Category: News

Cross posted from The Stars Hollow Gazette

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February 15 is the 46th day of the year in the Gregorian calendar. There are 319 days remaining until the end of the year (320 in leap years).

On this day in 1903, toy store owner and inventor Morris Michtom places two stuffed bears in his shop window, advertising them as Teddy bears. Michtom had earlier petitioned President Theodore Roosevelt for permission to use his nickname, Teddy. The president agreed and, before long, other toy manufacturers began turning out copies of Michtom’s stuffed bears, which soon became a national childhood institution.

The name Teddy Bear comes from former United States President Theodore Roosevelt, whose nickname was “Teddy”. The name originated from an incident on a bear-hunting trip in Mississippi in November 1902, to which Roosevelt was invited by Mississippi Governor Andrew H. Longino. There were several other hunters competing, and most of them had already killed an animal. A suite of Roosevelt’s attendants, led by Holt Collier, cornered, clubbed, and tied an American Black Bear to a willow tree after a long exhausting chase with hounds. They called Roosevelt to the site and suggested that he should shoot it. He refused to shoot the bear himself, deeming this unsportsmanlike, but instructed that the bear be killed to put it out of its misery, and it became the topic of a political cartoon by Clifford Berryman in The Washington Post on November 16, 1902. While the initial cartoon of an adult black bear lassoed by a white handler and a disgusted Roosevelt had symbolic overtones, later issues of that and other Berryman cartoons made the bear smaller and cuter.

Morris Michtom saw the drawing of Roosevelt and the bear cub and was inspired to create a new toy. He created a little stuffed bear cub and put it in his shop window with a sign that read “Teddy’s bear,” after sending a bear to Roosevelt and receiving permission to use his name. The toys were an immediate success and Michtom founded the Ideal Novelty and Toy Co.

At the same time in Germany, the Steiff firm, unaware of Michtom’s bear, produced a stuffed bear from Richard Steiff‘s designs. They exhibited the toy at the Leipzig Toy Fair in March 1903 and exported 3,000 to the United States.

By 1906 manufacturers other than Michtom and Steiff had joined in and the craze for “Roosevelt Bears” was such that ladies carried them everywhere, children were photographed with them, and Roosevelt used one as a mascot in his bid for re-election.

American educator Seymour Eaton wrote the children’s book series The Roosevelt Bears, while composer John Bratton wrote “The Teddy Bear Two Step” which, with the addition of Jimmy Kennedy‘s lyrics, became the song “The Teddy Bears’ Picnic”.

Early teddy bears were made to look like real bears, with extended snouts and beady eyes. Today’s teddy bears tend to have larger eyes and foreheads and smaller noses, babylike features that make them more attractive to buyers because they enhance the toy’s cuteness, and may even be pre-dressed.

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

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February 14 is the 45th day of the year in the Gregorian calendar. There are 320 days remaining until the end of the year (321 in leap years).

On this day in 1884, future President Theodore Roosevelt’s wife and mother die, only hours apart.

Roosevelt was at work in the New York state legislature attempting to get a government reform bill passed when he was summoned home by his family. He returned home to find his mother, Mittie, had succumbed to typhoid fever. On the same day, his wife of four years, Alice Lee, died of Bright’s disease, a severe kidney ailment. Only two days before her death, Alice Lee had given birth to the couple’s daughter, Alice.

Roosevelt left his daughter in the care of his sister, Anna “Bamie/Bye” in New York City. In his diary he wrote a large X on the page and wrote “the light has gone out of my life.”

A short time later, Roosevelt wrote a tribute to his wife published privately indicating that:

She was beautiful in face and form, and lovelier still in spirit; As a flower she grew, and as a fair young flower she died. Her life had been always in the sunshine; there had never come to her a single sorrow; and none ever knew her who did not love and revere her for the bright, sunny temper and her saintly unselfishness. Fair, pure, and joyous as a maiden; loving , tender, and happy. As a young wife; when she had just become a mother, when her life seemed to be just begun, and when the years seemed so bright before her-then, by a strange and terrible fate, death came to her. And when my heart’s dearest died, the light went from my life forever

To the immense disappointment of his wife’s namesake and daughter, Alice, he would not speak of his wife publicly or privately for the rest of his life and made no mention of her in his autobiography.

Cross posted from The Stars Hollow Gazette

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February 13 is the 44th day of the year in the Gregorian calendar. There are 321 days remaining until the end of the year (322 in leap years).

