Independence
Day, July 4, is our country's 236th birthday. It's a good time to
re-read the document through which we became a nation. Happy Fourth of July!
The Supreme Court on the Affordable Care Act - Implications for 2012 Senate Races
IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America
When in the Course
of human events it becomes necessary for one people to dissolve the
political bands which have connected them with another and to assume
among the powers of the earth, the separate and equal station to which
the Laws of Nature and of Nature's God entitle them, a decent respect to
the opinions of mankind requires that they should declare the causes
which impel them to the separation.
We hold these truths
to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness. — That to secure
these rights, Governments are instituted among Men, deriving their just
powers from the consent of the governed, — That whenever any Form of
Government becomes destructive of these ends, it is the Right of the
People to alter or to abolish it, and to institute new Government,
laying its foundation on such principles and organizing its powers in
such form, as to them shall seem most likely to effect their Safety and
Happiness. Prudence, indeed, will dictate that Governments long
established should not be changed for light and transient causes; and
accordingly all experience hath shewn that mankind are more disposed to
suffer, while evils are sufferable than to right themselves by
abolishing the forms to which they are accustomed. But when a long train
of abuses and usurpations, pursuing invariably the same Object evinces a
design to reduce them under absolute Despotism, it is their right, it
is their duty, to throw off such Government, and to provide new Guards
for their future security. — Such has been the patient sufferance of
these Colonies; and such is now the necessity which constrains them to
alter their former Systems of Government. The history of the present
King of Great Britain is a history of repeated injuries and usurpations,
all having in direct object the establishment of an absolute Tyranny
over these States. To prove this, let Facts be submitted to a candid
world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his
Governors to pass Laws of immediate and pressing importance, unless
suspended in their operation till his Assent should be obtained; and
when so suspended, he has utterly neglected to attend to them.
He has refused to
pass other Laws for the accommodation of large districts of people,
unless those people would relinquish the right of Representation in the
Legislature, a right inestimable to them and formidable to tyrants only.
He has called
together legislative bodies at places unusual, uncomfortable, and
distant from the depository of their Public Records, for the sole
purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a
long time, after such dissolutions, to cause others to be elected,
whereby the Legislative Powers, incapable of Annihilation, have returned
to the People at large for their exercise; the State remaining in the
mean time exposed to all the dangers of invasion from without, and
convulsions within.
He has endeavoured
to prevent the population of these States; for that purpose obstructing
the Laws for Naturalization of Foreigners; refusing to pass others to
encourage their migrations hither, and raising the conditions of new
Appropriations of Lands.
He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with
others to subject us to a jurisdiction foreign to our constitution, and
unacknowledged by our laws; giving his Assent to their Acts of
pretended Legislation:
For quartering large bodies of armed troops among us:
For protecting them,
by a mock Trial from punishment for any Murders which they should
commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefit of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the
free System of English Laws in a neighbouring Province, establishing
therein an Arbitrary government, and enlarging its Boundaries so as to
render it at once an example and fit instrument for introducing the same
absolute rule into these Colonies
For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
He is at this time
transporting large Armies of foreign Mercenaries to compleat the works
of death, desolation, and tyranny, already begun with circumstances of
Cruelty & Perfidy scarcely paralleled in the most barbarous ages,
and totally unworthy the Head of a civilized nation.
He has constrained
our fellow Citizens taken Captive on the high Seas to bear Arms against
their Country, to become the executioners of their friends and Brethren,
or to fall themselves by their Hands.
He has excited
domestic insurrections amongst us, and has endeavoured to bring on the
inhabitants of our frontiers, the merciless Indian Savages whose known
rule of warfare, is an undistinguished destruction of all ages, sexes
and conditions.
In every stage of
these Oppressions We have Petitioned for Redress in the most humble
terms: Our repeated Petitions have been answered only by repeated
injury. A Prince, whose character is thus marked by every act which may
define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been
wanting in attentions to our British brethren. We have warned them from
time to time of attempts by their legislature to extend an unwarrantable
jurisdiction over us. We have reminded them of the circumstances of our
emigration and settlement here. We have appealed to their native
justice and magnanimity, and we have conjured them by the ties of our
common kindred to disavow these usurpations, which would inevitably
interrupt our connections and correspondence. They too have been deaf to
the voice of justice and of consanguinity. We must, therefore,
acquiesce in the necessity, which denounces our Separation, and hold
them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the
Representatives of the united States of America, in General Congress,
Assembled, appealing to the Supreme Judge of the world for the rectitude
of our intentions, do, in the Name, and by Authority of the good People
of these Colonies, solemnly publish and declare, That these united
Colonies are, and of Right ought to be Free and Independent States, that
they are Absolved from all Allegiance to the British Crown, and that
all political connection between them and the State of Great Britain, is
and ought to be totally dissolved; and that as Free and Independent
States, they have full Power to levy War, conclude Peace, contract
Alliances, establish Commerce, and to do all other Acts and Things which
Independent States may of right do. — And for the support of this
Declaration, with a firm reliance on the protection of Divine
Providence, we mutually pledge to each other our Lives, our Fortunes,
and our sacred Honor.
Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross
Virginia:
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton
The Supreme Court on the Affordable Care Act - Implications for 2012 Senate Races
Eight of the nine Justices on the Supreme Court, in voting on the constitutionality of the Affordable Care Act, behaved as one would expect their political inclinations to direct them to vote. Justices Ginsberg, Breyer, Sotomayor and Kagan said the law was constitutional and Justices Scalia, Alito, Thomas and Kennedy said it was not. While it is not wrong for a Justice's beliefs to enter into their thinking to some extent, determining if something is or is not permitted by the Constitution goes beyond this level of personal belief.
Chief Justice John Roberts
The deciding vote, that of Chief Justice Roberts, was not based on what he personally believed about the Act. Pushing his own opinion completely aside, he recognized that since the Act was passed by both Houses of Congress and signed by the President, all the Court was to decide was whether or not it was constitutional or unconstitutional and not dwell upon whether it was a good law or a bad law.
Chief Justice John Roberts
The deciding vote, that of Chief Justice Roberts, was not based on what he personally believed about the Act. Pushing his own opinion completely aside, he recognized that since the Act was passed by both Houses of Congress and signed by the President, all the Court was to decide was whether or not it was constitutional or unconstitutional and not dwell upon whether it was a good law or a bad law.
The crux of the law was the penalty to be charged those people who choose not to purchase health insurance. Roberts felt that justifying such a mandate and the penalty for defying it by virtue of the Commerce Clause of the Constitution was too great a stretch to be constitutional, but since the penalty was to be administered by the IRS, it was actually a tax, and therefore, it was indeed constitutional ... and hence, the ACA was upheld.
Nevertheless, opponents of the Affordable Care Act will soon attempt to repeal it in the House of Representatives but such efforts will fail in the Senate. Changes in the make-up of the House and the Senate in the November election may, however, change the likelihood of repeal. Because the law now involves taxation, a simple majority in the Senate is all that is needed to repeal it. Hence, the Democratic Party should recognize that maintaining and increasing their majority in the Senate is vitally important, possibly even more important than re-electing the President.
While I personally feel that the President will carry enough "key" states to be re-elected, whether there will be a Democratic majority in the Senate to support him is another question entirely.
Right now, the Senate is divided between 53 Democrats (including two Independents who usually vote Democratic) and 47 Republicans. There are 33 Senatorial races scheduled for November and of them, 23 are
for seats presently held by Democrats or Independents who usually vote Democratic
and only 10 are Republican-held. It is likely (according to www.realclearpolitics.com) that including those Senators whose terms are not expiring this year and those seats which can be considered to be "safe" seats or at least seats presemtly leaning in their direction, the Democrats will end up with 47 Senators and the Republicans with 45. The other eight Senatorial races are considered "toss-ups" at this point and their outcome will determine the make-up on the next Senate, and with it, the fate of the Affordable Care Act.
Senators at Work
Jack Lippman
Latest News from the Butterfly Garden
Here is a Broadwing Zebra butterfly seen behind my home. It is feeding on nectar from a white penta, which reportedly results in a toxin getting into its system which repels predators. This is a property found in male Zebras, enabling them to survive to mate with the females.
In addition to Broadwing Zebras, I have been seeing occasional Gulf Frittillaries, a few White Peacocks and some Gold Rim Swallowtails around the yard.
This spring, I planted several Dutchman's Pipe vines which immediately became hosts to the Swallowtail larvae. Females came and laid their eggs on these plants. Those that made it from the caterpillar stage on to the chrysalis stage, and hatched, do come back to their birthplace. Attractive to all of these varieties are other butterfly nectar plants in the yard, particularly a gorgeous Passiflora Jeanette I recently put into the ground.
There haven't been too many Monarchs around lately because the caterpillar offspring of those that have visited and laid eggs have devoured the leaves on the Milkweed plants. New Milkweed plants are now in the ground to correct this, supplementing the leaves already starting to come back on the older ones.
The easiest way for you to get involved in "butterfly" farming is to start by planting a few milkweed plants (Asclepias). The beautiful Monarchs will soon show up.
JL
In addition to Broadwing Zebras, I have been seeing occasional Gulf Frittillaries, a few White Peacocks and some Gold Rim Swallowtails around the yard.
This spring, I planted several Dutchman's Pipe vines which immediately became hosts to the Swallowtail larvae. Females came and laid their eggs on these plants. Those that made it from the caterpillar stage on to the chrysalis stage, and hatched, do come back to their birthplace. Attractive to all of these varieties are other butterfly nectar plants in the yard, particularly a gorgeous Passiflora Jeanette I recently put into the ground.
There haven't been too many Monarchs around lately because the caterpillar offspring of those that have visited and laid eggs have devoured the leaves on the Milkweed plants. New Milkweed plants are now in the ground to correct this, supplementing the leaves already starting to come back on the older ones.
The easiest way for you to get involved in "butterfly" farming is to start by planting a few milkweed plants (Asclepias). The beautiful Monarchs will soon show up.
JL
The First Time I Heard That Sound
Sid Bolotin
Sid Bolotin
The first time I heard that sound I was 16-years old
standing in my grandfather’s hospital room. He was in his ninety’s, and the
family had gathered for a deathwatch. He was expected to die momentarily.
