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Friday, April 29, 2011

Mis'Concepcion'

Can't shut 'em up and can't shut 'em down. It is big business as usual. Or as usual is defined by this Supreme Court.

As an arm of corporate America, this Supreme Court deserves much credit. As a protector of the rights of the individual against the abuses of those with power and wealth, this Court is an absolute disaster.

Over the past 2 years, the right warned of activist judges when trying to defeat the appointment to the Supreme Court of those they perceived would not be aiding and abetting their causes. Yet they applauded the determination in Citizens United where the conservatives on the bench undid history and legal precedent by finding that a corporation had somehow morphed into an individual with unfettered rights to control the destiny of this nation's elections by its pocketbooks.

Now, with the decision announced in Concepcion, those who are too big to fail, and too rich to be silenced, are found to be too clever to be sued. The right of those who have been aggrieved to aggregate by way of class action, to form an equal force against an otherwise immovable object, has been their only protection. When a "free" cell phone becomes a $30 free cellphone, who among us has the time, the energy, the know how and the willpower to work alone through the maze of litigation or an arbitration proceeding to challenge the wrongdoer?

For the giants among us to be able to insulate themselves from attack by a collective force, merely by inserting language in a document none of us has read or had an opportunity to negotiate, is contrary to legal precedent and to all values that this court should uphold. But while this is the court of last resort, they treat all efforts to reign in corporations as a case of first impression. Their decisions are activist in all the ways they should not be.

We have read of the oral argument in the pending Walmart case and can only anticipate that, consistent with Citizens United and Concepcion, this court will tell 1.5 million female employees of Walmart that they are too big a class to retain the right to sue. Get small, very small, and let each one of you move forward on your own against the biggest of them all.

This Supreme Court majority, in dealing a virtual death blow to class action litigation, has demonstrated that when it comes to questions of class, it has none at all.

Wednesday, April 27, 2011

Complicity

("Culture of Complicity Tied to Stricken Nuclear Power Plant") Lax oversight, failure to enforce regulations, collusion, corruption, all creating the framework for a meltdown. Sounds vaguely familiar. Economic disaster on Wall Street or environmental tsunami in Japan. When "it's all about the money" and industries are allowed to obfuscate, to circumvent, to delay and ignore, we should not be surprised when it all threatens to explode.

Tuesday, April 26, 2011

Disconnected

Re: David Brooks ("The Big Disconnect")

It is not surprising that the mood of the country is dark. Job growth and falling unemployment rates notwithstanding, this country is years in to a devastatingly deep recession. Yet, we are not in discussions focusing on taking the necessary steps to accelerate a recovery. Instead, the talk of those like Mr. Ryan is centered on how to decimate the underclass while feeding the endless hunger of the wealthiest among us. The big disconnect is between the conversation we hear from the right and the necessity we feel.

There is no reason to celebrate now. Too many are hurting and too little progress is being made. Let this be the season where our attention is turned to solving today's problems today and then there may well be a psychological recovery matching a true economic one. We don't sense that is going to occur any time soon, and until that happens there is nothing to smile about.

the Shattered Plate (for the many under attack)

The sounds of death fill my ears
And takes from me what matters
You want my will to disappear
Now that the plate has shattered

The world I knew laid to waste
What once was now in tatters
Humanity leaves a bitter taste
Now that the plate has shattered

My soul is struck a vicious blow
My heart is bruised and battered
How can I know the way to go
Now that the plate has shattered

But I will find where each piece lies
And bring each back to life
For what is right will never die
No mortal wound by knife

And I will weave a tapestry
And show a wondrous plate
A miracle of spirit will it be
A testament of strength not hate

You cannot shatter me, I am not a plate
You cannot shatter me, you cannot
You cannot shatter me, this is not my fate
You cannot shatter me, you cannot

Friday, April 22, 2011

Birth right

"No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."

While this clause has been the basis for the "birther" argument made so vociferously and so frequently by Donald Trump, there has just been a discovery of a long lost footnote to this Constitutional provision. Found deep within the catacombs of neglected constitutional writings, this additional provision is creating an uproar of monumental significance. For those within the Republican party who claim to read the Constitution, like the Bible, as a document to be strictly construed, this may mean the end of the debate concerning the legitimacy of the presidency of Barack Obama, and might signal the death knoll for the intended coronation of Trump. It reads as follows:

"Natural born is defined as the act of giving birth to a child without third party intervention."


