Showing posts with label Bill of Rights. Show all posts
Showing posts with label Bill of Rights. Show all posts

08 October, 2021

But the Right Are the Fascists, Remember That

SURVEY: 65% Of Democrats Say Govt Should Ban ‘Misinformation,’ Even If It Suppresses Truth | The Daily Wire

65% of Democrats need to seek therapy. They have lost their ever lovin’ minds.

According to a new poll from Pew Research Center, two out of every three Democrats believes the government should actively crack down on “online misinformation,” even if doing so restricts traditionally protected First Amendment freedoms.

Overall, 48% of Americans agreed that “the government should take steps to restrict false information, even if it means losing some freedom to access and publish content.” That represents a sharp increase from 39% in 2018.

I’ll be blunt. If you don’t believe in Freedom of Speech, then you are an enemy of the Republic.

Nearly 30% of Republicans agree with the Democrats. I don’t understand how even 1 person who calls themselves an American can believe this. Support for Freedom of Speech is a fundamental principle of what it means to be an American, perhaps the ONLY fundamental principle.

This is why I started this blog. It’s why it’s called “Chris of Rights”. I support the Bill of Rights, the Constitution and civil liberties for all Americans, and it all starts with the First Amendment and freedom of speech. This poll makes me sick.

03 October, 2021

You Have Got to Be F***Ing Kidding Me

US Constitution gets a trigger warning on the National Archives website (reclaimthenet.org)

There. Are. No. Words.

We have achieved peak insanity.

05 June, 2012

Chris of Rights Will Always Support Free Speech

My wife is upset with me for my post on Brett Kimberlin last week. I understand why. Aaron Walker was arrested for blogging about Kimberlin. Stacy McCain and his family are in hiding for blogging about Kimberlin. Patterico had police with weapons drawn in his house looking for bodies, and all because he dared blog about Kimberlin. And now, blogger and tweeter who tweets under the handle @ali says his family has been threatened for the crime of supporting the people mentioned above.

So, you can understand why my wife might be upset with me for getting involved in this. I’m only semi-anonymous on this blog. It’s not that hard to find out my real name if you want to do a bit of research. I’ve given enough personal information on this blog that you could certainly find me and my family if you knew my name. She doesn’t want our family to go through what others are going through. And that’s a very reasonable viewpoint. And I don’t want my wife upset with me. The quote “happy wife, happy life” is a true one, after all. Nor do I want my wife and children to be in danger. Particularly over something that I use as more of an expressive outlet than anything else. I know I have very few daily readers, and that doesn’t bother me. That’s never been the point. The point is that I get all of this bottled up inside me, and this is my way of expunging it.

Despite that, I have no intention of lessening my support for Aaron Walker, Patterico, Stacy McCain, @ali, or any one else facing the wrath of Kimberlin and his lackeys.

Why? Am I just crazy?

No. Remember the name of this blog. It wasn’t chosen just to be cute. It’s not just happenstance. As I’ve mentioned numerous times, the Bill of Rights, particularly the First Amendment, are extremely important to me. This isn’t a left/right issue. It’s a right/wrong one. If the roles were reversed, and it was Kimberlin who was attempting to blog, and Patterico, for example, had sent police to his house on a fake 911 call, I would still be writing this, only in support of Kimberlin.

I believe in Free Speech. No matter whose speech it is. The left should be coming out in support of these bloggers as well. They need to be shamed into it, if necessary. Freedom of speech is, in my opinion, the most important of our God-given rights. If you let them take that away from you, then they can take anything away from you, including your life.

You need to understand. What’s going on here is beyond terrifying. I try to avoid comparisons to Nazi Germany. I think they’re overdone. And I think that hyperbole tends to weaken, rather than strengthen your argument. But here the comparisons to the Third Reich are warranted.

This is exactly how it started in the 1930s with the Jews. Jews were targeted, isolated, and attacked. And not just Jews, but the people who came out in support of them. Most of the general citizenry of Germany didn’t agree with this. But it was made clear to them early on what happened to people that spoke up in defense of Jews who were unfairly attacked. So, instead of standing up, they lived in fear that the eyes of oppression would turn next to them. And they did their best to hide from those eyes.

I can’t do that. I’m not trying to be macho here, or pretend that I’m displaying real courage. For me, it’s a decision that I can’t live in shame and in fear. I have to be able to look at myself in the mirror every morning and know that I’m a good person and a good father. I couldn’t do that if I didn’t stand up here.

Kimberlin and his associates are trying to destroy freedom of speech in America. The left, in their silence here, is complicit in this. We cannot allow this to continue.

I have one more link, and I want you to follow it, and read every word. It’s from Ace of Spades HQ. I support his decision, and will be participating in the National Day of Blogger Silence on Friday.

One quote, but do read the whole thing:

On Friday, this site will be absolutely dead-silent, which is what Brett Kimberlin and his stalker crew seeks, and what the media and our supposed Representatives in Congress would permit.

The only post on Friday will be a bold-faced Open Letter to Congress, urging them to act and not attempt to pass the buck to others.

They are our representatives; we would like some representation.

They vowed to defend and protect the Constitution; they can honor that vow now.

I will post links of Congressmen's and Senator's email addresses and offices and phone numbers, and urge every concerned American citizen to let them know, in no uncertain terms, that a crime in progress against the First Amendment (and people's safety) is occurring, and we humbly request they take this seriously.

They are literally going to get someone killed. That is their endgame here.

Will the media and Congress pretend "we didn't know" when this happens?

ABCNews knows.

The Weekly Standard knows.

The Daily Caller knows.

And many, but not yet all, Congressmen and Senators know.

I encourage all bloggers and twitterers to essentially strike that day, or write nothing except your desire that you expect your Congressmen to take threats to your First Amendment rights seriously.

02 June, 2012

The Candidates and the First Amendment

It’s hard to believe that it’s been almost four years since I last wrote on this. Quite a bit has changed since then, but one thing hasn’t changed. We once again have two candidates running for President from the major parties. So, once again, I’ll be looking at their records from a civil libertarian perspective.

For those that missed this the last time, I examined and compared then Senator Barack Obama (D-IL) and Senator John McCain (R-AZ) based on where they stood on the following issues: First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, Eighth Amendment, Eleventh Amendment, Fourteenth Amendment, Fifteenth Amendment, Nineteenth Amendment, Twenty-First Amendment, Twenty-Third Amendment, Twenty-Fourth Amendment, Twenty-Sixth Amendment, Taxes, Abortion, National ID, Voter ID, Card Check, Legalization of Drugs, Gay Rights, Hate Crime Legislation, Growth of Government, Property Rights, Sovereign Rights, Ninth Amendment, and Tenth Amendment. I devoted one post to each of these topics. Some were pretty short, and others were quite long and involved.

