The Pronk Pops Show 1247, April 30, 2019, Story 1: Vive Venezuelan Revolution Regime Change — Send In Trump’s Private Army — Central Intelligence Agency — Takeover Oil Fields and Restore Democracy — Cubans and Russians Deported To Country of Origin — Videos — Story 2: Babbling Biden Bowel Movement — A Few Dozen Union Leaders Show Up — Not Very Impressive — Videos — Story 3: Biden Surges in Rigged Polls — Videos — Story 4: A Whole Lot of Unmasking Going On — Artifact of Attempted Deep State Coupe? — Videos

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Story 1: Vive Venezuelan Revolution Regime Change — Send In Trump’s Private Army — Central Intelligence Agency — Takeover Oil Fields and Restore Democracy — Cubans and Russians Deported To Country of Origin — Videos

 

Venezuela’s Guaidó calls for uprising against Maduro

Guaido initiates ‘final phase’ of uprising in Venezuela

Erik Prince Wants A Private Army Sent To Venezuela

Venezuela Collapse Explained

Venezuela Crisis Explained (Short Documentary 2017)

Pompeo warns Russia to get out of Venezuela

Venezuela’s President Maduro ‘had a plane on the tarmac’ yesterday and was ready to flee to Cuba before RUSSIA intervened to stop him leaving, US claims after tens of thousands of people hit the streets in support of his rival Juan Guaido sparking violent clashes with military

  • Juan Guaido called for uprising against Nicolas Maduro on Tuesday from the La Carlota airbase in Caracas
  • Mike Pompeo claims Maduro was ready to leave Venezuela as uprising began until the Kremlin intervened 
  • Guaido made the announcement surrounded by troops who then began setting up a defensive perimeter
  • Maduro’s forces fired tear gas before a heavy exchange of gunfire, with protesters caught in the middle
  • Video footage shows a Venezuelan National Guard armoured vehicle plough into a group of protesters
  • Trump administration backs Guaido and his uprising while Putin backs Maduro during talks with top officials

Clashes rock Venezuela as Guaido urges opposition uprising

24 minutes ago

Opposition leader Juan Guaidó took a bold step to revive his movement to seize power in Venezuela, taking to the streets Tuesday to call for a military uprising that drew quick support from the Trump administration but also fierce resistance from forces loyal to embattled socialist Nicolas Maduro.

Violent street battles erupted in parts of Caracas in what was the most serious challenge yet to Maduro’s rule — kicked off with a video shot at dawn of Guaidó, flanked by several heavily armed national guardsmen, urging a final push to topple Maduro.

In one dramatic incident during a chaotic day, several armored vehicles plowed into a group of anti-government demonstrators trying to storm the capital’s air base, hitting at least two protesters.

Still, the rebellion, dubbed “Operation Freedom,” seemed to have garnered only limited military support.

The dramatic events began early Tuesday when Guaidó, flanked by a few dozen national guardsmen and some armored crowd-control vehicles, released the three-minute video shot near the Carlota air base.

In a surprise, Leopoldo Lopez, Guaido’s political mentor and the nation’s most-prominent opposition activist, stood alongside him. Detained in 2014 for leading a previous round of anti-government unrest, Lopez said he had been released from house arrest by security forces adhering to an order from Guaidó.

“I want to tell the Venezuelan people: This is the moment to take to the streets and accompany these patriotic soldiers,” Lopez declared.

As the two opposition leaders coordinated actions from a highway overpass, troops loyal to Maduro fired tear gas from inside the adjacent air base.

A crowd that quickly swelled to a few thousand scurried for cover, reappearing later with Guaidó at a plaza a few blocks from the disturbances. A smaller group of masked youths stayed behind on the highway, lobbing rocks and Molotov cocktails toward the air base and setting a government bus on fire.

An anti-government protester walks near a bus that was set on fire by opponents of Venezuela’s President Nicolas Maduro during clashes between rebel and loyalist soldiers in Caracas, Venezuela, Tuesday, April 30, 2019. (AP Photo/Fernando Llano)

Amid the mayhem, several armored utility vehicles careened over a berm and drove at full speed into the crowd. Two demonstrators, lying on the ground with their heads and legs bloodied, were rushed away on a motorcycle as the vehicles sped away dodging fireballs thrown by the demonstrators.

“It’s now or never,” said one of the young rebellious soldiers, his face covered in the blue bandanna worn by the few dozen insurgent soldiers.

Later Tuesday, Lopez and his family sought refuge in the Chilean ambassador’s residence in Caracas, where another political ally has been holed up for over a year. There were also reports that 25 troops who had been with Guaidó fled to Brazil’s diplomatic mission.

Amid the confusion, Maduro tried to project an image of strength, saying he had spoken to several regional military commanders who reaffirmed their loyalty.

“Nerves of steel!” he said in a message posted on Twitter.

Flanked by top military commanders, Defense Minister Vladimir Padrino López condemned Guaido’s move as a “terrorist” act and “coup attempt” that was bound to fail like past uprisings.

Fireworks launched by opponents of Venezuela’s President Nicolas Maduro land near Bolivarian National Guard armored vehicles loyal to Maduro, during an attempted military uprising in Caracas, Venezuela, Tuesday, April 30, 2019. (AP Photo/Ariana Cubillos)

“Those who try to take Miraflores with violence will be met with violence,” he said on national television, referring to the presidential palace where hundreds of government supporters, some of them brandishing firearms, had gathered in response to a call to defend Maduro.

Meanwhile, Foreign Minister Jorge Arreaza said the “right-wing extremists” would not succeed in fracturing the armed forces, which have largely stood with the socialist leader throughout the months of turmoil.

“Since 2002, we’ve seen the same pattern,” Arreaza told The Associated Press. “They call for violence, a coup, and send people into the streets so that there are confrontations and deaths. And then from the blood they try to construct a narrative.”

Protesters erected barricades of debris at several downtown intersections about 10 blocks from the presidential palace, but police in riot gear moved in quickly to clear the roads. Most shops and businesses were closed and the streets of the capital unusually quiet, as people huddled at home to await the outcome of the day’s drama.

Guaidó said he called for the uprising to restore Venezuela’s constitutional order, broken when Maduro was sworn in earlier this year for a second term following elections boycotted by the opposition and considered illegitimate by dozens of countries.

Paramedics aid an anti-government protester who was injured during clashes with security forces loyal to President Nicolas Maduro, during an attempted military uprising in Caracas, Venezuela, Tuesday, April 30, 2019. (AP Photo/Boris Vergara)

He said that in the coming hours he would release a list of top commanders supporting the uprising. There were unconfirmed reports that Gen. Manuel Christopher Figuera, who heads the feared intelligence agency responsible for keeping Lopez in state custody, was among members of the security forces who had decided to flip.

“The armed forces have taken the right decision,” said Guaidó. “With the support of the Venezuelan people and the backing of our constitution they are on the right side of history.”

Anti-government demonstrators gathered in several other cities, although there were no reports that Guaidó’s supporters had taken control of any military installations.

As events unfolded, governments from around the world expressed support for Guaidó while reiterating calls to avoid violent confrontation.

Bolton declined to discuss possible actions — military or otherwise — but reiterated that “all options” are on the table as President Donald J. Trump monitors developments “minute by minute.”

He said he was waiting for key power brokers including Padrino, Supreme Court chief justice Maikel Moreno and head of the presidential guard to make good on their commitments to achieve the peaceful transfer of power to Guiado.

“All agreed that Maduro had to go. They need to be able to act this afternoon, or this evening, to help bring other military forces to the side of the interim president,” Bolton said. “If this effort fails, (Venezuela) will sink into a dictatorship from which there are very few possible alternatives.”

Elsewhere, Spain’s socialist caretaker government urged restraint, while the governments of Cuba and Bolivia reiterated their support for Maduro.

___

Joshua Goodman in Cucuta, Colombia, contributed to this report.

https://www.dailymail.co.uk/news/article-6975871/Venezuelas-Juan-Guaido-calls-military-revolt-final-phase-overthrowing-President-Maduro.html

 

– Story 2: Babbling Biden Bowel Movement — A Few Hundred Union Leaders Show Up — Not Very Impressive — Videos

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Joe Biden holds first 2020 campaign rally

 

Story 3: Biden Surges in Rigged CNN Polls — 39% Biden, 15% Sanders and No Other Candidates in Double Digits —  Videos

 

Biden surges in primary polls

Former Vice President Joe Biden has surged in the polls since launching his bid for the Democratic presidential nomination, opening up a double-digit lead over the rest of the field in two new national surveys.

A CNN poll released Tuesday found Biden jumping 11 points to 39 percent support, a 24-point lead over Sen. Bernie Sanders (I-Vt.), who is at 15 percent support. No other candidate in the race has double-digit backing from respondents.

And a Morning Consult survey released Tuesday found Biden with 36 percent support, followed by Sanders at 22 percent. That’s a 6-point bounce for Biden from the same survey released earlier this month, while Sanders has fallen by 2 points. No other candidate reaches double-digit support in the Morning Consult poll, either.

Biden’s polling strength also extends to the first-in-the-nation primary state of New Hampshire.

A Suffolk University survey released Tuesday found the former Delaware senator in the lead in New Hampshire with 20 percent support, followed by Sanders and South Bend, Ind., Mayor Pete Buttigieg at 12 percent. Sen. Elizabeth Warren (D-Mass.) is in fourth place at 8 percent.

If Biden were to win New Hampshire it would be a massive blow to Sanders and Warren, who come from nearby states and are seen as having a home-field advantage in the Northeast.

Biden’s strength in the polls is driven by his broad support from African Americans. Biden has 43 percent support from black voters, according to Morning Consult. Sanders is at 20 percent here, followed by Sen. Kamala Harris (D-Calif.) at 10 percent.

The same holds true in the CNN poll, with Biden hitting 50 percent among nonwhite voters. Sanders is a distant second at 14 percent, and no other candidate is in double-digits.

With Biden emerging as the clear early front-runner, the Democrats lagging behind are increasingly taking shots at him and his decades-long voting record.

Sanders went after Biden with his most direct attacks yet on Monday night on CNN’s “Anderson Cooper 360.”

“I helped lead the fight against NAFTA [the North American Free Trade Agreement], [Biden] voted for NAFTA. I helped lead the fight against China [on trade], he voted for it. I strongly opposed [the Trans-Pacific Partnership], he supported it. I voted against the war in Iraq, he voted for it,” Sanders said.

President Trump also unloaded on Biden with a series of Twitter attacks, suggesting the president and his political team view the former vice president as a formidable challenger.

The attacks from the White House further help Biden separate himself from the pack of Democrats behind him, setting up an early one-on-one with the president that sets Biden above the fray.

Biden has sought to draw early contrasts between himself and Trump, opening his launch speech by attacking the president’s response to the 2017 white supremacist rally in Charlottesville, Va.

On Monday, Biden rallied union workers at a campaign event in Pennsylvania, a state Trump turned red in the last election for the first time since 1988.

“I’m sick of this President badmouthing unions,” Biden tweeted. “Labor built the middle class in this country … we need a president who honors them and their work.”

https://thehill.com/homenews/campaign/441313-poll-biden-surges-in-primary-polls

Biden holds 26-point lead among Dems in new national poll

Days after announcing his presidential candidacy, former Vice President Joe Biden holds a 26-point lead over other Democratic contenders, according to a new Quinnipiac University Poll released Tuesday.

Biden, who announced his White House bid early Thursday, leads among Democrats and voters leaning Democratic with 38 percent support of those surveyed, according to the poll.

Sen. Elizabeth Warren (D-Mass.) came in second in the poll with 12 percent support among those surveyed, followed by Sen. Bernie Sanders (I-Vt.) with 11 percent, the poll found.

“The Democratic primary race suddenly gets real with a fast start by former Vice President Joe Biden and a very clear indication from voters that he is the only candidate who can send President Trumppacking 18 months from now,” said Tim Malloy, assistant director of the Quinnipiac University Poll.

