Housing

The Pronk Pops Show 848, February 28, 2017, Story 1: Fake News Flying That President Trump Deserting Supporters For Compromise Immigration Bill — Citizenship For 30-60 Million Illegal Aliens in United States? — Republicans and Trump Supporters Would Abandon Republican Party and Organize A Viable American Independence Party! — Enforce Immigration Law Period — No Comprehensive Compromise Bill — Deport and Remove All Illegal Aliens — It Is The Law! — No Citizenship, No Amnesty, No Pathway To Citizenship, No Legal Status, No Green Card or Permanent Legal Resident — No Work Permit or Employment Authorization Document — No Touch Back Amnesty — Deport All Illegal Aliens — Any Questions? — AC/DC – Highway to Hell — AC/DC – Dirty Deeds Done Dirt Cheap — AC/DC – You Shook Me All Night Long Videos — Story 2: Legs Decorum In Oval Office — Smile — ZZ Top – Legs — Videos

Posted on February 28, 2017. Filed under: American History, Blogroll, Breaking News, Business, College, Communications, Congress, Corruption, Countries, Crime, Culture, Donald J. Trump, Donald Trump, Education, Elections, Empires, Employment, Energy, Foreign Policy, Freedom of Speech, Government, Government Spending, High Crimes, Hillary Clinton, History, House of Representatives, Housing, Human, Illegal Immigration, Immigration, Language, Law, Legal Immigration, Life, Media, Philosophy, Photos, Politics, Progressives, Raymond Thomas Pronk, Rule of Law, Scandals, Senate, Success, Taxation, Taxes, United States Constitution, United States of America, Videos, Violence, Wall Street Journal, War, Wealth, Welfare Spending, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

Pronk Pops Show 828: January 31, 2017

Pronk Pops Show 827: January 30, 2017

Pronk Pops Show 826: January 27, 2017

Pronk Pops Show 825: January 26, 2017

Pronk Pops Show 824: January 25, 2017

Pronk Pops Show 823: January 24, 2017

Pronk Pops Show 822: January 23, 2017

Pronk Pops Show 821: January 20, 2017

Pronk Pops Show 820: January 19, 2017

Pronk Pops Show 819: January 18, 2017

Pronk Pops Show 818: January 17, 2017

Pronk Pops Show 817: January 13, 2017

Pronk Pops Show 816: January 12, 2017

Pronk Pops Show 815: January 11, 2017

Pronk Pops Show 814: January 10, 2017

Pronk Pops Show 813: January 9, 2017

Pronk Pops Show 812: December 12, 2016

Pronk Pops Show 811: December 9, 2016

Pronk Pops Show 810: December 8, 2016

Pronk Pops Show 809: December 7, 2016

Pronk Pops Show 808: December 6, 2016

Pronk Pops Show 807: December 5, 2016

Pronk Pops Show 806: December 2, 2016

Pronk Pops Show 805: December 1, 2016

Pronk Pops Show 804: November 30, 2016

Pronk Pops Show 803: November 29, 2016

Pronk Pops Show 802: November 28, 2016

Pronk Pops Show 801: November 22, 2016

Pronk Pops Show 800: November 21, 2016

Pronk Pops Show 799: November 18, 2016

Pronk Pops Show 798: November 17, 2016

Pronk Pops Show 797: November 16, 2016

Pronk Pops Show 796: November 15, 2016

Pronk Pops Show 795: November 14, 2016

Pronk Pops Show 794: November 10, 2016

Pronk Pops Show 793: November 9, 2016

Pronk Pops Show 792: November 8, 2016

Pronk Pops Show 791: November 7, 2016

Pronk Pops Show 790: November 4, 2016

Pronk Pops Show 789: November 3, 2016

Pronk Pops Show 788: November 2, 2016

Story 1: Fake News Flying That President Trump Deserting Supporters For Compromise Immigration Bill — Citizenship For 30-60 Million Illegal Aliens in United States? — Republicans and Trump Supporters Would Abandon Republican Party and Organize A Viable American Independence Party! — Enforce Immigration Law Period — No Comprehensive Compromise Bill — Deport and Remove All Illegal Aliens — It Is The Law! — No Citizenship, No Amnesty, No Pathway To Citizenship, No Legal Status, No Green Card or Permanent Legal Resident — No Work Permit or Employment Authorization Document — No Touch Back Amnesty — Deport All Illegal Aliens — Any Questions? — AC/DC – Highway to Hell — AC/DC – Dirty Deeds Done Dirt Cheap — AC/DC – You Shook Me All Night Long Videos — 

Image result for cartoon kelly ann conway Image result for legs oval office kelly ann conway Image result for cartoon zz top legs song video

8 U.S. Code § 1227 – Deportable aliens

Current through Pub. L. 114-38. (See Public Laws for the current Congress.)

(a)Classes of deportable aliens Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(1)Inadmissible at time of entry or of adjustment of status or violates status

(A)Inadmissible aliens

Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.

(B)Present in violation of law

Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.

(C)Violated nonimmigrant status or condition of entry

(i)Nonimmigrant status violators

Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable.

(ii)Violators of conditions of entry

Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182(g) of this title is deportable.

(D)Termination of conditional permanent residence

(i)In general

Any alien with permanent resident status on a conditional basis under section 1186a of this title (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 1186b of this title (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.

(ii)Exception

Clause (i) shall not apply in the cases described in section 1186a(c)(4) of this title (relating to certain hardship waivers).

(E)Smuggling

(i)In general

Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.

(ii)Special rule in the case of family reunification

Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153(a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

(iii)Waiver authorized

The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

(F)Repealed. Pub. L. 104–208, div. C, title VI, § 671(d)(1)(C), Sept. 30, 1996, 110 Stat. 3009–723

(G)Marriage fraudAn alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 1182(a)(6)(C)(i) of this title) and to be in the United States in violation of this chapter (within the meaning of subparagraph (B)) if—

(i)

the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or

(ii)

it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien’s marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien’s admission as an immigrant.

(H)Waiver authorized for certain misrepresentationsThe provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182(a)(6)(C)(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who—

(i)

(I)

is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and

(II)

was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182(a) of this title which were a direct result of that fraud or misrepresentation.

(ii)

is a VAWA self-petitioner.
A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.

(2)Criminal offenses

(A)General crimes

(i)Crimes of moral turpitudeAny alien who—

(I)

is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and

(II)

is convicted of a crime for which a sentence of one year or longer may be imposed,
 is deportable.

(ii)Multiple criminal convictions

Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

(iii)Aggravated felony

Any alien who is convicted of an aggravated felony at any time after admission is deportable.

(iv)High speed flight

Any alien who is convicted of a violation of section 758 of title 18 (relating to high speed flight from an immigration checkpoint) is deportable.

(v)Failure to register as a sex offender

Any alien who is convicted under section 2250 of title 18 is deportable.

(vi)Waiver authorized

Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.

(B)Controlled substances

(i)Conviction

Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.

(ii)Drug abusers and addicts

Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.

(C)Certain firearm offenses

Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.

(D)Miscellaneous crimesAny alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate—

(i)

any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed;

(ii)

any offense under section 871 or 960 of title 18;

(iii)

a violation of any provision of the Military Selective Service Act (50 U.S.C. App. 451 et seq.) [now 50 U.S.C. 3801 et seq.] or the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.) [now 50 U.S.C. 4301 et seq.]; or

(iv)

a violation of section 1185 or 1328 of this title,
is deportable.

(E)Crimes of domestic violence, stalking, or violation of protection order, crimes against children and

(i)Domestic violence, stalking, and child abuse

Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

(ii)Violators of protection orders

Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term “protection order” means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.

(F)Trafficking

Any alien described in section 1182(a)(2)(H) of this title is deportable.

(3)Failure to register and falsification of documents

(A)Change of address

An alien who has failed to comply with the provisions of section 1305 of this title is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

(B)Failure to register or falsification of documentsAny alien who at any time has been convicted—

(i)

under section 1306(c) of this title or under section 36(c) of the Alien Registration Act, 1940,

(ii)

of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or

(iii)

of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents),
is deportable.

(C)Document fraud

(i)In general

An alien who is the subject of a final order for violation of section 1324c of this title is deportable.

(ii)Waiver authorized

The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section 1324c of this title and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.

(D)Falsely claiming citizenship

(i)In general

Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or State law is deportable.

(ii)Exception

In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.

(4)Security and related grounds

(A)In generalAny alien who has engaged, is engaged, or at any time after admission engages in—

(i)

any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,

(ii)

any other criminal activity which endangers public safety or national security, or

(iii)

any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,
is deportable.

(B)Terrorist activities

Any alien who is described in subparagraph (B) or (F) of section 1182(a)(3) of this title is deportable.

(C)Foreign policy

(i)In general

An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.

(ii)Exceptions

The exceptions described in clauses (ii) and (iii) of section 1182(a)(3)(C) of this title shall apply to deportability under clause (i) in the same manner as they apply to inadmissibility under section 1182(a)(3)(C)(i) of this title.

(D)Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing

Any alien described in clause (i), (ii), or (iii) of section 1182(a)(3)(E) of this title is deportable.

(E)Participated in the commission of severe violations of religious freedom

Any alien described in section 1182(a)(2)(G) of this title is deportable.

(F)Recruitment or use of child soldiers

Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18 is deportable.

(5)Public charge

Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.

(6)Unlawful voters

(A)In general

Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.

(B)Exception

In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.

(7)Waiver for victims of domestic violence

(A)In generalThe Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship—

(i)[1] upon a determination that—

(I)

the alien was acting is [2] self-defense;

(II)

the alien was found to have violated a protection order intended to protect the alien; or

(III)the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime—

(aa)

that did not result in serious bodily injury; and

(bb)

where there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty.

(B)Credible evidence considered

In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.

(b)Deportation of certain nonimmigrants

An alien, admitted as a nonimmigrant under the provisions of either section 1101(a)(15)(A)(i) or 1101(a)(15)(G)(i) of this title, and who fails to maintain a status under either of those provisions, shall not be required to depart from the United States without the approval of the Secretary of State, unless such alien is subject to deportation under paragraph (4) of subsection (a).

(c)Waiver of grounds for deportation

Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) (other than so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 1182(a) of this title) shall not apply to a special immigrant described in section 1101(a)(27)(J) of this title based upon circumstances that existed before the date the alien was provided such special immigrant status.

(d)Administrative stay

(1)If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 1101(a)(15) of this title filed for an alien in the United States sets forth a prima facie case for approval, the Secretary may grant the alien an administrative stay of a final order of removal under section 1231(c)(2) of this title until—

(A)

the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or

(B)

there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of administrative appeals.

(2)

The denial of a request for an administrative stay of removal under this subsection shall not preclude the alien from applying for a stay of removal, deferred action, or a continuance or abeyance of removal proceedings under any other provision of the immigration laws of the United States.

(3)

During any period in which the administrative stay of removal is in effect, the alien shall not be removed.

(4)

Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security or the Attorney General to grant a stay of removal or deportation in any case not described in this subsection.
(June 27, 1952, ch. 477, title II, ch. 4, § 237, formerly ch. 5, § 241, 66 Stat. 204; July 18, 1956, ch. 629, title III, § 301(b), (c), 70 Stat. 575; Pub. L. 86–648, § 9, July 14, 1960, 74 Stat. 505; Pub. L. 87–301, § 16, Sept. 26, 1961, 75 Stat. 655; Pub. L. 89–236, § 11(e), Oct. 3, 1965, 79 Stat. 918; Pub. L. 94–571, § 7(e), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 95–549, title I, § 103, Oct. 30, 1978, 92 Stat. 2065; Pub. L. 97–116, § 8, Dec. 29, 1981, 95 Stat. 1616; Pub. L. 99–570, title I, § 1751(b), Oct. 27, 1986, 100 Stat. 3207–47; Pub. L. 99–603, title III, § 303(b), Nov. 6, 1986, 100 Stat. 3431; Pub. L. 99–639, § 2(b), Nov. 10, 1986, 100 Stat. 3541; Pub. L. 99–653, § 7(c), Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, §§ 2(n)(2), 9(m), Oct. 24, 1988, 102 Stat. 2613, 2620; Pub. L. 100–690, title VII, §§ 7344(a), 7348(a), Nov. 18, 1988, 102 Stat. 4470, 4473; Pub. L. 101–649, title I, § 153(b), title V, §§ 505(a), 508(a), 544(b), title VI, § 602(a), (b), Nov. 29, 1990, 104 Stat. 5006, 5050, 5051, 5061, 5077, 5081; Pub. L. 102–232, title III, §§ 302(d)(3), 307(h), (k), Dec. 12, 1991, 105 Stat. 1745, 1755, 1756; Pub. L. 103–322, title XIII, § 130003(d), Sept. 13, 1994, 108 Stat. 2026; Pub. L. 103–416, title II, §§ 203(b), 219(g), Oct. 25, 1994, 108 Stat. 4311, 4317; Pub. L. 104–132, title IV, §§ 414(a), 435(a), Apr. 24, 1996, 110 Stat. 1270, 1274; renumbered ch. 4, § 237, and amended Pub. L. 104–208, div. C, title I, § 108(c), title III, §§ 301(d), 305(a)(2), 308(d)(2), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)–(N), (5), 344(b), 345(b), 347(b), 350(a), 351(b), title VI, § 671(a)(4)(B), (d)(1)(C), Sept. 30, 1996, 110 Stat. 3009–558, 3009–579, 3009–598, 3009–617, 3009–619 to 3009–622, 3009–637 to 3009–640, 3009–721, 3009–723; Pub. L. 106–386, div. B, title V, § 1505(b)(1), (c)(2), Oct. 28, 2000, 114 Stat. 1525, 1526; Pub. L. 106–395, title II, § 201(c)(1), (2), Oct. 30, 2000, 114 Stat. 1634, 1635; Pub. L. 107–56, title IV, § 411(b)(1), Oct. 26, 2001, 115 Stat. 348; Pub. L. 108–458, title V, §§ 5304(b), 5402, 5501(b), 5502(b), Dec. 17, 2004, 118 Stat. 3736, 3737, 3740, 3741; Pub. L. 109–13, div. B, title I, § 105(a)(1), (b), May 11, 2005, 119 Stat. 309, 310; Pub. L. 109–248, title IV, § 401, July 27, 2006, 120 Stat. 622; Pub. L. 109–271, § 6(c), Aug. 12, 2006, 120 Stat. 763; Pub. L. 110–340, § 2(c), Oct. 3, 2008, 122 Stat. 3736; Pub. L. 110–457, title II, §§ 204, 222(f)(2), Dec. 23, 2008, 122 Stat. 5060, 5071.)

[1]  So in original. No cl. (ii) has been enacted.

[2]  So in original. Probably should be “in”.

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.

https://www.law.cornell.edu/uscode/text/8/1227

Trump Seeking Compromise on Immigration…A Start?

Source: Trump would like to see compromise immigration bill

Laura Ingraham Show – February 28, 2017 Podcast

One Month Ago

FULL SPEECH: President Donald Trump NEW Immigration Policy AND Border Wall Details

Six Months Ago

Does Trump have a clear policy on immigration?

Donald Trump EPIC FLIP FLOP on Immigration, Now Pro-Amnesty

Trump’s Campaign Staff Can’t Keep Up With His Flip-Flops

AC/DC – Highway to Hell

AC/DC – Dirty Deeds Done Dirt Cheap (from Live at River Plate)

AC/DC – T.N.T. (from Live at River Plate)

AC/DC – Rock N Roll Train (from Live at River Plate)

AC/DC – Let There Be Rock (from Live at River Plate)

AC/DC – You Shook Me All Night Long (from Live at River Plate)

I’ll make this short and sweet, with the two tweets I’m basing this on:

Trump shift: official says WH open to legal status for undoc immigrants who haven’t committed serious crimes, per @wolfblitzer @jaketapper

Sr admin official: President Trump is eager for a compromise immigration bill, is thinking about adding a call for one in tonight’s speech.

What this really means is anyone’s guess.

Tuesday, Feb 28, 2017 · 2:53:09 PM CST · Hesiod

As some has suspected, it’s a “path to legal status,” not citizenship. Which is a complete set-up to blame Democrats when it fails.

President Trump would like a compromise immigration bill, with possible path to legal status http://www.cnn.com/2017/02/28/politics/trump-immigration-bill/index.html 

Photo published for Source: Trump envisions bill allowing many immigrants to stay in US

Source: Trump envisions bill allowing many immigrants to stay in US

President Donald Trump envisions compromise immigration legislation where those who aren’t serious or violent criminals could stay in the US legally, hold a job and pay taxes, without having to worry…

cnn.com

Story 2:  Legs Decorum In Oval Office — Videos

Image result for cartoon legs oval office kelly ann conway Image result for cartoon legs oval office kelly ann conway Image result for legs oval office kelly ann conway Image result for legs oval office kelly ann conway Image result for cartoons kelllyana conway feet legs on couch

Image result for cartoon legs oval office kelly ann conway

Image result for cartoons kelllyana conway feet legs on couch

Image result for cartoons kelllyana conway feet legs on couchImage result for cartoons kelllyana conway feet legs on couchImage result for president obama feetand legs on table and chairs

ZZ Top – Legs (OFFICIAL MUSIC VIDEO)

Kellyanne Conway back in hot water for kneeling on a sofa, in heels, while snapping photos

Kellyanne Conway Kneeling on a Couch Broke the Internet

Kellyanne Conway Spreads Her Legs On The Oval Couch During President’s Meeting With Black Leaders

Laura Ingraham – Mild Upskirt at 0:30 and Leg Cross

ZZ Top – Gimme All Your Lovin’ (OFFICIAL MUSIC VIDEO)

ZZ Top – I Gotsta Get Paid

Steppenwolf – Born To Be Wild (Easy Rider) (1969)

Steppenwolf – Born To Be Wild

Washington (AFP) – US President Donald Trump’s senior adviser Kellyanne Conway has come under fire after a picture of her casually kneeling on a couch in the Oval Office was widely shared on social media.

In an image captured by an AFP photographer, Conway appears on the couch with her shoes on as Trump poses for a photo with leaders of historically black colleges and universities.

Wall Street Journal columnist Bret Stephens was among those taking aim at Conway, suggesting that aides under previous administrations would have elicited even greater outcry.

“If Rice or Jarrett had sat like this in Oval Office, conservatives would have screamed themselves hoarse for weeks. Now we own trashy,” he wrote, referring to previous presidential aides.

Trump’s predecessor Barack Obama repeatedly took flak for photos in which he appeared to be relaxing.

Critics also chastised Obama for unbuttoning the previous Oval Office dress code that called for a suit jacket and a tie.

The image of Conway trended widely on social media, with several Twitter users berating her for what they described as a lack of respect in the Oval Office.

This is not the first time Conway has found herself at the centre of a storm.

She recently came under fire for plugging the fashion brand of the president’s daughter. The head of the US Office of Government Ethics urged the White House to investigate Conway after the incident, saying she should face disciplinary action.

She also famously coined the term “alternative facts” and referred to a “Bowling Green massacre” — which never happened — during an interview.

Conway later tweeted that she meant to say “Bowling Green terrorists” — referring to two Iraqi men who were indicted in 2011 for trying to send money and weapons to Al-Qaeda, and using improvised explosive devices against US soldiers in Iraq.

Related Video:

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The Pronk Pops Show 840, February 16, 2017, Story 1: President Trump’s First Press Conference Part 1: President Trump Speaks Directly To The American People — Videos — Story 2: President Trump Educates The Big Lie Media (Democratic Newspapers and Television Networks) with Fake News Spinning Propaganda — Videos

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 Story 1: President Trump’s First Press Conference Part 1: President Trump Speaks Directly To The American People — Videos — 

Image result for cartoons president trump press conference

Image result for cartoons president trump press conference

Image result for cartoons president trump press conference

Image result for cartoons 2017 branco president trump press conference

Image result for cartoons president trump press conference

Image result for cartoons 2017 branco president trump press conference

Image result for cartoons 2017 branco president trump press conference

President Donald Trump Full Press Conference Addresses Ties to Russia, Leaks, and “Fake News” 2/16

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President Trump scolds media at news conference

President Trump criticizes administration coverage

Sorry media — this press conference played very different with Trump’s supporters

 Far from dead, he was positively exuberant. His performance at a marathon press conference was a must-see-tv spectacle as he mixed serious policy talk with stand-up comedy and took repeated pleasure in whacking his favorite pinata, the “dishonest media.”

“Russia is a ruse,” he insisted, before finally saying under questioning he was not aware of anyone on his campaign having contact with Russian officials.

Trump’s detractors immediately panned the show as madness, but they missed the method behind it and proved they still don’t understand his appeal. Facing his first crisis in the Oval Office, he was unbowed in demonstrating his bare-knuckled intention to fight back.

He did it his way. Certainly no other president, and few politicians at any level in any time, would dare put on a show like that.

In front of cameras, and using the assembled press corps as props, he conducted a televised revival meeting to remind his supporters that he is still the man they elected. Ticking off a lengthy list of executive orders and other actions he has taken, he displayed serious fealty to his campaign promises.

Trump goes on marathon rant against the media

Sure, sentences didn’t always end on the same topic they started with, and his claim to have won the election by the largest electoral college margin since Ronald Reagan wasn’t close to true.

Fair points, but so what? Fact-checkers didn’t elect him, nor did voters who were happy with the status quo.

Trump, first, last and always, matches the mood of the discontented. Like them, he is a bull looking for a china shop. That’s his ace in the hole and he played it almost to perfection.

The immediate impact of his performance is likely to calm some of the jitters among Republicans in congress and supporters elsewhere, especially after the beating he took in the last few days.

On Monday night, Trump suddenly removed Gen. Michael Flynn, his national security adviser, over circumstances that still are not entirely clear. And on Wednesday, his nominee for Secretary of Labor, Andrew Puzder, withdrew after Republicans said he didn’t have the votes to be confirmed.

Combined with courts blocking his immigration and refugee order, unflattering leaks of confidential material from intelligence agencies and numerous demands for investigations into any Russian connections, Trump’s fast start suddenly hit a wall.

Just three weeks into his term, Democrats, in and out of the media, smelled blood. Many already were going for the kill.

They won’t get it, at least now. Trump bought himself time yesterday.

Yet those determined to bring him down won’t give up, and the insidious leaks of secret material suggest some opponents are members of the permanent government who are willing to use their position and the media to undermine him.

Indeed, the most serious leaks seem to vindicate a warning that Democratic Sen. Chuck Schumer made in early January after Trump criticized leaders of the spook agencies.

“Let me tell you, you take on the intelligence community, they have six ways from Sunday at getting back at you,” Schumer told an interviewer. “So even for a practical, supposedly hard-nosed businessman, he’s being really dumb to do this.”

That incredible statement reflects what a dangerous game rogue agents are playing. The world is on fire yet the president is the target of partisan revenge in his own government. It’s a scandal and it’s outrageous, but it’s a fact that Trump must confront.

Finding the leakers and prosecuting them, which he promises to do, is part of the solution.

rAnother part comes Saturday, when Trump takes his solo act to Florida for a massive public rally. It’s smart for him to get out of Washington and soak in the enthusiasm of the populist movement he leads.

He should do it regularly, and also hold smaller, town-hall style forums where ordinary citizens can ask him questions in more intimate settings. Any way he can speak directly to the American people and hear from them democratizes his presidency and reduces the power of big biased media and the Washington establishment.

Yet the only sure and lasting way to keep ahead of the lynch mob is by producing results. Success will be Trump’s savior.

And nothing says success like jobs, jobs, jobs. Getting the economy to reach lift-off speed is essential so it can deliver the good-paying jobs and prosperity that he promised and the nation needs.

While Republican honchos in congress say they’re getting ready to move on tax cuts and replacing ObamaCare, nothing will happen without presidential leadership. That means Trump’s fate is in his own hands and he must keep himself and his White House team focused on delivering an economic revival.

If he does that, the lynch mob will be left holding an empty rope.

http://nypost.com/2017/02/16/sorry-media-this-press-conference-played-very-different-with-trumps-supporters/

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The Pronk Pops Show 797, November 16, 2016, Story 1: Will Trump Stop The Dumbing Down of Education By Appointing Larry P. Arnn The Last Secretary of the Department of Education? –American People Would Cheer!– Videos

Posted on November 16, 2016. Filed under: 2016 Presidential Campaign, 2016 Presidential Candidates, Addiction, American History, Blogroll, College, Communications, Congress, Constitutional Law, Corruption, Countries, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Education, Elections, Empires, Employment, Energy, Federal Government, Government, Government Dependency, Government Spending, Hillary Clinton, History, House of Representatives, Housing, Human, Human Behavior, Illegal Immigration, Immigration, Language, Law, Legal Immigration, Life, Lying, Media, Medicare, Networking, Philosophy, Photos, Politics, Progressives, Raymond Thomas Pronk, Scandals, Science, Senate, Social Science, Social Security, Taxation, Taxes, Unemployment, United States of America, Videos, Wealth, Welfare Spending, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 797: November 16, 2016

Pronk Pops Show 796: November 15, 2016

Pronk Pops Show 795: November 14, 2016

Pronk Pops Show 794: November 10, 2016

Pronk Pops Show 793: November 9, 2016

Pronk Pops Show 792: November 8, 2016

Pronk Pops Show 791: November 7, 2016

Pronk Pops Show 790: November 4, 2016

Pronk Pops Show 789: November 3, 2016

Pronk Pops Show 788: November 2, 2016

Pronk Pops Show 787: October 31, 2016

Pronk Pops Show 786: October 28, 2016

Pronk Pops Show 785: October 27, 2016

Pronk Pops Show 784: October 26, 2016 

Pronk Pops Show 783: October 25, 2016

Pronk Pops Show 782: October 24, 2016

Pronk Pops Show 781: October 21, 2016

Pronk Pops Show 780: October 20, 2016

Pronk Pops Show 779: October 19, 2016

Pronk Pops Show 778: October 18, 2016

Pronk Pops Show 777: October 17, 2016

Pronk Pops Show 776: October 14, 2016

Pronk Pops Show 775: October 13, 2016

Pronk Pops Show 774: October 12, 2016

Pronk Pops Show 773: October 11, 2016

Pronk Pops Show 772: October 10, 2016

Pronk Pops Show 771: October 7, 2016

Pronk Pops Show 770: October 6, 2016

Pronk Pops Show 769: October 5, 2016 

Pronk Pops Show 768: October 3, 2016

Pronk Pops Show 767: September 30, 2016

Pronk Pops Show 766: September 29, 2016

Pronk Pops Show 765: September 28, 2016

Pronk Pops Show 764: September 27, 2016

Pronk Pops Show 763: September 26, 2016

Pronk Pops Show 762: September 23, 2016

Pronk Pops Show 761: September 22, 2016

Pronk Pops Show 760: September 21, 2016

Pronk Pops Show 759: September 20, 2016

Pronk Pops Show 758: September 19, 2016

Pronk Pops Show 757: September 16, 2016

Pronk Pops Show 756: September 15, 2016

Pronk Pops Show 755: September 14, 2016

Pronk Pops Show 754: September 13, 2016

Pronk Pops Show 753: September 12, 2016

Pronk Pops Show 752: September 9, 2016

Pronk Pops Show 751: September 8, 2016

Pronk Pops Show 750: September 7, 2016

Pronk Pops Show 749: September 2, 2016

Pronk Pops Show 748: September 1, 2016

Pronk Pops Show 747: August 31, 2016

Pronk Pops Show 746: August 30, 2016

Pronk Pops Show 745: August 29, 2016

Pronk Pops Show 744: August 26, 2016

Pronk Pops Show 743: August 25, 2016

Pronk Pops Show 742: August 24, 2016

Pronk Pops Show 741: August 23, 2016

Pronk Pops Show 740: August 22, 2016

Pronk Pops Show 739: August 18, 2016

Pronk Pops Show 738: August 17, 2016

Pronk Pops Show 737: August 16, 2016

Pronk Pops Show 736: August 15, 2016

Pronk Pops Show 735: August 12, 2016

Pronk Pops Show 734: August 11, 2016

Pronk Pops Show 733: August 9, 2016

Pronk Pops Show 732: August 8, 2016

Pronk Pops Show 731: August 4, 2016

Pronk Pops Show 730: August 3, 2016

Pronk Pops Show 729: August 1, 2016

Story 1: Will Trump Stop The Dumbing Down of Education By Appointing Larry P. Arnn The Last Secretary of the Department of Education? –American People Would Cheer!– Videos

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Larry P. Arnn Wins 2015 Bradley Prize

Published on Jun 16, 2015

Dr. Larry P. Arnn, president of Hillsdale College, was presented with the 2015 Bradley Prize for Outstanding Achievement.

