Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘law’

A Simple Solution to America’s Gun & Mass Shooting Problems

Posted by Warm Southern Breeze on Thursday, August 27, 2015

MAC M11 32cap mag & supressor

The Ingram MAC-11 (Military Armament Corporation Model 11), a defunct American small arms manufacturer, made this subcompact machine pistol developed during the 1970s. Shown here with 32-round capacity magazine, and suppressor.
Weight: 1.59 kg (3.50 lbs)
Length: 248 mm (9.76 in/20.90 in)
Barrel length: 129 mm
Cartridge: .380 ACP
Caliber: 9mm
Action: Straight Blowback
Rate of fire: 1200 /min
Muzzle velocity: 980 ft/s
Effective firing range: 50 m

There’s little debate of any significance about the problem of firearms in the hands of those who use them to commit heinous acts. This year alone, to date (as of this entry 27 August, the 239th day of 2015) there have been there have been:
248 Mass Shootings, with
313 Dead &
926 Wounded.

One only need type in ‘mass shootings’ in any search engine to find literally thousands upon thousands of news items, complete with details about this uniquely American problem. There is, however, significant and legitimate debate about how to ameliorate and stem the growing problem.

Some say no laws are needed, that LEOs (Law Enforcement Officers) need to enforce current laws. Others say outlaw guns completely. Somewhere, there is a “happy middle ground” of compromise to be found that protects our law-abiding citizens’ 2d Amendment Rights, and protects the innocent from miscreant would-be murderers and assailants.

I have a rather simple solution
to the

gun / mass shooting problem.

Read the rest of this entry »

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Strain A Gnat, Swallow A Camel: How the Church has ignored Christian Principles to their peril

Posted by Warm Southern Breeze on Thursday, August 20, 2015

In 9 Sins the Church Is Okay With, Frank Powell asks “Are we changing the Bible to fit our culture or are we changing our culture to fit the Bible?”

“What if the big sins, you know the ones you try hardest to avoid, aren’t the greatest threat to your joy and the church’s mission?

“Maybe it’s the sins lying underneath, the ones considered normal or acceptable, the ones going undetected, that are affecting the church the most.”

His questions are, of course, spot on.

In fact, one could hardly argue with the evidence which consists of vast, tax-free empires built upon the backs of the faithful by the likes of:
Joel Osteen (USA) Net Worth $40 Million;
Robert Tilton (USA) Net Worth $830 Million;
Benny Hinn (USA) Net Worth $42 Million;
Joyce Meyer (USA) Net Worth $8 Million;
Kenneth Copeland (USA) Net Worth UNKNOWN (has claimed he’s a billionaire, no such public records exist documenting his claim);
Creflo Dollar (USA) Net Worth $27 Million;
Eddie Long (USA) Net Worth $5 Million;
Randy & Paula White (USA) Net Worth $2 Million;
Joseph Prince (Singapore) Net Worth $5 Million;
Chris Okotie (Nigeria) Net Worth $10 Million;
Matthew Ashimolowo of Nigeria Net Worth $10 Million;
T.B. Joshua (Nigeria) Net Worth $15 Million;
T. D. Jakes (USA) Net Worth $18 Million;
Paul (late) & Jan Crouch (USA) Net Worth (estimated TBN $1 Billion+);
Chris Oyakhilome (Nigeria) Net Worth $50 Million;
David Oyedepo (Nigeria) Net worth: $150 Million.

Obviously, their “prosperity gospel” message is working quite well for them.

For others, no so much.

And that’d probably cover Avarice, Hubris, and Boasting – or, if you prefer, Greed, Extravagance, and Pride.

But there again, our nation’s laws actually encourage greed through religion by not taxing churches. In fact, John Oliver recently pointed out that “U.S. tax law allows television preachers to get away with Read the rest of this entry »

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Alpha Phi Recruiting Video In Alabama Sets Off Firestorm Of Criticism

Posted by Warm Southern Breeze on Wednesday, August 19, 2015

The Alpha Phi Sorority at the University of Alabama in Tuscaloosa has come under intense scrutiny recently after a 4 minute “recruiting” video was released on YouTube and promoted through other Social Media (SoMe) venues and sites.