Next, I assigned letter grades to each of the two for each item, and at the end produced a weighted final grade. Weightings were necessary, because some of these civil liberties are obviously more important than others. You may be 110% behind gay marriage, but I doubt that even you think that gay marriage is more important then freedom of speech. If you do, you have my sympathies. But I’ll produce a spreadsheet at the end with all my calculations, and you can change the grades and the weightings if you disagree with any of my analysis.

Enough preamble. Let’s get down to it. How do our current Presidential candidates stack up regarding the First Amendment? Like last time, I’ll be looking at information from the First Amendment Center.

Let's quote the First Amendment as a refresher, before we start:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

We’ll start with President Barack Obama (D-USA):

The First Amendment Center is rather kind to Obama, in my opinion.

In its fourth year in office, the Obama administration has a mixed record on issues involving the First Amendment.

[…]

Previously confidential files and rules have since been released for public scrutiny. In 2009, the Justice Department made public the Bush administration 8/1/02 Interrogation Opinion, commonly known as the “torture memos.”

[…]

Still, critics have assailed the administration for not living up to its lofty standards, citing the Justice Department’s refusal to release information concerning domestic wiretapping and surveillance of tourists and U.S. citizens. The department justified the refusal on privacy and national security grounds, according to spokeswoman Tracy Schmaler.

Open-government activists also point to the president’s handling of the Gulf oil spill as an example of unnecessary secrecy. Despite an official government report in 2010 saying the disaster was worse than anticipated, the Obama administration initially presented an overly optimistic portrayal of the cleanup’s success.

[…]

News outlets, including the Associated Press, have criticized the speed with which the administration has met FOIA requests. In 2011, the administration received 544,360 requests but left more than 12,000 of them unmet. Of the cases reviewed, the government denied requests in more than a third of the cases. The administration maintains that it has released more information than past administrations.

[…]

However, relations between the president and religious groups have not always been harmonious. Catholic leaders recently lambasted the administration’s health-insurance mandates requiring religiously affiliated organizations to provide free contraceptive insurance coverage for female employees.

[…]

Though not restrictive of the press, the Obama administration has repeatedly criticized news outlets. The most notable flap occurred in 2009 when White House Communications Director Anita Dunn called the Fox cable network “a wing of the Republican Party.” The president has also sharply criticized news outlets for seeking to gain greater viewership by incorrectly portraying the Washington political scene as combative.

[…]

Reporters have criticized the administration for filing charges against government whistleblowers under the Espionage Act. Invoked six times, the act has drawn criticism for appearing to be a mechanism to hide government misuse of funds.

In 2010, the administration pressed charges against Thomas Drake, a former senior executive at the National Security Agency, for publicly voicing concerns that the government spent an unnecessary amount of money on software when it could have used a cheaper and more effective program.

[…]

In 2010, the president stood as one of the harshest critics of the Supreme Court’s decision in Citizens United v. Federal Election Commission. In the controversial case, the Court upheld the First Amendment rights of labor unions and corporations to fund campaign ads.

Allow me to sum up. The President has been good about disseminating previously “secret” information to the public, when it has furthered his agenda. He has waged war against the Catholic Church, and news organizations that have been critical of the administration, particularly Fox News. He has not pursued implementation of the Fairness Doctrine, which has surprised me. He does support hate crime legislation, which is in direct opposition to freedom of speech.

Finally, there have been numerous reports this year that the Obama administration is keeping an “enemies list” a la former President Richard Nixon (R-USA).

Try this thought experiment: You decide to donate money to Mitt Romney. You want change in the Oval Office, so you engage in your democratic right to send a check.

Several days later, President Barack Obama, the most powerful man on the planet, singles you out by name. His campaign brands you a Romney donor, shames you for "betting against America," and accuses you of having a "less-than-reputable" record. The message from the man who controls the Justice Department (which can indict you), the SEC (which can fine you), and the IRS (which can audit you), is clear: You made a mistake donating that money.

The WSJ may be engaging in a little bit of fear mongering here, but there’s no doubt that this is worrisome behavior from the White House. Still, it’s not like Obama is exposing secrets. All of the donor information is public record, and there’s nothing keeping Daily Kos or Huffington Post or whoever, from doing exactly what Obama has done. It’s just a little different, and a little scarier, when it comes directly from the head of the government.

That’s Obama. Now, let’s look at former Governor Mitt Romney (R-MA):

As Massachusetts governor from 2002 to 2006, Romney proposed legislation that would have exempted religious organizations from having to provide adoption services to same-sex couples.

[…]

In 2005, Romney abandoned plans to exempt Catholic-run hospitals from a state law that requires all hospitals to make the morning-after pill available to “each female rape victim.” Announcing his decision, he said, “I think, in my personal view, it’s the right thing for hospitals to provide information and access to emergency contraception to anyone who is a victim of rape.”

[…]

He did not support a bill to create 35-foot protest-free buffer zones around abortion clinics in his state. Within a year of Romney’s leaving office, his successor, Deval Patrick, signed the legislation.

In the area of campaign finance, Romney vetoed a 2006 bill that would have repealed a ban on printing, publishing or distributing any poster or circular “designed to aid or defeat any candidate for nomination or election to any public office” without identifying individuals who issued or were otherwise responsible for the publication.

Records from Romney’s service as governor became a source of controversy in the 2012 campaign when a Boston Globe article suggested that Romney’s administration tried to purge all e-mail records after his term. According to the report, members of the administration took computers with them and replaced e-mail servers. However, the Associated Press later reported, Massachusetts public-records law doesn’t apply to the governor’s office, so there appears to be nothing illegal in the computer removal. Romney said the messages were deleted because they may have contained confidential information. However, on Dec. 6, 2011, Massachusetts announced that previously closed records from the state’s archives would be made publicly available.

More on his time as head of the 2002 Winter Olympics in Salt Lake City:

At the time, Romney said he supported the designated free-speech zones to promote safety and ease traffic flow. Although the decisions regarding outside protesters fell on city officials, it was later reported that the Olympic committee asked the city to remove two protest zones — which were only large enough to hold 10 people each — located inside the Olympic square. An Olympic committee spokesperson denied that the group made the request.

In addition to the free-speech zones, Romney took a stance on public standards when he set a firm policy on what types of music to play during certain events. For instance, he prohibited music popular among snowboarders from the snowboarding competition because he deemed it too profane.

