54 years ago today, Ruby Bridges went to school

November 14, 2014

American Experience reminds us:

On November 14, 1960, 6-year-old Ruby Bridges walked into William J. Frantz Elementary School in New Orleans.

It was just last September 8 we wished Ms. Bridges a happy 60th birthday.  What follows it the post I put up then, happy to have an excuse to repeat historic photos, great art from a great American painter, and remind students of history.  September’s post follows.

You don’t recognize her there?

How about in Norman Rockwell’s illustration?

“The Problem We All Live With,” Norman Rockwell, 1964; oil on canvas, Norman Rockwell Museum, Stockbridge, Massachusetts

Ruby Bridges with President Barack Obama, in 2011:

President Obama and Ruby Bridges viewing Normal Rockwall's painting, "The Problem We All Live With," at the White House in 2011. Photo by Pete Souza, public domain.

President Obama and Ruby Bridges viewing Normal Rockwall’s painting, “The Problem We All Live With,” at the White House in 2011. Photo by Pete Souza, public domain.

Ms. Bridges tells some of her story:


Oh, look: EPA ordered DDT to be used to fight malaria in 1972!

October 29, 2014

U.S. Environmental Protection Agency did not start a “worldwide ban” on using DDT to fight malaria. EPA instead lifted a court imposed ban on use of the pesticide to fight disease.

At least a couple of times a week I run into someone who claims that environmentalists are evil people, led by Rachel Carson (who, they say, may be as evil as Stalin, Hitler and Mao put together), and that their hysteria-and-n0t-fact-based “worldwide ban” on DDT use led to tens of millions of people dying from malaria.

Each point of the rant is false.

air pollution control activities in the Four Corners area of the U.S., in the 1970s -- soon after the agency completed its hearings and rule making on the pesticide DDT.  EPA photo.

EPA Administrator William Rucklshaus during an airplane tour of air pollution control activities in the Four Corners area of the U.S., in the 1970s — soon after the agency completed its hearings and rule making on the pesticide DDT. EPA photo.

But lack of truth to claims doesn’t stop them from being made.

Serious students of history know better, of course.  Federal agencies, like EPA, cannot issue orders on science-based topics, without enough hard science behind the order to justify it.  That’s the rule given by courts, inscribed in law for all agencies in the Administrative Procedure Act (5 USC Chapter 5), and required of EPA specifically in the various laws delegating authority to EPA for clean air, clean water, toxics clean up, pesticides, etc.   Were an agency to issue a rule based on whim, the courts overturn it on the basis that it is “arbitrary and capricious.”  EPA’s 1972 ban on DDT use on certain crops was challenged in court, in fact — and the courts said the science behind the ban is sufficient.  None of that science has been found faulty, or the DDT manufacturers and users would have been back in court to get the EPA order overturned.

Reading the actual documents, you may discover something else, too:  Not only did the EPA order apply only to certain crop uses, not only was the order restricted to the jurisdiction of the EPA (which is to say, the U.S., and not Africa, Asia, nor any area outside U.S. jurisdiction), but the order in fact specifically overturned a previously-imposed court ruling that stopped DDT use to fight malaria.

That’s right: Bill Ruckelshaus ordered that use of DDT fight malaria is okay, in the U.S., or anywhere else in the world.

Quite the opposite of the claimed “worldwide ban on DDT to fight malaria,” it was, and is, an order to allow DDT to be used in any disease vector tussle.

How did the ranters miss that?

Here are the relevant clauses from the 1972 order, from a short order following a few pages of explanation and justification:

Administrator’s Order Regarding DDT

Order. Before the Environmental Protection Agency. In regard: Stevens Industries, Inc., et al. (Consolidated DDT Hearings). I.F.&R. Docket No. 83 et al.

In accordance with the foregoing opinion, findings and conclusions of law, use of DDT on cotton, beans (snap, lima and dry), peanuts, cabbage, cauliflower, brussel sprouts, tomatoes, fresh market corn, garlic, pimentos, in commercial greenhouses, for moth-proofing and control of bats and rodents are hereby canceled as of December 31, 1972.

Use of DDT for control of weevils on stored sweet potatoes, green peppers in the Del Marva Peninsula and cutworms on onions are canceled unless without 30 days users or registrants move to supplement the record in accordance with Part V of my opinion of today. In such event the order shall be stayed, pending the completion of the record, on terms and conditions set by the Hearing Examiner: Provided, That this stay may be dissolved if interested users or registrants do not present the required evidence in an expeditious fashion. At the conclusion of such proceedings, the issue of cancellation shall be resolved in accordance with my opinion today.