Trump and Conservatism – Constitution Day Celebration

Published on Sep 17, 2016

Hillsdale College President Larry P. Arnn, National Review Senior Editor Jonah Goldberg, and Professor of Political Science John Marini discuss presidential candidate Donald J. Trump’s role in conservatism in America.

“Education and Politics” – Larry P. Arnn

Dr. Larry P. Arnn at Freshman Convocation | Hillsdale College

Larry Arnn on Reclaiming America’s First Principles

What Problem Does the Constitution Solve?

“Conservatism and Constitutionalism” – Larry P. Arnn

Education, Self-Government and Our Current Crisis

Time to Give Up or Time to Fight On?

Introduction to the U.S. Constitution – 2011-09 – Dr. Larry Arnn

Charlotte Iserbyt – Deliberate Dumbing Down of the World

Charlotte Iserbyt: The Miseducation of America

Trump says he’s going to cut Dept of Ed and EPA

Donald trump on cutting the EPA an department of education (CleanAirMatters)

Abolish Public Education: Privatize All Schools – Ron Paul (1988)

Rand Paul – Eliminating the Department of Education

Ted Cruz Abolish the Dept of Education AFP Defending the American Dream Summit 08 22 2015

The Cruz Radical Agenda: Eliminate the Dept. of Education

Glenn Beck -4-14-2010-The Plan Part 3- Abolish The Department of Education Part 1

National Campaign Launched to Abolish U.S. Education Department

THE SECRETARY OF EDUCATION FOR PRESIDENT-ELECT TRUMP SHOULD BE … NOBODY

By: Brian Darling | November 14, 2016

Now that President-elect Donald J. Trump has shocked the world and won the presidency, the talk has quickly shifted to the individuals he should consider for positions in his administration.

Politico reported on November 9, 2016 in a story titled “Meet Trump’s Cabinet-in-waiting” the following:

President-elect Donald Trump does not have the traditional cadre of Washington insiders and donors to build out his Cabinet, but his transition team has spent the past several months quietly building a short list of industry titans and conservative activists who could comprise one of the more eclectic and controversial presidential Cabinets in modern history.

As USA Today reports, there are plenty of names being floated for various administration positions. However, the best way to make the federal government great again (if that is even possible) is to shrink it. One interesting appointment should be Trump’s decision on who is to be the next Secretary of Education, and he could use that appointment to send a strong small government message. In Trump’s book, as reported by Business Insider, Trump has implied that the U.S Department of Education should be abolished.

During his campaign, President-elect Donald Trump repeatedly hit at the role of federal government in education, arguing instead for increased local control of schools. He has also hinted that the Department of Education should be abolished.

“A lot of people believe the Department of Education should just be eliminated. Get rid of it. If we don’t eliminate it completely, we certainly need to cut its power and reach,” he wrote in his book “Great Again: How to Fix Our Crippled America.”

It would be a bold move for President Trump to refuse to nominate a new head of the Department of Education to show that he is committed to abolishing it. For years, abolishing the Department of Education was part of the Republican platform until President George W. Bush teamed up with a liberal icon, the late Senator Edward Kennedy of Massachusetts, to pass No Child Left Behind that expanded federal intervention in education.

Education is best left to the states. That issue came into focus again when in May the Obama administration issued a letter ordering every public school in America to allow transgender students to use the bathroom of the opposite sex. Furthermore, the Department of Justice sued North Carolina over a law that prohibited people from the opposite sex to use public bathrooms. This action showed all followers of national news that the power of the federal government over education policy has gone haywire.

When one scans the Constitution, one cannot find any reference to education policy as an enumerated power of the federal government. Education has traditionally been a function of the states and ideas like No Child Left Behind have perverted that concept.

The time is now to create some incremental change in federal policy, particularly with regard to education. A good first step to at least scaling back the Department of Education would be for President Donald J. Trump to refuse to appoint anyone to be the next Secretary of Education.

Bruce Fein, former Associate Deputy Attorney General and General Counsel to the FCC under President Ronald Reagan takes my recommendation a few steps further and tells Conservative Review,

Trump should refuse to fill Department of Education, HUD, Department of Energy, Department of Commerce, Department of Labor, Consumer Product Safety Commission, Consumer Finance Protection Board. If there are one or a few serious things any of these agencies do, Trump should transfer them to another Cabinet Department, like DOE control over nuclear facilities.

That would be a bold, bold move and would show that Trump truly is coming to Washington to dismantle big government.

The time is now to create some incremental change in federal policy, particularly with regard to education.

At a minimum, leaving the Secretary of Education position vacant would be a daring move that would help in convincing conservative and libertarian Republicans that the president-elect is serious about implementing small government reforms.

https://www.conservativereview.com/commentary/2016/11/secretary-of-education-for-president-elect-trump-should-be-nobody#sthash.b5nJ00OW.dpuf

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And the truth is that these appointments really do matter. As the old saw has it: “Personnel is policy.” It’s the appointees in the various departments who will ultimately shape the Trump administration’s educational priorities and agenda. This has never been truer than now, given how much of Trump’s educational platform is a blank slate—or one filled with only the broadest of notional directives (e.g. school choice good, Common Core bad).

I’ll be clear: I don’t know who will populate the Trump administration’s Department of Education. I do have a few thoughts on some of the folks I’d like to see in the mix, though—and I figured I’d share them with you, if only so that fewer folks feel obliged to inquire. Please understand that this isn’t an exhaustive, careful, or complete list. After all, I have no particular thoughts, for instance, on the commissioner of the Rehabilitation Services Administration. It’s more an eclectic mix of some names I’d like to see considered. I’m sure I’ve forgotten some names that I’d have included if I’d given this more thought, and it’s obviously limited to individuals who I’m guessing/hoping might be willing to serve in this choice-friendly, Common Core-skeptical, Republican administration. I’ve also omitted some of the most outspoken NeverTrumpers (like John Bailey and Mike Petrilli), for obvious reasons.

Mitch Daniels. Credit: Flickr

Keep in mind that I have no juice in any of this and there’s no reason to expect anyone to listen to me. But so it goes. With all that in mind, here are some of the names I’d love to see considered for a dozen of the top jobs (I’m not bothering with bios or current positions; if you don’t know who someone is, just ride the google):

U.S. Secretary of Education: Mitch Daniels, Scott Walker, Bill Evers, Gerard Robinson
Deputy Secretary: David Cleary, Brian Jones, Lisa Graham Keegan, Larry Arnn
Under Secretary: Nina Rees, Paul Pastorek, Jim Peyser, Vic Klatt, Hanna Skandera
Assistant Secretary – Civil Rights: Joshua Dunn, Greg Lukianoff, Robert Scott
Assistant Secretary – Communications and Outreach: Jenna Talbot, Joy Pullmann, Holly Kuzmich
Assistant Secretary – Elementary and Secondary Education: Dwight Jones, Robert Pondiscio, Tom Luna, Matt Ladner, Jim Stergios
Assistant Secretary – Legislation and Congressional Affairs: Lindsay Fryer, D’arcy Philps, Lindsey Burke
Assistant Secretary – Planning, Evaluation and Policy Development: Peter Oppenheim, Brad Thomas, Andy Smarick, Robert Enlow
Assistant Secretary – Postsecondary Education: Andrew Kelly, Jason Delisle, James Bergeron
Assistant Secretary – Special Education and Rehabilitative Services: Joe Siedlecki, Mike McShane, Max Eden
Assistant Secretary – Vocational and Adult Education: Tom Stewart, Tony Bennett
Institute of Education Sciences – Director: Patrick Wolf, Jay Greene, Caroline Hoxby, Martin West, Rick Hanushek

https://www.aei.org/scholar/frederick-m-hess/

Who Could Be Donald Trump’s Education Secretary?

Thumbnail image for Donald-Trump-blog.jpg

UPDATED

President-elect Donald Trump doesn’t have a track record on education, which means that his choice of education secretary will send a really important signal on where he wants to go in terms of policy on the Every Student Succeeds Act, higher education, and more.

So who is on the short list? Tough to say, but here are some names making the rounds inside the Beltway:

Dr. Ben Carson: The neurosurgeon was among Trump’s opponents in the Republican presidential primaries and later endorsed him. As a candidate, Carson’s proposed education agenda, like Trump’s, centered on school choice. It’s easy to imagine that Carson, who is famous for separating conjoined twins, would spend a lot of time as secretary talking about the importance of science education. It’s unclear what form that would take though, given some of Carson’s other views. As secretary, Carson could revive the culture wars over how to teach evolution, since he’s said in the past he doesn’t believe in it. UPDATE: It doesn’t look like Carson is interested in serving in Trump’s cabinet, according to Bloomberg.

Gov. Scott Walker of Wisconsin: Walker, also a one-time Trump GOP primary rival, is probably best known for rolling back collective bargaining rights for public employees, including teachers, in Wisconsin. It’s unclear if he wants to sit at the helm of the education department, but a lot of Republicans in Washington have him on the top of their wish list. Since Walker is, or at least was, a rising star in the party, such a pick could elevate the importance of the issue.

Gerard Robinson: The former state chief in Virginia and Florida is now a fellow at the conservative American Enterprise Institute and a leader of Trump’s transition team on education. Check out Andrew’s interview with him here on what he hopes to see from a Trump administration. (Robinson was speaking only for himself in the interview, not on behalf of any organization.)

Williamson Evers: A research fellow at the Hoover Institution at Stanford University, he served in a top policymaking role—assistant secretary of planning, evaluation, and policy—during the tail end of the President George W. Bush’s administration. Evers, who has worked for past GOP presidential campaigns, is also a leader of the Trump transition team. He’s a veteran of the so-called “math wars” in California, has opposed teacher tenure, and was part of the Bush administration’s efforts to restart K-12 education in Iraq. More in this story. One possibility: Evers doesn’t become secretary, but gets a key role in the administration that could matter just as much on K-12, such as deputy secretary (the No. 2 post in the department).

Rep. Luke Messer, of Indiana: The GOP congressman pushed legislation that would allow Title I money for disadvantaged kids to follow students to the school of their choice, including a private school. That proposal ultimately foundered, but Messer has done some deep thinking on the question of how small-government-friendly Republicans could push choice. And he has a track record of working in a bipartisan way. He’s teamed up with Rep. Jared Polis, D-Colo., on student data privacy legislation, for instance.

Former Indiana state chief Tony Bennett: Bennett, who was a driving force in Chiefs for Change in its early days, is close to both former Florida Gov. Jeb Bush and incoming Vice President Mike Pence, who served as governor of Indiana. As state chief, Bennett, a Republican, pushed for an ambitious education redesign agenda, including teacher evaluation through student outcomes, A through F grades for schools, an expansion of charter schools and vouchers, and more. He was also a consistent supporter of the Common Core State Standards, which Trump doesn’t like. But his hard charging style didn’t sit well with some educators, and he was defeated in his bid for re-election by Glenda Ritz, a Democrat. (Ritz went on to lose her own re-election bid this year.) Later, Bennett became Florida’s state chief.

But he came under scrutiny when emails showed that, during his tenure in Indiana, he had changed the grade of a charter school from “C” to “A.” The school, Christel House, was run by a philanthropist who donated to Bennett’s campaign. Bennett left his gig in Florida, and was ultimately cleared of ethics violations by the Indiana State Ethics Commission. He was found guilty of using state resources for political purposes, and had to pay a $5,000 fine.

Admiral William McRaven: He is a former United States Navy admiral who oversaw special operations, and is the current chancellor of the University of Texas system. He’d be the first secretary with a primarily higher education background since Lauro Cavazos who served as education secretary under Presidents Ronald Reagan and George H.W. Bush.

Tony Zeiss: The former president of Central Piedmont Community College in Charlotte, N.C. retired in February after more than two decades of service. The school became a national leader in workforce development under his watch, according to the Charlotte Observer. His work even got a shout-out in President Barack Obama’s 2012 State of the Union address. Zeiss, whose name surfaced late Tuesday, would be another higher education pick. And like Pence, he’s a Hoosier.

Eva Moskowitz or Michelle Rhee: Both of these “reformey” Democrats were floated by a Trump spokesman during an appearence on MSNBC. Moskowitz is the founder of Success Academy Charter Schools, Rhee is the controversial former chancellor of public schools in the District of Columbia, where she pushed through policies like performance pay. Both are Democrats, so their policies could be pretty different from most of the other folks on this list.

Jeanne Allen: She’s a long-time school choice advocate who founded the Center for Education Reform, which champions vouchers and charter schools. Allen served as a senior aide at the U.S. Department of Education under President Ronald Reagan. In May, Allen said she rejected the opportunity to advise Trump’s campaign on education issues, telling us, “I don’t want my issues coming out of his mouth.”

It sounds like Allen may have reconsidered since then. She was heartened by the selection of Pence, and campaign manager Kellyanne Conway, she said on Twitter.

A Total Outsider: Before the election, Carl Paladino, a school member in Buffalo, N.Y., and Trump surrogate, told the Council of the Great City Schools that Trump could go completely outside the box on the education secretary pick and choose a business leader or someone with experience outside of education.

In addition, two other school choice advocates, Betty DeVos, a philanthropist, and Kevin Chavous, a former D.C. City council member and a Democrat, are also possibilities. Both sit on the board of directors of the American Federation for Children, a school choice advocacy organization. (Hat tip: Politico). And CNN has reported that Michelle Rhee, the former DC schools chancellor, is on the short list.

Of course, filling the lower-level positions at the department, such as the deputy secretary and assistant secretaries, can have an equally outsized impact on K-12. Over at Rick Hess Straight Up, the education policy director at AEI has some ideas.

http://blogs.edweek.org/edweek/campaign-k-12/2016/11/who_could_be_trumps_education_.html

 

 

Dumbing down

From Wikipedia, the free encyclopedia

Dumbing down is the deliberate oversimplification of intellectual content within education, literature, cinema, news, video games and culture in order to relate to those unable to assimilate more sophisticated information. The term “dumbing down” originated in 1933 as movie-business slang, used by motion picture screenplay writers, meaning: “[to] revise so as to appeal to those of little education or intelligence”.[1] Dumbing-down varies according to subject matter along with the reasons for lowering the intellect of the subject or topic. It often involves diminishment of critical thought involving the undermining of intellectual standards within language and learning; thus trivializing meaningful information, culture, and academic standards, as is the case of popular culture.

Philosophically, the term “dumbing down” is a relative definition, because what is considered dumbing down depends on the taste, value judgement, and intellectual level of the person involved in the matter. In Distinction: A Social Critique of the Judgement of Taste (1979), the sociologist Pierre Bourdieu (1930–2002) proposed that, in a society in which the cultural practices of the ruling class are rendered and established as the legitimate culture of that society, that action then devalues the cultural capital of the subordinate social classes, and thus limits their social mobility within their own society.

Education

In the late 20th century, the proportion of young people attending university in the UK increased sharply, including many who previously would not have been considered to possess the appropriate scholastic aptitude. In 2003, the UK Minister for Universities, Margaret Hodge, criticised Mickey Mouse degrees as a negative consequence of universities dumbing down their courses to meet “the needs of the market”: these are degrees conferred for studies in a field of endeavour “where the content is perhaps not as [intellectually] rigorous as one would expect, and where the degree, itself, may not have huge relevance in the labour market”: thus, a university degree of slight intellectual substance, which the student earned by “simply stacking up numbers on Mickey Mouse courses, is not acceptable”.[2][3]

In 2007 Wellington Grey, a high school physics instructor in London, published an Internet petition objecting to what he described as a dumbed-down curriculum. He wrote: “I am a physics teacher. Or, at least, I used to be”; and complained that “[Mathematical] calculations – the very soul of physics – are absent from the new General Certificate of Secondary Education.”[4] Among the examples of dumbing-down that he provided were: “Question: Why would radio stations broadcast digital signals, rather than analogue signals? Answer: Can be processed by computer/ipod” to “Question: Why must we develop renewable energy sources?” (a political question).

In Dumbing Us Down: The Hidden Curriculum of Compulsory Schooling (1991, 2002), John Taylor Gatto presented speeches and essays, including “The Psychopathic School”, his acceptance speech for the 1990 New York City Teacher of the Year award, and “The Seven-Lesson Schoolteacher”, his acceptance speech upon being named as the New York State Teacher of the Year for 1991.[5] Gatto writes that while he was hired to teach English and literature, he came to believe he was employed as part of a social engineering project. The “seven lessons” at the foundation of schooling were never explicitly stated, Gatto writes, but included teaching students that their self-worth depended on outside evaluation; that they were constantly ranked and supervised; and that they had no opportunities for privacy or solitude. Gatto speculated:

Was it possible, I had been hired, not to enlarge children’s power, but to diminish it? That seemed crazy, on the face of it, but slowly, I began to realize that the bells and confinement, the crazy sequences, the age-segregation, the lack of privacy, the constant surveillance, and all the rest of the national curriculum of schooling were designed exactly as if someone had set out to prevent children from learning how to think, and act, to coax them into addiction and dependent behavior.[5]

In examining the seven lessons of teaching, Gatto concluded that “all of these lessons are prime training for permanent underclasses, people deprived forever of finding the center of their own special genius.” That “school is a twelve-year jail sentence, where bad habits are the only curriculum truly learned. I teach school, and win awards doing it. I should know.”[5]

Mass communications media

Increased business competition and the introduction of econometric methods changed the business practices of the mass communications media. The business monopoly practice of media consolidation reduced the breadth and the depth of the journalism practiced and provided for the information of the public. The reduction of operating costs (overhead expenses) eliminated foreign news bureaus and reporters, in favour of presenting the public relations publications (news releases) of governments, businesses, and political parties as fact.

Refinements in measurement of approval ratings and audience size increased the incentive for journalists and TV producers to write simplistic material, diminishing the intellectual complexity of the argument presented, usually at the expense of factual accuracy and rationality. Cultural theorists, such as Richard Hoggart, Raymond Williams, Neil Postman, Henry Giroux, and Pierre Bourdieu, invoked these effects as evidence that commercial television is an especially pernicious contributor to the dumbing-down of communications. Nonetheless, the cultural critic Stuart Hall said that the people responsible for teaching critical thinking – parents and academic instructors – can improve the quality (breadth and depth) of their instruction by occasionally including television programmes.

In France, Michel Houellebecq has written (not excluding himself) of “the shocking dumbing-down of French culture and intellect as was recently pointed out, [2008] sternly but fairly, by TIME magazine.”[6]

In popular culture

The science fiction film Idiocracy (2005) portrays the U.S. as a greatly dumbed-down society 500 years later, in which the low cultural condition was achieved with dysgenics, over-reproduction by people of low intelligence being greater than the rate of reproduction of people of high intelligence. Similar concepts appeared in earlier works, notably the science fiction short story The Marching Morons (1951), by Cyril M. Kornbluth which also features a modern-day protagonist in a future dominated by low-intelligence persons. Moreover, the novel Brave New World (1931), by Aldous Huxley, discussed the ways that society was effectively dumbed down in order to maintain political stability and social order.

The social critic Paul Fussell touched on these themes (“prole drift”) in his non-fiction book Class: A Guide Through the American Status System (1983)[7] and focused on them specifically in BAD: or, The Dumbing of America(1991).

The musical groups Chumbawamba, The Divine Comedy, Ugly Duckling, and Lupe Fiasco, each have a song titled “Dumb It Down”.

See also

References

  1. Jump up^ Algeo, John; Algeo, Adele (1988). “Among the New Words”. American Speech. 63 (4): 235–236. doi:10.1215/00031283-78-3-331.
  2. Jump up^ ‘Irresponsible’ Hodge under fire“, BBC News, 14 January 2003. URL accessed on 24 June 2006.
  3. Jump up^ 50% higher education target doomed, says thinktank“, EducationGuardian.co.uk, 14 July 2005. URL accessed on 24 June 2006.
  4. Jump up^ “Physicists protest at GCSE change”. BBC News. 28 June 2007.
  5. ^ Jump up to:a b c The Odysseus Group Web site of John Taylor Gatto [1], retrieved 23 February 2009
  6. Jump up^ Michel Houellebecq/Bernard-Henri Lévy, Public Enemies (2011) pp. 3-4
  7. Jump up^ Fussell, P. (1983). Class: A Guide Through the American Status System. New York: Summit Books

External links

https://en.wikipedia.org/wiki/Dumbing_down

Larry P. Arnn

From Wikipedia, the free encyclopedia

Larry Paul Arnn has served as the twelfth president of Hillsdale College in Hillsdale, Michigan, United States since May 2000.[1][2][3][4][5]

He is a political conservative who has been influenced by the thought of Leo Strauss and his teacher Harry V. Jaffa.[6]

Biography

Born in Pocahontas, Arkansas, Arnn received his B.A. (1974) in Political Science and Accounting from Arkansas State University.[1][3][4] He earned graduate degrees in Government from Claremont Graduate School — an M.A. in 1976 and a Ph.D. in 1985.[1][3][4] Arnn studied in England from 1977 to 1980, at the London School of Economics studying International History and then at Worcester College, Oxford University in Modern History.[3][4] While in England, he worked as Director of Research for Martin Gilbert, the official biographer of Winston Churchill.[1][3]

In 1980, Arnn become an editor for Public Research, Syndicated in the United States.[1] He was one of four founders of the Claremont Institute in Claremont, California, and served as its president from 1985 to 2000.[2][4][5] In 2000, he was named the twelfth president of Hillsdale College.[5] In this capacity, he set the ambitious goal of $400 million for the college’s Founders Campaign, beginning in 2001, and under his watch, several new buildings have arisen on the campus.

Arnn has been a trustee of the conservative Heritage Foundation since 2002.[2] In 2012 it offered its presidency to Arnn, who decided to stay in academe instead.[7]

Arnn also sits on the boards of directors of the Henry Salvatori Center for the Study of Individual Freedom in the Modern World at Claremont McKenna College, the Center for Individual Rights, and the Claremont Institute.[1] He is a member of the Mont Pelerin Society, the Churchill Centre, and the Philanthropy Roundtable.[1] As of 2014, he was listed as a member of the Council for National Policy in their directory.[8]

Discussing politics at Hillsdale, Arnn remarked, “If you take the reading of an old book on the view that it’s valuable, you have already discarded the modern Left.”[9] Arnn supported Donald Trump for President in the 2016 US election[10]

Controversies

“Dark Ones” Comment

In 2013, Arnn was criticized for his remarks about ethnic minorities when he testified before the Michigan State Legislature. In testimony against the Common Core curriculum standards, in which Arnn expressed concern about government interference with educational institutions, he recalled that shortly after he assumed the presidency at Hillsdale he received a letter from the state Department of Education that said his college “violated the standards for diversity,” adding, “because we didn’t have enough dark ones, I guess, is what they meant.” After being criticized for calling minorities “dark ones”, he explained that he was referring to “dark faces”, saying: “The State of Michigan sent a group of people down to my campus, with clipboards … to look at the colors of people’s faces and write down what they saw. We don’t keep records of that information. What were they looking for besides dark ones?”[11] Michigan House Democratic Leader Tim Greimel condemned Arnn for his comments, which he called “offensive” and “inflammatory and bigoted”, and asked for an apology.[12] The College issued a statement apologizing for Arnn’s remark, while reiterating Arnn’s concern about “state sponsored racism” in the form of affirmative action policies.[13]

Bibliography

  • Liberty and Learning: The Evolution of American Education (2004)
  • The Founders’ Key: The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It
  • Churchill’s Trial: Winston Churchill and the Salvation of Free Government” (2015)

References

  1. ^ Jump up to:a b c d e f g Hillsdale College faculty page
  2. ^ Jump up to:a b c Heritage Foundation Board of Trustees
  3. ^ Jump up to:a b c d e Thomas Nelson webpage[dead link]
  4. ^ Jump up to:a b c d e John Locke Foundation webpage
  5. ^ Jump up to:a b c Claremont Institute webpage
  6. Jump up^ Paul E. Gottfried (2011). Leo Strauss and the Conservative Movement in America. Cambridge U.P. p. 59.
  7. Jump up^ Tim Mak, “Heritage Foundation gets tough: Think tank puts punch behind its conservative ideas,” Washington Examiner Sept. 13, 2013
  8. Jump up^ 2014 Membership Directory, redacted and released by the Southern Poverty Law Center
  9. Jump up^ Arnn, Larry (September 1, 2014). “Hugh Hewitt Show” (Interview). Interview with Hugh Hewitt.
  10. Jump up^ http://scholarsandwritersforamerica.org/. Missing or empty |title= (help)
  11. Jump up^ Klein, Rebecca (2013-08-01). “Hillsdale College President Larry Arnn Under Fire For Calling Minority Students ‘Dark Ones'”. Huffington Post.
  12. Jump up^ “Statement from House Democratic Leader Tim Greimel (D-Auburn Hills) on Hillsdale College President Larry Arnn’s racist remarks: | Michigan House Democratic Caucus”. Housedems.com. 2013-07-31. Retrieved 2014-08-27.
  13. Jump up^ Higgins, Lori; Jesse, David (August 1, 2013). “Hillsdale president get heat over racial remark”. Detroit Free Press. Retrieved September 26, 2013. ‘No offense was intended by the use of that term except to the offending bureaucrats, and Dr. Arnn is sorry if such offense was honestly taken. But the greater concern, he believes, is the state-endorsed racism the story illustrates.’

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The Pronk Pops Show 783, October 25, 2016, Story 1: Trump’s First 100 Days Contract With The American People — The Second Gettysburg Address — A New Direction For America — Videos

Posted on October 25, 2016. Filed under: 2016 Presidential Campaign, 2016 Presidential Candidates, American History, Banking System, Blogroll, Breaking News, Bribery, Budgetary Policy, Communications, Constitutional Law, Corruption, Countries, Crime, Culture, Desertion, Donald J. Trump, Donald Trump, Donald Trump, Drugs, Economics, Elections, Empires, Employment, Fiscal Policy, Government Dependency, Government Spending, High Crimes, Hillary Clinton, Hillary Clinton, History, Housing, Human Behavior, Illegal Drugs, Illegal Drugs, Illegal Immigration, Immigration, Impeachment, Labor Economics, Law, Legal Drugs, Legal Immigration, Life, Lying, Media, Monetary Policy, News, Philosophy, Photos, Politics, Polls, Radio, Raymond Thomas Pronk, Scandals, Social Networking, Tax Policy, Taxation, Taxes, Technology, Trade Policy, United States of America | Tags: , , , , , , , , , , , , , |

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Government of the people, by the people, for the people, shall not perish from the Earth.

