Tag: Open Thread

On This Day In History February 26

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 26 is the 57th day of the year in the Gregorian calendar. There are 308 days remaining until the end of the year (309 in leap years).

Two national parks preserved, 10 years apart. The two national parks were established in the United States 10 years apart, the Grand Canyon in 1919 and the Grand Tetons in 1929.

The Grand Canyon National Park

U.S. President Theodore Roosevelt visited the Grand Canyon in 1903. An avid outdoorsman and staunch conservationist, he established the Grand Canyon Game Preserve on November 28, 1906. Livestock grazing was reduced, but predators such as mountain lions, eagles, and wolves were eradicated. Roosevelt added adjacent national forest lands and redesignated the preserve a U.S. National Monument on January 11, 1908. Opponents such as land and mining claim holders blocked efforts to reclassify the monument as a U.S. National Park for 11 years. Grand Canyon National Park was finally established as the 17th U.S. National Park by an Act of Congress signed into law by President Woodrow Wilson on February 26, 1919.

Grand Teton National Park

In 1897 acting Yellowstone superintendent Colonel S.B.M. Young proposed expanding that park’s borders south to encompass the northern extent of Jackson Hole in order to protect migrating herds of elk. Next year, United States Geological Survey head Charles D. Walcott suggested that the Teton Range should be included as well. Stephen Mather, director of the newly-created National Park Service and his assistant Horace Albright sent a report to Secretary of the Interior Franklin Lane in 1917 stating much the same. Wyoming Representative Frank Mondell sponsored a bill that unanimously passed the United States House of Representatives in 1918 but was killed in the United States Senate when Idaho Senator [John Nugent feared that the expansion of Park Service jurisdiction would threaten sheep grazing permits. Public opposition to park expansion also mounted in and around Jackson Hole. Albright, in fact, was practically run out of Jackson, Wyoming, by angry townspeople in 1919 when he traveled there to speak in favor of park expansion.

Local attitudes started to change that same year when proposals to dam Jenny, Emma Matilda, and Two Ocean lakes surfaced. Then on July 26, 1923, local and Park Service representatives including Albright met in Maud Noble’s cabin to work on a plan to buy private lands to create a recreation area to preserve the “Old West” character of the valley. Albright was the only person who supported Park Service management; the others wanted traditional hunting, grazing, and dude-ranching activities to continue. In 1927 philanthropist John D. Rockefeller, Jr. founded the Snake River Land Company so he and others could buy land in the area incognito and have it held until the National Park Service could administer it. The company launched a campaign to purchase more than 35,000 acres for $1.4 million but faced 15 years of opposition by ranchers and a refusal by the Park Service to take the land.

In 1928, a Coordinating Commission on National Parks and Forests met with valley residents and reached an agreement for the establishment of a park. Wyoming Senator John Kendrick then introduced a bill to establish Grand Teton National Park. It was passed by both houses of the U.S. Congress and signed into law by U.S. President Calvin Coolidge on February 26, 1929. The 96,000 acres park was carved from Teton National Forest and included the Teton Range and six glacial lakes at its foot in Jackson Hole. Lobbying by cattlemen, however, meant that the original park borders did not include most of Jackson Hole (whose floor was used for grazing). Meanwhile the Park Service refused to accept the 35,000 acres held by the Snake River Company.

Discouraged by the stalemate, Rockefeller sent a letter to then U.S. President Franklin D. Roosevelt telling him that if the federal government did not accept the land that he intended to make some other disposition of it or to sell it in the market to any satisfactory buyers. Soon afterward on March 15, 1943 the president declared 221,000 acres (890 km2) of public land as Jackson Hole National Monument. Continued controversy over the Rockefeller gift still made it impossible for the monument to officially include that land, however.

Opposition to the monument by local residents immediately followed with criticism that the declaration was a violation of states’ rights and that it would destroy the local economy and tax base. Ranchers, led in part by famed actor Wallace Beery, drove 500 cattle across the newly created monument in a demonstration designed to provoke conflict. The Park Service did not respond to the stunt but the event brought national attention to the issue nonetheless. Wyoming Representative Frank A. Barrett introduced a bill to abolish the monument that passed both houses of Congress but was pocket vetoed by Roosevelt. U.S. Forest Service officials did not want to cede another large part of the Teton National Forest to the Park Service so they fought against transfer. One final act was to order forest rangers to gut the Jackson Lake Ranger Station before handing it over to park rangers. Residents in the area who supported the park and the monument were boycotted and harassed.

