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Legal Scholar Alan Dershowitz Calls MTA’s New Advertising Rules ‘Plain Dumb’ & ‘Unconstitutional’

Sep. 30, 2012 7:23am Sharona Schwartz

Harvard Law School professor Alan Dershowitz is slamming new rules New York City’s Metropolitan Transit Authority (MTA) has adopted in the wake of its legal battle against blogger Pamela Geller and her anti-terrorism ads, calling the MTA move “plain dumb” and unconstitutional.”

On Friday, TheBlaze reported that the MTA changed its guidelines on what advertising it will accept from now on after losing in court to Geller and her group, the American Freedom Defense Initiative, thus being forced to display the ads which read: “In any war between the civilized man and the savage, support the civilized man. Support Israel. Defeat Jihad.”

Specifically, the MTA has set a new litmus test for ads and will no longer display those which the MTA “reasonably foresees would incite or provoke violence or other immediate breach of the peace, and so harm, disrupt, or interfere with safe, efficient, and orderly transit operations.”

Prof. Alan Dershowitz, a staunch defender of Israel and a political liberal, is calling the new rules bad policy that will have the unintended consequence of encouraging violence. He spoke to the New York Jewish newspaper The Algemeiner:

“A. it’s clearly unconstitutional” he said, and “b. it incentivizes people to engage in violence. What it says to people, is that if they don’t like ads, just engage in violence and then we’ll take the ads down.”

“It’s very bad policy,” he continued, “and it’s just plain dumb, because it is going to encourage violence.”

Dershowitz believes the new rules will only energize those with an axe to grind like Mona Eltahawy, the Egyptian-born activist who was arrested after spray-painting one of Geller’s ads in a subway station.

Harvard Law Professor Alan Dershowitz Calls MTA New Advertising Rules Plain Dumb and Unconstitutional

Mona Eltahawy spray painting anti-jihad ad on Sept. 25 (Screenshot from Pamela Geller's blog Atlas Shrugs)

The Algemeiner writes:

Referencing the incident, Dershowitz said, “what the transit authority is doing, is giving people like Mona, the power to censor.”

Referring to the recent uptick in violence in the Middle East, Dershowitz added, “It is the worst possible approach to dealing with radical Islam.”

“In the age of radical imams whipping up reactions, it just gives them more encouragement to do it. So if somebody wants to put up a picture of Mohammed in the subway, all people have to do is threaten violence and its censorship comes into effect,” he said.

Dershowitz believes the rules should be challenged legally:

“It will be challenged, there is no question about that,” he confirmed, “if the ACLU (American Civil Liberties Union) doesn’t get into this case immediately, they are going to have to write to me several times for my contribution this year. This is a perfect case for the ACLU, the ACLU should be in there, opposed to the MTA.”

“I would hope the ACLU would get behind the organization that put up the ads even though I’m sure they disagree with the content of the ads, as do I,” he concluded.

The Algemeiner asked the MTA about the constitutionality of its decision. MTA spokesman Aaron Donovan told the paper the organization believes the new guidelines are “are firmly planted in the bedrock of the constitution, specifically the First Amendment.”

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Comments (82)

paperpushermj
Posted on September 30, 2012 at 12:30pm
What it says to people, is that if they don’t like ads, just engage in violence and then we’ll take the ads down.”
_____________________________________.
.
Wrong Prophesier Dershowitz!
The Authorities are quit clear with these new rules they will not allow new ads posted based on PAST History of Protest. The end result is NO NEW comments will be allowed, that would in the Authorities Judgment be deemed provocative.

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- Vernon Black
  Posted on September 30, 2012 at 2:32pm
  I’m reporting your post PAPERPUSHERMJ! It makes me want to punch the wall every time I see your stupid Dog wearing sunglasses Avatar!….Dammit, YOUR posts provokes me to VIOLENCE! Glen please CENSOR these crazies!
  
  Report this comment
- Max jones
  Posted on September 30, 2012 at 3:19pm
  The issue is FEAR…..fear of terror….i.e. terrorists. All those who have not the seal of God, should be afraid ….very afraid. The polarization on this planet is the children of God on one side and the worshipers of the Beast, on the other. That is it.
  
