The courts don't own the Constitution: David Limbaugh pummels pols for jeopardizing freedoms

WorldNetDaily.com ^ | Friday, March 22, 2002 | David Limbaugh

[jpsb]

How is FR getting a radio outlet? I've been trying for years to get permission from the federal government to operate a low power FM station. All I ever hear "is don't even think about it." Just the other day the FCC checked my place out to make sure I wasn't broadcasting, came by on the weekend! I thought they were 9 to 5ers, strictly monday-friday.

I guess the PC RINO's now running the Fed are talking care of one of there own. No freaking way they will ever give me and those that think like me an opportunity to be heard. Corrupt PC RINO bastards.

[Maelstrom]

There is no benefit to having a non-Clinton in the White House if he signs the same legislation that had already been ruled Unconstitutional once.

While focusing on having "our guy" in the White House, you've forgotten that having "our guy" in the White House is MEANINGLESS in and of itself. What matters is what he does once IN the White House.

That means, my friend, that something that would be intolerable if done by our enemy is no less intolerable when done by our friend.

It's a Life Lesson.

[Maelstrom]

The unconstitutional provisions will not be back.

Sir! This is *exactly* where you're wrong. The Unconstitutional Provisions in THIS BILL ARE the Unconstitional Provisions from a PREVIOUS BILL that had been passed and subsquently ruled unConstitional by the USSC.

Thus, They Will Do It No Matter What...logic, law, and Constitutionality have no meaning to the tyrant. You cannot argue against their sheer emotion with hard, cold logic, you must defeat them, stop them, shut them down, and you do NOT shut them down by "compromising" or expecting someone else (the USSC) to do the dirty work for you!

[Countyline]

"What right do the Congress and the president have to ignore their oaths to support and defend the Constitution? What right do they have to abdicate their responsibilities to ensure that unconstitutional legislation does not become law? What right do they have to shirk their duties and confer on the Supreme Court the sole duty to uphold the Constitution?

Did you know that the text of the Constitution says nothing about the Supreme Court having the exclusive right to pass on constitutional questions? When Justice Marshall proclaimed the Court's power to declare acts of the legislative and executive branches unconstitutional in the 1803 case of Marbury vs. Madison, he wasn't relying on any specific constitutional provision."

______________________________________________________________

As always ... they do it because "it works". The Constitution does not condone abortion or gun control either, or income tax, welfare programs, federal control of education, etc. It is the same old story. Run it up the flagpole and see who salutes. In the meantime use diversion, devisive propaganda, media hype, and impugn the motives of the objectors, etc. Sickening but true.

A devise or method found "to work" will be used ceaselessly until a staunch defense is found that will stop it cold.

Until then ... rave on...

[Countyline]

"It's an imperfect world but we face the choices we face. Hoping for a choice we don't have is childish. We can only do the best we can given our choices."

"That's a cop out. That is what the RNC wants out of us. I refuse to take part in it."

___________________________________________________________

How about ... in this lifetime?

It has been demonstrated that third parties during the last 70 years are so have gone nowhere and accomplished little in the way of change. Does't mean one can not hold their valued principles: rather it means that if the third party unified and worked valiantly inside the party most aligned with these prinicples ... something might be accomplished. Not obstinate, contrariness and refusal to play the game if the game being played is not the one of their choosing. Just a thought. Not expecting it to connect to a mind already made up. No insult or slight intended. Sorry if it offends.

[lavaroise]

To them, the end apparently justifies the means, even if the means involves denigrating the Constitution.

No, to them an evil end can be justified by a legislative pseudo-legitimate "peaceful" mean.

[eaglebeak]

How, specifically, does this bill not square with the Constitution? I'm asking all over these boards and no one can tell me. The thread article sure doesn't tell me.

[lavaroise]

Limbaugh is absolutely right that relying on the supreme courts to have a constitutional way of life is patent lack of leadership, dangerous weakness and executive shyness that we do not need in this time of terrorism.