Other bills to abolish the monument were introduced between 1945 and 1947 but none passed. Increases in tourism money following the end of World War II has been cited as a cause of the change in local attitudes. A move to merge the monument into an enlarged park gained steam and by April, 1949, interested parties gathered in the Senate Appropriation Committee chambers to finalize a compromise. The Rockefeller lands were finally transferred from private to public ownership on December 16, 1949, when they were added to the monument. A bill merging most of Jackson Hole National Monument (except for its southern extent, which was added to the National Elk Refuge) into Grand Teton National Park was signed into law by President Harry S. Truman on September 14, 1950. One concession in the law modified the Antiquities Act, limiting the future power of a president to proclaim National Monuments in Wyoming. The scenic highway that extends from the northern border of Grand Teton National Park to the southern entrance of Yellowstone National Park was named the John D. Rockefeller, Jr. Memorial Parkway to recognize Rockefeller’s contribution to protecting the area. In 2001, the Rockefellers donated their Jackson Hole retreat, the JY Ranch, to the national park for the establishment of the Laurance S. Rockefeller Preserve, dedicated on June 21, 2008.

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Wednesday is Ladies’ Day.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Katrina vanden Heuvel: A National Call for Criminal-Justice Reform

On the heels of the Michael Brown, Eric Garner, and Trayvon Martin tragedies-and in light of more recent injustices like the fatal shooting of Antonio Zambrano-Montes, an unarmed Mexican national whom Pasco, Washington, police officers saw fit to shoot multiple times despite his apparent surrender-there’s plenty of reason to despair the sorry state of our criminal-justice system and the havoc it wreaks on the lives of too many innocent victims and their families.

But these days, there is some reason for hope. In the wake of so much cop-on-civilian violence, we’re beginning to hear a national rallying cry for criminal justice reform-and not just from protestors and progressives, who have been leading the charge for decades, but also from unlikely allies, including the Koch brothers and Newt Gingrich. This is an issue that unites the ACLU and Americans for Tax Reform, the Center for American Progress and FreedomWorks. And given this broad-based enthusiasm behind fixing our criminal justice system, it’s time we paid attention to a critical component that’s been missing from the conversation: the crisis in our nation’s local jails.

Although we hear plenty about increasing rates of mass incarceration within state and federal prisons, we hear much less about the role played by local jails. This silence should be startling, as there are 11.7 million local jail admissions every year in the United States – twice as many as there were twenty years ago-compared to 631,000 state and federal prison admissions. The problem looks especially stark-and constitutionally troublesome – when you consider that, at any given moment, some three-fifths of the 722,000 prisoners in America’s local jails have not been convicted of the alleged crime for which they’re being detained. Many, in fact, are simply too poor to post even a small bail to get out while their cases are being processed.

Zoë Carpenter: A 2-Day Revolt at a Texas Private Prison Reveals Everything That’s Wrong with Criminalizing Immigration

The latest uprising at the Willacy County Correctional Center began quietly on Friday morning, when prisoners refused to go to their work assignments or to breakfast. Then, inmates broke out of the massive Kevlar tents that serve as dorms. Willacy County Sheriff Larry Spence told reporters some had kitchen knives, sharpened mops and brooms. Prison officials sprayed tear gas; a SWAT team, the Texas Rangers, the FBI and the US Border Patrol all showed up. It took two days to quell the demonstration. Now administrators are beginning to transfer the 2,800 prisoners-undocumented immigrants, most serving time for low-level offenses-to other facilities, because the protest made the center “uninhabitable.”

But reports suggest that Willacy has been uninhabitable for years. This is the third disturbance at the center since the summer of 2013, when inmates protested after their complaints of broken, overflowing toilets were ignored. “I feel suffocated and trapped,” a prisoner named Dante told the American Civil Liberties Union, which released a report (pdf) on conditions at the facility last year. Dante and others described the 200-man tents they were housed in as “dirty and crawling with insects…. the toilets often overflow and always smell foul.” The ACLU also found that “basic medical concerns are often ignored or inadequately addressed.” Reportedly, inadequate medical care is what sparked the weekend’s demonstrations.

Amanda Marcotte: Watch Out: Scott Walker Just May Shrug His Way Into The White House

It appears that Gov. Scott Walker of Wisconsin believes he can shrug his way into being the Republican nominee for president. Journalists are quickly learning that if you ask Walker to comment on any of the issues that are riling up the fundamentalists, birthers or other right wingnuts these days, Walker will be respond with his impression of a popular emoticon: ¯(ツ)/¯. [..]

