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Legislating MORE violations of the constitution

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nam78_two Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 01:38 PM
Original message
Legislating MORE violations of the constitution
Edited on Sat Sep-30-06 01:53 PM by nam78_two
Its all done so stealthily...


http://www.washingtonpost.com/wp-dyn/content/article/2006/09/29/AR2006092901055.html

>>snip
With little public attention or even notice, the House of Representatives has passed a bill that undermines enforcement of the First Amendment's separation of church and state. The Public Expression of Religion Act - H.R. 2679 - provides that attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees. The bill has only one purpose: to prevent suits challenging unconstitutional government actions advancing religion.

A federal statute, 42 United States Code section 1988, provides that attorneys are entitled to recover compensation for their fees if they successfully represent a plaintiff asserting a violation of his or her constitutional or civil rights. For example, a lawyer who successfully sues on behalf of a victim of racial discrimination or police abuse is entitled to recover attorney's fees from the defendant who acted wrongfully. Any plaintiff who successfully sues to remedy a violation of the Constitution or a federal civil rights statute is entitled to have his or her attorney's fees paid.

Congress adopted this statute for a simple reason: to encourage attorneys to bring cases on behalf of those whose rights have been violated. Congress was concerned that such individuals often cannot afford an attorney and vindicating constitutional rights rarely generates enough in damages to pay a lawyer on a contingency fee basis.

>>end snip


>>
Without this statute, there is no way to compensate attorneys who successfully sue for injunctions to stop unconstitutional government behavior. Congress rightly recognized that attorneys who bring such actions are serving society's interests by stopping the government from violating the Constitution. Indeed, the potential for such suits deters government wrong-doing and increases the likelihood that the Constitution will be followed.
>>
Despite the effectiveness of this statute, conservatives in the House of Representatives have now passed an insidious bill to try and limit enforcement of the Establishment Clause of the First Amendment, by denying attorneys fees to lawyers who successfully challenge government actions as violating this key constitutional provision.
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nam78_two Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 01:54 PM
Response to Original message
1. shameless self-kick...This stuff is important/nt
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suffragette Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-30-06 02:05 PM
Response to Original message
2. "nefarious" indeed
Edited on Sat Sep-30-06 02:22 PM by suffragette
More from the article:

Without this statute, there is no way to compensate attorneys who successfully sue for injunctions to stop unconstitutional government behavior.

The passage of this bill by the House is a disturbing achievement by those who seek to undermine our nation's commitment to fundamental freedoms laid out in the Constitution. Should it come up for a vote, it is imperative that the Senate reject this nefarious proposal.



Yet another nefarious assault on our Constitutional rights. They keep digging out the pieces of foundation from under the Constitution which help keep it in place and functioning. At first it was chipping here and there, then shovels, now freakin' bulldozers all hollowing out any laws which serve to support the Constitution.

edited to correct a formatting mistake
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