From Naked Capitalism:
The principle of popular sovereignty is the idea that a government’s power derives only from the consent of the people being governed. The Constitution’s first three words—”We the People…”—establish from the very start that the United States government draws its authority and legitimacy directly from the people. The concept of popular sovereignty differs from the old monarchical belief in the divine right of kings (in which the monarch was said to draw his right to rule directly from God) and also from the British principle of parliamentary sovereignty (in which ultimate authority rested with Parliament rather than with the people directly).
Making it all the more remarkable, or not, that our political class — Barack Obama, Hillary Clinton, Max Baucus and Orrin Hatch, a bipartisan caucus, the Chamber of Commerce, and the Editorial Board of The New York Times, to name a few of the usual suspects — would pursue an agreement, the
Trans Pacific Partnership (TPP) that sells out popular sovereignty to transnational investors, and allows them to rule us. I know your friends think this sounds like nutty black helicopter stuff, but it’s true! It’s true! (Tell them to watch Yves on Bill Moyers, in a really sharp transcript.) So bear with me, please, as I work through the thesis. First, I’ll look at how TPP replaces popular sovereignty with transnational investor rule, in two ways. Next, I’ll take a very quick look at the state of play. Finally, I’ll suggest that all is not lost, and in fact the TPP can be defeated.
<SNIP>
Yet in a manner that would enrage right and left alike,
the private “investor-state” enforcement system included in the leaked TPP text would empower foreign investors and corporations to skirt domestic courts and laws and sue governments in foreign tribunals.
There, they can demand cash compensation from domestic treasuries over domestic policies that they claim undermine their new investor rights and expected future profits. This establishes an alarming two-track system of justice that privileges foreign corporations in myriad ways relative to governments or domestic businesses. It also exposes signatory countries to vast liabilities, as foreign firms use foreign tribunals to raid public treasuries.
Read more at
http://www.nakedcapitalism.com/2013/11/the-tpp-if-passed-spells-the-end-of-popular-sovereignty-for-the-united-states.html
The eye-opening Bill Moyers segment with Yves Smith and Dean Baker mentioned above is
here. DU thread on it
here.
Something not mentioned in the NC post: this international court will be presided over by a judge chosen on a rotating basis from the corporate lawyers that plea cases in front of it. Its decisions cannot be appealed.
Corporate coup d'etat in motion. I hope you all are ready to get vocal to oppose fast-tracking of this secret NAFTA on steroids. I'll do my part on the corresponding and equally awful TTIP.