Cancellation for uses of DDT by public health officials in disease control programs and by USDA and the military for health quarantine and use in prescription drugs is lifted. [emphasis added]

In order to implement this decision no DDT shall be shipped in interstate commerce or within the District of Columbia or any American territory after December 31, 1972, unless its label bears in a prominent fashion in bold type and capital letters, in a manner satisfactory to the Pesticides Regulation Division, the following language:

  1. For use by and distribution to only U.S. Public Health Service Officials or for distribution by or on approval by the U.S. Public Health Service to other Health Service Officials for control of vector diseases;
  2. For use by and distribution to the USDA or Military for Health Quarantine Use;
  3. For use in the formulation for prescription drugs for controlling body lice;
  4. Or in drug; for use in controlling body lice – to be dispensed only by physicians. [emphasis added]

Use by or distribution to unauthorized users or use for a purpose not specified hereon or not in accordance with directions is disapproved by the Federal Government; This substance is harmful to the environment.

The Pesticides Regulation Division may require such other language as it considers appropriate.

This label may be adjusted to reflect the terms and conditions for shipment for use on green peppers in Del Marva, cutworms on onions, and weevils on sweet potatoes if a stay is in effect.

Dated: June 2, 1972

William D. Ruckelshaus

[FR Doc.72-10340 Filed 7-6-72; 8:50 am]
Federal Register, Vol. 37, No. 131 – Friday, July 7, 1972 pp. 13375-13376

Here is the entire order, in an image .pdf format.

More:


227 years ago today, in this room

September 17, 2014

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 painting of the event we celebrate today.

Howard Chandler Christy’s “Signing of the Constitution,” 1940

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 site for 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, creator of the interactive

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, Liberty Fund, and National Endowment for the Humanities.

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?

More:

This is an encore post.

This is an edited encore post.


President Obama on Constitution Day 2014

September 17, 2014

President Barack Obama literally standing with the Constitution, at the National Archives. (source of photo?)

President Barack Obama literally standing with the Constitution, at the National Archives. (source of photo?)

Your flag is up. You’ve already read the Constitution and all 27 amendments.

Time to pass on greetings to others:  Happy Constitution Day!

From the President of the United States:

CONSTITUTION DAY AND CITIZENSHIP DAY, CONSTITUTION WEEK, 2014

- – – – – – -

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Eleven years after a small band of patriots declared the independence of our new Nation, our Framers set out to refine the promise of liberty and codify the principles of our Republic.  Though the topics were contentious and the debate fierce, the delegates’ shared ideals and commitment to a more perfect Union yielded compromise.  Signed on September 17, 1787, our Constitution enshrined — in parchment and in the heart of our young country — the foundation of justice, equality, dignity, and fairness, and became the cornerstone of the world’s oldest constitutional democracy.

For more than two centuries, our founding charter has guided our progress and defined us as a people.  It has endured as a society of farmers and merchants advanced to form the most dynamic economy on earth; as a small army of militias grew to the finest military the world has ever known; and as a Nation of 13 original States expanded to 50, from sea to shining sea.  Our Founders could not have foreseen the challenges our country has faced, but they crafted an extraordinary document.  It allowed for protest and new ideas that would broaden democracy’s reach.  And it stood the test of a civil war, after which it provided the framework to usher in a new birth of freedom through the 13th, 14th, and 15th Amendments.

America’s revolutionary experiment in democracy has, from its first moments, been a beacon of hope and opportunity for people around the world, inspiring some to call for freedom in their own land and others to seek the blessings of liberty in ours.  The United States has always been a nation of immigrants.  We are strengthened by our diversity and united by our fidelity to a set of tenets.  We know it is not only our bloodlines or an accident of birth that make us Americans.  It is our firm belief that out of many we are one; that we are united by our convictions and our unalienable rights.  Each year on Citizenship Day, we recognize our newest citizens whose journeys have been made possible by our founding documents and whose contributions have given meaning to our charter’s simple words.

Our Constitution reflects the values we cherish as a people and the ideals we strive for as a society.  It secures the privileges we enjoy as citizens, but also demands participation, responsibility, and service to our country and to one another.  As we celebrate our Nation’s strong and durable framework, we are reminded that our work is never truly done.  Let us renew our commitment to these sacred principles and resolve to advance their spirit in our time.

In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106), designated September 17 as “Constitution Day and Citizenship Day,” and by joint resolution of August 2, 1956 (36 U.S.C. 108), requested that the President proclaim the week beginning September 17 and ending September 23 of each year as “Constitution Week.”

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim September 17, 2014, as Constitution Day and Citizenship Day, and September 17 through September 23, 2014, as Constitution Week.  I encourage Federal, State, and local officials, as well as leaders of civic, social, and educational organizations, to conduct ceremonies and programs that bring together community members to reflect on the importance of active citizenship, recognize the enduring strength of our Constitution, and reaffirm our commitment to the rights and obligations of citizenship in this great Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of September, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty-ninth.

BARACK OBAMA

In that case, Happy Constitution Week!

What should we do tomorrow?


Civil rights icon Ruby Bridges, 60 today

September 8, 2014

Happy birthday, Ruby Bridges!

You don’t recognize her there?

How about in Norman Rockwell’s illustration?

