Tag: 5th Amendment

International Women’s Day

Maybe I’m not the world’s best feminist. I believe that if I do the same work as a man to the same quality, there’s no way in hell I should earn less money than he does. I believe I should have the right to go where I please, do things that are legal, and manage my life without requiring the input or protection of a man. There are differences between men and women, and that doesn’t make either one superior. Nevertheless — despite my failure to stop shaving or do any other stereotypical radical feminist things — I couldn’t very well let the 100th International Women’s Day go by without any comment whatsoever. President Obama celebrated by making March Women’s History Month.

We’ve still got no woman President — nor even really a candidate I can vote for without serious reservations. This is despite the fact that many other developed nations have managed to have female rulers. Maybe next generation.

We’re still fighting and re-fighting very basic battles on women’s issues — and family issues! — as if the last 50 years never happened. Women‘s and worker‘s rights are being pushed back in some cases 100 years. All the things both men and women cherish — safe workplaces with sane hours, voting, control over our own persons, control over our finances — are under fire. Women may catch the worst of it, but men and women need to work together to overcome the class warfare that is actively trying to turn our nation into a haves and have nots society.

At least we can say women have it better here in the United States than in Afghanistan or Egypt.

In closing: ayatori; 4 Wall Street time bombs; Romneycare doesn’t work; probe Scott Walker good; bait and switch; if the Federal Budget is such a mess, start by defunding this crap!; resveratrol; and a delightful Chinese prospective on Charlie Sheen, reminding us that his father used to be the President. On TV, anyhow.

Shorties Saga: Eclipse

Ok, the title was kinda a cheap one.

Solar Airplane!: “The organizers said the flight was the longest and highest by a piloted solar-powered craft, reaching an altitude of just over 28,000 feet above sea level at an average speed of 23 knots, or about 26 miles per hour.” The biggest problems were drinking water that froze and an iPod battery that ran out. Maybe he could have used a solar powered MP3 player!

How to reduce unemployment, Republican style:
Ed Stein

Susie’s Right: Maybe paying attention to the base instead of the cash, the cash and the votes will take care of themselves.

Comrade E.B. Misfit is right too: on Declining Sales and Spying on Americans (which seems to me a colossal waste of resources).

Roman Treasure: Amateur with a metal detector stumbles on thousands of rare old coins.

Well, I guess I’m willing to give up on ever being on MSNBC too: No really, a female employee was once found dead on the floor of then Congressman Joe Scarborough’s office. It’s true! And then the strange part happened.

Shoppers are back, but they’re picky: 10 months of retail gains, but things aren’t improving as fast as experts thought they would (or as fast as retailers would like).

Another Cartoon About Republicans (Because I Feel Like it):
Rob Rogers

Yeah, but you have to do business with Chase: Chase is offering discounted interest to small businesses that borrow money and then hire new employees. Interesting that they are trolling for “qualified” borrowers. I wonder how hard it is to actually qualify for the program.

This is going to be a mess: New reporting rules that were stealthily placed into the health insurance reform bill would require small businesses to report and file a form 1099 on any vendor from whom they bought more than $700 of goods or services. For example, I will have to report my office rent, my cell phone bill, and probably my office supplies. I might be able to get around reporting my NAR membership because the money gets split between national, state, and local organizations. Sounds like the “Put IRS Agents and Accountants To Work Act”. Hat tip to Jukkou-san, sorry it took so long to find an authoritative source.

Raise interest rates?: That’s what Kansas City Federal Reserve Bank President Thomas Hoenig says. His reasoning is that the economy is growing and rates are too close to 0% now. I agree, but for different reasons.

And Finally: Look out for sub-standard olive oil. I honestly don’t know what to tell you other than to make sure you trust your supplier, sniff it before you use it, and hope.

