Constitution Day 2015

Eliminating birthright citizenship… It implies a reckless urge to break down ancient legal principles without inquiring why those traditions existed in the first place.

Close up of the Constitution of the United States of America with quil feather pen
Close up of the Constitution of the United States of America with quill feather pen

Constitution Day is tomorrow, so I found some articles from the previous 12 months, pulling out quotes, to commemorate it. I suggest you read the whole article.

Civics For Dummies: Judicial Review
People who dislike particular court rulings often imagine that this power of judicial review wasn’t in the Founders’ original vision at all; somewhere along the line the Supreme Court just usurped it. But in fact, the Founders foresaw judicial review and approval.

How the NRA Rewrote the Second Amendment
“‘One loves to possess arms’ wrote Thomas Jefferson, the premier intellectual of his day, to George Washington on June 19, 1796.” What a find! Oops: Jefferson was not talking about guns. He was writing to Washington asking for copies of some old letters, to have handy so he could issue a rebuttal in case he got attacked for a decision he made as secretary of state. The NRA website still includes the quote. You can go online to buy a T-shirt emblazoned with Jefferson’s mangled words.

Opinion analysis: Reasonable mistakes of law by police do not violate the Fourth Amendment
The vague word “unreasonable” in the Fourth Amendment is a lawyer’s playground, and questions about what sort of circumstances constitutionally permit law enforcement seizures have thus plagued the federal courts since the Fourth Amendment was adopted.

Arizona, the Supreme Court and the End of Gerrymandering
In the fullness of time, it all wound up in litigation, in a wrangle over the definition of the word “legislature” that eventually reached the Supreme Court. What is a “legislature,” exactly? Is it a body of elected officials? Is it a body appointed by the people to perform a specific legal purpose? Can it be both?

Nothing Is More “Conservative” Than Birthright Citizenship
Make no mistake, eliminating birthright citizenship would require an overthrow of established traditions. It implies a reckless urge to break down ancient legal principles without inquiring why those traditions existed in the first place. In short, it requires precisely the sort of thing conservatives are supposed to be against.

The Five Worst Supreme Court Justices In American History, Ranked
Even amidst this dark history, certain justices stand out as particularly mean-spirited, ideological, or unconcerned about their duty to follow the text of the Constitution.

June rambling #2: composer James Horner, and coloring books

John Oliver: Helen Mirren Reads the Most Horrible Parts of the Torture Report and What the Internet Does to Women.

The Internet Age of Mean.

11 Ways White America Avoids Taking Responsibility for its Racism. “The pernicious impact of ‘white fragility.'” Slurs: Who Can Say Them, When, and Why. And Churches Are Burning Again in America.

President Obama’s extraordinary eulogy in Charleston, SC.

A black man and a white woman switch mics, and show us a thing or two about privilege.

Using music in political campaigns: what you should know.

SCOTUS_SpideyThis is actual content from the Supreme Court decision by Elena Kagan in Kimble v. Marvel Enterprises, Inc., decided June 22, 2015.

Bobby Jindal’s bizarre hidden camera announcement to his kids that he’s running for President.

Meh, cisgender, jeggings, and other new words added to the Oxford English Dictionary.

Arthur shares the Father’s Day message from Upworthy.

For Adults, Coloring Invites Creativity And Brings Comfort.

This School Was SHOCKED By What They Found Hidden Behind The Chalkboard. Might I say, though, that the phrase “my mind is blown” is highly overused.

Anti-Slavery Hamilton Gets Pushed Off The $10 Bill, While Genocidal Slaver Jackson Stays On The $20 and Here’s Why Andrew Jackson Stays and Alexander Hamilton Goes. I’m not happy about it, especially since I’m a member of the church Hamilton once attended. And I’m still pulling for Harriet Tubman to get on some bill, preferably on the larger denomination.

Serena Williams Is America’s Greatest Athlete. It was true last September when the article was written, and after her French Open win, still applicable.

Now I Know: It’s Not Pepto Bismol Lake and King Friday XIII.

Jaquandor loves waffles.

Meryl explains Beanworld.

Two Weeks of Status Updates from Your Vague Friend on Facebook.

Evanier points to the 27 shows have been announced for the coming season featuring Audra McDonald, Bruce Willis, and Al Pacino.

Comedy Central in the Post-TV Era: “What’s the difference between a segment on a TV show and the exact same segment on a YouTube channel? Tens of thousands of dollars.”

Comedy Central is running every Daily Show since the day Jon Stewart began, on January 11, 1999, in a 42-day marathon over on this site. It started on June 26.

Eddie rambles about his health & Emmylou Harris’ cool award, among other things.

rainbow_white_house_avatar
Evanier’s Patrick MacNee stories.

Farewell, James Horner, who composed a lot of music for movies I’ve seen.

