‘My right NOT to know, and your right to duck my bullets’

April 16, 2013

I like Morgan Freeberg — he’s entertaining.

Politically, he’s rarely right, and he’s definitely afflicted with that virus that strikes conservatives and makes them feel that if they can cover a topic with enough words, and if there is enough snark in those words, they must be right, and everyone else is a fool for not seeing that and making them king.  Or at least a local lord.  You can see this on display at his blog, The House of Eratosthenes.

Morgan waded into the discussion on some of our less thoughtful U.S. Senators, who think a good reason to filibuster a bill is they can’t find their own ass with both hands a copy of the bill they just know they will oppose, before they know what’s in the bill (no bias here).

Specifically, Morgan’s defending Sen. Marc Rubio’s right not to know what’s in the compromise reached by Sen. Pat Toomey of Pennsylvania and Sen. Joe Manchin of West Virginia, because Morgan just knows that those two libruls from those two gun-hating states have put in language on ammunition magazines that will deprive crazy shooters of their sport in shooting babies somehow might “infringe” on the actual ownership of the gun.

I answered in a previous thread — but this really should get more discussion, and perhaps if I make a post out of it, someone will discuss.

This is the post — I won’t put all of it in quotes, to make it a bit easier to read (and I may add a link here and there):

Morgan said:

Alright. First, if you’re trying to make this look like “reasonable” or “common sense” gun “safety” legislation as they call it, it’s a good idea to stay away from this capacity-limitation stuff. To swap out a magazine — not clip — I don’t need eleven seconds, I don’t need half that. I’m not anywhere close to James Bond, or Barney in The Expendables…I merely maintain familiarity and confidence/competence with my sidearm. If I can do it in two seconds, a lot of other people can as well. So you’re counting on a payoff there that you’re not getting. The whole magazine-capacity thing is not only a distraction, it actually highlights for the benefit of the knowledgeable public which loudmouth legislators ought not to have anything to do with gun legislation, or guns either.

Helluva distraction. There’s no such proposal, but you’re so bugged about it you can’t argue straight.

English: Pennsylvania Senate Candidate Pat Too...

Pennsylvania U.S. Senate Candidate Pat Toomey addresses protestors at the Philadelphia Tea Party on April 18, 2009. (He won) Wikipedia image

Maybe we’re being sneaky. Maybe we’re getting you all worked up over something not in the bill so you’ll have a heart attack and be unable to lobby your senators to go easy on baby killers.

Or maybe you guys can’t read. Can’t, won’t, doesn’t make much difference — you’re so sure of your position you not only damn the facts, you damn the existence of the facts and the non-existence of the hoodoos you fear.

Here, tell this guy he got it wrong; you’re barking up a tree on the wrong side of the ocean here: http://timpanogos.wordpress.com/2013/03/17/powerful-argument-for-limiting-bullets-in-a-clip-colorado-sen-mike-johnston-pleads-to-give-victims-a-chance-to-escape/

[Here's the video at that post:]

Morgan wrote:

It comes down to this: A gun has a certain number of bullets with which it can be loaded, before it becomes an instrument of death — that number is one. Whoever isn’t familiar with that, should be escorted off the range.

Think of all the gun ranges put out of business if we did that!

Of course, that is a comment on the mechanics; as far as process goes, the number is zero, since one of the basic rules of guns safety is “the gun is always loaded.”

I don’t think a crazy guy should be allowed to pump out 150 soldier-killer bullets in 5 minutes, with most of them going into the heads and faces of more than a score of 6-year-old kids. You seem to think that is such a sacred right that we . . . well, I don’t know what you propose.

You seem to think that forcing crazy men to reload is unfair. I think you’re not being fair to those six-year-old kids.

The evidence in Newtown is that the one reload he did took 11 seconds, and a teacher got 11 kids out of the school, to safety, in that time.

It took him five shots to blast through the safety lock on the door — had he been limited to five-round clips, he’d have been out of ammo in one gun just getting through the door.

I cannot imagine why you think we can’t be fair to six year old kids, but we must give crazy men more than a sporting chance to murder 20 unarmed people. I think my rights would be safer if I didn’t go with your defense of the crazy man’s rights.

Now, is it technically impossible to limit the rounds and reduce the carnage? Not according to the record.

Facts are stubborn things. That old John Adams sure got that right.

If I were Sen. Rubio, considering for the moment supporting this gun “safety” bill, and decided to read it all the way through, I’d change my mind and oppose it the first time I saw something about magazine capacity limits, because that would tell me someone wrote it without knowing anything about how guns are supposed to be treated around a public that we don’t want to be hurt by them. Which is the subject of the bill.

We know you’re not going to read the bill, just like Rubio hasn’t. He has a sort of duty to read it — but you’re so cock sure that you’re smarter than every other guy in the country and that you can see the future before God, you can’t be bothered to read even the quick summary of the bill.

It pains me when you reinforce all the stereotypes of the right-wing, can’t-tell-me-nuthin’ nuts, Morgan. If you’re going to pretend to be thoughtful, at least read the stuff, will you?

English: Gustave Doré: Don Quijote de La Manch...

Gustave Doré drawing: Don Quijote de La Mancha and Sancho Panza, 1863 Wikipedia image

You’re so cock-sure that there would be a crazy proposal of the type you fear that you can’t be bothered to read the bill and see that there’s nothing at all like it. Worse than Don Quixote tilting at windmills, you’re shooting at windmills that are not dragons, but behind which children were playing a few minutes ago. See, Quixote was harmless with his lance. Facts again: Guns are not lances.

Sometimes it’s not the things we don’t know that gets us into trouble, but the things we know, that are wrong. It’s not the target practice of the safe and sane occasional hunter that gets gun ownership questioned, it’s the crazy shooting at dragons that don’t exist, in schools and theaters and workplaces, where real people do exist.

Second. The Constitution guarantees me certain God-given rights, which supposedly nobody can take away from me, and I wouldn’t be able to discard even if I wanted to. Conservatives and liberals would agree — with different examples in mind — that We The People have lately encountered considerable difficulty electing representatives who will truly protect these rights.

Quite to the contrary, we’ve succeeded in electing nuts who are so dedicated to protecting those rights, they’ll go overboard to be sure that anything even close to resembling a right of a white male with a gun cannot be regulated rationally. Rex Tillerson‘s right to pour oil in every backyard in Arkansas is defended, Rep. Joe Barton apologizes to the white guys who run BP for all those Cajuns’ having put their Gulf of Mexico where BP could pollute the hell out of it. A white guy wants sex, well, some women “rape easy,” “they’re just good-time-lovin’ football players and football is an American game,” and if he’s an Army or Air Force officer, his superior will dismiss the rape charges. Jeremy Dimon gets to keep his freedom, and all the money banks stole from black families put out of their homes in New Orleans, Detroit, Chicago and Los Angeles because his bank and his cronies’ banks screwed up the mortgages.

And if you want to shoot up a theater, or a school, and kill a bunch of unarmed people — well, you know, that’s a right, right?

I cannot imagine what rights you think are not defended, for white males.

Right to life, liberty and pursuit of happiness? Right to quiet enjoyment? Right to be free from assault and battery? Right not get life-saving and cheap medical care for your kid? Right not to have to bury your kid as child? Not all rights are enumerated rights. You seem to miss some of the more important ones, when we get right down to it.

Now, if one worries about rights for anyone of color, or rights of children to health care or education, or rights of women to fair pay — well, none of those people are mentioned in the Constitution, are they? They all look like Dred Scott, to a Congress of white males.

In view of that, I like the idea of a Senator who made up his mind to oppose a gun bill before reading all of it (your headline would imply that he hasn’t read any of it, which is not substantiated by your story).

I see no evidence Rubio wasn’t telling the truth — and Cruz is probably too stupid to understand it, so I believe him when he says he can’t even find the bill that was placed in the middle of his desk on March 22. I swear that guy puts an icepick over his left eyeball every night he can.

This would be in keeping with his oath to uphold the Constitution: If the bill has something that cannot be reconciled with the Constitution, out it goes.

There is nothing in the Constitution which says anyone has to be an inadequate anal orifice. You’re reading it wrong.

Or have you even read it? You haven’t read the gun control bill. Why should you read the Constitution?

In reality, there is nothing in the Constitution that says any Member of Congress must be a roadblock, or should be a roadblock, nor that there should be any roadblocks at all. Filibustering is not a Constitutional right — not mentioned in any way.

After all, there is a period-end-of-sentence after the word “infringed.” It doesn’t say “shall not be infringed, unless something really spiffy is written that makes the infringing seem like a swell idea.”

Funny how you can completely miss the first 13 words of the Amendment, “A well regulated Militia, being necessary to the security of a free State.” There are only 27 words in the amendment; you worry about punctuation while completely missing 48% of the text. That rounds to 50%.

But, you don’t read. I forgot. As with most conservatives, you think you know what is in a text without reading it, predudging it from . . . well, prejudging it, anyway.

“Prejudge” isn’t related to “prejudice” in the conservative dictionary, anyway.

This is the way I want ALL guarantees to me, or to anybody else, to be enforced. I want my renter’s insurance to be enforced this way. I want my employment contracts to be enforced this way. It’s only fair.

Can you do what no other gun rights advocate has done, Morgan?

