Fractional Reserve Banking
The Federal Reserve
Influence of the Super-Rich
Security and Money as a Store of Value
by: Thomas Lee Abshier, ND
6/11/2009
----- Original Message -----
From: John
To: "Thomas Lee Abshier" <naturedox@qwest.net>
Sent: Monday, June 01, 2009 3:07 PM
Subject:
My dialog with a lefty...
Tom, I thought you might enjoy my dialog below with my lefty
friend who
keeps thinking that socialism is the only way. You might want to start
by
watching the video he references.
- John
-----Original Message-----
From: Pat
Sent: Monday, June 01, 2009 1:57 PM
To: John
Subject: Fractional Reserve Banking as fraud
Tell me if you agree with this "Money"
explanation. I'm working thru the
whole 5 parts, but the first part explained to me
how this mess has occurred.
I still fail to see how your explanation of money could
possibly create the
wealthy individuals and corporations that we have. This series
makes more
sense to me, please watch and see if you agree with any or all.
http://www.youtube.com/watch?v=mIIAvdJvCes&feature=related
Pat
-----Original Message-----
From: John
Sent: Monday, June 01, 2009 2:55 PM
To: Pat
Subject: RE: Fractional Reserve Banking
as fraud
Pat, I just watched part 1 of this series. What makes you think I would
disagree with any of that? I completely agree with all of it. The bankers became
crooks when they lent what they did not have -- as shown at the end of the video.
The
free market answer is that depositors must be astute enough to realize there is always
risk of having money. They can put it in their mattress and have the risk of theft
and not earn interest. They can put it in stocks and watch it go up or down. Or
they can take it to a bank, or split it among several banks, and take a chance that
their money will still be there. Diversification and diligent follow-up is the answer.
Don't trust anybody
completely! If the banker becomes a crook and lends more than
he has, and if the bank has a RUN (which will undoubtedly be a big part of "Part
2 video") then you better get there first to pull your money out or have such a small
amount of money in any one bank that the failure of one crooked bank won't hurt you.
THE
PROBLEM.... Is that the bankers got together and sold the government and the public
a bill of goods... Which I am sure the next videos will present.... STABILITY FOR
THE LITTLE GUY with bank guarantees, etc., and risk-free returns for the bankers
because the taxpayer will bail them out.
The politicians could sell it as a "public safety" measure and stay in office. The
crook bankers can pay the politician's re-election campaigns, make their windfall
profits, and the public believes the whole scheme is there to protect THEM. So,
everybody is happy until the whole house of cards comes crashing down.
I completely
blame our problems on the super-wealthy. We agree on that.
THE ANSWER.... In my
view is to get the government out of it... Take away the *illusion* that money anywhere
is safe. (Money inherently is not safe anywhere.) Make the public aware of their
own risk and let them make their own risk decisions accordingly. If somebody loses
his shirt, he can appeal to charity. But failures are almost necessary to teach
the rest of us numbskulls that risks are out there. Just as occasional bloody crashes
on the road remind us to put on our seatbelts and not take corners on two wheels.
There should be thousands of banks instead of a few dozen, and they should all compete
and provide a backdrop so consumers can diversify the risk of picking a loser. The
consumer does not have to visit 1000 banks because there are mutual funds that will
invest in 1000 banks and you invest in them only once, and there are thousands of
competing mutual funds. So, true diversification of risk is a real possibility.
Then
there are the derivatives and complex financial instruments that nobody understands.
That's no big deal either. That's just an extension of the snake oil salesman.
Buyer beware! Don't buy what you don't understand even if everybody else is buying
it. Snake oil salesmen are not just peddlers preying on naïve farmers. They can
be brilliant dishonest bankers who prey on other less intelligent bankers who don't
want to be left in the dust on the next "brilliant investment". It's the same "greater
fool" theory taken to a higher level. There's always somebody dumber than you if
you are
crooked enough to screw them over. That will never change.
The answer is
that people have to learn to recognize their responsibility and not abuse others.
That's a simple principle, but it is insanely difficult because it must be enforced
by each of us on ourselves. Nobody else, no government no matter how powerful, can
enforce morality on every action of others. Honesty has to come from within.
