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OfflinePhred
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Excellent speech from McCain
    #8369372 - 05/06/08 03:34 PM (15 years, 11 months ago)

I've said it before and I'll say it again -- no matter who wins the November 2008 election, the US is gonna be fucked for at least the next four years. All three of the candidates with any realistic chance of winning are absolutely terrible.

After much research and deliberation, I have come to the conclusion that the least terrible candidate is John McCain. Don't misinterpret me here -- I think McCain will make an absolutely terrible president. Far worse than George W. Bush. It's just that terrible as he is (and he is terrible, no doubt about it), Clinton and especially Obama are even worse.

In my opinion, the most important thing about McCain which leads me to award him the "least terrible" trophy is his attitude towards the judiciary in general and the Supreme Court in particular. It's a cast iron certainty that over the next four years there will be at least two Supremes retiring -- either through stepping down or dropping dead. That number could realistically be as high as four. While the country could probably survive four years with either Hillary or Barry as Chief Executive and Commander in Chief, it could not survive the next three or more decades of a Supreme Court packed with the Leftist legislators Hill or Barr would appoint.

Thus it was with great interest I read McCain's speech linked here --

http://michellemalkin.com/2008/05/06/bench-marks-mccain-the-gop-and-judges/

I strongly believe it is in the best interest of any American Shroomery member who intends to vote for president this year to carefully read this speech in its entirety. Seriously. Yeah, I know I sometimes kid around and exaggerate things for effect, but I am deadly serious and truly sincere about this issue. I strongly believe far too few voters have considered the ramifications of this incredibly important function of the presidency.





Phred


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Invisibledanknugz81
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Re: Excellent speech from McCain [Re: Phred]
    #8369488 - 05/06/08 03:59 PM (15 years, 11 months ago)

if you really think all 3 are terrible, why would you vote for any of them?

i'm voting for ron paul, if he's still on the ballad in november. if not, then i'll vote for obama.

we don't need any more "conservative" (read-neocon) judges on the supreme court - bush has appointed plenty already.

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OfflinePhred
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Re: Excellent speech from McCain [Re: danknugz81]
    #8369524 - 05/06/08 04:08 PM (15 years, 11 months ago)

Quote:

if you really think all 3 are terrible, why would you vote for any of them?




First of all, I'm not American, so I can't vote in the US election. Secondly, even if I were able to vote, I'd vote Libertarian.

But I realize my voting strategy is not the norm -- even amongst such non-standard voters as the denizens of this forum. The fact remains that far, FAR more of the Shroomery Political Discussion forum members will end up voting for either McCain or Hill/Barry than for all other third party candidates combined. You will note I was careful to refer to the three as the only remaining candidates with a realistic chance of becoming Prez.

Quote:

i'm voting for ron paul, if he's still on the ballad in november.




Ron Paul has no chance, neither does any of the third party candidates, so we can safely disregard their philosophies on judicial appointments.

Quote:

we don't need any more "conservative" (read-neocon) judges on the supreme court - bush has appointed plenty already.




So you didn't bother to read McCain's speech. Can't honestly say I'm surprised.





Phred


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Invisibledanknugz81
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Re: Excellent speech from McCain [Re: Phred]
    #8369568 - 05/06/08 04:19 PM (15 years, 11 months ago)

Quote:

Phred said:
Quote:

if you really think all 3 are terrible, why would you vote for any of them?




First of all, I'm not American, so I can't vote in the US election. Secondly, even if I were able to vote, I'd vote Libertarian.

But I realize my voting strategy is not the norm -- even amongst such non-standard voters as the denizens of this forum. The fact remains that far, FAR more of the Shroomery Political Discussion forum members will end up voting for either McCain or Hill/Barry than for all other third party candidates combined. You will note I was careful to refer to the three as the only remaining candidates with a realistic chance of becoming Prez.

Quote:

i'm voting for ron paul, if he's still on the ballad in november.




Ron Paul has no chance, neither does any of the third party candidates, so we can safely disregard their philosophies on judicial appointments.

