The Ati-thesis , Marxism

"By that definition, a state capitalist country is one where the government controls the economy and essentially acts like a single huge corporation, extracting the surplus value from the workforce in order to invest it in further production.[3] Friedrich Engels, in Socialism: Utopian and Scientific, argues that state capitalism would be the final stage of capitalism consisting of ownership and management of large-scale production and communication by the bourgeois state.[4]"

Quoted from Wikepedia

Thursday, July 7, 2016

Confucius Institute Merges with Maine State Inc and English becomes a Second Language

The film Conspiracy is described like this: 
This is the story of the top-secret Nazi meeting to debate the merits of Hitler's 'Final Solution,' the extermination of the entire Jewish population of Europe. Kenneth Branagh and Stanley Tucci star in this gripping drama. 
The film is based on document of record about a meeting that took place among the power elite of Nazi Germany (excluding Hitler) . The meeting took place in a very wealthy home which once belonged to a Jew.
Although the meeting is billed as a "debate" about policy, it is actually an announcement about policy that is already being implemented on a mass scale. The film is a dramatization of what a corporate state looks like in action and taken to its worse degree. The board sits around the table and every one has their folders and they discuss the merits of "the program" in a very businesslike manner.  
As the drama evolves it becomes clear that it is not just the human population that is being "cleansed" but also the language. Eventually the chief corporate executive officer played by Kenneth Branagh says that the most effective way to sterilize the Jews is by the method of death. There is silence around the room and many of the characters are struck with sickened looks until the silence is jovially broken by a joke from one of the others.  
The choice of language used to describe what is undergoing is important to the incremental acceptance by those who struggle with a conscience. In the beginning of the film there is much hedging about the language but in the end there is no longer any hinting excepting hints about what might happen to those who do not go along with the program. Even those who are clearly disturbed by the program agree to go along with it. 
As I seek a way to find a public for my research work on the transformation of the state of Maine from government by its Constitution to government by corporate boards and bylaws I am encountering a publishing industry which is said to be implementing a system of language regulation billed as "marketable language" and measured by a seventh grade reading level. Journalists are reporting that their clients require their manuscript be put through a program which identifies words deemed to be outside of a seventh grade reading level and replaces them with acceptable words.  
In Maine the legislature granted itself jurisdiction over the entire public educational system . Who ever controls the educational system controls language deemed acceptable at a seventh grade level. The Constitution of Maine is not taught anywhere within the Maine public educational system where in a minor on Marxist and Socialist Studies is entrenched at the University of Southern Maine since 2004. There are no courses on fascism at the University of Maine, why would there be? Fascism is an unacceptable word and so few are educated about what it is. It is identified with the end product of its incremental evolution allowing the structure of fascism to remain unexamined and to be implemented across the globe under a kinder and gentler language,
In 2015, the University of Maine sold a chunk of itself to the Confucius Institute . The Confucius Institute is billed as a language school but it partners with the Dongbei University of Finance and Economics which has a listing of departments sounding like a university of global capitalism. 
The University Of Southern Maine- Confucius Institute Website identifies the goals of the new union between the two institutions: 
The primary goals of the USM CI are: to meet the demand for and to ensure the quality of Chinese learning and teaching in Maine by training teachers in Chinese language and culture and by reaching out to elementary and secondary schools in the Greater Portland region; to raise the quality and scope of Chinese cultural activities, festivals, and events in Maine; to become the major provider for executive training for the business, nonprofit, and public sector communities seeking to build greater awareness and cultural competency in Chinese language, culture, and trade opportunities; to facilitate activities relative to Chinese language and culture among the seven universities in the University of Maine System; and to facilitate and advance collaborative research between Chinese and Maine universities.
The speakers for the University of Maine maintain that the Chinese will have no say over curricula at the University of Maine. It must be a co-incidence that in a 2015, the same year the University made a deal with the Confucius Institute, a Maine statute called " Industry Partnerships ", describes English as a second language :
H. Help companies identify and collaborate to address common organizational and human resource challenges, including, but not limited to….. hiring foreign-trained professionals [ 2013,c. 368,Pt. FFFFF,§1(NEW).] 
5.Agency cooperation. 
D. The Department of Education shall: 
(2) Support innovative programs to address literacy,   including English as a second language  , numeracy shortcomings and soft skills training, especially in those occupations critical to targeted industry clusters;  ( emphasis mine   )
The directive to include English as a second language is repeated under:  
G. The Maine Community College System 
H. The University of Maine System g
A system arguably modeled on Mussolini's Doctrine of Fascism is being aggressively implement in Maine and marketed as "public private relationships" Will the seventh grade measure of acceptable language implemented under the guise of marketability require that all instances of "fascism" be replaced with "public private relationships" which in itself is a more marketable way of saying government by and for special interests ?  
Can the seventh grade measure used as a limiter of published vocabulary be used for something far more diabolical than "marketing" ? Does the term "fascism" pass the low bar test? Will politicization of language be integrated into the measure of marketable language ? By definition "public private" means the merging of business interests and the state. On that basis it is entirely probable that the seventh grade low bar will be used to control public vocabulary for political purposes.  
The movie, Conspiracy portrays a historically documented conspiracy. As the meeting commences sterilization of the Jewish people has become socially acceptable but "sterilization" is code for "extermination' as is revealed towards the end of the film when the CEO of the meeting declares that the most effective method of sterilization is death. 
I changed my cover for Beacon, agreeing that it is not the best way to market my book. My cover no longer displays the visual symbol of fascism and uses the word, fascism, instead. I am told people do nor respond as much to the word as they do to the image. Now I am being told by a different set of authoritarians to dump this cover as well. It is not marketable. The title of my book is also not marketable. Marketable to whom? The title says what my book is about. The cover is a diagram of what the book is about. The word "fascism is barely visible in the darkness and is only noticeable when one looks closely. There is a division sign on top of the ever expanding grids upon which is the phrase "medium income"- a term which is gradually replacing "middle class' in language of popular use. Hidden even more deeply inside the ever expanding grids are the words "Agenda Twenty One", a term sounding like it was invented to be as marketable as was "the final solution". We know all too well what "the final solution" meant, but the public did not know then. The characters in the movie ask probing questions seeking straight answers about what intent lies behind the terms used to speak about "the program" of genocide, The environment is so civilized and the language is so copacetic. 
Down load the original manuscript with full color uncensored images for just five dollars  !  