How
do we solve it? Beats me. Education maybe? Setting an example? Help stupid people
with ways to protect themselves from the cruel people who are smarter? That's the
human dilemma. It's not just bad bankers but child abuse and everything else. The
best we can do is try to protect ourselves, try to help others, and hope for the
best.
John
-----Original Message-----
From: Thomas Lee Abshier, ND [mailto:naturedox@qwest.net]
Sent: Monday, June 01, 2009 8:13 PM
To: John
Subject: Re: My dialog with a lefty...
John,
I've thought a lot about this topic and this has given me another piece of the puzzle.
I'll see what I can come up with to help solve the mystery.
T.
----- Original Message -----
From: John
To: "Thomas Lee Abshier" <naturedox@qwest.net>
Sent: Monday, June 01, 2009 10:07 PM
Subject:
My dialog with a lefty..
I think I already know that your answer is to embrace Christianity, and then the
self-imposed honesty I spoke about will come as a by-product.
Perhaps you are right.
-
John
-----Original Message-----
From: Thomas Lee Abshier, ND [mailto:naturedox@qwest.net]
Sent: Thursday, June 11, 2009 10:13 PM
To: John
Subject: Re: My dialog with a lefty...
Axioms re: economics, government, corporations, society, individuals and God:
- Individuals have free will, passions, and a desire to minimize pain and maximize
pleasure.
- Individuals act within a larger economic, social, and natural environment that places
barriers to their allowable degrees of freedom.
- The general social-economic limitation to freedom is the competition to maximize
happiness in an environment where others seek to maximize their happiness.
- Individuals function within a system of natural and psychological laws, established
by God. These laws form the natural terrain of relationship, with its barriers and
thoroughfares which encourage and inhibit action.
- The barriers of interpersonal relationship can be circumvented by using compensations
and alternative paths. Likewise the physical laws that prevent action can be bypassed
by applying alternative methods (e.g. Overcoming gravity can be accomplished by rocketry
and airfoils.)
- The complexity seen in the physical and psychological universe is probably created
by a relatively small number of fundamental laws and structures. Together, these
basic laws are the alphabet that is used to combine to create the plethora of words
seen as manifested behaviors and natural phenomena. Knowing the alphabet of natural
and psychological law facilitates the understanding of life experiences, the resolution
of the roadblocks to relationship, and the construction of social policy that maximizes
productivity and felicity.
- Each individual and social situation requires a minimization of cost and maximization
of benefit with regard to a near-infinite number of variables. Thus, social mini-max
problems are situation and individual-dependent, and their solution will only be
approximate. The differential between perfection and reality must be bridged by
forgiveness and faith in the good intent of leaders and actors. Course corrections
must be continuously applied as deviations from the desired perfection are noted.
Eternal vigilance must be applied to manage and adapt to current physical, individual,
and group conditions.
- Government and corporations function as independent entities governed by a psychology
somewhat similar to the individual. Action should be best taken after holistic examination
of the relevant forces and laws, the environment of their action, and the short and
long term effect to produce the best current approximate solution.
- Individuals in general desire to consume the most, and work the least. Individuals
are motivated by pleasure and satisfaction of desires.
- Pain and punishment produce barriers to behavior.
- The good of the whole is only good if it accommodates the good of the individuals.
There is no such entity as the group, there is only the good of the individuals.
Fractional Reserve Banking:
The Bankers Cartoon caused me to think about the issue of the morality of Fractional
Reserve Banking, the Federal Reserve System, and the effect of the super rich on
the economy.
I believe the crux of your criticism of the banking system was:
- The bankers became crooks by lending money that they didn’t have on deposit.
- This “crooked” activity enabled them to become super-wealthy.
- The super-wealthy were able to manipulate the entire economic-political-governmental
system to their advantage by bribes, lobbying, and financial pressure of various
sorts.
The morally questionable aspects of these banking practices are:
- Bankers lending money which they did not have on deposit
- The Federal Reserve collecting, keeping, and using the interest they collect on fiat
money they issued.
- The distortion of the market and social order by the decrees of government, and
by the influence of the super-wealthy.
The morality of fractional reserve banking (FRB):
Despite the origin and sordid past of fractional reserve banking, the current system
of fiat money and loaning money based on the amount of deposits and debts on account
is neither fraudulent nor unreasonable. It is true that the bankers lend money that
they do not have in deposit. But, gold and silver are not actually wealth. Either
current or future consumable value must underlie the currency/fiat money that circulates.