Controversy erupted following publication of an OpEd entitled “‘Bama sorority video worse for women than Donald Trump,” on the AL dot com website by A.L. Bailey.

News of the wretched video quickly went “viral,” and made national and international news in numerous news outlets, from television, to radio, and the Internet.

A.L. Bailey was recently interviewed by representatives from the Alabama Media Group division of Advance Publications and a condensed version of the hour-long interview was published on their website AL dot com.

The video, which was quickly removed after having been posted (though once posted on the Internet, nothing really ever “disappears”), according to some sources, had at least 500,000 views in the day or two in which it was first available.

Following is commentary of a D.C.-based attorney friend and native Southerner whom viewed it, along with the video following the commentary.

This is at once an impressive and an appalling intro to one of those ugly interracial porn videos. At first you think it might actually be a genuine recruiting video for the University of Alabama chapter of the Alpha Phi sorority. There is a clever use of Read the rest of this entry »

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Study: Cannabis Legalization Does Not Increase Underage Use

Posted by Warm Southern Breeze on Tuesday, July 21, 2015

Consumption Of Marijuana With Respect To The Passage Of Respective State Medical Marijuana Laws

The Lancet Psychiatry – Jul 20, 2015

    The Passage Of Medical Marijuana Laws Could Improvise Medical Usage Of Marijuana, With Due Investigation

 

Background

 Adolescent use of marijuana is associated with adverse later effects, so the identification of factors underlying adolescent use is of substantial public health importance. The relationship between US state laws that permit marijuana for medical purposes and adolescent marijuana use has been controversial. Such laws could convey a message about marijuana acceptability that increases its use soon after passage, even if implementation is delayed or the law narrowly restricts its use. We used 24 years of national data from the USA to examine the relationship between state medical marijuana laws and adolescent use of marijuana.

Methods

Using a multistage, random-sampling design with Read the rest of this entry »

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Sodomy: A prime example of what’s wrong with #ALpolitics

Posted by Warm Southern Breeze on Sunday, July 12, 2015

A dear friend who is a long-time retiree, aged 78 years, entire subsistence is from a meager pension (earned from a lifetime of work in a unionized organization), supplemented with a paltry Social Security check.

She’s lived through breast cancer surgery (mastectomy) & reconstruction, other major surgeries (knee replacements) and procedures, and lives in a trailer which she owns, situated upon a lot which she rents. She has resided there many, many years.

To save money, she recently Read the rest of this entry »

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Here’s Why People Should Be Like Dogs

Posted by Warm Southern Breeze on Saturday, June 27, 2015

My puppy loves me.

I love my puppy.

I don’t want to marry my puppy.

My puppy is spayed.

My puppy could probably care less about mating.

I feed my puppy quite well.

My puppy loves me.

My puppy walks alongside me off lead.

I don’t want to marry my puppy.

No one in Alabama has EVER been forced to marry anyone.

Anyone who says otherwise is Read the rest of this entry »

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Alabama State Senator Larry Stutts sued for malpractice… again

Posted by Warm Southern Breeze on Saturday, June 13, 2015

Alabama State Senator Larry Stutts has once again been named in another malpractice lawsuit in which a patient of his retained placental tissue, and suffered excessive bleeding following delivery of her baby.

The new case is oddly reminiscent of an older case in which Stutts was named defendant, in which his patient retained placental tissue and suffered excessive bleeding, and later died. The new case’s Plaintiff, Greta C. Cooper, did not die.

Read the PDF file of the 2015 Lawsuit against state Sen Larry Stutts

The suit alleges, among other things, that Stutts failed to order powerful antibiotics to be administered EXCLUSIVELY by Licensed Professional Nurses, and that two RNs with Gentiva Home Health Services in Russellville, Alabama, then taught the Plaintiff’s husband how to administer the medication, and that as a result of his failure to properly order, blood levels of the medication were also not taken which resulted in overdose toxicity.

