Category: Uncategorized

Humanity’s Hubris

Submitted by: Mike Spindell, Guest Blogger

As a visceral person who loves film, I am easily moved when I watch productions that connect the struggles of human beings with the vicissitudes of life. This week I watched such a creation and its’ genius was that it led me to thoughts larger than the particular subject of the program. Hubris is an ancient Greek word that can be thought of as indicating: “a loss of contact with reality and an overestimation of one’s own competence or capabilities, especially when the person exhibiting it is in a position of power”. http://en.wikipedia.org/wiki/Hubris . To the ancient Greeks, hubris played an important part in their philosophy and in their philosophic expression in Greek dramas. In those times sexuality was also deeply intertwined in its examples. However: “In its modern use, hubris denotes overconfident pride and arrogance; it is often associated with a lack of humility, though not always with the lack of knowledge.” I intend to extrapolate from one desperate time in American history a sense of what fault it exposes in a macro-cosmic human sense.

Along with the “Great Depression” in the United States, an ecological disaster occurred and added to the general economic misery of the country. This was the advent of the “Dust Bowl” in the agricultural “heartland” of our country. The documentary I watched was “Ken Burns: The Dust Bowl” which I’ll link at the end of this guest blog. From 1930 through 1940 immense dust storms, with ever increasing frequency, began to plague this area along with a parching drought, devastating this formerly fertile region. As the farming economy shrank, children died and farm folk were driven into despair, it became apparent that this ecological disaster was brought about by the people who had worked the land into becoming among the most productive farmlands in the world. I watched this documentary, tearing up frequently at the human misery I saw and clenching my jaw in anger at the sheer cupidity that caused it. I was rediscovering a part of our history that I had known little about except for where it happened. By retelling this tale though I want to make a larger point. The Greeks had it right about humanity in general, in that as we have become masters of this planet, so many of us have so often been laid low by the hubris of thinking ourselves completely in control of our world and immune to the effects of nature. Continue reading “Humanity’s Hubris”

Skeletal Defense: Swedish Woman Charged With Necrophilia For Relations With Skeleton

Warning: This story is really really gross. However, there is an intriguing (if icky) legal point but you have to wait for it. A Swedish woman has been charged with necrophilia in Gothenburg. Police discovered various skeleton parts and skulls in her apartment including a picture of her licking a skull. They accuse her of having sex with the skeletal remains. However, is that truly necrophilia?

Continue reading “Skeletal Defense: Swedish Woman Charged With Necrophilia For Relations With Skeleton”

Guns and the Collateral Damage That They Do

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

I was struck by a news story earlier this week, not only because of its importance, but because of how little air time it received in the mass media.  Earlier this week, the victims of the 2011 mass shooting in Tucson, Arizona had a chance to speak to the man responsible for those hideous acts.  One statement was especially powerful and it was from the husband of Gabby Giffords, now a former Congresswoman from Arizona.  I apologize for the length of the following quotations, but I think it is important to read most of what Gabby’s husband said to Mr. Jared Loughner, who perpetrated the crime.  Continue reading “Guns and the Collateral Damage That They Do”

Selling Out Middle Class America

Submitted by: Mike Spindell, Guest Blogger

Normally, when I work on a guest blog it takes me some hours of research and writing since I type slowly and try to be as accurate as I can be. This one will be a little different because it is written mainly to refer you to the transcript and/or podcast of a fantastic interview with the investigative journalists Donald L.Bartlett and James B. Steele. The interview was conducted by Rob Kall, whose OpEdNews website http://www.opednews.com/   is one that I look to for interesting insight into the political issues of the day. The interview deals with these authors’s current book which is called: The Betrayal of the American Dream”.

