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German government functions that were “privatised” or handed out to newly created corporate-
like bodies charged with performing specific functions, for example, the Gestapo, charged with
internal surveillance, and the “SS Totenkopf Verbände”, or death squads, charged with
administrating the Nazi concentration camps, were still held accountable after the war for the
“fruits” or “results” of their work.
A mere declaration by the “employees” of the SS and Gestapo that they were following orders
from their “employer”, and working with utmost efficiency to reach performance targets, such as
killing so and so many prisoners a day in the camps, was regarded as insufficient by the US
Military Tribunal to absolve them of their responsibility before the law of their crimes.
The Nuremberg Trial judgements show that no government can privatise an essential
government function in way that detaches from the activities of an agency from normative
justice, the law or principles of a Constitution Republic.
Moving a government function into an entirely “law-free” “corporate” economic zone where
the only dictates that apply are those of efficiency, targets and performance and contracts without
an reference to the ultimate “fruits” of those “efficient” activities is prohibited by law.
Murder is murder whether it is done efficiently by privatised government agencies or not.
Torture is torture whether it is done efficiently by privatised government agencies or not.
Infringements on liberty are infringements whether they are done efficiently by corporations or
not.
The regulations that these “corporations” produced to carry out their mass murder and
surveillance were deemed illegal.
Regulations are not the same as the law. That is the judgement of Nuremberg. Corporate
regulations do not confer authority and legitimacy. Only the Constitution and the Law confer
authority and legitimacy.
Presidential or Leader waivers and executive orders that gave an air of legitimacy to a criminal
system were deemed illegal at the Nuremberg Trials if they were not in alignement with
normative justice and the Constitution.
This, then, is the judgement of the Nuremberg Trials. No act of “privatisation” on the authority
of the government can abolish normative justice and the essential mandate of the Constitution
from which all government bodies derive their legitimacy. Privatised government agencies must,
therefore, also act within the terms of the Preamble and Constitution no matter and corporate
contracts cannot abolish this relationship.
Corporate contracts can only regulate the activities of the people working inside the corporation
but not the legal relationship between the corporation and normative justice and the Constitution.
For the President by use of decrees or the government to create government bodies that are in
total opposition to a Constitutional Republic where all people a right to Life, Liberty and Pursuit
of Happiness including property is, therefore, illegal and unconstitutional.
Officials are always directly accountable back and though their Office to the Constitution, to the
People by virtue of the obligations and legal relationships that flow from the Preamble,
Constitution and Bill of Rights that subordinate all other activities to these.