Supreme Court – Page 16 – The Wrongologist

A Civil War Meditation

May 9th was the 150th anniversary of the end of the Civil War. It passed unnoticed in most national media. Despite Lincoln’s Emancipation Proclamation, America’s black citizens were not truly free until MLK made us really see their problems during the Civil Rights movement of the 1960’s. In 1965, the 100th anniversary of the Civil War, the Voting Rights Act was passed.

The Voting Rights Act, along with the Civil Rights Act of 1964, were the largest step forward for equal rights in our nation’s history, certainly more important than the Emancipation Proclamation.

We are fascinated by the Civil War because it is an epic story. The American Republic was founded in 1789, and the nation only lives 72 years with slavery before it is torn apart by the argument over states’ rights, and the right to own slaves. We go on to fight a war that kills some 750,000 people, (equal to 7 million today). We then free 3.5 million people overnight, and then take years to try to put the country back together. Today, about 1 in 3 Americans can trace an ancestor to one side or the other in the Civil War. That adds up to about 100 million of our population who are remotely connected to the war.

What is sometimes lost in the story is that Lincoln, a Republican, introduced big government to America. At the start of the war, the country had a weak central government. Lincoln built the centralized state. Consider what Lincoln created:

• The first national income tax
• The first military draft
• The Quartermaster Corps, which became the 2nd largest employer in the country during the war, behind only the Union Army
• The largest confiscation of property in US history when he emancipated the slaves. Slave owners in the South lost $3.5 billion of net worth in the process
• A re-imagining of the US Constitution, passing the 13th, 14th, and 15th Amendments, ending slavery, formalizing birthright citizenship, creating black male suffrage, and guaranteeing equal protection under the law. It can be said that these Amendments were a second American revolution.

Conservatives ask: “Where did big government come from?” It was invented by Lincoln, a Republican, to win the Civil War. If the Civil War ended with Constitutional Amendments that can be called a 2nd American Revolution, perhaps the Civil Rights and Voting Rights acts of the mid-1960’s was yet a 3rd American Revolution. And there may be other “revolutions” to come.

Yale University Professor of Civil War History, David Blight wrote in The Atlantic that the nation has never truly gotten over that conflict. He says that the great issues of the war were not resolved at Appomattox, and in a sense, not only is the Civil War not over, it can still be lost.

When we think about the legacy of the Civil War, one of the issues that we have re-visited since the Reagan era is the revival of a debate about states’ rights and the place of federalism in our Republic. This is a persistent legacy of the Civil War, the issue of state power versus federal power: does America owe its first loyalty to the Supremacy Clause of the Constitution, that says the Constitution, federal statutes, and treaties are “the supreme law of the land?” Or does the 10th Amendment come first, which states that the federal government possesses only those powers delegated to it under the Constitution?

Professor Blight says that the question we have to ask the states’ rights supporters is: “states’ rights to do what?” Or, “for whom and against whom?”

During the Civil War, the states’ rights argument was used to preserve the racial order in the South. Today, the states’ rights debate is hidden in the term “limited government”, versus the right’s categorization of “big government”.

Lately, conservative partisans have brought back “nullification”, but couched in near-Orwellian terms, such as “right to work,” or, “religious freedom.” We have 36 state legislatures controlled by Republicans that are trying to eliminate abortions, remove environmental protections, enhance gun rights, and privatize education, all of which need a weaker federal government to succeed.

And every time a politician of the South says she/he is “standing on principle” and pledges “a return to our founding principles of limited government and local control,” our progress from the time of the Emancipation Proclamation, through the New Deal reforms, to the 1960’s Civil Rights acts are again threatened.

50 years after the Voting Rights Act, we are finally aware that there are millions of Americans who have never fully accepted the verdict of Appomattox.

As Professor Blight said this week in a BBC lecture, as long as we continue to debate states’ rights, and as long as we continue to leave the “problem” of racism unresolved, we will need to study our Civil War.

Sunday Cartoon Blogging – May 3, 2015

Baltimore riots, Nepal earthquakes, same sex marriage in front of the Supremes, Bernie Sanders runs against Hillary. Quite the week.