Rob Kall’s interview with the author’s is lengthy and so rather than my usual effort to provide a synopsis and relevant quotes of a position that I endorse, I’m going to give you a hint of what this interview contains and the provide you the links so that you can make your decision on the author’s thesis and hopefully be informed on some very important issues for all of us. Readers here know I supported President Obama for re-election, but have been critical of many of his policies. This interview and the book that it is about, demonstrate that the forces at play in the rapid decline of the American Middle Class seem beyond the power of our government to control, simply because they are backed by an elite that not only finances election campaigns, but that has also dominated the discussion with so much false propaganda, that today’s politicians who were born later than 1960 are not even familiar with the reality of how much our economic landscape has changed. Because of this unfamiliarity many don’t even have the conceptualization that things used to be different and why they’ve changed so drastically. In that sense this is less about conspiracy and more about the effect poor education, corporate media and propaganda can accomplish. When I say that the problem is beyond government’s power to fix, it is with the caveat that if the issues presented here were first understood, then maybe we could combat them. In some sense we are all blind men, hypothesizing the nature of an elephant by touching different parts. This interview and the book it is about can miraculously cure the blindness and start the discussion on how we can deal with this 3,000 pound elephant in the room we call America.

I will mention two, among many, of the major factors in the decline of the American Middle Class laid out by the authors. The first is that until the 1970’s our Income Tax was really graduated to the point that government had ample revenue to do its job. The second is that one of the major revenue sources for the Federal Government was tariffs. It was the dismantling of the graduated Income Tax and the proliferation of trade agreements reducing tariffs (and tariff revenue) that have been major pieces in the shipping of jobs overseas, increasing our national debt and destroying what was the greatest industrial economy in the World. For me, a child born to politically aware parents, before the end of World War II, I’ve lived through this history and watched in dismay as these changes took effect. Most Americans though, except for those most prescient, have no idea of what was done, simply because these changes took effect before they were born, or in their early youth. This election past and the polling of attitudes that went with it, show that the majority of Americans perceive that they are being cheated, but often their perception of how, has been skewed by the disinformation that is rampant to the extent that they blame it on the wrong source. If you read either the transcript of this article: “The Selling Out of the Middle Class is No Accident” at this link: http://www.opednews.com/articles/1/The-Selling-Out-of-the-Mid-by-Rob-Kall-121017-79.html or listen to the interview at this podcast: http://www.opednews.com/Podcast/Applying-Investigative-Jou-by-Rob-Kall-120915-680.html

I deeply believe that it will be time well spent.

 

The Watering Down of the Fourth Amendment

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

We all know or should know the Fourth Amendment and how it protects all citizens from an illegal search and seizure of our property and person.  ‘ “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.’ ”  Cornell Law

Over the years, this valuable right has been watered down.  Recently, the Roberts Court heard arguments in a case that did not get much media attention.  That case involved a man who was arrested and detained after a traffic stop just because he had been in an apartment that the police had just exercised a search warrant.  The name of the case is Bailey v. United States and oral arguments in front of the Supreme Court were heard on November 1st, 2012.  Bailey v. United States  The narrow issue that the Supreme Court is deciding is whether an individual can be detained by the police merely because he recently left a residence before the police executed a search warrant at that location.  Sounds like a no brainer, doesn’t it?   Continue reading “The Watering Down of the Fourth Amendment”

Too Much Democracy?

Submitted by: Mike Spindell, Guest Blogger

I’m a legal resident of Florida and this week I took advantage of early voting. While I’ve been a political activist for most of my life and usually have a good idea of the issues involved in any particular election, this vote brought home to me that I wasn’t as smart and informed in this election as I supposed. This thought occurred to me the night before I voted, when I carefully looked over the sample ballot sent to me by my County Board of Elections. The sample ballot had six pages and the opportunity to vote twenty six separate times. The first seven of the twenty-six votes, were “no brainers” since it started with the Presidency and ended with County Commissioner. I was familiar with each of these elective offices and the issues entailed in each particular race, but that’s where my familiarity with the issues involved in the next nineteen votes ended. The next possible votes were on whether each of three particular State Supreme Court Judges should be allowed to continue their terms? Not knowing these Judges and/or their judicial views how was I to make such a decision? The next vote was also on whether a particular Justice of the Court of Appeals should be retained in office. The final electoral decision was a vote between one of two people for a four year term to the County Soil and Water commission. This was not a party affiliated position, so other than their names, I had no idea who to vote for, or what their particular conservation philosophy entailed.