And as candidate Romney:

In the 2008 and 2012 campaigns, Romney has taken a few stances that directly involve First Amendment principles.

The strongest of these is his position against the McCain-Feingold campaign-finance law: He advocates its repeal.

[…]

In 2007, Romney said, “the American people should be free to advocate for their candidates and their positions without burdensome limitations.” Instead, he said he supports reforms “that promote transparency and disclosure, preserve grassroots activism and protect the ability to criticize or endorse current officeholders and candidates.” He calls McCain-Feingold “burdensome” and “riddled with shortcomings.”

[…]

On the 2012 campaign trail, Romney has continued to oppose campaign-finance regulations, supporting the ability of candidates to collect unlimited donations instead of allowing campaigns to be indirectly supported by money from super PACs. “Let campaigns then take responsibility for their own words,” Romney said in the Jan. 16, 2012, debate in South Carolina.

[…]

In remarks in April 2008, Romney described the goals of the Ocean’s Initiatives: “I’d like to see us clean up the water in which our kids are swimming. I’d like to keep pornography from coming up on their computers. I’d like to keep drugs off the streets. I’d like to see less violence and sex on TV and in video games and in movies. And if we get serious about this, we can actually do a great deal to clean up the water in which our kids and our grandkids are swimming.”

[…]

In the 2012 campaign, Romney has continued to speak in favor of religious freedom. After the Supreme Court unanimously ruled against a Michigan teacher’s challenge to her firing from a Lutheran Church-sponsored school in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, Romney voiced his support of the decision to the audience at a Faith and Freedom Coalition event in Myrtle Beach, S.C., saying, “We are very fortunate to have people who are willing to stand up for religious tolerance and religious liberty and the First Amendment of this Constitution in this country.”

Romney has expressed concern about the Obama administration’s treatment of religious liberty, criticizing the Department of Health and Human Service’s decision to require schools and hospitals, including those that are run by the Catholic Church and other faith groups, to cover contraception under their employee insurance plans.

I have to be honest here. Some of the information above surprised me. I’ve done this a few times now, and I generally keep tabs on First Amendment issues. So, I tend to know where major politicians stand regarding the First Amendment. Mitt Romney may be the most friendly major politician to the First Amendment that I’ve ever seen.

Yes, he did require Catholic hospitals to offer the morning-after pill, and he enforced free speech zones at the Olympics, as well as banning some music that he considered profane. Of the three, only the first is all that big of a deal. As the person in charge of the Olympics, his responsibility was to make sure that it went smoothly and was enjoyable to the spectators there as well as at home. His responsibility was not to make sure that people would be able to scream obscenities on national TV. Even with the first, he essentially is saying that religious hospitals can not refuse to provide emergency services based upon their faith.

I’m Catholic, and I’m opposed to the morning after pill and abortions. But from a practical standpoint, I understand his logic here. Still, it does impinge on the freedom of religion, and he’ll be docked a bit for it.

Those of you who read this series in 2008 will recall that I was extremely critical of Mr. Obama on this issue, eventually giving him an ‘F’ letter grade. I have since modified my stance, a little. While it’s clear to me that he’s been no friend of the First Amendment, he hasn’t quite turned out to be the enemy that I feared. Still, he did tell his supporters to “get in their faces” regarding Tea Parties and there is that enemies list.

Still, I’m going to raise his grade from last time, but I will be willing to reconsider, should his campaign start attacking free speech again.

Whew. That’s a lot. what about the grades?

Obama: D (subject to further review)

Romney: B (while he’s terrific compared to his peers, it’s hard to get an ‘A’ on this one)

First Amendment: Advantage Romney.

Results so far:

  Obama Romney
First Amendment D B

11 January, 2011

Violent Rhetoric



You’ve probably seen most of these already. I’m just posting this here so I’ll have it handy the next time liberals once again try to claim the moral high ground on violence and calmness.

From Paul Krugman, that person who is so worried about violent rhetoric from Sarah Palin:

A message to progressives: By all means, hang Senator Joe Lieberman in effigy.

Sarah Palin, hung in effigy.

 

Michelle Malkin gives us ‘The progressive “climate of hate”: An illustrated primer, 2000-2010’ which includes:

The progressive climate of hate: A comprehensive illustrated primer in 8 parts:

I. PALIN HATE
II. BUSH HATE
III. MISC. TEA PARTY/GOP/ANTI-TRADITIONAL MARRIAGE HATE
IV. ANTI-CONSERVATIVE FEMALE HATE
V. LEFT-WING MOB HATE — campus, anti-war radicals, ACORN, eco-extremists, & unions
VI. OPEN-BORDERS HATE
VII. ANTI-MILITARY HATE
VIII. HATE: CRIMES — the ever-growing Unhinged Mugshot Collection

Let’s not forget the death threats against President George W. Bush, (R-USA). Too many to excerpt. Follow the links.

How about a movie about the assassination of President Bush?

“Death of a President,” the documentary-style speculative fiction about the assassination of the 43rd President of the United States, is seamless, intelligent and maybe even necessary to an understanding of George W. Bush’s role in the world today[.]Jim Emerson on RogerEbert.com

And here are some liberal reactions to the AZ shooting (language warning):

 

Flopping Aces has a nice roundup of “tolerance” from the left, including:

Another nice rundown from the Greenroom @ HotAir.

After all, anyone who was awake through the last 10 years — as opposed to just the last 2 — knows that violent and hateful rhetoric has been a recurring theme of the left. But you would never know it from the establishment media. The death threats at anti-Bush rallies? The establishment media must have been out on an eight-year smoke break. Did they wring their hands over The Bush assassination porn in movies, books and art? Not really. When a man — an avowed MSNBC viewer — was convicted of threatening Rep. Ginny Brown-Waite (R-FL) in the aftermath of the healthcare debate, was there a concerted stroking of chins, or wagging of fingers? How about when a man made a bomb threat against a Republican fundraiser featuring Senate candidate Linda McMahon? When fmr. Rep. Paul Kanjorski (D-PA) suggested that Rick Scott, now the Republican Governor of Florida, be shot? How about when Sarah Palin’s church was burned down? (Aside: Imagine the media coverage had Obama’s church had been burned down.) How about when then-candidate Obama bragged that he would bring a gun to a knife fight? That was not condemned, but celebrated as scrappy an pop-culure savvy. The list goes on and on.

New Jersey’s Teachers Union Prays for Governor Chris Christie’s (R-NJ) death.

