legal news, national news, political news

10th vs. 14th amendments in gay marriage hearing

The U.S. Supreme Court is going to decide the fate of same-sex marriage in the United States.

Good luck, justices.

At issue are two questions: Whether states must allow same-sex couples to marry and whether states must recognize same-sex marriages that take place out-of-state. The case will decide the fates of same-sex marriage bans in Tennessee, Michigan, Kentucky and Ohio.

http://www.msn.com/en-us/news/other/supreme-court-to-decide-if-states-can-ban-gay-marriage/ar-AA8gjVE

Here is where I believe the case should turn: Which amendment to the U.S. Constitution has more sway in deciding this matter, the 10th or the 14th?

The 10th is the final amendment outlining the Bill of Rights. It says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserves to the states respectively, or to the people.”

That’s pretty clear, yes? It means the states have power not reserved by the Constitution for the federal government.

OK, then came the 14th Amendment, ratified not long after the Civil War. It’s much lengthier and covers a lot of issues relating to rights of citizenship. But at the end of Section 1, it states that no state “shall deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Granted, the nine men and women of the nation’s highest court know a lot more about the law and the Constitution than I do, but my reading of the issue at hand is pretty clear. I believe the 14th Amendment trumps the 10th.

The issue as I see it is whether gay couples have the same right to marry as heterosexual couples. The Constitution, as federal judges have been ruling already, says they do. The Constitution lays out clearly that citizens shall not be deprived of “equal protection.” If that language in the 14th Amendment didn’t exist, I suppose you could argue that states — such as Texas — have the legal standing to ban same-sex marriage.

I do believe, though, that the language contained within the 14th Amendment makes it impossible for states to enact laws that override the Constitution.

There well may be some nuance that I’m missing. If it’s buried deep inside the language of the nation’s founding document, I’m sure the justices will find it.

I just don’t see how they can look past the clear and explicit language contained in the equal protection clause.

 

environmental news

Correction noted on climate change blog

This post will be brief. It’s something I don’t normally do, but I thought I’d make an exception.

I’ve made a correction to the previous blog I posted this morning about climate change. I made an error in stating the increase in Earth’s temperature in 2014. I erroneously typed that it increased .7 degrees; the actual temp increase, according to the National Oceanographic and Atmospheric Administration, was .07 degrees. Quite a difference. Earth didn’t heat up quite so dramatically, but it did continue its warming trend.

It was brought to my attention by a former colleague with whom I’ve had disagreements over a number of issues. Climate change happens to one of them, I reckon. He reminded me: “Best to be right when you’re being smug.”

Correction noted.

 

 

environmental news

News flash: Earth sets temp record once again

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This just in: Planet Earth just set yet another record for temperatures around the globe during a calendar year.

2014 was 0.07 degrees hotter than the previous record year, says the National Climatic Data Center.

http://www.cnn.com/2015/01/16/world/earth-hottest-year/index.html?

Will that put the kibosh on the climate-change deniers? Do not even bet on that. Not for a minute.

They’ll suggest that the scientists at the National Oceanographic and Atmospheric Administration are much of politically driven zealots whose aim is to destroy the fossil fuel industry.

They likely might contend that the White House cooked up the numbers just to advance their agenda aimed at developing those nasty clean-energy alternatives. You know, those wind farms and solar panels that are harvesting the wind and the sun and producing actual energy to heat and cool our homes.

Weather forecasters began keeping worldwide temperatures in 1880. The year just past set a record. Who or what is responsible? Scientists say it’s humans. Other scientists it’s all part of Earth’s ecological cycle which repeats itself about, oh, every other millennia.

Let’s be mindful, though, of an important factor.

No matter the cause, billions of human beings are going to be affected by the changes occurring in our climate. Storms are getting more severe. Ice caps are receding. Rainy regions are getting less rain. Sea levels are rising.

And the world’s 7 billion souls — and counting — are standing right in the path of Mother Nature’s infinite power.

I don’t know about you, but I worry for Planet Earth.

 

national news, political news

Run, Mitt, run!

Peggy Noonan is a brilliant writer and solid conservative thinker.

However, she’s misinformed if she can predict that Mitt Romney would repeat the mistakes that doomed his 2012 presidential campaign in the event he chooses to run for president once again in 2016.

http://www.wsj.com/articles/dont-do-it-mr-romney-1421367202

She implores Mitt not to run for the White House next year.

C’mon, Ms. Noonan. Give the guy a shot. Let’s see if he can correct those mistakes.

She writes in the Wall Street Journal: “He is yesterday, we need tomorrow. He is an example of what didn’t work, we have to turn the page. He is and always has been philosophically murky—it’s almost part of his charm—but it’s not what’s needed now. He ran a poor campaign in 2012 and will run a poor one in 2016. He was a gaffe machine — ‘47%’; “I have some great friends that are Nascar team owners” — and those gaffes played into the party’s brand problems.”

I’ve been saying for a few weeks now that Mitt needs to seek to redeem himself. Yes, he ran a shoddy campaign. He could have avoided those missteps and perhaps made a serious horse race of it against President Obama. It was reasonably close in the popular vote, but the president’s Electoral College win was quite decisive.