On this day in 1633, Italian philosopher, astronomer and mathematician Galileo Galilei arrives in Rome to face charges of heresy for advocating Copernican theory, which holds that the Earth revolves around the Sun. Galileo officially faced the Roman Inquisition in April of that same year and agreed to plead guilty in exchange for a lighter sentence. Put under house arrest indefinitely by Pope Urban VIII, Galileo spent the rest of his days at his villa in Arcetri, near Florence, before dying on January 8, 1642.

Galileo Galilei (15 February 1564 – 8 January 1642), commonly known as Galileo, was an Italian physicist, mathematician, astronomer and philosopher who played a major role in the Scientific Revolution. His achievements include improvements to the telescope and consequent astronomical observations, and support for Copernicanism. Galileo has been called the “father of modern observational astronomy”, the “father of modern physics”, the “father of science”, and “the Father of Modern Science”. Stephen Hawking says, “Galileo, perhaps more than any other single person, was responsible for the birth of modern science.”

The motion of uniformly accelerated objects, taught in nearly all high school and introductory college physics courses, was studied by Galileo as the subject of kinematics. His contributions to observational astronomy include the telescopic confirmation of the phases of Venus, the discovery of the four largest satellites of Jupiter (named the Galilean moons in his honour), and the observation and analysis of sunspots. Galileo also worked in applied science and technology, inventing an improved military compass and other instruments.

Galileo’s championing of Copernicanism was controversial within his lifetime, when a large majority of philosophers and astronomers still subscribed to the geocentric view that the Earth is at the centre of the universe. After 1610, when he began publicly supporting the heliocentric view, which placed the Sun at the centre of the universe, he met with bitter opposition from some philosophers and clerics, and two of the latter eventually denounced him to the Roman Inquisition early in 1615. In February 1616, although he had been cleared of any offence, the Catholic Church nevertheless condemned heliocentrism as “false and contrary to Scripture”, and Galileo was warned to abandon his support for it-which he promised to do. When he later defended his views in his most famous work, Dialogue Concerning the Two Chief World Systems, published in 1632, he was tried by the Inquisition, found “vehemently suspect of heresy”, forced to recant, and spent the rest of his life under house arrest.

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.

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February 12 is the 43rd day of the year in the Gregorian calendar. There are 322 days remaining until the end of the year (323 in leap years).

On this day in 1924, Rhapsody In Blue, by George Gershwin, performed for first time

Rhapsody in Blue premiered in an afternoon concert on February 12, 1924, held by Paul Whiteman and his band Palais Royal Orchestra, entitled An Experiment in Modern Music, which took place in Aeolian Hall in New York City. Many important and influential composers of the time such as John Phillip Sousa and Sergei Rachmaninoff were present. The event has since become historic specifically because of its premiere of the Rhapsody.

The purpose of the experiment, as told by Whiteman in a pre-concert lecture in front of many classical music critics and highbrows, was “to be purely educational.” It would “at least provide a stepping stone which will make it very simple for the masses to understand, and therefore, enjoy symphony and opera.” The program was long, including 26 separate musical movements, divided into 2 parts and 11 sections, bearing titles such as “True form of jazz” and “Contrast: legitimate scoring vs. jazzing”. Gershwin’s latest composition was the second to last piece (before Elgar’s Pomp and Circumstance March No. 1). Many of the numbers sounded similar and the ventilation system in the concert hall was broken. People in the audience were losing their patience, until the clarinet glissando that opened Rhapsody in Blue was heard. The piece was a huge success, and remains popular to this day.

The Rhapsody was performed by Whiteman’s band, with an added section of string players, and George Gershwin on piano. Gershwin decided to keep his options open as to when Whiteman would bring in the orchestra and he did not write out one of the pages for solo piano, with only the words “Wait for nod” scrawled by Grofe on the band score. Gershwin improvised some of what he was playing. As he did not write out the piano part until after the performance, we do not know exactly how the original Rhapsody sounded.

The opening clarinet glissando came into being during rehearsal when; “…as a joke on Gershwin, [Ross] Gorman (Whiteman’s virtuoso clarinettist) played the opening measure with a noticeable glissando, adding what he considered a humorous touch to the passage. Reacting favourably to Gorman’s whimsy, Gershwin asked him to perform the opening measure that way at the concert and to add as much of a ‘wail’ as possible.”