To wit, a memo sent out by the New Jersey Education Association stupidly contained the following prayer:

"Dear Lord: This year you have taken away my favorite actor, Patrick Swayze, my favorite actress, Farrah Fawcett, my favorite singer, Michael Jackson, and my favorite salesman, Billy Mays ... I just wanted to let you know that Chris Christie is my favorite governor."

Stay classy, liberals.

17 September, 2009

Today Is Constitution Day

222 years ago today, the U.S. Constitutional Convention signed and approved the U.S. Constitution.

222 years.

Can our Constitution last another 222 years? 222 months? 222 weeks? I’m pretty sure about 222 days, but less sure about any of the others.

Every school child is taught the preamble, and it’s worth quoting one more time:

We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

A great start, but we should all read the rest, and the Amendments. In particular, the President needs to read Article II, Section 2 and 3 to find out what’s within the scope of his job.

I have some interesting quotes coming soon from our Founding Fathers (yes, I’m not using the politically correct “Founders”) regarding the origins of the Constitution. You’ll want to see these, as they’ll really tell you what the Constitution is all about and you’ll see how much of the original intent has been lost over the years, by both Republicans and Democrats.

 

UPDATE: Senator Orrin Hatch (R-UT) has written an excellent article about the Constitution as well.

02 April, 2009

Where Have You Gone, Mr. Jefferson?

You’ve likely seen this video elsewhere, but given the focus of this blog on the Bill of Rights and the Constitution, I could hardly ignore it. Even has the obligatory “Gipper” segment for those of you wishing RWR was still in charge.

 

Watch this video now. Given the political leanings of Paul Simon & Art Garfunkel, I wonder how long we’ll have it around.

26 March, 2009

Congress Wants to Hold Hearings on the BCS

Wow, I’m so glad Congress is looking into this. This is such a great use of their time. And I’m sure Congress knows the best way to pick a national champion in football.

Seriously, am I the only one in the entire country that remembers the Tenth Amendment?

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Each and every elected official in Washington D.C., should have this plastered in a location where s/he is forced to read it several times a day.

22 September, 2008

The Candidates and Civil Liberties - The Final Grades

This is the thirty-fourth and final post in my series regarding the major Presidential candidates and their views on civil liberties. This is the most comprehensive investigation into these issues available on the web. This is not hubris or arrogance talking. I have literally combed through hundreds of speeches, thousands of newspaper articles, and thousands of internet resources to get this information. If there was anything better, or even anywhere nearly as good, I would've found it.

As I said in my original post in this series:

I read in a couple places that Libertarians support Barack Obama (D-IL) over John McCain (R-AZ) for President by a pretty hefty margin (53% to 38%). And while I question the validity of this poll for several reasons, at least one well-known Libertarian mulls an Obama endorsement.

Of course, Glenn Reynolds was kidding about the endorsement, and I was pretty sure he was, but it still piqued my curiosity. I wanted to find out which candidate really is "better" from a Libertarian perspective.

In the process I've learned much that I didn't know about both Obama and McCain. Some of what I learned about each was good, and some was bad. I've also learned how little I remember from my high school civics classes, and definitely have received a crash course in the U.S. Constitution and it's Amendments. Finally, I've learned that I'm not nearly as close to being a libertarian as I thought. There were many things I came up with that I tried to grade from a libertarian perspective, but that perspective was totally the opposite of my own.

It's taken me over two months to comb through all this information and write up my findings. I could write a book on this subject now. Some might say that I have already. :)

It's worth pointing out that I'm not a Constitutional lawyer, or a lawyer of any kind. Nor am I an economist. I have tried to look at things from a layman's perspective, and if I have misinterpreted any concept or any candidate's position on that concept, the fault is entirely mine.

So, where do the candidates stand?

Here are the individual results.


Obama McCain
First Amendment F D-
Second Amendment D- C-
Third Amendment B B
Fourth Amendment D+ D+
Fifth Amendment D+ B-
Sixth Amendment B B
Seventh Amendment C C
Eighth Amendment C B
Eleventh Amendment B+ B-
Thirteenth Amendment D+ B+
Fourteenth Amendment D+ C+
Fifteenth Amendment B B
Nineteenth Amendment B B
Twenty-First Amendment A- A-
Twenty-Third Amendment A- B
Twenty-Fourth Amendment B B
Twenty-Sixth Amendment B B
Taxes D B-
Abortion A+ D
National ID F F
Voter ID A+ F
Card Check F A+
Legalization of Drugs D+ F
Gay Rights A- D
Hate Crime Legislation F C
Growth of Government F A-
Property Rights B- A
Sovereign Rights C- B-
Ninth Amendment B- B
Tenth Amendment F D-

Now, before I can assign final grades, I need to discuss weightings. While each and every one of these rights are important, I doubt many people would weight "Card Check" the same as the First Amendment. So, I needed to come up with a way of "fairly" weight each an every grade.

Here's where we get to the most subjective part of this process. While I've tried to be as objective as possible while assigning grades, certainly the way I weight the individual items might be far different than how you would. I have a solution to that problem, which I'll discuss later.

The first thing I did was break the items up into groups. Here are the groups I ended up with.

Right Group Name
First Amendment Freedom of Speech
Second Amendment Guns
Third-Eighth Amendments "Other" Protected Rights (BoR)
Ninth-Tenth Amendments "Catch All" Protected Rights (BoR)
Eleventh, Twenty-First, Twenty-Third Amendment "Other" Amended Rights
Thirteenth-Fourteenth Amendments Abolition of Slavery
Fifteenth, Nineteenth, Twenty-Fourth, Twenty-Sixth Amendments Voting Rights
Taxes Taxes
Abortion, National ID, Voter ID, Card Check, Legalization of Drugs, Gay Rights, Hate Crime Legislation, Property Rights, Sovereign Rights "Other" Non-Amended Rights
Small Government Small Government

Once I had the groups, then I needed to assign weights to each group. Here's what I came up with.

Group Name Weighting
Freedom of Speech 3
Guns 3
"Other" Protected Rights (BoR) 2
"Catch All" Protected Rights (BoR) 2
"Other" Amended Rights 1
Abolition of Slavery 3
Voting Rights 2
Taxes 1
"Other" Non-Amended Rights 1
Small Government 1

So, the three most important things to me are Freedom of Speech, Guns, and Abolition of Slavery, each with weight 3. Right behind them are Voting Rights, The "Catch All" Protected Bill of Rights (9th-10th amendments) and the "Other" protected rights from the Bill of Rights, which have weight 2. The rest of the items each have a weighting of 1.

You may not agree with these weightings. I don't expect you to, frankly. I didn't "cook the books" though. These are the weightings I came up with before I ever started working on this series.

