I Cogitate
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Your House of Representatives saving this country from...
The good ol' House of Representatives. The war in Iraq is out of control, global warming is here to stay, the medically uninsured in America is around 43 million. college tuition is becoming out of reach for many...and the House tackles the #1 problem in the United States
Treading where the weak dare not set foot, our United States House of representatives has passed The Public Expression of Religion Act - H.R. 2679 which denies attorneys who challenge government actions the ability to collect fees.
Ahhhhh, what a sense of relief. Don't you feel safer and more secure? Let's see, the House leadership could have subdued a pedophile in their ranks yet chose to enable him, all the while making sure they throw yet another crumb to their the godwalker and talker supporters first and foremost.
Next, Denny Hastert and his band of unreknown will tackle the next rampaging elephant in the living room, like banning loud vehicles from passing churches until services are over. Either that, or those determined ungodly by a Bush-appointed Star Chamber will be forced to wear the mark of Satan when they go outdoors. Hey, maybe Hastert will appoint Mark Foley to head the determining body as I hear he's out of work.
Here you go:
Legislating Violations of the ConstitutionTo read the rest, go here.
By Erwin Chemerinsky
Special to washingtonpost.com
Saturday, September 30, 2006
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.
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.
The attorneys' fees statute has worked well for almost 30 years. Lawyers receive attorneys' fees under the law only if their claim is meritorious and they win in court. Unsuccessful lawyers get nothing under the law. This creates a strong disincentive to frivolous suits and encourages lawyers to bring only clearly meritorious ones...
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