Stunning photo: What happened here, 795 years ago?

December 5, 2010

Runnymede, Magna Carta Isle, photo by Wyrdlight, Antony McCallum, 2008 (Wikimedia)

What event critical to western history and the development of the democratic republic in the U.S. happened here in 1215?

A teacher might use some of these photos explaining the steps to the Constitution, in English law and the heritage of U.S. laws.  Other than the Magna Carta, all the events of Runnymede get overlooked in American studies of history. Antony McCallum, working under the name Wyrdlight, took these stunning shots of this historic meadow.  (He photographs stuff for studies of history, it appears.)

Maybe it’s a geography story.

View of Runnymede Meadow from Engham Village -- Wyrdlight photo through Wikimedia

View of Runnymede Meadow from Engham Village -- Wyrdlight photo through Wikimedia

Several monuments to different events of the past millennium populate the site.  The American Bar Association dedicated a memorial to the Magna Carta there — a small thing open to the air, but with a beautiful ceiling that is probably worth the trip to see it once you get to England.

Wikipedia explains briefly, with a note that the ABA plans to meet there again in 2015, the 800th anniversary of the Great Charter:

Magna Carta Memorial


The Magna Carta Memorial & view towards the ‘medes’


Engraved stone recalling the 1985 ABA visit

Situated in a grassed enclosure on the lower slopes of Cooper’s Hill, this memorial is of a domed classical style, containing a pillar of English granite on which is inscribed “To commemorate Magna Carta, symbol of Freedom Under Law”. The memorial was created by the American Bar Association to a design by Sir Edward Maufe R.A., and was unveiled on 18 July 1957 at a ceremony attended by American and English lawyers.[5]

Since 1957 representatives of the ABA have visited and rededicated the Memorial renewing pledges to the Great Charter. In 1971 and 1985 commemorative stones were placed on the Memorial plinth. In July 2000 the ABA came:

to celebrate Magna Carta, foundation of the rule of law for ages past and for the new millennium.

In 2007 on its 50th anniversary the ABA again visited Runnymede and during the convention installed as President Charles Rhyne who devised Law Day which seeks in the USA an annual reaffirmation of faith in the forces of law for peace.

The ABA will be meeting at Runnymede in 2015 on the 800th anniversary of the sealing of the original charter.

The Magna Carta Memorial is administered by the Magna Carta Trust, which is chaired by the Master of the Rolls.[10]

In 2008, flood lights were installed to light the memorial at night, but due to vandalism they now lie smashed.

I’ll wager the lights get fixed before 2015.

Detail of ceiling of the Magna Carta Memorial, Runnymede - Wikimedia image

Detail of ceiling of the Magna Carta Memorial detailing play of light, and star pattern, Runnymede - Wikimedia image

More, resources:


Quote of the moment: 1971, U.S. Court of Appeals for the District of Columbia orders a review of the safety of DDT

November 23, 2010

Excerpted from ENVIRONMENTAL DEFENSE FUND, INCORPORATED et al., Petitioners, v. William D. RUCKELSHAUS, Administrator of the Environmental Protection Agency & Environmental Protection Agency, Respondents, Izaak Walton League of America, Montrose Chemical Corporation of California, State of New York, Intervenors, 439 F.2d 584 (1971); Chief Judge David L. Bazelon wrote the decision.

This is a petition for review of an order of the Secretary of Agriculture,1 refusing to suspend the federal registration of the pesticide DDT or to commence the formal administrative procedures that could terminate that registration.

Born in Wisconsin, David L. Bazelon grew up in Chicago and practiced law there. In 1949, President Truman named him to the United States Court of Appeals for the District of Columbia Circuit, often described as the country's most influential court, next to the Supreme Court. At 40, he was the youngest judge ever appointed to that court. From 1962-1978 he served as chief judge, retiring in 1986 as a senior judge.