There's one final piece to the puzzle. I had to assign a numeric value to the letter grades, so I that I could do the necessary averaging. I used percentages and the numbers are below. I assigned a low end and a high end for each grade value, and the midpoint value is a calculated average of the low and high. For F, I artificially set the midpoint to 50. This was a decision I made which I admit is entirely subjective. What should an F be? 0? 59? 29.5 (midpoint of 0-59)? You can make arguments for any of these values. I chose 50 because I wanted to separate it quite clearly from D-, but not give too much of a penalty for one. This value is completely arbitrary and I admit it.

Grade Low End High End Midpoint Value
A+ 98 100 99
A 93 97 95
A- 90 92 91
B+ 87 89 88
B 83 86 84.5
B- 80 82 81
C+ 77 79 78
C 73 76 74.5
C- 70 72 71
D+ 67 69 68
D 63 66 64.5
D- 60 62 61
F 50 50 50

Note that setting the low and high end for F to 50 does not mean that 50 is the only legal value for F. Anything sub-60 is an F.

Enough on process. I'm sure you're all on pins-and-needles wondering what the final grades came out to be.

Well, here they are (scores in parentheses).

Obama: D+ (67)

McCain: C (76)

Advantage: McCain. (Note that I commented previously that McCain's First Amendment grade now appears to me to be too low. Raising it to a D+ raises his score by one point to a 77, which is a C+ rather than a C.)

As I mentioned earlier, there's a high degree of subjectivity in how the final grades are calculated. And, while I believe that I was fairly objective in the individual scores, you may disagree with one or more of those as well. I wanted to make it possible for you to adjust individual scores to your beliefs and the weightings as well to give your own final grades.

To that end, I have created a spreadsheet that has all my calculations and uploaded it here. You can download it and adjust the grades and weightings to your pleasure. Enjoy. I created the spreadsheet in Excel 2007, but saved it in the 97-2003 format. I have tested it in OpenCalc 2.4 as well. Cells that are highlighted are calculated values. Don't change those.

I have one final note. I've been asked several times about third party candidates. Let me be blunt. It took an enormous amount of my time to track down all this information on the two major candidates. I don't have the time to do every single candidate out there. In addition, the amount of information available for the third party candidates is orders of magnitude less. So, in my opinion, such an exercise for a candidate or candidates that have no chance of winning would be a complete waste of my time. If someone else wants to do the research work, I'll be happy to add their findings, but I'm not about to put any more work into this than I already have.

18 September, 2008

Obama Campaign Continues to Trample Upon the First Amendment

This is the thirty-third post in an ongoing series regarding the major Presidential candidates and their views on civil liberties.

In this post, I am forced, once again, to re-examine Senator Barack Obama's (D-IL) respect for the First Amendment.

Earlier, in this post, I lowered his grade from a C- to a D-. Here's what I said at the time.

In this example, we have one man attempting to use an arm of the federal government to shut down the voice of someone that's speaking out against him. This is exactly the kind of abuse of power that the founders were trying to prevent.

Due to these events, I'm forced to revisit Senator Obama's grade on the First Amendment and lower it. I am lowering it from C- to D-. I'm strongly tempted to give him an F, but I'm resisting on the feeling that I may be having somewhat of a knee-jerk reaction here. I'm giving him the benefit of the doubt, a benefit that I really don't think he deserves.

I discussed his campaign's continued trampling on the First Amendment also here, where I discussed his campaign's e-mails sent out to supporters to shut down the voice of Stanley Kurtz, a journalist investigating Obama's ties to terrorist Bill Ayers.

This is utterly despicable. The Obama campaign's response to criticism is to shut it down? Is this the kind of heavy-handed treatment we can expect from an Obama Presidency?

I didn't lower his grade again at that point, although I strongly considered it. What I decided to do was to wait. I told myself that if team Obama attacked the First Amendment once more, I would lower their grade to an F. It took a few weeks, but they didn't disappoint.

Much of Barack Obama's political success can be traced to a database listing contact information for millions of people, a tool that has proved invaluable in raising record sums of money and organizing a national volunteer network.
Now Obama's presidential campaign is increasingly using the list to beat back media messages it does not like, calling on supporters to flood radio and television stations when those opposed to him run anti-Obama ads or appear on talk shows.
It did so as recently as Monday night, when it orchestrated a massive stream of complaints on the phone lines of Tribune Co.-owned WGN-AM in Chicago when the radio station hosted author David Freddoso, who has written a controversial book about the Illinois Democrat.

As Jim Treacher says:

Having listened to the previous Milt Rosenberg show with Stanley Kurtz that got "Action-Wired" (which is available here), I can tell you what this translates to:

"We'll provide a page of talking points for you to spout at the host and his guest. Just read it from your screen. Unfortunately, we're unable to provide you with the necessary brainpower to keep up when the host asks you to explain the reasoning behind 'your' opinion, or poses any other question that isn't found in our script.

"But that isn't the point anyway. We just want to tie up their phone lines with thousands of angry calls, both to intimidate them and to prevent people with legitimate questions from getting through. Yes We Can... Shout Down All Blasphemers."

Frankly, I'm stunned that he can get away with this. I'm trying to imagine the reaction to President Richard Nixon (R-USA) sending out a call in 1973 to his supporters urging them to silence the voices of Woodward and Bernstein.

This is absolutely atrocious. If he's elected, is this how we'll see criticism of him and his policies handled? When there's a scandal involving the Executive branch, will he attempt to silence the investigators this way?

Anyway, his grade on the First Amendment has been officially lowered to an F.

Sadly, I'm starting also to realize that Senator John McCain's grade on this is far too low. I have him at a D-, and there's really no comparison between him and Obama on this issue. McCain should probably be a D+, but I'll leave it be for now.

13 September, 2008

The Candidates and the Tenth Amendment

This is the thirty-second post in an ongoing series regarding the major Presidential candidates and their views on civil liberties.

This post is about Senator John McCain's (R-AZ) and Senator Barack Obama's (D-IL) views pertaining to the Tenth Amendment of the Bill of Rights. This is the sister post to the one on the Ninth Amendment.

This will be the last post in the series that looks at the candidates records. The next and final post merely summarizes the preceding thirty-two posts and assigns a final grade.

Here's the text of the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

States Rights. Didn't we fight a war over this?

Anyway, neither Obama or McCain do very well in a discussion of states rights. Obama never remembers the Tenth Amendment, and McCain only seems to remember it when convenient.

Obama:

He's on the wrong side of the Tenth Amendment on abortion.

Obama is probably the closest thing there is to an "all abortion, all the time" candidate. He is a co-sponsor of the Freedom of Choice Act.

