SCOTUS on TV: “They Might Not Be Such Bastards” (March 26, 2012)

Posted in Constitution, Courts, Health Care, Journalism, Judges, Judicial Arrogance, Newspapers, O'Bama, Supreme Court on March 26, 2012 by e-commentary.org

. . .

C1          “The Supremes are hearing oral argument on ‘Romney – O’Bama Care’ this week.  The Supremes get free health care for life and get to decide whether ordinary Americans get health care.  They don’t get it.”

C2          “Are they listening or just sitting there allowing the barristers to babble.  Thomas is asleep.”

C1          “Or are they just blow harding to hear themselves blow hard.   ‘Romney – O’Bama Care’ is about personal responsibility and now the blow hards are contending that it impinges on personal freedom.  Cameras in the court room would provide some insight.”

C2          “Everyone might play for the camera.”

C1          “The lawyers and the Justices.  They can be so churlish and childish.”

C2          “Or arrogant bastards.  I was in the lawyer’s line last December minding my own business and listening to the other conversations.  She observed that the cameras likely would change everyone’s behavior.  And she matter-of-factly observed that the cameras might make the Justices behave more civilly.  ‘They might not be such bastards,’ she opined politely.”

. . .

[See the “e-ssay” titled “Breaking News: Supreme Court Elects To Decide 2012 Presidential Election (January 16, 2012)”]

Bumper stickers of the week:

SCOTUS – The ultimate Reality Television?

Who owns the courts?

If you’re not an intellectual, at least be intellectually honest.

Brave 1984 Farm: The Best Of All Possible Worlds (March 19, 2012)

Posted in Civil Rights/Civil Liberties, Consumerism, Facebook, Google, Internet, Military Commissions Act, Move To Amend, National Defense Authorization Act / FY 2012, Occupy Movement, Pogo Plight, Privacy, Society, Solstice, USA PATRIOT Act on March 19, 2012 by e-commentary.org

. . .

C1          “All I really needed to know I learned in junior high school.  Three junior high school standbys provide the road maps delineating our current collision course.  Brave New World chronicles a craven world sated and sotted with diversions and divertissements.”

C2          “Some say the phrase ‘bread and circuses’ captures the contemporary zeitgeist.  But bread will soon cost a lot more bread.  And a day at the circus may cost a month’s wages at the job lost by the breadwinner last May.”

C1          “And 1984 is the ‘how to’ manual for the emerging police state in America.  The USA PATRIOT ACT and the NDAA of 2012 provide the ‘legal’ cover.”

C2          “Some are concerned.  For over a century, the thinking set has struggled with the emerging notion of privacy.  An academic treatment in 1890, a judicial pronouncement in 1965 and a trenchant comment or two today raise real and troubling concerns.  However, without a real debate, discussion, plebiscite or referendum, we surrendered our privacy a few years ago.  It appears to be over.”

C1          “So now we good citizens can watch our favorite gladiators invade another town and vanquish fellow citizens on plasma tv while the government videos us on closed circuit video tv and Google and Facebook monitor us on our home monitors.  We should heed the warning in Animal Farm and the advice in the Old Farmer’s Almanac and make the sojourn back to the farm and the garden.”

C2          “The Occupy Movement and Move To Amend are the Black Swan taking slow flight and moving us off the couch and into the streets.  Six months ago, a few kids looked around and concluded that something is wrong and something must be done.”

. . .

[See the Fresh Air radio program on drones and the threats to privacy at http://www.npr.org/2012/03/12/148293470/drones-over-america-what-can-they-see]

[See the “e-ssay” titled “USA PATRIOT ACT (April 4, 2005)”]

Bumper stickers of the week:

T For Truth; J For Justice

Panem et Circenses

Il faut cultiver notre jardin.  We must cultivate our garden.  Candide, Voltaire

Do something different on the Equinox

Fukushima Daiichied (March 12, 2012)

Posted in Economics, Energy, Environment, Food, Gas/Fossil Fuel, Global Climate Change, Global Warming, Japan, Peak Oil, Perjury, Perjury/Dishonesty on March 12, 2012 by e-commentary.org

. . .

