#C is for Congress which is first in the Constitution

[wyrdweavings]

In case anyone out there needs a copy

The U.S. Constitution, pasted in from the copy at the U.S. National Archives (you never know when the site might be taken down): We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and…

[mariacallous]

As president of the United States, Donald Trump threatened the federally issued licenses of television broadcast outlets that displeased him. In 2017, after NBC News reported a dispute between the president and his military advisors about the size of the nuclear arsenal, the president launched a series of tweets:

These 2017 tweets did not specifically suggest that he would have the Federal Communications Commission (FCC), which issues the airwave licenses, revoke them on his order. Instead, they appear to echo the 1972 tactics of Richard Nixon, who, displeased by coverage from the Washington Post, encouraged a third party to file a challenge at the FCC (which ultimately went nowhere).  

In response to the 2017 tweets, the Trump-appointed chairman of the FCC, Ajit Pai, took a firm stand. “I believe in the First Amendment,” he said. “Under the law, the FCC does not have the authority to revoke a license of a broadcast station based on a particular newscast.”   

Now, in 2024, as a presidential candidate, Donald Trump has reasserted that broadcasters who displease him should lose their federal airwave licenses. A September 2023 post on Truth Social accused NBC of “Country Threatening Treason.” He added, “Why should NBC, or any of the other corrupt & dishonest media companies, be entitled to use the very valuable Airwaves of the USA, FREE?”

The current Chair of the FCC, Jessica Rosenworcel, responded, “the First Amendment is a cornerstone of our democracy. The FCC does not and will not revoke licenses for broadcast stations simply because a political candidate disagrees with or dislikes content or coverage.”  

However, the ability of future FCCs to stand up to such instructions could be at risk. Candidate Trump has promised, “I will bring the independent regulatory agencies, such as the FCC and the FTC, back under Presidential authority, as the Constitution demands.” While the Constitution never mentions regulatory agencies, bringing the FCC under direct presidential control would surely undercut its independent decision-making.   

But a president of the United States already has powers beyond coercing the FCC. These powers could be exercised not only against broadcasters, but also against those who operate the internet. 

The “Doomsday Book” 

During his presidency, Donald Trump asserted, “When somebody’s president of the United States, the authority is total.” Whether or not presidential authority is “total,” there does already exist a compendium of presidential powers that have been enacted by Congress for use in extreme circumstances.  

Reportedly locked in a White House safe are the secret “Presidential Emergency Action Documents” (PEADs). Colloquially known as the “Doomsday Book,” they are a collection of powers authorized by Congress for the president to use in emergencies. Included in this compendium is Section 706 (codified as 47 USC 606), titled, “War Emergency – Powers of the President,” that is tucked away at the end of the Communications Act of 1934, the statute that created the FCC.  

TIME Magazine reports, “When Donald Trump was in the Oval Office, members of the national security staff actively worked to keep him from learning the full extent of these interpretations of presidential authority, concerned he would abuse them.”   

Here is what Section 706 authorizes: 

(c) Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency… the President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States as prescribed by the Commission, and may cause the closing of any station for radio communication…

The next subsection, using similar “national security” criteria, gives the president authority over the wired networks, such as those that carry telephone and internet service. Section 706(d), in pertinent part, authorizes the president to “suspend or amend the rules and regulations applicable to any or all facilities or stations for wire communication… cause the closing of any facility or station for wire communication… [or] authorize the use or control of any such facility or station… by any department of the Government under such regulations as he may prescribe…”  

The terms “war or a threat of war, or a state of public peril or disaster or other national emergency” are not defined by the Communications Act. Such declarations of national emergency were, however, a go-to solution when Donald Trump was in office. The effort to restrict travel from majority-Muslim countries was justified on national security grounds. Tariffs were levied on foreign steel and aluminum as a national security threat based on their impact on domestic production. When Congress would not give him the funding he wanted for the Mexican border wall, the president simply used a national emergency declaration to reallocate Defense Department funds to build the wall. Reportedly, he even considered declaring that the use of natural gas for electricity production was a national security risk because the gas pipelines could become terrorist targets. 

The power of the Chief 

Candidate Trump, in September 2023, posted that NBC and other “corrupt & dishonest media companies” are “a true threat to democracy and are, in fact, THE ENEMY OF THE PEOPLE!” He declared, “The Fake News Media should pay a big price for what they have done to our once great Country.”  

A 2021 report by the nonpartisan Congressional Research Service (CRS) concluded, “in the American governmental experience, the exercise of emergency powers has been somewhat dependent on the Chief Executive’s view of the presidential office.” When he was Chief Executive, Donald Trump explained how he viewed the office: “I have Article II [of the Constitution], where I have the right to do whatever I want as president.”  

The tools to do whatever the president wants—whether at the FCC or in the Doomsday Book—are at hand. As the CRS report concluded, such decisions are dependent “on the Chief Executive’s view of the presidential office.”  

The institution that created these broad powers, the Congress, has an important role as overseer of the authority they have delegated to the executive. Congress constantly holds oversight hearings on the agencies of the executive branch; hearings on the unilateral powers granted to the president are warranted. The threshold question for such hearings should be whether there are sufficient guardrails in place to protect against their abuse, and what such protections should look like. Regardless of who wins the election—Congress should review whether the unilateral powers granted to the president in the 20th century need updating for the 21st century. 

[queersatanic]

Hindutva's Foreign Tie-up in the 1930s

Archival Evidence

To understand militant Hinduism, one must examine its domestic roots as well as foreign influence. In the 1930s Hindu nationalism borrowed from European fascism to transform 'different' people into 'enemies'. Leaders of militant Hinduism repeatedly expressed their admiration for authoritarian leaders such as Mussolini and Hitler and for the fascist model of society. This influence continues to the present day. This paper presents archival evidence on the would-be collaborators.

By Marzia Casolari

Source: Economic and Political Weekly, Jan. 22-28, 2000, Vol. 35, No. 4 (Jan. 22-28, 2000), pp. 218-228

'Fascist' was in Sumit Sarkar's words, "till the other day a mere epithet" ('The Fascism of the Sangh Parivar', Economic and Political Weekly, January 30, 1993, p 163). It has come to define the ideology and practice of the Hindu militant organisations. It is a common place, accepted by their opponents, as well as by those who have a critical, but not necessarily negative, view of Hindu fundamentalism. Defining the Rashtriya Swayamsewak Sangh (RSS) and, in general, the organisations of militant Hinduism I as undemocratic, with authoritarian, paramilitary, radical, violent tendencies and a sympathy for fascist ideology and practice, has been a major concern for many politically oriented scholars and writers. This has been the case with the literature which started with Gandhi's assassination and continues up to the present day with works such as Amartya Sen's India at Risk (The New York Review of Books, April 1993) and Christophe Jaffrelot's The Hindu Nationalist Movement in India (Viking, New Delhi, 1996), the latest book published on the subject, or the well known Khaki Shorts and Saffron Flags (Orient Longman, New Delhi, 1993), which came out soon after the destruction of the Babri masjid. As a result, the fascist ideological background of Hindu fundamentalism is taken for granted, never proved by systematic analysis. This is an outcome that is, to a certain extent, explained by the fact that most of the above-mentioned authors are political scientists and not historians.

It is a fact that many of those who witnessed the growth of Hindu radical forces in the years around the second world war were already convinced of the Sangh's fascist outlook. Particularly acute was the perception that the Congress had of these organisations and their character. There is no need to mention the already well known opinion of Nehru, who, right from the beginning, had pointed at these organisations as communalist and fascist.

Less well known is the fact that, as shown by a confidential report circulated within the Congress most probably at the time of the first ban of the RSS, after Gandhi's assassination, the similarity between the character of the RSS and that of fascist organisations was already taken for granted. In fact, the report itself states that the RSS

...Started in Nagpur some sort of Hindu Boys Scout movement. Gradually it developed into a communal militarist organisation with violent tendencies.

The RSS has been purely Maharashtrian brahmin organisation. The non-brahmin Maharashtrians who constitute the bulk of C P and Maharashtra have no sympathy with it.

Even in the other provinces the chief organisers and whole-time workers will be found to be inevitably Maharashtrian brahmins.

Through the RSS the Maharashtrian brahmins have been dreaming of establishing in India 'a Peshwa Raj' after the withdrawal of Britishers. The RSS flag is the Bhagwa Flag of the Peshwas - Maharashtrian rulers [who] were the last to be conquered by the British - and after the termination of British rule in India, the Maharashtrians should be vested with political powers.

The RSS practises secret and violent methods which promote 'fascism'. No regard is paid to truthful means and constitutional methods.

There is no constitution of the organisation; its aims and objects have never been clearly defined. The general public is usually told that its aim is only physical training, but the real aims are not conveyed even to the rank and file of the RSS members. Only its 'inner circle' is taken into a confidence.

There are no records or proceedings of the RSS organisation, no membership registers are maintained. There are also no records of its income and the expenditure. The RSS is thus strictly secret as regards its organisation. It has consequently... (National Archives of India (NAI), Sardar Patel Correspondence, microfilm, reel no 3, 'A Note on the RSS', undated). Unfortunately the document stops abruptly here, but it contains enough evidence of the reputation the RSS already had by the late 1940s.

This document, however, is by no means exceptional. An accurate search of the primary sources produced by the organisations of Hindu nationalism, as well as by their opponents and by the police, is bound to show the extent and the importance of the connections between such organisations and Italian fascism. In fact the most important organisations of Hindu nationalism not only adopted fascist ideas in a conscious and deliberate way, but this happened also because of the existence of direct contacts between the representatives of the main Hindu organisations and fascist Italy.

To demonstrate this, I will reconstruct the context from which arose the interest of Hindu radicalism in Italian fascism right from the early 1920s. This interest was commonly shared in Maharashtra, and must have inspired B S Moonje's trip to Italy in 1931. The next step will be to examine the effects of that trip, namely how B S Moonje tried to transfer fascist models to Hindu society and to organise it militarily, according to fascist patterns. An additional aim of this paper is to show how, about the end of the 1930s, the admiration for the Italian regime was commonly shared by the different streams of Hindu nationalism and the main Hindu leaders.

Particular attention will be devoted to the attitude adopted by the main Hindu organisations during the second world war. During those crucial years, Hindu nationalism seemed to uneasily oscillate between a conciliatory attitude towards the British, and a sympathy for the dictators. This is in fact far from surprising because - as will be shown - in those years, militant Hindu organisations were preparing and arming themselves to fight the so-called internal enemies, rather than the British.

More generally, the aim of this paper is to disprove Christophe Jaffrelot's thesis that there is a sharp distinction between nazi and fascist ideology on one side and RSS on the other as far as the concept of race and the centrality of the leader are concerned.^2

I Hindu Nationalists and Italian Fascism

None of the works mentioned above, Jaffrelot's included, deals with what I consider a most important problem, namely, the existence of direct contacts between the representatives of the fascist regime, including Mussolini and Hindu nationalists. These contacts demonstrate that Hindu nationalism had much more than an abstract interest in the ideology and practice of fascism.

The interest of Indian Hindu nationalists in fascism and Mussolini must not be considered as dictated by an occasional curiosity, confined to a few individuals, rather, it should be considered as the culminating result of the attention that Hindu nationalists, especially in Maharashtra, focused on Italian dictatorship and its leader. To them, fascism appeared to be an example of conservative revolution. This concept was discussed at length by the Marathi press, right from the early phase of the Italian regime.

From 1924 to 1935 Kesari regularly published editorials and articles about Italy, fascism and Mussolini. What impressed the Marathi journalists was the socialist origin of fascism and the fact that the new regime seemed to have transformed Italy from a backward country to a first class power. Indians could not know, then, that, behind the demagogic rhetoric of the regime, there was very little substance.

Moreover, the Indian observers were convinced that fascism had restored order in a country previously upset by political tensions. In a series of editorials, Kesari described the passage from liberal government to dictatorship as a shift from anarchy to an orderly situation, where social struggles had no more reason to exist.^3 The Marathi newspaper gave considerable space to the political reforms carried out by Mussolini, in particular the substitution of the election of the members of parliament with their nomination (ibid, January 17, 1928) and the replacement of parliament itself with the Great Council of Fascism. Mussolini's idea was the opposite of that of democracy and it was expressed by the dictator's principle, according to which 'one man's government is more useful and more binding' for the nation than the democratic institutions (ibid, July 17, 1928).%4 Is all this not reminiscent of the principle of 'obedience to one leader' ('ek chalak anuvartitva') followed by the RSS?