*      *      *      *      *

We conclude that the order was based on an incorrect interpretation of the controlling statute, and accordingly remand the case for further proceedings.  In this case the Secretary has made a number of findings with respect to DDT. On the basis of the available scientific evidence he has concluded that (1) DDT in large doses has produced cancer in test animals and various injuries in man, but in small doses its effect on man is unknown; (2) DDT is toxic to certain birds, bees, and fish, but there is no evidence of harm to the vast majority of species of nontarget organisms; (3) DDT has important beneficial uses in connection with disease control and protection of various crops. These and other findings led the Secretary to conclude ‘that the use of DDT should continue to be reduced in an orderly, practicable manner which will not deprive mankind of uses which are essential to the public health and welfare. To this end there should be continuation of the comprehensive study of essentiality of particular uses and evaluations of potential substitutes.’38

There is no reason, however, for that study to be conducted outside the procedures provided by statute. The Secretary may, of course, conduct a reasonable preliminary investigation before taking action under the statute. Indeed, the statute expressly authorizes him to consult a scientific advisory committee, apart from the committee that may be appointed after the issuance of a cancellation notice.39 But when, as in this case, he reaches the conclusion that there is a substantial question about the safety of a registered item, he is obliged to initiate the statutory procedure that results in referring the matter first to a scientific advisory committee and then to a public hearing. We recognize, of course, that one important function of that procedure is to afford the registrant an opportunity to challenge the initial decision of the Secretary. But the hearing, in particular, serves other functions as well. Public hearings bring the public into the decision-making process, and create a record that facilitates judicial review.40 If hearings are held only after the Secretary is convinced beyond a doubt that cancellation is necessary, then they will be held too seldom and too late in the process to serve either of those functions effectively.

The Secretary’s statement in this case makes it plain that he found a substantial question concerning the safety of DDT, which in his view warranted further study. Since we have concluded that that is the standard for the issuance of cancellation notices under the FIFRA, the case must be remanded to the Secretary with instructions to issue notices with respect to the remaining uses of DDT, and thereby commence the administrative process.

*        *        *        *        *

We stand on the threshold of a new era in the history of the long and fruitful collaboration of administrative agencies and reviewing courts. For many years, courts have treated administrative policy decisions with great deference, confining judicial attention primarily to matters of procedure.48 On matters of substance, the courts regularly upheld agency action, with a nod in the direction of the ‘substantial evidence’ test,49 and a bow to the mysteries of administrative expertise.50 Courts occasionally asserted, but less often exercised, the power to set aside agency action on the ground that an impermissible factor had entered into the decision, or a crucial factor had not been considered. Gradually, however, that power has come into more frequent use, and with it, the requirement that administrators articulate the factors on which they base their decisions.51

Strict adherence to that requirement is especially important now that the character of administrative litigation is changing. As a result of expanding doctrines of standing and reviewability,52 and new statutory causes of action,53 courts are increasingly asked to review administrative action that touches on fundamental personal interests in life, health, and liberty. These interests have always had a special claim to judicial protection, in comparison with the economic interests at stake in a ratemaking or licensing proceeding.

To protect these interests from administrative arbitrariness, it is necessary, but not sufficient, to insist on strict judicial scrutiny of administrative action. For judicial review alone can correct only the most egregious abuses. Judicial review must operate to ensure that the administrative process itself will confine and control the exercise of discretion.54 Courts should require administrative officers to articulate the standards and principles that govern their discretionary decisions in as much detail as possible.55 Rules and regulations should be freely formulated by administrators, and revised when necessary.56 Discretionary decisions should more often be supported with findings of fact and reasoned opinions.57 When administrators provide a framework for principled decision-making, the result will be to diminish the importance of judicial review by enhancing the integrity of the administrative process, and to improve the quality of judicial review in those cases where judicial review is sought.

Remanded for further proceedings consistent with this opinion.