Cs          “They aren’t telling us anything.”

Sr          “They aren’t tellin’ us nothin’.”

Cs          “The great flotilla of death is floating east to the West Coast from the Far East.  The Pacific is now a polluted pond.”

Sr          “It’s in the air.  An air raid.  That’s the overriding problem.  Death from above.”

Cs          “The only thing the authorities can do is the only thing the authorities do.”

Sr          “Lie.  The official language of government and industry.  The problem is so overwhelming that there may be nothin’ that can be done.”

Cs          “What do you tell a populace that is already angry, broken, confused, desperate, enervated, and frustrated.”

Sr          “And bitter, cynical and distrustful.”

Cs          “The energy source designed to transition us from fossil fuels to renewable energy blew up on us in a day.”

Sr          “We are so Fukushima Daiichied.”

. . .

[http://www.greenpeace.org/international/Global/international/publications/nuclear/2012/Fukushima/Lessons-from-Fukushima.pdf]

Bumper stickers of the week:

3/11

Fukushima Daiichied Again

Boycott (Advertisers On) AM (Anger Mongering) Radio (March 5, 2011)

Posted in Boycott Series, First Amendment, Government Regulation, Less Government Regulation Series, Market Solutions on March 5, 2012 by e-commentary.org

. . .

C1          “Rather than getting the government into the business of regulating evil, vile and loathsome speech, let the citizens decide.”

C2          “I plan to design an easily remembered website providing an updated list of the names of the advertisers on AM (Anger Mongering) radio and television programs.”

C1          “Don’t buy the products or services.  e-mail your friends and neighbors with reminders not to buy the products or services.  Create something creative to spread the word on the net and design it to go viral.  If it does not go viral, try again.  Viral is virile.  Create a contest for the cleverest post.”

C2          “And tell the companies why you are not buying their stuff by writing a short e-mail note to the “Contact Us” address at the company website.  Make it a regular part of your daily routine.  Make a difference.  Make the airwaves safe for reasoned debate.”

. . .

[See http://www.npr.org/blogs/thetwo-way/2012/03/05/147954477/limbaugh-loses-seventh-advertiser-over-comments-about-law-student for an example.]

Bumper stickers of the week:

Boycott (Advertisers On) Hate Radio

Vote with your dollars

Lapel sticker of the week:

I boycotted _______ .  Ask me why.  [Fill in the product]

At War With The First Amendment (February 27, 2012)

Posted in Civil Rights/Civil Liberties, Congress, Constitution, Courts, Crime/Punishment, First Amendment, Judges, Less Government Regulation Series, Military, Supreme Court on February 27, 2012 by e-commentary.org

. . .

O          “Some guys who spent their days folding diapers at Fort Dix are proclaiming that they single-handedly won World War II.”

P          “And good old Congress comes to the rescue and imposes some more government regulations.  Congress again dictated that the government must decide and provided for more buffoons to be sent to prison at my expense.  The issue is so clear and simple.  We could agree to direct the government to make bumbling efforts to criminalize the goonery or we could vest individuals with the responsibility to determine the truth.”

O          “The Stolen Valor Act of 2005 is a misnomer.  Those in the service fought valorously for the First Amendment of 1791 not some shallow rah-rah legislation.  Curious that the government and business are in business to lie, yet we want the government to come in and prosecute someone who is not telling the truth and then deny that person his or her liberty.”

P          “The government already fulfills its role without the additional legislation and imposition on our First Amendment guarantees.  Look at the Department of Defense Form DD 214 prepared at government expense that provides the actual information about a person’s military service and awards.  The Court should take notice of the fact that little is private today particularly one’s military service from his or her first day as a private.  Perhaps the government could expunge the social security numbers and publish all DD 214s upon retirement.”

