…Some Animals Are More Equal Than Others…

I got into a stupid flame was the other day on Facebook with a friend (and her commenters) She [A] posted the following to her wall:

If you think that putting up a mosque 600 ft. from ground zero and have the opening of the mosque on the anniversary of 9/11/11, is immoral, inhuman and a complete lack of respect for the memories of all that perished on that day and their survivors & that politicians are doing a grave injustice to the fallen heroes, their families and the people of New York City, THEN PLEASE COPY AND PASTE THIS TO YOUR WALL
The first commenter followed with
[B] its digusting its even a thought in someones head.....
I saw this and saw yet another vile, right-wing sponsored attack on civil liberties. I am not religious, and abhor religion. I think it perpetuates an evil upon the world that does incalculable damage to current and future generations. However, I do support the rule of law, and the Cordoba House people have the right to build there.

Continue Reading…Some Animals Are More Equal Than Others…

Debtors’ Prison Still A Reality?

According to a recent article by Chris Serres at the Minnesota Star Tribune, courts still order debtors to go to jail when they can't afford to pay a judgment. Not only are the national media largely unaware of this phenomenon, but The New Yorker published an article last April that characterizes debtors' prisons as a pre-20th Century institution, and describes the America as a refuge for debtors.

As many as two out of every three Europeans who came to the American colonies were debtors on arrival. Some colonies were, basically, debtors’ asylums. By the seventeen-sixties, sympathy for debtors had attached itself to the patriot cause.

Jill Lepore of The New Yorker goes on to describe how American treatment of debt has evolved to allow bankruptcy and why this is a good thing.

Debtors’ prison was abolished, and bankruptcy law was liberalized, because Americans came to see that most people who fall into debt are victims of the business cycle, and not of fate or divine retribution.

Even Wikipedia describes debtors' prisons as a thing of the past, or at least an unconstitutional one, according to this 2009 New York Times editorial, "The New Debtors' Prisons."

20th Century Debtors' Prison

Times have changed. To be sure, most Americans who are deep in credit card debt do not have bench warrants issued for their arrest. However, in Illinois, Indiana and other states, a person who's gotten a judgment entered against them can miss a court date and find themselves being hounded by the police.

What about the argument that defendants may owe the money they are being sued for, and should have gone to court? Perhaps the threat of jail is the only way to make them appear in court.

Reporters from The New York Times and The Federal Trade Commission have found that the collection industry is in dire need of repair, and cited numerous, ubiquitous problems. Some of these problems are startling. To wit:

[More . . . ]

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Rand Paul and the Libertarian Wrong

Rand Paul, senate hopeful for Kentucky, made a fool of himself with remarks about the 1964 Civil Rights Act and racism and affirmative action et cetera et cetera so on and so forth. If Kentucky votes him into office, they get what they deserve. There was a brief moment when I thought Ron Paul was worthy of some respect—he seemed willing to speak truth to power. I found that I disagreed with him on specifics, but it is useful (and rare) to have someone doing the Emperor’s New Suit schtick. However, anyone who names a child after an ideological demagogue has some serious problems with reality. (To be clear, Rand, under the circumstances, can only refer to Ayn Rand, the patron non-saint of the Libertarian Movement.) Rand’s pronouncements about the rights of business owners to deny service to anyone they see fit is perfectly consistent with Randian philosophy and politics. Basically, it says that the person whose name is on the title owns what the title describes outright and has, by dint of absolute moral dictate, dictatorial command over said property and ought to be allowed to do with it what they wish. Without explanation to anyone and certainly without anyone else’s permission. Sounds good, doesn’t it? I mean, you worked for it, you sweated, earned the means of acquisition, put your name and fortune on the line to own it, worked to make it do what you intended, you should therefore enjoy all rights and privileges in the say of what to do with it. Your home, your rules. There’s a feel-good quid pro quo to it that appeals a basic sense of fairness, suggests a rough equivalence between work and risk and rights. This is fundamental to Ayn Rand’s whole premise, that the creator, the mind behind creation, the one who brings something into existence is the one who has the only natural say in what that thing so created can and will do and who it shall serve. For an avowed atheist, Rand had a very mythic, godlike attitude toward life. And I suppose if you could somehow make the case that a single individual did indeed create something from whole cloth and by virtue of his or her singular efforts sustained it and drove it and made it successful, there might be a good and valid point to this view. But is that ever the case? Rand’s famous tome, Atlas Shrugged, makes the argument that the movers and shakers, the people who Do, are absolutely vital to the world. Nothing would exist without them and if they should withdraw their talent and genius and effort, the world would come to a halt. She makes the case for the Indispensible Man. And in the novel (for those of you who have not read it), a man named John Galt, fed up with the growing People’s Movements around the world, which he sees as essentially parasitic, calls a strike of the truly important people. He convinces the men and women who truly matter to leave the world, retire, disappear, and when they have all left, it seems no one can do what they did, and everything falls apart. The final image shows them emerging from their high-tech hideaway to assume command as the true and rightful aristocracy of ability. It is, in her narrative, a very small group. [More . . . ]