~Abraham Lincoln

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Story 1: Trump’s First 100 Days Contract With The American People — The Second Gettysburg Address — A New Direction For America — – Videos

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Latest Polls

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Tuesday, October 25
Race/Topic   (Click to Sort) Poll Results Spread
General Election: Trump vs. Clinton vs. Johnson vs. Stein IBD/TIPP Tracking Clinton 42, Trump 41, Johnson 8, Stein 3 Clinton +1
General Election: Trump vs. Clinton IBD/TIPP Tracking Clinton 43, Trump 42 Clinton +1
General Election: Trump vs. Clinton vs. Johnson vs. Stein NBC News/SM Clinton 46, Trump 41, Johnson 7, Stein 3 Clinton +5
General Election: Trump vs. Clinton NBC News/SM Clinton 50, Trump 44 Clinton +6
General Election: Trump vs. Clinton vs. Johnson vs. Stein Rasmussen Reports Clinton 43, Trump 42, Johnson 5, Stein 2 Clinton +1
General Election: Trump vs. Clinton vs. Johnson vs. Stein ABC News Tracking Clinton 50, Trump 38, Johnson 5, Stein 2 Clinton +12
General Election: Trump vs. Clinton ABC News Tracking Clinton 53, Trump 41 Clinton +12
General Election: Trump vs. Clinton LA Times/USC Tracking Clinton 45, Trump 44 Clinton +1
Ohio: Trump vs. Clinton Remington Research (R)* Trump 46, Clinton 42 Trump +4
Pennsylvania: Trump vs. Clinton Remington Research (R)* Clinton 45, Trump 42 Clinton +3
Minnesota: Trump vs. Clinton vs. Johnson vs. Stein Star Tribune Clinton 47, Trump 39, Johnson 6, Stein 1 Clinton +8
Wisconsin: Trump vs. Clinton Remington Research (R)* Clinton 46, Trump 41 Clinton +5
Indiana: Trump vs. Clinton vs. Johnson Gravis Trump 49, Clinton 38, Johnson 5 Trump +11
North Carolina: Trump vs. Clinton vs. Johnson Remington Research (R) Clinton 44, Trump 47, Johnson 3 Trump +3
North Carolina: Trump vs. Clinton vs. Johnson NY Times/Siena Clinton 46, Trump 39, Johnson 8 Clinton +7
Florida: Trump vs. Clinton Remington Research (R)* Clinton 46, Trump 46 Tie
Arkansas: Trump vs. Clinton vs. Johnson vs. Stein Talk Business/Hendrix College Trump 56, Clinton 33, Johnson 4, Stein 2 Trump +23
Virginia: Trump vs. Clinton Remington Research (R)* Clinton 48, Trump 43 Clinton +5
South Dakota: Trump vs. Clinton vs. Johnson KELO/Mason-Dixon Trump 44, Clinton 37, Johnson 7 Trump +7
Colorado: Trump vs. Clinton Remington Research (R)* Clinton 45, Trump 43 Clinton +2
Arizona: Trump vs. Clinton vs. Johnson vs. Stein Monmouth Clinton 45, Trump 46, Johnson 4, Stein 1 Trump +1
Nevada: Trump vs. Clinton vs. Johnson Remington Research (R) Clinton 44, Trump 47, Johnson 4 Trump +3
Idaho: Trump vs. Clinton vs. Johnson vs. Stein vs. McMullin Emerson Trump 52, Clinton 23, McMullin 10, Johnson 4, Stein Trump +29
New Hampshire Senate – Ayotte vs. Hassan UMass Amherst/WBZ* Hassan 44, Ayotte 48 Ayotte +4
North Carolina Senate – Burr vs. Ross NY Times/Siena Burr 46, Ross 47 Ross +1
Nevada Senate – Heck vs. Cortez Masto KTNV/Rasmussen Cortez Masto 43, Heck 41 Cortez Masto +2
Nevada Senate – Heck vs. Cortez Masto Las Vegas Review-Journal Cortez Masto 45, Heck 44 Cortez Masto +1
Arizona Senate – McCain vs. Kirkpatrick Monmouth* McCain 50, Kirkpatrick 40 McCain +10
Indiana Senate – Young vs. Bayh Gravis* Bayh 39, Young 37 Bayh +2
Arkansas Senate – Boozman vs. Eldridge Talk Business/Hendrix College* Boozman 52, Eldridge 34 Boozman +18
Idaho Senate – Crapo vs. Sturgill Emerson Crapo 57, Sturgill 24 Crapo +33
New Hampshire Governor – Sununu vs. Van Ostern UMass Amherst/WBZ* Ostern 44, Sununu 43 Ostern +1
North Carolina Governor – McCrory vs. Cooper NY Times/Siena Cooper 51, McCrory 45 Cooper +6
Indiana Governor – Holcomb vs. Gregg Gravis* Gregg 42, Holcomb 38 Gregg +4
New Hampshire 1st District – Guinta vs. Shea-Porter UMass Amherst/WBZ* Shea-Porter 41, Guinta 37 Shea-Porter +4
New Hampshire 2nd District – Lawrence vs. Kuster UMass Amherst/WBZ* Kuster 53, Lawrence 42 Kuster +11
President Obama Job Approval Gallup Approve 52, Disapprove 46 Approve +6
President Obama Job Approval Rasmussen Reports Approve 54, Disapprove 44 Approve +10

2016 Presidential Election Forecasts

2016 electoral map projections from a wide range of sources. Select any of the links for the latest map and detail. All the maps are interactive, so you can use any of them as a starting point to create and share your own forecast.
Aggregated Maps: Poll-Based | Poll-Based (no toss-ups) | Consensus
Statistical Models: FiveThirtyEight | Princeton | PredictWise | NYT Upshot
Full-time Analysts: Sabato’s Crystal Ball | Cook Political | Rothenberg & Gonzales
Media Analysis: ABC | AP | CNN | FOX | NBC | NPR | The Fix | Governing

We’ve included thumbnails of some of the maps below.

Crystal Ball 2016 Electoral College Ratings

Most recent projection for the 2016 election from Larry Sabato and the team at the University of Virginia Center for Politics. Use this map as a starting point to create and share your own 2016 presidential election forecast.

Kyle Kondik, managing editor of Sabato’s Crystal Ball, has written a book called The Bellwether, about Ohio’s record as a predictor of presidential elections. Only twice since 1896 have Ohio voters gotten it wrong.

NOTE: The actual total for Safe Clinton is 183; Likely Clinton 75. In Maine, Sabato rates the state Likely Clinton, with District 1 Safe.

Associated Press Electoral Map Analysis

The Associated Press analysis of the electoral map as of October 24th.

Use this map as a starting point to create and share your own 2016 presidential election forecast.

Princeton Election Consortium Electoral Map

Colors indicate likelihood for a Clinton or Trump victory in each state based on current polling. See the Princeton Election Consortium site for probability color scheme.

FiveThirtyEight Polls-Plus Forecast

Updated hourly, this is an electoral map derived from the polls-plus forecast from FiveThirtyEight. This is defined as “what polls, the economy and historical data tell us about Nov. 8.”

The toss-up tan color is used when no candidate has a 60% or higher chance of winning. The colored gradients are used to show higher probabilities for Clinton or Trump, deepening as the chance of winning increases:  Light (60%+), Medium (80%+), Dark (90%+).

Use this map as a starting point to create and share your own 2016 presidential election forecast.

CNN Electoral College Map

CNN October 19 map update

Use this map as a starting point to create and share your own 2016 presidential election forecast.

Cook Political Report Forecast

Most recent projection for the 2016 election from Cook Political Report. Use this as a starting point to create and share your own 2016 presidential election forecast.

NOTE: The actual total for Safe Clinton is 188; Likely Clinton 50. In Maine, Cook rates the state Likely Clinton, with District 1 Safe.

To learn more or to subscribe, visit The Cook Political Report.

Rothenberg & Gonzales Ratings

Latest projection* for the 2016 election from Rothenberg & Gonzales Political Report. Use this as a starting point to create and share your own 2016 election forecast.

To learn more or to subscribe, visit The Rothenberg & Gonzales Political Report.

*Toss-up/Tilt states are shown as Lean Clinton: FL, NC, NV, WI and Lean Trump: AZ

NBC General Election Battleground Map

The latest battleground map from the NBC News Political Unit.

Use this map as a starting point to create and share your own 2016 presidential election forecast.

NPR General Election Ratings

From NPR: “Let’s make one thing clear: Three weeks out from this election, Hillary Clinton is winning — and it’s not close.”

Use this map as a starting point to create and share your own 2016 presidential election forecast.

The Fix Electoral College Ratings

The current electoral college ratings map from “The Fix” political team at The Washington Post. Use this as a starting point to create and share your own 2016 election forecast.

Follow @TheFix on Twitter for their latest commentary and analysis of the 2016 elections.

Louis Jacobson/Governing 2016 Electoral Map

Current projection from Louis Jacobson, who has handicapped the electoral college in 2008, 2012 and 2016, most recently for Governing magazine, where he writes a twice-monthly column on state politics. Jacobson is also a senior correspondent with PolitiFact and senior author of the Almanac of American Politics 2016.

This analysis also ranks states from most likely to go Republican to most likely to go Democratic. Full report.

ABC News Presidential State Ratings

From ABC News: Democratic presidential nominee Hillary Clinton is maintaining a decided advantage in the Electoral College this November, strengthening her grip around states tipping her way while forcing Republican nominee Donald Trump to defend a handful of typical GOP strongholds.

Use this map as a starting point to create and share your own 2016 presidential election forecast.

Today’s Electoral College Map

This map provides a state-by-state overview of the current polling. States for which we are currently at least 95% confident in the outcome are considered “safe states” and are colored in the darkest color. States for which we are less confident in the outcome are more lightly colored based on the direction in which they are currently leaning (either towards Clinton, or towards Trump). States which we currently view as tied are colored in white. Those states which are currently polling for Clinton are colored in blue, and those for Trump are colored in red. Because the map indicates probabilities and not margins, a state is intensely shaded when margins are consistent across multiple polls, even when those margins are small.

The number at the top of the map indicates the sum of electoral votes in individual states, giving leaners full credit. Note that this is different from the electoral vote totals given in the banner, which represent the median of all possible outcomes, which number in the quadrillions. The banner therefore does a better job of accounting for uncertainties in an election held today.

Create your own map at 270toWin.com

http://election.princeton.edu/electoral-college-map/

FULL RALLY Trump In GETTYSBURG Historical Speech First 100 Days Plan

FULL Donald Trump Delivers MAJOR Policy Speech In Gettysburg PA 10/22/16 FIRST 100 DAYS IN OFFICE SP

Ben Carson on Trump’s Speech: ‘He Knows We’re Down to the Crux Now’

Abraham Lincoln, Gettysburg Address from the movie ‘Saving Lincoln’

– OCTOBER 22, 2016 –

DONALD J. TRUMP DELIVERS GROUNDBREAKING CONTRACT FOR THE AMERICAN VOTER IN GETTYSBURG

Download PDF

Presents 100-Day Plan To Make America Great Again – For Everyone

Gettysburg, PA: Today, in historic Gettysburg, PA, Donald J. Trump presented a game-changing plan for his first 100 days in office. This revolutionary “Contract with the American Voter” will ensure that America’s economy is revitalized and citizens are protected.

“I’m not a politician, and have never wanted to be one. But when I saw the trouble our country was in, I knew I couldn’t stand by and watch any longer. Our country has been so good to me, I love our country, I felt I had to act,” said Mr. Trump in his address.

“Change has to come from outside this broken system. The fact that the Washington establishment has tried so hard to stop our campaign is only more proof that our campaign represents the kind of change that only arrives once in a lifetime,” he continued.

“I am asking the American people to rise above the noise and the clutter of our broken politics, and to embrace that great faith and optimism that has always been the central ingredient in the American character. I am asking you to dream big.

“What follows is my 100-day action plan to Make America Great Again. It is a contract between Donald J. Trump and the American voter – and begins with restoring honesty, accountability and change to Washington,” he concluded.

DONALD J. TRUMP CONTRACT WITH THE AMERICAN VOTER

“Therefore, on the first day of my term of office, my administration will immediately pursue the following six measures to clean up the corruption and special interest collusion in Washington, DC:

  • FIRST, propose a Constitutional Amendment to impose term limits on all members of Congress;
  • SECOND, a hiring freeze on all federal employees to reduce federal workforce through attrition (exempting military, public safety, and public health);
  • THIRD, a requirement that for every new federal regulation, two existing regulations must be eliminated;
  • FOURTH, a 5 year-ban on White House and Congressional officials becoming lobbyists after they leave government service;
  • FIFTH, a lifetime ban on White House officials lobbying on behalf of a foreign government;
  • SIXTH, a complete ban on foreign lobbyists raising money for American elections.

On the same day, I will begin taking the following seven actions to protect American workers:

  • FIRST, I will announce my intention to renegotiate NAFTA or withdraw from the deal under Article 2205
  • SECOND, I will announce our withdrawal from the Trans-Pacific Partnership
  • THIRD, I will direct my Secretary of the Treasury to label China a currency manipulator
  • FOURTH, I will direct the Secretary of Commerce and U.S. Trade Representative to identify all foreign trading abuses that unfairly impact American workers and direct them to use every tool under American and international law to end those abuses immediately
  • FIFTH, I will lift the restrictions on the production of $50 trillion dollars’ worth of job-producing American energy reserves, including shale, oil, natural gas and clean coal.
  • SIXTH, lift the Obama-Clinton roadblocks and allow vital energy infrastructure projects, like the Keystone Pipeline, to move forward
  • SEVENTH, cancel billions in payments to U.N. climate change programs and use the money to fix America’s water and environmental infrastructure

Additionally, on the first day, I will take the following five actions to restore security and the constitutional rule of law:

  • FIRST, cancel every unconstitutional executive action, memorandum and order issued by President Obama
  • SECOND, begin the process of selecting a replacement for Justice Scalia from one of the 20 judges on my list, who will uphold and defend the Constitution of the United States
  • THIRD, cancel all federal funding to Sanctuary Cities
  • FOURTH, begin removing the more than 2 million criminal illegal immigrants from the country and cancel visas to foreign countries that won’t take them back
  • FIFTH, suspend immigration from terror-prone regions where vetting cannot safely occur. All vetting of people coming into our country will be considered extreme vetting.

Next, I will work with Congress to introduce the following broader legislative measures and fight for their passage within the first 100 days of my Administration:

1. Middle Class Tax Relief And Simplification Act. An economic plan designed to grow the economy 4% per year and create at least 25 million new jobs through massive tax reduction and simplification, in combination with trade reform, regulatory relief, and lifting the restrictions on American energy. The largest tax reductions are for the middle class. A middle-class family with 2 children will get a 35% tax cut. The current number of brackets will be reduced from 7 to 3, and tax forms will likewise be greatly simplified. The business rate will be lowered from 35 to 15 percent, and the trillions of dollars of American corporate money overseas can now be brought back at a 10 percent rate.

2. End The Offshoring Act Establishes tariffs to discourage companies from laying off their workers in order to relocate in other countries and ship their products back to the U.S. tax-free.

3. American Energy & Infrastructure Act. Leverages public-private partnerships, and private investments through tax incentives, to spur $1 trillion in infrastructure investment over 10 years. It is revenue neutral.

4. School Choice And Education Opportunity Act. Redirects education dollars to gives parents the right to send their kid to the public, private, charter, magnet, religious or home school of their choice. Ends common core, brings education supervision to local communities. It expands vocational and technical education, and make 2 and 4-year college more affordable.

5. Repeal and Replace Obamacare Act. Fully repeals Obamacare and replaces it with Health Savings Accounts, the ability to purchase health insurance across state lines, and lets states manage Medicaid funds. Reforms will also include cutting the red tape at the FDA: there are over 4,000 drugs awaiting approval, and we especially want to speed the approval of life-saving medications.

6. Affordable Childcare and Eldercare Act. Allows Americans to deduct childcare and elder care from their taxes, incentivizes employers to provide on-site childcare services, and creates tax-free Dependent Care Savings Accounts for both young and elderly dependents, with matching contributions for low-income families.

7. End Illegal Immigration Act Fully-funds the construction of a wall on our southern border with the full understanding that the country Mexico will be reimbursing the United States for the full cost of such wall; establishes a 2-year mandatory minimum federal prison sentence for illegally re-entering the U.S. after a previous deportation, and a 5-year mandatory minimum for illegally re-entering for those with felony convictions, multiple misdemeanor convictions or two or more prior deportations; also reforms visa rules to enhance penalties for overstaying and to ensure open jobs are offered to American workers first.

8. Restoring Community Safety Act. Reduces surging crime, drugs and violence by creating a Task Force On Violent Crime and increasing funding for programs that train and assist local police; increases resources for federal law enforcement agencies and federal prosecutors to dismantle criminal gangs and put violent offenders behind bars.

9. Restoring National Security Act. Rebuilds our military by eliminating the defense sequester and expanding military investment; provides Veterans with the ability to receive public VA treatment or attend the private doctor of their choice; protects our vital infrastructure from cyber-attack; establishes new screening procedures for immigration to ensure those who are admitted to our country support our people and our values

10. Clean up Corruption in Washington Act. Enacts new ethics reforms to Drain the Swamp and reduce the corrupting influence of special interests on our politics.

On November 8th, Americans will be voting for this 100-day plan to restore prosperity to our economy, security to our communities, and honesty to our government.

This is my pledge to you.

And if we follow these steps, we will once more have a government of, by and for the people.”

– OCTOBER 22, 2016 –

DONALD J. TRUMP DELIVERS GROUNDBREAKING CONTRACT FOR THE AMERICAN VOTER IN GETTYSBURG

Download PDF

Presents 100-Day Plan To Make America Great Again – For Everyone

Gettysburg, PA: Today, in historic Gettysburg, PA, Donald J. Trump presented a game-changing plan for his first 100 days in office. This revolutionary “Contract with the American Voter” will ensure that America’s economy is revitalized and citizens are protected.

“I’m not a politician, and have never wanted to be one. But when I saw the trouble our country was in, I knew I couldn’t stand by and watch any longer. Our country has been so good to me, I love our country, I felt I had to act,” said Mr. Trump in his address.

“Change has to come from outside this broken system. The fact that the Washington establishment has tried so hard to stop our campaign is only more proof that our campaign represents the kind of change that only arrives once in a lifetime,” he continued.

“I am asking the American people to rise above the noise and the clutter of our broken politics, and to embrace that great faith and optimism that has always been the central ingredient in the American character. I am asking you to dream big.

“What follows is my 100-day action plan to Make America Great Again. It is a contract between Donald J. Trump and the American voter – and begins with restoring honesty, accountability and change to Washington,” he concluded.

https://www.donaldjtrump.com/press-releases/donald-j.-trump-delivers-groundbreaking-contract-for-the-american-vote1

DONALD J. TRUMP CONTRACT WITH THE AMERICAN VOTER

“Therefore, on the first day of my term of office, my administration will immediately pursue the following six measures to clean up the corruption and special interest collusion in Washington, DC:

  • FIRST, propose a Constitutional Amendment to impose term limits on all members of Congress;
  • SECOND, a hiring freeze on all federal employees to reduce federal workforce through attrition (exempting military, public safety, and public health);
  • THIRD, a requirement that for every new federal regulation, two existing regulations must be eliminated;
  • FOURTH, a 5 year-ban on White House and Congressional officials becoming lobbyists after they leave government service;
  • FIFTH, a lifetime ban on White House officials lobbying on behalf of a foreign government;
  • SIXTH, a complete ban on foreign lobbyists raising money for American elections.

On the same day, I will begin taking the following seven actions to protect American workers:

  • FIRST, I will announce my intention to renegotiate NAFTA or withdraw from the deal under Article 2205
  • SECOND, I will announce our withdrawal from the Trans-Pacific Partnership
  • THIRD, I will direct my Secretary of the Treasury to label China a currency manipulator
  • FOURTH, I will direct the Secretary of Commerce and U.S. Trade Representative to identify all foreign trading abuses that unfairly impact American workers and direct them to use every tool under American and international law to end those abuses immediately
  • FIFTH, I will lift the restrictions on the production of $50 trillion dollars’ worth of job-producing American energy reserves, including shale, oil, natural gas and clean coal.
  • SIXTH, lift the Obama-Clinton roadblocks and allow vital energy infrastructure projects, like the Keystone Pipeline, to move forward
  • SEVENTH, cancel billions in payments to U.N. climate change programs and use the money to fix America’s water and environmental infrastructure

Additionally, on the first day, I will take the following five actions to restore security and the constitutional rule of law:

  • FIRST, cancel every unconstitutional executive action, memorandum and order issued by President Obama
  • SECOND, begin the process of selecting a replacement for Justice Scalia from one of the 20 judges on my list, who will uphold and defend the Constitution of the United States
  • THIRD, cancel all federal funding to Sanctuary Cities
  • FOURTH, begin removing the more than 2 million criminal illegal immigrants from the country and cancel visas to foreign countries that won’t take them back
  • FIFTH, suspend immigration from terror-prone regions where vetting cannot safely occur. All vetting of people coming into our country will be considered extreme vetting.

Next, I will work with Congress to introduce the following broader legislative measures and fight for their passage within the first 100 days of my Administration:

1. Middle Class Tax Relief And Simplification Act. An economic plan designed to grow the economy 4% per year and create at least 25 million new jobs through massive tax reduction and simplification, in combination with trade reform, regulatory relief, and lifting the restrictions on American energy. The largest tax reductions are for the middle class. A middle-class family with 2 children will get a 35% tax cut. The current number of brackets will be reduced from 7 to 3, and tax forms will likewise be greatly simplified. The business rate will be lowered from 35 to 15 percent, and the trillions of dollars of American corporate money overseas can now be brought back at a 10 percent rate.

2. End The Offshoring Act Establishes tariffs to discourage companies from laying off their workers in order to relocate in other countries and ship their products back to the U.S. tax-free.

3. American Energy & Infrastructure Act. Leverages public-private partnerships, and private investments through tax incentives, to spur $1 trillion in infrastructure investment over 10 years. It is revenue neutral.

4. School Choice And Education Opportunity Act. Redirects education dollars to gives parents the right to send their kid to the public, private, charter, magnet, religious or home school of their choice. Ends common core, brings education supervision to local communities. It expands vocational and technical education, and make 2 and 4-year college more affordable.

5. Repeal and Replace Obamacare Act. Fully repeals Obamacare and replaces it with Health Savings Accounts, the ability to purchase health insurance across state lines, and lets states manage Medicaid funds. Reforms will also include cutting the red tape at the FDA: there are over 4,000 drugs awaiting approval, and we especially want to speed the approval of life-saving medications.

6. Affordable Childcare and Eldercare Act. Allows Americans to deduct childcare and elder care from their taxes, incentivizes employers to provide on-site childcare services, and creates tax-free Dependent Care Savings Accounts for both young and elderly dependents, with matching contributions for low-income families.

7. End Illegal Immigration Act Fully-funds the construction of a wall on our southern border with the full understanding that the country Mexico will be reimbursing the United States for the full cost of such wall; establishes a 2-year mandatory minimum federal prison sentence for illegally re-entering the U.S. after a previous deportation, and a 5-year mandatory minimum for illegally re-entering for those with felony convictions, multiple misdemeanor convictions or two or more prior deportations; also reforms visa rules to enhance penalties for overstaying and to ensure open jobs are offered to American workers first.

8. Restoring Community Safety Act. Reduces surging crime, drugs and violence by creating a Task Force On Violent Crime and increasing funding for programs that train and assist local police; increases resources for federal law enforcement agencies and federal prosecutors to dismantle criminal gangs and put violent offenders behind bars.

9. Restoring National Security Act. Rebuilds our military by eliminating the defense sequester and expanding military investment; provides Veterans with the ability to receive public VA treatment or attend the private doctor of their choice; protects our vital infrastructure from cyber-attack; establishes new screening procedures for immigration to ensure those who are admitted to our country support our people and our values

10. Clean up Corruption in Washington Act. Enacts new ethics reforms to Drain the Swamp and reduce the corrupting influence of special interests on our politics.

On November 8th, Americans will be voting for this 100-day plan to restore prosperity to our economy, security to our communities, and honesty to our government.

This is my pledge to you.

And if we follow these steps, we will once more have a government of, by and for the people.”

https://assets.donaldjtrump.com/CONTRACT_FOR_THE_VOTER.pdf

The Gettysburg Address

Gettysburg, Pennsylvania
November 19, 1863
On June 1, 1865, Senator Charles Sumner referred to the most famous speech ever given by President Abraham Lincoln. In his eulogy on the slain president, he called the Gettysburg Address a “monumental act.” He said Lincoln was mistaken that “the world will little note, nor long remember what we say here.” Rather, the Bostonian remarked, “The world noted at once what he said, and will never cease to remember it. The battle itself was less important than the speech.”

There are five known copies of the speech in Lincoln’s handwriting, each with a slightly different text, and named for the people who first received them: Nicolay, Hay, Everett, Bancroft and Bliss. Two copies apparently were written before delivering the speech, one of which probably was the reading copy. The remaining ones were produced months later for soldier benefit events. Despite widely-circulated stories to the contrary, the president did not dash off a copy aboard a train to Gettysburg. Lincoln carefully prepared his major speeches in advance; his steady, even script in every manuscript is consistent with a firm writing surface, not the notoriously bumpy Civil War-era trains. Additional versions of the speech appeared in newspapers of the era, feeding modern-day confusion about the authoritative text.

Bliss Copy

Ever since Lincoln wrote it in 1864, this version has been the most often reproduced, notably on the walls of the Lincoln Memorial in Washington. It is named after Colonel Alexander Bliss, stepson of historian George Bancroft. Bancroft asked President Lincoln for a copy to use as a fundraiser for soldiers (see “Bancroft Copy” below). However, because Lincoln wrote on both sides of the paper, the speech could not be reprinted, so Lincoln made another copy at Bliss’s request. It is the last known copy written by Lincoln and the only one signed and dated by him. Today it is on display at the Lincoln Room of the White House.

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.

Abraham Lincoln
November 19, 1863


Nicolay Copy

Named for John G. Nicolay, President Lincoln’s personal secretary, this is considered the “first draft” of the speech, begun in Washington on White house stationery. The second page is writen on different paper stock, indicating it was finished in Gettysburg before the cemetery dedication began. Lincoln gave this draft to Nicolay, who went to Gettysburg with Lincoln and witnessed the speech. The Library of Congress owns this manuscript.

Four score and seven years ago our fathers brought forth, upon this continent, a new nation, conceived in liberty, and dedicated to the proposition that “all men are created equal.”

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived, and so dedicated, can long endure. We are met on a great battle field of that war. We come to dedicate a portion of it, as a final resting place for those who died here, that the nation might live. This we may, in all propriety do.

But, in a larger sense, we can not dedicate – we can not consecrate – we can not hallow, this ground – The brave men, living and dead, who struggled here, have hallowed it, far above our poor power to add or detract. The world will little note, nor long remember what we say here; while it can never forget what they did here.

It is rather for us, the living, we here be dedicated to the great task remaining before us – that, from these honored dead we take increased devotion to that cause for which they here, gave the last full measure of devotion – that we here highly resolve these dead shall not have died in vain; that the nation, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth.


Hay Copy

Believed to be the second draft of the speech, President Lincoln gave this copy to John Hay, a White House assistant. Hay accompanied Lincoln to Gettysburg and briefly referred to the speech in his diary: “the President, in a fine, free way, with more grace than is his wont, said his half dozen words of consecration.” The Hay copy, which includes Lincoln’s handwritten changes, also is owned by the Library of Congress.

Four score and seven years ago our fathers brought forth, upon this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived, and so dedicated, can long endure. We are met here on a great battlefield of that war. We have come to dedicate a portion of it, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But in a larger sense, we can not dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it far above our poor power to add or detract. The world will little note, nor long remember, what we say here, but can never forget what they did here.

It is for us, the living, rather to be dedicated here to the unfinished work which they have, thus far, so nobly carried on. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion – that we here highly resolve that these dead shall not have died in vain; that this nation shall have a new birth of freedom; and that this government of the people, by the people, for the people, shall not perish from the earth.