Tell us what infringement there would be if you had to limit your automatics, semi-automatics, or single shots, to a five-bullet magazine. How would that, in any way, infringe on your right to keep arms, or bear them?

After you stumble over that one, tell us how it affects your right at all to fill out a form that lets a gun seller figure out whether you’re being straight about not being a felon, and not being a crazy shooter, and not fronting for a crazy shooter or felon.

How does filling out a form to make sure you’re legal, infringe on your right to keep and bear arms? There’s nothing in that amendment that says you can keep your gun ownership or bearing secret — in fact, in many states, keeping a gun concealed is a crime (without a permit).

Tell us how anyone’s rights are infringed by those common sense proposals, one of which isn’t even being proposed.

If I submit a form to the Social Security Administration, or to the IRS, or to some state agency like the DMV, and the form has 88 blocks in it and I botched something somewhere around the 8th or 9th block, it would be patently absurd for me to stand there and berate the DMV clerk who rejected it with “Why didn’t you read blocks ten through eighty-eight?? What am I paying you to do with your time??”

So you won’t do that anymore? That’s good news. I hope it’s a movement, and it catches on.

Aggravating as the situation would be, such a reaction would be very silly…because once the 8th or 9th block is screwed up, it’s an invalid form, and even though blocks 10 through 88 may be loaded with wonderfully accurate information, in context it’s still a bunch of nonsense until they’re copied on to another form that has been filled out PROPERLY. So reading them would actually be an inappropriate use of that time that I bought through my tax money by paying the clerk’s salary. Well, if that’s true of clerks, it’s certainly true of Senators, who swear an oath to uphold the Constitution.

I don’t think that’s a good analogy. Your paying your taxes is not similar in any way your elected representatives’ lying to you about whether they read bills or not, and using the pretense that they’ve not seen what they know is in the bill, to block the majority from even debating what is the best thing for the nation.

In their constitutional duty to represent you, they don’t have the right to boldly lie about what they’re doing for demagogue points.

It’s not illegal, but it’s dishonest, disgusting, and unpatriotic. It doesn’t represent you well — at least, I don’t think that you’re so corrupt that you can only get by by lying through your teeth and making phony excuses.

Sorta like enforcement of a lease — lying through your teeth about the rent isn’t a good idea, regardless you’re the tenant or the landlord.

Why am I having to explain the above?

Because you’re trying to defend ugly skullduggery on a bill you don’t know much about?

Because you sank all of your retirement funds into a gun manufacturer, and you just realized that rational gun laws might take that gold mine away? Because you’re a conservative, and these days that means “so congenitally unable to tell the truth that, when a conservative shoots a hole-in-one on the golf course, he writes ’0′ on the score card?”

I don’t know.

You’re doing a great job of supporting one of my pet theories, that liberals are people who haven’t actually had to deal with the bureaucracies their ideas create.

And you’re providing ample support for a couple of hypotheses I’ve wished didn’t need to be tested: One, that conservatives really DON’T know what a theory is, especially contrasted to hypotheses; two, that conservatives can’t be bothered to read the book, or the law, or the proposal, or anything else that might inform their arguments, probably out of fear they’ll realize their prejudices are wrong; three, that conservatives really like rules, out of their defense of “traditional” life and “order” — but they think the rules never apply to themselves or their supporters; and four, that the fact that the conservative position is correct should be so self-evident, no matter how half-wit or knuckleheaded the idea, that conservatives will never stoop to actually arguing the issues — keep John Walsh and Candy Lightner far away from conservatives, because they have no real defense for why we treat automobiles as more valuable than children or why we never stick to our guns about criminalizing drunk drivers who kill, especially repeatedly — and so, keep the parents of the Newtown victims far away from Washington, and demonize them as soft-on-crime, anti-patriotic, anti-Constitution liberal fuzzy heads, so we don’t have to look them in the eye and explain why we’re voting to defend the right of the idiot to shoot their children without cause, justification, warning, remorse or chance for retribution.

What’s more important, overarming people (the better to reduce the population), or keeping kids alive? (“We secretly hate children, which is why everyone of our policies is designed to make childhood difficult, cripple children educationally, mentally or physically, or kill them.”)

I do have to say though, I can see an upside to having it work the way you want…it would give me great pleasure, when I fill out a form wrong, to throw a hissy fit about “why didn’t you read the rest of my form?” But realistically, of course there’s no way it can work like that.

I thought you just had a mental burp — but now I see you’re on some tear about filling in forms incorrectly.

What difference could that possibly make?

Apparently there’s another trait of conservatives: The tendency to dissolve into irrelevant rants, instead of facing up to real problems, and making hard decisions about real solutions.

They weren’t your kids anyway, right?

More:

 


Shutup and read: Text of S. 649, Safe Communities, Safe Schools Act of 2013

April 11, 2013

Sen. Ted Cruz claims no one has read the text of S. 649, the Safe Communities and Safe Schools Act of 2013.

English: Ted Cruz at the Republican Leadership...

Reading-impaired U.S. Sen. Ted Cruz, R-Texas, at the Republican Leadership Conference in New Orleans, Louisiana. Wikipedia image

Contact: (202) 224-5922 / press@cruz.senate.gov
Thursday, April 11, 2013

WASHINGTON, DC – Today, Senators Mike Lee (R-UT), Rand Paul (R-KY) and Ted Cruz (R-TX) released the following statement regarding the pending vote on the motion to proceed to new gun control legislation:

This morning the Senate will vote on the motion to proceed to the firearms bill (S.649). It is expected that the Toomey-Manchin provision announced yesterday will replace the current language regarding background checks. Yet, as of this morning, not a single senator has been provided the legislative language of this provision. Because the background-check measure is the centerpiece of this legislation it is critical that we know what is in the bill before we vote on it. The American people expect more and deserve better.

Unfortunately, the effort to push through legislation that no one had read highlights one of the primary reasons we announced our intention to force a 60 vote threshold. We believe the abuse of the process is how the rights of Americans are systematically eroded and we will continue to do everything in our power to prevent it.

He’s an idiot, I know.

Amendments to the original text are pending — but here is the text of the proposed law as introduced in the U.S. Senate on March 22; amendments will be available at several places as they are proposed or approved, including the Library of Congress’s Thomas legislative tracking site.

Sen. Toomey published a quick summary of the bill as amended – this is what Cruz really fears:  Legislation that might make public schools safer (never forget Cruz opposes public education):

U.S. Sen. Pat Toomey, D-Pennsylvania

U.S. Sen. Pat Toomey, D-Pennsylvania, in a committee hearing room; photo released by Toomey’s office

Bottom Line: The Public Safety and Second Amendment Rights Protection Act would require states and the federal government to send all necessary records on criminals and the violently mentally ill to the National Instant Criminal Background Check System (NICS). The bill extends the existing background check system to gun shows and online sales.

The bill explicitly bans the federal government from creating a national firearms registry, and imposes serious criminal penalties (a felony with up to 15 years in prison) on any person who misuses or illegally retains firearms records.

TITLE ONE: GETTING ALL THE NAMES OF PROHIBITED PURCHASERS INTO THE BACKGROUND CHECK SYSTEM

Summary of Title I: This section improves background checks for firearms by strengthening the instant check system.

• Encourage states to provide all their available records to NICS by restricting federal funds to states who do not comply.

• Allow dealers to voluntarily use the NICS database to run background checks on their prospective employees

• Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).

• Provides a legal process for a veteran to contest his/her placement in NICS when there is no basis for barring the right to own a firearm.

TITLE TWO: REQUIRING BACKGROUND CHECKS FOR FIREARM SALES

Summary of Title II: This section of the bill requires background checks for sales at gun shows and online while securing certain aspects of 2nd Amendment rights for law abiding citizens.

• Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.

• Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term “transport” includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.

• Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.

• Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.

• Ensures that sales at gun shows are not prevented by delayed approvals from NICS.

• Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships.

• Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.

• Permits interstate handgun sales from dealers.

• Allows active military to buy firearms in their home states.

• Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks

• Adds a 15 year penalty for improper use or storage of records.

TITLE THREE: NATIONAL COMMISSION ON MASS VIOLENCE

Summary of Title III: : This section of the bill creates a commission to study the causes of mass violence in the United States, looking at all aspects of the problem, including guns, school safety, mental health, and violent media or video games.

The Commission would consist of six experts appointed by the Senate Majority Leader and six experts appointed by the Speaker of the House. They would be required to submit an interim report in three months and a completed report in six months.

WHAT THE BILL WILL NOT DO:

The bill will not take away anyone’s guns.

The bill will not ban any type of firearm.

The bill will not ban or restrict the use of any kind of bullet or any size clip or magazine.

The bill will not create a national registry; in fact, it specifically makes it illegal to establish any such registry.

The bill will not, in any way at all, infringe upon the Constitutional rights of law-abiding citizens.

Sen. Cruz, you have money in your office budget for training for you and your staff in tracking legislation — I’ll be pleased to come show you how to track down such language.

Below the fold, the current text of the bill (as of 4:26 p.m., April 11, 2013).

Update:  Below the fold, the text of the bill as proposed to be amended, published by Sen. Toomey late yesterday; then, below that, the original bill as introduced by Sen. Harry Reid, D-Nevada — compare them if you like.

