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Re: Another Assault on the Common Carrier Status of Railroads
Author: OldPoleBurner
Date: 10-25-2014 - 15:39
> So the common carrier question is really moot.
Therefore, so also the question of the public interest - becomes MOOT !
And that is totally unacceptable in a civilized Constitutional Republic. So even though it might seem like I am belaboring an esoteric point, let's think this through.
When a corporate identity, or a whole industry, because of their own internal piggish myopia, is no longer useful or relevant to 95% - 100% of the public, why then would you expect the public (read that as government) have any reason to continue providing for their existence?
Too many on both sides of the political spectrum have forgotten the self evident reality that Corporate existence and identity is totally artificial and man-made fiction; and therefore, in reality, corporate existence is solely an absolute function of government. And this is so in every single country on earth.
Moreover, the identity and existence of any foreign corporation between nations is recognized only by way of treaty provisions between governments. Where no such treaty exists, then those corporations do not exist outside of the boundaries of the country that chartered them.
Chief Justice Roberts' recent idiocy not withstanding; in a very practical way, the so-called rights of corporations must of necessity also be completely and totally artificial; made up illusions that can effectively exist only so long as we all agree to honor that fiction, as though it were reality. So: without government say-so and power of compulsion, who would honor the rights of any purported organization, or even recognize that it exists; other than a damn fool!
Therefore, for all practical purposes, just as with human beings, corporation rights are also endowed by their creator, which of necessity can only be the government. They are mere children therefore, of government. And whoever has sovereign power over that government also has sovereign power over corporations created by that government. How could it be otherwise!
And in a democracy or constitutional Republic, that sovereignty resides solely with the people, the electorate. Hence, the people should (and are) demanding redress in Congress. They are entitled to it; some of our government's children need a spanking.
Of course, that is currently unlikely, as no political party extant will actually do its duty in matters corporate. But that is no reason these rail customers should ever give up the fight. It has happened before, such things start out small, but turn into a great ground swell.
Teddy Roosevelt got elected that way; And managed to get laws enacted to prevent many of these abuses. So did his cousin, in his time. While in some respects, even though such economic regulation was good in its time; it was too rigid for the changing times of the fifties and sixties. But the de-regulation of the seventies went way too far the other direction for many industries (banking deregulation and the great recession comes to mind). It is time to recognize that and fix it - across the board.
Any ideas out there about how to do that?
Therefore, so also the question of the public interest - becomes MOOT !
And that is totally unacceptable in a civilized Constitutional Republic. So even though it might seem like I am belaboring an esoteric point, let's think this through.
When a corporate identity, or a whole industry, because of their own internal piggish myopia, is no longer useful or relevant to 95% - 100% of the public, why then would you expect the public (read that as government) have any reason to continue providing for their existence?
Too many on both sides of the political spectrum have forgotten the self evident reality that Corporate existence and identity is totally artificial and man-made fiction; and therefore, in reality, corporate existence is solely an absolute function of government. And this is so in every single country on earth.
Moreover, the identity and existence of any foreign corporation between nations is recognized only by way of treaty provisions between governments. Where no such treaty exists, then those corporations do not exist outside of the boundaries of the country that chartered them.
Chief Justice Roberts' recent idiocy not withstanding; in a very practical way, the so-called rights of corporations must of necessity also be completely and totally artificial; made up illusions that can effectively exist only so long as we all agree to honor that fiction, as though it were reality. So: without government say-so and power of compulsion, who would honor the rights of any purported organization, or even recognize that it exists; other than a damn fool!
Therefore, for all practical purposes, just as with human beings, corporation rights are also endowed by their creator, which of necessity can only be the government. They are mere children therefore, of government. And whoever has sovereign power over that government also has sovereign power over corporations created by that government. How could it be otherwise!
And in a democracy or constitutional Republic, that sovereignty resides solely with the people, the electorate. Hence, the people should (and are) demanding redress in Congress. They are entitled to it; some of our government's children need a spanking.
Of course, that is currently unlikely, as no political party extant will actually do its duty in matters corporate. But that is no reason these rail customers should ever give up the fight. It has happened before, such things start out small, but turn into a great ground swell.
Teddy Roosevelt got elected that way; And managed to get laws enacted to prevent many of these abuses. So did his cousin, in his time. While in some respects, even though such economic regulation was good in its time; it was too rigid for the changing times of the fifties and sixties. But the de-regulation of the seventies went way too far the other direction for many industries (banking deregulation and the great recession comes to mind). It is time to recognize that and fix it - across the board.
Any ideas out there about how to do that?