O          “Most of these scoundrels and fools are insecure and desperate but not criminal.  What if the Court simply issued a two word decision:  ‘First Amendment.’”

. . .

Bumper stickers of the week:

First Amendment Rules

The Stolen Valor Act – steals honor and denies rights

The Drums of War (February 20, 2012)

Posted in Afghanistan, Foreign Policy, Iran, Iraq, Journalism, Middle East, Newspapers, O'Bama, Press/Media on February 20, 2012 by e-commentary.org

. . .

+          “Can you hear the drums?”

–           “Loud and clear.  Five by Five.  I can smell them; I can feel them; I can taste them; I can see them.  Those who decide have decided to go to war with Iran.”

+          “I sense it too.  O’Bama’s comments before the Super Bowl were not reassuring.  Some of the militaristic rhetoric may be designed to force the players to reconsider diplomatic alternatives.  Von Clausewitz and all.  Most efforts appear to be directed at concocting a ruse or pretext or charade to go to war.”

–           “The only thing left to do is to fool the public.  That doesn’t even require creativity.  The American Empire is now committed to prosecuting two wars at all times.  We lost in Iraq, proclaimed victory and claimed to withdraw.  Now America has a free, but very expensive, pass to invade another country.”

+          “There really is no overriding strategy.  Imposing sanctions is the tactic to date.  The problem with sanctions is that a people may learn how to hunker down and live with them.  That which does not kill me and all.  And God bless the American public.  However, forty-five percent of the public will not even notice the different consonant.”

–           “The ‘Iraq, Iran, who cares, they are all towels’ mindset.  When the war starts, the most likely public reaction will be a quizzical look and a question asking whether we didn’t just leave there.”

+          “The group known as the Press does not seem as united in support of an attack as the gang was in early 2003.  Yet those calling for war are muting the few voices of dissent.  The drums are drowning out the guitars.”

–           “We just refuse to learn from our mistakes.  What if we decided to do something right and learn from our success?”

. . .

+          “Some say Falklands; some say Malvinas.”

–           “If you look at the map, you say Argentina.”

+          “If you wander around the Isla and talk to the folks, you say Britain.”

–           “Geographic location versus self-determination.  History seems to emerge historically and not logically.”

+          “History is like that.  So the only way to settle the matter is to embrace the time-honored tradition of killing batches of eighteen year olds.”

–           “Certainly trendy through the ages.  It is about sovereignty, yes, yet it is always about oil.”

+          “Perhaps they need to respect each country’s sovereignty and work on an arrangement to share the offshore resources in shared waters.”

–           “Deploying Billy was entirely ill-advised, provocative and unnecessary.  We just refuse to learn.”

+          “What if Billy had refused to deploy.”

. . .

Bumper stickers of the week:

No war, no sanctions, no intervention, no assassinations against Iran

I’m already against the next war

Jeremy Lin

Peaceful Presidents’ Day

The guitars of peace

Proposition H8 And The Enduring Appeal Of Fear And Hate (February 13, 2012)

Posted in Abortion, Antitrust, Bailout/Bribe, Banks and Banking System, Civil Rights/Civil Liberties, Congress, Constitution, Courts, Crime/Punishment, Gay Politics, Judges, Less Government Regulation Series, Miscegenation, Supreme Court on February 13, 2012 by e-commentary.org

. . .

K          “In the early 1960s, a constitutional law textbook included a lengthy chapter collecting pivotal decisions challenging Jim Crow laws.  A library in this state, a grammar school in that state, a swimming pool in this state, a drinking fountain in that state.  The campaign was undertaken one institution, one jurisdiction, one decision at a time.  There were successes; there were failures; there were more successes than failures.  The Civil Rights Act of 1964 (CRA) changed the ground rules.  These outdated cases are of interest to historians today; they are moot asides for lawyers.  The whole chapter was expunged and a new chapter unfolded to detail the legal dispute du jour.”