The results of the Quinnipiac University Poll are similar to survey results released Tuesday that showed a surge of support for Biden following his campaign launch. The former vice president far outpaced every other candidate in several polls release Tuesday.

CNN-SSRS poll released Tuesday found that Biden leaped 11 points since last month, earning the support of 39 percent of the Democratic electorate. That poll found Biden holding a 24-point lead over Sen. Bernie Sanders (I-Vt) and no other candidate earning double-digit support.

A Morning Consult survey released Tuesday found that Biden rose from 30 percent support earlier this month to 36 percent support. That poll found Sanders’s support at 22 percent.

The Quinnipiac University Poll surveyed 419 Democrats and Democratic-leaning voters from April 26 to 29 and has a margin of error of 5.6 percentage points.

https://thehill.com/homenews/campaign/441399-biden-holds-26-point-lead-among-dems-in-new-national-poll

Story 4: A Whole Lot of Unmasking Going On — Artifact of Attempted Deep State Coupe — Videos

 

NSA Reports 75% Increase in Unmasking U.S. Identities Under Foreign Surveillance Law in 2018

The National Security Agency, responsible for electronic eavesdropping, disclosed the identities of people or entities that are normally redacted in intelligence reports

 

A sign outside the National Security Agency campus in Fort Meade, Md. PHOTO: PATRICK SEMANSKY/ASSOCIATED PRESS

The National Security Agency revealed to federal agencies the identities of almost 17,000 U.S. residents or corporations whose information was collected under a foreign surveillance law in 2018, registering about a 75% increase in unmaskings over the previous year, according to an annual transparency report released Tuesday.

The NSA, responsible for electronic eavesdropping, disclosed the identities of people or entities that are normally redacted in intelligence reports—in response to specific requests from other government agencies to reveal the identities, a process known as unmasking.

In 2018, NSA said it unmasked 16,721 U.S. identities caught up in intelligence intercepts produced by a foreign intelligence law, the report said. It unmasked 9,529 in 2017 and 9,217 in a 12-month period across 2015 and 2016.

The surge in the number of unmaskings last year was fueled in part by an effort to determine the identities of victims of cyberattacks from foreign intelligence agencies, according to Alex Joel, head of civil liberties and transparency at the Office of the Director of National Intelligence which released Tuesday’s report.

Mr. Joel, in a call with reporters, said there were a number of varied factors—including world events and evolving threats—that could result in statistical fluctuations in a given year for a certain type of surveillance.

Unmasking is a term used when the identity of a U.S. citizen, lawful resident, or corporate entity is revealed in classified intelligence reports. Unmasking is designed to be only used for national-security reasons, such as helping officials assess intelligence by providing the identity of someone two foreign spies may be discussing on a call. But the process is governed by strict rules across the U.S. intelligence apparatus that make it illegal to use unmaskings for political purposes or to leak classified information.

The practice has become a politically charged topic in recent years, as President Trump and some Republican allies in Congress have repeatedly accused the Obama administration of improperly using surveillance information—including unmasking the redacted names of Mr. Trump’s transition team members—for political gain. Former intelligence officials have repeatedly denied those accusations, and no evidence has been provided publicly to support them.

The unmasked information was collected under Section 702 of the Foreign Intelligence Surveillance Act, which allows U.S. intelligence agencies to collect certain categories of foreign intelligence information from international phone calls and emails of terrorism suspects and other perceived security threats. Information from that surveillance is often shared with relevant federal government agencies with the names of any U.S. persons redacted to protect their privacy, unless an agency requests that identities be unmasked.

Privacy advocates have long criticized the law for allowing broad surveillance that can implicate Americans and doesn’t require individualized warrants, while U.S. intelligence officials have defended it as among the most valuable national-security tools at their disposal.

A single intelligence report could contain a lengthy list of identities that a government agency would ask to have unmasked, including the victims of large-scale foreign intelligence operations. In that case, each individual person or entity would be counted separately, Mr. Joel said. As a result, the NSA shared only 1,379 reports last year containing identities that were revealed.

The report showed the number of foreigners targeted under the law continued to rise in 2018 to 164,770, about 35,000 higher than the previous year.

But information about Americans that was incidentally collected dropped to 14,374—down from nearly 17,000 in 2017 and less than half the total collected two years ago. Incidental collection can occur in a number of ways, including when a U.S. person communicates with a foreign target under surveillance.

Congress passed legislation in January 2018 that renewed the surveillance authority for six years with minimal changes, which Mr. Trump signed into law.

The transparency report released Tuesday also showed that the NSA had gathered in 2018 fewer metadata records of domestic phone calls and text messages—about 434 million compared with the 534 million collected in 2017. But the latest figure includes records collected both before and after the NSA had to purge its database last year, meaning NSA recollected a large amount of those records and counted them twice, Mr. Joel said.

The NSA purged its database after learning it was receiving information it wasn’t authorized to obtain, including data about phone numbers not connected to any surveillance target. Metadata include the numbers and time stamps of a call or text message but not the contents of the conversation.

The law that governs that phone metadata program is due to expire in December. The Wall Street Journal reported last week that the NSA had recommended to the White House that it let the program lapse due to logistical and legal burdens and that the White House hadn’t yet made a policy decision on the matter.

In a possible reflection of the phone system’s waning importance—compared to other surveillance programs that saw a rise in phone use—analysts at the NSA obtained orders to gather records about only an estimated 11 targets last year, down from 40 in 2017, the report said.

 

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The Pronk Pops Show 780, October 20, 2016, Part 1 of 2 — 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 — Story 2: Hillary Clinton Is Nurse Ratched! — Would Turn America Into An Insane Asylum — Videos

Posted on October 19, 2016. Filed under: 2016 Presidential Campaign, 2016 Presidential Candidates, American History, Banking System, Benghazi, Blogroll, Budgetary Policy, College, Communications, Constitutional Law, Corruption, Countries, Defense Spending, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Economics, Education, Elections, Empires, Employment, Fast and Furious, Fiscal Policy, Foreign Policy, Fourth Amendment, Free Trade, Government, Government Dependency, Government Spending, Health, Health Care, Health Care Insurance, Hillary Clinton, Hillary Clinton, Hillary Clinton, History, Illegal Immigration, Illegal Immigration, Immigration, Impeachment, Independence, Investments, Iran Nuclear Weapons Deal, IRS, Labor Economics, Law, Legal Immigration, Life, Media, Mike Pence, Monetary Policy, News, Nixon, Obama, Philosophy, Photos, Politics, Polls, President Barack Obama, Pro Life, Progressives, Public Sector Unions, Raymond Thomas Pronk, Regulation, Scandals, Science, Second Amendment, Security, Success, Tax Policy, Taxation, Taxes, Technology, Terror, Terrorism, Trade Policy, Unemployment, Unions, United States Constitution, United States of America, United States Supreme Court, Videos, Violence, War, Wealth, Welfare Spending, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

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

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Pronk Pops Show 759: September 20, 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) 

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 774, October 12, 2016, Part 3 of 3: Story 1: Trump Won Debate and Will Win Election With Independents and White Voters! — Videos — Story 2: Trump Apology For Boys Being Bad Bus Boys Video — Big Lie Media Feeding Frenzy — Videos — Story 3: Guilty As Sin — Hillary Clinton — Verdict Announced On Election Day — Videos — Story 4: Back To The Issues The American People Care About? The Economy, Jobs/Unemployment, Federal Budget Deficits/National Debt, Affordable Health Care Insurance, Social Security, National Security, Terrorism, Illegal Alien Invasion of United States, Education, Abortion, Crime/Violence, Wages, Inflation and Taxes! — Videos

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Bill Clinton: Trump Base ‘Standard Rednecks’

Another Clinton insult is directed at millions of Americans concerned about their safety and the economy

by Edmund Kozak | Updated 12 Oct 2016 at 11:55 AM

The Clinton clan has once again demonstrated its utter contempt for average everyday Americans.

Hillary Clinton infamously said that half of Trump’s supporters are a “deplorable” group of hateful bigots, and now her husband Bill Clinton has said that Trump supporters are “standard rednecks.”

Clinton’s use of the term was a clear dog whistle to Democrats.

Clinton made the comments during an appearance at Palm Beach State College in Belle Glade, Florida, on Tuesday. “Look, man, the other guy’s base is what I grew up in,” the former president told the crowd of Clinton supporters. “You know, I’m basically your standard redneck.”

The word redneck has obvious negative connotations, especially when bandied about by liberals, and Clinton’s use of the term was a clear dog whistle to Democrats. Trump’s base, Clinton is saying, is a bunch of ignorant, white racists.

As despicable as they may be, Clinton’s comments are by no means surprising. The Clinton camp has campaigned largely on dismissing and demonizing Trump and his supporters as bigots.

Unfortunately, while Clinton’s redneck remarks may be politically convenient in the short term, they are in the long term divisive and dangerous. Race relations are worse than they’ve been in decades and society is so polarized politically that it often seems as if there are two entirely separate Americas trying to occupy the same country.

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These wounds will continue to fester, and true bipartisanship will continue to be little more than a pipe dream, as long as liberals and progressives continue to portray all opposition to their ideological agenda as manifestations of ignorance and hate. So much for “stronger together.”

Inside The White Vote: Ethnic Germans And Italians Love Trump, Poll Finds

Pundits often talk about the “white vote,” but it’s more complicated than that. Voters who say they have German or Italian heritage lean most heavily to Trump and the GOP, a poll run for BuzzFeed News reveals.

Story 2:  Trump Apology For Boys Being Bad Bus Boys Video —  Big Lie Media Feeding Frenzy — Videos –

Image result for cartoon donald j. trump lewd comments october 7, 2016

Image result for donald trump lewd video photo bush soap opera

Image result for cartoon donald j. trump apologes for lewd comment october 7, 2016

Donald Trump posts apology video after October 7 release of his lewd comments about women

Trump recorded lewd conversation about women Donald Trump & Billy Bush’s Conversation About Women

Trump Issues Statement About Vulgar Comments Caught on Hot Mic in 2005

JUSTICE w / Judge Jeanine Pirro 10/8/16 Donald Trump Recording

Will Tape of Trump’s Lewd Remarks About Women Cost Him the Race? (With All Due Respect – 10/07/16)

Can You Trust The Press?

Part 1 – Anti-Trump attack ads by Hillary Clinton aired in September 2016

Part 2 – Anti-Trump attack ads by Hillary Clinton aired in September 2016

300: Making America Great Again [Donald Trump Parody]

TRUMP, BEFORE DEBATE, APPEARS WITH BILL CLINTON’S ACCUSERS


Donald Trump, on the defensive since a video came out depicting him using vulgar language about women and seeming to condone sexual assault, held a pre-debate appearance Sunday with women who accused Bill Clinton of rape and unwanted sexual advances.

Trump has telegraphed for days that he was going to make the accusations against the former president a part of his White House campaign. It was a strategy he raised in his taped apology, posted hours after Friday’s leak of the video from 2005 that has rocked his campaign and caused dozens of Republican lawmakers to abandon their support of his candidacy.

Trump refused to take questions when he appeared with Paula Jones, Juanita Broaddrick and Kathleen Willey at the St. Louis hotel where he was preparing for the debate with Democrat Hillary Clinton. The meeting was posted on his Facebook page. The four women also were invited by Trump to watch the debate inside the debate hall.

“Mr. Trump may have said some bad words, but Bill Clinton raped me and Hillary Clinton threatened me,” Broaddrick said. “I don’t think there’s any comparison.”

Broaddrick, a former Arkansas nursing home administrator, first claimed 17 years ago that Bill Clinton raped her during a meeting in Little Rock in 1978. She sued Bill Clinton in 1999; the case was dismissed in 2001. A Twitter account that claimed to be that of Broaddrick revived the allegations on Saturday and was retweeted by Trump. Bill Clinton has long denied her account.

