Category: Politics and Government

Revisiting Court Decisions

In 2008, Miami-Dade enacted Ordinance 08-34 requiring cranes be able to withstand load from 140 mph winds. Construction companies objected — they’d need to spend more money ensuring public safety, and really how often are 140 mph winds ripping through Miami? Courts deemed the local regulation to cover worker safety and not public safety; the OSHA requirement, which is something like 90 mph, superseded the local government’s Ordinance (I think the 11th Circuit decision actually said it was a multi-purpose regulation … but since the requirement touched on workplace safety, OSHA wins). I wonder, as cranes come crashing into buildings in downtown Miami, if the court would revisit that decision.

I worked for a company that operated each regional area as an independent entity. Each had their own set of rules, regulations, processes … they just shared a common HR staff and all of the money rolled up to the same ledger. Their “sell” to this approach was that it allowed different regions with different requirements to make rules that met their customer’s needs. The unfortunate example that got cited, though, was a military base out in Virginia. *That* region had a policy where, upon being deployed overseas, a military family could have their account flagged as forward deployed. The the account would not be suspended for non-payment and no collections attempts would be made. Which is nice – but why weren’t military bases in other regions afforded the same courtesy? Or customers stationed at the base in Virginia who happened to retain their cell phone from their family’s home in Kansas? Essentially, I could never understand what about cellular service could need to be customized for a specific region where it was a completely unreasonable policy in other regions. There are areas where a single nation-wide regulation makes sense.

Construction regulations, on the other hand, seem very location specific. And a area where a nationwide minimum standard would be far more reasonable. I doubt there’s a lot of concern about coastal flooding in Denver. Snow load regulations for equipment in South Texas is silly, but I wouldn’t want to sleep next door to a crane in NYC that didn’t fall under some snow load reg. Builders in Maine don’t need to worry too much about tornado damage, but construction sites between OKC and Tulsa can reasonably be required to lash down their materials at the end of each day to avoid debris being flung all over the countryside. And, yeah, cities in Southern Florida can reasonably want large pieces of equipment to have higher wind load ratings than a crane in Seattle.

Furthermore — why is it “states rights” people only support the state’s rights to be *more* Republican? Why should Cali need a waiver to have stricter air quality and fuel efficiency rules? Why should Miami be unable to have higher standards for wind force? It isn’t like Washington needed a waiver to set their minimum wage above the federal set-point.

Cooperation

Read an interesting take on Mueller’s coordination with NY AG Schneiderman: Trump might manage to shut down Mueller’s investigation (or enough Republicans may OK the 6 month time limit). Justice can suppress documents from the investigation (or oopse them), but it would be a gross abuse of federal power to confiscate (or even assume to control the release of) investigative materials in possession of the NY AG.

Which isn’t to say Trump & co wouldn’t *try* … but something not a lot of Americans seem to know about the lead up to the Revolutionary war: there was quite a bit of debate in Parliament about the same grievances the American colonialists had. Not because Britons had some altruistic concern for the socio-political well-being of Colonials, but if some set of offensive rules apply to THOSE crown citizens today, what is to stop them from applying to ME tomorrow? Point being – it’s one thing to treat women horrendously, screw over poor people, take the David Duke approach to race relations. But if the feds can come in and overrule state criminal investigations in NY today … well, here’s hoping people who like to prance around screaming about states rights have some line they aren’t OK with Trump crossing.

Pardons

When a law enforcement officer refuses to enforce the law and can rely on the president to pardon the infraction, does that not elevate the executive branch above all others? Trump encouraged law enforcement officers to abuse people in their custody (full on Jerry Seinfeld why are they so careful getting the guy in the back of the cruiser?). Can police officers expect to be pardoned when charged with brutality? Will they be guaranteed their jobs even after killing a suspect? What is the point of having laws (or a court system) if one branch of the government can decide what should be legal by pardoning infractions they don’t like.

Sure there are mitigating circumstances that may diminish the severity of the infraction, mandatory sentencing produced people whose ‘time’ in no way fit their ‘crime’, some people are amazingly reformed after the commission of their crime. Hell, the law could change five years into your term rendering your infraction a perfectly legal activity. Some people deserve a break. Would it not be better to allow the judicial system to redress these scenarios? Mechanisms to do so are already in place — parole reduces the effective sentence, but the individual retains a criminal record. Expunction seals the record and generally means the individual does not need to disclose the conviction.

And not that I believe Trump is in the least bit concerned about people whose rights were trampled by Arpaio? What redress do they have? The purported ideology does not care who is damaged in the pursuit of illegal immigrants. And that is what makes this particular pardon so offensive. In the ‘war on drugs’, cops abused people in poor neighborhoods. Evidence was planted to convict those who were known to be dealers. What would have happened if Reagan had just pardoned those officers?

