Minggu, 31 Oktober 2010
Dallas | Officer involved in fatal apartment shooting placed on administrative leave
Posted on October 30, 2010 at 8:06 PM
DALLAS -- A Dallas police officer has been placed on administrative leave while officials investigate a fatal shooting at an apartment complex.
Several officers were working at the complex late Friday in response to complaints of drugs sales and other crimes.
Sgt. Kenneth Chapin and Officer Matthew Tate were confronted by a man in a breezeway. A police news release says the man, later identified as Tobias Arthur Mackey, placed his hands behind his back where they were not visible.
The release says Mackey did not comply with the officer's instructions and made gestures resulting in Tate firing at Mackey, who died from gunshot wounds. No weapon was found on Mackey.
An 11-year-old boy not involved in the incident was apparently struck by a round fired by Tate. He treated and released from Methodist Central Hospital.
Another violent weekend in Dallas
Sabtu, 30 Oktober 2010
Kamis, 28 Oktober 2010
Dallas County | Is the Dallas County D.A. harboring pedophiles?
The Barbarians Are At Dallas County Gates...Led By DA Craig Watkins!
If You're Thinking of Voting For
DA Craig Watkins, Please Read This
Before You Do So!
The County We May Get If Watkins
Is Elected Could Soon Look Like A
Sodom and Gomorrah…or a Pottersville!!!
_______________________________
Summary of Two Dallas Morning News Articles Concerning Implications of
DA Craig Watkins Protecting/Harboring Sexual Predators and Pedophiles
_________________________________________________________________________________________________________________
1. "Watkins role in sex abuse case questioned. As defense attorney, he
helped 10 yr old girl declare she didn't want to press charges against
molester." Dallas Morning News, Sept. 1, 2010.
▪ On Sept 1, 2010, jurors took less than 1 hour to convict Richard Howell for sexually abusing his
stepdaughter.
▪ DA Craig Watkins was subpoenaed in the case because Howell was his former client.
▪ Richard Howell was previously defended by Watkins in 2006. Then, Howell was being prosecuted for
molesting another minor, a 10 year girl. Watkins secured a case dismissal by obtaining the girls signature
on a release, saying that she wasn't molested.
▪ "The very thought of bringing a 10-yr-old child victim into your office to sign an affidavit of non-
prosecution in a sexual assault case is reprehensible," as stated by DA Candidate Danny Clancy.
▪ Greg Davis, Assistant Collin Co. DA, saw a problem with Watkins actions.
▪ For months Watkins strongly resisted meeting with the prosecuting attorneys to discuss his
role, resulting in a subpoena being issued, which has the power of contempt of court.
▪ Greg Davis stated that in his 23 years of prosecution he has never seen nor heard of, and was
very disappointed to witness DA Craig Watkins conduct in this matter.
2. '05 Rape Case against Dallas County's DA's ex-employee dismissed."
Dallas Morning News, April 15, 2010
▪ Before becoming DA 4 years ago, Craig Watkins' employee, the man that worked for Watkins
law firm, and ran his bail bonds company, Steven King, was arrested in 2005 for raping a
door-to-door saleswomen.
▪ Steven King was already either an alleged or at least twice convicted sex offender,
for at least 5 total incidences.
1. A 1981 rape case against him was dismissed
2. In the early 1980s King was convicted of sexually assaulting, raping a 13-yr-old
girl. He got probation, but it was revoked, and King went to prison for 3 years
when another minor girl accused him of the same offense.
3. Heath Hyde prosecuted King in 2007 for raping a 17 year old girl, who became
pregnant from the rape. King met the girl as a youth minister. Although the jury
found King not guilty, some jurors questioned their not guilty verdict after they
found out when the trial was over about King's past convictions and allegations.
▪ Heath Hyde, a member of Watkins staff, and the special prosecutor appointed by DA Craig Watkins,
dismissed the door-to-door saleswomen rape case on April 15, 2010m, 5 years later.