Saturday, June 25, 2016

Walking Through The Looking Glass

When I started doing the research for my book, Public Private Relationships and the New Owners of the Means of Production, one of my first resources was the Maine Constitution by Marshall J Tinkle, recommended by the Maine Legislative Library. The first chapter of Mr Tinkle’s book tells of  a commonly held belief that no one reads the Maine Constitution, a statement which is evidently true even among the Maine Legislature. I once said to someone running for legislative office that the Maine Constitution prohibits the Legislature from chartering corporations by special acts of legislation. He asked me where that is said in the Maine Constitution. It is said in the section on Legislative Powers, a section which it is reasonable to expect one running for the Maine Legislature to know.

That commonly held belief is not entirely true. I have read the Maine Constitution and there are others in Maine who have also done so. Bangor Daily News journalist Mike Tipping ran a successful crowd sourcing project for his book by casting a small group of elderly Maine gentlemen who had formed an organization to further awareness of the Maine Constitution as domestic terrorists. Subsequently the Bangor Daily News published a more balanced story about the group but it is reasonable to hypothesis that second story would never have been published if it were not for the first.

If it is true that (almost) no one reads the Maine Constitution, it is just as true that no one reads the Maine statutes, sufficing with information about current bills reported by the Maine media.

If one is to read the Maine statutes, as I have done, independently and with no greater status than that of a Maine citizen, it is shocking what one finds going on behind totally transparent doors protected from public knowledge by what appears to be a curtain of a dark and occult force. How absurd, the reader might say but what else would explain it? It is as if there exists a building with a large glass display window on a public street but every single person walking by turns their head away from it and no one ever looks at what is behind the clear glass window. The people behind the glass window are as accustomed to the crowds that walk by their window always turning their heads away as they are to the sun rising in the east and setting in the west.

Then one day, one person walks by and looks in the window. That person says to the others passing by ”Look ! Turn your head! Look at what is going on behind that clear glass window !” but the passersby hear nothing and keep their heads turned away. No one will listen to a lone person breaking the rules of convention by turning her eyes toward the glass window and peering at what is inside. Who is that person to break the rules of convention? Who gave that person permission?

 And so that person writes a book describing what is going on behind the glass window and offers it free of charge to anyone to download and read but there are no takers. Who is this one lone individual who has broken the law of human nature by turning her head in the direction of the window to think she can alter an entrenched cultural tradition long since instituted.? Does she fancy herself a butterfly flapping its wings and altering the ever predictable order of things?

"Who are you ?" lone individual asks the crowd with their heads all turned in uniformity away from the clear glass window. That is who I am, says the individual. I am an individual wondering what happened to a state which was once known for its rugged individualism and a nation that stands alone against a sea of collectivist political philosophies seeking to engulf all of humanity into its ever expanding grid.

Break out of the grid of uniformity!, answers back the lone individual. Take a chance and download my book telling what I saw when I walked through the looking glass to see what is going on on the other side. Download Public Private Relationships and the New Owners of the Means of Production FOR FREE before I start charging 99 cents or even more!

Wednesday, June 15, 2016

Free Download for Limited Time; Public Private relationships and the New Owners of the Means of Production


My book Public Private Relationships and the New Owners of the Means of Production is now available for a free download. WHY? Because I need YOU to read it! And because I need people who have read my book to pledge to support my crowd sourcing project for the publication of this book.

