Author: Matthew G. Saroff

More on the 2nd Amendment and Its Relationship to Slavery

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I will direct you to The Hidden History of the Second Amendment, a 102 page article published in the U.C. Davis Law Review in 1998.  (Link is to the abstract, you can download the PDF from there)

This is a (obviously) a much longer, and much more extensively annotated, piece than either Thom Hartmann’s pro 2nd amendment/slavery patrol link article or Paul Finkleman’s argument against this.

I’ve read the full article, though it was a quick read, and while it clearly does not go as far as Hartmann, author Carl T. Bogus merely addresses the adoption of the 2nd amendment, rather than the whole Constitution as Hartmann does, but he does make a compelling case that the 2nd amendment was specifically a collective right granted to the states, and that the support for this amendment was driven by the fears of slave owners about an uprising, particularly in Virginia.

Bogus (I love that name) does admit that he no evidence that Madison, who wrote the Bill of Rights to preserve slavery, he does show that Madison’s compatriots and constituents in Virginia found the possibility that Congress would disarm the state slave patrols to be a concern of paramount importance.

In either case, it does make a slam dunk case for the 2nd amendment as a collective right assigned to the states, and not a personal right, which makes the so-called “strict constructionists” who voted for a personal right to firearms in District of Columbia v. Heller to be hypocrites and hacks.

He Didn’t Tweet a Picture of His Penis to a Football Player’s Imaginary Penis, So it Does Not Matter………*

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This explains why the media has largely ignored the revelation in the latest release of the Federal Reserve’s meeting minutes from 2007, which is that Timothy Geithner was leaking changes to the discount window to the big banks ahead of their official release:

In the summer of 2007, as storm clouds gathered over the world’s financial system, then-New York Federal Reserve President Timothy Geithner allegedly informed the Bank of America and other banks about the possibility the U.S. central bank would lower one of its critical interest rates, according to a senior Fed official.

 Jeffrey Lacker, the head of the Richmond Fed, originally raised the allegation during a Fed conference call in August 2007, and he stuck to his 5-year-old claim against the current U.S. treasury secretary in a statement provided to Reuters on Friday.

 “From conversations I had prior to the video conference call on August 16, 2007, I was aware of discussions among a few large banks about borrowing from their discount windows to support the asset backed commercial paper market,” Lacker said in the statement. “My understanding was that (New York Fed) President Geithner had discussed a reduction in the discount rate with these banks in connection with these initiatives.”

The folks at Zero Hedge were the first ones to notice this, and they nail it when they say, “[J]ust when we thought our opinion of the outgoing Treasury Secretary and former NY Fed head Tim Geithner, whose TurboTax incompetence is now legendary, couldn’t get lower, it got lower. Much lower.“

Here is the pertinent section from the transcript of the August 16, 2007 conference call:

MR. LACKER. If I could just follow up on that, Mr. Chairman.

 CHAIRMAN BERNANKE. Yes, go ahead.

 MR. LACKER. Vice Chairman Geithner, did you say that [the banks] are unaware of what we’re considering or what we might be doing with the discount rate?

 VICE CHAIRMAN GEITHNER. Yes.

 MR. LACKER. Vice Chairman Geithner, I spoke with Ken Lewis, President and CEO of Bank of America, this afternoon, and he said that he appreciated what Tim Geithner was arranging by way of changes in the discount facility. So my information is different from that.

 CHAIRMAN BERNANKE. Okay. Thank you. Go ahead, Vice Chairman Geithner.

 VICE CHAIRMAN GEITHNER. Well, I cannot speak for Ken Lewis, but I think they have sought to see whether they could understand a little more clearly the scope of their rights and our current policy with respect to the window. The only thing I’ve done is to try to help them understand—and I’m sure that’s been true across the System—what the scope of that is because these people generally don’t use the window and they don’t really understand in some sense what it’s about.

They also note that there was a sudden and unexplained jump of 50 points (4%) in the S&P 500 in just 1 hour.  (Note that they also make a compelling circumstantial case that Geithner’s schedule indicates that he leaked this information)

BTW, as ZH also notes, the Fed’s 5 year delay in the release of records means that Geithner has outlasted the statute of limitations.

