Posts Tagged legislation

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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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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Should there be a law?

Here in the USA, when we think about existing or proposed legislation, we should put it through various processes that test it for problems that make it bad law. One of the most important of these tests needed for any legislation that is directed towards action by individuals is testing for violation of personal liberty.

This chart provides a path for just such a testing process; if this test cannot be passed, then legislation should not be enacted, or it should be discarded if it has already been made into law.

If the legislation in question can pass this test, then it is reasonable to begin considering other disqualifying factors, such as compliance with the constitution’s bill of rights, commerce clause issues, if the law violates the ex post facto provision, enactment and enforcement costs, and so forth. If it cannot, then if the law exists, it should be discarded, and if proposed, the proposal abandoned.

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 that are matters of informed, personal or consensual choice. Below the chart, I discuss some of the terms and ideas behind the chart.

Should there be a law?

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