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Erwin Chemerinsky: Legislating Violations of the Constitution
wapo ^ | Saturday, September 30, 2006; 12:00 AM | Erwin Chemerinsky

Posted on 10/01/2006 5:14:44 PM PDT by Checkers

Special to washingtonpost.com

With little public attention or even notice, the House of Representatives has passed a bill that undermines enforcement of the First Amendment's separation of church and state. The Public Expression of Religion Act - H.R. 2679 - provides that attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees. The bill has only one purpose: to prevent suits challenging unconstitutional government actions advancing religion.

A federal statute, 42 United States Code section 1988, provides that attorneys are entitled to recover compensation for their fees if they successfully represent a plaintiff asserting a violation of his or her constitutional or civil rights. For example, a lawyer who successfully sues on behalf of a victim of racial discrimination or police abuse is entitled to recover attorney's fees from the defendant who acted wrongfully. Any plaintiff who successfully sues to remedy a violation of the Constitution or a federal civil rights statute is entitled to have his or her attorney's fees paid.

Congress adopted this statute for a simple reason: to encourage attorneys to bring cases on behalf of those whose rights have been violated. Congress was concerned that such individuals often cannot afford an attorney and vindicating constitutional rights rarely generates enough in damages to pay a lawyer on a contingency fee basis.

Without this statute, there is no way to compensate attorneys who successfully sue for injunctions to stop unconstitutional government behavior. Congress rightly recognized that attorneys who bring such actions are serving society's interests by stopping the government from violating the Constitution. Indeed, the potential for such suits deters government wrong-doing and increases the likelihood that the Constitution will be followed.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events
KEYWORDS: erwin; notsosmartguy
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To: devolve

Now we can tell Kerry to go take a flying leap!!


41 posted on 10/01/2006 8:30:48 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: potlatch

42 posted on 10/01/2006 9:01:06 PM PDT by devolve (-REFRESH- GRAPHICS---- --CITGO--HUGO--NOGO--NUKO--OSAMO--)
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To: Gay State Conservative
Five bucks says that this Chemerinskty is either an atheist,a "reform" Jew or a Unitarian/Universalist

....what I do know....is that Erwin is definitely not a male model.

43 posted on 10/01/2006 9:04:08 PM PDT by BookmanTheJanitor
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To: devolve

That one is a delemma, want him to hop on one foot across the page, lol, tumble like Murtha? Do a split with pom poms in his hands??


44 posted on 10/01/2006 9:04:32 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: Checkers
Hugh Hewitt understands the power of logic and reason, and of the original intent of the Constitution. He gives Chemerinskty a radio forum because he illustrates the "best" arguments that the left has, and those are mainly specious and misleading. Too often, Chemerinskty shows us why we are burdened by the modern liberal "activist" court, and why they do not care what original intent is, as they will argue against it when it suits their agenda, and yet bring up original intent when it suits that same agenda. This is more than disingenuous, it is intellectually corrupt, and a threat to the individual freedoms the Constitution protects.
45 posted on 10/01/2006 10:41:49 PM PDT by Richard Axtell
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To: Howlin
My first time around with Chemerinsky was during CA's Prop 209 (repealing preferential affirmative action), specifically, clause 'c'. Chemerinsky asserted that if Prop 209 were voted into Law, women's rights would be rolled back a million years. Men would be permitted in girl's locker rooms, etc. There's been lots of incidences of Chemerinsky "involvements" in cases since then, usually and only those cases with MSM interest. Confirmation Hearings. Anti-Rumsfeld ism. Electoral voting. Blah de blah.

I've read many of his opinions since 1995. I don't think he's very bright. But what he knows how to do is focus upon a particular set of wordings and base an entire platform upon his interpretation of a wee point. And write VOLUMES about his interpretation. This then, markets him up into the prime-time media venues, and permits his allied coalition socialist groups something to "hang on to" and bang their pots about". He's usually wrong. And despite the fact that his opinions and intepretations turn out wrong, doesn't seem to matter to those who vaunt Erwin Chemerinsky.

46 posted on 10/02/2006 3:54:05 AM PDT by Alia
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To: Checkers
He's got a slight Marty Feldman thing going on with his eyes.

Probably from too many years trying to keep one eye on signals from the ACLU and the other eye on signals from the DNC while standing in the spotlight. It happens, I hear...

47 posted on 10/02/2006 3:55:41 AM PDT by Alia
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To: Howlin
Tell me what he was involved in lately -- why does that name ring a bell?

I think he was one of the lawyers involved in the Wilson/Plame civil suit against Rove, Cheney and Libby.

48 posted on 10/02/2006 6:32:32 AM PDT by TravisBickle (Are you talkin' to me?)
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To: BookmanTheJanitor
...Erwin is definitely not a male model.

He prefers male models. I wonder if he's done any instant messaging recently.

49 posted on 10/02/2006 5:49:44 PM PDT by nonsporting
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To: devolve

There is NO way Kerry could be any gayer.


50 posted on 10/02/2006 10:19:23 PM PDT by dixiechick2000 (There ought to be one day-- just one-- when there is open season on senators. ~~ Will Rogers)
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To: Checkers
The 1st Amendment protects the rights of individuals to practice their faith....not just in private . But according to the dictates of their own conscience.

Forcing anyone to take part in activity that violates their code of ethics is a religion in and of itself. More accurately a bullying cult.

51 posted on 05/22/2016 2:29:21 PM PDT by RTRs Tom Lacovara Stewart (14th Amendment, 1st Amendment, Religious Liberty,)
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