Supreme Court Archives - Page 9 of 12

Constitutional allies

2013 marks the 100th anniversaries of 16th and 17th Amendments.

It’s Constitution Day!

Earlier in the year, I was inclined to agree with Jon Stewart of The Daily Show that most of the Constitution seems to be under attack, except that the Second Amendment right to bear arms seemed to be sacrosanct. For instance, the Supreme Court has chipped away at the Fifth Amendment right to remain silent.

Worse, it felt that only a relative handful of people were concerned. That has visibly changed, and the opposition to governmental overreach is bipartisan.

Item from Newsmax:

“The American Civil Liberties Union is joining tea party activists in opposing the use of armed drones and other counterterrorism operations to kill suspected terrorists, even American citizens.

“A recently surfaced Justice Department memo revealed that drones can strike against a wider range of threats, with less evidence, than previously believed.

“Both the ACLU and tea party groups cite the Fifth Amendment, which says that Americans are guaranteed due process of law under the Constitution and that the classified program circumvents that right.

Item from Newsmax:

“Stopwatching.us has gathered more than a quarter of a million signatures, including the libertarian Competitive Enterprise Institute and the conservative FreedomWorks and Restore America’s Voice.
Most of the selected signatories on the page are from more liberal groups, such as the Daily Kos, MoveOn.org, Green Peace, and Occupy Wall Street NYC.”

Now President Obama has decided to get Congress’s input in our Syria policy, consistent with the legislative body’s Constitutional war making authority. The Tonight Show’s Jay Leno recently quipped: “And if that works there’s talk of bringing back the REST of the Constitution!”

The Constitution is not “left” or “right”, people have started to have figured out.

In a book review, Jaquandor pondered: “Do I believe in the Constitution? I suppose so, in that I believe that we have a government that is structured according to the provisions contained within the Constitution’s pages. And that’s about all that I believe about it. I don’t believe that there is anything especially sacred about the Constitution, and I don’t believe that the Constitution represents some kind of moment when we rose to greatness. In truth, the Constitution is a muddled mess of a document, and the government it creates isn’t so much a brilliantly constructed Machine of Democracy as a hodge-podge, ramshackle mess of compromises with difficulties exacerbated by some really poor writing.”

2013 marks the 100th anniversaries of the 16th and 17th Amendments. The 16th, which allowed for a federal income tax, is almost universally despised, not just because it levies taxes, but because the tax code has become so cumbersome that one needs accountants and lawyers to fully exploit the loopholes that other accountants and lawyers have inserted into it.

The 17th Amendment calls for the direct election of US Senators, which previously had been selected by state legislatures. Seems like a no-brainer, but there is a cadre that continues to call for its repeal. Here’s why.

March on Washington, a half century later

When Jackie Robinson joined major league baseball in 1947, that did not mark the end of racism and segregation.

It’s likely you’ll see a LOT of stories about the 50th anniversary of the March on Washington. Every single one will marvel at how much progress has been made in America in the area of race, since 1963. Almost all will point to a black President, the current Attorney General, and two recent Secretaries of State as examples. The divergence in opinions come on this point: some will claim that we have “reached the promised land,” making sure to paraphrase Martin Luther King, Jr. from that day a half-century ago – as though he were the only speaker there – while others will suggest that we haven’t quite gotten there yet.

When President Obama suggested that we look at race again in light of the Trayvon Martin case, that Obama could have been Trayvon 35 years ago, some, such as Touré at TIME, thought it was a brave personal observation. He wrote: “The assertion that blacks are hallucinating or excuse-making or lying when we talk about the many very real ways white privilege and racial bias and the lingering impact of history impact our lives is painful. It adds insult to injury to attack all assertions of racism and deny its continued impact or existence.”

Others labeled Obama “racist-in-chief”, playing the “race card” and worse. When Former Florida GOP Congressman Joe Scarborough lit into Fox News talk-show host Sean Hannity last month for suggesting that Martin was a messed up teenager who “had it coming” when he was killed by George Zimmerman in their February 2012 confrontation, the bile cast on the Morning Joe host, Martin, his parents, Jesse Jackson, Al Sharpton, among others, by a website I follow was toxic. The always dreadful Ted Nugent said that Martin had been ‘Emboldened’ By Obama, “the first black president as a ‘Black Panther’ running a ‘gangster’ government.”