Dr. Larry Stutts, DVM, MD (R), who was first a veterinarian, then became an Obstetrician/Gynecologist (OBGYN), upset 32-year veteran Alabama Senate District 6 State Senator Roger Bedford (D) by 67 votes in the 2014 November General Election. Stutts is also president of Colbert Obstetrics and Gynecology, PC (his private medical practice), located at 1120 S Jackson Hwy #104, Sheffield, AL 35660, (256) 386-0855.

Alabama District 6 State Senator Dr. Larry Stutts, DVM, MD

Alabama District 6 State Senator Dr. Larry Stutts, DVM, MD

Alabama State Senate District 6 encompasses all of Franklin County, and portions of Colbert, Marion, Lauderdale and Lawrence Counties in NW Alabama.

Interestingly, Sutts wasn’t the GOP’s original candidate for the Senate District 6 race. Jerry Mays was the original GOP candidate, but dropped out of the primary. In response to Mays’ decision, on March 20, 2014, State Republican Party Chairman Bill Armistead announced that the Alabama Republican Party Candidate Committee had met and named Larry Stutts, who resides in Tuscumbia, to replace Mays candidacy. Stutts had never been in any elected political office.

Stutts is the same physician who was years earlier named in another lawsuit in which his patient Rose Church – a newlywed, and healthy 36-year-old Registered Nurse – died, which in turn, Read the rest of this entry »

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Science Versus Science Fiction In Alabama Education

Posted by Warm Southern Breeze on Thursday, May 7, 2015

I find it strangely fascinating that so many are so fearful… particularly in the South, and in Alabama especially.

Two days ago many celebrated Cinco de Mayo – the 5th of May – by eating out at Mexican-themed restaurants, quaffing a few margaritas, or by making Mexican-styled eats at home. It’s a way, in part, to acknowledge solidarity with our Mexican brothers and sisters and commemorating Mexico’s 1862 victory over France at the Battle of Puebla during the Franco-Mexican War. A turning point in Mexican struggle for independence, the firefight pitted 2000 ragtag, poorly equipped Mexicans against 6000 well equipped, battle-tested French soldiers. By the time the French retreated from the all-day battle, 500 French, and 100 Mexican lives were lost.

Alabama State House, 11 South Union Street, Montgomery, Alabama

Alabama State House
11 South Union Street, Montgomery, AL

But May 5 also marks another significant event, largely unknown – and certainly unrecognized – by many, if not most.

On May 5, 1925 John T. Scopes was arrested in Tennessee for teaching Darwin’s Theory of Evolution.

It certainly seems Southerners have had it out for Science for quite some time.

Now, like hogs wallowing in mud, Alabama politicians want to meddle even more in the stinking pot of their own making by… well, here’s the news item: Read the rest of this entry »

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How Much Could Alabama Save By Not Paying Legislators?

Posted by Warm Southern Breeze on Thursday, April 30, 2015

UPDATE: Sunday, 14 June 2015 – Found following main body

Today (Thursday, 30 April 2015) the Alabama State Senate knocked off at 11:30, and reconvened 1PM. It’s also the final day of the Legislative Session for the week – they only work three days each week – Tuesday, Wednesday, and Thursday.

An hour and a half – that’s a nice, long lunch break for a wealthy man, a powerful man – not a working man. It’s pretty cushy for someone who works three days a week, only 30 days a year. Reckon how your boss would respond if you asked for a three-day work week and a 30-day work year?

How long do you get for lunch?

Most folks get 30 minutes.

The Alabama Senate gets THREE times longer than most working folks.

But then, excesses in Alabama state politics is nothing new.

Recall that – by law – the Alabama Legislature is limited to work <30 days/year (in a 105 day period) & for that privilege, citizens & taxpayers fork over $50K+/yr in pay & compensation to them – 35 in the Senate, and 105 in the House.
TOTAL=140 men (mostly) & women.

In stark contrast, New Mexico’s State Legislators are a Volunteer Legislature (they’re elected, yes, but unpaid), and during Session, by State Law receive a Daily Federal Per Diem, and Two-Way Mileage once during a session EXCLUSIVELY.