Jones, a former Arkansas state worker, alleged in 1991 that Bill Clinton propositioned and exposed himself to her. In 1994, she filed a sexual harassment lawsuit against him. Bill Clinton’s lawyers tried to have the suit dismissed. In November 1998, he paid Jones $850,000 to settle the case without apologizing or acknowledging culpability.

“I think they should all look at the fact that (Trump) is a good person,” Jones said. “He’s not what other people have been saying he’s been, like Hillary. He’s going to make America great again.”

Willey, a former White House volunteer, is using a website to again accuse Bill Clinton of forcing himself on her in 1993. He denied her charge and an independent prosecutor later concluded there was no evidence to doubt that denial.

Kathy Shelton, a fourth woman who appeared with Trump at the hotel conference room, was an Arkansas sexual assault victim whose assailant was defended by Hillary Clinton.

In 1975, at age 12, Shelton was sexually assaulted in northwest Arkansas. Clinton was asked by a judge overseeing the case to represent Shelton’s alleged attacker. After the prosecution lost key evidence, Clinton’s client entered a plea to a lesser charge. In an interview a decade later, Clinton expressed horror at the crime, but was recorded on tape laughing about procedural details of the case. The audio has been seized on by conservative groups looking to attack Clinton’s presidential candidacy.

On Friday, The Washington Post and NBC released a video of Trump, unaware he was on a hot microphone, suggesting that he forced himself on women to “grab them by the p—-” and that “when you’re a star, they let you do it. You can do anything.”

The comments have prompted a number of prominent Republicans to un-endorse the celebrity businessman.

http://hosted.ap.org/dynamic/stories/U/US_CAMPAIGN_2016_DEBATE_TRUMP?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2016-10-09-22-07-58

Trump recorded having extremely lewd conversation about women in 2005

October 8 at 12:44 AM
Donald Trump bragged in vulgar terms about kissing, groping and trying to have sex with women during a 2005 conversation caught on a hot microphone, saying that “when you’re a star, they let you do it,” according to a video obtained by The Washington Post.

The video captures Trump talking with Billy Bush, then of “Access Hollywood,” on a bus with the show’s name written across the side. They were arriving on the set of “Days of Our Lives” to tape a segment about Trump’s cameo on the soap opera.

Late Friday night, following sharp criticism by Republican leaders, Trump issued a short video statement saying, “I said it, I was wrong, and I apologize.” But he also called the revelation “a distraction from the issues we are facing today.” He said that his “foolish” words are much different than the words and actions of Bill Clinton, whom he accused of abusing women, and Hillary Clinton, whom he accused of having “bullied, attacked, shamed and intimidated his victims.”

“I’ve never said I’m a perfect person, nor pretended to be someone that I’m not. I’ve said and done things I regret, and the words released today on this more than a decade-old video are one of them. Anyone who knows me knows these words don’t reflect who I am,” Trump said.

In an apparent response to Republican critics asking him to drop out of the race, he said: “We will discuss this more in the coming days. See you at the debate on Sunday.”

Donald Trump releases statement about vulgar 2005 recording

Republican presidential nominee Donald Trump released a video statement saying comments from a 2005 video in which he bragged about groping women emerged “don’t reflect” who he is. (Donald J. Trump)

The tape includes audio of Bush and Trump talking inside the bus, as well as audio and video once they emerge from it to begin shooting the segment.

In that audio, Trump discusses a failed attempt to seduce a woman, whose full name is not given in the video.

“I moved on her, and I failed. I’ll admit it,” Trump is heard saying. It was unclear when the events he was describing took place. The tape was recorded several months after he married his third wife, Melania.

“Whoa,” another voice said.

“I did try and f— her. She was married,” Trump says.

Trump continues: “And I moved on her very heavily. In fact, I took her out furniture shopping. She wanted to get some furniture. I said, ‘I’ll show you where they have some nice furniture.’”

“I moved on her like a bitch, but I couldn’t get there. And she was married,” Trump says. “Then all of a sudden I see her, she’s now got the big phony tits and everything. She’s totally changed her look.”

At that point in the audio, Trump and Bush appear to notice Arianne Zucker, the actress who is waiting to escort them into the soap-opera set.

“Your girl’s hot as s—, in the purple,” says Bush, who’s now a co-host of NBC’s “Today” show.

“Whoa!” Trump says. “Whoa!”

“I’ve got to use some Tic Tacs, just in case I start kissing her,” Trump says. “You know I’m automatically attracted to beautiful — I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait.”

“And when you’re a star, they let you do it,” Trump says. “You can do anything.”

“Whatever you want,” says another voice, apparently Bush’s.

“Grab them by the p—y,” Trump says. “You can do anything.”

A spokeswoman for NBC Universal, which produces and distributes “Access Hollywood,” declined to comment.

“This was locker-room banter, a private conversation that took place many years ago. Bill Clinton has said far worse to me on the golf course — not even close,” Trump said in a statement. “I apologize if anyone was offended.”

Billy Bush, in a statement released by NBC Universal, said: “Obviously I’m embarrassed and ashamed. It’s no excuse, but this happened eleven years ago — I was younger, less mature, and acted foolishly in playing along. I’m very sorry.”

After the video appeared online Friday afternoon, Democratic nominee Hillary Clinton wrote on Twitter: “This is horrific. We cannot allow this man to become president.” Her running mate, Sen. Tim Kaine (Va.), told reporters, “It makes me sick to my stomach,” while campaigning in Las Vegas.

Planned Parenthood Action Fund, which has endorsed Clinton, issued a statement from Executive Vice President Dawn Laguens saying: “What Trump described in these tapes amounts to sexual assault.”

Trump was also criticized by members of his own party. House Speaker Paul D. Ryan, who said he is “sickened” by Trump’s comments, said the Republican presidential candidate will no longer appear with him at a campaign event in Wisconsin on Saturday.

“Women are to be championed and revered, not objectified. I hope Mr. Trump treats this situation with the seriousness it deserves and works to demonstrate to the country that he has greater respect for women than this clip suggests,” Ryan said in a statement.

In a short statement issued moments after Ryan’s, Trump said his running mate, Indiana Gov. Mike Pence, “will be representing me” at the Wisconsin event.

Sen. Kelly Ayotte (N.H.), who is running for reelection and has said she will vote for Trump, called his comments “totally inappropriate and offensive.”

Republican National Committee Chairman Reince Priebus, who has stood by Trump uncritically through numerous controversies, said in a statement: “No woman should ever be described in these terms or talked about in this manner. Ever.”

Former presidential candidate Mitt Romney, a Trump critic, said in a statement: “Hitting on married women? Condoning assault? Such vile degradations demean our wives and daughters and corrupt America’s face to the world.”

Senate Majority Leader Mitch McConnell (R-Ky.) said the comments are “repugnant, and unacceptable in any circumstance” and made clear Trump’s brief statement would not suffice.

“As the father of three daughters, I strongly believe that Trump needs to apologize directly to women and girls everywhere, and take full responsibility for the utter lack of respect for women shown in his comments on that tape,” he said late Friday.

One of Trump’s most prominent social-conservative supporters, Tony Perkins of the Family Research Council, told BuzzFeed’s Rosie Gray: “My personal support for Donald Trump has never been based upon shared values.”

Trump’s running mate, Pence, was at a diner in Toledo when the news broke — about to view the diner’s collection of signed cardboard hot-dog buns, which includes one signed by Trump. But the reporters traveling with Pence were quickly ushered out of the diner by campaign staff, before they could ask Trump’s running mate about it, according to Politico. Politico reported that the journalists, traveling in Pence’s “protective pool,” were not permitted to film Pence as he left the diner.

The tape appears at a time when Trump, the Republican presidential nominee, has sought to make a campaign issue out of his opponent’s marriage. Trump has criticized former president Bill Clinton for his past infidelity and criticized opponent Hillary Clinton as her husband’s “enabler.”

“Hillary Clinton was married to the single greatest abuser of women in the history of politics,” Trump told the New York Times in a recent interview. “Hillary was an enabler, and she attacked the women who Bill Clinton mistreated afterward. I think it’s a serious problem for them, and it’s something that I’m considering talking about more in the near future.”

Trump carried on a very public affair with Marla Maples — his eventual second wife — while still married to first wife Ivana Trump.

Trump has been criticized in this campaign for derogatory and lewd comments about women, including some made on TV and live radio. In an interview Wednesday with KSNV, a Las Vegas television station, Trump said that those comments were made for entertainment.

“A lot of that was done for the purpose of entertainment. There’s nobody that has more respect for women than I do,” he told the station.

“Are you trying to tone it down now?” asked the interviewer, Jim Snyder.

“It’s not a question of trying, it’s very easy,” Trump said.

The tape obtained by The Post seems to have captured Trump in a private moment, with no audience beyond Bush and a few others on the bus. It appears to have been shot around Sept. 16, 2005, which was the day media reports said Trump would tape his soap-opera cameo.

The video shows the bus carrying Trump and Bush turning down a street on the studio back lot. The two men cannot be seen.

“Oh, nice legs, huh?” Trump says.

“Oof, get out of the way, honey,” Bush says, apparently referencing somebody else blocking the view of Zucker.

The two men then exit the bus and greet Zucker.

“We’re ready, let’s go,” Trump says, after the initial greetings. “Make me a soap star.”

“How about a little hug for the Donald?” Bush says. “He just got off the bus.”

“Would you like a little hug, darling?” Zucker says.

“Absolutely,” Trump says. As they embrace, and air-kiss, Trump says, “Melania said this was okay.”

The video then follows Trump, Bush and Zucker into the studio. Trump did appear on “Days of Our Lives” in late October. In a tape of that cameo posted online, Zucker’s character asks Trump — playing himself — for a job at his business, and tells him suggestively, “I think you’ll find I’m a very willing employee. Working under you, I think, could be mutually beneficial.”

Trump’s character gives her the brushoff.

“That’s an interesting proposition,” Trump says on-screen. “I’ll get back to you.”

A publicist for Zucker did not immediately respond to questions on Friday afternoon.

https://www.washingtonpost.com/politics/trump-recorded-having-extremely-lewd-conversation-about-women-in-2005/2016/10/07/3b9ce776-8cb4-11e6-bf8a-3d26847eeed4_story.html

Story 3: Guilty As Sin — Hillary Clinton — Verdict Announced On Election Day —  Videos

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Should Trump avoid doubling down on Clinton’s scandals?

20191004 – Fox and Friends – Ed Klein – “Guilty as Sin” (Clinton Corruption)

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Edward Klein – Unlikeable: The Problem with Hillary

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The REAL Hillary Clinton – A must see and share!

EX-INTERN DROPS BOMBSHELL, REVEALS WHAT BILL KEEPS ON TOP FLOOR OF CLINTON LIBRARY

Hillary Clinton: A Career Criminal

Does Citizens United Protect Your Freedom of Speech? – Learn Liberty

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Super PACS Debate: Money in Politics Still Overregulated- Intelligence Squared U.S.

CHARLIE RICH Behind Closed Doors

Story 4: Back To The Issues The American People Care About? The Economy, Jobs/Unemployment, Federal Budget Deficits/National Debt, Affordable Health Care Insurance, Social Security,  National Security, Terrorism, Illegal Alien Invasion of United States, Education, Abortion, Crime/Violence, Wages, Inflation and Taxes! 

Trend: What do you think is the most important problem facing this country today? (open-ended) Percentage mentioning economic issues

Trend: What do you think is the most important problem facing this country today? (open-ended)

http://www.gallup.com/poll/1675/most-important-problem.aspx

Top 10 Problems America Has Struggled With For a Century — TopTenzNet

Election Issues Of 2016: The Economy – Newsy

Election Issues Of 2016: Immigration – Newsy

What are the key election issues for Millennials?