I now have a great publisher to work with after dumping IUniverse

I am collecting pledges for day one or whenever is best for you. A Crowdfunder that starts on day one with a lot of support has a better chance of succeeding. If you think this book has an important place in our contemporary dialogue, please help in what ever way you can to help this book make it intothe marketplace. I need to raise $10000.00. I will start a crowd sourcing project when I have enough pledges to give it a good start.

About Public Private Relationships and the New Owners of the Means of Production:

n 1979 The Maine legislature deemed central management of the state economy to be an essential government function, declaring that such a function can be achieved through public private relationships. Governor Longley invited the heads of Maine’s most powerful industries to lead the legislature in chartering a corporate state by special act of legislation. 
Article IV Part Third Sections 13 & 14 of the Maine Constitution forbids the Legislature from chartering corporations by special act of legislation, excepting corporations for municipal purposes and in a case where in the object of the corporation cannot be achieved by any other means. Soon after establishing the corporate state, the Maine Legislature passed a statute declaring that state corporations are not corporations but continued none the less to charter corporations serving as instrumentalists of the state.
From 1979,forward inflation shot up nationally like a steep and imposing wall dividing the wealthy from the lower classes as the rich got richer and the poor got poorer- a fact which is documented with statistics and quotes from erudite sources.
Under the leadership of Maine’s wealthiest industries Maine became a state in which taxpayers subsidize the upper end of the economy and public money is used to capitalize privately owned industry.
The founding fathers of Maine’s corporate state listed two fundamental goals in their report to Governor Longley.
It was written in the report that public bond referendums must be eliminated. In 1979 public bond referendums were newly constitutional but only at the municipal level. Courts had previously ruled that the use of general obligation bonds resulting in a particular industry receiving tax revenue in the form of aid, constitutes an unequal tax rate and a derogation of section Article IX Section 8 of the Maine Constitution which says that all taxes must be apportioned equally. The founding fathers of Maine state corporatism wrote that since there exist people in Maine who cannot survive without state assistance it is “appropriate” for capitalists to appropriate public funding for their purposes. The founding fathers recommended that a private investment corporation be chartered by special act of legislation authorized to use tax credits to sell its stock.
The system created was a refundable tax credit, which came into use nationally in the late 70’s. Refundable tax credits are used prolifically today in Maine’s economic development policies, which are usually referred to in the media simply as “tax credits” . Refundable tax credits and tax exemptions are written as separate acts of legislation but a comprehensive examination of the systemic policies embedded in the Maine statutes makes a documented case that tax credits and tax exemptions are designed to work together as a single system which reverses the role of taxation within the public private relationship from one in which the private corporation owes public taxes to one in which the public is taxed by the private corporation.
The system that the heads of industry created is accurately described in Mussolini’s Doctrine of Fascism and the method used to entrench that system is the same as was used in Italy- simply over writing the Maine Constitution with statutory law.
The say as Maine goes, so goes the nation. Public private relationships have become embedded in the USA and around the world, sometimes going by the name of Agenda 21. Public Private Relationships and the New Owners of the Means of Production takes an in-depth look at how the corporate state has become aggressively and progressively entrenched in the State of Maine replacing governance by constitutional law with governance by corporate boards and bylaws.

Please help me to get this story out to the public before the next election via self publishing channels.