This entire situation is so comical that it’s hard to imagine it’s doing anything but hurting Walker’s chances. Yet there is actually a method to his madness. While Democratic-leaning voters can be driven to distraction by politicians who refuse to take a side on contentious issues like this, the dodge-and-weave actually plays right into the hands of Republican voters, both of the Tea Party variety and the people who don’t care for all that culture war nonsense and just want lower taxes on rich people.

Amy Davidson: Why ‘Citizenfour’ Deserved Its Oscar

“Thank you to Edward Snowden for his courage,” Laura Poitras, the director of “Citizenfour,” said as she accepted the Oscar for best documentary. Neil Patrick Harris, the award show’s host, noted that Snowden couldn’t be there “for some treason.” Treason isn’t one of the crimes Snowden has been charged with-the government wants to prosecute him under the Espionage Act-but both the praise and the joke point to why this Snowden Oscar mattered. What he did was useful, and dangerous. [..]

What the country still has to work out is whether the Snowden documents were simply revealing or actually transformative. That’s the question about a good movie, too, though one shouldn’t underestimate the value of revelation, or truth, alone. Snowden has his silent moments. There is a scene, when he is getting ready to sneak out of the hotel in Hong Kong, after he has revealed himself, in which he stands in front of a mirror. Wearing a black shirt, he has put in contact lenses, shaved (after debating the amount of stubble that will make him look least like the pictures now playing on television), and, with a handful of foam, tries to slick back his hair. Watching it again on Oscar weekend, one thinks of Poitras and her team, and all the other filmmakers and actors, getting ready to step out. Snowden tries, and expects, to look different. When he sees that he doesn’t-his hair won’t stay down-he crumples a little, and looks as scared as anyone. There is no magic mantle of power. But outside the hotel room, things really did change.

Michelle Chen: What Happens if You Refuse to Pay Off Your Student Debt?

Every day, people who struggled to finance their educational advancement slip deeper into a financial mudslide on a mountain of student debt. For borrowers who collectively hold this burden of about $1 trillion nationwide, the student loan has become a ball and chain that restrains them from starting their careers, or even paying rent, as their wages are sucked into a financial vortex. But what if you just decided to not write that check this month? A small group of people have chosen to do just that, hoping to start a movement to break out of the debt cycle-or at least to bang against the walls of student-debtor’s prison.

The debt strike, which launched Monday as part of the Debt Collective campaign, is led by the Corinthian Fifteen, former students of Everest College-part of the scandal – ridden for – profit Corinthian college chain. They’re undertaking financial civil disobedience against the private lending industry, demanding cancellation of federal student debts and voicing dissatisfaction with piecemeal debt relief programs. The actual financial impact of their campaign is negligible, but for the former students, this collective action is a way for them to reassert their economic sovereignty:

The Breakfast Club (Die, Winter, Die)

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

 photo 807561379_e6771a7c8e_zps7668d00e.jpg

This Day in History

Ferdinand Marcos flees the Philippines; Soviet leader Nikita Khrushchev denounces Josef Stalin; Samuel Colt patents the revolver; Muhammad Ali becomes world boxing champ; Musician George Harrison born.

Breakfast Tunes

Something to Think about over Coffee Prozac

In the depth of winter I finally learned that there was in me an invincible summer.

Albert Camus

On This Day In History February 25

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 25 is the 56th day of the year in the Gregorian calendar. There are 309 days remaining until the end of the year (310 in leap years).

On this day in Japan, the Plum Blossom Festival is held. The Festival at the Kitano Tenmangu Shrine in Kyoto is one one of the most beautiful. The shrine was built in 947, to appease the angry spirit of bureaucrat, scholar and poet Sugawara no Michizane, who had been exiled as a result of political maneuvers of his enemies in the Fujiwara clan.

The shrine was dedicated to Michizane; and in 986, the scholar-bureaucrat was deified and the title of Tenjin (Heavenly Deity) was conferred.

The grounds are filled with Michizane’s favorite tree, the red and white ume or plum blossom, and when they blossom the shrine is often very crowded. Open-air tea ceremonies are hosted by geiko and apprentice maiko from the nearby Kamishichiken district. The plum festival has been held on the same day every year for about 900 years to mark the death of Michizane.