We watched a lot of movies when building Windstream. A lot. We were splitting an eDirectory tree, and a couple of servers each night would be moved. I ran the support bridge for the split, and needed a way to get a good number of people to volunteer to work 6p-2a six days a week with no overtime. Accomplished this by having free dinner, snacks, and movies. I didn’t own that many DVDs, so people volunteered to bring their collection too. It was a lot of fun (some of the techs ringing into the bridge would get the same DVD going and watch with us), and I got to see a lot of movies I wouldn’t have known existed. One of those movies was an early 70’s movie based on a mid 60’s book: Colossus: The Forbin Project. Pardoning Arpaio makes me think of the movie — the premise was essentially that the US government commissioned a computer system to control the country’s nuclear arsenal with the goal of preserving world peace because computers do not suffer human foibles such as irrational emotional responses. The computer accomplished it’s goal … by using the nuclear arsenal to blackmail humanity into peace (either you stop fighting or I start nuc’ing you until you concede). Same lack of constraint or morality. It doesn’t matter how many people are tortured or killed, as long as the objective is met.

Clean Coal

Running freshly mined coal chunks through a waterfall to wash off dirt doesn’t seem like it would be much less effective than proposed carbon sequestration methods.
 
Seriously – plant a bunch of trees downwind of the coal fire == sequestration. Capture and compress these emissions then injected them into the Earth … what could go wrong with that? Combine it with some other elements to make limestone. Split CO2 molecules, released pure O2 into the air & then made diamonds or carbon nano-tubes. Whatever “clean the coal emissions” approach you want to go with, you still have mercury, cobalt, arsenic, hydrofloric acid, cadmium, beryllium, chromium, lead, manganese … all sorts of pollutants escaping into the atmosphere. Spent a lot of money to get there, created public perception that environmental impact had been negated, and if my rudimentary understanding of the proposed sequestration methods is anywhere near accurate the energy output of the facility is reduced as well (i.e. I need to burn MORE coal w/ sequestration to produce the same amount of energy).
 
Plus dirt – not generally combustible stuff. Wouldn’t dirt already be washed off ’cause I’m not paying per tonne or whatever to get a bunch of non-burny stuff?

Alternative Facts

The Trump administration’s fabrications of current events, euphemistically coined ‘alternative facts’ by Conway, have migrated into fabrications about history. General Pershing did not shoot Muslims using bullets dipped in pigs blood.

Had Pershing done so, this comment would be much the same as decreeing that American internment camps had the right idea (yeah, Trump’s said that too) – whilst one cannot argue the historical validity of the event, one most certainly can admit that the country made a grave mistake.

“Defending Statues”

Something to remember amid the resurgence of Klan and NeoNazi rallies — Robert E Lee, patron saint of the white Southern male “lost cause” literally said he did not support a monument to ‘Stonewall’ Jackson but valued unifying the country and healing the wounds of the war.

 

http://leefamilyarchive.org/papers/letters/transcripts-UVA/v076.html
Sender: Robert E. Lee
Recipient: Thoms L. Rosser

Lexington VA 13 Dec – r 1866
My dear Genl
I have considered the questions in your letter of the 8th Inst: & am unable to advise as to the efficacy of the scheme proposed for the accomplishment of the object in view. That can be better determined by those more conversant with similar plans than I am.
As regards the erection of such a monument as is contemplated; my conviction is, that however grateful it would be to the feelings of the South, the attempt in the present condition of the Country, would have the effect of retarding, instead of accelerating its accomplishment; & of continuing, if not adding to, the difficulties under which the Southern people labour. All I think that can now be done, is to aid our noble & generous women in their efforts to protect the graves & mark the last resting places of those who have fallen, & wait for better times.
I am very glad to hear of your comfortable establishment in Baltimore & that Mrs. Rosser is with you. Please present to her my warm regards. It would give me great pleasure to meet you both anywhere, & especially at times of leisure in the mountains of Virginia; but such times look too distant for me to contemplate, much less for me now to make arrangements for …

 

Edited to add “Stonewall” Jackson has some great grand children to agree the monuments should come down:

Dear Richmond Mayor Levar Stoney and members of the Monument Avenue Commission,

We are native Richmonders and also the great-great-grandsons of Stonewall Jackson. As two of the closest living relatives to Stonewall, we are writing today to ask for the removal of his statue, as well as the removal of all Confederate statues from Monument Avenue. They are overt symbols of racism and white supremacy, and the time is long overdue for them to depart from public display. Overnight, Baltimore has seen fit to take this action. Richmond should, too.

In making this request, we wish to express our respect and admiration for Mayor Stoney’s leadership while also strongly disagreeing with his claim that “removal of symbols does [nothing] for telling the actual truth [nor] changes the state and culture of racism in this country today.” In our view, the removal of the Jackson statue and others will necessarily further difficult conversations about racial justice. It will begin to tell the truth of us all coming to our senses.

Last weekend, Charlottesville showed us unequivocally that Confederate statues offer pre-existing iconography for racists. The people who descended on Charlottesville last weekend were there to make a naked show of force for white supremacy. To them, the Robert E. Lee statue is a clear symbol of their hateful ideology. The Confederate statues on Monument Avenue are, too—especially Jackson, who faces north, supposedly as if to continue the fight.

We are writing to say that we understand justice very differently from our grandfather’s grandfather, and we wish to make it clear his statue does not represent us.

