DownsizeDC.org
December 5, 2012
Does the State Have "Rights" to Protect?
By Jim Babka

Yesterday we told you about “our most important legal brief ever.” We said we needed a mere $3,500 to fund this project. We got $2,538. Because we think this project is so important we're resending the proposal today in hopes that even more people will read it and decide to donate the final $962 we need. Thanks! – Jim Babka

Here's your chance to . . .

  • Strike a major blow at the campaign finance laws
  • Undermine a vast number of unconstitutional Supreme Court rulings

You can do all of this with our next legal brief. We need your help to fund it. This is the most important brief we've ever proposed to you. Here’s why . . .

We want to attack the doctrine of "compelling state interest."

This concept has been used to justify not only the campaign finance laws, but many other areas of criminal activity by the federal state, starting with this . . .

The Japanese-American Internment during World War II

The doctrine of "compelling state interest" has an evil origin. The Supreme Court created this so-called "balancing test" in 1944 to justify the criminal arrest and imprisonment of thousands of innocent Japanese-Americans.

Everyone agrees that this was a dark stain on American history. Reparations were eventually paid to the Japanese-Americans who were interned or to their heirs. But the original sin that enabled this heinous act spread to nearly every part of the U.S. Constitution.

The 1944 Court dared to assert that it could balance the "interests" of The State against the rights of individuals. In other words . . .

  • If The State claims to have a compelling interest in violating your rights
  • And the Court agrees that the "interest" really is compelling
  • Then the Court will endorse the criminality

This decision opened the floodgates. Your rights have been deluged by "balancing tests" ever since.

  • This is part of how the Court has allowed the campaign finance laws to violate your First Amendment rights
  • It's also the basis for thousands of other violations across the whole range of State activity

But . . .

  • Balancing tests have no Constitutional basis
  • They didn't even exist for the first 155 years of the Constitution
  • They were only created when the Court wanted to justify a great crime

Our new brief will attack "compelling state interest" and "balancing tests" on all of these fronts and more. But we want to draw your attention to a uniquely powerful argument we want to make.

The Constitution's amendment provision refutes any justification for judicial balancing tests.

This idea comes from our own Vice President, Perry Willis. He argues that the Constitution already provides a means for demonstrating "compelling state interest," and it does NOT involve judicial fiat.

Instead . . .

  • The State is supposed to demonstrate that the new powers it seeks really do serve a compelling interest
  • It does this by enduring the stress of amending the Constitution
  • This leaves no room for judicial balancing tests

This is one more example of our unique approach. We've done this kind of thing again and again.

These briefs, which YOU commission, constantly make fundamental arguments that no one else is offering.

For instance . . .

Our truly talented attorneys pioneered the freedom of press argument to cure the defects of the free speech approach in campaign finance cases. No money is needed for speech, but money is needed for a press.

We continue to believe that this argument will eventually destroy the campaign finance laws.

Likewise, we were the only group to file a brief arguing for a property rights standard in the Jones case, and that argument won, creating a new precedent.

And now Perry's amendment argument will join this list IF . . .

You help us fund the Danielczyk v United States brief.  

We need to raise $3,500 for this project this week. That probably means we need to have at least one contribution of $1,000, and probably two of at least $500.

It will also take a lot of gifts in the range of $10 to $100 to fill out the balance.

In addition to credit cards, we also accept checks by mail. The mailing address is on our secure form.

Please remember . . .

These donations are tax deductible for 2012 if you plan to itemize deductions, and the tax deductible opportunities for 2012 are nearly gone.

In fact, if you wish to donate appreciated securities, hit reply and we'll be in touch with you shortly to make the arrangements.

Please donate now using our secure form.

Thank you for making our work possible.

Jim Babka
President
Downsize DC Foundation

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