Finally, a long article of August 13, 1929, 'Italy and the Young Generations', stated that the Italian young generation had succeeded the old one to lead the country. That had resulted in the 'fast ascent of Italy in every field'. The article went on to describe at length the organisation of the Italian society according to fascist models. The principal reasons of the discipline of the Italian youths were strong religious feelings, widespread among the population, attachment to the family, and the respect of traditional values: no divorce, no singles, no right to vote for women, whose only duty was to sit at home, by the fireplace. The article focused then on the fascist youth organisations, the Balilla and the Avanguardisti.

One may wonder how the Indian journalists could be so well informed about what was going on in Italy. Very possibly, among their sources there was a pamphlet in English, published by an Italian editor in 1928, entitled The Recent Laws for the Defence of the State (copy in NAI, Foreign and Political Department, 647G, 1927). Emphasised, right from the beginning, was the importance of the National Militia, defined as "the bodyguard of the revolution". The booklet continued with the description of the restrictive measures adopted by the regime: a ban on the "subversive parties", limitations to the press, expulsion of "disaffected persons" from public posts, and, finally, the death sentence.

Significantly, the shift from the liberal phase to fascism is described by the pamphlet in strikingly similar terms to those employed by the above-mentioned articles:

This step [the shift to fascism] has struck a death blow to the thread-bare theories of Italian liberalism, according to which the sovereign state must observe strict neutrality towards all political associations and parties. This theory explains why in Italy the ship of state was drifting before the wind, ready to sink in the vortex of social dissolution or to be wrecked on the rocks of financial disaster.

Another inspiring source of the literature published in Kesari must have been the work by D V Tahmankar, the correspondent of the Marathi newspaper from London and admirer of the Italian dictator. In 1927 Tahmankar published a book entitled Muslini ani Fashismo, (Mussolini and Fascism), a biography of the dictator, with several references to the organisation of the fascist state, to the fascist social system, to the fascist ideology, and to Italy's recent past. An entire chapter, the last, was devoted to description of fascist society and its institutions, especially the youth organisations.

One can easily come to the conclusion that, by the late 1920s, the fascist regime and Mussolini had considerable popularity in Maharashtra. The aspects of fascism which appealed most to Hindu nationalists were, of course, both the militarisation of society and what was seen as the real transformation of society, exemplified by the shift from chaos to order. The anti-democratic system was considered as a positive alternative to democracy which was seen as a typically British value.

Such literature made an implicit comparison between fascism and the Italian Risorgimento. The latter's influence on Indian nationalism, both moderate and radical, is well known.^5 However, whereas the Risorgimento appealed to both moderates and extremists, fascism appealed only to the radicals, who considered it as the continuation of the Risorgimento and a phase of the rational organisation of the state.

The first Hindu nationalist who came in contact with the fascist regime and its dictator was B S Moonje, a politician strictly related to the RSS. In fact, Moonje had been Hedgewar's mentor, the two men were related by an intimate friendship. Moonje's declared intention to strengthen the RSS and to extend it as a nationwide organisation is well known. Between February and March 1931, on his return from the round table conference, Moonje made a tour of Europe, which included a long stop-over in Italy. There he visited some important military schools and educational institutions. The highlight of the visit was the meeting with Mussolini. An interesting account of the trip and the meeting is given in Moonje's diary, and takes 13 pages (Nehru Memorial Museum and Library (NMML), Moonje papers, microfilm, m 1).^6

The Indian leader was in Rome during March 15 to 24, 1931. On March 19, in Rome, he visited, among others, the Military College, the Central Military School of Physical Education, the Fascist Academy of Physical Education, and, most important, the Balilla and Avanguardisti organisations. These two organisations, which he describes in more than two pages of his diary, were the keystone of the fascist system of indoctrination - rather than education - of the youths. Their structure is strikingly similar to that of the RSS. They recruited boys from the age of six, up to 18: the youths had to attend weekly meetings, where they practised physical exercises, received paramilitary training and performed drills and parades.

According to the literature promoted by the RSS and other Hindu fundamentalist organisations and parties, the structure of the RSS was the result of Hedgewar's vision and work. However Moonje played a crucial role in moulding the RSS along Italian (fascist) lines. The deep impression left on Moonje by the vision of the fascist organisation is confirmed by his diary:

The Balilla institutions and the conception of the whole organisation have appealed to me most, though there is still not discipline and organisation of high order. The whole idea is conceived by Mussolini for the military regeneration of Italy. Italians, by nature, appear ease-loving and non-martial like the Indians generally. They have cultivated, like Indians, the work of peace and neglected the cultivation of the art of war. Mussolini saw the essential weakness of his country and conceived the idea of the Balilla organisation...Nothing better could have been conceived for the military organisation of Italy...The idea of fascism vividly brings out the conception of unity amongst people...India and particularly Hindu India need some such institution for the military regeneration of the Hindus: so that the artificial distinction so much emphasised by the British of martial and non-martial classes amongst the Hindus may disappear. Our institution of Rashtriya Swayamsewak Sangh of Nagpur under Dr Hedgewar is of this kind, though quite independently conceived. I will spend the rest of my life in developing and extending this Institution of Dr Hedgewar all throughout the Maharashtra and other provinces.

He continues describing drills and uniforms:

I was charmed to see boys and girls well dressed in their naval and military uniforms undergoing simple exercises of physical training and forms of drill.

Definitely more meaningful is the report of the meeting with Mussolini. On the same day, March 19, 1931 at 3 pm, in Palazzo Venezia, the headquarters of the fascist government, he met the Italian dictator. The meeting is recorded in the diary on March 20, and it is worth reproducing the complete report.

...As soon as I was announced at the door, he got up and walked up to receive me. I shook hands with him saying that I am Dr Moonje. He knew everything about me and appeared to be closely following the events of the Indian struggle for freedom. He seemed to have great respect for Gandhi. He sat down in front of me on another chair in front of his table and was conversing with me for quite half an hour. He asked me about Gandhi and his movement and pointedly asked me a question "If the Round Table Conference will bring about peace between India and England". I said that if the British would honestly desire to give us equal status with other dominions of the Empire, we shall have no objection to remain peacefully and loyally within the Empire; otherwise the struggle will be renewed and continued. Britain will gain and be able to maintain her premier position amongst the European Nation (sic) if India is friendly and peaceful towards her and India cannot be so unless she is given Dominion Status on equal terms with other Dominions. Signor Mussolini appeared impressed by this remark of mine. Then he asked me if I have visited the University. I said I am interested in the military training of boys and have been visiting the Military Schools of England, France and Germany. I have now come to Italy for the same purpose and I am very grateful to say that the Foreign Office and the War Office have made good arrangements for my visiting these schools. I just saw this morning and afternoon the Balilla and the Fascist Organisations and I was much impressed. Italy needs them for her development and prosperity. I do not see anything objectionable though I have been frequently reading in the newspapers not very friendly criticisms about them and about your Excellency also. Signor Mussolini: What is your opinion about them? Dr Moonje: Your Excellency, I am much impressed. Every aspiring and growing Nation needs such organisations. India needs them most for her military regeneration. During the British Domination of the last 150 years Indians have been waved away from the military profession but India now desires to prepare herself for undertaking the responsibility for her own defence and I am working for it. I have already started an organisation of my own, conceived independently with similar objectives. I shall have no hesitation to raise my voice from the public platform both in India and England when occasion may arise in praise of your Balilla and Fascist organisations. I wish them good luck and every success. Signor Mussolini - who appeared very pleased - said - Thanks but yours is an uphill task. However I wish you every success in return. Saying this he got up and I also got up to take his leave.

The description of the Italian journey includes information regarding fascism, its history, the fascist 'revolution', etc, and continues for two more pages. One can wonder at the association between B S Moonje and the RSS, but if we think that Moonje had been Hedgewar' s mentor, the association will be much clearer.^7 The intimate friendship between Moonje and Hedgewar and the former's declared intention to strengthen the RSS and to extend it as a nationwide organisation prove a strict connection between Moonje and the RSS. Moreover, it makes sense to think that the entire circle of militant Hinduism must have been influenced by Moonje's Italian experience.

II Moonje’s Plans for Militarising Hindus

III Eve of Second World War

IV Savarkar and Nazism

V Waiting for the Right Enemy

VI Conclusions

Notes

[fatehbaz]

In 1913, a year before the Panama Canal was completed, the journalist Frederic J. Haskin wrote that “the conquest of the Isthmian barrier was the conquest of the mosquito.” This was a period when America [had] [...] by 1902 taken control of Cuba, Puerto Rico, the Philippines, and Guam. [...] The connection between mosquito control and the United States’ imperial conquest can be seen in the work of William C. Gorgas, the Alabama-born Army surgeon who led efforts to eradicate yellow fever and malaria-both mosquito-borne diseases-during the first US occupation of Cuba (1898-1902) and was subsequently appointed Chief Sanitary Officer of in Panama. [...] Gorgas claimed that he had “made sanitary discoveries that will enable man to return [...] and again live and develop in his natural home, the tropics.” [...] In particular, the dwellings erected for the Isthmian Canal Commission (ICC) conjoined the management of mosquitos with manipulating the interactions between people of different races and social classes. [...]

Gorgas arrived in Panama in 1904 [...]. Gorgas and others saw sanitation work as indistinguishable from the military occupation in Cuba and the success of the canal construction in Panama. [...] Spraying was largely carried out by mosquito brigades, which checked households for compliance [...]. But [...] these brigades also policed the activity of local residents. [...]

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There was much debate not only about who to enlist to build the canal, but also how to prevent organized resistance and revolt among them. 

As one official testified to the US congress in 1906, “there must be on the Isthmus a surplusage of labor. Otherwise, we will have interminable strikes.” [...] 

Furthermore, rather than one vulnerable workforce, Chief Engineer John Stevens believed that having several different nationalities and ethnicities would be easier to divide and create competition, compelling them to work harder.

In order to do this, the ICC created a segregated, dual payment system: the gold and silver rolls. [...] [W]hite workers from the US were mostly hired for skilled positions and received payment in gold. These “gold-roll” employees could spend leisure time in segregated clubs [...]. West Indians and Black workers from the United States were mostly assigned to the silver roll. [...]

[T]he gold- and silver-roll system constituted an apartheid society, a perverse reincarnation of the contemporary Jim Crow system that was in full effect at the time in the United States. [...]

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Although the ICC offered free housing to all its gold-roll employees, silver-roll employees paid rent. [...] As late as 1910, Galician workers on the silver roll were still living in boxcars ventilated only by a few small punched openings. [...] When West Indians requested basic amenities like blankets and shelter to keep their clothes from being soaked in the rain, the US government responded that they didn’t even need sheds. [...] For white workers [...] Type 13 [housing types] not only features a wraparound screened porch as a circulation space, but also a prominent band of empty space surrounding the enclosed bedrooms [...].

The distinctions associated with the categorical, systematic definition of different domestic architecture for different classes of people follows a history of typology in architecture and criminology that was closely associated with scientific racism, social Darwinism [...]. 

George W. Goethals, who took over as Chief Engineer of the project from Stevens in 1907, responded to requests for mosquito nets and screens for West Indians by repeating a common and racist misunderstanding: “It is generally admitted … [t]hat the colored people are immune.” Yet in 1912, “as many as two-thirds of all West Indians reported sick or required medical attention … [m]ost of them catching malaria several times [...].”

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Structured by prejudice, anti-mosquito architecture allowed malaria to continue spreading while reinforcing racial hierarchies. [...] US imperial concepts about the tropics as a place [...] “[...] divided the civilized, temperate North from the heat, humidity and backwardness of the tropics.” [...] While managing the laborers through their relationship to insects -- and each other -- this low-cost architecture was crucial in the broader effort to turn the Isthmus into an imperial outpost and render the landscape tropical.

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All text above by: Dante Furioso. “Sanitary Imperialism”. Sick Architecture (Series published by e-flux Architecture). May 2022. At: e-flux dot com slasharchitecture/sick-architecture/465599/sanitary-imperialism/ [Bold emphasis and some paragraph breaks/contractions added by me. Presented here for commentary, teaching, criticism purposes.]

