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	<title>Brandon Staggs .Com &#187; constitution</title>
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	<link>http://www.brandonstaggs.com</link>
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		<title>Supreme Court Actually Reads Constitution</title>
		<link>http://www.brandonstaggs.com/2008/06/26/supreme-court-actually-reads-constitution/</link>
		<comments>http://www.brandonstaggs.com/2008/06/26/supreme-court-actually-reads-constitution/#comments</comments>
		<pubDate>Thu, 26 Jun 2008 15:37:53 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[constitution]]></category>
		<category><![CDATA[guns]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/?p=366</guid>
		<description><![CDATA[Well, I&#8217;m sure everybody who cares has heard by now that the Supreme Court has affirmed that an individual has the right to own guns, and that the individual right doesn&#8217;t have anything to do with military service.
So today we had a &#8220;duh&#8221; ruling.  This is so obvious that one has to wonder when [...]]]></description>
			<content:encoded><![CDATA[<p>Well, I&#8217;m sure everybody who cares has heard by now that the Supreme Court has affirmed that an individual has the right to own guns, and that the individual right doesn&#8217;t have anything to do with military service.</p>
<p>So today we had a &#8220;duh&#8221; ruling.  This is so obvious that one has to wonder when the four dissenting judges are going to be impeached by Congress for blatantly denying Constitutional rights.</p>
<p>What should worry people who care about the Constitution is that this was a 5-4 ruling.  That means that there was actually a &#8220;swing vote&#8221; over such an obvious and clear right protected by the Bill of Rights.  That means that it would only take one Constitutionalist judge being replaced by a liberal to erase this obvious, clear right from existence.</p>
<p>I won&#8217;t bore people with more punditry &#8212; it&#8217;s all been said.  I&#8217;m glad that the Supreme Court has affirmed an obvious fact, and struck down an obviously unconstitutional law. I&#8217;ll be happy about that and shut up now.</p>
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		<title>US Supreme Court of Scientists: Exhalers are polluters</title>
		<link>http://www.brandonstaggs.com/2007/04/02/us-supreme-court-of-scientists-exhalers-are-polluters/</link>
		<comments>http://www.brandonstaggs.com/2007/04/02/us-supreme-court-of-scientists-exhalers-are-polluters/#comments</comments>
		<pubDate>Mon, 02 Apr 2007 22:41:00 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[constitution]]></category>
		<category><![CDATA[enviromentalism]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[stupid]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/wptest/?p=299</guid>
		<description><![CDATA[The US Supreme Court has a new diktat for us. Are you ready for this?
Here we go: Carbon Dioxide is a pollutant.
This interesting molecule, without which life on earth would not exist, has been shafted by the US Supreme Court. And I felt sorry for Pluto. This beats what happened to Pluto by a mile.
The [...]]]></description>
			<content:encoded><![CDATA[<p>The US Supreme Court has a new diktat for us. Are you ready for this?</p>
<p>Here we go: <a target="_blank" href="http://www.cnsnews.com/ViewNation.asp?Page=/Nation/archive/200704/NAT20070402b.html">Carbon Dioxide is a pollutant</a>.</p>
<p>This interesting molecule, without which life on earth would not exist, has been shafted by the US Supreme Court. And I felt sorry for Pluto. This beats what happened to Pluto by a mile.</p>
<p>The problem with this ruling is not the absurdity of calling CO2 a pollutant (which is certainly absurd), but is, yet again, the US Supreme Court ignoring their Constitutional role and pretending to be legislators.</p>
<p>The Supreme Oligarchy essentially decided that Congress erred in not including CO2 in the list of &#8220;pollutants&#8221; that the EPA is charged with regulating, so they decided to simply amend the law by fiat.</p>
<p>When are people going to wake up and realize that the United States is no longer a country of law, but one of authority? This is not the government described by the Constitution.</p>
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		<title>The Supreme Court, free speech, and McCain</title>
		<link>http://www.brandonstaggs.com/2007/01/22/the-supreme-court-free-speech-and-mccain/</link>
		<comments>http://www.brandonstaggs.com/2007/01/22/the-supreme-court-free-speech-and-mccain/#comments</comments>
		<pubDate>Mon, 22 Jan 2007 17:29:00 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[constitution]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/wptest/?p=293</guid>
		<description><![CDATA[The US Supreme Court is going to hear a campaign finance case. The McCain-Feingold law is one of the most free-speech-infringing pieces of legislation ever to come out of Congress, telling Americans what they can and can&#8217;t say about politicians during election periods. A weak Republican congress, and a president who forgot his veto pen, [...]]]></description>
