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THE AMERICAN 'TC' Saga - Part 8 - CORPORATIONS and LAW

SARTRE

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Sept. 24, 2016

Corporation: An ingenious device for obtaining profit without individual responsibility.

 

Ambrose Bierce

 

Totalitarian Collectivism

 

Part 8  – CORPORATIONS and LAW

 

 

Much of the United States’ legal system is based upon Roman Law. The Latin phrase, corruptissima re publica plurimae leges translates as, "In the most corrupt state are the most laws." The failure of American Jurisprudence can be directly traced to the abandonment of Anglo Saxon Law and the heretical replacement of Natural Law by the dictates of Admiralty Law.

 

 

The much maligned activist Eldon G. Warman states: "We have found that we are not in Common Law under the Constitution -- in fact, we're not in Equity under the Constitution -- we are in Maritime Law (the Law of International Commerce - Law Merchant, Admiralty Law, Military Law, and Prison or Warden Law)."

 

If you are new to these distinctions consider the following by Mr. Warman: "The UNITED STATES is a corporation, and Congress is a 'body politic' - both being Roman style incorporations (make-believe ships) under the original creation/ownership of the Pontifex Maximus (Pope) of the (still existent) Holy Roman Empire. All Roman Law documents (so-called constitutions; but, in fact, are 'ship's orders' of make-believe ships), when used as the guide to operate a country under Roman Law, always contain a "notwithstanding" clause (In the US Constitution, it is the 'general welfare' clause). This allows the "captain of the ship", the President, or a designated officer (judge or Cabinet member) leave to disregard any provision of such a constitution at his discretion. 'The CAPTAIN may deviate from ANY 'rules or regulations' when he DEEMS it necessary for the GOOD of the ship.' That is a basic maxim of the Law of the Sea, and totally within the 'common sense' realm of operating a ship relative to safety and profitability; however, it is devastating to the unalienable rights of an individual free will man or woman living upon the land."

The American Saga should be viewed through a lens of a monumental struggle between the individual and an artificial connivance called the State. The fundamental theme of Totalitarian Collectivism is that legitimate authority rests in the personage of the individual. Governments possess no natural rights. Corporations encompass no inherent autonomy or intrinsic privilege. However, the deplorable history of invalid prescient and constitutional perversions is the true record of a failed legal system.

The profane concept of judicial review in Marbury vs. Madison sets the path toward total federal tyranny. The U.S. Constitution bears no relief, and fosters the legal cover of despotism. The tortuous twisting of Fourteenth Amendment interpretation to include, "Corporations -Although a corporation is the creation of a State, which reserves the power to amend or repeal corporate charters, the retention of such power will not support the taking of corporate property without due process of law", is insane. The 1886 case, Santa Clara County v. Southern Pacific Railroad Company, is often cited that the U.S. Supreme Court ruled that corporations are "persons" having the same rights as human beings based on the 14th Amendment.

More to the point, Cecil Adams offers this explanation. "When the case reached the Supreme Court, Chief Justice Morrison Waite supposedly prefaced the proceedings by saying, "The Court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution which forbids a state to deny to any person within its jurisdiction the equal protection of the laws applies to these corporations. We are all of the opinion that it does." In its published opinion, however, the court ducked the personhood issue, deciding the case on other grounds.

The reality of this case outcome moved legal opinions in the direction of creating non-existent rights to a purely invented entity. The false notion of Corporate Personhood is challenged by Reclaim Democracy. "We believe that corporations are not persons and possess only the privileges we willfully grant them. Granting corporations the status of legal "persons" effectively rewrites the Constitution to serve corporate interests as though they were human interests. Ultimately, the doctrine of granting constitutional rights to corporations gives a thing illegitimate privilege and power that undermines our freedom and authority as citizens. While corporations are setting the agenda on issues in our Congress and courts, We the People are not; for we can never speak as loudly with our own voices as corporations can with the unlimited amplification of money." A review of our hidden history provides important perspective on this subject.