Value can be stored in goods, services, either tangible or intangible, currently
manifest or committed to be produced, that are perceived to make life more pleasant.
The bank with a note, contract, promise, or commitment from a reliable, trusted,
hard working person to produce wealth/utility in return for money owns a true reflection
of wealth. The FRB system is not a deceptive system as long as the depositors are
informed of the practice. The system is not unreasonable as long as the debtors
are creditworthy, productive, and capable of repayment of value plus interest.
FRB can be abused and cause the collapse of an entire economy if the bankers lend
money to clients who are unworthy credit risks. The Subprime Mortgage Crisis was
caused by government’s attempt to put unproductive people in homes they could not
afford. The CRA (Community Reinvestment Act) forced banks by law to loan to unworthy
creditors. Eventually the system collapsed because those who had been loaned money
did not produce the required value plus interest.
Summary of the considerations regarding the Fractional Reserve Banking system:
- Fractional Reserve Banking allows a bank to loan all of the money on deposit, except
a small fraction which it must keep in reserve. After the bank has made a loan,
it may then through a complex system of deposits involving a commercial bank, the
bank may then make a loan on the assets represented by the first loan, with the same
a small percentage withheld in reserve.
- The Federal Reserve can use the banks as a vehicle to expand the money supply. If
an original deposit of $100 was made by the Federal Reserve into the local bank,
and the local bank had to keep 3.33% of that amount in reserve, and the local bank
loaned out that money the number of times allowed, the total amount of money put
into circulation would be 30 times the original $100.00 deposited. Thus, the Fed
can use the % held in reserve, and the ease of borrowing as tools of expanding or
contracting the money supply.
- The cash reserves are by law required to be only a few percent of the total deposits.
The bank must likewise hold in reserve that same percent of the amount of money
the assets now represented by the loans it made. Current law requires the amount
of money held in reserve to be around 3%, which is the method by which the amount
of cash in circulation is increased. As long as the bank can borrow money from
the Fed to loan, there is no theoretical limit to the amount of money a bank can
loan. But, in practice banks are limited to loaning amounts dictated by the number
of creditworthy customers they can attract and contract to repay.
- Because of the regulation for banks to hold a percentage of cash amounting to a percentage
of the total loans and deposits, the Federal Reserve loans banks this money as needed
so as to meet the withdrawal needs of the depositors. The required minimum reserve
percentage may be chosen according to its intent to create monetary multiplication,
or simply to reflect a realistic requirement a bank should have on deposit at any
time to meet the demands of depositors.
- The system of calling a loan an asset is not immoral because there is actually value
associated with a borrowers commitment to repay with value. The loan, while it is
an asset, is not as liquid as cash. Nevertheless, it represents value because of
the commitment by people to produce value.
- The creation of wealth associated with the loan proceeds as follows: the debtors
have been given cash, and have contracted to repay that value. The contract to repay
a loan has with it a complex of elements that motivate the production of new wealth.
1) The contract gives value to the borrower in the form of a cash loan (Note: the
money loaned is considered valuable because of the faith place in those notes by
the market), 2) the loan contract includes the specified amounts and times of repayment,
3) the loan contract elaborates the terms of enforcement in the case of breech of
contract, and 4) the loan is made on the condition of the trustworthiness, character,
and reasonable judgment and expectation of his willingness and ability to produce
value in repayment of the loan.
- The work exerted by the borrower over time results in the production of wealth,
value, and utility, which are ultimately available for consumption by the market.
Thus, effort by people to produce service and value is the essence and source of
wealth. Production of value is ultimately dependent upon people, and evaluated as
valuable by people.
- Note: real estate, which is created by God, acquires value and ownership by the original
process of claiming, defending, and improving it. Likewise, the tools of production
and automation have a value associated with the effort exerted by the owners and
the value they provide as determined by the market in comparison to alternative solutions.
- If the terms of the contract of the banking industry were concealed from the depositor,
and the depositor was given the assurance that all his money would be left untouched
awaiting his withdrawal, then the fractional reserve banking system would be deceptive
and hence immoral. But, the contract of Fractional Reserve Banking is open knowledge,
even though the typical depositor is not given a detailed description of the theory
and details of its methods and macro economic implications. Possibly there is an
element of deception in the fact that these details are not proactively disclosed.
