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Restructuring the American Economy?

Questions continually arise concerning the manner in which public and private education are paid for, the relativity of income to productivity, and the reliance of labor upon immigration. Many believe that the current economic structure of America is a centuries-old conflict between Wall Street financial interests and Social Welfare humanitarian interests. This macroeconomic view possesses questions as to why the American economy is not structured in such a way that one person may obtain a livable income from one fulltime position of employment. This has been expressed in the absence of due civil and criminal law enforcement, academic truancy, and the collapse of the family. The social and economic pressure arising has been relieved for centuries in the structuring of private sector attorneys and law firms who earn less than they proportionately contribute to the economy and do so without the security of more than an at-will contract of employment. The stress placed upon client seeking attorneys has delayed and prohibited much advancement in the United States.

With current technological advancement, private sector attorneys may guide and fulfill client requests while both increasing employee security and achieving objectives of higher efficiency and profit. In doing so, attorneys would provide insight into the modernization of the American economy. For where much improvement in American law might have occurred, the longstanding economic structure permitted the expanse of the corporate sphere without the guidance of the legal. Further expression of this phenomenon is evident in the income structure of state and federal agencies, especially in light of the tradition of social, political and legal deference to agency expertise, paid far less than its merit.

In looking anew at the American economy, the public and the leaders of its representative democracy should see modern technology as a source of revision in the theory of “trickle down economics” and of the definition of “productivity.” The result should be significant economic reform.

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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.

Is There A Panacea For The Masses?

World history contains reference to the many forms of communication shared. The lyre player, knight, storyteller, dramatic troupe, athletic league, not to mention pamphleteer and more. All impart a unique view of current events. The number and diversity in these forms ensure that there is access to information.

The question arises: how should these various forms of communication be governed? We ask what is the proper purpose of the regulation? And, how extensive should this regulation be?

The extent of regulation should depend upon the purpose of the information. Is it intended as a panacea, a manipulation. Or, does it reflect the obligation of certain nongovernmental institutions to provide sufficient information for the public to maintain its representative democracy.

To review and decide upon rules governing our information, both leaders and the public must define the concept of manipulative panacea. Is the purpose of the information moral, legal and rational? All regulations should place a duty to safeguard the public from communication that improperly influences and deludes more than informs.

Improper influence and delusion is often imperceptible. Thus upon whom is the burden to decide whether something constitutes honest information, regardless of whether in the form of musical performance, drama, athletics, printed material or other forms of communication?

In the thinking of some we do not begin as we become. We are formed and develop as we learn, absorb and reflect. This we do individually and collectively as we communicate. Perhaps purpose and intent and not content should govern our expressions of community.

Lori Gayle Nuckolls

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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Is There A Universal Morality?

In our world, we individually experience rites of passage and achieve a meeting of the minds, a collective understanding that a development has taken place. Our understanding is based on knowledge of facts and ideas acquired from both mental and sensory views of life. Even according to the 1901 publication of a noteworthy, yet controversial, Continental Philosopher:

To the extent to which knowledge has any sense at all, the world is knowable: but it may be interpreted differently, it has not one sense behind it, but hundreds of senses…

Consequently, we should defer to our collective appreciation of reality and the law that governs our existence.

We may disagree, one with another, about the law and our governing leaders. If so, we must look to the role in politics and society that law and government permit us. To change law and or society, we may only participate in the specific manner we are allowed. Participation begins with the act of daily self-governance. In doing so, we will together understand and change our lives and world.

In America, we made certain promises at its founding which we are achieving gradually through many transitions in society and government. Ultimately, we seek to create a country of equal opportunity in a popular melting pot of free choice. Ideally, our schools, churches, clubs and places of employment will permit unfettered access and participation in a meritocratically ruled government and society.

In thinking of the recent transition in the American Presidency, we should evaluate governing leaders and the policies they propose by the same standards with which we govern ourselves. In no way may we hold them accountable to standards higher than our own.

Lori Gayle Nuckolls

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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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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

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Natural Aristocracy In A Time Of Digital Technology

Transitions in history often occur when scientific and technological development create social change. Our 21^st century of the postmodern era portends such social change. The digital technology before us and continually advancing, whether it be mobile phones, social media, websites, virtual reality, cryptocurrency, artificial intelligence, or the myriad not mentioned and not yet invented, are a social conundrum. In implementing this new technology, a safeguard is required to provide government by society’s intellectual elite.

