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HR 4922, To restore first amendment protections of religion and speech.
The Liberty Committee ^ | June 26, 2002 | Kent Snyder

Posted on 06/27/2002 9:41:49 AM PDT by EBUCK

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To: ForOurFuture
That was why I posted the LibTar quote....(I've got the whole thing if you want it but you can guess how it goes pretty easily)...

I'm not sure Ron Paul actually wrote that bill in opposition to the 9th's decision, especially considering that it was submitted 2 weeks in advance of the decision. It may just be that this is a good oportunity to get the courts out of the legislative process so they ran with it figuring that the Pledge "crisis" would generate support for a bill that wasn't really gaining momentum. I don't know.

The origins and circumstances of the "under God" addition kinda puts me off as well.

EBUCK

41 posted on 06/27/2002 3:59:48 PM PDT by EBUCK
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To: ForOurFuture
Here is a link to Mr. Paul's actual statement.

http://www.house.gov/paul/pres s/press2002/pr062702.htm

In there he does seem to be at odds with the LP.

EBUCK
42 posted on 06/27/2002 4:03:01 PM PDT by EBUCK
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To: EBUCK
For comparison....First is Ron Paul's statement....

Washington, DC- Congressman Ron Paul today condemned a federal appeals court ruling that the Pledge of Allegiance cannot be recited in schools because it contains the phrase "one nation under God."

"The judges who made this unfortunate ruling simply do not understand the First amendment," Paul stated. "It does not bar religious expression in public settings or anywhere else. In fact, it expressly prohibits federal interference in the free expression of religion. Far from mandating strict secularism in schools, it instead bars the federal government from prohibiting the Pledge of Allegiance, school prayer, or any other religious expression. The politicians and judges pushing the removal of religion from public life are violating the First amendment, not upholding it."

"The tired assertion of a separation of church and state has no historical or constitutional basis," Paul continued. "Neither the language of the Constitution itself nor the legislative history reveals any mention of such separation. In fact, the authors of the First amendment- Fisher Ames and Elbridge Gerry- and the rest of the founders routinely referred to "Almighty God" in our founding documents. It is only in the last 50 years that the federal courts have perverted the meaning of the amendment and sought to unlawfully restrict religious expression. We cannot continue to permit our Constitution and our rich religious institutions to be degraded by profound misinterpretations of the Bill of Rights."

Paul previously introduced "The First Amendment Restoration Act" to reassert true First amendment religious freedoms and end the kind of judicial overreach exhibited today. The bill becomes especially timely now, as it clarifies that federal courts have no jurisdiction whatsoever over matters of religious freedom. It also restores real religious freedom by making it clear that the federal government cannot forbid mention of religion, the Ten Commandments, or reference to God in both public and private life.

Next, the LP announcement....

Libertarians applaud federal court ruling striking down mandatory Pledge of Allegiance

WASHINGTON, DC -- Libertarians are applauding Wednesday's federal court ruling striking down the mandatory Pledge of Allegiance, because a nation in which a government can coerce religion or patriotism is no longer free.

"America is made great by its freedom, not by a flag," said Steve Dasbach, Libertarian Party executive director. "Our children should have the freedom to pledge or not to pledge, and the freedom to worship or not to worship."

The 9th U.S. Circuit Court of Appeals on Wednesday struck down a California school district's policy of requiring teachers to lead children in the Pledge of Allegiance. The court found that the reference to "one nation under God" -- added to the pledge by Congress in 1954 at the height of the Cold War -- amounts to an official endorsement of monotheism.

Though the ruling specifically addressed only the religious aspect of the pledge, the debate quickly broadened to one over the pledge itself as America struggles with the war against terrorism. On Capitol Hill, Republicans and Democrats universally deplored the ruling. The Senate unanimously approved a resolution expressing support for the reference to God in the pledge, and House politicians gathered on the front steps of the Capitol to recite the pledge en masse.

"Libertarians have enormous respect for the values that the U.S. flag represents, and we understand that the way to honor those values is by preserving liberty, not by limiting it," Dasbach said. "Real religious freedom includes the right to not be religious, and true political freedom includes the right to not pledge allegiance to a political symbol.

"Politicians who rail against this ruling and claim they're defending the flag are confused by the difference between a symbol and the freedom for which it stands."

Dasbach conceded that during a national crisis, it's natural for politicians to sacrifice individual freedom in favor of government coercion.

"Interestingly, politicians were much more tolerant of dissent before September 11," Dasbach noted. "In 1998, for example, a proposal to amend the Constitution to ban flag burning garnered 114 'no' votes in the House, and was killed in the Senate. But today they're unanimous in their protection of the flag. Have that many politicians suddenly discovered 'patriotism' -- or are they trying to exploit an anguished American public?"

After all, politicians frequently try to use national crises as an opportunity to expand the power of the government, he noted.

