Monday, January 6, 2014

ALEC - Throws Mud at the Wall, Calls it Legislation

The 1996 voucher program in Cleveland led to a lawsuit over vouchers and religious freedom heard by Supreme Court in 2002

December 12, 2000|From Associated Press

CINCINNATI — Setting the stage for a possible Supreme Court ruling on the separation of church and state, a federal appeals court Monday declared Cleveland's school voucher program unconstitutional because it uses tax money to send students to religious schools.
America was not awake – we didn’t see the damage this would cause and
it ended up in front of  SCOTUS which chose to rule in favor of for-profit religious education.
SCOTUS decision said:
the city’s program did not violate the establishment clause.
vouchers don’t necessarily violate the First Amendment.

But things are changing
For 36 years ALEC was like a bunch of little kids playing in the mud in the barnyard.  They would write legislation, then throw it at the wall to see which ones would stick, which ones would actually become law.

No one knew what they were doing – or even who they were.
Ultraconservative – pro-business legislators that were being wined and dined, three times a year, in posh hotels and luxury resorts,
by corporate lobbyists, to write “model legislation” that favored business profits and revenues
instead of writing legislation "for the people" (human people).

ALEC was unknown
That was then - this is now.
Things are changing
Now – ALEC refuses to accept responsibility for the “model legislation” that they have helped to distribute to ALEC legislators across the US.
Now – ALEC refuses to accept responsibility for their part in bringing together legislators and corporate lobbyists behind closed doors.
Now – ALEC refers to ALEC as the “exchange” or the “council”
Now – ALEC refers to their “model legislation” as “policy”.
Now – ALEC "full membership shall be open to persons ...  dedicated to "limited representative government"

Now – all of their legislation through 2010 is available on ALECExposed so people can see where these vile bills are coming from.
ALEC legislators and ALEC corporate lobbyist members are still making believe that they are hotshot politicians - making believe that they are real politicians that write valid legislation (instead of lazy, ignorant politicians that pick up new pre-written legislation three times a year at ALEC meetings).

But in reality, ALEC members are still a bunch of little kids playing in the mud in the barnyard, writing vile legislation, then throwing  it at the wall to see which ones will stick.

Things are changing
Now the people are fighting back.

Rather than being ignorant about ALEC and letting ALEC legislators continue their vicious destruction of the USA , people are questioning the "model legislation/policies" that ALEC legislators are trying to push through their state houses.

And that's a very good thing.

But today - - - - maybe it's time to look at what is happening with some of that ALEC legislation/policy, distributed at ALEC meetings - - - - across the USA.

September 29, 2011
by Allison Padgett  |  September 29, 2011

In a serious blow to the anti-worker agenda of Gov. Jan Brewer and the state Legislature, a federal court judge recently ruled that Arizona’s paycheck deception law is unconstitutional.

modeled after legislation written by the conservative national group American Legislative Exchange Council (ALEC)

An ambitious voucher program in suburban Denver’s Douglas County was struck down as unconstitutional on August 12. Judge Michael A. Martinez of the District Court of Denver County found that the so-called “Choice Scholarship Pilot Program” violated the Colorado Constitution’s religious liberty provisions that ban the appropriation of public funds to religious schools, which are the vast majority of recipients. Martinez also held that the program violates Colorado’s Constitution and statutes that require educational funds to be spent on public education and under public control.

Although the U.S. Supreme Court held in Crawford v. Marion County Election Board that Indiana's relatively similar voter ID law did not violate the U.S. Constitution, the cases considered by Judges Flanagan and Niess were brought under the Wisconsin Constitution which, unlike the U.S. Constitution, expressly protects the right to vote.


Supreme Court rules most of SB 1070 unconstitutional, preserves right of police to check immigration status
July 9, 2012
The U.S. Supreme Court ruled on Arizona’s Senate Bill 1070 on Monday in a 5-3 decision, declaring several provisions of the law to be unconstitutional,  while preserving the provisions allowing for Arizona law enforcement officers to ask for documentation from those they believe might be in the country illegally.

Last November, Baton Rouge District Judge Tim Kelley shot down Jindal’s far-ranging school voucher program when he ruled it was unconstitutional for the state to use funds—about $25 million this year—dedicated for public education to pay private-school tuition

Then late last month, another Baton Rouge District Judge, William Morvant, ruled the administration’s 401 (k)-type pension plan scheduled to take effect July 1 for future state employees also was unconstitutional because it had passed the legislature by a simple majority vote and not by the necessary two-thirds majority.

Proponents point to the 10th Amendment of the U.S. Constitution, which says any powers not delegated to the federal government “are reserved to the states respectively, or to the people.”

In the eyes of most legal scholars, however, the efforts are unconstitutional.

“The states can’t simply choose to defy and override a valid federal law,” said Allen Rostron, a professor of constitutional law at the University of Missouri-Kansas City.

The U.S. Constitution deems federal statutes “the supreme law of the land,”

This article led to article named:
GOP Leaders in General Assembly Leaders Embrace Discredited Nullification Theories

February 27, 2013
A coalition of educators and community groups has filed a legal demand with the Washington Attorney General challenging the constitutionality of Initiative 1240, the state’s new charter school law.

