Best of the Week
Most Popular
1.UK General Election 2015 - Forecasting Seats for SNP, LIb-Dems, UKIP and Others - Nadeem_Walayat
2.UK General Election 2015 Seats Forecast - Who Will Win? - - Nadeem_Walayat
3.Gold Price Downtrend Looks Set to Continue - Clive_Maund
4.Commodity Prices Set To Plunge Below 2008 Lows - Austin_Galt
5.New Greece Drachma Revealed Amid Bank Runs - Greeks Buy Gold Sovereigns - GoldCore
6.Gold and Silver Stocks or General Stock Market Indices? - Rambus_Chartology
7.“Forgive Us Our Debts” – Only Way To Prevent Economic Meltdown - GoldCore
8.UK House Prices Trend 2015 and the May General Election - Nadeem_Walayat
9.12 Reasons Why Barry Ritholtz and Many UK Experts Are Mistaken On Gold - GoldCore
10.Recession is On The Way; Beat The Stock Market Crowd, Panic Now! - Mike_Shedlock
Last 5 days
Students Getting a PhD in Subprime Debt - U.S. Debt Breaking Bad Part 3 - 2nd Mar 15
The Stock Market is in The Process of Major Top! - 2nd Mar 15
Stock Market Weakening Trend - 2nd Mar 15
Gold Price Glimmer of Hope - 1st Mar 15
Stock Markets Are Riding High on Thin Air - 1st Mar 15
Varoufakis vs. the Troika - Showdown in Athens - 1st Mar 15
Subprime Rising - U.S. Debt Breaking Bad Part 2 - 1st Mar 15
Gold CoT Improving, But ... - 1st Mar 15
UK General Election 2015 Seats Forecast - Who Will Win? - 28th Feb 15
UK General Election 2015 - Forecasting Seats for SNP, LIb-Dems, UKIP and Others - 28th Feb 15
Stocks Bull Market Continues - 28th Feb 15
U.S. Debt Breaking Bad - 28th Feb 15
NATO Frankenstein - When Centralization Scales Beyond Our Control - 28th Feb 15
Gold And Silver Insanity Prevails; Precious Metals Without Direction - 28th Feb 15
Fed Raising U.S. Interest Rates - Shovelin’ Schmitt Against the Tide - 28th Feb 15
Don't Let This Stock Market Myth Cost You Your Gains - 28th Feb 15
Recession is On The Way; Beat The Stock Market Crowd, Panic Now! - 28th Feb 15
Stock Market Indexes Creeping Towards the Edge - 28th Feb 15
GGD Going for Mexican Gold - 27th Feb 15
Foreign Real Estate Is the New Swiss Bank Account - 27th Feb 15
10 Reasons Washington Has War Fever - 27th Feb 15
Gold and the Euro Tragedy, Iraq 3.0, Ukraine Conflict Three Ring Circus - 27th Feb 15
Deepak Chopra - New Age Genius or Bullshit Expert? - Video - 27th Feb 15 - Videos
New Greece Drachma Revealed Amid Bank Runs - Greeks Buy Gold Sovereigns - 27th Feb 15
Will Month Long Stocks Rally Continue? - 27th Feb 15
The Only Public Hedge Fund You Should Own - 27th Feb 15
UK House Prices Trend 2015 and the May General Election - 27th Feb 15
Why America is Ungovernable - The Republicans’ Civil War - 27th Feb 15
Gold vs Gold Stocks: Bullish Anomaly Developing? - 27th Feb 15
I Heart Capitalism, Nasdaq Stocks, Then And Now - 27th Feb 15
The Fed’s History of Assassination - 27th Feb 15 i
Gold Bull Market Forecast - Money Will Rotate Into These Dead Investments - 27th Feb 15
"Audit the Fed"? We've Already Done That (Well, Kind of) - 26th Feb 15
Forget Peak Oil; Worry About Peak Demand - 26th Feb 15
Currency Wars, Again - 26th Feb 15
The Fed Waited Too Long: Here Comes Inflation - 26th Feb 15
Investing Inertia Won’t Keep Your Cash Safe - 26th Feb 15
The Net Neutrality Scam - 26th Feb 15
Will Conservatives Out of Control Immigration Crisis Boost UKIP Election 2015 Prospects? - 26th Feb 15
EU Warns Ireland and Euro Zone of Debt Dangers - 26th Feb 15
Commodity Prices Set To Plunge Below 2008 Lows - 26th Feb 15
Ukraine Hyperinflation as Currency Plunges 44% in One Week! - 26th Feb 15
The State of the Global Markets 2015 - 53 Page Report - 26th Feb 15
NASDAQ New 15 Year High - Stock Market Death By Overdose - 25th Feb 15
12 Reasons Why Barry Ritholtz and Many UK Experts Are Mistaken On Gold - 25th Feb 15
Sugar Commodity Price To Sweeten Up - 25th Feb 15
Investor Profits from China 2,000-Year Unstoppable Trends - 25th Feb 15
How to Borrow Cheaply from a Government-Owned Bank - 25th Feb 15
Debt Be Not Proud - 25th Feb 15
Liberal Democrat Election Blood Bath - Could Nick Clegg Lose Sheffield Hallam? - 25th Feb 15
Wheat Commodity Price Technical Trend Forecast - 24th Feb 15
Bitcoin Price Might Stay below $250 - 24th Feb 15
Another Important Stock Market Inflection Point Approaching - 24th Feb 15
Gold: The Good, Bad, and Truly Ugly - 24th Feb 15
Eurozone Gold Holdings Increase to 10,792 Tonnes As “Reserve of Safety” Amidst Crisis - 24th Feb 15
Bird Doo; Yellen Goes to Congress - 24th Feb 15
Is Gold Investing Risk Free? - 24th Feb 15
The Bull Case For Gold Price 2015, and the Bear - 24th Feb 15
Europe - The Intersection of Three Crises - 24th Feb 15
Gold Price Just Needs More Time - 24th Feb 15

Free Instant Analysis

Free Instant Technical Analysis


Market Oracle FREE Newsletter

The State of the Global Markets 2015

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.


© 2005-2015 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

Free Report - Financial Markets 2014