Category: Society

Academia, Constitutional Law, Religion, Society, Supreme Court

The Hobby Lobby Bible Curriculum and the Constitution

By Mike Appleton, Weekend Contributor

“It certainly may be said that the Bible is worthy of study for its literary and historic qualities.”

–Abington School District v. Schempp, 374 U.S. 203, 225 (1963) (Justice Clark)

“The nation is in danger because of its ignorance of what God has taught. . . . If we don’t know it, our future is going to be very scary.”

-Steve Green, Templeton Biblical Values Award acceptance speech, April 15, 2013.

 

The three children of Edward and Sidney Schempp attended public school in Abington, Pennsylvania in the 1950s. A Pennsylvania statute in effect at the time mandated that, “At least ten verses of the Holy Bible shall be read, without comment, at the opening of each public school on each school day. Any child shall be excused from such Bible reading, or attending Bible reading, upon the written request of his parent or guardian.” The readings were followed by recitation of the Lord’s Prayer and the Pledge of Allegiance.

Mr. and Mrs. Schempp, as practicing Unitarians, objected that various doctrines contained in the readings violated their religious beliefs and sought to enjoin the exercises as a violation of the Establishment Clause. The Supreme Court agreed, finding that the Pennsylvania law violated the principle of “strict neutrality” required under the First Amendment. Abington School District v. Schempp, 374 U.S. 203 (1963).

But while the Court found the statute unconstitutional due to its openly sectarian character, it emphasized that its ruling did not preclude entirely the use of the bible as a valuable educational source. “Nothing we have said here indicates that the study of the Bible or of religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment.” 374 U.S. at 225. The test of constitutionality, said the Court, is whether a statute has “a secular legislative purpose and a primary effect that neither advances nor inhibits religion.” 374 U.S. at 222.

In the years since the Schempp decision, a variety of academic programs incorporating the bible have been successfully implemented in public schools in a number of states. But there is about to be one more, and the early indications are that this one won’t pass constitutional muster. Continue reading “The Hobby Lobby Bible Curriculum and the Constitution” →

Constitutional Law, Courts, Justice, Politics, Society

The Arizona Solar Tax and Who Benefits From It

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

When I think of places that would be ideally suited for taking advantage of solar power, Arizona is high on the list.  There are approximately 20,000 Arizona buildings utilizing solar collection technology to replace or supplement normal power sources. However, that number may soon decrease if a new “solar tax” is implemented.

“A new interpretation of state law in Arizona could force customers to pay property taxes on leased solar panels. In a state with an estimated 20,000 solar customers and 85 percent of new solar installations being leased systems, the implications of an extra charge are tremendous. The new tax could result in an additional $152 per year for a residential solar array and even more for larger installations, the Arizona Republic reported. What’s more, the tax would apply to both new and existing customers.” Think Progress

At first glance, I guess it should not surprise anyone that a new tax may be initiated.  However, when that tax is a tax on solar panels on commercial and residential buildings and includes solar panel arrays that are leased, it raised some eyes in Arizona.  Why would the State of Arizona decide on a tax on the collection of power of the sun?  The answer may surprise you. Continue reading “The Arizona Solar Tax and Who Benefits From It” →

Congress, Courts, Politics, Society

Congressman Calls Clarence Thomas An “Uncle Tom” While Few Denounce The Race-Based Attack

220px-Clarence_Thomas220px-Bennie_Thompson,_official_portrait,_111th_CongressI have been a long critic of many of Justice Clarence Thomas’ opinions which often reject basic individual rights while embracing police and national security powers. However, I believe that Thomas is often treated unfairly for being a black conservative on the Court. While others like Justices Alito, Scalia, and Roberts routinely vote along the same lines, Thomas’ race is commonly cited in commentary while that is not a factor in the other justices on the right of the Court. This unfairness was vividly shown by the comments of Democratic Rep. Bennie Thompson (D-Miss.) that Thomas is an “Uncle Tom” and suggested that he was not an authenticate black person. He has refused to retract or apologize of the attack. In the meantime, Democrats are uniformly silent in the face of this uncivil and outrageous attack.

