Category Archives: Judiciary

It was a tax all along!!!

“This is not a tax”! How many times did we hear the POTUS and his Liberal Congress make that assertion? Actually, right up to the point when they had to actually argue the “Affordable” Care Act’s Constitutionality before the High Court, then the lawyers pulled out their trump (tax) card. For all intents and purposes it ended up being CJ Roberts who made the difference for the Obama Administration. Roberts makes the assertion, and I believe he is correct, that the mandate, (as an extension of Congressional power), is clearly unconstitutional (Commerce Clause). However, the Court asserts that Congress may level a tax to accomplish the same goal.

Translation: It was a tax all along and the Obama White House lied to the American people once again. This day will set the stage for the rest of the election year. I will have more to say when I read the entire decision, but it is now game on!

September 20, 2009 – President Barack Obama when pressed by George Stephanopoulos: “No George, this is NOT a tax”.

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A week for the history books…

The week ahead promises to be nothing short of dramatic in a political sense. So to kind of sum up, I will give you my take on some of the hot button issues.

I’ve been listening to Democrat pundits for the last two weeks try and explain away Eric Holder’s refusal to surrender certain documents to Congress regarding “Fast & Furious”. Now the obvious dilemma here is the Terry family is demanding answers to questions about their sons murder, and rightfully so. What I found interesting however, is the explanation by partisan Democrats that Republicans are simply grandstanding for political reasons, and that Holder has already turned over thousands of documents. In truth, the “documents” turned over were literally thousands of largely redacted and blacked out emails and papers which actually contained little or nothing about the shooting, who authorized it and at what level did the chain end. In that matter, the POTUS has now come to the rescue of his friend / AG and claimed “executive privilege”, apparently to prevent any incriminating disclosures. Ultimately, someone gave their “blessing” to the “gun walking” which was not part of the original operation, someone in a high office. And it was that gun walking that led to Agent Terry’s death. Sounds pretty simple doesn’t it? Well it is. Come clean Mr. Holder, and admit that something went very wrong in the Justice Department on your watch. Now a Border Agent’s family is left to ask why their Law Enforcement hero son was murdered on the border of his own country with weapons put in play by his own side. Release the documents or be held in contempt of Congress Sir. Next >

This is an easy one. Arizona reserves the right, Constitutionally and legally, to protect its border and uphold standing Federal Immigration Law if the feds themselves don’t do it. I believe the Supreme court will agree. Having said that, I concur with Senator Rubio in that I don’t believe Arizona should be the national model. The problems which exist there are exclusive to the region and therefore present LE officials with additional challenges for which they need appropriate “latitude”. Next >

 

And finally The “Affordable” Care Act. Arguably one of, if not the largest federal power grab in American history. An expensive, unsustainable and by every account, unworkable entitlement program that will bankrupt our children and ultimately destroy the greatest healthcare system known to mankind. It is my hope that the Supreme Court will strike it down as the Constitutional overreach it is. Regrettably, the President’s play to enact feel good portions of the law ahead of the full onslaught of its huge cost will make it difficult to transition to true comprehensive healthcare reform in the future. Moreover, Republicans and Democrats alike will seek to make political hay over the decision, and the truth will most likely be lost in the mix.

Anyway, have a good week people… 😉

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“Gitmo” Shenanigans…

As I watch and listen to the courtroom shenanigans coming out of Gitmo, my heart is filled with sadness for the families of those lost on 9/11. I think of the anguish they must be feeling all these years later. Not only have they had to endure delay after delay while Eric Holder argued for the “rights” of the terrorists, they must  now sit and peer at monitors as these murdering bastards mock the military proceedings, and their lawyer argues for the right to wear “appropriate” clothing out of respect for the religious beliefs of the enemy combatants. What is happening over on that Godforsaken little Communist island?

“Judge Fred (Patriot64)” would offer the following as a solution:

1. Jurists – Please submit your briefs by the first of the month.

2. Miss Bormann, you will wear clothing appropriate for a military tribunal without deviation, end of discussion.

3. Both sides will have 1 – day long evidentiary session to present their case.

4. A verdict will follow within 24 hours, with sentencing and “punishment” to be carried out at sunrise the following morning. (No appeals), and relatives will be afforded the right to view the proceedings as well as take part if they are so inclined. (Please submit written requests for participation by tomorrow.)

