Tags: 1969, beatles, california, Charles A. Beard, class warfare, death penalty, history, politics, Progressivism, Republicanism, revolution, US Constitution
To Beard, the Constitution was a counter-revolution, set up by rich bond holders (bonds were “personal property”), in opposition to the farmers and planters (land was “real property.”) The Constitution, Beard argued, was designed to reverse the radical democratic tendencies unleashed by the Revolution among the common people, especially farmers and debtors (people who owed money to the rich). In 1800, said Beard, the farmers and debtors, led by plantation slaveowners, overthrew the capitalists and established Jeffersonian democracy.
Other historians supported the class-conflict interpretation noting the states confiscated great semifeudal landholdings of Loyalists and gave them out in small parcels to ordinary farmers. Conservatives such as William Howard Taft were shocked at the Progressive interpretation because it seem to belittle the Constitution. History professors, however, mostly adopted it and by 1930 it became the standard interpretation of the era among them, but was largely ignored by the legal community.
Beginning about 1950 revisionist historians argued that the progressive interpretation was factually incorrect.
The Progressive interpretation of the era was largely replaced by the intellectual history approach that stressed the power of ideas, especially republicanism in stimulating the Revolution.
I would certainly agree that the country’s founders were motivated by ideals of liberty and individual rights, but that does not preclude motivations of economic bias.
A California study in 1969 revealed that the death penalty was imposed in only 4.8% of murder cases with “white collar” defendants but was imposed in 42% of cases that had “blue collar” defendants.
It’s hard to get away from the fact that there is an inherent belief that money equals virtue.
Tags: David Margolis, eric holder, Jay Bybee, John Yoo, justice department, torture memos
Despite the headlines you’ll see, the report from the Office of Professional Responsibility (OPR) did not in any way clear Yoo or Bybee. It recommended referral to state bar disciplinary authorities by whom Yoo and Bybee are now licensed.
The OPR report concluded that “two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics.”
Who is this man who is protecting John Yoo and Jay Bybee by blocking the Justice Department from making referrals that could result in their disbarment and loss of their current employment?
I used the Google and here is what I found:
It appears that Margolis has been used on a number of occasions to clean up a mess for the Justice Department. In March 2007 Margolis defended the firing of one of the nine US Attorneys at about the same time that Monica Goodling hit the front page. Some apparently took it for granted that because he was not a Bush hire, he was “clearly a ‘Clean’ player.” I would have to agree with those less inclined to view him so favorably.
His participation in the prosecution of former Alabama Governor Don Siegelman seemed a bit stinky:
After ethics complaints were brought to the Justice Department, Leura Canary was nominally removed from the case. But in a circumvention of normal Justice Department rules approved by Associate Deputy Attorney General David Margolis, she was allowed to pick one of her deputies to manage the case against Siegelman in her stead. Canary represented to Congress that she removed herself from the case “before any significant decisions” had been reached. Now internal communications have been disclosed within Canary’s own office calling into question these claims.
As to Margolis, it seems to me that he had an assigned role here — to provide a veneer of respectability to an expediency. We are left with the question: why is the Obama administration once again protecting members of the Bush crime family?
UPDATE: Isn’t it lovely that the Obama administration had someone with credibility already in the DOJ to whitewash the final results.
“OPR’s own analytical framework defines ‘professional misconduct’ such that a finding of misconduct depends on application of a known, unambiguous obligation or standard to the attorney’s conduct,” [Margolis] wrote. “I am unpersuaded that OPR has identified such a standard.”
The investigation was apparently political theater, perhaps to mollify those calling for investigations that will not happen during this administration of crimes committed by the Bush administration. They should have saved themselves the trouble.
