Tuesday, May 31, 2011

PACTs: Coming of Age As A Corporation


[A reminder, PACT stands for People Are Corporations Too, the corollary of United Citizens vs. the Federal Election Commish holding that CAPT, Corporations are People, Too. And while the whole case reeks to high heaven, I'm more than willing to have it be the fertilizer that nourishes the ground from which the playing-field leveler, People Are Corporations, Too, is growing.

Probably the simplest way to acknowledge the corporate-ness of every U.S. citizen is, when they're physically able to grasp their corporate charter in their tiny, wee hands--which in my experience is almost immediately after birth -- to give them their corporate charter. Their footprint could be impressed upon it. [Baby] Jane Doe Inc. In ink.

I don't know as how we'd need to have the Secretary of the Commonwealth (writing from Massachusetts) attend each birth to confer the corporate charter on our newest of CEOs. Seems to me that this all should be taken care of legislatively, by statute.

But at any rate, each individual, as a corporation, his his or her own corporate charter, bylaws etc. to come later, perhaps.

At what we used to call the "age of majority" (even though it's only a majority of one), every Domestic Domestic Corporation (DDC) officer would become a "solo" corporation, no longer a subsidiary of the DDC he or she became associated with by virtue of birth.

Consider for a moment the impact of this recognition that People Are Corporations Too (PACT, as opposed to United Citizens' holding of CAPT, corporations are people too).

The various duties and obligations, rights and powers of a corporation would be available for the child CEO. We would probably want our offspring corporations to be wholly owned subsidiaries of the, literally, Parent Corporation.

But after 18 years, and perhaps sooner, the young CEOs might want to merge with some other corporation.

There would of course be contracts negotiated all round before the merger (heretofore known as ante-nuptial agreements); as the DDC officers continued to do business after such mergers, there would be bylaws and sub agreements, etc. And were the merger to fall apart, of course, there would already be in place pre-merger, merger, and corporate dissolution (formerly known as divorce) agreements.

Whether in anticipation of young CEOs leaving subsidiary status in one DDC for a merger with another single-occupant DDC (formerly known as marriage), or as the natural course of conducting business in an ongoing merged DDC, various pieces of property, for example, could be assigned to a child's DDC, or to the mother's or father's DDC, or acknowledged to be shared property. All of which would make the dissolution of a DDC much simpler and straightforward than it is today--except perhaps in states with no-fault divorce, so-called.

At any rate, in this new DDC scheme, citizens' relationship to the governments they've ordained and established is that of a business corporation. On the matter of marriage, co-habitation, or whatever form two or more merged DDCs take, that's an individual matter between the representatives of whatever religion, if any, and the DDC officers.

As I read the US Constitution, there is no discussion of marriage rules and regulations; I classify those issues as 9th Amendment retained rights--those "others" retained by the people. If you insist that the public health of the common weal is important, and that blood tests should be performed before the state allows DDCs to merge, I would suggest that if we had universal health insurance, PACTs would already have had what we consider the requisite tests today.

[I'm thinking that an individual, a PACT--a people are corporations too person, might be called a "pac -- person as corporation" or perhaps a peroration, or part or pertion or persation or porp. Or persion or persporation or person--nope, that'd be circular--or poration, or peration. Hmm. I kind of like "pertion" as it reminds me of Bobwa Walters.]

Tuesday, May 17, 2011

Supreme Court Says "Corporations R People, Too"; I Say People R Corporations, Too"

So five "supremes" have declared, in Citizens Untied (or United) vs. The Federal Election Commission (558 US ____, Jan 21, 2010), that corporations are people, have the enumerated retained rights in the Constitution and Bill of Rights, and, no doubt, the unenumerated "others"-- other retained rights acknowledged by the Ninth Amendment ("The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.").