Cross posted from The Stars Hollow Gazette

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February 11 is the 42nd day of the year in the Gregorian calendar. There are 323 days remaining until the end of the year (324 in leap years).

On this day in 1990, Nelson Mandela is released from prison

Nelson Mandela, leader of the movement to end South African apartheid, is released from prison after 27 years on February 11, 1990.

In 1944, Mandela, a lawyer, joined the African National Congress (ANC), the oldest black political organization in South Africa, where he became a leader of Johannesburg’s youth wing of the ANC. In 1952, he became deputy national president of the ANC, advocating nonviolent resistance to apartheid–South Africa’s institutionalized system of white supremacy and racial segregation. However, after the massacre of peaceful black demonstrators at Sharpeville in 1960, Nelson helped organize a paramilitary branch of the ANC to engage in guerrilla warfare against the white minority government.

In 1961, he was arrested for treason, and although acquitted he was arrested again in 1962 for illegally leaving the country. Convicted and sentenced to five years at Robben Island Prison, he was put on trial again in 1964 on charges of sabotage. In June 1964, he was convicted along with several other ANC leaders and sentenced to life in prison.

Imprisonment

Mandela was imprisoned on Robben Island where he remained for the next eighteen of his twenty-seven years in prison. While in jail, his reputation grew and he became widely known as the most significant black leader in South Africa. On the island, he and others performed hard labour in a lime quarry. Prison conditions were very basic. Prisoners were segregated by race, with black prisoners receiving the fewest rations. Political prisoners were kept separate from ordinary criminals and received fewer privileges. Mandela describes how, as a D-group prisoner (the lowest classification) he was allowed one visitor and one letter every six months. Letters, when they came, were often delayed for long periods and made unreadable by the prison censors.

Whilst in prison Mandela undertook study with the University of London by correspondence through its External Programme and received the degree of Bachelor of Laws. He was subsequently nominated for the position of Chancellor of the University of London in the 1981 election, but lost to Princess Anne.

In his 1981 memoir Inside BOSS secret agent Gordon Winter describes his involvement in a plot to rescue Mandela from prison in 1969: this plot was infiltrated by Winter on behalf of South African intelligence, who wanted Mandela to escape so they could shoot him during recapture. The plot was foiled by British Intelligence.

In March 1982 Mandela was transferred from Robben Island to Pollsmoor Prison, along with other senior ANC leaders Walter Sisulu, Andrew Mlangeni, Ahmed Kathrada and Raymond Mhlaba. It was speculated that this was to remove the influence of these senior leaders on the new generation of young black activists imprisoned on Robben Island, the so-called “Mandela University”. However, National Party minister Kobie Coetsee says that the move was to enable discreet contact between them and the South African government.

In February 1985 President P.W. Botha offered Mandela his freedom on condition that he ‘unconditionally rejected violence as a political weapon’. Coetsee and other ministers had advised Botha against this, saying that Mandela would never commit his organisation to giving up the armed struggle in exchange for personal freedom. Mandela indeed spurned the offer, releasing a statement via his daughter Zindzi saying “What freedom am I being offered while the organisation of the people remains banned? Only free men can negotiate. A prisoner cannot enter into contracts.”

The first meeting between Mandela and the National Party government came in November 1985 when Kobie Coetsee met Mandela in Volks Hospital in Cape Town where Mandela was recovering from prostate surgery. Over the next four years, a series of tentative meetings took place, laying the groundwork for further contact and future negotiations, but little real progress was made.

In 1988 Mandela was moved to Victor Verster Prison and would remain there until his release. Various restrictions were lifted and people such as Harry Schwarz were able to visit him. Schwarz, a friend of Mandela, had known him since university when they were in the same law class. He was also a defence barrister at the Rivonia Trial and would become Mandela’s ambassador to Washington during his presidency.

Throughout Mandela’s imprisonment, local and international pressure mounted on the South African government to release him, under the resounding slogan Free Nelson Mandela! In 1989, South Africa reached a crossroads when Botha suffered a stroke and was replaced as president by Frederik Willem de Klerk. De Klerk announced Mandela’s release in February 1990.

Mandela was visited several times by delegates of the International Committee of the Red Cross, while at Robben Island and later at Pollsmoor prison. Mandela had this to say about the visits: “to me personally, and those who shared the experience of being political prisoners, the Red Cross was a beacon of humanity within the dark inhumane world of political imprisonment.”

Cross posted from The Stars Hollow Gazette

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February 10 is the 41st day of the year in the Gregorian calendar. There are 324 days remaining until the end of the year (325 in leap years).