Sugawara no Michizane, August 1, 845 – March 26, 903, was a scholar, poet, and politician of the Heian Period of Japan. He is regarded as an excellent poet, particularly in Chinese poetry.

He was educated in a private school run by his father where he studies to become an official in the Court of the Japanese Emperor. His training and skill with Classical Chinese language and literature afforded him many opportunities to draft edicts and correspondences for officials in the Court in addition to his menial duties. Records show at this time he composed three petitions for Fujiwara no Yoshifusa as well as the Emperor. Michizane also took part in receiving delegations from the Kingdom of Parhae, where Michizane’s skill with Chinese again proved useful in diplomatic exchanges and poetry exchange. In 877, he was assigned to the Ministry of the Ceremonial, which allowed him to manage educational and intellectual matters more than before. While serving as governor of Sanuki Province, he intervened in a Court matter on the side Emperor Uda over Fujiwara no Mototsune and at the end of his term returned to the Court in Kyoto where he served in many positions.

He was appointed ambassador to China in the 890s, but instead came out in support of abolition of the imperial embassies to China in 894, theoretically in consideration for the decline of the Tang Dynasty. A potential ulterior motive may have lain in Michizane’s almost complete ignorance of spoken Chinese; most Japanese at the time only read Chinese, and knew little to nothing about the spoken language. Michizane, as the nominated ambassador to China, would have been presented with a potential loss of face had he been forced to depend on an interpreter. Emperor Uda stopped the practice of sending ambassadors to China by what he understood as persuasive counsel from  Michizane.

Within the end of Emperor Uda reign in 897, Michizane’s position became increasingly vulnerable. In 901, through the political maneuverings of his rival, Fujiwara no Tokihira, Michizane was demoted from his aristocratic rank of junior second to a minor official post at Dazaifu, in Kyushu‘s Chikuzen Province. After his lonely death, plague and drought spread and sons of Emperor Daigo died in succession. The Imperial Palace’s Great Audience Hall (shishinden) was struck repeatedly by lightning, and the city experienced weeks of rainstorms and floods. Attributing this to the angry spirit of the exiled Sugawara, the imperial court built a Shinto shrine called Kitano Tenman-gu in Kyoto, and dedicated it to him. They posthumously restored his title and office, and struck from the record any mention of his exile. Sugawara was deified as Tenjin-sama, or kami of scholarship. Today many Shinto shrines in Japan are dedicated to him.

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

James K. Galbraith: Reading the Greek Deal Correctly

On Friday as news of the Brussels deal came through, Germany claimed victory and it is no surprise that most of the working press bought the claim.  [..]

In fact, there was never any chance for a loan agreement that would have wholly freed Greece’s hands. Loan agreements come with conditions. The only choices were an agreement with conditions, or no agreement and no conditions. The choice had to be made by February 28, beyond which date ECB support for the Greek banks would end. No agreement would have meant capital controls, or else bank failures, debt default, and early exit from the Euro. SYRIZA was not elected to take Greece out of Europe. Hence, in order to meet electoral commitments, the relationship between Athens and Europe had to be “extended” in some way acceptable to both.

But extend what, exactly?

Juan Cole: In the New Gilded Age, Social Protest Dominates Academy Awards Ceremony

If social and economic inequality were a mine, and if America were deep in this mine with a canary in tow, the canary would long since have expired.  Some 400 billionaires have more wealth than the bottom half of Americans.  We lived through a year of dramatic incidents underscoring the continued second-class citizenship of African-Americans.  Women still don’t make as much for the same work as their male counterparts and their right to choice and control over their own bodies has been de facto curtailed by theocratic state legislatures.  Gay people still face prejudice and resistance to same sex marriage rights.

The committed artists honored at the 87th Academy Awards took advantage of their bully pulpits to make an amazing series of eloquent statements on behalf of minorities and the discriminated-against. Referring to the controversy over the all-white nominees in acting categories, host Neil Patrick Hayden quipped at the opening, “Tonight we honor Hollywood’s best and whitest-I mean brightest.”  For all this hoopla about the overwhelmingly white, elderly and male character of the Academy voting members, however, the stage they provided to honorees was the scene of many poignant pleas for equality and decency.

Michael Winship: The Awesome Life of an American Congressman

We could go on about the inherent contradiction of “Downton Abbey” as the biggest hit on public television – that a series about a fading, genteel (and Gentile) British aristocracy and its servants dominates the schedule of a broadcasting service mandated to promote diversity and give a voice to the underrepresented. And sometime soon, we will talk about precisely that and more. [..]