Awfully convenient, nu?

We won’t have a fix to our financial system until Geithner, and his mentor Robert Rubin are under criminal investigation for what they dud.

*Not my words, but a slight reworking of sentiments expressed by JR at the Stellar Parthenon BBS.

This is Why You Cannot Trust Republicans

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The Virginia state senate is evenly divided by party, but yesterday, when a Democratic member of the institution was at the inauguration, they passed a Gerrymandered redistricting of the senate:

An ambush reapportionment effort by Virginia Senate Republicans spilled into partisan conflict tinged with racial resentment Tuesday, raising fears of a legislative train wreck that would derail the Republican governor’s final bid for a legacy.

 Black Senate Democrats referred to the GOP’s party-line power play Monday as “plantation politics,” reprising the specter of the same spiteful partisan gridlock that paralyzed the Senate last year.

 A scowling Gov. Bob McDonnell delivered a clear rebuke while most Republicans in the House maintained a cold, dismayed silence over the Senate move that caught them off guard.

 “Obviously the tactics used yesterday were a surprise and don’t think that’s the way business should be done,” McDonnell said. “I’m not happy about the things that have happened.”

 “What I’ve said is that this session should be about education and transportation, not redistricting and other things,” he said.

 Despair over the partisan rift was so deep that many lawmakers of both parties compared the damage to the 2001 session, the only one in modern Virginia history to adjourn without finishing work on the state budget.

 Ignoring ancient legislative traditions and even a just 2004 amendment to the Virginia Constitution that limits redistricting to once a decade, the Senate’s 20 Republicans shocked Capitol Square by their actions Monday. They abruptly amended a House bill that previously made minor technical boundary adjustments into a total revision of all 40 Senate districts passed in 2011.

 With Democratic Sen. Henry Marsh away at President Barack Obama’s inaugural Monday, Senate Republicans caught the 20 Senate Democrats one vote short and muscled Sen. John Watkins’ surreptitious floor amendment to passage on a 20-19 vote with little debate in just 30 minutes.

(emphasis mine)

As to “Governor Ultrasound’s” disapproval, I would not expect a veto.

After all, he disapproved of the transvaginal ultrasound bill, and signed that into law.

Even if he were inclined to veto the bill, McDonnell wants to be the Republican Presidential or Vice-Presidential pick in 2016, and dirty tricks and voter suppression has become a core value of today’s Republican Party.

Now Roll Up the Co-Conspirators

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Nechemya Weberman has been convicted of child sexual abuse and sentenced to 103 years:

An unlicensed therapist and respected member of an ultra-Orthodox Jewish community in Brooklyn was sentenced on Tuesday to 103 years in prison for repeatedly sexually abusing a young woman, beginning the attacks when she was 12.

The therapist, Nechemya Weberman, 54, a member of the Satmar Hasidic community of Williamsburg, did not react as the judge sentenced him. The victim, now 18, who delivered an impassioned statement asking for the maximum sentence to be imposed, dabbed away tears.

“The message should go out to all victims of sexual abuse that your cries will be heard and justice will be done,” Justice John G. Ingram of State Supreme Court said before imposing the sentence, which was close to the longest the law allows. Justice Ingram praised the young victim’s “courage and bravery in coming forward.”

The proceedings were closely watched, as this was the first high-profile case against child sexual abuse that the Brooklyn district attorney, Charles J. Hynes, had brought against a member of the politically powerful Satmar ultra-Orthodox community during his more than two decades in office. This sentence is the longest a Brooklyn court has imposed on a member of the ultra-Orthodox community for sexual abuse of a child.

More significant, they managed to get some of the Satmar Jewish community who attempted to intimidate witnesses:

Critics have charged Mr. Hynes with not being aggressive enough in going after molesters in the politically well-connected community. But Mr. Hynes has attributed the lack of prosecutions on the intimidation to stay silent that ultra-Orthodox sexual-abuse victims and their families often face from their own community leaders.

Support for Mr. Weberman was strong in powerful circles of the Satmar community after his arrest in 2011, with hundreds turning out for a fund-raiser for his defense. But the courtroom on Tuesday was about equally divided between supporters for him and for his victim.