He's on the wrong side of the Tenth Amendment on National IDs.

Unfortunately, both Obama and McCain supported the "REAL ID" act. REAL ID isn't quite a National ID, but the difference is minimal.

He's on the wrong side of the Tenth Amendment on Voter IDs.

I led the opposition to photo identification requirements for voting.

He's on the wrong side of the Tenth Amendment on Card Check.

I support this bill because in order to restore a sense of shared prosperity and security, we need to help working Americans exercise their right to organize under a fair and free process and bargain for their fair share of the wealth our country creates.

He's on the wrong side of the Tenth Amendment on Gay Rights.

Employment Non-Discrimination:
Barack Obama supports the Employment Non-Discrimination Act and believes it should be expanded to include sexual orientation and gender identity.
Gay & Lesbian Adoption:

Barack Obama believes gays and lesbians should have the same rights to adopt children as heterosexuals.

He's on the wrong side of the Tenth Amendment on Hate Crime Legislation.

Barack Obama co-sponsored legislation to expand federal hate crimes laws to include crimes perpetrated because of sexual orientation and gender identity.

He's definitely on the wrong side of the Tenth Amendment on Growth of Government. His health care plan, energy plan, and education plan trample all over the Tenth Amendment. He's never met a federal spending program he didn't like.

But it's not just these items. A look at his Blueprint for Change shows that he favors larger, more intrusive federal government in every decision he makes. The Tenth Amendment isn't merely forgotten by Barack Obama, but literally destroyed.

Unfortunately, McCain isn't a whole lot better. I think this is part of the "Senate" disease. It also shows how much we screwed up creating the Seventeenth Amendment. Prior to ratification of the Seventeenth, Senators represented the states, and would hopefully stand up more for states rights. Now they represent the "people", and everything the Senate does is designed to extend their power and control over the "people" under the guise of assistance and compassion.

Anyway, McCain only remembers the Tenth Amendment where convenient.

Despite having nearly the opposite beliefs on abortion as Obama, he also falls on the wrong side of the Tenth Amendment. He would like to see Roe overturned, but has never mentioned (that I can find) turning such decisions over to the states.

He's pretty much the same as Obama on National IDs, and is therefore wrong, just like Obama.

For Card Check, it's difficult to say. He opposes the bill, but without invoking the Tenth as a reason.

On Voter IDs, Gay Rights, and Hate Crime Legislation, he's on the correct side of the Tenth Amendment. He correctly believes that these things are for the states to decide.

On Growth of Government, he's, if not good, at least a whole lot better than Obama. He definitely wants to reign in the growth of the federal government. That can only be a boon to states rights.

However, pretty much everything our Congress puts up for vote these days violates the Tenth Amendment in one way or another. The Constitution gives very few powers to the federal government, and yet we have a zillion different agencies and departments, many of which have received McCain's support. I'm looking for the Department of Homeland Security in the Constitution, and I don't see it. I don't see how one could look at the Constitution and support things like No Child Left Behind, either.

Grades:

Obama: F.

McCain: D-. Really, I wish I had an F+. D- seems too high a grade, but there is some difference between him and Obama. Just not much.

Tenth Amendment: Advantage McCain

Results so far:

Obama McCain
First Amendment F
D-
Second Amendment D- C-
Third Amendment B B
Fourth Amendment D+ D+
Fifth Amendment D+ B-
Sixth Amendment B B
Seventh Amendment C C
Eighth Amendment C B
Eleventh Amendment B+ B-
Thirteenth Amendment D+ B+
Fourteenth Amendment D+ C+
Fifteenth Amendment B B
Nineteenth Amendment B B
Twenty-First Amendment A- A-
Twenty-Third Amendment A- B
Twenty-Fourth Amendment B B
Twenty-Sixth Amendment B B
Taxes D B-
Abortion A+ D
National ID F F
Voter ID A+ F
Card Check F A+
Legalization of Drugs D+ F
Gay Rights A- D
Hate Crime Legislation F C
Growth of Government F A-
Property Rights B- A
Sovereign Rights C- B-
Ninth Amendment B- B
Tenth Amendment F D-

UPDATE: Obama's First Amendment grade lowered to F as documented in this post.

12 September, 2008

The Candidates and the Ninth Amendment

This is the thirty-first post in an ongoing series regarding the major Presidential candidates and their views on civil liberties.

This post is about Senator John McCain's (R-AZ) and Senator Barack Obama's (D-IL) views pertaining to the Ninth Amendment of the Bill of Rights. Both the Ninth and the Tenth Amendments are sometimes referred to as "the forgotten Amendments". Conservatives tend to forget about the Ninth more often and liberals tend to forget about the Tenth. I think many people regard the two amendments as in opposition to each other. But it's my opinion that they form a powerful tandem when viewed together.

I'm going to do one post on each, but I want to go over the text of both and what they mean together, first.

Here's the text of the Ninth Amendment:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

And here's the text of the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Before we get to analysis, I want to look at the purpose behind the Ninth. Originally, when the Bill of Rights was proposed, many of the Founding Fathers argued that such a document was unnecessary, and in fact, harmful. They felt that to put forth a list of rights of the people was to imply that these rights were granted by the government and not inalienable. They also felt that by listing these rights, an implication was made that other rights didn't exist.

Our founders were proven correct. How often do you hear people discuss the rights they've been given or granted by the Bill of Rights? Often. Even our illustrious news people make this mistake often. The Bill of Rights is set up to guard rights you already have, not grant new ones.

Now, why do I bring up both the Ninth and Tenth together? Here's an example. If you've been following along and paying attention to the items that discussed voting rights, you may have noticed that there is no protected enumerated right to vote in Presidential elections. The Ninth Amendment tells us that just because such a right isn't listed, doesn't mean we don't have it. But, the Tenth Amendment tells us that the States themselves have the power to deny or protect this right as they choose. States rights was a big item for our founders. It's only recently that this country has been called "the United States of America". In the founders time it was "these United States of America". That's an important difference.

So, how do we analyze how the candidates feel about these amendments? Well, in the case of the Ninth, we should look at whether the candidate feels that there's some non-enumerated right that does not exist and should be denied. The Tenth is easier. We just look for usurpation of state powers by the federal government.

My explanation of how to analyze the Ninth probably doesn't make much sense. Another example might help. You will often hear that issues such as abortion rights, gay rights, and privacy rights are protected by the Ninth Amendment. In my opinion that's only half right. The Ninth merely says that a person may have those rights. The Tenth Amendment says that such decisions are left to the states or the people.