[lavaroise]

MacCain mentioned himself the rational behind the reform: the money corrupts politicians. Since when the constitution designated money as a corrupting agent and not evil leaders??? THis bill is anti-constitutional, from its motives to what it actualy does.

[eaglebeak]

But where in the Constitution is that? I'm looking for specifics here. Has anyone here read the bill? Is it online somewhere?

[The Green Goblin]

There are ways of fighting these things prescribed by the constitution.

Such as the president's sworn oath and veto power to uphold the Constitution, both of which Bush is now abdicating.

[lavaroise]

But where in the Constitution is that?

If you read about the rationale in the constitutions delineating the jurisdiction limits between the Feds, the states, the people and the three branches of government, we all perfectly understand that any piece of legislation which allows a party encroach another party's jurisdiction is illegal. Start with article 1 of the constitution and later how seperation of powers and checks and balances are to be managed.

Specificaly the bill imposes ludicrous limits on individuals and businesses from contributing to one party or another in paid ads specificaly. Read it for yourself, it is common knowledge that campaign finance reform imposes limits on individual contributions on speech BUT NOT ON DIRECT BRIBERY.

Since when had the state powers to control what one does with his or her pocket money aside from blatant cases of bribery and prostitution where money is specificaly used as a contract payment for a politician or a whore to give up his or her jurisdiction while he or her was voted or exists to exert such independent jurisdiction?

This campaign finance reform is a loophole for bribery for politicians. It does not go after corruption and illegal contracts in politics and politicans, it goes after individuals who make personal campaigns of their own, not the one bribing the bastards.

[lavaroise]

READ IT FOR YOURSELF. THEY WANT TO BAN FINANCIAL INFLUENCE. WHERE IN THE HELL DOES THE CONSTITUTION RECOGNIZES "INFLUENCE" AS A DE FACTO CONTRACT INVOLVING JURISDICTION VIOLATION AND EXPLOITATION? SO WHAT NOW? BLAME WOMEN AS PROSTITUTES IF THEY WILLINGLY TAKE A RIDE IN RICH MEN'S CARS HITTING ON THEM?

THE AMERICAN PEOPLE NEED TO GET A FREAGING GRIP ON REALITY!!!

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H.R.380

Bipartisan Campaign Finance Reform Act of 2001 (Introduced in the House)

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TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section:

`SOFT MONEY OF POLITICAL PARTIES

`SEC. 323. (a) NATIONAL COMMITTEES-

`(1) IN GENERAL- A national committee of a political party (including a national congressional campaign committee of a political party) and any officers or agents of such party committees, shall not solicit, receive, or direct to another person a contribution, donation, or transfer of funds, or spend any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act.

`(2) APPLICABILITY- This subsection shall apply to an entity that is directly or indirectly established, financed, maintained, or controlled by a national committee of a political party (including a national congressional campaign committee of a political party), or an entity acting on behalf of a national committee, and an officer or agent acting on behalf of any such committee or entity.

`(b) STATE, DISTRICT, AND LOCAL COMMITTEES AND CANDIDATES-

`(1) RESTRICTIONS ON FEDERAL ELECTION ACTIVITY-

`(A) IN GENERAL- An amount that is expended or disbursed for Federal election activity by a State, district, or local committee of a political party (including an entity that is directly or indirectly established, financed, maintained, or controlled by a State, district, or local committee of a political party and an officer or agent acting on behalf of such committee or entity), or by an entity directly or indirectly established, financed, maintained, or controlled by or acting on behalf of one or more candidates for election for State or local office or one or more individuals holding State or local office, shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act.

`(B) NO EFFECT ON CERTAIN ACTIVITIES PERMITTED UNDER STATE LAW- Nothing in this subsection may be construed to prevent the principal campaign committee of a candidate for election to a non-Federal office from raising or spending funds to the extent permitted under applicable State law for any activity described in paragraph (2)(A)(i) or paragraph (2)(A)(ii), or for any public communication described in paragraph (2)(A)(iii) which is made solely to promote the candidate's campaign for election to such non-Federal office.