Did the Baltimore riot result in a move towards justice for Freddie Gray? It is more than an exaggeration to say the rioting caused manslaughter indictments against 6 Baltimore police officers. With the city electing Marilyn Mosby, a daughter and granddaughter of police officers as the Maryland state’s attorney for Baltimore City over an incumbent white Democrat, maybe the indictments would have happened without the riots. Could the justice system now be working a bit better because people in Baltimore voted?

Seven months after Michael Brown, systematic failure to deliver justice in our cities is playing with fire, possibly, a little like 1965 all over again. The number of people in the streets in other cities in solidarity with Baltimore has been growing. And the hot spots are New York, Chicago, Los Angeles, Oakland, St. Louis, Philadelphia, Baltimore, Atlanta and poor suburban cities with police departments that grift with fines and court penalties.

Indictments notwithstanding, this is Baltimore and many other cities:

Clay Bennett, Chattanooga Times Free Press

If you watched mainstream media coverage, all of Baltimore was on fire:

Gay marriage discussion brought out the best in our politicians:

And ministers now have a new take on the old question:

Same Sex wasn’t the only type of marriage decided by the Supremes:

Bernie Sanders threw hat in the ring, and almost no media covered it:

Nepal was on everyone’s mind, including Christian bigots:

Ever hear of Tony Miano? He’s a former LA cop who seems to be a Christian. He should ask “What would Jesus tweet?” because what he did was an epic fail for a human, much less a Christian. Miano could be organizing a drive to collect donations, but instead, he’s tweeting about “pagan temples” and how the people of Nepal need to repent and receive Christ.

Onward, Christian soldiers!

Sunday Cartoon Blogging – April 26, 2015

On Tuesday, the Supreme Court will hear arguments on whether same-sex marriage bans are constitutional. Gay marriage is currently legal in 36 states. And, by the end of this Supreme Court term in June, same-sex couples will either be able to wed in all 50 states, or gay marriage bans may be restored in many states where they’ve been struck down.

Opponents of same-sex marriage shouldn’t worry, because Rep. Steve King (R-IA), the Pride of Iowa, has their backs. He proposed legislation to strip federal courts of the ability to make any ruling on marriage. His “Restrain the Judges on Marriage Act of 2015” would, if enacted, strip federal courts of jurisdiction in all cases related to marriage. The bill would leave the issue solely to State courts. Mr. King released this statement along with his bill:

For too long, federal courts have overstepped their constitutionally limited duty to interpret the Constitution. Rather, federal courts have perverted the Constitution to make law and create constitutional rights to things such as privacy, birth control, and abortion. These un-enumerated, so-called constitutionally-protected rights were not envisioned by our Founding Fathers.

He isn’t alone with the “my religion is supreme” arguments:

Mike Huckabee warns gay rights will outlaw Christianity: Because God-fearing Americans know that the gayz will destroy traditional marriage and Christianity. Is THAT what you want, America?

Anti-Gay Activists: We Are Prepared to Die to Fight Gay Marriage ‘Slavery: E.W. Jackson, the 2013 Republican nominee for lieutenant governor of Virginia said this at the National Press Club. Maybe dead anti-gay activists is not such a bad idea.

Iowa GOP official says Christians should enjoy special rights: No, Steve King didn’t say this, it was Tamara Scott, a Republican National Committeewoman. She conceded that Muslims had First Amendment rights, but she said Christianity should be favored under US law.

Look, these charlatans have to whip up their base, those Gulfstreams aren’t going to buy themselves.

So in honor of their ideas, the anti-gay right gets a free McDonald’s next time in NYC:

GOP jerks twerk for Koch dough. Very hard to un-see this:

Loretta Lynch finally gets ticket punched to DC:

Europe still thinking about an acceptable migrant solution:

Earth Day comes and goes with speech-making and little change:

Sunday Cartoon Blogging – April 19, 2015

Sunday’s reason to fear for humanity:

Médecins Sans Frontières, (MSF, or Doctors Without Borders) just announced that it will launch search and rescue operations for undocumented migrants trying to reach Europe by boat from North Africa. Last year more than 3,400 people died at sea. This year, the death toll is predicted to be even higher, since more are trying to make it, and the European Union has cut funding for at-sea assistance by 80%.

