[GCFL-discuss] The Poll Taker

Discussion of the Good, Clean Funnies List gcfl-discuss at gcfl.net
Tue Jul 6 19:21:49 CDT 2010


Doesn't it also say Congress cannot make a law they're immune to?

~Lance

On Mon, Jul 5, 2010 at 12:03 PM, Discussion of the Good, Clean Funnies List
<gcfl-discuss at gcfl.net> wrote:

> 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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