(President Nixon’s Secretary of Agriculture Clifford M. Hardin reviewed DDT regulations and decided no further action was required — since 1958, USDA had been reducing and eliminating DDT from use on USDA lands, as was the Department of the Interior.  Environmental Defense Fund sued, arguing more action should have been required.  In a complex decision, the U.S. Court of Appeals for the District of Columbia ordered more study of the issue.  By the time of the decision, the Environmental Protection Agency (EPA) had been established, and EPA Director William D. Ruckelshaus took Hardin’s place as defendant, with EPA assuming USDA’s position as defendant agency.  EPA’s review resulted in a ban on use of DDT on crops in the U.S.)

Some historians and many critics of EPA’s decision to ban DDT from agricultural use in the U.S. fail to acknowledge the importance of this ruling.  Judge Bazelon said that great caution alone is not sufficient on the part of administrators, and he ordered that the evidence against DDT be placed on the public record for public scrutiny.  “Public scrutiny” in this case would mean analysis by scientists, pesticide manufacturers, farming and farm support organizations, health workers, policy makers, and reporters.

On one hand, this decision tends to favor DDT advocates.  Judge Bazelon said the administrator in charge of carrying out FIFRA, the Federal Insecticide, Fungicide and Rodenticide Act, must give advocates of DDT the basis for the ruling: “On the basis of the available scientific evidence he has concluded that (1) DDT in large doses has produced cancer in test animals and various injuries in man, but in small doses its effect on man is unknown; (2) DDT is toxic to certain birds, bees, and fish, but there is no evidence of harm to the vast majority of species of nontarget organisms; (3) DDT has important beneficial uses in connection with disease control and protection of various crops.”

On the other hand, Bazelon’s order means that the significant harms of DDT must  be spelled out in public — so that the administrator’s ruling can be contested if it does not do what FIFRA requires.  In other places in the decision, Judge Bazelon notes that Congress had required, through FIFRA, that a pesticide determined to be uncontrollably dangerous must be taken off the market, under the justification that it was “mislabeled.”  Lower courts had already made that determination on DDT.  Bazelon’s order set the stage to require the administrator to ban DDT as a matter of law — the administrator being  the Secretary of Agriculture originally, or the Director of EPA under the reorganization of the government that created EPA .

Critics of William Ruckelshaus’s decision to ban DDT miss this point of the law.  Under the findings of the nearly year-long hearing in EPA’s administrative law courts, DDT was found to be an uncontrollable poison in the wild.  FIFRA required such a pesticide to have its registration cancelled, with very little wiggle room to make a case for any continued use of the stuff.  Ruckelshaus’s action stopped the immediate shutdown of DDT manufacturing in the U.S.   This proved to be a mixed benefit decision.  While the U.S. benefited financially from export of DDT, that the U.S. exported a chemical banned for most uses inside the U.S. proved to be a sore point in foreign relations with other nations; also most of the manufacturing sites were highly contaminated, so much so that the manufacturers declared bankruptcy rather than stick around to clean them up under the rules of the Superfund which took effect in 1984.  Taxpayer dollars now pay for massive cleanup operations of DDT manufacturing sites in California, Michigan, and Alabama, and other places.


You have a friend in the Bill of Rights Institute . . .

November 3, 2010

. . . or should have.

Bill of Rights Institute

Click here, "friend" the Bill of Rights Institute

Bill of Rights Institute does good work.  They’re looking for a few friends on Facebook — they want at least 2,010 friends by the end of 2010.

They’re over 1,100 now.  Go see if you can’t get them to their goal by the end of the week, eh?  If you’re on Facebook, go give them the thumbs up.

 


New blog: Bill of Rights Institute

October 30, 2010

Have you found the blog of the Bill of Rights Institute yet?

Teachers especially, bookmark A More Perfect Blog.

They’re suitable for school, but they are not ducking issues — see the post on the First Amendment and NPR’s firing of Juan Williams.  See the post on Juan Williams talking about what it means to be an American.

Mast for Bill of Rights Institute Blog


Texas Attorney General refuses to enforce the law

September 13, 2010

Here’s a good reason to vote him out this fall:  Texas Attorney General Greg Abbott officially notified the federal government he won’t enforce clean air laws.  (Rude letter that follows, here.)

Can you imagine the contretemps had he announced he won’t enforce federal immigration laws, nor support their enforcement by federal officials?