Read the rest of this entry »


What news organizations need to know about “no-fly” zones over disaster areas

April 4, 2013

Lots of chatter around the internet today on the discovery that the Federal Aviation Agency posted a notice making the area over the oil spill in Arkansas off limits to aircraft.

Some people claimed they were certain that it was because Exxon-Mobil paid to get a special favor; others wondered why the government would be complicit in such a deal. Several of the comments linked to aerial photos of the spill, and said ‘obviously’ Exxon Mobil doesn’t want photos of the severity  of the spill to get out.  Bill McKibben’s tweet alerted me to the controversy (take a look at that video, too).

Actually, it’s common procedure to make sport flying and other unnecessary flying over disasters, off limits — FAA has a special set of regulations for that.  Rescuers and disaster fighters, and relief workers,  don’t want sight-seers on visual flight rules posing hazards to flights necessary to work on disaster relief or clean up of a spill of a toxic or hazardous substance.

But this doesn’t mean that news organizations cannot fly — in fact, there is a special regulation to ALLOW news aircraft over the zone, for photography and other reports.

Here’s the notice at FAA’s website (I’m sure that link will be unworkable in a few weeks):

FAA notification, NOTAMs notice of Mayflower, Arkansas, temporary flight restrictions; screen grab April 3, 2013.

FAA notification, NOTAMs notice of Mayflower, Arkansas, temporary flight restrictions; screen grab April 3, 2013.

Most announcements of restrictions of any public activity by a federal agency contain a notice of from where the agency draws that authority; I didn’t include it in the screen grab, but FAA notes the authority flows from Title 14 CFR section 91.137(a)(2).  That’s the Code of Federal Regulations, the set of volumes that list all the regulations the federal government has.  This was also published in the Federal Register — and I suspect the NOTAMs is also published there — but CFR is the more permanent set of books for finding government rules.

In the interests of open government, of course the FAA makes these rules available online.  They are available at several sites.  Here’s the meat of the regulation:

Section 2. Temporary Flight Restrictions in the Vicinity of Disaster/Hazard Areas (14 CFR Section 91.137)

19-2-1. PURPOSE

This section prescribes guidelines and procedures regarding the management of aircraft operations in the vicinity of disaster/hazard areas in accordance with 14 CFR Section 91.137. TFRs issued under this section are for disaster/hazard situations that warrant regulatory measures to restrict flight operations for a specified amount of airspace, on a temporary basis, in order to provide protection of persons or property in the air or on the ground.

19-2-2. RATIONALE

TFRs in accordance with 14 CFR Section 91.137 are issued when necessary to:

a. 14 CFR 91.137(a)(1) – Protect persons and property on the surface or in the air from an existing or imminent hazard associated with an incident on the surface when the presence of low flying aircraft would magnify, alter, spread, or compound that hazard.

b. 14 CFR 91.137(a)(2) – Provide a safe environment for the operation of disaster relief aircraft.

c. 14 CFR 91.137(a)(3) – Prevent an unsafe congestion of sightseeing and other aircraft above an incident or event that may generate a high degree of public interest.

NOTE-
This provision applies only to disaster/hazard incidents of limited duration that would attract an unsafe congestion of sightseeing aircraft.

Specific  rules of restrictions, who in the FAA declares them, who can grant waivers, and to who the restrictions apply, get spelled out following that  part.

Notice that, generally, these restrictions apply only to flights below 1,000 feet.  A good camera in a television station’s helicopter can get a lot of great shots from 1,000 feet out (three football fields) — this is a distance often seen in the videos of police car chases.  So it’s not a complete ban.

Savvy news organizations will know how to get news photos using the specific exemption for news aircraft, with procedures spelled out so the FAA knows it’s a news gathering operation; I’ve put the critical clauses in red:

c. Section 91.137(a)(3). Restrictions issued in accordance with this section prohibit all aircraft from operating in the designated area unless at least one of the following conditions is met:

1. The operation is conducted directly to or from an airport within the area, or is necessitated by the impracticability of VFR flight above or around the area due to weather or terrain, and the operation is not conducted for the purpose of observing the incident or event. Notification must be given to the ATC facility that was specified in the NOTAM for coordination with the official in charge of the activity.

2. The aircraft is operating under an ATC approved IFR flight plan.

3. The aircraft is carrying incident or event personnel, or law enforcement officials.

4. The aircraft is carrying properly accredited news representatives and, prior to entering that area, a flight plan is filed with FSS or the ATC facility specified in the NOTAM. Flight plans must include aircraft identification, type, and color; radio frequencies to be used; proposed times of entry to and exit from the TFR area; the name of news media or organization and purpose of flight.

Well-run news organizations already know this; in an age when more and more news rooms operate on a shoe string, it may be that this information about how to cover disasters is not passed along in the newsroom, though.  So I’m reposting it here, so you’ll know, so news organizations now, so environmental reporters can get a copy of the regulations  to carry with them when they head out to cover spills, fires, floods, and other disasters.

I’m waiting, too.  It’s only a matter of time until somebody figures out a local kid has a good radio control helicopter, and it can carry a GoPro camera; or until a local news station invests in a news-gathering drone.  Here in Texas, we’ve already had one environmental disaster uncovered by a drone operated by a guy just checking on real estate.

If you see some footage of the disaster filmed on or after April 3, would you let us know, in comments?

And spread the word to any reporters you know.

More:

Amateur video of the spill:


Powerful argument for limiting bullets in a clip: Colorado Sen. Mike Johnston pleads to give victims a chance to escape

March 17, 2013

Here’s one of my nominees for the next editions of Great Speeches of the 21st Century, and Great Speeches in American History.  Sen. Mike Johnston, on March 11, in the Colorado State Senate, spoke against coward, “hollow men,” who commit mass shootings, and how to protect from them:

Notes from YouTube posting:

Published on Mar 12, 2013

March 11, 2013: Sen. Mike Johnston (D-Denver) describes how gun safety legislation, particularly HB 13-1224, can make a difference.

What do you think?

Senator Michael Johnston

Colorado State Senator Michael Johnston – Wikipedia Photo

‘Eleven kids saved in eleven seconds’ seems like a powerful argument, to me.

And this:  “And so the bad news is that at that moment will be outgunned.  The good news is that in America that never means we will be outfought.”

And this:  “The task of taking lives, and the task of saving lives, are fundamentally different endeavors, and they require different tools.”

At about 6:04 into this, listen to Sen. Johnston talk about the “cost of living and loving is that it takes up so much space in our lives.”

Wow.

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Split in environmental movement? No, facts still matter

December 21, 2012

Chris Clarke took on Keith Kloor at Pharyngula.  Kloor fell victim to the idea that there is a great split between old “tree-hugger” environmentalists and a newer breed of greens who are willing to work with business and industry to get actual solutions.  Kloor seems to be cheering those he calls “modernists.”

It’s not a new idea, nor is a particularly useful one.  There has long been a minor rift between people who believe it’s impossible to cut deals with polluters, and those who get into the trenches to hammer out or shoot out deals that result in practical legislation.  The group who called for a legislated end to personal automobiles, for example, are still around — but they applaud those who forged the Clean Air Act that drove the invention and development of catalytic converters and cleaned up urban air, even though it left America awash in cars.

Clarke wrote:

Kloor summarizes the better, smarter, more stylish and less embarrassing side’s position thusly:

Modernist greens don’t dispute the ecological tumult associated with the Anthropocene. But this is the world as it is, they say, so we might as well reconcile the needs of people with the needs of nature. To this end, [controversial environmentalist Peter] Kareiva advises conservationists to craft “a new vision of a planet in which nature—forests, wetlands, diverse species, and other ancient ecosystems—exists amid a wide variety of modern, human landscapes.”

That doesn’t seem all that unreasonable on its face, if for no other reason that that it’s currently the best case scenario. You would be extremely hard-pressed to find even the most wilderness-worshipping enviro who disagreed.

In fact, were I to have to rebut Kloor’s whole piece in one sentence, it would be this:  the U.S. non-profit The Wilderness Society, founded by the authors of the Wilderness Act of 1964, is aggressively pushing for industrial development of solar and wind energy generating capacity on intact habitat on the public lands of the American west.

President Lyndon B. Johnson signing the Wilder...

President Lyndon B. Johnson signing the Wilderness Act in 1964 (Photo credit: Wikipedia)

I replied at Pharyngula, noting that the rift Kloor talks about could be exemplified by Rachel Carson and DDT and “modernists” who don’t object to the use of DDT in Indoor Residual Spraying (IRS) to fight malaria — except, those are the same people, working on the same issue.  In short, I sorta agree with Clarke.  There’s no rift, only a lot of misunderstanding.

Heck, if I’m going to that trouble, I may as well capture it here for my indexing purposes.  Here’s my response — I may add links in the body that don’t appear at Pharyngula.

Interesting view of a bit of an inside-baseball (environmental protection politics) issue, but not particularly incisive. Other than its being published at Slate, should we worry about Kloor’s views much?

The piece completely ignores that the views of those he labels “modernists” and “pragmatists” come wholly out of the research demanded by those he ignores in the old movement, whom he unfairly ridicules as hippies.

For example: It’s politically correct (in some circles) today to say (1) Rachel Carson was too strident, and (2) probably wrong about DDT “since it’s (3) not carcinogenic, we now know.” Malaria fighters around the world (4) now have DDT in their arsenal again, this view holds, because (5) pragmatists in the environmental movement finally listened. “(6) Sorry about those ‘unnecessary’ malaria deaths,” some claim the pragmatists would say.