Here are four charts suggesting Obama’s right about being black in America. Being profiled is, more than anything, disheartening, I can tell you. After George Zimmerman was acquitted of murdering Trayvon, Lavar Burton, the original Kunte Kinte of Roots fame, noted how he had taught his sons to keep their hands open and out of the car. Meanwhile, a white guy on the same show noted that he had once locked his keys in the car, so he tried to break in; a New Orleans police officer stopped him, saying, “No, you’re not doing it right.”

There’s this show on ABC called What Would You Do? It’s a hidden camera show that looks at human psychology. I don’t watch it, but I find it interesting that several of their experiments involve race. A most powerful one involved actors pretending to be bicycle thieves. From this story: When a white young man appeared to be taking a bike, most people didn’t question it. Yet when the African-American actor took his place, “the reactions were more pronounced. At one point, a crowd assembled around the purported thief and confronted him directly. One man pulled out a cellphone and said he was calling the police, which he was about to do until the cameramen filming the event stepped forward.”

When Jackie Robinson joined major league baseball in 1947, that did not mark the end of racism and segregation. It took over a decade before every team had at least one black player. It was 1987, when Al Campanis, general manager of the DODGERS, which was Jackie’s team, rationalized on national TV why there weren’t more blacks in baseball management; I watched it live, stunned. As a direct result, the sport was far more aggressive in making sure minority candidates at least got interviewed for a management position. They took an AFFIRMATIVE ACTION to rectify a system, not of overt racism, but merely cronyism, hiring the guys one already knows.

And speaking of which, the US Supreme Court seems destined to gut the Voting Rights Act and affirmative action, under the mistaken belief that everything is all better now. The economic inequities would otherwise. Almost 400 years have passed since blacks came to America, and that there is still work to be done does not negate the progress. Nor does the progress suggest that Martin, if he were still alive, and his colleagues, some of whom still alive, and their successors, would be resting on their laurels, satisfied that the work is done.
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Leonard Pitts: Living in a time of moral cowardice.

If you could somehow magically bring [Martin Luther King, Jr.] here, that tomorrow would likely seem miraculous to him, faced as he was with a time when segregation, police brutality, employment discrimination, and voter suppression were widely and openly practiced.

Here is tomorrow, after all, the president is black. The business mogul is black. The movie star is black. The sports icon is black. The reporter, the scholar, the lawyer, the teacher, the doctor, all of them are black. And King might think for a moment that he was wrong about tomorrow and its troubles.

It would not take long for him to see the grimy truth beneath the shiny surface, to learn that the perpetual suspect is also black. As are the indigent woman, the dropout, the fatherless child, the suppressed voter, and the boy lying dead in the grass with candy and iced tea in his pocket.

ARA: The way my mind works

The hardest Presidents to remember were Taylor, Fillmore and Pierce, which sounds like a law firm

CHRIS: Ooo, what does the infinity symbol symbolize?

Gee, I thought it was a sidewards eight.

Good on you with the presidents’ thing. The three presidents in one year has happened twice and three in two years but more than one year happened once (by my count using http://en.wikipedia.org/wiki/List_of_Presidents_of_the_United_States), none of which I knew before the discussion came up.

Three in one year was 1841 and 1881, that’s correct. Hadn’t thought about three in two years, but that would be 1849-1850, with Polk, Taylor and Fillmore.

Which brings me to my next question: how do you learn so many random things? Did you, for example, set out to memorize all the presidents and the years? Or does your brain do that “naturally”?

After minutes of self-psychoanalysis, this is what I’ve concluded

1) As a child, I had the foolish notion that should know all the knowable things in the universe.

2) To that end, I used to read encyclopedias – the Americana as a child – dictionaries, and especially the World Almanac, which I have received for Christmas almost every year since I was nine or ten.

3) Realizing at some point that “all the knowable things in the universe” a) was impossible to know and b) was not interesting to me, I tended to concentrate on things like sports (Willie Mays hit .211 in his last season, with the New York Mets), and American history and politics.

