Law – Historical Easter Eggs

March 28, 1892 The Other Capone

The 20th century personification of a 19th century wild west gunfighter, no one suspected Richard James Hart to be the brother of the infamous gangster, Al Capone.

A boy was born on this day in 1892 in the south of Italy, James Vincenzo, the first son of a barber named Gabriele Capone and his wife, Teresa. A second son named Ralph came along before the small family emigrated to the United States in pursuit, of a better life.

Gabriele and Teresa would have seven more children in time: Frank and Alphonse followed by Ermina who sadly died in infancy, followed by John, Albert, Matthew and Mafalda.

Most of the brothers followed a life of petty crime but not Vincenzo, the first-born who would often take the ferry to Staten Island to escape the overcrowded mayhem, of the city.

Vincenzo got a job there with help from his father. He was cleaning stables and learning how to care for horses. There he learned to ride and preferred the more “American sounding” part of his name, “James”.

James’ newfound love of horses led to a fascination with Buffalo Bill Cody and the “Wild West” shows, popular at this time. At sixteen he joined the circus, and left the city for good. His family had no idea where he had gone until a letter, about a year later. He was in Kansas he wrote, working as a roustabout with a traveling circus.

This was the age of the silent film, William S. Hart one of the great “cowboy” stars of the era. Hart was larger than life, the six-gun toting cow-punching gunslinger from a bygone era.

The roustabout idolized the silent film star and adopted his mannerisms, complete with low-slung six-shooters, red bandanna and ten-gallon hat. He worked hard to lose his Brooklyn accent and explained his swarthy complexion, explaining he was part native American.

James even adopted the silent film star’s name and enlisted in the Army as Richard James Hart claiming to be a farmer, from Indiana. Some stories will tell you that Hart fought in France and rose to the rank of Lieutenant, in the military police. Others will tell you he joined the American Legion after the war only to be thrown out when it was learned, the whole story was fake.

Be that as it may, Vincenzo legally changed his name to Richard James Hart.

Richard Hart stepped off the freight train in 1919, a walking, talking anachronism. The personification of a 19th century Wild West gunfighter, from his cowboy boots to the embroidered vest to that broad-brimmed Stetson hat. This was Homer Nebraska, a small town of about 500, some seventeen miles from Sioux City Iowa.

He claimed to be a hero of the Great War, personally decorated by General John J. Pershing. Intelligent, ambitious and not the least afraid of hard work, Hart took jobs as paper hanger, house painter, whatever it took.

He was short and powerfully built with the look of a man who carried mixed Indian or Mexican blood, regaling veterans at the local American Legion with tales of his exploits, against the Hun.

The man could fight and he knew how to use those guns, amazing onlookers with feats of marksmanship behind the Legion post.

Any doubts concerning the man’s physical courage were put to rest that May when a flash-flood nearly killed the Winch family of neighboring Emerson, Nebraska. Dashing across the raging flood time after time, two-gun Hart brought the family to safety. Nineteen-year-old Kathleen was so taken with her savior she married him that Fall, a marriage which produced four sons.

The small town was enthralled by this new arrival, the town council appointing Hart as Marshall. He was a big fish in a small pond, elected commander of the Legion post and district commissioner for the Boy Scouts of America.

The 18th Amendment to the Constitution was ratified on January 16 of that year, the Volstead Act passed by the United States Congress over the veto of President Woodrow Wilson. “Prohibition” was now the law of the land, making it illegal to produce, import, transport or sell intoxicating liquor.

Richard Hart became a prohibition agent in the Summer of 1920 and went immediately to work, destroying stills and arresting area bootleggers.

Hart was loved by temperance types and hated by the “wets”, famous across the state of Nebraska. The Homer Star reported that this hometown hero was “becoming such a menace in the state that his name alone carries terror to the heart of every criminal.”

Officials at the federal Bureau of Indian Affairs took note and before long, Hart was performing the more difficult (and dangerous) job of liquor suppression on the reservations.

Hart brought his chaps and six-shooters to South Dakota where the Yanktown reservation superintendent reported to his superiors in Washington “I wish to commend Mr. Hart in highest terms for his fearless and untiring efforts to bring these liquor peddlers and moonshiners to justice. …This man Hart is a go-getter.”

Hart became proficient in Lakota and Omaha dialects. Tribal leaders called him “Two Gun”, after the twin revolvers he wore. Some members of the Oglala tribe called him “Soiko”, a name roughly translating as “Big hairy boogey-man”.