5. I will make a formal statement apologizing to the victims’ families for the delay of justice, prior to the punishment phase.

6. And finally, Gitmo will be thoroughly cleaned, disinfected and serve as a staging area for the construction of a resort hotel and beach front, to be utilized by the “Wounded Warrior Foundation” as a treatment and rehabilitation center, free of charge, for all who have sacrificed on behalf of their country.

No joke people…

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Punch Line…

President Obama kicked off his campaign on familiar ground today, a university campus. His strategists are certainly advising him well to seek safe haven among the young, inexperienced and easily manipulated sheep who flocked to his 2008 adventure. Help from Moderates will be much harder to garner this time around however. Many who may still be inclined to voice their support for the President in a Starbucks Wi-Fi Hot Spot, are far less likely to shade in the line next to his name behind a voting booth curtain in November.

Make no mistake though, the Progressive Left will be at the Polls in force to cast their votes for the man who brought their Socialist causes to the mainstream under the disguise of “hope and change”. But for those who saw Mr. Obama’s election as vindication of their 1960’s feel good ideology, and who are now finding it difficult to reconcile Utopia against the reality of mortgages, retirement, healthcare and the price of gas, “hope and change” has been relegated to the trash heap of history like so many campaign punch lines of old.

The mantra today was, “we have come too far to turn back now“. Well Mr. President, with all due respect, turning back now is our only “hope”…

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National Day of Prayer…

This is something I wrote for a local Christian newspaper last year, “The Good News Today”. I have the link in the side bar. It’s a great paper. Support them if you can.

In 1808 Thomas Jefferson spoke of the danger of affixing federal approval to a national day of prayer. But as I always say, you must put things in context and read a great deal more of Jefferson’s writings to understand he feared only the federal government eventually dictating where, when and how we would pray. This was Jefferson’s way with all things as they related to the federal government and the power granted it by the Constitution. President Lincoln sought divine guidance and healing in a time when we fought against ourselves in the bloodiest of all of our wars. He knew that in times of great peril we must look to a power greater than that of mortal man. President Roosevelt said on “D-Day”, Almighty God: Our sons, pride of our nation, this day have set upon a mighty endeavor, a struggle to preserve our Republic, our religion, and our civilization, and to set free a suffering humanity. President Reagan I believe said it best though, “On our National Day of Prayer, we join together as people of many faiths to petition God to show us His mercy and His love, to heal our weariness and uphold our hope, that we might live ever mindful of His justice and thankful for His blessing.”

Those were just a few thoughts as we contemplate the decision of U.S. District Judge Barbara Crabb declaring that a “National Day of Prayer” (NDP) is somehow unconstitutional. Now in my haste to blog about what I saw as just another attempt to rid our Country of its founding and guiding principles, admittedly, I seemed to have missed the boat as well. The idea of a NDP is far more involved than I had originally pondered. So let’s go forward and learn something together, shall we?

As I’ve written of late, you do not have to be a Biblical scholar or a theologian to understand the religious frame of mind of the Framers. Now if you have not done your historical homework in this regard, then the rest of the article will only serve to agitate you. That said, the reading of the story of this country is made even more inspiring when we witness the faith of so many of our leaders who have been tested at its helm. When we note Lincoln’s trials and how he sought Gods divine intervention through personal and political turmoil, or how FDR moved to comfort the American people in time of great national sacrifice by praying with them by the fireside, or how the prayers of the American people sustained a grieving family and nation when its leader was shot down in the streets of Dallas, our hearts are filled with a sense of closeness to our God, a closeness and security only attained through recognition of, and faith in His authority and mercy. So when we pick up the paper or turn on the television and witness the slow but steady dismantling of the foundational faith which has set us apart and supported us in times of tribulation, we are obviously angered and confused.

For me personally, being from Rhode Island and all, it is difficult to contain my frustration when I hear some local hypocrite or politician babbling about the “separation of church and state”. I simply want to climb to the highest point I can find and scream, “The Constitution don’t say that”!!! That frustration is made all the more difficult considering our well documented and historically religious background here in “The Ocean State”. But while difficult, we must gather ourselves with the facts first, and proceed with patience.