I’m not planning to vote for Mitt if he chooses to run again.

I’m simply rooting for his redemption. He’s smarter than he demonstrated on the 2012 campaign trail. I mean, he did rescue a floundering Olympic bid in Salt Lake City. And, oh yes, he authored a health care reform bill in Massachusetts that became a model for the federal program pushed through Congress by the man he sought to defeat; it’s just too bad he all but disavowed the Massachusetts plan as he sought to condemn the Affordable Care Act.

I know Mitt will be a long shot, what with the TEA party wing of the GOP grooming candidates to make their pitch.

Go for it, Mitt. Don’t listen to Peggy Noonan.

 

local news, State news

Gov. Perry sounds bipartisan note? Wow!

Why do politicians do this? They campaign for office as tough partisans, govern the same way and then, as they prepare to leave office, sound like the Great Compromiser in Chief.

Texas Gov. Rick Perry took his turn at the farewell podium this week as he said so long to the Texas Legislature. He’s leaving office, having served as governor seemingly since The Flood.

He’ll likely run for president of the United States — again! — in 2016.

http://www.texastribune.org/2015/01/15/farewell-speech-perry-encourage-compromise/

But his Austin swan song, in the minds of some of who heard, sounded like a “campaign speech.”

Perry told legislators: “There is room for different voices, for disagreement … Compromise is not a dirty word if it moves Texas forward.”

Some Democrats thought the Republican governor’s speech took a surprising turn, given that he often dug in his heels at Democratic initiatives during his umpteen years in office.

One comment stands out as I read reports of his speech. It was his support of drug treatment diversion programs as an alternative to jail time for non-violent drug offenders. “We must remember when it comes to the disease of addiction, the issue is not helping bad people become good, but sick people become well,” he said. “Turning to diversion programs hasn’t made us soft on crime. It’s made us smart on crime.”

That sounds like a ringing endorsement of drug courts, such as the one started in the Panhandle by 181st District Judge John Board.

Well, the speech is over. Perry is cleaning out his office. He’s heading back onto the campaign trail soon. One of his first post-governorship stops will be in Iowa, where he’ll attend a conservative political forum hosted by TEA party Republican firebrand U.S. Rep. Steve King.

I’m guessing he won’t sound so conciliatory there.

Still, thanks for the good words, governor.

 

local news

Making the case for public education

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An Amarillo public school teacher has been named one of four finalists for National Teacher of the Year.

Her name is Shanna Peeples, who teaches advanced placement English at Palo Duro High School.

She made an important statement today in accepting the honor of representing Texas at the national competition.

http://agntv.amarillo.com/news/pd-teacher-named-national-teacher-year-finalist

It was a statement honoring public education and the teachers who are entrusted with the task of educating public school students.

Let me reiterate the importance of “public education.” This is the system that is financed by you and me. We pay the freight. We finance this valuable contribution to the state’s future. It is our responsibility to ensure that public education is the best it can be and it produces students who we hope will grow up to the best they can be.

In the interest of full disclosure, I worked with Shanna for a time when we both were employed by the same company, the Amarillo Globe-News. She was a marvelous reporter and writer during her time at the newspaper and she has become — as the honors that have come her way have demonstrated — a tremendous educator.

She represents the very best in all of us, those who proudly support our public schools.

We should be proud of Shanna — and of all the great public educators who work on our behalf.

 

 

national news, political news

Terrorists compared to American patriots

You shouldn’t have gone there, Dr. Ben Carson.

No sir. You should not have compared the Islamic State terrorists — the monstrous demons who behead people in public — to the brave warriors who fought against British tyranny to create the United States of America.

That’s what you did, Doc, when you said: “They got the wrong philosophy, but they’re willing to die for what they believe, while we are busily giving away every belief and every value for the sake of political correctness.”

http://www.msn.com/en-us/news/politics/ben-carson-likens-islamic-state-to-american-patriots/ar-AA8dMf7

That statement might have stood on its own, Dr. Carson, but you had prefaced it by saying American revolutionary patriots also were willing to die for their cause.

Perhaps a better comparison, Doc, would have been that kamikaze pilots flying for the Japanese Empire were willing to “die for their beliefs” as they flew their aircraft into American warships during World War II.

What you’ve done, sir, is juxtapose a cherished American ideal — the fight for liberty, freedom and individual dignity — with monstrous acts, crimes against humanity.

I understand, Dr.Carson, that you are pondering a run for the presidency in 2016. Conservatives adore your ideology and they hang on your words. I appreciate as well your intelligence and obvious brilliance as a leading neurosurgeon and medical scholar.

But just as that goofy Texas congressman, Randy Weber, erred in comparing President Obama to Adolf Hitler in a tweet — for which he later sort of apologized — you have mixed two radically different examples of why people lay down their lives for causes in which they believe.

 

 

national news

What about the 'Three Rs' in South Carolina?

