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Boy Scouts' use of Balboa Park land ruled unconstitutional
San Diego Union-Tribune ^ | 7/31/03 | Ray Huard

Posted on 07/31/2003 11:22:36 PM PDT by lowbridge

Boy Scouts' use of Balboa Park land ruled unconstitutional

Judge says use violates separation of church and state
By Ray Huard
UNION-TRIBUNE STAFF WRITER
2:29 p.m., July 31, 2003

The Boy Scouts' lease of public land in San Diego's Balboa Park is unconstitutional, a federal judge decided in a ruling released Thursday.

U.S. District Judge Napoleon Jones Jr. said the Scouts' lease of the 18-acre Camp Balboa in Balboa Park violates provisions in the U.S. and state constitutions governing the separation of church and state.

Jones said the Boy Scouts are a religious organization because the Scouts require members to profess a belief in God.

The American Civil Liberties Union sued over the lease in August 2000 on behalf of a lesbian couple and an agnostic couple and their son.

Deputy City Attorney John Mullen issued a statement that said "the City Attorney's Office will analyze the decision and seek direction from the City Council."

The council will review the ruling in a closed session Tuesday, Mullen said.

A lawyer for the ACLU, Jordan Budd, said the council should cancel its lease with the Scouts unless the Scouts change their policies against admitting homosexuals and requiring members to express a belief in God.

"We believe it is long past time for the City Council to end its affiliation with this discriminatory organization and to keep open this public parkland for the use of all citizens of San Diego on a fair and equal basis and not just those citizens preferred by the Boy Scouts," Budd said.

The Boy Scouts have a 50-year, $1-a-year lease that is due to expire in 2007. The City Council in December renewed the lease at the Scouts' request for 25 years, with a city option to extend the lease an additional 15 years.

Under terms of the lease, the Scouts must spend $1.7 million over the next seven years to upgrade Camp Balboa. The Scouts also are required to pay the city an annual administrative fee initially set at $2,500.

In a press release, the Desert Pacific Council of the Boy Scouts of America expressed disappointment with the judge's ruling.

The council used its own money to construct and maintain Camp Balboa, according to the release, building nine camp sites, bringing water and power to the property, and building a swimming pool, parking lot, restroom and showers, meeting rooms, and a residence and office for a camp ranger.


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Miscellaneous; News/Current Events; US: California
KEYWORDS: aclu; athiests; balboapark; boyscouts; bsa; church; cubscouts; homosexualagenda; perversion; prisoners; purge; scouting; state; unconstitutional; underattack
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1 posted on 07/31/2003 11:22:37 PM PDT by lowbridge
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To: lowbridge
Napoleon A. Jones, Jr. (THE PREDICTABLE BIOGRAPHY OF A MONSTER)

U.S. District Court Judge Napoleon Jones graduated in 1967 with a master's degree in Social Work. Five years before the Africana Studies Department was established, Jones founded and became the first president of SDSU's Black Student Council. Additionally, Jones was a member of Kappa Alpha Psi which was the first African-American fraternity. In 1994, he was appointed by President Clinton to the United States District Court for the Southern District of California.

2 posted on 07/31/2003 11:26:07 PM PDT by friendly ((Badges?, we don gots to show no stinkin' badges!))
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To: lowbridge
http://www.jtbf.org/article_iii_judges/jones_jr_n.htm

"Judge Jones was appointed to the United States District Court for the Southern District of California by President Clinton on September 15, 1994."

So he was appointed by Clinton when the Dems controlled the Senate too, and there was no check on far left judges being appointed.