Abbott is once again putting politics far, far ahead of science, no matter how it damages Texas (Texas pays premiums in home insurance already because of damage from global warming).

If it’s something in the water that generates such craziness, I hope it enters the water systems well south of Dallas.

Abbott’s opponent is a well-respected, deeply experienced, honorable attorney named Barbara Ann Radnofsky.  Almost every big polluting corporation in America is supporting Abbott.  You may want to consider that as you contribute to candidates this week (hurry!), and as you vote this fall.

More information, more resources:

Hard shake of the old scrub brush to Texas Climate News.


Yet another blow against warming “skeptics”: Virginia judge quashed Cuccinelli’s witch hunt

September 2, 2010

Vivian Paige pulled together early reports and the actual court documents:  A judge in Virginia quashed the subpeona issued by Virginia’s Attorney General Ken Cuccinelli to the University of Virginia, in a rather blatant attempt to silence a famous scientist working on global warming, Michael Mann.

Rosalind Helderman explained in the Virginia Politics blog of the Washington Post:

Judge Paul M. Peatross Jr. ruled that Cuccinelli can investigate whether fraud has occurred in university grants, as the attorney general had contended, but ruled that Cuccinelli’s subpoena failed to state a “reason to believe” that Mann had committed fraud.

The ruling is a major blow for Cuccinelli, a global warming skeptic who had maintained that he was investigating whether Mann committed fraud in seeking government money for research that showed that the earth has experienced a rapid, recent warming. Mann, now at Penn State University, worked at U-Va. until 2005.

According to Peatross, the Virginia Fraud Against Taxpayers Act, under which the civil investigative demand was issued, requires that the attorney general include an “objective basis” to believe that fraud has been committed. Peatross indicates that the attorney general must state the reason so that it can be reviewed by a court, which Cuccinelli failed to do.

Peatross set the subpoena aside without prejudice, meaning Cuccinelli could give the subpoena another try by rewriting the civil demand to better explain the conduct he wishes to investigate. But the judge seemed skeptical of Cuccinelli’s underlying claim about Mann, noting that Cuccinelli’s deputy maintained in a court hearing that the nature of Mann’s fraud was described in subsequent court papers in the case.

“The Court has read with care those pages and understands the controversy regarding Dr. Mann’s work on the issue of global warming. However, it is not clear what he did was misleading, false or fraudulent in obtaining funds from the Commonwealth of Virginia,” Peatross wrote.

Also, as suggested earlier here, the judge noted that Cuccinelli’s authority did not extend to four of the five grants questioned, because they were federal grants, not state grants.  (See here, too.)

Comments at Helderman’s article show the fault lines of division on global warming — purely political faultlines.

Since opponents of action against warming so frantically publicized stolen e-mails from researchers late last year, in official proceedings scientists have smacked down skeptics on almost every issue.

Which only means that scientists now sit in the position of Cassandra after Apollo’s curse.


Cagle Cartoons gets trite, and wrong

August 19, 2010

I’m a great lover of political cartoons and political cartooning, of all stripes.  Great truths sneak out of the pens that produce stunned laughter in a reader (viewer), I think, especially when they stun me into a new realization.

Political cartooning stumbles along through hard times.  Where once upon a time a major U.S. city, like St. Louis, would have three or more daily newspapers, each of which would employ more than one cartoonist, the newspapers themselves disappear (more slowly this year, but no new ones have been birthed, either), and those few surviving newspapers try to get along with one or fewer political cartoonists, and they even reduce the number of syndicated cartoons.

Where U.S. history teachers revel in the glorious images and humor of Thomas Nast (even though he was a Republican sympathizer), Thomas Keppler, Berryman, Ding Darling, Herblock, Bill Mauldin, and other bright cartoonists of the 19th and 20th centuries, Daryl Cagle has gallantly tried to preserve the profession and the art, with a group that spreads cartoons of a lot of cartoonists employed by papers or free-lancing.