South Carolina legislators want to teach public school students there a lesson about the Constitution. They want also to require teachers spend three weeks each school year teaching students about the Second Amendment, the one that deals with gun ownership.

Three weeks on one amendment to the nation’s founding document?

And it’s the one dealing with guns?

What kind of craziness is occurring over yonder in the Palmetto State?

South Carolina Law Would Make Kids Study Second Amendment for 3 Weeks Every Year

Take a look at this: “As Ian Millhiser at Think Progress points out, that’s an enormous chunk of the school year, especially given that some South Carolina schools devote just two weeks to slavery and a week and a half to World War II.”

OK, that comes from Mother Jones, a publication not exactly friendly to the issues favored by the National Rifle Association. But Millhiser makes a good point about educational priorities.

Republican South Carolina Gov. Nikki Haley has an A+ NRA rating. Both legislative chambers are controlled by Republicans. Of course, the Second Amendment is arguably the favorite amendment among the GOP, right along with the 10th, which lays out powers that states can assume when they aren’t covered by the federal government.

South Carolina’s public school students don’t need to be required to study one amendment — even if it’s the one that allows Americans to “keep and bear arms.”

That’s more important than the that guarantees free speech and freedom of religion? Or the one that guarantees all citizens “equal protection” under federal law?

As Mother Jones reports: “‘Even amongst a conservative constituency in South Carolina, I think they can rate that they have more abiding problems than this,’ says Dave Woodard, a political science professor at Clemson University who’s long served as a political consultant to Republican candidates in South Carolina.

“‘Most people are more concerned with math and science, and the fact that historically, South Carolina’s rankings in education have been abysmal. Nobody, I think, would say ‘The best way to improve education is to have a three-week segment on the Second Amendment. Boy, that’ll move us up in the national rankings!'”

The idea is nutty.

 

State news, Uncategorized

Texas Democrat talking bravely

Marc Veasey can be forgiven for speaking with utmost hope about the future of his political party.

The young state representative retains a youthful exuberance when he says he remains hopeful that the Texas Democratic Party is going to come back … eventually … some day.

http://www.texastribune.org/2015/01/15/veasey-democrats-abbott-davis/

Let’s hope he’s not holding his breath. He’ll need to be resuscitated if he’s waiting for Democrats’ return to ascendancy.

I share his hope. I, too, want to see the Democratic Party revived in Texas. Republicans have too much power. They own every statewide office there is. I’ve long been leery of one-party domination. It breeds arrogance — no matter which party is in control.

Veasey told the Texas Tribune: “There’s no question about the fact that for Democrats, Texas is a tough place. It just is,” he said. “It seems like the Republicans are winning everything, but things are changing.”

Those “things” are demographics. The state has a growing minority population, comprising primarily Hispanics who tend to vote Democratic. The problem, however, remains in the dismal voter turnout.

The 2014 mid-term election was supposed to signal a turning point for Democrats. It didn’t. Wendy Davis got thumped in her campaign for governor, as did Leticia Van de Putte, the party’s nominee for lieutenant governor. All the way down the ballot the result was the same for Democratic candidates.

What’s the solution? How does the Democratic Party restore itself? How does the state become competitive and how do Democrats become capable of challenging standard Republican TEA party orthodoxy that seems to be ruling supreme in Texas?

Rep. Veasey says the party apparatus shouldn’t just wait for the demographic shift to put Democrats over the top. Well, given the party’s lack of success to date, that might be the only option left — particularly if Republicans keep promoting anti-immigration measures that work against their own efforts at party expansion.

 

national news

Huckabee turns into a goofball

Honest to goodness, I never thought of Mike Huckabee as a right-wing goofball — until just a couple of days ago.

Maybe I missed the warning signs. He went wildly off the rails, though, with some kind of weird critique of President and Mrs. Obama’s parenting skills. Former President Carter came to the Obamas’ defense. Huckabee, who left his job at Fox News to explore another run for the Republican presidential nomination, needs an intervention … maybe.

http://www.msnbc.com/msnbc/jimmy-carter-defends-obamas-parenting-wake-huckabee-attack

The former Arkansas governor and one-time Baptist preacher said the Obamas deserve criticism because — hold on, now — they let their daughters listen to Beyoncé. President Carter, who also has some credibility as a man of deep religious faith, said the “president is doing a good job” raising his daughters in the fish-bowl environment in which the family is living.

The first daughters, Malia and Sasha, are being poisoned by their exposure to Beyoncé’s raunchy lyrics and her dance moves, which Huckabee says are more appropriate “in the bedroom.”

Huck did offer a tepid disclaimer to the blistering he gave the first couple when he said they are “are excellent and exemplary parents in many ways.” Ah yes, “in many ways.”

That’s like saying, “I love that death, but …” Without fail, whatever comes after the word “but” is going to drop the hammer with a negative assertion of some sort.

The Obama daughters are growing up to be fine young women, just as the Bush twins — Barbara and Jenna — have done and just as virtually all children who come of age while living in the White House have done.

Stick to public policy, Rev. Huckabee, particularly if you’re going to run for president of the United States of America — again.

 

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