On this day in 1937, Roberta Flack is born in Black Mountain, North Carolina, and was raised in Arlington, Virginia.

During her early teens, Flack so excelled at classical piano that Howard University awarded her a full music scholarship. She entered Howard University at the age of 15, making her one of the youngest students ever to enroll there. She eventually changed her major from piano to voice, and became an assistant conductor of the university choir. Her direction of a production of Aida received a standing ovation from the Howard University faculty. Flack is a member of Delta Sigma Theta sorority and was made an honorary member of Tau Beta Sigma by the Eta Delta Chapter at Howard University for her outstanding work in promoting music education.

Flack became the first African-American student teacher at an all-Caucasian school near Chevy Chase, Maryland. She graduated from Howard University at 19 and began graduate studies in music, but the sudden death of her father forced her to take a job teaching music and English for $2800 a year in Farmville, North Carolina.

Flack then taught school for some years in Washington, DC at Browne Junior High and Rabaut Junior High. She also taught private piano lessons out of her home on Euclid St. NW. During this period, her music career began to take shape on evenings and weekends in Washington, D.C. area night spots. At the Tivoli Club, she accompanied opera singers at the piano. During intermissions, she would sing blues, folk, and pop standards in a back room, accompanying herself on the piano. Later, she performed several nights a week at the 1520 Club, again providing her own piano accompaniment. Around this time, her voice teacher, Frederick “Wilkie” Wilkerson, told her that he saw a brighter future for her in pop music than in the classics. She modified her repertoire accordingly and her reputation spread. Subsequently, a Capitol Hill night club called Mr. Henry’s built a performance area especially for her.

When Flack did a benefit concert for the Inner City Ghetto Children’s Library Fund, Les McCann happened to be in the audience. He later said on the liner notes of what would be her first album “First Take” noted below, “Her voice touched, tapped, trapped, and kicked every emotion I’ve ever known. I laughed, cried, and screamed for more…she alone had the voice.” Very quickly, he arranged an audition for her with Atlantic Records, during which she played 42 songs in 3 hours for producer Joel Dorn. In November 1968, she recorded 39 song demos in less than 10 hours. Three months later, Atlantic reportedly recorded Roberta’s debut album, First Take, in a mere 10 hours. Flack later spoke of those studio sessions as a “very naive and beautiful approach…I was comfortable with the music because I had worked on all these songs for all the years I had worked at Mr. Henry’s.”

Flack’s version of “Will You Still Love Me Tomorrow” hit number seventy-six on the Billboard Hot 100 in 1972.

Flack’s Atlantic recordings did not sell particularly well, until Clint Eastwood chose a song from First Take, “The First Time Ever I Saw Your Face”, for the sound track of his directorial debut Play Misty for Me; it became the biggest hit of the year for 1972 – spending six consecutive weeks at #1 and earning Flack a million-selling gold disc. The First Take album also went to #1 and eventually sold 1.9 million copies in the United States. Eastwood, who paid $2,000 for the use of the song in the film, has remained an admirer and friend of Flack’s ever since. It was awarded the Grammy Award for Record Of The Year in 1973. In 1983, she recorded the end music to the Dirty Harry film Sudden Impact at Eastwood’s request.

Flack soon began recording regularly with Donny Hathaway, scoring hits such as the Grammy-winning “Where Is the Love” (1972) and later “The Closer I Get to You” (1978) – both million-selling gold singles. On her own, Flack scored her second #1 hit, “Killing Me Softly with His Song” written for Lori Lieberman in 1973. It was awarded both Record Of The Year and Best Pop Vocal Performance, Female at the 1974 Grammy Awards. Its parent album was Flack’s biggest-selling disc, eventually earning Double Platinum certification.

In 1999, a star with Flack’s name was placed on Hollywood’s Walk of Fame. That same year, she gave a concert tour in South Africa, to which the final performance was attended by President Nelson Mandela.

In 2010, she appeared on the 52nd Annual Grammy Awards, singing a duet of “Where Is The Love” with Maxwell.

Flack is also a spokesperson for the American Society for the Prevention of Cruelty to Animals; her appearance in commercials for the ASPCA featured The First Time Ever I Saw Your Face.

Cross posted from The Stars Hollow Gazette

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February 9 is the 40th day of the year in the Gregorian calendar. There are 325 days remaining until the end of the year (326 in leap years).

