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Friday, July 06, 2007
Ed Feulner :: Townhall.com Columnist
A Victory for Free Speech
by Ed Feulner
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There’s a reason we call it “Independence Day.”

More than 230 years ago, our Founding Fathers made a claim that must have struck most foreigners as absurd: “That these United Colonies are, and of right ought to be, free and independent States.” In the years ahead, Americans would fight and die to make that boast a reality.

Even with the Revolution won, though, governing the new United States wasn’t easy. After 11 difficult years, some of those who declared independence in 1776 were back in Philadelphia to draft a new governing framework. Their efforts produced the most important document in American history: the Constitution.

It’s been folded, spindled and mutilated over the years. Still, it survives largely intact, something that’s certainly worth celebrating with fireworks. Good timing, in fact: The original meaning of the First Amendment was partially restored by a key Supreme Court decision recently in FEC v. Wisconsin Right to Life.

By a 5-4 margin, the justices tossed out one of the unconstitutional applications of the McCain-Feingold campaign finance act. Congress passed the act in 2002 to limit the amount of money groups could spend on political campaigns and the ways they could spend it. McCain-Feingold was billed as a “reform” act, but what it really did was limit the First Amendment rights -- the free political speech -- of many individuals and groups.

In FEC v. Wisconsin Right to Life, three justices pointed out a certain irony: The (supposedly) immensely powerful unions and corporations that were the target of McCain-Feingold couldn’t block it in Congress. And once passed, it ended up suppressing the political speech of at least one small, grassroots organization of Wisconsin pro-lifers.

Congress shouldn’t have passed McCain-Feingold and, of course, President Bush shouldn’t have signed it into law. As he noted, the Act “present[s] serious constitutional concerns.” For example, he said, “individual freedom to participate in elections should be expanded, not diminished; and when individual freedoms are restricted, questions arise under the First Amendment.”

But Bush left it up to the courts to address those “questions.” The results have been mixed. In 2003, the Supreme Court let most of McCain-Feingold’s restrictions stand, including its ban on many types of political advertising 60 days before a general election.

In FEC v. Wisconsin Right to Life, however, the court allowed grassroots advocacy groups to … well, advocate. “When it comes to defining what speech qualifies as the functional equivalent of express advocacy subject to [McCain-Feingold’s] ban,” Chief Justice John Roberts wrote, “we give the benefit of the doubt to speech, not censorship.”

But that’s not as sweeping as it sounds. The court also left parts of McCain-Feingold intact, so we can expect other legal challenges.

In 1776, a group of patriots brave enough to defy the British Empire vowed to build a new and better country, one based on liberty. Because they stayed true to their principles, we’re Americans today.

This summer, politicians should ask themselves if they’re upholding their end of the bargain. Before they enact future bills, they ought to consider carefully whether each measure is constitutional. If not, it is their sworn duty under the Constitution to see that the measure does not become law.

Our policymakers shouldn’t wait for courts to “do the right thing.” Indeed, lawmakers should act to repeal unconstitutional laws. That may sound audacious and unlikely. But it’s nothing compared to what our founders went through. Defending our constitutional rights is a responsibility that falls on all of us as freeborn citizens of the greatest republic in history.

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About The Author
Dr. Edwin Feulner is president of The Heritage Foundation, a Townhall.com Gold Partner, and co-author of Getting America Right: The True Conservative Values Our Nation Needs Today .
 
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This is why I say the verdict is
still out on the Roberts/Alito appointments. Here was a chance to elliminate this entire law. They nibbled at it.

To Gabby
let us pray that a real conservative gets elected in 08. We have two Justices that died last year but are still hanging on until a Dem is elected.

I also pray that if a Dem is elected that the Repubs remember how the Dems obstructed nominations and act accordingly. I do not want to see any more confirmations of Ginsberg types with a 97% yes vote.

McCain
The MSM harp on McCain's falling poll numbers and point out his support for the war. I believe a much larger reason for his standing among conservatives was his effort to gut the Constitution.

You expect someone like Teddy K. or Pelosi to act that way but when people in your own camp do it it is infuriating. He deserves the treatment he is getting.

To CharlieS
Stevens, big liberal is 87
Ginsberg, communist is 74
Souter, big liberal is 68

Constitutional v. statutory
Although I agree with Mr. Feulner on most matters, I am not sure that the Constitution -- in particular the INTENT -- is 'largely intact'. Much of the mechanism of 'government' seems to be doing exactly what the Constitution and Bill of Rights were designed to PREVENT.

