March 09, 2005
First, you need to decide whether venison is right for you. I would suggest starting with a rack of deer ribs that can be thrown on the grill the next time you decide to Bar-B-Q some chicken. Just douse the ribs with some KC Masterpiece Sauce and sprinkle them with LowryÂ’s Seasoning Salt. By the time you lay them all out, it will be time to flip them over. After you do, just pour any excess sauce on the ribs and cover them long enough to extinguish the flames. They should be ready within a few minutes. Just donÂ’t overcook them and remember the following rule, Antonio: charcoal only, no gas grilling!
The column includes a recipe for a wonderful marinade, as well as some pointed comments about unsavory actions taken by PETA and other animal rights
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The melting of sea ice at the North Pole may be the result of a centuries-old natural cycle and not an indicator of man-made global warming, Scottish scientists have found.
After researching the log-books of Arctic explorers spanning the past 300 years, scientists believe that the outer edge of sea ice may expand and contract over regular periods of 60 to 80 years. This change corresponds roughly with known cyclical changes in atmospheric temperature.
The finding opens the possibility that the recent worrying changes in Arctic sea ice are simply the result of standard cyclical movements, and not a harbinger of major climate change.
The amount of sea ice is currently near its lowest point in the cycle and should begin to increase within about five years.
As a result, Dr Chad Dick, a Scottish scientist working at the Norwegian Polar Institute in Tromso, believes the next five to ten years will be a critical period in our understanding of sea ice and the impact, if any, of long-term global warming.
The article is fascinating, with lots of good historical observations and explanations of what could happen if mankind has disrupted the cycle.
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The Oregon Teacher Standards and Practices Commission is investigating a Central Linn High School teacher and coach accused of licking the bleeding wounds of his student athletes.
The commission is expected to take up the case of Scott Reed in a closed session Thursday in Salem. Its investigation began after a district parent filed a complaint in July, claiming "a pattern of willful, repeated inappropriate behavior, which has threatened student safety and health."
Reed remains a dean of students, science teacher and head football coach at the high school after being disciplined last year for licking the bleeding knee of an athlete. He acknowledged the May 2004 incident during school district and police investigations of another parent's complaint that he had licked blood from several students.
The Linn County sheriff's office found no basis for criminal charges in what Sheriff Dave Burright called "bizarre" conduct. The school district placed Reed on probation and required him to take a "bloodborne pathogens" course - a response some parents considered inadequate.
Am I the only person who thinks there may be a “kink-factor” in this?
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Officials at Colorado State University at Pueblo are investigating a student's allegation that a professor complained about illegal immigrants during an anthropology class last week.
Victoria Watson filed the complaint against Dan Forsyth over remarks she contends he made during a class last Thursday.
Neither Watson nor Forsyth could be reached for comment Tuesday.
However, in a statement, CSU-Pueblo President Ron Applbaum described the investigation into the allegation as "active and ongoing."
"We want to assure both the public and the student population that the university takes seriously such incidents that may hamper a student's ability to express themselves freely or to gain the broadest possible perspective on an issue or a topic."
The investigation is being conducted by academic affairs officials and the university's affirmative action officer.
They plan to interview Watson and Forsyth, as well as other students who attended the class.
Imagine that -- someone might comment negatively on a group of people who illegally cross our nation's border and consume taxpauyer funded service to a degree that puts cities, counties and states in a huge financial bind. Assuming we are not talking about the use of an ethnic slur here, I don't see any grounds for there to be an investigation, much less punishment.
And I'm curious -- when will we hear all the Lefties who are defending Ward Churchill coming to the defense of Dan Forsyth? Is this investigation an example of a new McCarthyism? Does it violate his academic freedom?
Or are only America-hating Leftists entitled such support and protection?
UPDATE: This story contains more details.
Two students claim professor Dan Forsyth called Mexicans "lazy and bitter people." Forsyth also allegedly blamed illegal immigrants and Mexicans for filling up U.S. prisons and argued that they "raped the system."
Forsyth said the allegations are false. He said he gave students only an after-class reminder about an upcoming campus appearance by U.S. Rep. Tom Tancredo, R-Colo., who is an outspoken advocate for tighter immigration controls.
"I don't know why anyone would lay these falsehoods at my door," Forsyth said.
Freshman Victoria Watson filed a complaint with the university's affirmative action office Friday.
Watson, and the second student who did not want to be identified, said Forsyth became emotional and angry as he talked about illegal immigrants. During his speech he allegedly told students he would be willing to pay higher prices for food to keep illegal immigrants from working on U.S. farms.
"After listening to this for 10 or 15 minutes, I'd had enough and got up and walked to the door," Watson said.
Now hold on. When liberal professors go on political rants unrelated to their subject, it is almost never investigated, and even less often punished. Why should these remarks receive any harsher treatment. And I say this especially since the remarks are not nearly so outrageous or untrue as the usual rant of anti-American Leftist professors.
I gusess the attitude of the administration is that the expression of social and political opinions by professors is only wrong if they are Right.
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March 08, 2005
Cochise County Sheriff Larry Dever is being sued for a share of a $32 million lawsuit filed Friday in U.S. District Court.
The suit alleges the sheriff has done nothing to stop a Cochise County rancher from apprehending illegal entrants on his own property east of Douglas.
Filed by the Mexican American Legal Defense and Educational Fund, the suit alleges rancher Roger Barnett held a group of illegal entrants at gunpoint on his property one year ago , shouted obscenities at the group, kicked one of the women twice and threatened to shoot anybody who tried to leave. It also lists 10 un-named co-conspirators who have known of Barnett's actions in the past and did nothing to prevent them.
Calling the group "racist liars," Barnett says he doesn't recall the incident ever taking place and said he hasn't been served with a lawsuit.
Dever has not been served with a lawsuit and therefore had no response, said Cochise County Sheriff's Department spokeswoman Carol Capas.
The suit alleges that on March 7, 2004, 19 illegal entrants were resting in a wash near Douglas when Barnett pulled up on an all-terrain vehicle with a large, barking dog. It claims that Barnett waved his cocked gun at the group, and yelled obscenities at them.
Barnett then walked up to one of the women and kicked her in the leg, then tried to kick her again, the suit alleges. He then called his wife, who arrived with a truck and summoned the U.S. Border Patrol.
The entrants allegedly tried to tell the Border Patrol agents what had happened but were menaced by Barnett.
Even if we assume the incident happened as described, what we see here is a citizen’s arrest of a group of people who were manifestly breaking state (trespassing) and federal (immigration) law. That mkes the arrest, and any associated coercion, legitimate in my book.
And by the way, don’t call Barnett a vigilante – the new conservatively correct term (as pointed out by Michelle Malkin) is “undocumented Border Patrol Agent.â€
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Cochise County Sheriff Larry Dever is being sued for a share of a $32 million lawsuit filed Friday in U.S. District Court.
The suit alleges the sheriff has done nothing to stop a Cochise County rancher from apprehending illegal entrants on his own property east of Douglas.
Filed by the Mexican American Legal Defense and Educational Fund, the suit alleges rancher Roger Barnett held a group of illegal entrants at gunpoint on his property one year ago , shouted obscenities at the group, kicked one of the women twice and threatened to shoot anybody who tried to leave. It also lists 10 un-named co-conspirators who have known of Barnett's actions in the past and did nothing to prevent them.