			<content:encoded><![CDATA[<p>The US Supreme Court is going to hear a <a target="_blank" href="http://www.abcnews.go.com/Politics/wireStory?id=2808716">campaign finance case</a>. The McCain-Feingold law is one of the most free-speech-infringing pieces of legislation ever to come out of Congress, telling Americans what they can and can&#8217;t say about politicians during election periods. A weak Republican congress, and a president who forgot his veto pen, all assumed the &#8220;bad parts&#8221; would be struck down by the Supreme Court. <a target="_blank" href="http://www.heritage.org/Press/Commentary/ed121503b.cfm">That didn&#8217;t happen in 2003</a>, but maybe this time it will. Let&#8217;s hope so.</p>
<p>And, if you&#8217;re a Republican voting in a primary, remember that McCain doesn&#8217;t think Americans should have the right to pool their resources during election time to support politicians and issues, and oppose politicians and issues, without restrictive guidelines that <strong>he</strong> sets.</p>
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		<title>The Clowns of the Courts</title>
		<link>http://www.brandonstaggs.com/2004/02/19/the-clowns-of-the-courts/</link>
		<comments>http://www.brandonstaggs.com/2004/02/19/the-clowns-of-the-courts/#comments</comments>
		<pubDate>Thu, 19 Feb 2004 22:26:00 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[constitution]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/wptest/?p=176</guid>
		<description><![CDATA[Last year, the elected Supreme Court Chief Justice of Alabama was told by a federal appeals court judge to remove a piece of furniture from his courthouse. In that case, no law was being broken, and the Judge Moore’s refusal to comply cost him is position. [See Rule of Law verses Rule of Judges]
Now, in [...]]]></description>
			<content:encoded><![CDATA[<p>Last year, the elected Supreme Court Chief Justice of Alabama was told by a federal appeals court judge to remove a piece of furniture from his courthouse. In that case, no law was being broken, and the Judge Moore’s refusal to comply cost him is position. [See <a href="http://www.brandonstaggs.com/rule-of-law-rule-of-judges.html">Rule of Law verses Rule of Judges</a>]</p>
<p>Now, in San Francisco, the mayor has ordered that marriage licenses be given to homosexual couples, despite the fact that California citizens voted overwhelmingly to make it law that a marriage is between one man and one woman. In this case, the mayor is clearly breaking the law, and no legal or constitutional acrobatics are necessary to realize that. Unlike in the Alabama Ten Commandments issue, there is a clear law on the books in California prohibiting what is being allowed in San Francisco.</p>
<p>And yet, nothing is being done. It is in fact the responsibility of the governor of California to oversee the execution of California’s laws. However, Governor Schwarzenegger has simply issued a statement that he “encourages” San Francisco officials to abide by the law. How nice… and the courts? They are allowing this show to go on for a while because someone misplaced a semicolon in a legal filing. Perhaps the California courts will eventually affirm that the marriage licenses in question are invalid, but the damage has been done.</p>
<p>What we have here is a clear and blatant double-standard. Where Judge Moore broke no law and merely did not bow to the whim of an activist judge, the mayor of San Francisco is openly defying a law recently passed by the majority of California voters, and getting away with it. Whereas Judge Moore could be attacked and vilified because he was upholding what he believed was the foundation of law in Alabama, Mayor Gavin is untouchable because his cause is politically correct and designed to completely dismantle the traditional definition of a family unit.</p>
<p>If this continues and so-called “gay marriage” eventually becomes legal in the US, a government marriage license will be utterly meaningless.</p>
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		<title>Supreme Court agrees with Congress: No Free Speech for You</title>
		<link>http://www.brandonstaggs.com/2003/12/10/supreme-court-agrees-with-congress-no-free-speech-for-you/</link>
		<comments>http://www.brandonstaggs.com/2003/12/10/supreme-court-agrees-with-congress-no-free-speech-for-you/#comments</comments>
		<pubDate>Wed, 10 Dec 2003 22:50:00 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[congress]]></category>
		<category><![CDATA[constitution]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/wptest/?p=155</guid>
		<description><![CDATA[The US Supreme Court today upheld restrictions on political speech, such as restrictions on advertisements before an election. It&#8217;s a natural progression, of course, since true freedom of religious speech and association was done away with a few decades ago. Well, the first amendment was getting old anyway. [Article] Freedom of political speech isn&#8217;t important [...]]]></description>
