Friday, March 25, 2011
http://en.wikipedia.org/wiki/Dorr_Rebellion
Only two men have been convicted of treason against a state.John Brown of Harper's Ferry is well known. The other is Dorr. Rhode Island's charter from the king required land ownership by white men in order to vote. Dorr supported voting by all white men (at one time blacks also, although he changed his mind later.) Dorr held a constitutional convention and was elected governor, but the legislature also elected their own governor. President Tyler, asked to send troops, sent one guy, but sided with the legislature. Shirmishes followed. Dorr was arrested, jailed two years, freed, died shortly after. The legislature then voted in a new constitution.
A civil war, over voting rights,and I'd never heard of it. Found it while googling about my own voting rights case.
Only two men have been convicted of treason against a state.John Brown of Harper's Ferry is well known. The other is Dorr. Rhode Island's charter from the king required land ownership by white men in order to vote. Dorr supported voting by all white men (at one time blacks also, although he changed his mind later.) Dorr held a constitutional convention and was elected governor, but the legislature also elected their own governor. President Tyler, asked to send troops, sent one guy, but sided with the legislature. Shirmishes followed. Dorr was arrested, jailed two years, freed, died shortly after. The legislature then voted in a new constitution.
A civil war, over voting rights,and I'd never heard of it. Found it while googling about my own voting rights case.
Thursday, March 24, 2011
nyt times blog pushes for more disclaimers on tv ads. article.
my comment:
11.
Robbin Stewart
Indianapolis
March 24th, 2011
1:22 am
In one of the landmark victories of the civil rights movement, the Supreme Court ruled in Talley v California (1960) that disclaimer regulations violate the first amendment. This case,and the related NAACP cases in Alabama and Little Rock, are the foundation of the modern right to privacy. The Supreme Court upheld this right again in McIntyre v Ohio in 1995. In Citizens United, the court made an exception to this general rule just as to corporations, but the general rule remains the law of the land. Occasionally, as in Red Lion, the court has treated TV and radio as less protected than other speech, but that is not the trend. The suggested new regulations are unconstitutional, and it would be unethical and illegal for the commissioners to try to enforce them if passed.
Groups like the Media Access Project are free to try to get the First Amendment repealed. Until then, they should learn to live with it.
http://www.mediaaccess.org/uploads/MAPPetitionForRulemakingReSponsorshipID.pdf
what i should do next is file something with the FCC, but i may never get around to it.
my comment:
11.
Robbin Stewart
Indianapolis
March 24th, 2011
1:22 am
In one of the landmark victories of the civil rights movement, the Supreme Court ruled in Talley v California (1960) that disclaimer regulations violate the first amendment. This case,and the related NAACP cases in Alabama and Little Rock, are the foundation of the modern right to privacy. The Supreme Court upheld this right again in McIntyre v Ohio in 1995. In Citizens United, the court made an exception to this general rule just as to corporations, but the general rule remains the law of the land. Occasionally, as in Red Lion, the court has treated TV and radio as less protected than other speech, but that is not the trend. The suggested new regulations are unconstitutional, and it would be unethical and illegal for the commissioners to try to enforce them if passed.
Groups like the Media Access Project are free to try to get the First Amendment repealed. Until then, they should learn to live with it.
http://www.mediaaccess.org/uploads/MAPPetitionForRulemakingReSponsorshipID.pdf
what i should do next is file something with the FCC, but i may never get around to it.
Wednesday, March 23, 2011
tonight the texas house passed voter ID. it next goes to conference committee then to the governor. i wonder if it is constitutional,and whether an effective challenge will be brought.
Sec. 1. CLASSES OF PERSONS NOT ALLOWED TO VOTE. (a) The following classes of persons shall not be allowed to vote in this State:
(1) persons under 18 years of age;
(2) persons who have been determined mentally incompetent by a court, subject to such exceptions as the Legislature may make; and
(3) persons convicted of any felony, subject to such exceptions as the Legislature may make.
(b) The legislature shall enact laws to exclude from the right of suffrage persons who have been convicted of bribery, perjury, forgery, or other high crimes.
(Amended Nov. 8, 1932, Nov. 2, 1954, Nov. 4, 1997, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 1: See Appendix, Note 3.)
Sec. 2. QUALIFIED ELECTOR; REGISTRATION; ABSENTEE VOTING. (a) Every person subject to none of the disqualifications provided by Section 1 of this article or by a law enacted under that section who is a citizen of the United States and who is a resident of this State shall be deemed a qualified voter; provided, however, that before offering to vote at an election a voter shall have registered, but such requirement for registration shall not be considered a qualification of a voter within the meaning of the term "qualified voter" as used in any other Article of this Constitution in respect to any matter except qualification and eligibility to vote at an election.
(b) The Legislature may authorize absentee voting.
(c) The privilege of free suffrage shall be protected by laws regulating elections and prohibiting under adequate penalties all undue influence in elections from power, bribery, tumult, or other improper practice.
sect I: and the maintenance of our free institutions and the
perpetuity of the Union depend upon the preservation of the right of
local self-government,
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
Sec. 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW. No citizen of this State shall be ..., or in any manner disfranchised, except by the due course of the law of the land.