The BBC reports the prevailing view in Europe is that helping save boat people will just encourage more to take the risk of a Mediterranean crossing. In fact, the EU has funded a border control operation, called Triton, with fences in some countries, and which only operates vessels close to Europe’s coast at sea. From Arjan Hehenkamp, MSF’s general director:

Europe has turned its back on people fleeing some of the worst humanitarian crises of our time…The decision to close doors and build fences means that men, women and children are forced to risk their lives and take a desperate journey across the sea.

So, Europe is saying, “Stay away, and should you try, be prepared to die”.

Some of the boat people are not prizes either: According to CNN, a boat with 105 people trying to get from Libya to Italy reported that Muslim passengers threw 12 passengers overboard because they were Christians. All 12 died. The remaining passengers said they avoided the same fate by forming a human chain and putting up a fierce fight.

Is this cavalier treatment of human life becoming the new normal? There has always been violence between clans and religions since prehistory. But when a refugee is on his/her way to (supposedly) a shot at a better life, why would a reflexive thought be; “kill the infidels”?

And why would the 28 member states of the European Union so willing to let “other” people die? Wotta world.

On to cartoons. It was a busy week for JEB!, Hillary and Rubio. And a gyrocopter dropped an info bomb about Citizens United on the Capitol:

The Park Police seized the mail the pilot was carrying, and why not? The letters were useless to Congress-critters — there was no money stuffed in the envelopes.

JEB! tries to explain checking the “Hispanic” box on his voter registration form:

Sen. Rubio explains his reasons for running:

But it looks like Hillary vs. Jeb, so everything old is new again:

Fortune Magazine says 42% of American workers make less than $15/hour. That means minimum wage workers will miss the boat:

Corporations Are Using Free Speech To Undermine Regulations

There is a Corporatist supremacy movement operating below the radar in America. US Corporations are using the First Amendment to undermine the corporate regulatory fabric that has been built up since the founding of the Republic. You know about the Supreme Court’s decision in Citizens United, which said that corporations were legal persons entitled to free speech rights. You remember last year’s decision in Burwell vs. Hobby Lobby, where the Supreme Court decided that the mandate in Obamacare requiring corporations to pay for some of their employees’ contraception is a violation of the company’s First Amendment right of religious expression.

Here are a few examples you may not know about:

On April 14, 2014, a federal court ruled that corporations have a First Amendment free-speech right not to tell anyone if they’re financing “war and humanitarian catastrophe” in Congo. The court decided that although corporations can usually be required to disclose “purely factual and uncontroversial information,” but, in this case, that this principle is limited to government efforts to protect consumers from deception.

The regulation was an obscure provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) that requires companies to inform the public if their products use conflict minerals. In the case of conflict minerals, the Act’s goal is to let consumers know if the products they are buying are helping to finance war.

To the court, that provision of Dodd-Frank is unconstitutional, because “it requires an issuer to tell consumers that its products are ethically tainted, even if they only indirectly finance armed groups.”

This is part of a growing Corporate movement to use their rights of Free Speech under the First Amendment to escape regulation, and it has been steadily winning victories in the federal courts.

Another case: In 2011, the National Labor Relations Board (NLRB), released a rule requiring businesses to put up an 11”x17” black-and-white poster notifying employees of their rights under federal law. Beneath the official NLRB seal and above the phrase “This is an official government poster,” it informed employees that they have the right to join, or not to join, a union, and that they cannot be coerced into doing either.

The National Association of Manufacturers sued the NLRB and In May, 2013, the US Court of Appeals in the DC Circuit struck down the NLRB’s rule on First Amendment and statutory free speech grounds. The Court said it did not matter that the “speech” in question was a non-ideological poster that stated US law. And it did not matter that the rule placed no constraints on companies’ speech or on the free flow of information. The Court held that the act of compelling a company to “host or accommodate another speaker’s message” was enough to violate its free speech.

Over the past few years, corporations like Nike, Verizon, Google, and the credit ratings agencies like S&P and Moody’s have been crafting (and winning in court) with innovative new First Amendment defenses to blunt all sorts of “government intrusions”.