			<content:encoded><![CDATA[<p>The US Supreme Court today upheld restrictions on political speech, such as restrictions on advertisements before an election. It&#8217;s a natural progression, of course, since true freedom of religious speech and association was done away with a few decades ago. Well, the first amendment was getting old anyway. [<a target="_blank" href="http://apnews.myway.com/article/20031210/D7VBJPD00.html">Article</a>] Freedom of political speech isn&#8217;t important these days, I suppose &#8212; but we can hang on to the first amendment for perverts and vulgar pop stars or the f-word on broadcast television, since they were the ones the first amendment was meant to protect anyway.</p>
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		<title>The cowardly court</title>
		<link>http://www.brandonstaggs.com/2003/11/03/the-cowardly-court/</link>
		<comments>http://www.brandonstaggs.com/2003/11/03/the-cowardly-court/#comments</comments>
		<pubDate>Mon, 03 Nov 2003 19:08:00 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[constitution]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/wptest/?p=142</guid>
		<description><![CDATA[The cowardly court: The US Supreme Court today refused to weigh in on the Ten Commandments monument case involving Judge Roy Moore, allowing an absurd ruling by a lower court to stand. This is cowardly because the court is refusing to clarify why it is okay for the Supreme Court to have the Ten Commandments [...]]]></description>
			<content:encoded><![CDATA[<p><strong>The cowardly court:</strong> The US Supreme Court today refused to weigh in on the Ten Commandments monument case involving Judge Roy Moore, allowing an absurd ruling by a lower court to stand. This is <em>cowardly</em> because the court is refusing to clarify why it is okay for the Supreme Court to have the Ten Commandments plastered in it&#8217;s own courtroom just behind the chief Justice, but not okay for an elected chief Justice in a State Supreme Court to place a monument in his courthouse. [<a target="_blank" href="http://www.cbsnews.com/stories/2003/09/04/national/main571667.shtml">Article</a>] Also: <a href="http://www.brandonstaggs.com/rule-of-law-rule-of-judges.html">Why I think this is a stupid ruling</a></p>
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		<title>Supreme Court: Stillbirth Murder</title>
		<link>http://www.brandonstaggs.com/2003/10/06/supreme-court-stillbirth-murder/</link>
		<comments>http://www.brandonstaggs.com/2003/10/06/supreme-court-stillbirth-murder/#comments</comments>
		<pubDate>Tue, 07 Oct 2003 00:46:00 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[abortion]]></category>
		<category><![CDATA[constitution]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/wptest/?p=129</guid>
		<description><![CDATA[The Supreme Court has already invented a constitutional right to privacy, a &#8220;right&#8221; that has led to legal abortion, the striking down of sodomy laws, etc. Proof that such a &#8220;right&#8221; is absurd, the court still upholds laws and rulings that interfere with this so-called right &#8212; such as not allowing private, personal drug use, [...]]]></description>
			<content:encoded><![CDATA[<p>The Supreme Court has already invented a constitutional right to privacy, a &#8220;right&#8221; that has led to legal abortion, the striking down of sodomy laws, etc. Proof that such a &#8220;right&#8221; is absurd, the court still upholds laws and rulings that interfere with this so-called right &#8212; such as not allowing private, personal drug use, prostitution, etc. But even more paradoxical is that the same court that has determined that this right means that a woman should be allowed to kill her unborn children, even late-term by having a doctor sever the child&#8217;s spinal cord and then extract the corpse from her womb, now is allowing a &#8220;stillbirth murder&#8221; ruling to stand. [<a target="_blank" href="http://www.csmonitor.com/2003/1007/p02s01-usju.html">Article</a>] Here we have a cocaine addict who has been convicted of murder for killing her unborn child with drugs in her system. The absurdity of our judicial system&#8217;s arbitrary decisions regarding this &#8220;right&#8221; to privacy (which includes abortion rights) is amplified by the fact that if this woman had chosen to have a partial-birth abortion, instead of carry the child to term, there would be no legal question.</p>
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		<title>Wile Reform Coyotes</title>
		<link>http://www.brandonstaggs.com/2003/09/08/wile-reform-coyotes/</link>
		<comments>http://www.brandonstaggs.com/2003/09/08/wile-reform-coyotes/#comments</comments>
		<pubDate>Mon, 08 Sep 2003 10:59:00 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[constitution]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/wptest/?p=120</guid>
		<description><![CDATA[Wile Reform Coyotes &#8211; Good Opinion Journal editorial on the recent unconstitutional campaign finance reform bill.