Needless to say, I went on the web and found out what was going on in the Judges recall. This is the story and its’ Washington Post link: A Koch Brothers-backed campaign is seeking to vote out three Florida Supreme Court justices.

“A loosely organized Internet campaign against the court two years ago has been fortified by the conservative group Americans for Prosperity, founded by billionaire activists Charles and David Koch. And then came the surprise announcement that the Republican Party of Florida had decided to oppose all three justices, an unprecedented move in the nonpartisan vote.

Party leaders said that “collective evidence of judicial activism” showed the jurists to be liberals who are out of touch with the public. Opponents point to the court’s death penalty decisions and a ruling that kept an “Obamacare” referendum off the 2010 ballot. But the justices’ supporters say an effort is underway to pack the court with new appointees and deliver Republicans the only branch of state government they don’t control.”

 While it is true that I had no clue that such a Campaign was going on, in my defense I was out of State for the entire summer and not paying attention to local affairs. This guest blog, however, is not about the Koch’s judicial ploy, but about what followed it on the Florida Ballot. This was the vote on eleven Florida Constitutional Amendments and why I believe that the nationwide movement for voter ballot initiatives is an idea to support democracy, which in practice is anti-democratic in nature. Continue reading “Too Much Democracy?”

California Judge Enjoins Warning Sign Law For Sex Offenders on Halloween While Continuing Ban On Decorating or Opening Homes of Ex-Sex Offenders

Judge Perry Anderson of the U.S. District Court in Los Angeles has issued a notable injunction in Simi Valley to prevent the city from enforcing a law requiring convicted sex offenders from having to post signs to warn away trick-or-treaters.
Continue reading “California Judge Enjoins Warning Sign Law For Sex Offenders on Halloween While Continuing Ban On Decorating or Opening Homes of Ex-Sex Offenders”

The Department of Justice Sues Mississippi…Again!

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

I guess I should not be surprised that the State of Mississippi is once again in the news because the Federal Government has filed a Civil Rights lawsuit against it.  The Department of Justice has filed a suit against the State of Mississippi, and the City of Meridian, along with the county and various state agencies, alleging that the defendants have worked to operate a “school to prison” system that allegedly violated the rights of African-American students and students with disabilities.  Continue reading “The Department of Justice Sues Mississippi…Again!”

Murder at Kent State

Submitted by: Mike Spindell, guest blogger

This blog post is the result of our well known regular contributor Blouise sending me a link, sent to her by one of our other long time contributors GBK. I thank them for not only the vital information they shared with me, but also for the inspiration it gave me. When people ask me what kind of blog to I write for, I explain to them that it is the creation of the well-known Constitutional Law Professor and Civil Rights Advocate Jonathan Turley. The common thread that links most of us here is our support for Jonathan’s work and our belief in upholding the Constitution. The topic raises is vital to all of those purposes.

On May 4th, 1970 I was twenty-six years old. I worked for NYC’s Department of Social Services (welfare) as a caseworker in Brooklyn. Was active in the Peace Movement and had in the last year lost in my bid for the Presidency of the radical welfare caseworkers union. Long haired, full bearded and habitually wearing shirts open to almost my waist, with tight-fitting bell bottom jeans. I was a happy and carefree imbiber of psychedelics and had a great social life. I had failed my Draft physical four years prior due to high blood pressure, which would later turn into severe heart trouble requiring me to have a transplant, but back then I was just grateful that I didn’t have to make the choice between my ideals and the Selective Service Law. So many young men whose lives were drastically changed for the worse by being drafted into that conflict, were less lucky than I because they were my contemporaries, I felt I needed to help bring them home.

Even with the 60’s decade of assassinations, Civil Rights protests ending in violence, Nixon’s election and the Viet Nam escalation, I was still hopeful that my generation would really change things for the better in this country and that the future would bring great changes in economic freedom and social justice. So hopeful was I, that I was attending my first year of Law School at night and envisioned myself becoming a Legal Aid attorney in the future. Then I heard the news about Kent State, the murder of four students and shooting of nine during what was a relatively peaceful protest. Suddenly, this brought home to me the reality of what we were facing in our country. My optimism for change died that day, but not my commitment to fight for it.