But that view is founded on, grown in, and spreads, historical, legal and scientific error. And the progress made was based on understanding the science, history and law accurately. It’s not that pragmatists finally succeeded where the tree-huggers failed. It’s that the tree-huggers hung in there for 50 years and the world has come around to recognizing good effects, even if it can’t or won’t acknowledge the true heroes who got the work done.

Carson was dead right about DDT. She urged the use of Integrated Vector (Pest) Management in place of DDT, but she forecasted (in 1962!) that unless DDT use were severely curtailed, it would cease to be useful to fight malaria and other diseases (because, as Carson understood, evolution works, and the bugs evolve defenses to DDT). By 1965, WHO had to end its ambitious campaign to eradicate malaria because, as Carson predicted, mosquitoes in Africa turned up resistant and immune to DDT because of abuse and overuse of the stuff in other applications. Notice, 1965 was seven years BEFORE the U.S. banned DDT use on agricultural crops, and 19 years before the last U.S. DDT manufacturer scurrilously fled to bankruptcy protection to avoid penalties under Al Gore’s SuperFund cleanup bill.

Carson did not claim DDT causes cancer. So the basis of the argument that DDT is “safe for human use” because it doesn’t cause cancer, is an historical non-starter. Research since Carson’s death shows that DDT does indeed cause cancer, though we think its a weak carcinogen in humans. DDT was banned because it’s a deadly poison (else it wouldn’t work!), and it kills for a long time, and it is nonspecific — so it will kill an entire ecosystem before it can eradicate some insect pests. It was in 1971, and it still is.

Photo taken at Rachel Carson's 100th Birthday ...

Photo taken at Rachel Carson’s 100th Birthday celebration at Rachel Carson Homestead in Springdale, Pennsylvania (Photo credit: Wikipedia)

Carson did note that DDT kills birds, in vitro, by incapacitating chicks to thrive, by outright poisoning insect-eating and predatory birds (or anything near the top of the trophic levels) and through a then-mysterious scrambling of reproductive abilities. About ten years after her death, it was discovered DDT also rendered female fowl unable to make competent eggshells, and that provided a fifth path for death for birds.

Much of the research Carson cited formed the foundation for the science-based regulation EPA came up with in late 1971 that ended in the ban on DDT in the U.S. None of those studies has ever been seriously challenged by any later research. In fact, when Discover Magazine looked at the issue of DDT and birds and malaria in 2007, they found more than a thousand peer-review follow-up studies on DDT confirming Carson’s writings.

Over the past decade we’ve seen a few bird species come off of the Endangered Species List. Recovery of at least four top predators should be credited squarely to the ban on crop use of DDT in the U.S, brown pelicans, peregrine falcons, osprey, and bald eagles. 40 years of non-use, coupled with habitat protection and captive breeding programs, brought these birds back. (Five years ago I sat on the lawn of Mt. Vernon and watched a bald eagle cross the Potomac to a snag 100 yards from George Washington’s porch; the director told me they’d been watching several eagles there for a couple of years. 15 years earlier, one nesting pair existed in the whole Potomac region, at a secret site; now tourists are told where to go see them. A friend wrote today he saw a bald eagle in Ft. Worth, Texas. The gains from the DDT ban are real.)

Meanwhile, in Africa and Asia, the war on malaria continued. After the DDT advocates screwed up the malaria eradication program of WHO in the 1960s, progress against malaria continued, but slowed; in the late 1980s malaria flared up in some regions where the malaria parasites themselves had developed resistance to the most commonly-used pharmaceuticals (as Darwin would have predicted, as Carson would have predicted). After struggling to keep malaria from exploding, about 1999 malaria fighters latched on to Integrated Pest Management (IPM), which couples occasional spraying of homes and other residences, even with DDT (which was never banned in Africa or Asia) — but calls for spraying only when it is very effective, and requires that no one pesticide be used to the point that it drives mosquitoes to evolve resistance, and pushes all other means to prevent disease-spreading bug bites.

Largely without DDT (though DDT is not banned), malaria infections fell from peak DDT-use years of 1959 and 1960, from 500 million infections per year, to fewer than 250 million infections today — that’s a decrease of 50%. Phenomenal when we consider the population of the world has doubled in the same time. Deaths dropped from 4 million annually in those peak-DDT-use years to fewer than 800,000 per year today — a decrease of more than 75%. Progress continues, with IPM; bednets now do better, and more cheaply, what DDT used to do but largely cannot anymore — stop the bites. Better medicines, and better educated health care workers, clean up the disease among humans so mosquitoes can’t find a well of infection to draw from.

Notice that at no point was progress made contrary to the “tree-hugger” model, but instead was made at every point because of the tree-hugger model. No compromises enabled the recovery of the bald eagle, but strict enforcement of the environmental laws. No compromises with Rachel Carson’s Silent Spring helped beat malaria, but finally applying what Rachel Carson actually wrote.

Now along comes Kloor to say that Carson and her de facto acolytes block progress, and people who argue for compromise instead have the lighted path to the future?

Let’s review:

  1. Carson was not too strident; in fact the President’s Science Advisory Committee’s report, “Use of Pesticides,” in 1963 called for more immediate and more draconian action than Carson did.
  2. Carson was not wrong about DDT; it is still a deadly poison, and it still kills ecosystems; however, as Carson urged, careful use can provide benefits in a few cases.
  3. Human carcinogenicity was not an issue in DDT’s being banned in the U.S. in 1972, and it’s being only a weak carcinogen now does not rescue DDT from the scientifically-justified ban; we now know DDT is even more insidious, since it acts as an endocrine disruptor in nature, scrambling reproductive organs of fish, amphibians, reptiles and mammals, and probably birds, too.
  4. Malaria fighters always had DDT in their arsenal; no reason to use DDT where it won’t work, nor where it’s harms outweigh its benefits (as the National Academy of Sciences said, in 1970, in a call to get rid of the stuff).
  5. If there were any pragmatists in this story, they abandoned malaria-affected areas of the world years ago and have not returned; they did nothing to help save the birds; to claim they listened is to suggest they did something and can do more. Not sure that’s a case that can be made.
  6. There were not deaths to malaria “unnecessary” due to a ban on DDT which never occurred in Africa or Asia, while DDT was plentiful and cheap to anyone who wanted to use it (still pretty much the case today). Let’s repeat that:  DDT has never been banned in Africa or Asia.  We can’t claim great disease exacerbation when the disease actually was abated so greatly over the period of time in discussion — can’t make that claim and also claim to be honest.

It was the hard-core, wilderness-loving, science-following environmentalists who were responsible for every lick of progress on that issue.

Is DDT unique as an issue? I don’t think so. And I think a fair history of the environmental movement from 1975 to today would point out that it was hard-core, save-the-planet-because-it’s-the-only-home-humans-have types who pulled things out. Do we have great canyons to hike in Colorado and Utah? Yeah, but keeping Exxon from digging up huge portions of those states for a now-failed oil-shale extraction scheme should get some of the credit. Is there wildlife in cities? Sure, but only because we had wilderness areas to protect those species in their darkest hours, and we may need those places again. Do we have other needs for wilderness? Only if we need clean air, clean water, huge sinks for CO2 emissions, and places to dream about so we stay sane and focused, and American (Frederick Jackson Turner was correct enough — Americans are more noble, more creative, wiser and more productive, if we have a frontier and a wild).

Isn’t it required that we compromise on standards to get energy independence, and economic prosperity? Don’t look now, but oil and natural gas production, and exploration, are at highs, under our “tough environmental laws.” If we look around the world, we see that future prosperity is best protected by such laws, even if they sometimes seem to slow some industrial process or other.

New generation of conservationist? Possible only because of the old generation, the Pinchots, Roosevelts (esp. the two presidents), the Lincolns and Grants, the Muirs, the Leopolds, the Bob Marshalls, the Udalls, the Morans, the Douglases (Marjory Stoneman and Justice William, both), the Rockefellers, the Nelsons, the Muskies, the Gores, the Powells, and thousands of others who were then ridiculed for being unpragmatic, and whose methods often required that they not “compromise.” We can’t talk about protecting wilderness today unless the Sierra Club was there to actually do it, earlier. We can’t talk about private efforts, or public-private partnerships, without standing on the ground already protected by the Nature Conservancy. We can’t talk about saving the birds without relying on the history of the Audubon Society. We can’t talk sensibly about protecting humans from cancer or poisons without touching every rhetorical string Rachel Carson plucked.

Get the science right. Keep your history accurate. Read the fine print on the law, and on the pesticide label. Conservation isn’t for the birds, bees, bears, trout and flowers — it’s for humans. That’s news to Kloor? Maybe that’s why his view is skewed.

Progress is made by unreasonable and stubborn people sometimes? No, Martin Luther King, Jr., said — those are the only people who make progress.

We aren’t going to build a future conservation movement by giving away what has been conserved to now.

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Old and Wise? Stones older than Supreme Court

December 8, 2012

Some wag at Associated Press noticed recently that the Rolling Stones’ average age puts them older than the U.S. Supreme Court.  (Did some one notice this before AP?)  Franklin Roosevelt criticized the Court as “nine old men.”  Women have improved the Court, but age sometimes makes us wonder, still, if new ideas wouldn’t help.