Calling the group "racist liars," Barnett says he doesn't recall the incident ever taking place and said he hasn't been served with a lawsuit.
Dever has not been served with a lawsuit and therefore had no response, said Cochise County Sheriff's Department spokeswoman Carol Capas.
The suit alleges that on March 7, 2004, 19 illegal entrants were resting in a wash near Douglas when Barnett pulled up on an all-terrain vehicle with a large, barking dog. It claims that Barnett waved his cocked gun at the group, and yelled obscenities at them.
Barnett then walked up to one of the women and kicked her in the leg, then tried to kick her again, the suit alleges. He then called his wife, who arrived with a truck and summoned the U.S. Border Patrol.
The entrants allegedly tried to tell the Border Patrol agents what had happened but were menaced by Barnett.
Even if we assume the incident happened as described, what we see here is a citizenÂ’s arrest of a group of people who were manifestly breaking state (trespassing) and federal (immigration) law. That mkes the arrest, and any associated coercion, legitimate in my book.
And by the way, don’t call Barnett a vigilante – the new conservatively correct term (as pointed out by Michelle Malkin) is “undocumented Border Patrol Agent.”
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The Mexican government has asked U.S. officials to ensure illegal-immigration protesters patrolling the Arizona border next month do not abuse Mexican nationals caught illegally entering the United States.
In a diplomatic note to U.S. officials, Geronimo Gutierrez, undersecretary for North American affairs at Mexico's Foreign Ministry, suggested it was "very probable" the protesters could violate the rights of illegal aliens, and that they must be monitored.
"What there is concern about is that some of these actions that could be taken could be in violation of federal and state laws to the detriment of Mexican citizens," Mr. Gutierrez said. "Mexico doesn't want the rights of its citizens transgressed, especially if those actions are in violation of federal and state laws."
You know what, Geronimo? If you folks are so concerned about the welfare of these folks, deploy your army along the border to stop them from crossing our border in the first place. If you wonÂ’t do that, then quit complaining about American citizens doing the job instead. And the same goes for the folks in Washington, from George W. Bush on down, who wonÂ’t get serious about the issue of border security.
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Deputy Police Chief Rudy McIntosh said he had no regrets about aiding the FBI even though the agency told him that he and his family would be at risk. He said the investigation that has led to the indictment of five so far would result in several more arrests.
Kelvin Ellis, the city's former regulatory affairs director, was arrested Jan. 21 on charges that he tried to have a federal witness killed. He is being held without bail.
The heart of the case against Ellis is a series of conversations the two men had while McIntosh was wearing a wire. The two men are precinct committeemen, and McIntosh sought Ellis' advice on climbing the political ladder. McIntosh, 45, is running for East St. Louis Township supervisor in the election April 5.
In his first public comments on the investigation, McIntosh said Monday that he was able to work his way into the city's political power base and then use what he had learned against those who trusted him.
"They let an honest man into a corrupt circle," McIntosh said, referring to some in the city's powerful Democratic Central Committee. "That was the biggest mistake they could make."
McIntosh has been threatened, maligned, and suspended from his job because of his courage. LetÂ’s hope that his sacrifice is worth it, and that the people of East St. Louis, like the people of Iraq, will one day be permitted to vote in an honest election.
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You see, Romero was the Parkway Rapist, the long-unidentified perpetrator of a series of 13 Salt Lake City area rapes. His victims were mostly teenagers, but included one 9-year-old girl.
"They took away everything": Romero's father still speaks with his son. "It's my duty as a father not to abandon him," Michael Romero says. But most other members of Romero's family have ended their support.
A longtime girlfriend cut off contact when she learned of the DNA match. She even offered to aid police in the investigation.
Rudy Romero's square jaw trembles and his hands shake when he speaks about his children. There are eight in all, and he doesn't even know where most of them are.
"They took away my family," he says. "They took away everything - every last bit or respect I had."
Somehow, this piece of filth doesn’t understand that he doesn’t deserve any respect. He is one of the lowest of the low – a sexual predator who preys on children. Those who have turned their backs on him are better off for putting him out of their lives.
And then there is this complaint, one which made my blood boil.
With each move, he has been strip-searched - his body probed for contraband. The searches are unwelcome, invasive, emasculating. Prisoners who resist are searched by force.
"It's sexual assault," he cries, noting that he has never been caught with any contraband. "It's rape. Don't you understand? I don't deserve this."
Suddenly, silently, the man accused of sexually assaulting 13 females - most of them not even old enough to drive - raises his shaved head and wipes the tears from his eyes.
Somehow I just can’t find it in me to find a bit of sympathy. Part of me would really like to see him put in the general population, where he could mix with fellow inmates like the one quoted in the article, though my better nature knows we don’t punish people in this manner.
"Now he's getting a taste of the world he created for his victims," says one inmate who was incarcerated for several months in the same unit as Romero at the Utah State Prison. "He still tries to act tough, but he's no more liked in here than he is on the outside."
Unfortunately, Romero can never be charged with his crimes. The statute of limitations ran out long ago. Fortunately, he was back in prison after a parole violation when the DNA match was made. That meant that the parole board could take note of the match and stop his release – and set a 25 year date for his next parole hearing on the five-to-life sentence he is serving for robbery. Civil libertarians are, of course, outraged.
But I’m not, nor should any other person with a sense of decency.
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Zahi Hawass, secretary general of the Supreme Council of Antiquities, announced the results of the CT scan about two months after it was performed on Tut's mummy.
Hawass said the remains of Tutankhamun, who ruled about 3,300 years ago, showed no signs that he had been murdered - dispelling a mystery that has long surrounded the pharaoh's death.
"In answer to theories that Tutankhamun was murdered, the team found no evidence for a blow to the back of the head, and no other indication of foul play," according to a statement released Tuesday by Egyptian authorities.
"They also found it extremely unlikely that he suffered an accident in which he crushed his chest."
Hawass said some members of the Egyptian-led research team, which included two Italian experts and one from Switzerland, interpreted a fracture to Tut's left thighbone as evidence that the king may have broken his leg badly just before he died.
"Although the break itself would not have been life-threatening, infection might have set in," the statement said. "However, this part of the team believes it also possible, although less likely, that this fracture was caused by the embalmers."
So instead of the more fascinating story of royal intrigue, we have a different sort of tragedy ending the life of the young king. I’ll have to admit – I’m disappointed.
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You see, Romero was the Parkway Rapist, the long-unidentified perpetrator of a series of 13 Salt Lake City area rapes. His victims were mostly teenagers, but included one 9-year-old girl.
"They took away everything": Romero's father still speaks with his son. "It's my duty as a father not to abandon him," Michael Romero says. But most other members of Romero's family have ended their support.
A longtime girlfriend cut off contact when she learned of the DNA match. She even offered to aid police in the investigation.
Rudy Romero's square jaw trembles and his hands shake when he speaks about his children. There are eight in all, and he doesn't even know where most of them are.
"They took away my family," he says. "They took away everything - every last bit or respect I had."
Somehow, this piece of filth doesn’t understand that he doesn’t deserve any respect. He is one of the lowest of the low – a sexual predator who preys on children. Those who have turned their backs on him are better off for putting him out of their lives.
And then there is this complaint, one which made my blood boil.
With each move, he has been strip-searched - his body probed for contraband. The searches are unwelcome, invasive, emasculating. Prisoners who resist are searched by force.