As the news proliferated the story just didn’t add up. Supposedly the young National Guardsmen heard sniper shots and in a panic returned fire. That the students shot were at a distance of at least three hundred feet and the ammunition was armor-piercing rounds. It was claimed that there was no order to fire given and that the young National Guardsmen thought they were firing in self defense. As it turned out these were lies and propaganda foisted to cover the fact that those in power in the administration and their follower, the Republican Governor of Ohio, wanted to send a message to those opposing the War, that we were in mortal danger if we dared to try to thwart their murderous rampage in South East Asia. Continue reading “Murder at Kent State”

Did Romney Profit from the Auto Bailout?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

If he said it once, Mitt Romney has said it a thousand times.  President Obama should have let GM and Chrysler go bankrupt instead of “bailing” them out. (paraphrased)  Of course, the discussion usually revolves around how Unions allegedly made out like bandits in the bailout to the detriment of the country and our economy.  What has been selectively left out of the discussion was the role played in the bailout by vulture capitalists in reaping an enormous profit from the bailout.  According to Greg Palast, the bailout created an opportunity for the vultures to swoop in and make huge profits.   All at tax payer expense! Continue reading “Did Romney Profit from the Auto Bailout?”

Manipulated America: One Theory of How They Control US

Submitted by: Mike Spindell, Guest Blogger

The two major themes that run through most of my guest blogs here are the idea that we are being manipulated by a Corporate Oligarchy, whose aim is to re-establish Feudalism in an American format. The second theme is my belief that their method of control is perpetrating this revision of America through manipulation of the National myths to which we have all been exposed. They have worked hard and somewhat successfully to take the myths and turn them into memes. One myth that I’ve recently written about is the “American Dream” that all of us have an equal chance of fulfilling all our aspirations based on our innate abilities and hard work alone. One meme that has been developed from this is that our Elite 1% are entrepreneurial heroes, who are the only “job creators” worth mentioning. The truth is that most of the 1% inherited their wealth, like the Koch Brothers or Donald Trump, while many others were born in privileged settings and rose in the world through their contacts with others from the same background.

Gene Howington, a friend and another guest blogger, has approached the same territory with his four part series of discussions of propaganda methodology. Gene and I are running on parallel tracks getting at the same thing and interestingly both of us set out on our parallel paths independent of discussion with the other. Gene and I have both touched on the mechanisms that are being used and in Gene’s case eve the science of the manipulation, but I think both of us have missed the specific science that has been adopted by corporations and used to perform this attempt to control. Today I came across an article at Alternet.org http://www.alternet.org/  that flashed the proverbial light bulb in my brain. When I read it my thought was, of course……. .Why haven’t I as someone trained in mental health seen this connection before? I will present extensive quotes from the article and then link it. I think it is important enough that everyone who visits here should read this article through.

“The corporatization of society requires a population that accepts control by authorities, and so when psychologists and psychiatrists began providing techniques that could control people, the corporatocracy embraced mental health professionals. In psychologist B.F. Skinner’s best-selling book  Beyond Freedom and Dignity  (1971), he argued that freedom and dignity are illusions that hinder the science of behavior modification, which he claimed could create a better-organized and happier society.”

Continue reading “Manipulated America: One Theory of How They Control US”

Double Jeopardy

Submitted by: Mike Spindell, Guest Blogger

One of the main problems with any legal principle is that we humans are so complex in our interactions that even the most hallowed of legal principles are bound to run into conflict with a real life situation that turns it on its end and leaves even the most principled among us at a loss. This is why the timeless practice of training lawyers to be able to argue both sides of a case arose. Even those who are most respectful of our legal system and our Constitution, recognize that with the variety of human situations, sometimes the legal process leads to results that are far short of the mark of what a person might consider to be justice. Recently, while watching a TV real life murder show called “Unusual Suspects” I came across a case, whose resolution, left me confused as to whether the result was correct in a Constitutional sense. The first ten amendments to our Constitution that are known as “The Bill of Rights” are legal principles that I hold sacrosanct. Historically, the founders put them in place to safeguard the people from the tyrannies that often flowed from autocratic systems of government. These were principle that history and experience had taught them were necessary to protect and preserve the freedom of citizens.

