Posts Tagged law

Is a corporation really like a person?

In the US, (IMHO very bad) court decisions have made it so that businesses – corporations – are commonly treated as if they were persons under the law. This leads more or less naturally to weighing the rights of the corporations against the rights of a flesh-and-blood person; and when a corporation contributes more to the public trough than the citizen does, the outcome is often a foregone conclusion.

Lately, it’s been rattling around in my old head that perhaps, instead of treating corporations like persons, we should treat them like useful, but very dangerous, viruses. Comparable to one that generates some useful end product, but would eat your flesh off if you got any on you. Because other than the end products they make, I’m really hard put to think of much good corporations do unless they’re legislated into a corner and forced into it.
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SCOTUS empowers another ex post facto law

rippedThe Supreme Court ruled on May 17th, 2010, that federal officials can indefinitely hold inmates after their prison terms are complete. The high court in a 7-2 judgment reversed a lower court decision that said Congress overstepped its authority.

Ex post facto laws are explicitly forbidden to the federal government and the states by two separate and quite specific clauses in the constitution, the government’s authorizing document:

The federal government: “Section 9 – Limits on Congress – No … ex post facto Law shall be passed.”

The states: “Section 10 – Powers prohibited of States – No State shall … pass any … ex post facto Law”

You may be asking, “What is an ex post facto law?” The legal definition is given by Calder v Bull (3 US 386 [1798]), in the opinion of Justice Chase, which defines four ways laws must fail as ex being post facto:
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Bicycle Helmets – feh

You can pad yourself until the world can’t hurt you no matter what happens, but the compromise is you lose some sense of the world with every layer you put between you and it. I’d rather feel the wind in my hair.

With regard to insurance companies, they should simply adjust rates and coverage until the bottom line reflects the actuarial reality.

With regard to law, the government should never, in their private lives, be telling the citizens how to dress, what precautions they must take when pursuing any particular activity, or trying to justify the forgoing by implementing programs of any kind. If the government is aware that certain types of behavior present specific risks, then they have exactly one acceptable tool available: education. Which I do encourage them to use.

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Why the Heller 2nd amendment decision should scare you

The USSC did the right thing. Just barely. Mostly by accident. I say this because while it is clear that the four judges (of nine total) who dissented haven’t even got a ghost of a clue as to what the constitution is, much less what it says, there is more here to astonish and perturb those who actually read the decision of the majority of five. They don’t know what they’re doing either; that, or they are involved in a conspiracy against the citizens of the United States.

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Think income tax rates are ok? Read this.

Let’s talk for a moment about an imaginary worker who makes, oh, let’s say… $50,000.

Let’s further stipulate that said worker lands, for various reasons, in the 25% tax bracket.

So, you’d presume that of the $50,000 our worker earns, $12,500 is paid to the federal government as income tax. Right? Because that’s 25% of $50,000, so… we end up with $37,500 that actually goes towards social security, state taxes, food, gas, savings, etc. The other stuff. Right?

No. Wrong. Here’s why.

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Should there be a law?

Start by examining the chart below. This gives an overview of the process I suggest should be used to determine if we should be considering laws, or not, with regard to any particular act or acts. Below the chart, I discuss some of the terms and ideas behind the chart.

Should there be a law?

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