[ausetkmt]

On July 30, 1866, black Republicans attempted to reconvene the Louisiana constitutional convention in an effort to secure voting rights. Held at the Mechanics’ Institute, a large crowd of black spectators was present as well. The gathering was attacked by an angry white mob that included police and firemen. [1] According to the Tribune, “black men were assassinated by scores. They fell inside of the hall, outside of the building, in the neighboring streets, and even in distant parts of the city, where they were tracked like dogs.” [2] Tribune editor Jean-Charles Houzeau witnessed the bloodbath and heard the assassins shout “To the Tribune!” He claimed the newspaper was saved by a detail of black soldiers. [3]

Louisiana was clearly incapable of reconstructing itself. The horror in New Orleans became an enormous national news story, tipping the fall congressional elections heavily in favor of Radical Republicans and significantly damaging President Johnson’s policies of accommodation with ex-Confederates. The new Republican controlled Congress wasted no time in passing four aggressive Reconstruction Acts. Louisiana was to be treated like a conquered enemy, and for the state to be readmitted to the Union, it had to create a new state constitution with strong equal rights provisions.

In late 1867 and early 1868, the constitutional convention in Louisiana drafted and enacted the most sweeping and radical state constitution in the American South. This historic body was composed of an almost equal number of black and white delegates. Many of the Tribune platforms were realized in the new charter, including black men’s right vote. The new state legislature included many black representatives. They would go on to enact the most far reaching and progressive legislation in the American South, including, unique to the entire south, an integrated public school system that was in place in New Orleans from 1872 to 1877. [4]

Harper’s Weekly devoted an entire issue to the massacre, including the grim full page graphic illustration “Timely Warning to Union Men. The New Orleans Convention or Massacre,” which appeared on September 8, 1866.

Official Website

This tour is based on Mark Charles Roudané’s most recent book “The New Orleans Tribune: An Introduction to America’s First Black Daily Newspaper.” To learn more about Roudané’s work, visit his official website and Facebook page.

Cite this Page

Mark Charles Roudané, “Mechanics' Institute Massacre,” New Orleans Historical, accessed July 31, 2024, https://neworleanshistorical.org/items/show/1541.

Related Sources

[1] James G. Hollandsworth Jr. An Absolute Massacre: The New Orleans Race Riot of July 30, 1866. (Baton Rouge: Louisiana State University Press, 2001).

[2] Tribune. July 30, 1867.

[3] Jean-Charles Houzeau. My Passage at the New Orleans Tribune: A Memoir of the Civil War Era, ed. David C. Rankin. Baton Rouge: Louisiana State University Press, 1984), 159.

See also: Mark Charles Roudané, The New Orleans Tribune, an Introduction to America’s First Black Daily Newspaper (Saint Paul: Roudanez History and Legacy, 2018).

[masterofd1saster]

CJ current events 19sep24 - part II b/c tumblr stinks

Leopards don't change their spots

Colorado State Patrol Cpl. Tye Simcox was parked in the median of U.S. 36 and doing paperwork on Sept. 7. Victor Anthony De Santiago, 32, drove up and started shooting at him for no apparent reason. Cpl Simcox was wounded, but managed to return fire with a rifle. Cpl Simcox was hospitalized, but De Santiago died at the scene.

De Santiago, a Thornton resident with an extensive criminal history in Colorado and California, had previous gang ties, Packard said. None of those ties were to international gangs, he added. Packard declined to name the gang De Santiago was linked to and added it was not clear whether he was part of a gang at the time of the shooting.***

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Routh complaint

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Excellent Constitution essay by Yuval Levin

***The judge who administered the oath delivered a brief speech to us. I was a patriotic history buff by that point, and when he began to speak I assumed he might quote George Washington or talk about equality or liberty. But he didn’t do any of that. He told us that from that day on, we needed to think and speak about America “in the first-person plural.” I’m sure I wasn’t the only new citizen there who didn’t know what he meant, and was glad it wasn’t on the English test we had just had to pass. But he explained: We needed to use words like we and us, not them and their, when we talked about the United States.*** Or at least it can. Our politics doesn’t do this nearly well enough today, in no small part because we have lost sight of this purpose of our system. When we express frustration with our Constitution now, it is too often for failing to empower narrow majorities, rather than for failing to broaden them. We are aggravated that we have to live with cultural and political rivals, even when we beat them on Election Day. This leads some contemporary critics of the Constitution to insist that our differences should just be resolved by simple majority votes, and to dismiss our system’s complex arrangement of powers as undemocratic. They want to make American government less dependent on bargaining and negotiation, and more responsive to narrow, momentary majorities. They want to make Congress more like a European parliament, to consolidate more power in the presidency, and even to make the courts more amenable to public pressure.  This kind of critique presents itself as an argument for democracy, but it advances the most simple-minded imaginable conception of the term—a conception that downplays the fact, unavoidable to anyone who considers our history or that of any other democracy, that majority power can endanger minority rights. Our Constitution makes possible a democracy that takes account of that fact, and so can empower majorities while protecting minorities through the very institutions that require us to act together even when we don’t think alike. ***

***

P Diddy be Jail Daddy

NEW YORK -- Sean “Diddy” Combs has been arrested by federal authorities in New York after a grand jury indictment, which prosecutors plan to ask a judge to unseal. The major move comes 10 months after allegations of sexual and other abuse against the music mogul, and an announcement from prosecutors that he was being investigated for sex trafficking. Here is a look at the key events that have unfolded since late last year.***

***

Press & flamers

In March 2023 I interviewed a strange man named Ryan Routh. We had been introduced by a source inside Ukraine’s foreign legion, a military unit composed of foreign volunteers from more than fifty countries all over the world.*** In the day since his arrest, much has come out about Ryan Routh. He had a long criminal record, for starters. “Records show Routh’s issues with the law go back to the 1990s and include lesser charges of writing bad checks. But in 2002 he was charged with possession of a weapon of mass destruction, a felony, according to North Carolina Department of Corrections records,” according to CBS reporting. “In another incident, he was charged with misdemeanors, including a hit-and-run offense, resisting arrest, and a concealed weapons violation.” I am sure in the coming days we’ll learn even more.  But I didn’t know any of this last year when I sat down to interview Routh for Semafor, where I worked at the time. Nor, apparently, did any of the other outlets who took Ryan Routh seriously.*** Routh wasn’t just fighting for Ukraine—he was part of a larger narrative of good versus evil.  Perhaps that’s why I and so many others overlooked everything that was so obviously off about him: his unhinged rants—see here and here—his eccentric looks, and his impatience with anyone who got in his way. When The New York Times interviewed Routh in 2023, he apparently shared a message with the reporter: “he needs to be shot,” Routh said of an American foreign fighter who appeared to talk down to him in a Facebook exchange. Over the past day I’ve been thinking a lot about what else—who else—gets the same kind of pass. *** The story of Ryan Routh is a cautionary tale. Our increasing willingness to tolerate madness in the service of the causes with which we might agree risks obscuring the simple fact that the “right” kind of crazy is still exactly that: crazy. 

***

Can't imagine why they wouldn't be paragons of virtue

***

Fair question

Why Is This Transgender-Care Whistleblower Still Being Prosecuted?  In June, Dr. Eithan Haim—a surgeon who had blown the whistle on how his hospital was secretly facilitating medicalized gender transitions for minors—was indicted on four federal felony counts of HIPAA violations, alleging that he obtained personal information “under false pretenses” and with “intent to cause malicious harm to Texas Children’s Hospital.” If convicted, Haim faces up to ten years’ imprisonment or a $250,000 fine. At the time, Mark Lytle, Haim’s lawyer, noted the unusual nature of the charges and told The Free Press’s Emily Yoffe that the indictment seemed politically motivated.  Central to the DOJ’s case was a claim that Haim had no reason to access TCH’s records after finishing his surgical residency there in January 2021. But on Friday, the government shared information with Haim’s attorneys that appears to undermine that argument, according to The Daily Wire.  TCH records shared with Haim’s defense team show that the doctor entered or was listed on progress notes for both pediatric and adult patients on at least nine occasions between January 20, 2021, and April 14, 2023—right before he blew the whistle. Haim’s lawyers say this disclosure has “blown apart” the government’s “entire premise” that Dr. Haim “was an interloper, falsely claiming responsibility for TCH patients to hide some nefarious and malicious reason for accessing TCH records.”  On Monday, Haim’s lawyers filed a motion requesting more time to prepare for trial, which is currently scheduled for October 21, arguing that “Dr. Haim has been denied crucial exculpatory evidence necessary for the preparation of his defense.” To us, the question is: Why is this prosecution happening at all?  When Emily first reported on Haim’s case for The Free Press, she asked him whether he regretted blowing the whistle now that he faced federal prosecutions. Haim, who is expecting his first child with his wife this fall, replied: “If we don’t fight back, what world are we delivering our children into?”

***

from r/trashy -

***

Road to hell is paved with

Neighbors saw a chance to help when 12-year-old Danny Doherty opened a charity ice cream stand outside his home in Norwood, Massachusetts. Local health officials saw a threat. As soon as they learned about the unauthorized scoops of vanilla, shaved chocolate, and New England fluffernutter, they rushed to shut down the operation. Danny received a cease-and-desist letter on Aug. 5, 2024. By this point, he had raised $124 and committed half the proceeds to the Boston Bears, a special education hockey club for children. Danny’s older brother, who is autistic, has played on the team for 10 years, and the family wanted to show its gratitude. But town officials could not allow the goodwill to continue. The problem? Danny lacked the required permits, licenses, and certificates for a food establishment.  If he had questions about these requirements, he could have started with a 31-page rulebook from the Norwood Public Health Department. Then, he could have reviewed business and zoning laws, filled out forms, paid fees, and purchased insurance. Yet so much red tape is overkill for an operation involving one folding table and two chairs. Most young entrepreneurs skip these steps. They mow lawns, wash cars, and babysit children without registering as business owners. Code enforcers generally look the other way. But they can be sticklers for rules when a venture involves food. Police have shut down lemonade stands run by children in California, Colorado, Georgia, Iowa, Texas, and elsewhere. Officers in East Hampton, New York, shut down a lemonade stand run by comedian Jerry Seinfeld’s son.***

If you walk into a McD's or a Pizza Hut, you're basically promised some level of sanitation, right? Do you really think there's any promise at a lemonade stand?

***

Prove dad's wrong

Father of Boulder King Soopers shooter thought he could be possessed by an evil spirit The father of a mentally ill man who killed 10 people at a King Soopers grocery story in Boulder testified Tuesday at his murder trial that he thought his son may have been possessed by an evil spirit before the attack.

***

[todaysdocument]

“Establishment of the American Army,” in which Congress set out details regarding the Army’s structure, organization, and other details. May 27, 1778. 

Record Group 360: Records of the Continental and Confederation Congresses and the Constitutional Convention

Series: Papers of the Continental Congress

File Unit: Reports of the Board of War and Ordnance

Transcription: 

339

IN CONGRESS, May 27, 1778.

ESTABLISHMENT OF THE AMERICAN ARMY.

I. I N F A N T R Y.

Resolved, That each batallion of infantry shall consist of nine companies, one of which shall be of light infantry; the light infantry to be kept compleat by drafts from the batallion, and organized during the campaign into corps of light infantry:

That the batallion of infantry consist of

    Pay per month.

[bracket] Commissioned

I Colonel and Captain   75    dollars.

I Lieutenant Colonel and Captain,       60

I Major and Captain,   -    50

6 Captains,   each       40

I Captain Lieutenant   -    26    2-3ds.

8 Lieutenants,   each       26    2-3ds.

9 Ensigns,   each       20

Paymaster,

Adjutant,                       } to be taken from the line { 20 doll. } In addition to their pay as officers in the line.

Quart. [Quarter] Master,   }      { 13     }

               }     { 13     }

I Surgeon,   -       60 dollars.

I Surgeon's Mate,   -       40

I Serjeant Major,   -       10

I Quartermaster Serjeant,   -       10

27 Serjeants,   each,       10

I Drum Major,   -   -         9

1 Fife Major,   -    -         9

18 Drums and Fifes,   each,         7 1-3d.

27 Corporals,   each,         7 1-3d.

477 Privates   each,         6 2-3ds.

Each of the field officers to command a company.

The Lieutenant of the Colonel's company to have the rank of Captain Lieutenant.     

[Math in the margins]   

553

3

----

1659

533

3

----

1599 [/Math in the margins]

II. A R T I L L ERY

That a batallion of artillery consist of

    Pay per month.

[bracket] Commissioned

I Colonel,   -    -   100 dollars.

