Dear Senator Kennedy,
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Passage of H.R. 4279: Prioritizing Resources and Organization for Intellectual Property Act of 2008 violates Constitutional law:
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Article 1, Section 8, Clause 8 states:.The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; . Article 1, Section 8, Clause 8, does not say, The Congress shall have power to require and charge fees of Authors and Inventors to register and copyright their works.. St. George Tucker, Blackstone's Commentaries 1:App. 265-67 1803 "( purpose of encouraging arts and manufactures);
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"...for the purpose of encouraging arts and manufactures; ... if this clause of the constitution was relied upon, as giving congress a power to establish such monopolies, nothing could be more fallacious than such a conclusion. For the constitution not only declares the object, but points out the express mode of giving the encouragement; viz. "by securing for a limited time to authors and inventors, the exclusive right to their respective writings, and discoveries." Nothing could be more superfluous, or incompatible, with the object contended for, than these words, if it was, indeed, the intention of the constitution to authorise congress, to adopt any other mode which they might think proper.
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Congress also has no right to arrest infringers of copyright laws without permission of the damaged artist or inventor.
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In 1766, William Blackstone, (Commentaries 2:406) the identical work of the author which is so conveyed; ... no other man can have a right to convey or transfer it without his consent, either tacitly or expressly given.
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This bill is an embarassment to the United States government. Given passage of this bill puts the majority of Congress at heightened risk for indictment on charges of counterfeiting (Federal Reserve notes), and possession of citizens' personal records it makes not sense why any member of Congress would agree to sign on to this.
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Finally proposing that an International agency would have the right to enforce the law in this country constitutes treason high treason, as it subverts the supreme authority of the constituted government of the U.S. to a foreign authority.
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