J          “The unfolding chapter is reading like the old one.  America is gasping its way through the same spasms regarding gay marriages and gay rights.  The long-run outcome is clear, but the path is rocky.  Gay marriages and gay rights will be the norm and the law in thirty years.”

K          “Gay rights are the civil rights issue of this generation.  Instead of passing laws to protect civil rights such as the CRA, however, Congress passes unconstitutional screeds such as the Defense of Marriage Act of 1996 (DoMA).  Perverse group, the gang that legislates congress.”

J          “In thirty years, the kids will dismiss the dispute as ‘weird’ or ‘bizarre’ or whatever the patois is at the time.  Until then, prejudice, hate and fear drives the fight.  The Ninth Circuit decision is another step in the long slog.  And now the outcome likely turns on Kennedy.  Someone observed that Kennedy observed that his gay clerks were . . . human.  He decided that they should be treated that way.”

K          “In Lawrence v. Texas.  Contrast the development of the law regarding gay rights with the development of the law involving abortion.  Last month marked thirty-nine years since the Supreme Court addressed abortion in Roe v. Wade.  Curious circumstances and decision.  The matter was decided not by the Warren Court but by the Burger Court.  Warren retired to go bass fishing or something in 1969.  The seven vote majority opinion was written by a Republican-appointed Justice (Blackmun) and was joined by three Nixon appointees (Burger, Powell, Blackmun), two Eisenhower (Stewart, Brennan), one FDR (Douglas), and one LBJ (Marshall) appointees.  Even with no Democratic-appointed justices at all, Roe would have become the law of the land solely on the votes of Republican-appointed justices.”

J          “Even with a clear precedent, challenges to abortion will still be caroming around the courts in thirty years.  Gay rights will be resolved.”

K          “We would all be better off if the government got out of the bedroom.”

. . .

[See the Ninth Circuit decision in Perry v. Brown at http://www.ca9.uscourts.gov/datastore/opinions/2012/02/07/1016696com.pdf.]

[See the “e-ssay” titled Less Government Regulation Series: Love and Marriage (May 19, 2008).]

[See the “e-ssay” titled Fire Your Attorney General (November 7, 2011) and review http://www.nakedcapitalism.com/2012/02/mortgage-settlement-as-attorney-general-sellout-deal-is-not-done-and-final-version-guaranteed-to-be-worse-than-advertised.html.  The bankers murdered the body politic (and economic) with malice aforethought and all we could offer them is an overdue book fine.]

Bumper stickers of the week:

“All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted marriage licenses and thus legally to use the designation of ‘marriage,’ which symbolizes state legitimization and societal recognition of their committed relationships.  Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.  The Constitution simply does not allow for ‘laws of this sort.’”

Let freedom ring; let love rule

Good to have loved and lost; better to have loved and won

Happy Valentine’s Day

The “Gun Show Loophole” (February 6, 2012)

Posted in Civil Rights/Civil Liberties, Guns, Iran, Law, Less Government Regulation Series, National Defense Authorization Act / FY 2012, USA PATRIOT Act on February 6, 2012 by e-commentary.org

. . .

GO1       “Since her shooting, the overtly violent language has abated, yet the underlying violence is still there.  In politics and in life.”

GO2       “Here’s a partial solution.  There is no centralized or computerized list of gun owners or gun ownership in America.”

GO1       “Except the list of gun owners maintained by the National Rifle Association.”

GO2       “I am talking about the government.  Look at the actual process.  Before selling a gun, a gun dealer conducts a background check of an individual.  If the individual passes the background check, the dealer makes the sale and keeps a record.  The record is not sent anywhere and is not accessible and just sits in a file cabinet in the back room of the store.  Only if a gun is used in a crime is an effort made to trace the purchase by using the serial number and contacting the manufacturer and then the dealer and then the purchaser.  That is the most decentralized and non-computerized tracking scheme in America.  The system only allows for the tracking of the ownership of an offending gun not of the names of owners of guns.”

