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Nonprofit Organizations and Digital Assets, Beginning with Stablecoins

In July of 2025, the U.S. Congress enacted a law titled: “Guiding and Establishing National Innovation for U.S. Stablecoins Act” (commonly referred to as “the GENIUS Act”). This law would permit the issuance of a form of digital asset known as a “payment stablecoin” that would be used only for purposes of payment or settlement and not investment. Among various entities, payment stablecoins maybe issued by depository institutions but are not federally insured. Rather, they are supported by the requirement that every payment stablecoin issuer maintain a reserve fund of equal value to its outstanding payment stablecoins in U.S. dollars or items of a similar form.

In the course of implementing the GENIUS Act, the U.S. Department of the Treasury requested comments from the general public with respect to future regulation. The memorandum below was submitted in response.

From: Lori G. Nuckolls, Public Policy Researcher and Writer, Philosophy, Law and Politics (lorigaylenuckolls.blog)

To: U.S. Department of the Treasury, Attention: Office of the General Counsel, 1500 Pennsylvania Avenue NW, Washington, DC 20220, Via Electronic Submission: https://www.regulations.gov

Re: GENIUS Act Implementation Comments, TREAS-DO-2025-0037, 90 Fed. Reg. 45159-45163 (Sept. 19, 2025), 90 Fed. Reg. 47251 (Oct. 1, 2025) (Submission date extension) 

Date: November 1, 2025

I. Introduction

           The GENIUS Act, 12 U.S.C. §§ 5901-5916 (2025), was enacted with the legislative purpose of providing legal guidance and regulation in the use of stablecoins as a digital asset. A statutorily created “payment stablecoin,” denominated in U.S. Dollars, would be issued by legally approved entities and would allow entrance into the digital marketplace in a safe and sound manner. 90 Fed. Reg. 45159 (Sept. 19, 2025).  In regulating the issuance of payment stablecoins by subsidiaries of depository institutions, specifically nonprofit depository institutions such as credit unions, the U.S. Department of the Treasury should consider regulations that support and permit as well require the nonprofit organizations to honor their asserted charitable mission and purpose. With respect to the credit union, this would be pursuance of its historical mission and purpose of enabling its governing members to obtain access to historically unavailable financial services, develop financial literacy, and transition into a competitive socio-economic environment premised upon self-government and self-sustainability. Credit unions which have already successfully entered the heretofore unregulated digital asset marketplace offer extensive and direct training to leaders, staff, and members to avoid financial loss.  Participation of credit unions, large and small, in a well-regulated digital asset marketplace would facilitate the long-sought self-government and financial growth of members.

           The Department of the Treasury should consider that nonprofit financial institutions bear a higher ethical standard than do for-profit entities. Their existence depends upon their reputation within the communities they serve and the absence of their engaging in intense competition with their peers. Credit unions rely upon the trust they engender in society, not to mention donors, volunteers and members. In governing the payment stablecoin activities of all nonprofits, including credit unions, regulators should premise requirements upon the principle that the trust engendered by the conduct of the nonprofit organization is based upon not only the appearance of propriety but also upon the absence of even the appearance of impropriety.

           As a consequence, regulation could guide nonprofit organizations in achieving balance between engaging in authorized emerging digital assets and guaranteeing the financial stability of the communities served. Whereas, unleashing digital assets in a scarcely regulated environment to enable the efficiency, directness and globalization emerging digital technologies provide, would be an example of dialectical creative destruction. And, this achievement of positive development while permitting a threshold level of hardship is to be mitigated in the regulatory process. Specifically, in the historically financially fragile communities of the credit union, little is achieved by regulation allowing entrance into the digital asset marketplace if the burden of greater risk is endured by the financial communities most in need. Thus, questions arise as to how regulation of the nonprofit organization is to be structured in theory and practice.