I Lieutenant Colonel,   -   75

I Major,   -   -    62 1-half

12 Captains,   each   50

12 Captain Lieutenants,    each   33 1-3d.

12 First Lieutenants,   each   33 1-3d.

36 Second Lieutenants,    each   33 1-3d.

Paymaster,

Adjutant,                       } to be taken from the line { 25 doll. } In addition to their pay as officers in the line.

Quart. [Quarter] Master,   }      { 16     }

               }     { 16     }

I Surgeon,   -       75 dollars.

I Surgeon's Mate,   -       50

I Serjeant Major,   -       11 23-90ths.

I Quartermaster Serjeant,   -       11 23-90ths.

I Fife Major,   -    -       10 38-90ths.

I Drum Major,   _    _       10 38-90ths.

72 Serjeants,   each       10

72 Bombardiers,    each         9

72 Corporals,   each         8 2-3ds.

72 Gunners,   each         8 2-3ds.

336 Matrosses   each         8 1-3d.

III. C A V A L R Y.

That a batallion of cavalry consist of

Pay per month.

Dollars.

 [bracket] Commissioned

I Colonel,   -    -   93 3-4ths.

I Lieutenant Colonel,   -   75

I Major,   -   -    60

6 Captains,   each   50

12 Lieutenants    ,   each   33 1-3d.

6 Cornets,   each   26 2-3ds.

1 Riding Master,    -   -    33 1-3d.

Paymaster,

Adjutant,                       } to be taken from the line { 25 doll. } In addition to their pay as officers in the line.

Quart. [Quarter] Master,   }      { 15     }

               }     { 15     }

I Surgeon,    -   -   60 dollars.

I Surgeon's Mate,    -   -    40

I Sadler,    -     -   10

1 Trumpet Major,   -    -    11

6 Farriers,   each   10

6 Quarter Master Serjeants   each   15

6 Trumpeters,   each   10

12 Serjeants   each   15

30 Corporals,   each   10

324 Dragoons,   each     8 1-3d.

IV. P R O V O S T

RESOLVED, That a Provost be established, to consist of

    Pay per month.

I Captain of Provosts   -       50 dollars.

4 Lieutenants,   each       33 1-3d.

I Clerk,   -    -       33

I Quartermaster Serjeant,    -       15

2 Trumpeters,   each       10

2 Serjeants,   each       15

5 Corporals,   each       10

43 Provosts or Privates, each         8 I-3d.

4 Executioners,   each       10

This corps to be mounted on horse-back, and armed and accoutred as light dragoons.

RESOLVED, That in the E N G I N E E R I N G department three companies be established, each to consist of

    Pay per month

I Captain,       50 dollars.

3 Lieutenants,   each       33 I-3d.

4 Serjeants,   each       10

4 Corporals,   each         9

60 Privates,   each         8 I-3d.

These companies to be instructed in the fabrication of fieldworks, as far as relates to the manual and mechanical part. Their business shall be to instruct the fatigue parties to do their duty with clarity and exactness: To repair injuries done to the works by the enemy's fire, and to prosecute works in the face of it. Commissioned officers to be skilled in the necessary branches of the mathematics: The non-commissioned officers to write a good hand.

RESOLVED, That the adjutant and quartermaster of a regiment be nominated by the field officers out of the subalterns, and presented to the commander in chief or the Commander in a separate department for approbation; and that being approved of, they shall receive him a warrant agreeable to such nomination.

That the Paymaster of a regiment be chosen by the officers of the regiment out of the Captains or Subalterns, and appointed by warrant as above: the officers are to risque their pay in his hands: the Paymasters to have the charge of the cloathing, and to distribute the same.

RESOLVED, That the brigade major be appointed a heretofore by the commander in chief, or commander in a separate department, out of the captains in the brigade to which he shall be appointed.

That the brigade quartermaster be appointed by the quartermaster general, out of the captains or subalterns in the brigade to which he shall be appointed.

RESOLVED, That two aids-de-camp be allowed to each major general, who shall for the future appoint them out of the captains or subalterns.

REOLVED, That in addition to their pay as officers in the line there be allowed to

    An Aid-de-Camp,   24 dollars per month.

    Brigade Major,   24

    Brigade Quartermaster,    15

RESOLVED, That when any of the staff officers appointed from the line are promoted above the ranks in the line out which they are respectively appointable, their staff appointments shall thereupon be vacated.

The present aids-de-camp and brigade majors to receive their present pay and rations.

RESOLVED, That aids-de-camp, brigade majors, and brigade quartermasters, heretofore appointed from the line, shall hold their present ranks and be admissible into the line again in the same rank they held when from the line; provided that no aid, brigade major, or quartermaster, shall have the command of any officers who commanded him while in the line.

RESOLVED, That whenever the adjutant general shall be appointed from the line, he may continue to hold his rank and commission in the line.

RESOLVED, That when the supernumerary lieutenants are continued under this arrangement of the batallions, who are to do the duty of ensigns, they shall be intitled to hold their rank and to receive the pay such rank intitled them to receive.

RESOLVED, That no more colonels be appointed in the infantry; but where any such commission is or shall become vacant, the batallion shall be commanded by a lieutenant colonel, who shall be allowed the same pay as is now granted to a colonel of infantry, and shall rise in promotion from that to the rank of brigadier: and such batallion shall have only two field officers, viz. a lieutenant colonel and major, but it shall have an additional captain.

M A Y 29, 1778.

RESOLVED, That no persons hereafter appointed upon the civil staff of the army shall hold or be intitled to any rank in the army by virtue of such staff appointment.

[page 2]

JUNE 2, 1778

RESOLVED, That the officers herein after mentioned be intitled [sic] to draw one ration a day, and no more; that where they shall not draw such ration, they shall not be allowed any compensation in lieu thereof.

AND to the end that they may be enabled to live in a manner becoming their stations.

RESOLVED, That the following sums be paid to them monthly for their subsistence, viz.

To every Colonel, 50 dollars per month.

To every Lieutenant Colonel, 40

To every Major, 30

To every Captain, 20

To every Lieutenant and Ensign, 10

To every Regimental Surgeon, 30

To every Regimental Surgeon's Mate, 10

To every Chaplain of a brigade, 50

RESOLVED, That subsistence money be allowed to officers and others on the staff in lieu of extra rations, and henceforward none of them be allowed to draw more than one ration a day.

ORDERED, That the committee of arrangement be directed to report to Congress as soon as possible such an allowance as they shall think adequate to the station of the respective officers and persons employed on the staff.

NOVEMBER 24, 1778

CONGRESS took into consideration the report of the committee of arrangement, and thereupon came to the following resolutions:

WHEREAS the settlement of rank in the army of the United States has been attended with much difficulty and delay, inasmuch as no general principles have been adopted and uniformly pursued;

RESOLVED, therefore, That upon and dispute of rank the following rules shall be hereafter observed;

1. For determining rank in the continental line between all colonels and inferior officer of different States, between like officers of infantry and those of horse and artillery appointed under the authority of Congress, by virtue of a resolve of the 16th of September, 1776, or by virtue of any subsequent resolution prior to the 1st of January, 1777, all such officers shall be deemed to have their commissions dated on the day last mentioned, and their relative rank with respect to each other in the continental line of the army shall be determined by their rank prior to the 16th day of September, 1776.  This rule shall not be considered to affect the rank of the line within any State, or within the corps of artillery, horse, or among the sixteen additional batallions [sic], where the rank hath been settled; but shall be the rule to determine the relative rank within the particular line of artillery so far as the rank remains unsettled.

2. In the second instance preference shall be given to commissions in the new levies and flying camp.

3. In determining rank between continental officers in other respects equal, proper respect shall be had to their commissions in the militia, where they have served in the continental army for the space of one month.

4. All colonels and inferior officers appointed to vacancies since the 5th day of January, 1777, shall take rank from the right of succession to such vacancies.

5. In all cases where the rank between the officers of different States is equal, between an officer of State-troops and one of cavalry, artillery, or of the additional batallions [sic] the precedence is to be determined by long.

6. All officers who have been prisoners with the enemy being appointed by their State, and again enter into the service, shall do it agreeably to the above rule; that is to say, all of the rank of captains, and under, shall enter into the same regiment to which they formerly belonged, and if such regiment is dissolved or otherwise reduced, they shall be intitled [sic] to the first vacancy in any regiment of the State in their proper rank, after the officers belonging to such regiments have been provided for.

7. The rules of rank above laid down between officers of different States are to govern between officers of the same State, except in cases where the State may have laid down a different rule, or already settled their rank.

8. A resignation shall preclude any claim of benefit from former rank under a new appointment.

WHEREAS from the alteration of the establishment, and other causes, many valuable officers have been and may be omitted in the new arrangement as being supernumerary, who from their conduct and services are entitled to the honourable [sic] notice of Congress, and to a suitable provision until they can return to civil life with advantage;

RESOLVED, therefore, That Congress gratefully acknowledge the faithful services of such officers, and that all supernumerary officers be entitled to one year's pay of their commissions respectively, to be computed from the time such officers had leave of absence from the commander in chief on this account: And Congress do earnestly recommend to the several States to which such officers belong, to make such farther [sic] provision for them as their respective circumstances and merits entitle them to.

WHEREAS it will be for the benefit of the service that some rule for promotions be established; therefore

RESOLVED, That it be recommended to the several States to provide that in all future promotions, officers rise regimentally to the rank of captain, and thence in the line of the State to the rank of colonel, except in cases where a preference may be given on account of distinguished merit.

RESOLVED, That all officers who have been in the service, and having been prisoners with the enemy, now are, or hereafter may be exchanged, or otherwise related, shall, if appointed by authority of the State, be entitled in cases of vacancy to enter into the service of their respective State, in such rank as they would have had if they had never been captures; provided always, that every such officer do within one month after his exchange or release, signify to the authority of the State to which he belongs, his release and his desire to enter again into the military service.

RESOLVED, That every officer so released, and giving notice as aforesaid, shall until entry into actual service be allowed half pay of the commission to which by the foregoing resolve he stand entitled; provided always, that in case of his receiving any civil office of profit, such half pay shall thenceforth cease.

RESOLVED, That no brevets be for the future granted, except to officers in the line, or in case of very eminent services.

[reasoningdaily]

Snippet of a New York Times article from 1910 describes founding of Mound Bayou, a town founded on the wealth of a steamboat patent. SundayMagazine.org 

America has long been the land of innovation. More than 13,000 years ago, the Clovis people created what many call the “ first American invention” – a stone tool used primarily to hunt large game. This spirit of American creativity has persisted through the millennia, through the first American patent granted in 1641 and on to today.

One group of prolific innovators, however, has been largely ignored by history: Black inventors born or forced into American slavery. Though U.S. patent law was created with color-blind language to foster innovation, the patent system consistently excluded these inventors from recognition.

 A New York Times article from 1910 describes founding of Mound Bayou, a town founded on the wealth of a steamboat patent. SundayMagazine.org 

As a law professor and a licensed patent attorney, I understand both the importance of protecting inventions and the negative impact of being unable to use the law to do so. But despite patents being largely out of reach to them throughout early U.S. history, both slaves and free African-Americans did invent and innovate.

Why Patents Matter

In many countries around the world, innovation is fostered through a patent system. Patents give inventors a monopoly over their invention for a limited time period, allowing them, if they wish, to make money through things like sales and licensing.

The patent system has long been the heart of America’s innovation policy. As a way to recoup costs, patents provide strong incentives for inventors, who can spend millions of dollars and a significant amount of time developing a invention.

Patent Office relief on the Herbert C. Hoover Building. Neutrality 

The history of patents in America is older than the U.S. Constitution, with several colonies granting patents years before the Constitution was created. In 1787, however, members of the Constitutional Convention opened the patent process up to people nationwide by drafting what has come to be known as the Patent and Copyright Clause of the Constitution. It allows Congress:

This language gives inventors exclusive rights to their inventions. It forms the foundation for today’s nationwide, federal patent system, which no longer allows states to grant patents.

Though the language itself was race-neutral, like many of the rights set forth in the Constitution, the patent system didn’t apply for Black Americans born into slavery. Slaves were not considered American citizens and laws at the time prevented them from applying for or holding property, including patents. In 1857, the U.S. commissioner of patents officially ruled that slave inventions couldn’t be patented.

Slaves’ Inventions Exploited by Owners

During the 17th and 18th centuries, America was experiencing rapid economic growth. Black inventors were major contributors during this era – even though most did not obtain any of the benefits associated with their inventions since they could not receive patent protection.

