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New Bill to Protect the Republic from Activist Judges Needs Co-sponsors

July 7, 2006 Volume 9, Issue 3

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Activist judges have been a plague on American liberty for decades. Many of their rulings, based more on political agendas than the rule of law, are affecting individual states’ authority to their 10th Amendment right to republican rule and is a threat to liberty.

For example, the Supreme Court has used its powers to, in effect, overturn the abortion laws of all 50 states. After the Roe V Wade decision, states under threat of further legal action were forced to rewrite their laws to fit the decision of the court; In Alabama, Judge Roy Moore was forced to remove the Ten Commandments from the State Supreme Court grounds because a Federal judge declared the monument to be unconstitutional. Now there is a looming danger that Federal judges with political agendas will use their bench powers to overturn voter-approved ballot measures and legislative efforts in such issues as the definition of marriage.

So great is the power of activist judges that school boards are literally banning everything from voluntary prayer in schools, to wearing a tee shirt with a Christian message, for fear federal courts will take action against school officials. Across the nation, the outrageous spectacle of communities banned from displaying nativity scenes during the Christmas season is all too common.

Activist judges have declared themselves the power over state legislatures, school boards and city councils. Prayer in public places, personal privacy and now marriage laws are under siege from federal courts. Courts, in turn, are responding to a battery of lawsuits filed by such predatory activist groups as the American Civil Liberties Union (ACLU) – making the ACLU more powerful than locally-elected officials.

All of this is resulting in an agenda of social engineering profoundly hostile to liberty.

Americans have long wanted something done about this situation. The answer now comes from Congressman Ron Paul (R-TX). He has just introduced the "We The People" Act (H.R. 5739).

The We The People Act forbids Federal Courts, including the Supreme Court, from adjudicating cases concerning State laws and polices relating to religious liberties or "privacy" including cases involving sexual practices, sexual orientation or reproduction. The We the People Act also protects the traditional definition of marriage from judicial activism by ensuring the Supreme Court cannot abuse the equal protection clause to redefine marriage.

ACTION TO TAKE: Congress will only use its constitutional powers to restrain activist judges if and when it hears from the American people. And there is only one way the We The People Act will get a fair hearing and a vote in the Congress. It needs co-sponsors – lots of them.

1. Call or write your Congressman and tell him/her to take a stand against activist judges by supporting the We The People Act (H.R. 5739). Most importantly, urge them to sign on as cosponsors of the bill. The bill needs at least 100 cosponsors, to get a fair hearing in the House Judiciary Committee.

Phone calls and letters are the most effective way to contact Congress. E-mails and faxes are many times ignored. Members of Congress have been changing their e-mail addresses and fax numbers when we send out alerts. You can send an e-mail by going to each member’s website at http://thomas.gov.

How to call: Place a call to the U.S. Capitol Switchboard: 202-225-3121. Ask for your congressman by name and the operator will connect your to his/her office.

How to Write: Congressman _______________________

United States House of Representatives

Washington, DC 20515

2. Call or write Rep. Jim Sensenbrenner (R-WI), Chairman of the Judiciary Committee to let him know you support the bill. He is the one who will determine the fate of the bill in committee.

Committee on the Judiciary Phone: 202-225-3951

Address: 2138 Rayburn House Office Building, Washington, D.C. 20515-6216

3. Call or write Rep. Lamar Smith (R-TX), Chairman of the "Subcommittee on Courts, the Internet, and Intellectual Property." His subcommittee has the bill under consideration right now.

Sub- Committee on the Courts, the Internet, and Intellectual Property

Phone: 202-225-5741

Address: B-352 Rayburn House Office Building, Washington, D.C. 20515-6219

SENATOR SPECTER STILL BLOCKING PROPERTY RIGHTS PROTECTION

It’s been one full year since the Supreme Court’s Kelo-VS New London, CT decision.

That decision said local governments could team up with private developers to bulldoze homes in order to build private projects and pad their pockets with new tax revenues.

A firestorm of protest grew across the nation as Americans realized the true impact of the decision meant that no private property was safe from scheming officials and their private partners.

40 states and the U.S. House of Representatives moved quickly to enact or strengthen laws to protect property rights and reverse the damage done by the Supreme Court ruling. The House passed the Property Rights Protection Act, sponsored by James Sensenbrenner (R-WI), which says the Federal government will cut off funds from any community that uses eminent domain for private development. The bill passed the House by a large majority.