The National Day of Prayer eventually came to be over a period of about 150 years. It began with President Lincoln as he recognized a Nation on the verge of tearing itself apart, and chose to lead with a belief in God that he wrote about often. In 1863, Lincoln signed a Congressional resolution calling for a day of fasting and prayer during the Civil War that we might pray for the fighting and the fallen, and that with the Lords blessing this great Republic would not perish from the earth.

In April of 1952, both Houses of Congress took it a step further and passed a bill proclaiming that the President should select a day each year as a NDP. President Truman signed that bill into law.

In 1972, a National Prayer Committee was formed, and in 1988 public law 100-307 was signed by President Reagan declaring the first Thursday in May of every year as The National Day of Prayer. Over that time the United States has faced challenges on many levels, but none so great as the one before us today.

Shall we throw away that which has arguably made us the greatest Nation ever to exist on earth? Do we turn our backs on the value of devine providence as it relates to all that we hold dear as citizens of this free Republic? Do we condemn our children to a Godless and secular life by virtue of our ignorance and vanity? You see, this is a question as much about who we are to become as who we are today. Every decision made by someone like Judge Crabb is another revisionist assault on our children’s future. As we hear more and more from the likes of radical Christian hater Mikey Weinstein, a man truly devoid of any common decency (in this author’s opinion anyway), do we sit idly by and let these nut jobs and revisionists change the Founder’s intent with the brush of a pen or the key stroke of a laptop? Do we wake up one day in an atheist society with faith only in ourselves and the government? I submit to you that should that day ever come, you will hear the screams of regret reverberate from sea to shining sea, more than likely with crackpots like Weinstein’s being the loudest.

Every day we hear of attacks on prayer, in our schools, our businesses and in our social gathering places, all under the guise of Constitutionality, when in fact the documents authors sought only to reinforce that religion was something to be cherished and not restricted, and that their new government would ensure all could pray as they wished. Nowhere in any writing of the day do we see the famed “separation of Church and state”. This was the farthest thing from the Framers minds and they would have been disgusted at the notion. You would not know this from the writing of today however, as the secularist progressives seek to rid the world of God so they might advance the cause of a world beholden only to those things granted by mankind. I know this may sound a bit deep and prophetic for someone who lacks any formal Biblical insight, but it just seems so clear to me. The writing is on the wall if you choose to read it…

Children are allowed to wear t-shirts in our public schools depicting murderers like Che Guevara, yet they are ridiculed and forbidden to wear a t-shirt depicting a cross or the likeness of Christ. The double standard one would expect to be checked by the “establishment clause” is allowed so as not to offend the “non-Christians”. I am very sure that was not the intent of the First Amendment or any of its components. Make no mistake, what are clearly under attack here though, are our Judeo/Christian beliefs and values.

They are increasingly portrayed as extreme and un-Constitutional. In a blow near and dear to my heart, the United States Army has now withdrawn its invitation to Franklin Graham to speak at the Pentagon on the NDP because of a remark he made about Islam being evil. Now I have always been cautious not to stereotype, but I have also seen the face of the enemy, and he is most certainly proclaiming the religion of Islam in his holy war with the “infidels”, and though he may be the extremist of their faithful, I have still yet to see or hear the outrage from the Muslim community one would expect when a human beings head is sawed off for the cameras. I do not wish to get side tracked here, so I will try and stay on message, though I feel passionately that this is all linked.

Anyway, the NDP is Thursday May 6th 2010, and thankfully, there is some good news on the subject to report as well. There are still some Politicians willing to step up and be counted among the faithful. 40 or so of them, led by Texas Republican Lamar Smith gathered on Capitol Hill in Washington today to voice their support for the NDP, God Bless em’. Also very notable was the support from the CWA (Concerned Women of America), a bipartisan group whose membership feels strongly about protecting the NDP. Vice President of external relations for Focus on the Family Tim Goeglein praised those defending the NDP today as well stating, “If there was ever a time that we needed a National Day of Prayer, it is certainly now.”