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Federal Court rules that the “National Day of Prayer” violates the First Amendment Establishment Clause

Yesterday, I received an email from the Center For Inquiry indicating that, in 2008, Freedom From Religion Foundation had filed a lawsuit (Freedom from Religion Foundation, Inc v. Obama) to prevent the federal government from declaring a “National Day of Prayer.” The U.S. District Court, Judge Barbara B. Crabb of the Western District of Wisconsin, struck down 36 U.S.C. §119, which establishes a yearly National Day of Prayer. Here’s the text of the statute:

The President shall issue each year a proclamation designating the first Thursday in May as National Day of Prayer on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.

As discussed in the Court’s Opinion, the National Day of Prayer was established in part, due to the efforts of Reverend Billy Graham in 1952. One of Graham’s speeches included the following:

We have dropped our pilot, the Lord Jesus Christ, and are sailing blindly on without divine chart or compass, hoping somehow to find our desired haven. We have certain leaders who are rank materialists; they do not recognize God nor care for Him; they spend their time in one round of parties after another. The Capital City of our Nation can have a great spiritual awakening, thousands coming to Jesus Christ, but certain leaders have not lifted an eyebrow, nor raised a finger, nor showed the slightest bit of concern. Ladies and gentlemen, I warn you, if this state of affairs continues, the end of the course is national shipwreck and ruin.

Congress then took the reins, lead by [appropriately named] Representative Percy Priest, who introduced a bill to establish a National Day of Prayer. Here is the Court’s description:

In addressing the House of Representatives, he noted that the country had been “challenged yesterday by the suggestion made on the east steps of the Capitol by Billy Graham that the Congress call on the President for the proclamation of a day of prayer.” In support of the bill, Representative Brooks stated that “the national interest would be much better served if we turn aside for a full day of prayer for spiritual help and guidance from the Almighty during these troublous times. I hope that all denominations, Catholics, Jewish and Protestants, will join us in this day of prayer.” Representative Peter W. Rodino, Jr., stated that “it is fitting and timely that the people of America, in approaching the Easter season, as God-fearing men and women, devote themselves to a day of prayer in the interest of peace.”

[The Court added a footnote: "This part of the report is not accurate. 1 Marsh v. Chambers, 463 U.S. 783, 787(1983) (“[P]rayers were not offered during the Constitutional Convention.”] I downloaded the entire ruling from the federal district court in pdf format and I’m making it available here. The Plaintiff argued that Plaintiff the statute is unconstitutional “because it endorses prayer and encourages citizens to engage in that particular religious exercise.” [More . . . ]

Continue ReadingFederal Court rules that the “National Day of Prayer” violates the First Amendment Establishment Clause