Tuesday, June 7, 2016

David French will not be running but the ideas here in still hold :
I am a conservative. Trump is not a conservative. Trump is a progressive! I could give you a long list of why I say Trump is a progressive but that is a diversion from the subject of this post- which is about keeping the United States as the United States of our Constitution by electing a conservative who will appoint conservative judges to the Supreme Court . I point to one simple issue which defines Trump as a progressive: Donald Trump's support for the 2004 United States Supreme Court Decision, Kelo vs New London.
I have written about that in another post . This post is to argue that if one wants a conservative Supreme Court, one votes for a conservative- its that simple. The Supreme Court is second in importance only to getting the right Commander in Chief because the Supreme Court is the future of America. It is the future we leave to the generations that follow us. The Commander in Chief is most important because if we get that wrong, the future of this country is looking very short.
As a conservative I feel that various factions of the political world are either discounting us or taking us for granted. I was a believer in Paul Ryan until yesterday. Today I must ask what does Paul Ryan think he is doing in endorsing Trump- a progressive to "unite the party" ? Mr Ryan appears to be taking the conservative base of the Republican party for granted. Once the Republican party nominates Trump, there is nothing left in it for conservatives. 
I v'e had enough of the ever popular illogical math floating around cyber space these days ! Two progressives - Trump and Hillary- plus one potential conservative, David French, does not equal two progressives! Further more if the Republican party nominates Donald Trump, it is no longer my party so don't talk to me about party loyalty. Loyalty is a two way street.
The latest justification that the Republican Party leaders and the antiestablishment establishment are giving conservatives for voting for Trump is to stop Hillary from being able to nominate Supreme Court Justices. Hillary will nominate liberal judges we are warned ! Conversely Trump has already stated that the most fascist Supreme Court decision ever made is 100% correct. Is Mussolini better than Stalin? 
So yesterday I posted the meme you see here suggesting that according to my old fashioned math skills in which two plus one equals three choices and using my old fashioned logic skills that if one wants a conservative court, one should elect a conservative president.
Low and behold, the response from the combined progressive factions was to re-post ubiquitous mind control widget #1. A vote for anyone but Trump is a vote for Hillary! Hillary? Trump? what difference does it make? Both are equally fascistic and between them, no conservative is to be seen!
News flash!
Running for president does not make one immune to being indicted for treason. Then what happens to the only reason that conservatives are given for voting for Trump? It's out the door ! Time for progressives to look for plan B.
Trump is already under indictment. David French or whoever will be the Renegade party nominee may be off to a late start in the game but his opponents may be losing a lot of campaign time dealing with the law- and not in the role of constitutional lawyer!
Go for it! Its time for the new #frenchrevolution - at least until the Republican delegates come to our rescue and do they right thing by America and the once conservative party. and the free world. But time is short- and until that happens, we must be working on plan B. 

Saturday, May 28, 2016

Rubio's Exceptional Effort to Balance Individual Integrity and Public Service

Recently Jake Tapper interviewed Marco Rubio. Prior to the interview there was a petition floating in social media asking Jake Tapper to ask Rubio if he would accept the nomination if it is offered.
Jake Tapper didn't ask that question- media bias has its rules- which does not include representing the 60% of Americans opposed to both of the establishment's presumed candidates. Rubio was asked only how supportive he will be of the presumed nominee. of the Republican party.
Rubio answers questions he is asked. The media frequently distorts his answers by imputing meaning that isn't there. If the media were to be fair and balanced to all factions of its audience, including the 60% of Americans who want a third option, it would also ask Rubio if he would accept the nominee in addition to asking if Rubio will support the presumed nominee pursuant to the pledge that Rubio took as a candidate in the Republican primary. Technically Rubio never pledged to support the presumed nominee. Rubio pledged to support the actual nominee and that is still to be determined. The delegates hold the fate of conservatism, the USA, and the free world in their hands.
Nothing changes about the "presumed " status until the delegates make their decision at the convention but the media largely reports the presumed nominee is already the chosen nominee as if the delegate process were merely a theatrical device.
It remains true that the delegates can vote for rules that allow all delegates to vote their individual conscience. In America we have a finely tuned balance between the individual conscience of the public servant and that individual's role in representing the will of the people. The public elects individuals to represent their interests. In a political system based on the natural rights and freedoms of the individual, every representative is first and foremost an individual entrusted to honor their own conscience and to select their priorities according to their unique knowledge and understanding of the parameters of a political context designed as a check and balance against totalitarian power. The public servant does not decide the configuration of power which is the context within which he must seek to represent the causes and promises upon which he campaigned. The electorate determines the configuration of power.
Individual conscience is primary because America is not a collectivist political philosophy. The United States Constitution is based in the freedom and rights of the individual. The role of a public servant is to serve the interests the people and the party channeled through the individual's own conscience. The American political philosophy is distinct from all other political philosophies in that it is based in individualism and protects individual rights and freedoms and so the public servant is as much responsible to be true to his own individual conscience as he is to serving the public or a party. 
Rubio Republicans are such because Rubio is perceived to be the most articulate voice for American exceptionalism in today's political landscape. Rubio's integrity is another primary reason why Rubio Republicans are Rubio Republicans. Rubio is putting forth his best effort to balance his individual conscience and his pledge to support Republican Party nominee. Rubio answered in a previous interview with Jake Tapper that those who did not take the pledge are in a different position than himself and still avoids framing his support as going directly to the presumed nominee but instead to supporting the party always placing the emphasis on stopping Hillary's bid for power while continuing to stand behind everything he formerly said about the presumed nominee. 
Rubio's diligence in trying to find that balance between serving others while remaining true to his individual conscience is a mark of a character widely divergent from that of the presumed nominee, who recently turned against his presumed party to take down Republican Governor Martinez after she refused to endorse the presumed nominee. The presumed nominee is not affected by hints from Republican Party leaders that he needs to show an ability to unite the Republican Party, but rather by the tenderness of his ego. The presumed nominee attacked Governor Martinez's professional performance by selectively picking out issues to criticize based on his own lack of experience in working in a system of checks and balances of power. He lifted his selections out of context and treated them something that can be judged in isolation from historical and political context- all to get Governor Martinez for failing to endorse the presumed candidate. At least the presumed candidate didn't attack a female public servant on the basis of her looks as is the typical line of attack reserved for the feminine gender by the presumed candidate. 
Let us not forget that the presumed candidate is not yet the actual candidate and that the delegates can decide on rules to allow voting by individual conscience. That is the reason why the delegate system exists. The delegate system is not merely a dramatic prop, it exists for precisely the circumstance that the Republican Party finds itself in today. The progressive establishment, which advances collectivism, is poised to take over both major parties, via a Trump nomination. It is said that Trump brought many "new Republicans" into the party but Trump himself has defined the new Republican Party as "not the conservative party" and so Trump brings new "Republicans" into the Republican party at the cost of driving out its conservative base. Early on Trump's delegate wins were centered in states with open primaries, while states with closed primaries favored other candidates. In the event of a Trump nomination "Republican" is the new "Democrat" and "R" stands for "Renegade" , the new conservative party started by Bill Kristol and friends
Now is the hour when individual conscience should once again be granted the authority and power it was originally intended to have within the Republican Party. This too would be serving the interests of the Party which will surely lose its conservative base should a progressive, who has already deemed that the Republican party is not the conservative party, be given the nominee. In such a case the Republican party betrays its base for a new set of "Republicans" who may or may not remain loyal to the Party In Name Only.