Slave owners often took credit for their slaves’ inventions. In one well-documented case, a Black inventor named Ned invented an effective, innovative cotton scraper. His slave master, Oscar Stewart, attempted to patent the invention. Because Stewart was not the actual inventor, and because the actual inventor was born into slavery, the application was rejected.

Stewart ultimately began selling the cotton scraper without the benefit of patent protection and made a significant amount of money doing so. In his advertisements, he openly touted that the product was “the invention of a Negro slave – thus giving the lie to the abolition cry that slavery dwarfs the mind of the Negro. When did a free Negro ever invent anything?”

Reaping Benefits of Own Inventions

The answer to this question is that Black people – both free and enslaved – invented many things during that time period.

One such innovator was Henry Boyd, who was born into slavery in Kentucky in 1802. After purchasing his own freedom in 1826, Boyd invented a corded bed created with wooden rails connected to the headboard and footboard.

The “Boyd Bedstead” was so popular that historian Carter G. Woodson profiled his success in the iconic book “The Mis-education of the Negro,” noting that Boyd’s business ultimately employed 25 white and Black employees.

Though Boyd had recently purchased his freedom and should have been allowed a patent for his invention, the racist realities of the time apparently led him to believe that he wouldn’t be able to patent his invention. He ultimately decided to partner with a white craftsman, allowing his partner to apply for and receive a patent for the bed.

Some Black inventors achieved financial success but no patent protection, direct or indirect. Benjamin Montgomery, who was born into slavery in 1819, invented a steamboat propeller designed for shallow waters in the 1850s. This invention was of particular value because, during that time, steamboats delivered food and other necessities through often-shallow waterways connecting settlements. If the boats got stuck, life-sustaining supplies would be delayed for days or weeks.

Montgomery tried to apply for a patent. The application was rejected due to his status as a slave. Montgomery’s owners tried to take credit for the propeller invention and patent it themselves, but the patent office also rejected their application because they were not the true inventors.

Even without patent protection, Montgomery amassed significant wealth and become one of the wealthiest planters in Mississippi after the Civil War ended. Eventually his son, Isaiah, was able to purchase more than 800 acres of land and found the town of Mound Bayou, Mississippi after his father’s death.

A Legacy of Black Innovators

The patent system was ostensibly open to free  Black people. From Thomas Jennings, the first Black patent holder, who invented dry cleaning in 1821, to Norbert Rillieux, a free man who invented a revolutionary sugar-refining process in the 1840s, to Elijah McCoy, who obtained 57 patents over his lifetime, those with access to the patent system invented items that still touch the lives of people today.

This legacy extends through the 21st century. Lonnie Johnson generated more than US$1 billion in sales with his Super Soaker water gun invention, which has consistently been among the world’s top 20 best-selling toys each year since 1991. Johnson now owns more than 80 patents and has since developed different green technologies.

Bishop Curry V, a 10-year-old Black inventor from Texas, has already applied for a patent for his invention, which he says will stop accidental deaths of children in hot cars.

Black women are also furthering the legacy of Black inventors. Lisa Ascolese, known as “The Inventress,” has received multiple patents and founded the Association for Women Inventors and Entrepreneurs. Janet Emerson Bashen became the first Black woman to receive a patent for a software invention in 2006. And Dr. Hadiyah Green recently won a $1 million grant related to an invention that may help treat cancer.

True to the legacy of American innovation, today’s Black inventors are following in the footsteps of those who came before them. Now patent law doesn’t actively exclude them from protecting their inventions – and fully contributing to American progress.

 Shontavia Johnson is the Associate Vice President for Academic Partnerships and Innovation at Clemson University.

[theworstfoundingfathers]

Who is the worst founding father- bonus third place round! James Monroe vs Henry Clay

Bonus round to determine third place!

James Monroe (April 28, 1758 – July 4, 1831) was an American statesman, lawyer, and diplomat who served as the fifth president of the United States from 1817 to 1825. He is perhaps best known for issuing the Monroe Doctrine, a policy of opposing European colonialism in the Americas while effectively asserting U.S. dominance, empire, and hegemony in the hemisphere. He also served as governor of Virginia, a member of the United States Senate, U.S. ambassador to France and Britain, the seventh Secretary of State, and the eighth Secretary of War.

As president, Monroe signed the Missouri Compromise, which admitted Missouri as a slave state and banned slavery from territories north of the 36°30′ parallel. 

Monroe sold his small Virginia plantation in 1783 to enter law and politics. He owned multiple properties over the course of his lifetime, but his plantations were never profitable. Although he owned much more land and many more slaves, and speculated in property, he was rarely on site to oversee the operations. Overseers treated the slaves harshly to force production, but the plantations barely broke even. Monroe incurred debts by his lavish and expensive lifestyle and often sold property (including slaves) to pay them off. 

Two years into his presidency, Monroe faced an economic crisis known as the Panic of 1819, the first major depression to hit the country since the ratification of the Constitution. The severity of the economic downturn in the U.S. was compounded by excessive speculation in public lands, fueled by the unrestrained issue of paper money from banks and business concerns.

Before the onset of the Panic of 1819, business leaders had called on Congress to increase tariff rates to address the negative balance of trade and help struggling industries. Monroe declined to call a special session of Congress to address the economy. When Congress finally reconvened in December 1819, Monroe requested an increase in the tariff but declined to recommend specific rates. Congress would not raise tariff rates until the passage of the Tariff of 1824. The panic resulted in high unemployment and an increase in bankruptcies and foreclosures, and provoked popular resentment against banking and business enterprises.

The collapse of the Federalists left Monroe with no organized opposition at the end of his first term, and he ran for reelection unopposed. A single elector from New Hampshire, William Plumer, cast a vote for John Quincy Adams, preventing a unanimous vote in the Electoral College. He did so because he thought Monroe was incompetent. 

---

Henry Clay Sr. (April 12, 1777 – June 29, 1852) was an American attorney and statesman who represented Kentucky in both the U.S. Senate and House of Representatives. He was the seventh House speaker as well as the ninth secretary of state. He unsuccessfully ran for president in the 1824, 1832, and 1844 elections. He helped found both the National Republican Party and the Whig Party. For his role in defusing sectional crises, he earned the appellation of the “Great Compromiser” and was part of the “Great Triumvirate” of Congressmen, alongside fellow Whig Daniel Webster and John C. Calhoun.

[Clay and his family] initially lived in Lexington, but in 1804 they began building a plantation outside of Lexington known as Ashland. The Ashland estate eventually encompassed over 500 acres (200 ha), with numerous outbuildings such as a smokehouse, a greenhouse, and several barns. Enslaved there were 122 during Clay’s lifetime with about 50 needed for farming and the household. 

In early 1819, a dispute erupted over the proposed statehood of Missouri after New York Congressman James Tallmadge introduced a legislative amendment that would provide for the gradual emancipation of Missouri’s slaves. Though Clay had previously called for gradual emancipation in Kentucky, he sided with the Southerners in voting down Tallmadge’s amendment. Clay instead supported Senator Jesse B. Thomas’s compromise proposal in which Missouri would be admitted as a slave state, Maine would be admitted as a free state, and slavery would be forbidden in the territories north of 36° 30’ parallel. Clay helped assemble a coalition that passed the Missouri Compromise, as Thomas’s proposal became known. Further controversy ensued when Missouri’s constitution banned free blacks from entering the state, but Clay was able to engineer another compromise that allowed Missouri to join as a state in August 1821.

[dreaminginthedeepsouth]

Mike Luckovich, Atlanta Journal Constitution

* * * *

LETTERS FROM AN AMERICAN

March 1, 2023

Heather Cox Richardson

Drugmaker Eli Lilly announced today that it will cap the cost of insulin at $35 a month, bringing costs for people with private insurance and those without insurance who sign up for Lilly’s copay assistance program into line with the $35 cap for Medicare recipients Congress imposed with the Inflation Reduction Act last August. Republicans all voted against the Inflation Reduction Act and explicitly stripped from it a measure that would have capped the cost of insulin at $35 for those not on Medicare. They continue to oppose the measure. On February 2, 2023, newly elected House Republican Andy Ogles (TN) introduced his first bill: a call to repeal the Inflation Reduction Act, claiming it “took a gigantic step toward socialized medicine.” The bill had 20 far-right cosponsors. At the time he introduced the bill, Ogles presented himself as an economist with a degree in international relations from Middle Tennessee State University. Since then, an investigation by NewsChannel 5 in Nashville revealed that he took one course in economics and got a “C” in it, and that his resume was similarly exaggerated across the board. Ogles won a seat in Congress after the Republican state legislature redistricted Nashville to make it easier for a Republican to win there. Lilly’s announcement in the face of Republican support for big pharmaceutical companies is a bellwether for the country’s politics. Biden has pressured companies to bring down the price of insulin—most notably by calling for such legislation last month during his State of the Union address—and is claiming credit for Lilly’s decision. But there is more to it. The astronomically high price tags on U.S. insulin compared to the rest of the world have become a symbol of a society where profits trump lives, and there is growing opposition to the control pharmaceutical companies have over life-saving drugs. A number of other entities, including a nonprofit company in Utah called Civica Rx, the state of California, and a company run by billionaire Mark Cuban, have all promised to produce generic insulin at a fraction of what pharmaceutical companies are currently charging. Lilly's announcement is likely a reaction to the changing moment that has brought both political pressure and economic competition. The company’s leaders see the writing on the wall. The administration continues to work to create positive change in other measures important to ordinary Americans. This month ends temporary increases in the Supplemental Nutrition Assistance Program, or SNAP, previously referred to as “food stamps.” At the start of the coronavirus pandemic, Congress boosted SNAP payments, keeping as many as 4.2 million people out of poverty. Congress ended those extra benefits late last year through the Consolidated Appropriations Act that funded the government. About 42 million Americans receive SNAP benefits, and the end of that boost will cut those benefits by $90 a month on average. Secretary of Agriculture Tom Vilsack wrote an op-ed at CNN today, promising that the U.S. Department of Agriculture, which administers SNAP, will do its best to protect families losing the expanded benefits. It will work to adjust benefits to rising prices, expand school lunch programs, and promote access to the Women, Infants, and Children (WIC) program. “Our country was founded to support the prosperity and potential of Americans in every corner of the nation,” Vilsack wrote. “Under President Joe Biden’s administration, we’re making good on this promise.” Yesterday the Senate Judiciary Committee held a hearing about the ratification of the Equal Rights Amendment prohibiting discrimination on the basis of sex. Congress passed the amendment in 1972 and sent it off to the states for ratification, but they imposed on that ratification a seven-year deadline. Thirty states ratified it within the next year, but a fierce opposition campaign led by right-wing activist Phyllis Schlafly eroded support among Republicans, and although Congress extended the deadline by three years, only 35 states had signed on by 1977. And, confusing matters, legislatures in five states—Idaho, Kentucky, Nebraska, South Dakota, and Tennessee—voted to take back their earlier ratification. In 2017, Nevada became the first state to ratify the ERA since 1977. Then Illinois stepped up, and finally, in 2020, Virginia became the 38th state to ratify the amendment, putting it over the required three quarters of states needed for the amendment to become part of the Constitution. But now there are legal challenges to that ratification over both the original deadline and whether the states’ rescinding of previous ratifications has merit. The Senate hearing was designed to examine whether the deadline could be separated from the amendment to allow the amendment to be added to the Constitution, but it was far more revealing than that. Faced with the possibility that the ERA might become part of the Constitution, right-wing leaders insisted that the ERA has “just one purpose left,” as the Heritage Foundation put it: “Abortion.” They claim that since, in their view, women are now effectively equal to men across the board in employment and so on, women’s current demand for equality before the law is simply a way for them to capture abortion rights. Catholic bishops of the United States have written to senators to express “alarm” at the ERA, warning it would have “far-reaching consequences” with “negative impacts to the common good and to religious freedom.” They claim it would require federal funding for abortions and would prohibit “discrimination based on ‘sexual orientation,’ ‘gender identity,’ and other categories.” “We strongly urge you to oppose it,” they wrote, “and any resolution attempting to declare it ratified.” This fight highlights that the attempt to stop government protection of individuals is really about imposing the will of a minority. A piece by Megan O’Matz in ProPublica today explored how an anti-abortion law firm has been sowing doubts about the 2020 presidential election as part of a long-term strategy to end abortion rights. Led by former Kansas attorney general Phill Kline, whose law license was suspended a decade ago for ethics violations, lawyers at the Thomas More Society worked to restrict access to the vote and to stall President Joe Biden’s inauguration in order to keep Trump in office. Their efforts thrived on disinformation, of course, and the echoes from the testimony released recently in the defamation case of Dominion Voting Systems against the Fox Corporation continue to reverberate in the fight against public lies. In that testimony, both Fox News Channel hosts and top executives admitted that they knew Trump’s claims of victory in the 2020 presidential election were lies but spread them anyway to keep their viewers from abandoning them for another channel. Now House Speaker Kevin McCarthy (R-CA) has given exclusive access to 44,000 hours of video from the U.S. Capitol on January 6, 2021, to one of those hosts, Tucker Carlson. Today, Senate majority leader Chuck Schumer (D-NY) and House minority leader Hakeem Jeffries (D-NY) did an end run around McCarthy to address the problem of disinformation directly at the source. They sent a letter to Rupert Murdoch, chair of the Fox Corporation, and other top Fox executives, reminding them of their damning testimony and reminding them that “your network hosts continue to promote, spew, and perpetuate election conspiracy theories to this day.” They wrote: “We demand that you direct Tucker Carlson and other hosts on your network to stop spreading false election narratives and admit on the air that they were wrong to engage in such negligent behavior.” It is an important marker, and if the Fox Corporation can read the writing on the wall as well as Eli Lilly can, it might shift the focus of the Fox News Channel, which already seems to be trying to pull its support for Trump and give it to Florida governor Ron DeSantis. But that protest is unlikely to change the behavior of right-wing members of Congress. Yesterday, Representatives Marjorie Taylor Greene (R-GA) and Mark Green (R-TN) blamed the Biden administration for the deaths of Caleb and Kyler Kiessling from fentanyl poisoning after their mother, an attorney and conservative activist, testified before the House Committee on Homeland Security. But the young men, along with 17-year-old Sophia Harris, died in July 2020, when Trump was president. When senior CNN reporter Daniel Dale asked Greene’s office why she had blamed Biden for the deaths, her congressional spokesperson, Nick Dyer, “responded by saying lots of people have died from drugs under Biden and ‘do you think they give a f*ck about your bullsh*t fact checking?’” Dale also asked him to comment on Greene’s lies about the 2020 presidential election yesterday. Dyer answered: “F*ck off.”