"It's sexual assault," he cries, noting that he has never been caught with any contraband. "It's rape. Don't you understand? I don't deserve this."
Suddenly, silently, the man accused of sexually assaulting 13 females - most of them not even old enough to drive - raises his shaved head and wipes the tears from his eyes.
Somehow I just canÂ’t find it in me to find a bit of sympathy. Part of me would really like to see him put in the general population, where he could mix with fellow inmates like the one quoted in the article, though my better nature knows we donÂ’t punish people in this manner.
"Now he's getting a taste of the world he created for his victims," says one inmate who was incarcerated for several months in the same unit as Romero at the Utah State Prison. "He still tries to act tough, but he's no more liked in here than he is on the outside."
Unfortunately, Romero can never be charged with his crimes. The statute of limitations ran out long ago. Fortunately, he was back in prison after a parole violation when the DNA match was made. That meant that the parole board could take note of the match and stop his release – and set a 25 year date for his next parole hearing on the five-to-life sentence he is serving for robbery. Civil libertarians are, of course, outraged.
But IÂ’m not, nor should any other person with a sense of decency.
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Christopher Levenick and Michael Novak provide a great overview of the religious lives and beliefs of the Founding Fathers. In the process, they demolish a recent piece in The Nation by Brooke Allen. I couldnÂ’t summarize the column a way that does it justice, so I will simply encourage you to read it for yourself. ItÂ’s a keeper.
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Former President Clinton will undergo a medical procedure this week to remove an unusual buildup of fluid and scar tissue from his chest, six months after he underwent quadruple bypass surgery, his office said Tuesday. "I feel fine," Clinton said in Washington.
The low-risk procedure will take place Thursday at New York-Presbyterian Hospital/Columbia University Medical Center. Clinton will remain hospitalized for three to 10 days and is expected to make a "full functional recovery," doctors said.
Clinton, who planned to play a golf tournament in Florida on Wednesday with former President George H.W. Bush for tsunami relief, said doctors discovered the condition during a recent X-ray. He called the surgery a "routine sort of deal."
"I feel fine," Clinton told reporters following a visit to the Oval Office with the former president. "And we're going to go play golf tomorrow."
The procedure, known as a decortication, will remove scar tissue that has developed as a result of fluid buildup and inflammation, causing compression and collapse of the lower lobe of the left lung, doctors said. The surgery will be done either through a small incision or with a video-assisted thoracoscope inserted between ribs.
It sounds like a relatively uncomplicated procedure, but any time you are messing with the heart there is the potential for trouble. HereÂ’s hoping for a speedy recovery.
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March 07, 2005
The Roper majority purported to ground its ruling in the nation's "evolving standards of decency," which it says have led to a "national consensus" against the execution of juvenile murderers. Even if there were such a consensus -- and there clearly is not -- there is no reason to believe that it is chiseled in granite.
But by deciding that public opinion has moved decisively on this question, then grafting that decision onto the constitution, the court has stripped lawmakers of the right to someday change their minds. Yet when has legislative support for capital punishment ever been static? As Justice Antonin Scalia notes in his dissent, it "has surged and ebbed throughout our nation's history."
In the years after World War II, for example, there was a dramatic fall-off in executions, as many states went through a phase of abolishing or restricting capital punishment. For several years beginning in 1968, in fact, executions came to a halt.
By the logic of the Roper majority, the Supreme Court could have declared back then that "evolving standards" had reached a "national consensus" in favor of eliminating the death penalty once and for all. In hindsight, we know that any such declaration would have been ludicrous -- within a few years, support for the death penalty had soared. "But had this court then declared the existence of such a consensus, and outlawed capital punishment," wrote Justice Sandra Day O'Connor in a 1988 opinion quoted by Scalia last week, "legislatures would very likely not have been able to revive it. The mistaken premise of the decision would have been frozen into constitutional law."
And so there we have it. One of the myriad flaws of the decision in Roper v. Simmons is that it forever freezes into place an alleged consensus on the juvenile death penalty (one which I would argue does not even exist). By making its decision on constitutional grounds, the issue of the existence of a national consensus is hereafter moot. Bound by stare decisis, any future court would be bound to strike down any law purporting to legalize the death penalty for juveniles, regardless of the will of the people and their representatives in government. The “evolving standards of decency” to which Justice Kennedy refers will not be allowed to evolve the other direction. In short, the position of a minority of death penalty states (a mere 47% of them) against executing 16 & 17 year olds has been incorporated into the sacred language of the Bill of Rights, and it will be virtually impossible to undo the result.
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Dunagan made eight movies as a child after being discovered at a Memphis, Tenn., talent show. They included 1939's Son of Frankenstein with Boris Karloff and Tower of London with Basil Rathbone. But his career ended when his family fractured. He wound up in boarding homes, then joined the military as a teen.
"I adopted the Marines, and the Marines adopted me," Dunagan said.
Dunagan distinguished himself in the service. The curly-haired lad with the Southern drawl whom Karloff had hoisted on a monster's shoulder became the youngest Marine drill instructor ever. A boxer and devoted Harley rider, Dunagan served three tours in Vietnam and was wounded several times.
Like I said – one tough deer.
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He teaches. He doesn't preach.
His reward? After more than 20 years, Mitchell may be out at CU.
Mitchell isn't as alluring as Churchill. He doesn't hold tenure - or a plastic AK-47. Only bachelor's and master's degrees in education, as well as a doctorate in American social history from CU.
He began teaching history in 1984, and in 1998, Mitchell won the prestigious SOAR Award for teacher of the year.
Recently, William Wei, director of the Sewall Academic Program, let Mitchell know that CU would not be renewing his contract after this year because "his teaching was not up to the department standards."
What is the basis for such a judgment? Why has Mitchell been ousted from his non-tenured position? It would appear to relate to a couple of recent incidents in which he introduced “diverse ideas” into his classes.
Mitchell taught at the Hallett Diversity Program for 24 straight semesters. That is, until he made the colossal error of actually presenting a (gasp!) diverse opinion, quoting respected conservative black intellectual Thomas Sowell in a discussion about affirmative action.
Sitting 5 feet from a pink triangle that read "Hate-Free Zone," the progressive head of the department berated Mitchell, calling him a racist.
"That would have come as a surprise to my black children," explains Mitchell, who has nine kids, as of last count, two of them adopted African-Americans.
Then, Mitchell had the audacity to use a book on liberal Protestantism in the late 19th century. So repulsed by the word "god" was one student, she complained, and the department chair fired him without a meeting, he said.
Apparently the failure to remain politically correct is grounds for termination at Colorado. So in all likelihood the outcome is that Mitchell will be fired for being a scholar who introduces mainstream academic material into his classes – and a bomb-throwing, lying America-hater like Churchill will be retained. What a shame that it isn’t the other way around.
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THE CATHOLIC CHURCH: A practicing Catholic, as is her husband, Heinz Kerry remains outraged at attacks by bishops on her husband's pro-choice views.
"You cannot have bishops in the pulpit -- long before or the Sunday before the election -- as they did in Catholic churches, saying it was a mortal sin to vote for John Kerry," she said.
Heinz Kerry gave no examples. Last year, a few ultraconservative prelates said they would not allow the Democratic nominee to receive communion in their dioceses. The bishop of Colorado Springs declared that Catholics voting for pro-choice candidates were not welcome at the communion rail.
