SOURCE: Lloyd F. Scott

December 27, 2006 10:37 ET

Questions of Constitutionality Not New

Is Your American Freedom at Risk?

WASHINGTON, DC -- (MARKET WIRE) -- December 27, 2006 -- It's a hot topic these days: In its efforts to protect "We, the People," is the government playing fast and loose with the very document -- the U.S. Constitution -- that provides those protections? Concerned citizens worry that in these days of the "sound bite," simple solutions that sound obvious, such as "protecting our freedom" mask an underlying disregard for the principles upon which our country was founded.

"Whether it's war or economics, there are always political reasons for the government to evade and disrespect our Constitution," says Lloyd F. Scott, professor emeritus, University of California-Berkeley and author of the new book "Remember BENJ: A Report on Lost American Freedom" (Cedar Hill Publishing, $22.95). "When a democratic government loses its ties to its own structural document, it sows the seeds for an early collapse of the society it serves. Our system of self government depends upon an honest, constitutional leadership; without integrity of government, the system is not working." Professor Scott uses a case study analysis to prove that our system isn't working now because there is blatant government disrespect of our constitution.

Those who remember the S&L crisis of the late 1980s remember the sound bite synopsis: the government stepped in to save the "little guy," the individual depositor whose hard-earned savings were at risk. "That was not actually the case," says Scott. "Those deposits were protected by government insurance which the government could not afford to pay due to errors in its over regulation of the industry." The government's resolution to the problem involved dishonorably abrogating U.S. contracts with U.S. financial institutions and then unconstitutionally seizing their assets. "The government breached more than 300 contracts simply because it wanted to and because it could," says Scott.

The 15-year court battle of one such S&L, Benjamin Franklin Savings & Loan, Inc. (BENJ), resulted in a moral but not a financial victory for the now-defunct company. It is just one example of how a lack of government adherence to its own laws often falls beneath the radar. "It is a measure of how far the movement of disrespect for our Constitution has gone, and proves that the government can continue to get away with it," says Scott.

Learn more about Remember BENJ at

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