—

LETTERS FROM AN AMERICAN

HEATHER COX RICHARDSON

[dangeroustimemachinehologram]

Handmaid's Tales story, reviews and opinion... (book and a series)- a story about how not to treat women

 The Handmaid's Tale - a novel by Canadian writer Margaret Atwood published in 1985 in Toronto by "McClelland & Stewart. A dystopia maintained in the convention of sociological science fiction, the action of which takes place in the near future in the United States. The book won the first ever Arthur C. Clarke Award for the best science fiction novel published in Great Britain. The novel, feminist in meaning, is associated by critics with a reaction to the rule of Ronald Reagan, the Republican president of the USA when attempts were made to limit emancipation processes. The piece is a psychological study of a young woman placed in an extreme life situation. In 2019, the author released a sequel to the novel, The Testaments, set 15 years after the events described in The Handmaid's Tale.

The plot of the novel is set in the near future in the Republic of Gilead - a country created on the territory of the present United States. Created by a racist-nationalist terrorist organization with a religious profile - the Bank of Thoughts of the Sons of Jacob - it is an ideological response to the all-encompassing ecological disaster, infertility, and the collapse of society. The imprisonment and assassination of the president and the dissolution of Congress led to the downfall of the legitimate government and the suspension of the constitution. The new authorities quickly took on the characteristics of a religiously oriented military dictatorship and began to transform society according to new principles, based primarily on the Old Testament. The rulers of Gilead, literally reading the words of the Bible, breed crowds of fertile women to breed, the titled "handmaids". A handyman is given to a distinguished companion who cannot have offspring in his marriage. In an elaborate sexual ritual, the handmaid is impregnated by the man while resting in his wife's arms. The protagonist of the novel is an unnamed young woman captured while trying to escape to Canada, during which she is separated from her husband Łukasz, and their daughter ends up in an unknown place. The heroine is sent to a camp for handmaids, and after training, she ends up at the home of the Commander and his wife Serena Joy. There he meets Nick, the Commandant's young chauffeur, thanks to whom he has a chance to regain his lost freedom.

Freda is a Handmaiden assigned to the house of one of the Commanders. She must be absolutely obedient, abide by the rules of steel, and endure the Wife's treatment without batting an eyelid. Her only contact with the outside world is once a day, going shopping and secretly communicating with another Handmaiden assigned to her pair. Once a month, during the Fertilization Ceremony, she must pray to get pregnant. Handmaids that are infertile are assigned to Unwomen and sent to the Colony.

"Then she said, "I have Bilhah, my slave girl. Approach her that she may give birth to a child on my lap; though in this way I shall have offspring from you."

Genesis 30:3

The Republic of Gilead, where the plot takes place, was founded in the northern part of the United States, on the foundations of extremely orthodox principles. Due to the ever-decreasing birth rate, all fertile women were forcibly rounded up. They were forced into absolute obedience. In a submissive, passive way, they must obey a series of rules that apply to them. And actually, it's hard to say whether there are more things that must or that they can't.

They can't talk, they can't touch anything. All text has been replaced with pictures because they can't be read. They can't express themselves, they can't communicate with each other, and they can't look at each other.

They must obey their Commander's Wife and obediently lie down during the Fertilization Ceremony. They need to take care of themselves because they are the vessels in which new life will arise. They must pray as much as possible and must attend the execution of those who disobey...

It's not just the Handmaid's life that's hard. Over the course of the story, we discover that each woman has strictly assigned tasks that she must fulfill and show maximum subordination. What's most tragic, at every step they have to show how happy they are with the life they lead and grateful for what they do. Because they have had the honor of participating in great work.

"Better" is never better for everyone, he says. “It's always worse for some people.

Freda, as the heroine, is initially a very mysterious character. In order to show her life as accurately as possible (first person narrative, because it is her story) she allows us to feel how much she is really allowed. Her life is incredibly poor in experiences in every field. The greatest tragedy of her and her friends is that they remember the lives they led before. That they were wives and mothers. That they had a job, a home, and could laugh whenever they felt like it. These memories, on the one hand, give them the strength to survive the next day, and on the other hand, plunge them into more and more stagnation.

The hallmark of Atwood's novels is peace and quiet. No one screams in it, no one calls for justice, and no one opposes. Such controlled and dispassionate brutality literally deprives hope. And this is the most shocking because it shows silent surrender, hopelessness, and lack of possibility to change.

The world created by the author is quiet and gloomy, but this silence screams. And it's fascinating because I've never experienced such a climate anywhere else. Freda's thought process is completely opposite to what is going on around her and what she agrees to. And we wait all the time for something to break. And this anticipation, I must admit, is exhausting!

I highly recommend it.

Dystopian literature is probably my favorite genre, it arouses incredible emotions in me on the border of realism and fantasy. The book is not overrated, which I feared. It's a good piece of history, extraordinary and sickly fascinating. The ending is quite surprising and worth reading until the last line.

Mysterious deals with the Commander, secrets of the Wife, hidden, forbidden love, powerless underground. This book is bursting with events and emotions, although it is shrouded in paralyzing silence.

My rating: is 7/10

"I'm sorry that there is so much pain in this story. That it is torn like flesh pierced by a series of bullets.

But there's nothing I can do about it."

Characters

Freda, Handmaid

The main character was separated from her husband and daughter after the founding of the Republic of Gilead and is a representative of the first generation of Gilead women: those who still remember the period before the creation of this totalitarian state. As a fertile woman, she belongs to the most valuable wealth of the time and goes to the Rachel and Leah Center - a training camp for future Handmaids. She is then placed as a slave in the home of Commander Fred and his wife Serena Joy. She is to give birth to a healthy child.

Freda is not her real name, but a name that describes her affiliation (meaning she belongs to Commander Fred). Her original name is unknown (although it can be inferred that her name was June). We know, however, that during her stay at the Commandant's house, Podręczna is 33 years old.

Commander

His name is Fred. Little is known about his past - during one of his meetings with Freda, he mentions that he used to be involved in the so-called market research. He is probably one of the founding fathers of Gilead and the author of its laws.

Serena Joy

She used to be a TV star and now she's married to a fundamentalist religious regime she helped create. All power and fame, as well as other women, were taken from her by the regime. She is an old and infertile woman. She feels humiliated by having to use the Handmaiden, especially during the regular fertility ceremony - the Commander then intercourses with the Handmaid lying on his wife's lap.

Glen

Freda's neighbor, who, like her, belongs to the Handhelds. Every day they do shopping together in such a way that none of the Handmaids is ever alone and each watches over the behavior of the other. Glena is a member of the Mayday Resistance (a secret organization in rebellion against Gilead). Unlike the relatively passive Freda, Glena is very brave. During the so-called Participation (a cruel ritual in which the Handmaids are goaded into beating a man accused of alleged rape and infanticide) Glen stuns the man about to be lynched to spare him the pain. Glenn eventually commits suicide before the government arrests her as a member of the resistance.

Freda then gets another Handmaid as a mate, also named Glena, who refuses to share her feelings about Gilead and warns Freda against making such judgments.

Nick

The Commander's driver lives above the garage. At the suggestion of Serena Joy, Freda begins a sexual relationship with him to increase her chances of getting pregnant and saving herself from being sent to the infamous Colony. Over time, Freda develops feelings for Nick, even telling him about her life before the founding of Gilead. Nick is an ambiguous hero, and Freda doesn't quite know if he's on the side of the government or the resistance. At the end of the story, however, Nick reveals his true political affiliation and arranges Freda's escape.

Moira

She is Freda's close friend from her student days. An important aspect of Moira is her homosexuality and resistance to the new regime. Moira ended up at the Red Center (officially called the Rachel and Leah Center) for future Handmaids shortly after Fred. During her stay in the center, Moira manages to escape - she steals Aunt's clothes (sister superior) and leaves the Center in her disguise without any problems. Freda loses sight of her for several years.

He meets her only in Jezebel - an exclusive brothel for senior officials of the regime. Moira tells Freda in the restroom that after escaping she was captured and given the choice between being sent to Cologne or prostitution.

Remember the story of Jacob and Rachel from the Old Testament? A quick reminder - Rachel was infertile, but she really wanted to give a child to her beloved. So she gave him her maid, Bilhah, who had no choice but to hand them over to their legal guardians after the children were born.

Several thousand years later, God decided to punish people for their sins, licentious behavior, and hedonistic tendencies. He cursed them with a declining birthrate. Unable to cope with the situation, the people decided to return to what is written in the Bible, because only the humble will be blessed. Thus begins a revolution in the name of a better tomorrow. A revolution in which women are fertile cattle, all minorities are eliminated and the notion of freedom disappears for good. Welcome to the world of The Handmaid's Tale. Praised be.

In recent years, dystopias on the big screen have mostly been associated with teenage blockbusters. Some of them cannot be denied bravado in their approach to the subject, but most lacked depth. Even earlier, "Children of Men", "V for Vendetta" and "Blade Runner" cemented the anti-utopia genre in film history. Interestingly, both cinema and television derive their dystopian ideas mainly from literature. It is no different with "The Handmaid's Tale", which is based on Margaret Atwood's novel from 32 years ago.

The timeliness of such mature material may be surprising. It might seem that in our time the events presented in the series are not supposed to take place. However, it is enough to read about the procedure of women's mutilation through circumcision or the liquidation of people with a different sexual orientation to understand that we are already partly living in the reality of the series. Maybe that's why "The Handmaid's Tale" is so emotionally charged.

The story of June (the brilliant Elisabeth Moss), who was named Offred in a post-coup world, is the story of a mother whose daughter was taken, her husband killed and put into the service of the Waterford State. Service in which I assume the role of the aforementioned Bilhah. What does this mean in practice? June is raped by the master of the house while his wife holds her on her lap. All in the name of the greater good - the conception of a child. Any attempt to escape or disobey ends in torture. In this new, fanatical world, no one can be trusted, and any privileges are reserved only for men.

Gloomy photos are a great way to show the barrenness of the post-revolutionary world. Empty and sterile rooms, limiting the characters' costumes to a few colors show the ideal order of the new regime and increase the feeling of hopelessness accompanying the heroines.

At certain moments, the creators could resort to greater subtlety, and some threads are conducted in an overly obvious way. You can also attach yourself to not always hit songs that simply do not match the scenes presented. This does not change the fact that the blow we get in the face watching this dark, the dehumanized story is extremely strong. Once a character says that "Better is never better for everyone. It's always worse for some." Better is the enemy of "good", it becomes an excuse in uncertain times. Sometimes, however, even the worst state of affairs can be better than a revolution. Especially when it leads to treating people with rules written several thousand years ago.