Though the decision seems on its face to be ridiculous (can you imagine any corporate charter, which is the birth certificate & the person-hood-ness-ness of a corporation, jumping up and down, shouting at a war rally, holding a sign-on-a-stick with two of its four curled corners? What would happen to those parading charters if it started raining. They'd dissolve and run down the storm drains, though I suppose they could hobble over to the nearest Kinkos and get laminated. I mean, just as a f 'rinstance), the decision actually gives us all a spectacular opportunity to acknowledge, by the same Supremes' logic, that people are corporations, too.

People are in the business of providing food, clothing, shelter, education, transportation for themselves and/or, in cooperation with others, are in the business of raising little corporate executives for their companies.

Corporations are creatures of the states, and are called "domestic corporations" if they're incorporated in the state in which they do business. They're called "foreign corporations" when incorporated in a state other than the one or ones in which they do business.

Because I'm also speaking about another, new corporate meaning of the word "domestic," as in "of the home, the domus," in Latin, as well, I call the new "family corporation" a Domestic Domestic Corporation--of the state in which chartered, and of the home it's in business to run.

I've a batch of work to do to collect all the figures and such to describe the impact of having every individual, or couple, or family "be a corporation, too," as Citizens Untied suggests, but the essential points are these:
  • Domestic Domestic Corporations pay corporate taxes.
  • Officers of Domestic Domestic Corporations will have to negotiate with their current "employers," if any, for a contractual relationship with any companies of which they've heretofore been employees. This won't be easy, unless unions of all sorts, with their experience in negotiating with simple domestic corporations, help out, or legislation is passed which does away with the concept of employees, "employees at will," and such "quaint and irrelevant" concepts.
  • Wages will be replaced by 1099 corporation-to-domestic domestic corporation contractual payments. Legislation could speed this along.
  • Individuals, couples etc., would automatically be declared Domestic Domestic Corporations. That would essentially define the relationship between our gummint and individuals.
  • Marriage would become a matter between individuals and their church, churches, etc. The state would have no play, and no say, in the matter. (I would say that marriage or other domestic relationship was one of the other rights retained by the people, as noted by the Ninth Amendment.)
Now comes the very interesting issue: What would be the relationship between officers of the Domestic Domestic Corporation (hereafter, DDC) and the taxing authorities? Let's take a look, shall we? Basically, the tax relationship between corporations and gummints would not change. But of course, if it were to change, then the changes would affect all corporations--GE corp, DDC You corp and DDC Me corp.
  • All the expenses involved in running the DDC would be deductible from gross income.
  • All corporate income would be corporate income, not "personal wages".
  • DDCs would never hire employees, but rather would contract for any services/goods that the board members of the DDC could not supply on their own.
  • DDCs, if they had the additional moxie it would require, could "go public" and raise funds from stock- and bond-holders.
What impact would the new, universal DDC have on state and federal tax revenues?
  • The states would gain additional corporate tax revenue, annual licensing fee revenue from the DDCs--and any other tax or fee revenue the state chose to impose. Of course, remember that any such change would affect all corporations.
  • The federal government would gain additional corporate tax revenue from this massive number of new DDCs.
  • On the other hand, the federal government and state governments would lose all personal income tax revenue. With DDCs, there's no more personal income. (That giant sucking sound you hear is the federal government gasping for tax dollars that no longer exist, to spend on bankers, bomb-makers, UAV-makers (unmanned aerial vehicles, formerly known as Really Big Radio-Controlled Model Airplanes, or RBRCMAs, pronounced "men-who-NEV-er-grew-up").)
  • States will recoup their lost "federal revenue, less the rake-offs, sharing" by raising corporate fees, which is standard fare for the so-called "no income tax" states like New Hampshire (Motto: Live Fee Then Die).
Many might say that we can't do without a federal government, but I merely ask for a moment's reflection on the jobs the federal government has been unable to do:
  • Despite trillions of dollars in expenditures, our military-industrial-legislative complex was unable to shoot down three of the four large flying things that crashed in various places in the US on 9/11/2001.
  • Despite trillions of dollars (or maybe just billions) expended on national emergency preparedness, New Orleans and other spots along the Gulf of BP coast were devastated by the long-predicted Cat. 5/4 hurricane nennt Katrina.
  • Despite more billions of bucks, our government has been unable to "support and defend the Constitution of the United States against all enemies, foreign and domestic." In fact, our government has acted only to restrict, limit or outright repeal wholesale (and retail) most of the rights retained by the People of the United States (suspend Writ of Habeas Corpus, deny due process, wire- or fiber-optic-tap all American telecommunications, permit breaking-and entering into people's homes without benefit of judicial warrant...need I go on?
  • Despite having taken oaths to support and defend the Constitution, federal legislators and the federal military have invaded sovereign nations without a declaration of war being made by the Congress.
  • Despite having taken oaths to support and defend the Constitution, top-ranking federal legislators like the Speaker of the House have, on their own initiative, suspended or repealed sections of the Constitution ("Impeachment is off the table" is the functional equivalent of repealing three clauses of the Constitution dealing with impeachment itself, and the entire Article V, which sets out the sole methods by which the Constitution can be amended. And refusing to enforce its provisions ain't one of 'em.
  • I could go on, but basically, except for the pittances set aside for medical insurance, building roads, providing food stamps (which is now called providing supplemental nutritional assistance, or some such euphemism), money put into the hands of federal government folks, elected, appointed or, in some cases, "electipointed" ( see Bush, George W. – 2000 and 2004 "elections"), almost all federal government expenditures of money hurt us more than help us. And unless we're a nation of masochists, it hardly seems sensible to continue the practice.
Also, federal government is harder for the people to control, but essentially shooting fish in a barrel for lobbyists, as they only have to manage, bribe, control, etc., 537 elected officials and their staffs, plus a few hundred appointed deputies, assistants and such.