Quote:

we don't need any more "conservative" (read-neocon) judges on the supreme court - bush has appointed plenty already.




So you didn't bother to read McCain's speech. Can't honestly say I'm surprised.





Phred




1. the only chance McCain has is if Billary succeed in splitting the party. although people say they will vote for mccain if the democratic candidate they support isnt nominated, but i do not feel this will actually be the case come november. but we shall see.

2. ron paul "has no chance" because of people like you, who refuse to vote for another option because they're scared they might "waste their vote." mccain's policies resemble the bush administration's. clinton's arent much different than mccain's and obama's arent much different than clinton's. doesn't really sound like much of a choice to me. so i'll give my vote to a candidate i actually believe in.

3. why bother reading it, when he'll have to clarify what he said 3 times in the next few days. mccain goes which way the wind shifts- he's a snake, who sold out all remaining principles he had when he hopped on the neo-conservative bush bandwagon. and he's senile.. who gives a fuck what he says.

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OfflineThe_Red_Crayon
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Re: Excellent speech from McCain [Re: Phred]
    #8369627 - 05/06/08 04:32 PM (15 years, 11 months ago)

Quote:

I've said it before and I'll say it again -- no matter who wins the November 2008 election, the US is gonna be fucked for at least the next four years. All three of the candidates with any realistic chance of winning are absolutely terrible.




Definitely got to agree with that, this has been the most dismal election ever.

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OfflineTheCow
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Re: Excellent speech from McCain [Re: Phred]
    #8369882 - 05/06/08 05:47 PM (15 years, 11 months ago)

oddly enough thats the same issue I care the most about, yet Im voting for obama :shrug:

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OfflinePhred
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Re: Excellent speech from McCain [Re: TheCow]
    #8370104 - 05/06/08 06:36 PM (15 years, 11 months ago)

So you think it's a good idea for the Supreme Court to be manned not by actual judges, but by legislators?

Do the world a favor and stay home on election day.




Phred


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OfflineTheCow
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Re: Excellent speech from McCain [Re: Phred]
    #8370129 - 05/06/08 06:42 PM (15 years, 11 months ago)

Quote:

Phred said:
So you think it's a good idea for the Supreme Court to be manned not by actual judges, but by legislators?

Do the world a favor and stay home on election day.




Phred



Scalia, (a conservative judge), has said that while he disagrees with abortion on a moral level, would always vote to keep it constitutional because there is nothing in the constitution to suggest otherwise. As far as I know hes the only so called conservative judge who feels this way, what constitutional reasons do the other conservative judges have for wanting it banned? Is this not legislating from the bench?

What specifically are you referring to when you say that liberal judges are legislators. Seems to me they are the ones opposed to government infringement on the bill of rights, in general of course.

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Offlinelonestar2004
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Re: Excellent speech from McCain [Re: Phred]
    #8370255 - 05/06/08 07:08 PM (15 years, 11 months ago)

Excellent indeed!

Here’s a snippet of his speech:


"I will look for accomplished men and women with a proven record of excellence in the law, and a proven commitment to judicial restraint. I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist — jurists of the highest caliber who know their own minds, and know the law, and know the difference. My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power. They will be men and women of experience and wisdom, and the humility that comes with both. They will do their work with impartiality, honor, and humanity, with an alert conscience, immune to flattery and fashionable theory, and faithful in all things to the Constitution of the United States."

John McCain


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama

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Invisiblejohnm214
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Re: Excellent speech from McCain [Re: TheCow]
    #8370825 - 05/06/08 09:01 PM (15 years, 11 months ago)

Quote:

TheCow said:
Quote:

Phred said:
So you think it's a good idea for the Supreme Court to be manned not by actual judges, but by legislators?

Do the world a favor and stay home on election day.




Phred



Scalia, (a conservative judge), has said that while he disagrees with abortion on a moral level, would always vote to keep it constitutional because there is nothing in the constitution to suggest otherwise. As far as I know hes the only so called conservative judge who feels this way, what constitutional reasons do the other conservative judges have for wanting it banned? Is this not legislating from the bench?

