March 11, 2014
Should we care about the fate of prisoners?
A number of listeners have been raising that question in the wake of WAMC reports of lack of medical care in prisons, and my support for Cuomo’s position about educating prisoners.
Let’s assume that we don’t care about them at all. But we care about us. So what is the effect on us of what we do to them?
Actually the implications are huge. Read the rest of this entry »
February 18, 2014
I don’t think of myself as a motivational speaker. I try to explain, and hope my commentaries provide helpful explanations. But this time, I want to challenge and motivate everyone to take strong action on the environmental catastrophe facing us.
We know burning gas, oil, coal and wood release carbon and help produce global warming. Some of that carbon acidifies the oceans when it’s absorbed. Air and water contamination destroy our food supplies, by destroying habitat and causing draught, among other ways. That destroys us. Global warming and ocean acidification threaten the oxygen we breathe. They threaten to sicken us with new diseases. The science is now well known.
Law generally defines murder as an intentional killing. And we infer that people intend the natural and probable consequences of their actions. And we know. Aren’t those of us who stand by guilty of mass murder-suicide, intending the natural and probable consequence of our use of carbon fuels, the death of many, perhaps billions, of human beings. Isn’t it reckless indifference to human life to fire global warming into this crowded planet. Read the rest of this entry »
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 »
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 »
November 16, 2013
A week ago my students and I went to the U.S. Supreme Court and saw the argument in Bond v. United States.
Carol Bond tried to poison Myrlinda Haynes because of an affair with Bond’s husband. Local authorities wouldn’t bother helping Haynes but sent her to the Postal Service, because poison was found in her mail and the Postal Service has the power to prosecute crimes involving the mail. The Postal Service set up a camera and caught Bond in the act. Postal inspectors arrested Bond and a federal grand jury indicted her for violating the Chemical Weapons Implementation Act.
The United States is a party to the international Chemical Weapons Convention. Congress passed a statute to implement the Convention which prohibited “knowing possession or use, for nonpeaceful purposes, of a chemical that can cause death” or other harms. Treaties and state failure to execute them were a major reason for the Constitution, which gives Congress power to pass laws that are necessary and proper for carrying them out.
But attorneys for Bond smelled an opportunity to narrow national power, arguing such crimes were local and reserved to the states. Read the rest of this entry »
August 29, 2013
The Detroit bankruptcy is likely to mean a big hit for people’s pensions. Think about that: people have worked all their lives and now you tell them the terms just changed, and at precisely the part of their lives when they will find it hard to replace the lost income.
There are two issues involved in the bankruptcy. One is the outrageous fact that wages and pensions are not treated as secured so they take second place to banks and others whose only skin in the game is money, not the sweat of their brows over lifetimes of work. That’s the legal rule but I’ve never liked it. It creates maximum hardship. Cities and companies go bankrupt for the very reason that they can dishonor their pension obligations. Federal laws require companies to do some things to protect us. But if they don’t do well enough, well, there’s always bankruptcy. That, in my view, is a travesty. Read the rest of this entry »
July 16, 2013
While coming to record last week’s commentary, I was listening to Michelle Alexander on Alternative Radio. If you haven’t heard her or read her book, The New Jim Crow, I strongly recommend it. Some of us knew the basic facts but she fills in the details and makes the argument brilliantly.
I want to elaborate something implicit in her talk but not fully expressed – what she described is why civil liberties matter, one of the major reasons the ACLU was formed, and why Alexander was an attorney for the ACLU of Northern California. Read the rest of this entry »
July 9, 2013
Obviously I’ve been following the news from Egypt like everyone else. You don’t need commentators to tell you that ousting a democratically elected government is undemocratic and unacceptable. But I want to talk about Morsi’s mistakes because they illustrate a major misunderstanding of democracy. Read the rest of this entry »