Monthly Archives: February 2016
This is how it’s done
And that is why, after years of claiming President Obama refuses to follow the Constitution, he is now being told by the Senate GOP to not follow the Constitution when it comes to Replacing Justice Scalia.
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The GOP only wants the president to follow the Constitution if it is something that they think they can benefit from.
Consistency?
Do they know their audience?
The Millennials are those people born between about 1980 and somewhere in the 90s.
Most were born after Reagan’s presidency, and those born during it were not really aware of him as president. What they know of him comes from what people tell them, and some of that is mythological and easily fact checked.
Although Eisenhower was president in my younger days, the most I really knew about him was that the man down the street thought him a god, and every weekday Big Brother Bob Emery had us drink a glass of milk to him on his show at noon as he played Hail to the Chief.
What I know of the reality of the presidency of Ike only came later when I was old enough to analyze politics, so it would not have been very effective to compare a presidential candidate I could vote for with a person who had 2 or 3 presidents after him, especially if they expected me to somehow remember him all that well.
So appealing to their fears of Communism when it comes to politics, or an assumed worship of Ronald Reagan does seem a bit irrelevant to those who were born after both.
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Millennials are more supportive of social liberal policies relative to other demographics.
When they hear the term “Socialists”, rather than being the name of a threat, they look at countries like Denmark, Finland and the Netherlands, and not Communist Russia.
So when the GOP candidates attempt to use Socialism as a scare tactic, they are obviously speaking to an old, thinning generation, and not the younger one that has now surpassed the Baby Boomers in numbers.
Doesn’t seem to be the best approach.
A little out of touch, perhaps.
Death is not an excuse for silence
Some negative, yet true things have been said about Justice Scalia since he died, but it needs to be remembered that they were also said while he was alive as well.
I understand the sentiments of those who advise others to be respectful, to avoid vitriol, and to be the better person, but I also know that some of the things said by Scalia about Gay people, either in his capacity as Justice or as a guest speaker at some event, were filled with vitriol and disrespect.
His negative statements on the Bench had a direct affect on how some people were treated, and his statements at speaking engagements had the indirect affect of leading people to believe their actions against others were somehow justifiable.
I can punch someone, direct, or lead someone to believe that someone should be punched, indirect, but either way, someone gets hurt.
This was Scalia.
When he was negative, he was very negative, and dangerous.
These are some things he had to say about me.
“Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.”
And, because some people find homosexuality immoral for “justifiable” reasons or more often mere uninformed opinion, that is why state sodomy bans were constitutional and teachers could lose their jobs.
If people like me, I can have rights; if they don’t, I can’t
“Of course it is our moral heritage that one should not hate any human being or class of human beings, but I had thought that one could consider certain conduct reprehensible—murder, for example, or polygamy, or cruelty to animals—and could exhibit ’animus’ toward such conduct. ”
He said this in relation to Colorado’s ban on anti-discrimination laws protecting gay people because we are the same as murderers and animal abusers.
In Lawrence vs Texas, Scalia admitted banning consensual acts between two people of the same sex “undoubtedly imposes constraints on liberty. So do laws prohibiting prostitution, recreational use of heroin, and, for that matter, working more than 60 hours per week in a bakery.”
And such bans furthered “the belief of its citizens that certain forms of sexual behavior are immoral and unacceptable… [like] fornication, bigamy, adultery, adult incest, bestiality, and obscenity.”
Thus I cannot express love toward a partner because it is the same as prostitution, recreational use of heroin, adultery, adult incest, and bestiality?
When it came to laws that ban Gay people from having sex, his thoughts were, “[The law] doesn’t say you can’t have any sexual intimacy. It says you cannot have sexual intimacy with a person of the same sex.”
He insisted such laws were not discriminatory against Gays because, well, they banned heterosexuals from having Gay sex too.
“Men and women, heterosexuals and homosexuals, are all subject to [The] prohibition of deviate sexual intercourse with someone of the same sex.”
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He once declared, “It is clear… that the court has taken sides in the culture war, departing from its role of assuring, as neutral observer, that the democratic rules of engagement are observed” while citing his religion at times when it came to decisions. He often pushed his own Catholic beliefs on the country, and that is an agenda.