▪ The accuser, now living in Florida, said that the case was delayed, and delayed, and delayed.
Heath Hyde, one of Watkins prosecutors, and the appointed special prosecutor, dismissed the
case because he said that the accuser was non-cooperative in not returning phone calls, and
in not wanting to come to Dallas the week he wanted to try the case. Hyde stated that he
believed King to be guilty. Her response was that she called numerous times and always got
voice mail. The accuser essentially stated that Heath Hyde is a liar.
__________________________________________________________________________
The above incidences certainly confirm the corroborative statements by "Ms. Cindy" and James Dunn. Ms. Cindy alleges her 3 year old daughter was raped by an employee at AW Brown Fellowship Charter school. James Dunn, former teacher at AW Brown, and brother of the principal Paula Brown, who is married to Rev. A.W. Brown, has alleged that he knows of 3 A.W. Brown past, and may still be, employees, are known pedophiles. Per Dunn, one was removed by the police in 2006 as a result of the investigative work of FOX 4 News. Key to the AW Brown school case, James Dunn states that DA Watkins and Principal Paula Brown are friends. There are now many questions concerning Craig Watkins' alleged harboring and protecting sexual predators, pedophiles...CHILD RAPISTS...MONSTERS!
Prepared by Richard P. Sheridan, P.E., New York – Activist – Candidate for Dallas City Council, District 13
972-815-7570 www.RichardforCityCouncil13@gmail.com
Rabu, 27 Oktober 2010
LimeWire shut down by federal court
Filesharing website closed after four-year legal battle with US music industry
LimeWire, one of the world's most popular peer-to-peer filesharing websites, has been shut down after a four-year legal battle with the US music industry.
A federal court in New York issued a 'permanent injunction' against LimeWire late on Tuesday, ruling that the platform intentionally caused a 'massive scale of infringement' by permitting the sharing of thousands of copyrighted works by its 50 million monthly users.
Founded in 2000 by Mark Gorton, a former Wall Street trader, LimeWire is now restricted from allowing the searching and sharing of copyrighted material. The website will continue 'working with the music industry to move forward', a LimeWire spokeswoman confirmed.
US judge Kimba Wood ruled that record companies 'have suffered – and will continue to suffer – irreparable harm from LimeWire's inducement of widespread infringement of their works', adding that the potential damages were 'staggering'.
The court also ruled that LimeWire should 'use all reasonable technological means to immediately cease and desist' copyright infringements still taking place through applications already downloaded.
Yesterday's court order comes after a four-year legal battle between LimeWire and the Recording Industry Association of America, the representative body for many of the world's largest record labels.
In May, Wood found LimeWire liable for widespread copyright infringement. The level of damages faced by the site's New York-based parent company, Lime Group, will be decided in January 2011.
The RIAA said LimeWire has cost the music industry hundreds of millions of dollars in revenue.
According RIAA figures, US recorded music sales fell to $7.7bn in 2009 from $14.5bn in 1999. The rise to prominence of peer-to-peer filesharing networks is singled out as a primary factor for this decline by the RIAA.
The site's popularity is reflected in a survey by NDP Group, which found that LimeWire was used by 58% of people who have downloaded music from a peer-to-peer network in the year from May 2009.
Following Tuesday's injunction, the RIAA said: 'For the better part of the last decade, LimeWire and Gorton have violated the law.
'The court has now signed an injunction that will start to unwind the massive piracy machine that LimeWire and Gorton used to enrich themselves immensely.
'In January, the court will conduct a trial to determine the appropriate level of damages necessary to compensate the record companies for the billions and billions of illegal downloads that occurred through the LimeWire system.'
Earlier this year, LimeWire planned to release a service called Spoon, which would allow users to legally purchase copyrighted tracks. The deal fell through, however, when record labels were told that the site would need at least a year to migrate illicit filesharers to the new service.
