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Archive for the ‘Trashing the Constitution’ Category

Creepy Clinton Appointee Judge Tries to Ban All Spiritual References at Graduation Speech – Gets Overturned by Appeals Court

Posted by iusbvision on June 15, 2011

View Liberty Institute’s news release and the Fifth Circuit Court’s ruling.

Watch Angela’s speech on YouTube, and see out this Fox News segment.

Fox News:

A federal judge has ordered a Texas school district to prohibit public prayer at a high school graduation ceremony.

Chief U.S. District Judge Fred Biery’s order against the Medina Valley Independent School District also forbids students from using specific religious words including “prayer” and “amen.”

The ruling was in response to a lawsuit filed by Christa and Danny Schultz. Their son is among those scheduled to participate in Saturday’s graduation ceremony. The judge declared that the Schultz family and their son would “suffer irreparable harm” if anyone prayed at the ceremony.

Texas Attorney General Greg Abbott said the school district is in the process of appealing the ruling, and his office has agreed to file a brief in their support.

“Part of this goes to the very heart of the unraveling of moral values in this country,” Texas Attorney General Greg Abbott told Fox News Radio, saying the judge wanted to turn school administrators into “speech police.”

“I’ve never seen such a restriction on speech issued by a court or the government,” Abbott told Fox News Radio. “It seems like a trampling of the First Amendment rather than protecting the First Amendment.”

Judge Biery’s ruling banned students and other speakers from using religious language in their speeches. Among the banned words or phrases are: “join in prayer,” “bow their heads,” “amen,” and “prayer.”

He also ordered the school district to remove the terms “invocation” and “benediction” from the graduation program.

“These terms shall be replaced with ‘opening remarks’ and ‘closing remarks,’” the judge’s order stated. His ruling also prohibits anyone from saying, “in [a deity’s name] we pray.”

Should a student violate the order, school district officials could find themselves in legal trouble. Judge Biery ordered that his ruling be “enforced by incarceration or other sanctions for contempt of Court if not obeyed by District official (sic) and their agents.”

The Texas attorney general called the ruling unconstitutional and a blatant attack from those who do not believe in God — “attempts by atheists and agnostics to use courts to eliminate from the public landscape any and all references to God whatsoever.”

“This is the challenge we are dealing with here,” he said. “(It’s) an ongoing attempt to purge God from the public setting while at the same time demanding from the courts an increased yielding to all things atheist and agnostic.”

 

The judges ruling was not just wrong, it was unhinged. This is what happens when political donors, cronies, political hacks and campaign envelope lickers get awarded judgeship’s as an “atta boy”.

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Posted in Chuck Norton, Culture War, Trashing the Constitution | 1 Comment »

EPA Using Tax Dollars for Partisan Advertising

Posted by iusbvision on March 26, 2011

Welcome to Chicago style corruption, just what we warned you about before the election. Just what you on the left denied would happen, is happening.

Via some great reporting at Big Government.com:

Your tax dollars at work…
The EPA is now paying the American Lung Association to attack Republicans:

[Editor’s Note – This is a billboard just a few miles north of where I live attacking Fred Upton. In a crazy ruling by the court, they handed the EPA the power to regulate CO2 as if it were a pollutant. The Constitution says that all lawmaking power rests with the Congress. It is with this “authority” under color of law (fake law) that Obama has instructed the EPA to create a Cap & Trade scheme against the will of Congress and the American people. This is profoundly and expressly unconstitutional and a complete violation of Separation of Powers.

So the Republicans are moving to take this power away. This billboard is Obama’s response. The dishonest narrative is “Republicans want to poison the air and kill this child “. CO2 is what we breath out and what trees and plants breath in, without it we would all starve. Almost any economic activity creates some CO2 so this is an “excuse” to regulate anything and everything by using unelected bureaucrats and ignoring Congress altogether.

This is abuse of power on its face, Democrats know this but just don’t care, and some Republicans are afraid of being accused of wanting to poison the girl on the billboard. The only way to put an end to this is to vote for bold conservative candidates overwhelmingly.]

The ALA put up four billboards like this one near Rep. Fred Upton’s office in Michigan. Upton is the House Energy and Commerce Chairman. (PlowShareGroup)

The Environmental Protection Agency is paying the American Lung Association to run attack ads against Republican members of Congress.

JunkScience.com reported:

“The American Lung Association has targeted House Energy and Commerce Chairman Fred Upton for his efforts to stop U.S. EPA from regulating greenhouse gas emissions by placing billboards within sight of his district offices linking climate change with increased childhood asthma,” reports E&E News PM.

But as we reported last week in “EPA owns the American Lung Association,” the EPA has paid the American Lung Association over $20 million in the last ten years, and has paid the ALA many more millions in a symbiotic relationship going back to at least 1990.

