguments I'm simply astounded at how corrupt Roberts et all are. For them only quid pro quo corruption can be regulated -- and they make regulating that corruption impossible.

This is a follow up to my post earlier: http://holtesthoughts.blogspot.com/2014/04/the-expected-corrupt-decision-by.html

Daily Kos says it better than I can:

[Roberts, Scalia, Alito, Kennedy & Thomas's] conclusion:
* rests upon its own, not a record-based, view of the facts.
* Its legal analysis is faulty: It misconstrues the nature of the competing constitutional interests at stake.
* It understates the importance of protecting the political integrity of our governmental institutions.
* It creates a loophole that will allow a single individual to contribute millions of dollars to a political party or to a candidate’s campaign. ...

And concludes:

"Today’s decision eviscerates our Nation’s campaign finance laws, leaving a remnant incapable of dealing with the grave problems of democratic legitimacy that those laws were intended to resolve."
http://www.dailykos.com/story/2014/04/03/1289339/-Arm-yourself-read-Breyer-s-dissent-in-McCutcheon-v-FEC
Further Reading
http://www.supremecourt.gov/opinions/13pdf/12-536_e1pf.pdf
http://www.opensecrets.org/overview/mccutcheon_about.php?mv
Breyers dissent explained here:
http://www.dailykos.com/story/2014/04/03/1289339/-Arm-yourself-read-Breyer-s-dissent-in-McCutcheon-v-FEC
Bill Moyers Comments:
http://billmoyers.com/2014/04/02/a-blistering-dissent-in-mccutcheon-conservatives-substituted-opinion-for-fact/
Bill Moyers makes case that court is corrupt.http://billmoyers.com/2014/04/14/cant-we-just-say-the-roberts-court-is-corrupt/
Related Posts by Me:
A Corrupt Court, Tuesday, June 26, 2012: http://holtesthoughts.blogspot.com/2012/06/corrupt-court.html
A corrupt decision blind to corrupt access and influence October 8, 2013: http://holtesthoughts.blogspot.com/2013/10/a-corrupt-decision-blind-to-corrupt.html
Corruption, Racketeering and the Supreme Court, Wednesday, October 16, 2013: http://holtesthoughts.blogspot.com/2013/10/corruption-racketeering-and-supreme.html
Corrupt judges on the Supreme Court. October 23, 2013: http://holtesthoughts.blogspot.com/2013/10/corruption-judges-on-supreme-court.html
Corrupt Court and Undue Influence and access according to Founders, Thursday, March 27, 2014: http://holtesthoughts.blogspot.com/2014/03/corrupt-court-and-undue-influence-and.html
The Expected Corrupt Decision by a corrupt court, Saturday, April 5, 2014: http://holtesthoughts.blogspot.com/2014/04/the-expected-corrupt-decision-by.html
Is Quid Pro Quo the only kind of corruption that Government can regulate. April 5, 2014: http://holtesthoughts.blogspot.com/2014/04/is-quid-pro-quo-only-kind-of-corruption.html
Undue influence and Dependency Corruption or why the Supreme Court Decision was so corrupt, April 21st, 2014: http://holtesthoughts.blogspot.com/2014/04/undue-influence-and-dependency.html

The Expected Corrupt Decision by a corrupt court

The McCutcheon case seems to reflect the fact that the Supreme Court is starting to wake up to the undue influence that their corrupt decision is having on the body politic and the deserved low esteem the public is starting to hold them in. It begins with a statement on their current stance on money as protected "free speech":

"The right to participate in democracy through political contributions is protected by the First Amendment, but that right is not absolute. Congress may regulate campaign contributions to protect against corruption or the appearance of corruption. See, e.g., Buckley v. Valeo, 424 U. S. 1, 26–27. It may not, however, regulate contributions simply to reduce the amount of money in politics, or to restrict the political participation of some in order to enhance the relative influence of others. See, e.g., Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, 564 U. S. ___, ___. "[12-536_e1pf.pdf]

This of course is corrupt language as the purpose of such laws is to prevent the private, separate advantage of corrupt influence and access using money, not to hold down folks who obviously are doing quite well.

