June 2014 archive

On This Day In History June 30

Cross posted from The Stars Hollow Gazette

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

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

Click on images to enlarge.

June 30 is the 181st day of the year(182nd in leap years) in the Gregorian calendar. There are 184 days remaining until the end of the year.

On this day in 1986, the U.S. Supreme Court rules in Bowers v. Hardwick that states can outlaw homosexual acts between consenting adults.

Bowers v. Hardwick, upheld the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court directly overruled the decision in Lawrence v. Texas (2003), and held that such laws are unconstitutional. In overruling Bowers v. Hardwick, the 2003 Court stated that “Bowers was not correct when it was decided, and it is not correct today.”

Concurrences and dissents

The short concurring opinion by Chief Justice Warren E. Burger emphasized historical negative attitudes toward homosexual sex, quoting Sir William Blackstone‘s characterization of sodomy as “a crime not fit to be named.” Burger concluded, “To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.”

Opponents of sodomy laws criticized Bowers not only for its result but also because of the Court’s dismissive treatment of the liberty and privacy interests of gay men and lesbians. A sharply worded dissenting opinion by Justice Harry Blackmun attacked the majority opinion as having an “almost obsessive focus on homosexual activity.” Justice Blackmun suggested that “(o)nly the most willful blindness could obscure the fact that sexual intimacy is ‘a sensitive, key relationship of human existence, central to family life, community welfare, and the development of human personality.'” (Ironically quoting from the opinion by Chief Justice Burger in Paris Adult Theatre I v. Slaton which held that obscene films are not constitutionally protected)

Blackmun revealed in a 1995 oral history with Harold Koh that his dissent in Bowers v. Hardwick was written primarily by openly gay Pam Karlan (then a law clerk for Blackmun, and now professor of law at Stanford Law School). Blackmun said of the dissent; “[K]arlan did a lot of very effective writing, and I owe a lot to her and her ability in getting that dissent out. She felt very strongly about it, and I think is correct in her approach to it. I think the dissent is correct.”

Lewis Powell was considered the deciding vote during the case. He had initially voted to strike down the law but changed his mind after a few days. In a concurring opinion, Powell voiced doubts about the compatibility of Georgia’s law with the Eighth Amendment as it related to the prison sentence for conviction, but joined the majority opinion upholding the law against a substantive due process attack. It has been argued that Powell’s decision to uphold the law was influenced by the fact that he believed he had never known any homosexuals, unaware that one of his own law clerks was gay. In 1990, three years after retiring from the Court, Powell told a group of New York University law students that he considered his opinion in Bowers was an error. “I do think it was inconsistent in a general way with Roe. When I had the opportunity to reread the opinions a few months later I thought the dissent had the better of the arguments.” However, Powell believed that the case was one of little importance and spent only thirty minutes thinking about it.

Aftermath

Bowers was decided at a time when the court’s privacy jurisprudence, and in particular the right to abortion recognized in Roe v. Wade, 410 U.S. 113 (1973), had come under heavy criticism and was in doubt. In this historical context, Bowers signaled a reluctance by the then-members of the Court to recognize a general constitutional right to privacy or to extend such a right further than they already had.

State sodomy laws were seldom enforced against private consensual conduct in the decades following the decision, but the Bowers decision was frequently cited in opposition to gay rights programs. The Georgia law upheld in Bowers forbade oral sex and anal sex whether engaged in by people of the same sex or different sexes, but Justice White’s decision was restricted to homosexual sex. “The only claim properly before the Court, therefore, is Hardwick’s challenge to the Georgia statute as applied to consensual homosexual sodomy. We express no opinion on the constitutionality of the Georgia statute as applied to other acts of sodomy.”

In the years after Bowers was decided, several state legislatures repealed their sodomy laws. In addition, a number of state courts invalidated sodomy laws under privacy or other provisions of their state constitutions. The same sodomy law that was upheld in Bowers was struck down by the Georgia Supreme Court under the Georgia state constitution in the case of Powell v. State, 270 Ga. 327 (1998).