But for now, let’s talk instead about Congressman Aaron Schock, Republican from Illinois. You’ve heard about how his interior decorator pal, proprietor of a company called Euro Trash, redecorated Schock’s new Capitol Hill office in high “Downton Abbey” style – which is more than somewhat ironic because, as Josh Israel at ThinkProgress pointed out, “Schock has repeatedly voted against federal funding for public broadcasting, voting to defund National Public Radio and for a Paul Ryan budget that zeroed out all funds for the Corporation for Public Broadcasting.” But even more important, Schock’s expensive tastes and how he spends money to make money for his party tells a sad story of the state of Congress and campaign fundraising.

Shefali Sharma: Big Meat Lobby to Attack New Dietary Guidelines

The North American Meat Institute, national beef and pork associations and other corporate lobbies of the powerful meat industry are seething at the historic new scientific report by the 2015 Dietary Guidelines Advisory Committee. Why historic? Because the committee takes on the meat industry head to head in a scientific report intended to help set five year national guidelines on nutrition and because for the first time, the recommendations take into account the environmental footprint of our food (production) choices. If these recommendations are accepted by the U.S. Department of Agriculture (USDA) and the Department of Health and Human Services (HHS), the report will not only help set national nutrition policy but will also likely impact the $16 billion school lunch program. The USDA and HHS will jointly release the National Dietary Guidelines later this year.

Based on their research, the Committee came to the conclusion that, “a healthy dietary pattern is higher in vegetables, fruits, whole grains, low- or non-fat dairy, seafood, legumes, and nuts; moderate in alcohol (among adults); lower in red and processed meat; and low in sugar sweetened foods and drinks and refined grains.” [..]

Now, the powerful lobby is planning an all-out offensive in Congress to prevent USDA and HHS from adopting these recommendations as the national guidelines. Citizens can comment on the report until April 8th-the meat lobby hopes to extend this period to 120 days rather than the 45 typically allotted.

Jared Bernstein: Tax Cuts Are Palliatives, Not Cures

I don’t think you need a crystal ball to predict that whoever runs for president in 2016 will have some sort of tax cut at the heart of their platform, probably targeted at the middle class, and I’m talking both Democrats and Republicans. It will likely be pitched as a response to middle-class wage and income stagnation, and as such, I certainly understand the motivation. The disconnect between growth and middle-class prosperity is the motivation for my own tax cut proposal new book, The Reconnection Agenda: Reuniting Growth and Prosperity, hopefully out within the next few months.

But I actually say little about tax cuts as a solution to the fundamental disconnect, for reasons Larry Mishel articulated effectively in an NYT op-ed yesterday: “What has hurt workers’ paychecks is not what the government takes out, but what their employers no longer put in — a dynamic that tax cuts cannot eliminate.”

Thor Benson: Raising the Alarm Over Devices That Let Police Snoop Into Our Homes

Dozens of law enforcement agencies in the United States have been outfitted with Doppler radar devices that allow officers to observe people through the walls of their own homes-raising concerns that the devices can be used to violate Fourth Amendment protections.

One popular handheld version of the technology is called the Range-R, produced by New York-based defense contractor L-3 Communications. L-3’s marketing materials promise that the Range-R is sensitive enough to detect a breathing (but otherwise motionless) person on the other side of a 12-inch-thick brick or concrete wall 50 feet away. [..]

Some privacy advocates believe the police use of a Range-R or similar device without a warrant amounts to “unreasonable searches and seizures,” a violation that the Fourth Amendment is meant to protect against. In fact, the U.S. Supreme Court ruled in 2001, in Kyllo v. United States, that when the government “uses a device that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment ‘search,’ and is presumptively unreasonable without a warrant.” Later, in the 2013 case Florida v. Jardines, the generally right-wing Justice Antonin Scalia wrote that at the Fourth Amendment’s “very core” is “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.”

Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union’s Speech, Privacy and Technology Project, told Truthdig that “there are circumstances when [the device] could be used consistent with the Fourth Amendment. But, he added, “it is absolutely crucial that law enforcement has a proper warrant and limits its use to only gathering information permitted by that warrant. It’s not that hard [to obtain the warrant] if police have probable cause and have a good reason to conduct the search.”

On This Day In History February 24

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 24 is the 55th day of the year in the Gregorian calendar. There are 310 days remaining until the end of the year (311 in leap years).

