Warm Southern Breeze

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Posts Tagged ‘U.S. Supreme Court’

“My most fervent wish is that I will not be replaced until a new president is installed.” – Ruth Bader Ginsburg, SCOTUS Justice

Posted by Warm Southern Breeze on Friday, September 18, 2020

Supreme Court Justice Ruth Bader Ginsburg (1933-2020), aka “The Notorious R.B.G.,” has died.

https://www.npr.org/2020/09/18/100306972/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87

May she rest in peace, and her memory be blessed.

Supreme Court Justice Ruth Bader Ginsburg (1933-2020)


Now, on to the matter at hand.

It’s time to study history once again.

The so-called “McConnell Rule,” which was actually no rule at all, but a political ploy by the Republican Senate Majority Leader from Kentucky, should be considered.

After all, turn about it fair play, and paybacks are hell.

But, before we continue in detail, NPR, which first reported the story of Justice Ginsburg’s death, wrote this:

“Just days before her death,
as her strength waned,
Ginsburg dictated this statement to her granddaughter Clara Spera:

“My most fervent wish is that I will not be replaced until a new president is installed.”

Justice Ginsburg was referring to comments that McConnell made following the unexpected death of SCOTUS Justice Antonin Scalia, while on a hunting trip in Texas on February 13, 2016.

And I mean to refer specifically to those comments.

Scalia’s body wasn’t even proverbially cold yet, and preparations for disposition of his mortal remains, and burial hadn’t even begun to be made, and the noxious Senator from Kentucky was already shooting off his mouth. Read the rest of this entry »

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Size Matters: Neither The Congress Nor The Supreme Court Are Big Enough

Posted by Warm Southern Breeze on Saturday, September 22, 2018

Should we, as reasonable people, expect the size of our Congress – specifically, the House of Representatives – to be permanently fixed at 435 members, and never increase representation according to an increase in population? And with regard to the the Supreme Court, should only 5 people decide the fate of a nation, why not a few more, like 13 or 17?

What if I told you Congress needed about 1000 MORE Members of the House of Representatives? And, what if I told you the United States Supreme Court needs to have AT LEAST 13 Justices, and that THEY should choose from AMONG THEMSELVES the Chief Justice?

You don’t wear the same size clothing you did when you were aged 10, 15, or even 25. The People’s representation in our nation’s governance needs also needs to be properly fitted.

Having MORE Representatives would NOT cause “more logjam politics,” nor would it cause corruption, but instead, would significantly increase efficiency -and- the ease with which laws would get passed, and bad or old laws get eliminated or changed. Criminality is most often done in secret by a few. Rarely is criminal activity, even in organized crime, ever on a large scale like an army invasion. It’s always a little thing, like guerilla warfare. There were only 7 co-conspirators with President Richard M. Nixon in the criminal Watergate break-in, burglary, wiretapping, attempted cover-up, and resulting scandal. The pace at which our government moves is not merely unresponsively sluggish, it is deliberately and negligently slothful. It is being reasonably asked to do things we tell it to do, and in the process, being denied the resources – money, personnel, and time – necessary to perform those tasks. Government can, and should move much more quickly. And historically, it has.

Think of it this way:
You have three dogs, and one chicken bone. Throw it down and watch them fight.
You get two more chicken bones, and each dog has one. Problem solved.

Some would raise the matter of Constitutional interpretation in opposition to the idea, and think we should hold to a strict Constitutional interpretation – whatever “strict” is, or means – and it typically means that the modern thinkers imagine they can, and therefore attempt to conjure up a mind-reading session to interpret what the framers of the Constitution intended or hoped… even though they’ve been long dead. Sure, they gave us the Constitution, along with a means and method of updating it, which itself means that it’s not static, and can be changed. And it has been changed many times since its inception. It is a living document, not a dead one into which we attempt to blow the breath of life. It lives still.

Some think we can interpret the Constitution according to our unique needs, which the original framers could not have begun to fathom. And the fact is, that’s what we’ve always done. At least until the last 50 years, or so, until the time which gradually, the specious notion that smaller is better crept in under cover of negligence, and “downsizing” became part of the popular corporate and political vernacular. In effect, such talk is discussion is only about inefficiency, and how they have not effectively used the resources they have, nor planned appropriately.

There is no doubt that the framers of our Constitution could never have imagined that man would walk on the moon, that geosynchronous orbiting and interplanetary traveling satellites would tell us about our precise location on Earth, and our solar system, and that more than twice the computing power of history’s largest space rocket (Apollo V) could fit in your shirt pocket, or that our union would have well over 330,000,000 residents.

Button Gwinnett (1735–1777 was the first signer of the Constitution, and was later, briefly the Governor of Georgia.

And it goes without saying that Button Gwinnett, Samuel Adams, John Hancock, James Madison, George Washington, and others in their era, had no idea about antibiotics; they had no inkling that magnetic fields could peer deeply inside the human body to detect disorder; that dental implants and multi-organ transplants would exist; or that we would send a telescope to orbit our planet and peer deeply into the cosmos to see star systems hundreds of billions of light-years away -and- then replace it with an even better, significantly improved, more perfect one to see into the edges of the time -and- send a satellite hurtling toward the sun to learn more about the blazing fiery hydrogen fusion orb which is the center of our universe.

Artist’s 2009 rendering of the James Webb Space Telescope, which will replace the Hubble Space Telescope.