Legislative pay in Alabama has been a hot-button issue, particularly in recent years – and, it’s unnecessarily complicated. By State Constitutional Law, their “official” pay is Read the rest of this entry »

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Alabama Democrats Vote to Save Jobs: ABC Privatization Bill Dies in Senate Committee

Posted by Warm Southern Breeze on Wednesday, April 8, 2015

A bill by State Senator Arthur Orr (R-Decatur) to privatize the Alcoholic Beverage Control Board has died in the Senate Finance and Taxation General Fund Committee by a 7-6 vote along party lines, with one Republican voting ‘NO.’ The vote received applause from attendees.

A substitution bill presented by Orr would’ve changed the suspension penalty for Selling to Minors from one year to one week, and increased taxes, was also adopted along party line vote.
Orr said earlier that, “Part of our job is to downsize government,” and demanded a committee vote be taken on his bill today.

Alcoholic Beverage Control Board Administrator Mac Gipson testified that employees are paid from mark-ups from sales in the state’s 176 ABC stores. He also noted that by comparison, there are 587 private package stores in the state.

In Alabama, liquor is marked up at Read the rest of this entry »

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Alabama Governor Bentley signs Executive Order No.4 Creating Alabama Health Care Improvement Task Force

Posted by Warm Southern Breeze on Tuesday, April 7, 2015

Yesterday, Monday, April 6, 2015, Alabama Governor Robert J. Bentley, MD signed Executive Order No.4 creating a 38-member “Alabama Health Care Improvement Task Force.”

Though the unspoken ostensible purpose of the task force is to likely make recommendations to the Governor for the expansion of Medicaid in Alabama, it’s being couched to the less-than-observant (or less-than-smart, take your pick), as a home-grown alternative to the big bad wolf of D.C. known as “ObamaCare.”

Again, for the benefit of the uneducated, in addition to decreasing fraud, waste and abuse, increasing efficiency, eliminating discrimination against women, children & people with “pre-existing” conditions, mandating numerous improvements to the quality of the delivery of healthcare from all states in order to receive payment (performance-based payment), the Patient Protection and Affordable Care Act (sometimes abbreviated as ACA, though popularly known as “ObamaCare”), contains a provision encouraging (but not requiring – that decision was made the U.S. Supreme Court) the state’s governors to expand Medicaid for their impoverished residents. The law provides for 100% payment for so doing, then gradually declines to 90%.

Governors in Kentucky and Arkansas have decided to Expand Medicaid in their states, and are already enjoying savings.

Governors in Kentucky and Arkansas have decided to Expand Medicaid in their states, and are already enjoying savings.

Currently, Alabama’s matching portion (the %age it pays to purchase Medicaid) is 32.4%; so to expand Medicaid, and have it ALL paid for, and then to pay a LOWER rate than is presently being paid is one of the smartest fiscal decisions the state could make.

Already, the Governors of Kentucky and Arkansas – both well-known Republican strongholds, with opposition to the ACA – have expanded Medicaid in their states, and are already reaping the rewards.

Here’s a chart showing the compensation plan to the states: Read the rest of this entry »

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Canadian Born Texas Senator Ted Cruz: Eligible, Or Not For U.S. President? Experts: SCOTUS Ruling Required.

Posted by Warm Southern Breeze on Wednesday, March 25, 2015

Born in Canada to a Cuban father & American mother, Republican Presidential hopeful Senator Ted Cruz renounced his Canadian citizenship only last year (2014).

ref: http://www.scribd.com/doc/229039536/Canadian-Renunciation-Letter

To be certain, as a graduate of Princeton undergrad & Harvard Law, Ted Cruz is no dummy. So for him to assert he didn’t know he was a Canadian citizen is not merely disingenuous, it’s fallacious on its face. Plainly put, it’s a blatant lie.

ref: http://www.cnn.com/2014/06/11/politics/ted-cruz-canada-citizenship/
ref: http://www.dallasnews.com/news/politics/headlines/20130818-ted-cruz-born-a-citizen-of-canada-under-the-countrys-immigration-rules.ece