Sure, the Supreme Court 'interprets' -- but how many of the 'interpretations' were by 5-4 or 6-3 decisions and how many decisions have overturned not only 'lower court' rulings but even previous decisions of the Supreme Court itself?

In addition, 'the People' were told that the branches of government -- even the bicameral arrangement of Congress -- AND the Bill of Rights were put in place to protect 'the People' from 'government'. To guarantee that 'government' didn't misconstrue or abuse the powers with which 'government' was entrusted under the Constitution.

The mere fact that many Senators and even the President seemed to be representing foreign nationals who had broken our laws -- possibly even violating our right to be protected from invaders BY GOVERNMENT -- seems to indicate that SOMETHING is radically wrong. Coupled with all the other things 'government' has forced upon us -- including a presumption that 'rights' belonged to government to hand out or withdraw as 'government' sees fit, often selectively.

The fact that legislatures can pass bills signed into law by the President only sometimes get to be ruled by a 5-4 decision to be Constitutional, we find even that decision subject to change if there are personnel changes in that Court. Very few individuals and definitely not 'the People' have any idea what ‘protections’ the Constitution guarantees any more.

Far from representing their constituents according to the INTENTION of the Constitution and Bill of Rights, more and more we find ‘government’ more interested in CIRCUMVENTION than Constitutional INTENTION.

With the sole exception of Amendment III, which Rights listed in the Bill of Rights has ‘government’ not attempted to nullify or severely limit, often successfully, for many years? One poster mentioned ‘eminent domain’, now where on Earth could some one reasonably conclude that “Private Property” belonged to ‘government’ solely to increase tax collections – according the intent of the Constitution? When ‘foreign’ law and judges are cited as a basis for over-ruling American law, when did we the People say we expected to be under or even accepted ‘foreign’ law – which the Founders and Ratifiers had sought to escape in order to ESTABLISH our own laws?!?

How does one conclude that ‘Constitutional’ does not provide absolutely EQUAL rights to ALL citizens,? Being ‘interpreted’ to mean that some citizens deserve less Rights than others and must be punished for some alleged ‘sins’ of their 4 or 5 generations removed forbears who were conducting a Constitutional although abhorrent business does not seem Constitutional or even ‘fair’. After all, Brown v. Board was INTENDED to end racial discrimination – not just switch ‘allowable’ discrimination to another race.

So, I must state unequivocally that I do not he Constitution is ‘intact’ or even doing well. It seems to have been dead long buried in an unmarked grave. Until 'the People' take action on many fronts as they did on the illegal immigration 'not amnesty' amnesty bill, it may reamin dead and buried instead of alive and well. 'Alive' does not mean 'living' in the sense of ever changing, but in the sense that it is effective in what it was intended to accomplish -- and protect.


Respect to persons is sin

By Ed Feulner


Their efforts produced the most important document in American history: the Constitution.

It’s been folded, spindled and mutilated over the years. Still, it survives largely intact, something that’s certainly worth celebrating with fireworks. Good timing, in fact: The original meaning of the First Amendment was partially restored by a key Supreme Court decision recently in FEC v. Wisconsin Right to Life
---------------------------------------------

I do believe the same force the Founders rejected to rule over them and this land, are the ones among us who are wanting the history, the liberty and the rights to be removed.

What is different today from then?
Nothing.

Same battle the Founders fought and declared their Independence from, the value of one man over another.

In their day he was a King, in our day he is a judge or a politician.

The very moment any of us give up a right we have fallen under the rule of man and not God.

Men abuse rights and only God gives rights, and is the knowledge the Founders passed on but is being fought today.

Nothing new, and is also the same battle over and over again throughout history and religion.

This will never be overthrown even if individuals succomb to the rule of men and not God as the true giver of Rights.

Declaration of Independence can be declared by each of us with the same SPIRIT these words DECLARE TO THE WORLD.


231 years old and is brand new today, and never will be abolished by men.

