Environmental Degradation as Murder

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 »


Carbon Certificates and Global warming

February 11, 2014

I was proud and delighted during the fund drive to find Joe Donahue and this station helping to prevent 600 tons of carbon emissions by offering carbon certificates so that the big power companies could not get the permissions those certificates represented to pollute our atmosphere.

The carbon certificates we all pledged for, or the solar panels we installed or the Prius we drive will not save the atmosphere by themselves. But they matter.

They matter because we are doing our part. But more than that, they matter because industries will not save our planet out of the goodness of their hearts. If they make environmentally sound products that we don’t buy, or sell them at prices we won’t pay, they will either have to make the same things and make them the same cheap but destructive ways that their competitors do, or they will go bankrupt and leave the field to others less honorable. Business is the crucial link. But they can’t do their part unless we do ours.

There are three ways. We can show by our buying habits that we have built a market and they must change or we’ll all switch to the first businesses that give us the chance to be environmentally conscious with our dollars. That takes time to build but it ultimately makes a difference. So keep up the pressure, retiring carbon certificates through WAMC, buying wind and solar power wherever we can and other environmentally sound products and practices. Keep up the pressure.

Another way is regulatory. We can get our elected representatives to “Just say no.” Of course we all know who’s on the other side and how much money they give to the politicians and how many lobbyists they throw at the legislators. But then some of us enjoy the battle.

And the third way is a carbon tax, or a BTU tax which is more comprehensive. Sure that’s a tax. It will make some things more expensive. But John F. Kennedy is still right when he told us not to ask what our country can do for us but what we can do for our country. This is about what we can do for our own future, our children’s and grandchildren’s future, and our country’s future. The consequences of global warming are enormous but we can and must deal with it. Our job as citizens is to support the steps that need to happen to curb the use of carbon based fuel. We need not to allow ourselves to be bamboozled by empty and ignorant shouts about government and regulation. This is a task that we can accomplish only with the help of government. It is the kind of thing that government is for – to organize our energies to protect our country, our future, our children and grandchildren. And answering President Kennedy’s call, supporting that effort is something we can do for our country.

We will want to use the tariff system to impose the equivalent of a BTU tax on imports from countries that don’t have one. This is a big international problem. The solution is one that only America can lead. Let’s get going.

— This commentary was broadcast on WAMC Northeast Report, Feb. 11, 2014.

 


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 »


Worst Supreme Court decisions in Two Decades

December 31, 2013

What’s the worst thing the U.S. Supreme Court has done in two decades?

Bush v. Gore? The very name evokes tragedy.  Thousands dead in Iraq for a war we shouldn’t have fought. Thousands more dead in Afghanistan because the Supreme Court’s choice for president sent military support to Iraq instead. The Court’s presidential choice also encouraged savage, predatory business behavior that we’re still paying for. It put off any reckoning with the environment for a decade, more if you include the House of Representatives’ current intransigence.

That’s quite a record for a single U.S. Supreme Court decision. You might have to go back to Dred Scott v. Sanford which helped bring on the Civil War to match the impact of Bush v. Gore, although if we go back that far, disasters you’ve probably never heard of, like U.S. v. Cruikshank and the ironically named Civil Rights Cases, were responsible for a century of murder and mayhem with impunity in the segregated south. But Bush v. Gore certainly ranks with the biggest – and worst. Read the rest of this entry »


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