"The church has a right and obligation to teach values," Heinz Kerry declared. "They don't have a right to restrict freedom of expression, which they did."
Actually, the bishops restricted no oneÂ’s freedom of expression. They refused to allow Church property to be used by your abortion-promoting husbandÂ’s campaign, and they exercised their teaching authority to impose a legitimate Church sanction against your husband. But your husband was nowhere prevented from speaking or getting his message out.
COUNTING THE VOTES: Heinz Kerry is openly skeptical about results from November's election, particularly in sections of the country where optical scanners were used to record votes.
"Two brothers own 80 percent of the machines used in the United States," Heinz Kerry said. She identified both as "hard-right" Republicans. She argued that it is "very easy to hack into the mother machines."
"We in the United States are not a banana republic," added Heinz Kerry. She argued that Democrats should insist on "accountability and transparency" in how votes are tabulated.
"I fear for '06," she said. "I don't trust it the way it is right now."
The reality is that your husband did about as well as the polls showed he would do in the closing days of the campaign. More votes were cast and counted than any election in US history. And despite all your concerns about high-tech voter fraud, you failed to notice the low-tech voter fraud committed by Democrats in the very state in which you were speaking, which put a fraud-tainted Democrat into the GovernorÂ’s mansion. There is also the question of LACK OF EVIDENCE to support your innuendo.
A SECOND KERRY RUN: Heinz Kerry won't stand in the way of a second presidential bid by her husband. She tersely summed up emotions at the end of November's long election night: "No tears, some sadness."
"I think we should focus on '06: If '06 doesn't work out, '08 will be impossible," she argued. "If it were right for John to do it -- and he felt right -- he would do it again (in 200. If he didn't feel it right, he wouldn't."
Oh please, oh please, oh pleeeeeeeeeeeeaaaaaazzzzzzeeeeeee! Urge him to run. We Republicans wonÂ’t even need to do any opposition research. By the way, when will he be signing that DD-180?
Well, there you have it – the woman is every bit as loony as she seemed on the campaign trail..
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March 06, 2005
Here is the most recent winning council post, here is the most recent winning non-council post, here is the list of results for the latest vote, and here is the initial posting of all the nominees that were voted on.
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On their tour of tsunami damage in Southeast Asia, former President Bill Clinton once allowed his predecessor, former President George H.W. Bush, to sleep on the plane's only bed while he stretched out on the floor.
The government plane in which the presidents toured the disaster area had one large bedroom and another room with tables and seats, according to an interview with Bush in this week's Newsweek.
Bush, 80, said Clinton offered ahead of time to give the older former president the bedroom so he could lie flat and avoid paining his body. Clinton, 58, decided to play cards in the other room that night.
The next morning, Bush said he peeked in and saw Clinton sound asleep on the plane's floor.
"We could have switched places, each getting half a night on the bed, but he deferred to me. That was a very courteous thing, very thoughtful, and that meant a great deal to me," Bush said.
Bush said he and Clinton are not close, but have been compatible on the tour, partly because Clinton respects his age
Why do I respond this way to a story like this? Because this isn't a "for public consumption" action on his part. Who was going to find out that Clinton did the decent thing by giving Bush the bed for the entire night? The likely answer is that nobody would have known were it not for 41's recounting of the tale. That is reason enough for me to believe that his actions were based upon something other than a desire for good press.
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On the night of Nov. 12, 2003, Robert Aaron Acuna murdered my parents in their Baytown home as they were getting ready for dinner.
My father, 76, was in the garage sitting in a chair, listening to talk radio. Evidence indicates that he was forced to kneel, then shot once through the back of the head with a .38 caliber handgun. His wallet, with credit cards, car keys and cash, were stolen.
My mother, who was 74 and unable to move around without her walker, was in the house, sitting at the kitchen table. She, too, was forced to kneel, and shot twice in the face. The first shot was not fatal. Enough time passed between the first shot and the second shot for her to actually grab a roll of paper towels and wipe some of the gore off of her face. Then Acuna shot her again, this time fatally.
On the morning of Nov. 13, 2003, Acuna was due to appear in court on charges of aggravated robbery. He was charged with, and later confessed to, pulling a knife on an elderly man in the parking lot of the San Jacinto Mall in Baytown.
He did not show up that morning in court. He had stolen my father's car after the murders and had driven to Dallas. On Sunday, Nov. 16, Acuna was arrested at a hotel in Dallas for the murders of James and Joyce Carroll. He had in his possession their credit cards, my father's wallet, car and several personal items, which had been taken from the Carroll house. He was also found to have three shell casings consistent with the murder weapon.
Fortunately for Robert Aaron Acuna, the Supreme Court of the United States decided that he and others like him lacked the capacity to determine whether or not such actions were right or wrong. As a result, Acuna will be spared the lethal injection the crime described above so richly merits.
And Tim Carroll and his family will be denied the justice they so richly deserve. They will have to pay to house and feed Acuna for at least the next forty years, at which point Acuna may be released under a provision of Texas law which declares that a life sentence equals forty years for purposes of parole.
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A 15-year-old girl decided to die. She took three bottles of prescription medication and proceeded to school. Later that day, her mother received a phone call from a school administrator causing her to rush to the emergency room not knowing whether her daughter was dead or alive.
Upon entering the hospital, the mother was met, not by a doctor, but by a school administrator. There were no condolences, just an administrator informing the mother that, because of school policy, her daughter would be suspended and then remanded to the district's disciplinary alternative school for a mandatory 60 days. She served her suspension in a hospital bed.
Such policies, of course, leave no room for nuanced decision-making, individual differences, or examination of the totality of the facts. Rather, they take a harsh and legalistic approach that allows for no deviation from a harsh standard that gives no consideration to motive, intent, or outcome. Thus the use of pills on the suicide attempt described above was treated no differently than kids passing a joint under the bleachers, and receive exactly the same sanction. A rational approach would have instead seen the girl referred for counseling and returned to class when she was ready, not put into a disciplinary program with the worst kids in the district.
I think back to a case on a campus in my district, involving a student I knew very well. He was an honor student, and one of the leadership cadre in the ROTC program on the campus. That position made him one of the handful of kids on campus to have access to the email system. One day he received a pornographic picture from a student at another school in another district. He immediately sent it to the trash folder, but didn't empty the trash before logging off the program. The other kid was caught by his school sending porn from his school account, and his principal sent an email to the principals of the students who received the emails. The email was found in the trash folder, right where the receiving student had put it -- and as a result that student received a month in the district disciplinary school and (as a consequence) lost all of his rank in the ROTC program. Rather than considering the fact that the email was in the trash folder as evidence of his intent to get rid of the porn, its presence was viewed as evidence of his intent to keep the picture.
Ask any teacher you know -- they will be able to tell you any number of stories about a student who received a disproportionate punishment under zero tolerance policies. So can many parents. That is why parents in one local district have formed Katy Zero Tolerance, a group devoted to restoring the rights of students and parents to reasonable treatment in school discipline situations and to ending the nonsensical application of zero tolerance policies. The example above comes from a column in today's Houston Chronicle by the group's president, Fred Hink. He's promoting Texas Senate Bill 126 and Texas House Bills 442 and 461, which will rein-in some of the abuses cause by zero tolerance policies. These proposals deserve some consideration, and I encourage you to look at the group's website for further information.