With this in mind, we must turn out in the greatest numbers possible on May 6th. Using the “Tea-Party” model of action, I believe that if we are complacent and idle in the face of the “secular army”, and simply discard our religious roots and their priceless worth to our very way of life for the sake of “political correctness”, there simply won’t be a country left to fight for in the end. For as I’ve said, I believe God is watching and pondering what we do with this “best arrangement for mankind under Him” which He has blessed us with. So let’s do our homework and head out to our local rallies and make this year a referendum on the Judge Crabbs of the nation. Let’s send an unmistakable message that tells these elitists we know our history (religious and otherwise), and that we are proud of it and don’t want it to be (revised).

I think it’s time for me to give you a little local flavor on this one as well, that you might be further inspired to action. “Prayer Rhode Island” is a local project established to encourage Rhode Islanders to keep their elected officials cognizant of the importance of prayer as a means to find the wisdom to lead. Now there’s a thought… I think it’s fair to say that we here in RI have a larger “per capita” corrupt politician to population statistic than most other states. In simple terms, our political leaders need all the help they can get. While the battles on (Smith Hill) rage over how to pay for the “sins” of the past 60 years in our state, it is easy to become cynical when we hear folks at both the State and Federal level telling us we need less of God in our lives. 1 Timothy 2:1,2 “I urge then, first of all, that requests, prayers, intercession and thanksgiving be made for everyone -for kings and all those in authority, that we may lead peaceful and quiet lives in Godliness and holiness.” NIV.

Hmmm…

I have spent a great deal of time on the Hill arguing about this and that, and I have witnessed firsthand the callous disregard many in that building exercise when plotting “our” collective futures. It makes total sense that Jesus apparently didn’t make it through the security check on the way into the State House Rotunda. For if he had, many in that room would govern from a far different “platform”. Thankfully, there are folks like Cheryl Russell who is in her 11th year with (Prayer RI), and who escorts the Lord into the halls and labyrinth that is the RI State House twice a month to pray for and with our elected officials. (When) they stop to speak with her, she encourages them to think in terms of a holy life first, and as a foundation for any “political” calculation they may be contemplating. Cheryl feels that many of our State Representatives fear any religious overtones in their decision making process as they do not wish to be a target of the ever vindictive and selective ACLU, a political reality for our elected leaders these days. This speaks to what I have been saying about how far we have come from a State that Cheryl points out, touts the Flag of Hope aside of the U.S. Flag, and was founded by a missionary, oh and not to mention that it was the focal flash point of a cast away European culture seeking freedom from “religious” persecution.

Cheryl went on to tell me of her calling to change the hearts and minds of not only politicians, but of all people, from newlyweds to whole families. She spoke of the need for Christians and Non-Christians alike to come out of their “Prayer Closets” and reinforce the message that without God, we are simply out of the light, politically and otherwise. We talked at length about things like the Jericho Walk a couple of years back where some 200 young people walked around the State House professing their faith to all who would listen, as well as what she sees as the need for more to be personally involved in this fight.

Cheryl Russell was at a Woman’s Conference when we spoke by phone, I’m sure doing what she does best, ministering to those in need of spiritual guidance. But she concluded by telling me that the National Day of Prayer, whether it be in Washington or at the State House, is not so much a day as it is a discipline, that should be with us the year round. She feels strongly that the message of that day should be with us always, not just in our local churches, but in our homes, places of business, sporting events, schools and political gatherings. She is an amazing person and resource and I encourage you to read more about her and about upcoming (Pray Rhode Island) events planned for May 6th at http://members.cox.net/riprayer/.

I know this has been a bit long winded and my Editor will be working overtime to try and make it all fit, but there is just so much to say on this topic. I think I can sum up though with a simple thought line. On some level most of us acknowledge God, some more than others, and I’m sure some still with a greater degree of faith. Moreover, most also acknowledge the exceptionalism and worth of this great Republic Divine Providence has given us, whether we discuss it openly or not. So in the humble opinion of this author, it only makes sense that if we wish to leave our legacy, the “hope” and dreams of our faithful forbearers, then our collective message should be loud and clear, hands off “Our National Day of Prayer”.