I subscribe to the electronic newsletter of Cagle Cartoons.  I’ve found their processes for getting approval not to work well for me (or work at all — I have yet to get any response on any cartoon I’ve asked them about).  But I hope cartoonists like the brilliant Sherffius, or Calvin Grondahl from my almost-native Utah, get enough additional exposure to make them comfortable and keep the cartooning.

Lately I’ve been despairing.  Cagle added columns by cartoonists and others.  Most of that material tends toward hard conservatism, I find, and lack of reportorial and intellectual rigor.

Like this piece of guano from a reporter named Phil Brennan. Oh, we should have expected it to be  lightweight, his being a regular contributor to the disinformation source NewsMax.

But still.

Brennan argues that birthers should give up on their challenges to Obama’s eligibility, because of the chaos that would be caused were Obama to be replaced by John McCain so far into an administration.  (Yeah — just hold on.  I know.)  All the laws Obama signed would be nullified, Brennan wrote, all his appointments nullifed, and the slate wiped clean for McCain and Palin to occupy the White House. Obama’s defended his birth in a U.S. territory successfully so far, so birthers should give up trying for change.

Just for a moment, imagine that the Court does its job and it turns out that Obama can’t come up with a legitimate birth certificate showing that he was indeed born on U.S. soil in what was then the territory of Hawaii, and the Court declares that he is therefore ineligible to serve as the nation’s chief executive.

Should that be the case nothing that he has done, no appointments that he has made nor executive orders he issued would be valid. And under the provisions of the Constitution, John McCain would be declared the legitimate President of the United States and Sarah Palin the Vice President starting with Inauguration Day, 2009.

It might cause a civil war, Brennan says.

Mr. Brennan:  I know the U.S. Constitution.  I’ve read the U.S. Constitution.  The U.S. Constitution is a friend of mine.  What you describe is not in the Constitution, and doesn’t bear any resemblance to reality.

Here’s the comment I posted to Brennan’s piece at Cagle Cartoons:

A couple of fact checking issues here:

1. Hawaii was a state in 1961, not a territory. Hawaii became a state in August 1959.

2. Under the Constitution and federal laws on succession, if the person at the top of the ticket becomes ineligible to serve, the person next in line in succession becomes president. Were Obama declared ineligible, we’d have President Joe Biden.

3. There is no provision to nullify laws and directives of a federal officer later found ineligible for the office. Under pretty well-established law, all of those actions stand unless repealed later. Congressional actions, especially, would not be rolled back. All appointments stand.

4. Obama has already provided unassailable proof of his birth. Under the full faith and credit clause of the Constitution, all states and the federal government must honor official actions of the states. Hawaii issued, under seal, a document verifying that Barack Obama was born in Honolulu in 1961. “Under seal” is the highest authority we can give a document under statutory and common law — it’s got more than 800 years of precedent behind it. The only possible way to get at a document under seal is to provide clear and convincing evidence of fraud on the state. There is no showing of any fraud that stands up in court, under Hawaii or federal rules of evidence.

In short, almost everything stated as fact for the premises of that piece, is fiction.

Bad enough that joints like the Discovery Institute, NewsMax, the Washington Times and others have fired all their fact checkers — but shouldn’t a high school-educated person know better?  Is there no editing at Cagle Cartoons at all?


Can’t dance to it, but can you learn with it?

July 14, 2010

It’s an awkward scene.  John Goodman has a lousy role (and I’m not fond of the direction for him or Melanie Griffith here).  I’ve never seen the movie, “Born Yesterday,” and I don’t know the context.

But ten important amendments to the Constitution, to the tune of “The Twelve Days of Christmas,” a potentially useful mnemonic device for your U.S. history, and government students; it’s mostly accurate:

There is some skipping around —  the song covers the First, Second, Fourth, Fifth, and Sixth Amendments, then skips to the Thirteenth, Fifteenth, Sixteenth, Eighteenth, and Nineteenth Amendments.  The First Amendment’s five freedoms are covered completely, other amendments not so much.