But, being realistic, this level of deception is the same as most contracts which
contain a large amount of fine print qualifiers. Thus, while the level of being
informed is small compared to a graduate education or seminar on the disposition
of bank deposits, it is nevertheless open knowledge and available for examination
for those who choose to exercise that due diligence. The level of deception in Fractional
Reserve Banking is somewhat similar to that used by the typical salesman extolling
the virtues of a product while glossing over its limitations. The remedy to such
ignorance depends only on the vigilance of the consumer, hence Caveat Emptor, buyer
beware. But, the bottom line is that the Fractional Reserve Banking System is not
immoral, nor beneficial to only the bankers or financial elite. The public wants
a secure economic platform, as they should, and if properly administered, the system
can provide a method of introducing new goods and services into the market and expand
the money supply to provide a purchasing medium for the consumer.
- The more important issue is whether the bank by the practice of Fractional Reserve
Banking is in some way creating inflationary dilution of the value of the money supply.
If this system was in fact inflating the money supply, and inflating prices, it
would be violating the very essence of the trust the depositor has placed in the
bank – keeping his money in safe storage for retrieval upon demand with interest.
The purchasing value of the dollars deposited should correspond exactly to the value
the dollars will purchase upon withdrawal. But, a casual examination of the prices
50 years ago compared to the prices today reveals that we have experienced a steady
and significant inflationary devaluation of our currency over time.
- I do not believe we should blame the fractional reserve banking practice for the
inflation of prices. As explained above, the bank/lender has engaged in a compact
to give value, and the borrower to repay value plus interest. Such a contract with
vetted borrowers is at worst a time delay problem where the rate of consumption has
not yet equalized with the repayment. If the system is large and the process ongoing,
the worst disparity between money created by loans, and value repaid is the rate
of growth of the loans. If the economy is to expand via this method, then an incremental
increase in money supply over the production is unavoidable.
- Thus, given that the banking system has within it an equalized contract between money
loaned and value produced, a more likely culprit for the inflation of prices is the
gross differential between taxation and government spending.
- Governmental deficit spending results in the purchase of goods from the economy with
fiat currency, without a corresponding contract by government itself to engage in
actual productive enterprise to to produce value to pay for its consumption. Thus,
governmental spending may be the cause of the increase in the money supply that results
in inflation. The corresponding decrease in available goods, and increase in cash
put into circulation by its fiat injection, leads to the inevitable inflation. Such
is the normal price changes in a market with more dollars chasing fewer products.
- Returning to the issue of the bank loan and the contract by the borrower to repay,
there will be a time lag between borrowing and repayment. The more rapidly loans
are made, the more rapidly the money supply will expand. If the differential is
large between money supply and production, this could certainly be a cause of inflation.
Realizing this, the Federal Reserve manipulates the prime interest rate so as to
produce a greater or less flow of borrowing. The theory dictates that borrowers
will borrow less when they are required to pay higher interest rates. And, such
is probably true since everyone uses cost of money in their analysis of profitability
prior to engaging in new productive enterprise.
- The system is fairly stable and predictable, within limits. We do not expect massive
withdrawals or purchases. It would be easy to overtake the productive capacity of
the system if everyone decided to withdraw or consume at the same time. But, in
a stable society, people engage in habitual rituals and the overall economy displays
a predictable rhythmic flow of various parameters.
- Again, the policy of lending more than is in deposit is open knowledge. Individuals
can be aware of this practice by due diligence in research. There are alternative
instruments for saving and investment and it is incumbent upon each investor to do
his own research and evaluate the various risks and rewards. The market, at least
today, does not coerce investment other than through taxation.
- Possibly the addition of a competitive Central Banking system would moderate the
excesses or foolishness of the Fed in their attempts to manipulate the economy by
monetary policy. This is probably not workable, but in some way the wisdom of the
Central Bankers should be held to account by the market.
- As long as the environment for consumption, production, and trade is free, and the
prices are free to float to reflect supply and demand, the Fractional Reserve Banking
system is simply a means of facilitating the creation of contracts to produce value.
The Federal Reserve:
- The Federal Reserve has been impugned as being at the center of the cabal to transfer
wealth, and remake society in the image of the European bankers. This all may be
true, but I cannot verify nor deny it. Rather, I shall choose to note that the Federal
Reserve provides a valuable role in stabilizing the economy against bank panics.
