Month: May 2013

Arizona Atheist Gives Opening Legislative Prayer

MENDEZArizona had an extraordinary moment this week during the opening prayer. No it is not what you think of some sectarian screed or other controversy. To the contrary, it was an unprecedented act of inclusion when the legislature allowed an atheist to open the session. An atheist state lawmaker tasked with delivering the opening prayer for this afternoon’s session of the House of Representatives asked that people not bow their heads. Democratic Representative Juan Mendez, of Tempe, is an atheist and opened the session by asking his colleagues not to bow their heads but look at each other.

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Top IRS Official To Invoke Fifth Amendment Before Congress

160px-IRS.svgI have previously stated that I fail to see the basis for criminal charges in the IRS scandal. Prior administrations have faced allegations of targeting opposing groups and such matters have been treated as abuses but not crimes. Yet, various news sites are reporting this morning that Lois Lerner, the director of the IRS division, will invoke the Fifth Amendment before the House Oversight and Government Reform Committee. Her counsel asked the Committee to withdraw the demand for her testimony in light of her intention to refuse to testify on the grounds that it may incriminate her.

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Florida High School Student Expelled and Charged with Two Felonies For Consensual Relationship With Fellow Student

SELF-_540x405_244x183We have previously discussed the continued prosecution of minors for engaging in sexual conduct under state laws. These laws have a sexist record of boys prosecuted for having sex with a minor where girls were treated as the victim, even when the sex was consensual and both were minors or close in age. There is a new case out of Indian River, Florida that is equally troubling. Kaitlyn Hunt, 18, is a senior in high school and is facing felony charges for engaging in a sexual relationship with another girl at her school. Despite an outcry against prosecuting Hunt for consensual sex, the prosecutor has refused to drop the charges of two counts of lewd and lascivious battery of a child 12 to 16 years of age. Assistant State Attorney Brian Workman has insisted that he will only agree to a plea deal where she would accept one felony conviction and a two-year sentence of home confinement. Such a plea would likely put Hunt on the sex offender registry for life.

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Farewell, Zach Sobiech: See You Again

This week we lost Zach Sobiech, who left the world much poorer with his passing. However, he left us a wonderful gift. The Minnesota teen wrote a wonderful song called “Clouds” after learning he had terminal bone cancer. He sang of his hope that “maybe someday I’ll see you again . . . We’ll fly up in the clouds and we’ll never see the end.” The physical end came for Zach this week but his grace and his gift has lifted the hearts of millions.

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Baltimore Police Sued For Allegedly Beating and Arresting Woman Who Filmed Them In Public

114px-Baltimore_Police_Department_logo_patchWe have yet another case of police being accused of beating a citizen for filming them in public. Makia Smith says that Baltimore police beat her up and smashed her camera when they filmed them beating a man in the street. She is now suing the Baltimore Police Department, Police Commissioner Anthony Batts and police Officers Nathan Church, William Pilkerton, Jr., Nathan Ulmer and Kenneth Campbell in Federal Court.

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Japanese Mayor Calls World War II “Comfort Women” A Wartime Necessity

osaka_hashimotocomfort-womenJapan has long been criticized for school books that fail to acknowledge atrocities committed by Japanese troops in World War II as well as continued ceremonies that honor war criminals. For that reason, many felt that the recent acknowledgment of forced prostitution of thousands of Asian women — called Comfort Women — was a step forward. Then Toru Hashimoto, the mayor of Osaka, stepped forward. Hashimoto has gone public to defend the forced prostitution as necessary to “maintain discipline” in the ranks and provide rest for soldiers who risked their lives in battle. So much for progress.

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Greek Politician Screams “Heil Hitler” In Parliament During Debate

This video appeared last week and shows the extremism of the “Golden Dawn” movement in Greece, which is now reaching out to other European countries. As with Nazism in Germany, the movement has emerged from the economic chaos of Greece to offer hate and violence as a way to express the frustration of the people facing high unemployment and stagnant economic prospects. In the video, you can hear a Golden Dawn member repeatedly screaming “Heil Hitler” in the Greek parliament.

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Justice Department Declared Fox Reporter Possible “Co-Conspirator” In 2010 Investigation

President_Barack_Obama220px-Richard_NixonAs the scandal over the attack on the press continues in the Associated Press investigation, another such attack has come to light. The Obama Administration in 2010 investigated Fox News correspondent Jeff Rosen and the FBI treated him as “at the very least, either as an aider, abettor and/or co-conspirator” for merely speaking with a source. It was a perfectly Nixonian moment — yet another example of how Obama has adopted many of the same abuses as Richard Nixon. While journalists, public interest groups, and even Democratic members have denounced the attack on the media in the Associated Press investigation, Obama stepped forward to defend the investigation and praise the work of the Justice Department. He doubled down on those complaining about his Administration’s shocking record on whistleblowers and reporters by saying that he would make “no apologies” for the greatest attack on the media in decades.