Everett Copy

Edward Everett, the chief speaker at the Gettysburg cemetery dedication, clearly admired Lincoln’s remarks and wrote to him the next day saying, “I should be glad, if I could flatter myself that I came as near to the central idea of the occasion, in two hours, as you did in two minutes.” In 1864 Everett asked Lincoln for a copy of the speech to benefit Union soldiers, making it the third manuscript copy. Eventually the state of Illinois acquired it, where it’s preserved at the Abraham Lincoln Presidential Library and Museum.

Four score and seven years ago our fathers brought forth, upon this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived, and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting-place for those who here gave their lives, that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate, we can not consecrate – we can not hallow – this ground. The brave men, living and dead, who struggled here, have consecrated it far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here.

It is for us, the living, rather, to be dedicated here to the unfinished work which they who fought here, have, thus far, so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us – that from these honored dead we take increased devotion to that cause for which they here gave the last full measure of devotion – that we here highly resolve that these dead shall not have died in vain – that this nation, under God, shall have a new birth of freedom – and that government of the people, by the people, for the people, shall not perish from the earth.


Bancroft Copy

As noted above, historian George Bancroft asked President Lincoln for a copy to use as a fundraiser for soldiers. When Lincoln sent his copy on February 29, 1864, he used both sides of the paper, rendering the manuscript useless for lithographic engraving. So Bancroft kept this copy and Lincoln had to produce an additional one (Bliss Copy). The Bancroft copy is now owned by Cornell University.

Four score and seven years ago our fathers brought forth, on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived, and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting-place for those who here gave their lives, that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate, we can not consecrate – we can not hallow – this ground. The brave men, living and dead, who struggled here, have consecrated it far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us – that from these honored dead we take increased devotion to that cause for which they here gave the last full measure of devotion – that we here highly resolve that these dead shall not have died in vain – that this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth.

Source for all versions: Collected Works of Abraham Lincoln, edited by Roy P. Basler and others.

Related Links

A Teacher’s Tour of the Battle of Gettysburg (Matthew Pinsker/Gilder Lehrman Institute)
Battlefield Map (Library of Congress)
Civil War Institute (Gettysburg College)
Gettysburg Address Essay Contest (Lincoln Fellowship of Pennsylvania)
Gettysburg Address Exhibit (Library of Congress)
Gettysburg Address Eyewitness (National Public Radio)
Gettysburg Address News Article (New York Times)
Gettysburg Address Teacher Resource (C-SPAN)
Gettysburg Civil War Photographs (Library of Congress)
Gettysburg Discussion Group (Bob & Dennis Lawrence)
Gettysburg Foundation
Gettysburg National Military Park (NPS)
How Some Few “Remarks” Became the Gettysburg Address (LAP/ALI)
Letter of Invitation to Lincoln (Library of Congress)
Lincoln and Gettysburg Highlights
Lincoln and the Gettysburg Awakening (JALA)
Lincoln at Gettysburg
Lincoln at Gettysburg Photo Tour
Lincoln Fellowship of Pennsylvania
Lincoln’s Invitation to Stay Overnight (Library of Congress)
Lincoln’s Letter from Edward Everett (Library of Congress)
On Lincoln’s Mind: Leading the Nation to the Gettysburg Address (Papers of Abraham Lincoln)
Photograph of Lincoln at Gettysburg (Library of Congress)
Reading of the Gettysburg Address (NPR)
Recollections of Lincoln at Gettysburg (Bob Cooke)
Response to a Serenade
Seminary Ridge Historic Preservation Foundation
Solving the Mysteries of the Gettysburg Address (LAP/ALI)
The Gettysburg Powerpoint Presentation (Peter Norvig)
Who Stole the Gettysburg Address? (JALA)
Wills House

Related Books

  • Boritt, Gabor. The Gettysburg Gospel: The Lincoln Speech That Nobody Knows. Simon & Schuster, 2006.
  • Graham, Kent. November: Lincoln’s Elegy at Gettysburg. Indiana University Press, 2001.
  • Hoch, Bradley R. and Boritt, Gabor S. The Lincoln Trail in Pennsylvania. Pennsylvania State University Press, 2001.
  • Johnson, Martin P. Writing the Gettysburg Address. University Press of Kansas, 2013.
  • Kunhardt, Philip B., Jr. A New Birth of Freedom – Lincoln at Gettysburg. Boston: Little, Brown, 1983.
  • Mearns, David C., Dunlap, Lloyd A., Wilson, Douglas L., and Sellers, John R., contributors. Long Remembered: Lincoln and His Five Versions of the Gettysburg Address. Levenger Press, 2011.
  • Wills, Garry. Lincoln at Gettysburg: The Words That Remade America. Touchstone Books, 1993.

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Pronk Pops Show 766: September 29, 2016

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Pronk Pops Show 759: September 20, 2016

Pronk Pops Show 758: September 19, 2016

Pronk Pops Show 757: September 16, 2016

Pronk Pops Show 756: September 15, 2016

Pronk Pops Show 755: September 14, 2016

Pronk Pops Show 754: September 13, 2016

Pronk Pops Show 753: September 12, 2016

Pronk Pops Show 752: September 9, 2016

Pronk Pops Show 751: September 8, 2016

Pronk Pops Show 750: September 7, 2016

Pronk Pops Show 749: September 2, 2016

Pronk Pops Show 748: September 1, 2016

Pronk Pops Show 747: August 31, 2016

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Pronk Pops Show 741: August 23, 2016

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Pronk Pops Show 739: August 18, 2016

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Pronk Pops Show 737: August 16, 2016

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Pronk Pops Show 731: August 4, 2016

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Pronk Pops Show 729: August 1, 2016

Pronk Pops Show 728: July 29, 2016

Pronk Pops Show 727: July 28, 2016

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Pronk Pops Show 713: July 6, 2016

Pronk Pops Show 712: July 5, 2016

Pronk Pops Show 711: July 1, 2016

Story 1: Who Won The Third 2016 Presidential Debate? Trump — Who Will Be Elected President of The United States? — Who Do You Trust The Most? — Trump — Verdict On Hillary Clinton’s Criminal Activities Given By American People on Election Day, November 8 —  Videos

 

Electoral College Projections as of October 19th

October 19, 2016

As we head into the final presidential debate, and with just under three weeks to go until the 2016 presidential election, here’s the state of the race from the viewpoint of 14 forecasters. You can find all the associated maps, as well as a few others, on our2016 Presidential Election Forecasts page.

Since our last update on October 13th, both Hillary Clinton and Donald Trump’s average total electoral votes are little changed. Clinton is at 300, Trump 187. Within Trump’s average, however, we are beginning to see an erosion in states where the Republican nominee is favored vs. those that are leaning in his direction. For example, a couple forecasters have moved Texas from favored to leaning.

Note that the statistical projections (shaded in gray) in the table may change several times a day as new input data (e.g., polls released that day) are processed by the models. This will lead to more variability vs. the other forecasters.

http://www.270towin.com/news/2016/10/19/electoral-college-projections-october-19th_398.html#.WAgvH-iAOko

Latest Polls

Wednesday, October 19
Race/Topic   (Click to Sort) Poll Results Spread
General Election: Trump vs. Clinton vs. Johnson vs. Stein Quinnipiac Clinton 47, Trump 40, Johnson 7, Stein 1 Clinton +7
General Election: Trump vs. Clinton Quinnipiac Clinton 50, Trump 44 Clinton +6
General Election: Trump vs. Clinton vs. Johnson vs. Stein IBD/TIPP Clinton 40, Trump 41, Johnson 8, Stein 6 Trump +1
General Election: Trump vs. Clinton IBD/TIPP Clinton 44, Trump 41 Clinton +3
General Election: Trump vs. Clinton vs. Johnson vs. Stein Bloomberg Clinton 47, Trump 38, Johnson 8, Stein 3 Clinton +9
General Election: Trump vs. Clinton vs. Johnson vs. Stein Economist/YouGov Clinton 42, Trump 38, Johnson 6, Stein 1 Clinton +4
General Election: Trump vs. Clinton vs. Johnson vs. Stein Reuters/Ipsos Clinton 42, Trump 38, Johnson 6, Stein 2 Clinton +4
General Election: Trump vs. Clinton vs. Johnson vs. Stein Rasmussen Reports Clinton 42, Trump 42, Johnson 7, Stein 1 Tie
General Election: Trump vs. Clinton LA Times/USC Tracking Clinton 44, Trump 44 Tie
North Carolina: Trump vs. Clinton vs. Johnson SurveyUSA Clinton 46, Trump 44, Johnson 6 Clinton +2
North Carolina: Trump vs. Clinton vs. Johnson Civitas (R) Clinton 45, Trump 43, Johnson 5 Clinton +2
Pennsylvania: Trump vs. Clinton vs. Johnson vs. Stein Emerson Clinton 45, Trump 41, Johnson 4, Stein 4 Clinton +4
New Hampshire: Trump vs. Clinton vs. Johnson vs. Stein Emerson Clinton 44, Trump 36, Johnson 10, Stein 6 Clinton +8
New Hampshire: Trump vs. Clinton vs. Johnson vs. Stein WMUR/UNH Clinton 49, Trump 34, Johnson 8, Stein 2 Clinton +15
Missouri: Trump vs. Clinton vs. Johnson vs. Stein Emerson Trump 47, Clinton 39, Johnson 5, Stein 2 Trump +8
Arizona: Trump vs. Clinton vs. Johnson vs. Stein Arizona Republic Clinton 43, Trump 38, Johnson 7, Stein 4 Clinton +5
Wisconsin: Trump vs. Clinton vs. Johnson vs. Stein Monmouth Clinton 47, Trump 40, Johnson 6, Stein 1 Clinton +7
New York: Trump vs. Clinton vs. Johnson vs. Stein Siena Clinton 54, Trump 30, Johnson 5, Stein 4 Clinton +24
Kansas: Trump vs. Clinton vs. Johnson vs. Stein KSN News/SurveyUSA Trump 47, Clinton 36, Johnson 7, Stein 2 Trump +11
Utah: Trump vs. Clinton vs. Johnson vs. Stein vs. McMullin Emerson Trump 27, Clinton 24, McMullin 31, Johnson 5, Stein 0 McMullin +4
Vermont: Trump vs. Clinton vs. Johnson vs. Stein Vermont Public Radio Clinton 45, Trump 17, Johnson 4, Stein 3 Clinton +28

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Presidential Debate – October 19, 2016

Full. Third Presidential Debate. Donald Trump vs Hillary Clinton. October 19, 2016

LIVE: Third Presidential Debate (C-SPAN)

Social media mocks Hillary Clinton’s ‘creepy grandma’ grin

Hillary Clinton ~~ Pure Evil Devil Laugh (Remix)

Trump: Clinton such a nasty woman

Donald Trump: We need to get out ‘bad hombres’

Trump: Justice Ginsburg apologized to me

TRUMP RESPONDS! Project Veritas Action – Clinton Campaign and DNC Incite Violence at Trump Rallies

UPDATE , A MUST WATCH Project Veritas #3

Fox & Friends 10/15/16 NEW Wikileaks Bombshell Hillary Clinton Open Border

WikiLeaks Doc Dump on Hillary! Calls for Open Borders in Leaked Emails! – 10/7/16

WikiLeaks Hits Hillary Clinton with a 9.0 Magnitude Earthquake | 08 Oct 2016

Michael Savage – If Trumps Wins Elite Will Blame Russia And Cancel Elections

RUSH: What In The World Happened To All The Trump Voters?

LIMBAUGH: Woman Who Claims Trump ‘OCTOPUSED’ Her Is MAKING IT UP!

Wikileaks Blows To Pieces Rigged Media, Project Veritas Destroys Democratic Party Operatives

Rigging the Election – Video I: Clinton Campaign and DNC Incite Violence at Trump Rallies

Rigging the Election – Video II: Mass Voter Fraud

FOX NEWS ALERT 10/18/16 Trump On Clinton Email Scandal This Is Big Stuff. This Is Watergate.

Hillary Clinton The Movie Banned by the Courts in 2008

3 Reasons Not To Sweat The “Citizens United” SCOTUS Ruling

What You Probably Haven’t Heard About Citizens United

Justice Scalia on Citizens United (C-SPAN)

Crooked Hillary Threatens to Ban Gun Ownership With Supreme Court Nominations

Hillary Clinton Outlines Plan to Abolish the Second Amendment

The Heller Ruling, Five Years On (Robert Levy)

Dem Operative Who Oversaw Trump Rally Agitators Visited White House 342 Times

PETER HASSON

Reporter, Associate Editor

A key operative in a Democratic scheme to send agitators to cause unrest at Donald Trump’s rallies has visited the White House 342 times since 2009, White House records show.

Robert Creamer, who acted as a middle man between the Clinton campaign, the Democratic National Committee and “protesters” who tried — and succeeded — to provoke violence at Trump rallies met with President Obama during 47 of those 342 visits, according to White House records. Creamer’s last visit was in June 2016.

Creamer, whose White House visits were first pointed out by conservative blog Weasel Zippers, is stepping back from his role within the Clinton campaign. (RELATED: Second O’Keefe Video Shows Dem Operative Boasting About Voter Fraud)

Hidden camera video from activist James O’Keefe showed Creamer bragging that his role within the Clinton campaign was to oversee the work of Americans United for Change, a non-profit organization that sent activists to Trump rallies. (RELATED: Activist Who Took Credit For Violent Chicago Protests Was On Hillary’s Payroll)

Scott Foval, the national field director for Americans United for Change, explained how the scheme works.
“The [Clinton] campaign pays DNC, DNC pays Democracy Partners, Democracy Partners pays the Foval Group, The Foval Group goes and executes the shit,” Foval told an undercover journalist.
One example of the “shit” Foval executes was an instance in which a 69-year-old woman garnered headlines after claiming to be assaulted at a Trump rally.

“She was one of our activists,” Foval said.

Creamer’s job was to “manage” the work carried out by Foval.

“And the Democratic Party apparatus and the people from the campaign, the Clinton campaign and my role with the campaign, is to manage all that,” Creamer told an undercover journalist.

“Wherever Trump and Pence are gonna be we have events,” he said.

http://dailycaller.com/2016/10/18/exposed-dem-operative-who-oversaw-trump-rally-agitators-visited-white-house-342-times/#ixzz4Naebnlzy

 

 

Citizens United v. FEC

From Wikipedia, the free encyclopedia
“Citizens United” redirects here. For the political organization, see Citizens United (organization). For other uses, see Citizens United (disambiguation).
Citizens United v. Federal Election Commission
Seal of the United States Supreme Court.svg

Argued March 24, 2009
Reargued September 9, 2009
Decided January 21, 2010
Full case name Citizens United, Appellant v. Federal Election Commission
Docket nos. 08-205
Citations 558 U.S. 310 (more)

130 S.Ct. 876
Argument Oral argument
Reargument Reargument
Opinion announcement Opinion announcement
Prior history denied appellants motion for a preliminary injunction 530 F. Supp. 2d 274 (D.D.C. 2008)[1]probable jurisdiction noted128 S. Ct. 1471 (2008).
Holding
The Freedom of the Speech Clause of the First Amendment to the United States Constitution prohibits the government from restricting independent political expenditures by a nonprofit corporation. And the provision of the Bipartisan Campaign Reform Act prohibiting unions, corporations and not-for-profit organizations from broadcasting electioneering communications within 60 days of a general election or 30 days of a primary election violates the clause of the First Amendment to the United States Constitution. United States District Court for the District of Columbia reversed.
Court membership
Case opinions
Majority Kennedy, joined by Roberts, Scalia, Alito; Thomas (all but Part IV); Stevens, Ginsburg, Breyer, Sotomayor (only as to Part IV)
Concurrence Roberts, joined by Alito
Concurrence Scalia, joined by Alito; Thomas (in part)
Concur/dissent Stevens, joined by Ginsburg, Breyer, Sotomayor
Concur/dissent Thomas
Laws applied
U.S. Const. amend. I, Bipartisan Campaign Reform Act
This case overturned a previous ruling or rulings
McConnell v. FEC (in part)

Citizens United v. Federal Election Commission, No. 08-205, 558U.S.310 (2010), is a U.S. constitutional law and corporate law case dealing with the regulation of campaign spending by organizations. The United States Supreme Court held (5–4) that freedom of speech prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unions and other associations.[2][3]

In the case, the conservativenon-profit organizationCitizens United wanted to air a film critical of Hillary Clinton and to advertise the film during television broadcasts, which was a violation of the 2002 Bipartisan Campaign Reform Act, commonly known as the McCain–Feingold Act or “BCRA”.[4] Section 203 of BCRA defined an “electioneering communication” as a broadcast, cable, or satellite communication that mentioned a candidate within 60 days of a general election or 30 days of a primary, and prohibited such expenditures by corporations and unions. The United States District Court for the District of Columbia held that §203 of BCRA applied and prohibited Citizens United from advertising the film Hillary: The Movie in broadcasts or paying to have it shown on television within 30 days of the 2008 Democratic primaries.[1][5] The Supreme Court reversed this decision, striking down those provisions of BCRA that prohibited corporations (including nonprofit corporations) and unions from making independent expenditures and “electioneering communications”.[4] The majority decision overruled Austin v. Michigan Chamber of Commerce (1990) and partially overruled McConnell v. Federal Election Commission (2003).[6] The Court, however, upheld requirements for public disclosure by sponsors of advertisements (BCRA §201 and §311). The case did not involve the federal ban on direct contributions from corporations or unions to candidate campaigns or political parties, which remain illegal in races for federal office.[7]

Background

The Bipartisan Campaign Reform Act of 2002 (known as BCRA or McCain–Feingold Act) – specifically §203, which modified the Federal Election Campaign Act of 1971, 2 U.S.C.§ 441b – prohibited corporations and unions from using their general treasury to fund “electioneering communications” (broadcast advertisements mentioning a candidate) within 30 days before a primary or 60 days before a general election. During the 2004 presidential campaign, a conservative nonprofit 501(c)(4) organization named Citizens United filed a complaint before the Federal Election Commission (FEC) charging that advertisements for Michael Moore’s film Fahrenheit 9/11, a docudrama critical of the Bush administration’s response to the terrorist attacks on September 11, 2001, constituted political advertising and thus could not be aired within the 30 days before a primary election or 60 days before a general election. The FEC dismissed the complaint after finding no evidence that broadcast advertisements for the film and featuring a candidate within the proscribed time limits had actually been made.[8] The FEC later dismissed a second complaint which argued that the movie itself constituted illegal corporate spending advocating the election or defeat of a candidate, which was illegal under the Taft-Hartley Act of 1947 and the Federal Election Campaign Act Amendments of 1974. In dismissing that complaint, the FEC found that:

The complainant alleged that the release and distribution of FAHRENHEIT 9/11 constituted an independent expenditure because the film expressly advocated the defeat of President Bush and that by being fully or partially responsible for the film’s release, Michael Moore and other entities associated with the film made excessive and/or prohibited contributions to unidentified candidates. The Commission found no reason to believe the respondents violated the Act because the film, associated trailers and website represented bona fide commercial activity, not “contributions” or “expenditures” as defined by the Federal Election Campaign Act.[9]

In the wake of these decisions, Citizens United sought to establish itself as a bona fide commercial film maker, producing several documentary films between 2005 and 2007. By early 2008, it sought to run television commercials to promote its political documentary Hillary: The Movie and to air the movie on DirecTV.[10]

In the District Court

In December 2007 Citizens United filed a complaint in the U.S. District Court for the District of Columbia challenging the constitutionality of several statutory provisions governing “electioneering communications”.[11] It asked the court to declare that the corporate and union funding restrictions were unconstitutional both on its face and as applied to Hillary: The Movie, and to enjoin the Federal Election Commission from enforcing its regulations. Citizens United also argued that the Commission’s disclosure and disclaimer requirements were unconstitutional as applied to the movie pursuant to the Supreme Court decision in Federal Election Commission v. Wisconsin Right to Life, Inc.. It also sought to enjoin the funding, disclosure, and disclaimer requirements as applied to Citizens United’s intended ads for the movie.

In accordance with special rules in section 403 of the BCRA, a three-judge court was convened to hear the case. On January 15, 2008, the court denied Citizens United’s motion for a preliminary injunction, finding that the suit had little chance of success because the movie had no reasonable interpretation other than as an appeal to vote against Senator Clinton, that it was therefore express advocacy, not entitled to exemption from the ban on corporate funding of electioneering communications, and that television advertisements for the movie within 30 days of a primary violated the BCRA restrictions on “electioneering communications”.[12] The court held that the Supreme Court in McConnell v. FEC (2003) had found the disclosure requirements constitutional as to all electioneering communications, and Wisconsin RTL did not disturb this holding because the only issue of that case was whether speech that did not constitute the functional equivalent of express advocacy could be banned during the relevant pre-election period.

On July 18, 2008, the District Court granted summary judgement to the Federal Election Commission. In accordance with the special rules in the BCRA, Citizens United appealed to the Supreme Court which docketed the case on August 18, 2008 and granted certiorari on November 14, 2008.[13]

The Supreme Court heard oral argument on March 24, 2009[10][14][15] and then asked for further briefs on June 29; the re-argument was heard on September 9, 2009.[13]

Before the Supreme Court

During the original oral argument, Deputy Solicitor General Malcolm L. Stewart (representing the FEC) argued that under Austin v. Michigan Chamber of Commerce, the government would have the power to ban books if those books contained even one sentence expressly advocating the election or defeat of a candidate and were published or distributed by a corporation or labor union.[16] In response to this line of questioning, Stewart further argued that under Austin the government could ban the digital distribution of political books over the Amazon Kindle or prevent a union from hiring a writer to author a political book.[17]

According to a 2012 article in The New Yorker by Jeffrey Toobin, the Court expected after oral argument to rule on the narrow question that had originally been presented: could Citizens United show the film? At the subsequent conference among the justices after oral argument, the vote was 5–4 in favor of Citizens United being allowed to show the film. The justices voted the same as they had in Federal Election Commission v. Wisconsin Right to Life, Inc., a similar 2007 case, with Chief Justice Roberts and Justices Scalia, Kennedy, Thomas and Alito in the majority.[18]

Chief Justice John Roberts wrote the initial opinion of the Court, holding that the BCRA allowed the showing of the film. A draft concurring opinion by Justice Kennedy argued that the court could and should have gone much further. The other justices in the majority began agreeing with Kennedy, and convinced Roberts to reassign the writing and allow Kennedy’s concurrence to become the majority opinion.[18]

On the other side, John Paul Stevens, the most senior justice in the minority, assigned the dissent to David Souter, who announced his retirement from the Court while he was working on it. The final draft went beyond critiquing the majority. Toobin described it as “air[ing] some of the Court’s dirty laundry,” writing that Souter’s dissent accused Roberts of having manipulated Court procedures to reach his desired result – an expansive decision that, Souter claimed, changed decades of election law and ruled on issues neither party to the litigation had presented.[18]

According to Toobin, Roberts was concerned that Souter’s dissent, likely to be his last opinion for the Court, could “damage the Court’s credibility.” He agreed with the minority to withdraw the opinion and schedule the case for reargument. However, when he did, the “Questions Presented” to the parties were more expansive, touching on the issues Kennedy had identified. According to Toobin, the eventual result was therefore a foregone conclusion from that point on.[18] Toobin’s account has been criticized for drawing conclusions unsupported by the evidence in his article.[19]

On June 29, 2009, the last day of the term, the Court issued an order directing the parties to re-argue the case on September 9 after briefing whether it might be necessary to overrule Austin and/or McConnell v. Federal Election Commission to decide the case.[20] Justice Stevens noted in his dissent that in its prior motion for summary judgment Citizens United had abandoned its facial challenge of BCRA §203, with the parties agreeing to the dismissal of the claim.[21]

Justice Sotomayor sat on the bench for the first time during the second round of oral arguments. This was the first case argued by then-Solicitor General and future Supreme Court Justice Elena Kagan. Former Bush Solicitor General Ted Olson and First Amendment lawyer Floyd Abrams argued for Citizens United, and former Clinton Solicitor General Seth Waxman defended the statute on behalf of various supporters.[22] Legal scholar Erwin Chemerinsky called it “one of the most important First Amendment cases in years”.[23]

Opinions of the Court

Majority opinion

Justice Kennedy, the author of the Court’s opinion.

Justice Kennedy’s majority opinion[24] found that the BCRA §203 prohibition of all independent expenditures by corporations and unions violated the First Amendment’s protection of free speech. The majority wrote, “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.”[25]

Justice Kennedy’s opinion also noted that because the First Amendment does not distinguish between media and other corporations, the BCRA restrictions improperly allowed Congress to suppress political speech in newspapers, books, television, and blogs.[4] The Court overruled Austin, which had held that a state law that prohibited corporations from using treasury money to support or oppose candidates in elections did not violate the First and Fourteenth Amendments. The Court also overruled that portion of McConnell that upheld BCRA’s restriction of corporate spending on “electioneering communications”. The Court’s ruling effectively freed corporations and unions to spend money both on “electioneering communications” and to directly advocate for the election or defeat of candidates (although not to contribute directly to candidates or political parties).

The majority ruled that the Freedom of the Press clause of the First Amendment protects associations of individuals in addition to individual speakers, and further that the First Amendment does not allow prohibitions of speech based on the identity of the speaker. Corporations, as associations of individuals therefore, have free speech rights under the First Amendment. Because spending money is essential to disseminating speech, as established in Buckley v. Valeo, limiting a corporation’s ability to spend money is unconstitutional because it limits the ability of its members to associate effectively and to speak on political issues.

The decision overruled Austin because that decision allowed different restrictions on speech-related spending based on corporate identity. Additionally, the decision said that Austinwas based on an “equality” rationale – trying to equalize speech between different speakers – that the Court had previously rejected as illegitimate under the First Amendment in Buckley. The Michigan statute at issue in Austin had distinguished between corporate and union spending, prohibiting the former while allowing the latter. The Austin Court, over the dissent by Justices Scalia, Kennedy, and O’Connor, had held that such distinctions were within the legislature’s prerogative. In Citizens United v. Federal Election Commission, however, the majority argued that the First Amendment purposefully keeps the government from interfering in the “marketplace of ideas” and “rationing” speech, and it is not up to the legislatures or the courts to create a sense of “fairness” by restricting speech.[24]

The majority also criticized Austin’s reasoning that the “distorting effect” of large corporate expenditures constituted a risk of corruption or the appearance of corruption. Rather, the majority argued that the government had no place in determining whether large expenditures distorted an audience’s perceptions, and that the type of “corruption” that might justify government controls on spending for speech had to relate to some form of “quid pro quo” transaction: “There is no such thing as too much speech.”[24] The public has a right to have access to all information and to determine the reliability and importance of the information. Additionally, the majority did not believe that reliable evidence substantiated the risk of corruption or the appearance of corruption, and so this rationale did not satisfy strict scrutiny.

The Court’s opinion relied heavily on the reasoning and principles of the landmark campaign finance case of Buckley and First National Bank of Boston v. Bellotti, in which the Court struck down a broad prohibition against independent expenditures by corporations in ballot initiatives and referenda.[24] Specifically, the Court echoed Bellotti’s rejection of categories based on a corporation’s purpose. The majority argued that to grant Freedom of the Press protections to media corporations, but not others, presented a host of problems; and so all corporations should be equally protected from expenditure restrictions.