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It is already provoking a backlash. Anna Wintour, the British editor-in-chief of American Vogue, was attacked when she turned up at a Lagerfeld show in a lamb’s wool jacket dyed pink. A woman shoved food in her face and shouted: “That’s for all the little animals.”
The week before, activists from People for the Ethical Treatment of Animals (Peta) took over a window of Prada’s flagship store in Milan, smearing themselves with blood and carrying slogans declaring “Death for Sale”.
Yeah, those are certainly productive activities. Assaulting someone because you don't like their clothes is a crime. So is trespassing and vandalizing private property.
And then there are the agonized words of this UK Humane Society official.
Rick Swain, an investigator for the Humane Society of the United States, visited a karakul farm in Uzbekistan posing as the owner of a chain of boutiques, making a video of what he saw. “I insisted on seeing the slaughterhouse,” he said.
“We could hear what sounded like the cries of lambs as we were led into this 20ft by 20ft building with hooks in the ceiling.
“The floor was covered with blood and there were carcasses of dead baby lambs.”
And then there are the complaints of this PETA staffer.
Sean Gifford, Peta’s director of European campaigns, said: “The fur trade is a violent, bloody business but these skins are particularly gruesome.
“Upwards of 4m lambs are slaughtered every year for these coats. A ewe can usually have four births in a lifetime. The first three lambs are slaughtered after they are born.
“But the mother is butchered 15 to 30 days before giving birth to the fourth lamb. The unborn lamb is then ripped from her belly. Its skin has not had a chance to develop so it is softer and more highly valued.”
You know, I'm not a big one for fur. I love animals. But I just can't get too outraged by this -- especially when liberals refuse to add their voices against the cruelty found in this sort of outrage.
A pliers-like instrument is used because the babyÂ’s bones are calcified, as is the skull. There is no anesthetic for the baby. The abortionist inserts the instrument up into the uterus, seizes a leg or other part of the body, and, with a twisting motion, tears it from the babyÂ’s body. This is repeated again and again. The spine must be snapped, and the skull crushed to remove them. The nurseÂ’s job is to reassemble the body parts to be sure that all are removed.
Or maybe this one would trouble them.
According to nurse Shafer, the baby was alive and moving as the abortionist “delivered the baby’s body and arms - everything but the head. The doctor kept the baby’s head just inside the uterus. The baby’s little fingers were clasping and unclasping, his feet were kicking. Then the doctor stuck the scissors through the back of his head, and the baby’s arms jerked out in a flinch, a startle reaction, like a baby does when he thinks he might fall. The doctor opened up the scissors, stuck a high-powered suction tube into the opening and sucked the baby’s brains out. Now the baby was completely limp.”
But somehow I doubt that they will join the chorus of condemnation of these activities. After all, the latter two only result in the death of human babies, not the much more imporant and morally valued karakul lambs of Uzbekistan.
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Last month, Howard Watters received a delivery via UPS. It was his father's Purple Heart.
"I am excited that the distinguished award is now in the right place. I know it means a great deal to you and your family," read the Feb. 12 letter from Allen Boyd of Weatherford, Okla.
Said Watters: "I still get goose bumps when I think about it sometimes."
Boyd said he bought the medal for $1 at an estate sale while on a summer vacation four years ago in Gunnison, Colo.
In an interview last week, he said as a patriotic gesture he wanted to find relatives of the man whose name was inscribed on the back: Sgt. 1st Class Cecil H. Watters.
"I'm the kind of guy who gets choked up when we have Veterans Day assembly," said Boyd, a math teacher whose father was a Korean War veteran.
You know, it would have been easy to keep the medal. I mean, there are plenty of folks out there who collect such things. They turn up in estate sales, garage sales, and pawn shops all the time. To try to actually return the medal is a difficult task. It would be hard to find who the proper family members would be. But Allen Boyd did.
His search for Watters began in Colorado, on the Internet.
"That was an enormous task," he said. "I didn't know what war it was from. I thought maybe it was World War II ... and then I got to thinking, if this person was awarded the Purple Heart for being killed in action and didn't have a son, there might not be anybody left."
His online sleuthing at a temporary dead end, he sought help from the Pentagon. That too, brought no success.
Then one day he found a Web site he'd never seen before. It listed a Cecil H. Watters from Mahaska County, Iowa, as being killed in action in 1950.
"I didn't know anything about Iowa so I went to a map," Boyd said.
Through phone calls he located William Watters, Howard's cousin from Oskaloosa, Iowa, who put him in touch with another relative. That relative, an uncle, got on the phone to Howard Watters and told him the medal had been found.
Having gown up in a military family, I know how important medals are. They tell the stories of valor, of sacrifice, and of day-to-day acts of courage that are the stock in trade of the soldier, sailor, and airman. Whenever possible, they belong in the hands of those whose sacrifices earned them, or the hands of their family members. Allen Boyd understands that, too. The reaction of Howard Watters explains why that is so.
For Watters, 54, having the medal back is a priceless experience. He said he owes Boyd a debt of gratitude for the effort he made to track him down.
"The odds of me ever seeing this again were astronomical. It's like me hitting the best lottery I could ever hit," he said.
He got "misty-eyed" when he opened the package, his wife, Glenda, said.
"I really don't know how to explain it," Watters said. "It's something I never thought I'd ever see again. I've got something now that belonged to my dad that I wouldn't have had otherwise."
Sadly, we live in a day when men and women of our nation are again being asked to make sacrifices that will leave children without a parent, parents without a child, and groups of siblings one member short. Medals like these are a tangible reminder of the heroism and self-sacrifice of that missing loved one. How many families are missing that reminder because it has been lost or stolen? How important would its return be?
In his letter to Howard Watters, Boyd wrote, "Your dad's Purple Heart was displayed in our home where we were asked many questions about its origin. I continued to periodically search for the owner's family. I knew someone, somewhere was looking for it."
Thank you, Sgt. 1st Class Cecil H. Watters, for your sacrifice for your country.
Thank you, Mr. Boyd, for doing the decent thing.
And to anyone else out there who has a Purple Heart or other military decoration that doesn't come from your family -- consider trying to locate the survivors of the man who earned it. It would almost certainly mean more to them than it ever will to you.
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In 1999, a misguided Legislature passed a bill that made it a crime to make a false allegation of misconduct against a police officer.
It didn't take long for the law to claim its first victim. In 2000, Washoe County resident Robert Eakins griped about Reno police in a letter to the city's mayor. The mayor forwarded the letter to police, who used the law's vague language to label the correspondence a formal complaint. Mr. Eakins was jailed for 14 hours.
In 2002, a federal judge ruled the law was unconstitutional for many reasons, among them its exclusive application to law enforcement officers and not other public officials.
Last week, Sen. Maggie Carlton, D-Las Vegas, introduced Senate Bill 150. To revive the unconstitutional law, this bill would make it a crime -- you guessed it -- to lodge a false allegation against any public official. If this bill is passed, most every taxpayer who has put into writing his frustration with the Legislature's inaction on property tax increases could end up incarcerated.
The public has a guaranteed right to criticize government and public officials. The 1999 law belongs in a distant, unmarked grave where it can never be unearthed for reconsideration.