GO1       “And the current system does not require us to surrender any fundamental rights.  Look at the rights that have been surrendered in America by Americans without any resistance since 9/11.  The USA PATRIOT Act, the detention provisions in the NDAA of 2012, and so on.”

GO2       “The problem is that a troubled soul can go to a gun show and buy a gun.  Why arm the goons?  Simply require the same background check for any sale at a gun show.”

GO1       “The mayors and the police chiefs know what needs to be done and support the closure of the gun show loophole.  Congress should simply implement their sound and experienced judgment.”

GO2       “Gun sales in a back alley are still a problem.  The most balanced policy may be to require all gun sales to be conducted by a gun dealer.  Gun dealers are all private sector businesses in an industry at the retail level that is among the least monopolized in America.  The gun dealers could compete to facilitate the sales and perhaps offer to handle the sale for free with a fifty dollar purchase of gear.  That should address some of the problem and satisfy the critics.”

GO1       “Except for the insane irrationality of the NRA.”

GO2       “They are coming around.  Institutions change, albeit slowly.  Someone at the NRA may realize that adoption of rational and focused legislation undermines the effort to impose irrational and sweeping confiscation.  We need to keep guns out of the hands of psychos to allow guns to be kept in the hands of law-abiding citizens.”     

. . .

[See the “e-ssays” titled “On Magazines (February 21, 2011),” “Incite, Sarah, Indict? (January 10, 2011),” “O’Bama Arming Industry (November 22, 2010) and “Gun Control, NRA Style (January 9, 2006).”  And “On The Vernal Equinox (March 21, 2011)”]

[February 4 – No War On Iran National Day of Action]

Bumper sticker of the week:

Citizens deserve guns; Psychos do not

The Kids (At The Fed) Are Not Alright (January 30, 2012)

Posted in Banks and Banking System, Bernanke, Federal Reserve, Greenspan, Kleptocracy, Prison/Criminology, Society on January 30, 2012 by e-commentary.org

. . .

K          “They sound like a bunch of seventh graders snapping their towels in the locker room and squealing at each other.”

J          “Seems that the model of adult life as ‘high school writ large’ has degenerated into ‘junior high school writ large.’”

K          “Civilization may be on the retrograde as our society slides into collapse.  Our national destiny may be heading toward a state of ‘kindergarten writ large.’  Too many of our politicians have problems ‘playing well with others.’  At least at the Fed, the clowns were all playing ‘Ring Around The Rosie’ with each other while disregarding the decline outside.”

J          “The Fed should be required to release transcripts every year rather than after five years.  What is transpiring and conspiring is too important to wait.”

K          “Years ago, the notion of ‘Groupthink’ was trendy.  The idea is that a group may be more concerned about maintaining harmony that developing a realistic perception of the situation they confront.  You wonder if even one of the Fed economists was writing internal e-mails warning of what was obvious to anyone who looked outside.”

J          “And got together after work with a friend over a beer and despaired about the situation.”

. . .

K          “Grab a sheet of paper and jot down the names of three individuals, trained as economists or not, who have a clue about what is going on in the economy.”

J          “. . .  How about two?”

K          “Two will do.”

J          “. . .  I am working on it.  . . .  How about one?”

K          “One is a start.”

J          “. . .  Can I have until tomorrow?”

K          “Take your time.  Larry Summers’ statement about women in scientific disciplines may be 180 degrees from the truth.”

J          “Summers is reliable because he is reliably wrong especially about the ‘dismal science.’”

K          “The only individuals who have a clue in our society about our economic circumstances are women – Brooksley Born, Sheila Bair, Elizabeth Warren, Yves Smith, Nicole Foss, Gretchen Morgenson, Terry Gross, Christine Lagarde, etc.”