I guess that pretty much explains this particular ruling.
3 posted on 07/31/2003 11:27:32 PM PDT by swilhelm73
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To: swilhelm73
I can't wait until the Republicans control the White House and the Senate, then we might see some conservative appointments...oh, never mind.
4 posted on 07/31/2003 11:31:25 PM PDT by Jeff Chandler (This tagline has been suspended or banned.)
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To: lowbridge
That's it. I am so sick of these freaking demoniac wretches who hate God, His natural laws and anyone who is even attempting to offer a little respect to those laws. Who the hell does this stoopid judge think he is? What if a S&M leather transsexual atheist group wanted to use the park? Do you think the stoopid judge would let them? Two guesses.
Any ideas from anyone how to put righteous anger into useful action?
And to rub salt into it, in DC the Democraps "won't let" Bush's judicial nominees get voted on, or whatever the heck is going on. Don't the Republicans have spines? Or manly organs? What's going on there?
5 posted on 07/31/2003 11:32:09 PM PDT by First Amendment
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To: lowbridge
This is such total bull.
The land in Balboa Park is mere blocks away from
looney Hillcrest where the gay agenda that prompted this travesty thrives.
They can't make 'inroads' into the Boy Scouts so they
just take the land away.
It's sickening.
6 posted on 07/31/2003 11:32:34 PM PDT by b9
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To: lowbridge
LOL!!!
Democrat judges are funny, in a sick way.
How long until this corrupt simpleton's "ruling" is overturned?
7 posted on 07/31/2003 11:34:33 PM PDT by Lancey Howard
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To: Jeff Chandler
I can't wait until the Republicans control the White House and the Senate, then we might see some conservative appointments...oh, never mind.

Right.
Conservative appointments are one thing, confirmations are another and with the scumbags filibustering conservative appointments, we need a Senate GOP supermajority.

This mouse, Napolean Jones, was of course appointed by William Scumbag Jefferson Blythe Clinton.

8 posted on 07/31/2003 11:38:03 PM PDT by Lancey Howard
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Comment #9 Removed by Moderator

To: lowbridge
The Left-dominated courts are using religion as a weapon against ordinary citizens, in part, as retaliation for the recent removal/replacement of Bible Verses in the Grand Canyon, the Ten Commandments controversy in the Alabama Judicial Building and other judicial building in other states and in public squares, etc.
10 posted on 07/31/2003 11:39:59 PM PDT by Consort
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To: lowbridge
Isn't the Muslim youth camp (in Iowa, I believe) being built on federal land?
11 posted on 07/31/2003 11:41:49 PM PDT by Lijahsbubbe
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To: lowbridge; scripter; EdReform; *Homosexual Agenda
BUMP
12 posted on 07/31/2003 11:44:32 PM PDT by ppaul
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To: seamole; RJayneJ
Check out #9 ;-)
13 posted on 07/31/2003 11:51:28 PM PDT by JohnHuang2
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To: lowbridge
For me this sets the following precedent: if you profess a belief in (a) God, you are ineligible for any govt benefits.

Have I got this right?

hmmmmmm

Godspeed

14 posted on 07/31/2003 11:51:50 PM PDT by America's Resolve ("We have prepared for the unbelievers, whips and chains and blazing fires!" Koran 76:4)
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To: Lijahsbubbe
Isn't the Muslim youth camp (in Iowa, I believe) being built on federal land?

Doesn't matter, they'll probably be performing the federal government approved constitutional act of sodomy there making it OK.

15 posted on 07/31/2003 11:56:47 PM PDT by lewislynn
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To: pram
What if a S&M leather transsexual atheist group wanted to use the park? Do you think the stoopid judge would let them? Two guesses.

They would probably be blatent enough to dedicate a public school to them and discriminate against any others from attending! Oh, I'm sorry, thats New York.

16 posted on 07/31/2003 11:59:36 PM PDT by EGPWS
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To: lowbridge
U.S. District Judge Napoleon Jones Jr. said the Scouts' lease of the 18-acre Camp Balboa in Balboa Park violates provisions in the U.S. and state constitutions governing the separation of church and state.

Justice Jones violated the first amendment.

Justice Jones also violates the doctrine of separation of head and asshole.

17 posted on 08/01/2003 12:02:04 AM PDT by jwalsh07
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To: lowbridge
The Boy Scouts' lease of public land in San Diego's Balboa Park is unconstitutional, a federal judge decided in a ruling released Thursday.

You know, I bet many many americans were thinking just the same thing....

18 posted on 08/01/2003 12:02:12 AM PDT by HitmanLV (I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own.)
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To: friendly
U.S. District Court Judge Napoleon Jones

========================

Napoleon Jones?? Why does that immediately conjure up an image of an ante bellum house slave? You know, long time family retainer, touch of grey,...

"Now, Napoleon, when the guests arrive be sure and announce them formal like."
"Yes,'um. I knowed my duties."

Napoleon Jones. No wonder he's got that chip on his shoulder.