Napster, which claimed more than 100 million users at the height of its popularity at the beginning of the decade, collapsed in 2002 under the strain of a number of legal challenges.
The company reinvented itself as a legal download service in 2004, later launching what it claimed was 'the world's largest and most comprehensive MP3 store', before unveiling a 'freemium' model – similar to that of Spotify – last year.
Selasa, 26 Oktober 2010
Soros Joins Snoop in Bid to Legalize Pot in California
Solar Shield--Protecting the North American Power Grid
Oct. 26, 2010: Every hundred years or so, a solar storm comes along so potent it fills the skies of Earth with blood-red auroras, makes compass needles point in the wrong direction, and sends electric currents coursing through the planet's topsoil. The most famous such storm, the Carrington Event of 1859, actually shocked telegraph operators and set some of their offices on fire. A 2008 report by the National Academy of Sciences warns that if such a storm occurred today, we could experience widespread power blackouts with permanent damage to many key transformers.
What's a utility operator to do?
The sun rises behind high-voltage power lines in North America.
A new NASA project called "Solar Shield" could help keep the lights on.
"Solar Shield is a new and experimental forecasting system for the North American power grid," explains project leader Antti Pulkkinen, a Catholic University of America research associate working at NASA's Goddard Space Flight Center. "We believe we can zero in on specific transformers and predict which of them are going to be hit hardest by a space weather event."
The troublemaker for power grids is the "GIC" – short for geomagnetically induced current. When a coronal mass ejection (a billion-ton solar storm cloud) hits Earth's magnetic field, the impact causes the field to shake and quiver. These magnetic vibrations induce currents almost everywhere, from Earth's upper atmosphere to the ground beneath our feet. Powerful GICs can overload circuits, trip breakers, and in extreme cases melt the windings of heavy-duty transformers.
This actually happened in Quebec on March 13, 1989, when a geomagnetic storm much less severe than the Carrington Event knocked out power across the entire province for more than nine hours. The storm damaged transformers in Quebec, New Jersey, and Great Britain, and caused more than 200 power anomalies across the USA from the eastern seaboard to the Pacific Northwest. A similar series of "Halloween storms" in October 2003 triggered a regional blackout in southern Sweden and may have damaged transformers in South Africa.
While many utilities have taken steps to fortify their grids, the overall situation has only gotten worse. A 2009 report by the North American Electric Reliability Corporation (NERC) and the US Department of Energy concluded that modern power systems have a "significantly enhance[d] vulnerability and exposure to effects of a severe geomagnetic storm." The underlying reason may be seen at a glance in this plot:
Growth of the High Voltage Transmission Network and annual electric energy usage in the United States over the past 50 years. Credit: North American Electric Reliability Corporation and the US Dept. of Energy.
Since the beginning of the Space Age the total length of high-voltage power lines crisscrossing North America has increased nearly 10 fold. This has turned power grids into giant antennas for geomagnetically induced currents. With demand for power growing even faster than the grids themselves, modern networks are sprawling, interconnected, and stressed to the limit—a recipe for trouble, according to the National Academy of Sciences: "The scale and speed of problems that could occur on [these modern grids] have the potential to impact the power system in ways not previously experienced."
A large-scale blackout could last a long time, mainly due to transformer damage. As the National Academy report notes, "these multi-ton apparatus cannot be repaired in the field, and if damaged in this manner they need to be replaced with new units which have lead times of 12 months or more."
Permanent damage to the Salem New Jersey Nuclear Plant GSU Transformer caused by the March 13, 1989 geomagnetic storm. Photos courtesy of PSE&G. [larger image]
That is why a node-by-node forecast of geomagnetic currents is potentially so valuable. During extreme storms, engineers could safeguard the most endangered transformers by disconnecting them from the grid. That itself could cause a blackout, but only temporarily. Transformers protected in this way would be available again for normal operations when the storm is over.