There were but 55 delegates at the Constitutional Convention in Philadelphia in 1787 and only 39 signers of our Constitution. The oldest, and possibly the most well respected of those in attendance was Benjamin Franklin. 81 at the historic signing, Franklin was so infirm that he had to be carried to the sessions in a sedan chair.

But whatever his physical infirmity, Franklin's intellect remained fully intact. Revered for his interests in philanthropy and politics, he was also a man passionately involved in many aspects of science. Deep into his life, Franklin vigorously promoted all causes for which he felt strongly. As late as 1787, he was named the first President of the Society for Promoting the Abolition of Slavery, a cause he had championed since the 1730's.

Equally important to Franklin was the preservation of both mother and child during the act of bringing said child into our universe. As of the late 1700's, most women gave birth at home without medical intervention.

Births, without medical intervention, were thought not only to be safer for mother and child, but served to promote psychological bonding. There could be no greater connection of a new born to its parent, and to its universe, than by the act of natural birth. Franklin was an adamant advocate of the belief that for a child to be capable of reaching his maximum level of intellectual achievement and emotional attachment to not only his immediate world, his mother, but the larger world of his country, he could not be forced, maneuvered, or compelled to enter this society through unnatural means.

And so, this forgotten footnote, was born. The writings, now discovered, speak of the extended discussions that took place on the third day of the conference, centering on this issue. Members of the delegations from Connecticut, Delaware and Maryland, took exception to Franklin's stance, castigating it as the "birther movement". Pennsylvania, Maryland, Georgia and Massachusetts found meaning and substance in the words of the venerable Franklin, and fought for the definition of natural born to be set forth as part of the words of the Constitution.

At the end of the day, with there being talk of filibuster (a word that didn't even exist until that moment) and a walk-out, compromise was finally reached. Franklin's concerns would find their way into the greatest document ever produced, but the definition he wanted for clarification to all who would thereafter read and interpret, was left as a footnote to history. And then this footnote was lost in the final version that took shape at the conclusion of the convention.

And there the story ended for well over 200 years.

At Jamaica Hospital, in Queens, on June 14, 1946 Donald John Trump was brought into this world. The child of Fred C. Trump, listed as a builder on the City of NY Vital Records, and Mary McLeod, housewife, the fact of this birth is further verified by the Certificate of Birth Registry for New York City.

Richard Eckhart is the son of Robert Eckhart, the obstetrician who performed the delivery. Robert Eckhart passed away in 1993, and all the the others in attendance at that fateful event, are long gone. However, Richard Eckhart has, in recent conversations with all those media outlets that Trump so relies upon, provided specific details of the birth, as told to him by his father shortly before his death. He spoke of problems that arose relating to fetal distress, cord prologue and abnormal presentation. And thus it is alleged that on a late spring evening in 1946, merely months after the end of the second World War, due to various complications and rising concerns for the welfare of mother and child, Donald John Trump entered our society by way of Caesarean section.

It has now been suggested to Mr. Trump that the easiest way to resolve any uncertainties relating to the report, is for him to authorize the release of all hospital records of his birth. However, Mr. Trump has responded by seeking an injunction preventing Mr. Eckhart from discussing the confidential information of his birth. He has alternately contended that Dr. Eckhart breached his sacred oath or that the information allegedly provided to his son, was false and defamatory. Trump's representatives say he will vigorously prosecute a multi- million dollar lawsuit.

As for the release of the records, Trump has said that one only has to look at him to know that he is the definition of natural. "I am a person who has met everything in life head on. My birth was no different."

The first birth utilizing surgical procedures was thought to have occurred almost 300 years BC. Bindurasa, the second Mauryan emperor of India, was born only by cutting the stomach of his mother, who had died as a result of ingestion of poison.

The term Caesarean was allegedly taken from the Latin verb, caedo, meaning to cut. It was originally a method reserved for those situations in which the mother had passed away. It was thought improper to bury one with a child still inside the womb. And so, it was intended to be the ultimate act of separation.

On August 4, 1961, at 7:24 PM, Stanley Ann Dunham gave birth to Barack Hussein Obama II. The certificate of Live Birth filed on August 8,1961 listed the State of Hawaii, Island of Oahu, County of Honolulu as the place where the current President of the United States arrived into this world.