Mr. Hynes has said he believes the case may be a turning point for ultra-Orthodox victims of sexual abuse. In addition to convicting Mr. Weberman, his office also charged seven Hasidic men with bribery and intimidation of Mr. Weberman’s victim, who testified over four days. Prosecutors say they know of more victims who were too afraid to testify.

Hopefully, this won’t stop here.

The harassment and coverups within the ultra-Orthodox community on this matter is endemic, and it will not stop until prosecutors go after people who do this.

Ralph Nader Has Become a Repulsive Figure in American Public Live

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In his latest bon mot, he comes out against gun control and suggests that government abrogate the 1st amendment to ban video games:

Not one to keep his opinion to himself, former presidential candidate Ralph Nader has come down hard on video games. In fact, he has gone as far as to call the companies that make them “electronic child molesters.”

 In an interview with Politico yesterday, Nader blasted President Obama’s gun control package that was unveiled last week. The two-time Green Party presidential candidate said that the president’s plan needs to go further in regulating video game creators that add violence to their games.

 ………

 “All this is fine with the companies — these boys and girls spent more than $25 billion last year, and what they got in return is violent, addictive, and tawdry sensuality,” Nader wrote in his blog at the time. “These electronic child molesters have little sense of restraint or boundaries. Their odious fare is becoming more coarse, more violent, and more interactive to seduce these youngsters into an addiction of direct video game involvement in the mayhem.”

(emphasis mine)

Tawdry sensuality?

Just how f%$#ed up is this man?

Nader made contributions to the public space on consumer safety and the environment in the 1960s and 1970s, but then in the 1960s and 1970s, Fred Phelps was a fierce fighter for civil rights in Kansas.

Neither of their actions in the past reflect who they are today.

The Best Reason for Scottish Independence

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This:

Earlier this month, the UK Treasury declared that, following a period of intense and prolonged analysis of the economic numbers, each of us would be £1 a year worse off in an independent Scotland. Put another way, for £1 a year you will never have to endure the economic privations of a Conservative government ever again. You will not be penalised for being poor or old and nor will you suffer the pain of watching your young boys being killed in illegal wars or occupations.

And Snatching Defeat from the Jaws of Victory………

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Harry Reid on the filibuster.

Yes, he’s trying to preserve the silent filibuster:

Senate Majority Leader Harry Reid (D-Nev.) doesn’t plan to advance a “talking filibuster” proposal envisioned by liberals who want sweeping changes to the stodgy Senate.

 But he still may invoke what critics call the “nuclear option” to change Senate rules that would limit the use of the filibuster, force senators to hold the floor in certain situations and require those stalling legislation to deliver 41 votes, several people familiar with the matter said Thursday.

Un-Dirtyword-Believable.

He is concerned that the Republicans will be even more obstructionist if he requires a talking filibuster.

Hello? Mitch McConnell, the Minority Leader, filibustered his own bill, and have you seen the graph?  (Note that the 2012 numbers are incomplete)

Seriously.  They cannot get any more obstructionist.

What the f%$# is he thinking?

H/t AMERICAblog

Another Position on the 2nd Amendment

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Paul Finkleman makes the obvious point that the 2nd amendment was passed after the Constitution was approved, as evidenced by the fact that it’s an amendment, making Thom Hartmann’s argument that the it was about slave patrols moot.

The Bill of Rights was passed about two years after the Constitution was ratified, though some states had not ratified the Constitution, by the time that the Bill of Rights was proposed.

The actual line may be somewhere in the middle. You see, one of the factors in the ratification of the Constitution, was the Massachusetts Compromise, which involved a commitment to amending the Constitution, including the Virginia Declaration of Rights, which includes militia rights.

Considering that it was Mason and Madison, both of whom were slave holders, who were instrumental in the development and ratification of the Bill of Rights, it’s still a matter of some dispute.

My inclination is to lean a little bit on the side of Thom Hartmann, particularly given the history, which clearly shows that slavery was arguably the most contentious issue at the constitutional amendment.