    II. Credit Union Subsidiary Issuers of Payment Stablecoins: a Theory of Regulation to Avoid the Creative Destruction Dialectic

                  The GENIUS Act currently provides that all issuers of payment stablecoins, state and federal, are required to meet federal standards. 12 U.S.C. § 5903(c) (2025).  In regulating nonprofit organizations and, guiding regulation by the National Credit Union Administration of credit unions and the distinct communities they serve, perhaps the Department of the Treasury could consider the theoretical doctrine of the “veil of ignorance” established by American philosopher John Rawls. In the veil of ignorance, Rawls suggests that society place itself in the “original position” in which each individual in society envisions oneself to not know one’s specific place in society. (Rawls, A Theory of Justice (1971)).

                  In this case, the principles of the veil of ignorance guide governing leaders and citizens in reaching agreement as to public policy, law and regulation. Choices in law would be determined by a general understanding as to what being a citizen should mean. Commonality of thought would arise from leaders and the public alike perceiving themselves guided by the veil of ignorance under which they reach decisions and enact laws without consideration of their own personal circumstance and condition. Rather, each person deems their position to be that of those most vulnerable and in need. And, in turn, they seek a legal structure most capable of providing a just and fair society.

                  Specifically, the Department of the Treasury would identify with credit union staff and members most benefiting from the financial services and training provided and least familiar with emerging digital asset technologies. Safe harbor regulations for credit unions and other nonprofit organizations would guide the ambitious and encourage the wary ones unfamiliar with the digital asset marketplace. For, both are truly outnumbered by for-profit entities. In doing so, credit union regulation, in particular, would allow financial growth through the creative use of digital assets while maintaining a safety net for the credit union governed by members most in need of financial literacy and growth.

                  The GENIUS Act and its framework for the issuance of payment stablecoins as a creature of statute is a blank slate. It enables the beginning of a new economy premised upon regulation in the John Rawls original position, derived from the veil of ignorance. For example, both regulators and credit unions, including their issuer subsidiaries, would envision themselves in the position of a credit union with truly dependent members situated in a community of similar prospective members increasing in number. To continue in existence, this credit union and its members must be knowledgeable of market development, namely the advent of digital assets. In this position, Treasury would govern  with reference to legal standards that would enable an understanding of rights, powers, and privileges, as well as the risks they engender. From this new beginning, credit unions would be able to implement risk assessment policies allowing the balancing of legally authorized conduct against the forbearance of some legally permitted activity in order to maintain trust and goodwill within the community. For, credit unions might not need to be as ambitious and as competitive as the GENIUS Act possibly allows.

    III. Conclusion

                  With the GENIUS Act as a beginning, Congress and the administrative agencies may readily provide financial regulation of all nonprofit organizations as they enter every aspect of the digital asset marketplace. In guiding this transition, the law should promote new strategies of growth and risk management as to digital assets as it has historically with respect to more traditional financial markets.

    We Must Each Participate In Change

    America is a republican form of government created by its citizenry. It relies upon an educated society. This democracy must ensure an adequate education to all citizens. Today we are in difficult times. We seek to both educate the public and provide well administered government. Education requires talent and resources. A population the size of that of the United States requires much to create and maintain an educated people.

    Over the years, many have said that America’s government is too large, its agencies too numerous. The nation’s federal agencies were primarily created during a time of hardship and need, arising during the era of the Great Depression. They have been the subject of reform since creation. Can society envision the manner in which future reforms should be structured? Does each of us individually have a sense of our place and responsibilities in the revision of our government?

    We all have an obligation to seek an education and share in that pursuit. Our nation requires it. We require it individually. Government cannot be reformed without it.

    Lori Gayle Nuckolls

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    When Was There Last Enforcement Of The American Identity?

    Why is there a declining sense of community in America? Less active participation in one’s neighborhood, religious organization and charities is occurring. Could this be a result of an increasing awareness of the current American social identity and our failing to achieve or actualize our identity as described by the literal wording in our time honored governing documents: the Declaration of Independence, U.S. Constitution, enforcing statutes and interpreting judicial opinions.  Many blame the atomization of society upon social media and Artificial Intelligence. But, perhaps, popular resort to an obsession with the arts of new technology is a remedy of this absence of human connectedness and not the cause.