`(2) FEDERAL ELECTION ACTIVITY-

`(A) IN GENERAL- The term `Federal election activity' means--

`(i) voter registration activity during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election;

`(ii) voter identification, get-out-the-vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot);

`(iii) a public communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and that promotes, supports, attacks, or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate); and

`(iv) services provided in any month by an employee of a State, district, or local committee of a political party who spends more than 25 percent of that individual's compensated time during that month on activities in connection with a Federal election.

`(B) EXCLUDED ACTIVITY- The term `Federal election activity' does not include an amount expended or disbursed by a State, district, or local committee of a political party or by an entity described in paragraph (1)(A) for--

`(i) a public communication which refers solely to a clearly identified candidate for State or local office, so long as the communication is not a Federal election activity described in subparagraph (A)(i) or (ii);

`(ii) a contribution to a candidate for State or local office, provided the contribution is not designated or used to pay for a Federal election activity described in subparagraph (A);

`(iii) the costs of a State, district, or local political convention;

`(iv) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for State or local office; and

`(v) the cost of constructing or purchasing an office facility or equipment for a State, district or local committee, if permitted by State law.

`(C) PUBLIC COMMUNICATION DEFINED-

`(i) IN GENERAL- In this paragraph, the term `public communication' means any broadcast, cable, or satellite communication, or any communication made to the general public through a newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank, or any other form of general public political advertising.

`(ii) MASS MAILING- In clause (i), the term `mass mailing' means a mailing of more than 500 pieces of mail matter of an identical or substantially similar nature within any 30-day period.

`(iii) TELEPHONE BANK DEFINED- In clause (i), the term `telephone bank' means more than 500 telephone calls within any 30-day period of an identical or substantially similar nature.

`(c) FUNDRAISING COSTS- An amount spent by a person described in subsection (a) or (b)(1)(A) to raise funds that are used, in whole or in part, to pay the costs of Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act, except that this subsection shall not apply to activities described in subsection (b)(1)(B).

`(d) TAX-EXEMPT ORGANIZATIONS- A national, State, district, or local committee of a political party (including a national congressional campaign committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf of any such party committee or entity, shall not solicit any funds for, or make or direct any donations to, an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application to the Commissioner of the Internal Revenue Service for determination of tax-exemption under such section) or an organization described in section 527 of such Code (other than a political committee).

`(e) CANDIDATES-

`(1) IN GENERAL- A candidate, individual holding Federal office, agent of a candidate or individual holding Federal office, or an entity directly or indirectly established, financed, maintained or controlled by or acting on behalf of one or more candidates or individuals holding Federal office, shall not--

`(A) solicit, receive, direct, transfer, or spend funds in connection with an election for Federal office, including funds for any Federal election activity, unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act; or

`(B) solicit, receive, direct, transfer, or spend funds in connection with any election other than an election for Federal office or disburse funds in connection with such an election unless the funds--

`(i) are not in excess of the amounts permitted with respect to contributions to candidates and political committees under paragraphs (1) and (2) of section 315(a); and

`(ii) are not from sources prohibited by this Act from making contributions with respect to an election for Federal office.

`(2) STATE LAW- Paragraph (1) does not apply to the solicitation, receipt, or spending of funds by an individual who is a candidate for a State or local office in connection with such election for State or local office if the solicitation, receipt, or spending of funds is permitted under State law for any activity, other than a public communication described in subsection (b)(2)(A)(iii) on behalf of another candidate for election for Federal office.

`(3) FUNDRAISING EVENTS- Notwithstanding paragraph (1), a candidate or individual holding Federal office may attend, speak, or be a featured guest at a fundraising event held for a State, district, or local committee of a political party.'.

SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF POLITICAL PARTIES AND AGGREGATE CONTRIBUTION LIMIT FOR INDIVIDUALS.