Friday, April 29, 2016

Categorically A Progressive Cannot Earn the Conservative Nomination !

Being a Republican and a conservative is a moral qualification for earning the Republican nomination.

Ever since Trump entertainment Industries entered the Republican primaries, the media has been talking about the Trump candidacy as a done deal as if conducting psychological warfare by intentional design. In fact the delegates have not voted yet and in truth qualifications for earning the conservative party nomination should have a required measure of conservatism. Recently Mr Trump said that America should just have a "great president" and it doesn't matter whether the president is Democrat or Republican, which begs the question, if that is the way Mr Trump feels , why isn't he running as an Independent? To Republicans and conservatives it does make a difference and so one must ask how can one earn the Republican nomination when one is, by self admittance neither a conservative nor a Republican? Shouldn't "earning the Republican nomination" have something to do with actually being a Republican? 

 The Republican party is a private organization which has long been the party of conservatism in the USA. Just as a public company has an obligation to its stockholders to make a profit , a private organization has an obligation to its private supporters to uphold the values and the philosophy for which that support is granted. When Trump entered the race he snapped up the antiestablishmentarain base so effectively that it couldn't have been done better if it were planned in advance. In just about a nano second the mainstay of the antiestablishmentarian media dropped Ted Cruz as their favorite son and all together embraced Trump. 

 Anyone in the marketing industry can identify a ready made political base like the antiestablishmentarians. Any one who has ever engaged in a conversation with half a dozen antiestablismentarians knows exactly how an argument with any antiestablishmentarian on any particular subject will unfold . The talking points are predictably consistent across the entire populous of antiestablishmentarians. Any one knowing the talking points can design a political platform tailor made to the specs of antiestablishmentarianism but let it be said that a fundamental characteristic of this political base is that there was within it massive support for Libertarian candidate Ron Paul in the 2012 election. 

 Ron Paul is a self identified Libertarian so what was Ron Paul doing running in the Republican party primary and why did the leaders of the Republican party allow Mr Paul to do so? Republicans and Libertarians are much closer on many issues than Republicans and Democrats but they part ways on national defense. The most important role of the President of the United States is Commander in Chief and so the policy difference between Libertarians and Republicans is no small matter. In the 2012 Republican primaries, Ron Paul delivered a speech in which he dismissed the Iran threat as a foolish and made up fantasy. Mr Paul announced that there is no Iran threat to the United Sates and western civilization. When Mr Paul was not allowed to deliver a speech during the Republican convention in which Mitt Romney was nominated, the antiestablishmentarians were outraged , so much so, that from that day forward they conducted a massive campaign against Mitt Romney. They came up with the meme that Romney is exactly the same as Obama. The only rational to which I can attribute such an idea is RomneyCare, which is a state health care program. Romney campaigned on the promise that he would repeal ObamaCare . This was insignificant to the antiestablishmentarians,. What mattered was that Romney supported a state health care program when he was Governor of a blue state. 

 The antiestablishmentarians campaigned aggressively against Romney and once Obama was re-elected the antiestablishmentarians blamed everything that Obama did or that couldn't be done under an Obama administration on the Republicans. For four years meme after meme after meme streamed across our social media walls deeming with little evidence that the entire establishment is corrupt- especially the Republicans, the targeted party for what was at core a progressive movement's design to take over from that party from within.