Now mind you, I don't favor false misconduct claims against cops. My brother is a sergeant with an Oregon police department, and we watched in horror some years back as the district attorney and her ex-con boyfriend used her office to pursue a false charges against two of the cops on the department because they had caused his parole to be revoked. But when filing a legitimate complaint against a police officer can result in criminal penalties against a citizen because of a good-faith disagreement on what is proper police conduct, the law is no good.
To expand it to include complaints against any public official or employee is even worse. Consider this -- does claiming that a member of the legislature is a "tool of special interests" (as opposed to claiming he is a tool) constitute an allegation of bribery? What about a letter to the editor saying that he is dishonest? And we won't get into the dozens of he said/she said conflicts that happen every day between citizens and public employees -- would those be fodder for criminal charges? And what of the right to petition government for redress of grievances if the government can decide that such petitions citizens are wrong and subject them to criminal charges?
Here's hoping that Nevada voters will remember that Sen. Maggie Carlton, D-Las Vegas, is opposed to their right to complain about government, and exercise their right to
express their disapproval by voting her out of office.
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March 05, 2005
You may have noticed that my blogging has been erratic the last few days. My darling wife and I are in the midst of that annual celebration of western heritage that is the Houston Livestock Show and Rodeo. So far we've seen Brooks and Dunn, Alan Jackson, and Alicia Keys, in addition to the many marvelous cowboys and cowgirls and spectacular animal performers who are part of the entertainment.
Folks, HLSR and RodeoHouston are a charity. They raise money for scholarships for students throughout Texas, and also for teacher training programs. Reliant Stadium is a big place, and only Alicia keys has sold the place out this year (she set a new Rodeo attendance record last night). I'd like to encourage people who are close enough to attend to come out for a night of great entertainment to help a great cause. It runs through March 20, so pick a night and come out for some fun!
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Hopefully they will give me another call, especially if the subject is education.
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The 52 Funniest Things About The Upcoming Death of The Pope
52. Pope pisses himself just before the end; gets all over nurse.
51. After death, saggy, furry tits of dead Pope begin inexorable process of melting away into nothingness, like coldest of Sno-cones under faintest of suns.
While that might be horrible, I am distressed to say that it gets worse from there.
William Donahue of the Catholic League for Religious and Civil Rights offered the following statement on the about the abuse of one of the great spiritual, moral, and political leaders of our era.
“There are many in our society who have long been threatened by the teachings of the Catholic Church, especially those which address sexual ethics. Take the New York Press, for example. Its celebration of libertinism leaves it squarely at odds with the sexual reticence favored by Catholicism. It also leaves it squarely at odds with nature, which explains why attending funerals is not an uncommon experience for those who work there. But like a dopey dog who doesn’t recognize his master, they plod along never learning from the wisdom the Catholic Church has to offer. And, of course, they hate the pope. Which makes sense: he is the one man whose commitment to the truth has literally driven them over the edge.”
I have to agree. Clearly these folks are driven to extreme hatred by the fact that some would dare to follow the teachings of Jesus of Nazareth rather than Dr. Kinsey and his horde of sexually deviant followers. Given what we know about the two, I'll take Jesus and John Paul over the hate-filled nihilism of Matt Taibbi and the New York Press.
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March 03, 2005
In another one of Anthony Kennedy?s opinions declaring constitutional law based on extra-constitutional sources, the Supreme Court handed down a
5-4 decision declaring that the Constitution bans the execution of individuals who were under the age of 18 at the time they committed a murder. While the case only changes the fates of about 70 or so individuals, it is distressing because it continues a number of trends in recent SCOTUS legislation from the bench.
"The age of 18 is the point where society draws the line for many purposes between childhood and adulthood. It is, we conclude, the age at which the line for death eligibility ought to rest," Justice Anthony Kennedy wrote.
But that line is not absolute. For example, there is no lower age for exercise of the so-called ?right to choose? to kill one?s unborn child. Why do the justices conclude that teens have sufficient maturity, stability and intellectual capacity to make that decision? After all, their impulsiveness and willfulness is obvious in the poor choices made which led them to become pregnant in the first place. But I sincerely doubt that the Supreme Court will suddenly declare that the execution of innocents under the age of 18 must stop by those who have not reached the ?line... between childhood and adulthood.? As Justice Scalia points out, that is the opposite of what the Court has held in the past.
In other contexts where individualized consideration is provided, we have recognized that at least some minors will be mature enough to make difficult decisions that involve moral considerations. For instance, we have struck down abortion statutes that do not allow minors deemed mature by courts to bypass parental notification provisions. See, e.g., Bellotti v. Baird, 443 U. S. 622, 643.644 (1979) (opinion of Powell, J.); Planned Parenthood of Central Mo. v. Danforth, 428 U. S. 52, 74.75 (1976). It is hard to see why this context should be any different. Whether to obtain an abortion is surely a much more complex decision for a young person than whether to kill an innocent person in cold blood.
So it seems that the law, as it stands now, is that the very simple moral question of whether or not to commit cold-blooded premeditated murder is beyond the ability of those under 18, but those same individuals are deemed capable of the more complex moral calculus involved in taking the life of an unborn child absent the consent (and often even the notification) of their parents. This patently absurd situation springs directly from the twin liberal desires to avoid taking human life by government (a laudable, if unrealistic, desire which results in giving the killer a greater moral weight than the victim) while casting abortion as a feminist sacrament.
But it gets even worse. Consider this Kennedy gem.
"It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty, resting in large part on the understanding that the instability and emotional imbalance of young people may often be a factor in the crime," he wrote.
Actually, no it isn?t proper that you acknowledge ?the weight of international opinion against the death penalty.? It is irrelevant to the issue of constitutionality. Your decision is supposed to be made based upon the laws of the United States, not those of any other country. What does OUR Constitution say? That is the question that should be asked. Even if one considers issues of treaty law, one need to respect the fact that failure to ratify the treaty means the terms of the treaty are irrelevant to your deliberations. That is why the UN Convention on the Rights of the Child cannot be used as a basis for this decision ? it was never ratified by the United States Senate, that body charged by the Constitution with ratifying treaties to make them binding. Similarly, the ratification of the International Covenant on Civil and Political Rights (ICCPR) includes a specific reservation, binding under US and international law, in which the US rejects the provisions cited by the court related to the death penalty.
he United States reserves the right, subject to its Constitutional constraints, to impose capital punishment on any person (other than a pregnant woman) duly convicted under existing or future laws permitting the imposition of capital punishment, including such punishment for crimes committed by persons below eighteen years of age.
In other words, the body with the constitutional duty to ratify treaties did so in a manner that gives specific sanction to the application of the death penalty to minors, but the majority of the justices in this case have declared that exercise of authority under the Constitution to be of no effect! So what we have is a court not only assuming the role of a legislature, but taking charge of American diplomacy as well.
And then there is the federalism question. Kennedy notes that "18 states -- or 47 percent of states that permit capital punishment -- now have legislation prohibiting the execution of offenders under 18.? As a result, that is sufficient grounds for telling the other 19 states with the death penalty ? 53 percent, if my math is correct ? that they cannot execute those under 18. The minority is going to dictate to the majority? And even if one includes all 50 states in the calculus, making it 62 percent refusing to execute 16 & 17 year olds, is that sufficient grounds for striking down the practice? After all, doesn?t each state have a sovereign right to formulate its own criminal code? Or is it now constitutional doctrine that the actions of the state legislature of Texas must be in conformity with those of the state legislatures of a majority of other states? The majority has implicitly driven a stake through the heart of federalism if this will be the standard.