The Democracy School, is a project by Community Environmental Legal Defense Fund (CELDF). In their Model Legal Brief to Eliminate Corporate Rights, is a useful legal argument "to challenge the United States government's gift of constitutional powers to property organized as corporations." Of course the problem with any legal action in court is that the U.S. legal system is based upon a false law premise. Justice and truth has little to do with the way courts rule.

The corporate structure is designed for economic supremacy. Profits are only a byproduct or an accounting tally to pacify shareholders. Making money can be avoided indefinitely as long as the corporation serves the interests of Plutocrats. When rolling over excessive debt becomes unsustainable, restructuring or mergers become preferred options. If a bankruptcy occurs, specific advantages for any of the scores of stage-managed industries, the corporation will fold into another enterprise, while maintaining the bulk of the market share.

Big Business = Absence of Free Enterprise argues that the undeniable record of Big Business is one of domination over the economy for the enrichment of elites. "Monopolies by their nature are anti competitive. The model for success is to slash and burn to become an industry leader, and marginalize any remaining firms that remain in the same field. We are told that improved efficiency will bring better service at lower prices. Economies of scale promises inventive advancements - progress is our most important product . . . Has that pledge been fulfilled?"

The greatest advantage of favored corporations is access to virtually unlimited capital. This real world fact results and demonstrates the foregone conclusion that the means to acquire financial resources is the primary factor of who monopolizes particular business sectors. The power of banksters is unrivaled in the unnatural survival of the most unfit.

"Buying business" with the muscle of fiscal resources, guarantees that over time that very few behemoths come to control the economy. The dream of the nineteenth and early twentieth centuries Robber Barons of unlimited economic ascendancy is now a fact.

A film about Joel Bakan’s book, The Corporation: The Pathological Pursuit of Profit and Power opens with a portentous and chilling voice-over: "One hundred fifty years ago the business corporation was a relatively insignificant institution. Today, it is all-pervasive. Like the church, the monarchy, and the communist party in others times and places, the corporation is today’s dominant institution....What has allowed today’s corporation to achieve such extraordinary power and influence over our lives?"

Corporate tax lawyers, for the benefit of selected corporations, write most tax laws for the legislators. CNN reports, "The Government Accountability Office (GAO) examined samples of corporate tax returns filed between 1998 and 2005. In that time period, an annual average of 1.3 million U.S. companies and 39,000 foreign companies doing business in the United States paid no income taxes - despite having a combined $2.5 trillion in revenue."

Society is nothing more than a playpen for multinational conglomerates controlled by the true owners of central banks. Private capital is virtually a myth, since boom balloons and business busts, have little to do with real market cycles. Often, fortunes are made or confiscated through financial manipulation, punitive targeted tax policy and the time tested method of fraud.

All too many "so called" legal professionals lust for corporate clients and eagerly use the cover of law to steal from the public. Since the fad of LLC’s are in vogue, the concept of individual responsibility is practically obliterated from the corporate lexicon.

Corporate by-laws relegate the idea of business ethics to a footnote disclaimer. Judicial decisions elevate, imaginary corporate rights, superior to that of live human beings. Totalitarian regimes rely upon a crude appearance of lawful authority to underpin and rationalize their tyrannical administration. "Vampire Squid" characterizations for banksters dwarfs in comparison to the collective depth of a false legal system that aid and abet in the reprehensible institutionalism of corporate theft.

The craze to legislate, regulate and codify every facet of human conduct, while exempting corporations from public sanctions for the most egregious conduct, is only possible because the law officiates as a silent partner in the boardroom of a criminal syndicate. Admiralty Law functions as the corporate arbitrator for rigged exchanges, destructive trade treaties and capitalist dictators. Citizens are sacrificial lambs on the altar of "TC" conformity and compliance. As practiced in America, the corporation reigns supreme and the law protects State Capitalism at the expense of ordinary people.

SARTRE – May 9, 2010

http://www.batr.org/totalitariancollectivism/corporationsandlaw.html