J          “That is because women care.  When you think about it, the forte of our fellow males is starting wars and filling prisons.  When you get right down to it, the males who start the wars should fill our prisons.”

K          “Talent is a mix of a tutored and sage intellect, personal and intellectual integrity, and good old-fashioned courage.  America simply does not have talent at the top.  The élite is not élite.  And the current feeder system of universities, foundations and fellowships is designed to ferret out the same charlatans and promote them into positions of power in America.”

. . .

[See the article and comments in “The Washington Post” discussing the delusions at the Federal Reserve Bank six years ago at http://www.washingtonpost.com/business/economy/greenspan-image-tarnished-by-newly-released-documents/2012/01/12/gIQAvh0mtP_story.html.]

[See the “Frontline” program titled “The Warning” discussing the shenanigans of Greenspan, Summers, Rubin and their ilk and the courage of Brooksley Born at http://www.pbs.org/wgbh/pages/frontline/warning/.]

[See the “e-ssay” uploaded exactly six years ago to the minute titled “Greenspan’s Legacy – Apres moi, Le Meltdown (January 30, 2006).”]

Bumper stickers of the week:

The nerds won, but not the smart or courageous ones.

What clothes is the Emperor not wearing today?

Plus ca change . . .

Move To Amend: Occupy The Courts (January 23, 2012)

Posted in Citizens United Decision, Courts, Move To Amend, Occupy Movement, Supreme Court, Vietnam on January 23, 2012 by e-commentary.org

. . .

C1          “Friday was a formal ‘Conference Day’ for the Supremes.  I doubt they conferred and expressed doubts about their decision.”

C2          “Citizens United is uniting citizens.”

C1          “These rallies unite the old Vietnam War protest crowd and the kids who recently were able to drink legally.”

C2          “The gathering of the gray hairs and the long hairs.  I looked around and wondered what the kids of the Vietnam crowd were doing on an overcast day.  And what the parents of the protesting kids were doing.” 

C1          “Working, if they are lucky.  To be have a job and get time off is a rarity today.  You have to hand it to the Supreme Court Police who handled the situation judiciously.”

C2          “The right presence and not a riot presence.  Wearing their blue uniforms and regular hats and not sporting the black Darth Vader riot gear, riot shields and riot clubs was a calming influence.”

C1          “Another day at the office.  The ceremonial barrier ringing the stairs was well positioned to allow the public to assemble and the police to establish a reasonable buffer.”

C2          “That ‘three percent’ is always there and made up what . . . about three percent of the crowd?  The dozen kids who trashed some of the barriers and advanced up the stairs did not advance the cause.  I understand their outrage, yet replacing the broken barriers will require public resources that could be used to provide fencing around a playground.”

C1          “When the group knocked down the barrier and moved up the steps of the Court, the Supreme Court Police had to make a quick decision.  Allowing the group to advance up three steps was about as much real estate as they could reasonably yield.”     

C2          “The violence done inside the Court does not justify or excuse the destruction done outside.  There is something about the right to peaceably assemble.”

C1          “No mace, no beatings, no arrests.  Nice touch.”

C2          “However, there may come a time when it will be necessary for all good men and women to come to the aid of their country and to storm the ramparts.”

. . .

[See the “e-ssays” titled “Bill/Melinda and Warren, It Is Time To Get Into The Game (January 25, 2010) and “Corporations United (Feb. 15, 2010).”]

[See “www.movetoamend.org.”]

Bumper stickers of the week:

Do courts exist for the benefit of judges and corporations or for the benefit of the people?

When money speaks, the Truth is silent.

The system is not broken.  It is fixed.

Negroes are not citizens.  Dred Scott (1857) (mooted by the 14th Amendment); Corporations are persons.  Citizens United (2010) (mooted by the 28th Amendment?)

I won’t believe that a corporation is a person until Texas executes one.