Sec. 20. OUTLAWRY OR TRANSPORTATION FOR OFFENSE. No citizen shall be outlawed.
Sec. 1. CLASSES OF PERSONS NOT ALLOWED TO VOTE. (a) The following classes of persons shall not be allowed to vote in this State:
(1) persons under 18 years of age;
(2) persons who have been determined mentally incompetent by a court, subject to such exceptions as the Legislature may make; and
(3) persons convicted of any felony, subject to such exceptions as the Legislature may make.
(b) The legislature shall enact laws to exclude from the right of suffrage persons who have been convicted of bribery, perjury, forgery, or other high crimes.
(Amended Nov. 8, 1932, Nov. 2, 1954, Nov. 4, 1997, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 1: See Appendix, Note 3.)
Sec. 2. QUALIFIED ELECTOR; REGISTRATION; ABSENTEE VOTING. (a) Every person subject to none of the disqualifications provided by Section 1 of this article or by a law enacted under that section who is a citizen of the United States and who is a resident of this State shall be deemed a qualified voter; provided, however, that before offering to vote at an election a voter shall have registered, but such requirement for registration shall not be considered a qualification of a voter within the meaning of the term "qualified voter" as used in any other Article of this Constitution in respect to any matter except qualification and eligibility to vote at an election.
(b) The Legislature may authorize absentee voting.
(c) The privilege of free suffrage shall be protected by laws regulating elections and prohibiting under adequate penalties all undue influence in elections from power, bribery, tumult, or other improper practice.
sect I: and the maintenance of our free institutions and the
perpetuity of the Union depend upon the preservation of the right of
local self-government,
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
Sec. 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW. No citizen of this State shall be ..., or in any manner disfranchised, except by the due course of the law of the land.
Sec. 20. OUTLAWRY OR TRANSPORTATION FOR OFFENSE. No citizen shall be outlawed.
http://www.theatlantic.com/politics/archive/2011/03/rand-paul-for-president/72854/
Monday, March 21, 2011
In for a calf is not in for Ahn Cao. (see Ginsberg concurring in McIntyre v Ohio.)
The Supreme Court denied cert in Cao v FEC, Richard Winger reports. The 5th circuit, which is now the most reversed circuit, had used the permissive Valeo standard in upholding limits to political party spending. Scotusblog.
update: hasen's post is "Don't have a Cao, man."
The Supreme Court denied cert in Cao v FEC, Richard Winger reports. The 5th circuit, which is now the most reversed circuit, had used the permissive Valeo standard in upholding limits to political party spending. Scotusblog.
update: hasen's post is "Don't have a Cao, man."
Monday, March 07, 2011
Ensign, R-NV, won't run. Leans GOP with congresscritter and former SecState Dean Heller a likely frontrunner.
Is all this just the usual generational turnover, or are we seeing real change?
Ensign Akaka Bingaman Hutchinson Conrad Lieberman Kyl Webb, that's 8, how many more to go? I predict several D seats will turn R this year, but I don't know how many more of these voluntary retirements we'll see. On average, expect 1 incumbent to lose the primary. It probably won't be Lugar.
Senator Akaka, D-HI, 86, will retire. Stays D. This will reduce the number of palindromatic senators by 1.
Jeff Bingaman D NM will retire. Likely GOP pickup. toss-up.
Jim Webb (D-VA) will retire. Likely GOP pick-up.
Hutchinson (R-TX) Conrad (D-ND) and Lieberman (I-CT) are retiring. Probable GOP pickup in ND, Dem pickup in CT. Susan somebody Bysiewicz, who was just CT sec of state, has announced, as have a few others. Susan was removed from the ballot for Attorney General in 2010 for not enough legal experience, by the state supreme court.
Jon Kyl, R AZ is also not running in 2012.
Tea party favorite "State Treasurer Richard Mourdock is planning a statewide tour to formally announce his intention to challenge U.S. Sen. Richard Lugar in the 2012 Republican primary."
Is all this just the usual generational turnover, or are we seeing real change?
Ensign Akaka Bingaman Hutchinson Conrad Lieberman Kyl Webb, that's 8, how many more to go? I predict several D seats will turn R this year, but I don't know how many more of these voluntary retirements we'll see. On average, expect 1 incumbent to lose the primary. It probably won't be Lugar.
Senator Akaka, D-HI, 86, will retire. Stays D. This will reduce the number of palindromatic senators by 1.
Jeff Bingaman D NM will retire.
Jim Webb (D-VA) will retire. Likely GOP pick-up.
Hutchinson (R-TX) Conrad (D-ND) and Lieberman (I-CT) are retiring. Probable GOP pickup in ND, Dem pickup in CT. Susan somebody Bysiewicz, who was just CT sec of state, has announced, as have a few others. Susan was removed from the ballot for Attorney General in 2010 for not enough legal experience, by the state supreme court.
Jon Kyl, R AZ is also not running in 2012.
Tea party favorite "State Treasurer Richard Mourdock is planning a statewide tour to formally announce his intention to challenge U.S. Sen. Richard Lugar in the 2012 Republican primary."
Tuesday, March 01, 2011
NYT: He would swing into Crookâs Corner, a legendary Southern restaurant, for an order of fried oysters to go, talking to anyone around and looking like the polished but approachable Democratic presidential candidate he once was.