4) My specific interest in Presidents, and the Constitution, now that I think about it, probably came from the trauma of the assassination of JFK. “Oh, no, what happens now?” Oh, they have a contingency plan for that! (I’m not sure I could have told you we HAD a Vice-President on November 21, 1963, when I was 10 and a half, let alone that Lyndon Johnson was that guy.)

5) Even more specifically, when JFK was killed, there were all these coincidences with Lincoln that showed up in the newspaper – oh, I used to read the newspaper even then:
a) Lincoln was elected in 1860, JFK in 1960
b) both had Vice-Presidents named Johnson
c) Lincoln reportedly had a secretary named Kennedy, and Kennedy a secretary named Lincoln (I never confirmed that, BTW)

6) This got me thinking about all those previous “accidental Presidents,” starting with Tyler, then Fillmore, A. Johnson, Arthur, T. Roosevelt, Coolidge, and Truman. So it was a small step to get all their dates in order. The hardest ones to remember were Taylor, Fillmore and Pierce, which sounds like a law firm. My daughter tests me regularly with weird stuff like “Who’s the 27th President?” I don’t know, but I remember Cleveland was the 22nd AND the 24th, so I get to Taft soon enough.

7) It seemed a natural progression to start reading the Constitution. (Sidebar: I got to talk to another Chinese delegation at work on the 5th of July. I just happened to come across a box of booklets with the Declaration of Independence and the Constitution, that I found while sorting things in the attic, so I gave them copies. I also gave a copy to a guy on the bus I know in the context of what the Supreme Court’s June decision on the Defense of Marriage Act did, and did not do.)

8) Of course, the interpretation of the Constitution came from the Supreme Court, and in the 1960s, the Court was dealing with a lot of significant issues involving freedom of the press, the rights of defendants in criminal trials, and civil rights. I could not have cited, e.g. New York Times v. Sullivan (1964) or Gideon v. Wainwright (1962) or Loving v. Virginia (1967), but I believe I was more aware of their implication than most of my classmates at the time. (Hey, speaking of Taft, which I did a couple of paragraphs back, did you know he became Chief Justice of the Supreme Court? Or that he’s the guy pictured?)

9) Conversely, there are plenty of things I DON’T know, starting with the makes and models of automobiles. I recognized a ’66 Ford Mustang recently, but in general, cars have two doors or four and are cars or those larger things (SUVs, minivans). All midsize silver-gray cars look the same to me.

Hyperplastic polyps, and other things

It has rained every day for the past couple weeks in Albany, NY.

This is a picture of my mother’s class (kindergarten or first grade, from the 1933 date). Can you find her? My, they all look so sullen. I mean, I know it’s the Depression and all, but dang.

In that TMI category, there were a couple of polyps removed from my colon in late June. They were hyperplastic, a term I had never heard/seen before. This means that not only are they BENIGN, but they also do NOT turn into cancer. Compare this with polyps that are adenoma type, also BENIGN, but need monitoring. Not to mention outcomes that could have been worse. So I won’t bore you with my colonoscopy tales for another decade.

If it wasn’t for people such as Doug Englebart, I wouldn’t be communicating with you. The tools he helped develop in computing are used today on the Internet. I started watching the lengthy video here from 1968(!). At about 19 minutes in, he’s essentially describing the hyperlink; at 30 minutes, the computer mouse; later, Google.

I knew Google RSS feed reader was going away. Now I get an e-mail from Bloglovin every day – found it easier for me than some of the others that were suggested, such as Feedly.

There was so much to write about the Supreme Court cases in June. Yet the only thing I could muster was a piece in my other blog that the so-called Defense of Marriage Act (DOMA) is only partially dead, i.e., Section 3, while Section 2 survives. Those widespread news reports saying otherwise were wrong.

I actually started writing a piece on how crazy Justice Antonin Scalia was in the month of June, but I just lost my mojo for it. Mark Evanier put it well: “I don’t understand a lot of the logic behind [the] rulings on Gay Marriage. Scalia’s dissent in the overturning of the Defense of Marriage Act reads to me like the rebuttal to his support the day before in the castration of the Voting Rights Act;” that’s about right. SCOTUS voted 9-0 on the gene patent case, correctly, to my mind, but Scalia’s “reasoning” was bizarre. Yet I actually agreed with the rebuttal of the Supreme Court’s support for DNA testing of arrestees.