On this day in 1950, Joseph Raymond McCarthy, a relatively obscure Republican senator from Wisconsin, accuses State Department of being infiltrated by communists. McCarthy announces during a speech in Wheeling, West Virginia, that he has in his hand a list of 205 communists who have infiltrated the U.S. State Department. The unsubstantiated declaration, which was little more than a publicity stunt, suddenly thrust Senator McCarthy into the national spotlight.

Asked to reveal the names on the list, the reckless and opportunistic senator named officials he determined guilty by association, such as Owen Lattimore, an expert on Chinese culture and affairs who had advised the State Department. McCarthy described Lattimore as the “top Russian spy” in America.

These and other equally shocking accusations prompted the Senate to form a special committee, headed by Senator Millard Tydings of Maryland, to investigate the matter. The committee found little to substantiate McCarthy’s charges, but McCarthy nevertheless touched a nerve in the American public, and during the next two years he made increasingly sensational charges, even attacking President Harry S. Truman’s respected former secretary of state, George C. Marshall.

Wheeling speech

McCarthy experienced a meteoric rise in national profile on February 9, 1950, when he gave a Lincoln Day speech to the Republican Women’s Club of Wheeling, West Virginia. His words in the speech are a matter of some debate, as no audio recording was saved. However, it is generally agreed that he produced a piece of paper that he claimed contained a list of known Communists working for the State Department. McCarthy is usually quoted to have said: “The State Department is infested with communists. I have here in my hand a list of 205-a list of names that were made known to the Secretary of State as being members of the Communist Party and who nevertheless are still working and shaping policy in the State Department.”

There is some dispute about whether or not McCarthy actually gave the number of people on the list as being “205” or “57”. In a later telegram to President Truman, and when entering the speech into the Congressional Record, he used the number 57. The origin of the number 205 can be traced: In later debates on the Senate floor, McCarthy referred to a 1946 letter that then-Secretary of State James Byrnes sent to Congressman Adolph J. Sabath. In that letter, Byrnes said State Department security investigations had resulted in “recommendation against permanent employment” for 284 persons, and that 79 of these had been removed from their jobs; this left 205 still on the State Department’s payroll. In fact, by the time of McCarthy’s speech only about 65 of the employees mentioned in the Byrnes letter were still with the State Department, and all of these had undergone further security checks.

At the time of McCarthy’s speech, communism was a growing concern in the United States. This concern was exacerbated by the actions of the Soviet Union in Eastern Europe, the fall of China to the communists, the Soviets’ development of the atomic bomb the year before, and by the contemporary controversy surrounding Alger Hiss and the confession of Soviet spy Klaus Fuchs. With this background and due to the sensational nature of McCarthy’s charge against the State Department, the Wheeling speech soon attracted a flood of press interest in McCarthy.

Cross posted from The Stars Hollow Gazette

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February 8 is the 39th day of the year in the Gregorian calendar. There are 326 days remaining until the end of the year (327 in leap years).

On this day in 1828, Jules Gabriel Verne is born in Nantes, Brittany in France. He was a French author who pioneered the science-fiction genre. He is best known for novels such as Twenty Thousand Leagues Under the Sea (1870), A Journey to the Center of the Earth (1864), and Around the World in Eighty Days (1873). Verne wrote about space, air, and underwater travel before air travel and practical submarines were invented, and before practical means of space travel had been devised. He is the third most translated individual author in the world, according to Index Translationum. Some of his books have been made into films. Verne, along with Hugo Gernsback and H. G. Wells, is often popularly referred to as the “Father of Science Fiction”.

Literary debut

After completing his studies at the lycée, Verne went to Paris to study for the bar. About 1848, in conjunction with Michel Carré, he began writing libretti for operettas. For some years his attentions were divided between the theatre and work, but some travellers’ stories which he wrote for the Musée des Familles revealed to him his true talent: the telling of delightfully extravagant voyages and adventures to which cleverly prepared scientific and geographical details lent an air of verisimilitude.

When Verne’s father discovered that his son was writing rather than studying law, he promptly withdrew his financial support. Verne was forced to support himself as a stockbroker, which he hated despite being somewhat successful at it. During this period, he met Victor Hugo and Alexandre Dumas, pére, who offered him writing advice.

Verne also met Honorine de Viane Morel, a widow with two daughters. They were married on January 10 1857. With her encouragement, he continued to write and actively looked for a publisher.