What is the practical result of this decision? Well, for starters, it means that Lee Boyd Malvo, who participated in the multistate spree of sniper murders a couple of years ago, will not be tried for the remaining eight murders beyond he and his companion, John Muhammad, committed in 2002. Since he is currently serving two life sentences, there is no point in continuing with prosecutions that cannot achieve a death sentence for Malvo.
It also means that Christopher Simmons, who attorneys challenged his death sentence, will get to live. What had he done to deserve a sentence of death? Justice Kennedy outlines it well.
At the age of 17, when he was still a junior in high school, Christopher Simmons, the respondent here, committed murder. About nine months later, after he had turned 18, he was tried and sentenced to death. There is little doubt that Simmons was the instigator of the crime. Before its commission Simmons said he wanted to murder someone. In chilling, callous terms he talked about his plan, discussing it for the most part with two friends, Charles Benjamin and John Tessmer, then aged 15 and 16 respectively. Simmons proposed to commit burglary and murder by breaking and entering, tying up a victim, and throwing the victim off a bridge. Simmons assured his friends they could ?get away with it? because they were minors.The three met at about 2 a.m. on the night of the murder, but Tessmer left before the other two set out. (The State later charged Tessmer with conspiracy, but dropped the charge in exchange for his testimony against Simmons.) Simmons and Benjamin entered the home of the victim, Shirley Crook, after reaching through an open window and unlocking the back door. Simmons turned on a hallway light. Awakened, Mrs. Crook called out, ?Who?s there?? In response Simmons entered Mrs. Crook?s bedroom, where he recognized her from a previous car accident involving them both. Simmons later admitted this confirmed his resolve to murder her.
Using duct tape to cover her eyes and mouth and bind her hands, the two perpetrators put Mrs. Crook in her minivan and drove to a state park. They reinforced the bindings, covered her head with a towel, and walked her to a railroad trestle spanning the Meramec River. There they tied her hands and feet together with electrical wire, wrapped her whole face in duct tape and threw her from the bridge, drowning her in the waters below.
By the afternoon of September 9, Steven Crook had returned home from an overnight trip, found his bedroom in disarray, and reported his wife missing. On the same afternoon fishermen recovered the victim?s body from the river. Simmons, meanwhile, was bragging about the killing, telling friends he had killed a woman ?because the bitch seen my face.?
This is the animal that gets to live. Christopher Simmons said that he and his friend would ?get away with it? because they were minors. It seems he was right. Three hots and a cot for life, courtesy of the taxpayers of the state of Missouri ? including the family of Shirley Crook, who received no mercy, due process, or protection from cruel and unusual punishment at the hands of Christopher Simmons and Charles Benjamin.
But beyond that, there is the principle that the Constitution means what it says, not what today?s majority says it means. These are five justices who are drawing a line based upon their own policy preferences, not upon constitutional principle. Justice Scalia, the intellectual giant of the Rehnquist Court, sums up my position well in his dissenting opinion.
The Court thus proclaims itself sole arbiter of our Nation's moral standards--and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent.Posted by: Greg at 09:18 PM | No Comments | Add Comment
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March 02, 2005
Biology has a big influence on culture. That means gender roles have some connection to biology. While masculinity and femininity may be a social construct to one degree or another, much of it has a basis in the sex roles assigned by nature.
That is why I find the current uproar at Harvard to be somewhat stunning. No, not the Larry Summers thing. I mean the controversy over a speech given by Jada Pinkett Smith at an event sponsored by the Harvard Foundation for Intercultural and Race Relations. Pinkett Smith 's talk included a long section on how to be successful in relationships, and in doing so talked about how men and women relate to one another as spouses/partners. In doing so, she made members of the Bisexual, Gay, Lesbian, Transgender, and Supporters Alliance (BGLTSA) "uncomfortable."
BGLTSA Co-Chair Jordan B. Woods ’06 said that, while many BGLTSA members thought Pinkett Smith’s speech was “motivational,” some were insulted because they thought she narrowly defined the roles of men and women in relationships.
“Some of the content was extremely heteronormative, and made BGLTSA members feel uncomfortable,” he said.
Calling the comments heteronormative, according to Woods, means they implied that standard sexual relationships are only between males and females.
“Our position is that the comments weren’t homophobic, but the content was specific to male-female relationships,” Woods said.
Uh, dude -- standard sexual relationships ARE only between males and females. That is why the hetero/homo ratio is something like 90/10 (if you take the high estimate) or even 95/5 or less. That isn't a put-down, that is simply an acknowledgement of reality. If something takes place 90% or more of the time, then it IS the norm. That isn't a value judgement, that is simply reality.
My suggestion is that you folks get lives and worry about a real issue, not imaginary slights.
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September 11 was an attack, not just a string of coincidental strokes and heart failures that eliminated thousands of victims at once.
Recall some of the words that soon followed the September 11 atrocity. Kinko's stores, for instance, installed placed with the Stars and Stripes emblazoned across the lower 48 states. That graphic included this regrettable caption:
"The Kinko's family extends our condolences and sympathies to all Americans who have been affected by the circumstances in New York City, Washington, D.C. and Pennsylvania."
Circumstances? That word describes an electrical blackout, not terrorist bloodshed.
Similarly, September 11 was tragic, but far more, too. "The September 11 tragedy" misses the point: Tornadoes cause tragedies, but they are not malicious, as America's enemies were that day, and still are.
Victims of terrorism do not "die," nor are they "lost." They are killed, murdered, and slaughtered.
Likewise, many say that people "died" in the Twin Towers and at the Pentagon. No, people "die" in hospitals, often surrounded by their loved ones while doctors and nurses offer them aid and comfort.
The innocent people at the World Trade Center, the Defense Department, and that field in Shanksville, Pennsylvania, were killed in a carefully choreographed act of mass murder.
Just like Pearl Harbor, 9/11 was not a natural disaster. It wasn't a tsunami. Let's make the distinction.
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5-4 decision declaring that the Constitution bans the execution of individuals who were under the age of 18 at the time they committed a murder. While the case only changes the fates of about 70 or so individuals, it is distressing because it continues a number of trends in recent SCOTUS legislation from the bench.
"The age of 18 is the point where society draws the line for many purposes between childhood and adulthood. It is, we conclude, the age at which the line for death eligibility ought to rest," Justice Anthony Kennedy wrote.
But that line is not absolute. For example, there is no lower age for exercise of the so-called “right to choose” to kill one’s unborn child. Why do the justices conclude that teens have sufficient maturity, stability and intellectual capacity to make that decision? After all, their impulsiveness and willfulness is obvious in the poor choices made which led them to become pregnant in the first place. But I sincerely doubt that the Supreme Court will suddenly declare that the execution of innocents under the age of 18 must stop by those who have not reached the “line... between childhood and adulthood.” As Justice Scalia points out, that is the opposite of what the Court has held in the past.
In other contexts where individualized consideration is provided, we have recognized that at least some minors will be mature enough to make difficult decisions that involve moral considerations. For instance, we have struck down abortion statutes that do not allow minors deemed mature by courts to bypass parental notification provisions. See, e.g., Bellotti v. Baird, 443 U. S. 622, 643.644 (1979) (opinion of Powell, J.); Planned Parenthood of Central Mo. v. Danforth, 428 U. S. 52, 74.75 (1976). It is hard to see why this context should be any different. Whether to obtain an abortion is surely a much more complex decision for a young person than whether to kill an innocent person in cold blood.