When being questioned before the Court during United States v. Windsor, a case that dealt with Marriage Equality, attorneys for the Bipartisan Legal Advisory Group could not explain how allowing same-sex couples to marry would hurt straight couples, Scalia answered for them.
“Let me give you one concrete thing. If you redefine marriage to include same-sex couples, you must permit adoption by same-sex couples, and there’s considerable disagreement among sociologists as to what the consequences of raising a child in a single-sex family [are]. Some States do not permit adoption by same-sex couples for that reason.”
However, studies have shown children of same-sex couples perform no worse than their hetero-raised peers.
And then there is this gem:
“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag.”
When it came to accepting that Gays had rights, he said, “This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that ‘animosity’ toward homosexuality is evil”, because, obviously Gay rights is a fashion statement of the elite. We are not regular people.
When his side lost when it came to striking down anti-sodomy laws, he stated,
“Today’s opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”
He was upset that some activists were working to end long standing, but misguided and misinformed hatred toward Gay people that was politically based.
If he actually went back and looked at the history of his own church, he would see that such hatred did not exist until free thinking threatened the power and influence of the kings of burgeoning countries that until a certain historical period had no real boundaries.
Historical hatred of a group is not the justification for the hatred. “We have always hated them, so we should not stop now”, is not legitimate.
As he once asked, “If we cannot have moral feelings against Homosexuality, can we have it against murder?”
I am a person who would like to have someone to love, I am not equivalent to taking the life of another.
If Scalia was able to say the things he did in life about people like me, then I do not feel it is wrong that I express my distaste after his death for what he said .
People are still here having to deal with the negative results of his statements.
His dying does not clear the slate.
He will get the accolades, deserved and otherwise, as people avoid speaking badly of the dead, but he leaves behind conditions the living have to deal with, and some of them are children.
No racism here. They treated Reagan the same way, right?
So, which is it?
Senator Warren said in a statement,
“Senator McConnell is right that the American people should have a voice in the selection of the next Supreme Court justice. In fact, they did – when President Obama won the 2012 election by five million votes.”
She reminded Mitch McConnell, he of the Party that claims to be strict Constitutionalists,
“Article II Section 2 of the Constitution says the President of the United States nominates justices to the Supreme Court, with the advice and consent of the Senate. I can’t find a clause that says ‘…except when there’s a year left in the term of a Democratic President.’
Senate Republicans took an oath just like Senate Democrats did. Abandoning the duties they swore to uphold would threaten both the Constitution and our democracy itself. It would also prove that all the Republican talk about loving the Constitution is just that – empty talk.”
Meanwhile, Marco Rubio claimed at the most recent Republican debate,
“I do not believe the president should appoint someone. And it’s not unprecedented. In fact, it has been over 80 years since a lame-duck president has appointed a Supreme Court justice.”
The first thing to consider is that until the presidential election in November, President Obama is not by definition or precedent a lame duck president.
The second thing to consider is that a president does not appoint a Supreme Court Justice. A president nominates someone, and the Senate makes the appointment, if they choose to.
Rubio’s recollection of history is off, or at last his subtraction is, as the Senate confirmed Kennedy 97-0 on Feb. 4, 1988 only about 28 years ago, and Reagan, who was in his second term, nominated Kennedy in November 1987.
So, even if a person insists on the second definition of “lame duck” as any office holder in a second and final term, that would include Saint Ronald Reagan.
“The nomination actually wasn’t in the election year, although the confirmation vote was,” as explained by Harvard law professor Mark Tushnet.
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Things got even more questionable for the Republican justification for a new act of obstructionism when Raphael Eduardo Cruz said moments later in the same debate,
“We have 80 years of precedent of not confirming Supreme Court justices in an election year.”
Notice he did not say “nomination” in an election year, but “confirmation”.
So, whether you go with Rubio saying,“It has been over 80 years since a lame-duck president appointed a Supreme Court justice”, or anointed by God Cruz’s claim, “We have 80 years of precedent of not confirming Supreme Court justices in an election year”, Ronald Reagan, who was in his final year, was a lame duck whose nominee was confirmed in his last year.