  Report this comment
- vanman4446
  Posted on September 30, 2012 at 3:30pm
  Screw you commie, change the law legally, not by Bloomberg’s edicts
  
  Report this comment
- Marci
  Posted on September 30, 2012 at 4:41pm
  Seriously? You basically just reaffirmed the objection to it. They will allow no NEW comments. Mmmhmm. Special kind of dolthood I guess….
  
  Report this comment
- Armyduderetired
  Posted on September 30, 2012 at 6:13pm
  What it says to me is put up an pro Israel ad and some Muslim sympathizer comes to try and wreck it, kill the perp. Heck let’s play cowboy and Muslims now and just get it over with. They are still killing our brothers in Afganistan. If I was a muslim, I’d be scared. This is the kind of insanity that leads to 9/11 disaster. Uphold the first ammendment. You have the right to say anything you want to who or what ever you want ( except of course everyone knows you can’t yell donut in a crowded police station). Oh I forgot, that would never stand up in the Supreme Court now that Roberts has shown his true colors. F’d again I’m afraid. Good thing we got Jesus.
  
  Report this comment
- kettererbg
  Posted on September 30, 2012 at 8:27pm
  Look, paperpussy, what do you not understand about freedom of speech? I bet you voted for Owebowma, too. It’s OK to be stupid once, but you seem to be the type to be stupid constantly. You are suffering a severe case of arrested development. So lay off the hopium.
  
  Report this comment
- paperpushermj
  Posted on September 30, 2012 at 9:07pm
  Mr Black it might help you understand my post if you see It as my responding to a point made by Prof. Dershowitz. Also that’s no Avatar, I’m a seven Years old Golden Retriever Self Taught when no one was home.
  
  Report this comment
- idarusskie
  Posted on September 30, 2012 at 9:33pm
  should flood the place with ads
  
  Report this comment
- paperpushermj
  Posted on September 30, 2012 at 9:50pm
  @marci
  That was the point I was making. It was my intent to challenge a point of the Prof. when he said that when the MTA put something up say the Christian Community found objectionable if they became violent, the subject of that objection would be taken down. My retort was with the new ruling their would not be allowed anything put up, for anyone to object to. I guess I said it in artfully …my apologies except the knuckle dragger who used ***** aka Cat when referring to me .
  
  Report this comment
- rose-ellen
  Posted on September 30, 2012 at 10:24pm
  Dershowitsz is a 21st century anti semitic gegenocidist. [against arabs this time].He was left wing till he found his cause-spreading anti-arab /muslim propaganda .Maybe if successful israel can get all that land one day- he fantasizes!
  
  Report this comment
- paperpushermj
  Posted on September 30, 2012 at 10:45pm
  Rose go away their are Adults talking here
  
  Report this comment
- drs1969
  Posted on September 30, 2012 at 10:58pm
  I hope Dersh. doesn’t hold his breath waiting for the Jewish/Communist ACLU to take a stand. If they allow this, what’s next? Manger scenes, on the town square, at Christmas? He’s probably get payed by Israel to take this stand.
  
  Report this comment
silquin11
Posted on September 30, 2012 at 11:49am
Surprise, surprise…. so the “spray paint assailant” at the New York subway station is none other than a HATRED FILLED EGYPTIAN columnist at CNN (how appropriate!). This is what islamist extremism does to their prople and this is how they want to trun our USA into THEIR INTOLERANT, VIOLENT AND SAVAGE society.

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- Rampart
  Posted on September 30, 2012 at 2:40pm
  Islam and the Sharia are fully incompatible with the US Constitution and our society.
  
  Report this comment
- encinom
  Posted on September 30, 2012 at 2:40pm
  The only intolerance I see are the idiots and fools that put up the sign th begin with and that and Pam Geller a proven anti-American Bigot.
  
  Report this comment
- Marci
  Posted on September 30, 2012 at 4:43pm
  Islam and the Sharia are fully incompatible with the US Constitution and our society. EXACTLY. But aside from that clear argument (sadly it has to be pointed out), no other law should subvert the constitution. Period. One constitution for all. Those who refuse to abide by it (Shariah compliant mini-societies in the U.S.) should be brought to justice. Next up, ties to terror in any way? Out you go. No debate. And Muslim Brotherhood is the hub of it all. Hostile to the U.S.? Get out, let us show you the door.
  