Fred Comella

 

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They cannot run from this…

I think that if you are even a little concerned about the Constitutionality of the “Affordable Care act” as it was supposedly vetted by the Obama Administration and a Nancy Pelosi controlled Congress, you must watch this video. The discussion was between Health and Human Services Secretary Kathleen Sebelius and Republican Congressman Trey Gowdy, and centered around the recent dust-up over the Constitutionality of an HHS Mandate requiring nearly all employers to provide contraceptives, including abortion inducing drugs, via their health care plans, to their employees regardless of any religious foundation or belief associated with a particular organization. If you take the time to listen to this in its entirety, and if you can put aside any ideological and/or preconceived notions you may have regarding religion and government and open your mind, you will see how “We the People” have been blindsided by this President and the Left in Congress.

Unfortunately, an additional consequence of this un-Constitutional nightmare will be the inevitable collapse of our economy under the crushing strain of an Obama intended “single payer system”. Please watch this video and learn what has been the truth from the very beginning of “Obamacare”…

[yframe url=’http://www.youtube.com/watch?v=5QfRa3SdU0I’]
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Credibility Gap…

I have waited for the District Attorney in the Trayvan Martin case to make a decision regarding whether or not to file charges against George Zimmerman. At least now we may hear some of the actual evidence as put forth by that office and not framed by a media bias/agenda. Sadly however, I watched the family press conference after today’s announcement and saw that fraud Sharpton standing right in the middle of them, hence destroying any credibility or empathy I may have been inclined to lend their way. I will read about the verdict when it’s over…

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End game = Acceptance…

The issue of traditional and/or culturally accepted norms is never far from the political discussion for me. Accordingly, and when I engage in these types of arguments, I always take into consideration the Left’s “smoke and mirror” media play for civil debate,  so long as in the end, theirs is the only position left as an option. For too long now the Progressive/Liberal movement in our country has been given a pass in this regard. Under the guise of “political correctness”, we have witnessed the slow but steady erosion of the fundamental and stabilizing bedrock of our society. That which we have returned to time and again throughout our storied history to carry us through, is now called into question with alarming regularity. Sadly, there are also mitigating factors which may have catastrophic consequences for our posterity.

You may have read about the recent controversy surrounding a so-called “prayer banner” hanging in a Cranston Rhode Island high school which apparently offended a “16” year old self professed “atheist”. A law suit was initiated by, you guessed it the ACLU, on behalf of the young student, and eventually the city relented for “financial reasons”. (Ironically, they still had to pay over $100,000.00 in legal fees to the ACLU). A sign of the economic times we are living in? I’d say…

Well it seems there is yet another dust up in my home “State of disarray”. A 17 year old young woman (Liz Bierendy), from Pilgrim High School in Warwick Rhode Island is now in the hot seat for painting a mural depicting, get this, a traditional family unit of a father, mother and child, as part of her project to highlight a young man’s journey to adulthood. The family portion of the mural was painted over as it may have offended some who do not espouse to this “way of life”. Huh?

Anyway, I am not going to debate the controversy itself today, but rather what I see as the real reason for it. In the simplest possible terms there are two issues in play here, financial and personal. Regarding the financial aspect, it is easy to see the Left’s ACLU tactic of carefully selecting their targets based on the opponents ability to financially fight back, (protracted court battles and the like). In these times of crippling financial problems for local governments, it is certainly a daunting proposition for any municipality to lock horns with the mighty and extraordinarily well-funded ACLU. This was ultimately the deciding factor for the City of Cranston and may be for Warwick as well. From a purely economic perspective, and on all levels of government, we have literally spent ourselves out of the ability to respond and challenge these frivolous and frankly un-American attacks, and the Left knows it. On the personal side, I will now touch that proverbial raw nerve that causes my email in-box to read – “tilt”.