Or is there some ever shifting criteria that applies to one president and not another.
One of these two, Rubio or Cruz, seems to be a little confused.
Reagan was, and Obama is, a second-term president who knew he would not serve again but did not yet know who his successor would be.
Obviously the intention of the GOP is to hope that one of theirs gets elected in November to keep the Supreme Court Conservative because it would somehow be against the Constitution if it were to become Liberal.
And, as was pointed out by Republicans at the recent debate that some of them simply make things up, that is the approach they have decided to take with the American people to fool the foolable into thinking obstruction is the American way.
And what would Justice Scalia have to say about the circus that is about to begin?
From 2010:
“I am not happy about the intrusion of politics into the judicial appointment process. As long as [the constitution] is subject to revision, you should get used to controversial and absurd political theater when a person is nominated.”
Question
History rewritten
1000 years ago the Christian Church, the only one around at the time, experienced a schism.
The Eastern part of the church broke from the Western part because of such issues as the source of the Holy Spirit, whether leavened or unleavened bread should be used in the Eucharist –Rome wanted unleavened, the Eastern branch leavened, which explains the wafer vs the cube–, and the big one, the Pope’s claim to universal jurisdiction over all Christians.
It was the Roman Empire vs the Byzantine Empire.
The Eastern branch accepted that the pope was the bishop of Rome, but beyond that was not the big boss of everything.
The infighting came to a head when the Ecumenical Patriarch of Constantinople ordered the closure of all Latin churches in Constantinople in response to the Greek churches in southern Italy having been forced to either close or conform to Latin practices.
The split was along doctrinal, theological, linguistic, political, and geographical lines, and the fundamental breach has never been healed, with each side sometimes accusing the other of having fallen into heresy and of having initiated the division.
There was also a concern about fashion.
The present patriarch and the present pope met in Cuba this past week, a meeting 1000 years in the making.
It was the time to address the differences that divided them.
It was the time to see if anything could be done to heal the schism, or at last tone down the rhetoric.
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And so, in light of history and what the schism has produced over the years, both the leaders addressed what they apparently feel is the one most pressing issue, Gay marriage.
They denounced it.
According to the New York Times:
“As he approached the Russian patriarch amid the clicking of news cameras, Francis was overheard to say, ‘Brother.’ A moment later, he added, ‘Finally.’
The two men embraced, kissing each other twice on the cheeks and clasping hands before taking seats. ‘Now things are easier,’ Patriarch Kirill said. Francis responded, ‘It is clear now that this is the will of God.’
The meeting was richly symbolic: Francis, leader of the world’s 1.2 billion Roman Catholics, stood with Patriarch Kirill, leader of the largest church in the Eastern Orthodox world, with an estimated 150 million followers.But it was also about geopolitics, rivalries among Orthodox leaders and, analysts say, the maneuverings of President Vladimir V. Putin of Russia — who is closely aligned with the conservative Russian church.
For Francis, the meeting was an ecumenical and diplomatic coup that eluded his predecessors but that also opened him to criticism that his embrace of the Russian patriarch would indirectly give a boost to Mr. Putin as he wages a war in Syria and continues to meddle in Ukraine.”
As a result of their meeting, the pope and the patriarch issued a joint statement. The big boys said,
“The family is the natural centre of human life and society. We are concerned about the crisis in the family in many countries. Orthodox and Catholics share the same conception of the family, and are called to witness that it is a path of holiness, testifying to the faithfulness of the spouses in their mutual interaction, to their openness to the procreation and rearing of their children, to solidarity between the generations and to respect for the weakest.
The family is based on marriage, an act of freely given and faithful love between a man and a woman. It is love that seals their union and teaches them to accept one another as a gift. Marriage is a school of love and faithfulness. We regret that other forms of cohabitation have been placed on the same level as this union, while the concept, consecrated in the biblical tradition, of paternity and maternity as the distinct vocation of man and woman in marriage is being banished from the public conscience.”
The Schism’s major cause, newly discovered, apparently has been addressed.