However, if virtually all of the money--corporate tax revenues--moves to the states, it is much easier for the people of the United States to fill the galleries of government and provide the daily oversight (24/7 actually) required to keep state governments in line. First, it's a much shorter commute to state capitals than, in most cases, to Foggy Bottom (Wash., D.C.). Second, lobbyists will have to try to control, bribe, manage thousands and thousands of officials, rather than the 537+ in D.C. Which of course tends to further level the playing field between citizens and plutocrats.

---more later---


Wednesday, November 19, 2008

A modest proposal to our governors, from 18 years ago

Back when I was living in Albuquerque many moons ago, I sent this modest proposal letter around to the 50 governors then serving.

I got two responses. The first from the Governor of Colorado, just up the road. He put me in touch with his Secretary of Health & Human Services, if I recall correctly. And we had an interesting discussion.

The second was from the Governor of Delaware. He wrote me a short letter and pointed out that if this proposal were to be enacted, it would deprive the federal government of personal income tax revenues and would thus, in turn, jeopardize the federal revenue-sharing funds that flow back to the states from the Federal government.

What I had apparently not made clear enough was (and is) that the state would make up for this shortfall by increasing corporate licensing fees, transaction fees for investments, property taxes, and so on. But not on personal income--because there'd be hardly any to speak of.

In other words, one of the goals of this proposal is to essentially stop the flow of money out of the states and into the federal coffers, where neither states nor citizens have any effective control over how that money is spent.

Yes, there are the important entitlement programs, Medicare and Social Security. These will have to be dealt with. And so will our corporate welfare, or oligarchic corporate socialism, need to be addressed. However, when "every person is a corporation, too," (an ineluctable concomitant of the Supremes' holding in Untied Citizens vs. the Federal Elections Commission last year (2010), then everyone--no just the corporate CEOs and the rest of the 0.01% of our richest corporate socialists, but everyone--can feed at the corporate trough.