19 posted on 08/01/2003 12:03:32 AM PDT by yankeedame ("Born with the gift of laughter and a sense that the world was mad.")
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To: lowbridge
Member BSA bump.
20 posted on 08/01/2003 12:04:16 AM PDT by farmfriend ( Isaiah 55:10,11)
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To: lowbridge
I'd say that, having been let off the hook for 1.7 million dollars in improvements on a place they'd probably have been tossed out of sooner or later by Judge Jones and his pink commandos, the local Scout council is better off maintaining its policies and morality.
21 posted on 08/01/2003 12:04:22 AM PDT by MadJack
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To: America's Resolve
"For me this sets the following precedent: if you profess a belief in (a) God, you are ineligible for any govt benefits."

I was thinking the same thing.

It sounds like our courts want it so that people who believe in God can't have anything to do with the government, and the government can't have anything to do with people who believe in God.

I believe in God.

Does that mean I don't have to pay taxes to the government anymore? Separation of church and state you know.

22 posted on 08/01/2003 12:06:29 AM PDT by MIsunshine
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To: MIsunshine
I believe in God.

Does that mean I don't have to pay taxes to the government anymore? Separation of church and state you know.

Good one!

23 posted on 08/01/2003 12:09:29 AM PDT by First Amendment
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To: lowbridge
An other nail in the Davis coffen.
24 posted on 08/01/2003 12:17:55 AM PDT by fella
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To: yankeedame
I thought Napoleon Jones was the head pig in George Orwell's Animal House, the satirical version of Stalin... oops I guess Napoleon Jones is a big pig, a new Stalin.
25 posted on 08/01/2003 12:19:40 AM PDT by friendly ((Badges?, we don gots to show no stinkin' badges!))
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To: lowbridge
Just another reason why ALL judges should be elected.
26 posted on 08/01/2003 12:27:59 AM PDT by etcetera
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To: lowbridge; RJayneJ; Nick Danger; Lazamataz; kristinn; rdb3; mhking; Trueblackman; Grampa Dave; ...
"U.S. District Judge Napoleon Jones Jr. said the Scouts' lease of the 18-acre Camp Balboa in Balboa Park violates provisions in the U.S. and state constitutions governing the separation of church and state. Jones said the Boy Scouts are a religious organization because the Scouts require members to profess a belief in God."

By Jone's "logic", anyone professing a belief in God can have their lease or contract with the federal government cancelled by the first court that they see.

Thus, military contracts with God-fearing soldiers are now invalidated. Grazing leases with God-fearing ranchers are now invalidated. GI Bill scholarships for God-fearing students are now invalidated. Social Security for God-fearing retirees is now invalidated. Medicare for God-fearing patients is now invalidated, etc...

In his zest to promote the current Leftist fads of being anti-God and anti-straight, Judge Jones has just invalidated every possible government benefit and contract with 95+% of the American population.

But I doubt that the Left calls for his impeachment...

27 posted on 08/01/2003 12:28:59 AM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Southack
You are right on.

It seems it is now illegal to be christians in America.

How long will it take for them to start burning us on the stake. Or at least forced sterilization to keep those who forsake the constitution and believe in God.

It is obviously no longer One nation under God.
28 posted on 08/01/2003 12:36:30 AM PDT by ImphClinton
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To: lowbridge
Deputy City Attorney John Mullen issued a statement that said "the City Attorney's Office will analyze the decision and seek direction from the City Council."

I hope they're independent from the District Attorney's office, since DA Dumanis is a liberal lesbian. I really hope the city can do something for the Boy Scouts to go around this ruling or to appeal it, since the Scouts provide civic services that benefit the city and encourage a community environment (keeping kids out of crime).

29 posted on 08/01/2003 1:02:48 AM PDT by heleny
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To: swilhelm73
So he was appointed by Clinton when the Dems controlled the Senate too, and there was no check on far left judges being appointed.

Now there is.
The scumbags have taught the Republicans a very important lesson. From now on, should there ever again be a Democrat President and a Democrat Senate, liberal mice like Jones will simply be filibustered. Matter of fact, the Senate will eventually reach a point where there will be no judicial confirmations unless there is a Senate supermajority of the same party as the President.
Congratulations to the scumbag Democrats for that.

30 posted on 08/01/2003 1:03:09 AM PDT by Lancey Howard
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To: Lancey Howard
Oh come now, you know if the Dems retake the presidency and senate the Reps won't have the cajones to do this.