[noirandchocolate]

For those interested, the section of the US Constitution the Colorado Court applied is Amendment XIV, Section 3, which reads as follows:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

This provision was included in the 14th Amendment when it was enacted after the Civil War, to prevent former government officials who joined the Confederacy from reclaiming their seats.

One of if not THE biggest legal question (among many many others involving procedure and jurisdiction/separation of powers) in this case is whether the provision applies to a President who engages in insurrection. This is at issue because the explicit list of offices at the start of the text doesn't include "President," but the section does say "or hold ANY office . . . under the United States."

The Colorado district court found that Trump did engage in insurrection on January 6, 2021, but interpreted Section 3 not to include Presidents. The state's Supreme Court agreed with the first part but disagreed with the second part, finding that

a) the Presidency falls under "any office under the United States," while by contrast Senators, Representatives, and electors had to be specifically listed because they are NOT "offices" but "memberships." In this part of the opinion the Court also rejected Trump's argument that the President is not an office "under" the US because it "is" the government of the US, finding that this interpretation would undermine the basic principle of US democracy that the government exists for "the people."

b) the President is "an officer of the United States" for purposes of the part of the section requiring that the person in question have taken an oath "as" such an official.

c) the Presidential oath is an "oath to support the Constitution," since Article II of said Constitution clearly states that the President must swear an oath to "preserve, protect and defend the Constitution." The Court rejected Trump's argument that "well those verbs don't include 'support'~" finding it to be basically garbage since 1) the President is also an executive officer of the US and Article VI states that such officers are bound by an oath to "support" the Constitution and 2) come on, preserve, protect, and defend are all verbs that imply support.

If you click the link in the OP labeled "full ruling and dissents," these holdings are found on pages 70-88 of the opinion.

PS: This case relates to the Republican primary ballot and currently only affects Colorado. However, it does set a precedent for other state courts to make similar findings. States aren't bound to all do the same thing as each other, but state courts will often cite each others' reasoning as helpful guidance if similar suits are brought in their own jurisdictions.

(source) (full ruling and dissents)

[mariacallous]

US appeals court upholds TikTok law forcing its sale

WASHINGTON, Dec 6 (Reuters) - A U.S. federal appeals court on Friday upheld a law requiring Chinese-based ByteDance to divest its popular short video app TikTok in the United States by early next year or face a ban.

The decision is a win for the Justice Department and opponents of the Chinese-owned app and a devastating blow to ByteDance. The ruling now increases the possibility of an unprecedented ban in just six weeks on a social media app used by 170 million Americans.

The ruling is expected to be appealed to the Supreme Court.

Free speech advocates immediately criticized the decision. The American Civil Liberties Union said it sets a "flawed and dangerous precedent."

"Banning TikTok blatantly violates the First Amendment rights of millions of Americans who use this app to express themselves and communicate with people around the world,” said Patrick Toomey, deputy director of the ACLU's National Security Project.

But the appeals court said the law “was the culmination of extensive, bipartisan action by the Congress and by successive presidents. It was carefully crafted to deal only with control by a foreign adversary, and it was part of a broader effort to counter a well-substantiated national security threat posed by the PRC (People's Republic of China)."

U.S. appeals court Judges Sri Srinivasan, Neomi Rao and Douglas Ginsburg considered the legal challenges brought by TikTok and users against the law that gives ByteDance until Jan. 19 to sell or divest TikTok's U.S. assets or face a ban.

The decision -- unless the Supreme Court reverses it -- puts TikTok's fate in the hands of first President JoeBiden on whether to grant a 90-day extension of the Jan. 19 deadline to force a sale and then President-elect Donald Trump, who takes office on Jan. 20. But it's not clear whether ByteDance could meet the heavy burden to show it had made significant progress toward a divestiture needed to trigger the extension.

Trump, who unsuccessfully tried to ban TikTok during his first term in 2020, said before the November presidential election he would not allow the TikTok ban.

TikTok said it expected the Supreme Court would reverse the appeals court decision on First Amendment grounds.

"The Supreme Court has an established historical record of protecting Americans' right to free speech, and we expect they will do just that on this important constitutional issue," TikTok said in a statement, adding the law will result "in outright censorship of the American people."

The Justice Department did not have an immediate comment on the decision.

The decision upholds the law giving the U.S. government sweeping powers to ban other foreign-owned apps that could raise concerns about collection of Americans' data. In 2020, Trump also tried to ban Tencent-owned WeChat, but was blocked by the courts.

Shares of Meta Platforms (META.O), opens new tab, which competes against TikTok in online ads, hit an intraday record high following the ruling, last up over 3%. Google parent Alphabet (GOOGL.O), opens new tab, whose YouTube video platform also competes with TikTok, was up over 1% following the ruling.

TIKTOK BAN LOOMS

The court acknowledged its decision would lead to TikTok's ban on Jan. 19 without an extension from Biden.

"Consequently, TikTok's millions of users will need to find alternative media of communication," the court said, which was because of China's "hybrid commercial threat to U.S. national security, not to the U.S. Government, which engaged with TikTok through a multi-year process in an effort to find an alternative solution."

The opinion was written by Ginsburg, an appointee of President Ronald Reagan, and joined by Rao, who was named to the bench by Trump, and Srinivasan, an appointee of President Barack Obama.

The Justice Department says under Chinese ownership, TikTok poses a serious national security threat because of its access to vast personal data of Americans, asserting China can covertly manipulate information that Americans consume via TikTok.

U.S. officials have also warned TikTok's management is beholden to the Chinese government, which could compel the company to share the data of its American users.

TikTok has denied it has or ever would share U.S. user data, accusing American lawmakers in the lawsuit of advancing "speculative" concerns.

TikTok and ByteDance argue the law is unconstitutional and violates Americans' free speech rights. They call it "a radical departure from this country's tradition of championing an open Internet."

ByteDance, backed by Sequoia Capital, Susquehanna International Group, KKR & Co (KKR.N), opens new tab, and General Atlantic, among others, was valued at $268 billion in December 2023 when it offered to buy back around $5 billion worth of shares from investors, Reuters reported then.

The law prohibits app stores like Apple (AAPL.O), opens new tab and Alphabet's (GOOGL.O), opens new tab Google from offering TikTok and bars internet hosting services from supporting TikTok unless ByteDance divests TikTok by the deadline.

Apple and Google did not immediately respond to requests for comment.

In a concurring opinion, Srinivasan acknowledged the decision will have major impacts, noting "170 million Americans use TikTok to create and view all sorts of free expression and engage with one another and the world. And yet, in part precisely because of the platform’s expansive reach, Congress and multiple Presidents determined that divesting it from (China's) control is essential to protect our national security."

He added that "Because the record reflects that Congress's decision was considered, consistent with longstanding regulatory practice, and devoid of an institutional aim to suppress particular messages or ideas, we are not in a position to set it aside."

[brookstonalmanac]

Events 1.31 (before 1930)

314 – Pope Sylvester I is consecrated, as successor to the late Pope Miltiades. 1208 – The Battle of Lena takes place between King Sverker II of Sweden and his rival, Prince Eric, whose victory puts him on the throne as King Eric X of Sweden. 1266 – The Mudéjar of Murcia, who had rebelled against the Crown of Castile during the Mudéjar revolt of 1264–1266, surrender the city to James I of Aragon after a siege lasting a month. 1504 – The Treaty of Lyon ends the Italian War, confirming French domination of northern Italy, while Spain receives the Kingdom of Naples. 1578 – Eighty Years' War and Anglo-Spanish War: The Battle of Gembloux is a victory for Spanish forces led by Don John of Austria over a rebel army of Dutch, Flemish, English, Scottish, German, French and Walloons. 1606 – Gunpowder Plot: Four of the conspirators, including Guy Fawkes, are executed for treason by hanging, drawing and quartering, for plotting against Parliament and King James. 1609 – Wisselbank of Amsterdam established. 1703 – Forty-seven rōnin, under the command of Ōishi Kuranosuke, avenged the death of their master, by killing Kira Yoshinaka. 1747 – The first venereal diseases clinic opens at London Lock Hospital. 1814 – Gervasio Antonio de Posadas becomes Supreme Director of the United Provinces of the Río de la Plata (present-day Argentina). 1846 – After the Milwaukee Bridge War, the United States towns of Juneautown and Kilbourntown unify to create the City of Milwaukee. 1848 – John C. Frémont is court-martialed for mutiny and disobeying orders. 1862 – Alvan Graham Clark discovers the white dwarf star Sirius B, a companion of Sirius, through an 18.5-inch (47 cm) telescope now located at Northwestern University. 1865 – American Civil War: The United States Congress passes the Thirteenth Amendment to the United States Constitution, abolishing slavery, and submits it to the states for ratification. 1865 – American Civil War: Confederate General Robert E. Lee becomes general-in-chief of all Confederate armies. 1891 – History of Portugal: The first attempt at a Portuguese republican revolution breaks out in the northern city of Porto. 1900 – Datu Muhammad Salleh is killed in Kampung Teboh, Tambunan, ending the Mat Salleh Rebellion. 1901 – Anton Chekhov's Three Sisters premieres at Moscow Art Theatre in Russia. 1915 – World War I: Germany is the first to make large-scale use of poison gas in warfare in the Battle of Bolimów against Russia. 1917 – World War I: Kaiser Wilhelm II orders the resumption of unrestricted submarine warfare. 1918 – A series of accidental collisions on a misty Scottish night leads to the loss of two Royal Navy submarines with over a hundred lives, and damage to another five British warships. 1918 – Finnish Civil War: The Suinula massacre, which changes the nature of the war in a more hostile direction, takes place in Kangasala. 1919 – The Battle of George Square takes place in Glasgow, Scotland, during a campaign for shorter working hours. 1928 – Leon Trotsky is exiled to Alma-Ata.

[thebookofnehemiah]

"Up." From the Book of Nehemiah, "the Exploration of the Mysteries of the Lions that Lay," 12: 31.

The Nsh cements the authority given to him by the King of Persia to reestablish the Kingdom of Jerusalem and return the Jewish people to their proper homes. The next verse suggests this included unification with the Kingdom of Judah which as we all know split from Israel during a fight between Solomon's sons over tax reforms.

To resolve the civil war, the Nsh attempts a Resolution:

31 I had the leaders of Judah go up on top of[e] the wall. I also assigned two large choirs to give thanks. One was to proceed on top of[f] the wall to the right, toward the Dung Gate. 

Angels call us dung gates, which are 364, gsad, "human bodies."

At the top of the wall is the intellect, which is 1433, ידלג‎ ‎, "the jump, the leap, the skip, the gambol."

Judah and Israel split because Solomon spoiled the people and they were not prepared for the trials ahead of them. Rehoboam insisted the people obey the Torah with extra discipline, Jeroboam was lazy and spoiled and led the people astray. Israel fell apart and did not return, not to this very day.

The understanding we want to glean from this passage is the lesson our ancestors did not learn. A proper constitution is a turn to the right, it provides leaders and constituents with a firm basis upon which to live. Other nations will respect it, the people will benefit.

Problems surface because of party politics. The Torah is opposed to party politics and legislates the appointment of a king who presides over a federalized system of government, preferably a vast empire of a type called commonwealth that was explained under the reign of Joseph, the Emperor of Egypt, another wise ruler who preceded a the fall of the people of Israel the first time.

Empires built using combat forces are doomed to failure. In America, our way of life is falling apart because the Union defeated the Confederacy militarily, but did not win the moral victory. The Congress, as a result has never really been all that effective at governing the nation, not like it might be if its moral qualities dispositioned it to the law.

The Republicans who are nothing but dung gates have never shown a desire to obey the Law or any laws and are guilty of terrorism, crimes against humanity, and war crimes and the rest of the world is trying to join the choir at the top of the ladder of human capabilities.

General Grant wrote a paper right after the Civil War ended stating we would not last as a unified country if we did not occupy the south for a decade or two and continue to culturate the territory so it could function. President Lincoln was assassinated, the country was tired, anti-African sentiment below the Bible Belt as a result has lasted and lasted. I worry a great deal for the future of the black man in America along with minorities in this country and other nations if the Republican Party is not concluded.

