Best of the Week
Most Popular
1. Five Charts That Show We Are on the Brink of an Unthinkable Financial Crisis- John_Mauldin
2.Bitcoin Parabolic Mania - Zeal_LLC
3.Bitcoin Doesn’t Exist – 2 - Raul_I_Meijer
4.Best Time / Month of Year to BUY a USED Car is DECEMBER, UK Analysis - Nadeem_Walayat
5.Labour Sheffield City Council Election Panic Could Prompt Suspension of Tree Felling's Private Security - N_Walayat
6.War on Gold Intensifies: It Betrays the Elitists’ Panic and Augurs Their Coming Defeat Part2 - Stewart_Dougherty
7.How High Will Gold Go? - Harry_Dent
8.Bitcoin Doesn’t Exist – Forks and Mad Max - Raul_I_Meijer
9.UK Stagflation Risk As Inflation Hits 3.1% and House Prices Fall - GoldCore
10.New EU Rules For Cross-Border Cash, Gold Bullion Movements - GoldCore
Last 7 days
Bond Market Bear Creating Gold Bull Market - 19th Jan 18
Gold Stocks GDX $25 Breakout on Earnings - 19th Jan 18
SPX is Higher But No Breakout - 19th Jan 18
Game Changer for Bitcoin - 19th Jan 18
Upside Risk for Gold in 2018 - 19th Jan 18
Money Minute - A 60-second snapshot of the UK Economy - 19th Jan 18
Discovery Sport Real MPG Fuel Economy Vs Land Rover 53.3 MPG Sales Pitch - 19th Jan 18
For Americans Buying Gold and Silver: Still a Big U.S. Pricing Advantage - 19th Jan 18
5 Maps And Charts That Predict Geopolitical Trends In 2018 - 19th Jan 18
North Korean Quagmire: Part 2. Bombing, Nuclear Threats, and Resolution - 19th Jan 18
Complete Guide On Forex Trading Market - 19th Jan 18
Bitcoin Crash Sees Flight To Physical Gold Coins and Bars - 18th Jan 18
The Interest Rates Are What Matter In This Market - 18th Jan 18
Crude Oil Sweat, Blood and Tears - 18th Jan 18
Land Rover Discovery Sport - Week 3 HSE Black Test Review - 18th Jan 18
The North Korea Quagmire: Part 1, A Contest of Colonialism and Communism - 18th Jan 18
Understand Currency Trade and Make Plenty of Money - 18th Jan 18
Bitcoin Price Crash Below $10,000. What's Next? We have answers… - 18th Jan 18
How to Trade Gold During Second Half of January, Daily Cycle Prediction - 18th Jan 18
More U.S. States Are Knocking Down Gold & Silver Barriers - 18th Jan 18
5 Economic Predictions for 2018 - 18th Jan 18
Land Rover Discovery Sport - What You Need to Know Before Buying - Owning Week 2 - 17th Jan 18
Bitcoin and Stock Prices, Both Symptoms of Speculative Extremes! - 17th Jan 18
So That’s What Stock Market Volatility Looks Like - 17th Jan 18
Tips On Choosing the Right Forex Dealer - 17th Jan 18
Crude Oil is Starting 2018 Strong but there's Undeniable Risk to the Downside - 16th Jan 18
SPX, NDX, INDU and RUT Stock Indices all at Resistance Levels - 16th Jan 18
Silver Prices To Surge – JP Morgan Has Acquired A “Massive Quantity of Physical Silver” - 16th Jan 18
Carillion Bankruptcy and the PFI Sector Spiraling Costs Crisis, Amey, G4S, Balfour Beatty, Serco.... - 16th Jan 18
Artificial Intelligence - Extermination of Humanity - 16th Jan 18
Carillion Goes Bust, as Government Refuses to Bailout PFI Contractors Debt and Pensions Liabilities - 15th Jan 18
What Really Happens in Iran?  - 15th Jan 18
Stock Market Near an Intermediate Top? - 15th Jan 18
The Key Economic Indicator You Should Watch in 2018 - 15th Jan 18
London Property Market Crash Looms As Prices Drop To 2 1/2 Year Low - 15th Jan 18
Some Fascinating Stock Market Fibonacci Relationships... - 15th Jan 18
How to Know If This Stock Market Rally Will Continue for Two More Months? - 14th Jan 18
Everything SMIGGLE from Pencil Cases to Water Bottles, Pens and Springs! - 14th Jan 18
Land Rover Discovery Sport Very Bad MPG Fuel Economy! Real Owner's Review - 14th Jan 18
Gold Miners’ Status Updated - 13th Jan 18
Gold And Silver – Review of Annual, Qrtly, Monthly, Weekly Charts. Reality v Sentiment - 13th Jan 18
Gold GLD ETF Update.. Bear Market Reversal Watch - 13th Jan 18
Stock Market Leadership In 2018 To Come From Oil & Gas - 13th Jan 18
Stock Market Primed for a Reversal - 13th Jan 18
Live Trading Webinar: Discover 3 High-Confidence Trade Set-Ups - 13th Jan 18
Optimum Entry Point for Gold and Silver Stocks - 12th Jan 18
Stock Selloffs Great for Gold - 12th Jan 18
These 3 Facts Show Gold Is Set to Surge in 2018 - 12th Jan 18
How China is Locking Up Critical Resources in the US’s Own Backyard - 12th Jan 18
Stock futures are struggling. May reverse Today - 12th Jan 18
Three Surprising Places You See Cryptocurrency - 12th Jan 18
Semi Seconductor Stocks Canary Still Chirping, But He’s Gonna Croak in 2018 - 12th Jan 18
Land Rover Discovery Sport Panoramic Sunroof Questions Answered - 12th Jan 18
Information About Trading With Alpari And Its Advantages - 12th Jan 18