"One way to do that is to suggest that anyone who criticizes a government action -- such as a government-mandated pledge in a government-run school -- is somehow unpatriotic. But there's a big difference between criticizing your government and criticizing your country, and it's a difference that politicians would like for you to forget.

The way to quell the controversy over the Pledge of Allegiance in schools is to extricate government from the schools, Libertarians say.

"It's no accident that the lawsuit that led to Wednesday's decision involved a government-run school," Dasbach said. "Naturally, parents get angry when their tax dollars are being used to force their child to do something with which they disagree vehemently.

"But no such problem exists at private schools. Parents who want their child to attend a school where religious worship and political pledging are mandatory are free to do so, and have every reason to pay the tuition. Parents who are opposed to such policies don't have to resort to a lawsuit to get what they want; they can simply find a school that shares their values.

"But as long as all Americans are forced to fund government-run schools, we will be forced to watch the Pledge of Allegiance controversy -- and forced to watch opportunistic politicians try to cash in."

First question....were children in public school required/forced to say "under GOD"? If so, the ruling is correct IMO.
Conversely, if the children were voluntarily reciting the POA and all its words, the ruling is a sham and is in fact a limitation on freedom of religion.

So which was it? Were the kids being forced or not? If it wasn't then the LP lied outright and my donations/votes are going elsewhere.

EBUCK

43 posted on 06/27/2002 4:10:48 PM PDT by EBUCK
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To: EBUCK
Federal prosecutors can pretty much charge anyone they want with anything. It would come down to who would constitute a jury in the prosecution of federal or supreme court judges. Would it be congress for an impeachment type process or regular citizens for federal circuit court judges? I think that if you put some of these judges in front of a regular citizen jury, quite a few judges would be out of a job. Might at least make them think twice about railroading the constitution to bow down to a few cry babies. Of course it would still require some major stones on someone’s part to get the process moving.
You are absolutely right in your comment – unbiased judge is a classic oxymoron. It’s a pretty rare thing. There certainly needs to be some accountability for their actions.

44 posted on 06/27/2002 4:18:45 PM PDT by xNavspook
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To: EBUCK
I forgot about State ratification for amendments....that one's sunk for sure.

Don't be so sure. The 16th amendment APPEARED to have passed and the American sheeple fell for it. Now we have these rogue agents working for the IRS running around with guns and taking money at will without ANY warrants (which violates the 4th).

Until we get rid of this UNCONSTITUTIONAL amendment we will all be slaves to the government.

45 posted on 06/27/2002 4:20:31 PM PDT by unixfox
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To: xNavspook
Accountability! That was the word I was searching (in vain) for. Accountability Dammmmit!!!

If brought up on charges couldn't a judge just say "I interpreted it the way I interpreted it period" Which is what they are legally suppoed to do right? To really get at them one would have to prove intent to subvert the Constitution. Remember, these judges were all lawyers at some point and are probably just as slippery as willy.

Accountability or less influence on the meaning of our laws. I'm not sure how but something need doin.

EBUCK

46 posted on 06/27/2002 4:23:16 PM PDT by EBUCK
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To: unixfox
Yah I know. But if I'm going to support something (an amendment for example) I would want it done right. Besides, they only skirt the law to pass amendments when it's bennificial for them to do so and this kind of amendment would only serve to limit their ability to get around the Constitution.

EBUCK

47 posted on 06/27/2002 4:26:00 PM PDT by EBUCK
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To: EBUCK
Ron and his wife came to my Christmas party in 2000 and I was SO HONORED. He is such a wonderful person and a true Constitutional Rep!!!! I love that man!!!! Please keep Ron and his lovely, wonderful wife Carol, in your prayers! They are pillars of our community in Lake Jackson, Tex. and always have been. They have produced wonderful adult children, and many grandchildren. Just great people to know! He speaks the truth, even when no one seems to want to hear it!!!!!
48 posted on 06/27/2002 5:49:54 PM PDT by buffyt
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To: buffyt
You are so lucky! I would give my left *** to meet and talk with that man.

EBUCK

49 posted on 06/28/2002 8:13:12 AM PDT by EBUCK
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To: EBUCK
It won't work. We need a constitutional amendment of the kind Robert Bork advocated some years ago allowing both Houses of Congress to overrule by majority vote, any appelate or Supreme Court decision that Congress felt contradicted the Constitution. It would lodge the final say as to what the Constitution means with the elected representatives of the American people and curb judicial fiat. This is the amendment Ron Paul should have sponsored that is the appropriate response to the 9th Circuit's ruling.
50 posted on 06/29/2002 2:21:25 PM PDT by goldstategop
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To: Col. Forbin
"My point is that Congress has no Constitutional authority to 'set in Law' it's own interpretation of the Constitution."

Three words for you: Campaign Finance Reform.

51 posted on 06/29/2002 4:10:12 PM PDT by robertpaulsen
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