The Court found that BCRA §§201 and 311, provisions requiring disclosure of the funder, were valid as applied to the movie advertisements and to the movie itself.[24] The majority ruled for the disclosure of the sources of campaign contributions, saying that

…prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters. Shareholders can determine whether their corporation’s political speech advances the corporation’s interest in making profits, and citizens can see whether elected officials are “in the pocket” of so-called moneyed interests…This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.[26][27]

Concurrences

Chief Justice Roberts, with whom Justice Alito joined, wrote separately “to address the important principles of judicial restraint and stare decisis implicated in this case”.[28]

Roberts wrote to further explain and defend the Court’s statement that “there is a difference between judicial restraint and judicial abdication.” Roberts explained why the Court must sometimes overrule prior decisions. Had prior Courts never gone against stare decisis, for example, “segregation would be legal, minimum wage laws would be unconstitutional, and the Government could wiretap ordinary criminal suspects without first obtaining warrants”. Roberts’ concurrence recited a plethora of case law in which the court had ruled against precedent. Ultimately, Roberts argued that “stare decisis…counsels deference to past mistakes, but provides no justification for making new ones”.[28]

Justice Scalia joined the opinion of the Court, and wrote a concurring opinion joined by Justice Alito in full and by Justice Thomas in part. Scalia addressed Justice Stevens‘ dissent, specifically with regard to theoriginal understanding of the First Amendment. Scalia said Stevens’ dissent was “in splendid isolation from the text of the First Amendment…It never shows why ‘the freedom of speech’ that was the right of Englishmen did not include the freedom to speak in association with other individuals, including association in the corporate form.” He further considered the dissent’s exploration of the Framers’ views about the “role of corporations in society” to be misleading, and even if valid, irrelevant to the text. Scalia principally argued that the First Amendment was written in “terms of speech, not speakers” and that “Its text offers no foothold for excluding any category of speaker.”[29] Scalia argued that the Free Press clause was originally intended to protect the distribution of written materials and did not only apply to the media specifically. This understanding supported the majority’s contention that the Constitution does not allow the Court to separate corporations into media and non-media categories.[24]

Justice Thomas wrote a separate opinion concurring in all but the upholding of the disclosure provisions. In order to protect the anonymity of contributors to organizations exercising free speech, Thomas would have struck down the reporting requirements of BCRA §201 and §311 as well, rather than allowing them to be challenged only on a case-specific basis. Thomas’s primary argument was that anonymous free speech is protected and that making contributor lists public makes the contributors vulnerable to retaliation, citing instances of retaliation against contributors to both sides of a then recent California voter initiative. Thomas also expressed concern that such retaliation could extend to retaliation by elected officials. Thomas did not consider “as-applied challenges” to be sufficient to protect against the threat of retaliation.[30]

Dissent

Justice Stevens, the author of the dissenting opinion.

A dissenting opinion by Justice Stevens[31] was joined by Justice Ginsburg, Justice Breyer, and Justice Sotomayor. To emphasize his unhappiness with the majority, Stevens read part of his 90-page dissent from the bench.[32] Stevens concurred in the Court’s decision to sustain BCRA’s disclosure provisions, but dissented from the principal holding of the Court. He argued that the Court’s ruling “threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution.” He added: “A democracy cannot function effectively when its constituent members believe laws are being bought and sold.”[33]

Stevens also argued that the Court addressed a question not raised by the litigants when it found BCRA §203 to be facially unconstitutional, and that the majority “changed the case to give themselves an opportunity to change the law”.[24] He argued that the majority had expanded the scope beyond the questions presented by the appellant and that therefore a sufficient record for judging the case did not exist. Stevens argued that at a minimum the Court should have remanded the case for a fact-finding hearing, and that the majority did not consider other compilations of data, such as the Congressional record for justifying BCRA §203.

Stevens referenced a number of major cases to argue that the Court had long recognized that to deny Congress the power to safeguard against “the improper use of money to influence the result [of an election] is to deny to the nation in a vital particular the power of self protection”.[34] After recognizing that in Buckley v. Valeo the Court had struck down portions of a broad prohibition of independent expenditures from any sources, Stevens argued that nevertheless Buckley recognized the legitimacy of “prophylactic” measures for limiting campaign spending and found the prevention of “corruption” to be a reasonable goal for legislation. Consequently, Stevens argued that Buckley left the door open for carefully tailored future regulation.[24] Although the majority echoed many of the arguments in First National Bank of Boston v. Bellotti, Stevens argued that the majority opinion contradicted the reasoning of other campaign finance cases – in particular, Austin v. Michigan State Chamber of Commerce and McConnell v. Federal Election Commission – and found it telling that the majority, when citing such cases, referenced mainly dissenting opinions.

Stevens’ dissent specifically sought to address a number of the majority’s central arguments:

First, Stevens argued that the majority failed to recognize the possibility for corruption outside strict quid pro quo exchanges. He referenced facts from a previous BCRA challenge to argue that, even if the exchange of votes for expenditures could not be shown, contributors gain favorable political access from such expenditures.[24] The majority considered access to be insufficient justification for limiting speech rights.

Stevens, however, argued that in the past, even when striking down a ban on corporate independent expenditures, the Court “never suggested that such quid pro quo debts must take the form of outright vote buying or bribes” (Bellotti). Buckley, he said, also acknowledged that large independent expenditures present the same dangers as quid pro quo arrangements, although Buckley struck down limits on such independent expenditures. Using the record from a previous BCRA §203 challenge, he argued that independent expenditures were sometimes a factor in gaining political access and concluded that large independent expenditures generate more influence than direct campaign contributions.[24] Furthermore, Stevens argued that corporations could threaten Representatives and Senators with negative advertising to gain unprecedented leverage. Stevens supported his argument by citing Caperton v. A.T. Massey Coal Co.,[35] where the Court held that $3 million in independent expenditures in a judicial race raised sufficient questions about a judge’s impartiality to require the judge to recuse himself in a future case involving the spender. Stevens argued that it was contradictory for the majority to ignore the same risks in legislative and executive elections, and argued that the majority opinion would exacerbate the problem presented in Caperton because of the number of states with judicial elections and increased spending in judicial races.

Second, Stevens argued that the majority did not place enough emphasis on the need to prevent the “appearance of corruption” in elections. Earlier cases, including Buckley and Bellotti, recognized the importance of public confidence in democracy. Stevens cited recent data indicating that 80% of the public view corporate independent expenditures as a method used to gain unfair legislative access.[24] Stevens predicted that if the public believes that corporations dominate elections, disaffected voters will stop participating.

Third, Stevens argued that the majority’s decision failed to recognize the dangers of the corporate form. Austin held that the prevention of corruption, including the distorting influence of a dominant funding source, was a sufficient reason for regulating corporate independent expenditures. In defending Austin, Stevens argued that the unique qualities of corporations and other artificial legal entities made them dangerous to democratic elections. These legal entities, he argued, have perpetual life, the ability to amass large sums of money, limited liability, no ability to vote, no morality, no purpose outside profit-making, and no loyalty. Therefore, he argued, the courts should permit legislatures to regulate corporate participation in the political process.

Legal entities, Stevens wrote, are not “We the People” for whom our Constitution was established.[24] Therefore, he argued, they should not be given speech protections under the First Amendment. The First Amendment, he argued, protects individual self-expression, self-realization and the communication of ideas. Corporate spending is the “furthest from the core of political expression” protected by the Constitution, he argued, citing Federal Election Commission v. Beaumont,[36] and corporate spending on politics should be viewed as a business transaction designed by the officers or the boards of directors for no purpose other than profit-making. Stevens called corporate spending “more transactional than ideological”. Stevens also pointed out that any member of a corporation may spend personal money on promoting a campaign because BCRA only prohibited the use of general treasury money.

Fourth, Stevens attacked the majority’s central argument: that the prohibition of spending guards free speech and allows the general public to receive all available information. Relying on Austin, Stevens argued that corporations “unfairly influence” the electoral process with vast sums of money that few individuals can match, which distorts the public debate. Because a typical voter can only absorb so much information during a relevant election period, Stevens described “unfair corporate influence” as the potential to outspend others, to push others out of prime broadcasting spots and to dominate the “marketplace of ideas”.[24] This process, he argued, puts disproportionate focus on this speech and gives the impression of widespread support regardless of actual support. Thus, this process marginalizes the speech of other individuals and groups.

Stevens referred to the majority’s argument that “there is no such thing as too much speech” as “facile” and a “straw man” argument. He called it an incorrect statement of First Amendment law because the Court recognizes numerous exceptions to free speech, such as fighting words, obscenity restrictions, time, place and manner restrictions, etc. Throughout his dissent, Stevens said that the majority’s “slogan” ignored the possibility that too much speech from one source could “drown out” other points of view.

Fifth, Stevens criticized the majority’s fear that the government could use BCRA §203 to censor the media. The focus placed on this hypothetical fear made no sense to him because it did not relate to the facts of this case – if the government actually attempted to apply BCRA §203 to the media (and assuming that Citizens United could not constitute “media”), the Court could deal with the problem at that time. Stevens described the majority’s supposed protection of the media as nothing more than posturing. According to him, it was the majority’s new rule, announced in this case, that prohibited a law from distinguishing between “speakers” or funding sources. This new rule would be the only reason why media corporations could not be exempted from BCRA §203. In this, Stevens and the majority conceptualize the First Amendment’s protection of “the press” quite differently. Stevens argues that the “Press” is an entity, which can be distinguished from other persons and entities which are not “press”. The majority opinion viewed “freedom of the press” as an activity, applicable to all citizens or groups of citizens seeking to publish views.

Sixth, Stevens claimed that the majority failed to give proper deference to the legislature. Stevens predicted that this ruling would restrict the ability of the states to experiment with different methods for decreasing corruption in elections. According to Stevens, this ruling virtually ended those efforts, “declaring by fiat” that people will not “lose faith in our democracy”.[24] Stevens argued that the majority’s view of a self-serving legislature, passing campaign-spending laws to gain an advantage in retaining a seat, coupled with “strict scrutiny” of laws, would make it difficult for any campaign finance regulation to be upheld in future cases.

Seventh, Stevens argued that the majority opinion ignored the rights of shareholders. A series of cases protects individuals from legally compelled payment of union dues to support political speech.[37] Because shareholders invest money in corporations, Stevens argued that the law should likewise help to protect shareholders from funding speech that they oppose. The majority, however, argued that ownership of corporate stock was voluntary, and that unhappy shareholders could simply sell off their shares if they did not agree with the corporation’s speech. Stevens also argued that Political Action Committees (PACs), which allow individual members of a corporation to invest money in a separate fund, are an adequate substitute for general corporate speech and better protect shareholder rights. The majority, by contrast, had argued that most corporations are too small and lack the resources and raw number of shareholders and management staff necessary to cover the compliance, accounting, and administrative costs of maintaining a PAC. In this dispute, the opposing views essentially discussed differing types of entities: Stevens focused his argument on large, publicly held corporations, while the justices in the majority, and particularly Justice Scalia’s concurring opinion, placed an emphasis on small, closely held corporations and non-profits.

Stevens called the majority’s faith in “corporate democracy” an unrealistic method for a shareholder to oppose political funding. A derivative suit is slow, inefficient, risky and potentially expensive. Likewise, shareholder meetings only happen a few times a year, not prior to every decision or transaction. Rather, the officers and boards control the day-to-day spending, including political spending. According to Stevens, the shareholders have few options, giving them “virtually nonexistent” recourse for opposing a corporation’s political spending.[24] Furthermore, most shareholders use investment intermediaries, such as mutual funds or pensions, and by the time a shareholder may find out about a corporation’s political spending and try to object, the damage is done and the shareholder has funded disfavored speech.

Stevens concluded his dissent:

At bottom, the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.[25]

Subsequent developments

There was a wide range of reactions to the case from politicians, academics, attorneys, advocacy groups and journalists.

Support

Politicians

Senate Minority Leader Mitch McConnell, a plaintiff in the earlier related decision McConnell v. FEC, said:[38][39]

For too long, some in this country have been deprived of full participation in the political process. With today’s monumental decision, the Supreme Court took an important step in the direction of restoring the First Amendment rights of these groups by ruling that the Constitution protects their right to express themselves about political candidates and issues up until Election Day. By previously denying this right, the government was picking winners and losers. Our democracy depends upon free speech, not just for some but for all.

Republican campaign consultant Ed Rollins opined that the decision adds transparency to the election process and will make it more competitive.[40]

Advocacy groups

Citizens United, the group filing the lawsuit, said, “Today’s U.S. Supreme Court decision allowing Citizens United to air its documentary films and advertisements is a tremendous victory, not only for Citizens United but for every American who desires to participate in the political process.”[41] During litigation, Citizens United had support from the United States Chamber of Commerce and the National Rifle Association.[42]

Campaign finance attorney Cleta Mitchell, who had filed an amicus curiae brief on behalf of two advocacy organizations opposing the ban, wrote that “The Supreme Court has correctly eliminated a constitutionally flawed system that allowed media corporations (e.g., The Washington Post Co.) to freely disseminate their opinions about candidates using corporate treasury funds, while denying that constitutional privilege to Susie’s Flower Shop Inc. … The real victims of the corporate expenditure ban have been nonprofit advocacy organizations across the political spectrum.”[43]

Heritage Foundation fellow Hans A. von Spakovsky, a former Republican member of the Federal Election Commission, said “The Supreme Court has restored a part of the First Amendment that had been unfortunately stolen by Congress and a previously wrongly-decided ruling of the court.”[44]

Libertarian Cato Institute analysts John Samples and Ilya Shapiro wrote that restrictions on advertising were based on the idea “that corporations had so much money that their spending would create vast inequalities in speech that would undermine democracy”. However, “to make campaign spending equal or nearly so, the government would have to force some people or groups to spend less than they wished. And equality of speech is inherently contrary to protecting speech from government restraint, which is ultimately the heart of American conceptions of free speech.”[45]

The American Civil Liberties Union filed an amicus brief that supported the decision,[46] saying that “section 203 should now be struck down as facially unconstitutional”, though membership was split over the implications of the ruling and its board sent the issue to its special committee on campaign finance for further consideration.[47] On March 27, 2012, the ACLU reaffirmed its stance in support of the Supreme Court’sCitizens United ruling.[48]

Academics and attorneys

Bradley A. Smith, professor of law at Capital University Law School, former chairman of the FEC, founder of the Center for Competitive Politics and a leading proponent of deregulation of campaign finance, wrote that the major opponents of political free speech are “incumbent politicians” who “are keen to maintain a chokehold on such speech”. Empowering “small and midsize corporations – and every incorporated mom-and-pop falafel joint, local firefighters’ union, and environmental group – to make its voice heard” frightens them.[49] In response to statements by President Obama and others that the ruling would allow foreign entities to gain political influence through U.S. subsidiaries, Smith pointed out that the decision did not overturn the ban on political donations by foreign corporations and the prohibition on any involvement by foreign nationals in decisions regarding political spending by U.S. subsidiaries, which are covered by other parts of the law.[50][51][52]

Campaign finance expert Jan Baran, a member of the Commission on Federal Ethics Law Reform, agreed with the decision, writing that “The history of campaign finance reform is the history of incumbent politicians seeking to muzzle speakers, any speakers, particularly those who might publicly criticize them and their legislation. It is a lot easier to legislate against unions, gun owners, ‘fat cat’ bankers, health insurance companies and any other industry or ‘special interest’ group when they can’t talk back.” Baran further noted that in general conservatives and libertarians praised the ruling’s preservation of the First Amendment and freedom of speech, but that liberals and campaign finance reformers criticized it as greatly expanding the role of corporate money in politics.[53]

Attorney Kenneth Gross, former associate general counsel of the FEC, wrote that corporations relied more on the development of long-term relationships, political action committees and personal contributions, which were not affected by the decision. He held that while trade associations might seek to raise funds and support candidates, corporations which have “signed on to transparency agreements regarding political spending” may not be eager to give.[43]

The New York Times asked seven academics to opine on how corporate money would reshape politics as a result of the court’s decision.[54] Three of the seven wrote that the effects would be minimal or positive: Christopher Cotton, a University of Miami School of Business assistant professor of economics, wrote that “There may be very little difference between seeing eight ads or seeing nine ads (compared to seeing one ad or two). And, voters recognize that richer candidates are not necessarily the better candidates, and in some cases, the benefit of running more ads is offset by the negative signal that spending a lot of money creates.[54]Eugene Volokh, a professor of law at UCLA, stated that the “most influential actors in most political campaigns” are media corporations which “overtly editorialize for and against candidates, and also influence elections by choosing what to cover and how to cover it”. Holding that corporations like Exxon would fear alienating voters by supporting candidates, the decision really meant that voters would hear “more messages from more sources”.[54] Joel Gora, a professor at Brooklyn Law School who had previously argued the case of Buckley v. Valeo on behalf of the American Civil Liberties Union, said that the decision represented “a great day for the First Amendment” writing that the Court had “dismantled the First Amendment ‘caste system’ in election speech”.[54]

Journalists

The Editorial Board of the San Antonio Express-News criticized McCain–Feingold’s exception for media corporations from the ban on corporate electioneering, writing that it “makes no sense” that the paper could make endorsements up until the day of the election but advocacy groups could not. “While the influence of money on the political process is troubling and sometimes corrupting, abridging political speech is the wrong way to counterbalance that influence.”[55]

Anthony Dick in National Review countered a number of arguments against the decision, asking rhetorically, “is there something uniquely harmful and/or unworthy of protection about political messages that come from corporations and unions, as opposed to, say, rich individuals, persuasive writers, or charismatic demagogues?” He noted that “a recent Gallup poll shows that a majority of the public actually agrees with the Court that corporations and unions should be treated just like individuals in terms of their political-expenditure rights”.[56] A Gallup poll taken in October 2009 and released soon after the decision showed 57 percent of those surveyed agreed that contributions to political candidates are a form of free speech and 55 percent agreed that the same rules should apply to individuals, corporations and unions. Sixty-four percent of Democrats and Republicans believed campaign donations are a form of free speech.[57]

Chicago Tribune editorial board member Steve Chapman wrote “If corporate advocacy may be forbidden as it was under the law in question, it’s not just Exxon Mobil and Citigroup that are rendered mute. Nonprofit corporations set up merely to advance goals shared by citizens, such as the American Civil Liberties Union and the National Rifle Association, also have to put a sock in it. So much for the First Amendment goal of fostering debate about public policy.”[58]

Opposition

Politicians

President Barack Obama stated that the decision “gives the special interests and their lobbyists even more power in Washington – while undermining the influence of average Americans who make small contributions to support their preferred candidates”.[59] Obama later elaborated in his weekly radio address saying, “this ruling strikes at our democracy itself” and “I can’t think of anything more devastating to the public interest”.[60]On January 27, 2010, Obama further condemned the decision during the 2010 State of the Union Address, stating that, “Last week, the Supreme Court reversed a century of law[61] to open the floodgates for special interests – including foreign corporations – to spend without limit in our elections. Well I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by foreign entities.” On television, the camera shifted to a shot of the SCOTUS judges in the front row directly in front of the President while he was making this statement, and Justice Samuel Alito was frowning, shaking his head side to side while mouthing the words “Not true”.[62][63][64][65][66][67]

Democratic Senator Russ Feingold, a lead sponsor of the 2002 Bipartisan Campaign Reform Act, stated “This decision was a terrible mistake. Presented with a relatively narrow legal issue, the Supreme Court chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president.”[68]RepresentativeAlan Grayson, a Democrat, stated that it was “the worst Supreme Court decision since the Dred Scott case, and that the court had opened the door to political bribery and corruption in elections to come.[69] Democratic congresswoman Donna Edwards, along with constitutional law professor and Maryland Democratic State Senator Jamie Raskin, have advocated petitions to reverse the decision by means of constitutional amendment.[70] Rep. Leonard Boswell introduced legislation to amend the constitution.[71] Senator John Kerry also called for an Amendment to overrule the decision.[72] On December 8, 2011, Senator Bernie Sanders proposed the Saving American Democracy Amendment, which would reverse the court’s ruling.[73][74]

Republican Senator John McCain, co-crafter of the 2002 Bipartisan Campaign Reform Act and the party’s 2008 presidential nominee, said “there’s going to be, over time, a backlash … when you see the amounts of union and corporate money that’s going to go into political campaigns”.[75] McCain was “disappointed by the decision of the Supreme Court and the lifting of the limits on corporate and union contributions” but not surprised by the decision, saying that “It was clear that Justice Roberts, Alito and Scalia, by their very skeptical and even sarcastic comments, were very much opposed to BCRA.”[68] Republican Senator Olympia Snowe opined that “Today’s decision was a serious disservice to our country.”[76]

Although federal law after Citizens United v. Federal Election Commission still prohibited corporate contributions to all political parties, Sanda Everette, co-chair of the Green Party, stated that “The ruling especially hurts the ability of parties that don’t accept corporate contributions, like the Green Party, to compete.” Another Green Party officer, Rich Whitney, stated “In a transparently political decision, a majority of the US Supreme Court overturned its own recent precedent and paid tribute to the giant corporate interests that already wield tremendous power over our political process and political speech.”

Ralph Nader condemned the ruling,[77] saying that “With this decision, corporations can now directly pour vast amounts of corporate money, through independent expenditures, into the electoral swamp already flooded with corporate campaign PAC contribution dollars.” He called for shareholder resolutions asking company directors to pledge not to use company money to favor or oppose electoral candidates.[78]Pat Choate, former Reform Party candidate for Vice President, stated, “The court has, in effect, legalized foreign governments and foreign corporations to participate in our electoral politics.”[79]

Senator Bernie Sanders, a contender in the 2016 Democratic Primary, has filed a constitutional amendment to overturn the Supreme Court’s Decision.[80] Further, both Sanders and Hillary Clinton have said that, if elected, they will only appoint Supreme Court Justices who are committed to the repeal of Citizens United.[81] In September 2015, Sanders said that “the foundations of American Democracy are being undermined” and called for sweeping campaign finance reform.[82]

International

Ambassador Janez Lenarčič, speaking for the Organization for Security and Co-operation in Europe‘s Office for Democratic Institutions and Human Rights (which has overseen over 150 elections) said the ruling may adversely affect the organization’s two commitments of “giving voters a genuine choice and giving candidates a fair chance” in that “it threatens to further marginalize candidates without strong financial backing or extensive personal resources, thereby in effect narrowing the political arena”.[83]

Academics and attorneys

Money isn’t speech and corporations aren’t people
— David Kairys[84]

The constitutional law scholar Laurence H. Tribe wrote that the decision “marks a major upheaval in First Amendment law and signals the end of whatever legitimate claim could otherwise have been made by the Roberts Court to an incremental and minimalist approach to constitutional adjudication, to a modest view of the judicial role vis-à-vis the political branches, or to a genuine concern with adherence to precedent” and pointed out, “Talking about a business corporation as merely another way that individuals might choose to organize their association with one another to pursue their common expressive aims is worse than unrealistic; it obscures the very real injustice and distortion entailed in the phenomenon of some people using other people’s money to support candidates they have made no decision to support, or to oppose candidates they have made no decision to oppose.”[85]

Former Supreme Court Justice Sandra Day O’Connor, whose opinions had changed from dissenting in Austin v. Michigan State Chamber of Commerce to co-authoring (with Stevens) the majority opinion in McConnell v. Federal Election Commission twelve years later, criticized the decision only obliquely, but warned, “In invalidating some of the existing checks on campaign spending, the majority in Citizens United has signaled that the problem of campaign contributions in judicial elections might get considerably worse and quite soon.”[86]

Richard L. Hasen, professor of election law at Loyola Law School, argued that the ruling “is activist, it increases the dangers of corruption in our political system and it ignores the strong tradition of American political equality”. He also described Justice Kennedy’s “specter of blog censorship” as sounding more like “the rantings of a right-wing talk show host than the rational view of a justice with a sense of political realism”.[87]

Kathleen M. Sullivan, professor at Stanford Law School and Steven J. Andre, adjunct professor at Lincoln Law School, argued that two different visions of freedom of speech exist and clashed in the case. An egalitarian vision skeptical of the power of large agglomerations of wealth to skew the political process conflicted with a libertarian vision skeptical of government being placed in the role of determining what speech people should or should not hear.[88][89] Wayne Batchis, Professor at the University of Delaware, in contrast, argues that the Citizens United decision represents a misguided interpretation of the non-textual freedom of association.[90]

The four other scholars of the seven writing in the aforementionedNew York Times article were critical.[54]Richard L. Hasen, Distinguished Professor of election law at Loyola Law School argued differently from his Slate article above, concentrating on the “inherent risk of corruption that comes when someone spends independently to try to influence the outcome of judicial elections”, since judges are less publicly accountable than elected officials. Heather K. Gerken, Professor of Law at Yale Law School wrote that “The court has done real damage to the cause of reform, but that damage mostly came earlier, with decisions that made less of a splash.” Michael Waldman, director of the Brennan Center for Justice at N.Y.U. School of Law, opined that the decision “matches or exceeds Bush v. Gore in ideological or partisan overreaching by the court”, explaining how “Exxon or any other firm could spend Bloomberg-level sums in any congressional district in the country against, say, any congressman who supports climate change legislation, or health care, etc.” andFred Wertheimer, founder and president of Democracy 21 considered that “Chief Justice Roberts has abandoned the illusory public commitments he made to ‘judicial modesty’ and ‘respect for precedent’ to cast the deciding vote for a radical decision that profoundly undermines our democracy,” and that “Congress and presidents past have recognized this danger and signed numerous laws over the years to prevent this kind of corruption of our government.”[54]

Journalists

The New York Times stated in an editorial, “The Supreme Court has handed lobbyists a new weapon. A lobbyist can now tell any elected official: if you vote wrong, my company, labor union or interest group will spend unlimited sums explicitly advertising against your re-election.”[91]Jonathan Alter called it the “most serious threat to American democracy in a generation”.[92] The Christian Science Monitor wrote that the Court had declared “outright that corporate expenditures cannot corrupt elected officials, that influence over lawmakers is not corruption, and that appearance of influence will not undermine public faith in our democracy”.[93]

Business leaders

In 2012, Ben Cohen, the co-founder of Ben & Jerry’s ice cream, founded Stamp Stampede, a sustained protest to demonstrate widespread support for a proposed constitutional amendment to overturn Citizens United. The campaign encourages people to rubber stamp messages such as “Not To Be Used for Bribing Politicians” on paper currency. In 2014, Cohen told Salon, “As long as the Supreme Court rules money is speech, corporations and the wealthy are using it by giving piles of it to politicians to pass or not pass laws that they want. Now, the rest of the people, [those] who don’t have that money, can actually make their voice heard by using money to stamp a message out.”[94]

Media coverage

Political blogs

Most blogs avoided the theoretical aspects of the decision and focused on more personal and dramatic elements, including the Barack ObamaSamuel Alito face-off during the President’s State of the Union address.[95] There, President Obama argued that the decision “reversed a century of law” (the federal ban on corporate contributions dates back to the 1907 Tillman Act, and the ban on union and corporate expenditures dates from 1947) and that it would allow “foreign corporations to spend without limits in our elections”, during which Justice Alito, in the audience, perceptibly mouthed the words “not true”. This event received extensive comment from political bloggers, with a substantial amount of the coverage concentrated on whether or not foreign corporations would be able to make substantial political contributions in US elections. In the opinion, the Court had specifically indicated it was not overturning the ban on foreign contributions.

Opinion polls

ABC-Washington Post poll results.

An ABC–Washington Post poll conducted February 4–8, 2010, showed that 80% of those surveyed opposed (and 65% strongly opposed) the Citizens United ruling, which the poll described as saying “corporations and unions can spend as much money as they want to help political candidates win elections”. Additionally, 72% supported “an effort by Congress to reinstate limits on corporate and union spending on election campaigns”. The poll showed large majority support from Democrats, Republicans and independents.[96][97][98]

A Gallup Poll conducted in October 2009, after oral argument, but released after the Supreme Court released its opinion, found that 57 percent of those surveyed “agreed that money given to political candidates is a form of free speech” and 55 percent agreed that the “same rules should apply to individuals, corporations and unions”. However, in the same poll respondents by 52% to 41% prioritized limits on campaign contributions over protecting rights to support campaigns and 76% thought the government should be able to place limits on corporation or union donations.[99][100]

Separate polls by various conservative organizations, including the plaintiff Citizens United and the Center for Competitive Politics, found support for the decision.[101] In particular, the Center for Competitive Politics poll[102] found that 51% of respondents believed that Citizens United should have a right to air ads promoting Hillary: The Movie. The poll also found that only 22 percent had heard of the case.