    There are some attributes of personhood in America that require public discussion and enforcement by the law. For, without enforcement, trust in American society and government ceases to exist. Many of these laws in want of enforcement involve social conduct and behavior that are prerequisite to the rights and liberties of American law.  This is not a reference to the future recognition of new rights and liberties, though there probably will be some new ones overtime, but, instead, a focus upon the long ago designated crimes that undermine democratic American society: incest, truancy and  illegal immigration.

    Enforcement is necessary because American democracy is premised upon the sanctity of the individual as each person obtains learning and an understanding sufficient to engage in self-determination and self-government. Incest is prohibited owing to the scientific rationale that children produced from such relationships often suffer from genetic impairment and the social rationale that the relationships often result from abuse and exploitation creating a sense of shame and inferiority.

    School attendance is a fundamental requirement for citizens to be able to function and participate as active members of the voting public. This includes an adequate skill level in an arts and sciences curriculum, with vocational training available. And, as a nation of immigrants, America demands the absence of the abuse and exploitation of those seeking liberty from oppression in other lands. Without a path to legal residency they lead a life of illegal employment, want of civic involvement and nonexistence of social integration.

    There are newly recognized civil rights and liberties in the modern era: integrated schooling (1954), contraception (1965), integrated relationships (1967) abortion (1973) and same-sex marriage (2015). However, the theories and rationales underlying prohibitions against incest, truancy and illegal immigration support the emergence of the person upon which the foregoing more recently acknowledged rights and liberties exist as an expression. Without the attributes resulting from the absence of incest, truancy and illegal immigration, one may not partake in fair schools, private relationships and self-governance.

    We must look to the very foundation of America, below our officials in all aspects of government to the concept of the Rawlsian “original position” in which each one of us imagines that we do not know our place in society. From this position, we conceive of what our world should be. We must begin again to establish our society and government from its description in our essential documents. Enforcement is necessary according to modern terms for a modern era. And, individual existence in such a society requires a viable economic structure of single income livelihoods and feasible higher education tuition. For, even the cost of a public college or university education is beyond the ability of most parental incomes as well as the incomes of most graduates who rely upon student loan financing.

    Ongoing progress and development has and will improve law enforcement as it has given rise to the emergence of new rights and privileges, such as scientific advancements in contraception, abortion and in vitro fertilization, which have resulted in newfound debates over the meaning of life. Similarly, incest prohibitions may be reformed with scientific developments in the field of genetics.

    Currently, we must ask both government and ourselves as members of the public to look to the connection between our pervasive social ills and the absence of the enforcement of century old legal restrictions. Eliminating duplicity and inefficiency will only make our true society and government more visible and render more feasible achievement of the American dream.

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    Where Is The American Governing Meritocracy?

    America was founded upon a principle of equality of opportunity. It is world history that provides an appreciation of this ability to participate in society and government. Those well steeped in the thought, languages and literature of their era were learned scribes, tutors, and writers, from Ptahhotep, to Plato, to Shakespeare, to Beauvoir, and beyond. They are members of a historical meritocracy. 

    America must derive its leaders and elected officials from this stratum to form  a governing natural aristocracy. In the words of founder Thomas Jefferson: “[t]he natural aristocracy I consider as the most precious gift of nature for the instruction, the trusts and government of society.” America’s political parties, citizens, and residents do not benefit from governing leadership that is not of the natural aristocracy. Average Americans cannot rise to the level required to govern an ever more demanding world. The political parties must empower its intellectual elites, both within as party leaders and as nominated candidates.

    Reliance upon a governing meritocracy requires that society not engender a sense of personal inferiority within its working class. Becoming an intellectual must be feasible for all with the required ability. Respect must also exist for craftsmanship and industrial production. America needs to recognize those   meritocraticaly able in all occupations in order to provide self-governance and participation for all. Self-government is an indication of individual achievement and success in a democratic society. It requires adequate education, economic self-sufficiency, and a sense of respect and integrity so that one may maintain trust in government. Personally, I have found that discrimination undermines self-confidence and creates a sense of inferiority, especially when reinforced with an emphasis on the newly declared impropriety of affirmative action. This harm long ago found resulting from racially separate but disputedly equal academic institutions one must wonder might currently exist in racially segregated yet ostensibly separate but equal religious communities.