UPDATE: “Rep. Jerrold Nadler (D-NY) has forwarded materials on the writing of the torture memos to state bars where John Yoo and Jay Bybee are licensed, calling on the bar association to consider possible disciplinary action, Nadler’s office announced today.“
Tags: Campaign to Legalize Democracy, Citizens United v. Federal Election Commission, Constitutional amendment, Democracy Unlimited of Humboldt County, Independent Progressive Politics Network, Liberty Tree Foundation for the Democratic Revolution, Ultimate Civics, US Constitution
Campaign to Legalize Democracy, a coalition of Democracy Unlimited of Humboldt County (DUHC), the Independent Progressive Politics Network (IPPN), the Liberty Tree Foundation for the Democratic Revolution (Liberty Tree), Ultimate Civics, and others, is gathering signatures in support of a Constitutional amendment declaring that only “human beings, not corporations, are persons entitled to constitutional rights.”
Please go sign the petition today.
Tags: Citizens United v. Federal Election Commission, march on Washington DC, Memorial Day, protest march, Supreme Court
I’m beyond tired of the bullshit that’s going on. The complete and utter failure of the Democrats to grow a set of balls has me completely torqued.
We have all suffered through another year of Congressional Democrats kowtowing to the Party of No while sniffing the panties of Joe Lieberman and the Blue Dogs.
I think it’s time for the Dirty Fucking Hippies, the Socialists, the Communists and the Death Panel boosters to litter the Washington Mall.
Memorial Day weekend would be the perfect time, being warm enough to sleep outside. I certainly can’t afford a hotel. Shit, I will be lucky if I can afford the gas to get there and back.
Now that the Supreme Court has turned the country over to corporations, this may be our last opportunity to let these fucking assholes know how righteously pissed off we are.
Who’s with me?
Tags: Citizens United v. Federal Election Commission, corporate overlords, Supreme Court, terrorism
It’s official. Corporations may now openly buy seats in the House, Senate, governorships and the White House.
The court on Thursday overturned a 20-year-old ruling that said corporations can be prohibited from using money from their general treasuries to pay for campaign ads. The decision almost certainly will also allow labor unions to participate more freely in campaigns and threatens similar limits imposed by 24 states.
The justices also struck down part of the landmark McCain-Feingold campaign finance bill that barred union- and corporate-paid issue ads in the closing days of election campaigns.
The illusion that ours was a government of, for and by the people has been thrown aside. We are now officially a government of, for and by Our Corporate Overlords.
Sporting of them to “almost certainly … allow labor unions to participate.”
Vodpod videos no longer available.
UPDATE: You don’t suppose Roberts, Kennedy, Alito, Scalia and Thomas are currying favor with those who have threatened violence against judges who step out of line, do you?
Tags: Antonin Scalia, Benjamin Franklin, First Amendment, Jean Leon Gerome Ferris, John Adams, religion, religious extremism, thomas jefferson, US Constitution, US Supreme Court
Supreme Court Justice Antonin Scalia chatted with the Brooklyn-based Orthodox Jewish newspaper Hamodia this week, and reiterated his opposition to the principle of government neutrality on religion. The conservative jurist said he believes the government should prefer religion to non-religion, state neutrality on religious matters, he said, “is not an accurate representation of what Americans believe.” Scalia added, “I am not sure how Orthodox Jews feel about the Establishment Clause, but I assume they do not like driving God out of public life.”
Apparently Supreme Court Justice Scalia is not altogether in agreement with the First Amendment which reads in part:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
The war on a secular society by the Right continues.
You can read the full interview in Hamodia here.
Tags: SCOTUS, Sonya Sotomayor, Supreme Court
Judge Sonya Sotomayor, born in the Bronx, New York in 1954, was confirmed today as the 111th Justice of the Supreme Court by a 68-31 vote of the Senate.
She will be administered the oath of office in the next several days, with a formal ceremony to be held in September.
Congratulations to all.
Tags: community organizer, Supreme Court nomination
Thanks, Kiss My Big Blue Butt!
PERRspectives has up a post about the dangerous right-wing war on the United States Justice system that you should go read.
On Tuesday, former Supreme Court Justice Sandra Day O’Connor appeared on the Daily Show with Jon Stewart to promote OurCourts.org, her new online civics education project. But while O’Connor’s goal is to counter alarming statistics including “only a third of Americans can name the three branches of government,” her understandable motivation was the growing right-wing war on American judges. After all, amidst the incendiary rhetoric of John Cornyn, Tom Delay and other conservative leaders, Justice O’Connor was among those receiving death threats.