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Constitution Day 2015

Eliminating birthright citizenship… It implies a reckless urge to break down ancient legal principles without inquiring why those traditions existed in the first place.

Close up of the Constitution of the United States of America with quil feather pen — Close up of the Constitution of the United States of America with quill feather pen

Constitution Day is tomorrow, so I found some articles from the previous 12 months, pulling out quotes, to commemorate it. I suggest you read the whole article.

Civics For Dummies: Judicial Review
People who dislike particular court rulings often imagine that this power of judicial review wasn’t in the Founders’ original vision at all; somewhere along the line the Supreme Court just usurped it. But in fact, the Founders foresaw judicial review and approval.

How the NRA Rewrote the Second Amendment
“‘One loves to possess arms’ wrote Thomas Jefferson, the premier intellectual of his day, to George Washington on June 19, 1796.” What a find! Oops: Jefferson was not talking about guns. He was writing to Washington asking for copies of some old letters, to have handy so he could issue a rebuttal in case he got attacked for a decision he made as secretary of state. The NRA website still includes the quote. You can go online to buy a T-shirt emblazoned with Jefferson’s mangled words.

Opinion analysis: Reasonable mistakes of law by police do not violate the Fourth Amendment
The vague word “unreasonable” in the Fourth Amendment is a lawyer’s playground, and questions about what sort of circumstances constitutionally permit law enforcement seizures have thus plagued the federal courts since the Fourth Amendment was adopted.

Arizona, the Supreme Court and the End of Gerrymandering
In the fullness of time, it all wound up in litigation, in a wrangle over the definition of the word “legislature” that eventually reached the Supreme Court. What is a “legislature,” exactly? Is it a body of elected officials? Is it a body appointed by the people to perform a specific legal purpose? Can it be both?

Nothing Is More “Conservative” Than Birthright Citizenship
Make no mistake, eliminating birthright citizenship would require an overthrow of established traditions. It implies a reckless urge to break down ancient legal principles without inquiring why those traditions existed in the first place. In short, it requires precisely the sort of thing conservatives are supposed to be against.

The Five Worst Supreme Court Justices In American History, Ranked
Even amidst this dark history, certain justices stand out as particularly mean-spirited, ideological, or unconcerned about their duty to follow the text of the Constitution.

December rambling: the Rosa Parks of the Fourth Amendment

The Bible: So Misunderstood It’s a Sin. Plus the Atheist 10 Commandments.

This story claims: If The Supreme Court Reads This Study, It Could End Partisan Gerrymandering Forever. But probably not happening.

This being the second anniversary of the Newtown massacre this month, should Nancy and Adam Lanza be mourned? I’d say yes.

1944 murder conviction of 14-year-old vacated. His execution can’t be. I wrote about George Stinney HERE.

Pew Explains Why the Conservatives Live in Their Own “Reality”.

Reasons You Should Never Agree to a Police Search (Even If You Have Nothing to Hide). I agree, in theory, but I’m not sure, in practice.

Rethinking Immigration. We don’t understand “illegal”. We just think we do.

“Sustainable Keystone XL”.

Dollree Mapp, 1923-2014: ‘The Rosa Parks of the Fourth Amendment’.

The PR firm using “Strange Fruit” in its name. Oy.

Feds Indict Another Person For Teaching People How To Beat Polygraph Tests.

A friend of mine wrote: “Watch this video where a casino clamps down hard on a guy who is winning at blackjack by counting cards. I think there’s a very apt correlation between what happens here and what happens in real life any time you actually start to get ahead.”

When reporters value ‘justice’ over accuracy, journalism loses.

Ted Koppel: Fox News is Bad for America.

Why IS liberal Protestantism dying, anyway?

You’re Not What You Think You Are.

Evanier talks about an aspect of creative work (writing, drawing, etc.) that doesn’t get enough attention. It’s the part about making a living.

Why you’re so busy.

Major League Baseball umpire Dale Scott comes out as gay, which still matters as long as homophobia exists.