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An Elderly Woman Discovers Lost Dog In Rubble . . . In The Middle Of CBS Interview In Oklahoma

Amid the horrific destruction of the tornados yesterday, CBS Evening News captured one of the most touching moments. While interviewing an injured elderly woman, Barbara Garcia, a noise was heard in the rubble just a few feet from where she was standing. It was her dog, which survived the devastation. She had just lamented how she lost her beloved pet.

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Obama Recess Appointments Found Unconstitutional By Second Appellate Court

President_Barack_ObamaI have previously testified and written about President Barack Obama’s use of recess appointments, which I viewed as flagrantly unconstitutional. Recently, the D.C. Circuit agreed with that view and found that the Obama Administration had violated the recess appointment powers. Now a second appellate court has joined that view, the United States Court of Appeals for the Third Circuit. I have two law review articles coming out on these appointments and more broadly the abuse of recess appointment powers in modern presidencies. See Jonathan Turley, Recess Appointments in the Age of Regulation, 93 Boston University Law Review ___ (2013) and Jonathan Turley, Constitutional Adverse Possession: Recess Appointments and the Role of Historical Practice in Constitutional Interpretation, 2103 Wisconsin Law Review ___ (2013)

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New York Assemblyman Resigns In the Midst Of Sexual Harassment Scandal . . . And Promptly Announces City Council Bid

vito-lopez23New York Democratic Assemblyman Vito Lopez is the latest politician to resign in a scandal, but Lopez has a curious twist. He will now run for a new office. With Antony Weiner now committed to running for mayor, it is the new version of political responsibility. You resign and then run again as a new man.

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McDysentery: Study Finds Fast-Food Ice Dirtier Than Toilet Water . . . Researcher Is 12-Year-Old Girl

220px-Tumbler_of_cola_with_ice220px-Toilet_370x580Florida student Jasmine Roberts, 12, has secured the top science prize at her science fair . . . and the disgust (and gratitude) of every adult.  Roberts decided to test the cleanliness of ice at fast food restaurants and compared those findings with the toilet water in the same restaurant. She found the toilet water was cleaner.

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Report: Thousands of French Households Face 100% Tax Under Hollande

louis-xvi-execution-e1357165572206We have been discussing the tax policies of President Francois Hollande’s Socialist government — a record that I have criticized as ruinous from an economic standpoint. A recent report indicates that for some high-earning families — more than 8,000 — the Hollande policies impose a 100% tax. It is the ultimate “eat the rich” policy. Even for those families facing a 75% rate, it is unclear why they would continue to work in the country. Many are not. France is experiencing a flight of both high earners and companies.

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ALEC in Wonderland, An Act In Two Plays (Part 1)

 

By Mike Appleton, Guest Blogger

“Be what you would seem to be-or, if you’d like it put more simply-Never imagine yourself not to be otherwise than what it might appear to others that what you were or might have been was not otherwise than what you had been would have appeared to them to be otherwise.”

-Lewis Carroll, Alice in Wonderland

The late Paul Weyrich is generally regarded as the principal architect of the new conservative coalition that emerged with the ascendancy of Ronald Reagan.  He was a co-founder of the Heritage Foundation.  He even created the phrase “moral majority” for Pat Robertson.  But his most important creation was the American Legislative Exchange Council (ALEC) in 1973.  In the course of 30 years that body has become the most powerful force in state legislative bodies throughout the country.

Weyrich was not a fan of voting rights.  “I don’t want everybody to vote,” he said in 1980. “Elections are not won by a majority of the people.  They never have from the beginning of our country and they are not now.  As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.”  Weyrich understood that voters are problematic for two reasons.  First, they are fickle and  unpredictable.  Second, they cannot be held accountable for their decisions.  In short, they cannot be controlled, making democracy an uncertain endeavor.

But Weyrich also understood that lobbying is not an effective antidote to an independent electorate.  It is expensive and subject to restrictions and regulations that vary from state to state.  ALEC operates in a manner that enables it to surmount those problems.  Powerful corporate interests provide the funding necessary to research and draft model bills serving their interests.  The approximately 2,000 state legislator members of ALEC sponsor those model bills in their respective states.  And the electorate? Well, anyone is free to join and have his or her voice heard by paying an annual membership fee ranging from $7,000.00 to $25,000.00.

As you will see, ALEC’s ability to get its way in spite of the voting public is indeed a wonder to behold. Continue reading “ALEC in Wonderland, An Act In Two Plays (Part 1)”