    A meritocratic leadership based upon self-government requires an equal access to education. Disparities in wealth have created an admission gap with wealthy families investing more in college preparatory resources resulting in a far higher level of admission to elite colleges and universities. To provide equal opportunity, government investment is needed  in public college preparatory schools of the type that have long-existed in the United States but in insufficient numbers. Such an equal access to education allows the natural aristocracy to assume positions of leadership in both the private sector and in government. 

    And, as to those not inclined to attend college, all natural talents must be valued and serve as the basis of a meritocracy. For, attribution of a sense of value broadly across all expressions of ability will mitigate the present departure of many young people from scholarship to social media.  Meritocracy should provide, in combination with the theory of self-government, a means for every individual to engage in self-evaluation and determine one’s interests and abilities at as young an age as may be possible, both vocational and professional.

    In looking for our ruling meritocracy in the results of the recent election, one may look to the candidates leading the ticket in the Presidential election: President-elect Donald Trump and Democratic nominee Vice President Kamala Harris. But, arguably, one must first ask whether President Joseph Biden would have been elected to the presidency if he had not previously been Vice President under President Barack Obama, unquestionably a natural aristocrat, even after having served many years as a publicly well known Senator?  Does Vice President Kamala Harris differ from President Biden? Do we have to admit that they are not natural aristocrats? And, must we also admit that President-elect Donald Trump arguably is one? Are we empowering a meritocracy? 

    In conclusion, in this election, was the Democratic Party merely akin to being a child appended to the hip of the Republican Party as the ruing class. The Democratic Party must consistently designate its intellectual elites if it is to gain financial independence and exist as an effective independent entity. America requires competitive political parties that respect talent and ability in all expressions. And, America must recognize that it promised itself upon its founding that representation in a democratic republic is by its natural aristocracy.

    Lori Gayle Nuckolls

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    Must Women of Color Endure Destruction to Succeed?

    In the philosophy of G.W.F. Hegel, society develops and history unfolds in a difficult and inconsistent manner. Specifically: an event occurs; the event encounters a negative reaction; and in the end progress results from the combination of the two. This is termed the Hegelian dialectic. We ask with respect to the world history of women of color whether and why their gradual social progress has endured such a step forward, step backward process to development?

    Access to training and education in all occupations and professions is necessary to permit women of color to support themselves and their families. This training and education has become more available historically yet not without hardships such as inadequate preparation, inadequate funding and inadequate networking post-graduation. The negative reaction to the positive step of access to training and education is cyclical. Without adequate education, participation in society and government is not possible to an extent that equality may be pursued legally, socially and economically. Any subsequent advancement through legal reform is minor in comparison to that accorded the pyramidal strata above women of color who inhabit the bottom stratum, socioeconomically and emotionally.

    In America, it has been legally affirmed that racially segregated institutions are improper. They instill a cultural distance, an inability to participate and a sense of inferiority. Yet, social segregation remains in schools, the workplace and social organizations. In religious organizations and social clubs, more appear segregated than not, ostensibly voluntarily. The stigma of racial segregation is upon women of color most  of all.

    Worldwide, overtime, reforms in laws, customs, and social institutions have occurred and as a result socioeconomic strata blend, academic achievement improves  and women of color have achieved a greater sense of participation in society. However, with these positive developments, in the thought of Hegel, negative reactions occur before the positive are again experienced.

    True reform should be unilateral with no reverses. Solutions abound as to how the Hegelian negative reaction may be avoided. For instance, America should look beyond the disparateness of its two political parties, a duopoly of two political parties which together dominate elected offices. It is the fact that women of color are elected to government offices more than in the past. And, this is a beginning.

