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#281
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Doug Miller wrote:
And if the Court rules that Congress has no power to do that? What then? Article III, Section 2. Clause 2. Last phrase. This gives the Congress the power to preclude the SC from addrssing an issue. The First Amendment specifically prohibits Congress from enacting laws that abridge freedom of speech or of the press. They did just that last year. The Court ruled that they didn't. You keep repeating that. You state it as FACT and use it as a premise to show that the SC has done something wrong. YOU might believe they allowed a law that violated free speech - others do too. But many others do not. And I haven't been convinced either way. Nor am I a constitutional scholar - and I bet you aren't one either. So while you want to be convinced of it, I'm sorry but I reject it as some sort of starting point: You haven't proven it and I'm not interested in that rathole debate. Especially since neither one of us knows what we would be talking about. Believe it if you want - that's certainly your right. but dont' state it as an absolute fact that can be used in this discussion. I stay with the view that SC decisions MAY NOT be perfect or correct, but there's a mechanism to change the decision. Which is my whole point anyways - you ask what can you do? I say - Lots. My point is: what do you do, what *can* you do, when the Court simply *ignores* the plain language of the Constitution and makes whatever ruling it damn pleases? Again - you're making an assumption about that particular case. but *IF* there is some ruling that is wrong, it is correctable in a lot of ways. personal opinion about McCain-Feingold snipped I suspect what you are suggesting with your "examples" is that *IF* the SC decides to become dictatorial there's no recourse, under the Constitution, to check them. There's always impeachment... if we can find 67 Senators with enough courage to do the right thing. That's one of the zillions of ways I'm talking about. And this is patently untrue. Among other things, Article II, Section I. Excuse me? Article II, Section I deals with the manner of electing the President. Sorry my typing error - Article III, section I. -- Saville Replicas of 15th-19th century nautical navigational instruments: http://home.comcast.net/~saville/backstaffhome.html Restoration of my 82 year old Herreshoff S-Boat sailboat: http://home.comcast.net/~saville/SBOATrestore.htm Steambending FAQ with photos: http://home.comcast.net/~saville/Steambend.htm |
#282
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Doug Miller wrote:
In article , Doug Winterburn wrote: On Tue, 01 Feb 2005 00:55:53 +0000, Doug Miller wrote: My point is: what do you do, what *can* you do, when the Court simply *ignores* the plain language of the Constitution and makes whatever ruling it damn pleases? As the SC did in obliterating the tenth amendment when they determined that Social Security was OK as part of the commerce clause of the constitution? That would be another example, sure. It's time to throw all their damned tea in the harbor again. So if you believe this, and if you feel about it so strongly, why don't you hire a lawyer and work it up the legal chain and get it taken care of? -- Saville Replicas of 15th-19th century nautical navigational instruments: http://home.comcast.net/~saville/backstaffhome.html Restoration of my 82 year old Herreshoff S-Boat sailboat: http://home.comcast.net/~saville/SBOATrestore.htm Steambending FAQ with photos: http://home.comcast.net/~saville/Steambend.htm |
#283
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In article , gregg wrote:
So if you believe this, and if you feel about it so strongly, why don't you hire a lawyer and work it up the legal chain and get it taken care of? Simply put, it's the old story: champagne tastes and a beer budget. If I ever hit the lottery big (unlikely, since I don't buy tickets) that's on my list of things to do. -- Regards, Doug Miller (alphageek-at-milmac-dot-com) Get a copy of my NEW AND IMPROVED TrollFilter for NewsProxy/Nfilter by sending email to autoresponder at filterinfo-at-milmac-dot-com You must use your REAL email address to get a response. |
#284
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In article , gregg wrote:
Doug Miller wrote: And if the Court rules that Congress has no power to do that? What then? Article III, Section 2. Clause 2. Last phrase. This gives the Congress the power to preclude the SC from addrssing an issue. The First Amendment specifically prohibits Congress from enacting laws that abridge freedom of speech or of the press. They did just that last year. The Court ruled that they didn't. You keep repeating that. You keep failing to understand it. You state it as FACT and use it as a premise to show that the SC has done something wrong. It IS a fact that the McCain-Feingold law prohibits certain types of political advertising within certain time frames preceding elections. YOU might believe they allowed a law that violated free speech - others do too. But many others do not. And I haven't been convinced either way. Nor am I a constitutional scholar - and I bet you aren't one either. It's not necessary to be a constitutional scholar to understand the meaning of "Congress shall make no law...". [Personally, I kinda wish they had stopped right there, but that's another discussion.] It requires only the ability to read and comprehend the English language. So while you want to be convinced of it, I'm sorry but I reject it as some sort of starting point: Read the law. You haven't proven it and I'm not interested in that rathole debate. Especially since neither one of us knows what we would be talking about. Speak for yourself. Believe it if you want - that's certainly your right. but dont' state it as an absolute fact that can be used in this discussion. Read the law. It IS a fact, whether you know it or not. personal opinion about McCain-Feingold snipped It's not opinion, it's fact that that law prohibits certain types of advertising during certain time periods. -- Regards, Doug Miller (alphageek-at-milmac-dot-com) Get a copy of my NEW AND IMPROVED TrollFilter for NewsProxy/Nfilter by sending email to autoresponder at filterinfo-at-milmac-dot-com You must use your REAL email address to get a response. |
#285
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Doug Miller wrote:
In article , gregg wrote: Doug Miller wrote: And if the Court rules that Congress has no power to do that? What then? Article III, Section 2. Clause 2. Last phrase. This gives the Congress the power to preclude the SC from addrssing an issue. The First Amendment specifically prohibits Congress from enacting laws that abridge freedom of speech or of the press. They did just that last year. The Court ruled that they didn't. You keep repeating that. You keep failing to understand it. Wrong. I keep refusing to: 1) accept your opinion as fact 2) get into a debate about that particular law. You state it as FACT and use it as a premise to show that the SC has done something wrong. It IS a fact that the McCain-Feingold law prohibits certain types of political advertising within certain time frames preceding elections. But is is NOT a fact that it's unconstitutional. It's merely your opinion. I daresay your uneducated (from the standpoint of being a Constitutional scholar) opinion. I'm sure I don't have to tell you that all sorts of speech is limited by law. YOU might believe they allowed a law that violated free speech - others do too. But many others do not. And I haven't been convinced either way. Nor am I a constitutional scholar - and I bet you aren't one either. It's not necessary to be a constitutional scholar to understand the meaning of "Congress shall make no law...". Except that since there are many kinds of prohibited speech, it DOES take a constitutional scholar to decide if one particular law is a violation of the first amendment. And you ain't it... again, you are entitled and welcome to your opinion. But I don't consider yoor opinion as necessarily true. And as is often the case you stop short in quoting the amendment. Don't forget the word "abridging". You have to show that the law abridges speech in a serious way. And that's s close as I'm getting to a debate about the M-F law. [Personally, I kinda wish they had stopped right there, but that's another discussion.] It requires only the ability to read and comprehend the English language. Sorry. You are simply, totally, wrong about that. So while you want to be convinced of it, I'm sorry but I reject it as some sort of starting point: Read the law. You are not getting it. You continue to miss the point. You haven't proven it and I'm not interested in that rathole debate. Especially since neither one of us knows what we would be talking about. Speak for yourself. Well tell us, what training in Constitutional Law do you have? formal training? I have none. Believe it if you want - that's certainly your right. but dont' state it as an absolute fact