  Report this comment
- rose-ellen
  Posted on September 30, 2012 at 10:10pm
  So now you want to kill people for spray painting?Wow you gulls can be gulled into believing anything at all!And what’s wrong with a disclaimer?You’re gonna call that censorship? And the mta or the city have the right to accept or reject adds according to whatever policy they set. That’s got nothing to do with free speech.I want to see an add that says-”oppose canabalism, oppose israeli agression and occupation, support palestinian rights!”
  
  Report this comment
- paperpushermj
  Posted on September 30, 2012 at 11:15pm
  Speaking of the muslim Brotherhood how are you rose-ellen, how was Cairo?
  
  Report this comment
- Fubared
  Posted on October 1, 2012 at 9:25am
  Encinomom and Rosey- Ethiopia and Yemen are both really swell this time of year. Paleostan has the smells to die for. Venture out of your smelly bubbles. Report back in a few decades. Do some real Muslim outreach and not this half assed stuff. De-ass yourself from your comfy zone, walk the walk. And in the words of Jihad Jerk…. Lalalalalalalalalala.
  
  Report this comment
silquin11
Posted on September 30, 2012 at 11:36am
The ACLU does not defend ANYONE’S civil rights UNLESS you happen to be : A union member, black, or an illegal alien FROM ANYWHERE. And THIS is the problem with our country. You have TAX PAYERS funding ALL OF THESE shady groups that HATE AMERICA (probably run by Islamists extremists) and that are DIAMETRICALLY OPPOSED to our rights, our liberties and especially our Consititution…And that pitiful, Godless “MONA” woman, is just another INTOLERANT,VIOLENT LIBERAL who probably was abused as a child and wants to take her rage unto the rest of us.

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- bates8963
  Posted on September 30, 2012 at 5:31pm
  Yep…. I’ll bet she was abused as a child…. probably went like this….. she was 9 years old when a family member grabbed her and took her to the local Imam. The Imam stripped her (probably screwed her as well), spread her legs then, with the compassion of a goatman, grabbed a set of tin-snips and cut off her ****….. So, yes, she is a very angry and apparently insane……
  
  Report this comment
flipper1073
Posted on September 30, 2012 at 10:49am
Freedom of Speech is just That, or it is Nothing At All
If government can decide what Can an Cannot be Said.
Then they can Decide Who Can an Cannot be Heard.
As in Glenn Beck an Rush Limbaugh can be Silenced.

The First Amendment does not Guarantee that Everyone
Will Agree on Everything Just the Opposite .
To insure Free Political Discourse an Opposition .
I Totally Disagree with the Neo-Nazi’s (skinheads)
I totally Disagree with the New Black Panthers.
But I Completely Defend their right to Spew their CRAP.
Because to do Otherwise is to Silence Everyone.

PS Political Discourse does NOT mean Name Calling
People can disagree without being Nasty if You Can’t then
Your Intelligence is Lacking or your Argument is not Sound.

The Gunfighters Motto,
“Ride Hard
Shoot Straight
An Always Speak the Truth”

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- rose-ellen
  Posted on September 30, 2012 at 10:17pm
  You sang a different tune when the issue of putting up a constituionaly protected right to build a mosque was the issue! Hypocrites!Then you anti muslim genocidists kept whining about “sensitivities”[muslims should defer to the fact that you're offended by them having a mosque where you don't want to see a mosque] What tyranical hypocrites you anti semites are[against arab /muslims this time] Those muslims do their thing though -indifferent to you view of them!
  
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gabbykitkat
Posted on September 30, 2012 at 10:39am
Another instance of our First Amendments Rights being taken away! Wake up America, Wake up!

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- The_Jerk
  Posted on September 30, 2012 at 10:51am
  Hate speech and crimes were only the beginning.
  
  Report this comment
- From Virginia
  Posted on September 30, 2012 at 10:35pm
  @The Jerk – Oh, I so agree with that. I never thought “hate speech/crime” laws were a good idea. A crime is a crime. We don’t need thought police.
  