But, the problem with any insurance system that prevents failure is that it can
support sub-optimal productivity and encourage unwise investment because of an artificial
shielding from risk. Government subsidy and rescue from failure, can shield a person,
business, or institution from the cost of their own poor judgment. The major concern
with government intervention in financial rescue is the perpetuation and reward of
unprofitable ventures and policies. (Note the GM-Teamster’s pension, health, and
unemployment fund. The economy should have been protected by reverse tariffs if
we really want to support workers having such benefits. As a moral people, we should
not patronize an industry which does not value life at the same level as we claim.)
- The extreme free market Libertarian perspective is to allow businesses and individuals
to fail and thus learn from their failure. The extreme Liberal/Socialist/Communist
approach is to rescue everyone from poverty and failure, and for the State to own
all businesses and set all prices. Neither of these extreme poles are without their
associated cost.
- The socialistic malaise of government insured stability produces stagnation and a
regimented society inspiring little initiative or risk taking behavior because of
the lack of reward.
- The totally free market, without regulation or governmental guidelines of any sort
can be perverted through monopolistic forces and create the attendant worker’s dystopia.
Advocates of the free market argue that all social and economic ills will be eventually
considered and properly resolved by the invisible hand of the market.
- I choose to stand in the middle between a totally free and totally regulated economy.
The economy and government could function together in a dynamic balance that always
searches for creating a market that manifests as the best possible solution for a
given environment.
- Such an excellent outcome could arise if the Constitution were actually implemented
with a limited Federal government, and the States exercised their power to establish
laws governing commerce, environment, morality, and education, and the market were
left largely to regulate itself by supply and demand. Such a nation would function
best if the people were educated and committed to the principles and spirit of Christian
relationship. Such was the vision of the Founders, but it has been perverted. Currently
the Supreme Court and its Federal Bench subordinates have taken the authority of
law into their rulings and now create public policy by their adjudications. The
courts now dictate and rule over the legislature and the will of the people regarding
the moral direction of the nation.
- The result of government regulation in every aspect of production, consumption, and
contracts, is that little freedom is left in the market by which to exercise the
initiative of risk, invention, entrepreneurship, and market leadership. Government
has shackled business with regulations that are probably made with good intent, but
are stifling to production and more situation appropriate regulation. The result
of the increasing detail of government regulation is the production of a de facto
near-socialist governmental-economic system.
- I believe the central bank of the United States (The Federal Reserve), serves a valuable
purpose, but its function and power can be abused. The free market solution is to
let banks fail, the liberal solution is to rescue and then manage. There are times
when bank risk has been improperly assessed, and such flagrant disregard for exercising
proper judgment in making loans is cause for allowing a bank to fail. But, there
are times when the larger economic entity, the general economy changes direction,
and a run could occur because of the external context of the economy, rather than
the misjudgment of risk by the bankers. In such a situation, allowing a responsible
bank to fail is an unnecessary lesson delivered to a victim.
- My concern is that the Federal Reserve may be using the money it collects in interest
for influencing social policy. I cannot prove or disprove such accusations, but the
mere presence of doubt, and the apparent lack of transparency in such a central function
of the government justifies the calls for an audit of the Fed. In its defense, the
Fed can help stabilize the economy and banking industry if it is managed with accountability
and transparency.
- If managed improperly, the Fed can make decisions to support unwise banking, fiscal,
monetary, and produce inflationary economic policy. If the Fed actually chooses
to use money from its coffers to shape the social order in its desired image, it
could do so by using the interest gathered from its lending functions to support
the creation of its social vision. A move to call into public account the Fed’s
transactions reflects this concern. If this conspiratorial fear is true, the Fed
could be the agent by which its considerable wealth could be used to influence government,
industry, and media. It is possible that the Fed may be an/the instigating agent
behind the socialization and secularization of our society. Thus, to resolve this
problem, I fully support an audit of the Fed.
- Returning the assumption that the Fed is behaving in a responsible manner, and staying
within its bounds as a servant of the established order, I believe that interest
gathered by the Fed from its lending activities should be used as another income
source to State and local governments via a rebate from the Regional Federal Reserve
Banks. The funds so generated should be directed to fund local projects deemed worthy
by the elected representatives. The projects should be broadly beneficial, rather
than used as de facto campaign contributions from the elected officials to gain reelection.