But a similar version, also called the Private Property Protection Act (S.1313), introduced by Senator John Cornyn (R-TX) has been stopped by Senator Arlen Specter (R-PA). He is the powerful chairman of the Senate Judiciary Committee which will decide the fate of S.1313. And he is sitting on it. No effort has been made to move the bill for a vote.

Why? Because Senator Specter is working with the National League of Cities and the U.S. Conference of Mayors to stop the legislation. These two very powerful lobbying refuse to give up their power to take private property for their pet projects. And they are lobbying members of Congress hard to stop S.1313 and any other related action.

Most important, Senator Specter knows if the legislation can be held up until the end of the current legislative session then property rights advocates will have to start all over again next year with a new bill and a new effort in a new congress. The chance of success will be greatly reduced.

SENATOR SPECTER IS HOPING YOU WILL FORGET ABOUT THE SUPREME COURT DECISION AND JUST GO AWAY SO HE AND HIS PWOWERFUL LOBBYING PALS CAN GO BACK TO BUSINESS AS USUAL, TAKING PROPERTY AT WILL.

That’s why it is urgent that we fight back now.

ACTION TO TAKE:

1. Call or write both of your United States Senators.

Tell them you support the Property Rights Protection Act (S.1313) and you want action on this bill now. Ask your Senators to co-sponsor S.1313.

How to call:

Place a call to the U.S. Capitol Switchboard: (202) 224-3121

Ask for your Senators by name and the switchboard operator will connect you to his/her office.

How to Write:

Senator ____________________________

United States Senate

Washington, D.C. 20510

2. Call or write to Senator Arlen Specter.

Tell him that you support the bill and demand that he take action

in his powerful Judiciary Committee and pass S.1313 so that it

can be voted on by the full Senate.

Senator Specter’s Senate Office phone: (202) 224-4254

Fax: (202) 228-1229

E-mails may be sent to him at his Senate website: http://specter.senate.gov//

Senator Specter’s Mailing address:

Senator Arlen Specter

711 Hart Senate Office Building

Washington, DC 20510-3802

Call or write members of the Judiciary Committee. Tell them you support S.1313 and demand they put pressure on Chairman Specter to bring the bill to a vote in the committee.

Members of the Judiciary Committee:

Majority Members (Republicans)

Arlen Specter (R-PA) Chairman

Orrin Hatch (R-UT)

Charles Grassley (R-IA)

Jon Kyl (R-AZ)

Mike DeWine (R-OH)

Jeff Sessions (R-AL)

Lindsey Graham (R-SC)

Sam Brownback (R-KS)

Tom Coburn (R-OK)

Minority Members ( Democrats)

Patrick Leahy (D-VT)

Edward Kennedy (D-MA)

Joseph Biden, Jr. (D-DE)

Herb Kohl (D-WI)

Dianne Feinstein (D-CA)

Russell Feingold (D-WI)

Charles Schumer (D-NY)

Richard Durbin (D-IL)

These are the members of the U.S. Senate who hold the power over your private property. Most of them are hoping you will forget about the Property Rights Protection Act.

Call them. Write them. Tell them you demand action on S.1313!

ATTEND THE 7TH ANNUAL FREEDOM 21 NATIONAL CONFERENCE

Join Tom DeWeese, Henry Lamb, Michael Coffman, EdWatch, Eagle Forum, The Heartland Institute, Freedom21 Santa Cruz, and many more for the most important gathering of pro-freedom activists in the nation. This years conference will focus on HOW TO advance the principles of freedom in a workshop-style format.

How to Control Education in your state; build an effective organization; deal with government agencies; avoid being conned by the "consensus process;" raise funds, and influence legislation.

Date: July 20 –22, 2006.

Place: Drawbridge Inn, Ft. Mitchell, Kentucky (At Cincinnati Airport).

For more information and to register, go to www.freedom21.org or call 731-986-0099.

SEND THIS MESSAGE TO AT LEAST FIVE MORE PEOPLE!

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APC is now offering you a quick and easy way to multiply your efforts and help win more battles! Simply click http://www.referralblast.com/rblast.asp?sid=5906 to send this APC Action Alert to up to TEN of your friends! It’s fast, it’s easy and most of all, it’s extremely effective in KILLING OPPRESSIVE POLICIES!

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