    However, in the social sphere segregation remains and the two major American political parties have not addressed this dilemma. For example, the topic of the American Black church is longstanding. Churches should become racially integrated. Integration in religion is a subject the two political parties should discuss as one of cultural and social importance. Party members should express their belief in the significance of integration in religious organizations by both welcoming those of another race into their church and by expressing interest in churches with congregations of another race. Members of integrated churches should be recruited to run for office.

    Individually, worldwide, we should expand our own frontiers and explore religious organizations of races other than our own. Religious entities of one race my merge with one of another. In the words of Hegel: “Reason governs the world” through “religious truth” well- known to us. Religion through reason can guide us in social development without corresponding hardship.

    Humanity relies upon religious entities and various additional nongovernmental organizations to remedy injustice and lead in suggesting reforms. Many religions guide society in improving its customs, laws and morality. On the subject of the lives of women of color, religion should provide support for social advances and improvements and assist to mitigate Hegelian reverses. For none of us should life be akin to the rise of Jim Crow in response to newfound freedom.

    Lori Gayle Nuckolls

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    Science and the Right to Abortion

    Judicial review in the United States serves a fundamental purpose in American government, it permits the courts to ensure that the acts of the other two branches of government, the legislative and executive, abide the Constitution. In doing so it enables the sovereign citizenry to create a legitimate representative government. As American society develops it changes its views of the nation and the world and, as a result, the laws by which it lives. Over time, the views of its judges as seen in their legal opinions also change.

    One must remark that political opinions in the United States have been modified extensively to the extent that the public has completely  changed its mind on many important life defining issues. As a result, certain laws and legal opinions contradict preexisting ones. For example, the legality of racial segregation became the right to racial, integration. The illegality of contraception became the right to birth control.  The illegality of racial miscegenation became the right to interracial marriage. The illegality of abortion became a legal right to private abortion. The illegality of sodomy became the right to homosexual relationships. The illegality of homosexual marriage became the right to same-sex marriage.These changes in American law occur concurrently with noteworthy developments in social customs, science and technology that render the population able to envision present society in a new manner. Some regard these legal developments as not occurring with sufficiency to be adequate or just.

    With respect to the legal recognition of a right to abortion by the judiciary in 1973, many social and scientific developments have taken place prompting judicial restrictions upon this right in 2022. In example, in vitro fertilization is a very common practice. As a result, issues before society are when a right to life begins and whether one’s power to create this life is accompanied by a power to destroy it. Contemporary opinions also include those arising from whether there is a governmental power of capital punishment or a private right to assisted suicide for the terminally ill.

    American society must address the legal question of what constitutes life and what are its attributes.  Could the concept of in vitro fertilization include a right to property? In discussing abortion, America must reconcile its power to begin and end life with newfound scientific developments.

    Lori Gayle Nuckolls

    What Is An American?

    Horace Kallen (1882-1974) was a Polish-born American philosopher well respected for an article entitled “Democracy Versus the Melting Pot: A Study of American Nationality,” which appeared in The Nation in 1915, in two parts. In this article, Kallen discusses the principle of liberty and Americanism from the time of the revolutionary war in America to the time of his writing in 1915. He ably addresses the then and now current issue of applying the principles incumbent in the Declaration of Independence of life, liberty and happiness, over time, in a changing country and changing world.

    The American revolutionaries did not demand freedom and democracy on behalf of all residing on colonial soil at the time of the Declaration. Kallen argues that the signatories were probably not “abolitionists” in tenor and temperament, and they, themselves, “owned other men.” (190) The literal text of the Declaration ably applies words of liberty and freedom to the entirety of American society. (190) In Kallen’s view, Americanization is possible and necessary if we, as citizens, adopt a shared self-consciousness and like-mindedness based upon the Declaration and its fundamental principles.

    Necessary in Kallen’s mind is the “Americanization” of our society, every person in each generation. The philosophy of the Declaration and of being an American cannot be inherited. America is a country and society of diversity and, continues in existence as it began, as one of newcomers. All must be taught to be Americans, both the descendants of forefathers as well as immigrants newly arrived. Kallen illustrates the efficacy of the Declaration beyond the American Revolution.