Rolling Stones in 2012, 50th anniversary

Left to right, Charlie Watts, Keith Richard, Ron Wood and Mick Jagger; Bill Wyman absent from this photo; Rolling Stones, 50th Anniversary Tour 2012 – Samir Hussein photo WireImage, via Rolling Stone magazine. Other than no ties, they dress not-too flamboyantly.

Maybe we should wonder about increasing the wisdom that comes with age:

Rolling Stones:

Mick Jagger, 69

Keith Richards, 68

Charlie Watts, 71

Ronnie Wood, 65

Bill Wyman (rejoining them on tour), 76

Average age:  69.8 years (calculated from whole years only)

U.S. Supreme Court:

Antonin Scalia, 76

Anthony Kennedy, 76

Clarence Thomas, 64

Ruth Bader Ginsburg, 79

Stephen Breyer, 74

John G. Roberts, 57

Samuel A. Alito, Jr., 62

Sonia Sotomayor, 58

Elena Kagan, 52

Average age:  68.4 years

U.S. Supreme Court, Roberts Court 2010 – Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg – Wikimedia image. This bunch wears less colorful, but sillier costumes. Justice Ginsburg tends to favor neckwear the same way Keith Richards does; what else might they have in common?

A wise-beyond-his-teen-years camper at Camp Rising Sun of the Louis August Jonas Foundation, in the 1960s or early 1970s, observed, “You cannot be both young and brave, and old and wise.”  Certainly one would hope to achieve the happier medium of brave and wise (not necessarily in that order), but humans being who we are and experience being the master teacher that it is, we find ourselves on one end of both spectra, either wizened in age, or brave perhaps because of youth.

The Stones, celebrating their 50th year as a band in 2012, probably rock better than the Court does.  One can’t help wondering whether the wisdom of the Stones wouldn’t serve us better than that of the current court.  Ironically, those most wise at the Court tend to be the younger ones (Breyer definitely excluded).  I’d be inclined to swap out Alito and Scalia  for any two of the Stones.  Maybe Roberts for a third.

Thomas?  Well, he’s almost a contemporary, and I had lunch with him a couple of times (Senate staff).  I hate to criticize a lunch companion so.  But comparing Jagger’s record at the London School of Economics with Thomas’s record in academia, yeah, I could be persuaded.  I dealt with Breyer, too (not at lunch), and am inclined to think he could rock pretty well.

Perhaps the answer is that we need more rock and roll in the halls of justice.  Pete Seeger, Arlo Guthrie and Bruce Springsteen, among others, would probably agree.

If both groups banned the use of hair dye, would it improve anything they do?

Which bunch would you rather have dispensing final decisions on justice?  Which bunch would you prefer to see in concert?

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Department of Interior finally settled the Native American trust case

November 27, 2012

Here’s a headline that shouldn’t be buried in lame duck Congress folderol nor holiday news doldrums:  The U.S. Department of Interior (DOI) and plaintiffs in the Cobell case reached a settlement that the court has approved. This is the end of litigation — parties hope — on the long-running saga of government mismanagement of trust accounts held by the Bureau of Indian Affairs (BIA) for the benefit of Native Americans, over the last century.

Billions of dollars went missing to bad accounting.

Elouise Cobell met with President Barack Obama in the Oval Office, 2010

Elouise Cobell met with President Barack Obama in the Oval Office, in December 2010, after the passage and signing of the Claims Resolution Act of 2010.

Wikipedia has a concise, but thorough enough description of the case and its predecessors:

Cobell v. Salazar (previously Cobell v. Kemp- thorne and Cobell v. Norton and Cobell v. Babbitt) is a class-action lawsuit brought by Native American representatives against two departments of the United States government. The plaintiffs claim that the U.S. government has incorrectly accounted for the income from Indian trust assets, which belong to individual Native Americans (as beneficial owners) but are managed by the Department of the Interior (as the legal owner and fiduciary trustee). The case was filed in the United States District Court for the District of Columbia. The original complaint asserted no claims for mismanagement of the trust assets, since such claims could only properly be asserted in the United States Court of Federal Claims.

Arguments, appeals and deeper investigation strung the case out; lead plaintiff Elouise Cobell, a member of the Blackfoot Tribe, did not live to see the end of the case (she died in 2011).

It’s difficult to judge whether justice has been served in this case, and that judgment may not be ripe for many years.  Ending the litigation should create some hope for better conditions on Indian Reservations, and for Native Americans across the nation.  Especially the education benefits of the law required to settle the case, could provide a foundation for future prosperity of the affected tribes and people.

DOI announced the settlement in a press release November 26 (links in the body of the release added here):

Salazar Announces Final Steps on Cobell Litigation and Implementation of Settlement


Settlement includes land consolidation program to help promote tribal self-determination and strengthen economic development

11/26/2012

WASHINGTON, D.C. – Secretary of the Interior Ken Salazar today lauded the final approval of the Cobell settlement and outlined steps that Interior will take to help implement the historic $3.4 billion settlement. The settlement resolves a long-running class action lawsuit regarding the U.S. government’s trust management and historical accounting of individual American Indian trust accounts. It became final on November 24, 2012, following action by the Supreme Court and expiration of the appeal period.

“With the settlement now final, we can put years of discord behind us and start a new chapter in our nation-to-nation relationship,” said Salazar. “Today marks another historic step forward in President Obama’s agenda of reconciliation and empowerment for Indian Country and begins a new era of trust administration.”

The settlement includes a $1.5 billion fund to be distributed to class members for accounting and potential trust fund and asset mismanagement claims. The settlement also includes a $1.9 billion fund for a land consolidation program that allows for the voluntary sale of individual land interests that have “fractionated,” or split among owners, over successive generations. Fractionated land can have many owners – sometimes hundreds or more – diminishing the land’s value and making it difficult for individuals to use the land for agriculture, business development, or housing from which tribes can benefit. Up to $60 million of the $1.9 billion fund may be set aside to provide scholarships for American Indians and Alaska Natives to attend college or vocational school.

“This marks the historic conclusion of a contentious and long running period of litigation,” said Hilary Tompkins, Solicitor for the Department of the Interior. “Through the hard work and good will of plaintiffs, Interior and Treasury officials and Department of Justice counsel, we are turning a new page and look forward to collaboratively working with Indian country to manage these important funds and assets.”

Payments to Claimants
The Claims Administrator will now begin overseeing disbursement of the $1.5 billion to nearly 500,000 class members. The court previously approved GCG, Inc., as the Claims Administrator. The Department of the Treasury will transfer the $1.5 billion to an account at JP Morgan Chase, a bank approved by the court. Per the terms of the settlement agreement, Interior’s Office of the Special Trustee (OST) has assisted GCG with its database by supplying contact information of individual class members from its records.

“We will continue to work with GCG to ensure it has the information it needs to make expeditious and accurate payments,” Deputy Secretary of the Interior David J. Hayes said. “At the same time, we’re focused on making meaningful improvements to our trust administration so that we’re more transparent, responsive and accountable in managing these substantial funds and assets.”

Trust Land Consolidation Program
The Department of the Interior will use $1.9 billion from the Trust Land Consolidation Fund to acquire interests in trust and restricted lands that have “fractionated” over successive generations since the 1880s.

Individual owners will be paid fair market value for such interests with the understanding that the acquired interests will remain in trust and be consolidated for beneficial use by tribal communities. Interested sellers may convey their fractional interests on a voluntary basis. Currently, there are over 2.9 million fractional interests owned by approximately 260,000 individuals.

While the settlement was pending, Interior held a series of consultation meetings with tribes in 2011 to ensure that this landmark program incorporates tribal priorities and promotes tribal participation in reducing land fractionation in a timely and efficient way. These discussions informed a draft land consolidation plan released in February of 2012. Interior is incorporating public comments and expects to release an updated plan by the end of the year for additional consultation.

“The land consolidation program is our chance to begin to solve a fractionation problem that has plagued Indian country for decades,” said Interior Assistant Secretary of Indian Affairs Kevin K. Washburn. “We are anxious to get started. We know that Interior’s continued outreach through consultations with Indian Country is a crucial component to accomplishing truly open government-to-government communication”

Congress approved the Cobell settlement on November 30, 2010 as part of the Claims Resolution Act of 2010. President Obama signed the legislation on December 8, 2010. The district court approved the Cobell settlement on August 4, 2011 and it has been upheld through the appeals process.

For additional information about the individual class-action payments, please contact GCG, Inc. at 1-800-961-6109 or via email at Info@IndianTrust.com

For additional information on the Trust Land Consolidation Program, please visit http://www.doi.gov/cobell/index.cfm

More:

  • Page in memory of Elouise Cobell, the lead plaintiff in the case — who died in 2011; President Obama described Ms. Cobell, and the litigation, in remembering her:  ¶”As treasurer of the Blackfeet Nation, Elouise spoke out when she saw that the federal government had failed to account for billions of dollars that it owed to hundreds of thousands of her fellow Native Americans. In 1996, she filed suit, and for 15 years, tirelessly led a legal battle, with seven trials, 10 appeals, and dozens of published decisions. She fought her battle not just in the courts, but in the halls of Congress before finally securing justice for more than 300,000 American Indians and Alaska Natives in the form of a $3.4 billion settlement.  ¶”The agreement reached in Cobell v. Salazar marked the largest government class-action settlement in our nation’s history. The scholarship fund this settlement established will give more Native Americans access to higher education. Tribes will have more control over their own lands. Elouise’s tireless efforts strengthened the government-to-government relationship with Indian country, and a generation of Native Americans and all Americans has seen the promise of justice realized.  ¶”Last December, I had the privilege to meet with Elouise in the Oval Office prior to signing into law a bill to make things right. The Claims Resolution Act of 2010 is a direct result of the settlement that bears her name. It is proof of an enduring American idea – that change is always possible.”