- If the public is informed about the activities of the Fed, and if governmental officials
were actually held accountable for their decisions, and if the people actually lived
by a True standard of Christian Righteousness, then the Fed could be one tool used
in a well regulated stabilization of economic expansion. The problem with the Fed
directing monetary policy and the expansion of the money supply is that men cannot
integrate the near-infinite variables that together balance and produce price and
economic trends. Thus, men often misjudge the market and establish policy that seems
foolish or counterproductive when viewed in hindsight.
- But, the market is not infallible either. The forces that produced the Sub-Prime
Mortgage Crisis were initiated by Jimmy Carter, given full power and force of law
by Bill Clinton. The full insanity of the government-demanded requirement to loan
money to unqualified lenders came to full fruition only in the later years of George
W. Bush’s administration. If the market were the all-wise, fully integrating force
of the Libertarian’s faith, then it should have been able to compute something so
entirely destructive as this policy. But, it was not able to do so. Instead, the
unthinking market simply collapsed one day rather than looking ahead and responding
with a proactive warning.
- We could simply say that government is the problem, and that the market would have
never engaged in such suicidal financial irresponsibility if they were given autonomous
control. This may be true. Still, the market has not shown itself to be an excellent
judge of future trends and dangers, and to assume that we will avoid financial pain
by simply allowing the market to correct itself is probably incorrect. Thus, we
are pitting the issue of freedom vs. Stability when considering the market vs. State
solution to regulating economic activity. I suspect the proper solution and balance
will come between these competing forces by combining a wise and subtle guidance
from government, with a largely free and moral market self-governing itself. Part
of this solution should be only occasional intervention in the change of law, and
that only because of a change in the structure of the economy due to changes in technology
or the political atmosphere. Stability in the realm of rule of law is extremely
important in the context of making contracts for investment, thus government should
avoid micro-management of the economy.
- If each individual were contributing its best, if the people were moderated by conscience
and wisdom, if the market were allowed to set price and provide products and services
demanded by the public, if government legislated only the broad principles of Righteous
moral tone with its regulations and policies, then the society would expand in its
felicity and we would be one more step closer to manifesting the Kingdom of Heaven
on Earth.
The Super Wealthy:
The Super Wealthy are those who have attained the pinnacle of achievement of the
free market system. This statement integrates the concept of inheritance which is
merely the overflow of riches from a previous generations efforts in the market.
They have won the trophy for the game of capitalism, the place of honor and achievement
promised as the prize for running the economic rat race. But, as noted, these winners
can become the masters and lords of the land with all others becoming their serfs
in this economic feudal kingdom. The Super Wealthy can overtake the machinery of
government to restrict the competition, and give competitive advantage and tax advantage
to themselves. The coalition of the government and the Super Wealthy is akin to
establishing a free market monopoly. In response to the excessive advantage gained
by the Super Wealthy, the general public or the remnant of the competition may attempt
to use government to restrict the scope and influence of the Super Wealthy. Thus
begins the battle to restrict the monopolistic control of the market by erecting
legal barriers. The ultimate end of such restriction becomes a de facto government-run
semi-socialistic market.
The Libertarian solution to monopoly is to let the market adjudicate the benefit
or harm being caused by the monopoly, and to patronize them or not. But obviously,
the very nature of monopoly is the lack of competition, and the consuming public
will patronize a monopoly if they supply a necessary product regardless of their
level of service, product quality, ecological impact, or employee care.
The Libertarian notes that monopoly can only exist in perpetuity with the help of
governmental protections, since no economic stranglehold is sufficiently great to
erect a barrier to competition for all time. The Libertarian response to regulating
monopolistic abuse is to allow the market to adjudicate the price, quality, ecological,
and social impact of each corporate entity, and allow competitors to arise to give
alternative. And, over the grand play of history, the competitive forces will probably
produce the desired effect of moderating the abuses, and the economic freedom inherent
to the free market will be reflected in the general society.
The disadvantage of the free market solution is the length of time required for the
response to monopoly. The disadvantage of the governmental solution is the blunt
and unthinking intervention that will necessarily be applied by law, and the unavoidable
unintended consequence of laws.