Further, the press and Dem party, but I repeat myself, would accuse them of subverting democracy, the Constitution, and plotting to kill old people.

31 posted on 08/01/2003 1:06:17 AM PDT by swilhelm73
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To: lowbridge
I believe in separation of head from sphincter when it comes to federal judges.
32 posted on 08/01/2003 1:11:19 AM PDT by CounterCounterCulture (IRRESPONSIBILITY: No single raindrop believes it is to blame for the flood)
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To: America's Resolve
For me this sets the following precedent: if you profess a belief in (a) God, you are ineligible for any govt benefits.

Hmmmmmmm! I guess I like it!

33 posted on 08/01/2003 1:18:26 AM PDT by Smile-n-Win (Just government means organized self-defense. A "compassionate" government is organized crime.)
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To: jwalsh07
Justice Jones also violates the doctrine of separation of head and asshole.

ROFLMB&HO

34 posted on 08/01/2003 1:19:54 AM PDT by Smile-n-Win (Just government means organized self-defense. A "compassionate" government is organized crime.)
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To: Southack
"professing a belief in God"

I wonder if this "idiot" judge has looked at those dollar bills in his pocket. They profess a belief in God.
"In God we trust"

Lets take away his money :)
35 posted on 08/01/2003 1:24:16 AM PDT by AlexW
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To: lowbridge
 

Portrait
  Napoleon A. Jones, Jr.

U.S. District Court Judge Napoleon Jones graduated in 1967 with a master's degree in Social Work. Five years before the Africana Studies Department was established, Jones founded and became the first president of SDSU's Black Student Council. Additionally, Jones was a member of Kappa Alpha Psi which was the first African-American fraternity. In 1994, he was appointed by President Clinton to the United States District Court for the Southern District of California.


Photograph from Del Sudoeste, 1962


36 posted on 08/01/2003 1:37:33 AM PDT by dennisw (G_d is at war with Amalek for all generations)
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To: lowbridge
Looks like the Scouts are going to have to find a new spot. I was wondering how long it would take before the queers prevailed in the courtroom. I earned about 1/3 of the merit badges I needed for Eagle Scout at Camp Balboa. The pool was open to EVERYONE. Ditto for most of the grounds. It's time for private organizations to purchase some land and sponsor the Scouts. Put it out of reach of the government and the queers. The church sponsored troops (Catholic & LDS) need to cooperate on this one. The PTA sponsored troops were kicked in the teeth in the early 90's. That's when I ditched United Way in favor of a direct donation to Friends of Scouting.
37 posted on 08/01/2003 1:46:19 AM PDT by Myrddin
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To: lowbridge
The left-wing assault on the Boy Scouts should be used as a political issue to damage the Democrat party. It's a case where Democrats are taking direction from extreme elements of their party against common sense and against a group, the Boy Scouts, that is one of America's cherished institutions. Is there anything crueler than a band of hate-mongering left-wing lawyers trying to make life difficult for some well-meaning kids? Like this case- they're being denied use of the park because a left-wing judge wanted to settle a political score. At very least, the RNC should be acquire the Boy Scouts of America mailing list, reach the parents, and have them share petitions with friends to redress the greivances caused by left-wing interest groups.
38 posted on 08/01/2003 1:56:48 AM PDT by jagrmeister
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To: lowbridge
No doubt this judge felt strong sexual urges as he made his ruling in revenge for his rejection by the Boy Scouts in his youth.
39 posted on 08/01/2003 2:46:05 AM PDT by muawiyah
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To: lowbridge
These anti christian demons keep it up it won't be wahabbiasm that overthrows America, it will be really pissed off Christians that are tired of being crapped on by activist judges.
Still can't believe more of these turd judges haven't been confronted either physically or even more harshly.
40 posted on 08/01/2003 2:48:11 AM PDT by Joe Boucher
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To: lowbridge
Bravo! Maybe I don't quite like the premise but the BSOA have been getting too much of a free ride from the City of San Diego on this land. It should've been put up for a *fair* bidding competion and wasn't.

At least this could end the "sweetheart" deal.