In any case, it is more ambiguous than I originally suggested.

H/t DC at the Stellar Parthenon BBS.

I Saw This on Key and Peele

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Seriously, just watch!

Seriously, the Republicans are now arguing that they are intransigent assholes because Obama made them do it:

The first day of the House Republicans’ retreat was devoted, in large part, to persuading House Republicans to stop saying offensive things about rape and to stop thinking they can use the debt ceiling to hold the economy hostage after losing the 2012 election.

To state the obvious, these are not topics that should actually need to be covered at a retreat of House Republicans. We should be able to take it for granted that our legislators won’t petulantly crash the economy or offend rape survivors. That the House GOP leadership had to mount an organized campaign to convince GOP members of those things is evidence that something has gone wrong in the Republican Party.

No one knows that better than Republicans themselves. But it’s very difficult to be a Republican in a time of GOP dissolution. And so recent weeks have birthed the strangest strain of commentary I can remember: The Republican Party’s crazy opinions are President Obama’s fault.

The logic here is weirdly impeccable. The Republican Party’s dilemma is that House Republicans keeps taking all kinds of unreasonable and unpopular positions. If Obama weren’t president, the House Republicans wouldn’t be taking so many unreasonable and unpopular positions. But since Obama is president, and since he does need to work with House Republicans, he is highlighting their unreasonable and unpopular opinions in a bid to make them change their minds, which is making House Republicans look even worse. And so it’s ultimately Obama’s fault that House Republicans are, say, threatening to breach the debt ceiling if they don’t get their way on spending cuts. After all, if Mitt Romney had won the election, the debt ceiling wouldn’t even be a question!

If you are wondering why this sounds like a sketch from show on Comedy Central, it’s because it is a sketch from a show on Comedy Central. (See vid)

Of all the lame excuses that I’ve ever heard from anyone, “It’s not our fault, Barack Hussein Obama makes us batsh%$ insane!” is the lamest.

You guys might want to consider some very powerful anti-psychotic drugs.

Hopefully, This Will Amount to Something

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The IRS is investigating the political Karl Rove’s Crossroads GPS to see if they violated tax code:

Big dark-money groups like the Karl Rove-advised Crossroads GPS promised the IRS they would have “limited” involvement in politics—in order to protect their nonprofit tax-exempt status—yet went on to spend hundreds of millions of dollars to influence the 2010 and 2012 federal elections. Now several tax policy experts, including a former high-ranking IRS official who ran the division overseeing nonprofits, say the IRS must bring the hammer down on these shadowy nonprofits or risk looking weak and useless.

“The government’s going to have to investigate them and prosecute them,” says Marcus Owens, who ran the IRS’s tax-exempt division for a decade and is now a lawyer in private practice. “In order to maintain the integrity of the process, they’re going to be forced to take action.”

………

The most high-profile nonprofit to tell the IRS one thing and seemingly do another is Crossroads GPS, the powerful group cofounded by Karl Rove. In a 41-page application, dated September 3, 2010, Crossroads told the IRS it would spend only a “limited” amount of money on influencing elections. Crossroads is different from the two groups mentioned above in a crucial way: The IRS has yet to approve its tax-exempt application, which means its 2010 application is confidential. Yet ProPublica obtained it and exposed the gap between what Crossroads said in September 2010 and what it went on to do.

Despite telling the IRS it would spend a “limited” amount of money on politics, Crossroads unloaded nearly $16 million in dark money on political advertising during the 2010 campaign and more than $70 million to influence the presidential and congressional contests in 2012.

………

Hill says she doubts whether the IRS has the “political will” to go after political nonprofit groups, which spent well over $400 million on the 2012 elections and often have direct ties to top Democratic and Republican lawmakers. Yet what’s at stake, Hill adds, is nothing less than the very integrity of the tax law. “We have tax laws on the books—the question now is, does the IRS intend to enforce the law?” she asks. “Or are we all just going to pretend that the laws are going to be enforced?”

I’m inclined to believe Frances Hill when she doubts that the IRS has the political will to enforce the law. 

The IRS cannot do this without support from the Department of Justice and from the White House, because there will be a storm of coordinated faux-outrage from the right wing punditry.

