SCOTUS Gives Corporations Free Speech, and Starts a Civil War.
One thing is certain, politicians will continue to be bought, and the SCOTUS ruling now upsets the harmony and graceful dance between the bribees and bribors, politicians and PACs. It is certainly going to increase the amount of money spent on politicians as corporations now struggle to gain more advantage over their rivals by using the enormous Return on Bribes ( roughly $160 in Revenue for every $1 in Bribes) evident in the US political system.
Maybe nothing will run amok and loose the dogs of war. However, all corporations do not speak with one voice, and do fight amongst themselves, for revenue and market share. These fights will now spill over and dominate the politics and policies of the Government. The Government, and its Laws, now considered bought and partial, will set itself up as not the arbiter of disputes, and consequemtly no Rule of Law. As we know from history, the only final resolution of disputes without Rule of Law is violence — Open Civil War, driven as always by greed and the need to profit.
Today’s corporations are run as Feudal Baronies. Favorites, jesters, nobles, vassals, intrigue, death (you’re fired), favored sons, and surrender of freedom in exchange for corporate scutage, salary. The people running these corporations are as egotistical as Feudal Barons, and as mixed, harsh, considerate, ruthless, fair, unfair or bestial. The Barons like to send their soldiers to war with other Baronies, the only difference is that today these wars are fought between marketing departments and the warriors are their sales forces; this too can change.
The corporations enjoy a facet of the commons, which was hard won, and is something they all grudgingly respect. It’s not completely impartial, nor completely fair, but reasonably fair and impartial enough that the baron’s enjoy it’s peace, historically known as the King’s peace or as it’s know today The Rule of Law. When two Barons decide to get into a dispute, they hire the best generals of our time, the Lawyers, and have ritualized fights in front of a judge. Failure to fight in this manner, become an outlaw, by shooting an other Baron’s troops on street corners, is strongly discouraged as the general mayhem and loss of business ensures all the barons will untie as one against the outlaw.
What happens when the Barons loose confidence the ability of the King to enforce a peace? There could be a bloody struggle to find a strong king, who will maintain the balance between control and restraint. Richard III, Henry VII, Plantagenet vs York, York vs Tudor, there is much history of these struggles. Bloody history, and general desire to regain the King’s peace.
What happens when competing Corporations loose because they bought the wrong politician, or political faction and cannot trust the Rule of Law? They cannot resort to the courts, for they will consider the courts to be as corrupt as the faction that employed them. They will not longer trust government to be somewhat impartial, and believe the playing field no longer level, and the system unfair. They will escalate their efforts until they die, exit a market segment, or regain advantage; they will be under great stress to grow or die.
The mammalian stress reaction is simple, fight or flight. In a unfair system, flight means exiting that market segment, possibly for ever, because the competition is establishing a monopoly. Fight means, at first marketing, then bribery, and finally violence. Prohibition and the illegal drug business in the US are prime examples of markets that lack the Rule of Law. The corporations will declare war, a real shooting war, and the feudal baronies and their allies will fight it out.
The government, as the partial arbitrator, will pick a side and try to ensure the government side wins, and try to maintain peace by establishing monopolies. While this may work in some cases, in others, a potential monopoly’s suppliers and customers will fight against the monopoly being established, and take sides in the corporate battle, as no other corporation, or feudal barony, will willingly become the vassal of the monopoly, as would happen if a corporation has only one customer, or one supplier. Many feudal baronies, or corporations, could unite against the Government, and then plot together to replace the Government and their monopolistic enemy.
Just like the German Principalities in Middle Europe.
The Government, our Congress, must maintain its tight grip on the Rule of Law and ensure that it remains mostly impartial, and is believed to be fair. Our Congress must remain in control of the Rule of Law.
How is that to be achieved when the corporations are trying will all their might, and revenue, to force the Government to be partial ans to subvert the Rule of Law?
Here’s one’s solution: In return for continued Limited Liability, the corporation surrenders its right to Free Speech and Political Contributions. With Free Speech comes Unlimited Liability. Unlimited liabilities owned by a limited liability entity, breach the limited liability entity’s liability protection.
Let’s see how quickly shareholders vote for management who want unlimited liability, with its unpleasant consequences, personal ruin for the shareholders.
The alternative to maintaining Rule of Law will make the battles between the Drug Cartels in Mexico and its Government look like a playground spat.