All of those end-of-the-year lists that come out well before the end of December:
What we searched for on Google. I swear I had NEVER heard of Flappy Bird.
TCM remembers movie actors who died in 2014
100 Notable Books of 2014.
74 Of The Most Amazing News Photos Of 2014, which ARE amazing
50 best albums of 2014; 60% of the artists I had not heard of, and only TWO of the albums, the ones by U2 and Leonard Cohen, I’ve actually heard, though the Springsteen is on the wish list
United State of Pop 2014 (Do What You Wanna Do). Arthur has linked to a bunch of these mashups.
*11 Hoaxes That Your Gullible Facebook Friends Fell For In 2014
And here’s a list of significant events each month of 2014, plus New Republic spotlights bad predictions that were made about the year now ending.

Facebook’s algorithmic cruelty.

The secret language of twins.

Spite thy neighbor, housing division. Also, The Long But Not the Short of It and The Immovable Ladder and Ye Olde Mispronunciation.

Robert Johnson, King of the Delta Blues at the wrong speed?

Fashion at the dawn of pop.

Mister Sister by Kate Pierson, formerly of the B-52s.

The James Bond Theme a cappella. And Ranking: James Bond Theme Songs From Worst to Best.

Inductions into the Grammy Hall of Fame. An eclectic bunch.

Christmas in her soul: Laura Nyro.

The Who’s Roger Daltrey: wedding singer.

Maya Angelou’s ‘Harlem Hopscotch’ Music Video.

The What colour is it? clock does a lovely job of showing the relationships between adjacent colors.

History of Franklin: 1st black Peanuts character” How a schoolteacher helped create the first black Peanuts comic strip character.

The Daughter liked this a LOT, and insisted I link to it: Who doesn’t love a good chain reaction?

Legendary Mad Magazine Illustrator Jack Davis Calls It Quits at 90: “I can still draw, but I just can’t draw like I used to.”

Here’s Everyone From the Epic ‘Colbert Report’ Finale. Never saw Andrew Young when I first viewed it.

If Dr. Seuss books were titled by their subtexts.

My failed attempt to draw the Nancy comic strip.

A Hanna-Barbera story, featuring Tex Avery.

Muppets: Thog (with whom I was unfamiliar), Uncle Deadly (who I DO remember), Vendaface (broad comedy), the very early Wilkins and Wontkins and Sam and Friends, the comedy stylings of Kermit and Cookie Monster, and Cookie Monster takes direction, and Auld Lang ~~Swine~~Syne.

Mystery of creepy 1970s Sesame Street clip solved.

Artifacts Discovered Buried In Washington D.C. Suggest Humans Once Passed Laws There.

John Oliver speaks of the horror that is New Year’s Eve. Still, woman to ride Rose Bowl float 60 years after she was denied because her race.

GOOGLE ALERTS (me)

Interesting that both Arthur and Dustbury responded to my post about compact discs.

Dustbury on an analysis of decade-specific words in song titles listed in Billboard.

It appears that Arthur will meet his post per day goal.

Arthur, by request: terrorism in New Zealand and white privilege and police violence and dentists and New Zealand holidays and loss, and memes and the places he’s been in the US and Canada.

The Arthurian election reform article

What IS the solution to a fairer voting process?

After the 2012 Presidential election – thank every deity it is over – you may recall that only a handful of states were crucial to the decision – Ohio! Florida! Virginia! The Democratic “blue” states – New York, California – were not in play, nor were the Republican “red” states such as Texas. Candidates didn’t campaign in those because of most states’ “winner-take-all” mechanism when it came to the Electoral College. All the electoral votes of a state would go to one candidate. (The upside is that I missed the vast majority of the political ads.)

So the recent Republican plan to change states from winner-takes-all, the way every state, except Maine and Nebraska, does it, to awarding electoral votes by Congressional District, seems to be fairer. And it would be if Congressional boundary lines were drawn equitably.

But as Arthur@AmeriNZ noted a few weeks ago, “Republicans… worked hard, and spent large amounts of money, to win control of state legislatures in 2010 precisely so that they could write the congressional district maps to ensure Republican victories — they now even admit that was their plan all along. This gerrymandering by Republicans is the reason that they control the US House of Representatives even though they received fewer votes than Democrats did. Now, they want to do the same thing in presidential elections.