Yes, there are states (like Alaska, as we learned in the 2008 election), that receive far more in federal dollars than the businesses and citizens of the state pay into the federal government. About the time I was writing this letter, I think New Mexico got the highest "return" funds, something like $3 for every $1 sent Washingtonward. But most of that money was coming back to support Sandia National Labs, Los Alamos National Labs, the nuclear weapons storage facility, White Sands, the Large Array radio telescope, and so on. (Oooh, I shouldn't forget Area 51, should I?)

And the "federal revenue sharing" most certainly was not flowing into the hands of First Americans on their desolate reservations--the Comanche, Navajo, Zuni, Pueblo....(check out alll these....

Northeast Albuquerque
New Mexico 87111-4526
Sun, Mar 22, 1992
The «salutation» «1stName» «middleInitial» «lastName»«line»
«title» of the «fullStateName»
«addr1»
«city», «st» «zip»
Dear Governor «ln»:

You could think of this as a suggestion for a significant, lucrative Family Federal Aid Program for your «fullState» which requires only state legislative action, reversing the example of Federal entitlements programs which are enacted in Washington, but are paid for by your state.

Here’s what you do: In a suite of legislation that declares the business of the «fullState» to be raising, nurturing, training & supporting capable, creative, productive businesspeople (who then, and only then, set up or work in other productive businesses), set up a Family Corporations Law, either out of whole new cloth, or amend your current Domestic or Business Corporations Law to encompass this new “business purpose”.

Let the new or amended law declare and provide:

• That all families now and hereafter are Family Corporations in the «fullState».

• That marriage automatically creates the Family Corporation, but that any individual or group of individuals may also form a Family Corporation.

• That all “traditional” employers or institutions or entities paying sums of money to a member of such corporation must change their records to pay those sums to the Family Corporation, instead of to the individuals. This would end individual income tax & withholding on those sums.

As Family Corporations engaged in the business of raising and caring for businesspeople, all the necessary expenses of food, clothing, shelter, education, transportation, communication, etc. are, of course, business expenses. (The «fullState» could begin to charge for such services as are actually rendered.)

The Federal government would of course tax the profits of the Family Corporation (as could the «fullState»), which would amount to what families now put into savings. Your «fullState» would maintain its revenue stream by tinkering with such things as corporate franchise fees. Most of the personal income tax saved by your state’s new Family Corporations would be spent in your state, benefitting your economy. Treatment of all corporations, whether “Family Business” or those existing before the Family Corporations Act, could be uniform (property tax “incentives” for traditional businesses and aid to family corporations with dependent children would then uniformly be called “corporate welfare”).

There would effectively be a national flat tax, the corporate tax.

Your state legislation should be protected by the Tenth Amendment from Federal attack.
The further the success of such Family Corporations, you’d want to add mandatory curricula in the schools in Running a Family Corporation, Family Accounting, Family Education (older family members as teachers of the younger corporate members), as well as Family Health, etc.

You could also wrap the concept in as many reams of written (or spoken) rhetoric as you wished, stating that without healthy, happy, capable, creative businesspeople, no business (of any kind) or state can long survive, etc., particularly as so much has been made in the past two decades of the plight of the American Family and yet so little has been done to ameliorate it.

Sincerely,
Bill Wilt

Wednesday, June 11, 2008

Keep Your Money; Raise Your Kids; Starve Federal Government

Well, here we are in the middle of June, 2008.

The US has a putative Democratic nominee for the presidency as well as a Republican one.

We're still in Iraq, trying to get the Iraqi government to cave in and let us fulfill our Holy Purpose to have:
  • 14 or so huge, permanent military bases there ("Oh, no, no, no, says our Unitary Liar-In-Chief (ULIC); we don't want to keep the permanent bases [like small US cities] we've already built on your land. We just want 'enduring' bases! And as you know from your holy book, nothing lasts forever, so how could we ever have 'permanent' bases? That would be an ox for morons." 
  • Just a little bit of Iraqi oil for 35 years, or 'til it runs out, and 
  • Just a few 35-year oil-field service contracts, and 
  • Only a handful of 35-year prime exploration spots. "But, gosh," says the ULIC, "we don't want to take all your oil, we just want a small share of it--12.5% for you, 87.5% for the US and our friends in England & Australia--not Germany, of course, and CERTAINLY NOT FRANCE."

