[GCFL-discuss] The Poll Taker

[Discussion of the Good, Clean Funnies List]

TO: greenBubble, Jeanene, whom else it may conern...

The reason I said "Congress shall make no law..." and left it trailing
was,

1) The point under discussion, or the relevant implication in my mind, I
forget which, was that when the First Amendment says "Congress shall pass
no law..." (regarding whatever comes next), it categorically denies
Congress jurisdiction over that subject matter. It does not, as some
schools of judicial philosophy would have it, mean "Congress shall pass
no law... unless Congress and the Supreme Court agree that, on balance,
the government's interest in passing the law is greater than the people's
interest in not having the law passed."

2) I assumed that the well-informed, patriotic, citizens who populate
this discussiong group, would know quite well what it is that "Congress
shall pass no law" about:

"respecting an establishment of religion,"

"nor prohibiting the free exercise thereof..."

"or abridging the freedom of speech..."

"or of the press..."

"or the right of the people peacably to assemble..."

"and to petition their government for redress of grievances."

Again, my point was, on these matters, Congress shall pass NO law, not
some law, not a little bit of law, not laws infringining in small ways,
NO LAW.

Justice Hugo Black, the civil libertarian former senator from Alabama,
was quite eloquent on this point, and quite forceful. When Hugo Black
Antonin Scalia agree, they are almost always correct. When they disagree,
the man from Alabama usually has it right.

Siarlys

On Sat, 3 Jul 2010 22:35:23 -0400 "Discussion of the Good, Clean Funnies
List" <gcfl-discuss at gcfl.net> writes:
> siarlys
> i think jeanene takes exception to your frequent quote of half a
> sentence:   "Congress shall make no law, "  implying that congress 
> shall
> pass no laws at all, which is obviously not the constitution's 
> intent at
> all. 
> 
> greenBubble
> 
> 
> Subject: Re: [GCFL-discuss] The Poll Taker
> 
> I'm still not clear. What was the misquote? And what was its
> significance
> to the meaning of the First Amendment?
> 
> I too have some Scot-Irish, but more Welsh, on two different sides 
> of my
> mother's family, and some east Tennessee Cherokee, nobody who got as 
> far
> west as Oklahoma. I guess nobody wanted to cross all those flatlands 
> to
> get from the Appalachians to the Ozarks.
> 
> Siarlys
> 
>
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