“Were it not for gerrymandering, the Republican plan would be closer to a proportional system for electing a president than the current winner-take-all approach allows for.” That’s why I had originally thought of such a solution, which seemed obvious at the time, years ago. “However,” and I also noted this at the time, “because of gerrymandering, it instead cynically twists that goal to ensure Republicans win the presidency even if they lose the popular vote—something that could very well happen every election under the Republican plan. So, what we’d end up with is something far less democratic than what we have now.” Which is not very democratic at all.

“If the US were to pass a Constitutional Amendment requiring all states to use truly non-partisan commissions to draw the boundaries of Congressional Districts based solely on population—and forbidding them from taking party voting history of areas into account—then it might be possible to make the Republican plan credible.” This, of course, will NEVER happen. In New York, there were lost promises of having nonpartisan boundaries drawn. “However, most state legislatures would never give up their power to draw the maps, and Republicans aren’t about to walk away from the one thing that could ensure their minority party retains power for at least the next decade…

“The best possible solution would be direct popular election of the president — abolish the Electoral College altogether.” That would be true in the abstract. But the sad fact is that in the real world, I don’t know if I want my vote in New York State, in a close national election, compromised by voter suppression in Pennsylvania, incompetence in Florida, or outright fraud in Ohio.

Arthur noted that, in the current system, “small states are overrepresented,” and of course, that is accurate, but also intentional. A state such as Wyoming has one member of the House of Representatives, so three electoral college votes for the one House seat, plus the two Senate seats. New York has 27 members of the House, so 29 electoral votes. Wyoming has in fact about 3% of the population as New York; changing it to direct vote would, in fact, make the folks THERE less likely to cast a ballot. No small state would pass a Constitutional amendment to make their voters have less impact.

What IS the solution to a fairer voting process? Failing the suggestions put forth, such as fair reapportionment, which simply won’t happen, I have no idea.

G is for Gerrymander

The US Supreme Court ruled that Congressional and state legislative districts had to be roughly equal in population, consistent with the “one man (later, one person), one vote” doctrine.

Gerrymandering is a word that means “a practice that attempts to establish [in the process of setting electoral districts] a political advantage for a particular party or group by manipulating geographic boundaries to create partisan, incumbent-protected districts. Gerrymandering may be used to achieve desired electoral results for a particular party, or may be used to help or hinder a particular demographic, such as a political, racial, linguistic, religious or class group.”

The term was created way back in the early 19th century concerning the redrawing of the “Massachusetts state senate election districts under the then-governor Elbridge Gerry…to benefit his Democratic-Republican Party. When mapped, one of the contorted districts in the Boston area was said to resemble the shape of a salamander.”

Thus GERRY+SALAMANDER=GERYYMANDER. Oddly, though, the first syllable in gerrymander sounds like JERRY, Gerry’s name sounds like Gary. Gerry, incidentally was the second Vice President of the US to die in office, after George Clinton, both under James Madison.

The US Supreme Court ruled, in Baker v. Carr (1962) and Reynolds v. Sims (1964), that Congressional and state legislative districts had to be roughly equal in population, consistent with the “one man (later, one person), one vote” doctrine. This was a good thing: some districts had 10 or 14 times as many people as other districts. Invariably, though, the lines drawn shortly after each decennial Census become fraught with controversy.

The 2012 tentative New York State Senate redistricting was described as being in its gerrymandered glory. The Los Angeles Redistricting Commission released its proposed boundary lines for 15 City Council seats in 2012, which led one councilman to call it an “outrageous case of gerrymandering” against his coastal district.

Not all gerrymandering is done with nefarious intent, to keep a political party safe. Some was done to try to create fairness. For decades, concentrations of black voters were parceled into various predominately white districts to minimize the possibility of a “majority-minority district”. That behavior too has been deemed unconstitutional as well.

But sometimes the solution is as bad as the disease. Look at North Carolina congressional district 12 (in purple), which is long and narrow and practically bisects the state. I’m sure that it was designed to give a better chance for a black candidate to win. But it runs along the interstate without any sort of community cohesiveness. Similar maps have been struck down for that very reason.

Another big issue in New York is so-called prison-based gerrymandering. Most prisons are in upstate New York; many prisoners are from downstate New York. Critics say the census should count prisoners in the district where they lived BEFORE they were incarcerated, which would lessen the power of the most rural districts where prisons tend to be situated.

There has been a move toward “non-partisan” reapportionment. For most places, though, that is easier said than done.

ABC Wednesday – Round 10