  And have you noticed they only work one way? Black on white or muslim on Jew crimes are never prosecuted as hate crimes – though the evidence show they only happened because of hatred towards their victim.
  
  Report this comment
- EMUSICMANN
  Posted on October 1, 2012 at 9:39am
  Oh My Gosh, I finally agree with something The_Jerk said.
  
  Report this comment
NineteenEighty4
Posted on September 30, 2012 at 10:36am
Dershowitz has a brilliant mind. He’s all too right about the issue of censorship. We cannot give these people any sense of victory in stifling free speech. Unfortunately, this is exactly what is happening. They want to criminalize freedom of expression in order to suit their religious beliefs. Well, I will not stop. Cultural and moral relativism can only go so far. Some things are unquestionably evil and ought to be condemned and criticized, heavily, on every means of communication we have. Censorship of free speech is one of those evils. Religious extremism is evil. Being offended is not an argument. Being offended is not a protected right that magically trumps all of our other rights granted to us by our Constitution. By giving in to these people, we are only empowering them. They will continue unless we take a hardline opposition to their backwards culture. This is a battle of ideology and I fear that we are losing.

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- From Virginia
  Posted on September 30, 2012 at 10:40pm
  We aren’t losing. Our government, the media and the entire liberal party – including teachers teaching our children – have chosen sides and it isn’t ours. We are fighting a two front war – them and our own 5th column.
  
  Report this comment
bo1921
Posted on September 30, 2012 at 10:31am
Ah, the mta, Americas’ latest example of dhimmitude. Hey mta, when they come for you let’s hope (for your sake) they appreciated all the prostrations.

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david3755
Posted on September 30, 2012 at 10:27am
Wake up Alan. ACLU is now run by the muslim botherhood. Try to keep up.

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rockymtngal
Posted on September 30, 2012 at 10:25am
“A. it’s clearly unconstitutional” he said, and “b. it incentivizes people to engage in violence.” Gee, he sounds a lot like Obama, doesn’t he? Obama’s agenda for the past 4 yrs has been divisive. He purpose is to divide one ethnic group agains another, dividing the have’s and have not’s & when he’s not doing that, he’s blaming Bush or the congress.

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mattmo79
Posted on September 30, 2012 at 10:20am
It’s just another case of Dumocrats placating Islamist terrorists!!

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NILAP
Posted on September 30, 2012 at 10:19am
Watch out Fox News and the Blaze, Mona’s got here pink spray paint pointed at you.

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welovetheUSA
Posted on September 30, 2012 at 10:01am
Time to gather at the voting booths…….time to bring down the communist-democrat party forever.

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Ramv36
Posted on September 30, 2012 at 9:50am
That is blatant content-based prior restraint, and anyone with an even rudimentary understanding of the spirit of the 1st Amendment doesn’t need even Alan Dershowitz, or any lawyer for that matter, to see that immediately.
The truth of the 1st Amendment is that it protects whatever that speech is that bothers you the most! I don’t agree with probably 99% of things I hear people say on a daily basis…but when I hear someone say “You should be prevented by law from speaking that thought” I’ll fight that 100% of the time, no question.
The things we say often have consequences, sometimes bad ones, but the judgement of whether an individual decides to say those things and deal with those consequences should be solely their own.

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- drs1969
  Posted on September 30, 2012 at 11:05pm
  There aren’t enough people w/ their own ideas. Most have them implanted by the gov schools or the media. Brainwashed masses!
  
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RT4
Posted on September 30, 2012 at 9:42am
I totally agree, this is the way that people who belong to the so called “minorities” are advancing their agenda, same sex marriage, skin color, feminist group and so on. Wake up people they are here the radical Muslims are taken over, remember destruction from whitin. Write to your congress peoople and let them know that you are not going to vote for them if they keep silence to this important and serious matter.

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BLACKDIAMONDSKIER
Posted on September 30, 2012 at 9:05am
“Plain dumb” and unconstitutional.” Doesn’t this define all democrat and progressive policy.

They are just chomping at the bit to silence who THEY desire to SILENCE. SILENCE is the end game for the progressive. Just sit down, shut up, and do what we say you can do.