The actor in the scene, playing the senator who sings the Fifteenth Amendment, is former Tennessee U.S. Sen. Fred Thompson.  Thompson staffed the Watergate Committee chaired by Sen. Sam Ervin of North Carolina, earlier — wouldn’t it be interesting to hear his views on this scene, and song, and what other tricks he may have encountered in the Senate, from Sen. Ervin, or the late Sen. Robert C. Byrd?

It’s not Schoolhouse Rock, but it’s really very good.  Everything covered in the song is in Texas TEKS, but some things skipped, like the Fourteenth Amendment, are also required.  Can you use it in your classes?

And by the way, does anyone know a rap for the Bill of Rights?

Tip of the old scrub brush to the Facebook status of the Bill of Rights Institute.


Creationism crash covered

June 24, 2010

Judge Sam Sparks’ rebuke of the Institution for Creation Research (“Biblical.  Accurate.  Certain.”)  appeared in a number of venues, in addition to those I mentioned earlier (go see here); for the record, you ought to go see:

An ICR spokesperson sent the following statement via e-mail:

The Institute for Creation Research has received the ruling of Judge Sam Sparks from the U.S. District Court in Austin in the case ICR Graduate School v. Texas Higher Education Coordinating Board et al. The attorneys and leadership of ICR associated with this case are currently reviewing Judge Sparks’ ruling and we are weighing our options regarding future action in this matter.  In addition to other options, ICRGS has 30 days in which to file an appeal with the 5th Circuit Court of Appeals. ICR has no further comment at this time.


Institute for Creation Research loses bid to give creationism degrees in Texas

June 22, 2010

Remember the Institute for Creation Research?

Institute for Creation Research offices in Texas

Institute for Creation Research offices in Texas

This hoary old fundamentalist institution moved from California to Texas, hoping to take advantage of the generally fundie-friendly environment, and continue a practice of granting masters and doctorate degrees in science education to people who would get jobs in schools and teach creationism instead.  They had achieved that goal in California with a lawsuit the state regulators rather botched, and by setting up a special accreditation association that would give a pass to the teaching of non-science.

But when they got to Texas, the Texas Higher Education Coordinating Board (THECB) had a couple of alert people who blew the whistle on the process of getting a permit to grant degrees.  Real scientists and science educators were brought in to evaluate ICR’s programs.  They said the programs were not scientific and do not deserve to be accredited.

THECB stuck to the rulesICR threatened a lawsuit.  THECB stood fast.

ICR sued.

And then God intervened. At God’s instructions ICR filed legal papers so bizarre that they would, by themselves, expose ICR as a wacko group.  ICR’s loss came on the merits of their case, which were nil — it was summary judgment against ICR.  Summary judgment means that, even with all the evidence decided in favor of the losing party, that party loses on the basis of the law.

The court took note of just how bizarre were the papers ICR filed.  Frosting on the cake of embarrassment.

Judge Sam Sparks, in the U.S. District Court for the Western District of Texas, Austin Division, stopped short of admonishing ICR for the briefs, and instead sifted the briefs to find judiciable claims — an act that will probably prevent ICR from getting a friendly hearing in any appeal.  Sparks wrote:

Having addressed this primary issue, the Court will proceed to address each of ICRGS’s causes of action in turn, to the extent it is able to understand them. It appears that although the Court has twice required Plaintiff to re-plead and set forth a short and plain statement of the relief requested, Plaintiff is entirely unable to file a complaint which is not overly verbose, disjointed, incoherent, maundering, and full of irrelevant information.

Whom God destroys, He first makes mad.

Sparks ruled ICR has no free exercise right to grant non-science degrees, no free speech right, and no due process claim to grant them, either.  ICR lost on every count of their complaint.

More:

_______________

Cartoon on ICR suit against Texas, Babble.com

From Babble.com (Do you know who is the cartoonist?)


Stupid math tricks: Judge’s innumeracy screws defendant

June 4, 2010

Had difficulty with fractions in third grade, did you?

 

Fractions, shown on a cake  - 1/4 and 1/2

Which is larger, 1/4, or 1/2?