So, if a candidate says that there's no federal right to gay marriage and that means that gays can't marry, he's attacking the Ninth Amendment. But if that candidate says that there's no federal right to gay marriage, and that the states themselves need to make that decision, he's not attacking the Ninth Amendment. On the other hand, if the candidate says that by virtue of the Ninth Amendment, there is a federal right to gay marriage, he's attacking the Tenth Amendment.

So, now we see how liberals and conservatives view these differently. Liberals forget all about the Tenth Amendment and want to use the Ninth Amendment to invent new rights out of whole cloth. While conservatives want to pretend that the Ninth Amendment doesn't exist and say that none of these rights exist.

This applies even more so to the various lefty and righty blogs out there where you see claims that various rights are guaranteed by virtue of the Ninth, or that these rights have no constitutional basis whatsoever.

I've left these two amendments for the last topics to be covered in hopes that I would discover information along the way that would tell me how the candidates feel about them. I was not as successful as I'd hoped.

Out of all the things that I covered, only one appears to be in direct conflict with the Ninth Amendment, and that's Obama's views on Card Check. Even this one is tenuous, because you could certainly argue that the right to secret ballot in union elections has nothing to do with any level of the government, state or federal. McCain gets a pass on Abortion Rights, Gay Rights, and Legalization of Drugs because he remembers to invoke the Tenth Amendment when discussing these issues. Not that either candidate does particularly well on the Tenth, as we will see.

Grades:

Obama: B-. We start at B because there's little info that Obama even realizes that such an amendment exists, and dock him once for Card Check.

McCain: B. He gets to keep his B because he's on the right side on Card Check.

Ninth Amendment: Advantage McCain

Results so far:
Obama McCain
First Amendment F D-
Second Amendment D- C-
Third Amendment B B
Fourth Amendment D+ D+
Fifth Amendment D+ B-
Sixth Amendment B B
Seventh Amendment C C
Eighth Amendment C B
Eleventh Amendment B+ B-
Thirteenth Amendment D+ B+
Fourteenth Amendment D+ C+
Fifteenth Amendment B B
Nineteenth Amendment B B
Twenty-First Amendment A- A-
Twenty-Third Amendment A- B
Twenty-Fourth Amendment B B
Twenty-Sixth Amendment B B
Taxes D B-
Abortion A+ D
National ID F F
Voter ID A+ F
Card Check F A+
Legalization of Drugs D+ F
Gay Rights A- D
Hate Crime Legislation F C
Growth of Government F A-
Property Rights B- A
Sovereign Rights C- B-
Ninth Amendment B- B

UPDATE: Obama's First Amendment grade lowered to F as documented in this post.

29 August, 2008

Defining Moments in Campaigns

Every campaign has a defining moment, it seems. This year's may have come this week, but it happened a long way away from Denver, CO.

In 2000, the defining moment for me was during the first Presidential debate between then Governor George W. Bush (R-TX) and Vice President Al Gore (D-USA). Gore was visibly exasperated with Bush and mocking and condescending during the entire debate.  He gave exasperated sighs often during Bush's responses and stood practically on top of him during several responses. It was disrespectful and childish. Not that I really had many thoughts about voting for Gore before then, but there was no chance after that. My wife and I watched the debate and she was considering Gore, and she became a Bush supporter overnight and has never regretted it.

In 2004, it was Senator John Kerry's (D-MA) infamous line, "I actually did vote for the $87 billion before I voted against it." I know the Democrats like to blame the Swift Boat vets, but for me the defining moment was that line. It gave conservative talk show hosts their best line of the campaign. They ran it relentlessly and it made Kerry look ridiculous. It didn't matter that he had good reasons for doing what he did or that he later explained the comment better. The damage had been done.

In 2008, the defining moment for me has been Senator Barack Obama (D-IL) campaign's response to the ad and investigation into the Obama-Ayers connection. To attempt to use an arm of the government to shut down opposition or to use your supporters to shut down a dissenting voice is beyond frightening. Perhaps I'm over-reacting here. I don't see quite the same amount of outrage on other blogs or news stories. Certainly, others have picked it up, including the Chicago Tribune, Instapundit, Politico, Powerline, and the DC Examiner, but reaction is generally subdued.

As for me, though, it's the defining moment. Even if I was in lock-step with Obama on every single issue, he would not get my vote after this. In fact, as soon as I finish writing this post, I'm going to make my first donation to the McCain campaign. There's a reason this blog is called "Chris of Rights". I believe strongly in the Bill of Rights and the protections contained in it, particularly the protection of freedom of speech. Candidates who want to shut down the voice of dissent must be stopped, whether they're Republican, Democrat, Independent, or even members of the Little Green Men Party.

I know that this is now the third time I've posted on this subject. I don't mean to keep harping on it, but in my opinion, the importance of this issue can not be over-stated.

26 August, 2008

Obama Shreds the First Amendment

Senator Barack Obama (D-IL) has asked the Department of Justice to step in and stop the airing of an ad from American Issues Project that ties him to terrorist Bill Ayers. He has also threatened station managers against airing the ad.

There's no doubt that it's a hard-hitting ad. You can see it below.

However, Obama has no reason to involve the DoJ other than the fact that he doesn't like the ad. He claims that that since the organization isn't listed as a 527 that it can't run political ads, but that's not true and he knows it. He just wants the ad shut down because he doesn't like what it says.

McCain-Feingold weighs heavily against Senator John McCain (R-AZ) when people are discussing the First Amendment, but in my mind this is far worse. McCain-Feingold at least tried to reign in the First Amendment through legislation, and required the cooperation of at least 50 other Senators, 218 Representatives, 1 President and eventually 5 Supreme Court Justices.

In this example, we have one man attempting to use an arm of the federal government to shut down the voice of someone that's speaking out against him. This is exactly the kind of abuse of power that the founders were trying to prevent.

Due to these events, I'm forced to revisit Senator Obama's grade on the First Amendment and lower it. I am lowering it from C- to D-. I'm strongly tempted to give him an F, but I'm resisting on the feeling that I may be having somewhat of a knee-jerk reaction here. I'm giving him the benefit of the doubt, a benefit that I really don't think he deserves.

I am also adding this post to my ongoing series discussing the candidates for President and their views on civil liberties. That makes this post the twenty-fifth in the series.

05 August, 2008

The Candidates and the Eighth Amendment

This is the ninth post in an ongoing series regarding the major Presidential candidates and their views on civil liberties.

This post is about Senator John McCain's (R-AZ) and Senator Barack Obama's (D-IL) views pertaining to the Eighth Amendment of the Bill of Rights. This amendment follows up on the Fifth, Sixth, and Seventh Amendment protections regarding courts of law and details protections dealing with punishments and incarcerations.