In the Arizona case they had struck down a provision of law providing for public financing of elections. And Elena Kagan wrote a forceful dissent which the Brennan Center quotes in their article on the Arizona case:

“Except in a world gone topsy-turvy, additional campaign speech and electoral competition is not a First Amendment injury.” (9)

Unfortunately "topsy turvy" is diplomatic speak for brazenly corrupt decision making by the courts:

“This suit, in fact, may merit less attention than any challenge to a speech subsidy ever seen in this Court….Arizona, remember, offers to support any person running for state office. Petitioners here refused that assistance. So they are making a novel argument: that Arizona violated their First Amendment rights by disbursing funds to other speakers even though they could have received (but chose to spurn) the same financial assistance. Some people might call that chutzpah.” (12)

The chutzpah is calling the undue influence of rich folks buying elections "free speech" and denying others access to such influence.

“Robust campaigns leading to the election of representatives not beholden to the few, but accountable to the many. The people of Arizona might have expected a decent respect for those objectives. Today, they do not get it.” (32)

The power of money in politics, obviously extends to the Supreme Court.

But of course we aren't talking about the previous corrupt decisions but the McCutcheon case. Given their outrageous behavior prior to this case, one couldn't expect any other decision unless one of the judges had a "road to Damascus" moment. That didn't happen. But they seem to realize they established a corrupt privilege and called it a right.

So they haven't woken up. If the right to participate in politics by spending money is not absolute, then why is the Supreme court overturning legitimate laws aimed at regulating power and privileges ability to unduly influence policy and elections?

Topsy Turvy Money is not Free Speech

Money is not free speech. First even if one considered money "speech" it's not free. If it were free I'd love to see some. It is earned, it is taken, it is exchanged. But it is never free. "Free Money" is an oxymoron. That is why they talked about "corporate Speech" instead of money in the Citizens United, and have used such crazy twisted arguments like the notion that helping those whose speech is being suppressed is somehow infringing the speech of the privileged class of monied financiers buying elections. So they don't use the word "money = speech" even now. Money is not speech and privileging money is not a legitimate activity of the Supreme Court.

So they can obfuscate what they are really doing, which is privileging the time dishonored notion of "undue influence" by privileging wealthy oligarchs over everyone else. Which is what they did when they opened the door to this with the Citizens United Decision and they affirmed as their strategy when they ruled on the Arizona case and then outrageously overturned a nearly 100 year old Anti-Corporate Montana law without even presenting arguments Though Justice Breyer submitted a dissent.

"In Citizens United v. Federal Election Commission, the Court concluded that “independent expenditures, includ­ ing those made by corporations, do not give rise to corrup­ tion or the appearance of corruption.” 558 U. S. ___, ___ (2010) (slip op., at 42). I disagree with the Court’s holding for the reasons expressed in Justice Stevens’ dissent in that case. As Justice Stevens explained, “technically independent expenditures can be corrupting in much the same way as direct contributions.” Id., at ___ (slip op., at 67–68). Indeed, Justice Stevens recounted a “substantial body of evidence” suggesting that “[m]any corporate independent expenditures . . . had become essentially interchangeable with direct contributions in their capacity to generate quid pro quo arrangements.” Id., at ___ (slip op., at 64–65)."[http://www.supremecourt.gov/opinions/11pdf/11-1179h9j3.pdf]"

So what this corrupt majority is doing is privileging undue influence, bribery, graft and all sorts of corruption and tyranny. As Breyer continues in the Montana case:

"even if I were to accept Citizens United, this Court’s legal conclusion should not bar the Montana Su­preme Court’s finding, made on the record before it, that independent expenditures by corporations did in fact lead to corruption or the appearance of corruption in Montana. Given the history and political landscape in Montana, that court concluded that the State had a compelling interest in limiting independent expenditures by corporations."

100 years of evidence that the Supreme Court is lying about the link between money and corruption -- and the majority ignored that evidence.

Conclusion? Court is corrupt.

There really isn't much more to argue right now. Money is not speech, it is a tool, a source of power, and thus a source of influence. And when uncontrolled and in the hands of officers like the Supreme Court or wealthy privateers, it becomes a source of undue influence. The court ignored the entire principle of Undue Influence when it made it's decision so it could exert undue influence to corrupt the process, and so the justices involved can hear years of "Ka-ching" rewards from grateful oligarchs.

I've written on this twice now. On the Citizens United Case (http://holtesthoughts.blogspot.com/2013/10/a-corrupt-decision-blind-to-corrupt.html) and last week I explained the Founders view of "undue influence".