]]></description>
			<content:encoded><![CDATA[<p><a target="_blank" href="http://www.opinionjournal.com/editorial/feature.html?id=110003980">Wile Reform Coyotes</a> &#8211; Good Opinion Journal editorial on the recent unconstitutional campaign finance reform bill.</p>
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		<title>The Rule of Law vs. the Rule of Judges</title>
		<link>http://www.brandonstaggs.com/2003/08/21/the-rule-of-law-vs-the-rule-of-judges/</link>
		<comments>http://www.brandonstaggs.com/2003/08/21/the-rule-of-law-vs-the-rule-of-judges/#comments</comments>
		<pubDate>Thu, 21 Aug 2003 18:00:48 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Christianity & Religion]]></category>
		<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[bible]]></category>
		<category><![CDATA[constitution]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/wordpress/2003/08/21/the-rule-of-law-vs-the-rule-of-judges/</guid>
		<description><![CDATA[Alabama Chief Justice Roy Moore has been overruled by the other eight judges in the Alabama Supreme Court, who said that the &#8220;rule of law&#8221; must be followed and the Ten Commandments monument must be removed from the courthouse.
The question I have is: what law? The US Constitution states clearly: &#8220;Congress shall make no law [...]]]></description>
			<content:encoded><![CDATA[<p>Alabama Chief Justice <strong>Roy Moore</strong> has been overruled by the other eight judges in the Alabama Supreme Court, who said that the &#8220;rule of law&#8221; must be followed and the Ten Commandments monument must be removed from the courthouse.</p>
<p>The question I have is: what law? The US Constitution states clearly: &#8220;Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof&#8230;&#8221; The first thing that must be understood is that &#8220;respecting&#8221; does not mean &#8220;giving respect.&#8221; It means that Congress is prohibited from making laws with respect to the establishment of religion. In other words, the establishment of religion is none of Congress&#8217; business. There can be no law regarding religion from the federal government. The Constitution makes it perfectly clear (to one who deigns to read it) that there can be no federal law that applies to Roy Moore&#8217;s monument. It is clearly a matter of the people of Alabama (who, let us remember, elected Moore while he was being called &#8220;the Ten Commandments judge&#8221;).</p>
<p>The question of whether or not a granite monument of the Decalogue constitutes &#8220;establishing religion&#8221; (which it does not) is irrelevant to the issue. More relevant, but of limited importance to the issue at hand, is the prohibition of the free exercise of religion being imposed on the state of Alabama by Judge Thompson.</p>
<p>The real issue is what constitutes law. Judge Moore is being accused of not respecting the law by not submitting to the will of Judge Thompson. How is it that the dictates of a Judge are law? When the US Constitution prohibits the federal government from making any law regarding religion, how can Judge Moore be breaking a law by ignoring the ruling? In this case, what people mean when they say &#8220;obeying the law&#8221; is &#8220;obeying the Judge.&#8221; But a federal judge cannot create law by fiat.</p>
<p>In order for Judge Moore to break federal law, there would have to be a law with respect to religion prohibiting religious symbols from appearing on state property. Again, the First Amendment prohibits such laws from being made by Congress, so all that Moore can be accused of is not submitting to the dictates of a judicial despot.</p>
<p>It is a matter of ignorance to insist that the First Amendment was written to prohibit state organizations from incorporating religious aspects into their functions. The First Amendment was written when several states actually had official state religions, and representatives from those states wanted an amendment guaranteeing that their states could be free to do what they wish in regards to religion. It wasn&#8217;t until the sixties that the First Amendment became the scalpel of the left used to excise any acknowledgement of religion from public life.</p>
<p>Further complications arise from this faulty reading. For example, what is to be done with the Alabama state constitution itself? After all, it begins by &#8220;invoking the favor and guidance of Almighty God,&#8221; acknowledging that the very source of the law is God. How can this be allowed to stand if Judge Thompson is correct in his interpretation of the First Amendment? Judge Thompson noted in his ruling that the monument caused people to be &#8220;offended.&#8221; If a mere engraved rock is offensive to a secularist, what more a preamble to the state constitution citing God as the source of the law!</p>