Jim Ed Brown of the Browns singing trio (“The Three Bells”) passed away at the age of 81.

From 2012: The making of Disraeli Gears, my favorite album by Cream.

SamuraiFrog ranks Weird Al: 50-41.

Tosy ranks the songs of U2’s Songs of Innocence.

Bohemian Rhapsody on a fairground “player” organ that is more than 100 years old.

Just for you, Dan: The Tremeloes, who covered Good Day Sunshine.

A Stevie Wonder cover: Don’t You Worry ‘Bout A Thing – Jacob Collier.

Muppets: Thor, God of Thunder.

GOOGLE ALERT (me)

Bloggers ADD has met, including yours truly.

Arthur takes the ‘I Side With’ quiz.

SamuraiFrog’s dad and Carly Simon.

GOOGLE ALERT (not me)

Roger Green lost both of his children, Amanda and Lance, in separate DUI crashes. “Green and his wife Anita raised their children in rural Oklahoma.”

“Love never was just a straight thing”

It’s been nearly 50 years since CBS News first took on the subject of gay rights.

we_the_people.equalEarlier this month, Arthur posted Uniquely Nasty: The US Government’s War on Gays. I had not heard these stories.

Also, 42 years ago, and I had heard about this, possibly from the aforementioned Arthur, The Worst Mass Murder Of Gay People In US History.

Not to mention Franklin D. Roosevelt’s forgotten anti-gay sex crusade.

So, during Pride Month, it is a most pleasant comparison to celebrate the Supreme Court case OBERGEFELL v. HODGES, Argued April 28, 2015—Decided June 26, 2015. Here are President Obama’s comments, and Andrew Sullivan: It Is Accomplished.

As Jim Obergefell, the name on the case said in an ACLU fundraising letter:

The road to this incredible victory stretches back to 1970, to Jack Baker and Michael McConnell, who brought the first challenge to laws against same-sex marriage. It runs up to 2013, to Edie Windsor, who toppled the Defense of Marriage Act. And it extends through 2014, when Kyle Lawson, Joanne Harris, Paul Rummel, and many others fought for the freedom to marry in their home states. We owe a deep debt of gratitude to these heroic people.

On the CBS Evening News of June 26, the On the Road guy, Steve Hartman said: “It’s been nearly 50 years since CBS News first took on the subject of gay rights. It was in a documentary. You’ll recognize the host, Mike Wallace, but you won’t recognize your country…”

You can watch the controversial report, which aired March 7, 1967 – my 14th birthday, and I believe I watched it at the time – and read Wallace’s later regrets about it. (You can find the former video elsewhere, tied to very pointed anti-gay propaganda.)

Hartman continued:

So much has changed in the last 50 years. But one thing hasn’t. At the end of the 1967 documentary, the guy behind the plant [to hide his identity] said something that could have just as easily come off today’s satellite feed. It was a wish.

“A family, a home, someplace where you belong, a place where you’re loved, where you can love somebody. And God knows I need to love somebody.”

Love never was just a straight thing. As the court has now confirmed, it’s a human thing.

***
The NPR news story.

More Than A Dozen Landmarks Turned Rainbow.

The conservative case for marriage equality.

 

Charleston

It is difficult to acknowledge that racism still exists in the “post-racial” United States,

Charleston.victims
Once and future blogger New York Erratic asked a timely question:

Was the attack at the South Carolina church terrorism?

OK, I guess I should answer that. But I have to work through the whole incident, because, save for the school shootings in Newtown, CT in December 2012, the story of nine people murdered in their CHURCH for being BLACK has overwhelmed me more than any other story not involving me personally in over a decade.

Actually, I tried greatly not to write about it at all, but here’s the thing: I spent the first 72 hours after hearing about the event alternating between tears and rage. While putting down my thoughts doesn’t solve the problem, it helps ME try to make sense of the senselessness.

I grew up in an AME (African Methodist Episcopal) Zion Church, an offshoot of the AME church that was targeted. There might not have been an AME church at all had it not been for the racism of the Methodist church back in the 1780s – a trait no doubt shared by other churches.

I belonged to a United Methodist (UM) church in the 1980s and 1990s when there was a desire on the part of the shrinking Methodist connection to create a Pan Methodist union. After all, if Sunday morning was the “most segregated time of the week,” ought the church be a reconciling agent? The AME and AMEZ are members of the connection, but the merger that some UM members wanted at the time I don’t think is the cards. The black church has quite often been at the forefront of social change, and its white allies more than occasionally were slow off the mark.