The 2016 Election Issues

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The Pronk Pops Show 358, October 28, 2014, Story 1: Black Chicago Activists Attack Democratic Party, Black Leadership and Barack Obama — The Real Oppressors Are The Democrats — They Are Pushing a Neoliberal Agenda Not A Black Agenda — Emancipation Proclamation — I Have A Dream — “I’ve Been To The Mountaintop” — The Democrats Wipe Out Elections of 2014 — Videos

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Story 1: Black Chicago Activists Attack Democratic Party, Black Leadership and Barack Obama — The Real Oppressors Are The Democrats — They Are Pushing a Neoliberal Agenda Not A Black Agenda — Emancipation Proclamation — I Have A Dream — “I’ve Been To The Mountaintop” — The Democrats Wipe Out Elections of 2014 — Videos

Chicago Activists Unchained, Destroy Black Leadership

http://www.RebelPundit.com Chicago activists Paul McKinley, Mark Carter, Joseph Watkins and Harold “Noonie” Ward recently went on the record with RebelPundit to deliver a message to black communities across the country.

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RUSH: 2014 Midterms Is Gonna Be A ‘WAVE’ Election Like 2010

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Wipeout of the Year Award Nominees • 2014 Billabong XXL Big Wave Awards

Economic, Political Discontent Make for a Midterm Double Punch

By Gary Langer

Oct 28, 2014 7:00am

A double punch of economic and political dissatisfaction marks public attitudes in the closing week of the 2014 midterm campaign – a dynamic that reflects poorly on the president’s performance, bolstering his Republican opponents.

The discontent in the latest ABC News/Washington Post poll is palpable. Despite its fitful gains, seven in 10 Americans rate the nation’s economy negatively and just 28 percent say it’s getting better. In a now-customary result, 68 percent say the country’s seriously off on the wrong track.

See PDF with full results, charts and tables here

5 Questions About the Midterm Elections Answered

There’s no respite politically. Six in 10 express little or no trust in the federal government to do what’s right. Fifty-three percent think its ability to deal with the country’s problems has worsened in the last few years; among likely voters that rises to 63 percent.

Views of the president’s performance suffer in kind. Barack Obama’s job approval rating, 43 percent overall, is virtually unchanged from his career-low 40 percent two weeks ago. A steady 51 percent disapprove, essentially the same all year. His ratings on the economy – still the country’s prime concern, albeit one of many – are similarly weak, a 10-point net negative score.

These elements appear poised to depress voting by dispirited Democrats, tipping the scale to customarily higher-turnout Republicans. Disapproval of Obama reaches 56 percent among likely voters, and three in 10 say they’ll show up at the polls to express opposition to him – twice as many as say they’ll vote to show him support.

The result is a 50-44 percent Republican advantage among likely voters in preference for U.S. House seats in this poll, produced for ABC by Langer Research Associates. That compares with a +3-point Democratic tally among all registered voters, showing how differential turnout shifts the balance.

EXPECTATIONS and DISAFFECTION

Other results may be equally cheering to the GOP.  While the unpredictable nature of key Senate races makes it premature to be measuring for drapes in leadership offices, Americans by 13 points, 46-33 percent, expect the Republicans to win control. By nine points, 32-24 percent, more also call a good rather than a bad thing.

Four in 10, though, say who’s in control won’t make much difference – one sign of the more general public annoyance any incoming leaders are likely to face.

Disaffection may impact participation, as well. Just 68 percent of registered voters say they’re closely following the midterms, well down from 76 percent at about this time in 2010 and 80 percent in 2006. The share saying they’re certain to vote (or already voted), 65 percent, likewise is down, from 71 percent in 2010 and 76 percent in 2006. Actual turnout is lower still.

There’s another turn-off for prospective voters: the tone of the midterm campaigns. Americans by 2-1, 50 vs. 26 percent say the candidates in their congressional district have been mainly attacking each other rather than discussing the issues. The remaining quarter has no opinion, suggesting they’ve just tuned it all out.

When not firing salvos, campaigns have been working the phones: About one in four likely voters, 27 percent, say they’ve been personally contacted by an individual or organization working to support a House or Senate candidate. About equal numbers say they’ve been contacted on behalf of Republican vs. Democratic candidates; most by far have been contacted by both. No partisan advantage is apparent, suggesting a stalemate, at least overall, in this element of political trench warfare.

OBAMA

Midterms often are seen as referendums on the president, especially given the customary six-year itch. So it is with Obama: This year on average has been his worst in overall job approval since he took office, and it’s the first year a majority has disapproved.

Among groups, 2014 marks the first year Obama has averaged less-than-majority approval among moderates (48 percent this year so far), as well as approval only in the 30s among independents (37 percent on average). He’s averaged 33 percent approval among whites and 65 percent among nonwhites in 2014 – a vast difference, but both annual lows since he took office.

Obama’s troubles help explain another result – a 42-37 percent edge among likely voters for the Republican Party over the Democrats to handle the country’s main problems. Even among all adults, there’s just a 2-point gap between the parties on this question.

VOTING GROUPS

The results in congressional vote preference include notable divisions among groups. While Democratic candidates are a scant +5 among women, that turns to a 17-point Republican lead among men. Republican candidates likewise lead by a hefty 17 points among political independents. And while Democrats are +12 points among moderates, the GOP comes back with a vast 61-point advantage among conservatives, who rival moderates in their share of likely voters.

The Democrats have a typical lead among nonwhites, but they often also look to college-educated white women as key supporters. This year they’re only running evenly in that group, while losing 66 percent of white men and 57 percent of white women who lack a college degree.

Attitudinal groups also mark the GOP advantage. Democratic candidates lead by 71-24 percent among those who say the government’s ability to deal with problems has held steady or improved in recent years – but Republicans have nearly as large an advantage among those who say this has worsened, and there are far more of them. Republican candidates lead broadly, as well, among those who rate economic conditions negatively – again, the predominant group.

For all this, another result points to a lost opportunity for the Democrats. Seventy-one percent of all adults in this survey, and two-thirds of likely voters, think the U.S. economic system favors the wealthy rather than treating most people fairly. And likely voters who see a systemic bias for the wealthy prefer Democratic candidates over Republicans by a 20-point margin.

The tide turns because the minority who thinks the system is fair favors Republican candidates far more broadly – by 47 points, 72-25 percent. It’s an issue on which Democrats may find room to push back – if not this year, then in the presidential election two years off.

METHODOLOGY

This ABC News/Washington Post poll was conducted by telephone Oct. 23-26, 2014, in English and Spanish, among a random national sample of 1,204 adults, including 1,032 registered voters and 758 likely voters, including landline and cell-phone-only respondents. Results have a margin of sampling error of 3.0, 3.5 and 4.0 points for the general population, registered voters and likely voters, respectively, including the design effect.

Partisan divisions in this survey, Democrats-Republicans-independents, are 32-24-36 percent among the general population, 35-26-33 percent among registered voters and 33-30-31 percent among likely voters.

ap voting mt 141027 16x9 608 Economic, Political Discontent Make for a Midterm Double Punch

Kent D. Johnson/Atlanta Journal-Constitution/AP Photo

The survey was produced for ABC News by Langer Research Associates of New York, N.Y., with sampling, data collection and tabulation by Abt-SRBI of New York, N.Y.

http://abcnews.go.com/blogs/politics/2014/10/economic-political-discontent-make-for-a-midterm-double-punch/

 

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The Pronk Pops Show 250, April 25, 2014, Story 1: 1000 Days and Counting Until Obama Out of Office — Outcome and Results Count — Obama A Failure — Videos

Posted on April 25, 2014. Filed under: American History, Banking System, Blogroll, Budgetary Policy, Business, Communications, Constitutional Law, Economics, Education, Employment, Federal Government, Fiscal Policy, Government, Government Dependency, Government Spending, History, Illegal Immigration, Immigration, Law, Philosophy, Photos, Politics, Public Sector Unions, Success, Tax Policy, Taxes, Technology, Unemployment, Unions, Videos, Violence, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Story 1: 1000 Days and Counting Until Obama Out of Office — Outcome and Results Count — Obama A Failure — Videos

Time Until Obama Out of Office

“Any society that puts equality before freedom will end up with neither equality or freedom.”

“A society that puts freedom first will as a happy by-product  end up both with greater freedom and greater equality.”

~Milton Friedman

“The road to hell is paved with good intentions.”

“Hell is full of good meanings, but heaven is full of good works.

Tower of Power – Taxed To The Max

Obama: Income Inequality a Defining Challenge

Obama: We Need “Government Action” To Reduce Income Inequality

Milton Friedman – Equality and Freedom

Milton Friedman – Redistribution of Wealth

Responsibility to the Poor

Milton Friedman – Collectivism

Milton Friedman – Socialism is Force

Milton Friedman – The Escape From Collectivism

Milton Friedman – What is America? (Lecture)

Milton Friedman on his Ideal Society

AYN RAND PREDICTS OBAMAS END TO THE REPUBLIC

 

The Forgotten Man

by William Graham Sumner

Responding to an invitation from Harper’s Weekly the previous fall, Sumner drafted eleven short essays during January 1883 for a series on the relations of workers and employers, each being about 2,000 words in length for which be was paid $50 apiece. After appearing in serial form through the early spring, they were collected as What Social Classes Owe to Each Other (New York, 1883). An expanded version of two of the essays of which he was especially proud, this address was given before audiences in Brooklyn and New Haven on January 30 and February 8 or 9, 1883, and were reprinted in Forgotten Man, ed. Albert Galloway Keller, pp. 465-495.

I propose in this lecture to discuss one of the most subtile and widespread social fallacies. It consists in the impression made on the mind for the time being by a particular fact, or by the interests of a particular group of persons, to which attention is directed while other facts or the interests of other persons are entirely left out of account. I shall give a number of instances and illustrations of this in a moment, and I cannot expect you to understand what is meant from an abstract statement until these illustrations are before you, but just by way of a general illustration I will put one or two cases.

Whenever a pestilence like yellow fever breaks out in any city, our attention is especially attracted towards it, and our sympathies are excited for the sufferers. If contributions are called for, we readily respond. Yet the number of persons who die prematurely from consumption every year greatly exceeds the deaths from yellow fever or any similar disease when it occurs, and the suffering entailed by consumption is very muchgreater. The suflering from consumption, however, never constitutes a public question or a subject of social discussion. If an inundation takes place anywhere, constituting a public calamity (and an inundation takes place somewhere in the civilized world nearly every year), public attention is attracted and public appeals are made, but the losses by great inundations must be insignificant compared with the losses by runaway horses, which, taken separately, scarcely obtain mention in a local newspaper. In hard times insolvent debtors are a large class. They constitute an interest and are able to attract public attention, so that social philosophers discuss their troubles and legislatures plan measures of relief.

Insolvent debtors, however, are an insignificant body compared with the victims of commonplace misfortune, or accident, who are isolated, scattered, ungrouped and ungeneralized, and so are never made the object of discussion or relief. In seasons of ordinary prosperity, persons who become insolvent have to get out of their troubles as they can. They have no hope of relief from the legislature. The number of insolvents during a series of years of general prosperity, and their losses, greatly exceed the number and losses during a special period of distress.

These illustrations bring out only one side of my subject, and that only partially. It is when we come to the proposed measures of relief for the evils which have caught public attention that we reach the real subject which deserves our attention. As soon as A observes something which seems to him to be wrong, from which X is suffering, A talks it over with B, and A and B then propose to get a law passed to remedy the evil and help X. Their law always proposes to determine what C shall do for X or, in the better case, what A, B and C shall do for X. As for A and B, who get a law to make themselves do for X what they are willing to do for him, we have nothing to say except that they might better have done it without any law, but what I want to do is to look up C. I want to show you what manner of man he is. I call him the Forgotten Man. Perhaps the appellation is not strictly correct. He is the man who never is thought of. He is the victim of the reformer, social speculator and philanthropist, and I hope to show you before I get through that he deserves your notice both for his character and for the many burdens which are laid upon him.