The remaining state sodomy laws in the U.S. were invalidated, insofar as they applied to private consensual conduct among adults, in the Supreme Court case of Lawrence v. Texas 539 U.S. 558 (2003). Justice Anthony Kennedy wrote the majority opinion in Lawrence, ruling that Texas’ state sodomy law was unconstitutional under the Fourteenth Amendment’s due process clause (adult consensual sexual intimacy in ones’ home is a vital interest in liberty and privacy protected by the Due Process Clause). Lawrence explicitly overturned Bowers, with Kennedy writing “Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.”

Cartnoon

Muse in the Morning

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So many colors in the flower and I see every one

Late Night Karaoke

Sunday Movie Showcase

Three Un-related matters

Florida Makes Off-Grid Living Illegal

It’s no secret that an opposition to sustainable living exists. Earlier this year, Texas state brought several SWAT teams to a sustainable community and threatened to shut it down. Each one of the community members were initially handcuffed at gunpoint. It was called “The Garden of Eden Community,” and was totally self sustainable. You can read more about that here.

This time, it’s Robin Speronis that’s come under fire. She lives off the grid in Florida, completely independent of the city’s water and electric system. A few weeks ago, officials ruled her off-grid home illegal. Officials cited the International Property Maintenance Code, which mandates that homes be connected to an electricity grid and a running water source. That’s just like saying our dependency on corporations isn’t even a choice. The battle to live without most utilities has been ongoing for Robin, the self-sufficient woman has lived for more than a year and a half using solar energy, a propane camping stove and rain water.

This Trucker Pulls Over a Cop for Speeding

Trucker Brian Miner was driving through Illinois this week when he says he saw an officer of the law pass him traveling well over the posted speed limit.

He says that the officer was on his cellphone as well.

Mr. Miner, like most of us does not like the above the law, double-standard of police, so he took action by honking his horn to pull the officer over.

A money making opportunity

The UK is facing a major sperm shortage that may be tempting fertility clinics to accept poorer quality sperm, the British Fertility Society (BFS) warns.

Some clinics rely on imported sperm to keep up with demand.

However, the BFS chairman, Dr Allan Pacey, said he was “worried” that some clinics may be setting a lower bar to “get donors through the door”.

Anti-Capitalist Meetup: Laissez Fairyland – making the intangible less tangential by Annieli

Here we present a simple solution to see that a fad is the result of the same type of behavior that causes any other good to be purchased. It is the characteristic of the good, and the interaction of the various agents with their neighbors that causes the peculiar pattern of behavior that is called fad.

Is Reaganism such a good and as a commodity is its commodity fetishism available for analysis beyond its intangible assets. Yet Reaganism is tangible and attempts to memorialize the commodity extend materially far beyond the cinematic and the televisual nature of the Great Communicator. The fad of VooDoo(sic) Economics is a useful example of how to discuss intangible assets as forms of virtual capital. The production and reproduction of the Reaganist myth is its own market. Its production of character/reputation and trust/reciprocity is of course legendary and its diffusion to the North American form of teabaggery continues with the institutional support of right-wing venture capital like the Kochs.

In the United States, commentators frequently equate supply-side economics with Reaganomics. The fiscal policies of Ronald Reagan were largely based on supply-side economics. During Reagan’s 1980 presidential campaign, the key economic concern was double digit inflation, which Reagan described as “Too many dollars chasing too few goods”, but rather than the usual dose of tight money, recession and layoffs, with their consequent loss of production and wealth, he promised a gradual and painless way to fight inflation by “producing our way out of it”.

