... Peter, but don't think I said (or even implied) anything to the contrary.

>> 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.

Absolutely correct. And I'm 100% certain I never said otherwise. The entire concept of our Constitution is that it is a grant of power by the People to the Government, not vice versa.

>> 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.

Perhaps you missed this Peter, but I have previously posted at least one message regarding my views on the absolute nature of the First Amendment. I agree that a proper interpretation of the First Amendment would prohibit ANY governmental restriction on Freedom of Speech. The so-called "time, place and manner" restrictions which the Supreme Court has sanctioned are, in my opinion, total BS.

Lower courts routinely abuse the First Amendment (classic example, the "gag" orders which are becoming so popular, particularly in criminal cases). Court orders are "laws" within the meaning of the Constitution (if you don't think so, violate one and see what happens -- the guys with the handcuffs and guns show up). By virtue of the due process clause of the 14th Amendment, the First Amendment applies to all governmental entities, not just Congress as originally written. Most, if not all, states also have state constitutional provisions which parallel the First Amendment. On it's face, California's provision is absolute -- and has been approved by the voters six times over the years in exactly the same form.

I must say, though, that your reference to the 17th Amendment baffles me, Peter. I'll be interested to see why you think the popular election of Senators, rather than election by state legislatures, was so destructive to our constitutional system of government. Or, for that reason, why woman's suffrage (19th) was so bad for the constitution. ----- jim o\-S