Further court rulings

SpeechNow v. FEC

Main article: SpeechNOW v. FEC

SpeechNow is a nonprofit, unincorporated association organized as a section 527 entity under the U.S. Internal Revenue Code. The organization was formed by individuals who seek to pool their resources to make independent expenditures expressly advocating the election or defeat of federal candidates. SpeechNow planned to accept contributions only from individuals, not corporations or other sources prohibited under the Federal Election Campaign Act. On February 14, 2008, SpeechNow and several individual plaintiffs filed a complaint in the U.S. District Court for the District of Columbia challenging the constitutionality of the Federal Election Campaign Act provisions governing political committee registration, contribution limits and disclosure. The plaintiffs contended that the Act unconstitutionally restricts their association guaranteed under the First Amendment. By requiring registration as a political committee and limiting the monetary amount that an individual may contribute to a political committee, SpeechNow and the other plaintiffs asserted that the Act unconstitutionally restricted the individuals’ freedom of speech by limiting the amount that an individual can contribute to SpeechNow and thus the amount the organization may spend. SpeechNow also argued that the reporting required of political committees is unconstitutionally burdensome.[103]

On March 26, 2010, the U.S. Court of Appeals for the District of Columbia Circuit ruled in SpeechNow.org. v. FEC that the contribution limits of 2 U.S.C. §441a were unconstitutional as applied to individuals’ contributions to SpeechNow. The court also ruled that the reporting requirements of 2 U.S.C. §§432, 433 and 434(a) and the organizational requirements of 2 U.S.C. §431(4) and §431(8) can be constitutionally applied to SpeechNow.[103] A unanimous nine-judge panel of the United States Court of Appeals[104] struck down the federal limits on contributions to federal political committees that make only independent expenditures and do not contribute to candidates or political parties. This type of “independent expenditure committee” is inherently non-corruptive, the Court reasoned, and therefore contributions to such a committee can not be limited based on the government’s interest in preventing political corruption.[105] In light of the Supreme Court’s decision in Citizens United v. FEC, in which the Supreme Court held that the government has no anti-corruption interest in limiting independent expenditures, the appeals court ruled that “contributions to groups that make only independent expenditures cannot corrupt or create the appearance of corruption.” As a result, the court of appeals held that the government has no anti-corruption interest in limiting contributions to an independent group such as SpeechNow. Contribution limits as applied to SpeechNow “violate the First Amendment by preventing [individuals] from donating to SpeechNow in excess of the limits and by prohibiting SpeechNow from accepting donations in excess of the limits.” The court noted that its holding does not affect direct contributions to candidates, but rather contributions to a group that makes only independent expenditures.[103] The appeals court held that, while disclosure and reporting requirements do impose a burden on First Amendment interests, they “‘impose no ceiling on campaign related activities'” and “‘do not prevent anyone from speaking.'” Furthermore, the court held that the additional reporting requirements that the Commission would impose on SpeechNow if it were organized as a political committee are minimal, “given the relative simplicity with which SpeechNow intends to operate.” Since SpeechNow already had a number of “planned contributions” from individuals, the court ruled that SpeechNow could not compare itself to “ad hoc groups that want to create themselves on the spur of the moment.” Since the public has an interest in knowing who is speaking about a candidate and who is funding that speech, the court held that requiring such disclosure and organization as a political committee are sufficiently important governmental interests to justify the additional reporting and registration burdens on SpeechNow.[103]

Public electoral financing

Main article: McComish v. Bennett

On June 27, 2011, ruling in the consolidated cases of Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (No. 10-238) and McComish v. Bennett (No. 10-239), the Supreme Court deemed unconstitutional an Arizona law that provided extra taxpayer-funded support for office seekers who have been outspent by privately funded opponents or by independent political groups. A conservative 5–4 majority of justices said the law violated free speech, concluding the state was impermissibly trying to “level the playing field” through a public finance system. Arizona lawmakers had argued there was a compelling state interest in equalizing resources among competing candidates and interest groups.[106] Opponents said the law violated free-speech rights of the privately financed candidates and their contributors, inhibiting fundraising and spending, discouraging participation in campaigns and limiting what voters hear about politics.[107] Chief Justice John Roberts said in the court’s majority opinion that the law substantially burdened political speech and was not sufficiently justified to survive First Amendment scrutiny.[107]

As a consequence of the decision, states and municipalities are blocked from using a method of public financing that is simultaneously likely to attract candidates fearful that they will be vastly outspent and sensitive to avoiding needless government expense. “The government can still use taxpayer funds to subsidize political campaigns, but it can only do that in a manner that provides an alternative to private financing” said William R. Maurer, a lawyer with the Institute for Justice, which represented several challengers of the law. “It cannot create disincentives.”[108] The ruling meant the end of similar matching-fund programs in Connecticut, Maine and a few other places according to David Primo, a political science professor at the University of Rochester who was an expert witness for the law’s challengers.[109]

State campaign-spending limits

Despite the Citizens United ruling, In December 2011, the Montana Supreme Court, in Western Tradition Partnership, Inc. v. Attorney General of Montana, upheld that state’s law limiting corporate contributions. Examining the history of corporate interference in Montana government that led to the Corrupt Practices Law, the majority decided that the state still had a compelling reason to maintain the restrictions. It ruled that these restrictions on speech were narrowly tailored and withstood strict scrutiny and thus did not contradict Citizens United v. Federal Election Commission.

While granting permission to file a Certiorari petition, the US Supreme Court agreed to stay the Montana ruling, although Justices Ginsburg and Breyer wrote a short statement urging the Court “to consider whether, in light of the huge sums of money currently deployed to buy candidate’s allegiance, Citizens United should continue to hold sway”.[110] In June 2012, over the dissent of the same four judges who dissented in Citizens United, the Court simultaneously granted certiorari and summarily reversed the decision in American Tradition Partnership, Inc. v. Bullock, 567, U.S. __ (2012).[111] The Supreme Court majority rejected the Montana Supreme Court arguments in a two paragraph, twenty line per curiam opinion, stating that these arguments “either were already rejected in Citizens United, or fail to meaningfully distinguish that case.”[112] The ruling makes clear that states cannot bar corporate and union political expenditures in state elections.[113]

McCutcheon v. FEC

Main article: McCutcheon v. FEC

In addition to limiting the size of donations to individual candidates and parties, the Federal Election Campaign Act also includes aggregate caps on the total amount that an individual may give to all candidates and parties. In 2012, Shaun McCutcheon, a Republican Party activist,[114][115] sought to donate more than was allowed by the federal aggregate limit on federal candidates.[116] McCutcheon et al filed suit against theFederal Election Commission (FEC).[117] In 2014, the US Supreme Court reversed a ruling of the DC District Court‘s dismissal of McCutcheon v. FEC and struck down the aggregate limits. The plurality opinion invalidated only the aggregate contribution limits, not limits on giving to any one candidate or party. The decisive fifth vote for McCutcheon came from Justice Thomas, who concurred in the judgment on the grounds that all contribution limits are unconstitutional.[118]

Legislative responses

Legislative impact

The New York Times reported that 24 states with laws prohibiting or limiting independent expenditures by unions and corporations would have to change their campaign finance laws because of the ruling.[119]

After Citizens United and SpeechNow.org numerous state legislatures raised their limits on contributions to candidates and parties.[120] At the federal level, lawmakers substantially increased contribution limits to political parties as part of the 2014 budget bill.[121] Such changes are widely perceived as efforts to place candidates and parties on something closer to equal footing with organizations making independent expenditures.[121]

While many states and the federal government have raised contribution limits in response to Citizens United, proposals aimed at discouraging political spending, or providing for public financing of campaigns, have been less successful.

Senator Dick Durbin (D-IL) proposed that candidates who sign up small donors receive $900,000 in public money, but the proposal has not been acted on by Congress. Others proposed that laws on corporate governance be amended to assure that shareholders vote on political expenditures.[92]

In February 2010, Senator Charles E. Schumer of New York, immediate past Chairman of the Democratic Senatorial Campaign Committee, and Representative Chris Van Hollen of Maryland, Chairman of the Democratic Congressional Campaign Committee, outlined legislation aimed at undoing the decision.[122] In April 2010, they introduced such legislation in the Senate and House, respectively.[123] On June 24, 2010, H.R.5175 (The DISCLOSE Act) passed in the House of Representatives but failed in the Senate. It would have required additional disclosure by corporations of their campaign expenditures. The law, if passed, would also have prohibited political spending by U.S. companies with twenty percent or more foreign ownership, and by most government contractors.[124] The DISCLOSE Act included exemptions to its rules given to certainspecial interests such as the National Rifle Association and the American Association of Retired Persons. These gaps within the proposal attracted criticism from lawmakers on both political parties. “They are auctioning off pieces of the First Amendment in this bill… The bigger you are, the stronger you are, the less disclosure you have,” said Republican Congressman Dan Lungren of California. Democratic Congressman Adam Schiff of California commented, “I wish there had been no carve-outs”.[125] The bill was criticized as prohibiting much activity that was legal before Citizens United.[126]

The DISCLOSE Act twice failed to pass the U.S. Senate in the 111th Congress, in both instances reaching only 59 of the 60 votes required to overcome a unified Republican filibuster.[127][128] A scaled down version of the DISCLOSE Act was reintroduced in both the House and Senate in 2012 but did not pass.[citation needed]

Some have argued for a constitutional amendment to overturn the decision. Although the decision does not address “corporate personhood,” a long-established judicial and constitutional concept,[129] much attention has focused on that issue. Move to Amend, a coalition formed in response to the ruling,[130] seeks to amend the Constitution to abolish corporate personhood, thus stripping corporations of all rights under the Constitution.[131][132] In an online chat with web community Reddit, President Obama endorsed further consideration of a constitutional amendment and stated “Over the longer term, I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court Doesn’t revisit it)”.[133] He further elaborated that “Even if the amendment process falls short, it can shine a spotlight on the super-PAC phenomenon and help apply pressure for change.”[133]

Legislative reactions by state and local lawmakers

Members of 16 state legislatures have called for a constitutional amendment to reverse the court’s decision: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Montana, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and West Virginia.[134][135]

Most of these are non-binding resolutions. However, three states – Vermont, California, and Illinois – called for an Article V Convention to draft and propose a federal constitutional amendment to overturn Citizens United.[136] In Minnesota, the Minnesota Senate passed a similar resolution, “Senate File No. 17,” on May 2, 2013, but the House of Representatives returned the measure to the General Calendar (meaning the measure did not pass) on May 15, 2013.[137] Thirty-four states are needed to call an Article V convention.

On a local level, Washington D.C. and 400 other municipalities passed resolutions requesting a federal constitutional amendment.[138]

Since Citizens United, however, 13 states have actually raised their contribution limits.[120]

Political impact

The Citizens United ruling “opened the door” for unlimited election spending by corporations, but most of this spending has “ended up being funneled through the groups that have become known as super PACs”.[139]While critics predicted that the ruling would “bring about a new era of corporate influence in politics” allowing companies and businesspeople to “buy elections” to promote their financial interests, as of 2016, in fact large corporations still play a “negligible role” in presidential election spending. Instead large expenditures, usually through “Super PACS,” have come from “a small group of billionaires”, based largely on ideology. This has shifted power “away from the political parties and toward the … donors themselves. In part, this explains the large number and variety of candidates fielded by the Republicans in 2016.”[139] The ability of individuals to spend unlimited sums was first affirmed by the Supreme Court, however, not in Citizens United, but in Buckley v. Valeo, decided in 1976.

Super PACs

Citizens United v. Federal Election Commission has often been credited for the creation of “super PACs“, political action committees which make no financial contributions to candidates or parties, and so can accept unlimited contributions from individuals, corporations and unions. Certainly, the holding in Citizens United helped affirm the legal basis for super PACs by deciding that, for purposes of establishing a “compelling government interest” of corruption sufficient to justify government limitations on political speech, “independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption”.[140]

However, it took another decision, by the U.S. Court of Appeals for the District of Columbia Circuit, Speechnow.org v. Federal Election Commission, to actually authorize the creation of super PACs. While Citizens United held that corporations and unions could make independent expenditures, a separate provision of the Federal Election Campaign Act, at least as long interpreted by the Federal Election Commission, held that individuals could not contribute to a common fund without it becoming a PAC. PACs, in turn, were not allowed to accept corporate or union contributions of any size or to accept individual contributions in excess of $5,000. In Speechnow.org, the D.C. Circuit, sitting en banc, held 9–0 that in light of Citizens United, such restrictions on the sources and size of contributions could not apply to an organization that made only independent expenditures in support of or opposition to a candidate, but not contributions to a candidate’s campaign.

Citizens United and SpeechNOW left their imprint on the 2012 United States presidential election, in which single individuals contributed large sums to “super PACs” supporting particular candidates. Sheldon Adelson, the gambling entrepreneur, gave approximately fifteen million dollars to support Newt Gingrich. Foster Friess, a Wyoming financier, donated almost two million dollars to Rick Santorum’s super PAC. Karl Rove organized super PACs that spent over $300 million in support of Republicans during the 2012 elections.[141]

In addition to indirectly providing support for the creation of super PACs, Citizens United allowed incorporated 501(c)(4) public advocacy groups (such as the National Rifle Association, the Sierra Club, and the group Citizens United itself) and trade associations to make expenditures in political races. Such groups may not, under the tax code, have a primary purpose of engaging in electoral advocacy. These organizations must disclose their expenditures, but unlike super PACs they do not have to include the names of their donors in their FEC filings. A number of partisan organizations such as Karl Rove‘s influential conservative Crossroads Grassroots Policy Strategies and the liberal 21st Century Colorado have since registered as tax-exempt 501(c)(4) groups (defined as groups promoting “social welfare”) and engaged in substantial political spending.[142][143] This has led to claims[144][145][146] of large secret donations, and questions about whether such groups should be required to disclose their donors. Historically, such non-profits have not been required to disclose their donors or names of members. See National Association for the Advancement of Colored People v. Alabama.

In an August 2015 essay in Der Spiegel, Markus Feldkirchen wrote that the Citizens United decision was “now becoming visible for the first time” in federal elections as the super-rich have “radically” increased donations to support their candidates and positions via super PACs. Feldkirchen also said in the first six months of 2015 the candidates and their super PACs received close to $400 million: “far more than in the entire previous campaign.” He opined that super-rich donating more than ever before to individual campaigns plus the “enormous” chasm in wealth has given the super-rich the power to steer the economic and political direction of the United States and undermine its democracy.[147] In October 2015, the New York Times observed that just 158 super-rich families each contributed $250,000 or more, while an additional 200 families gave more than $100,000 for the 2016 presidential election. Both groups contributed almost half of the “early money” for candidates in the 2016 presidential election as of June 30, 2015 through channels like super PACs legalized by the Supreme Court’s Citizens United decision.[148][149]

See also

https://en.wikipedia.org/wiki/Citizens_United_v._FEC

District of Columbia v. Heller

From Wikipedia, the free encyclopedia
“Dick Heller” redirects here. For the sportswriter, see Dick Heller (sportswriter).
District of Columbia v. Heller
Seal of the United States Supreme Court.svg

Argued March 18, 2008
Decided June 26, 2008
Full case name District of Columbia, et al. v. Dick Anthony Heller
Docket nos. 07-290
Citations 554 U.S. 570 (more)

128 S. Ct. 2783; 171 L. Ed. 2d 637; 2008 U.S. LEXIS 5268; 76 U.S.L.W. 4631; 21 Fla. L. Weekly Fed. S 497
Argument Oral argument
Opinion announcement Opinion announcement
Prior history Provisions of the Firearms Control Regulations Act of 1975 infringe an individual’s right to bear arms as protected by the Second Amendment. District Court for the District of Columbia reversed.
Procedural history Writ of Certiorari to the U.S. Court of Appeals for the District of Columbia Circuit
Holding
The Second Amendment guarantees an individual’s right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. United States Court of Appeals for the District of Columbia Circuit affirmed.
Court membership
Case opinions
Majority Scalia, joined by Roberts, Kennedy, Thomas, Alito
Dissent Stevens, joined by Souter, Ginsburg, Breyer
Dissent Breyer, joined by Stevens, Souter, Ginsburg
Laws applied
U.S. Const. amend. II; D.C. Code §§ 7-2502.02(a)(4), 22–4504, 7–2507.02

District of Columbia v. Heller, 554 U.S. 570 (2008), was a landmarkcase in which the Supreme Court of the United States held in a 5-4 decision that the Second Amendment to the United States Constitution applies to federal enclaves and protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home. The decision did not address the question of whether the Second Amendment extends beyond federal enclaves to the states,[1] which was addressed later by McDonald v. Chicago (2010). It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense.[2]

On June 26, 2008, the Supreme Court affirmed the Court of Appeals for the D.C. Circuit in Heller v. District of Columbia.[3][4] The Supreme Court struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional, determined that handguns are “arms” for the purposes of the Second Amendment, found that the Regulations Act was an unconstitutional ban, and struck down the portion of the Regulations Act that requires all firearms including rifles and shotguns be kept “unloaded and disassembled or bound by a trigger lock“. Prior to this decision the Firearms Control Regulation Act of 1975 also restricted residents from owning handguns except for those registered prior to 1975.

Lower court background

In 2002, Robert A. Levy, a Senior Fellow at the Cato Institute, began vetting plaintiffs with Clark M. Neily III for a planned Second Amendment lawsuit that he would personally finance. Although he himself had never owned a gun, as a Constitutional scholar he had an academic interest in the subject and wanted to model his campaign after the legal strategies of Thurgood Marshall, who had successfully led the challenges that overturned school segregation.[5] They aimed for a group that would be diverse in terms of gender, race, economic background, and age, and selected six plaintiffs from their mid-20s to early 60s, three men and three women, four white and two black:[6]

Shelly Parker
A software designer and former nurse who had been active in trying to rid her neighborhood of drugs. Parker is a single woman whose life had been threatened on numerous occasions by drug dealers who had sometimes tried to break into her house.[7][8]
Tom G. Palmer
A colleague of Robert A. Levy at the Cato Institute and the only plaintiff that Levy knew before the case began.[6] Palmer, who is gay, defended himself with a 9mm handgun in 1982. While walking with a friend in San Jose, California, he was accosted by a gang of about 20 young men who used profane language regarding his sexual orientation and threatened his life. When he produced his gun, the men fled. Palmer believes that the handgun saved his life.[9][10]
Gillian St. Lawrence
A mortgage broker who lives in the Georgetown section of D.C. and who owns several legally registered long guns which she uses for recreation in nearby Chantilly, Virginia. It had taken St. Lawrence two years to complete the registration process. She wanted to be able to use these guns to defend herself in her home and to be able to register a handgun.[11][12]
Tracey Ambeau (now Tracey Hanson)
An employee of the U.S. Department of Agriculture. Originally from St. Gabriel, Louisiana, she lives in the Adams Morgan neighborhood of D.C. with her husband, Andrew Hanson, who is from Waterloo, Iowa. They live in a high-crime neighborhood near Union Station in D. C. She grew up around guns and wanted one to defend her home.[13][11]
George Lyon
A communications lawyer who had previously contacted the National Rifle Association about filing a lawsuit to challenge the D.C. gun laws. Lyon held D.C. licenses for a shotgun and a rifle, but wanted to have a handgun in his home.[14]
Dick Anthony Heller
A licensed special police officer for the District of Columbia. For his job, Heller carried a gun in federal office buildings, but was not allowed to have one in his home.[15] Heller had lived in southeast D.C. near the Kentucky Courts public housing complex since 1970 and had seen the neighborhood “transformed from a child-friendly welfare complex to a drug haven”. Heller had also approached the National Rifle Association about a lawsuit to overturn the D.C. gun ban, but the NRA declined.[11]

Previous federal case law pertaining to the question of an individual’s right to bear arms included United States v. Emerson, 270 F.3d 203 (5th Cir. 2001), which supported the right and Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), which opposed the right. The Supreme Court ruling in United States v. Miller, 307 U.S. 174 (1939) was interpreted to support both sides of the issue.

District Court

In February 2003, the six residents of Washington, D.C. filed a lawsuit in the District Court for the District of Columbia, challenging the constitutionality of provisions of the Firearms Control Regulations Act of 1975, a local law (part of the District of Columbia Code) enacted pursuant to District of Columbia home rule. This law restricted residents from owning handguns, excluding those grandfathered in by registration prior to 1975 and those possessed by active and retired law enforcement officers. The law also required that all firearms including rifles and shotguns be kept “unloaded and disassembled or bound by a trigger lock.”[16] They filed for an injunction pursuant to 28 U.S.C.§ 2201, 2202, and 42 U.S.C.§ 1983. District Court Judge Ricardo M. Urbina dismissed the lawsuit.

Court of Appeals

On appeal, the U.S. Court of Appeals for the D.C. Circuit reversed the dismissal in a 2–1 decision. The Court of Appeals struck down provisions of the Firearms Control Regulations Act as unconstitutional. JudgesKaren L. Henderson, Thomas B. Griffith and Laurence H. Silberman formed the Court of Appeals panel, with Senior Circuit Judge Silberman writing the court’s opinion and Circuit Judge Henderson dissenting.

The court’s opinion first addressed whether appellants have standing to sue for declaratory and injunctive relief in section II (slip op. at 5–12). The court concluded that of the six plaintiffs, only Heller – who applied for a handgun permit but was denied – had standing.

The court then held that the Second Amendment “protects an individual right to keep and bear arms”, saying that the right was “premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad).” They also noted that though the right to bear arms also helped preserve the citizen militia, “the activities [the Amendment] protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.” The court determined that handguns are “Arms” and concluded that thus they may not be banned by the District of Columbia.

The court also struck down the portion of the law that requires all firearms including rifles and shotguns be kept “unloaded and disassembled or bound by a trigger lock.” The District argued that there is an implicit self-defense exception to these provisions, but the D.C. Circuit rejected this view, saying that the requirement amounted to a complete ban on functional firearms and prohibition on use for self-defense:[17]

Section 7-2507.02, like the bar on carrying a pistol within the home, amounts to a complete prohibition on the lawful use of handguns for self-defense. As such, we hold it unconstitutional.

Henderson’s dissent

In her dissent, Circuit Judge Henderson stated that Second Amendment rights did not extend to residents of Washington D.C., writing:

To sum up, there is no dispute that the Constitution, case law and applicable statutes all establish that the District is not a State within the meaning of the Second Amendment. Under United States v. Miller, 307 U.S. at 178, the Second Amendment’s declaration and guarantee that “the right of the people to keep and bear Arms, shall not be infringed” relates to the Militia of the States only. That the Second Amendment does not apply to the District, then, is, to me, an unavoidable conclusion.[18]

Petition for rehearing

In April 2007, the District and Mayor Adrian Fenty petitioned for rehearing en banc, arguing that the ruling creates inter- and intra-jurisdictional conflict.[19] On May 8, the Court of Appeals for the D.C. Circuit denied the request to rehear the case, by a 6–4 vote.

Supreme Court

The defendants petitioned the United States Supreme Court to hear the case. The plaintiffs did not oppose but, in fact, welcomed the petition. The Supreme Court agreed to hear the case on November 20, 2007.[20]The court rephrased the question to be decided as follows:

The petition for a writ of certiorari is granted limited to the following question: Whether the following provisions, D.C. Code §§ 7-2502.02(a)(4), 22–4504(a), and 7-2507.02, violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?

This represented the first time since the 1939 case United States v. Miller that the Supreme Court had directly addressed the scope of the Second Amendment.[16]

Amicus curiae briefs

Because of the controversial nature of the case, it garnered much attention from many groups on both sides of the gun rights issue. Many of those groups filed amicus curiae (friend of the court) briefs, about 47 urging the court to affirm the case and about 20 to remand it.[21]

A majority of the members of Congress[22] signed the brief authored by Stephen Halbrook advising that the case be affirmed overturning the ban on handguns not otherwise restricted by Congress.[23]Vice PresidentDick Cheney joined in this brief, acting in his role as President of the United States Senate, and breaking with the George W. Bush administration’s official position.[22] Arizona Senator John McCain, Republican, also signed the brief. Then Illinois Senator Barack Obama, did not.[24]

A majority of the states signed the brief of Texas Attorney General Greg Abbott, authored by Abbott’s solicitor general, Ted Cruz,[25] advising that the case be affirmed, while at the same time emphasizing that the states have a strong interest in maintaining each of the states’ laws prohibiting and regulating firearms.[26][27][28] Law enforcement organizations, including the Fraternal Order of Police and the Southern States Police Benevolent Association, also filed a brief urging that the case be affirmed.[29]

A number of organizations signed friend of the court briefs advising that the case be remanded, including the United States Department of Justice[30] and Attorneys General of New York, Hawaii, Maryland,Massachusetts, New Jersey, and Puerto Rico.[31] Additionally, friend of the court briefs to remand were filed by a spectrum of religious and anti-violence groups,[32] a number of cities and mayors,[33] and many police chiefs and law enforcement organizations.[34]

A collection of organizations and prominent scholars, represented by Attorney Jeffrey Teichert, submitted an “errors brief” arguing that many of the common historical and factual “myths and misrepresentations” generally offered in favor of banning handguns were in error. Teichert’s errors brief argued from a historical perspective that the Second Amendment protected an individual right to keep and bear arms.[dead link][35]

Oral arguments

Robert A. Levy (left) and Alan Gura, counsel for Heller

The Supreme Court heard oral arguments in the case on March 18, 2008. Both the transcript[36] and the audio[37] of the argument have been released. Each side was initially allotted 30 minutes to argue its case, with U.S. Solicitor GeneralPaul D. Clement allotted 15 minutes to present the federal government’s views.[38] During the argument, however, extra time was extended to the parties, and the argument ran 23 minutes over the allotted time.[39]

Walter E. Dellinger of the law firm O’Melveny & Myers, also a professor at Duke University Law School and former Acting Solicitor General, argued the District’s side before the Supreme Court. Dellinger was assisted by Thomas Goldstein of Akin Gump Strauss Hauer & Feld, Robert Long of Covington & Burling and D.C. Solicitor General Todd Kim. The law firms assisting the District worked pro bono.[40]

Alan Gura, of the D.C.-based law firm Gura & Possessky, was lead counsel for Heller, and argued on his behalf before the Supreme Court.[41] Robert Levy, a senior fellow at theCato Institute, and Clark Neily, a senior attorney at the Institute for Justice, were his co-counsel.[42][43]

Decision

The Supreme Court held:[44]

(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment. Pp. 28–30.
(d) The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.
(e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47.
(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation.United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes.
(2) Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Pp. 54–56.
(3) The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition – in the place where the importance of the lawful defense of self, family, and property is most acute – would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home. Pp. 56–64.

The Opinion of the Court, delivered by Justice Scalia, was joined by Chief Justice John G. Roberts, Jr. and by Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr.[45]

Second Amendment findings and reasoning for the decision

The Illinois Supreme Court in People v. Aguilar (2013), summed up the Hellers findings and reasoning:

In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court undertook its first-ever “in-depth examination” of the second amendment’s meaning Id. at 635. After a lengthy historical discussion, the Court ultimately concluded that the second amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation” (id. at 592); that “central to” this right is “the inherent right of self-defense”(id. at 628); that “the home” is “where the need for defense of self, family, and property is most acute” (id. at 628); and that, “above all other interests,” the second amendment elevates “the right of law-abiding, responsible citizens to use arms in defense of hearth and home” (id. at 635). Based on this understanding, the Court held that a District of Columbia law banning handgun possession in the home violated the second amendment. Id. at 635.[46]

Issues addressed by the majority

The core holding in D.C. v. Heller is that the Second Amendment is an individual right intimately tied to the natural right of self-defense.