<p>Interpreting the First Amendment to say that religion cannot be acknowledged by the state is more than just wrong; it is of itself a &#8220;religious&#8221; point of view. In the end, all it can accomplish is the establishment of secularism as the official State Religion; a system that all but denies the very foundation it is based upon.</p>
<p>There is something much deeper to this than a Judge putting a granite monument of the Ten Commandments in a courthouse. If it were truly wrong to allow a religious expression like this to exist, one would need to begin tearing down all of the statues of the Grecian goddess Themis that we call &#8220;Lady Justice.&#8221; But nobody is clamoring to abolish Themis from state property. This is probably because nobody believes that Themis is actually the source of anything in our legal system.</p>
<p>So, we are left with a system that allows the expression of religious themes as long as they are expressed without belief. Therefore, Judge Moore is in the wrong because he actually believes that the Decalogue is an important historical aspect of the Alabama legal system.</p>
<p>The saddest part of this tale is that the eight Supreme Court justices in Alabama have decided that obeying a Federal Judge&#8217;s bidding constitutes &#8220;the rule of law.&#8221; It will be impossible to do anything about the oligarchic advancement of the judiciary if everyone concedes their usurpation of authority over law.</p>
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		<title>Liberal elites, hijacked Constitution, and that silly California mess</title>
		<link>http://www.brandonstaggs.com/2003/08/18/liberal-elites-hijacked-constitution-and-that-silly-california-mess/</link>
		<comments>http://www.brandonstaggs.com/2003/08/18/liberal-elites-hijacked-constitution-and-that-silly-california-mess/#comments</comments>
		<pubDate>Mon, 18 Aug 2003 20:57:00 +0000</pubDate>
		<dc:creator>Brandon</dc:creator>
				<category><![CDATA[Society & Politics]]></category>
		<category><![CDATA[california]]></category>
		<category><![CDATA[constitution]]></category>
		<category><![CDATA[liberals]]></category>

		<guid isPermaLink="false">http://www.brandonstaggs.com/wptest/?p=95</guid>
		<description><![CDATA[The hypocrisy of liberal elitists is well known. Robert F Kennedy, Jr., goes on tirades about the dangers of people driving SUVs but thinks nothing of going to his speeches on private jets that burn more fuel during takeoff than any SUV soccer-mom could ever hope to burn driving her kids around. California governor hopeful [...]]]></description>
			<content:encoded><![CDATA[<p>The hypocrisy of liberal elitists is well known. Robert F Kennedy, Jr., goes on tirades about the dangers of people driving SUVs but thinks nothing of going to his speeches on private jets that burn more fuel during takeoff than any SUV soccer-mom could ever hope to burn driving her kids around. California governor hopeful Ariana Huffington seems to think SUVs should be banned because of fuel use but air-conditions a 10,000+ square foot house. And now we have an environmental wacko who preaches against logging but has broken the law by logging himself. [<a target="_blank" href="http://www.pressdemocrat.com/local/news/16timber_b1empireb.html">Article</a>]</p>
<p>US federal judges have hijacked the Constitution. Case in point: An Alabama monument to the Ten Commandments has been deemed &#8220;unconstitutional.&#8221; Never mind that the first amendment prohibits the ESTABLISHMENT of religion (not the acknowledgement of it as a source for moral code or basis for a legal system). The larger issue would seem to be the Alabama state constitution &#8212; apparently it is unconstitutional, too, because it recognizes God as superior to the government. Activist judges don&#8217;t like the idea that there is anything superior to the government (or the judiciary, for that matter). [<a target="_blank" href="http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/08/15/MN47844.DTL">Article</a>]</p>
<p>I must admit to becoming a little frustrated over the California governor race to replace Davis. Frustrated is probably too harsh a word&#8230; Annoyed is probably better. There is a big push for Bill Simon and Tom McClintock, the two conservative candidates, to drop from the race and support Schwarzenegger. But this only makes sence if you only value that &#8220;R&#8221; being next to the governor&#8217;s name. But if the &#8220;R&#8221; comes with a candidate who doesn&#8217;t seem to hold any Republican positions, what is the point? The only hope for the state, as far as a new governor goes, is someone who will make liberal (no pun intended) use of the line-item veto to cut all the garbage spending that the state legislature constantly passes. But so far, Arnold has not ruled out higher taxes and his only political experience is in getting a massive proposition passed turning the state government into an afternoon babysitter. Sigh. [<a target="_blank" href="http://www.foxnews.com/story/0,2933,94955,00.html">Related article</a>]</p>
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