The following essay was submitted to the office of the U.S. Trade Representative for a congressional committee to read; and the video above offers examples of citizens speaking to their county legislature in support of resolutions to Congress in opposition to the fast-track bill 28 fascistic Democrats in the House voted to support. Fascistic is a word that is better understood, in the case of the TPP, as uber-fascistic. Readers are encouraged to use any of the comments in the video above or essay below to ask your local government to become TPP-Free Zones.
American Law and the Trans-Pacific Partnership
The American system of government, bestowed on us by the Framers, is generally considered democratic self-government. The TPP would replace that understanding over a wide swathe of laws, regulations, procedures and rules with corporate self-governance. The TPP is both un-constitutional and fascistic in two, specific characteristics of its genesis. Additionally, the enforcement tribunals function as a legal, corporate protection rackets.
The TPP is not a “free-trade agreement.” It is a Trojan horse for international, corporate self-governance. Corporate rule is a phrase that ought to send chills down every patriotic American’s spine. The 9th of the 14 characteristics of fascism is the “protection of corporate power.” The TPP, TTIP and TiSA will impose corporate power across much of the global economy. The TPP would be a brazen, international power (to write laws) grab by the global economic elites over democratic self-government and national self-determination. The TPP would impose corporate power on all legislators in 12 nations; it is a narrow conception of uber-fascism!
The desire for increased trade from lower tariffs and floating currencies is desirable, but again, the TPP is not about just free trade. It has no proscription against currency manipulation and will therefore make the U.S. trade imbalances worse, much worse.
Chapter after chapter of rules regulating commerce with other nations have been crafted by corporate lawyers and executives and representatives of the Executive Branch of government. Unlike the TPP, which is written in legalese, the Constitution was crafted in plain English; and the commerce clause is clear: Congress shall regulate commerce with other nations. The only possible Executive Branch authority in its creation would require the TPP to be deemed a treaty which it is in fact. However, the TPP is unconstitutional because Congress was not involved in the creation of the 5,500 + page commerce regulatory “agreement” and because it’s a treaty being voted on as if it were a sacred law that cannot be amended by the people’s representatives. It’s neither a law or a treaty because the Trade Promotion Authority literally amended the Constitution without an amendment being passed by Congress and ratified by the states. The Trade Promotion Authority itself is unconstitutional.
The proposed regulations are to be enforced by private, supranational tribunals that are empowered to overturn national and local regulations that protect the public interest for the purposes of the private interests of corporate profits. Think about a protection racket: According to Cambridge Dictionaries Online, they are “a criminal system of taking money from people in exchange for agreeing not to hurt them or damage their property.” The Country of Origin Labeling Law should demonstrate the dangers of ISDS tribunals. COOL was repealed to avoid having $1 billion in retaliatory import tariffs imposed on the U.S. Transnational corporations will continue to get their way or else the people will pay higher taxes to cover those corporate protection “penalties.” The ISDS Chapter of the TPP will function as a corporate protection racket!
What is at stake is something that has been under international law for over 350 years. The Treaty of Westphalia established in 1648 the principle that nations are in charge of their own policy. The Regulatory Coherence chapter of the Trans-Pacific Partnership would take economic policy out of the hands of government and puts it in the hands of un-elected lobbyists and executives of the corporate interests. Many principled conservatives and libertarians are saying wait a minute; how can a government allow its laws be declared illegal by a private, international court?
Under the TPP, more American jobs will be outsourced. Thousands of American factories were shut down and millions of American jobs were outsourced to Mexico because of NAFTA. The TPP is NAFTA (three nations) times four (12 nations.) Perhaps even more concerning, the TPP Commission (Chapter 27) allows members nations to interpret the agreement “in the future.” This “trade agreement” will morph into something else that no member of Congress can know of when voting on it this year. Passage of the TPP will make the One Hundred Fourteenth Congress the First Congress of Global Fascism whether TPP proponents admit that or not.