The Scalia majority invokes much historical material to support its finding that the right to keep and bear arms belongs to individuals; more precisely, Scalia asserts in the Court’s opinion that the “people” to whom the Second Amendment right is accorded are the same “people” who enjoy First and Fourth Amendment protection: “‘The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning.’ United States v. Sprague, 282 U. S. 716, 731 (1931); see also Gibbons v. Ogden, 9 Wheat. 1, 188 (1824). Normal meaning may of course include an idiomatic meaning, but it excludes secret or technical meanings….”

With that finding as anchor, the Court ruled a total ban on operative handguns in the home is unconstitutional, as the ban runs afoul of both the self-defense purpose of the Second Amendment – a purpose not previously articulated by the Court – and the “in common use at the time” prong of the Miller decision: since handguns are in common use, their ownership is protected.

The Court applies as remedy that “[a]ssuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.” The Court, additionally, hinted that other remedy might be available in the form of eliminating the license requirement for carry in the home, but that no such relief had been requested: “Respondent conceded at oral argument that he does not ‘have a problem with … licensing’ and that the District’s law is permissible so long as it is ‘not enforced in an arbitrary and capricious manner.’ Tr. of Oral Arg. 74–75. We therefore assume that petitioners’ issuance of a license will satisfy respondent’s prayer for relief and do not address the licensing requirement.”

In regard to the scope of the right, the Court wrote, in an obiter dictum, “Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”[47]

The Court also added dicta regarding the private ownership of machine guns. In doing so, it suggested the elevation of the “in common use at the time” prong of the Miller decision, which by itself protects handguns, over the first prong (protecting arms that “have some reasonable relationship to the preservation or efficiency of a well regulated militia”), which may not by itself protect machine guns: “It may be objected that if weapons that are most useful in military service – M16 rifles and the like – may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home.”[48]

The Court did not address which level of judicial review should be used by lower courts in deciding future cases claiming infringement of the right to keep and bear arms: “[S]ince this case represents this Court’s first in-depth examination of the Second Amendment, one should not expect it to clarify the entire field.” The Court states, “If all that was required to overcome the right to keep and bear arms was a rational basis, the Second Amendment would be redundant with the separate constitutional prohibitions on irrational laws, and would have no effect.”[49] Also, regarding Justice Breyer’s proposal of a “judge-empowering ‘interest-balancing inquiry,'” the Court states, “We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding ‘interest-balancing’ approach.”[50]

Dissenting opinions

In a dissenting opinion, Justice John Paul Stevens stated that the court’s judgment was “a strained and unpersuasive reading” which overturned longstanding precedent, and that the court had “bestowed a dramatic upheaval in the law”.[51] Stevens also stated that the amendment was notable for the “omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense” which was present in the Declarations of Rights of Pennsylvania and Vermont.[51]

The Stevens dissent seems to rest on four main points of disagreement: that the Founders would have made the individual right aspect of the Second Amendment express if that was what was intended; that the “militia” preamble and exact phrase “to keep and bear arms” demands the conclusion that the Second Amendment touches on state militia service only; that many lower courts’ later “collective-right” reading of the Miller decision constitutes stare decisis, which may only be overturned at great peril; and that the Court has not considered gun-control laws (e.g., the National Firearms Act) unconstitutional. The dissent concludes, “The Court would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons…. I could not possibly conclude that the Framers made such a choice.”

Justice Stevens’ dissent was joined by Justices David Souter, Ruth Bader Ginsburg, and Stephen Breyer.

Justice Breyer filed a separate dissenting opinion, joined by the same dissenting Justices, which sought to demonstrate that, starting from the premise of an individual-rights view, the District of Columbia’s handgun ban and trigger lock requirement would nevertheless be permissible limitations on the right.

The Breyer dissent looks to early municipal fire-safety laws that forbade the storage of gunpowder (and in Boston the carrying of loaded arms into certain buildings), and on nuisance laws providing fines or loss of firearm for imprudent usage, as demonstrating the Second Amendment has been understood to have no impact on the regulation of civilian firearms. The dissent argues the public safety necessity of gun-control laws, quoting that “guns were responsible for 69 deaths in this country each day.'”

With these two supports, the Breyer dissent goes on to conclude, “there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas.” It proposes that firearms laws be reviewed by balancing the interests (i.e., “‘interest-balancing’ approach”) of Second Amendment protections against the government’s compelling interest of preventing crime.

The Breyer dissent also objected to the “common use” distinction used by the majority to distinguish handguns from machineguns: “But what sense does this approach make? According to the majority’s reasoning, if Congress and the States lift restrictions on the possession and use of machineguns, and people buy machineguns to protect their homes, the Court will have to reverse course and find that the Second Amendment does, in fact, protect the individual self-defense-related right to possess a machine-gun…There is no basis for believing that the Framers intended such circular reasoning.”[52]

Non-party involvement

National Rifle Association

Attorney Alan Gura, in a 2003 filing, used the term “sham litigation” to describe the NRA’s attempts to have Parker (aka Heller) consolidated with its own case challenging the D.C. law. Gura also stated that “the NRA was adamant about not wanting the Supreme Court to hear the case”.[53] These concerns were based on NRA lawyers’ assessment that the justices at the time the case was filed might reach an unfavorable decision.[54]Cato Institute senior fellow Robert Levy, co-counsel to the Parker plaintiffs, has stated that the Parker plaintiffs “faced repeated attempts by the NRA to derail the litigation.”[55] He also stated that “The N.R.A.’s interference in this process set us back and almost killed the case. It was a very acrimonious relationship.”[5]

Wayne LaPierre, the NRA’s chief executive officer, confirmed the NRA’s misgivings. “There was a real dispute on our side among the constitutional scholars about whether there was a majority of justices on the Supreme Court who would support the Constitution as written,” Mr. LaPierre said.[5] Both Levy and LaPierre said the NRA and Mr. Levy’s team were now on good terms.[5]

Elaine McArdle wrote in the Harvard Law Bulletin: “If Parker is the long-awaited “clean” case, one reason may be that proponents of the individual-rights view of the Second Amendment – including the National Rifle Association, which filed an amicus brief in the case – have learned from earlier defeats, and crafted strategies to maximize the chances of Supreme Court review.” The NRA did eventually support the litigation by filing an amicus brief with the Court arguing that the plaintiffs in Parker had standing to sue and that the D.C. ban was unconstitutional under the Second Amendment.[56]

Chris Cox, executive director of the NRA’s Institute for Legislative Action, had indicated support of federal legislation which would repeal the D.C. gun ban. Opponents of the legislation argued that this would have rendered the Parker case moot, and would have effectively eliminated the possibility that the case would be heard by the Supreme Court.[57]

Immediately after the Supreme Court’s ruling, the NRA filed a lawsuit against the city of Chicago over its handgun ban, followed the next day by a lawsuit against the city of San Francisco over its ban of handguns in public housing.[58]

Brady Campaign to Prevent Gun Violence

The Brady Campaign to Prevent Gun Violence opposed the arguments made by the plaintiffs in Parker, and filed amicus curiae against those arguments in both the District and Circuit courts.

Paul Helmke, the president of the Brady Campaign, suggested to D.C. before the Court granted certiorari that it modify its gun laws rather than appeal to the Supreme Court.[59] Helmke has written that if the Supreme Court upholds the Circuit court ruling, it “could lead to all current and proposed firearms laws being called into question.”[60]

After the ruling, Paul Helmke stated that, “the classic ‘slippery slope’ argument”, “that even modest gun control would lead down the path to a complete ban on gun ownership”, “is now gone.” Helmke added that, “The Court also rejected the absolutist misreading of the Second Amendment that some use to argue ‘any gun, any time for anyone,’ which many politicians have used as an excuse to do nothing about the scourge of gun violence in our country and to block passage of common sense gun laws.”[61]

Reactions

To the lower court rulings

Various experts expressed opinions on the D.C. Circuit’s decision.

Harvard Law School professor Laurence Tribe contended that the Second Amendment protects an individual right, and predicted that if Parker is reviewed by the Supreme Court “there’s a really quite decent chance that it will be affirmed.”[56] However, Professor Tribe has also argued that the District’s ban on one class of weapons does not violate the Second Amendment even under an individual rights view.[62]

Erwin Chemerinsky, then of Duke Law School and now dean of the University of California, Irvine School of Law, argued that the District of Columbia’s handgun laws, even assuming an “individual rights” interpretation of the Second Amendment, could be justified as reasonable regulations and thus upheld as constitutional. Professor Chemerinsky believes that the regulation of guns should be analyzed in the same way “as other regulation of property under modern constitutional law” and “be allowed so long as it is rationally related to achieving a legitimate government purpose.”[63] However, the dicta in Heller suggests that applying a mere rational basis analysis is an incorrect reading of the Constitution and would, in fact, defeat the entire purpose of the Second Amendment.[49]

To the Supreme Court rulings

Cato Institute senior fellow Robert Levy, co-counsel to the Parker plaintiffs, agreed with the court’s ruling but describes that his interpretation of the Second Amendment would not preclude all governmental regulation of private ownership of weapons:

Even the NRA concedes that you can’t have mad men running around with weapons of mass destruction. So there are some restrictions that are permissible and it will be the task of the legislature and the courts to ferret all of that out and draw the lines. I am sure, though, that outright bans on handguns like they have in D.C. won’t be permitted. That is not a reasonable restriction under anybody’s characterization. It is not a restriction, it’s a prohibition.[64]

Clark Neily, an attorney for Dick Heller in this case, has said regarding Heller:

America went over 200 years without knowing whether a key provision of the Bill of Rights actually meant anything. We came within one vote of being told that it did not, notwithstanding what amounts to a national consensus that the Second Amendment means what it says: The right of the people to keep and bear arms shall not be infringed. Taking rights seriously, including rights we might not favor personally, is good medicine for the body politic, and Heller was an excellent dose.[65]

Richard Posner, judge for the United States Court of Appeals for the Seventh Circuit, compares Heller to Roe v. Wade, stating that it created a federal constitutional right that did not previously exist, and he asserts that the originalist method – to which Justice Antonin Scalia claimed to adhere – would have yielded the opposite result of the majority opinion.

The text of the amendment, whether viewed alone or in light of the concerns that actuated its adoption, creates no right to the private possession of guns for hunting or other sport, or for the defense of person or property. It is doubtful that the amendment could even be thought to require that members of state militias be allowed to keep weapons in their homes, since that would reduce the militias’ effectiveness. Suppose part of a state’s militia was engaged in combat and needed additional weaponry. Would the militia’s commander have to collect the weapons from the homes of militiamen who had not been mobilized, as opposed to obtaining them from a storage facility? Since the purpose of the Second Amendment, judging from its language and background, was to assure the effectiveness of state militias, an interpretation that undermined their effectiveness by preventing states from making efficient arrangements for the storage and distribution of military weapons would not make sense.[66]

J. Harvie Wilkinson III, chief judge of United States Court of Appeals for the Fourth Circuit, consents to Posner’s analysis, stating that Heller “encourages Americans to do what conservative jurists warned for years they should not do: bypass the ballot and seek to press their political agenda in the courts.”[67]

Heller thus represents the worst of missed opportunities—the chance to ground conservative jurisprudence in enduring and consistent principles of restraint. The Constitution expresses the need for judicial restraint in many different ways—separation of powers, federalism, and the grant of life tenure to unelected judges among them. It is an irony that Heller would in the name of originalism abandon insights so central to the Framers’ designs.[67]

Alan Gura, Lead Counsel for Respondent in Heller rejects Wilkinson’s criticism, stating that “Rather, the Court affirmed the Second Amendment’s original public meaning, as confirmed by its plain text. Having determined the Amendment’s meaning, the Court showed the proper level of deference to the D.C. City Council’s outright repudiation of the constitutional text: none.”[68]

Post ruling impacts

Since the June 2008 ruling, over 80 different cases have been heard in lower federal courts on the constitutionality of a wide variety of gun control laws.[69][70] These courts have heard lawsuits in regard to bans of firearm possession by felons, drug addicts, illegal aliens, and individuals convicted of domestic violence misdemeanors.[69][70] Also, cases have been heard on the constitutionality of laws prohibiting certain types of weapons, such as machine guns, sawed-off shotguns and/or specific types of weapons attachments. In addition, courts have heard challenges to laws barring guns in post offices and near schools and laws outlawing “straw” purchases, carrying of concealed weapons, types of ammunition and possession of unregistered firearms.[69][70]

The courts have upheld most of these laws as being constitutional.[70] The basis for the lower court rulings is the paragraph near the end of the Heller ruling that states:

Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions on the commercial sale of arms.[71]

Consistently since the Heller ruling, the lower federal courts have ruled that almost all gun control measures as presently legislated are lawful and that according to UCLA professor of constitutional law Adam Winkler: “What gun rights advocates are discovering is that the vast majority of gun control laws fit within these categories.”[69]

Robert Levy, the executive director of the Cato Institute who funded the Heller litigation has commented on this passage describing constitutionally acceptable forms of prohibitions of firearms: “I would have preferred that that not have been there,” and that this paragraph in Scalia’s opinion “created more confusion than light.”[69]

Similar to the lifting of gun bans mentioned previously in the settlements of lawsuits filed post-Heller, in US v. Arzberger, also decided post-Heller, it was noted:

To the extent, then, that the Second Amendment creates an individual right to possess a firearm unrelated to any military purpose, it also establishes a protectible liberty interest. And, although the Supreme Court has indicated that this privilege may be withdrawn from some groups of persons such as convicted felons, there is no basis for categorically depriving persons who are merely accused of certain crimes of the right to legal possession of a firearm.[72]

District of Columbia

The D.C. government indicated it would continue to use zoning ordinances to prevent firearms dealers from operating and selling to citizens residing in the District, meaning it would continue to be difficult for residents to legally purchase guns in the District.[73] Additionally, the District enacted new firearms restrictions in an effort to cure the constitutional defects in the ordinance that the Supreme Court had identified in Heller. The new provisions were: (1) the firearms registration procedures; (2) the prohibition on assault weapons; and (3) the prohibition on large capacity ammunition feeding devices. In response, Dick Heller challenged these new restrictions filing a civil suit named Heller v. District of Columbia (Civil Action No. 08-1289 (RMU), No. 23., 25) where he requested a summary judgment to vacate the new prohibitions. On March 26, 2010, the D.C. District Judge Ricardo M. Urbina denied Dick Heller’s request and granted the cross motion, stating that the court “concludes that the regulatory provisions that the plaintiffs challenge permissibly regulate the exercise of the core Second Amendment right to use arms for the purpose of self-defense in the home. “[74]

Dick Heller’s application to register his semi-automatic pistol was rejected because the gun was a bottom-loading weapon, and according to the District’s interpretation, all bottom-loading guns, including magazine-fed non-assault-style rifles, are outlawed because they are grouped with machine guns.[75]Revolvers will likely not fall under such a ban.[76]

On December 16, 2008 the D.C. Council unanimously passed the Firearms Registration Emergency Amendment Act of 2008[77] which addresses the issues raised in the Heller Supreme Court decision, and also puts in place a number of registration requirements to update and strengthen the District’s gun laws.[78]

Justice Antonin Scalia’s opinion for the majority provided Second Amendment protection for commonly used and popular handguns but not for atypical arms or arms used for unlawful purposes, such as short-barreled shotguns. Scalia stated: “Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.” “We think that Miller’s “ordinary military equipment” language must be read in tandem with what comes after: “[O]rdinarily when called for [militia] service [able-bodied] men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.” 307 U. S., at 179.” “We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.” “It may be objected that if weapons that are most useful in military service – M-16 rifles and the like – may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty.”[79]

On July 24, 2014, the U.S. District Court for the District of Columbia ruled, in Palmer v. District of Columbia, that the District’s total ban on the public carrying of ready-to-use handguns is unconstitutional.[80][81] In its decision, the Court stated: “[ . . . ] the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional. Accordingly, the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms. Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.”[82]

New York

Mayor of New York CityMichael Bloomberg said that “all of the laws on the books in New York State and New York City” would be allowed by the ruling as “reasonable regulation.”[83] Robert Levy has stated that the current New York City gun laws are “not much different” from the D.C. ban that has been overturned.[84] The National Rifle Association and other gun-rights advocates have not ruled out suing New York City, especially over the definition of “reasonable regulation”.[85]

Southern District of New York Magistrate Judge James Francis has said that, prior to Heller, it would not have been considered unreasonable to require a defendant to surrender a firearm as a condition of pretrial release. Specifically, according to Judge Francis:[86]

This all changed, with the recent U.S. Supreme Court decision in District of Columbia v. Heller; 128 S.Ct. 2783 (2008), where the court changed the course of Second Amendment jurisprudence by creating what he said was a “protectible liberty interest” in the possession of firearms. Thus, in the absence of an individualized determination at a bail hearing, requiring the defendant to give up any firearms violates due process.

Maloney v. Rice (a.k.a. Maloney v. Cuomo and Maloney v. Spitzer), 554 F.3d 56 (2d. Cir. 2009) originally held that the 2nd Amendment does not apply to the states in the Second Circuit. The case involved a state ban on Nunchaku sticks (a martial arts weapon) in New York. In a memorandum opinion dated June 29, 2010, the Supreme Court vacated the Second Circuit decision in Maloney and remanded for further consideration in light of the holding in McDonald v. Chicago that the Second Amendment does apply to the states. The Second Circuit has remanded the case to the trial court.

Illinois

The NRA has filed five related lawsuits since the Heller decision.[87] In four Illinois lawsuits, the NRA sought to have the Second Amendment incorporated by the Fourteenth Amendment, causing the Second Amendment to apply to state and local jurisdictions and not just to the federal government.[88] Three Illinois lawsuits have been negotiated and settled out of court involving agreements that repeal gun ban ordinances and did not result in incorporation of the Second Amendment to state and local jurisdictions. The fourth NRA lawsuit against Chicago was rejected.[89] The NRA appealed the case to the 7th Circuit Court of Appeals. On June 2, 2009, the Court of Appeals affirmed the district court’s decision, based on the theory that Heller applied only to the Federal Government (including the District of Columbia), and not to states or their subordinate jurisdictions.[citation needed] This opinion directly conflicts with the 9th Circuit Court of Appeals’s earlier decision, holding that Heller applies to states as well.[citation needed]

On June 28, 2010, the Supreme Court reversed the Court of Appeals for the Seventh Circuit‘s decision in McDonald v. Chicago and remanded it back to Seventh Circuit to resolve conflicts between certain Chicagogun restrictions and the Second Amendment. Chicago’s handgun law was likened to the D.C. handgun ban by Justice Breyer.[90]

Similarly, three Illinois municipalities with gun control measures on the books that previously had banned all handguns have rescinded their handgun bans.[91][92][93][94] These cities were Morton Grove, Illinois,[95]Wilmette, another Illinois village,[96] and Evanston, Illinois which enacted a partial repeal of its handgun ban.

In Ezell v. Chicago, decided July 6, 2011, the Seventh Circuit reversed a district court decision that the post-McDonald measures adopted by the City of Chicago were constitutional. The Chicago law required firearms training in a shooting range in order to obtain a gun permit, but also banned shooting ranges within the City of Chicago. The City had argued that applicants could obtain their training at gun ranges in the suburbs. The opinion noted that Chicago could not infringe Second Amendment rights on the grounds that they could be exercised elsewhere, any more than it could infringe the right to freedom of speech on the grounds that citizens could speak elsewhere.

California

On January 14, 2009, in Guy Montag Doe v. San Francisco Housing Authority, the San Francisco Housing Authority reached a settlement out of court with the NRA, which allows residents to possess legal firearms within a SFHA apartment building. The San Francisco lawsuit resulted in the elimination of the gun ban from the SF Housing Authority residential lease terms. Tim Larsen speaking for the Housing Authority said that they never intended to enforce its 2005 housing lease gun ban against law-abiding gun owners and have never done so.[97]

On February 13, 2014, in Peruta v. San Diego, the United States Court of Appeals for the Ninth Circuit decided that the San Diego policy to disallow both concealed carry, and the State of California law that disallowsopen carry anywhere in the state, were not acceptable under Supreme Court precedent in Heller and McDonald. A “responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense.” More specifically, “the Second Amendment does require that the states permit some form of carry for self-defense outside the home.”(italics in original) … and “carrying weapons in public for the lawful purpose of self defense is a central component of the right to bear arms.”[98] The case was remanded to the district court because “San Diego County’s ‘good cause’ permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.”[98]

Idaho

On January 10, 2014, in Morris v. U.S. Army Corps of Engineers, the District Court struck down a Corps of Engineers regulation barring possession of loaded guns in recreation areas surrounding Corps dams. The court held that tents are akin to homes, and under Heller, Second Amendment rights are protected.[99]

Legacy

Initial reaction has deemed the Heller ruling to be of great significance, though it remains too soon to tell what the long-term effects may be.[100]Sanford Levinson has written that he is inclined to believe that the Hellerdecision will be relatively insignificant to the practice of law in the long run but that it will have significance to other groups interested in cultural literacy and constitutional designers.[100]

In 2009, both Levinson and Mark Tushnet speculated that it is quite unlikely that the case would be studied as part of casebooks of future law schools.[100] As was predicted,[101] a large surge of court cases was seen in lower federal courts in the aftermath of the 2008 ruling. As of March 2009, over 80 cases had been filed seeking to overturn existing gun laws.[102][needs update]

The decision in McDonald v. Chicago, which was brought in response to Heller and decided in 2010, did invalidate much of Chicago’s gun purchase and registration laws, and has called into question many other state and local laws restricting purchase, possession and carry of firearms.

See also

https://en.wikipedia.org/wiki/District_of_Columbia_v._Heller

Story 2: Hillary Clinton Is Nurse Ratched! — Videos

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One Flew Over the Cuckoo’s Nest (film)

From Wikipedia, the free encyclopedia
One Flew Over the Cuckoo’s Nest
One Flew Over the Cuckoo's Nest poster.jpg

Theatrical release poster
Directed by Miloš Forman
Produced by Saul Zaentz
Michael Douglas
Screenplay by Lawrence Hauben
Bo Goldman
Based on One Flew Over the Cuckoo’s Nest
by Ken Kesey
Starring Jack Nicholson
Louise Fletcher
William Redfield
Music by Jack Nitzsche
Cinematography Haskell Wexler
Bill Butler[1]
Edited by Richard Chew[2]
Sheldon Kahn
Lynzee Klingman
Production
company
Fantasy Films
Distributed by United Artists
Release dates
  • November 19, 1975
Running time
133 minutes
Country United States
Language English
Budget $3 million[3]
Box office $109 million[3]

One Flew Over the Cuckoo’s Nest is a 1975 American comedy-drama film directed by Miloš Forman, based on the 1962 novel One Flew Over the Cuckoo’s Nest by Ken Kesey. The film stars Jack Nicholson and features a supporting cast of Louise Fletcher, William Redfield, Will Sampson, and Brad Dourif.

Considered to be one of the greatest films ever made, One Flew Over the Cuckoo’s Nest is No. 33 on the American Film Institute‘s 100 Years… 100 Movies list. The film was the second to win all five major Academy Awards (Best Picture, Actor in Lead Role, Actress in Lead Role, Director, and Screenplay) following It Happened One Nightin 1934, an accomplishment not repeated until 1991 by The Silence of the Lambs. It also won numerous Golden Globe and BAFTA Awards.

In 1993, the film was deemed “culturally, historically, or aesthetically significant” by the United States Library of Congress and selected for preservation in the National Film Registry.

Plot

In 1963, Oregon, recidivist criminal Randle McMurphy is moved to a mental institution after serving a short sentence on a prison farm after raping a teenager. Though not actually mentally ill, McMurphy hopes to avoid hard labour and serve the rest of his sentence in a relaxed environment. Upon arriving at the hospital, he finds the ward run by the steely, strict Nurse Ratched, who subtly suppresses the actions of her patients through a passive-aggressive routine, intimidating the patients.

The other patients include anxious, stuttering Billy Bibbit; Charlie Cheswick, who is prone to childish tantrums; delusional Martini; the well-educated, paranoid Dale Harding; belligerent Max Taber; epileptic Jim Sefelt; and “Chief” Bromden, a tall Native American believed to be deaf and mute. Ratched soon sees McMurphy’s lively, rebellious presence to be a threat to her authority, confiscating the patients’ cigarettes and rationing them. During his time in the ward, McMurphy gets into a battle of wits with Ratched. He steals a hospital bus, escaping with several patients to go on a fishing trip, encouraging his friends to become more self-confident.

McMurphy learns his sentence may become indefinite, and he makes plans to escape, exhorting Chief to throw a hydrotherapy cart through a window. He, Chief, and Cheswick get into a fight with the orderlies after the latter becomes agitated over his stolen cigarettes. Ratched sends them to the “shock shop”, and McMurphy discovers Chief can actually speak, feigning illness to avoid engaging with anyone. After being subjected to electroconvulsive therapy, McMurphy returns to the ward pretending to have brain damage, but reveals the treatment has charged him up even more. McMurphy and Chief make plans to escape, but decide to throw a secret Christmas party for their friends after Ratched leaves for the night.

McMurphy sneaks two women, Candy and Rose, into the ward and bribes the night guard. After a night of partying, McMurphy and Chief prepare to escape, inviting Billy to come with them. He refuses, not ready to leave the hospital. McMurphy instead convinces him to have sex with Candy. Ratched arrives in the morning to find the ward in disarray and most of the patients unconscious. She discovers Billy and Candy together, the former now free of his stutter, until Ratched threatens to inform his mother about his escapade. Billy is overwhelmed with fear and locks himself in the doctor’s office and commits suicide. The enraged McMurphy strangles Ratched, before being knocked out by an orderly.

Ratched comes back with a neck brace and a scratchy voice. Rumours spread that McMurphy escaped rather than be taken “upstairs”. Later that night, Chief sees McMurphy being returned to his bed. He discovers McMurphy has lobotomy scars on his forehead, and smothers his friend with a pillow. Chief finally throws the hydrotherapy cart through the window and escapes into the night, cheered on by the men.

Cast

Production

Filming began in January 1975 and concluded approximately three months later,[4] and was shot on location in Salem, Oregon and the surrounding area, as well as on the Oregon coast.[5][6] It was also shot at Oregon State Hospital in Salem, Oregon, which was also the setting of the novel.[7]

Haskell Wexler was fired as cinematographer and replaced by Bill Butler. Wexler believed his dismissal was due to his concurrent work on the documentary Underground, in which the radical terrorist group The Weather Underground were being interviewed while hiding from the law. However, Miloš Forman said he had terminated Wexler over mere artistic differences. Both Wexler and Butler received Academy Awardnominations for Best Cinematography for One Flew Over the Cuckoo’s Nest, though Wexler said there was “only about a minute or two minutes in that film I didn’t shoot.”[8]

According to Butler, Jack Nicholson refused to speak to Forman: “…[Jack] never talked to Milos at all, he only talked to me.”[1]

Reception

The film was met with overwhelming critical acclaim; Roger Ebert said “Miloš Forman’s One Flew Over the Cuckoo’s Nest is a film so good in so many of its parts that there’s a temptation to forgive it when it goes wrong. But it does go wrong, insisting on making larger points than its story really should carry, so that at the end, the human qualities of the characters get lost in the significance of it all. And yet there are those moments of brilliance.”[9] Ebert would later put the film on his “Great Movies” list.[10] A.D. Murphy of Variety wrote a mixed review as well,[11] as did Vincent Canby: writing in The New York Times, Canby called the film “a comedy that can’t quite support its tragic conclusion, which is too schematic to be honestly moving, but it is acted with such a sense of life that one responds to its demonstration of humanity if not to its programmed metaphors.”[12]

The film opens with original music by composer Jack Nitzsche, featuring an eerie bowed saw (performed by Robert Armstrong) and wine glasses. Commenting on the score, reviewer Steven McDonald has said, “The edgy nature of the film extends into the score, giving it a profoundly disturbing feel at times — even when it appears to be relatively normal. The music has a tendency to always be a little off-kilter, and from time to time it tilts completely over into a strange little world of its own …”[13]

The film went on to win the “Big Five” Academy Awards at the 48th Oscar ceremony. These include the Best Actor for Jack Nicholson, Best Actress for Louise Fletcher, Best Direction for Forman, Best Picture, andBest Adapted Screenplay for Laurence Hauben and Bo Goldman. The film currently has a 95% “Certified Fresh” rating at Rotten Tomatoes with an average rating of 8.9/10.[14] Its consensus states “The onscreen battle between Jack Nicholson and Louise Fletcher serves as a personal microcosm of the culture wars of the 1970s — and testament to the director’s vision that the film retains its power more than three decades later.”