225 years ago today, in this room

September 17, 2012

Independence Hall, Philadelphia; room where the Constitution was created and signed; Dept of Interior photo

Caption from Department of Interior’s Tumblr site: 225 years ago today, the Constitution of the United States was signed in Independence Hall. Today, you can tour the Hall and see where the Declaration of Independence and Constitution were both signed, and you can also view the Liberty Bell [close by]. This is a site not to miss while visiting Philadelphia.
Photo: National Park Service

Does this room look a little familiar?  You’ve probably seen Howard Chandler Christy’s paintingof the event we celebrate today.

Howard Chandler Christy's "Signing of the Constitution," 1940; Architect of the Capitol image

Howard Chandler Christy’s “Signing of the Constitution,” 1940; Architect of the Capitol image. This massive, 20′ x 30′ painting hangs in the House Wing of the U.S. Capitol, in the east stairway — a location where, alas, most people cannot get to without a guide anymore.

Click to the Architect of the Capitol’s sitefor the story of the painting, intended by Congress to fill a gap in the story of America told by art in the Rotunda and throughout the halls of the building.

Dr. Gordon Lloyd, Pepperdine University's School of Public Policy and expert in the Constitution and its history.

Dr. Gordon Lloyd, Pepperdine University’s School of Public Policy and expert in the Constitution and its history. I met Lloyd almost a decade ago, in programs for history teachers, sponsored by the Bill of Rights Institute, and by the Liberty Fund.

My old friend Dr. Gordon Lloyd of Pepperdine University, working with the Ashbrook Center for Public Affairs, created a study tool from the Christy painting which should be used a lot more in classrooms.  Click over to the Edsitement site, and see for yourself.

Every year there are a few more tools on the internet to study the Constitution with, for teachers to use in the classroom on Constitution Day and every day.  I wonder what will be the effects in another decade.

How important is it that students learn the Constitution, what it says, and how it affects our daily lives?  How important is it that students learn the history of the creation of the Constitution, and does that history reverberate for those students as they venture out into their roles as citizens in the republic created by the document?

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Mermelstein: The man who forced us to remember

August 20, 2012

I first posted a version of this back in August 2006.  Since that time not much showed up on the internet to commemorate the story of Mel Mermelstein, nor to burn his deeds into the history books.  Millard Fillmore’s Bathtub had many fewer readers each day, then too.  This is a story that should not be forgotten about a story that must not be forgotten.

Mel Mermelstein, photo from Auschwitz Study Foundation

Mel Mermelstein, photo from Auschwitz Study Foundation

In early August 1985, Melvin Mermelstein struck a powerful blow against bogus history and historical hoaxes. Mel won a decision in a California court, in a contract case.

A group of Holocaust deniers had offered a $50,000 reward for anyone who could prove that the Holocaust actually happened. Mermelstein had watched his family marched to the gas chambers, and could testify. He offered his evidence. The Holocaust deniers, of course, had no intention of paying up. They dismissed any evidence offered as inadequate, and continued to claim no one could prove that the Holocaust actually occurred.

Mermelstein, however, was a businessman and he knew the law. He knew that the offer of the reward was a sweepstakes, a form of contract. He knew it was a contract enforceable in court.  He sued to collect the offered reward.  The reward was an offer, and Mel Mermelstein accepted the offer and, he said, he performed his part of the bargain. The issue in court would be, was Mermelstein’s evidence sufficient?

Mermelstein’s lawyer had a brilliant idea. He petitioned the court to take “judicial notice” of the fact of the Holocaust. Judicial note means that a fact is so well established that it doesn’t need to be evidenced when it is introduced in court — such as, 2+2=4, the freezing point of water is 32 degrees Fahrenheit, 0 degrees Celsius, etc.

The court ruled that the evidence presented overwhelmingly established that the Holocaust had occurred — the court made judicial note of the Holocaust. That ruling meant that, by operation of law, Mermelstein won the case. The only thing for the judge to do beyond that was award the money, and expenses and damages.

You can read the case and other materials at the Nizkor Holocaust remembrance site.

Appalachian State University takes the Holocaust seriously — there is a program of study on the issue, reported by the Mountain Times (the school is in Boone, North Carolina — not sure where the newspaper is).

Teaching the Holocaust to Future Generations

Mountain Times, August 17, 2006

As co-directors of Appalachian State University’s Center for Judaic, Holocaust and Peace Studies, Rennie Brantz and Zohara Boyd are always eager to expand and improve the center’s methods of education. Seldom, though, does this involve airfare.

Brantz and Boyd recently visited Israel to participate in the Fifth International Conference for Education: Teaching the Holocaust to Future Generations. The four-day conference was held in late June at Yad Vashem, an institute and museum in Jerusalem that specializes in the Nazi Holocaust. [link added]

“Yad Vashem is an incredible institute,” Brantz said. “It was founded in the ’50s to remember and commemorate those who perished in the Holocaust, and has been the premier international research institute dealing with the Holocaust.”

As Santayana advises, we remember the past in order to prevent its recurring. Clearly, this is a past we need to work harder at remembering.

Despite having been ordered to acknowledge the Holocaust, pay up on their sweepstakes offer, and apologize to Mr. Mermelstein, Holocaust deniers continue to publish claims that Mr. Mermelstein’s account is not accurate, or that it is contradictory or in some other way fails to measure up to the most strict tests of historical accuracy.  So it is important that you remember the story of Mel Mermelstein, and that you spread it far and wide.

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UFOs? GOP says ‘you gotta believe’ – Primer on Voter ID laws and their gross injustice

August 3, 2012

Quoted completely from Bill Moyers’ site; he makes the case clearly:

Moyers & Company | The Hollow Defense of Voter ID Laws

UFO Sightings Are More Common Than Voter Fraud

August 2, 2012

by Hamed Aleaziz, Dave Gilson and Jaeah Lee, Mother Jones

We’re proud to collaborate with Mother Jones in sharing graphs and charts that reveal truth about voting obstacles. Scroll down for stats and facts related to efforts to restrict voting, the prevalence of voter ID laws, what discourages new voters and the the pervasive fiction of voter fraud.


BLOCK THE VOTE

Since 2001, nearly 1,000 bills that would tighten voting laws have been introduced in 46 states.

24 voting restrictions have passed in 17 states since 2011. This fall, new laws could affect more than 5 million voters in states representing 179 of the 270 electoral votes needed to win the presidency.

In the past two years, 5 battleground states (Florida, Iowa, Ohio, Pennsylvania, and Wisconsin) have tightened their voting laws.

As of April, 74 restrictive voting laws were on the table in 24 states.

Sources: Brennan Center for Justice, NAACP


CARD-CARRYING AMERICANS ONLY

Since 2011, 34 states have introduced laws requiring voters to show photo ID, and 9 states have passed photo ID laws, affecting 3.8 million voters.

2.2 million registered voters did not vote in 2008 because they didn’t have proper ID.

*Does not include laws awaiting DOJ clearance, blocked by courts, or not in effect until after 2012. Source: National Conference of State Legislatures

Last year, 12 states introduced laws requiring birth certificates or other proof of citizenship to vote; 3 passed.

Only 48 percent of women have a birth certificate with their current legal name on it.

Texas’ new ID law permits voters to use concealed-handgun licenses as proof of identity, but not state university IDs.

Sources: Brennan Center for JusticeGabriel R. Sanchez, Stephen A. Nuño, and Matt A. Barreto


DISCOURAGING NEW VOTERS

80 percent of the 75 million eligible voters who did not take part in the 2008 election were not registered to vote.

In 2008, more than 1/3 of voters cast ballots before Election Day. In 2011, 5 states passed bills to restrict early voting.

States with Election Day registration have 7 to 12 percent greater turnout than states without. Last year, 5 states introduced bills that eliminate Election Day registration.

12 percent of minority voters report registering through voter drives, twice the rate of white voters. In 2011, Florida and Texas passed laws making registration drives much harder to organize.

Florida state Sen. Mike Bennett, a supporter of the tougher voter registration law, said, “I don’t have a problem making it harder. I want people in Florida to want to vote as bad as that person in Africa who walks 200 miles across the desert. This should not be easy.”

Source: Caltech/MIT Voting Technology Project


LOCKING OUT EX-CONS

4 million Americans who have completed prison sentences are ineligible to vote. 38 percent of disenfranchised voters are African American.

13 percent of African-American men cannot vote due to criminal records, a rate 7 times the national average.

The United States and Belgium are the only democracies that disenfranchise citizens for lengthy or indefinite periods after completing prison sentences.