No doubt one great reason for the phenomenon which I bring to your attention is the passion for reflection and generalization which marks our period. Since the printing press has come into such wide use, we have all been encouraged to philosophize about things in a way which was unknown to our ancestors. They lived their lives out in positive contact with actual cases as they arose. They had little of this analysis, introspection, reflection and speculation which have passed into a habit and almost into a disease with us. Of all things which tempt to generalization and to philosophizing, social topics stand foremost. Each one of us gets some experience of social forces. Each one has some chance for observation of social phenomena. There is certainly no domain in which generalization is easier. There is nothing about which people dogmatize more freely. Even men of scientific training in some department in which they would not tolerate dogmatism at all will not hesitate to dogmatize in the most reckless manner about social topics. The truth is, however, that science, as yet, has won less control of social phenomena than of any other class of phenomena. The most complex and difficult subject which we now have to study is the constitution of human society, the forces which operate in it, and the laws by which they act. and we know less about these things than about any others which demand our attention. In such a state of things, over-hasty generalization is sure to be extremely mischievous. You cannot take up a magazine or newspaper without being struck by the feverish interest with which social topics and problems are discussed, and if you were a student of social science, you would find in almost all these discussions evidence,not only that the essential preparation for the discussion is wanting, but that the disputants do not even know that there is any preparation to be gained. Consequently we are bewildered by contradictory dogmatizing. We find in all these discussions only the application of pet notions and the clashing of contradictory “views.” Remedies are confidently proposed for which there is no guarantee offered except that the person who prescribes the remedy says that he is sure it will work. We hear constantly of “reform,” and the reformers turn out to be people who do not like things as they are and wish that they could be made nicer. We hear a great many exhortations to make progress from people who do not know in what direction they want to go. Consequently social reform is the most barren and tiresome subject of discussion amongst us, except aesthetics.

I suppose that the first chemists seemed to be very hard-hearted and unpoetical persons when they scouted the glorious dream of the alchemists that there must be some process for turning base metals into gold. I suppose that the men who first said, in plain, cold assertion, there is no fountain of eternal youth, seemed to be the most cruel and coldhearted adversaries of human happiness. I know that the economists who say that if we could transmute lead into gold, it would certainly do us no good and might do great harm, are still regarded as unworthy of belief. Do not the money articles of the newspapers yet ring with the doctrine that we are getting rich when we give cotton and wheat for gold rather than when we give cotton and wheat for iron?

Let us put down now the cold, hard fact and look at it just as it is. There is no device whatever to be invented for securing happiness without industry, economy. and virtue. We are yet in the empirical stage as regards all our social devices. We have done something in science and art in the domain of production, transportation and exchange. But when you come to the laws of the social order, we know very little about them.

Our laws and institutions by which we attempt to regulate our lives under the laws of nature which control society are merely a series of haphazard experiments. We come into collision with the laws and are not intelligent enough to understand wherein we are mistaken and how to correct our errors. We persist in our experiments instead of patiently setting about the study of the laws and facts in order to see where we are wrong. Traditions and formulae have a dominion over us in legislation and social customs which we seem unable to break or even to modify.

For my present purpose I ask your attention for a few moments to the notion of liberty, because the Forgotten Man would no longer be forgotten where there was true liberty. You will say that you know what liberty is. There is no term of more common or prouder use. None is more current, as if it were quite beyond the need of definition. Even as I write, however, I find in a leading review a new definition of civil liberty. Civil liberty the writer declares to be “the result of the restraint exercised by the sovereign people on the more powerful individuals and classes of the community, preventing them from availing themselves of the excess of their power to the detriment of the other classes.” You notice here the use of the words “sovereign people” to designate a class of the population, not the nation as a political and civil whole. Wherever “people” is used in such a sense, there is always fallacy. Furthermore, you will recognize in this definition a very superficial and fallacious construction of English constitutional history. The writer goes on to elaborate that construction and he comes out at last with the conclusion that “a government by the people can, in no case, become a paternal government, since its law-makers are its mandataries and servants carrying out its will, and not its fathers or its masters.” This, then, is the point at which he desires to arrive, and he has followed a familiar device in setting up a definition to start with which would produce the desired deduction at the end.

In the definition the word “people” was used for a class or section of the population. It is now asserted that if that section rules, there can be no paternal, that is. undue, government. That doctrine, however, is the very opposite of liberty and contains the most vicious error possible in politics. The truth is that cupidity, selfishness, envy, malice, lust, vindictiveness, are constant vices of human nature. They are not confined to classes or to nations or particular ages of the world. They present themselves in the palace, in the parliament, in the academy, in the church, in the workshop, and in the hovel. They appear in autocracies, theocracies, aristocracies, democracies, and ochlocracies all alike. They change their masks somewhat from age to age and from one form of society to another. All history is only one long story to this effect: men have struggled for power over their fellow-men in order that they might win the joys of earth at the expense of others and might shift the burdens of life from their own shoulders upon those of others. It is true that, until this time, the proletariat, the mass of mankind, have rarely had the power and they have not made such a record as kings and nobles and priests have made of the abuses they would perpetrate against their fellow-men when they could and dared. But what folly it is to think that vice and passion are limited by classes, that liberty consists only in taking power away from nobles and priests and giving it to artisans and peasants and that these latter will never abuse it! They will abuse it just as all others have done unless they are put under checks and guarantees,and there can be no civil liberty anywhere unless rights are guaranteed against all abuses, as well from proletarians as from generals, aristocrats,and ecclesiastics.

Now what has been amiss in all the old arrangements? The evil of the old military and aristocratic governments was that some men enjoyed the fruits of other men’s labor; that some other persons’ lives, rights, interests and happiness were sacrificed to other persons’ cupidity and lust. What have our ancestors been striving for, under the name of civil liberty, for the last five hundred years? They have been striving to bring it about that each man and woman might live out his or her life according to his or her own notions of happiness and up to the measure of his or her own virtue and wisdom. How have they sought to accomplish this? They have sought to accomplish it by setting aside all arbitrary personal or class elements and introducing the reign of law and the supremacy of constitutional institutions like the jury, the habeas corpus, the independent judiciary, the separation of church and state, and the ballot. Note right here one point which will be important and valuable when I come more especially to the case of the Forgotten Man: whenever you talk of liberty, you must have two men in mind. The sphere of rights of one of these men trenches upon that of the other, and whenever you establish liberty for the one, you repress the other. Whenever absolute sovereigns are subjected to constitutional restraints, you always hear them remonstrate that their liberty is curtailed. So it is, in the sense that their power of determining what shall be done in the state is limited below what it was before and the similar power of other organs in the state is widened. Whenever the privileges of an aristocracy are curtailed, there is heard a similar complaint. The truth is that the line of limit or demarcation between classes as regards civil power has been moved and what has been taken from one class is given to another.

We may now, then, advance a step in our conception of civil liberty. It is the status in which we find the true adjustment of rights between classes and individuals. Historically, the conception of civil liberty has been constantly changing. The notion of rights changes from one generation to another and the conception of civil liberty changes with it. If we try to formulate a true definition of civil liberty as an ideal thing towards which the development of political institutions is all the time tending, it would be this: Civil liberty is the status of the man who is guaranteed by law and civil institutions the exclusive employment of all his own powers for his own welfare.

This definition of liberty or civil liberty, you see, deals only with concrete and actual relations of the civil order. There is some sort of a poetical and metaphysical notion of liberty afloat in men’s minds which some people dream about which nobody can define. In popular language it means that a man may do as he has a mind to. When people get this notion of liberty into their heads and combine with it the notion that they live in a free country and ought to have liberty, they sometimes make strange demands upon the state. If liberty means to be able to do as you have a mind to, there is no such thing in this world. Can the Czar of Russia do as he has a mind to? Can the Pope do as he has a mind to? Can the President of the United States do as he has a mind to? Can Rothschild do as he has a mind to? Could a Humboldt or a Faraday do as he had a mind to? Could a Shakespeare or a Raphael do as he had a mind to? Can a tramp do as he has a mind to? Where is the man, whatever his station, possessions, or talents, who can get any such liberty? There is none. There is a doctrine floating about in our literature that we are born to the inheritance of certain rights. That is another glorious dream, for it would mean that there was something in this world which we got for nothing. But what is the truth? We are born into no right whatever but what has an equivalent and corresponding duty right alongside of it. There is no such thing on this earth as something for nothing. Whatever we inherit of wealth, knowledge, or institutions from the past has been paid for by the labor and sacrifice of preceding generations; and the fact that these gains are carried on, that the race lives and that the race can, at least within some cycle, accumulate its gains, is one of the facts on which civilization rests. The law of the conservation of energy is not simply a law of physics; it is a law of the whole moral universe, and the order and truth of all things conceivable by man depends upon it. If there were any such liberty as that of doing as you have a mind to, the human race would be condemned to everlasting anarchy and wars these erratic wills crossed and clashed against each other. True liberty lies in the equilibrium of rights and duties, producing peace, order, and harmony. As I have defined it, it means that a man’s right to take power and wealth out of the social product is measured by the energy and wisdom which he has contributed to the social effort.

Now if I have set this idea before you with any distinctness and success, you see that civil liberty consists of a set of civil institutions and laws which are arranged to act as impersonally as possible. It does not consist in majority rule or in universal suffrage or in elective systems at all. These are devices which are good or better just in the degree in which they secure liberty. The institutions of civil liberty leave each man to run his career in life in his own way, only guaranteeing to him that whatever he does in the way of industry, economy, prudence, sound judgment, etc., shall redound to his own welfare and shall not be diverted to some one else’s benefit. Of course it is a necessary corollary that each man shall also bear the penalty of his own vices and his own mistakes. If I want to be free from any other man’s dictation, I must understand that I can have no other man under my control.

Now with these definitions and general conceptions in mind, let us turn to the special class of facts to which, as I said at the outset, I invite your attention. We see that under a regime of liberty and equality before that law, we get the highest possible development of independence, self-reliance, individual energy, and enterprise, but we get these high social virtues at the expense of old sentimental ties which used to unite baron and retainer. master and servant, sage and disciple, comrade and comrade. We are agreed that the son shall not be disgraced even by the crime of the father, much less by the crime of a more distant relative. It is a humane and rational view of things that each life shall stand for itself alone and not be weighted by the faults of another, but it is useless to deny that this view of things is possible only in a society where the ties of kinship have lost nearly all the intensity of poetry and romance which once characterized them. The ties of sentiment and sympathy also have faded out. We have come, under the regime of liberty and equality before the law, to a form of society which is based not on status, but on free contract. Now a society based on status is one in which classes, ranks,interests, industries, guilds, associations, etc., hold men in permanent relations to each other. Custom and prescription create, under status, ties, the strength of which lies in sentiment. Feeble remains of this may be seen in some of our academical societies to-day, and it is unquestionably a great privilege and advantage for any man in our society to will an experience of the sentiments which belong to a strong and close association, just because the chances for such experience are nowadays very rare. In a society based on free contract, men come together as free and independent parties to an agreement which is of mutual advantage. The relation is rational, even rationalistic. It is not poetical. It does not exist from use and custom, but for reasons given, and it does not endure by prescription but ceases when the reason for it ceases. There is no sentiment in it at all. The fact is that, under the regime of liberty and equality before the law, there is no place for sentiment in trade or politics as public interests. Sentiment is thrown back into private life, into personal relations, and if ever it comes into a public discussion of an impersonal and general public question it always produces mischief.

