Straying a bit here, But since Jim tells us that Freedom of Speech is a favorite legal of his I feel compelled to point out the error he is making, and unfortunately one which is made much too much these days by our Courts.
Our Freedom of Speech does not come from the First Amendment. The Bill of Rights is a Truism. The Constitution is not a grant of rights from Government to Citizen it is a grant of power from Citizen to Government. Since the Constitution does not grant Congress the power to limit speech any law passed by Congress which infringes on my Right to Speech is ultra vires.
In next weeks installment I'll explain why the 17th Amendment was the death knell of our Constitutional System. Although if that one didn't kill it I'm sure the 19th would have.
|