The difference between a pirate and a privateer wasn't much. Both plied the seas, waged war based on private profits, and robbed people. But privateers had a charter legitimising their thefts. Pirates didn't. The Privateers didn't have to share the loot with the crew, and the pirates did. The Privateering spirit lives on.

Further Reading:
https://www.brennancenter.org/legal-work/arizona-free-enterprise-club-v-bennett
12-536_e1pf.pdf
http://www.slate.com/articles/news_and_politics/jurisprudence/2014/04/mccutcheon_v_fec_campaign_finance_decision_justice_roberts_doesn_t_believe.html
And of course the Horse Rate neo-reporting:
http://www.washingtonpost.com/blogs/the-fix/wp/2014/04/02/winners-and-losers-from-the-mccutcheon-v-fec-ruling/
Related Posts by Me:
A Corrupt Court, Tuesday, June 26, 2012: http://holtesthoughts.blogspot.com/2012/06/corrupt-court.html
A corrupt decision blind to corrupt access and influence October 8, 2013: http://holtesthoughts.blogspot.com/2013/10/a-corrupt-decision-blind-to-corrupt.html
Corruption, Racketeering and the Supreme Court, Wednesday, October 16, 2013: http://holtesthoughts.blogspot.com/2013/10/corruption-racketeering-and-supreme.html
Corrupt judges on the Supreme Court. October 23, 2013: http://holtesthoughts.blogspot.com/2013/10/corruption-judges-on-supreme-court.html
Corrupt Court and Undue Influence and access according to Founders, Thursday, March 27, 2014: http://holtesthoughts.blogspot.com/2014/03/corrupt-court-and-undue-influence-and.html
The Expected Corrupt Decision by a corrupt court, Saturday, April 5, 2014: http://holtesthoughts.blogspot.com/2014/04/the-expected-corrupt-decision-by.html
Is Quid Pro Quo the only kind of corruption that Government can regulate. April 5, 2014: http://holtesthoughts.blogspot.com/2014/04/is-quid-pro-quo-only-kind-of-corruption.html
Undue influence and Dependency Corruption or why the Supreme Court Decision was so corrupt, April 21st, 2014: http://holtesthoughts.blogspot.com/2014/04/undue-influence-and-dependency.html

Thursday, March 27, 2014

Corrupt Court and Undue Influence and access according to Founders

Citizens United hinged on a Huge Error in Judgment

The problem with the Citizens United case, as I noted in my post from October last year, titled "A corrupt decision blind to corrupt access and influence" is that the most eggregious error of that decision wasn't the "corporate personhood" mistake. Corporate personhood is just a legal fiction that the courts have used to exempt companies from laws and responsibilities at State or County level. The huge error was their defenestreing of corruption/bribery laws through their failure to recognize "undue influence" and "improper access" as corruption despite 200 years of legal jurisprudence establishing these as the heart of corruption.

Independent Expenditures as Ingratiation, Access and Extortion

In that decision Kennedy had written:

"there is only scant evidence that independent expenditures even ingratiate. … Ingratiation and access, in any event, are not corruption."

But ingratiation and separate access provide opportunities for undue influence and undue influence is at the heart of Bribery definitions and corruption, and our more progressive leaders have known that since the Federalists talked of this while writing the Federalist papers. Undue influence is at the heart of the evils of plutocracy, bureaucracy, and all forms of tyranny (Locke: "Power...exercised...for private, separate advantage". Denying the potentially undue influence exerted by money expenditures and independent expenditures, simply expresses the corruption that the Supreme Court has suffered due to the undue influence of wealth and power expressed through pressure groups like Americans For Prosperity and the Federalist Societies patrons that has created such a corrupt supreme court.

Wikipedia defines it as:

"In jurisprudence, undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person."

Undue Influence includes Extortion and Slander

Our founders understood the dangers of "Undue Influence". Robert Yates wrote in the Federalist:

Image of page 657 "The Federalist and Other Constitutional Papers by Hamilton, Jay ..., Volume 1"

Partisanship Fueled by Separate Interest

Text of 657 to beginning of 658 follows and could almost be describing our own times:

"In respect to the first it may be necessary to observe that under the colonial government there existed violent parties now known by the name of whig or tory republicans and aristocrats Those who were in the employments of government or the ins [who] were for extending the prerogative of the crown while the outs were checks to it. Many of the leaders on both sides were under strong expectations that sooner or later that branch of colonial government called the king's council would be erected into a hereditary house of lords. The ins being nearest to the disposition of the offices of honor and profit and in the way of obtaining patents for vacant lands and being from time to time joined by other crown officers and dependents who flocked to and settled in this colony since the year 1763 had the means of making use of undue influence to retain their situations which made the outs at last despair of ever having a turn unless the elections were by ballot. [punctuation added]