U.S. Department of State circular on United States citizenship

U.S. Department of State circular on United States citizenship

The U.S. Department of State specifically writes that citizenship via “jus sanguinis,” i.e., by bloodline, “is not Read the rest of this entry »

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Presidential Political Prophesy

Posted by Warm Southern Breeze on Thursday, March 12, 2015

As we wind down the final two years of President Barack Obama’s second term, speculation is arising concerning who will become the GOP’s Presidential nominee. At this point, there is much less speculation among Democrats about who will contend for the race, although Hillary Clinton does seem to be positioning herself early for a run at the Democratic party’s nomination.

Given the increasing inoperability of the radicalized GOP (even though they have wrested solid control of the House and Senate, but not enough to override a presidential veto), and their tendency toward government shutdown, brinksmanship, and extremism, some have said they would prefer to see a Democratic presidential successor, though there may be little evidence to support the notion such a thing will occur.

Some have said “That doesn’t help the Democrats” and that, “a Republican president doesn’t help anyone but corporations.” While there may be merit to both statements, it should be observed that a spirit of cooperation has become eroded to the point that there seems little chance that statesmanship and compromise for the good of the whole will occur… even given the Republican majority in the House and Senate. The radicalized GOP’s infighting even has Speaker Boehner up in arms, and not merely for his impotence and inability to control the party now hijacked by Right-Wing Extremists.

Which is where we begin the prophesy. Read the rest of this entry »

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Somebody’s Gonna’ Get Killed

Posted by Warm Southern Breeze on Thursday, February 5, 2015

It's NOT mere "courtesy," IT'S THE LAW!

It’s NOT mere “courtesy,”
IT’S THE LAW!

I was run off the road while riding my 10-speed bicycle.

It happened in a residential part of town, very near home, and upon one of the widest roads in town…

Capable of 4 lanes of 2-way traffic, with parallel parking along both sides, the road also ran adjacent the football stadium & high school.

I loved to ride my bicycle, and would do so almost daily, for at least five miles. And that was long before the song “Bicycle” by Queen was popularized. In fact, it was upon a “road bike” much like the ones seen in the video below.

Recollecting that Read the rest of this entry »

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Why Is Alabama Gasoline So Expensive?

Posted by Warm Southern Breeze on Monday, February 2, 2015

In a word, because of the state legislature.

Here’s an explanation.

In Alabama, an anti-competitive law prevents motorists from enjoying low gas prices.

In Alabama, an anti-competitive law prevents motorists from enjoying low gas prices. This is the price per gallon of a gallon of regular gas purchased at a Kroger Fuel Center in Texas, after using Kroger Fuel Discounts.

In Alabama, a law called the “Motor Fuel Marketing Act” (Code of Alabama §8-22) prevents retailers from selling gasoline (or any other motor fuel, such as diesel) for less than what it costs them to purchase it.

Specifically, the law reads in part, that:

Section 8-22-6

Certain below cost fuel sales prohibited.

It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons…”

In other words, it’s illegal to do that.

The marketing technique of retailing something for less than it costs to purchase it wholesale is called “low-price, or loss leader” and Read the rest of this entry »

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History Looks Forward: SCOTUS Chief Justice John G. Roberts Appointment No Accident

Posted by Warm Southern Breeze on Thursday, January 15, 2015

It wasn’t by accident that George W. Bush nominated John Roberts as SCOTUS Chief Justice, because he’s the SECOND YOUNGEST of ALL the Justices (Elena Kagan b.4/28/1960 is younger than John Roberts b.1/27/1955 by 5 years, 3 months, 3 days), and his influence could be felt for perhaps 40+ years. At his appointment, John G. Roberts was aged 48 years, only 4 years older than the First Chief Justice, John Jay (served 1789-1795), who was aged 44 years when he took the oath of office.

FYI, the youngest Associate Justice was Joseph Story (served 1811-1845), who was aged 32 years when he took the oath of office.