“The Problem We All Live With,” Norman Rockwell, 1964; oil on canvas, Norman Rockwell Museum, Stockbridge, Massachusetts

Ruby Bridges with President Barack Obama, in 2011:

President Obama and Ruby Bridges viewing Normal Rockwall's painting, "The Problem We All Live With," at the White House in 2011. Photo by Pete Souza, public domain.

President Obama and Ruby Bridges viewing Normal Rockwall’s painting, “The Problem We All Live With,” at the White House in 2011. Photo by Pete Souza, public domain.

Ms. Bridges tells some of her story:


Quote of the moment: Judge Richard Posner, on tradition and marriage

August 27, 2014

Judge Richard Posner, 7th Circuit, U.S. Court of Appeals

Judge Richard Posner, 7th Circuit, U.S. Court of Appeals

“It was tradition to not allow blacks and whites to marry — a tradition that got swept away.”

Federal appeals court Judge Richard Posner, balking when Wisconsin Assistant Attorney General Timothy Samuelson repeatedly pointed to “tradition” as the underlying justification for barring gay marriage.

Two states attorneys general argued before a panel of judges on the 7th U.S. Circuit Court of Appeals in Chicago yesterday that marriage between members of the same gender should be stopped because of tradition.  AP’s story explains what happened.

While judges often play devil’s advocate during oral arguments, the panel’s often-blistering questions for the defenders of the same-sex marriage bans could be a signal the laws may be in trouble — at least at this step in the legal process.

Richard Posner, who was appointed by President Ronald Reagan in 1981, hit the backers of the ban the hardest. He balked when Wisconsin Assistant Attorney General Timothy Samuelson repeatedly pointed to “tradition” as the underlying justification for barring gay marriage.

“It was tradition to not allow blacks and whites to marry — a tradition that got swept away,” the 75-year-old judge said. Prohibition of same-sex marriage, Posner said, derives from “a tradition of hate … and savage discrimination” of homosexuals.

Posner is one of those guys who gives us hope for the human race, and hope especially for that branch of the human race known as Homo americanus ssp. ordinarius.

Appointed to the bench by Ronald Reagan, Posner is widely recognized as one of the brightest and most engaging judges in the U.S. today.  That’s a sop to all the rest, to call him “one of ” the brightest — to avoid making everybody else give up hope.

But he’s outspoken enough that most legal scholars agree he’d never survive a hearing to take a place on the U.S. Supreme Court.  The late Sen. Roman Hruska’s revenge, that we can’t get the best and the brightest on our highest court.

Posner is not content to sit on the bench and make high pronouncements.  He pushes America, courts and lawyers, to be better.  He teaches at the University of Chicago Law School (in a position not unlike that the young Barack Obama had).  Posner’s high-flying comment-on-anything-important style got cut back in the past few months when his blogging partner died — Nobel-winning economist Gary S. Becker.

It must be agony to be a lawyer defending a pointless, silly and destructive law, to a panel that includes Richard Posner.

Arun With a View captured the reasons Posner strikes fear in conservatives, despite his being a Ronald Reagan conservative.

Sketch of Judge Richard Posner by the late David Levine

Sketch of Judge Richard Posner by the late David Levine

NPR has a delicious interview with Richard Posner. Money quote

“I’ve become less conservative since the Republican Party started becoming goofy,” [Posner] said.

And this

“Because if you put [yourself] in [John Roberts’] position … what’s he supposed to think? That he finds his allies to be a bunch of crackpots? Does that help the conservative movement? I mean, what would you do if you were Roberts? All the sudden you find out that the people you thought were your friends have turned against you, they despise you, they mistreat you, they leak to the press. What do you do? Do you become more conservative? Or do you say, ‘What am I doing with this crowd of lunatics?’ Right? Maybe you have to re-examine your position.”

Listen to it here and enjoy.

Tip of the old scrub brush to Texas Freedom Network’s emails — probably on the blog sometime soon.

Yes, I read Posner despite his errors, getting hoaxed by the DDT/Rachel Carson hoaxsters. That just indicates the danger of the hoax and the need to correct it and stamp it out.

More:


Quote of the moment: Frankfurter, on due process

July 9, 2014

Supreme Court Justice Felix Frankfurter, The Collection of the Supreme Court of the United States (Artist: Gardener Cox).  Born Vienna, Austria, 1894. Died 1965.

Supreme Court Justice Felix Frankfurter, The Collection of the Supreme Court of the United States (Artist: Gardener Cox). Born Vienna, Austria, 1894. Died 1965. Associate Justice, 1939-1962

It is now the settled doctrine of this Court that the Due Process Clause embodies a system of rights based on moral principles so deeply imbedded in the traditions and feelings of our people as to be deemed fundamental to a civilized society as conceived by our whole history. Due Process is that which comports with the deepest notions of what is fair and right and just.

♦  Justice Felix Franfurter, dissenting in
Solesbee v. Balkcom, 339 U.S. 9, 16 (1950)


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