An example of fad economics occurred in 1980, when a small group of economists advised Presidential candidate, Ronald Reagan, that an across-the-board cut in income tax rates would raise tax revenue. They argued that if people could keep a higher fraction of their income, people would work harder to earn more income. Even though tax rates would be lower, income would rise by so much, they claimed, that tax revenues would rise. Almost all professional economists, including most of those who supported Reagan’s proposal to cut taxes, viewed this outcome as far too optimistic. Lower tax rates might encourage people to work harder and this extra effort would offset the direct effects of lower tax rates to some extent, but there was no credible evidence that work effort would rise by enough to cause tax revenues to rise in the face of lower tax rates. … People on fad diets put their health at risk but rarely achieve the permanent weight loss they desire. Similarly, when politicians rely on the advice of charlatans and cranks, they rarely get the desirable results they anticipate. After Reagan’s election, Congress passed the cut in tax rates that Reagan advocated, but the tax cut did not cause tax revenues to rise.

As against this, the commodity-form, and the value-relation of the products of labour within which it appears, have absolutely no connection with the physical nature of the commodity and the material relations arising out of this. It is nothing but the definite social relation between men themselves which assumes here, for them, the fantastic form of a relation between things. In order, therefore, to find an analogy we must take flight into the misty realm of religion. There the products of the human brain appear as autonomous figures endowed with a life of their own, which enter into relations both with each other and with the human race. So it is in the world of commodities with the products of men’s hands. I call this the fetishism which attaches itself to the products of labour as soon as they are produced as commodities, and is therefore inseparable from the production of commodities.

– Karl Marx, Capital, Volume I

As one can perhaps see, the transgressive role of the State in the struggle among classes will become the key problem for making this critique work as will the impending institutional arrangements making that State ubiquitous and global.

“”In this present crisis, government is not the solution to our problem; government is the problem.

-Ronald Reagan

Reaganism was a political perspective in the United States based on a friendly-seeming, grandfatherly-type ex-actor telling us that government could do no good, and then proceeding to become the head of the executive branch of the United States government, drastically expanding the public debt as he saw fit. Why anyone believed it is beyond us.

Prominent lies promoted by Mr. Reagan include:

The “free market” is always more efficient than the government at providing solutions to problems. (See universal health care)

The “government” is incapable of solving a country’s problems (See Hurricane Katrina)

Some woman somewhere on welfare had a Cadillac and a color TV. (He made this up).

Hardworking blue collar Americans should hate suffering poor Americans for eating their tax dollars instead of working their asses off for giant corporations themselves. (See trade union)

The “rich” are a beleaguered and overtaxed suffering demographic. (Who pay well for political campaigns!)

In Britain, there was a very similar political movement referred to as “Thatcherism,” named for the Iron Lady who advocated the same principles. The impact of this was slightly less than that of the States.

In Marxist philosophy, however, the term Cultural Hegemony describes the domination of a culturally diverse society by the ruling class, who manipulate the culture of the society – the beliefs, explanations, perceptions, values, and mores – so that their ruling-class worldview becomes the worldview that is imposed and accepted as the cultural norm; as the universally valid dominant ideology that justifies the social, political, and economic status quo as natural, inevitable, perpetual and beneficial for everyone, rather than as artificial social constructs that benefit only the ruling class

WASHINGTON, DC - MARCH 24, 2012:  Carlene Cahill of Petersburg, Virginia, holds up a set of signs she made during a Tea Party Patriots'

                    We live in a Tea (Party) service economy

The embodiment of those social constructs in the past decade are our pseudo-revolutionary objects of derision and humor, the teabaggers (aka Tea Party patriots and its libertarian factions). Cultural work has been often times difficult for many since its socially embodied labor derives from a multitude of divisions as well as a variety of controversies often dialectically dichotomous and intellectually challenging: for example cultural studies versus political economy approaches to critical theory. This is too small a space to solve the problem (it can be solved) but to point to some rudimentary examples like the personality Cult of Reagan to show the need for ecumenical approaches to critical analysis.

Come below the fold to see if we can’t disentangle the whole mess:

OCTOBER 27, 1980 More than two dozen papers drop Trudeau’s comic strip Doonesbury “The Mysterious World of Reagan’s Brain,” a week-long sequence that runs on the eve of the 1980 election. One of those papers, The Indianapolis Star, receives 850 calls of protest before it agrees to reinstate the strip.