Nothing like the judge in this story, I’m sure.  From the depths of Europe, Zeno details how a judge’s seeming infacility with numbers took an injustice against a petitioner in his court, and made it worse.

It’s the sort of error you’d expect of a third-grade kid who hasn’t watched enough “Sesame Street.”  Which of these fractions is larger?  1/5, or 1/6?

Is the judge really that dumb, or is this an elaborate, sarcastic hoax on the petitioner?

Math teachers, can you use this to show the importance of learning math well enough to do simple math functions mentally, without paper and calculator?

While you’re at Zeno’s place, Halfway There, look around. Zeno writes well, has good stories to tell, and you could learn a lot about a lot of things — you know, just by observing.


Stupid teacher tricks: No, teachers can’t lead prayers

May 26, 2010

What devilry gets into a tiny few teachers to make them think they alone are immune from the First Amendment?

In a public classroom, teachers are the government.  They may not lead prayers, not even if all the students consent.

Down in Meadville, Mississippi, a Franklin County High School teacher, Alice Hawley,  lost her teaching contract because she led daily prayers in her classes.

She agreed to stop the illegal practice, and has been invited back.

I understand fans on Facebook have come unglued.  I haven’t found that link.

Herblock cartoon of June 18, 1963 - school prayer

Probably still under copyright - Herblock in the Washington Post, June 18, 1963 (school prayer)


Immigration anniversary

May 6, 2010

Today is the anniversary* of our nation’s first** law generally governing immigration.

Congress passed the Chinese Exclusion Act, which barred Chinese immigrants from the United States for 10 years.

1882 Chinese Exclusion Act, page 1 - National Archives

1882 Chinese Exclusion Act, page 1 - National Archives

1882 Chinese Exclusion Act, page 2 - National Archives

1882 Chinese Exclusion Act, page 2 - National Archives

____________

*    I note the image says it was approved by President Chester Alan Arthur (who had succeeded to office after President James Garfield was assassinated a year earlier).  The New York Times calls May 6 the anniversary of Congress’s passing the law; if Arthur signed in on May 6, it was probably passed a few days earlier.  May 6 would be the anniversary of its signing into law.

**  The Chinese Exclusion Act was preceded by the Page Act of 1875, which prohibited immigration of “undesirable” people.  Who was undesirable?  “The law classified as undesirable any individual from China who was coming to America to be a contract laborer, any Asian woman who would engage in prostitution, and all people considered to be convicts in their own country.”  It was not applicable to many immigrants.  The Page Act was named after its sponsor, Rep. Horace F. Page of California.


Flag flying on the National Day of Prayer?

May 6, 2010

We’re coming up on four relatively under-appreciated flag-flying dates before Independence Day (July 4):

  • Mother’s Day, second Sunday in May
  • Armed Forces Day, third Saturday in May
  • Memorial Day (half-staff until noon*), the last Monday in May
  • Flag Day, June 14
President Obama at the Gulf of Mexico oil spill - White House photo

President Obama at the Gulf of Mexico oil spill - White House photo

I was surprised to see the “fly your flag today” note in the Dallas Morning News today, especially with the accompanying news story. As you can see above, it’s not on the flag-fly list in law.  President Obama’s declaration of the National Day of Prayer doesn’t suggest flying the flag.

We are blessed to live in a Nation that counts freedom of conscience and free exercise of religion among its most fundamental principles, thereby ensuring that all people of goodwill may hold and practice their beliefs according to the dictates of their consciences.  Prayer has been a sustaining way for many Americans of diverse faiths to express their most cherished beliefs, and thus we have long deemed it fitting and proper to publicly recognize the importance of prayer on this day across the Nation.