Now you know that “the poor and the weak” are continually put forward as objects of public interest and public obligation. In the appeals which are made, the terms “the poor” and “the weak” are used as if they were terms of exact definition. Except the pauper, that is to say, the man who cannot earn his living or pay his way, there is no possible definition of a poor man. Except a man who is incapacitated by vice or by physical infirmity, there is no definition of a weak man. The paupers and the physically incapacitated are an inevitable charge on society. About them no more need be said. But the weak who constantly arouse the pity of humanitarians and philanthropists are the shiftless, the imprudent, the negligent, the impractical, and the inefficient, or they are the idle, the intemperate, the extravagant, and the vicious. Now the troubles of these persons are constantly forced upon public attention, as if they and their interests deserved especial consideration, and a great portion of all organized and unorganized effort for the common welfare consists in attempts to relieve these classes of people. I do not wish to be understood now as saying that nothing ought to be done for these people by those who are stronger and wiser. That is not my point. What I want to do is to point out the thing which is overlooked and the error which is made ill all these charitable efforts. The notion is accepted as if it were not open to any question that if you help the inefficient and vicious you may gain something for society or you may not, but that you lose nothing. This is a complete mistake. Whatever capital you divert to the support of a shiftless and good-for-nothing person is so much diverted from some other employment, and that means from somebody else. I would spend any conceivable amount of zeal and eloquence if I possessed it to try to make people grasp this idea. Capital is force. If it goes one way it cannot go another. If you give a loaf to a pauper you cannot give the same loaf to a laborer. Now this other man who would have got it but for the charitable sentiment which bestowed it on a worthless member of society is the Forgotten Man. The philanthropists and humanitarians have their minds all full of the wretched and miserable whose case appeals to compassion, attacks the sympathies, takes possession of the imagination, and excites the emotions. They push on towards the quickest and easiest remedies and they forget the real victim.

Now who is the Forgotten Man? He is the simple, honest laborer, ready to earn his living by productive work. We pass him by because he is independent, self-supporting, and asks no favors. He does not appeal to the emotions or excite the sentiments. He only wants to make a contract and fulfill it, with respect on both sides and favor on neither side. He must get his living out of the capital of the country. The larger the capital is, the better living he can get. Every particle of capital which is wasted on the vicious, the idle, and the shiftless is so much taken from the capital available to reward the independent and productive laborer. But we stand with our backs to the independent and productive laborer all the time. We do not remember him because he makes no clamor; but I appeal to you whether he is not the man who ought to be remembered first of all, and whether, on any sound social theory, we ought not to protect him against the burdens of the goodfornothing. In these last years I have read hundreds of articles and heard scores of sermons ands peeches which were really glorifications of the good-for-nothing, as if these were the charge of society, recommended by right reason to it scare and protection, We are addressed all the time as if those who are respectable were to blame because some are not so, and as if there were an obligation on the part of those who have done their duty towards those who have not done their duty. Every man is bound to take care of himself and his family and to do his share in the work of society. It is totally false that one who has done so is bound to bear the care and charge of those who are wretched because they have not done so. The silly popular notion is that the beggars live at the expense of the rich, but the truth is that those who eat and produce not, live at the expense of those who labor and produce. The next time that you are tempted to subscribe a dollar to a charity, I do not tell you not to do it, because after you have fairly considered the matter, you may think it right to do it, but I do ask you to stop and remember the Forgotten Man and understand that if you put your dollar in the savings bank it will go to swell the capital of the country which is available for division amongst those who, while they earn it, will reproduce it with increase.

Let us now go on to another class of cases. There are a great many schemes brought forward for “improving the condition of the working classes.” I have shown already that a free man cannot take a favor. One who takes a favor or submits to patronage demeans himself. He falls under obligation. He cannot be free and he cannot assert a station of equality with the man who confers the favor on him. The only exception is where there are exceptional bonds of affection or friendship, that is, where the sentimental relation supersedes the free relation. Therefore, in a country which is a free democracy, all propositions to do something for the working classes have an air of patronage and superiority which is impertinent and out of place. No one can do anything for anybody else unless he has a surplus of energy to dispose of after taking care of himself. In the United States, the working classes, technically so called, are the strongest classes. It is they who have a surplus to dispose of if anybody has. Why should anybody else offer to take care of them or to serve them? They can get whatever they think worth having and, at any rate, if they are free men in a free state, it is ignominious and unbecoming to introduce fashions of patronage and favoritism here. A man who, by superior education and experience of business, is in a position to advise a struggling man of the wages class, is certainly held to do so and will, I believe, always be willing and glad to do so; but this sort of activity lies in the range of private and personal relations.

I now, however, desire to direct attention to the public, general, and impersonal schemes, and I point out the fact that, if you undertake to lift anybody, you must have a fulcrum or point of resistance. All the elevation you give to one must be gained by an equivalent depression on some one else. The question of gain to society depends upon the balance of the account, as regards the position of the persons who undergo the respective operations. But nearly all the schemes for “improving the condition of the working man” involve an elevation of some working men at the expense of other working men. When you expend capital or labor to elevate some persons who come within the sphere of your influence, you interfere in the conditions of the competition. The advantage of some is won by an equivalent loss of others. The difference is not brought about by the energy and effort of the persons themselves. If it were, there would be nothing to be said about it, for we constantly see people surpass others in the rivalry of life and carry off the prizes which the others must do without. In the cases I am discussing, the difference is brought about by an interference which must be partial, arbitrary, accidental, controlled by favortism and personal preference. I do not say, in this case, either, that we ought to do no work of this kind. On the contrary, I believe that the arguments for it quite outweigh, in many cases, the arguments against it. What I desire, again, is to bring out the forgotten element which we always need to remember in order to make a wise decision as to any scheme of this kind. I want to call to mind the Forgotten Man, because, in this case also, if we recall him and go to look for him, we shall find him patiently and perseveringly, manfully and independently struggling against adverse circumstances without complaining or begging. If, then, we are led to heed the groaning and complaining of others and to take measures for helping these others,we shall, before we know it, push down this man who is trying to help himself.

Let us take another class of cases. So far we have said nothing about the abuse of legislation. We all seem to be under the delusion that the rich pay the taxes. Taxes are not thrown upon the consumers with any such directness and completeness as is sometimes assumed; but that, in ordinary states of the market, taxes on houses fall, for the most part, on the tenants and that taxes on commodities fall, for the most part, on the consumers, is beyond question. Now the state and municipality go to great expense to support policemen and sheriffs and judicial officers, to protect people against themselves, that is, against the results of their own folly, vice, and recklessness. Who pays for it? Undoubtedly the people who have not been guilty of folly, vice, or recklessness. Out of nothing conies nothing. We cannot collect taxes from people who produce nothing and save nothing. The people who have something to tax must be those who have produced and saved.

When you see a drunkard in the gutter, you are disgusted, but you pity him. When a policeman comes and picks him up you are satisfied.v You say that “society” has interfered to save the drunkard from perishing. Society is a fine word, and it saves us the trouble of thinking to say that society acts. The truth is that the policeman is paid by somebody,and when we talk about society we forget who it is that pays. It is the Forgotten Man again. It is the industrious workman going home from a hard day’s work, whom you pass without noticing, who is mulcted of a percentage of his day’s earnings to hire a policeman to save the drunkard from himself. All the public expenditure to prevent vice has the same effect. Vice is its own curse. If we let nature alone, she cures vice by the most frightful penalties. It may shock you to hear me say it, but when you get over the shock, it will do you good to think of it: a drunkard in the gutter is just where he ought to be. Nature is working away at him to get him out of the way, just as she sets up her processes of dissolution to remove whatever is a failure in its line. Gambling and less mentionable vices all cure themselves by the ruin and dissolution of their victims. Nine-tenths of our measures for preventing vice are really protective towards it, because they ward off the penalty. “Ward off,” I say, and that is the usual way of looking at it; but is the penalty really annihilated? By no means. It is turned into police and court expenses and spread over those who have resisted vice. It is the Forgotten Man again who has been subjected to the penalty while our minds were full of the drunkards, spendthrifts, gamblers, and other victims of dissipation. Who is, then, the Forgotten Man? He is the clean, quiet, virtuous, domestic citizen, who pays his debts and his taxes and is never heard of out of his little circle. Yet who is there in the society of a civilized state who deserves to be remembered and considered by the legislator and statesman before this man?

Another class of cases is closely connected with this last. There is an apparently invincible prejudice in people’s minds in favor of state regulation. All experience is against state regulation and in favor of liberty. The freer the civil institutions are, the more weak or mischievous state regulation is. The Prussian bureaucracy can do a score of things for the citizen which no governmental organ in the United States can do; and, conversely, if we want to be taken care of as Prussians and Frenchmen are, we must give up something of our personal liberty.

Now we have a great many well-intentioned people among us who believe that they are serving their country when they discuss plans for regulating the relations of employer and employee, or the sanitary regulations of dwellings, or the construction of factories, or the way to behave on Sunday, or what people ought not to eat or drink or smoke. All this is harmless enough and well enough as a basis of mutual encouragement and missionary enterprise, but it is almost always made a basis of legislation. The reformers want to get a majority, that is, to get the power of the state and so to make other people do what the reformers think it right and wise to do. A and B agree to spend Sunday in a certain way. They get a law passed to make C pass it in their way. They determine to be teetotallers and they get a law passed to make C be a teetotaller for the sake of D who is likely to drink too much. Factory acts for women and children are right because women and children are not on an equal footing with men and cannot, therefore, make contracts properly. Adult men, in a free state, must be left to make their own contracts and defend themselves. It will not do to say that some men are weak and unable to make contracts any better than women. Our civil institutions assume that all men are equal in political capacity and all are given equal measure of political power and right, which is not the case with women and children. If, then, we measure political rights by one theory and social responsibilities by another, we produce an immoral and vicious relation. A and B, however, get factory acts and other acts passed regulating the relation of employers and employee and set armies of commissioners and inspectors traveling about to see to things, instead of using their efforts, if any are needed, to lead the free men to make their own conditions as to what kind of factory buildings they will work in, how many hours they will work, what they will do on Sunday and so on. The consequence is that men lose the true education in freedom which is needed to support free institutions. They are taught to rely on government officers and inspectors. The whole system of government inspectors is corrupting to free institutions. In England, the liberals used always to regard state regulation with suspicion, but since they have come to power, they plainly believe that state regulation is a good thing if they regulate because, of course, they want to bring about good things. In this country each party takes turns, according as it is in or out, iii supporting or denouncing the non-interference theory.

Now, if we have state regulation, what is always forgotten is this: Who pays for it? Who is the victim of it? There always is a victim. The work-men who do not defend themselves have to pay for the inspectors who defend them. The whole system of social regulation by boards, commissioners, and inspectors consists in relieving negligent people of the consequences of their negligence and so leaving them to continue negligent without correction. That system also turns away from the agencies which are close, direct, and germane to the purpose, and seeks others. Now, if you relieve negligent people of the consequences of their negligence, you can only throw those consequences on the people who have not been negligent. If you turn away from the agencies which are direct and cognate to the purpose, you can only employ other agencies. Here, then, you have your Forgotten Man again. The man who has been careful and prudent and who wants to go on and reap his advantages for himself and his children is arrested just at that point, and he is told that he must go and take care of some negligent employees in a factory or on a railroad who have not provided precautions for themselves or have not forced their employers to provide precautions, or negligent tenants who have not taken care of their own sanitary arrangements, or negligent householders who have not provided against fire, or negligent parents who have not sent their children to school. If the Forgotten Man does not go, he must hire an inspector to go. No doubt it is often worth his while to go or send, rather than leave the thing undone, on account of his remoter interest; but what I want to show is that all this is unjust to the Forgotten Man, and that the reformers and philosophers miss the point entirely when they preach that it is his duty to do all this work. Let them preach to the negligent to learn to take care of themselves. Whenever A and B put their heads together and decide what A, B and C must do for D, there is never any pressure on A and B. They consent to it and like it. There is rarely any pressure on D because he does not like it and contrives to evade it. The pressure all comes on C. Now, who is C? He is always the man who, if let alone, would make a reasonable use of his liberty without abusing it. He would not constitute any social problem at all and would not need any regulation. He is the Forgotten Man again, and as soon as he is brought from his obscurity you see that he is just that one amongst us who is what we all ought to be.

Let us look at another case. I read again and again arguments to prove that criminals have claims and rights against society. Not long ago, I read an account of an expensive establishment for the reformation of criminals, and I am told that we ought to reform criminals, not merely punish them vindictively. When I was a young man, I read a great many novels by Eugene Sue, Victor Hugo, and other Frenchmen of the school of ’48, in which the badness of a bad man is represented, not as his fault, but as the fault of society. Now, as society consists of the bad men plus the good men, and as the object of this declaration was to show that the badness of the bad men was not the fault of the bad men, it remains that the badness of the bad men must be the fault of the good men. No doubt,it is far more consoling to the bad men than even to their friends to reach the point of this demonstration.