Twofer Thursday: This is Your Economy and Warren Buffett Redux

This is Your Economy:

The ADP payroll report is out today. They’re the people who print paychecks, so they have a very good idea how many private sector jobs there are. And in May, they say there were 55,000 more private sector jobs. All the gains came from the “service” sector: jobs that often begin with “how can I help you” and end with “is there anything else” (or alternatively, “would you like fries with that”). No new manufacturing jobs; no new construction jobs; no jobs doing anything that won’t be gone or irrelevant in 6 months. Tomorrow the Bureau of Labor Statistics will come out with their own numbers, which include government jobs. And since there are roughly 400,000 extra Census workers on the job right now, they are expected to announce something like 540,000 new jobs. Because those Census workers will be unemployed by Christmas, we should really call this 140,000 new and possibly permanent jobs. Once more, we haven’t added enough jobs to account for people entering the workforce (sorry, class of 2010!) let alone put the unemployed to work.

Speaking of the unemployed, the percentage of them who have been out of work more than half a year is at record levels. Sadly, unemployment is higher among parents, who have families to feed. Let’s not forget that the biggest reason for unemployment benefits is that those kids didn’t do anything wrong and still deserve roof-over-head and dinner-on-the-table. And in an unconscionable move, at least one employer is advertising that they won’t consider your application if you are unemployed! On what planet is it desirable to hire people who you know will jump ship for a better gig, when there are thousands of unemployed people desperate to work for you? Even without the public relations nightmare unfolding, how can this possibly be good business?

No wonder personal bankruptcy filings are up.

This is your economy. And now, in the face of a consumer revolt that threatens to turn into a voter revolt, Congress is actually considering doing something about the people who got us here. It sure sounds like too little too late, if it happens at all.

Warren Buffett Redux (a follow up):

Yesterday was the big day for the Oracle of Omaha. He had to sit down in front of the Financial Crisis Inquiry Commission and explain how the 3rd richest man in the world let a ratings agency he had partial ownership of overlook the real estate bubble. Well, he didn’t want to “look foolish” by sounding the alarm. After all, everybody was trying to make a buck in real estate. Nobody could have seen it coming, especially the company that was paid to see it coming. Which is it: he didn’t want to be the first to say anything, or nobody could have foreseen it?

Kind of unimpressive testimony. It’s almost like he was trying to invoke his right to remain silent.

In Closing: Androids don’t play Tetris; Wal-Mart’s lawyers warned the company not to be misogynist prigs in 1995; obligatory Gulf of Mexico oil spill items; Congressional slap-fight may make it hard to buy a home anywhere floods are a remote risk; Driving While Black (I feel certain that “brown” is close enough in many areas); cooking is hard; health insurance limbo; vaccine refusal puts everyone at risk; National Association of Evangelicals might actually be ready to face reality, that birth control prevents abortions; farewell Mercury; the 50 year “anomaly”; Governor Gibbons made the Real ID Zombie walk again, but the ACLU’s got a boomstick; and Star Trek insignia. Yes, I do try to always make the last item fun.

A Fifth of Amendment

It’s been a long time since I talked about the Bill of Rights. Check out the previous installments: One, Two, Three, *crunch!* Four. Remember, all ten were written by guys who overthrew the legal government. Not that you’ll be learning that in Texas anymore.

The Fifth Amendment is probably the one people know the best, even if they aren’t aware of it. Thanks to almost a half century of police dramas like Dragnet and Law and Order, most people know this:

You have the right to remain silent. Anything you do say can and will be used against you in a court of law.

The actual words in the Fifth Amendment are a little more complicated:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

So let’s pick this apart just a little. First: unless it’s a military matter, you’ve got to have a Grand Jury indictment before you storm off towards a trial. Second: you can’t prosecute somebody for the same thing twice. Third: and this is where Mr. Miranda comes into play — you can’t be made to testify against yourself (hence, “I’m taking the 5th“) or make statements against yourself that will be used as evidence (if you are dumb enough to blather on about how you did it while you are in police custody, it “can and will be used against you”), and moreover they can’t just arrest you or confiscate your stuff just because they feel like it. Finally, they can’t take your stuff “for public use” without paying you.