Verne’s situation improved when he met Pierre-Jules Hetzel, one of the most important French publishers of the 19th century, who also published Victor Hugo, Georges Sand, and Erckmann-Chatrian, among others. They formed an excellent writer-publisher team until Hetzel’s death. Hetzel helped improve Verne’s writings, which until then had been repeatedly rejected by other publishers. Hetzel read a draft of Verne’s story about the balloon exploration of Africa, which had been rejected by other publishers for being “too scientific”. With Hetzel’s help, Verne rewrote the story, which was published in 1863 in book form as Cinq semaines en balloon (Five_Weeks_in_a_Balloon Five Weeks in a Baloon). Acting on Hetzel’s advice, Verne added comical accents to his novels, changed sad endings into happy ones, and toned down various political messages.

From that point, Hetzel published two or more volumes a year. The most successful of these include: Voyage au centre de la terre (Journey to the Center of the Earth, 1864); De la terre à la lune (From the Earth to the Moon, 1865); Vingt mille lieues sous les mers (Twenty Thousand Leagues Under the Sea, 1869); and Le tour du monde en quatre-vingts jours (Around the World in Eighty Days), which first appeared in Le Temps in 1872. The series is collectively known as “Voyages Extraordinaires” (“extraordinary voyages”). Verne could now live on his writings. But most of his wealth came from the stage adaptations of Le tour du monde en quatre-vingts jours (1874) and Michel Strogoff (1876), which he wrote with Adolphe d’Ennery. In 1867 Verne bought a small ship, the Saint-Michel, which he successively replaced with the Saint-Michel II and the Saint-Michel III as his financial situation improved. On board the Saint-Michel III, he sailed around Europe. In 1870, he was appointed as “Chevalier” (Knight) of the Légion d’honneur. After his first novel, most of his stories were first serialised in the Magazine d’Éducation et de Récréation, a Hetzel biweekly publication, before being published in the form of books.

In his last years, Jules Verne wrote a novel called Paris in the 20th Century about a young man who lives in a world of glass skyscrapers, high-speed trains, gas-powered automobiles, calculators, and a worldwide communications network, yet cannot find happiness and comes to a tragic end. Hetzel thought the novel’s pessimism would damage Verne’s then booming career, and suggested he wait 20 years to publish it. Verne put the manuscript in a safe, where it was discovered by his great-grandson in 1989. It was published in 1994.

In 1905, while ill with diabetes, Verne died at his home, 44 Boulevard Longueville (now Boulevard Jules-Verne).

Cross posted from The Stars Hollow Gazette

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February 7 is the 38th day of the year in the Gregorian calendar. There are 327 days remaining until the end of the year (328 in leap years).

On this day in 1795, The 11th Amendment to the United States Constitution is ratified. It dealt with each state’s sovereign immunity from being sued in federal court by someone of another state or country.

The Eleventh Amendment (Amendment XI) to the United States Constitution, which was passed by the Congress on March 4, 1794 and was ratified on February 7, 1795, deals with each state’s sovereign immunity from being sued in federal court by someone of another state or country. This amendment was adopted in order to overrule the U.S. Supreme Court‘s decision in Chisholm v. Georgia, 2 U.S. 419 (1793).]

Amendment Eleven:

   The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

By itself this Amendment is a little impenetrable. It was passed as a clarification of Article 3, Section 2 of the Constitution, specifically Clause One which reads:

Clause 1:

   The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State; between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects

Basically what this boils down to is the concept of Sovereign Immunity. Basically you can not use the Federal Government unless it agrees to let the case be heard. Yes, you read that right. The Government reserves the right to prevent you from suing it, as a citizen, except under very specific circumstances. The exceptions are detailed in the Federal Tort Claims Act and the Tucker Act. These acts allow a citizen to sue the Government if there is a claim resulting from either the actions of a federal employee or if there is a case involving contracts with the Federal Government.

Now, Amendment 11 extends this same sovereign immunity to the States in terms of the Federal Courts. What that means is that you as a citizen can not use the Federal Courts to sue your State Government, without the consent of the State. The Dog believes the reason for this is to prevent citizens from tying up their government with suits that arise from the normal operation of the government. As a practical matter it forces citizens that don’t like the way things are being run to replace their government officials instead of just suing the government.