However, unlike what had occurred some 15 years earlier in that hospital in Queens, it appears that Obama's birth was as uncomplicated as Trump's was messy. Upon the discovery of the words of our founding fathers, Obama was asked to provide hospital records of his birth. The next day, the full set of certified documents was released to the public. These revealed that only 90 minutes after entering the hospital, Stanley Ann Dunham completed the delivery. Short of cutting the umbilical cord, this was as devoid of outside presence in the procedure as humanly possible. It was in all ways a natural birth. Mother, child and environment all were in harmony on that warm, summer night.

When asked about the controversy, President Obama recently stated: "We have real issues to address in this country and that is what keeps me awake at night. I will not be drawn further into this sideshow."

In reviewing the admonitions of Benjamin Franklin, the deliberations of those at the Constitutional Convention, and the definition long ago lost, but now found, we must now address the unmistakable intentions of the framers that have, for well over 200 years, been misinterpreted and misapplied.

We are in a situation where Trump, not Obama, will soon be facing relentless criticism for failing to permit full disclosure. Whatever other shortcomings one may attribute to Donald John Trump, his attempted ascension may well be aborted unless he demonstrates that he is a natural born citizen of this country. Show us the records Mr. Trump. What are you trying to hide?

Wednesday, April 20, 2011

Twisted - Praising with Faint Damns

David Brooks ("Why Trump Soars") is the portrait of the writer in a dispute with himself. Everything in his reasoned mind tells him that this abrasive rich man is nothing more than the ugliest of the ugly Americans. Considering Trump to be one of the "freely obnoxious", and like others "in the realm of the Upper Blowhardia" is not an endorsement. These are not the traits that we hope for in our children, in our peers, and we should certainly not find anything endearing about them in those who dangle the possibility of announcing for the presidency of our country. Yet somehow, Mr. Brooks tries to morph all this into an image of a man full of "boyish enthusiasm for glory".

Mr. Trump is nothing more than an opportunist, taking full advantage of a stage empty of Republican candidates, to foster his special brand of absurdity. The suggestion by Mr. Brooks that the object of his muted affection is "more at home with the immigrants and the lower middle-class strivers... than the members of the haute bourgeoisie" is sheer lunacy

Maybe Mr. Brooks would "never want to live in a country without people like" Trump but this is certainly not my idea of what America needs or wants if it hopes to sustain its greatness. There is nothing "soaring" about Mr. Trump, and my fervent wish is that we don't have to be subjected much longer to tortured logic, like that utilized by Mr. Brooks, giving rise to faint, and phony, praise.

Monday, April 18, 2011

An Uncivil Defense

"Let's Not Be Civil" is not a call to arms but rather a call to the Democrats to advocate for their fundamental policy positions. What we have seen, and come to expect, over the past 2 years, is a party that seems to compromise with itself even before it compromises with the other side. In the first major confrontation during the Obama presidency, the debate on health care reform, the single payer system might well have represented the Democratic vision, or at least its starting point. It never even saw the light of day. The watered down version of the Romney plan that remained at the end was the product of continuing concessions to the right. More was hoped for, particularly at a moment when both houses and the presidency were in Democratic control.

We have watched this pattern repeated time and again, most recently with the extension of the Bush era tax cuts and in the 2011 budget that reduces spending when an infusion of money is what we desperately need. There are large economic dilemmas looming in the near future, with debates on raising the debt ceiling and on the 2012 budget, and beyond, just warming up. President Obama has proven to be a person of compelling intellect, but not a wonderful negotiator. He has approached so many issues as if he is coming from a point of weakness. His "spirited defense of his party's values" was hopefully a sign that the Democrats, and their leader, will not so quickly abandon their core beliefs in the upcoming battles. An unwillingness to "fold" should not be considered uncivil. Just ask the Republicans.

Saturday, April 16, 2011

A Good Day Unexpected

This was not how I envisioned it. I began the long walk to the clubhouse, the start of my golf season finished after but 2 holes. My back was just not ready for the twists and turns of misfortune that the course would inflict upon me. Yet there was no sadness or frustration. It was sunny, with a slight breeze, and I knew that the next several hours would not be filled with the internal huffing and puffing that has become my golf game.