    In Kallen’s view of history, the Declaration of Independence is “an instrument in a political and economic conflict” rather than a document setting forth “abstract principles” or “formal logic.” (190) It constituted both “offense” and defense” within the context of the era of Revolutionary America. The function of the Declaration was to “shield” “national rights” from those seeking to enforce the “superiority” provided by a government founded upon a belief in authority conferred by “divine right.” (190) The political and economic peril of the colony was the “occasion” giving rise to the Declaration; the cause was the “like-mindedness” and “self-consciousness” shared by the ethnically homogenous colonials in mental peril. (191) At the time of his writing in 1915, Kallen believed that ethnic diversity, development and preservation in art, literature and culture are only possible with homogeneity, self-consciousness and like-mindedness which he found resulting in individuality and autonomy by 1915.

    Yet, after the Revolution, in the 1810’s to 1820’s, the British inhabitants lessened in majority as they, themselves, migrated westward and faced relative diminution with European immigration. This resulted in ethnic and religious diversity. They, too, sought economic and political liberty and freedom. The immigrants of Ireland, Germany, France, Scandinavia and Slavic territories were present. And, in Kallen’s words, also were, in the American South, “nine million negroes, whose own mode of living tends, by its mere massiveness, to standardize the ‘mind’ of the proletarian South in speech, manner and other values of social organization.” (192)

    All residents, suggests Kallen, are “Americanized” over a period of six to seven years. (192) For, those present during colonial times, new immigrants, and citizens of our modern era are included. America’s abundant environment makes this possible in permitting a free choice, laissez-faire economy. In words that are truly applicable today: “What poverty and unemployment exist among us is the result of unskilled and wasteful social housekeeping….” (192) For, “economic equilibrium” must be reached within a population steeped in abundant resources. (192) A democratic government and meritocratic, market economy establish Kallen’s America.

    Our cultural and religious diversity grew as the population spanned from East to West. The once American aristocracy of the Anglo-Saxons of New England gives rise to a cultural leveling unto an equality at the highest plane through free social contracts and the imitation of meritocracy based upon a free enterprise market. (192) With transportation and mobile populations and public schools, America becomes a country of an American race. Said by Kallen as it might be said today.

    Kallen describes the efficacy and value of the principles of the Declaration. He subtly states that our founding principles have been newly understood. We no longer profess that all men are equal, but, as of 1914, rather that some men are better than others. In his words, “’Human rights versus property rights’ is merely the modern version of the Declaration of Independence.” (193) Further, attention in America was in 1915 focused on the “equalization of the distribution of wealth,” in Kallen’s analysis, “not socialistically,” but presumably economically and politically as sought by the signers of the Declaration. Kallen views this the “dualism” of the “rich and poor” coming to an end. (193) For, the newfound ethnic diversity in the marketplace no longer permits ethnicity to achieve class domination or monopoly. Rather, difference is based upon achievement in a laissez-faire economy based upon merit. Legal restrictions in the marketplace would only be required to counter greed profiting improperly from child labor and illiterate immigrates, etc. (193)

    The “fundamental institutions” of America are a “durable expression” of our “ethnic and cultural unity” as a “free and equal” citizenry. “’American’ is an adjective of similarity applied to Anglo-Saxons, Irish, Jews, Germans, Italians, and so on.” (193) And as Kallen’s most fundamental theory in this article, he suggests that the similarity of Americans is “one of the place and institution, acquired, not inherited, and hence not transmitted.  Each generation has, in fact, to become ‘Americanized’ afresh and, withal, inherited nature has a way of redirecting nurture of which our public schools give only too much evidence.” (193) As a result, class consciousness is not coextensive with racial division as the second generation seeks similarity. (194)

    Yet, we all, for the most part, retain our ethnicity. There is no “American” race or ethnicity. (194) Rather, the forefathers of New England were aristocrats because of their being first to arrive as all such are aristocrats in Kallen’s thought. Arising are organizations looking back upon ancestors such as the Sons and Daughters of the American Revolution in face of confrontational immigrants. The homes of forefathers and noteworthy Americans are likewise enshrined, Kallen notes. We must note that such shrines have far continued since 1915 and include all racial groups long immigrated to America. Kallen foretold the result of “inevitable equilibrium between wealth and population.” (194)