Asset forfeiture would appear to be pretty clearly not legal under the Fifth Amendment, but some judges said it was just dandy. Somehow “Activist judges” who “legislate from the bench” are only a problem when they do things ultra-conservatives don’t like.

So some very “conservative” people don’t think we should tell certain criminals that they have the right to shut up. That’s because — today at least — the “certain criminals” are terrorists, who under their definition are brown. After all, their logic goes, you never know when they might know about a threat that must be neutralized right away. Lives are at stake every moment they don’t talk! Therefore it is critically important to go all Jack Bauer on their asses immediately if not sooner.*

One must wonder if they would say the same thing if we were talking about nice white Christian terrorists like Tim McVeigh or William Krar.

As I see it, there are two huge problems with changing Miranda. First is the old “slippery slope.” Today it’s terrorists. Tomorrow it’s suspected serial killers. The next day it’s kidnappers or rapists. Pretty soon nobody’s got any rights once they’ve been accused of a felony. And don’t kid yourself, women and minorities would be less likely to be informed that maybe they should shut up and ask for a lawyer. It’s obvious that white boys never break the law, they only have “youthful indiscretions.”

The second problem is that the system we have actually works! The last two terrorists we caught were read their rights, and they were willing to talk to law enforcement anyway! A lot of people choose to give up their right to remain silent for reasons that are their own. There is no need to torture anybody, nor even a need to just shut up about their rights. Since one of the recent terrorists was a naturalized citizen, he might know his Constitutional rights better than some cops.

Seriously. The Fifth Amendment was good enough for guys like Alexander Hamilton, George Washington, Ben Franklin, James Madison, and a host of others. It’s good enough for me.

In Closing: Take Your Kids to the Park and Leave Them Day is Saturday; Volcanic Ash Maps; better get used to warmer temperatures (no more laughing about snowstorms “proving” global climate change is a hoax); reaping the whirlwind of Reaganomics; racial wealth gap quadrupled — yes quadrupled — since the 80s (don’t suppose that has anything to do with Reagan?); how important are small businesses to the economy?; Duhpartment of Research finds that reading skills in early grades are critical to academic success later; I could have told them that creative people tend to be a little crazy; oil in the water (and nothing BP does to try and cover up how much there is will change reality); and crazy architecture.

* Did you know that in 2007, an American General personally flew out to Hollywood to ask the producers of 24 to cut the torture and other illegal crap out?

Happy Greenery Day!

Today is Midori No Hi, or Greenery Day. Originally celebrated in late April as the [previous] Emperor’s Birthday, Hirohito-sama’s love of nature prompted the current Emperor Akihito-sama to make it a permanent holiday celebrating the great outdoors. It is part of a “Golden Week” of holidays, so don’t plan on getting anything done with business associates in Japan this week.

Picture taken by the ShortWoman in April of 2007. It’s an Asian pear tree in blossom.

In Closing: Stuff you thought you would never hear the President say; the economy is a very different place depending on whether you are an American family or an American auto manufacturer; Tony Horton is the man (except when Henry Rollins is); the hole this school district is in keeps getting deeper; Would Jesus Be Accepted by the Conservatives?; Airline fees are out of hand; Just a few choice words about BP and the oil disaster in the Gulf; Porn Star saves man from prison; unHappy Mothers Day; look, it’s called the 5th Amendment and it applies to all Americans; Baseball players against racial profiling; Audit the Fed!; and two amusing items, I Shot the Serif and Nunderwear.

Shorties Todd

Well, “free” does appear in the title: someone is suing FreeCreditReport.com for charging them a monthly fee for credit monitoring in order to get that “free” credit report.

“How can payrolls and the unemployment rate both go down at the same time?“: More than you want to know about how those figures are manipulated and tortured.