As Dennis and Elizabeth played on, I told them I would catch up later in the round. And so, on this early April day, I would spend the next 30 minutes going up and down very significant hills, with the purpose of advising those in charge that I had been defeated but 10 strokes (2 bogeys for anyone keeping score) in, and would kindly like a refund for the monies I had paid in anticipation of hours of mis-hit shots. As I passed group after group, hacking away and chasing mistakes left and right, short and long, I felt a little sadness. Not for me, but for them. For every triumph, I knew they had many tragedies ahead.

And so I eventually made it back from where I began. I was somewhat fatigued, as the pain was pretty persistent, at least on the uphill climbs. When I told those in charge of my travails, and showed them the soft brace around my waist to verify my tale, they reimbursed me every penny and wished me better days ahead. This was turning out better than expected.

I stopped to buy lunch for my group but realized I did not have the mental or physical fortitude to carry myself as well as sandwiches of tuna, ham and turkey (the only 3 options) along with several beverages back to where Dennis and Elizabeth would now be. I told my story to the person standing with the starter, and soon I was being carted back, food in hand, to rejoin the others.

And so, for the next 3 hours, I had a delightful time. I ate my lunch, watched and laughed as Elizabeth and Dennis tried and tried again to conquer the beast. There were wonderful moments, as Dennis narrowly missed a hole in one, and Elizabeth had a birdie putt lip out of the hole. And I could be a cheerleader, coach, friend and humorist, without being much less than that because I was brooding over how the gods had deserted me.

I realize this euphoria will not last. When I call the course to set the tee times for next week for the entourage, my name will not be among them. It will be a while before I wander out to the course again. And when I do return, it will be to measure myself up against the image of the golfer that I am not and will likely never be. But at least for one day, I can honestly say that I had fun. You know, after the second hole, I never hit one bad shot the rest of the day. It was, in many ways, the perfect round of golf.

Thursday, April 14, 2011

20-20 Vision

I applaud the President for having 20- 20 eyesight as he enunciated his "vision" for the future of our country. Like him, I see our universe through a very different prism than those on the Republican side of the aisle. But many of us who have heard the words before view them with a great deal of skepticism and concern.

Further,even in his strongest rebuke in many a day to those who would govern to the "needs" of the wealthy, the President's plan calls for most of the future pain to come from cuts to programs and not from enhanced tax revenue. We are still speaking the Republican party line that we need belt tightening rather than a combination of economic stimulus and more contributions from those with the most among us to propel this nation back from the brink. And we continue to focus our vision on tomorrow while the problems of today go seemingly unnoticed and unattended. The Republicans have managed not only to control what we discuss, but to take our eye off of what we should be concentrating on. If we can do better for those in our care right now, and get them back on their feet through aggressive government attempts to reinvigorate our work force, if we give them back their homes and their dignity, then quite possibly tomorrow they will help us eliminate what is made to appear as an overwhelming debt crisis.

It is encouraging that the man we first knew, the one who saw a better world for us and who was definite and defiant in his tone, emerged yesterday. We missed that man. But we are concerned he will disappear tomorrow, we are worried that his line in the sand will keep moving, as it has over the past 2 years, and we fear that we will continue to center the argument around the Republican muddled and distorted view of our nation. Prove my concern unjustified, Mr. President, please.

Tuesday, April 12, 2011

Threat Level 7

It has now received a rating on the International Nuclear Event scale at 7, meaning it involves "widespread health and environmental effects". No, it is not the impact of the nuclear disaster in Japan that is being analyzed, but the statements of some of those in the Republican party in possible opposition to raising our debt ceiling. From now on, I believe that every position enunciated by Boehner and the gang should be accompanied by a nuclear event warning label. "Position on immigration reform, a level 4 disaster. Position on extending Bush era tax cuts for the rich, level 5. Threat to shut down the government over the 2011 budget, level 6. And the tsunami of them all, threat to cause global calamity by refusing to raise the debt ceiling, level 7". We now have 3 events that have garnered this distinction, putting this potential catastrophe alongside Chrenobyl and Fukushima Daiichi .

We have warning labels on our products from cigarettes to Cialis. Why shouldn't we be entitled to fair notice each time the Republicans come out with some position that can be shown to cause harmful effects upon many in our society?