    In Part II of “Democracy Versus the Melting Pot: a Study of American Nationality,” Kallen shares his view that the American race arises from our like-mindedness which he professes gives rise to our nationality. (217) The English language is that of the majority, dominant classes. The weakness of the lesser classes promotes a sense of individuality and an inclination toward assimilation. A privilege of reinforcing language and religion of the lower classes lessens assimilation and Americanization, such as parochial schools. Kallen notes that President Wilson similarly objected to hyphenated identities and not referring to all citizens as Americans, though immigrants from another country. Kallen asks, though not challenging hyphenation: how do we achieve harmony within the cacophony of diversity of tunes that is America? For some “populations … national self-consciousness is perhaps the chief spiritual asset.” (217) In this respect, ethnic group self-respect grows with group cultural and economic development and the loss of the label “foreigner” and thus the becoming of being Americanized in public schools and libraries when they share their culture. These people came to America to escape persecution and or starvation and Americanization is a source of “spiritual self-respect” and inclusion within the “body-politic,” replete with the “responsibilities of American citizenship.” (218)

    Americanization includes four phases. First, becoming well fed and assimilating to attain economic independence. Second, a comfortable return to one’s own sense of ancestry and nationality. Third, dissimilation begins with a focus on a group’s own art, literature and culture. Fourth, a maintenance of Americanization in political and economic relationships conducted in the English language, while cultural achievements related to nationality transcend from “disadvantages” unto “distinctions.” (219) America’s institutions are the cause and background of “cultural consciousness.” (219) In Kallen’s words: “Americanization liberates nationality.” (219)

    In returning to the Declaration, Kallen reminds us that the forefathers did not possess ethnic diversity among them. In 1915, Kallen offered in contrast that democracy and federalism have encouraged the peopling of America’s land with all nationalities. Yet, in Kallen’s view, a laissez-faire capitalist economy may only be the subject of a government controlled by the plutocracy with the entire nation focused upon the country’s bountiful resources and wealth it produces. (219)

    Of greater concern is ethnic unison as we sing “America” and focus on the “conditions of life” and not the “kind of life.” (219) American law and institutions are at issue. For, they do not support the unison and union required of Americanization. Kallen called for the nationalization of American educational institutions, abolition of parochial and private schools, abolition of teaching in a language other than English and the concentration of American and English history and literature. This, he believed, would achieve Americanization. For, required is a “unison of social and historic interests,” the subject matter of our existence. In part, American law and society long ago have demanded this in its academic institutions. No more is probably needed. Rather, American citizens need to defer to Kallen’s premise that each generation must learn our fundamental principles of freedom and liberty.

    For, in addition to union, Kallen sought ‘harmony” among us. (219) We would eliminate waste and become more efficient in our social organizations and their interrelationships. By definition: “’Americanization’ – that democracy means self-realization through self-control, self-government, and that one is impossible without the other.” Our organizations must be in harmony one with another. To do so, all must be given conditions “under which each may attain the perfection that is proper to its kind.” (219) This selfhood is inalienable yet achieving it requires “‘inalienable’ liberty.” (220) We derive this from our ancestral endowment and happiness, in Kallen’s words: one’s “psychophysical inheritance.” (220) A democracy assumes that this is necessary for the self-realization of one’s innate original being. Government acts as an “instrument” to achieve democracy by liberating and protecting. To eliminate the waste and social chaos among ourselves, our organizations and our government, we must abide original principles of the Declaration and our founders. Kallen deems this the freeing and strengthening of our ethnic groups by our fundamental law and institutions and the achievement of self-realization and individuality.