that can be used in this discussion. Read the law. It IS a fact, whether you know it or not. Horse Hockey (see above) personal opinion about McCain-Feingold snipped It's not opinion, it's fact that that law prohibits certain types of advertising during certain time periods. Beating a dead horse..see above. That's simply NOT enough to show it's unconstitutional. it MAYt turn out to be, but your opinion is no proof. Again, I wish to address ONE point you made: that if the SC makes an unconstitutional decision, that we are powerless to fix that. That they are unstoppable if they wish to be dictatorial. you are uttery, simply, completely wrong on that and you admitted it yourself (when you suggested impeachment). a debate about M-F belongs somewhere else and can be done without me. cheers, -- Saville Replicas of 15th-19th century nautical navigational instruments: http://home.comcast.net/~saville/backstaffhome.html Restoration of my 82 year old Herreshoff S-Boat sailboat: http://home.comcast.net/~saville/SBOATrestore.htm Steambending FAQ with photos: http://home.comcast.net/~saville/Steambend.htm |
#286
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Doug Miller wrote:
In article , gregg wrote: So if you believe this, and if you feel about it so strongly, why don't you hire a lawyer and work it up the legal chain and get it taken care of? Simply put, it's the old story: champagne tastes and a beer budget. If I ever hit the lottery big (unlikely, since I don't buy tickets) that's on my list of things to do. Uh huh. Yeah right. You could always start a web page, gather money, get other people to join in the suit etc. You fear your constitutional rights are in serious jeopardy..right? -- Saville Replicas of 15th-19th century nautical navigational instruments: http://home.comcast.net/~saville/backstaffhome.html Restoration of my 82 year old Herreshoff S-Boat sailboat: http://home.comcast.net/~saville/SBOATrestore.htm Steambending FAQ with photos: http://home.comcast.net/~saville/Steambend.htm |
#287
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On Tue, 01 Feb 2005 18:02:15 -0500, gregg wrote:
Doug Miller wrote: In article , gregg wrote: Doug Miller wrote: And if the Court rules that Congress has no power to do that? What then? Article III, Section 2. Clause 2. Last phrase. This gives the Congress the power to preclude the SC from addrssing an issue. The First Amendment specifically prohibits Congress from enacting laws that abridge freedom of speech or of the press. They did just that last year. The Court ruled that they didn't. You keep repeating that. You keep failing to understand it. Wrong. I keep refusing to: 1) accept your opinion as fact Where is the opinion? The facts a 1. The first amendment states very clearly, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances. 2. Congress passed a law, McCaine/Feingold, that prohibits the airing of political ads x number of days prior to an election unless those ads are placed by the candidates themselves or are news or opinions expressed by journalists who are members of the press. 3. What (2) says is that you, as a citizen, or group of citizens banding together, cannot buy airtime to air a commercial that would allow you to express a political opinion regarding those running for office a certain number of days before an election. 4. What (3) says is that your freedom of speech has been abridged because 5. The candidates for election are able to buy airtime 6. The press is allowed to either report news or express opinions before the election 7. you, part of "the People" are *not* allowed to even buy airtime to express your opinion 2) get into a debate about that particular law. Which is especially frightening. One does not have to be a constitutionsal scholar to understand what this law does or how it abridges the constitution. A person with even a modicum of history realizes that the very ads that McCain-Feingold prohibit are at the heart of the kinds of speech the founding fathers were trying to protect. The first amendment wasn't written so that somebody in the 21'st century could download pictures of naked women without fear of the law all in the name of "free speech", or so that some deranged artist could urinate in a jar and desecrate a religious symbol in the name of "free speech" The first amendment was written to assure that the government did not become so powerful that it could suppress the opinions of its citizens and prevent them from expressing those opinions at any time, but especially during elections. That