This reproduction of a page introducing a discussion topic on my new website provides foundation to my previous paragraph:
|How dare you defile our state constitution with your disingenuous words !|
Language As A Method Of Fundamental Transformation
This is a most disturbing subject ! Maine is a state where few read the constitution and fewer read the statutes, where the media is in bed with the power elite and the legislature does what ever it pleases because nobody is looking.
Compare the two statements below- the one written by the Maine legislature in the year 1981: The other was added to the Maine Constitution in the year 1876- around a quarter of a century after Max and Engels publish The Communist Manifesto ( a political ideology based in state capitalism)
RULES FOR NONPROFIT CORPORATIONS begins with a list of what is to be excluded from the definition of a corporation for the purposes of the Maine Nonprofit Corporation Act:
Definitions A. Corporation. Title 13-B Section 102(4) defines the term "Corporation" as used in the Maine Nonprofit Corporation Act. Certain entities are excluded from the definition. Among the exclusions are "an instrumentality, agency, political subdivision or body politic and corporate of the State." The Secretary of State interprets that phrase to mean an administrative unit or corporate outgrowth of State, county or local government created by statute, order, resolution, ordinance or articles of incorporation to perform functions traditionally associated with government activities. By way of example, entities, which will be considered excluded from the definition of corporation, include, but are not limited to: .....(emphasis on The Secretary of State is mine- the point being that the Secretary of State is of the administrative branch of government- it is the judicial branch of government that interprets the law)
The Maine State Constitution 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.
Section 15. Constitutional conventions. The Legislature shall, by a 2/3 concurrent vote of both branches, have the power to call constitutional conventions, for the purpose of amending this Constitution.
The First Observation Part One:
What reason does the legislature have for defining what is or is not a corporation except for evading the prohibition against chartering corporations by special act of legislation found in Article IV Part Third Section 14 of the Maine State Constitution?
Part Two: What reason is there for Article IV Part Third Section 13 & 14 to be part of the Maine Constitution except to prohibit the state from chartering corporations for state purposes? Private sector corporations are incorporated under general laws. Article IV Part Third Section 14 provides an exception for "municipal purposes". The purpose of Article IV Part Third Sections 14 is to prohibit the legislature from chartering corporations for state purposes- or in other words, to prohibit the legislature from chartering corporations as "instrumentalities of the state", which means for the purposes of the state.
Part Three: Article IV Part Third Section 14 provides an exception for "cases where the objects of the corporation cannot otherwise be attained".
THE RULES FOR NONPROFIT CORPORATIONS, are tailor made to accommodate the charter of The Maine Development Foundation, a non-profit corporation chartered by special act of legislation to serve the purpose of managing the entire economy of the state, by the state. The object of the Maine Economic Development Foundation ,and a plethora of state chartered corporations that followed, is "economic development". Economic development CAN be done another way- ie in the private sector! Therefore "cases where the OBJECT of the corporation cannot otherwise be attained does not apply unless one uses absurd constructs such as defining "the object “ as “state management of the whole economy of the state” but then that raises the question; “For what purpose is Article IV part Third sections 13 and 14 included in the Maine State Constitution?
Second Observation Part One: "an instrumentality, agency, political subdivision or body politic and corporate of the State." constitutes a state purpose.
Part Two: “body politic and corporate of” is just another linguistic signifier for “corporation” –in this case, it means a corporate state.
Conclusions: Article IV Part Third Section 14 of the Maine State Constitution provides an exception to the prohibition mentioned above for municipal purposes- with clear intent, in plain spoken English, to prohibit chartering corporations for state purposes.
The Maine State Legislature in the year 1981 was inventing definitions for words and things out of thin air for the explicit purpose of evading a prohibition placed upon it by the Maine State Constitution. The legislature defined ” what is not a corporation” as that which has the attributes and purposes synonymous with that which Article IV Part Third Section 14 prohibits- ie- the chartering of corporations to serve state purposes. In so doing the legislature of Maine is fundamentally transforming the constitutional governing philosophy of the state of Maine without going through a constitutional process. Being that the constitution prohibits the chartering of corporations to serve as instrumentalities of the state, the legislature responds by concocting a statute that says that a corporation is not a corporation if it serves as an instrumentality of the state.
The legislature cannot define the function which they are excluding from a definition of "corporation" without using the word "corporation" or a derivative there of- and a plethora of "instrumentalities of the state” that proceed from this statute, are chartered as corporations in the statutes where by they are established, even though this statutes says that they are not corporations because they are "instrumentalities of the state" This is pure Marxist double speak. Marx railed against capitalism as he developed a theory of state capitalism. It is the same with the Maine legislature as it is with Karl Marx- whether of not capitalism is capitalism or a corporation is a corporation is defined not by the process, the form, or the function; but by the agent involved- ie private sector or public sector. Not only the rules are different for each but also the signified meaning of words.
Related Blog: HOW MAINE''S HOME RULE AMENDMENT WAS SUPERSEDED BY STATUTORY LAW