None of those things and more which we daily take for granted – such as GPS on smartphones – could have ever been imagined by our Founding Fathers… or their mothers, or children, and never were.

We are as different, and our needs are as immensely diverse from our nation’s founders as night is from day, and there is no reason why we should not “update” our government according to the manner for which it is prescribed.

In 2019, we have more patents, more copyrights, more inventions, more discoveries, more science, more creative works of myriad kind, and – of course – many, many, many, more people. Many!

If it was anything, it was but a pipe dream that one day, unmanned remote control aircraft could be silently flown around the world, eavesdrop on conversations, take pictures in the dark to deploy guided missiles, drop bombs, and kill people… and that we, on the opposite side of the globe, could watch it unfold live, as it happened, as if it were macabre modern gladiatorial entertainment.

Portrait of Robert Boyle (1627-1691), by German painter John Kerseboom (d.1708), which is publicly displayed at Gawthorpe Hall, in England.

In the age and era of the founding of our nation, the concept of microscopy and the cell theory was relatively new. Robert Hooke, considered the “father of microscopy” had just discovered cells in 1665, and Robert Boyle (Boyle’s Law) were contemporaries in 1662, while Sir Isaac Newton died in 1727 – a mere 60 years before our Constitution was written.

Benjamin Franklin didn’t publish his most famous experiment which used lightning and a kite to prove that lightning was electricity until 1750; Orville and Wilbur Wright didn’t get off the ground at Kitty Hawk until 1903; Alexander Fleming discovered the first antibiotic – penicillin – in 1928; and the planet Pluto wasn’t discovered until 1930!

We’re talking about 242 years ago, “when giants and dinosaurs roamed the Earth.”

In a way, our nation’s founders were giants, and yet, in another way, they were dinosaurs who could fathom no idea – not even a minuscule hint – and because of it, were literally clueless about the greatness that America would become.

To give them their due, however, their curiosity and liberality served them well then, and it serves us well now. Our form of government is, in the history of humanity, among the shortest-lived, but the most remarkable, and successful.

Congressional Coffee Hour (Senate). 2 May 1961, Blue Room, White House, Washington, D.C.; L-R: Senator Quentin Northrup Burdick-D, North Dakota (1908-1992); Senator Wayne Lyman Morse-D, Oregon (1900-1974); President John Fitzgerald Kennedy-D (1917-1963); Senator Thomas Henry Kuchel-R, California (1910-1994); Senator Hubert Horatio Humphrey-D, Minnesota (1911-1978); Senator Roman Lee Hruska-R, Nebraska (1904-1999); From the JFK Library; Photographer: Robert LeRoy Knudsen, (1929-1989)

In a sense, though while Greeks and Romans were inspirations, Americans perfected the three-branch bicameral democratic republic form of government. And we’re still perfecting it today. It’s part and parcel of that “in order to form a more perfect union” thing.

So, now it comes time to mention the obvious: While some loudly say government is too large, others say it is way too small to be either efficient or effective. I am among those in the latter camp, and will show and explain why as follows.

First, it’s preposterously absurd to imagine that a foundling nation with a total population which was then less than half the size that New York City is now, would, could, or should have a smaller government as it grew and matured. In the same way, no one wears the clothes they did as a 10-year-old child, and as adults, they purchase and/or make larger garments to suit their needs and wants. Similarly, no one should expect government to decrease in size.

More than anything, these matters speak directly to efficiency and effectiveness of government, which our nation’s founders also understood very well, which is also why 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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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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Gerald Dial, Alabama State Senator, Wa$te$ Taxpayers’ Time & Money Writing Religious Law, Readying Federal Fight

Posted by Warm Southern Breeze on Sunday, March 11, 2012

Some folks just want to “out-Jesus” each other.

It’s as if they attempt to demonstrate by their actions that they love Jesus more than someone else… especially and particularly if they make efforts in the public square.

Christ called such behavior a type of hypocrisy, warning that such prayers were already answered – but not by the Almighty, but rather by humans – because that’s who they chose to pray to. “And when you pray, be not like the pretenders who like to stand in the synagogues and in the corners of the streets to pray, that they may be seen by the children of men, and truly I say to you, they have received their reward.

Truly, I say to you, dear reader, this type behavior disgusts me more than I have words adequate to describe.

Not only that, but the ninnies and nincompoops demonstrate that they have absolutely nothing better to do, and are not about the people’s business, but rather are about their own private agenda. They’re wasting time and money on worthless things. They’re neither visionary, nor reactionary.

They’re just plain, old, STUPID.

Every damn one of ’em.

Besides, if I wanted live under some religious law, I’d move to a country where that crap went on.

Idiots all.

It’s time Alabama voters had a recall law, because many of ’em would be. At the very least, we should place term limitations upon them, just like we did upon the office of the governor.

Supporters say proposal could allow Ten Commandments to be displayed on state property

Published: Tuesday, March 06, 2012, 5:35 PM     Updated: Tuesday, March 06, 2012, 6:12 PM

MONTGOMERY, Alabama — Some state senators said a bill passed by a Senate committee today would change Alabama’s constitution to say, in effect, that Read the rest of this entry »

Posted in - My Hometown is the sweetest place I know, - Politics... that "dirty" little "game" that first begins in the home., - Read 'em and weep: The Daily News | Tagged: , , , , , , , , , , , , , , , , , , | Leave a Comment »

 
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