One Flew Over the Cuckoo’s Nest is considered to be one of the greatest American films. Ken Kesey participated in the early stages of script development, but withdrew after creative differences with the producers over casting and narrative point of view; ultimately he filed suit against the production and won a settlement.[15] Kesey himself claimed never to have seen the movie, but said he disliked what he knew of it,[16] a fact confirmed by Chuck Palahniuk who wrote, “The first time I heard this story, it was through the movie starring Jack Nicholson. A movie that Kesey once told me he disliked.”[17]

In 1993, this film was deemed “culturally, historically, or aesthetically significant” by the United States Library of Congress and selected for preservation in their National Film Registry.[18]

Awards and honors

Award Category Nominee Result
Academy Award Academy Award for Best Picture Michael Douglas and Saul Zaentz Won
Academy Award for Best Director Miloš Forman Won
Academy Award for Best Actor Jack Nicholson Won
Academy Award for Best Actress Louise Fletcher Won
Academy Award for Writing Adapted Screenplay Laurence Hauben and Bo Goldman Won
Academy Award for Best Supporting Actor Brad Dourif Nominated
Academy Award for Best Cinematography Haskell Wexler and Bill Butler Nominated
Academy Award for Film Editing Richard Chew, Lyzee Klingman and Sheldon Kahn Nominated
Academy Award for Original Music Score Jack Nitzsche Nominated
Golden Globe Award Golden Globe Award for Best Motion Picture – Drama Michael Douglas and Saul Zaentz Won
Golden Globe Award for Best Director – Motion Picture Miloš Forman Won
Golden Globe Award for Best Actor – Motion Picture Drama Jack Nicholson Won
Golden Globe Award for Best Actress – Motion Picture Drama Louise Fletcher Won
Golden Globe Award for Best Screenplay Laurence Hauben and Bo Goldman Won
Golden Globe Award for New Star of the Year – Actor Brad Dourif Won
BAFTA Award BAFTA Award for Best Film Michael Douglas and Saul Zaentz Won
BAFTA Award for Best Direction Miloš Forman Won
BAFTA Award for Best Actor in a Leading Role Jack Nicholson Won
BAFTA Award for Best Actress in a Leading Role Louise Fletcher Won
BAFTA Award for Best Actor in a Supporting Role Brad Dourif Won
BAFTA Award for Best Editing Richard Chew, Lynzee Klingman and Sheldon Kahn Won
BAFTA Award for Best Cinematography Haskell Wexler and Bill Butler Nominated
BAFTA Award for Best Adapted Screenplay Laurence Hauben and Bo Goldman Nominated

Others

American Film Institute

See also

References

  1. ^ Jump up to:a b Townsend, Sylvia (19 December 2014). “Haskell Wexler and the Making of ‘One Flew Over the Cuckoo’s Nest'”. Retrieved 13 April2015.
  2. Jump up^ Chew was listed as “supervising editor” in the film’s credits, but was included in the nomination for an editing Academy Award.
  3. ^ Jump up to:a b “One Flew Over the Cuckoo’s Nest, Box Office Information”.Box Office Mojo. Retrieved January 22, 2012.
  4. Jump up^ One Flew Over the Cuckoo’s Nest at the American Film Institute
  5. Jump up^ Story Notes for One Flew Over the Cuckoo’s Nest
  6. Jump up^ “Hollywood’s Love Affair with Oregon Coast Continues”. Retrieved15 June 2015.
  7. Jump up^ Oregon State Hospital – A documentary film (Mental Health Association of Portland)
  8. Jump up^ Anderson, John. “Haskell Wexler, Oscar-Winning Cinematographer, Dies at 93.” The New York Times, December 27, 2015.
  9. Jump up^ Suntimes.com – Roger Ebert review, Chicago Sun-Times, January 1, 1975
  10. Jump up^ Suntimes.com – Roger Ebert review, Chicago Sun-Times, February 2, 2003.
  11. Jump up^ Variety.com – A.D. Murphy, Variety, November 7, 1975
  12. Jump up^ Canby, Vincent (November 28, 1975). “Critic’s Pick: One Flew Over the Cuckoo’s Nest”. The New York Times.
  13. Jump up^ AllMusic: Review by Steven McDonald
  14. Jump up^ “One Flew over the Cuckoo’s Nest Movie Reviews, Pictures – Rotten Tomatoes”. Retrieved 2010-08-19.
  15. Jump up^ Carnes, Mark Christopher, Paul R. Betz, et al. (1999). American National Biography, Volume 26. New York: Oxford University Press USA. ISBN 0-19-522202-4. p. 312,
  16. Jump up^ Carnes, p. 312
  17. Jump up^ Foreword of One Flew Over the Cuckoo’s Nest, Copyright 2007 by Chuck Palahniuk. Available in the 2007 Edition published by Penguin Books
  18. Jump up^ “U.S. National Film Registry — Titles”. Retrieved September 2,2016.
  19. Jump up^ AFI’s 100 Years…100 Heroes and Villains Nominees

External links

https://en.wikipedia.org/wiki/One_Flew_Over_the_Cuckoo%27s_Nest_(film)

Could Hillary’s smile cost her the election? Twitter mocks Clinton’s ‘creepy grandma’ grin as she smirks her way through presidential debate

With her opponent dogged by accusations of sexual assault, Hillary Clinton had strong odds as she entered the third presidential debate on Wednesday.

Only one thing seemed to threaten her chances of victory: her smile.

The Democratic candidate faced a flood of insults as she took to the stage at the University of Las Vegas, with many viewers confessing they were ‘creeped out’ by her stubborn grin.

Hundreds took to Twitter to describe her smile as ‘scary’ and ‘creepy’.

Hillary Clinton's unrelenting smile at Wednesday's presidential debate made for uncomfortable viewing for some voters 

Hillary Clinton’s unrelenting smile at Wednesday’s presidential debate made for uncomfortable viewing for some voters

Social media mocks Hillary Clinton’s ‘creepy grandma’ grin

Others questioned why, when being slammed with insults from her opponent, her expression did not drop.

‘Hillary Clinton’s smile is the scariest thing I’ve ever seen in my life,’ said one observer.

‘When Hillary smiles she looks like an evil snake,’ another commented.

‘What to do when you don’t have a response? Smile like a chipmunk,’ remarked another.

‘Whoever told Hillary Clinton to smile less since the first debate gave great advice,’ mused a different viewer.

Others, ever-so-slightly more charmed by her cheerful demeanor, likened her to a happy grandmother.

The Democratic candidate beamed as she listened to Donald Trump slam her political record and campaign policies 

Her glee remained written all over her face as Trump continued to slate her, much to viewers' confusion 

Her glee remained written all over her face as Trump continued to slate her, much to viewers’ confusion

Twitter users were quick to mock her expression as they watched the debate on Wednesday 

Twitter users were quick to mock her expression as they watched the debate on Wednesday

Clinton's happy expression became a talking point at earlier debates. It continued to peak viewers' interests at her final showdown with Trump on Wednesday (above) e

Clinton’s happy expression became a talking point at earlier debates. It continued to peak viewers’ interests at her final showdown with Trump on Wednesday (above)

‘Hillary Clinton is so cute it’s something about her I just want her to tuck me in and give me a kiss with her coffee breath,’ one commented.

It was not the first time her facial expression sparked interest among voters.

After the first presidential debate on September 26, political commentators shared some free advice with the candidate online.

‘Who told Hillary Clinton to keep smiling like she’s at her granddaughter’s birthday party?’ said David Frum, senior editor of The Atlantic, at the time.

The discussion had the same hallmarks of bizarre criticisms made earlier this month about Donald Trump’s incessant sniffing.

Viewers were distracted throughout the second presidential debate by the Republican candidate’s runny nose, complaining in their droves about it online. 
http://www.dailymail.co.uk/news/article-3854016/Could-Hillary-s-smile-cost-election-Twitter-mocks-Clinton-s-creepy-grandma-grin-smirks-way-presidential-debate.html#ixzz4Nf3WfCyu

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The Pronk Pops Show 777, October 17, 2016, Story 1: American People Rallying Point — Trump — Vs. Destructive Big Lie Media Cover-up Clinton Crimes and Corruption — Unbelievable — Tell The Truth — Videos — Story 2: Coming Collapse oF Obamacare — Do Not Blame Insurance Company’s Blame The Democratic Party and Obama For A Disaster and Failure — Back To The Future of Health Care Coverage — Free Enterprise Market Capitalism — Videos

Posted on October 17, 2016. Filed under: 2016 Presidential Campaign, 2016 Presidential Candidates, American History, Banking System, Blogroll, Breaking News, Budgetary Policy, Cartoons, College, Communications, Congress, Consitutional Law, Constitutional Law, Corruption, Countries, Crime, Culture, Disasters, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Drugs, Economics, Education, Elections, Empires, Employment, Fiscal Policy, Foreign Policy, Free Trade, Government, Government Dependency, Government Spending, Health, Health Care, Health Care Insurance, Hillary Clinton, Hillary Clinton, History, House of Representatives, Housing, Illegal Drugs, Illegal Immigration, Immigration, Impeachment, Independence, Labor Economics, Law, Legal Drugs, Legal Immigration, Life, Media, Mike Pence, Monetary Policy, News, Philosophy, Photos, Politics, Polls, President Barack Obama, Progressives, Senate, Social Networking, Social Security, Tax Policy, Taxes, Terror, Terrorism, Trade Policy, Unemployment, United States Constitution, United States of America, Videos, War, Weapons, Welfare Spending | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 777: October 17, 2016

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Pronk Pops Show 769: October 5, 2016 

Pronk Pops Show 768: October 3, 2016

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Pronk Pops Show 713: July 6, 2016

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Story 1: American People Rallying Point — Trump — Vs. Destructive Big Lie Media Cover-up Clinton Crimes and Corruption — Unbelievable — Videos

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Image result for cartoons on trump attack by media

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Image result for cartoons on trump attack by mediaImage result for cartoons on trump on rigged elections by media

 

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Unbalanced Coverage Of Candidate Scandals – Clinton Vs Trump – On The Record

Donald Trump: This whole election is being rigged

USA: Trump says US elections ‘rigged by corrupt media’ to favour Clinton

Donald Trump says he’s a victim at Charlotte rally 

Mainstream Media Publicly Shamed by 20,000 Americans

CNN Turns Off Cameras After Donald Trump Calls Them Out For Their FAKE Focus Group

Donald Trump Talks About NEW WIKILEAKS Revelations & Hillary Clinton

Frank Luntz Focus Group Trashes Hillary After 2nd Debate Luntz Says Trump Redeemed Himself

Newt Gingrich This Week Abc: People Chose Trump & 20 TV Executives Decided to Destroy Him

Story 2: Coming Collapse Of Obamacare — Do Not Blame Insurance Company’s Blame The Democratic Party and Obama For A Disaster and Failure —  Back To The Future of Health Care Coverage — Free Enterprise Market Capitalism — Videos

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Image result for cartoons on obamacare collapse

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Image result for cartoons on obamacare collapse

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Stuart Varney: Collapse of ObamaCare will be underreported

ObamaCare architect confronted over rising premiums

Obamacare Has Screwed Up The American Economy – Dave Ramsey Rant

Richard Epstein: Obamacare’s Collapse, the 2016 Election, & More

ObamaCare to collapse within a year?

Obamacare On “Verge Of Collapse” As Premiums Set To Soar Again In 2017

 

Reps. Burgess, Price, Roe: Our diagnosis as doctors — ObamaCare is about to collapse

 

 

The Delayed Gratification of Obamacare

Why hasn’t public opinion of the Affordable Care Act matched up with its successes?

 

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The Pronk Pops Show 771, October 7, 2016, Story 1: Job Growth Slowing Down with 156,000 Non-farm Payroll Jobs in September and Uptick On U-3 Unemployment To 5% and Labor Participation Rate of 62. 9% With 94,184,000 Not In Labor Force — Heading For Another Recession? — Videos — Story 2: Will Fed Raise Fed Funds Target In December by .25% And Tip The Economy Into A Recession? Stagnation Then Stagflation — Buy Gold — Videos — Story 3: Tribute To Entrepreneurs — Restoring The American Dream — Videos

Posted on October 7, 2016. Filed under: 2016 Presidential Campaign, 2016 Presidential Candidates, American History, Blogroll, Breaking News, College, Communications, Congress, Constitutional Law, Corruption, Countries, Donald Trump, Elections, Hillary Clinton, History, House of Representatives, Housing, Illegal Immigration, Immigration, Impeachment, Independence, Law, Legal Immigration, Media, News, Philosophy, Photos, Politics, Progressives, Radio, Raymond Thomas Pronk, Regulation, Securities and Exchange Commission, Security, Senate, Success, Taxation, Taxes, Terror, Terrorism, Unemployment, United States of America, Wall Street Journal, War, Wealth, Weapons, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 771: October 7, 2016

Pronk Pops Show 770: October 6, 2016

Pronk Pops Show 769: October 5, 2016 

Pronk Pops Show 768: October 3, 2016

Pronk Pops Show 767: September 30, 2016

Pronk Pops Show 766: September 29, 2016

Pronk Pops Show 765: September 28, 2016

Pronk Pops Show 764: September 27, 2016

Pronk Pops Show 763: September 26, 2016

Pronk Pops Show 762: September 23, 2016

Pronk Pops Show 761: September 22, 2016

Pronk Pops Show 760: September 21, 2016

Pronk Pops Show 759: September 20, 2016

Pronk Pops Show 758: September 19, 2016

Pronk Pops Show 757: September 16, 2016

Pronk Pops Show 756: September 15, 2016

Pronk Pops Show 755: September 14, 2016

Pronk Pops Show 754: September 13, 2016

Pronk Pops Show 753: September 12, 2016

Pronk Pops Show 752: September 9, 2016

Pronk Pops Show 751: September 8, 2016

Pronk Pops Show 750: September 7, 2016

Pronk Pops Show 749: September 2, 2016

Pronk Pops Show 748: September 1, 2016

Pronk Pops Show 747: August 31, 2016

Pronk Pops Show 746: August 30, 2016

Pronk Pops Show 745: August 29, 2016

Pronk Pops Show 744: August 26, 2016

Pronk Pops Show 743: August 25, 2016

Pronk Pops Show 742: August 24, 2016

Pronk Pops Show 741: August 23, 2016

Pronk Pops Show 740: August 22, 2016

Pronk Pops Show 739: August 18, 2016

Pronk Pops Show 738: August 17, 2016

Pronk Pops Show 737: August 16, 2016

Pronk Pops Show 736: August 15, 2016

Pronk Pops Show 735: August 12, 2016

Pronk Pops Show 734: August 11, 2016

Pronk Pops Show 733: August 9, 2016

Pronk Pops Show 732: August 8, 2016

Pronk Pops Show 731: August 4, 2016

Pronk Pops Show 730: August 3, 2016

Pronk Pops Show 729: August 1, 2016

Pronk Pops Show 728: July 29, 2016

Pronk Pops Show 727: July 28, 2016

Pronk Pops Show 726: July 27, 2016

Pronk Pops Show 725: July 26, 2016

Pronk Pops Show 724: July 25, 2016

Pronk Pops Show 723: July 22, 2016

Pronk Pops Show 722: July 21, 2016

Pronk Pops Show 721: July 20, 2016

Pronk Pops Show 720: July 19, 2016

Pronk Pops Show 719: July 18, 2016

Pronk Pops Show 718: July 15, 2016

Pronk Pops Show 717: July 14, 2016

Pronk Pops Show 716: July 13, 2016

Pronk Pops Show 715: July 12, 2016

Pronk Pops Show 714: July 7, 2016

Pronk Pops Show 713: July 6, 2016

Pronk Pops Show 712: July 5, 2016

Pronk Pops Show 711: July 1, 2016

Story 1: Job Growth Slowing Down with 156,000 Non-farm Payroll Jobs in September and Uptick On U-3 Unemployment To 5% and Labor Participation Rate of 62. 9% With 94,184,000 Not In Labor Force — Heading For Another Recession? — Videos

What’s the fallout from the jobs report?

Breaking down the September jobs report

What the September jobs report means for a rate hike

U.S. Jobs Report: 156,000 New Jobs Added In September

‘Boring’ Jobs Report May Be New Normal

.

Ep. 201: September Jobs Report Even Weaker Than It Appears

McCullough: Why Mainstream Media Is Wrong About Today’s Jobs Report

‘Macro Mentoring’ With Hedgeye’s Keith McCullough : Session 4

Quarter-to-Quarter Growth in Real GDP

The ShadowStats Alternate Unemployment Rate for October 2016 is 23.0%

Alternate Unemployment Charts

The seasonally-adjusted SGS Alternate Unemployment Rate reflects current unemployment reporting methodology adjusted for SGS-estimated long-term discouraged workers, who were defined out of official existence in 1994. That estimate is added to the BLS estimate of U-6 unemployment, which includes short-term discouraged workers.

The U-3 unemployment rate is the monthly headline number. The U-6 unemployment rate is the Bureau of Labor Statistics’ (BLS) broadest unemployment measure, including short-term discouraged and other marginally-attached workers as well as those forced to work part-time because they cannot find full-time employment.

Employment, Hours, and Earnings from the Current Employment Statistics survey (National)

1-Month Net Change

Series Id:     CES0000000001
Seasonally Adjusted
Series Title:  All employees, thousands, total nonfarm, seasonally adjusted
Super Sector:  Total nonfarm
Industry:      Total nonfarm
NAICS Code:    -
Data Type:     ALL EMPLOYEES, THOUSANDS

Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
1980 129 80 112 -144 -431 -320 -262 260 113 281 257 195
1981 94 68 105 73 10 197 112 -36 -87 -99 -209 -278
1982 -326 -5 -130 -280 -45 -243 -342 -158 -181 -277 -123 -14
1983 224 -75 172 276 277 379 418 -308 1115 271 353 356
1984 446 481 275 363 308 379 313 242 310 286 349 128
1985 266 124 346 196 274 146 190 193 203 188 209 167
1986 125 107 94 187 127 -94 318 114 347 186 186 205
1987 172 232 249 338 226 172 347 171 228 492 232 294
1988 94 453 276 245 229 363 222 124 339 268 339 290
1989 262 258 193 173 118 116 40 49 250 111 277 96
1990 335 249 214 40 151 24 -32 -216 -89 -159 -150 -56
1991 -120 -305 -158 -211 -125 97 -40 10 32 17 -58 26
1992 52 -63 54 159 126 68 71 138 36 182 136 212
1993 309 242 -49 308 266 182 301 156 240 286 263 312
1994 271 200 465 350 333 315 373 282 353 213 420 277
1995 324 204 221 162 -15 234 96 253 244 153 149 133
1996 -19 432 267 163 322 287 249 179 225 250 299 171
1997 234 303 316 292 260 266 306 -31 512 340 306 303
1998 276 196 151 280 404 219 129 342 223 199 282 346
1999 126 410 107 376 211 260 326 160 214 400 293 296
2000 230 130 468 287 227 -47 176 -10 136 -14 226 142
2001 -26 72 -25 -281 -38 -131 -112 -157 -240 -325 -293 -170
2002 -138 -134 -20 -79 -7 57 -85 -14 -59 126 10 -157
2003 92 -150 -209 -44 -8 9 24 -42 104 198 17 122
2004 162 46 332 249 308 76 44 121 164 346 64 130
2005 134 239 136 365 174 247 376 194 68 85 337 159
2006 278 316 281 183 23 82 207 181 158 4 208 171
2007 240 90 189 79 143 78 -33 -24 88 85 115 97
2008 19 -86 -78 -210 -185 -165 -209 -266 -452 -473 -769 -695
2009 -791 -703 -823 -686 -351 -470 -329 -212 -219 -200 -7 -279
2010 28 -69 163 243 522 -133 -70 -34 -52 257 123 88
2011 42 188 225 346 73 235 70 107 246 202 146 207
2012 338 257 239 75 115 87 143 190 181 132 149 243
2013 190 311 135 192 218 146 140 269 185 189 291 45
2014 187 168 272 310 213 306 232 218 286 200 331 292
2015 221 265 84 251 273 228 277 150 149 295 280 271
2016 168 233 186 144 24 271 252 167(P) 156(P)
P : preliminary

Civilian Labor Force Level

159,907,000

Series Id:           LNS11000000
Seasonally Adjusted
Series title:        (Seas) Civilian Labor Force Level
Labor force status:  Civilian labor force
Type of data:        Number in thousands
Age:                 16 years and over

Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 142267(1) 142456 142434 142751 142388 142591 142278 142514 142518 142622 142962 143248
2001 143800 143701 143924 143569 143318 143357 143654 143284 143989 144086 144240 144305
2002 143883 144653 144481 144725 144938 144808 144803 145009 145552 145314 145041 145066
2003 145937(1) 146100 146022 146474 146500 147056 146485 146445 146530 146716 147000 146729
2004 146842(1) 146709 146944 146850 147065 147460 147692 147564 147415 147793 148162 148059
2005 148029(1) 148364 148391 148926 149261 149238 149432 149779 149954 150001 150065 150030
2006 150214(1) 150641 150813 150881 151069 151354 151377 151716 151662 152041 152406 152732
2007 153144(1) 152983 153051 152435 152670 153041 153054 152749 153414 153183 153835 153918
2008 154063(1) 153653 153908 153769 154303 154313 154469 154641 154570 154876 154639 154655
2009 154210(1) 154538 154133 154509 154747 154716 154502 154307 153827 153784 153878 153111
2010 153484(1) 153694 153954 154622 154091 153616 153691 154086 153975 153635 154125 153650
2011 153263(1) 153214 153376 153543 153479 153346 153288 153760 154131 153961 154128 153995
2012 154351(1) 154695 154768 154557 154859 155084 154943 154753 155168 155539 155356 155597
2013 155666(1) 155313 155034 155365 155483 155753 155662 155568 155749 154694 155352 155083
2014 155285(1) 155560 156187 155376 155511 155684 156090 156080 156129 156363 156442 156142
2015 157025(1) 156878 156890 157032 157367 156984 157115 157061 156867 157096 157367 157833
2016 158335(1) 158890 159286 158924 158466 158880 159287 159463 159907
1 : Data affected by changes in population controls.

Labor Force Participation Rate

62.8%

Series Id:           LNS11300000
Seasonally Adjusted
Series title:        (Seas) Labor Force Participation Rate
Labor force status:  Civilian labor force participation rate
Type of data:        Percent or rate
Age:                 16 years and over

Employment Level

151,968,000

Series Id:           LNS12000000
Seasonally Adjusted
Series title:        (Seas) Employment Level
Labor force status:  Employed
Type of data:        Number in thousands
Age:                 16 years and over

Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 136559(1) 136598 136701 137270 136630 136940 136531 136662 136893 137088 137322 137614
2001 137778 137612 137783 137299 137092 136873 137071 136241 136846 136392 136238 136047
2002 135701 136438 136177 136126 136539 136415 136413 136705 137302 137008 136521 136426
2003 137417(1) 137482 137434 137633 137544 137790 137474 137549 137609 137984 138424 138411
2004 138472(1) 138542 138453 138680 138852 139174 139556 139573 139487 139732 140231 140125
2005 140245(1) 140385 140654 141254 141609 141714 142026 142434 142401 142548 142499 142752
2006 143150(1) 143457 143741 143761 144089 144353 144202 144625 144815 145314 145534 145970
2007 146028(1) 146057 146320 145586 145903 146063 145905 145682 146244 145946 146595 146273
2008 146378(1) 146156 146086 146132 145908 145737 145532 145203 145076 144802 144100 143369
2009 142152(1) 141640 140707 140656 140248 140009 139901 139492 138818 138432 138659 138013
2010 138438(1) 138581 138751 139297 139241 139141 139179 139438 139396 139119 139044 139301
2011 139250(1) 139394 139639 139586 139624 139384 139524 139942 140183 140368 140826 140902
2012 141596(1) 141877 142050 141916 142204 142387 142281 142278 143028 143404 143345 143298
2013 143249(1) 143359 143352 143622 143842 144003 144300 144284 144447 143537 144555 144684
2014 145092(1) 145185 145772 145677 145792 146214 146438 146464 146834 147374 147389 147439
2015 148104(1) 148231 148333 148509 148748 148722 148866 149043 148942 149197 149444 149929
2016 150544(1) 151074 151320 151004 151030 151097 151517 151614 151968

Employment-Population Ratio

59.8%

Series Id:           LNS12300000
Seasonally Adjusted
Series title:        (Seas) Employment-Population Ratio
Labor force status:  Employment-population ratio
Type of data:        Percent or rate
Age:                 16 years and over

Download:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2000 64.6 64.6 64.6 64.7 64.4 64.5 64.2 64.2 64.2 64.2 64.3 64.4
2001 64.4 64.3 64.3 64.0 63.8 63.7 63.7 63.2 63.5 63.2 63.0 62.9
2002 62.7 63.0 62.8 62.7 62.9 62.7 62.7 62.7 63.0 62.7 62.5 62.4
2003 62.5 62.5 62.4 62.4 62.3 62.3 62.1 62.1 62.0 62.1 62.3 62.2
2004 62.3 62.3 62.2 62.3 62.3 62.4 62.5 62.4 62.3 62.3 62.5 62.4
2005 62.4 62.4 62.4 62.7 62.8 62.7 62.8 62.9 62.8 62.8 62.7 62.8
2006 62.9 63.0 63.1 63.0 63.1 63.1 63.0 63.1 63.1 63.3 63.3 63.4
2007 63.3 63.3 63.3 63.0 63.0 63.0 62.9 62.7 62.9 62.7 62.9 62.7
2008 62.9 62.8 62.7 62.7 62.5 62.4 62.2 62.0 61.9 61.7 61.4 61.0
2009 60.6 60.3 59.9 59.8 59.6 59.4 59.3 59.1 58.7 58.5 58.6 58.3
2010 58.5 58.5 58.5 58.7 58.6 58.5 58.5 58.6 58.5 58.3 58.2 58.3
2011 58.3 58.4 58.4 58.4 58.3 58.2 58.2 58.3 58.4 58.4 58.6 58.6
2012 58.4 58.5 58.6 58.5 58.5 58.6 58.5 58.4 58.7 58.8 58.7 58.6
2013 58.5 58.6 58.5 58.6 58.6 58.6 58.7 58.7 58.7 58.3 58.6 58.6
2014 58.8 58.8 59.0 58.9 58.9 59.0 59.0 59.0 59.1 59.3 59.2 59.2
2015 59.3 59.3 59.3 59.3 59.4 59.3 59.3 59.4 59.3 59.3 59.4 59.5
2016 59.6 59.8 59.9 59.7 59.7 59.6 59.7 59.7 59.8

Unemployment Level

7,939,000