To regain their voting rights, released felons in Iowa must provide the address of the judge who convicted them and a credit report showing they have paid off their court costs. “They make the process just about impossible,” said a 40-year-old ex-con who’d stolen a soda machine as a teen.


IN SEARCH OF STOLEN VOTES

dog voting

While defending its precedent-setting photo ID law before the Supreme Court, Indiana was unable to cite a single instance of voter impersonation in its entire history.

A 2005 report by the American Center for Voting Rights claimed there were more than 100 cases of voter fraud involving 300,000 votes in 2004. A review of the charges turned up only 185 votes that were even potentially fraudulent.

In support of a voter ID law, Kansas Secretary of State (and the legal brains behind a slew of anti-immigration laws) Kris Kobach cited 221 incidents of voter fraud in the state between 1997 and 2010. Yet those cases produced just 7 convictions — none related to impersonating other voters.

Last December, Republican National Committee Chairman Reince Priebus declared that Wisconsin is “absolutely riddled with voter fraud.” In fact, the state’s voter fraud rate in 2004 was 0.0002 percent — just 7 votes.

In 2008, John McCain said fraudulent registrations collected by ACORN were “one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy.” The Congressional Research Service found no proof that anyone improperly registered by ACORN tried to vote.

Federal convictions for election fraud, 2002-05

  • Voting while ineligible: 18
  • Voting multiple times: 5
  • Registration fraud: 3

UNIDENTIFIED FLYING OBJECTS

Dog and UFO

Between 2000 and 2010, there were:

649 million votes cast in general elections

47,000 UFO sightings

441 Americans killed by lightning

13 credible cases of in-person voter impersonation

Special hat tip to craigconnects.org

Additional sources:

  • A 2005 report by the American Center for Voting Rights…: The Myth of Voter Fraud by Lorraine C. Minnite
  • 13 credible cases…: Justin Levitt, Loyola Law School

From the show

Related Features:

So there’s the case in a nutshell — a large, meaty nut’s shell.

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The business growth of Private Enterprise Prisons... this at a time when violent crimes have decreased about 41%...

July 19, 2012

Reblogged from Under The LobsterScope:

Click to visit the original post

Here are the facts... you make your own conclusion. Personally, I think making prisons a private industry sucks--- I wonder when they'll be exporting the prisoners to China.

Read more… 3 more words

Found this at Under the Lobsterscope -- our incarceration rates form a testament to one of the greatest failures of the U.S. over the past two decades. Live links added here for your convenience. (This may be the last time we use the reblog feature -- it's very clunky!)

June 15: Magna Carta anniversary, #797

June 15, 2012

Today, June 15, 2012, is the 797th anniversary of the signing of the Magna Carta.  The document laid a foundation for freedom, almost 800 years ago, upon which we stand today.

Runnymede, Magna Carta Isle, photo by Wyrdlight, Antony McCallum, 2008 (Wikimedia)

What event critical to western history and the development of the democratic republic in the U.S. happened here in 1215?

A teacher might use some of these photos explaining the steps to the Constitution, in English law and the heritage of U.S. laws. Other than the Magna Carta, all the events of Runnymede get overlooked in American studies of history. Antony McCallum, working under the name Wyrdlight, took these stunning shots of this historic meadow. (He photographs stuff for studies of history, it appears.)

Maybe it’s a geography story.

View of Runnymede Meadow from Engham Village -- Wyrdlight photo through Wikimedia

View of Runnymede Meadow from Engham Village — Wyrdlight photo through Wikimedia

Several monuments to different events of the past millennium populate the site. The American Bar Association dedicated a memorial to the Magna Carta there — a small thing open to the air, but with a beautiful ceiling that is probably worth the trip to see it once you get to England.

Wikipedia explains briefly, with a note that the ABA plans to meet there again in 2015, the 800th anniversary of the Great Charter:

Magna Carta Memorial


The Magna Carta Memorial & view towards the ‘medes’


Engraved stone recalling the 1985 ABA visit

Situated in a grassed enclosure on the lower slopes of Cooper’s Hill, this memorial is of a domed classical style, containing a pillar of English granite on which is inscribed “To commemorate Magna Carta, symbol of Freedom Under Law”. The memorial was created by the American Bar Association to a design by Sir Edward Maufe R.A., and was unveiled on 18 July 1957 at a ceremony attended by American and English lawyers.[5]

Since 1957 representatives of the ABA have visited and rededicated the Memorial renewing pledges to the Great Charter. In 1971 and 1985 commemorative stones were placed on the Memorial plinth. In July 2000 the ABA came:

to celebrate Magna Carta, foundation of the rule of law for ages past and for the new millennium.

In 2007 on its 50th anniversary the ABA again visited Runnymede and during the convention installed as President Charles Rhyne who devised Law Day which seeks in the USA an annual reaffirmation of faith in the forces of law for peace.

The ABA will be meeting at Runnymede in 2015 on the 800th anniversary of the sealing of the original charter.

The Magna Carta Memorial is administered by the Magna Carta Trust, which is chaired by the Master of the Rolls.[10]

In 2008, flood lights were installed to light the memorial at night, but due to vandalism they now lie smashed.

I’ll wager the lights get fixed before 2015.

Detail of the Magna Carta monument at Runnymed...

Detail of ceiling of the Magna Carta Memorial detailing play of light, and star pattern, Runnymede – Wikimedia image

More, resources:

This is mostly an encore post.


Still looking? Again, here’s how to find “separation of church and state” in the Constitution

May 16, 2012

It’s an election year. People get crazy. I’ve already heard from a dozen wacko candidates that “separation of church and state isn’t in the Constitution.”

Yes it is. Separation of church and state resides in the Constitution.  Here’s a post from 2010 to help them find it.

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It’s been at least 20 years since I first heard the old canard of an argument that “there’s no separation of church and state in the Constitution.” I think I first heard it attributed to David Barton, which would make sense, since he doesn’t understand the Constitution, but neither does he fear sharing his misunderstandings.

It was an incorrect statement then, and it’s been incorrect since September 1787. Separation of state and church is woven throughout the Constitution, part of the warp and woof.

Recently, latter-day Constitution ignorami repeat the old canard.

Toles cartoon on dangers of marrying church and state

Toles cartoon on dangers of marrying church and state

I was surprised to discover I’ve not posted this before on this blog. So here’s a slightly-edited version of a response I gave many months ago to someone who made that silly claim, a basic description that I developed years ago to explain the issue, in speeches by members of the Senate Subcommittee on the Constitution:

Separation of church and state: It’s in the Constitution.

I don’t play a constitutional lawyer on television, I am one*, but it seems to me anyone can read the Constitution and see. Especially if one understands that the Constitution sets up a limited government, that is, as Madison described, one that can do only what is delegated to it. The Constitution is a short document.

Where should you look to find separation of church and state in the Constitution?

First, look in the Preamble. It is made clear that the document is a compact between citizens: “We the people . . . do ordain and establish this Constitution . . .” The usual role of God ordaining (in some western nations) is altered, intentionally. It is not God who establishes this government, but you and I, together. From the first words of the Constitution, there is separation of church and state. The power of our government grows out of a secular compact between you and me, and 308 million other residents of the nation. We have a government created by consent of the governed, as the Declaration of Independence said a just government should be. It is not a government created by the will of God directly (though some, including the Mormons, argue it is divinely inspired). We have no divine right kings or other monarchs. The government is not the grantor of rights from God, but is instead the protector of the rights of citizens, whatever the source of the rights.

Second, look in the key parts of the document itself. Start with Article 1. The legislative branch is given no role in religion; neither is any religion given any role in the legislature. In Article 2, the executive branch gets no role in religion, and religion gets no role in the executive branch. In Article 3, the judicial branch gets no role in religion, and religion gets no role in the judicial branch. In Article 4, the people get a guarantee of a republican form of government in the states, but the states get no role in religion, and religion gets no role in state government. This is, by design of the founders, a perfect separation of church and state.

Third, in Article 6, the convention wrote the hard and fast rule that no religious test can be used for any office in government, federal, state or local, means that no official will have a formal, governmental role in religion, and no religion can insist on a role in any official’s duties.

Fourth, Amendment 1 closes the door to weasling around it: Congress is prohibited from even considering any legislation that might grant a new bureaucracy or a new power to get around the other bans on state and church marriage, plus the peoples’ rights in religion are enumerated.

Fifth: In 1801 the Baptists (!) in Danbury, Connecticut, grew concerned that Connecticut would act to infringe on their church services, or teachings, or right to exist. So they wrote to President Jefferson. Jefferson responded with an official declaration of government policy on what the First Amendment and Constitution mean in such cases. Jefferson carefully constructed the form of the device as well as the content with his Attorney General, Levi Lincoln, to be sure that it would state what the law was. This “letter” is the proclamation. It’s an official statement of the U.S. government, collected in the president’s official papers and not in his personal papers. Make no mistake: Jefferson’s letter to the Danbury Baptists was an official act, an official statement of the law of the United States. Jefferson intended it to assuage the Baptists in Danbury, to inform and warn the Connecticut legislatures, and to be a touchstone to which future Americans could turn for information. It was only fitting and proper for the Supreme Court to use the letter in this capacity as it has done several times.

Sixth: The phrase, “separation of church and state” dates back another 100 years and more, to the founding of Rhode Island. It is the religion/state facet of the idea of government by consent of the governed without interference from religious entities, expressed so well in the Mayflower Compact, in the first paragraphs of the Declaration of Independence, and carried through in the Constitution (see especially the Preamble, above).