The antiestablishmentarians didn't call them selves the antiestablishmentarians of course. they called them selves the "true conservatives'. Donald Trump is now the current favorite of the antiestablishmentarians. Trump advocates for federalized universal health care , which is no longer a major concern among that faction which not too long ago identified themselves as the true conservatives and deemed the entire Republican establishment to be RINOS, never considering that it should be the Republican party which defines a Republican and not the antiestablishmentarian party. 

 It is the job of the delegates to nominate a candidate who represents Republican values and who is electable. Those are the rules. The Republican party is a private organization and they can make their own rules in the USA. When the nomination process moves to convention it moves from a process dominated by the antiestablishment party to a process dominated by the Republican party- the real Republican party- the gatekeepers of conservatism. Although most delegates are bound to the people's choice in the first round . I have heard that they are not bound to vote.- that they can abstain. from voting. 

 And so whether or not the progressive candidate Mr Trump gets his number of delegates it should be an interesting shift in power when we get to the convention. The delegates have a serious responsibility to uphold the conservative political philosophy, which is a small government philosophy. When Mr Trump came out in support of federalized universal health care, he said in his own words that he knows it is not a Republican policy. Not only is it not a Republican policy but repealing federalized universal health care was one of the biggest issues of the 2012 elections. What happened?

 Republicans and conservatives ! It's time to take back our party! When it is said that Mr Trump has brought millions of new Republicans into the party, those are not real Republicans, they are Republicans in name brought in just to vote for Mr Trump who often talks about "his people". Mr Trump brought his people into the Republican primaries. The end game of the Trump candidacy is to wipe conservatism off the ticket all together. The delegates do not have a duty to help Mr Trump to achieve his end game and it doesn't matter that the rinobots supporting Trump will be angry. They will be angry at Republicans for anything Republicans do except executing a suicide mission to the drum beat of the antiestablishmentarian rhetoric. It doesn't matter! What matters is keeping conservatism alive and very very well! We can do this!

Tuesday, April 12, 2016

How Progressivism Got Its Foothold In Maine In 1951

This is an preview chapter of my book Public Private relationships and The New Owners of The Means of Production

Separation of Corporation and State

 In the 1920’s fascism became the governing system in Italy, not by constitutional amendments but by an ordinary process of legislation. There has been a similar process undergoing in Maine since the late seventies. The first stirrings of these changes date back even earlier. In this chapter we see how a 1951 Opinion of the Justices guts the core out of Article IV Part Third Sections 13 and 14 of the Maine Constitution but first, we shall go back to 1876 when Article IV Part Third Sections 13 and 14 were included in Maine’s Constitution.

Governor Seldon Conner had just taken office. His inaugural address passionately railed against special interests and abuses of governmental powers which Article Iv Part Third Sections 13 and 14 of the Maine Constitution were intended to cure,

Article IV.
Part Third.
Legislative Power.

Section 13. Special legislation. The Legislature shall, from time to time, provide, as far as practicable, by general laws, for all matters usually appertaining to special or private legislation.

Section 14. Corporations, formed under general laws. Corporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State.

In 1951 an Opinion of the Justices used Governor Seldon Connor’Inaugural Address to determine the intent of the Article IV Part Third Sections 13 and 14 of the Maine Constitution. The Justices cherry picked the Governor’s speech in support of an interpretation which reads like a foregone conclusion ignoring many points made by Governor Connor. The key difference between what is in the Governor’s speech and what is found in the text of the Constitution is a reference to existing laws, the point upon which the conclusion drawn by the Judges depends and without which a substantively differenmeaning prevails.

Governor Seldon Connor's Speech
Section thirteen presents a discretionary field of action which your own honor will impel you to occupy to the fullest extent.'The title of 'Special and Private Laws,' which includes so large a portion of the laws of former Legislatures, is an obnoxious one, conveying suggestions of privilege, favoritism and monopoly; though happily these evils have not in fact, stained the character of our legislation, they should not be suffered to have, even in the form of our laws, any grounds of suspicion that can be removed. Other weighty objections to special laws for private benefit are, that they are obtained at the public expense, and in their passage distract the attention of legislators from matters of public interest. The opportunity is now afforded, and the duty enjoined upon you, by the amendment, to restrict the necessity for such laws to the narrowest possible limits. An analysis and classification of the private and special laws upon the statute books, will inform you of the objects or which it is desirable to provide by general laws, if practicable. 'Many objects have been hitherto specially legislated upon although they were amply provided for by general laws. I have distinguished authority for the statement that sixty or more of the corporations created by a special act for each, by the last Legislature, could have been created and organized under general laws. The reason why the general laws have not been resorted to to a greater extent, is not, so far as I am informed, to be found in any insufficiency or defect of those laws, but in the greater ease and simplicity of the method of application to the Legislature and in the fancied higher sanction of an authority proceeding directly from it. Section fourteen, relating to corporations is compressive and peremptory.. It relates to all corporations, except only those for municipal purposes. It clearly prohibits their creation by special acts if the objects desired can be secured under existing general laws.' From Governor Seldon Conner's Inaugural Address 1876 – I 1 (emphasis mine)