particular law not only spits in the face of the first amendment, it tears at the heart of why the constitution was originally formulated. You state it as FACT and use it as a premise to show that the SC has done something wrong. It IS a fact that the McCain-Feingold law prohibits certain types of political advertising within certain time frames preceding elections. But is is NOT a fact that it's unconstitutional. It's merely your opinion. I daresay your uneducated (from the standpoint of being a Constitutional scholar) opinion. When one believes that a constitutional scholar is required to interpret that which is expressed in plain English, the uneducated opinion is not coming from the person interpreting the plain English phrase. Take a look at the Supreme Court decision, read the opinions, both supporting, but especially the dissenting opinions. It's pretty obvious who the real constitutional scholars are (hint -- it wasn't the supporting justices -- *they* were expressing opinion, not fact). Scalia's dissent is particularly well expressed. I'm sure I don't have to tell you that all sorts of speech is limited by law. Yeah, yeah, the "yelling fire in a crowded theatre" chestnut. By allowing McCaine Feingold to pass that test, there is *no* law suppressing free speech that could possibly be found to be in violation of the first amendment. ... snip +--------------------------------------------------------------------------------+ The absence of accidents does not mean the presence of safety Army General Richard Cody +--------------------------------------------------------------------------------+ |
#288
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Mark & Juanita wrote:
On Tue, 01 Feb 2005 18:02:15 -0500, gregg wrote: Doug Miller wrote: In article , gregg wrote: Doug Miller wrote: And if the Court rules that Congress has no power to do that? What then? Article III, Section 2. Clause 2. Last phrase. This gives the Congress the power to preclude the SC from addrssing an issue. The First Amendment specifically prohibits Congress from enacting laws that abridge freedom of speech or of the press. They did just that last year. The Court ruled that they didn't. You keep repeating that. You keep failing to understand it. Wrong. I keep refusing to: 1) accept your opinion as fact Where is the opinion? The facts a The opinion is, well, yours and Doug's. But the larger point is that you either (probably) haven't read my posts on this, or are being purposefully obtuse, because I've stated several times that I don't KNOW if the law in unconstitutional or not. I've also stated that it COULD be. But that my ONLY point is that Doug was saying the SC could not be stopped if they wanted to be dictatorial and I disagreed. My secondary point was that whether or not any particular finding of the SC is right or wrong is irrelevant to that point, and that I have no desire to debate that law's constitutionality. Your 7 point analysis snipped. 2) get into a debate about that particular law. Which is especially frightening. One does not have to be a constitutionsal scholar to understand what this law does or how it abridges the constitution. Sorry I disagree. But as you see above, that's irrelevant to my point. But is is NOT a fact that it's unconstitutional. It's merely your opinion. I daresay your uneducated (from the standpoint of being a Constitutional scholar) opinion. When one believes that a constitutional scholar is required to interpret that which is expressed in plain English, the uneducated opinion is not coming from the person interpreting the plain English phrase. No it's coming from someone (you)who thinks they know everything about the law and how it's supposed to be interpreted and cannot be wrong. I'm sure I don't have to tell you that all sorts of speech is limited by law. Yeah, yeah, the "yelling fire in a crowded theatre" chestnut. Happens to be a fine example. By allowing McCaine Feingold to pass that test, there is *no* law suppressing free speech that could possibly be found to be in violation of the first amendment. You keep harping on a point I'm not debating. Enjoy yourself. -- Saville Replicas of 15th-19th century nautical navigational instruments: http://home.comcast.net/~saville/backstaffhome.html Restoration of my 82 year old Herreshoff S-Boat sailboat: http://home.comcast.net/~saville/SBOATrestore.htm Steambending FAQ with photos: http://home.comcast.net/~saville/Steambend.htm |
#289
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Note corssposting and follow-ups.
