20 September 2005

The ACLU - The Spoiled Children That They Are

This past weekend, we who watch news relentlessly were treated to the knowledge that the man who tried to extort money from Cameron Diaz over some topless photos that he had acquired of her was found guilty of forgery and extortion. This made national news while the MSM leaves out the daily attempts and more than often successes of the ACLU to do the same to local governments, school boards, state governments, and the federal government.
Case in point.
We have received word the ACLU is threatening more lawsuits against Seneca, Anderson and Oconee counties if they do no cease to mention a specific deity in their opening prayers.

The Honorable Henry McMaster P.O. Box 11549 Columbia, S.C. 29211

Dear Mr. McMaster,
Last July, the American Civil Liberties Union of South Carolina asked for your help in ensuring that that municipalities throughout South Carolina comply with the recent United States Court of Appeals for the Fourth Circuit ruling in Darla Kaye Wynne vs. Great Falls, cert denied US Supreme Court.
We suggested guidelines issued by your office for the municipalities to follow. Unfortunately, you declined to do so.
We have now discovered that municipalities in Seneca, Anderson, and Oconee are not currently following the law in their invocations.
Attached are letters that we sent to these respective localities about their invocations.
We, once again, respectfully ask that your office help municipalities understand the recent court ruling so that there is no confusion about the law concerning invocations given at local council meetings.
Obviously, there is a problem that needs to be dealt with by your office. Please let us know your plans.
Mike Cubelo
Piedmont Chapter of ACLU-SC
The ACLU reminds me of the child who doesn't get what he wishes out of an older brother and screams, "I'm going to tell mom!" And that is exactly what they are. A bunch of immature children who never wish to grow up. When they don't have things the way that they want them, they run to the federal court system crying foul. But prior to doing this, they send nasty letters implying that they will cause their targets expensive legal proceedings. Proceedings that often lead to rulings in their favor. Why? Because they shop for their court of choice. They find the Court of Appeals with greater track records for ruling in favor of liberal causes. Here's the point, there is an effort in Congress as we speak, that will eliminate some of the ability of judges to award attorny's fees reimbursements for prevailing parties in 1st Amendment Establishment Clause cases. By eliminating the awarding of attorney's fees in what otherwise would be a pro bono (for the common good) cases, you eliminate the incentive for abuses in the system. The ACLU and other liberal groups use the law as a stepping stone to additional funding. In the case of the ACLU, often times the threat of being faced with paying them these attorney's fees is enough to get the defending party to submit to the will of the ACLU. So many lawsuits never even get filed. That is what the ACLU-SC is attempting. First off, the rulings that they are warning against have no basis in law. The 1st Amendment says nothing about local and state governments exercising their rights to Establish a religion.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." 1st Amendment of the United States Constitution
This doesn't say, South Carolina shall make no law. Nor does it say Ohio, California, Texas or any other state or the states as a whole. It specifically mentions Congress. This being a fact the 10th Amendment further expands upon the issue.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. " 10th Amendment to the United States Constitution
Now, no where in the 7 Articles or in the other 26 Amendments (counting the repealed 18th) does it specifically mention religion being prohibited to the states to establish their own form. No where. It is to the states and their Constitutions to decide this matter. If the City of Cleveland wants to open every City Counsel meeting, every Safety Department meeting, and every news conference with a prayer, that is Cleveland's choice. Unless prohibited by the Ohio Constitution or the City Charter. The Supreme Court of the United States has no authority to intervene in a state matter. And there in is the problem. As a nation we have become so used to the courts deciding our lives for us, that we just assume that it is within the authority of the Supreme Court of the United States to make decisions such as these for us. Well our founding fathers thought differently.
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects." Article III Section 2 Clause 1 of the US Constitution
No where does it mention an North Carolina Atheist (a citizen) and the state of North Carolina. That is an internal state matter. And it is time for the federal court system to leave the states alone. Stop expanding your reach.
End of Rant Blogger's 1st Amendment Pledge If the FEC makes rules that limit my First Amendment right to express my opinion on core political issues, I will not obey those rules. Gribbit is a contributing writer at Stop The ACLU and the co-founder and administrator of Stop The ACLU BlogBurst.


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