The objective of every democratic republic is a society of individuals treated equally by governing law. Equality is not economic; it is in the right to participate equally and to be accorded due and just reward for one’s ability. In the wisdom of a British philosopher and politician of old, Edmund Burke, this was, and should ideally be, government by a natural aristocracy. It arises from the population of the republic, from the citizens academically cultivated who defer their social doctrines and privileges to those of their country.

The American democratic republic, as well as those around the globe, rely upon an effective self-governing citizenry. This citizenry arises from a society of individuals whose ability to self-govern is cultivated from their early years. Self-government and participation in society depend upon academic institutions and cultural attributes that are both inclusive of all and supported by a national government that is derived from the country’s natural aristocracy.

Today, we look to our social melting pot, as popularized in the theater of the early 1900s. We use our governing democratic institutions to cultivate children into adults, both as citizens and immigrants, to place the role individual in society first and foremost before all other affiliations. Each individual must learn to self-govern and participate in the various strata of society and the governing institutions as a self-governing individual. Cultural and social duties and privileges are subordinate to the obligatory patriotic devotion to one’s country cultivated in children and adults.

In enjoying the advancements of our increasingly more computerized society, we should ensure that social and governmental advancements parallel all scientific and technological advancements. We must guarantee that no harm results. In benefiting from new technology, we need not experience the historical dialectic of: advancement – destruction – development.

Democratic republics are not founded upon tyranny, irregardless of whether an autocrat or the public majority. The invention and application of digital technology must be accompanied by education for all and government by the republic’s best and brightest representing the people. Only when a natural aristocracy governs is a democracy a country of equals.

Lori Gayle Nuckolls

The Hegelian Dialectic Of Capitalism And Socialism In The American Bureaucracy

Socialism may be impossible yet it is unavoidable and must occur in cycles of reform with Capitalism. In the Hegelian theory of dialectical materialism of existence, critique and synthesis in remedy and solution, Capitalism is destroyed in part periodically by Socialist reform and then reborn again. In the United States, Capitalism is structurally restrained by bureaucratic reforms based upon theories of the public interest, nationalism and the commonweal, all theories of Socialist empathy.

The U.S. Constitution creates three branches of government: the Legislature, the Executive and the Judiciary. The President, as a modern Executive, is empowered with an enormous regulatory bureaucracy which is overseen in a manner of checks and balances by the other two branches. This modern bureaucratic state has placed upon the private sector a primary motive of being that departs from the for-profit motive of Capitalism and imposes that of ensuring legal compliance. In a complex era of high technology and big industry, this Socialist leaning is unavoidable if Capitalism is to survive. And, such regulation, though democratic and Capitalistic in spirit and theory, is Socialist in result.

This dualism, the points along a continuum of Capitalism and Socialism, in the philosophy of G.W.F. Hegel, is humankind’s striving toward the absolute freedom of the species in actualization of an unknown Idea, the consummation of evolution. Regardless of one’s belief in the source or definition of the Idea, humans evolve incrementally, improving life in their community. The various elements of the community each evolve along the Hegelian dialectic from existence to critique to synthetic improvement. The many elements include: religion, science, philosophy, art, literature and education. An additional element is the economic Capitalist-Socialist continuum which evolves in dialectical form and is expressed in the governing structure of the community.

Through rational, reasoned reform of its Capitalist governing structure overtime, America has achieved its current bureaucratic state. This bureaucratic state is currently in a period of contraction, with the undoing of some Socialist theories and returning to earlier thoughts of Capitalism. Much of the current trend toward a rebirth of Capitalism is a result of new technology and the creativity it has inspired in the area of commerce. Entrepreneurs are emerging in all business sectors. Americans who enjoy new goods and services and a sense of patriotism economic creativity engenders ask for reforms in government to facilitate further business development.