The 1951 Opinion of the Justices addressed the Legislature's constitutional authority to incorporate the Gardiner Finance Co pursuant to Article IV Part Third Section 14 . 2 3

Governor Connor’s speech iinformative to reasons why Article IV Part Third Sections 13 and 14 were added to the Maine Constitution, but is not the primary source of constitutional interpretation. The use of governor’s speech as the primary measure of constitutional interpretation is equivalent to transferring the authority of interpreting the law to the administrative branch of government .
The reference to exiting laws is found only in the Governor’s speech and not in the text of the Constitution which uses the verb “shall’ to indicate the future tense.
The Opinion of the Justices declare Governor Connors speech to mean that Sections 13 & 14 authorizes the Legislature to determine the field or fields in which corporations should be formed under general laws, The justices should be using the words of the Constitution to substantiate their opinions but there is no one to object when there is no one representing the people vs the Maine Legislature and so Governor Connor’s speech is used because it works for what is wanted to be done by the Legislature and the Justices, which is to t make it optional whether the Legislature chooses to create a general law to serve a specific field.
The Opinion of the Justices uses the word “authorize” when it is more accurate to say “requires” or “instructs”. The use of the word “authorizes” changes the intent of the amendment from limiting the powers of the Legislature to expanding upon legislative powers to include authority to interpret the law as the Legislature sees fit, and this in the case concerning constitutional law governing the parameters of legislative powers.
There was only one party presenting their point of view before the Justices, the same party- the Legislature, which Article IV Part Third, Legislative Powers, Sections 13 & 14, limits the powers there of.
Opinion of the Justices, 68 Me. 5824
It cannot be doubted that the framers of Art. IV, Part Third, Sec. 14 intended that it should be construed as Governor Connor construed it, as authorizing the Legislature to determine the field or fields in which corporations should be 'formed under general laws,'

Article IV Part Third Section 13. Special legislation. states that “Corporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State. While the 1951 Opinion of the Justices later concludes that there is no other way to interpret the meaning of Article IV Part Third Sections 13 & 14 than what they stated in their opinion, it is viable to interpret the intended meaning of Section 14 as if there is no general law covering the object of the corporation, the Legislature shall pass a general law applicable to any corporation having such an object. The constitutional role of the Legislature is to create general laws to cover specific fieldsSection 14 is specifically written to prohibit the Legislature from chartering corporations except within “the narrowest possible limits” to quote Governor Connor.
The Governor’s speech lays emphasis on the fact that there already existed general laws under which 60 or more corporations which had then been chartered by special acts of legislation could have been formedAn examination of the Article IV Part Third Sections 13 clarifies that the Legislature shall from time to time provide general laws for all matters usually appertaining to special or private legislation. The Constitution does not limit the use of general laws to existing laws. ”Shall from time to time provide” is in the future tense. Instead the Constitution instructs the use of general laws with only two exceptions. Section 13 says the Legislature shall create general laws under which any corporation serving any object can be formed. Section 14 says that if there exist an object which cannot be accommodated by a general law, only then can the Legislature charter a corporation as a special act. Since the only other exception is for municipal purposes, it precludes corporations chartered by special acts of legislation for private regional and state purposes.

In the next conclusion drawn by the Justices the words written in the Constitution Section 13 are ignored as the Justices use Governor Connor’s words as a stand in for the text codified in the Constitutional amendment:
Opinion of the Justices, 68 Me. 582- continued
and that in the absence of an existing general law under which the objects of the corporation can be attained the Legislature may create such corporation by special act. (emphasis mine)
The two thoughts, one immediately following the other, produces a meaning inconsistent with the meaningful context of Governor Connor speech as well as the Maine Constitution. The Justices construe the meaning of the amendment as intending ” Art. IV, Part Third, Sec. 14... authorizes the Legislature to write a general law, but the Legislature may at its own discretion charter a corporation by special act of legislation instead.”
The paragraph then concludes with these words:
Neither can it be doubted that it has been construed in conformity with that view for more than three-quarters of a century. In this construction we heartily concur for no other meaning can be fairly given to the language used in the amendment.
Since the adoption of these sections, the successive Legislatures of this State, as evidenced by their action, have consistently interpreted Section 14 as permitting the creation of corporations by special charter whenever the objects thereof could not be attained under existing general laws.”