The innovation of Solar Shield is its ability to deliver transformer-level predictions. Pulkkinen explains how it works:
"Solar Shield springs into action when we see a coronal mass ejection (CME) billowing away from the sun. Images from SOHO and NASA's twin STEREO spacecraft show us the cloud from as many as three points of view, allowing us to make a 3D model of the CME, and predict when it will arrive."
While the CME is crossing the sun-Earth divide, a trip that typically takes 24 to 48 hours, the Solar Shield team prepares to calculate ground currents. "We work at Goddard's Community Coordinated Modeling Center (CCMC)," says Pulkkinen. The CCMC is a place where leading researchers from around the world have gathered their best physics-based computer programs for modeling space weather events. The crucial moment comes about 30 minutes before impact when the cloud sweeps past ACE, a spacecraft stationed 1.5 million km upstream from Earth. Sensors onboard ACE make in situ measurements of the CME's speed, density, and magnetic field. These data are transmitted to Earth and the waiting Solar Shield team.
"We quickly feed the data into CCMC computers," says Pulkkinen. "Our models predict fields and currents in Earth's upper atmosphere and propagate these currents down to the ground." With less than 30 minutes to go, Solar Shield can issue an alert to utilities with detailed information about GICs.
Pulkkinen stresses that Solar Shield is experimental and has never been field-tested during a severe geomagnetic storm. A small number of utility companies have installed current monitors at key locations in the power grid to help the team check their predictions. So far, though, the sun has been mostly quiet with only a few relatively mild storms during the past year. The team needs more data.
"We'd like more power companies to join our research effort," he adds. "The more data we can collect from the field, the faster we can test and improve Solar Shield." Power companies work with the team through EPRI, the Electric Power Research Institute. Of course a few good storms would help test the system, too. They're coming. The next solar maximum is expected around 2013, so it's only a matter of time.
source
Senin, 25 Oktober 2010
China paper slams US after WikiLeaks claims
The comments in the China Daily come after Beijing criticised a report by a commission of US lawmakers and government officials that condemned an "increasingly harsh" crackdown by Beijing on rights activists and lawyers.
The issue of human rights is always a sensitive one in Sino-US relations. Earlier this month Washington called for the immediate release of jailed Chinese dissident Liu Xiaobo after he was awarded the Nobel Peace Prize.
The documents published by the whistleblowing website WikiLeaks appear to show that the US military turned a blind eye to evidence of torture and abuse of civilians by the Iraqi authorities.
"The magnitude of the crimes should make every righteous person angry. It again puts a big question mark against the US self-proclaimed image as the world human rights champion," the China Daily said in a commentary.
"For years, the US has been wielding the banner of human rights to criticise others, especially developing countries," it said.
"However, the US refuses to either clarify or rectify its own human rights violations as recorded by the WikiLeaks documents," it said, adding the documents let the world see through US "unilateralism and double standards".
"The US will lose credibility if it cannot face its own human rights violationssquarely," the China Daily said.
Human rights is one of a long list of issues that will likely be on the US agenda when Chinese President Hu Jintao visits Washington in January.
The world's top two economies have also been at odds in recent months over the value of the Chinese yuan, a litany of trade disputes, web censorship andUS arms sales to Taiwan.
Bank of America Acknowledges Foreclosure Errors
The Charlotte, North Carolina-based bank and mortgage lender already discovered flaws in 10 of the first 25 loan files analyzed as part of a massive investigation started last Monday.
The errors include a lack of signatures, improper paperwork, missing [...]"
Minggu, 24 Oktober 2010
Developing | Receiving reports of a meteorite striking near Denton today!
Tornado spotted dropping near Haltom City/Watauga border yesterday!
Thanks to Chase Boyer for the video per facebook!