Now, this does not apply to crimes committed by members of the government or the government itself. There is what is called a Stripping Doctrine that says when a government employee or official commits a crime, they have lost their immunity. So, in the case of torture or War Crimes there can be no reasonable sovereign immunity defense.

h/t Something the Dog Said

Cross posted from The Stars Hollow Gazette

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February 6 is the 37th day of the year in the Gregorian calendar. There are 328 days remaining until the end of the year (329 in leap years).

On this day in 1952, Elizabeth II becomes the first Queen regnant of the United Kingdom and several other realms since Queen Victoria, upon the death of her father, George VI. At the exact moment of succession, she was in a treehouse at the Treetops Hotel in Kenya.

Elizabeth II (Elizabeth Alexandra Mary, born 21 April 1926) is the Queen regnant of 16 independent sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize, Antigua and Barbuda, and Saint Kitts and Nevis. In addition, as Head of the Commonwealth, she is the figurehead of the 54-member Commonwealth of Nations and, as the British monarch, she is the Supreme Governor of the Church of England.

Elizabeth was educated privately at home. Her father, George VI, became King-Emperor of the British Empire in 1936. She began to undertake public duties during the Second World War, in which she served in the Auxiliary Territorial Service. After the war and Indian independence George VI’s title of Emperor of India was abandoned, and the evolution of the Empire into the Commonwealth accelerated. In 1947, Elizabeth made the first of many tours around the Commonwealth, and married Prince Philip, Duke of Edinburgh. They have four children: Charles, Anne, Andrew, and Edward.

In 1949, George VI became the first Head of the Commonwealth, a symbol of the free association of the independent countries comprising the Commonwealth of Nations. On his death in 1952, Elizabeth became Head of the Commonwealth, and constitutional monarch of seven independent Commonwealth countries: the United Kingdom, Canada, Australia, New Zealand, South Africa, Pakistan, and Ceylon. Her coronation in 1953 was the first to be televised. During her reign, which at 58 years is one of the longest for a British monarch, she became queen of 25 other countries within the Commonwealth as they gained independence. Between 1956 and 1992, half of her realms, including South Africa, Pakistan, and Ceylon (renamed Sri Lanka), became republics.

In 1992, which Elizabeth termed her annus horribilis (“horrible year”), two of her sons separated from their wives, her daughter divorced, and a severe fire destroyed part of Windsor Castle. Revelations on the state of her eldest son Charles’s marriage continued, and he divorced in 1996. The following year, her former daughter-in-law Diana, Princess of Wales, died in a car crash in Paris. The media criticised the royal family for remaining in seclusion in the days before Diana’s funeral, but Elizabeth’s personal popularity rebounded once she had appeared in public and has since remained high. Her Silver and Golden Jubilees were celebrated in 1977 and 2002 respectively, and planning for her Diamond Jubilee in 2012 is underway.

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.

February 5 is the 36th day of the year in the Gregorian calendar. There are 329 days remaining until the end of the year (330 in leap years).

On this day in 1917, with more than a two-thirds majority, Congress overrides President Woodrow Wilson’s veto of the previous week and passes the Immigration Act.. The law required a literacy test for immigrants and barred Asiatic laborers, except for those from countries with special treaties or agreements with the United States, such as the Philippines.

The Immigration Act of 1917, also known as the Asiatic Barred Zone Act, added to the number of undesirables banned from entering the country, including but not limited to “idiots”, “feeble-minded persons”, “criminals”, “epileptics”, “insane persons”, alcoholics, “professional beggars”, all persons “mentally or physically defective”, polygamists, and anarchists. Furthermore, it barred all immigrants over the age of sixteen who were illiterate. The most controversial part of the law was the section that designated an “Asiatic Barred Zone”, a region that included much of eastern Asia and the Pacific Islands from which people could not immigrate. Previously, only the Chinese had been excluded from admission to the country. Attempts at introducing literacy tests had been vetoed by Grover Cleveland in 1897 and William Taft in 1913. Wilson also objected to this clause in the Immigration Act but it was still passed by Congress on the fourth attempt.

Anxiety in the United States about immigration has often been directed toward immigrants from China and Japan. The Chinese Exclusion Act of 1882 barred Chinese from entering the U.S. The Gentlemen’s Agreement of 1907 was made with Japan to regulate Japanese immigration to the U.S. The Immigration Act of 1917 is one of many immigration acts during this time period which arose from nativist and xenophobic sentiment. These immigration laws were intentional efforts to control the composition of immigrant flow into the United States.

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.

February 4 is the 35th day of the year in the Gregorian calendar. There are 330 days remaining until the end of the year (331 in leap years).