What specifically are you referring to when you say that liberal judges are legislators. Seems to me they are the ones opposed to government infringement on the bill of rights, in general of course.




naw, they all feel this way as far as I know. He means he wouldn't ban abortion on equal protection grounds.



Yeah, I really honestly think it won't be too big of a deal if either one gets in. If a democrat, it will just maintain the balance that has existed for a while now or restore the more liberal court.

A conservative would change things the most, though depending on who they are, they may not be too faithful to their previous record.

Both conservative and liberal judges (most of all of them) legislate from the bench.


Try and explain to me how the constitution doesn't guarnetee a gay guy equal marriage rights w/ a straight guy? Can't do it w/out contorting the constitution and deciding gay's aren't people, or going to some absurd legislative history/intent argument as lonestar did last time we discussed the issue.

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OfflinePhred
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Re: Excellent speech from McCain [Re: johnm214]
    #8370976 - 05/06/08 09:33 PM (15 years, 11 months ago)

Quote:

Try and explain to me how the constitution doesn't guarnetee a gay guy equal marriage rights w/ a straight guy?




It doesn't. The Constitution says nothing about it at all. Therefore, Tenth Amendment applies. It is a matter for the individual States, not for the federal government.




Phred


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Invisiblejohnm214
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Re: Excellent speech from McCain [Re: Phred]
    #8371031 - 05/06/08 09:43 PM (15 years, 11 months ago)

Well as a minimum I agree with you, thus a federal ban is out, not the "marriage protection act" or whatever, that's cool.

But equal protection, 14th amendment, seems to me to guarantee equal rights, and that's it, for me.

Scalia and the orgiinalists trade legislative history for what the words meant when they were passed, which I agree with completely, but then they add on, when convenient, the argument "no one understood the 14th amendment to apply to gays." So what? That doesn't show that the words "people" and "equal protection" don't apply to gays just cuz no one envisioned it if the words in their meaning include them.

I really think that position is untenable.


I also tend to side w/ some of the liberal justices more, however; I'll say that scalia is cool, and thomas sometimes. They at least are consistent, and I DO think they do a MUCH better job of not letting their individual feelings influence the cases than the more liberal justices do.

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Invisiblememes
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Re: Excellent speech from McCain [Re: johnm214]
    #8371247 - 05/06/08 10:32 PM (15 years, 11 months ago)

I think since the US is going to be fucked regardless, we need a head of state that will help change the way America is perceieved by the rest of the world. As a result, I think Obama is the right man for the job. Sure, he's just like every other candidate we'll ever get, but his middle name is hussein (sp?) and he's half black. On top of being born with the right genes (for this cirumstance), he can move a crowd with a speech.

Sure, he may not be the best man for the job - but none of the other candidates are leaps and bounds ahead (in that category) IMO.


Edit: these are my opinions, and only a shallow look into my political views, don't think that the extent of this post is the extent that I'm educated about these matters - this is just one opinion on one aspect of one election.

Edited by memes (05/06/08 10:33 PM)

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OfflinePhred
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Re: Excellent speech from McCain [Re: Phred]
    #8371407 - 05/06/08 11:19 PM (15 years, 11 months ago)

Am I and Lonestar the only ones who have actually read the speech that this thread is about?

How many of the rest of y'all even clicked on the link before making your posts, let alone read the whole thing?


Phred


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OfflineRedstorm
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Re: Excellent speech from McCain [Re: Phred]
    #8371932 - 05/07/08 05:05 AM (15 years, 11 months ago)

I liked the reference to Kelo. Other than that, I wasn't over-impressed. He said what he was supposed to, which I guess is good for a campaign, but I didn't think it was too special.

I would say it wouldn't be legislating from the bench to strike down anti-gay marriage laws. They all clearly "abridge the privileges or immunities of citizens of the United States" and are therefore unconstitutional and should be struck down.

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OfflineSeussA
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Re: Excellent speech from McCain [Re: Phred]
    #8371969 - 05/07/08 05:47 AM (15 years, 11 months ago)

> is his attitude towards the judiciary in general and the Supreme Court in particular.