Let us ask, now, for a moment, what is the sense of punishment, since a good many people seem to be quite in a muddle about it. Every man in society is bound in nature and reason to contribute to the strength and welfare of society. He ought to work, to be peaceful, honest, just, and virtuous. A criminal is a man who, instead of working with and for society, turns his efforts against the common welfare in some way or other. He disturbs order, violates harmony, invades the security and happiness of others, wastes and destroys capital. If he is put to death, it is on the ground that he has forfeited all right to existence in society by the magnitude of his offenses against its welfare. If he is imprisoned, it is simply a judgment of society upon him that he is so mischievous to the society that he must be segregated from it. His punishment is a warning to him to reform himself, just exactly like the penalties inflicted by God and nature on vice. A man who has committed crime is, therefore, a burden on society and an injury to it. He is a destructive and not a productive force and everybody is worse off for his existence than if he did not exist. Whence, then, does he obtain a right to be taught or reformed at the public expense? The whole question of what to do with him is one of expediency, and it embraces the whole range of possible policies from that of execution to that of education and reformation, but when the expediency of reformatory attempts is discussed we always forget the labor and expense and who must pay. All that the state does for the criminal, beyond forcing him to earn his living, is done at the expense of the industrious member of society who never costs the state anything for correction and discipline. If a man who has gone astray can be reclaimed in any way, no one would hinder such a work, but people whose minds are full of sympathy and interest for criminals and who desire to adopt some systematic plans of reformatory efforts are only,once more, trampling on the Forgotten Man.

Let us look at another case. If there is a public office to be filled, of course a great number of persons come forward as candidates for it. Many of these persons are urged as candidates on the ground that they are badly off, or that they cannot support themselves, or that they want to earn a living while educating themselves, or that they have female relatives dependent on them, or for some other reason of a similar kind. In other cases, candidates are presented and urged on the ground of their kinship to somebody, or on account of service, it may be meritorious service, in some other line than that of the duty to be performed. Men are proposed for clerkships on the ground of service in the army twenty years ago, or for customhouse inspectors on the ground of public services in the organization of political parties. If public positions are granted on these grounds of sentiment or favoritism, the abuse is to be condemned on the ground of the harm done to the public interest; but I now desire to point out another thing which is constantly forgotten. If you give a position to A, you cannot give it to B. If A is an object of sentiment or favoritism and not a person fit and competent to fulfill the duty, who is B? He is somebody who has nothing but merit on his side, somebody who has no powerful friends, no political influence, some quiet, unobtrusive individual who has known no other way to secure the chances of life than simply to deserve them. Here we have the Forgotten Man again, and once again we find him worthy of all respect and consideration, but passed by in favor of the noisy, pushing, and incompetent. Who ever remembers that if you give a place to a man who is unfit for it you are keeping out of it somebody, somewhere, who is fit for it?

Let us take another case. A trades-union is an association of journeymen in a certain trade which has for one of its chief objects to raise wages in that trade. This object can be accomplished only by drawing more capital into the trade, or by lessening the supply of labor in it. To do the latter, the trades-unions limit the number of apprentices who may be admitted to the trade. In discussing this device, people generally fix their minds on the beneficiaries of this arrangement. It is desired by everybody that wages should be as high as they can be under the conditions of industry. Our minds are directed by the facts of the case to the men who are in the trade already and are seeking their own advantage. Sometimes people go on to notice the effects of trades-unionism on the employers, but although employers are constantly vexed by it, it is seen that they soon count it into the risks of their business and settle down to it philosophically. Sometimes people go further then and see that, if the employer adds the trades-union and strike risk to the other risks, he submits to it because he has passed it along upon the public and that the public wealth is diminished by trades-unionism, which is undoubtedly the case. I do not remember, however, that I have ever seen in print any analysis and observation of trades-unionism which takes into account its effect in another direction. The effect on employers or on the public would not raise wages. The public pays more for houses and goods, but that does not raise wages. The surplus paid by the public is pure loss, because it is only paid to cover an extra business risk of the employer. If their trades-unions raise wages, how do they do it? They do it by lessening the supply of labor in the trade, and this they do by limiting the number of apprentices. All that is won, therefore, for those in the trade, is won at the expense of those persons in the same class in life who want to get into the trade but are forbidden. Like every other monopoly, this one secures advantages for those who are in only at a greater loss to those who are kept out. Who, then, are those who are kept out and who are always forgotten in all the discussions? They are the Forgotten Men again; and what kind of men are they? They are those young men who want to earn their living by the trade in question. Since they select it, it is fair to suppose that they are fit for it, would succeed at it, and would benefit society by practicing it; but they are arbitrarily excluded from it and are perhaps pushed down into the class of unskilled laborers. When people talk of the success of a trades-union in raising wages, they forget these persons who have really, in a sense, paid the increase.

Let me now turn your attention to another class of cases. I have shown how, in times past, the history of states has been a history of selfishness, cupidity, and robbery, and I have affirmed that now and always the problems of government are how to deal with these same vices of human nature. People are always prone to believe that there is something metaphysical and sentimental about civil affairs, but there is not. Civil institutions are constructed to protect, either directly or indirectly, the property of men and the honor of women against the vices and passions of human nature. In our day and country, the problem presents new phases, but it is there just the same as it ever was, and the problem is only the more difficult for us because of its new phase which prevents us from recognizing it. In fact, our people are raving and struggling against it in a kind of blind way, not yet having come to recognize it. More than half of their blows, at present, are misdirected and fail of their object, but they will be aimed better by and by. There is a great deal of clamor about watering stocks and the power of combined capital, which is not very intelligent or well-directed. The evil and abuse which people are groping after in all these denunciations is jobbery.

By jobbery I mean the constantly apparent effort to win wealth, not by honest and independent production, but by some sort of a scheme for extorting other people’s product from them. A large part of our legislation consists in making a job for somebody. Public buildings are jobs,not always, but in most cases. The buildings are not needed at all or are costly far beyond what is useful or even decently luxurious. Internal improvements are jobs. They are carried out, not because they are needed in themselves, but because they will serve the turn of some private interest, often incidentally that of the very legislators who pass the appropriations for them. A man who wants a farm, instead of going out where there is plenty of land available for it, goes down under the Mississippi River to make a farm, and then wants his fellow-citizens to be taxed to dyke the river so as to keep it off his farm. The Californian hydraulic miners have washed the gold out of the hillsides and have washed the dirt down into the valleys to the ruin of the rivers and the farms. They want the federal government to remove this dirt at the national expense. The silver miners, finding that their product is losing value in the market, get the government to go into the market as a great buyer in the hope of sustaining the price. The national government is called upon to buy or hire unsailable ships; to dig canals which will not pay; to educate illiterates in the states which have not done their duty at the expense of the states which have done their duty as to education; to buy up telegraphs which no longer pay; and to provide the capital for enterprises of which private individuals are to win the profits. We are called upon to squander twenty millions on swamps and creeks; from twenty to sixty-six millions on the Mississippi River; one hundred millions in pensions–and there is now a demand for another hundred million beyond that. This is the great plan of all living on each other. The pensions in England used to be given to aristocrats who had political power, in order to corrupt them. Here the pensions are given to the great democratic mass who have the political power, in order to corrupt them. We have one hundred thousand federal office-holders and I do not know how many state and municipal office-holders. Of course public officers are necessary and it is an economical organization of society to set apart some of its members for civil functions, but if the number of persons drawn from production and supported by the producers while engaged in civil functions is in undue proportion to the total population, there is economic loss. If public offices are treated as spoils or benefices or sinecures, then they are jobs and only constitute part of the pillage.

The biggest job of all is a protective tariff. This device consists in delivering every man over to be plundered by his neighbor and in teaching him to believe that it is a good thing for him and his country because he may take his turn at plundering the rest. Mr. Kelley said that if the internal revenue taxes on whisky and tobacco, which are paid to the United States government, were not taken off, there would be a rebellion. Just then it was discovered that Sumatra tobacco was being imported, and the Connecticut tobacco men hastened to Congress to get a tax laid on it for their advantage. So it appears that if a tax is laid on tobacco, to be paid to the United States, there will be a rebellion, but if a tax is laid on it to be paid to the farmers of the Connecticut Valley, there will be no rebellion at all. The tobacco farmers having been taxed for protected manufacturers are now to be taken into the system, and the workmen in the factories are to be taxed on their tobacco to protect the farmers.So the system is rendered more complete and comprehensive.

On every hand you find this jobbery. The government is to give every man a pension, and every man an office, and every man a tax to raise the price of his product, and to clean out every man’s creek for him, and to buy all his unsalable property, and to provide him with plenty of currency to pay his debts, and to educate his children, and to give him the use of a library and a park and a museum and a gallery of pictures. On every side the doors of waste and extravagance stand open; and spend, squander, plunder, and grab are the watchwords. We grumble some about it and talk about the greed of corporations and the power of capital and the wickedness of stock gambling. Yet we elect the legislators who do all this work. Of course, we should never think of blaming ourselves for electing men to represent and govern us, who, if I may use a slang expression, give us away. What man ever blamed himself for his misfortune? We groan about monopolies and talk about more laws to prevent the wrongs done by chartered corporations. Who made the charters? Our representatives. Who elected such representatives? We did. How can we get bad law-makers to make a law which shall prevent bad law-makers from making a bad law? That is, really, what we are trying to do. If we are a free, self-governing people, all our misfortunes come right home to ourselves and we can blame nobody else. Is any one astonished to find that men are greedy, whether they are incorporated or not? Is it a revelation to find that we need, in our civil affairs, to devise guarantees against selfishness, rapacity, and fraud? I have ventured to affirm that government has never had to deal with anything else.

Now, I have said that this jobbery means waste, plunder, and loss, and I define it at the outset as the system of making a chance to extort part of his product from somebody else. Now comes the question: Who pays for it all? The system of plundering each other soon destroys all that it deals with. It produces nothing. Wealth comes only from production, and all that the wrangling grabbers, loafers, and jobbers get to deal with comes from somebody’s toil and sacrifice. Who, then, is he who provides it all? Go and find him and you will have once more before you the Forgotten Man. You will find him hard at work because he has a great many to support. Nature has done a great deal for him in giving him a fertile soil and an excellent climate and he wonders why it is that, after all, his scale of comfort is so moderate. He has to get out of the soil enough to pay all his taxes, and that means the cost of all the jobs and the fund for all the plunder. The Forgotten Man is delving away in patient industry, supporting his family, paying his taxes, casting his vote, supporting the church and the school, reading his newspaper, and cheering for the politician of his admiration, but he is the only one for whom there is no provision in the great scramble and the big divide.

Such is the Forgotten Man. He works, he votes, generally he prays– but he always pays–yes, above all, he pays. He does not want an office; his name never gets into the newspaper except when he gets married or dies. He keeps production going on. He contributes to the strength of parties. He is flattered before election. He is strongly patriotic. He is wanted, whenever, in his little circle, there is work to be done or counsel to be given. He may grumble some occasionally to his wife and family, but he does not frequent the grocery or talk politics at the tavern. Consequently, he is forgotten. He is a commonplace man. He gives no trouble. He excites no admiration. He is not in any way a hero (like a popular orator); or a problem (like tramps and outcasts); nor notorious (like criminals); nor an object of sentiment (like the poor and weak); nor a burden (like paupers and loafers); nor an object out of which social capital may be made (like the beneficiaries of church and state charities); nor an object for charitable aid and protection (like animals treated with cruelty); nor the object of a job (like the ignorant and illiterate); nor one over whom sentimental economists and statesmen can parade their fine sentiments (like inefficient workmen and shiftless artisans). Therefore, he is forgotten. All the burdens fall on him, or on her, for it is time to remember that the Forgotten Man is not seldom a woman.