The longest serving Associate Justice was William O. Douglas who served 36 years, 7 months, and 8 days from 1939 to 1975.

The longest serving Chief Justice was Chief Justice John Marshall who served 34 years, 5 months and 11 days from 1801 to 1835.

The average number of years that Justices have served is 16.

However… the average tenure of a Supreme Court Justice from 1789 through 1970 was 14.9 years.

For those Justices who have Read the rest of this entry »

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Congressional Pay: Too Much, Too Little, or Just Right?

Posted by Warm Southern Breeze on Monday, July 7, 2014

Years ago, I said “build a Federal Barracks for members of Congress, and have them march to work.” I still think having modest Federal Housing for members of Congress is a good idea.

Regarding their level of pay/compensation, the article’s point – that D.C. is an expensive place to live – is well taken, and it is my considered opinion in light of that fact which gives further credence to the idea of modest Federal Housing for members of Congress. In fact, if their salaries were, by law, capped at twice the median American household income (which, according to the article is now approximately $51,000), it could be an even better idea.

And, the value of the housing they would receive from the Federal Government could also be be considered a type of income. Perhaps even they could be paid a Basic Allowance for Housing in a similar fashion to our military service members for such housing.¹ An apartment building complex would most likely be the best option for in-town accommodations, which could be convenient to their work location, and it could be jointly managed by the Department of Housing and Urban Development and the National Park Service.

However, with this present miasmatic congress, I hold out little hope for any such creative laws limiting congressional compensation, or introducing Federal Congressional Barracks/Housing to be introduced – though I believe it should be done, and is long overdue, along with Term Limitations. A total of 20 years elected federal service is long enough for anyone. Two terms in the Senate (12 years), and four terms in the House (8 years) should be enough for anyone, would reintroduce vibrancy into the process of national governance, and introduce more people to the process of elected public service.

Congressman’s Lament: $174,000 Isn’t Enough To Make Ends Meet

by Liz Halloran
April 04, 2014 3:05 PM ET

In what world does an annual salary of $174,000 meet the definition of underpaid?

That would be in the nation’s capital, where soon-to-be-retired Rep. Jim Moran, D-Va., said Americans should know that their members of Congress — as the board of directors for the “largest economic entity in the world” — are underpaid.

The longtime congressman made his comments Thursday after the House voted for the sixth straight year to deny members an automatic cost-of-living raise they’re entitled to under law.

Not surprisingly, reaction to Moran’s assertion was Read the rest of this entry »

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Here’s what the Hobby Lobby SCOTUS decision ~REALLY~ means

Posted by Warm Southern Breeze on Monday, June 30, 2014

In essence, here’s what today’s SCOTUS ruling in the Hobby Lobby case means:

We’re good with Sharia Law as long as it’s for business purposes.

Think about that next time someone’s favorite religious nut job goes to court.

Because of extremist, right-wing religious radicals, women are again being relegated to second class citizens, WITHOUT full rights and being further  victimized by having access denied to birth control/oral contraceptives – i.e., Ortho Novum 777, progesterone, estrogens, etc. – NOT abortion.

Those medications also treat other diseases exclusive to women, including polycystic ovarian disease, endometriosis, amenorrhea/ dysmenorrhea, etc.

The question before the court was this:

“At issue here are regulations promulgated by the Department of Health and Human Services (HHS) under the Patient Protection and Affordable Care Act of 2010 (ACA), which, as relevant here, requires specified employers’ group health plans to furnish “preventive care and screenings” for women without “any cost sharing requirements,” 42 U. S. C. §300gg–13(a)(4). Congress did not specify what types of preventive care must be covered; it authorized the Health Resources and Services Administration, a component of HHS, to decide.”

One’s private personal religious beliefs should never be on trial.

Yet now, because of extremist right-wing radicals, the door is now opened wide to mandate any employee of a “closely held” multi-national corporation, to FORCE them to adhere to THEIR religious beliefs… even when it jeopardizes their health.

Any well-read, well-studied Christian should be familiar with Read the rest of this entry »

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