The Chemical Contamination in West Virginia

January 28, 2014

Before moving to Albany thirty-five years ago, we lived in Morgantown, West Virginia – a university town and a mining town. We knew people in both worlds. Our daughter was only seven, but after we moved she got letters from a little friend there who was the son of a miner. Miners lived all around.

Morgantown was very special, but the chemical leak and contamination in Charlestown reveals the naiveté of many in West Virginia and elsewhere in the U.S., who believe that whatever is good for the companies is good for us, that the companies are looking out for our welfare. Read the rest of this entry »


Putting people to work in cities and towns

January 21, 2014

Nationally, Republicans are still fighting unemployment relief and virtually every piece of a public safety net. Their solution to every problem is to blame the victim. Out of work? Must be because people didn’t look, or just like poverty. Never mind people spending their days looking for work. It must be their fault, because the only victims worth caring about, of what we politely call the business cycle, are businessmen. Everything would be fine if people would work for pennies a day like much of the world, so the companies they work for could pocket the difference while workers forego food, clothing, shelter and health.

Republicans just don’t get that people are looking, trying, wanting to hold jobs, their only prospect of living a decent life. Blaming the victims for the misbehavior of many captains of industry makes them feel better and helps fend off regulating or taxing their contributors. Let everyone else suffer. They turn the pain of unemployment into an argument for giving their contributors yet another tax break, claiming this, finally, will result in jobs – though business has the cash if it wants to invest. Republican economic policy, at least as they describe it to you and me, is all about the power of magical thinking.

There’s a better way to provide jobs and use taxpayer money more efficiently – just think about the things we could do that would make our neighborhoods more livable, from safety services to taking care of playgrounds and parks. Read the rest of this entry »


Supreme Court Recess Appointments Case

January 14, 2014

The Supreme Court heard argument yesterday about recess appointments. The Constitution says:

The President shall have the power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.

Presidents have made such appointments since the Washington Administration. In the eighteenth century, adjournments were lengthy because travel to one’s state or district could take months. Now senators and representatives can make the trip quickly. Since at least Ronald Reagan, presidents have made appointments during intra-session adjournments of the Senate.

Democrats under Bush and Republicans under Obama started calling lengthy adjournments “pro forma sessions.” Nothing is supposed to happen; the Senate is vacant except for a couple of senators to gavel in these pro forma sessions. The purpose is straightforward – to prevent the president, initially Bush, now Obama, from making recess appointments so the government could keep functioning. Justices, on both sides of the political aisle, described that as “intransigence” and “irresponsibl[e].” Read the rest of this entry »


Polygamy and American Constitutional Law

January 7, 2014

A conversation on The Roundtable convinced me to address polygamy. A judge in Utah decided that state could ban formal legal polygamy but could not ban people living in comparable arrangements without formal legal sanctions. Some people argue that legalization of polygamy follows from constitutional protection of gay and lesbian relationships. If one consensual relationship is OK, therefore so are all the others. That is a mistake. The law does not work that way.  Read the rest of this entry »


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