(a) CONTRIBUTION LIMIT FOR STATE COMMITTEES OF POLITICAL PARTIES- Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is amended--

(1) in subparagraph (B), by striking `or' at the end;

(2) in subparagraph (C)--

(A) by inserting `(other than a committee described in subparagraph (D))' after `committee'; and

(B) by striking the period at the end and inserting `; or'; and

(3) by adding at the end the following:

`(D) to a political committee established and maintained by a State committee of a political party in any calendar year that, in the aggregate, exceed $10,000'.

(b) AGGREGATE CONTRIBUTION LIMIT FOR INDIVIDUAL- Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by striking `$25,000' and inserting `$30,000'.

SEC. 103. REPORTING REQUIREMENTS.

(a) REPORTING REQUIREMENTS- Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by section 204) is amended by inserting after subsection (d) the following:

`(e) POLITICAL COMMITTEES-

`(1) NATIONAL AND CONGRESSIONAL POLITICAL COMMITTEES- The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period.

`(2) OTHER POLITICAL COMMITTEES TO WHICH SECTION 323 APPLIES- In addition to any other reporting requirements applicable under this Act, a political committee (not described in paragraph (1)) to which section 323(b)(1) applies shall report all receipts and disbursements made for activities described in paragraph (2)(A) of section 323(b).

`(3) ITEMIZATION- If a political committee has receipts or disbursements to which this subsection applies from any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b).

`(4) REPORTING PERIODS- Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a).'.

(b) BUILDING FUND EXCEPTION TO THE DEFINITION OF CONTRIBUTION- Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--

(1) by striking clause (viii); and

(2) by redesignating clauses (ix) through (xv) as clauses (viii) through (xiv), respectively.

TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES

SEC. 201. DEFINITIONS.

(a) DEFINITION OF INDEPENDENT EXPENDITURE- Section 301 of the Federal Election Campaign Act (2 U.S.C. 431) is amended by striking paragraph (17) and inserting the following:

`(17) INDEPENDENT EXPENDITURE-

`(A) IN GENERAL- The term `independent expenditure' means an expenditure by a person--

`(i) for a communication that is express advocacy; and

`(ii) that is not coordinated activity or is not provided in coordination with a candidate or a candidate's agent or a person who is coordinating with a candidate or a candidate's agent.'.

(b) DEFINITION OF EXPRESS ADVOCACY- Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the following:

`(20) EXPRESS ADVOCACY-

`(A) IN GENERAL- The term `express advocacy' means a communication that advocates the election or defeat of a candidate by--

`(i) containing a phrase such as `vote for', `re-elect', `support', `cast your ballot for', `(name of candidate) for Congress', `(name of candidate) in 1997', `vote against', `defeat', `reject', or a campaign slogan or words that in context can have no reasonable meaning other than to advocate the election or defeat of one or more clearly identified candidates;

`(ii) referring to one or more clearly identified candidates in a paid advertisement that is transmitted through radio or television within 60 calendar days preceding the date of an election of the candidate and that appears in the State in which the election is occurring, except that with respect to a candidate for the office of Vice President or President, the time period is within 60 calendar days preceding the date of a general election; or

`(iii) expressing unmistakable and unambiguous support for or opposition to one or more clearly identified candidates when taken as a whole and with limited reference to external events, such as proximity to an election.

`(B) VOTING RECORD AND VOTING GUIDE EXCEPTION- The term `express advocacy' does not include a communication which is in printed form or posted on the Internet that--

`(i) presents information solely about the voting record or position on a campaign issue of one or more candidates (including any statement by the sponsor of the voting record or voting guide of its agreement or disagreement with the record or position of a candidate), so long as the voting record or voting guide when taken as a whole does not express unmistakable and unambiguous support for or opposition to one or more clearly identified candidates;