The EPA-ALA relationship works something like this: EPA pays the ALA and, in return, the ALA agitates for more stringent EPA air quality regulation, including by lawsuit. Now it’s billboards.

In addition to defunding National Public Radio, the House GOP should look at the EPA’s funding of American Lung Association.

It doesn’t matter that the EPA policies will cause your

Posted in Alarmism, Chuck Norton, Corporatism, Dirty Tricks, Government Gone Wild, Obama and Congress Post Inaugration, Trashing the Constitution | Leave a Comment »

New Documents: The ACLU’s Stalinist Heritage

Posted by iusbvision on February 17, 2011

Via the Daily Caller:

Noted author Paul Kengor has unearthed declassified letters and other documents in the Soviet Comintern archives linking early leaders of the ACLU with the Communist Party.

Kengor found a May 23, 1931 letter in the archives signed by ACLU founder Roger Baldwin, written on ACLU stationery, to then American Communist Party Chairman William Z. Foster asking him to help ACLU Chairman Harry Ward with his then-upcoming trip to Stalin’s Russia.

The letter suggests Ward intended to visit the Soviet Union to find “evidence from Soviet Russia” that would undermine the capitalist profit motive.

Baldwin wrote the letter at a time when Stalin was deporting 1.8 million Ukrainian peasants to Siberia under his policy of the forced collectivization of agriculture, which resulted in the deaths of up to 10 million Ukrainians in the two years that followed.

The Ukrainian government considers this to have been an act of genocide.

Foster was a key figure in the early years of the American communist movement who belonged to the ACLU’s National Committee in the 1920s, according to FBI documents. He later wrote a book titled “Toward Soviet America” in 1932 and also testified under oath before Congress that  he opposed American democracy.

Another letter on ACLU letterhead Kengor found in the Soviet archives dated Sept. 2, 1932 asks the Communist Party of America for a schedule of Foster’s trips around the country and offers to help keep the police at bay. It also asks for the names and addresses of Communist Party representatives in the cities where Foster was speaking.

Kengor also found a flier from 1933 advertising ACLU board member Corliss Lamont as the headline speaker for “Soviet Union Day,” which its organizers hoped would “answer lies and slanders of enemies of the Soviet Union.”

The documents found their way into the Soviet archives because the Communist Party sent all of its correspondences to the Comintern in Moscow for safekeeping, according to Kengor.

Other documents released in the 1990s by KGB defector Vasili Mitrokhin show the American Communist Party was under the Moscow’s direct control until 1989.

“These guys were advocating a regime that arguably was the biggest mass murderer in all of human history,” Kengor said. “Where is the moral authority in that?”

Kengor told The Daily Caller he found numerous other documents in the Soviet Comintern archives that also show a close relationship between the Communist Party and the ACLU.

Posted in Campus Freedom, Indoctrination & Censorship, Chuck Norton, Trashing the Constitution, True Talking Points | 1 Comment »

Justice Scalia on “Originalism”

Posted by iusbvision on February 15, 2011

Great stuff!

California Lawyer:

Last October marked the 24th anniversary of Justice Antonin Scalia’s appointment to the U.S. Supreme Court. Well known for his sharp wit as well as his originalist approach to the Constitution, Justice Scalia consistently asks more questions during oral arguments and makes more comments than any other Supreme Court justice. And according to one study, he also gets the most laughs from those who come to watch these arguments. In September Justice Scalia spoke with UC Hastings law professor Calvin Massey.

 

Q. How would you characterize the role of the Supreme Court in American society, now that you’ve been a part of it for 24 years?
I think it’s a highly respected institution. It was when I came, and I don’t think I’ve destroyed it. I’ve been impressed that even when we come out with opinions that are highly unpopular or even highly—what should I say—emotion raising, the people accept them, as they should. The one that comes most to mind is the election case of Bush v. Gore. Nobody on the Court liked to wade into that controversy. But there was certainly no way that we could turn down the petition for certiorari. What are you going to say? The case isn’t important enough? And I think that the public ultimately realized that we had to take the case. … I was very, very proud of the way the Court’s reputation survived that, even though there are a lot of people who are probably still mad about it.

 

You believe in an enduring constitution rather than an evolving constitution. What does that mean to you?
In its most important aspects, the Constitution tells the current society that it cannot do [whatever] it wants to do. It is a decision that the society has made that in order to take certain actions, you need the extraordinary effort that it takes to amend the Constitution. Now if you give to those many provisions of the Constitution that are necessarily broad—such as due process of law, cruel and unusual punishments, equal protection of the laws—if you give them an evolving meaning so that they have whatever meaning the current society thinks they ought to have, they are no limitation on the current society at all. If the cruel and unusual punishments clause simply means that today’s society should not do anything that it considers cruel and unusual, it means nothing except, “To thine own self be true.”