Market Oracle FREE Newsletter

6 Critical Money Making Rules

Disclose Act (s. 3369) Destroying the First Amendment

Politics / US Politics Jul 18, 2012 - 02:08 AM GMT

By: Submissions

Politics

Best Financial Markets Analysis ArticleJohn Rolls submits, KrisAnne Hall writes: ALERT: The Disclose Act (s. 3369)has been resurrected and it will further destroy the remnants of our 1stAmendment and diminish the power of our grassroots groups!

It is always shocking to me that those we elect are absolutely clueless to the true government that they were elected to support and defend.  Day in and day out we hear our representatives refer to our government as a “democracy.”  Our founders did not establish a democracy, they established a republic.   At the conclusion of the Constitutional Convention in 1787, Benjamin Franklin was asked by a women referred to as Mrs. Powel of Philadelphia, “Well, Doctor, what have we, a republic or a monarchy?” It is said that Dr. Franklin, without hesitation, said, “A Republic, ma’am, if you can keep it.”  Here we are 225 years later and our own representatives do not know the correct answer to this question. 


And here we are, once again, with the resurrection of the Disclose Act of 2012, and its title tells us all we need to know to want to bury this tyranny in the ground once and for all.  In his limited wisdom, Sheldon Whitehouse, along with his 28 co-sponsors believe that this government is a democracy and have short titled the Disclose Act, ‘‘Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2012.’’ Yes, Mr. Whitehouse I am sure that Democracy is strengthened, but what about a republic?  Since our government is a Constitutional Republic, built upon the inalienable rights of the people protected by the Constitution and the Bill of Rights, the answer to that question is a resounding NO!

Here is the nuts and bolts of the unconstitutionality of the disclose act. First, in true tyrannical form, the language in this act is so vague and overbroad that it is difficult to actually determine who is required to comply and who is not.  Take, for example, the definition of “political committee” that already exists in 2 USC 441-subchapter I– Disclosure of Federal Campaigns:

(4) The term "political committee" means - (A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year; or

Does that include your grassroots group?  How about this wonderful definition of a campaign contribution included in this already existing act?

(8)(A) The term "contribution" includes - (i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office; or (emphasis added)

What about this acts definition of “federal election activity?”

(A) In general. - The term "Federal election activity" means - (iii) a public communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate);

Has YOUR grassroots engaged in activity that is governed by the Federal Election’s Commission?  How could you possibly know? So, how could the Disclose Act make this any worse? Well, it does, and here is how.

