Congress Has Trampled on the Constitution

By: Terry Mitchell
Submitted: 2007-01-17 16:24:14
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A few weeks ago, The Senate passed a bill which increases indecency fines on TV broadcasters to a maximum of $325,000 per violation. Subsequently, it was sent to President Bush and he signed it into law.

However, it is destined to be struck down by the U.S. Supreme Court. It doesn't take a legal scholar to see that this new law obviously violates the Constitution's ban on excessive fines. Just think about it - a person who is convicted of running a red light, an act which puts people in danger of serious injury or death, is rarely fined more than $500. However, someone or some entity convicted of uttering one swear word on TV is now going to be fined $325,000? Where's the justice in that? Are we saying that a certain amount of red light-running, along with its resulting injuries and deaths, is to be tolerated while we enforce a zero-tolerance policy on TV indecency, which has never injured or killed a single person? Are morals more important than lives? Apparently, some people think so.

What's makes the proposed TV indecency sanctions look even more ridiculous is the fact that the maximum fine in most states for felony assault does not exceed $100,000. Is Congress trying to tell us that uttering a profanity during prime time is more than three times as bad as committing felony assault?

Of course, one might argue that the real reason for the high fines is because the lower fines could never get the broadcasters' attention and they have resulted in the networks continuing to broadcast indecent material during prohibited hours. Okay, but why don't we apply this same logic to red light-running? The current fines have not stopped people from doing this. Hundreds of people run red lights every single day. Why not impose fines of up to $325,000 every time someone runs a red light? Better yet, why not impose the death penalty? Now, that would stop people from running red lights. So, why don't we do it? Because it would be excessive and would violate the Constitution. The same would be true of the proposed new indecency fines.

Terry Mitchell is a software engineer, freelance writer, and blogger from Hopewell, VA. On his blog - http://commenterry.blogs.com - he posts commentaries on various subjects such as politics, technology, religion, health and well-being, personal finance, and sports. His commentaries offer a unique point of view that is not often found in mainstream media.

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