Prime Minister Malaki could be forgiven for saying, in response, "We have a saying here in Iraq--I don't know if you have one like it in Texas or Washington, but we say, 'Fool me once, shame on you, fool...unnhhhh, me twice,  uuhhnn … well, you can't fool me again.' " 

"Yeah," says the ULIC. "I think I've heard that one before!"

And in the midst of all that, the economy's gone to hell for the 95% of Americans who aren't the top 5% of Americans by income, Reagan tipped the US from a net creditor nation to a net debtor nation in 1985-6, and we've been borrowing from the world ever since.'

Just think about that for a minute: We're a debtor nation. The so-called Only Superpower In The World. In hock to the rest of the world. For the past 23 years. Wow!

We borrow money from the rest of the world, now in prodigious amounts to pay for this $3 to maybe $5 trillion Iraq invasion & occupation; we borrow money from the Federal Reserve System (it's not federal, there's no reserve — it's all system. We have borrowed ALL the money in circulation from the Fed, and put up IOUs, called Treasury bills or bonds, which must be repaid with interest (which adds to the national debt, of course). The Fed doesn't even pay to have its "federal reserve notes" printed or its coins minted. We do--we the squeezed and squished 95%.

And our elected officials (I use the word elected loosely, of course) do the bidding of the 5%--the corporate thugs that have used our citizens, our courts, our roads, our cities and towns, blackmailing municipalities to forego taxes, to build special roads, sewers, schools to "attract" these corporate thieves. Who've avoided (and evaded--a crime) taxes, set up dummy corporate HQs in island tax havens to hide income from the taxman and shareholders and all members of the public who would boycott their products/places of business if they but knew the half of the damage the corporations have done and continue to do to our economy, our government, and our way of life.

It's well past the time we did something about this awful mess.

So, what should we do? First, cause all citizens, especially families, to gain equality with corporations.

How? You don't marry; you incorporate. Marriage ,or whatever you want to call it, is a matter between you, your partner(s) and your spiritual or non-spiritual selves. The federal and state governments have no authority over adult relationships (just as they have no authority over what you do with your body).

Our lives get a little bit more complicated when we're all part of our own corporation, because we'll be running a business, filing business forms, tax forms, all of that.

However, all of the reasonable and necessary expenses we incur running our corporations, in business to raise children, acculturate, retrain, make wonderful citizens and contractors — are above-the-line deductions.  Like what, you ask?

Like:
  • work uniforms;
  • corporate cafeteria;
  • corporate health plan(s);
  • corporate retirement plan(s);
  • corporate training programs;
  • corporate loans and mortgages;
  • taxes on corporate HQ and property;
  • corporate depreciation on corp. headquarters and off-site retreat facilities;
  • corporate office furniture, maintenance, decorating
  • corporate vehicles & other transportation;
  • corporate entertainment (only 80% or so deductible. Hafta check w/ IRS regs)
  • Legal assistance (in negotiating contracts with former employers);
  • etc.
In other words, all of the reasonable and necessary expenses of running a family, now to be called a Domestic Domestic Corporation, or DDC. The two domestics refer to, 1) Domestic, as of the state in which incorporated, and 2) Domestic, as of the home.

States could facilitate this switch-over by declaring all citizens of the state to be a member of their own DDC, and declaring that money formerly paid to DDC corporate members as salary or wages, would automatically become 1099 income, money paid from one corporation to another.

I can see a really useful role for our moribund unions in this, helping families to incorporate, run these DDCs, negotiate with other corporations, both DDCs and other business corporations. And certainly, both boys and girls would now have to seriously learn "home economics" because it will have become all about "running the Home Corporation."

More TK