The current expression in America of this phenomenon, of a demand for government and economic creativity, is not a full destructive critique of Socialist expressions in the American government and economy. Rather, it is an expression of the Janus dualism in human nature. As history indicates, humans are innately inquisitive and acquisitively self-interested. Humans as a species are also affectionate and emphatic. From the beginning of Colonial America until the current presidency, America has evolved in cycles of “boom and bust,” high surges in Capitalist creativity and profit absent imposing regulation to despairs of economic failure and the lessening burden of governmental business safe harbors and social safety nets. This is an example of the philosophical construct of dialectical materialism.

In example, the legislature acts in response to changes in popular will with developments in human history. Citizens ask for a repeal of burdensome laws in times of business prosperity and, in turn, for social measures in times of hardship. Unlike legislators, judges are bound by codes of ethics to abide the rule of law first and foremost as it embodies theories of democracy, fairness and justice. These theories should be immutable regardless of the nature of economic times, regardless of boom or bust. So, to what do we attribute judicial repeal of time honored legal precedent, especially when these changes in the law coincidentally parallel new economic events and changes in popular will?

Judges exercise independent judgment absent partisanship. Yet, in the spirit of Ludwig von Mises and great thinkers from time immemorial, judges acknowledge the essential qualities of human nature – self-interest, greed, empathy and affection. So, too, judicial opinions reflect changes in history and socio-economic developments over time which avail themselves of the Hegelian dialectic as expressed in Capitalist and Socialist theory. An essential question exists as to whether the judiciary must respond to the import of the human creativity these qualities produce and the effect of human creativity upon the community the judiciary governs?

The American public should discuss the nature of governmental reform as expressed by changes in rights and privileges incumbent within the rule of law. The primary focus is the Hegelian dialectic of the Capitalist-Socialist continuum.

Colonial America expressed the dialectical continuum with the beginning point of the existence of the individual rights possessed by Native Americans. The discoverers of the New World were encouraged by developments in the means of maritime travel to conquer the Native Americans and, in Capitalist fashion, usurp their property in a theory of survival of the fittest. Yet, the Colonials stepped away from their own usurper, the English monarchy, through many acts and demands of social welfare, namely the survival of humans as individuals, possessing equal rights of individual self-governance and self-determination in a communal environment. The history of Colonial America is one of synthesis for England imposed tariffs as a large, usurpations government providing for English citizens. Yet, the Colonial and Early Americans, themselves, engaged in a Capitalist plantation economy with Socialist theories of paternalism in the maintenance of the institution of slavery and indentured servitude. Native Americans, even today, benefit from theories of Socialism.

The American Civil War began a critique of the Capitalism of the slave economy. It began with individuals forming the Underground Railroad and the act by predominately Northern slaveholders of permitting slaves to purchase their freedom through learning gainful labor or acts of unrestricted emancipation. The Socialist critique of the then existing Capitalist American economy consummated with the act by President Lincoln of emancipation.

In response, to newfound competition of Americans of African descent, the judicial opinion of Plessey v. Ferguson was issued imposing business restraints upon Black Americans. This, too, is a dualist, synthetic critique expressing Capitalist and Socialist theories. For, it provided a Socialist business subsidy to White Americans thereby encouraging competition at the expense of Black Americans. The Socialist correction was Brown v. Board of Education. Intervening was extensive public reform in the creation of the American Bureaucratic State in the form of the New Deal.

America continues the challenge of the bureaucratic state in the modern era. Much regulation is currently challenged to permit new forms of industry. The Hegelian dialectic provides material synthesis of contradiction and paradox to form new laws from new customs and new legal developments in the private sector of contract law and business formation.

The remedies proposed for the laws currently governing bureaucracies in America are equally along extreme points in a continuum. Some purveyors of conservative legal thought seek a return to theories of non-delegation which would extensively negate the power of Congress to delegate “legislative” power in the form of rulemaking to bureaucratic agencies. More liberal points of view on the continuum would support agencies by expressing great deference to their exercise of rulemaking and adjudicative powers owing to their expertise in highly specific subjects requiring centuries of experience.

In America, we rely upon the judiciary to honor a truly just midpoint along the Hegelian dialectic of Capitalist and Socialist reform. With the U.S. Constitution in place, we will never return to an economy that is too Capitalist or evolve into one that is too Socialist.

Lori Gayle Nuckolls