Continue reading “Congressman Calls Clarence Thomas An “Uncle Tom” While Few Denounce The Race-Based Attack” →

Criminal law, Society

California Man Dies In Pursuit Of Suspect Who Stabbed Mother In Parking Lot

E_HERO_0430_A.jpgThis story stood out on Reddit because the killing occurred near where I spent many of my summers with my Italian grandparents in Cherry Valley, California. Troy Cansler, 47, (left) is a husband and a father who refused to stand by and watch a woman be stabbed for her purse on Sunday. He gave chase after police say Vincent Alex DeLeon, 26, stabbed and robbed the woman who had a baby in a stroller. DeLeon then proceed, according to the charges, to stab this brave man to death.

Continue reading “California Man Dies In Pursuit Of Suspect Who Stabbed Mother In Parking Lot” →

Politics, Society

Obama Administration Moves Toward Tolls On Interstate Highways

220px-Atlanta_75.85I have previously written about the proliferation of toll roads in the United States as governments shift the cost of highways to citizens while spending wildly on foreign wars and losing billions of waste. Congress allows billions to literally disappear in places like Iraq and Afghanistan or give billions in aid to affluent countries like Israel, but it insists that American citizens already struggling financially should be forced to pay to use their federal roads. The change is a fundamental shift in our approach to highways which were viewed as the basic service supplied to taxpayers. However, the Administration has quickly open the door in the new transportation bill to end the long tradition of free federal highways. Of course, do not take too much cash on the highways, because it can be seized by police in the growing number of pretext stops called “policing for profits.”

Continue reading “Obama Administration Moves Toward Tolls On Interstate Highways” →

Criminal law, Society

Deputy Dove And Policing For Profits: Nevada County Settles Cases Where Drivers Were Stripped Of Cash But Refuses To Charge Or Fire Officer

web1_web1_WEB_rgb_Lee_DoveI have been writing recently about police forfeitures on highways and how it has become a source of new revenue for departments despite questions of pretext stops and probable cause. Humboldt County has now settled a variety of cases where police took money without any connection or plausible suspicion of a crime. One such seizure was captured on tape and it is a chilling example of what is called “policing for profit.” Las Vegas is a perfect place for this technique since people drive around with a lot of cash. The video captures Humboldt County Deputy Lee Dove confronting one witness by taking his cash and asking “That’s not yours, is it?” The driver responds ‘That’s mine” and Dove simply declares “Well, I’m seizing it.”

Continue reading “Deputy Dove And Policing For Profits: Nevada County Settles Cases Where Drivers Were Stripped Of Cash But Refuses To Charge Or Fire Officer” →

Criminal law, Society

Video Contradicts Account Of Miami Police Officer Who Charged Witness Filming An Arrest

screen_shot_2014-04-29_at_21.45.15.siWe have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. There is a new case out of Miami of a citizen, freelance disc jockey Lazaro Estrada, who was arrested for obstruction of justice despite the fact that witnesses say that he was merely taping an arrest at a store.

Continue reading “Video Contradicts Account Of Miami Police Officer Who Charged Witness Filming An Arrest” →

Academia, International, Politics, Society

Biden: I Have Met “Literally Every” World Leader

220px-Nouveau_Dictionnaire_Larousse_page225px-joe_biden_official_photo_portrait_2-croppedFor many, the use of the word “literally” is literally the bane of their existence. People often use it for emphasis when the literal meaning of the sentence could not possibly be true. Take statement of Vice President Joe Biden who loves to use the word and, on Monday, told a crowd that he has met “literally every” world leader at my school, George Washington University. It was funny enough that Carrie Dann of NBC News had to tweet it.

Continue reading “Biden: I Have Met “Literally Every” World Leader” →

Free Speech, Society

Silver Bans Sterling . . . For Life

200px-Los_Angeles_Clippers_logo.svg100px-NBALogo.svgWe previously discussed the racist comments of Clippers owner Donald Sterling. We discussed the possible sanctions under the NBA rules, which are confidential. This afternoon NBA Commissioner Adam Silver announced that Clippers owner Donald Sterling will be suspended for life and fined $2.5 million. That blows away any prior sanction of the NBA.