    Without the foregoing, Kallen believed that social and political chaos reigned, and perhaps it still does. Yet, in his optimism, Kallen suggested that government, as an instrument was flexible and subject to change and reform, in response to “changing life” and “changing opinion.” (220) “Intelligence and wisdom prevail over politics.” When our inalienable talent and ability transcend the confusion of our “common life” a great democracy emerges. Kallen stated that it is a “Federal republic in substance a democracy of nationalities, cooperating voluntarily and autonomously.” (220) This occurs as citizens self-realize unto the perfection of their kind. Do “the dominant classes in America want such a society?” (220)

    (Horace Kallen, “Democracy Versus the Melting Pot: A Study of American Nationality,” The Nation, Part I (Vol. 100, No. 2590, pgs. 190-194, Feb. 18, 1915) and Part II (Vol. 100, No. 2591, pgs. 217-20, Feb. 25, 1915)).

    Lori Gayle Nuckolls

     

    The Economic Question, an Answer

    Democratic government does not suggest limits on wealth in a capitalist economy. It suggests due compensation for work and labor, and the property produced. From the earnest of manual laborers to the highest of intellectuals and professionals the amount paid in compensation must achieve a balanced equation. All must be paid an amount sufficient to sustain their every work day.

    With regard to the majority manual vocational class, America lives in an economy of two income households. Development in academic opportunities for women, schooling and childcare and commercial venues for purchasing our daily needs makes a two employee household sustainable with adequate incomes.

    Similarly, with regard to the learned professions, specifically academics, the highest employees of federal and state government, and non-managerial employees of multinational corporations, such as general counsels and attorneys, a true disparity in compensation exists with that paid mid-level corporate managers without justification. The American economy is sufficiently developed so that there is no longer an argument that learned professionals not be paid a truly self-sustaining level of compensation.

    Mid to senior federal and state employees, as well as law and medical school graduating students, should be paid a level of compensation that permits a balanced household budget. Currently, the salary levels paid mid-level corporate employees who do not possess an equal level of academic accomplishment or equal level of daily responsibility exceed the salary levels of those within the learned professions.

    From church to social clubs, community involvements to entertainment, not to mention the day to day expenses of maintaining one’s position of employment, adequate compensation is necessary. It must be obtained by earnest development of the American economy. But, also and more importantly, we must philosophically accord parallel and equal value to our first year attorneys and physicians, our first year professors and teachers, and our federal and state executives and judges, as that accorded our mid-level corporate executives.

    Lori Gayle Nuckolls

    The Economic Question

    How do we reform the American economy and governmental structure to provide equality as to personhood at birth and a social arrangement based upon merit? Economic and political equality look to liberty, fairness and justice within a democratic republic. Neither a fascist autocracy nor a collective state will achieve an environment for self-governing individuals. Political expressions of both the far left and the far right arise when they perceive a threat to norms they deem permanently determinative of their existence. These norms are within the innate human personality and may be only mitigated and not undone by the structures and powers of government.

    Leftist and rightist autocracies seek dominating leadership that is self-serving rather than self-governing. Both are dominated by norms that look beyond the individual to the state.

    Republican democrats in America assert a belief in the normative values of freedom, justice, equality and rule of law, supported by a belief in American patriotism. A belief in republican democracy is a midpoint within the spectrum. Our new economy will accord value to merit and provide for employee self-sufficiency within our republican democracy.

    Lori Gayle Nuckolls

    Judicial Review and the Separation of Powers

    A balance of power among the governing authorities in America requires a new look. Not so much as to the three federal branches of government, but rather as to our principle of federalism and the relationship between our states and territories and the three federal branches of government.

    So expansive a territory as the United States requires greater guidance from above through the equally as expansive federal system of government. Our Article III courts may readily provide an initial and comprehensive source of a consistent, uniform and ever more evolving body of governing law.

    In doing so, both judges and attorneys should view the law in an imaginative and creative manner that makes the most of both precedent and our founding legal precepts. Courage to look beyond one’s jurisdiction for a supporting argument when proper and prudent provides efficiency and, more importantly, an improvement to the community in which we live by encouraging polite discussion and debate.

    Citizens can discuss government and the Rule of Law over the tea and coffee cup. We do not have to wait until the throes of an election to analyze our society and government. Let’s get started.

    Lori Gayle Nuckolls, Esq.