 

In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we’ve gone off in error by applying the 14th Amendment to both?
Yes, yes. Sorry, to tell you that. … But, you know, if indeed the current society has come to different views, that’s fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don’t need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don’t like the death penalty anymore, that’s fine. You want a right to abortion? There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it. Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.

 

What do you do when the original meaning of a constitutional provision is either in doubt or is unknown?
I do not pretend that originalism is perfect. There are some questions you have no easy answer to, and you have to take your best shot. … We don’t have the answer to everything, but by God we have an answer to a lot of stuff … especially the most controversial: whether the death penalty is unconstitutional, whether there’s a constitutional right to abortion, to suicide, and I could go on. All the most controversial stuff. … I don’t even have to read the briefs, for Pete’s sake.

 

Should we ever pay attention to lawyers’ work product when it comes to constitutional decisions in foreign countries?
[Laughs.] Well, it depends. If you’re an originalist, of course not. What can France’s modern attitude toward the French constitution have to say about what the framers of the American Constitution meant? [But] if you’re an evolutionist, the world is your oyster.

 

You’ve sometimes expressed thoughts about the culture in which we live. For example, in Lee v. Weismanyou wrote that we indeed live in a vulgar age. What do you think accounts for our present civic vulgarity?
Gee, I don’t know. I occasionally watch movies or television shows in which the f-word is used constantly, not by the criminal class but by supposedly elegant, well-educated, well-to-do people. The society I move in doesn’t behave that way. Who imagines this? Maybe here in California. I don’t know, you guys really talk this way?

 

You more or less grew up in New York. Being a child of Sicilian immigrants, how do you think New York City pizza rates?
I think it is infinitely better than Washington pizza, and infinitely better than Chicago pizza. You know these deep-dish pizzas—it’s not pizza. It’s very good, but … call it tomato pie or something. … I’m a traditionalist, what can I tell you?

 

Posted in Campus Freedom, Indoctrination & Censorship, Chuck Norton, Trashing the Constitution, True Talking Points | Leave a Comment »

Obama to Enact Cap & Trade Even Though Congress Told Him No

Posted by iusbvision on December 28, 2010

This isn’t the only thing he is doing on his own. He is also enacting several parts of the health care law through regulation that the Senate told him no on as well.

As Obama has said himself that Cap & Trade will “necessarily make the cost of electricity skyrocket”: 

This is the problem that occurs when Congress grants federal bureaucracy such wide regulatory power to enact as they see fit. The bureaucrats get such wide power to enact law through regulation that they in effect become, as Justice Scalia once described as, “a junior varsity Congress” that can pass laws that are even against the will of Congress and the people. This action takes the entire purpose of Separation of Powers in the Constitution and tosses it right out the window. While Congress does have some minor delegable authority under the Necessary and Proper clause in no way did the Founders ever intend to have a situation where all three branches of government are legislating on their own and against the will of the people.

This action shows that the Obama administration and some of the Democratic leadership have nothing but utter contempt for the overwhelming expressed will of the American people.

The Republicans in the House will have to defund the EPA or take some similar action to stop this, which means that there will be war between the new House Republicans, Obama and the Democrats.

The strategy for Obama and the Democrats will be to shut down the government unless the new Republicans in the House vote to fund ObamaCare, the reinserted “death panel” regulations and Cap & Trade. If the government gets shut down the elite media and the Democrats will blame Republicans for shutting down the government. If the new Republicans capitulate Democrats will call them a bunch of frauds come election time and say “see your Tea Party folks voted for all the same big government stuff the Democrats did”.

The Tea Party and the GOP need to get way ahead on this and prepare the American people for a fight.

Politico:

The Obama administration is expected to roll out a major greenhouse gas policy for power plants and refineries as soon as Wednesday, signaling it won’t back off its push to fight climate change in the face of mounting opposition on Capitol Hill.

The Environmental Protection Agency has agreed to a schedule for setting greenhouse gas emission limits, known as “performance standards,” for the nation’s two biggest carbon-emitting industries, POLITICO has learned.

Under the schedule agreed to by EPA, states and environmental groups, the agency will issue a draft greenhouse gas performance standard for power plants by July 2011 and a final rule by May 2012. The agreement – which comes after states and environmentalists challenged the George W. Bush administration’s failure to set the standards – requires EPA to issue a draft limit for refineries by Dec. 2011 and a final rule by Nov. 2012.

The White House Office of Management and Budget has signed off on the schedule, according to a litigant in the legal fight.

Posted in 2012, Chuck Norton, Dirty Tricks, Economics 101, Energy & Taxes, Obama and Congress Post Inaugration, Trashing the Constitution | Leave a Comment »