America is still a democracy, I hope, and firmly in support of the capitalistic economy philosophy – people are free to do as they please. This freedom rejects government restraint and relies on the competing self-interests of the people. In simple terms, “what’s good for business is good for the country.”
But, is America going off the deep end of capitalism toward fascism? “Fascism should more appropriately be called corporatism because it is the merger of state and corporate power.” So said Benito Mussolini, the founder of modern fascism in 1922 Italy. How much of a democracy can exist under a fascist system that places government power in the hands of corporations? Just look at the fantastic wisdom of the US Supreme Court in its United decision that corporations are people and can make campaign contributions. And how about its Kelo decision where the court redefined “government use” as “government purpose” and took away a person’s home for private corporation development.
And then there’s this thing called a planned community, with its corporate form of private government commonly known as a homeowners association. Where law firms and property management corporations have extreme influence or almost complete control of the HOA. Where the legal structure and pro-HOA statutes favor the corporation government over the rights, freedoms, privileges and immunities of the people.
In a democracy, how could this come to be? In a democracy the answer must lie in the will of the people that either supported this evolution, or idly stood by and did nothing. Mayer wrote (They Thought They Were Free), speaking of the Nazi take-over of democratic pre-war Germany, that the “good” Germans went along “in the usual sincerity that required them only to abandon one principle after another, to throw away, little by little, all that was good.” In America today, Rev. Jim Wallis wrote in 2010 (Rediscovering Values), “What has been deliberately and carefully made ‘socially acceptable’ was, not too long ago, thought to be irresponsible – both financially and morally.”
It was the will of the people, the voice of the majority that spoke and elected our representatives: the President, Congressmen, and state legislators and governors. And it is the voice of the people to accept HOAs in spite of its rejection of our founding principles in favor of corporatism, with its self-interest motivations for profits and property values. And we have become true believers in that “what’s good for the HOA is good for the member-owners.” Or, has the voice of the people become the voice of the corporations?
American founding principles stand at odds with the self-serving HOA corporatism of the HOA-state objectives, which prevail over our founding principles. This is the fundamental issue to be resolved! And it cannot be resolved without legislation that addresses violations of our founding principles as contained in American organic law – the US Constitution, the Bill of Rights, the Articles of Confederation and the Northwest Ordinance of 1787.
In a democracy, the people must act to reject corporatism/fascism and demand conformity with American principles of democratic government. But, that first requires the election and enlightenment of representatives who understand the need to return to our founding principles.