Continue reading “Silver Bans Sterling . . . For Life” →

Congress, International, Military, Politics, Society

“The Most Transparent Administration In History”: Obama Administration Quietly Strips Senate Bill Of Provision Requiring Disclosure Of Annual Drone Kills

220px-MQ-9_Reaper_-_090609-F-0000M-777President_Barack_ObamaThere is yet another victory for the national security state under President Obama. The Obama Administration has succeeded, with the help of Senate Intelligence Committee chair Dianne Feinstein, in quietly removing a provision that would seem unobjectionable to a President who pledged “the most transparent Administration in history.” The provision simply required disclosure of the number of people killed each year by U.S. drone attacks. Not the details mind you. Just the figure. That sent the intelligence community into outrage over having to tell the public how many people have been killed in just this one area. The result was that it was simply stripped out of the Senate bill without a vote or debate.

Continue reading ““The Most Transparent Administration In History”: Obama Administration Quietly Strips Senate Bill Of Provision Requiring Disclosure Of Annual Drone Kills” →

Society

Pennsylvania Judge Orders Widow’s House Sold For Failure To Pay $6.30 In Unpaid Interest

0012 RTBeaver County Common Pleas Judge Gus Kwidis is under file this week after he ordered the home of a widow, Eileen Battisti sold for failure to pay $6.30 in unpaid interest to the county. Kwidis ruled that Battisti had ample notice and only has herself to blame for losing her home. Others see the blame lying elsewhere in a decision that elevated a de minimus violation above simple justice.

Continue reading “Pennsylvania Judge Orders Widow’s House Sold For Failure To Pay $6.30 In Unpaid Interest” →

Criminal law, Politics, Society

“12 Is About As Old As I Can Handle”: Former Illinois Rep Who Sponsored Child Porn Legislation Is Charged With Child Pornography Crimes

{CB3D88DE-769E-4455-8FC9-B9981583FA2A}Former Illinois State Rep. Keith Farnham, 66, was the co-sponsor of two bills to increase the punishment for child pornography may soon regret the effort. He has been charged with child pornography crimes related to hundreds of images and videos on his personal and state-owned computers as well as graphic online chats. In one such chat, he allegedly wrote that “12 is about as old as i can handle . . . i love them at 6 7 8.” In another chat, he allegedly bragged about sexually molesting a 6-year-old girl. He is not charged with that rape. In the sick and bizarre world of child porn, such a claim may have been a form of bragging than a true admission of a rape. Farnham resigned from office shortly after his state office was raided. He said that he needed to resign due to health concerns.

Continue reading ““12 Is About As Old As I Can Handle”: Former Illinois Rep Who Sponsored Child Porn Legislation Is Charged With Child Pornography Crimes” →

Congress, Media, Politics, Society

Clinton Finds It “Odd” That Snowden Fled Country and “Puzzled” Why He Needed To Go To Press

225px-Hillary_Clinton_official_Secretary_of_State_portrait_crop228px-Picture_of_Edward_SnowdenFor many civil libertarians, the American political system appears caught in a vicious loop. While Americans are demanding change and hold both parties at record lows, the party elite have changed nothing. (Indeed, a new poll shows the Democrats at a new low and now in danger of losing not just the White House but Congress). The leading candidate for the Democrats is Hillary Clinton (who has also been shown to have low numbers in recent polls). The Republicans are pushing another Bush. For many libertarians and civil libertarians, Clinton is a non-starter. She supported the wars under Bush as well as the Libyan intervention under Obama. She is the very face of the Democratic establishment for many. That image was reinforced last week at the University of Connecticut, when Clinton discussed Edward Snowden and expressed utter confusion why he would ever do what he did.

Continue reading “Clinton Finds It “Odd” That Snowden Fled Country and “Puzzled” Why He Needed To Go To Press” →

Constitutional Law, Criminal law, Society

Tennessee Officer Shown Choking An Unresisting Student Into Unconsciousness

article-2614386-1D67E04400000578-766_634x422There is a highly disturbing story and photos out of Tennessee where a police officer is shown choking a college student, Jarod Dotson, 22, who does not appear to be resisting. The police had been called to a party at the University of Tennessee and police reported that bottles were thrown at officers. However, in this picture, there appears no risk or resistance for the officer, Deputy Sheriff Frank Phillips.

Continue reading “Tennessee Officer Shown Choking An Unresisting Student Into Unconsciousness” →