Based on prior history, it is highly unlikely that the White House will have the IRS’s back when this happens.

Whiskey Tango Foxtrot?

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The DC Court of Appeals has just ruled that almost all recess appointments are unconstitutional:

Strictly curbing the President’s power to temporarily fill government posts to keep an agency in operation, the D.C. Circuit Court ruled Friday that the constitutional authority to fill a vacancy can only be used when one Congress has ended and before a new Congress comes to town, or when there is a formal break at the end of one session, but not during any other mid-session break. That part of the ruling by the three-judge panel was unanimous. On a second part, a two-judge majority ruled that the vacancy-filling power only applies to vacancies that actually open up during a formal recess, between sessions or between Congresses. Because lower courts are split on both issues, this historic controversy over the constitutional separation of powers is likely to go on to the Supreme Court.

 In the current atmosphere of partisan gridlock, which often involves thwarting of presidential nominations, the ruling provides a major new opportunity for a minority in the Senate to deny the President the authority even temporarily to put a new government officer to work in a vacant spot. When a vacancy arises while Congress is in session, and the Senate does not act on it, the President will not be able to fill it during the next time the Senate takes a break. The ruling came one day after the Senate chose not to make a major change in its filibuster rule, which is the main weapon of a Senate minority seeking to challenge presidential action.

I expect an appeal to the Supreme Court, though they may ask for an en banc hearing by the whole court of appeals first.

Unsurprisingly, David Sentelle, the right winger who gave us Ken Starr, is a part of this.

The 2nd part of the ruling ruling, where they say that the only recess that counts is the few days every two years when the old Congress has ended, and the new Congress is sworn in, flies in the face of over 150 years of precedent.

As to the pro-forma sessions, Obama needs to go Article 2 Section 3 of the Constitution on Congress:

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of
Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

(emphasis mine)

So, with the House refuses to adjourn, which is what led to the pro-forma sessions, Obama can adjourn them.

As to the claim that recess appointments can only be made during intercongress recesses, and not intracongress recesses, I cannot believe that the Supreme Court could support that, but since Bush v. Gore, I’ve made it a point of never underestimating the politicization of the right wing of that body.

Your Military Video Pr0n

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Here is a video from Saab for the Gripen.

It’s a little bit fantastical, but at least it has a narrative, as opposed a to pr0n movie metal soundtrack.

I think that the Gripen really has the possibility to be this generation’s F-5, small, cheap, and ubiquitous, though it is operating at a political handicap, because it is not made by, or going to be fielded by, the nations that are the biggest players diplomatically or militarily.

H/tThe DEW Line

When You Don’t Meet Performance Targets………

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The Department of Defense lowers the target:

The US Department of Defense is lowering the performance bar for the Lockheed Martin F-35 Joint Strike Fighter according to a new report by the Pentagon’s director of operational test and evaluation (DOT&E).

The specifications for all three variants pertaining to transonic acceleration and sustained turn rates have been reduced. Worst hit in terms of acceleration is the US Navy’s F-35C carrier-based model.

“The program announced an intention to change performance specifications for the F-35C, reducing turn performance from 5.1 to 5.0 sustained g’s and increasing the time for acceleration from 0.8 Mach to 1.2 Mach by at least 43 seconds,” reads the report prepared by J Michael Gilmore, the Pentagon’s DOT&E. “These changes were due to the results of air vehicle performance and flying qualities evaluations.”

The US Air Force F-35A’s time has slipped by eight seconds while the US Marine Corps short take-off vertical landing (STOVL) F-35B’s time has slipped by 16 seconds. However, turn rates for both the A and B models have been impacted more severely than the USN variant. Sustained turning performance for the F-35B is being reduced from 5G to 4.5G while the F-35A sinks from 5.3G to 4.6G according to the report.

They also have issues with the horizontal tails getting too hot and delaminating, buffet/wing drop issues, and the they still do not have the helmet mounted display working properly.

And let’s not get started on the software.

This continues to be a clusterf%$#, but with hundreds of billions already invested already, no one is willing to bite the bullet and walk away.

They will continue to throw good money after bad.