On this day in 1803, the Supreme Court, led by Chief Justice John Marshall, decides the landmark case of William Marbury versus James Madison, Secretary of State of the United States and confirms the legal principle of judicial review–the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional–in the new nation.

Marbury v. Madison is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in the world that a court invalidated a law by declaring it “unconstitutional.”

This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury’s petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789, was unconstitutional.

Marbury v. Madison was the first time the Supreme Court declared something “unconstitutional,” and established the concept of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government). The landmark decision helped define the “checks and balances” of the American form of government.

The Issue

There are three ways a case can be heard in the Supreme Court: (1) filing directly in the Supreme Court; (2) filing in a lower federal court, such as a district court, and appealing all the way up to the Supreme Court; (3) filing in a state court, appealing all the way up through the state’s highest courts, and then appealing to the Supreme Court on an issue of federal law. The first is an exercise of the Court’s original jurisdiction; the second and third are exercises of the Supreme Court’s appellate jurisdiction.

Because Marbury filed his petition for the writ of mandamus directly in the Supreme Court, the Court needed to be able to exercise original jurisdiction over the case in order to have the power to hear it.

Marbury’s argument is that in the Judiciary Act of 1789, Congress granted the Supreme Court original jurisdiction over petitions for writs of mandamus. This raises several issues that the Supreme Court had to address:

  • Does Article III of the Constitution create a “floor” for original jurisdiction, which Congress can add to, or does it create an exhaustive list that Congress can’t modify at all?
  • If Article III’s original jurisdiction is an exhaustive list, but Congress tries to modify it anyway, who wins that conflict, Congress or the Constitution?
  • And, more importantly, who is supposed to decide who wins?
  • In its answer to this last question, the Supreme Court formalizes the notion of judicial review. In short, the constitutional issue on which Marbury v. Madison was decided was whether Congress could expand the original jurisdiction of the Supreme Court.

    Punting the Pundits

    “Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

    Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

    Follow us on Twitter @StarsHollowGzt

    Paul Krugman: Knowledge Isn’t Power

    Regular readers know that I sometimes mock “very serious people” – politicians and pundits who solemnly repeat conventional wisdom that sounds tough-minded and realistic. The trouble is that sounding serious and being serious are by no means the same thing, and some of those seemingly tough-minded positions are actually ways to dodge the truly hard issues.

    The prime example of recent years was, of course, Bowles-Simpsonism – the diversion of elite discourse away from the ongoing tragedy of high unemployment and into the supposedly crucial issue of how, exactly, we will pay for social insurance programs a couple of decades from now. That particular obsession, I’m happy to say, seems to be on the wane. But my sense is that there’s a new form of issue-dodging packaged as seriousness on the rise. This time, the evasion involves trying to divert our national discourse about inequality into a discussion of alleged problems with education.

    And the reason this is an evasion is that whatever serious people may want to believe, soaring inequality isn’t about education; it’s about power.

    Robert Reich: Why We’re All Becoming Independent Contractors

    GM is worth around $60 billion, and has over 200,000 employees. Its front-line workers earn from $19 to $28.50 an hour, with benefits.

    Uber is estimated to be worth some $40 billion, and has 850 employees. Uber also has over 163,000 drivers (as of December — the number is expected to double by June), who average $17 an hour in Los Angeles and Washington, D.C., and $23 an hour in San Francisco and New York.

    But Uber doesn’t count these drivers as employees. Uber says they’re “independent contractors.”

    What difference does it make?

    For one thing, GM workers don’t have to pay for the machines they use. But Uber drivers pay for their cars — not just buying them but also their maintenance, insurance, gas, oil changes, tires, and cleaning. Subtract these costs and Uber drivers’ hourly pay drops considerably.

    For another, GM’s employees get all the nation’s labor protections.

    Richard (RJ) Eskow: “His Own Man’s” Man: Jeb Bush and the Return of Wolfowitz

    Last week the nation was treated to the sad and embarrassing spectacle of Jeb Bush, mollycoddled scion to an empire of failure, proclaiming that “‘m my own man.” Here’s a simple rule of thumb: Anyone who has to say he’s his own man, or woman, isn’t. The 62-year-old Mr. Bush has been coasting on his family’s power and privilege since he was a weed-smoking, Steppenwolf-listening prep school student in the sixties.

    From prep school slacker to presidential frontrunner: Now that’s a “Magic Carpet Ride.”