The demand asserts I-1240, the Charter School Act, violates the Washington Constitution by improperly diverting public school funds to private non-profit groups

Jun 18, 2013
First off, great news! The lawsuit filed by Nebraska landowners challenging the constitutionality of the Keystone XL pipeline route in Nebraska is moving forward, after a decision issued last week.¹ Despite two attempts by the State of Nebraska to have our case thrown out, our claims that LB 1161 unconstitutionally granted exclusive authority to Gov. Dave Heineman to approve a pipeline route and give TransCanada eminent domain powers to seize our land will now go to trial.

July 23, 2013
by Common Dreams
Landmark Lawsuit Challenges 'Ag-Gag' Law
Animal welfare groups, individuals start legal fight against 'unconstitutional' Utah law that gags reporters and whistleblowers from documenting abuse

A group of animal rights groups and advocates filed a landmark lawsuit on Monday challenging Utah's "ag-gag" law as an unconstitutional attack on free speech and freedom of the press that criminalizes whistleblowers while shielding corporate agriculture.

states, largely through the efforts of the conservative American Legislative Exchange Council, have adopted similar laws

August 22, 2013
Missouri Sued for Defying Voters on Renewable Energy Law
Laura Beans | August 22, 2013
The lawsuit, filed by the Great Rivers Environmental Law Center, contends that the Joint Commission on Administrative Rules (JCAR)—a group of 10 Missouri legislators that reviews state rules and regulations—removed two important paragraphs in the law, allowing utilities an end run around the new renewable standard.

“JCAR’s action was not only unconstitutional, it was also an infringement on a state agency’s ability to have its own rules published, as well as an infringement on the people’s right to enact legislation by initiative petition,” said Heather Navarro of Missouri Coalition for the Environment.

Indiana “Right-To-Work” (for less) Ruled Unconstitutional
“INDIANAPOLIS (AP) — A Lake County judge has determined Indiana’s right-to-work law violates a provision in the state constitution barring the delivery of services “without just compensation.”

one-size-frack-all zoning provision, which sought to eliminate local community control of where and under what conditions the fossil fuel industry could operate.

A close examination suggests that an ALEC model bill is quite similar to the recently overturned Act 13.

    It is likely modeled after and inspired by an ALEC bill titled, “An Act Granting the Authority of Rural Counties to Transition to Decentralized Land Use Regulation.” This Act was passed by ALEC’s Energy, Environment, and Agriculture Task Force at its Annual Meeting in August 2010 in San Diego, CA.

In the past year, legislatures in seven western states - Utah, Arizona, Wyoming, New Mexico, Colorado, Nevada and Idaho - have passed, introduced, or explored legislation demanding that the federal government turn over millions of acres of federal public lands to the states,” according to a March report from the liberal Center for American Progress.

But as Utah’s own legislative analysts wrote at the time, Supreme Court precedent and the Constitution suggest that the law would be unenforceable.

Federal judge rules Florida’s welfare drug testing law unconstitutional
U.S. District Judge Mary Scriven ruled on Tuesday that Florida’s 2011 change to its welfare program, which mandates recipients undergo drug testing, violates the Fourth Amendment’s protection against unreasonable search and seizure and is thus unconstitutional.


A quick look at what is happening with some of the past ALEC legislation/policy, distributed at ALEC meetings and brought to your state to be introduced into law.
Not really impressive - throwing mud at the wall - not legitimate legislation. 

Going forward:
ALEC members are still like a bunch of little kids playing in the mud in the barnyard, 
pushing vile pro-corporate legislation, that could very well be unconstitutional at the state or federal level,
then throwing  it at the wall to see which ones would stick.

Did the legislation they threw at the wall in the past, all end up as unconstitutional?
Only time will tell.

In the past many pieces of ALEC "model legislation / policy"  were introduced and never critically reviewed for constitutionality - and ended up being law.  These past laws that weren't properly reviewed, for constitutionality - now can be used as precedence to pass other vile legislation.

Going forward:
It is the people's dedication and vigilance to stop ALEC legislation,
It is the people's dedication and vigilance that will determine history when it comes to the damage ALEC legislators will do to our country.

Going forward:
We must keep our attention on all legislation that is sponsored or co-sponsored by ALEC legislative members.  (Remember that is a partial list - ALEC members hide their membership because they are ashamed.)

Going forward:
We must challenge legislation sponsored or co-sponsored by ALEC legislative members – even amendments to standing law (ALEC’s new trick).  Remember - ALEC legislation very seldom serves "the human people" and there is a definable corporate profit / revenue reason for most legislation introduced by ALEC legislators for their "corporate people".

Going forward::
passed by an overwhelming majority
Means nothing in states that are ruled by ALEC
ALEC members are extremists who protect and support each other - cause of their extremist ultra-conservative, pro-corporate philosophies.

Going forward:
The unconstitutionality of the legislation merely amplifies the vile, abusive nature of the legislation.

Going forward:
Wherever you are, fight ALEC’s influence in your state!

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