Source:The Federalist and Other Constitutional Papers by Hamilton, Jay ..., Volume 1 edited by Erastus Howard Scott

Revolution fought to resist Undue Influence from $ Power

Undue Influence was part of the unfair power (and wealth) distribution that was the real reason for the first revolt that created the United States. Fear of foreign undue influence was one of the reasons we formed a General Federated Republic rather than remaining separate (and warring) colonies. And undue Influence has reared it's ugly head throughout our history in our country in much the same fashion. Only instead of hereditary land-lords with power by way of land titles, we now have hereditary Corporate-barons with power by way of Corporations. And we have those barons exerting undue influence on the Supreme Court as expressed in the Citizens United Decision and the efforts of the newspeak (bizaaroland) named Tea Parties. Where we resisted the undue influence of the East India company during our 1775-1889 revolt, it's modern analogues exert flagrant influence on us now.

Resisting the East India Company

In the Federalist Papers James Winthrop "Agrippa" referenced the power of the East India company in the following passage (on page 548)

"In most countries of Europe trade has been more confined by exclusive charters Exclusive companies are in trade pretty much like an aristocracy in government and produce nearly as bad effects An instance of it we have ourselves experienced Before the Revolution we carried on no direct trade to India. In most countries of Europe trade has been more confined by exclusive charters Exclusive companies are in trade pretty much like an aristocracy in government and produce nearly as bad effects An instance of it we have ourselves experienced Before the Revolution we carried on no direct trade to India " [page 548-549]

The USA was founded on a tension between legitimate business and privateering under charters. Our own chartered privateers were labeled as pirates by the British during our revolution [I visited a museum dedicated to that "notorious Pirate John Paul Jones" during my visit to Britain two years ago]. Pirates had an imperative to share the loot with crews while privateers and chartered trade companies ran their business as absolute dictatorships solely for the benefit of the owners. Our business people learned acute lessons from being considered second class businessmen. Many of them were officially branded as smugglers or even pirates. Part of the motive of the revolution was to protect their own trade from dumping by the East India Company which enjoyed tax free status on it's tea, while our businessmen had to buy the tea with a tax stamp from Britain, from the East India company!

Agrippa continues:

"In a republick we ought to guard as much as possible against the predominance of any particular interest It is the object of government to protect them all When commerce is left to take its own course the advantage of every class will be nearly equal But when exclusive privileges are given to any class it will operate to the weakening of some other class connected with them "

The founders sought to accomplish that by dividing the government into divisions and forcing them to both work together and to have to work out competing interests. They also were thinking of Business, but as we didn't have businesses like the East India Company in our country yet, they left working out that separation of power to later generations.

Indirect Bribery and Extortion = Undue Influence

So undue influence is connected to our founding principles, and the power of direct bribery and the indirect bribery labeled as "undue influence" was identified as a major ill way back during our founding days. This illustrates all the more graphically the mendacious and perverse faux principles of the "Federalist Movement" and it's corrupt avatars on the Supreme Court.

In this stage of our history the companies are more and more resembling the East India company and less and less resembling Paul Revere's Silver company or even Robert Morris' grand pirate fleet (our first navy). When folks argue for freedom from government they are really talking either about self-government, or the switch becomes rule by greedy corporations like the East India Company. The East India company so botched it's control of Bengal and other parts of SE Asia that the British Navy, Marines and Army had to come in to rescue them. Democracy is not only about individual rights it is also about functional societies where the right people are able to get offices and power for limited times as needed, and not to make their power hereditary and oppressive. That is why these discussions were found in the writings of the Federalists, Republicans and Anti-Federalists.

Further Reading

Further reading that describes how "undue influence works" to corrupt judges like Clarence Thomas and Scalia:

http://www.huffingtonpost.com/2010/10/20/scalia-thomas-koch-industries_n_769843.html

There are many more quotes from founders and I believe Federalist 2 that reference "undue influence" and the need to protect our politics from foreign undue influence, corporate undue influence and the influence on each other of executives, judiciary members and legislators through divided government and separation of powers. I'm sure if I look hard enough I'll see references to pastors and priests as well.

Written 3/27/2014