Here's the text:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Unlike many others, this one is nice and short and to the point. However, what constitutes "excessive"? What constitutes "cruel and unusual"? Without giving specifics, our founders left that (unintentionally, I believe) for the courts to decide.

So, before we can begin, we should look at defining some of these terms. Many of all political persuasions regard capital punishment as "cruel and unusual", and there's no doubt that one civil liberty is being revoked by capital punishment, the right to live. However, in over two centuries of cases, the U.S. Supreme Court has continually regarded this belief as inaccurate. Also, given that capital punishment is specifically mentioned in the Fifth Amendment, it's hard to believe that the founding fathers felt that capital punishment would constitute cruel and unusual.

It seems safe to say that torture would be classified as "cruel and unusual".

But, what about "excessive" fines and/or bail? How shall we define that? I don't know the answer to that. The only thing I can say as an absolute is that if you're in favor of "no limits" on fines and/or bail, then that seems to be allowing "excessive" ones as well.

Armed with our definitions, let's look at the candidates.

As usual, we'll start with Barack Obama.

The only thing I can find regarding excessive fines and/or bail is his support for the trial lawyers in civil cases. Since the Eighth Amendment is not specific as to whether it's discussing criminal or civil trials, I have to conclude that it applies to both. So, he appears to be opposed to "tort reform" and limiting the size of civil lawsuits.

Regarding, cruel and unusual punishment, he did come out opposed to the Supreme Court's ruling in Kennedy v. Louisiana, which stated that child rapists may not be executed in cases where the victim survives. While this has brought out angry criticism from the left, and many point to the Eighth Amendment, it fails the smell test for me. If the founders had wanted to deny capital punishment, they would've spelled it out.

In 2006, he opposed S. 3930, which approved US torture of detainees. However, this appears to be his only statement on the subject.

That's all I've got. So, let's look at John McCain.

I'm in a similar position regarding excessive fines and/or bail with McCain. In contrast, he has usually supported "tort reform", but not always.

He also opposed the decision in Kennedy v. Louisiana, but again, I question the relevance.

And he's been an outspoken critic of torture during his entire Senate career, with few compromises (not none) on this stance.

So, what do we have? Limited exposure from either camp, except for McCain on torture. But, there's enough there to drop both grades a little.

Grades:

Obama: C. I can't give him any higher because of his few statements, and his stances on "tort reform"

McCain: B. Without his flip earlier this year with regard to torture and the CIA, this would've been a B+. He gets high marks (generally) on limiting fines and on torture. His transgressions here are enough to keep his grade down somewhat.

Eighth Amendment: Advantage McCain

Results so far:

Obama McCain
First Amendment* F
D-
Second Amendment D- C-
Third Amendment B B
Fourth Amendment D+ D+
Fifth Amendment D+ B-
Sixth Amendment B B
Seventh Amendment C C
Eighth Amendment C B

* Obama's First Amendment grade lowered as documented in this post.

UPDATE: Obama's First Amendment grade lowered to F as documented in this post.

31 July, 2008

The Candidates And the Seventh Amendment

This is the seventh post in an ongoing series regarding the major Presidential candidates and their views on civil liberties.

This post is about Senator John McCain's (R-AZ) and Senator Barack Obama's (D-IL) views pertaining to the Seventh Amendment of the Bill of Rights. This amendment follows up on the Fifth and Sixth's discussion of criminal trials with civil trial protections.

Here's the text:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

As usual, we'll start with Barack Obama.

The only thing I can find about Barack Obama relating to civil trials relates to "tort reform". And he's been somewhat dichotic with respect to that, generally voting with the trial lawyers, but not always. However, despite my own opinions on tort reform, it does not generally appear to cross the boundaries into a Seventh Amendment issue, in my opinion.

Next to John McCain.

I had the same troubles with McCain, however there's much more on him with regards to "tort reform".

Senator McCain's record on tort reform is generally positive. These votes include:

  • Sponsored the Class Action Fairness Act of 2005 which sought to curb lawsuits by shifting suits from state to federal courts, by requiring judges to review all coupon settlements, and by limiting attorneys' fees in non-cash settlements[65]
  • Voted for a bill that would bar lawsuits against manufacturers, distributors, dealers and importers of firearms[66]
  • Voted for a bill that would place caps on damage awards in medical malpractice suits against obstetricians and gynecologists[67]
  • Voted for a motion to proceed to a bill that would cap non-economic and punitive damages in medical malpractice suits[68]

This generally positive record, however, is tarnished by Senator McCain's sponsoring of and outspoken support for the Patients' Bill of Rights,[69] which encouraged an increase in the number of frivolous lawsuits filed against healthcare providers. He also voted against the Litigation Uniform Standards Act, which limited the conduct of securities class actions under state law.[70]

There's some important stuff here and it does skirt around the edges of the Seventh Amendment. While he has placed caps on damages, he has also supported the 'Patients' Bill of Rights". He's hammered against "frivolous lawsuits" and and acted to restrict civil lawsuits against people acting in accordance with the law. But, the Seventh Amendment doesn't say anything about citizens having the right to make a civil claim, but only how civil claims should be handled.

This is a difficult case. In general, Obama's views on civil trials have sided with the plaintiff, and McCain's have sided with the defendant. But not always, as we see with the Patients' Bill of Rights. Either way, they're supporting one person's rights over another's.

But it's vague, as I said. You have to stretch a bit to make any of their statements or votes apply directly to the Seventh Amendment.

So, on to the grades.

Typically, if I can't find anything in my research that directly shows views contradictory to an amendment, I have given the candidate an A+. However, neither candidate seems to warrant such a grade in this case, since they have skirted around it. I've decided to knock them down just a bit.

Obama: B

McCain: B

I would've dropped McCain to a C without his support of the "Patients' Bill of Rights". Obama gets a B solely by virtue of his brevity of public service. Frankly, I'm not terribly comfortable with either of these grades, but I don't know what else to give them. If someone can provide additional information or make better arguments than I have, I'm certainly willing to listen and adjust their scores.


Seventh Amendment: No Advantage

UPDATE: Grades lowered per this post.

Results so far:

Obama McCain
First Amendment* F
D-
Second Amendment D- C-
Third Amendment B B
Fourth Amendment D+ D+
Fifth Amendment D+ B-
Sixth Amendment B B
Seventh Amendment C C

* Obama's First Amendment grade lowered as documented in this post.


UPDATE: Obama's First Amendment grade lowered to F as documented in this post.