Tornado Warning issued for Northeastern Texas(Bowie County)
Bowie (Texas)
TORNADO WARNING
TXC037-067-343-449-242100-
/O.NEW.KSHV.TO.W.0059.101024T2023Z-101024T2100Z/
BULLETIN - EAS ACTIVATION REQUESTED
TORNADO WARNING
NATIONAL WEATHER SERVICE SHREVEPORT LA
323 PM CDT SUN OCT 24 2010
THE NATIONAL WEATHER SERVICE IN SHREVEPORT HAS ISSUED A
* TORNADO WARNING FOR...
SOUTHWESTERN BOWIE COUNTY IN NORTHEAST TEXAS...
NORTHWESTERN CASS COUNTY IN NORTHEAST TEXAS...
CENTRAL MORRIS COUNTY IN NORTHEAST TEXAS...
EXTREME SOUTHEASTERN TITUS COUNTY IN NORTHEAST TEXAS...
* UNTIL 400 PM CDT
* AT 321 PM CDT...NATIONAL WEATHER SERVICE METEOROLOGISTS DETECTED A
SEVERE THUNDERSTORM CAPABLE OF PRODUCING A TORNADO NEAR CASON...OR
12 MILES EAST OF PITTSBURG...MOVING NORTHEAST AT 35 MPH.
* OTHER LOhttp://www.blogger.com/img/blank.gifCATIONS IN THE WARNING INCLUDE BUT ARE NOT LIMITED TO
OMAHA...ROCKY BRANCH AND NAPLES...
PRECAUTIONARY/PREPAREDNESS ACTIONS...
IN ADDITION TO THE TORNADO...THIS STORM IS CAPABLE OF PRODUCING
TENNIS BALL SIZE HAIL AND DESTRUCTIVE STRAIGHT LINE WINDS.
IF IN MOBILE HOMES OR VEHICLES...EVACUATE THEM AND GET INSIDE A
STURDY SHELTER. IF NO SHELTER IS AVAILABLE...LIE FLAT IN THE NEAREST
DITCH OR OTHER LOW SPOT AND COVER YOUR HEAD WITH YOUR HANDS.
&&
LAT...LON 3331 9456 3309 9441 3298 9481 3307 9488
TIME...MOT...LOC 2023Z 242DEG 30KT 3307 9475
$$
12
radar
Lauren Booth converts to Islam
Iran trip prompted journalist Lauren Booth to become a Muslim and wear a hijab
Tony Blair's sister-in-law has converted to Islam after having what she describes as a 'holy experience' during a visit to Iran.
Journalist and broadcaster Lauren Booth, 43 – Cherie Blair's sister – now wears a hijab whenever she leaves her home, prays five times a day and visits her local mosque whenever she can.
She decided to become a Muslim six weeks ago after visiting the shrine of Fatima al-Masumeh in the city of Qom.
'It was a Tuesday evening and I sat down and felt this shot of spiritual morphine, just absolute bliss and joy,' she said in an interview today.
When she returned to Britain, she decided to convert immediately.
Booth – who works for Press TV, the English-language Iranian news channel – has stopped eating pork and reads the Qur'an every day. She is currently on page 60.
Booth has stopped drinking alcohol and says she has not wanted to drink since converting.
Before her spiritual awakening in Iran, she had been 'sympathetic' to Islam and has spent considerable time working in Palestine, she said, adding that she hoped her conversion would help Blair change his presumptions about Islam.
Sabtu, 23 Oktober 2010
Was violence advocated by Thomas Jefferson on Nov 13, 1787
"God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty. ...What country before ever existed a century and half without a rebellion? And what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure."
Jumat, 22 Oktober 2010
Does the Dallas Democratic Party, Eddie Bernice Johnson accept drugs and prostitution
Kamis, 21 Oktober 2010
Little Rock | With recent rash of small earthquakes, FEMA director speaks preparedness
FEMA Administrator Craig Fugate Urges State Emergency Managers To Prepare For The Worst And Consider The Entire Community While Planning For Disaster
Release Date: October 20, 2010
Release Number: HQ-10-203
LITTLE ROCK, Ark. -- The Federal Emergency Management Agency (FEMA) Administrator Craig Fugate today urged state emergency managers from across the country to incorporate the needs and capabilities of the entire community, including children and people with disabilities, when planning for disaster response and recovery. In addition, Fugate also challenged participants to plan for worst case scenarios that go beyond the capabilities of government solutions, scenarios which he refers to as "Maximum of Maximums."