Through our upbringing and education, we have learned much about Stonewall Jackson. We have learned about his reluctance to fight and his teaching of Sunday School to enslaved peoples in Lexington, Virginia, a potentially criminal activity at the time. We have learned how thoughtful and loving he was toward his family. But we cannot ignore his decision to own slaves, his decision to go to war for the Confederacy, and, ultimately, the fact that he was a white man fighting on the side of white supremacy.

While we are not ashamed of our great-great-grandfather, we are ashamed to benefit from white supremacy while our black family and friends suffer. We are ashamed of the monument.

In fact, instead of lauding Jackson’s violence, we choose to celebrate Stonewall’s sister—our great-great-grandaunt—Laura Jackson Arnold. As an adult Laura became a staunch Unionist and abolitionist. Though she and Stonewall were incredibly close through childhood, she never spoke to Stonewall after his decision to support the Confederacy. We choose to stand on the right side of history with Laura Jackson Arnold.

We are ashamed to benefit from white supremacy while our black family and friends suffer. We are ashamed of the monument.

Confederate monuments like the Jackson statue were never intended as benign symbols. Rather, they were the clearly articulated artwork of white supremacy. Among many examples, we can see this plainly if we look at the dedication of a Confederate statue at the University of North Carolina, in which a speaker proclaimed that the Confederate soldier “saved the very life of the Anglo-Saxon race in the South.” Disturbingly, he went on to recount a tale of performing the “pleasing duty” of “horse whipping” a black woman in front of federal soldiers. All over the South, this grotesque message is conveyed by similar monuments. As importantly, this message is clear to today’s avowed white supremacists.

There is also historical evidence that the statues on Monument Avenue were rejected by black Richmonders at the time of their construction. In the 1870s, John Mitchell, a black city councilman, called the monuments a tribute to “blood and treason” and voiced strong opposition to the use of public funds for building them. Speaking about the Lee Memorial, he vowed that there would come a time when African Americans would “be there to take it down.”

Ongoing racial disparities in incarceration, educational attainment, police brutality, hiring practices, access to health care, and, perhaps most starkly, wealth, make it clear that these monuments do not stand somehow outside of history. Racism and white supremacy, which undoubtedly continue today, are neither natural nor inevitable. Rather, they were created in order to justify the unjustifiable, in particular slavery.

One thing that bonds our extended family, besides our common ancestor, is that many have worked, often as clergy and as educators, for justice in their communities. While we do not purport to speak for all of Stonewall’s kin, our sense of justice leads us to believe that removing the Stonewall statue and other monuments should be part of a larger project of actively mending the racial disparities that hundreds of years of white supremacy have wrought. We hope other descendants of Confederate generals will stand with us.

As cities all over the South are realizing now, we are not in need of added context. We are in need of a new context—one in which the statues have been taken down.

Respectfully,
William Jackson Christian
Warren Edmund Christian
Great-great-grandsons of Thomas Jonathan “Stonewall” Jackson

The Evidence

A sufficient number of people don’t believe the Confederacy was outright wrong or these statues wouldn’t be here. Similarly, a sufficient number of people don’t think the treatment of native Americans was wrong enough to make “the redskins” or “chief wahoo” a bad marketing idea. Not saying these people are correct, and evidently the number of people defending the Confederacy is shrinking or we wouldn’t have protests over statue removal. But I couldn’t imagine finding any significant percentage of the American or European populations who were willing to defend Hitler or Nazism. Given the widespread condemnation of the Nazi party, yeah expression of Nazism is illegal in Germany. Fifteen years ago, when my company had a branch in Germany, it was even illegal to assign numbers to people because it was too much like camp serial numbers (I discovered when working with some programmers to tweak a friend function because all of our employees were tracked by an internally maintained employee ID and we had to do something special for Germany to avoid running afoul of the law.).

While I don’t see a lot of people overtly claiming that the Confederacy was right about slavery, viewing the proximal (slavery) and distal (states rights) causes of the Civil War as distinct leaves room to say the Confederate states *were* right that the federal government was usurping power that should have been held by the states. Which provides an acceptable spin to Confederate monuments … and we end up mired in this red herring argument about protecting states rights and honoring those who fought to defend states rights (not to mention we need ‘the real context of these monument’ articles). I lived in the South for a while, and encountered a number of neo-Confederates. Asked them to tell me *what* rights of the state were contested — not just the principal of a state having rights beyond federal reach. That’s specifically written in the Constitution. Never got a good answer beyond “if they could tell us not to do X today, they could tell us not to do Y tomorrow.” because the right they were fighting for? The right to consider human beings as property based on a physical characteristic.

It’s different when it’s your own …

U.S. Attorney Channing Phillips, in a motion to compel an ISP to turn over 1.3 million IP addresses that visited a Resistance web site:

“That website was used in the development, planning, advertisement and organization of a violent riot that occurred in Washington, D.C. on January 20, 2017”

Charlottesville is under a different district, thus different people involved. But anyone think the DoJ is pressuring a bunch of alt-right, Klan, and neo-Nazi sites to turn over their visitor IPs, registered user information, draft blog posts, and so on?