Best of the Week
Most Popular
1.Gold Price Trend Forecast, Where are the Gold Traders? - Bob_Loukas
2.Stocks Bear Market of 2017 Begins? Shorting the Dow At its Peak! - Nadeem_Walayat
3.Betting on President Trump Leaving Office Early, Presidency End Date - Betfair Market - Nadeem_Walayat
4.Why Stock Market Analysts Will be Wrong About 2017 - Clif_Droke
5.Is This The Best Way For Investors To Play The Electric Car Boom - OilPrice_Com
6.Silver Price 2017 Trend Forecast Update - Video - Nadeem_Walayat
7.Gold Price Set For Very Bullish 2017, Trend Forecast - Austin_Galt
8.10 Things I learned From Meetings With Trump’s Transition Team - - John_Mauldin
9.How Investors Can Profit From Trumps Military Ambitions - OilPrice_Com
10.Channel 4 War on 'Fake News', Forgets Own Alt Reality Propaganda Broadcasting - Nadeem_Walayat
Last 7 days
The Best Reasons to Buy Gold in the Age of Trump - 22nd Feb 17
Silver, The Return of Stagflation - 22nd Feb 17
Why EU BrExit Single Market Access Hard line is European Union Committing Suicide - 22nd Feb 17
Gold: Short End US Rates Matter More Than Long End Real Yields - 22nd Feb 17
CONTINENTAL RESOURCES: Example Of What Is Horribly Wrong With The U.S. Shale Oil Industry - 22nd Feb 17
Here’s Proof Rising Rates Are Good for Gold - 21st Feb 17
Gold and Silver Weekly Update - 21st Feb 17
US Dollar and Gold Battle of the Cycles - 21st Feb 17
NSA and CIA is the Enemy of the People - 21st Feb 17
Big Moves in the World Stock Markets - Big Bases - 21st Feb 17
Stock Market Uptrend Continues - 21st Feb 17
Brent Crude Oil Price Technical Update: Low Volatility Leads to High Volatility - 20th Feb 17
Trump’s Tax System Could Spark The Wave Of Self-Employment - 20th Feb 17
Here’s How to Stay Ahead of Machines and AI - 20th Feb 17
Warning Signs Of Instability In Russia - 20th Feb 17
Warning: This Energy Investment Could Wreak Havoc On Your Portfolio - 20th Feb 17
The Mother of All Financial Bubbles will be Unimaginably Destructive when it Bursts - 19th Feb 17
Gold’s Fundamentals Strengthen - 18th Feb 17
The Flynn Fiascom, the Trump Revolution Ends in a Whimper - 18th Feb 17
Not Nearly Enough Economic Growth To Keep Growing - 18th Feb 17
SPX Stocks Bull Market Continues to make New Highs - 18th Feb 17
China Disaster to Trigger Gold Run, Trump to Appoint 5 of 7 Fed Governors - 18th Feb 17
Gold Stock Volume Divergence - 17th Feb 17
Gold, Silver, US Dollar Cycles - 17th Feb 17
Inflation Spikes in 2017, Supporting Gold Prices Despite Increased Odds of March Rate Hike - 17th Feb 17
Roses Are Red... and So's Been EURUSD's Trend - 17th Feb 17
Gold Trade Note Sighted - 17th Feb 17
Gold Is Undervalued Say Leading Fund Managers - 17th Feb 17
NSA, CIA, FBI, Media Establishment 'Deep State' War Against Emerging 'Trump State' - 16th Feb 17
Silver, Gold Stocks and Remembering the Genius of Hunter S. Thompson - 16th Feb 17
Maps That Show The US’ Strategy In Asia-Pacific - 15th Feb 17
The Trump Stock Market Rally Is Just Getting Started! - 15th Feb 17
Tesco Crisis - Fake Prices, Brexit Inflation Tsunami to Send Food Prices Soaring 10% 2017 - 15th Feb 17
Stock Market Indexes Appear Ready to Roll Over - 15th Feb 17
Gold Bull Market? Or was 2016 Just a Gold Bug Mirage? - 15th Feb 17
Here’s How Germany Buys Time From China - 15th Feb 17
The Stock Trader’s Actionable Guide to Trump - 15th Feb 17
Trump A New Jacksonian Era? The Fourth Turning (2) - 14th Feb 17
Stock Market Yet Another Wall Street 'Witch's Brew' - 14th Feb 17
This Is Why You Don’t Own A Lot Of Stocks - 14th Feb 17
Proposed Tax Reforms Face Enormous Headwinds - 14th Feb 17

Market Oracle FREE Newsletter

State of Global Markets 2017 - Report

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.


© 2005-2016 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

Catching a Falling Financial Knife