Mark & Juanita wrote: On Tue, 01 Feb 2005 18:02:15 -0500, gregg wrote: Doug Miller wrote: In article , gregg wrote: Doug Miller wrote: And if the Court rules that Congress has no power to do that? What then? Article III, Section 2. Clause 2. Last phrase. This gives the Congress the power to preclude the SC from addrssing an issue. The First Amendment specifically prohibits Congress from enacting laws that abridge freedom of speech or of the press. They did just that last year. The Court ruled that they didn't. You keep repeating that. You keep failing to understand it. Wrong. I keep refusing to: 1) accept your opinion as fact Where is the opinion? The facts a 1. The first amendment states very clearly, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances. 2. Congress passed a law, McCaine/Feingold, that prohibits the airing of political ads x number of days prior to an election unless those ads are placed by the candidates themselves or are news or opinions expressed by journalists who are members of the press. 3. What (2) says is that you, as a citizen, or group of citizens banding together, cannot buy airtime to air a commercial that would allow you to express a political opinion regarding those running for office a certain number of days before an election. 4. What (3) says is that your freedom of speech has been abridged because 5. The candidates for election are able to buy airtime 6. The press is allowed to either report news or express opinions before the election 7. you, part of "the People" are *not* allowed to even buy airtime to express your opinion Correct. 2) get into a debate about that particular law. Which is especially frightening. One does not have to be a constitutionsal scholar to understand what this law does or how it abridges the constitution. A person with even a modicum of history realizes that the very ads that McCain-Feingold prohibit are at the heart of the kinds of speech the founding fathers were trying to protect. Correct. The first amendment wasn't written so that somebody in the 21'st century could download pictures of naked women without fear of the law all in the name of "free speech", or so that some deranged artist could urinate in a jar and desecrate a religious symbol in the name of "free speech" Arguable, but not really at issue here. The first amendment was written to assure that the government did not become so powerful that it could suppress the opinions of its citizens and prevent them from expressing those opinions at any time, but especially during elections. That particular law not only spits in the face of the first amendment, it tears at the heart of why the constitution was originally formulated. Correct. You state it as FACT and use it as a premise to show that the SC has done something wrong. It IS a fact that the McCain-Feingold law prohibits certain types of political advertising within certain time frames preceding elections. But is is NOT a fact that it's unconstitutional. It's merely your opinion. I daresay your uneducated (from the standpoint of being a Constitutional scholar) opinion. When one believes that a constitutional scholar is required to interpret that which is expressed in plain English, the uneducated opinion is not coming from the person interpreting the plain English phrase. Agreed. McCain Feingold prohibits persons from publishing their opinions about politics. That is as plain a violation of the First Amendment as one can imagine. Take a look at the Supreme Court decision, read the opinions, both supporting, but especially the dissenting opinions. It's pretty obvious who the real constitutional scholars are (hint -- it wasn't the supporting justices -- *they* were expressing opinion, not fact). Scalia's dissent is particularly well expressed. Online, perhpas? I'm sure I don't have to tell you that all sorts of speech is limited by law. Yeah, yeah, the "yelling fire in a crowded theatre" chestnut. By allowing McCaine Feingold to pass that test, there is *no* law suppressing free speech that could possibly be found to be in violation of the first amendment. Pretty much true as well. One wonders if gregg considers the dissenters on the USSC to be ignorant of Constitutional Law. -- FF |
#290
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Doug Miller wrote:
: The First Amendment specifically prohibits Congress from enacting laws that : abridge freedom of speech or of the press. They did just that last year. The : Court ruled that they didn't. : My point is: what do you do, what *can* you do, when the Court simply : *ignores* the plain language of the Constitution and makes whatever ruling it : damn pleases? Hmmm. Where in the dictionary does it list a definition of the word speech that defines it as "the act of making enormous cash contributions to a political candidate by a corporation or union"? Can't seem to find one that looks much like that. -- Andy Barss |
#291
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#292
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gregg wrote:
: And this is patently untrue. Among other things, Article II, Section I. Exactly right. - Andy Barss |
#293