In this life we are all challenged with the emotion and desire for acceptance. Everyone handles this differently considering a variety of societal factors. In the case of some however, they will cross red hot broken glass barefoot to achieve it, and others may even “cross the line” (fill in the blanks). I have said and will continue to say that, the issue of the traditional family unit, and how it may relate to the causes of gay rights and/or any other “alternative” lifestyle, is purely one of acceptance for the so-called “aggrieved” parties directly involved, and nothing more than a means to a political end/agenda for Liberal politicians pandering to a particular voter block. In all candor, many of my Liberal friends would shudder if they heard some of the references to gay people made by some Democrats with whom I have interacted over the years. That aside, I feel strongly that the line is crossed when the majority are pressured not only to legislatively accommodate the minority, but also to “accept” on a much more personal level, that which they do not believe is true or right. In the end, that acceptance is what is desired, as it justifies, reconciles and lends perceived credibility to the beliefs of the minority, albeit in their own minds. Without it, they is no victory. The problem is, this thought process flies contrary to our Constitution, in that it violates the rights of just about everyone else. What about my beliefs? What about my religion? What about the fundamental and culturally accepted and practiced norm of almost an entire nation?

On the eve of what is likely to be another unnecessary and costly battle over someone’s alleged civil rights, I would add that my commentary is in no way meant to incite a feeling of anti-gay, or for that matter anti-anything. To the contrary, I sit in judgment of no man, women or otherwise and how they choose to lead their lives. I am simply not qualified. With that said however, change simply for the sake of change, without “honest” debate, and enacted purely for “feel good” reasons, often has unintended and negative consequences. While we all have rights, and this is what sets us apart from the rest of the world, we must also remember that the cultural “baseline” on which our nation was founded reminds us those rights come not from the hand of man, and must not trample the rights of another. Bias and hate are wrong and should be challenged and condemned to be sure. But blind acceptance for the sake of political expediency begets tyranny every time.

http://www2.turnto10.com/news/2012/apr/05/8/high-school-paints-over-portion-student-mural-ar-990592/

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Know your place…

Not your seal Mr. President...

When the President of the United States moves outside traditional campaign parameters and targets another branch of government as part of a broader strategy of intimidation, basically trampling the “separation of powers”  fail safe which guards the peoples voice, well then I’d say all bets are off. Moreover, does Mr. Obama believe for one minute that “We the People” cannot see through the “judicial activism” assertion he made the other day when asked about the fate of “Obama-care”? This from the man who brought two of the most Liberal/Progressive jurists (Sotomayor & Kagan) he could find before the Senate for consideration and eventual confirmation by way of one of the most partisan Congress’s in American history. This President would do well to remember that he too is but an instrument of a representative government and not a king. As a so-called “Constitutional law professor” he should understand this better than most, should he not?

On the matter of the “Affordable” Care Act itself, I for one was encouraged to hear the Justices asking the questions they did of both sides. More often than not, the matter of Constitutionality is lost on the lower courts and may only be properly vetted by the Supreme Court.

Having said that, the POTUS and company “front loaded” the bill significantly, and did accomplish their goal of getting folks “on the dole” first so as to make it more difficult to roll back the law. This is a classic Liberal trick and has proven extremely effective over generations, hence our enormous and unsustainable debt. Programs already in place will be on the minds of the justices as they consider the sustainability of Obama-care with no individual mandate. Nonetheless, my feeling is that it will be overturned on the basis of its far reaching and unprecedented intrusion into the choices “We the People” make in our day to day lives. As with so much of what this ideological President has brought to the table, there is the fundamental question of big government and how much of it folks will tolerate. When it’s all said and done in November, I’m pretty sure we will have a much clearer picture of where our country is and where it is going.

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Popular vs. Legal…

On the matter of Constitutionality, I read recently of the divide with regard to interpretation of this unique and special document. The words “popular and legal” come up quite a bit with a good segment of the judicial community coming down on the side of legal interpretation. Once again I will defer to the “popular” reading of the document and the emotional tone and time in which it was written. Never in recorded history, have so many sacrificed their lives and fortunes to provide for the survival of that which is framed in the Constitution of the United States. And while there is no doubt the Founders themselves acknowledged a need of legal definition for posterity sake, it was never to come at the expense of the basic ideals and principles which are its foundation. One only need put down any legal briefs or modern definitions as put forth by agenda driven judicial ideologues, and pick up the letters and writings of the men who actually wrote the Constitution to understand this. No symposium/seminar chaired by the so-called scholars on the matter can match the feeling and fervor of group of individuals pledging everything in this life for a cause greater than self. Think about that…

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