What’s going on? The right of free speech was closely connected with the defining idea of government by “We the People“. James Madison explained that in his view, “free communication among the people” is “the only effectual guardian of every other right.”

From the Country’s founding until late in the 20th century, the courts didn’t rule that the First Amendment protected very much of corporate speech. But now, Corporations are busy collecting a portfolio of First Amendment case law that establishes that corporations have a First Amendment-protected right to avoid much of government regulation. If this continues, it will change our society:

• There will be no corporate transparency
• No way to enforce workers’ rights
• No way to compel companies to protect investors or shareholders

Most financial regulations will cease to provide meaningful value to consumers.

Perhaps we have to ask our Courts to remember Justice John Marshall, who wrote in 1819, “A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.”

All of the regulations that helped foster a strong economy and a strong middle class during the 1940’s through the 1970’s are now being weakened through a Corporatist revolution, enabled by our courts.

America is looking at the start of another period of unfettered capitalism. The rise of the Corporatists is at hand. We have reached the point now where we have government of the Corporation, for the Corporation.

What are you (we) gonna do about it?

Monday Wake Up Call – March 9, 2015

Today’s Wake Up is for a few people and their terrible ideas. Sadly, they reflect the current state of our nation. The Selma march to Montgomery was about voting rights, voting rights that became codified into law in The Voting Rights Act of 1965. This photo taken during the march to Montgomery on March 25, 1965 shows a young black man in white face making the point about what it took to be a voter in Alabama in the 1960’s:
Charles Fentress Jr., The Louisville Courier-Journal

But, despite all of our progress, open (and covert) hostility to civil rights and minorities are still with us, even at the Selma commemoration. You have to look no further than South Carolina’s black GOP Sen. Tim Scott for proof. Sen. Scott (R-SC), was an honorary co-chairman of the Selma trip. He is the only African-American Republican in the Senate. He said voting rights and the commemoration of Selma should be “de-coupled”:

The issue of voting rights legislation and the issue of Selma, we ought to have an experience that brings people together and not make it into a political conversation…

We should “de-couple” civil rights from the struggle that necessitated it? He wants warm and fuzzy, because that’s the only way some lawmakers can stay busy disenfranchising whole groups of Americans, and still smile when they attend the commemoration of the Selma march.

Taken to its limit, what Sen. Scott wants us to do is to now pretend Selma isn’t about voting, because that means the Voting Rights Act was unnecessary. And that makes the Supreme Court’s 2012 decision in Shelby County (Alabama) vs. Holder, which effectively gutted the main provisions of the Voting Rights Act, the right way to look at the state of voting rights in America today. Sadly, that’s all wrong.

An example of overt hostility was shown by a billboard, within sight of Mr. Obama and the Edmund Pettus Bridge where he spoke on Saturday. The billboard depicts KKK founder and Confederate General Nathan Bedford Forrest with the Confederate Flag in its background:

It is hard to see, but under the image of Forrest is his motto: “Keep the Skeer on ‘Em.”

Indeed. This brings home to us again the William Faulkner quote, “The past is not dead; it is not even past”. In fact, it is all too present. Time to wake up, America!

Here is Barenaked Ladies doing “Brian Wilson”. Many know that Wilson, the key singer-songwriter of the Beach Boys, had a nervous breakdown in the mid-1960’s at the height of the group’s fame. He later took to his bed for 3 years. Wilson had a psychiatrist, Dr. Eugene Landy, who took advantage of him and his money, and is mentioned in the Ladies’ song.

America, you are now “lying’ in bed just like Brian Wilson did”. Republicans are your Dr. Landy. Wilson said that he cured himself by trucking in sand to his house for inspiration. America, get your sand! Here is “Brian Wilson”:

Interestingly, Wilson later covered the song in 2000, on his album, “Live at Roxy Theater”.

Your Monday Hot Links:

Lockheed Martin claims it now has the ability to generate cheap energy from nuclear fusion with little waste or global warming. Lockheed calls this “Compact Fusion” and says it can build a reactor small enough to fit on a truck that could provide enough power for a city of up to 100,000 people. Invest at your own risk.