Let us remember in our thoughts and prayers those suffering from natural disasters in Haiti, Chile, and elsewhere, and the people from those countries and from around the world who have worked tirelessly and selflessly to render aid.  Let us pray for the families of the West Virginia miners, and the people of Poland who so recently and unexpectedly lost many of their beloved leaders.  Let us pray for the safety and success of those who have left home to serve in our Armed Forces, putting their lives at risk in order to make the world a safer place.  As we remember them, let us not forget their families and the substantial sacrifices that they make every day.  Let us remember the unsung heroes who struggle to build their communities, raise their families, and help their neighbors, for they are the wellspring of our greatness.  Finally, let us remember in our thoughts and prayers those people everywhere who join us in the aspiration for a world that is just, peaceful, free, and respectful of the dignity of every human being.

It’s not in the Congressional Resolution that declares the day (see it tucked in there between National Aviation Day and National Defense Transportation Day).

You may fly your flag any day.  But so far as I can tell, we’re not urged by law to fly the flag for prayer day.

In addition to those many worthy things to pray or meditate for on National Prayer Day, pray for a rational solution to the flap over the day.  Since when does anyone need a law to allow them pray?  Who is trying to claim an official flag-flying mantle, and why do they think a right to pray needs such a boost?

More:


Cuccinelli Witch Project

May 3, 2010

So, you didn’t think the opposition to global warming was political?  You thought “skeptics” were just out to make a scientific case?

Virginia Attorney General Ken Cuccinelli - campaign photo

Virginia Attorney General Ken Cuccinelli - campaign photo

As the Hook explains, Virginia Attorney General Ken Cuccinelli has ordered the University of Virginia to turn over all records they have of research done by Michael Mann while he was at the UVA (he left five years ago for Penn State). (Civil Investigative Demand, here)

It’s a fishing expedition, the very definition of a witch hunt.  Also, as I read the Virginia Fraud Against Taxpayers Act upon which Cuccinelli bases his actions [see comments — better source here], it’s probably outside the statute of limitations.

Research that Cuccinelli has targeted to investigate  includes work Mann did with the National Oceanographic and Atmospheric Administration (NOAA) and the National Science Foundation (NSF).  Cuccinelli probably lacks jurisdiction for much of the stuff he wants, trumped by those federal agencies.

Mann is the guy who put together the chart of all the different threads of research that show warming climate, commonly known as the “hockey stick” after Al Gore’s years of presentations on the chart and the movie, “Inconvenient Truths.”  Mann also is among those scientists in U.S. and England whose private e-mails were exposed in the breach of the e-mail servers at England’s Hadley Climate Research Unit.

Three different investigations have put Mann in the clear so far (Penn State’s .pdf of investigation results; response to Texas U.S. Rep. Joe Barton’s assault) — odd that stolen e-mails would produce doubts about the victims of the theft, but ethical standards in science research are indeed that high.  Caesar’s wife couldn’t be considered for research grants.

Why do I think the statute of limitations may apply?  Look at the law, linked above, the Fraud Against Taxpayers Act:

§ 8.01-216.9. Procedure; statute of limitations.

A subpoena requiring the attendance of a witness at a trial or hearing conducted under this article may be served at any place in the Commonwealth.

A civil action under § 8.01-216.4 or 8.01-216.5 may not be brought (i) more than six years after the date on which the violation is committed or (ii) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of the Commonwealth charged with responsibility to act in the circumstances, but in that event no more than ten years after the date on which the violation is committed, whichever occurs last.

In any action brought under § 8.01-216.5, the Commonwealth shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

Research at a major research institution like a big, public university involves many layers of regulation and bureaucratic checking.  Generally the university’s research office will require adherence to the school’s ethical code and all state laws up front, and then the auditors check the money flow and research activities through the project.  There is a final sign off at most schools, which would qualify as “the date when facts material to the right of action are known or reasonably should have been known by the official of the Commonwealth charged with responsibility to act in the circumstances.”

Cuccinelli is sending a clear signal to researchers that they are unwelcome in Virginia if their research doesn’t square with his politics — and his politics are weird. Watch to see what the response of the University is, especially if their delivery of documents doesn’t put this witch hunt to bed.

[Update notice:  The text of the law noting the statute of limitations was updated on May 5, to show application to § 801-216.4 as well as § 801-216.5]

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