"Historically in emergency management we have only planned for what our capabilities can handle or only looked at what we can do to respond as government," said Fugate. "But what we really need to be doing is planning for disasters that go beyond our capabilities. That's why we have to look beyond our government-centric approach and see what outside resources we can bring to the table. We need to better engage our volunteer and non-profit partners, work with the private sector, and most importantly involve the public. And through all this planning we can't lose focus on the communities we serve. We have to remember: It's not about process, it's about the products; it's not about the incident, it's about the individual."
Fugate made his remarks during the National Emergency Management Association's annual conference, which brings together state emergency management officials from around the country.
Fugate also pointed out that FEMA is trying to lead by example in these areas, having recently hosted the first ever National "Getting Real" Conference to bring together leaders from the emergency management and disability communities to discuss strategies to integrate the entire community into emergency planning. Also, last month, FEMA hosted a Latino Leadership Summit, and in May FEMA hosted the Black Leadership Forum. Both gatherings were designed to engage stakeholders in discussions about how to better involve the entire community in emergency planning.
Prior to joining FEMA 18 months ago, Administrator Fugate served as the Director of the Florida Division of Emergency Management. Fugate began his emergency management career as a volunteer firefighter, Emergency Paramedic, and finally as a Lieutenant with the Alachua County Fire Rescue.
Follow FEMA online at www.twitter.com/fema, www.facebook.com/fema, and www.youtube.com/fema. Also, follow Administrator Craig Fugate's activities at www.twitter.com/craigatfema. The social media links provided are for reference only. FEMA does not endorse any non-government websites, companies or applications.
FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond
Grapevine Clinic Charged With Offering Unauthorized Birth Control Products
FOR IMMEDIATE RELEASE October 21, 2010 www.texasattorneygeneral.gov Subscribe to E-News | CONTACT Press Office at (512) 463-2050 | |||
Grapevine Clinic Charged With Offering Unauthorized Birth Control Products Women’s Integrated Healthcare cited for purchasing and selling unapproved IUDs to patients | ||||
FORT WORTH – Texas Attorney General Greg Abbott today took legal action against a Grapevine women’s health clinic for purchasing and selling intrauterine devices (IUDs) that were not approved for sale in the United States. The State’s legal action stems from a referral by the Texas Department of State Health Services (DSHS). It names Women’s Integrated Healthcare, P.A. and six of its physicians as defendants: Angela L. Cope, M.D.; Barbara Coulter-Smith, D.O.; Katrina E. Allen, M.D.; Courtney Walters, M.D.; Monica E. Lopez, M.D.; and Wendy A. Kendrick, D.O.
According to court documents filed by the State, Women’s Integrated Healthcare first obtained unapproved IUDs in April 2008. The IUDs were ordered from an online Canadian pharmacy called Medisave. Although the manufacturer, Bayer, produces Mirena® IUDs that are approved for use in the U.S. by the Food and Drug Administration (FDA), the defendants sought to reduce acquisition costs and thus purchased unapproved IUDs. |
7 people shot in 24 hours within Dallas proper
Rabu, 20 Oktober 2010
Complaint filed today against city of Dallas for violating (TOMA)
b) In addition to the other place at which notice is required to be posted by this subchapter, the following governmental bodies and economic development corporations must also concurrently post notice of a meeting on the Internet website of the governmental body or economic development corporation:
(1) a municipality;
(c) The following governmental bodies and economic development corporations must also concurrently post the agenda for the meeting on the Internet website of the governmental body or economic development corporation:
(1) a municipality with a population of 48,000 or more;
Governmental body complained of: City of Dallas Secretary's office
Time of place of the alleged violation: 2:20 PM, October 20, 2010
General description of the violation:
City of Dallas violated the Texas Open Meetings Act by not posting the agenda of the Dallas Housing and Acquisition Development Corp. meeting within a 72 hour period. If you go to the city secretary's website, all other posted meetings all have agendas attached; the DHADC link has no agenda.
