As an integral part of Barack Obama’s legacy as a Constitutional Lawyer and President, his Constitutional Protection foundation is focused on improving the lives of all the Peoples of the United States.
In a direct quote, Obama said:
“In harmony with my oath of office, in which I swore to uphold and protect the Constitution of the United States, We are focused on enhancing and strengthening Constitutional protections for all people in the United States, in opposition to forces who practice a close reading of the Constitution with intent to devise mechanisms to exploit apparent loopholes. Such maleficent behavior benefits only a small group of very wealthy people in the US, and is anathema to my principles and our shared history.”
The Obama Presidency takes pride in leaving a legacy of:
- protecting the people of the United States from overt state surveillance of all their activities, ensuring all residents of the United States have access to health care,
- ending wasteful foreign entanglements,
- respecting and broadening peoples’ right to a fair trial wherever they live,
- closing extra-territorial prisons,
- encouraging people to participate in Unions through so called “Card Check” laws,
- challenging the so called “Right to Work State Laws” with strong Federal legislation based on individual rights under the US Constitution’s commerce clause,
- achieving this with a firm majority in Congress by having the most transparent and open administration in US history!
One program released by the Barack Obama Foundation is a Constitutional review of all trade treaties, especially those which provide unequal privileges to different parties. Two particular areas of focus in the Investor State Dispute System (ISDS) are being followed by the Constitutional Protection Foundation.
First, the foundation questions the equity of the ISDS provision which only benefit foreign corporations in the US. The Foundation is exploring two challenges; the first is to expand the ISDS mechanism to all people of the US, both real and “persons at law”; the second is to have the inequalities in treatment on the basis of who the person is at law stricken from US compliance with the treaties. The foundation believes in freedom and equality before the law, not for some, but for all!
It seems that there are two ways to ensure equality; we can choose either equality under the law with ISDS for all, or equality under the law with ISDS for none. To be fair, there are no other options.
ISDS for all under the law was quickly dismissed as infeasible, because with ISDS for all, every action by every level of Government becomes impossible, because there will always be someone who claims the state’s action has limited his or her profitability. This would force the state to become paralyzed and unable to act, resulting in a complete collapse of rule-of-law, (also know as a Libertarian Paradise,) similar to the wonderful Governance in Europe in the dark and subsequent feudal ages.
The remaining options, ISDS for some and ISDS for none are now further examined.
In this context we have to include international relations, because unlike the US, some countries actually have real Sovereigns, and their Governments cannot be sued in a court of law; they are only subject to political rule. Examples of such backwater, oppressive, and/or feudal states (which cannot be sued by their populace unless the state gives permission) include The United Kingdom, Canada, and Australia, some countries in Europe, and other monarchical systems. While we often praise our founding fathers for rejecting the Monarchist style of government, the US has not yet been universally successful in removing a similar lack of accountability on the part of those taking part in our Governance systems.
Following the recommendations of the outgoing Obama administration, the US is implementing a set of regime changes under its new president, Donald Trump, to correct the huge policy deficiencies worldwide.
For these regimes-to-be-changed, ISDS is not an option , because they could be constitutionally incapable of responding to the demands of investors by their very style of Governance. These states also outright reject the very notion that their ignorant peasants could actually challenge their betters, and the Crown; some thought is being given to reinstate both death penalties, and transportation by sailing ship to Antarctica. Revolting peasants? Indeed.
Which brings us to ISDS for none, or rule of law, under a Constitution where the courts continue their role of being the final arbiters of the law, and the Parliament, AKA the Legislative Branch of Government, actually represents the people.
The Foundation believes the last option is the best for the people. However huge barriers exist to its implementation – Mountains of Greed.
In a recent news report, Denizens of Wall St have indicated they might cease to fund the Obama Foundation if it follows any path other than “ISDS for some,” but the Obama Foundation believes it must live up to its founder’s example, and must resist the pressure from Wall St. The foundation is optimistic that its funding from Wall St. will continue, and that the popularity of its founder can only increase.
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