"General Ulysses S. Grant's Reconstruction integration plans focused on actively protecting the rights of newly freed slaves through federal military intervention, utilizing the Enforcement Acts to combat white supremacist groups like the Ku Klux Klan, and aiming to expand Republican Party influence in the South while simultaneously attempting to avoid further conflict by integrating former Confederates back into society, albeit with limitations on their political power; he aimed to achieve this by ensuring Black voting rights and supporting state governments that upheld civil rights for African Americans. 

Key points about Grant's Reconstruction plans:

Military presence:Grant believed in using federal troops to enforce Reconstruction policies in the South, sending them into states where violence against African Americans was prevalent, particularly when the Ku Klux Klan threatened Black voters. 

Enforcement Acts:Grant supported the passage of the Enforcement Acts, including the Ku Klux Klan Act, which provided legal tools to combat white supremacist violence against African Americans. 

Political integration:While advocating for Black voting rights, Grant also sought to integrate former Confederates back into the political system, hoping to foster a sense of reconciliation and stability in the South. 

Challenges and limitations:Despite his efforts, Grant faced criticism from both sides, with some accusing him of being too forceful with military intervention and others claiming he did not do enough to protect Black rights. 

Legacy:Grant's Reconstruction policies, while not entirely successful, played a significant role in establishing the legal framework for African American civil rights during the Reconstruction era. "

Retrieved from: https://www.britannica.com/story/what-was-ulysses-s-grants-policy-regarding-reconstruction

Reconstruction plans in current academic works track with Grant's beliefs, specifically that sustained practices that enrich human equity are necessary for global stability:

“There was great hope during the brief euphoria in 1989/90 that the end of the Cold War would herald the beginning of a new era of widely enjoyed improvements in economic welfare, prosperity and peace achieved through greater harmony of interests and cooperation between and within countries.

 Regrettably, though not surprisingly, it is the sceptics who have turned out to be right. Some of them suspected that the euphoria would turn out to be no more than, as the then British Foreign Secretary put it, a “Utopian folly”.  Others feared that the removal of the East/West tensions would revive the old ethnic and cultural antagonisms and conflicts.

Far from peace and harmony, over one hundred armed conflicts have taken place since 1989.e They have ranged in severity from minor conflicts (at least twenty-five battle-related deaths) to wars (one thousand or more battle-related deaths). In other words, “the world total of separate conflicts is still high, twice as high (in 2001) as when the Cold War began”.

Moreover, civil and international wars are not the only forms of organized aggression and brutality. A number of countries have experienced intercommunal violence, genocide, coups and high levels of organized crime. Many factors, often specific to individual countries, are responsible for these conflicts. There are, however, certain characteristics that are shared by most countries that have experienced civil wars: poverty, unemployment and economic stagnation – with economic welfare and income security deteriorating rapidly.

The fact that rates of growth tend to be much lower in war-affected economies than in those that have not experienced civil conflicts makes the underlying problems even worse. Clearly, economic conditions are of critical importance. But they cannot be considered independently of non-economic factors for the simple reason that there is a strong interaction between the two.

 To achieve their objective, economic policies must therefore take into account the capacity of a society (its institutions and resources) to solve the problems created by the divisions and tensions that are responsible for recurring violence. As Lord Beveridgej pointed out, with the Great Depression in the 1930s and its aftermath in mind, “The greatest evil of unemployment is not the loss of additional material wealth which we might have with full employment: there are two greater evils. First, that unemployment makes men seem useless, not wanted, without a country; second, that unemployment makes men live in fear, and that from fear springs hate.”

Retrieved from: https://www.un.org/development/desa/dpad/wp-content/uploads/sites/45/publication/CDP-bp-2005-8.pdf

So the Nsh says "shitty people that want to oppress others, you go to hell. The rest, let us stand together." And he is right. It is moral and economic might that will solve the planet's problems, major combat has to stop, poverty has to end or we will never know the peace of glory of Israel on this planet.

The Value in Gematria is 10818, י'‎ףיח‎, ya'‎ephich‎, "Yes, use your minds, your wings to protect to the moment of exhaustion."

"The root עוף ('up) reflects the idea that in nature wings arose not with the objective to fly but rather with the objective to protect. Creatures that used their arms to protect their young attained an advantage over creatures that didn't, and eventually discovered that their desire to protect their young gave them the ability to fly. This is also the reason why angels have wings; not to fly with but to protect with.

The verb עוף ('up) essentially means to use wings. Obviously this results in our verb to mostly mean to fly or fly away, but once it means to be dark (which is what happens when wings cover chicks). Noun עוף ('op) denotes creatures that have wings: birds and insects. Noun עפעף ('ap'ap) means eyelid; the "wing" that covers the eye and thus causes darkness. Noun עיפה ('epa) means darkness. Nouns מועף (mu'ap), מועף (ma'up) and תעפה (teupa) mean gloom.

Verbs עיף ('ip) and יעף (ya'ep) mean to faint, or "go dark" in a consciousness sort of way. Adjective עיף ('ayep) means faint or exhausted. Adjective יעף (ya'ep) means weary of faint. Noun יעף (ye'ap) means weariness or faintness."

=

The world must stand firm, President Trump and the Republican Party, the Kremlin, Beijing, Pyongyang, that shitty Assaholla, any place or person that is presently or plans to harrass the rest needs our immediate not our selective attention and all broken politics need to be joined and made to comply with the principals named in the Hillels.

This very matter split Israel in half once upon a time, this time it must perform the opposite. This addresses the impersonal aspects of this Nehemiah Torah and the Torah itself. On a personal level, when those Mormon mother fuckers showed up on the Capitol doorstep screaming and yelling my name and then dug under sacred soil so they could gun innocent people down and take and rape hostages, and then their best friend won our most recent election, I vowed revenge, and I promise you, I shall have it. You are all pieces of shit and the toilet is too good for you.

[todaysdocument]

Brigadier General Moses Hazen wrote to Congress on April 8, 1783, asking for benefits and compensation for Canadians who fought for the U.S. during the Revolutionary War. 

Record Group 360: Records of the Continental and Confederation Congresses and the Constitutional Convention

Series: Papers of the Continental Congress

File Unit: Petitions Addressed to Congress

Transcription: 

457

To the Honourable the Congress of the United States of America:

The Memorial of Brigadier-General Moses Haren, in behalf of himself, Officers, and others, Canadian Refugees, at present Objects of the Honourable Congress, as in the Subsequent Memorial will more fully appear,

Sheweth,

That there are now serving in the Regiment under his Command, Officers and Men chiefly Refugees from Canada, and not of the proportional Part of any particular State, as will appear by the Returns now lodged in the War Office of these States:

The exclusive of the aforesaid Officers and Men now in Service, there are a considerable Number of Canadian Officers and others, Men, Women and Children, Refugees from Canada, that [waive?] Provisions from the Public, and some other small Supplies, as the only Means for them to obtain a present moderate [Sustenance?]:

That the People of Canada living in a conquered County, their Liberties had not been infringed, their Properties endangered by Innovations from Government - nor had there been any Violation of [Charters?] - Subjects of real Complaint from the good People of these States - before the present great and important Revolution:

That the several Branches of [Commerce?] formed, and intimate Connections [subsisting?] between the United States and Canada, before the Commencement of the late War, together with the Weight and Interest of the Protestant Whigs in Canada, made great Progress, at an early Period, in that County in favour of the present Revolution, insomuch, that on the first approach of a small Body of undisciplined Men under the Command of the late brave General Montgomery, the Governor of Canada, and all his Emissaries, under the then System of British Policy, were not able, either by Force, Entreaty or [Flattery?], to bring any considerable Number of Canadians under arms, to oppose the Small Force, but by these States into that Country - But on the contrary, many of the Canadians fled to the American Standard, and assisted in the Siege of St. John's, and Blockade of Quebec, whilst others supported them with Provisions, Clothing, Carriages, &c. on the Faith and Credit of these States:

That the then Honourable the Continental Congress did in the Month of January 1776 send into Canada a pleasing Proclamation, inviting the People of that Country to join in arms to oppose the

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453 and under the Sovereignty of the United States, but to draw out of the present Limits of Canada such other Sufferers by this COntest as [shall?] remain in that Country, together with such other & their Friends and Connections are willing to become Settlers in a new Country, and Subjects of these States, and thereby to enjoy in Time those Liberties and advantages in common with the Citizens of this new and rising Empire:

Your Memorialist therefore humbly prays, That the Honourable the Congress - the Sovereign Power in these States, will please to grant to the said Canadian Officers, Men, and Others, now serving in the Regiment, who are not considered as a Part of the Quotas of any or either of these States, together with all the Refugees from Canada, and such of our Friends and Sufferers in that Province, with other associates as may be willing to become Settlers in a new Country, and Subjects of these States, a certain Tract of Land, beginning at the Mouth of the River Huron, which empties itself into Lake St. Clair, which said Lake is on the Water [Communication?] between the Lake Huron and the Lake Erie - thence down the said Water [Communication?] along the Boundary between Great Britain Lake Erie to the Mouth of the River [Miamis?] - thence across the said Mouth of the River [Miamis?] along the Border of the said Lake Erie six Miles from the said River - hence up the said River - preserving the Said Constance of six Miles from the Bank of the said River as its several Courses run, 'til a right Line down shall comprehend the Distance of six Miles above [Miamis?] Fort - thence on a direct Line to the Mouth of the River St. Joseph - thence up the said River St. Joseph to its Source - thence in a direct Line to a Station on the Banks of the River, twelve Miles from the Mouth of said River - thence down the said River to the Place of Beginning - or in such Proportions, Places, and Situations within the said Limits as shall be judged right, having regard to their several Ranks and Pretensions - thereby at the same time ratifying and confirming in their quiet Possessions all such Persons already established within the above Limits as have not, during the Course of this War, behaved inimical to these States, by bearing arms, or otherwise - and who are willing to take the Oaths of Allegiance to these States and become their Subjects: and further, that you would be graciously pleased to afford such assistance to the Persons in the Memorial mentions, as may enable them the more speedily to form the said

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tyrannical measures of Great-Britain; {illegible] promising them Protection, and pledging the Faith of the United States for the farms; to which Proclamation we beg leave refer:

452 That a large proportion of the said Canadian Officers and Men now serving in the Regiment under your Memorialist's Command, were not only employed in arms under the late General Montgomery at the Siege of St. John's, and Blockade of Quebec, but voluntarily enlisted into the said Regiment on the small bounty of six dollars and two thirds of a dollar then offered by Congress to serve during the War:  They retreated out of Canada with the American Troops; some with their wives and children; leaving their connections and properties- not however without hopes of returning in arms victorious to their own country and that the same idea has been encouraged and kept alive, not only by the Articles of Confederation, and the Proclamation sent into Canada by Count D'Estainy, but by many other circumstances down to the present [illegible]:

That the said Canadian Officers and Men have honestly and faithfully served several hard campaigns, constantly employed in the most arduous and dangerous services- not by any means on an equal footing with the other parts of the army- without complaint or murmur:

That the supplies of clothing, Vc, as well as a late settlement with these Canadian Officers and Men have not been equally advantageous with them, as it has been to the other parts of the army of these States:

That the said Canadians in general were reputable inhabitants in Canada, who had property of their own, and lived at their Estate in that Country; and that they have been constantly buoyed up with the Hopes of repossessing their Estates, and returning to their Families and Connections, until the late news of the Treaty of Peace:

That however honorable or advantageous the Peace may be to the United States of America- yet these very men who have largely [illegible] in every Danger, Foil, and Fatigue- who have been faithful and constant in their Duty- will not equally partake of the Blessings of Peace which the Citizens of the United States will perfectly enjoy- they being secluded from their native country. They therefore, still attached to the cause in which they have fought and bled, rather than return neglected and depressed; willing to partake of those blessings of Liberty, which they have with unremitted Pain and Fatigue assisted to obtain, wish not only to settle and establish themselves on some part of the engranted Lands, which formerly belonged to the Province of Canada, but now within the

[page 4]

454

Settlement not in the least doubting but from the various connections of your Memorialist in Canada, and the general decided sentiments of that people in favor of this Empire, they will soon form a populous and flourishing establishment:

Your Memorialist further prays that the Honourable the Congress will please to direct that the interest due to the Canadian Officers and Men, and others, now serving in the Regiment, and not of the Quota of any of these States may be paid:

And your Memorialist shall ever pray.

Moses Hazen

Memorial Brig Gen Hazen

April 8 1783

Referred to W. Osgood, W. Wilson, W. Madison, W. Carroll, W. Williamson.