Jon Stewart – Mess O’Potamia

Adapted from Rant of the Week from The Stars Hollow Gazette

Mess O’Potamia – Now That’s What I Call Being Completely F**king Wrong About Iraq

The Double Standard of “Castle Doctrine” and “Stand Your Ground”

So-called “castle doctrine” and “stand your ground” laws, better labeled “shoot Black and Brown people with virtual impunity”, have always been inherently contradictory, because their application is decided not by rational, objective, independent arbitors of justice, but by white supremacists in what passes for America’s legal system.

Consider the most recent example:  A S.W.A.T. officer was shot and killed during a so-called “no-knock” raid in Texas in which officers failed to identify themselves to their intended target, one Marvin Guy, aged fifty.  Guy apparently heard commotion outside his window in the dead of night and, as is allowed for white people in most states, but almost never Black and Brown people, shot first and asked questions later.  Detective Charles Dinwiddie took one to the face and died two days later of his injuries.  Mr. Guy has been charged with three counts of attempted capital murder, and sits in prison with a three million dollar bond, a ridiculously high amount he cannot possibly pay in order to secure his release from prison while he awaits his trial.

By contrast, a Texas white man will not face charges for killing a police officer.  Henry Magee was asleep in his home at night when, similarly to Marvin Guy’s case, police decided to conduct a no-knock raid.  Magee, like Guy, did not wait before firing at who he thought were intruders breaking and entering his home.  Police sergeant Adam Sowders was killed.

Unlike Marvin Guy, however, Henry Magee will not face charges.  His status as a white man entitles him to virtual immunity from prosecution for the same act for which Marvin Guy now faces three counts of attempted murder – an offense that, if he is convicted, could net him the death penalty or life in prison.

In that regard, Magee enjoys some rather dubious company: George Zimmerman, who got away with the murder of Trayvon Martin, an unarmed teenager, in Florida, Joe Horn, a Texas boy who shot and killed two unarmed would-be robbers as they fled from a neighbor’s home, and Michael Dunn, who murdered unarmed teen Jordan Davis in a confrontation over loud music and escaped a murder conviction (and has yet to be sentenced for his attempted murder verdict).

In all the cases mentioned above, the victims were Black or Hispanic, and the shooters were white*.

Similar to Marvin Guy, Marissa Alexander, a Black woman, was convicted and sentenced to twenty years in prison in Florida for firing a warning shot to ward off an assailant, her ex-husband, who was trying to beat her up.  That case has, thankfully, prompted a new trial and a temporary release, and her attorneys are seeking to have the conviction overturned. Since then, Florida has extended its “stand your ground” law to include warning shots, but this is an illusory “reform” at best, because the hideous and racist double standards remain untouched.  White folk are still free to shoot unarmed Black and Brown people with almost no consequences, if any at all, while Black and Brown people face prison for defending themselves.

Such a double standard is reminiscent of the Jim Crow era, where in spite of slavery having officially ended in the South, Blacks nevertheless continued to be subjugated, attacked, and murdered by whites at their whim, with no punishment for the perpetrators.  Sadly, the era of New Jim Crow ensures that such terrorism against minorities will continue unabated, unless something is finally done about it.

*:Zimmerman is, according to some sources, half white and half Latino, but his treatment is indicative of the preferential variety traditionally given to white criminals compared to Black and Hispanic suspects.

The Breakfast Club: 6-30-2014

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Everyone’s welcome here, no special handshake required. Just check your meta at the door.

Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

breakfast beers photo breakfastbeers.jpg

This Day in History

The Breakfast Club (Make Your Own Fun Sunday)

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

The Breakfast Club Logo photo BeerBreakfast_web_zps5485351c.png

Below the fold may be a bit abbreviated or, quite possibly, this may be the WISYWIG Edition of TBC. I’m unexpectedly on the road this weekend, so blogging is spotty at best. Have Fun.

This Day in History

Breakfast Tunes

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