Soda ban in NY
Bans on advertising in subway stations
President Obama and this administration trying to develop a ban on free speech at the U.N.
Progressives trying to ban guns
Ban of Prayer at school
How many times have they tried to get control of the internet in the past 3 years?

If you allow them to take your guns and your ability to speak based on what they deem to cause violence, what can’t they take then? Depending on who is making the rules…..anything you say, at any time could be deemed to incite violence. Saying I don’t agree with ex-president Bush’s policies could be taken as trying to incite violence. WAKE UP AMERICA. Big govt. is no longer coming at you from the rear. They are coming at you in a full out frontal assault on the greatest gift you have ever been given. The FREEDOM OF SPEECH. And the world is joining the assault.

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- progressiveslayer
  Posted on September 30, 2012 at 9:31am
  When they come for the guns is when this s h i t ends and we all know they will come for them because it’s the last piece of the puzzle they need to get to where they want us,totalitarianism.
  
  Report this comment
- SeekerEmerald
  Posted on September 30, 2012 at 9:48am
  You are correct skier. When you think about it rationally and logically, as well as examining the issues in light of human psychology and behavior, every single instance of progressive solutions being applied to a problem only makes the problem worse.
  
  If there is an exception, I am not aware of it, but certainly the rule applies FAR more often than any exceptions you might be able to find.
  
  Liberalism (progressivism) ALWAYS generates the exact opposite of it’s stated intent.
  
  Report this comment
- progressiveslayer
  Posted on September 30, 2012 at 10:00am
  SEEKER The road to hell is paved with good intentions and our government has been doing a lot of paving for over a century. I’ve never heard of a government program ending,I have however heard of government programs expanding and becoming more costly.
  
  Report this comment
progressiveslayer
Posted on September 30, 2012 at 8:54am
So the MTA will determine our right to free speech,that pretty much sums up the article. PC BS is one of the many problems we face and it gets worse every year. All censorship is bad even the westboro cult
isn’t censored and they have plenty of vile things to say against our fallen service members and gays.

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crusaderx9
Posted on September 30, 2012 at 8:52am
Such policies let the “Savage” determine what speech is allowed.

Absolutely insane.

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- TheePolitinator
  Posted on September 30, 2012 at 9:20am
  It’s called tyranny.
  
  Report this comment
bdandsl
Posted on September 30, 2012 at 8:47am
“Plain dumb and unconstitutional” – add dangerous and that sums up obama’s term in office.

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Autigermom
Posted on September 30, 2012 at 8:38am
The only ads I can think of that have incited violence in America have been for the latest athletic shoe release and Black Friday sales……hmmm, guess Nike and WalMart will be banned.

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- Displacedsoutherner
  Posted on September 30, 2012 at 9:07am
  The threat of violence is the new “Hold my breath until I turn blue” ploy, and since just about anything can be skewed as an insult to Islam and thus a cause for violence, all speech is fair game for censorship.
  
  The West has been cowed into submission by the infinitely thin-skinned responses by Islam to virtually everything our society is founded upon: look for ads featuring ANYTHING deemed offensive to Islam…lingerie, R-rated movies, teenagers dating, women doing just about anything un-chaperoned or anything with a non-Islamic religious message (e.g. Christmas sale at Macy’s) to be fair game for a threat of Islamic violence and thus banned.
  
  We’ve given the spoiled brat hooligans the keys to the car and now we’re stuck in the back seat wondering where we’ll end up but sure it’s someplace we don’t want to go.
  
  Report this comment
- TheePolitinator
  Posted on September 30, 2012 at 9:22am
  But it’s ok to sedomize and drag our ambassador through the streets,kill Americans on U.S soil, and burn our flags and a yell death to America.
  
  Report this comment
JimCS
Posted on September 30, 2012 at 8:31am
Freedom of speech applies to ALL. I have to read anti-gun, anti-God, morally bankrupt trash every day. And I put up with it because it is someone else exercising their right to free speech. I hate it… but I put up with it. It has to work both ways. You have have to put up with me. Even if I’m saying something you hate.