The Fifth Amendment became famous in the 40’s and 50’s when it was invoked at congressional hearings striving to root out “communists”. People in the glaring spotlight of Congressional Hearings, sworn under oath, would be forced to invoke the Fifth Amendment to assert their right not to incriminate themselves. What was unfortunate about these “witch-hunts” was that according to legal procedure, if the person under oath answered any kind of question it was deemed that their Fifth Amendment Rights had been forfeited, since any answer, no matter how innocuous could be considered to have opened up a line of questioning. Thus if one was asked to discuss where they worked they would have to invoke the “Fifth”, or otherwise be opened to questions on who they worked with. The result of this was that by exercising their Constitutional Rights, these witnesses were made to seem guilty of hiding something, merely by asserting their right to remain silent. People’s careers were destroyed having been guilty of nothing more than associating with people who believed in a different economic system, that wasn’t inherently illegal. As the title indicates I’m writing about another aspect of the Fifth Amendment and the result of a particular murder case that left me intellectually and emotionally conflicted. Continue reading “Double Jeopardy”

“Why Are We Killing Kids That Don’t Need to Die?”

Respectfully Submitted by Lawrence Rafferty-(rafflaw)- Guest Blogger

A short time ago, our country and its military reached a sad milestone in the war in Afghanistan. We have now lost 2,000 members of our military during our almost 12 year war in Afghanistan.  In light of that sad news, a Republican Congressman, Rep. Bill Young of Florida, received a letter from an Army soldier on his third tour in Afghanistan that caused him to change his mind about our continuing involvement in Afghanistan.  That soldier, Staff Sgt. Matthew Sitton wrote the letter to the congressman, shortly before he and a comrade were killed by an IED that journalist Bill Moyers recently discussed. Continue reading ““Why Are We Killing Kids That Don’t Need to Die?””

American Dream Not American Reality

Submitted by: Mike Spindell, guest blogger

In my Social Work career I spent 37 years working primarily with people in poverty, whether from Race, ethnicity, economic situations, criminal history and/or addiction. In my Psychotherapy practice (part time) my patients were middle to upper class economically and yet as the years have passed my memory of them has faded. Still remaining though, burned into my memory, are the lives of those I met who lived in poverty. We see in this current Presidential election a sharp contrast between the philosophies of the two candidates. One believing in lowering peoples expectations for and the receipt of, what he deems “entitlements”. The other who defends what he calls self-funded programs and championing the Federal Government’s intervention to make health care more accessible. There is, however, one economic/social area where both candidates fully agree and this agreement represents exactly what is wrong with our country.

Mitt Romney and Barack Obama, by their words and deeds, both believe fervently in the notion of the “American Dream”. If we look at the history of their lives we can understand how from their perspective, their lives have typified the “America Dream”. Romney was born wealthy, went to the best schools and came from a family that was highly prominent in his community. Obama, though born the child of an unwed mother, had the benefit of her intelligence, in addition to Maternal Grandparents who were relatively well to do. Their lives, though having different arcs, led them both to the point where they are competing for the highest office in the land. Neither man is lying when they extol America as the world’s shining light of opportunity for all, because their own lives bear that out. To me the problem is that reality shows that they are wrong in their belief and in their clinging to the myth of the “American Dream”, they ignore the most important issue of our time, American inequality of opportunity. Continue reading “American Dream Not American Reality”

Philadelphia Woman Arrested After Stripping Naked With Adult Children In Front of High School To Prepare For The End Of The World

It appears that stripping naked is becoming something of the rage around the country. After a Michigan State Professor stripped naked in his math class, Sarah Butler brought her three children to a high school and stripped naked in what she believed was a logical response to the approaching end of the world.
Her attorney insisted that the incident in front of the suburban Philadelphia high school was triggered by an adverse response to a prescription drug. I can accept that but what I find intriguing is the fact that her two adult children and teenage son also stripped naked in front of the school.

Continue reading “Philadelphia Woman Arrested After Stripping Naked With Adult Children In Front of High School To Prepare For The End Of The World”