THE FOUNDING PRINCIPLES
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

The Foundation for all Liberty and Americans, God.
The Founders to a man understood this and is who they looked to for their help.
Even as recent as 1962 Americans understood this eternal; truth.


quote:
1962 (July 5), House Prayer


The Chaplain, Rev. Bernard Braskamp, D.D., offered the following prayer: Psalm 11: 3: If the foundations be destroyed what can the righteous do?
O Thou Eternal God, may our minds and hearts be stirred with a deepening sense of patriotism and gratitude as we continue to think of that day of high and holy memory in our national history when a company of God-fearing men were guided by Thy divine wisdom to sign the Declaration of Independence

Grant that the blessings of freedom, which were purchased at a tremendous cost and which we prize so highly and are privileged to enjoy in such an abundant measure, may always be coordinated with the spirit of self-discipline.

Help us to cling with increasing tenacity of faith and fortitude to the great truth proclaimed by George Washington in his Farewell Address that religion and morality are indispensable and our national greatness if we allow them to be subverted and obliterated by secularism.

Hear us in the name of our blessed Lord. Amen. (Source: Congressional Record- House, 87th Congress, second session, 108/9, Thursday, July 5, 1962, 12703.)



Let us all return to the same Source of Liberty.


One Sovereign in the Universe
And it is not the Supreme Court.

It is not the US Congress

It is not the US Senate
It is not the US President

The Founders recognized this fact of LIFE!

And referred to the Father of Light as the ONE Judge of men whose Judgment cannot be overthrown.

Even when mankind ignores these Judgments of Natural Law.

Those Laws are impeachable by arrogance or ignorance of mankind.

All we need to do today is read the words written by these wisest of men and hold them fast to our hearts and minds and TEACH THEM TO OUR CHILDREN.

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

when in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them,


IT IS THE LAWS OF NATURE, RIGHTS COME FROM GOD AND NOT A COURT HOUSE OR A LAWYER




Addendum
Quote myself:

Those Laws are impeachable by arrogance or ignorance of mankind.


And only for himself, not me or any lover of Liberty from God alone

talent scout
Exactly why God must be denied or at least ignored in order for man to become supreme. Then we can craft the perfect society. It might take an Auschwitz or two or a repeat of the 'Great Leap Forward' to do that but you know there is a price for progress.

The Love of God
Is the Foundation for all Liberty for all men.

Americans today have fallen under sins against this Liberty and have replaced the Love of God with the "love of money".

The root of all evil.

Instead of going into a Church House to Worship the Lord of all, many today foucus all their devotion to the god of commerce, our government today is in bed with merchants and not the people.

Which is pointed out was to happen 2000 years ago.

Revelation 6:

5 And when he had opened the third seal, I heard the third beast say, Come and see. And I beheld, and lo a black horse; and he that sat on him had a pair of balances in his hand.


6 And I heard a voice in the midst of the four beasts say, A measure of wheat for a penny, and three measures of barley for a penny; and see thou hurt not the oil and the wine.
-----
The above has been fullfilled in our time, commerce has been the focus of governments.

The pale horse is now out of the gate and governments are taking notice as we all are.

All over this world we see violence and death, growing daily from the hatred of mankind for the Laws of Nature and Natures God.


7 And when he had opened the fourth seal, I heard the voice of the fourth beast say, Come and see.

8 And I looked, and behold a pale horse: and his name that sat on him was Death, and Hell followed with him

Gabby writes to Vic that what is ....
... disgusting is that (the president, Mr) Bush signed it.

More and more often, though, what is most often disgusting me, is (the president, Mr) Bush.

This example of his attack upon our beloved fraternal republic's very fabric is but one of the ceaseless and endless barrage of such attacks that have marked his "presidency:"

From "no child left ..." untaxed and unregulated and un-enslaved and uneducated by the feral gummint;

Through steel tariff taxes and obscene agriculture/ethanol corporate welfare scams;

Through the abrogation of his primary responsibility to defend our sovereign borders (that will define his "legacy") and;

His effective incitement, encouragement and facilitation of the criminal alien invasion and hostile colonization of our nation that every day sees another 8-10,000 criminal alien reinforcements join the army of those already here?

With a "president" like Mr Bush, who needs a traitorous, hatred-driven nincompoop Cartah or a recidivist, treasonous, predatory, lying, looting, thieving, mass-murdering, psychopathology-projecting, co-serial rapist gangster b*stard son of a Hot-Springs, Tom and/or Dick and/or any Buck-or-two-bearing Bubbah Blythe?
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