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Doug Miller wrote:
: In article , gregg wrote: :Doug Miller wrote: : : In article , gregg : wrote: :Doug Miller wrote: : : : Now tell me what overrides the Supreme Court? : : When Congres precludes the Court from addressing an issue : : And if the Court rules that Congress has no power to do that? What then? : : Article III, Section 2. Clause 2. Last phrase. This gives the Congress the :power to preclude the SC from addrssing an issue. : The First Amendment specifically prohibits Congress from enacting laws that : abridge freedom of speech or of the press. They did just that last year. The : Court ruled that they didn't. The court ruled that certain forms of monetary contributions to politicians doesn't constitute free speech. : There's not much subtlety in it: the law prohibits certain types of political : advertising within certain time frames preceding an election. Yup. So, e.g., GM can't pay a million dollars to endorse a politician, say, GWB, who has promised them some mighty fine rewards if they do so. This is not the constitutional notion of free speech by a member of the press or an individual. What type, what : time frame, what purpose -- none of that matters. Amendment I flatly prohibits : any restrictions of any sort Actually, not true. : When a later Court decides that an earlier Court was smoking dope (Dred :Scott). Interesting that neither Doug, nor Mark/Juanita has replied to this point. -- Andy Barss Remember when republicans claimed to be for fiscal reponsibility? Jeez, the good old days. |
#294
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no spam wrote:
: The other day I heard a radio talk-show host state that "Liberalism is a : mental disorder." I can't help but agree. So, you're a dittohead, yes? Happily following the serial divorcer, drug addict Rush Limbaugh down whatever path he decides to stagger, eh? Have fun! -- Andy Barss |
#295
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On Thu, 3 Feb 2005 05:22:43 +0000 (UTC), Andrew Barss
wrote: no spam wrote: : The other day I heard a radio talk-show host state that "Liberalism is a : mental disorder." I can't help but agree. So, you're a dittohead, yes? Happily following the serial divorcer, drug addict Rush Limbaugh down whatever path he decides to stagger, eh? Have fun! -- Andy Barss Not the OP there Andy, but just FYI so you don't appear uninformed next time you launch your anti-limbaugh vitriol -- it weren't Limbaugh who uses that quote. It's a different talk show host, but I'll leave the determination of which one as an exercise for the reader. +--------------------------------------------------------------------------------+ The absence of accidents does not mean the presence of safety Army General Richard Cody +--------------------------------------------------------------------------------+ |
#296
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Mark & Juanita wrote:
: On Thu, 3 Feb 2005 05:22:43 +0000 (UTC), Andrew Barss : wrote: :no spam wrote: :: The other day I heard a radio talk-show host state that "Liberalism is a :: mental disorder." I can't help but agree. : : :So, you're a dittohead, yes? Happily following the serial divorcer, drug :addict Rush Limbaugh down whatever path he decides to stagger, eh? : :Have fun! : : : -- Andy Barss Let me guess: Michael Weiner, who has a degree in biology, and who passes himself off as Dr. Michael Savage, political expert. A step even below Limbaugh in the grand scheme of things. -- AB |
#297
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In article , Andrew Barss wrote:
gregg wrote: : And this is patently untrue. Among other things, Article II, Section I. Exactly right. Hey, Andy -- you didn't read the Constitution before you posted that, did you? (Have you *ever* read it?) -- Regards, Doug Miller (alphageek-at-milmac-dot-com) Get a copy of my NEW AND IMPROVED TrollFilter for NewsProxy/Nfilter by sending email to autoresponder at filterinfo-at-milmac-dot-com You must use your REAL email address to get a response. |
#298
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Mark & Juanita wrote:
On Thu, 3 Feb 2005 05:22:43 +0000 (UTC), Andrew Barss wrote: no spam wrote: : The other day I heard a radio talk-show host state that "Liberalism is a : mental disorder." I can't help but agree. So, you're a dittohead, yes? Happily following the serial divorcer, drug addict Rush Limbaugh down whatever path he decides to stagger, eh? Have fun! -- Andy Barss Not the OP there Andy, but just FYI so you don't appear uninformed next time you launch your anti-limbaugh vitriol -- it weren't Limbaugh who uses that quote. It's a different talk show host, but I'll leave the determination of which one as an exercise for the reader. Let me guess: ' The vaunted Jay Severin? ;^) -- Saville Replicas of 15th-19th century nautical navigational instruments: http://home.comcast.net/~saville/backstaffhome.html Restoration of my 82 year old Herreshoff S-Boat sailboat: http://home.comcast.net/~saville/SBOATrestore.htm Steambending FAQ with photos: http://home.comcast.net/~saville/Steambend.htm |
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