`(ii) is not coordinated activity or is not made in coordination with a candidate, political party, or agent of the candidate or party, or a candidate's agent or a person who is coordinating with a candidate or a candidate's agent, except that nothing in this clause may be construed to prevent the sponsor of the voting guide from directing questions in writing to a candidate about the candidate's position on issues for purposes of preparing a voter guide or to prevent the candidate from responding in writing to such questions; and

`(iii) does not contain a phrase such as `vote for', `re-elect', `support', `cast your ballot for', `(name of candidate) for Congress', `(name of candidate) in (year)', `vote against', `defeat', or `reject', or a campaign slogan or words that in context can have no reasonable meaning other than to urge the election or defeat of one or more clearly identified candidates.'.

(c) DEFINITION OF EXPENDITURE- Section 301(9)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is amended--

(1) in clause (i), by striking `and' at the end;

(2) in clause (ii), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following:

`(iii) a payment made by a political committee for a communication that--

`(I) refers to a clearly identified candidate; and

`(II) is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy).'.

SEC. 202. EXPRESS ADVOCACY DETERMINED WITHOUT REGARD TO BACKGROUND MUSIC.

Section 301(20) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(20)), as added by section 201(b), is amended by adding at the end the following new subparagraph:

`(C) BACKGROUND MUSIC- In determining whether any communication by television or radio broadcast constitutes express advocacy for purposes of this Act, there shall not be taken into account any background music not including lyrics used in such broadcast.'.

SEC. 203. CIVIL PENALTY.

Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g) is amended--

(1) in subsection (a)--

(A) in paragraph (4)(A)--

(i) in clause (i), by striking `clause (ii)' and inserting `clauses (ii) and (iii)'; and

(ii) by adding at the end the following:

`(iii) If the Commission determines by an affirmative vote of 4 of its members that there is probable cause to believe that a person has made a knowing and willful violation of section 304(c), the Commission shall not enter into a conciliation agreement under this paragraph and may institute a civil action for relief under paragraph (6)(A).'; and

(B) in paragraph (6)(B), by inserting `(except an action instituted in connection with a knowing and willful violation of section 304(c))' after `subparagraph (A)'; and

(2) in subsection (d)(1)--

(A) in subparagraph (A), by striking `Any person' and inserting `Except as provided in subparagraph (D), any person'; and

(B) by adding at the end the following:

`(D) In the case of a knowing and willful violation of section 304(c) that involves the reporting of an independent expenditure, the violation shall not be subject to this subsection.'.

SEC. 204. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.

(a) IN GENERAL- Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 502(a) of the Department of Transportation and Related Agencies Act, 2001 (as enacted into law by reference under section 101(a) of Public Law 106-346), is amended--

(1) in subsection (c)(2), by striking the undesignated matter after subparagraph (C);

(2) by redesignating paragraph (3) of subsection (c) as subsection (f);

(3) by redesignating subsection (d) as subsection (g); and

(4) by inserting after subsection (c)(2) (as amended by paragraph (1)) the following:

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[lavaroise]

Look up the links man!

http://rs9.loc.gov/cgi-bin/query/D?c107:4:./temp/~c107sWUYPG:e9792:

http://rs9.loc.gov/cgi-bin/query/D?c107:4:./temp/~c107sWUYPG::

http://rs9.loc.gov/cgi-bin/query

[Countyline]

". I refuse to vote for evil."

Unfortunately this precludes voting for politicians. True.

Politicians change their principles as soon as they enter politics. In order to succeed it is a matter "of tell the people what they want to hear" and "work by compromise within the system".

They submit due to "it is either submit or be cast out". This way of being corrupts them to a greater or lesser degree and their conscience hardens over after a bit of time.

"Suckers deserve what they will accept" is the unwritten motto.

Of course they tell themselves that it is better for he\she to be there than someone worse. We are great at rationalizing our positions to ourselves. You may have noticed.

[eaglebeak]

Thanks for posting this and the links!

[eaglebeak]

Thought you might take a look at THIS THREAD

[Jethro Tull]

RadioFR