I went to Catholic grammar school where the nuns explained the Great Schism. They did it more than once, and when it came to the church, the nuns didn’t skimp on what were considered the facts about the history of the church.
Unless Sister Mary Tabernacle Door Left Halfway Open hid some facts from us, we were never told that the Great Schism was caused by two men wanting to get married.
City mouse vs country mouse
Since the 1950s, the water in Navajo country has been poisoned by uranium mining that fueled the nuclear industry and the making of atomic bombs for the U.S. military with coal mining and coal-fired power plants adding to the poisoning.
When the EPA recklessly attempted to address the abandoned Gold King Mine, things got worse.
On August 5, 2015, EPA personnel and workers for Environmental Restoration LLC caused a release of toxic wastewater when attempting to add a tap to the tailing pond for the Golf King mine because the local jurisdictions had refused Superfund money to cleanup the region’s derelict mines due to a fear of lost tourism.
Adding the tap destroyed the plug holding water trapped inside the mine which resulted in three million gallons of mine waste water and tailings that contained heavy metals such as cadmium and lead, and other toxic elements, such as arsenic into Cement Creek, spilling into a tributary of the Animas River in Colorado.
The local government of Silverton decided to accept Superfund money to fully remediate the mine after this accident.
As explained by Charmaine White Face of the Defenders of the Black Hills,
“In 2015 the Gold King Mine spill was a wake-up call to address dangers of abandoned mines, but there are currently more than 15,000 toxic uranium mines that remain abandoned throughout the US. For more than 50 years, many of these hazardous sites have been contaminating the land, air, water, and national monuments such as Mt. Rushmore and the Grand Canyon. Each one of these thousands of abandoned uranium mines is a potential Gold King mine disaster with the greater added threat of radioactive pollution. For the sake of our health, air, land, and water, we can’t let that happen.”
Just as it was in the past with the fossil fuel industry that was allowed to simply walk away from any damage it had done to the land and simply leave abandoned equipment behind, there is no comprehensive law requiring cleanup of abandoned uranium mines, 75% of which are on federal and Tribal lands.
Leona Morgan of Diné No Nukes points out,
“The United Nuclear Corporation mill tailings spill of 1979, north of Churchrock, New Mexico left an immense amount of radioactive contamination that down-streamers, today, are currently receiving in their drinking water. A mostly-Navajo community in Sanders, Arizona has been exposed to twice the legal limit allowable for uranium through their tap.”
At a recent protests in Washington, D.C. to raise awareness of past and ongoing contamination of water supplies in the west, it was pointed out,
“The delegation is warning of the toxic legacy caused by more than 15,000 AUMs nationwide, extreme water contamination, surface strip coal mining and power plants burning coal-laced with radioactive particles, radioactive waste from oil well drilling in the Bakken Oil Range, mill tailings, waste storage, and renewed mining threats to sacred places such as Mt. Taylor in New Mexico and Red Butte in Arizona.”
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Flint, Michigan is a city with lots of people, so it gets attention.
Navajo County is located in the northern part of Arizona, and contains parts of the Hopi Indian reservation, the Navajo Nation, and Fort Apache Indian Reservation.
Flint is a city with a population of 102,434, while Navajo County is a county, and so is much bigger than a city, with a population of 107,449.
Regardless of being a city or a county, the population being affected by the poisoned water is close in number.
A major consideration should be that the Navajo County is agrarian with lots of farms and ranches, so the water supply is important for more than just human consumption.
But it is out West in a state assumed to be just open space, and it has a majority Native American population.
And, let’s be honest with ourselves, we don’t really give much thought to the Native American population in this country.
Senator John McCain who should be looking out for the best interest of these Arizona residents sneaked a resolution into the last defense bill which gave land to Resolution Copper whose planned copper mining would poison waters that Apaches rely on and would desecrate the ceremonial grounds at Oak Flat.
So, while the country’s attention is on Flint, no one is paying much attention to Navajo County.
The Uranium Exploration and Mining Accountability Act, introduced by Arizona Congressman Raúl Grijalva, has languished in Congress for two years.