A Google research team is developing a model to measure the trustworthiness of a web page, rather than how many hits it gets. The system, not yet live, would count the number of incorrect facts within a page. The software works by tapping into the Knowledge Vault, the vast store of facts that Google has pulled off the Internet. Facts that the web unanimously agrees on are considered a reasonable proxy for truth. Web pages that contain contradictory information are bumped down the rankings. Searching for web sites based on their truthiness? We’ll see.

A cyber-attack in late December involved a smart refrigerator. C/NET reported that 100,000 devices sent upwards of 750,000 spam emails. Consumers have virtually no way to detect or fix infections when they do occur. So, your fridge could have spam two ways…

Like humans, apes make irrational economic decisions. New research suggests that choice biases, such as loss aversion, might be evolutionarily ancient. Oh, and they found that male apes were much more susceptible to bad decisions than were female apes. It’s not your fault, its evolution that’s to blame when you buy an RV without telling your wife.

New York’s Lincoln Center paid the heirs of Avery Fisher $15 million so they could name Avery Fisher Hall after David Geffen. Fisher’s family had threatened to sue if his name was removed, so Lincoln Center, looking to raise $500 million, really wanted to take Geffen up on a $100 million donation in return for naming rights. So, they paid up, and now there’s going to be a David Geffen Hall in New York.

Sunday Cartoon Blogging – March 8, 2015

March is Wrongo’s favorite month, because it has March Madness™ and Daylight Savings Time.

Yesterday was the 50th anniversary of the Selma march. On Jan. 14, 1965, newly elected Alabama Gov. George Wallace said in his inaugural address in front of the Alabama State Capitol:

Today I have stood, where once Jefferson Davis stood, and took an oath to my people… I draw the line in the dust and toss the gauntlet before the feet of tyranny…and I say…segregation today, segregation tomorrow and segregation forever.

On March 7, 1965, the first Selma to Montgomery march began and ended with the events of “Bloody Sunday,” when 600 civil rights marchers, asking for the right of black Alabama residents to register to vote, were attacked by state and local police with billy clubs and tear gas at the Edmund Pettus Bridge.

On March 9, 1965, another march by 2,500 this time, including many who had come from other parts of the country, was led by Dr. King and others to the Edmund Pettus Bridge, where a court order prevented them from going all the way to Montgomery.

Finally, on March 21, 1965, Federal District Court Judge Frank Johnson ruled that the march could proceed and, the 4-night march began in Selma. 8,000 started the march, but only 300 were allowed to make the entire 54-mile trek to Montgomery. Let us return to March 25, 1965, and read some of Dr. King’s words to the nation that day:

I know you are asking today, “How long will it take”?…I come to say to you this afternoon, however difficult the moment, however frustrating the hour, it will not be long, because “truth crushed to earth will rise again.” How long? Not long, because “no lie can live forever.”
How long? Not long, because the arc of the moral universe is long, but it bends toward justice.

On to a busy week in the laughable. The ACA was on trial in the Supreme Court:

The DOJ cites Ferguson, MO police for institutional racism:

Netanyahu and the Republicans see things the same way:

Hillary’s email flap may or may not be a big problem, but it reminds America of Bill:

Some folks seem to be changing their minds about Hillary after the email flap:

Sunday Cartoon Blogging – February 8, 2015

Today is Sunday, the day when Christians worship their God. So, it’s appropriate that we focus on the reaction of certain right-wing Christians to Mr. Obama’s talk at the National Prayer Breakfast last Thursday. He spoke for about thirty minutes but the part of the speech that the right wing are focusing on is when he brought up the Crusades: (brackets by the Wrongologist)

Humanity has been grappling with these questions [violence in the name of religion] throughout human history. And lest we get on our high horse and think this is unique to some other place, remember that during the Crusades and the Inquisition, people committed terrible deeds in the name of Christ. In our home country, slavery and Jim Crow all too often was justified in the name of Christ.

The righties are complaining that Obama is saying that Christianity is equivalent to ISIS. Which of course, isn’t what he said. He was saying that Islam was not ISIS, and demonizing Islam for the sins of ISIS is hypocritical, because, among other reasons, Christians have plenty to answer for, given their historical actions in the name of religion. So, conservatives are slamming Obama for not equating terrorism with Islam. For example, Jim Gilmore, former Republican governor of Virginia said:

He has offended every believing Christian in the United States…Mr. Obama does not believe in America or the values we all share.