This is a very good point. When I was younger, I always assumed that Democrats appointments to the Supreme Court would be better at protecting the People from the government by embracing the US Constitution while the Republican appointments would continually restrict the People (no abortion, no drug use, terry stops, etc) by ignoring what the US Constitution through intentional mis-interpretation.

However, when I went back and actually looked at the various ruling of the Supreme Court, I was absolutely floored. Except for one or two specific areas (abortion and drugs), the conservative appointments were the ones following the US Constitution while the liberal appointments were the ones that were changing the meaning of the US Constitution, for the worse, through creative interpretation.

For example, look up who supported the notion that the US Constitution allows government can take private property from one citizen and give it to another citizen. It wasn't the conservative appointments as I had originally assumed.

It was a real eye opener when I started digging into the various "bad" rulings.


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Offlineprototypical_man
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Re: Excellent speech from McCain [Re: Phred]
    #8372000 - 05/07/08 06:21 AM (15 years, 11 months ago)

Quote:

Phred said:
Am I and Lonestar the only ones who have actually read the speech that this thread is about?





Yeah.. I took the time to read it. Total waste.

You know when bush was elected, he claimed to be for small government.. That he was conservative, didn't believe in nation building...

Absolute power corrupts absolutely.. That includes putting your hand on the bible and swearing to protect the constitution when you have no intent of upholding it.. Not only have politicians lied to our faces, but they now live out complete backwards presentations of intent, living and breathing personalities they never really become. Not only do they go around enforcing doublethink.. They are practitioners!!


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Invisiblejohnm214
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Re: Excellent speech from McCain [Re: Seuss]
    #8372016 - 05/07/08 06:34 AM (15 years, 11 months ago)

yeah, though the conservatives have their insanities too.

Pretty much you can look at any case in which the government is involved and decide how the justices will vote:

Government vs. person (criminal): Liberals vote for person, conservatives vote for government
Government vs. buisness (criminal or civil): Liberals vote fore government, conservatives vote for buisness.


So in a way, both sides are pretty stupid.

In a way, the liberals are more dissapointing cuz while they have all these grand ideas, which I agree with mostly, about criminal defendants' rights, they'll through people under the bus if their w/ a buisness and being sued by the government.

And the fact that some of the conservatives refuse to recognize the plain language of the constitution: "equal protection" only means such and such, "due process" only means what it did in the late 1700's, et cet.


I do agree though that the liberals are scarey sometimes. I think Scalia is far more fair than people give him credit for. In fact he's very protective of civil liberties when they're clearly enumerated in teh constitution, something you don't hear much about. He voted to allow Hustler to get off scot free when they printed Falwell in the outhouse screwing his mother, voted to require warrants for thermal imaging, and voted consistantly to require that a jury, not a judge as many states tried to allow, had to find agravating factors increasing a sentance.

I like this quote:

Quote:


Q. Fortunately, the United States Supreme Court did have an evolving interpretation of the equal protection clause that did read it as prohibiting those vile practices.

A. (Scalia):
Well, that’s fine. The question is whether that’s right. The question is whether, whether, you can live with an evolving constitution. Once you say it evolves, it doesn’t depend what the people thought they were doing when they adopted it -- it evolves. Somebody is going to have to decide how it evolves. Why in the world would you want nine people from a very uncharacteristic class of society -- to whit, nine lawyers -- to decide how the constitution evolves? It means whatever they think it ought to mean!...

Someday, Nadine, you’re going to get a very conservative Supreme Court ... And you’re going to regret what you’ve done.



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Invisiblejohnm214
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Re: Excellent speech from McCain [Re: Phred]
    #8372055 - 05/07/08 07:00 AM (15 years, 11 months ago)

Quote:

Phred said:
Am I and Lonestar the only ones who have actually read the speech that this thread is about?

How many of the rest of y'all even clicked on the link before making your posts, let alone read the whole thing?


Phred




calm yourself


As to the text, one thing I really didn't like was the assertion that the judges are the worst abusers of the constitution. I think that is clearly the legislature's dubious honor, as I would imagine you, phred, would agree. I believe he's playing to the choir heard on talk radio of "activist judges" which is a pretty silly label as applied, and directed to decieve those who not only didn't click on your link, but haven't ever read a decision.