No, the phrase “separation of church and state” never appears in the Constitution. The principles of separation of church and state are part of the warp and woof, and history, of the document, however. The law is clear, the law was clear, the law has always been clear, and denying the Constitution says what it says won’t change it or make it go away. You could just as easily point out that the word “democracy” or “democratic” never appears in the document, though we rely on democratic mechanisms and institutions to make it work. You could point out that nowhere does it say that our national government is a republic, though it is. The Constitution doesn’t say “checks and balances,” nor does it say “federalism.” The Constitution doesn’t mention political parties. The Constitution was written before the advent of broadcasting, and makes no mention of radio nor television, nor of the internet — but the First Amendment freedoms apply there anyway. The Constitution doesn’t say “privacy,” though it protects your right to privacy.

You won’t find “separation of church and state” as a phrase in the Constitution. If you read it, you’ll find that the concept of the separation of state and church can’t be taken out of the document, either — it’s a fundamental principle of our government.

More, and Resources:

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* A non-practicing one. We have way more than 50,000 lawyers in Texas. That’s enough trouble for one lifetime. Someone has to look out for the welfare of the world.


The anti-teacher, anti-lawyer, anti-education, anti-math, anti-civil rights truth behind “Kill all the lawyers”

March 10, 2012

Mostly an encore post — something we shouldn’t have to repeat, but thoughts that deserve a place in everyone’s mind in an election year.  I originally posted this back in 2006.

Poster from Michael Boyd's 2000 production of Henry VI, Part II, at Stratford

All this murder of lawyers, teachers, accountants, education and civil rights, is bloody business. Poster from Michael Boyd's 2000 production of Henry VI, Part II, at Stratford; PBS image via Wikipedia

In an otherwise informative post about a controversy over alternative certification for school administrators, at EdWize, I choked on this:

The Department leaders, Klein, Seidman and Alonso, lawyers all (perhaps Shakespeare was correct), are rigid ideologues who have alienated their work force as well as the parents of their constituents

Did you catch that? Especially the link to the Shakespeare line, “The first thing we do, let’s kill all the lawyers?”

This is not exactly history we’re fisking here — it’s drama, I suppose. Still, it falls neatly into the category of debunkings, not too unlike the debunking of the story of Millard Fillmore’s bathtub.

The line from Shakespeare is accurate. It’s from Henry VI, Part II. But it’s not so much a diatribe against lawyers as it is a part of a satirical indictment of those who would overthrow government, and oppress the masses for personal gain.

It is Dick the Butcher who says the line. Jack Cade has just expressed his warped view that he should be king, after having attempted a coup d’etat and taken power, at least temporarily. Cade starts in with his big plans to reform the economy — that is, to let his friends eat cheap or free, while other suffer and starve.

Dick chimes in to suggest that in the new regime, the lawyers ought to be the first to go — they protect rights of people and property rights, and such rights won’t exist in Cade’s imagined reign. Cade agrees. The purpose of killing the lawyers, then, is to perpetuate their rather lawless regime.

At that moment others in Cade’s conspiracy enter, having captured the town Clerk of Chatham. The man is put on trial for his life, accused of being able to read and keep accounts. Worse, he’s been caught instructing young boys to read.

There is no saving the poor Clerk at that point.  Cade orders the Clerk to be hanged, “with his pen and inkhorn around his neck” (even the pen was considered dangerous!).

Thus Shakespeare relates how terrorists of old steal government and rights, by killing the lawyers, the educated, and especially the teachers.

It’s still true today. Those who would steal rights from people, those who would oppress others, assault the rule of law, education, and those who spread learning. Beware those who urge death to law and learning; they are related to Dick the Butcher, philosophically, at least.  (No offense to honest butchers, I hope — especially to members of the UFCW.  Dick the Butcher was not a member of any butcher’s union.)

Here is the text, from the site “William Shakespeare — the Complete Works”:

CADE
Be brave, then; for your captain is brave, and vows
reformation. There shall be in England seven
halfpenny loaves sold for a penny: the three-hooped
pot; shall have ten hoops and I will make it felony
to drink small beer: all the realm shall be in
common; and in Cheapside shall my palfrey go to
grass: and when I am king, as king I will be,–

ALL
God save your majesty!

CADE
I thank you, good people: there shall be no money;
all shall eat and drink on my score; and I will
apparel them all in one livery, that they may agree
like brothers and worship me their lord.

DICK
The first thing we do, let’s kill all the lawyers.

CADE
Nay, that I mean to do. Is not this a lamentable
thing, that of the skin of an innocent lamb should
be made parchment? that parchment, being scribbled
o’er, should undo a man? Some say the bee stings:
but I say, ’tis the bee’s wax; for I did but seal
once to a thing, and I was never mine own man
since. How now! who’s there?

(Enter some, bringing forward the Clerk of Chatham)

Smith the Weaver and Dick the Butcher seize the Clerk of Chatham, Bunbury print of Henry VI, Part II scene

Smith the Weaver and Dick the Butcher seize the Clerk of Chatham, in Act IV, scene ii of Henry VI, Part II. Engraving by Henry William Bunbury, from collection of the Folger Shakespeare Library; original published by Thos. Macklin Poets Gallery, London, 1795

SMITH
The clerk of Chatham: he can write and read and
cast accompt.

CADE
O monstrous!

SMITH
We took him setting of boys’ copies.

CADE
Here’s a villain!

SMITH
Has a book in his pocket with red letters in’t.

CADE
Nay, then, he is a conjurer.

DICK
Nay, he can make obligations, and write court-hand.

CADE
I am sorry for’t: the man is a proper man, of mine
honour; unless I find him guilty, he shall not die.
Come hither, sirrah, I must examine thee: what is thy name?

CLERK
Emmanuel.

DICK
They use to write it on the top of letters: ’twill
go hard with you.

CLERK
Sir, I thank God, I have been so well brought up
that I can write my name.

ALL
He hath confessed: away with him! he’s a villain
and a traitor.

CADE
Away with him, I say! hang him with his pen and
ink-horn about his neck.

>Exit one with the Clerk

More, Resources (some from Zemanta):


Oldest federal judge remembered: Followed the Boy Scout Oath

February 11, 2012

He served on the federal bench through his 104th birthday, slowing down only when death took him last month.

Federal Judge Wesley E. Brown, at 103, in Wichita, Kansas - photo by Larry Smith for the New York Times

Federal Judge Wesley E. Brown, then 103, at his desk in the courthouse in Wichita, Kansas, in 2010 - photo by Larry Smith for the New York Times. Note the computer pictured behind Judge Brown -- not a technophobe.

U.S. Federal District Judge Wesley Brown died last month.  At a memorial service, those who knew him paid homage to his lifelong devotion to the Boy Scout Oath.  At the risk of angering the copyright poobahs at Associated Press, I quote from the AP story from Wichita, Kansas, carried at the site of Fox 6 WBRC (somewhere in Alabama):

“He was truly a first among equals – an icon of all that is good and faithful and true, both as a person and as a judge,” said U.S. District Judge Katherine Vratil, now the chief judge for the federal district in Kansas.

Mike Lahey, Brown’s law clerk for the past 24 years, said the judge’s life was governed by two oaths: one that he took to be a district judge in 1962 and the other when he became a Boy Scout in 1920.

Lahey said the judge often would recite the oath to him from memory: “On my honor I will do my best to do my duty to God and my country and to obey the scout law; to help other people at all times; to keep myself physically strong, mentally awake and morally straight.”

“To Judge Brown those words were never a simple rite of passage,” Lahey said. “To him, they were the aspiration of what a man should be and he adopted them as a guide for the rest of his life.”

He was born three years before Scouting was incorporated in the U. S. and lived past Scouting’s 100th anniversary.  Any other Scouters out there with greater longevity in Scouting?

An article in The Wichita Eagle laid out the historical perspective of Brown’s astonishing service:

Brown served during an era of changing civil rights, equality for men and women in the workplace and legal battles over Internet privacy.

During the 1970s, Brown told a Wichita hospital it couldn’t fire a woman because she was single and pregnant and ruled that North High School had to let a girl on its golf team. During the 1980s, Brown ordered millions of dollars in payments to railroad workers denied promotions because they were Americans of African descent.

More recently, Brown presided over cases including a $3 million athletic ticket scandal at the University of Kansas, where he studied physical education under James Naismith.

Calvin Coolidge was president when Brown entered the University of Kansas as an undergraduate in 1925.

Brown studied by night and worked to support himself at the Ford Motor Co. factory in Kansas City. When the Great Depression hit, he found himself having to write pink slips notifying fellow workers that they were out of jobs. One of those pink slips was his own. He finished law school working as a secretary for a local attorney’s office for $15 a week.

At his first job for a Hutchinson law firm, Brown made $25 a month, before being elected as Reno County attorney from 1935 to 1939.

Brown never let age get in his way. When he joined the Navy in World War II he was 37 — the oldest in his unit.

He was a past president of the Kansas Bar Association. He became chief judge for the Kansas federal district in 1971.

Brown assumed senior status in 1979, which is seen in the federal court system as semi-retirement at full salary. Brown, however, continued to work full time for the next three decades.

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