All The Federales Say, We Shouldda Banned Them Anyway

See if this sounds familiar “Congress shall make no law respecting an establishment of religion… or abridging the freedom of speech.” Note the first word of that vaunted amendment is “Congress”. It doesn’t say “Baton Rouge, Waggeman or Louisiana” it says “Congress”. This matters because Thomas Jefferson, acting through his medium, yours truly, may finally be getting through to some people including Governor Jindal.

Jindal will back a proposed law banning the disruption of religious, funeral or memorial services in Louisiana and would be enforced with a $500 fine which equals $1 per foot of the 500 foot, disrespectful, nutjob free-zone(2). The bill is sponsored by Representative Henry Burns and Senator Francis Thompson. Note the the Federal Constitution’s “First Amendment” is aimed squarely at the Congress and up until 1947 everyone understood this(3). This would leave the decision on how to deal with issues of state sponsored religions and speech bans left to the States. This is exactly how a “federal system” SHOULD operate, thus Jindal & co. are acting as responsible legislators AND good federalists.

In case you may not have heard, Louisiana also has her own Constitution AND it contains a provision of “free speech”, to wit. Article I, Section 7(4) “No law shall curtail or restrain the freedom of speech or of the press… BUT [people are] responsible for abuse of that freedom.” The BUT clause grants to the LA Legislature, then, the power to define and then punish that abuse, so the “Funerals for military members free from nutjob protests” Act should pass both State & Constitutional challenges; but it won’t.

Before this newscast is done, lawyers for the ACLU will have begun drawing up their “establishment clause” challenges to this sensible & respectful Act and mark my other words, a Federal judge can be found to agree with them. The only question that will remain then is what are the sovereign, Free People of this state going to do about it?

(1) http://www.archives.gov/exhibits/charters/bill_of_rights.html

(2) http://www.nola.com/politics/index.ssf/2013/02/protests_at_military_funerals.html#incart_m-rpt-2

(3) http://law2.umkc.edu/faculty/projects/ftrials/conlaw/incorp.htm

(4) http://senate.legis.state.la.us/documents/constitution/