First, the Disclose Act expands the definition of “Electioneering Communication”. The original act allows the FEC to label a communication “electioneering” only within the window of “60 days before a general, special, or runoff election for the office sought by the candidate; or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate.”  The Disclose Act would expand that limitation in the case of the non-Presidential or  Vice Presidential candidate to beginning on January 1 of the calendar year in which a general or runoff election is held and ending on the date of the general or runoff election.  Making any communication made 11 months prior to the general election subject to be defined as “federal election activity.”  In the case of the President and Vice-President, this period is extended to “the period beginning 120 days before the first primary election, caucus, or preference election held for the selection of delegates to a national nominating convention of a political party.”  That means that all communications by an eligible group that are made over 1 year before the presidential election can be vaguely defined as “federal election activity.”  This is an unprecedented expansion of the federal government over free speech! 

This however, is not the end of this Act’s assault on liberty.  Not only will our groups be required to report activity over a year before a presidential election, but our groups will be required to disclose its membership rolls to the FEC.  This new act requires that any group making an aggregate donation within this period must disclose:

(i) the name and address of each person who made such payment during the period covered by the statement; (ii) the date and amount of such payment; and (iii) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle and ending on the disclosure date.

The proponents of this legislation will tell you that it only affects the rich or the major corporations because disclosure must only be made with an aggregate donation of $10,000.  But watch out.  We must remember the vague language and keep in mind the chilling effect this will have on those willing to participate in our grassroots groups.  Remember your group qualifies for FEC supervision according to section (4) if its members give more than $1,000 per YEAR.  How will the FEC define that term in section 8(A), anything of value made by any person for the purpose of influencing any election? And we cannot forget that the legislators love to insert “boilerplate” provisions to cover any opportunity they have missed, and the Disclose Act is no exception.  The FEC will be permitted to request “(G) Such other information as required in rules established by the Commission to promote the purposes of this section.”  That means that the FEC can pass a RULE that will expand this law outside the constitutionally established procedures requiring Congressional approval.  This is the very epitome of an executive agency being given legislative law making power and robs the people of their elective voice.

I am once again reminded of the warnings of our founders.  Alexander Hamilton warned us in Federalist Paper #84, that by enumerating certain rights in the Bill of Rights it would actually INVITE government intrusion upon these rights. Hamilton knew that our federal government was delegated very LIMITED POWERS, and those powers did not include the right to govern our speech.  He reasoned that if we tell the federal government what they cannot do, rather than simply telling them what they can do, it would lead to the ultimate usurpation of those rights:

“[Men disposed to usurp] might urge with a semblance of reason, that the constitution ought not to be charged with the absurdity of providing against the abuse of an authority, which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it, was intended to be vested in the national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers.”

We now have a government full of men disposed to usurp the liberties of our people. The Disclose Act is just another manifestation of the doctrine of constructive powers used as a tool to destroy our Constitutionally protected rights.  It does not deal with the real issue of corporate corruption.  This Act will turn every statement made in the public forum into a potential campaign contribution.  So if your group stands against something the incumbent is doing, you have potentially made a campaign contribution to his opponent.  And make no mistake, those who have the “government agenda” in mind will continue to get receive the golden “presidential waiver.” I am sure that the “wrong-stream” media, who continue to funnel billions of free add campaigns to their “favorites” will NEVER be held accountable!

The Disclose Act does what it says it will do, promote democracy and defeat the republic our founders established.  It will silence the minority in favor of the majority.  It will allow the federal government to define political speech and penalize it with massive government regulations.  

CONTACT YOUR SENATOR NOW AND DEMAND THE DEFEAT OF THE DISCLOSE ACT.

www.krisannehall.com/index.php/blog/128-disclose-act-s-3369-destroying-the-first-amendment

© 2012 Copyright  KrisAnne Hall - Disclaimer: The above is a matter of opinion provided for general information purposes only and is not intended as investment advice. Information and analysis above are derived from sources and utilising methods believed to be reliable, but we cannot accept responsibility for any losses you may incur as a result of this analysis. Individuals should consult with their personal financial advisors.


© 2005-2018 http://www.MarketOracle.co.uk - The Market Oracle is a FREE Daily Financial Markets Analysis & Forecasting online publication.


Post Comment

Only logged in users are allowed to post comments. Register/ Log in

6 Critical Money Making Rules