On this day in 1789, George Washington becomes the first and only president to be unanimously elected by the Electoral College. He repeated this notable feat on the same day in 1792.

The peculiarities of early American voting procedure meant that although Washington won unanimous election, he still had a runner-up, John Adams, who served as vice president during both of Washington’s terms. Electors in what is now called the Electoral College named two choices for president. They each cast two ballots without noting a distinction between their choice for president and vice president. Washington was chosen by all of the electors and therefore is considered to have been unanimously elected. Of those also named on the electors’ ballots, Adams had the most votes and became vice president.

George Washington (February 22, 1732 – December 14, 1799) was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Britain in the American Revolutionary War as commander in chief of the Continental Army in 1775-1783, and he presided over the writing of the Constitution in 1787. As the unanimous choice to serve as the first President of the United States (1789-1797), he developed the forms and rituals of government that have been used ever since, such as using a cabinet system and delivering an inaugural address. As President he built a strong, well-financed national government that avoided war, suppressed rebellion and won acceptance among Americans of all types, and Washington is now known as the “Father of his country”.

In Colonial Virginia, Washington was born into the provincial gentry in a wealthy, well connected family that owned tobacco plantations using slave labor. Washington was home schooled by his father and older brother but both died young and Washington became attached to the powerful Fairfax clan. They promoted his career as surveyor and soldier. Strong, brave, eager for combat and a natural leader, young Washington quickly became a senior officer of the colonial forces, 1754-58, during the first stages of the French and Indian War. Indeed, his rash actions helped precipitate the war. Washington’s experience, his military bearing, his leadership of the Patriot cause in Virginia, and his political base in the largest colony made him the obvious choice of the Second Continental Congress in 1775 as commander-in-chief of the Continental Army to fight the British in the American Revolution. He forced the British out of Boston in 1776, but was defeated and nearly captured later that year when he lost New York City. After crossing the Delaware River in the dead of winter he defeated the enemy in two battles, retook New Jersey, and restored momentum to the Patriot cause. Because of his strategy, Revolutionary forces captured two major British armies at Saratoga in 1777 and Yorktown in 1781. Negotiating with Congress, governors, and French allies, he held together a tenuous army and a fragile nation amid the threats of disintegration and invasion. Historians give the commander in chief high marks for his selection and supervision of his generals, his encouragement of morale, his coordination with the state governors and state militia units, his relations with Congress, and his attention to supplies, logistics, and training. In battle, however, Washington was repeatedly outmaneuvered by British generals with larger armies. Washington is given full credit for the strategies that forced the British evacuation of Boston in 1776 and the surrender at Yorktown in 1781. After victory was finalized in 1783, Washington resigned rather than seize power, and returned to his plantation at Mount Vernon, proving his opposition to dictatorship and his commitment to republican government.

Washington presided over the Constitutional Convention that drafted the United States Constitution in 1787 because of his dissatisfaction with the weaknesses of Articles of Confederation that had time and again impeded the war effort. Washington became the first President of the United States in 1789. He attempted to bring rival factions together in order to create a more unified nation. He supported Alexander Hamilton‘s programs to pay off all the state and national debts, implement an effective tax system, and create a national bank, despite opposition from Thomas Jefferson. Washington proclaimed the U.S. neutral in the wars raging in Europe after 1793. He avoided war with Britain and guaranteed a decade of peace and profitable trade by securing the Jay Treaty in 1795, despite intense opposition from the Jeffersonians. Although never officially joining the Federalist Party, he supported its programs. Washington’s “Farewell Address” was an influential primer on republican virtue and a stern warning against partisanship, sectionalism, and involvement in foreign wars.

Washington had a vision of a great and powerful nation that would be built on republican lines using federal power. He sought to use the national government to improve the infrastructure, open the western lands, create a national university, promote commerce, found a capital city (later named Washington, D.C.), reduce regional tensions and promote a spirit of nationalism. “The name of AMERICAN,” he said, must override any local attachments.” At his death Washington was hailed as “first in war, first in peace, and first in the hearts of his countrymen”. The Federalists made him the symbol of their party, but for many years the Jeffersonians continued to distrust his influence and delayed building the Washington Monument. As the leader of the first successful revolution against a colonial empire in world history, Washington became an international icon for liberation and nationalism. His symbolism especially resonated in France and Latin America. Historical scholars consistently rank him as one of the two or three greatest presidents.