Realistically, I don't quite think this judgement will stand on the Church/State thing.
41 posted on 08/01/2003 2:57:59 AM PDT by newzjunkey
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To: newzjunkey
God knows it could be put to better use by fags or atheists.
42 posted on 08/01/2003 3:04:43 AM PDT by djf
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To: Southack
"By Jone's "logic", anyone professing a belief in God can have their lease or contract with the federal government cancelled by the first court that they see."

I don't think so. This is talking about an organization's requirements *and* (maybe more importantly) the "sweetheart" deal this lease represents. The Scouts aren't paying fair market value, didn't have to compete for the lease or anything. It's just about what the judge has indicted it for: the rubberstamp of approve from a government body because of an organization "values" which require a profession of faith from its members.

I have no problem with this slap down. I don't particularly care for the BSOA program nor this sort of gov't welfare or wink-wink endorsement of a particular set of faith-based values which are imposed upon the membership and the staff: must believe in God, must not be homosexual, etc.

Government is of *ALL* the People, not just the Christian Right and their pet organizations. Sorry.
43 posted on 08/01/2003 3:07:17 AM PDT by newzjunkey
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To: Southack
You are absolutely correct. First of all, this is a matter of contract, not law. And unless the government can prove it had a better deal, someone else bidding more, then it is outright discrimination. Based on religion. The governement can neither be inclined to nor reject doing business with a group, unless that group advocates something illegal.
44 posted on 08/01/2003 3:19:36 AM PDT by djf
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To: Southack
Irrespective of what some idjits say.
45 posted on 08/01/2003 3:20:42 AM PDT by djf
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To: lowbridge
Napoleon Jones' parents were a strong influence in his life. His parents, who migrated from the south looking for a better life for their children, were God fearing people who did not believe in the word "can't." Judge Jones, who grew up in a predominately African-American community, was inspired to become a lawyer after observing and experiencing many injustices. Based on those experiences, he was motivated to seek out a profession where he could help others and pursue justice.

Prior to attending law school, Jones was a social worker in Foster Home Placement and Child Protective Services. After graduating from law school in 1971, he worked for the California Rural Legal Assistance. Subsequently, he went into private practice. Judge Jones became the second African-American in San Diego County appointed to the State bench, and the second African-American judge appointed to the United States District Court for the Southern District of California.

Judge Jones believes that the greatest benefit of being a judge is creating an atmosphere where justice can be pursued. He advises those aspiring to be lawyers or judges to be prepared "to work for it." In particular, Judge Jones emphasizes the importance of developing reading, writing and comprehension skills. He also believes that patience and compassion are indispensable to justice.

Judge Jones is a member of numerous professional organizations including the California Judges Association, National Association of Women Judges, San Diego County Bar Association, Earl B. Gilliam Bar Association, California Black Attorneys Association and National Bar Association. His civic and community affiliations include Sigma Pi Phi Fraternity, Kappa Alpha Psi Fraternity and NIa-UMOJA Valencia Park Elementary School. Additionally, Judge Jones is a Board Member of both the University of San Diego Board of Visitors and the San Diego City College Foundation. He has also published several scholarly articles and has received dozens of honors and awards.
46 posted on 08/01/2003 3:42:02 AM PDT by geros
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To: lowbridge
The federal judiciary's enlistment on behalf of one side in the culture war continues.
47 posted on 08/01/2003 3:43:04 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
culture war

I heard Savage on the radio for the first time last night. He must have used this term 50 times. Reminds me of "Jihad". Bush and the Pope in battle armor. That will fizzle in no time, I think. We're going down and the government is doing everything it can to bring it about.

48 posted on 08/01/2003 3:46:44 AM PDT by Glenn (What were you thinking, Al?)
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To: Jeff Chandler
Republicans control the White House and the Senate, then we might see some conservative appointments

I have yet to see anything truly conservative out of the Republicans. King George II has yet to veto any spending bill, has expressed his support for the vile and unconstitutional Sweinslime semiauto ban. Has pushed more school and farm spending (read plunder the pockets of the rest of us to pander to these special interests) Yep Republicans sure are conservative - not

49 posted on 08/01/2003 3:53:30 AM PDT by from occupied ga (Your government is your enemy, and Bush is no conservative)
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To: geros
Napoleon Jones' parents ...

You left out the part where he walked on water.

50 posted on 08/01/2003 3:54:53 AM PDT by from occupied ga (Your government is your enemy, and Bush is no conservative)
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