Data bears out common sense: Layoffs are often very bad for the companies that make them. Not only are there severance costs and bad morale (duh), it’s harder to hire back good people when market conditions improve.

Speaking of employment: The President is still of the opinion that small business hiring can and must get us out of this recession. Specifically, he said “Government can’t create these businesses, but it can give entrepreneurs the support they need to open their doors, expand, or hire more workers.” And what does he want to do about it? He wants to expand a couple of SBA programs designed to help well established businesses that already have debt. You know what would really help small businesses? Leveling the playing field with large businesses when it comes to taxes. Dave’s point is that only profits get taxed, which benefits large companies rather than small ones; tax cuts benefit big businesses while shafting the government that needs taxes to run. But let’s face it, Joe’s Hardware Shop has no leverage with city hall, but Wal-Mart can threaten to open in the next town over unless it gets tax breaks.

5th Amendment takes a beating: apparently the Obama Administration reserves the right to assassinate Americans overseas with “special permission.”

Makes me wonder why I bother to pay my mortgage: Here’s your real “phantom inventory,” banks refusing to foreclose on homes where the owner is well over a year in arrears. People are paying credit cards ahead of the mortgage now, which makes sense in a way. Financial planners have always said to pay down your high interest rate debts first! And, well, if the mortgage company is unlikely to foreclose, what incentive is there to pay?

Shackleton’s Whiskey: it’s been freed from ice near the south pole, and sent off for analysis and hopefully recreating lost liquor formulas.

Speaking of drinking: did you know that a 7-11 Double gulp is twice the size of what your stomach should reasonably be able to hold? And, at 64 oz, it’s the equivalent of 8 servings of soda.

And speaking of serving sizes: the FDA wants to crack down on misleading serving sizes on nutrition labels. You know, the ones that say a bowl of cereal is 2 servings, or 6 chips is a serving?

Glad to see someone holding the banks accountable: Cuomo has filed a lawsuit against B of A and several of it’s executives, charging that they hid information from shareholders and lied to the Feds to get bailout money.

And last but not least: a lesson about inflation.

Stay warm and dry, wherever you are.

Reform. For Freedom.

We have officially gotten to the point where corporations control us.

They control how much money we are allowed to make. They control our finances on the national, international, and personal level — badly. They control our health care in a system that is doomed to collapse under the weight of its own expense real soon now. Worst of all, they play by whatever rules they like while squeezing ordinary people to desperation. Now they have a green light to even more openly control our government.

And unless this worthless Congress remembers that the one thing corporations can’t do — yet, anyway — is vote, things are going to get worse rather than better. We desperately need real financial reform now, the kind that restores rules that worked through most of the 20th century and not the kind so riddled with loopholes as to be a gift to the financial services industry. We need insurance reform that puts more of our health care dollars to work providing health care and curtailing the abuse of patients who foolishly want the care they think they (or their bosses) are paying for, not a “reform” that forces everyone to participate in a broken system through mandatory coverage.

“I’m proud to be an American, where at least I know I’m free,” the song goes. Free to do what? Free to get involved in staged protests of issues we don’t understand? Free to loudly proclaim “facts” with no basis in reality? Free to watch propaganda dressed up as news? Free to owe everything to the companies that hire us, care for us, and mis-manage our money with no hope of anything else?

If you don’t mind, I’d prefer a different flavor of freedom.

In Closing: Roman Army Knife; “Um, because it was the right thing to do and we didn’t want any lawyers saying we did wrong later? Was the 5th Amendment repealed while I wasn’t looking?”; nice to see that we are going to count job losses more honestly, but it’s a shame that Mr. Obama will be blamed for “losing” these jobs when he merely counted Bush Administration losses correctly; I couldn’t have said it better either; at least child abuse is down!; where genetic testing and “pro-life” collide; trees are loving global warming (much more so than the polar bears); and Americans are drinking more, but we’re not paying for the Good Stuff. So, uh, maybe the price of Scotch will return to rational levels? No? I thought not.