Arthur, rightly, was complaining a few weeks ago about the immigration reform bill Marco Rubio (R-FL) co-sponsored but threatened to kill it if gave gay couples immigration rights. So I found it quite entertaining that, as a result of part of the Defense of Marriage Act being struck down, a US citizen who is married to a non-American of the same gender will be able to sponsor his or her spouse for immigration in exactly the same way that legally married opposite-gender couples can. And the first couple approved by the US Citizenship and Immigration Services is from…Florida. Was that REALLY a coincidence?

When I feel discouraged about the body politic, I realize I need to find and read this book: The American Heroes of Social Justice.

Need to wish a belated happy 25th anniversary to Denise Nesbitt, the progenitor of ABC Wednesday, and her husband Jon.

At some point, it has rained every day for the past couple of weeks in Albany, NY. It doesn’t bother me as much as it does others, based on the whining in social media, though it HAS been difficult to mow the wet grass. Now some local towns around here suffered sudden, severe flooding; THOSE people can complain. Still, I prefer it to the arid 100F+ (38C+) temperatures out in the western US.
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I’m reading The 10 nerdiest jokes of all time, and this one made me literally LOL, with the intro, “Is there ever a wrong moment to make an existential funny?”

“Jean-Paul Sartre is sitting at a French cafe, revising his draft of Being and Nothingness. He says to the waitress, ‘I’d like a cup of coffee, please, with no cream.’ The waitress replies, ‘I’m sorry, Monsieur, but we’re out of cream. How about with no milk?'”

D-Day, as in discovery

Finding myself agreeing with Scalia: “Make no mistake about it. Because of today’s decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason.”

There’s a blogger called Altonian, who is writing a lot about The War Years in England, most recently: “Alton received its fair share of evacuees during the war, most of which came from London.” With my life proceeding as it has, I had not sought to follow any more bloggers. But I saw him comment on the blogs of both Berowne AND Sharp Little Pencil; both of them I met on ABC Wednesday, which, BTW, you can join too.

Berowne, BTW, generally takes a movie or play, changes it up, and sees if you can recognize it. For his current entry, I must admit, I didn’t recognize the movie until he gave a vital hint. Only then was it obvious to me. (I never saw the movie, having fallen asleep watching it on video.)

Amy at Sharp Little Pencil has been writing a string of great poems: a political rant -I don’t rant nearly so well; her manic depression, which she has dealt with; surviving sexual abuse, which she has also dealt with; and a celebration, all in this calendar month.

Appreciated LoveSong: SamuraiFrog and Rainy Days and Mondays on Splotchy’s site. Even without his obsession for Paul Williams, I got to the same place with the song.

Re: ABC Wednesday, I had to deal with a load of spam on the site, all fairly recent. It was a pain; yet its removal felt very cleansing, not as irritating as you would think.

I was struck when Melanie wrote: “It isn’t easy to be still- even when you are sick and can’t move much! That’s because stillness is also a quality of soul.”

I realized, as much as anything, the recent Supreme Court ruling, which states that police can routinely take DNA samples from people who are arrested but not yet convicted of a crime, operates the efficiency over justice model. Finding myself agreeing with Antonin Scalia: “Make no mistake about it. Because of today’s decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason. But the proud men who wrote the charter of our liberties would not have been so eager to open their mouths for royal inspection.” Faster – when it tramples on the Fourth Amendment right against unreasonable search and seizure – is not better.
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Some recent passings:

Frank Lautenberg, the Last of the New Deal Liberals. The New Jersey Democrat was the last WWII soldier left in Congress. Interesting that Governor Christie has called a special election in October, rather than saving the taxpayer dollars money, by holding it in November. Interesting political calculation.

There would be no ALL IN THE FAMILY without Jean Stapleton.

I used to love to read the syndicated column of Andrew M. Greeley: Priest, Author, Scholar, Scold.

David “Deacon” Jones was the original sackmaster of the National Football League. When I think of the original Fearsome Foursome on the LA Rams, I recall Jones, who the Hall of Fame defensive end who later had his own foundation to help kids; the late Merlin Olsen, who eventually showed up on Little House on the Prairie and other programs; and the still living Rosey Grier, who also played for the NY Giants, and liked to knit. Always seemed to forget the late Lamar Lundy, for some reason.