I am in a law class and one of the requirement is to post what they call a threaded discussion. The discussions are from my viewpoints and I will post them here. I found a rightwinger recruiter who supports Free Market capitalism, but relies heavily on tax money to do his job. So from here on out, I'll be posting what I post here too. I hope you enjoy reading my posts too.
Justin I have to disagree with you. Why is that? Because under the 14th Amendment, corporations are not human being...well they weren't, that is until Santa Clara County vs. Southern Pacific Case, where a court clerk named JC Bancroft Davis wrote on the letter-head of the SCC vs. SP decision that corporations were human entity. He was NOT a judge, but the SCOTUS says they are. But I digress. Lets look at your comments, one paragraph at a time.
Let me begin by saying I am not a lawyer, but life experience and a lot of reading helped me shape my decision:
//Without a doubt the First Amendment is called into question in this example. I must agree that the Federal Government has and continues to exercise power that it was never really intended to have. In a "free market" economy such as the United States this law can, in some regards, stifle the entrepreneurial spirit of businesses operating in this country. Should the Federal Government exercise such power in this situation? No, not according to the First Amendment of the Constitution of the United States. Our forefathers were intelligent, they understood that society, intellect, and technology would grow and morph into things they could not understand. They drafted a document that was timeless. It was written is such a way that it's words and underlying messages can be applied to a situation today.//
In a free market society, there is no incentive for any form of governmental regulation. Why should their be? Because when Reagan deregulated the scope and intent of a business, free market idealism went hog wild. What is the law, yes law, a CEO must abide by in a capitalistic society? Their FIDUCIARY duty is to make a profit for the shareholders. And how do they? By any means necessary. So less regulations means more profit. And less government regulations means more profit. So what is the role of government? To make sure that the rules are adhered to in any project. Look what happened with B.P. oil rig explosion. Halliburton poured the concrete and the govt-free-regulation caused an explosion so massive that it killed 11 people. If the government was truly regulating the oil drilling would this had happened? Nope. Now go to West Virginia:
http://www.nytimes.com/2010/04/07/us/07westvirginia.html
///The Massey Energy Company, the biggest coal mining business in central Appalachia and the owner of the Upper Big Branch mine, has drawn sharp scrutiny and fines from regulators over its safety and environmental record.
In the past two months, miners had been evacuated three times from the Upper Big Branch because of dangerously high methane levels, according to two miners who asked for anonymity for fear of losing their jobs. Representative Nick J. Rahall II, a Democrat whose district includes the mine, said he had received similar reports from miners about recent evacuations at the mine, which as recently as last month was fined at least three times for ventilation problems, according to federal records.
The Massey Energy Company, the biggest coal mining business in central Appalachia and the owner of the Upper Big Branch mine, has drawn sharp scrutiny and fines from regulators over its safety and environmental record.///
With the Mine Management Administration under the Bush administration teeth pulled out, or as you put it, less government regulation, more than 20 miners were killed and former CEO Don Blakenship of Massey mines is not in prison for murder, let alone, negligence. Oh and you can Google more stories of govt-free corporations killing people. That's why there is the government to make sure that no one dies.