In Governor Connor speech, he states that the intention is "to restrict the necessity for such laws to the narrowest possible limits” and tells of “sixty or more of the corporations created by a special act for each, by the last Legislature, could have been created and organized under general laws.” and that “The title of 'Special and Private Laws,' which includes so large a portion of the laws of former Legislatures, is an obnoxious one, conveying suggestions of privilege, favoritism and monopoly” Governor Connor uses established practice as a model for what not to do and an explanation as to why Article IV Part Third Sections 13 and 14 was needed in the Maine Constitution. Conversely, the Opinion of the Justices repeatedly use the word “existing” found only in Governor Connor’s speech and absent in fact or implication in the text of the Constitution as the basis of their interpretation of constitutional intent.
An Unconstitutional Precedence
The Justices use established legislative practice as a legal precedence establishing the meaning of the Constitution. Another paragraph begins by saying “established principles of constitutional construction require that the views of the framers be given great consideration”. In the second half of the sentence the Justices declare that whenever the Constitution is ambiguous, then the long course of practice can be taken as established law.
Ambiguity is cited as the reason for using entrenched practice as the basis of constitutional interpretation but the ambiguity is of the Justices own making. In his inaugural speech, Governor Connor acknowledges the exception for municipal purposes but the Opinion of the Justices occludes the exception for municipal purposes and treats the second exception, an object which cannot be otherwise attained, as the only exception to the prohibition against legislatively chartered corporations. When the exception for municipal purposes is taken into consideration, it clarifies the intention to prohibit the Legislature from chartering corporations for state, regional and private purposes. If that were not the case, there would be no need to make an exception for municipal purposes, in fact no need for section 14 at all. The Constitutional intent is specific that private corporations are to be incorporated under general law. Municipal corporations are chartered by the Legislature and government corporations are forbidden unless the object of the corporation cannot be achieved another way.
Governor Connor cites the long existing practices as the purposeful reason for the constitutional amendment. Contrarily, the Justices conclude that if a practice is engaged in for a length of time after the amendment was added to the Maine Constitution, that practice by those whose very power the constitutional amendment is intended to limit, makes said practice constitutional, discounting that the legal authority of the Constitution is derived from the consent of the governed.

The object in question is to incorporate the Gardiner Finance Company. The opinion states that “its objects, as declared in Legislature Document No. 383, cannot be attained by organization under any existing general law”. Document No 383 is a charter for a private finance company and does not contain an argument as to why the Gardiner Finance Corporation cannot be chartered under general law and yet the Opinion of the Justices states that it cannot be done withouany further ado although this is the condition that the Constitution says must be satisfied.
Opinion Of The Justices 1951 continued 5
It being manifest that your inquiry relates particularly to the proposed incorporation of
Guardian Finance Co., and [146 Me. 324] that its objects, as declared in Legislative Document No. 383, cannot be attained by organization under any existing general law, we supplement the foregoing by saying that said corporation may be chartered by special act.
Dated at Augusta, Maine, this eighth day of May, 1951.
Respectfully submitted:

The Rise Of Progressivism
According to the Opinion of the Justices in 1951, Article IV, Part Third sections 13 and 14 was ignored by the Maine Legislature since the day the amendment was included in the Maine Constitution, when it is written “Since the adoption of these sections, the successive Legislatures of this State, as evidenced by their action, have consistently interpreted Section 14 as permitting the creation of corporations by special charter whenever the objects thereof could not be attained under existing general laws.” The Opinion of the Justices of 1951 rules that the Constitution can be over ruled by contrary practice and disregard for the oaths of offices taken by our public servants. When the consent of the governed as codified in the Maine Constitution has no standing, there is no Rule of Law governing Maine law makers.
In The Maine Constitution, -a Reference Manual, Marshal J Tinkle writes:

"In the late nineteenth centuries, the Law Court evinced more concern for economic rights, and under the "takings" clause and taxing power clause struck down legislation that promoted private industry at the expense of property owners or tax payers. This approach harmonized with the national trend, but the Maine court went further in restricting state as the Law Court has increasingly deferred to legislation in reviewing a wide variety of regulatory schemes and funding projects. In rationalizing this turnabout, the Justices have explained that they had "interpreted our Constitution as a live and flexible instrument fully capable of meeting and serving the imperative needs of society in a changing world" ( Opinion of the Justices, 231 A. 2D 431, 434 {ME 1967})."1

The concept of the Constitution as a living and flexible instrument is the philosophy of progressivism. An Opinion of the Justices is respected but is not as robust as a hearing in a court of law where there is more than one faction presenting an argument before the Justices. In the case of the 1951 Opinion of the Justices, the court ruled on a constitutional amendment which restricts the authority of the Legislature but there is no other party but the Legislature represented before the Justices. The Legislature cannot be representative of the governed in a case where in the issue is concerned with restrictions which the governed have placed over the Legislature.

1 Opinion of the Justices, 68 Me. 582 at page 585
2 H.P, 641, House of Representatives 1951
3 Opinion of the Justices, 68 Me. 582 at page 585
4 State v. Longley, 119 Me. 535 at page 540, 112 A. 260, 262.

5 State v. Longley, 119 Me. 535 at page 540, 112 A. 260, 262.