(Global Tax Deal, in Bed with Mrs Market , Part 2)
by A. Irmanputra Sidin, PhD in Constitutional Law/ Constitutional Lawyer
==> Part 1
Jakarta, February, 9, 2025
Mrs Market is people who created, managed or driven businesses that produce goods and services of all needs of civilization. They grow with creativity and innovation to make lives easier and chill day by day, to reduce, to solve and to remove all of the problem that human being face along this time and the future. That is the Mrs Market. Mrs Market needs people as professionals, executive officer, workers, distributor, companies, other forms of supply chain to the buyer and end users.
Mrs Market also need the government that are ruled by the people, of the people and for the people. All people are the market itself, so it means that the Government and other branches of power created, formed and ruled by the market. Mrs Market absolutely need the market existences.
Although in my previous articles, I said that the market are slightly above of the state and the constitution but the market are actually still depend on both. Why? because the state hold the power in the making policy, law and it make a deal with other countries that will impacted to the national and global market. The market itself has no constitutional power to make policy, law and agreements that would binding constitutionally to the people, only the power of the government owned it.
The market have no legal capacity to make an agreement between them, because if customers or other businesses entity suffered losses caused by unfair businesses competition such as monopoly, cartels, oligopoly or other unfair or unnatural forms and unreasonable market economy, people or other entities of businesses will shout to the government or to the parliament to snitch them as a fraud or an evil. If their’s complaining could not get satisfy outcome and the economic losses the people, costumers or other businesses entities keep increasing, the riot may happen.
Why the market need the power of the Government (power of the state), because the market especially Mrs Market always tend to compete between each other “tend to war” you may called trade war. If no intervene by the power of the state, the trade war would make the market ineffective and stuck. Notwithstanding, by intervene constitutional power of the Government, trade war could be prevented but only limited in domestic or national area as a sovereign countries.
The market also may snitch or complain to Mr President (government) and Parliament that Mrs Market has made them suffered, scammed and losses. They might cry, shout, yelling even riot with their outrages, and when it happened, only Mr President could stop it and protect it all, because Mr President hold the power of law enforcement, hold the power of the police to secure and protect and hold the power of military to make maximum protection and security. That is why, the market and especially Mrs Market could not sleep without a hug from Mr President (in Bed with Mrs Market).
Nowadays globalized economy, the market could not stop flowing limited in the area of the sovereignty of the states, the market should get a connection to other market in other countries across the globe, so the trade war between them in the global market are still tend to war. The market has no constitutional power to stop it by making laws that would effective legally binding to people as customers, businesses or other entities. They have no law enforcement officers to upholding the laws. The market only could make private agreement between them as long as , it will not create fraud or loss to the people or other entities or not violated public law. .
Only the Government could make and uphold the law to people and the market, so the market would operate stable and securely, but the Government could not permanently stop the trade war between all the market. The Government could only make the war decreased of intensities, make the market more calm and the trade war changed “more civilized”. So that is why, if we hear the term of “trade war” between US, China, Russia or other countries, actually its not the politician or the Government is on war but the market is the one that is at war.
Even the market was thriving globally and all human being relies their lives to the market, but Mrs market could not make law to maximize revenue and earning that they should capture every times. Because in the trade war, so many revenue and earnings would lost, because every countries usually impose higher tax and tariffs. So that is why Mrs Market should connected to the Mr President, Mrs Market needs to get closer to Mr President.
That is why, all tech titans, business moguls, kiss the rings of Mr President and attended the inauguration day. Not only because that it is very important moment of the history, but they need Mr President, they need the constitutional power of Mr President.
Global Tax Deal, Constitutionality?
After Trump inauguration day, Mr President announced Presidential actions about The Organization for Economic Co-Operation and Development (OECD) Global Tax Deal. Memorandum for the Secretary of the Treasury , The United States Representative, the P{ermanent Representative of The United States to the Organization for Economic Co-Operation and Development.
The memorandum consist of some instructions that The OECD Global Tax Deal supported under the prior administration not only allows extraterritorial jurisdiction over American income but also limits our Nation’s ability to enact tax policies that serve the interests of American businesses and workers. Because of the Global Tax Deal and other discriminatory foreign tax practices, American companies may face retaliatory international tax regimes if the United States does not comply with foreign tax policy objectives. This memorandum recaptures our Nation’s sovereignty and economic competitiveness by clarifying that Global Tax Deal has no force or effect in the United States.[1]
To be continue …
Next
[1] https://www.whitehouse.gov/presidential-actions/2025/01/the-organization-for-economic-co-operation-and-development-oecd-global-tax-deal-global-tax-deal/
*Featured Photo : Youtube AP News*