Thus, as usual, the solution is a combination of the two extremes. Government should
pass only laws that embody general principles of goodness and excellence for group
and individual conduct. Law should not be a prescription for specific behavior in
all circumstances for all people. Rather, government should attempt to codify the
best vision a society has for itself in the various fields of public and private
life as a generality.
The judging of compliance with this vision should be left to the wisdom and discernment
of the courts. Those who have complaints should bring them against individuals or
corporate entities, and the arguments for and against the complaint should be heard,
weighed, and judged by a wise counselor. The field of law should be the most respected
and those who practice it should be the most accomplished in life. Each case should
be heard in depth, the specifics should be argued and judged on its merits and the
associated moral code.
The enforcement of the sentence should be carried out by the executive branch. The
administrators of justice should in essence be the managers, the overlords that check
and test and insure that the sentence and remedy are carried out as prescribed. These
are the managers of managers who bias the productive machine by slight interventions
and subtle pressures.
As envisioned, the market will function at its best and most beneficial when the
corporate entities of commerce are self governed with the goal of providing good
service, and compensating its employees with a wage considered fair by comparison
with the larger economy, and whose business practices are open, honoring of the environment,
appeal to the general mean of the social esthetic, and provide products which enhance
the general health and welfare of the constituent public.
The system of government and economy will thus function together, not as warring
factions, but as complementary aspects of the same tool of society and mankind. The
goal is the enjoyment of life, and given that life has unavoidable pain and hardship
embedded within it, the goal of economy, and the law that governs it, is to optimize
the excellence of function of that duo of society-directing tools.
Embedded within this vision of a governmental-economic partnership is the implicit
standard of Right which must govern the establishment of law, the judgment of circumstance
in relationship to that law, and the commitment to enforce and act in a Right manner.
Which brings to bear the question of, “What is right law?”
And of course, the religious philosophical precepts of the people, the general morality
of We the People will govern and self impose its standards upon Law, Justice, and
Action. I propose that the standard of justice from which to judge the goodness
of men’s actions, and one to another is best elaborated in the Holy Bible. I believe
that a nation whose measure of Right is based upon that standard will always be correcting
its present position as it considers the standard of perfection as presented in the
metaphor of Holy Scripture.
Some may object that operating the government under the standards of a specific religion
violates the right of each man to choose his own religion. This may be true it the
sense that the individual will not be able to force the government to impose standards
which reflect his particular religious bent. The fact is, that all law is legislated
morality, and it is law the dictates the patterns by which a society shall follow.
The goal of law is to produce the standard which directs the society in the best
and highest behavior as regards the individual and the group. As envisioned, there
is no national religion in the sense of prescribing a form of worship or belief for
the individual. But, there is a moral standard by which government chooses to establish
the patterns of law. I propose that we use the same standard upon which this country
was founded and establish law based upon the scripture and God of our Judeo-Christian
heritage.
This solution would resolve the dilemma of libertarian vs socialistic government.
The market would remain free to execute the form of service it found best, whether
monopoly or unallied craftsmen. The courts would then take their proper and honored
place of making decisions based upon the principles of righteousness as dictated
by the individual circumstances of business and personal taste. The people in turn,
will be constantly watched as adults by benevolent and righteous governmental parents,
and will be both accountable for their actions to the God of heaven, and the law
of the land and its officers.
In this holistic vision arises the freedom of individual rights, the restriction
of righteous law, and the judgment of men of comprehensive vision. As children and
adults we continue to grow in wisdom and perspective. As such, our passage from
adolescence to adulthood does not mark the time of restriction by the rules of parents
to a place of unfettered expression in the fields of society. Rather, adulthood
is the time when adults should have put on the wisdom of Solomon, and self-regulated
their behavior to conform to righteous standards without the watchful and dictatorial
eye of parents judging and enforcing their view of right standards.
Thus, this vision of a refinement of the Constitutional vision of the Founders incorporates
more precisely the execution of their intent. By giving government the charge to
pass law which is only general, by giving the judiciary and its cohort of lawyers
the domain of right judgment and counsel, and by giving the executive the domain
of enforcement through upper management, the government becomes a trusted and welcomed
partner in the process of producing the greatest value in the market, and thus providing
the tools and substance by which men can achieve the most happiness that can be achieved
by effort and consumption in the material world.