When you go to Willimantic, they will show you with great pride the splendid thread mills there. I am told that there are sewing-women who can earn only fifty cents in twelve hours, and provide the thread. In the cost of every spool of thread more than one cent is tax. It is paid not to get the thread, for you could get the thread without it. It is paid to get the Willimantic linen company which is not worth having and which is, in fact, a nuisance, because it makes thread harder to get than it would be if there were no such concern. If a woman earns fifty cents in twelve hours, she earns a spool of thread as nearly as may be in an hour, and if she uses a spool of thread per day, she works a quarter of an hour per day to support the Willimantic linen company, which in 1882 paid 95 per cent dividend to its stockholders. If you go and look at the mill, it will captivate your imagination until you remember all the women in all the garrets, and all the artisans’ and laborers’ wives and children who are spending their hours of labor, not to get goods which they need, but to pay for the industrial system which only stands in their way and makes it harder for them to get the goods.

It is plain enough that the Forgotten Man and the Forgotten Woman are the very life and substance of society. They are the ones who ought to be first and always remembered. They are always forgotten by sentimentalists, philanthropists, reformers, enthusiasts, and every description of speculator in sociology, political economy, or political science. If a student of any of these sciences ever comes to understand the position of the Forgotten Man and to appreciate his true value, you will find such student an uncompromising advocate of the strictest scientific thinking on all social topics, and a cold and hard-hearted skeptic towards all artificial schemes of social amelioration. If it is desired to bring about social improvements bring us a scheme for relieving the Forgotten Man of some of his burdens. He is our productive force which we are wasting. Let us stop wasting his force. Then we shall have a clean and simple gain for the whole society. The Forgotten Man is weighted down with the cost and burden of the schemes for making everybody happy, with the cost of public beneficence, with the support of all the loafers, with the loss of all the economic quackery, with the cost of all the jobs. Let us remember him a little while. Let us take some of the burdens off him. Let us tun our pity on him instead of on the goodfornothing. It will be only justice to him, and society will greatly gain by it. Why should we not also have the satisfaction of thinking and caring for a little about the clean, honest, industrious, independent, self-supporting men and women who have not inherited much to make life luxurious for them, but who are doing what they can to get on in the world without begging from anybody, especially since all they want is to be let alone, with good friendship and honest respect, Certainly the philanthropists and Sentimentalists have kept our attention for a longtime on the nasty, shiftless, criminal, whining, crawling, and good for nothing people, as if they alone deserved our attention.

The Forgotten Man is never a pauper. He almost always has a little capital because it belongs to the character of the man to save something. He never has more than a little. He is, therefore, poor in the popular sense, although in the correct sense he is not so. I have said already that if you learn to look for the Forgotten Man and to care for him, you will be very skeptical toward all philanthropic and humanitarian schemes. It is clear now that the interest of the Forgotten Man and the interest of “the poor,” “the weak,” and the other petted classes are in antagonism, In fact, the warning to you to look for the Forgotten Man comes the minute that the orator or writer begins to talk about the poor man. That minute the Forgotten Man is in danger of a new assault, and if you intend to meddle in the matter at all, then is the minute for you to look about for him and to give him your aid. Hence, if you care for the Forgotten Man, you will be sure to be charged with not caring for the poor. Whatever you do for any of the petted classes wastes capital. If you do anything for the Forgotten Man, you must secure him his earnings and savings, that is, you legislate for the security of capital and for its free employment; you must oppose paper money, wildcat banking and usury laws and you must maintain the inviolability of contracts. Hence you must be prepared to be told that you favor the capitalist class, the enemy of the poor man.

What the Forgotten Man really wants is true liberty. Most of his wrongs and woes come from the fact that there are yet mixed together in our institutions the old mediaeval theories of protection and personal dependence and the modern theories of independence and individual liberty. The consequence is that the people who are clever enough to get into positions of control, measure their own rights by the paternal theory and their own duties by the theory of independent liberty. It follows that the Forgotten Man, who is hard at work at home, has to pay both ways. His rights are measured by the theory of liberty, that is, he has only such as he can conquer. His duties are measured by the paternal theory, that is, he must discharge all which are laid upon him, as is always the fortune of parents. People talk about the paternal theory of government as if it were a very simple thing. Analyze it, however, and you see that in every paternal relation there must be two parties, a parent and a child, and when you speak metaphorically, it makes all the difference in the world who is parent and who is child. Now, since we, the people, are the state, whenever there is any work to be done or expense to be paid, and since the petted classes and the criminals and the jobbers cost and do not pay, it is they who are in the position of the child, and it is the Forgotten Man who is the parent. What the Forgotten Man needs, therefore, is that we come to a clearer understanding of liberty and to a more complete realization of it. Every step which we win in liberty will set the Forgotten Man free from some of his burdens and allow him to use his powers for himself and for the commonwealth.

http://www.swarthmore.edu/SocSci/rbannis1/AIH19th/Sumner.Forgotten.html

The Real William Graham Sumner 

by Jeff Riggenbach

 

 

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The Pronk Pops Show 216, February 21, 2014, Story 1: Obama’s Era of Austerity is Over — Let The Big Spending Beginning — President Is Delusional Suffers From Spending Addiction Disorder (SAD) — Videos

Posted on February 21, 2014. Filed under: Addiction, American History, Blogroll, Budgetary Policy, Communications, Constitutional Law, Economics, Education, Employment, Federal Government, Fiscal Policy, Food, Foreign Policy, Government, Government Dependency, Government Spending, Health Care, Health Care Insurance, History, Housing, Illegal Immigration, Immigration, Labor Economics, Law, Media, Medicine, Monetary Policy, Nutrition, Philosophy, Photos, Politics, Radio, Regulation, Tax Policy, Terror, Videos, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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 Congressional Budget Office’s newest reports

45086-land-Figure1

In the past few years, debt held by the public has been significantly greater relative to GDP than at any time since just after World War II, and under current law it will continue to be quite high by historical standards during the next decade. With debt so large, federal spending on interest payments will increase substantially as interest rates rise to more typical levels. Moreover, because federal borrowing generally reduces national saving, the capital stock and wages will be smaller than if debt was lower. In addition, lawmakers would have less flexibility than they otherwise would to use tax and spending policies to respond to unanticipated challenges. Finally, such a large debt poses a greater risk of precipitating a fiscal crisis, during which investors would lose so much confidence in the government’s ability to manage its budget that the government would be unable to borrow at affordable rates.

http://cbo.gov/publication/45086

Federal Budget Deficits Are Projected to Decline Through 2015 but Rise Thereafter, Further Boosting Federal Debt

posted by Barry Blom & Leigh Angres on february 20, 2014

CBO recently released The Budget and Economic Outlook: 2014 to 2024. In that report, CBO projects that if current laws remain in place, the federal budget deficit will total $514 billion in fiscal year 2014. That deficit will be $166 billion smaller than the figure posted in 2013 and down sharply from the shortfalls recorded between 2009 and 2012, which exceeded $1 trillion annually. At 3.0 percent of gross domestic product (GDP), this year’s deficit would be near the average experienced over the past 40 years and about 7 percentage points lower than the figure recorded in 2009.

Today’s post summarizes CBO’s assessment of the budget outlook over the next decade. Three more posts—to appear over the next several days—will provide more detail about the outlook for spending, revenues, and the economy. One more post will expand upon CBO’s economic forecast, explaining the reasons behind the slow recovery of the labor market.

Under Current Law, Federal Debt Will Grow to 79 Percent of GDP at the End of 2024, CBO Estimates

CBO constructs it baseline projections of federal revenues and spending over the coming decade under the assumption that current laws generally remain unchanged. Under that assumption, revenues are projected to grow by about 1 percentage point of GDP over the next 10 years—from 17.5 percent in 2014 to 18.4 percent in 2024. But outlays are projected to rise twice as much, from 20.5 percent of GDP in 2014 to 22.4 percent in 2024. The increase in outlays reflects substantial growth in the cost of the largest benefit programs—Social Security, Medicare, and Medicaid—and in payments of interest on the government’s debt; those increases would more than offset a significant decline in discretionary spending relative to the size of the economy.

Although the deficit in CBO’s baseline projections continues to decline as a percentage of GDP in 2015, to 2.6 percent, it then starts to increase again in 2016, reaching 4.0 percent of GDP in 2024. That figure for the end of the 10-year projection period is roughly 1 percentage point above the average deficit over the past 40 years relative to the size of the economy.

That pattern of lower deficits initially, followed by higher deficits for the remainder of the projection period, would cause debt held by the public to follow a similar trajectory (see the figure below). Relative to the nation’s output, debt held by the public is projected to decline from 74 percent of GDP in 2014 to 72 percent of GDP in 2017, but to rise thereafter, to 79 percent of GDP at the end of 2024. (As recently as the end of 2007, debt held by the public was equal to 35 percent of GDP.)

Federal Debt Held by the Public

In the past few years, debt held by the public has been significantly greater relative to GDP than at any time since just after World War II, and under current law it will continue to be quite high by historical standards during the next decade. With debt so large, federal spending on interest payments will increase substantially as interest rates rise to more typical levels. Moreover, because federal borrowing generally reduces national saving, the capital stock and wages will be smaller than if debt was lower. In addition, lawmakers would have less flexibility than they otherwise would to use tax and spending policies to respond to unanticipated challenges. Finally, such a large debt poses a greater risk of precipitating a fiscal crisis, during which investors would lose so much confidence in the government’s ability to manage its budget that the government would be unable to borrow at affordable rates. (For a discussion of the consequences of elevated debt, see CBO’s December 2013 report Choices for Deficit Reduction: An Update.)

Projected Deficits Reflect Substantial Growth in the Cost of the Largest Benefit Programs

Projected deficits and debt for the coming decade reflect some of the long-term budgetary pressures facing the nation. The aging of the population, the rising costs of health care, and the expansion in federal subsidies for health insurance that is now under way will substantially boost federal spending on Social Security and the government’s major health care programs by 2 percentage points of GDP over the next 10 years (see the figure below). But the pressures of aging and the rising costs of health care will intensify during the next few decades. Unless the laws governing those programs are changed—or the increased spending is accompanied by corresponding reductions in other spending relative to GDP, by sufficiently higher tax revenues, or by a combination of those changes—debt will rise sharply relative to GDP after 2024. (For a more detailed discussion of the long-term budget situation, see CBO’s September 2013 report The 2013 Long-Term Budget Outlook.)

Spending and Revenues Projected in CBO's Baseline, Compared With Levels in 1974

Moreover, holding discretionary spending within the limits required under current law—an assumption that underlies these projections—may be quite difficult. The caps on discretionary budget authority established by the Budget Control Act of 2011 (Public Law 112-25) and subsequently amended will reduce such spending to an unusually small amount relative to the size of the economy. With those caps in place, CBO projects, discretionary spending will equal 5.2 percent of GDP in 2024; by comparison, the lowest share for discretionary spending in any year since 1962 (the earliest year for which such data have been reported) was 6.0 percent in 1999. (Nevertheless, total federal spending would be a larger share of GDP than its average during the past 40 years because of higher spending on Social Security, Medicare, Medicaid, other health insurance subsidies for low-income people, and interest payments on the debt.) Because the allocation of discretionary spending is determined by annual appropriation acts, lawmakers have not yet decided which specific government services and benefits will be reduced or constrained to meet the specified overall limits.

The Budget Outlook for the Coming Decade Has Worsened Since May 2013

The baseline budget outlook has worsened since May 2013, when CBO last published its 10-year projections. A description of the changes in CBO’s baseline since May 2013 can be found in Appendix A of the report. At that time, deficits projected under current law totaled $6.3 trillion for the 2014–2023 period, or about 3 percent of GDP. Deficits are now projected to be about $1 trillion larger. The bulk of that change occurred in CBO’s estimates of revenues: The agency has reduced its projection of total revenues by $1.6 trillion, mostly because of changes in the economic outlook. A decrease of $0.6 trillion in projected outlays through 2023 partially offset that change.

Barry Blom is an analyst in CBO’s Budget Analysis Division and Leigh Angres is special assistant to the CBO Director.