Those folks in Charleston, at the Emanuel AME Church, I knew them. I don’t mean personally. But I understood how they operated. The church community surely celebrated their recent college graduate, Tywanza Sanders, 26. They had pride in their professionals, such as high school coach/teacher Sharonda Coleman-Singleton, 45, and librarian Cynthia Hurd, 54, whose name will appear on a local library branch. But they also respected the hard-working folks such as custodian Ethel Lance, 70. They honored the wisdom of their older members, such as Susie Jackson, 87.

DePayne Middleton-Doctor, 49, was a minister at the church, while Daniel Simmons, 74, was a retired pastor. Myra Thompson, 59, received her license to the ministry the VERY NIGHT SHE WAS KILLED. And lead pastor Clementa Pinckney, 41, was not only preaching since he was 13, but was also the youngest African American state legislator in South Carolina’s history, elected to the S.C. House of Representatives in 1996, at the age of 23, and to the state senate four years later.

Once the story goes from “nine people murdered in a church” – the headline partially blocked in the Charleston paper by a gun ad – to those particular individuals killed, there’s a new wave of grief. Watching the relatives of the family members forgive Dylann Roof was extraordinary, and it brought me to tears yet again.

Thus, when certain people started saying what I can only describe as stupid stuff regarding their deaths, I became infuriated.

Probably most toxic: NRA board member Charles Cotton blamed Clementa Pinckney, a victim of the shooting, for his own death and the deaths of the others, because “as a state senator, Pinckney supported tougher gun regulations and opposed a bill that would have allowed people to carry concealed guns in churches.”

Another thread is that the nine people shot multiple times was NOT about racism, despite a wealth of evidence, from Roof himself to the contrary. Dylann Roof wrote in what appears to be his manifesto, filled with pictures of him with the Confederate battle flag:

“I have no choice. I am not in the position to, alone, go into the ghetto and fight. I chose Charleston because it is the most historic city in my state, and at one time had the highest ratio of blacks to Whites in the country. We have no skinheads, no real KKK, no one doing anything but talking on the internet. Well someone has to have the bravery to take it to the real world, and I guess that has to be me.”

The resistance to acknowledging that this is racism – hey, Roof has at least one black friend! – is, I suspect, because it is difficult to acknowledge that racism still exists in the “post-racial” United States, especially in one so young, 21. Many had comforted themselves to think the old segregationists would eventually die off, and that equality would be achieved. Frankly, I never quite believed that, though I don’t know if that was a function of cynicism or realism.

Speaking of that Confederate flag, I’ve listened, REALLY listened to the argument that the flag symbolizes “Southern heritage” and “tradition,” and I even believe that some of the people spouting this really mean it. But whose heritage? It does not, and will never, represent black Americans. It is a reminder of an oppressive system designed to maintain wealth by owning human beings. And subsequent to the Civil War, it’s been used as a symbol to incite terror, mostly on black people.

Yes, I support removing the Confederate flag from the South Carolina statehouse, from the design of the Mississippi state flag, and from other government functions. Obviously, I am pleased that South Carolina governor Nikki Haley has reversed her position and called for the Confederate flag to be removed from the grounds of the state Capitol.

As Ta-Nahisi Coates put it, “Take down the flag. Take it down now. Put it in a museum. Inscribe beneath it the years 1861-2015. Move forward. Abandon this charlatanism. Drive out this cult of death and chains. Save your lovely souls. Move forward. Do it now.”

This is interesting: in June 2015, in the case of Walker v. Texas Division, Sons of Confederate Veterans, Inc., black conservative Supreme Court justice Clarence Thomas provided the decisive vote to allow the state of Texas to refuse to print a specialty license plate bearing the much-loved and hated Confederate battle flag.

Yet, I don’t have confidence that banishing the symbol to museums will rectify the racism that, for so many, it represents. The Wall Street Journal says institutionalized racism no longer exists in Charleston, a dubious claim to say the least, given the death of Walter Scott in April 2015; filmed evidence suggests he was unarmed and shot in the back by a policeman.

My great fear is that all the talking points will be rebutted and nothing will change. President Obama talks about “someone who wanted to inflict harm had no trouble getting their hands on a gun,” and it becomes “Obama’s trying to take our guns.”

If the massacre in Charleston – or any number of similar events in recent U.S. history- had been committed by a foreign invader, we would practically go to war. “How many billions will we spend fighting the terrorist organization known as institutionalized racism? How many American lives are we willing to risk to protect America?”

So yes, NYE, it was a terrorist act. Per the FBI, the definition of “domestic terrorism” means activities with the following three characteristics:

Involve acts dangerous to human life that violate federal or state law [CHECK];
Appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination. or kidnapping; [CHECK] and
Occur primarily within the territorial jurisdiction of the U.S. [CHECK]

Americans, on American soil, are being radicalized by ISIS to carry out threats against police and other domestic targets. Likewise, Dylann Roof, who had to repeat the ninth grade, had been radicalized by right-wing, white supremacist rhetoric, probably online as well.