This comment was also stupid, and apparently entirely disingenuous:

Quote:

One Justice of the Court remarked in a recent opinion that he was basing a conclusion on “my own experience,” even though that conclusion found no support in the Constitution, or in applicable statutes, or in the record of the case in front of him. Such candor from the bench is rare and even commendable. But it was not exactly news that the Court had taken to setting aside the facts and the Constitution in its review of cases, and especially in politically charged cases. Often, political causes are brought before the courts that could not succeed by democratic means, and some federal judges are eager to oblige.




What do you think he was referring to? A judge who improperly decided an issue in a case based upon his own experience? You'd be wrong.

1st. : That opinion was a concurance, of no precedential value.
2nd.: The conclusion was of no relevance whatsoever to the case, or how the justice reached his decision, as shown in three, and
3rd.: That personal statement was a condemnation of the death penalty by Stevens, who is against it personally, written in a concurring opinion that sided with the majority in upholding the three drug coctail bullshit. It was written as an aside, to clarify that his holding was not to be construed as an endorsement of the death penalty, only that the challenge to it must fail.

McCain was clearly attempting to deceive here in this example, and I find it insulting. Here's what stevens actually said in the relevant portion of the concurance:

Quote:

In sum, just as Justice White ultimately based his con-
clusion in Furman on his extensive exposure to countless
cases for which death is the authorized penalty, I have
relied on my own experience
in reaching the conclusion
that the imposition of the death penalty represents “the
pointless and needless extinction of life with only marginal
contributions to any discernible social or public purposes.
A penalty with such negligible returns to the State [is]
patently excessive and cruel and unusual punishment
violative of the Eighth Amendment.” Furman, 408 U. S.,
at 312 (White, J., concurring). 19
IV
The conclusion that I have reached with regard to the
constitutionality of the death penalty itself makes my

decision in this case particularly difficult. It does not,
however, justify a refusal to respect precedents that re-
main a part of our law. This Court has held that the
death penalty is constitutional, and has established a
framework for evaluating the constitutionality of particu-
lar methods of execution. Under those precedents,
whether as interpreted by THE CHIEF JUSTICE or JUSTICE
GINSBURG, I am persuaded that the evidence adduced by
petitioners fails to prove that Kentucky’s lethal injection
protocol violates the Eighth Amendment. Accordingly, I
join the Court’s judgment.






Anyone else think the text above doesn't mesh w/ McCain's attack? I think its pretty deceptive and insulting...

I agree judge's shouldn't insert their own opinions into their rulings, but this is far from a unique occurance, was of no precedential value, as stevens knew when he wrote it, and cut against his ruling in the next paragraph. He clearly stated it was his own opinion, and that he disregarded it to reach his conclusion, which was obviously true.

Edited by johnm214 (05/07/08 07:08 AM)

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Offlinegluke bastid
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Re: Excellent speech from McCain [Re: Phred]
    #8372249 - 05/07/08 08:38 AM (15 years, 11 months ago)

I read the speech. I thought it was pretty good for a presidential hopeful, meaning the the ratio of empty, predictible rhetoric to examples and ideas was relatively low.

However, and I don't mean to be obtuse, its still not clear to me what an "activist judge" is. I mean yes, I understand the notion of legislating from the bench. But I don't really understand where you can draw the line between a judge doing his/her job vs. a judge "legislating." Is this all just a euphemism for the Roe V. Wade decision, or any decision that creates a Federal law in regards to an issue not addressed in the constitution?

Perhaps someone could clarify this for me, WITHOUT BEING NEEDLESSLY UNCIVIL, PLEASE, THANK YOU.

But all in all it read like a presidential speech. All I get is the impression that McCAin wants to appoint more Roberts and Alitos to blindly follow Scalia's conservative decisions, and has no interest in looking for a justice to sit on the bench who is non-partisan. :shrug:


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but government at its best is but a necessary evil
 
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