    Sadder still was the list of Jeb’s advisors published this week, a list which included – and was tarnished by – the genuinely execrable Paul Wolfowitz. [..]

    When it comes to the Iraq War, Paul Wolfowitz was – in the words of another Steppenwolf song – “The Pusher.” His promotion of that conflict was the defining act of his career, and it leaves him a failure in every conceivable intellectual or moral application of that word.

    Paul Buchheit: The Corporate Debt to Society: $10,000 Per Household, Per Year

    That estimate is based on facts, not the conservative-style emotion that might deny the responsibility for any debt to the American people. Wealth redistribution to big business has occurred in a variety of ways to be explained below. And there’s some precedent for paying Americans for the use of their commonly-held resources. The Alaska Permanent Fund has been in effect, and widely popular, for over thirty years.

    Over half (57 percent) of basic research is paid for by our tax dollars. Corporations don’t want to pay for this. It’s easier for them to allow public money to do the startup work, and then, when profit potential is evident, to take over with applied R&D, often with patents that take the rights away from the rest of us.

    All the technology in our phones and computers started this way, and continues to the present day. Pharmaceutical companies have depended on the National Institute of Health. The quadrillion-dollar trading capacity of the financial industry was made possible by government-funded Internet technology, and the big banks survived because of a $7 trillion public bailout.

    A particularly outrageous example of a company turning public research into a patent-protected private monopoly is the sordid tale (here) of the drug company Gilead Sciences.

    Zoë Carpenter: One Thing Republicans and Democrats Are Starting to Work Together On (and It’s Not War)

    Could this be the year that lawmakers really begin to dismantle the system of mass incarceration that they have been building for decades? It seems conceivable, thanks to a surge in interest from elected officials at the state and federal level, as well as an “unlikely” coalition of left- and right-wing groups that announced its formation on Thursday. The Coalition for Public Safety, as the group is called, includes organizations like the Center for American Progress and the American Civil Liberties Union along with Tea Party-aligned FreedomWorks and Grover Norquist’s Americans for Tax Reform. It’s backed, in part, by Koch Industries. [..]

    Where, exactly, is that wind blowing? The transpartisan alliances springing up around criminal justice reform agree on the problem: the United States locks up too many people for too long. But the allies have varying explanations for why that’s a problem, and what its origins are. For groups like Americans for Tax Reform and libertarians like Rand Paul, lowering prison populations is a means of shrinking government; they have obvious differences with those on the left who believe significant investment in social services and gun safety laws would make communities safer. So to what extent do they agree on solutions, and where is the greatest potential for progress?

    On This Day In History February 23

    This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

    Find the past “On This Day in History” here.

    February 23 is the 54th day of the year in the Gregorian calendar. There are 311 days remaining until the end of the year (312 in leap years).

    On this day in 1954, a group of children from Arsenal Elementary School in Pittsburgh, Pennsylvania, receive the first injections of the new polio vaccine developed by Dr. Jonas Salk.

    Though not as devastating as the plague or influenza, poliomyelitis was a highly contagious disease that emerged in terrifying outbreaks and seemed impossible to stop. Attacking the nerve cells and sometimes the central nervous system, polio caused muscle deterioration, paralysis and even death. Even as medicine vastly improved in the first half of the 20th century in the Western world, polio still struck, affecting mostly children but sometimes adults as well. The most famous victim of a 1921 outbreak in America was future President Franklin Delano Roosevelt, then a young politician. The disease spread quickly, leaving his legs permanently paralyzed.

    Poliomyelitis, often called polio or infantile paralysis, is an acute viral infectious disease spread from person to person, primarily via the fecal-oral route The term derives from the Greek polios, meaning “grey”, myelos, referring to the “spinal cord”, and the suffix -itis, which denotes inflammation.

    Although around 90% of polio infections cause no symptoms at all, affected individuals can exhibit a range of symptoms if the virus enters the blood stream. In about 1% of cases the virus enters the central nervous system, preferentially infecting and destroying motor neurons, leading to muscle weakness and acute flaccid paralysis. Different types of paralysis may occur, depending on the nerves involved. Spinal polio is the most common form, characterized by asymmetric paralysis that most often involves the legs. Bulbar polio leads to weakness of muscles innervated by cranial nerves. Bulbospinal polio is a combination of bulbar and spinal paralysis.