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Quiata
Posted on September 30, 2012 at 8:27am
Given the MTA’s pathetic response and irrational explanation, now ANY kind of advert/sign/slogan deemed marginally controversial can and will be censored under the guise of ‘keeping order’.

Way to cave, MTA. Weak, weak, weak….and very UNconstitutional!

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momrules
Posted on September 30, 2012 at 8:27am
You don’t have to be a legal scholar to recognize the MTA decision for what it is. It is dhimmitude. It is kow towing to the deep pockets of C.A.I.R. and the threat of Muslim violence if one of the followers of Islam should be offended. I would not doubt the White House was involved in the MTA decision.

Pamela Geller is a thorn in the side of Islam. She openly and willingly puts her life at risk on a daily basis to tell the truth about this disgusting *religion*. She is a truth teller. Keep her in your prayers.

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BlackCrow
Posted on September 30, 2012 at 8:26am
What else would you expect for a government that would ban the Big Gulp.

Liberty? Liberty? You don’t need no stinking Liberty!!!! Do what you are told and think what you told to think. Orwell’s 1984.

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- Quiata
  Posted on September 30, 2012 at 8:38am
  Whatever happened to holding people responsible for their own actions? Or choices? Now in NYC they’re blaming posters for violence and 32-ounce drinks for gluttony.
  
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rennyangel
Posted on September 30, 2012 at 8:19am
Dershowitz shouldn’t wait for the ACLU and sue the MTA himself.

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- drs1969
  Posted on September 30, 2012 at 11:12pm
  He doesn’t want to hire all the bodyguards!
  He, also, wasn’t being honest. He knows the Jewish/Communist ACLU has used the same tactics to suppress Christians for decades.
  
  Report this comment
johnpaulkuchtajr
Posted on September 30, 2012 at 7:42am
“Plain dumb and unconstitutional” would describe a majority of the decisions made at all levels of government: local, state and federal.

I’m not sure when it happened, but somewhere along the line, government officials began to think much more differently than the rest of us (great unwashed).

The great unwashed feel like we can’t spend money we don’t have. “Gubbamint” officials feel that a lack of funding is simply a temporary condition that can be met with deficit spending, bond issuance and higher taxes.

The great unwashed believe in God, family and country. You really don’t need me to outline the attitudes of our “gubbamint” officials, do you?

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- taxpro4u03
  Posted on September 30, 2012 at 8:40am
  “…I’m not sure when it happened, but somewhere along the line, government officials began to think much more differently than the rest of us (great unwashed)…”
  
  Some jack-azz was coerced into pulling a lanyard on Ft Sumpter in April, 1861… was it NORTH or South?
  
  April 24, 1863 General Orders 100 suspended unlawfully the Republic’s Constitution. Some will argue Lincoln had the power to do that all by his lonesome, but I haven’t found that blanket authority in the ORIGINAL Constitution of 1791– Bear in mind the Southern representatives and senators ‘walked.’ Much like Lincoln and his buddies jumping out the window of the IL Statehouse to prevent a Quorum necessary for a vote… {WI Walker debacle of last year ring a bell?} Following Lincoln’s Apotheosis Ceremony, there was a TREASON trial against one Jeffy Davis, which wound up on then-Chief Justice Sam Chase’s docket — in the 11th hour, the ONLY other president to be impeached (Clinton was only the second – Nixon ‘quit’ and left Jerry Ford to deal with the mess) Andrew Johnson (Tennessee ‘yank’) PARDONED him – hence the RIGHT of a sovereign small ‘s’ state to secede was never ‘decided.’ In 1871 and 1874, there were the SECOND Organic Acts (has to be the 2nd, as the 10-sq mi area of D.C., seat of the federal government, was already incorporated…). This baby is the ROOT of the current ‘mess’ most Americans can’t wrap their heads around, as they falsely believe they are still ‘free.’ – depend
  
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- paperpushermj
  Posted on September 30, 2012 at 12:38pm
  @Taxpro.“…
  “I’m not sure when it happened, but somewhere along the line, government officials began to think much more differently than the rest of us (great unwashed)”
  ____________________________________________________.
  .
  IT’S THE RESULT OF UNACCOUNTABILITY !!!!!!!!!!
  
  Report this comment

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