So it seems that the law, as it stands now, is that the very simple moral question of whether or not to commit cold-blooded premeditated murder is beyond the ability of those under 18, but those same individuals are deemed capable of the more complex moral calculus involved in taking the life of an unborn child absent the consent (and often even the notification) of their parents. This patently absurd situation springs directly from the twin liberal desires to avoid taking human life by government (a laudable, if unrealistic, desire which results in giving the killer a greater moral weight than the victim) while casting abortion as a feminist sacrament.
But it gets even worse. Consider this Kennedy gem.
"It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty, resting in large part on the understanding that the instability and emotional imbalance of young people may often be a factor in the crime," he wrote.
Actually, no it isn’t proper that you acknowledge “the weight of international opinion against the death penalty.” It is irrelevant to the issue of constitutionality. Your decision is supposed to be made based upon the laws of the United States, not those of any other country. What does OUR Constitution say? That is the question that should be asked. Even if one considers issues of treaty law, one need to respect the fact that failure to ratify the treaty means the terms of the treaty are irrelevant to your deliberations. That is why the UN Convention on the Rights of the Child cannot be used as a basis for this decision – it was never ratified by the United States Senate, that body charged by the Constitution with ratifying treaties to make them binding. Similarly, the ratification of the International Covenant on Civil and Political Rights (ICCPR) includes a specific reservation, binding under US and international law, in which the US rejects the provisions cited by the court related to the death penalty.
he United States reserves the right, subject to its Constitutional constraints, to impose capital punishment on any person (other than a pregnant woman) duly convicted under existing or future laws permitting the imposition of capital punishment, including such punishment for crimes committed by persons below eighteen years of age.
In other words, the body with the constitutional duty to ratify treaties did so in a manner that gives specific sanction to the application of the death penalty to minors, but the majority of the justices in this case have declared that exercise of authority under the Constitution to be of no effect! So what we have is a court not only assuming the role of a legislature, but taking charge of American diplomacy as well.
And then there is the federalism question. Kennedy notes that "18 states -- or 47 percent of states that permit capital punishment -- now have legislation prohibiting the execution of offenders under 18.” As a result, that is sufficient grounds for telling the other 19 states with the death penalty – 53 percent, if my math is correct – that they cannot execute those under 18. The minority is going to dictate to the majority? And even if one includes all 50 states in the calculus, making it 62 percent refusing to execute 16 & 17 year olds, is that sufficient grounds for striking down the practice? After all, doesn’t each state have a sovereign right to formulate its own criminal code? Or is it now constitutional doctrine that the actions of the state legislature of Texas must be in conformity with those of the state legislatures of a majority of other states? The majority has implicitly driven a stake through the heart of federalism if this will be the standard.
What is the practical result of this decision? Well, for starters, it means that Lee Boyd Malvo, who participated in the multistate spree of sniper murders a couple of years ago, will not be tried for the remaining eight murders beyond he and his companion, John Muhammad, committed in 2002. Since he is currently serving two life sentences, there is no point in continuing with prosecutions that cannot achieve a death sentence for Malvo.
It also means that Christopher Simmons, who attorneys challenged his death sentence, will get to live. What had he done to deserve a sentence of death? Justice Kennedy outlines it well.
At the age of 17, when he was still a junior in high school, Christopher Simmons, the respondent here, committed murder. About nine months later, after he had turned 18, he was tried and sentenced to death. There is little doubt that Simmons was the instigator of the crime. Before its commission Simmons said he wanted to murder someone. In chilling, callous terms he talked about his plan, discussing it for the most part with two friends, Charles Benjamin and John Tessmer, then aged 15 and 16 respectively. Simmons proposed to commit burglary and murder by breaking and entering, tying up a victim, and throwing the victim off a bridge. Simmons assured his friends they could “get away with it” because they were minors.
The three met at about 2 a.m. on the night of the murder, but Tessmer left before the other two set out. (The State later charged Tessmer with conspiracy, but dropped the charge in exchange for his testimony against Simmons.) Simmons and Benjamin entered the home of the victim, Shirley Crook, after reaching through an open window and unlocking the back door. Simmons turned on a hallway light. Awakened, Mrs. Crook called out, “Who’s there?” In response Simmons entered Mrs. Crook’s bedroom, where he recognized her from a previous car accident involving them both. Simmons later admitted this confirmed his resolve to murder her.
Using duct tape to cover her eyes and mouth and bind her hands, the two perpetrators put Mrs. Crook in her minivan and drove to a state park. They reinforced the bindings, covered her head with a towel, and walked her to a railroad trestle spanning the Meramec River. There they tied her hands and feet together with electrical wire, wrapped her whole face in duct tape and threw her from the bridge, drowning her in the waters below.
By the afternoon of September 9, Steven Crook had returned home from an overnight trip, found his bedroom in disarray, and reported his wife missing. On the same afternoon fishermen recovered the victim’s body from the river. Simmons, meanwhile, was bragging about the killing, telling friends he had killed a woman “because the bitch seen my face.”
This is the animal that gets to live. Christopher Simmons said that he and his friend would “get away with it” because they were minors. It seems he was right. Three hots and a cot for life, courtesy of the taxpayers of the state of Missouri – including the family of Shirley Crook, who received no mercy, due process, or protection from cruel and unusual punishment at the hands of Christopher Simmons and Charles Benjamin.
But beyond that, there is the principle that the Constitution means what it says, not what todayÂ’s majority says it means. These are five justices who are drawing a line based upon their own policy preferences, not upon constitutional principle. Justice Scalia, the intellectual giant of the Rehnquist Court, sums up my position well in his dissenting opinion.
The Court thus proclaims itself sole arbiter of our Nation's moral standards--and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent.Posted by: Greg at 09:41 AM | No Comments | Add Comment
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March 01, 2005
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"Teachers do a lot with a little. All of a sudden, a lot of things that they do are just gone. It's demoralizing," said Rachel Baker, who has a son in kindergarten.
Teachers say they don't want to stop volunteering their time.
"It's hard," said high school math teacher Judith Bodenhauser. "I have stacks of papers I haven't graded. Parents want to talk to me; I don't call them back."
The action was organized by the Berkeley Federation of Teachers, which wants a cost-of-living increase next year.
Asking for a cost-of-living increase isnÂ’t unreasonable. If Ms. Baker wants the teachers back, all she needs to do is get together with other parents and pressure the school board to get with the program and give the rather modest raise that the teachers are seeking.
That is, of course, assuming that you really do value all those things that teachers usually do.
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One of the controversies from last year’s Oscars was the decision to honor Leni Riefenstahl, whose work celebrated Hitler and National Socialism in the 1930s, as part of the obituary segment. This year the Academy failed to honor Theo Van Gogh, the iconoclastic Dutch filmmaker murdered by Islamofascists last fall. K.J. Lopez, in National Review Online’s “The Corner,” noted this fact on Monday, only to receive the following email.
"If you are murdered by Islamists because they do not like the movie you made about the way they treat women you do not get recognized by the academy. If you are Hitler's propagandist you do. What does that say about Hollywood?"
What, indeed?
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