I stood
transfixed as I watched him struggle for breath and heard the gasping rattle as
his chest heaved, and his mouth gaped to suck in each successive breath. Each
exhalation ended in an eerie sound of silence that seemed to grow longer than
the previous one. I thought each one to be his last. But no, the tenaciousness
of life repeated this cycle of clinging for hours, and long after I had left
the hospital the old man finally gulped his last breath.
The second
time I heard this macabre dance of sound and silence I was in my early thirties
at a similar gathering in my aunt’s room at the nursing home. Same sound of
gasping inhalation, same deafening silence at the end of every exhalation; the
same marvel within me at the tenacity of the Life Force to remain vital even
when the body is obviously at the end of its functioning. My aunt also spent
hours in this condition before finally passing…long after I had gone home.
My third exposure
to these sounds occurred 29-years ago. I was 50 and observing the same waltz as
my mother came to the final moments of her life. Once again I stood in awe of
the unseen, but obviously powerful Life Force that was pumping my mother’s
frail, fluid-filled lungs without regard for her body’s quality of life. As in the
previous instances the gasp of in-breath, the hiss of out-breath, and the
silence in between continued for hours and ended long after I left her room in
the nursing home.
Then a few
years ago I witnessed these sounds and no-sounds of passing when I was
volunteering at a Wild
Animal Rehab
Center to help the
rehabilitation of injured or sick wildlife. In addition to my general duties of
cleaning cages and preparing food I had to hold animals while they receive
medical attention…injections, tube-feeding, wound dressing, and the like.
Injured Herring Gull
Injured Herring Gull
As I held a
Herring Gull within the towel wrapped around her, I cooed to her to help calm
her distress. Pam, the hospital’s Director was not sure of the gull’s problem;
but the bird’s open-mouth breathing was a sure sign of serious difficulties. As
I held the gull prone on padding on the examination table, I watched the dance
of life play out again as the bird struggled for air. Flashbacks of my previous
encounters with this precise minuet of breath burst onto the movie screen of my
mind. It was as if I was watching the gull on the main screen, and my
grandfather, aunt, and mother on an inset like the picture-in-picture feature
on late-model TV's.
Pam left the
room to get a vial of medicine, and I was alone with the failing creature.
Suddenly, without a struggle, without a disruption of the sequence of ins…outs…pauses,
the gull simply stopped breathing in mid-breath, during a whisper of
exhalation. The ensuing silence was eternal.
After the
animal rehab center closed, and I began to volunteer at a hospice care center,
I often encountered similar scenes. And most recently, with my heart breaking,
I bore witness to the same scenario as my dear friend went through her final
moments.
Where resides
the Life Force? Where does it go? Where did the gull go? My grandfather? My
aunt? My mother? My friend?
When the
sounds of: in…out…pause…finally cease, where do we go?
I Got Algorithms, Who Can Ask for Anything More
Just
as the Gershwins wrote, “I got rhythm,” so a similar word, “algorithm” relates
to computer operations. “We got
algorithms, who can ask for anything more?”
George and Ira Gershwin in 1936
George and Ira Gershwin in 1936
Oversimplifying
greatly, an algorithm is what a computer does to accomplish a particular task. It is achieved through programming and coding
which tells the computer how to proceed in particular situations, the situation
in this instance being one of getting likely customers to look at an advertiser’s
ad. The ads on this blog are provided by
Google Adsense, which is chock full of algorithms.
The
advertisements on this blog, for example, seem to be based on several algorithms. (1) People who access this blog see ads based on
the kind of searches they have been running.
If you are constantly looking for political sites, the ads will probably
reflect that and feature ads urging you to vote for one candidate or another or
attacking one of them. (2) Also, if an
article on the blog dealt with the mortgage crisis, as the prior posting did,
mortgage-related ads might appear. The premise behind such an algorithm is that
some folks interested in mortgages ended up accessing the blog after a search
engine led them to it, and might respond to the ad.
Whenever
the blog features material dealing with painters, as it recently did, ads for
house paint mysteriously appear, the algorithm obviously not being sophisticated
enough to distinguish between Benjamin Moore and Claude Monet. In any event, if the ads on this blog
interest you, click on them and see what they’re all about. You might even end up a customer. The blog makes a little money (very little)
from such clicks, all of which will go
to charity.
JL
Most readers of this blog are alerted by Email every time a new
posting appears. If you wish to be added to that Email list, just let me
know by contacting me at Riart1@aol.com.
Also, be aware that www.Jackspotpourri.com
is now available on your mobile devices in a modified, easy-to-read, format.
Our family of web sites includes: www.computerdrek.com - www.politicaldrek.com - www.sportsdrek.com - www.healthdrek.com.
Check all of
them out, find out what “drek” really means and feel free to submit your
thoughts and articles for publication on these sites, which, while still “under
construction,” already contain some interesting content.
Additional
new material will continue to be posted on www.politicaldrek.com until the
Presidential election. New material will
resume being added to the other three “drek” sites after November of 2012.
Jack
Lippman
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