The blog Red State said:

Barack Obama, leftwing community organizer and closet theologian, used the National Prayer Breakfast to throw a tu quoque at anyone critical of Islam while continuing to fancy himself as the Pope of Islam

When did the clearly dominant religion in the US develop a glass jaw?

Mr. Obama has attended this prayer breakfast each year to speak about his faith. And the things he said this time were things that Christians agree with: that at times, the religion has been perverted, that we have to walk humbly before God, that God’s purposes are mysterious to us. These thoughts are accepted by every Christian. And so what he said was normal, a recognition of historical fact, and an urge towards some level of perspective and humility.

But what Obama says is never enough for these crypto-Christians. And as for American’s Christian conservatives, they love, love, love violent retribution. One example is their love affair with torture. Do you need the reminder that Sarah Palin said about waterboarding:

that’s how we baptize terrorists

Here is your OTHER approved form of Sunday worship:

But today, we have as many deniers as believers:

Mr. Christie, a denier, needs a different vaccine:

Mr. Romney’s exit creates a stampede:

Bibi gets to address Congress, but teleprompter has ideas:

Brian Williams not always honest:

Happy Martin Luther King Day!

Although it was first observed in 1968, Martin Luther King Jr. Day wasn’t recognized by all 50 states until 2000. It isn’t simply a day about the man; it’s a day about a Dream. MLK remains the hero of a certain generation of Americans for whom activism was a building block of their personal journey to adulthood.

In most ways, our nation has lost that sense of can-do, that all things are possible if you follow your Big Idea, because sadly, we no longer have people who can rally us to make Big Ideas happen. And isn’t it fascinating that the three men of the 20th Century who had big ideas and brought them to fruition, Gandhi, Mandela and Dr. King, all faced “it can’t be done” opposition, often violent, from the white power base in their countries. All three modeled non-violence for their followers, and all three lived to see their Big Dream become a reality in their own country.

Since it is Wake Up Monday, here are 3 songs that pay tribute to Dr. King, his ideals and his relentless drive for equality. It is important to remember that he was just 39 when he was killed.

First, “Glory” by Common and John Legend from the soundtrack of the current movie “Selma”:

50 years later, we are far from completely erasing our race-related issues, except on TV, where all day, every day, commercials show people of all races having fun together while shopping for fast food.

Let’s work together to make it a reality outside of TV before too many more MLK days come and go.

Next, U2’s “Pride (In the Name of Love)“. From their 1984 album, “The Unforgettable Fire”:

If listeners have any doubt that Martin Luther King Jr. is the subject of the song, these lyrics drive the point home:

Early morning, April 4
Shot rings out in the Memphis sky
Free at last, they took your life
They could not take your pride.

But, MLK’s assassination took place in the early evening, rather than the early morning. That didn’t matter, everyone loves the song, and the Edge’s guitar at the start is one of the most recognizable riffs of the 1980’s.

Finally, the Wrongologist’s favorite MLK song, “Southern” by OMD from their album “The Pacific Age“. On April 3, 1968, in Memphis, King delivered his last speech, which we now know as his “I’ve been to the mountaintop” speech. He was assassinated the next day. OMD samples some of the content of that speech for their song “Southern”:

Although everyone knows the “I’ve been to the mountaintop” part of the speech, Wrongo thinks our focus should be on the following:

I want young men and young women, who are not alive today
But who will come into this world, with new privileges
And new opportunities
I want them to know and see that these new privileges and opportunities
Did not come without somebody suffering and sacrificing
For freedom is never given to anybody

Why should we focus on that part of the speech? Because one day down the road, and it will not be long, young people will have forgotten what MLK meant to America, and how whatever remains of their rights came to be.

They won’t know anything about the intellectual foundations of the Constitution and the Bill of Rights. Or, how the 13th Amendment ending slavery came about, and why, 100 years later in 1965, the Voting Rights Act was passed, or how 48 years later, in June, 2013, the Roberts Court eviscerated it.

So, today, teach a child about why MLK is important.

The Wrongologist

Geopolitics, Power and Political Economy

Category: Supreme Court