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Socialism-Communism VS The Maine State Constitution

Julie Ranson   http://www.diffen.com/difference/Communism_vs_Socialism

TWEET THIS  http://goo.gl/PxXEGX
The rest of this post contains out takes for A Maine Citizens Journey Through the Statutes of Transformation. which you can have by supporting this blog for a minimum contribution of $10.00 sent via PayPal to mackenzie@andersenstudio.com. I will then email the TimeLine to you, which includes the research I did on the 2013 legislative session, which I have been reporting on here and will continue to do so:

1876 Separation of Corporation & State



Article IV Part Third Section 14 added to Maine State Constitution forbidding the legislature to charter corporations by special acts of legislation



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. Governor Seldon Connor



In Governor Seldon Conner's Inaugural Address he said these words pertaining to the new constitutional amendment:

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 for 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 [146 Me. 323] 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.' ( emphasis mine) From Governor Seldon Conner's Inaugural Address  1876 - I don't have a link for this - it was found in The Maine Constitution- A reference guide by Marshall J Tinkl


Forward to More Present History



1977 Legislature charters the Maine Development Foundation as a non-profit corporation to serve as an instrumentality of the state with the function of .



§915. Legislative findings and intent: "There is a need to establish a new basis for a creative partnership of the private and public sectors ...but which does not compromise the public interest or the profit motive. The state's solitary burden to provide for development should lessen through involving the private sector in a leadership role....... The foundation shall exist as a not-for-profit corporation with a public purpose, and the exercise by the foundation of the powers conferred by this chapter shall be deemed and held to be an essential governmental function.   (emphasis mine)



983 §961. Finance Authority of Maine Act  Purpose is a catch all for centrally managing all socio-economic and environmental concerns while working in conjunction with other state corporations which also serve central management purposes - but -the function of F.A.M.E  is purely monetary - redistribution of wealth.



The authority will serve a public purpose and perform an essential governmental function in the exercise of the powers and duties conferred upon it by this chapter. Any benefits accruing to private individuals or associations, as a result of the activities of the authority, are deemed by the Legislature to be incidental to the public purposes to be achieved by the implementation of this chapter. [1985, c. 344, §5 (AMD).] (emphasis mine)



Comment Redistribution of wealth is an "essential government function'? Since when? What form of government?






§964. Organization and responsibility  The Finance Authority of Maine is established as a body corporate and politic and a public instrumentality of the State, and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of essential governmental functions. (emphasis mine)


§969-A. Powers and duties of the authority: Receive and accept from any source allocations, appropriations, loans, grants and contributions of money or other things of value to be held, used or applied to carry out this chapter, subject to the conditions upon which the loans, grants and contributions may be made, including, but not limited to, appropriations, allocations, loans, grants or gifts from any federal agency or governmental subdivision or the State and its agencies.  (emphasis mine) (money in politics- corruption risk factor) Fifth Plank Communist Manifesto: Centralization of credit in the hands of the State


§973. Conflicts of interest  Notwithstanding Title 5, section 18, subsection 1, paragraph B, each member of the authority and each employee, contractor, agent or other representative of the authority is deemed an "executive employee" solely for purposes of Title 5, section 18, and for no other purpose, except that the chief executive officer in addition is deemed an "executive employee" for purposes of Title 5, section 19. Title 17, section 3104 does not apply to any of those representatives. [2001, c. 417, §8 (AMD).] (emphasis mine)


Title 17, section 3104. Conflicts of interest; purchases by the State No trustee, superintendent, treasurer or other person holding a place of trust in any state office or public institution of the State shall be pecuniarily interested directly or indirectly in any contracts made in behalf of the State or of the institution in which he holds such place of trust, and any contract made in violation hereof is void. This section shall not apply to purchases of the State by the Governor under authority of Title 1, section 814. [1975, c. 771, §164 (AMD).]See Maine State Constitution Article IV Part Third Section 14 "they (Corporations) shall forever be subject to the general laws of the State.

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