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Congressional Research Service Report for Congress: Presidential Claims of Executive Authority: History, Law, Practice and Recent Developments

By |2008-05-13T12:31:22-04:00May 13th, 2008|

“Presidential claims of a right to preserve the confidentiality of information and documents in the face of legislative demands have figured prominently, though intermittently, in executive-congressional relations since at least 1792. Few such interbranch disputes over access to information have reached the courts for substantive resolution, the vast majority achieving resolution through political negotiation and accommodation. In fact, it was not until the Watergate-related lawsuits in the 1970’s seeking access to President Nixon’s tapes that the existence of a presidential confidentiality Authority was judicially established as a necessary derivative of the President’s status in our constitutional scheme of separated powers. Of the eight court decisions involving interbranch […]

"Nearly all House GOPers back Pence's discharge petition on Fairness Doctrine", by Jackie Kucinich for The Hill

By |2008-03-25T02:16:31-04:00March 25th, 2008|

“One hundred ninety-four out of 200 House Republicans are backing the effort to block the anticipated revival of the Fairness Doctrine, which they believe is a tool Democrats will use to cut down on the number of conservative radio talk shows. The Fairness Doctrine was discarded by the Federal Communications Commission (FCC) during the Reagan administration in 1985. Not one Democrat has signed the petition, which requires 218 signatures to trigger a vote…”

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Department of Justice Web site: FISA 101: Why FISA Modernization Amendments Must Be Made Permanent

By |2008-03-24T23:47:06-04:00March 24th, 2008|

“FISA Amendments In The Protect America Act Of 2007 Remain Necessary To Keep Our Nation Safe: The Protect America Act modernized the Foreign Intelligence Surveillance Act (FISA) to provide our intelligence community essential tools to acquire important information about terrorists who want to harm America. The Act, which passed with bipartisan support in the House and Senate and was signed into law by President Bush on August 5, 2007, restores FISA to its original focus of protecting the rights of persons in the United States, while not acting as an obstacle to gathering foreign intelligence on targets located in foreign countries. By enabling our intelligence community to […]

Department of Justice Memorandum Opinion For The Attorney General (August 24, 2004): Whether the Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.

By |2020-04-23T21:53:44-04:00March 24th, 2008|

“The Second Amendment of the Constitution provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” You have asked for the opinion of this Office on one aspect of the right secured by this Amendment. Specifically, you have asked us to address the question whether the right secured by the Second Amendment belongs only to the States, only to persons serving in state-organized militia units like the National Guard, or to individuals generally. This memorandum memorializes and expands upon advice that this Office provided to you on this question […]

Congressman Mike Pence's (R-IN) Discharge Petition

By |2008-03-24T23:40:39-04:00March 24th, 2008|

“Following calls from many in Congress to reinstate the Fairness Doctrine, House Republicans have responded in force. As of today, every Republican in Congress has cosponsored the Broadcaster Freedom Act and millions who cherish the dynamic forum of American talk radio should be thankful. House Republicans know that bringing back the Fairness Doctrine would amount to government control over political views expressed on the public airwaves. The Broadcaster Freedom Act will prevent the FCC or any future President from reinstating the Fairness Doctrine. This legislation ensures freedom will remain the anthem of our radio airwaves…”

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Law Review: The Fairness Doctrine: A Solution in Search of a Problem, by Adrian Cronauer

By |2008-03-24T23:39:30-04:00March 24th, 2008|

“This Article examines the history of the Fairness Doctrine and the more common arguments offered in support of it. If the Fairness Doctrine, as interpreted by the Commission, upheld by the courts, and encouraged by Congress(note 1) were to be reinstituted, it would actually decrease the likelihood of public exposure to varying viewpoints by discouraging broadcasters from covering controversial issues. Furthermore, market forces are achieving the intended effect of the Fairness Doctrine without directly restraining broadcasters. Today’s media-rich environment and the concurrent evolution of individual media outlets catering to specific constituencies, has already allowed the “invisible hand” phenomenon to work in the marketplace of ideas, just as […]

Left-wing Censorship Campaign Targets Conservative Media by Cliff Kincaid for Accuracy in Media

By |2008-03-24T23:37:19-04:00March 24th, 2008|

“In his classic work about Washington double-standards that benefit the national Democratic Party, It Didn’t Start With Watergate, Victor Lasky described how Democratic administrations were guilty of some of the same things that forced the resignation of Republican President Richard Nixon, such as the use of “dirty tricks” against the opposition and compiling an “enemies list” of media critics…”

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