//Now, what about business morals and ethics? I don't think that there is one person in this course who enjoys getting a telemarketing call at 7pm - 9pm while we are sitting down to eat with our families. Maybe there are some here who celebrate the businesses willingness to exercise it's rights in a free market economy and possibly thank them for doing so. I am not one of those people. It annoys me. In fact, I do not have a land line in my house because no one ever called me on it except telemarketers. I have held positions as a General Manager for Goodyear and I am currently a Recruiter for the military. I have worked in sales for the good part of my adult life and I absolutely refuse to cold call my customers, potential customers, or applicants. In my opinion it is counterproductive. Businesses have lost sight of there most precious resource for growing there enterprises. Building rapport with their target markets and referrals. If a customer has a pleasant experience they will tell 20 of their friends. If they have a poor experience they will tell 100 of their friends. Some businesses today operate with such greed that they will rape and pillage their customer base until there is nothing left. If you don't believe me look around you...government bailouts for businesses? Really? If you want to EARN someone's business, yes I said earn, how would you do it. Call them during dinner with their families or give them a reason to do business with your company?//
A recruiter, eh? You know that you are regulated by the government? But I digress. The people complained about the cold calling from 7-9 p.m. and Congress listened. Prior to all the complaints, there were cold calls from telemarketers. Congress did the wishes of the people. Another interesting question, how did the telemarketers get the numbers of an unlisted phone number? I'll tell you how, the numbers were sold and the names attached. Who sold it? Unscrupulous businesses who found it profitable to sell numbers you and everyone entrusted the corporations to NOT pass out from their kindness of their heart. When that failed, www.donotcall.gov. We demanded it and the law was passed. Businesses have no morals or ethics. Their goal is to make profits any way they can. And as a recruiter, they would use the soldiers you and many of the recruiters to do their bidding. Again, remember the gulf oil explosion? B.P. ordered the Coast Guard to create a zone to keep people, the press and everyone away from the beaches. This included a no-fly zone
http://www.thomhartmann.com/blog/2010/06/bp-enforcing-no-fly-zone
Why is a BRITISH corporation telling OUR U.S. military to enforce a law over OUR seas? Let me give you a hint,, it's called fascism. The corporation, who according to your quote should have ethics and morals, is ordering U.S. military to keep U.S. citizens out of our U.S. oceans. Does that make sense? Is it for our safety? Even at 3,000 feet? A BRITISH corporation is telling OUR government OUR military to censor AMERICANS and to place us in prison for violating a law that DOES NOT EXIST???
//So how do you stop a business from calling you at all hours soliciting their product? How do we change the landscape without relying on the Federal Government to spend millions or maybe even billions on a law to shield us from corporations? How do we install thought and consideration back in the minds eye of companies in this country? We do it...all the BSs and BAs and MBAs who have taken or will take this course. Lets stop relying on our Government to save us and save ourselves. The question posed here is easy to answer. The law is not Constitutional, but the Constitution did give us another type of power. The power to change our environment and our lives so that we can live them how we want to live them.//
Funny thing, you being a recruiter, rely on the government, the government being we the people to supply your MREs, toilet paper, food, training, barracks, vehicles, WMDs, V.A., health care, dental, visual, and other benefits through taxes. If the 14th Amendment means anything, then under Equal Protection, then supplying should be in the hands of the corporations and not we the people. But I don't agree with that. therefore, think of baseball. The umpire is the government and the players are corporation. There are strike zones, there are balls and fouls. The players play with so may rules and regulation so that no one has the advantage. Take away the umpire and the pitcher throws a wild pitch and screams STRIKE ONE YOU'RE OUT! Well guess what? The batter is out. Why? Because there is no umpire to regulate the game. The same can be said about www.donotcall.gov. What makes you think that any corporation would abide by your wishes by not calling between 7-9 p.m.? Heck, 8 p.m., 9 p.m.. 10, 11,midnight, 1 a.m., 2, 3, 4? Someone as you said may pick up and buy something, but I won't nor would you, so what is preventing this from happening? government regulation.
//You might be wondering why I am ranting about this topic. Maybe you don't care, but this is one example of how the people have let a government control almost every facet of their being. It always starts small, maybe it "helps the people" in the beginning. Eventually though, we have given up our rights. I love my country more than I can explain with words. I have fought for this country and it saddens me to see where it is going. I am NOT saying overthrow the government. I am not radical. I am an American who is proud and wants to see the people I protect prosper. I want to see the Constitution that I swore to protect with my life endure.//
Then allow the government to function. Allow the people to live in peace. If there are no rules and regulation, then we truly live in a fascist nation. When FOREIGN corporations can use AMERICAN military...you know, people like you, for whom we pay our taxes to, to defend THEIR interests, I see a problem with that. I love this country and that's why I want regulations.
//Business men and women of the future or present. Lets change it up alittle bit. Lets earn the business of our customers, lets show them courtesy and compassion, lets operate our business within the limits of the Constitution and let our moral compasses guide us at the same time. If I could bottle common sense, I would be a millionaire (and I wouldn't need a telemarketing team to sell it).//
It's already bottled, it's called regulation. Now spread it so we won't have to worry about corruption or dead U.S. citizens.
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