    Poliomyelitis was first recognized as a distinct condition by Jakob Heine in 1840. Its causative agent, poliovirus, was identified in 1908 by Karl Landsteiner. Although major polio epidemics were unknown before the late 19th century, polio was one of the most dreaded childhood diseases of the 20th century. Polio epidemics have crippled thousands of people, mostly young children; the disease has caused paralysis and death for much of human history. Polio had existed for thousands of years quietly as an endemic pathogen until the 1880s, when major epidemics began to occur in Europe; soon after, widespread epidemics appeared in the United States.

    By 1910, much of the world experienced a dramatic increase in polio cases and frequent epidemics became regular events, primarily in cities during the summer months. These epidemics-which left thousands of children and adults paralyzed-provided the impetus for a “Great Race” towards the development of a vaccine. Developed in the 1950s, polio vaccines are credited with reducing the global number of polio cases per year from many hundreds of thousands to around a thousand. Enhanced vaccination efforts led by the World Health Organization, UNICEF, and Rotary International could result in global eradication of the disease.

    Eradication

    While now rare in the Western world, polio is still endemic to South Asia and Nigeria. Following the widespread use of poliovirus vaccine in the mid-1950s, the incidence of poliomyelitis declined dramatically in many industrialized countries. A global effort to eradicate polio began in 1988, led by the World Health Organization, UNICEF, and The Rotary Foundation. These efforts have reduced the number of annual diagnosed cases by 99%; from an estimated 350,000 cases in 1988 to a low of 483 cases in 2001, after which it has remained at a level of about 1,000 cases per year (1,606 in 2009). Polio is one of only two diseases currently the subject of a global eradication program, the other being Guinea worm disease. If the global Polio Eradication initiative is successful before that for Guinea worm or any other disease, it would be only the third time humankind has ever completely eradicated a disease, after smallpox in 1979 and rinderpest in 2010. A number of eradication milestones have already been reached, and several regions of the world have been certified polio-free. The Americas were declared polio-free in 1994. In 2000 polio was officially eliminated in 36 Western Pacific countries, including China and Australia. Europe was declared polio-free in 2002. As of 2006, polio remains endemic in only four countries: Nigeria, India (specifically Uttar Pradesh and Bihar), Pakistan, and Afghanistan, although it continues to cause epidemics in other nearby countries born of hidden or reestablished transmission.

    Rant of the Week: How Is This Still A Thing?

    Last Week Tonight with John Oliver: Sports Illustrated Swimsuit Issue – How Is This Still a Thing?

    We’ve noticed that the Sports Illustrated Swimsuit Issue still exists but can’t quite figure out why.

    On This Day In History February 22

    This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

    Find the past “On This Day in History” here.

    February 22 is the 53rd day of the year in the Gregorian calendar. There are 312 days remaining until the end of the year (313 in leap years).

    On this day in 1980, the U.S. Olympic hockey team makes “miracle on ice”.

    In one of the most dramatic upsets in Olympic history, the underdog U.S. hockey team, made up of college players, defeats the four-time defending gold-medal winning Soviet team at the XIII Olympic Winter Games in Lake Placid, New York. The Soviet squad, previously regarded as the finest in the world, fell to the youthful American team 4-3 before a frenzied crowd of 10,000 spectators.

    The United States did not win the gold medal upon defeating the USSR. In 1980 the medal round was a round-robin, not a single elimination format as it is today. Under Olympic rules at the time, the group game with Sweden was counted along with the medal round games versus the Soviet Union and Finland so it was mathematically possible for the United States to finish anywhere from first to fourth.

    Needing to win to secure the gold medal, Team USA came back from a 2-1 third period deficit to defeat Finland 4-2. According to Mike Eruzione, coming into the dressing room in the second intermission, Brooks turned to his players, looked at them and said, “If you lose this game, you’ll take it to your graves.” He then paused, took a few steps, turned again, said, “Your fucking graves,” and walked out.

    At the time, the players ascended a podium to receive their medals and then lined up on the ice for the playing of the national anthem, as the podium was only meant to accommodate one person. Only the team captains remained on the podium for the duration. After the completion of the anthem, Eruzione motioned for his teammates to join him on the podium. Today, the podiums are large enough to accommodate all of the players.

    The victory bolstered many American citizens’ feelings of national pride, which had been severely strained during the turbulent 1970s. The match against the Soviets popularized the “U-S-A! U-S-A!” chant, which has been used by American supporters at many international sports competitions since 1980.

    Load more