Brandon P. Reed
signature
Dallas environmental coordinator talks sustainability and Green Dallas
What If Christine O'Donnell Were Right About The First Amendment?
The concept of separation of church and state is not, indeed, in the wording of the First Amendment. Rather, as explained in the 1984 U.S. Supreme Court decision in Lynch v. Donelly:
This Court has explained that the purpose of the Establishment and Free Exercise Clauses of the First Amendment is
to prevent, as far as possible, the intrusion of either [the church or the state] into the precincts of the other.
Lemon v. Kurtzman, 403 U.S. 602, 614 (1971).
At the same time, however, the Court has recognized that
The reference to Jefferson relates to this passage from a letter Jefferson wrote in 1802, as recited in the 1878 case Reynolds v. United States (emphasis mine):total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable.Ibid. In every Establishment Clause case, we must reconcile the inescapable tension between the objective of preventing unnecessary intrusion of either the church or the state upon the other, and the reality that, as the Court has so often noted, total separation of the two is not possible. [p673]
The Court has sometimes described the Religion Clauses as erecting a 'wall' between church and state, see, e.g., Everson v. Board of Education, 330 U.S. 1, 18 (1947). The concept of a 'wall' of separation is a useful figure of speech probably deriving from views of Thomas Jefferson. [n1] The metaphor has served as a reminder that the Establishment Clause forbids an established church or anything approaching it. But the metaphor itself is not a wholly accurate description of the practical aspects of the relationship that in fact exists between church and state.
'Believing with you that religion is a matter which lies solely between man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of the government reach actions only, and not opinions -- I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion or prohibiting the free exercise thereof,' thus building a wall of separation between church and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore man to all his natural rights, convinced he has no natural right in opposition to his social duties.'So, O'Donnell unquestionably did not agree with the popular liberal conception that the First Amendment by its written terms requires a "separation of church and state," but she was not wrong.
And what an embarrassment to Widener Law School that as soon as O'Donnell questioned whether "separation of church and state" was in the First Amendment, the crowd erupted with gasps of disbelief and mocking laughter.
And if O'Donnell's imperfect -- or perhaps nuanced? -- understanding of the First Amendment were so outrageous, how about the inability of Chris Coons, a Yale Law School graduate, to identify the other freedoms protected by the First Amendment, and his misquoting the text of the First Amendment in his challenge to O'Donnell:
'Government shall make no establishment of religion,' Coons responded, reciting from memory the First Amendment to the U.S. Constitution. (Coons was off slightly: The first amendment actually reads 'Congress shall make no law respecting an establishment of religion.')Ann Althouse has more on how Coons simply was wrong in his quotation of the First Amendment (which led to, and how the press has taken O'Donnell's comments out of context:
O'Donnell reacts: 'That's in the First Amendment?' And, in fact, it's not. The First Amendment doesn't say 'government.' It says 'Congress.' And since the discussion is about what local school boards can do, the difference is highly significant.A literal reading of O'Donnell's comments reflects that she was correct, but of course, the press and the blogosphere don't want a literal reading, they want a living, breathing reading which comports with their preconceived notions.
Also, it isn't 'shall make no establishment of religion.' It's 'shall make no law respecting an establishment of religion.' There's a lot one could say about the difference between those 2 phrases, and I won't belabor it here. Suffice it to say that it was not stupid for O'Donnell to say 'That's in the First Amendment?' — because it's not. Coons was presenting a version of what's in the cases interpreting the text, not the text itself.
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