It’s also possible that he is crazy or evil or the Manchurian Candidate. Truth is, I don’t much care what they label it. BTW, if you haven’t seen it, watch ‘I got nothin’ for you’: An emotional Jon Stewart puts the jokes aside to discuss racism in America.

One last thing: I tend to agree with Larry Wilmore about the religious aspect of this. “Four black girls were murdered in a church bombing in Birmingham, Alabama, in 1963. Back then, no one pretended to wonder what the motivation was. If you tried to say it was about religion, even the perpetrators back then would have corrected you.”

If anyone would like to help the families of the shooting victims, the City of Charleston has set up the Mother Emanuel Hope Fund to help the families pay for funerals for their loved ones, counseling services, and other needs as they continue to heal from the tragedy.

You can give to the fund at its website, http://www.motheremanuelhopefund.com.

Or by mailing a donation to:
Mother Emanuel Hope Fund
c/o City of Charleston
P.O. Box 304
Charleston, SC 29402

The struggle is long, and its path uneven

Kentucky is arguing a philosophy that was struck down by SCOTUS nearly 50 years ago.

no.you
A friend of mine posted something on Facebook about some local bit of bigotry; there are so many, I can’t keep track. At some level, I become a tad inured, which I reckon is not a good thing. Still, these news stories caught my attention.

ITEM: Tom Cotton Says Critics Of Indiana Should Get ‘Perspective,’ Be Thankful State Doesn’t Execute Gays. It’s amazing! Before he organized that letter that was signed by 47 Republican senators that was sent to Iran during the US government’s negotiations with that country, I didn’t even know who he was.

Now I do recognize the name and face of the freshman senator from Arkansas, but not for any good or noble reasons.

BTW, that so-called Religious Freedom Indiana law was well explained on FOX News. Seriously

ITEM: Lawyers for the state of Kentucky actually put this in legal papers:
“Kentucky’s marriage laws are not facially discriminatory to gays and lesbians based upon their sexual orientation. Kentucky’s marriage laws treat homosexuals and heterosexuals the same and are facially neutral. Men and women, whether heterosexual or homosexual, are free to marry persons of the opposite sex under Kentucky law, and men and women, whether heterosexual or homosexual, cannot marry persons of the same sex under Kentucky law.”

Seriously, I laughed out loud. It was because they were using the exact same structure of an argument as was used by courts in the mid-1960s when trying to uphold rules against mixed-race marriage. “Because its miscegenation statutes punish equally both the white and the Negro participants in an interracial marriage, these statutes, despite their reliance on racial classifications, do not constitute an invidious discrimination based upon race.”

On June 12, 1967, the Supreme Court unanimously ruled, in Loving v. Virginia, that the anti-miscegenation laws of Virginia and 15 other states were unconstitutional. Kentucky is arguing a philosophy that was struck down by SCOTUS nearly 50 years ago. This is not just bigoted thinking, it’s bad lawyering.

ITEM: There is a strong relationship between having higher income inequality in a community and the life expectancy of the people who live there. Moreover, that income inequality in the United States is far greater than most people realize.

And one of the WORST places is the Albany, NY metro, which ranked last in US for black children’s healthy development, according to a front-page story in the Times Union on April 2.

ITEM: Two school districts in Kansas announced that the academic year would end early because they lack sufficient funding to keep the schools open.

“The school closures are just the latest in a series of drastic measures that Kansas public services have been forced to take in recent years, as [Governor Sam ] Brownback’s radical tax cuts have drained state coffers of much-needed revenue.” AND he was re-elected in 2014 by four percentage points.

ITEM: If You Don’t Have a Smart Phone, You Don’t Exist – At Least, Not According to Hollywood. Subtitle: “In TV and film, the idea that only bad guys have flip phones is making the tech divide even wider.”

As my friend Alan noted, “When only poor people and villains are depicted as having non-smartphones, it’s sending a message that I think is probably harmful in the long term. I noticed Reddington [the amoral lead character played by James Spader] was using a burner flip phone last night on The Blacklist. Would not have noticed if I hadn’t read the article.”

ITEM: Study Confirms Tea Party Was Created by Big Tobacco and Billionaire Koch Brothers. This is not a particular surprise to me. “In 2002, the Kochs and tobacco-backed CSE designed and made public the first Tea Party Movement website under the web address www.usteaparty.com;” THAT I did not know.

ITEM: Noam Chomsky on the Roots of American Racism.
“It’s easy to rattle off the usual answers: education, exploring and addressing the sources of the malady, joining together in common enterprises — labor struggles have been an important case — and so on. The answers are right and have achieved a lot. Racism is far from eradicated, but it is not what it was not very long ago, thanks to such efforts. It’s a long, hard road. No magic wand, as far as I know.”