By 1927, Two-Guns Hart had achieved such a reputation as to be appointed bodyguard to President Calvin Coolidge, on a trip through the Black Hills of South Dakota.

By 1930, Richard James Hart was so famous a letter addressed only as “Hart” and adorned with a sketch of two pistols, arrived to his attention.

Hart became livestock inspector after repeal of prohibition, and special agent assigned to the Winnebago and Omaha reservations. He was re-appointed Marshall of his adopted home town but, depression-era Nebraska was tough. The money was minuscule and the Marshall was caught, stealing cans of food.

The relatives of one bootlegging victim from his earlier days tracked him down and beat him so severely with brass knuckles, the prohibition cowboy lost the sight of one eye.

Fellow members of the American Legion had by this time contacted the Army, only to learn that Hart’s World War 1 tales were fake. His namesake Richard Jr. went on to lose his life fighting for the nation in World War 2. but Richard himself was never in the Army.

Turns out that other parts of the lawman’s story were phony, too. A good story but altogether fake. Like the Italian-American actor Espera Oscar de Corti better known character “Iron Eyes Cody”, the “crying Indian”, who possessed not a drop of native American blood.

The lawman had left the slums of Brooklyn to become a Prohibition Cowboy while his little brother Alphonse, pursued a life of crime.

A Trivial Matter

James Vincenzo Capone’s strange double-life came to the public eye for the first time in 1951, when defense attorneys subpoenaed Richard Hart to testify on behalf of his brother Ralph. Hart faded into anonymity following a rash of newspaper stories, and died within a year in the small Nebraska town where he stepped off that freight train, some 33 years earlier.

September 5, 1698 Death and Taxes

In ancient Egypt, Pharaoh levied a tax on cooking oil. It was illegal to re-use the stuff, but no worries. There was a state-run monopoly on cooking oil, coincidentally run by Pharaoh. Imagine that.

It’s been said there are only two sure things in life. None of us get out of here alive, and the government thinks it’s entitled to what you earn. Or something like that.

There have always been taxes, but over the years some governments have come up with truly imaginative ways to fleece their citizens.

Twenty-eight countries around the world have a “Telly Tax” paid in the form of a broadcast receiving license. There’s good news though, the British government will waive half of it, if you can prove you’re legally blind.

This is in addition to the council tax, income tax, fuel tax, road tax, value added tax, pasty tax, national insurance, business rates, stamp duty, and about a thousand other taxes. But hey, the health care is free.

Tennessee passed a “Crack Tax” on illegal drugs in 2005, which drug dealers were expected to pay anonymously in exchange for a tax stamp (don’t ask). The measure was found unconstitutional in 2009, on grounds that it violated the drug dealer’s fifth amendment right to protection from self-incrimination.

Milwaukee attorney Robert Henak became a collector of state drug tax stamps, not long after helping to overturn Wisconsin’s crack tax on similar grounds.

Undeterred, then-Governor Elliott Spitzer proposed a tax on illegal drugs as part of the Empire State’s 2008-’09 budget, making New York the 30th state to pass such a measure. “Mr. Clean” stepped down in a hooker scandal, amid threats of impeachment by state lawmakers. The state Senate passed a budget resolution the following day, specifically rejecting the crack tax.

Massachusetts will charge you a “meals tax” on five donuts, but not 6. Good to know, next time you want to plow into a box of donuts in one sitting.

Illinois taxes candy at a higher rate than food. Any item containing flour or requiring refrigeration is taxed at the lower rate, because it’s not candy. So, yogurt covered raisins are candy, but yogurt covered pretzels are food. Baby Ruth bars are candy, but Twix bars are food. Get it? Neither do I.

New Zealand proposed a tax on bovine flatulence in 2003, to curb “Global Warming”. The fuss raised by New Zealand farmers over a tax on cow farts, was near-measurable on the Richter scale. Red-faced politicians quietly dropped the proposal.

President Obama levied a 10% tax on indoor tanning in 2010, leading to 10,000 of the nation’s 18,000 tanning salons closing, with a loss of 100,000 jobs. The measure may actually have had a net negative effect on treasury proceeds.

In 1662, King Charles II levied a tax on fireplaces. Britons hurried to brick up fireplaces to avoid the hearth tax, preferring to shiver rather than pay up. The village baker in Churchill in Oxfordshire knocked out the wall from her oven to avoid the tax and, unsurprisingly, burned the whole village down.

The idea worked so swell that England introduced a property tax in 1696, based on the number of windows in your home. Homeowners bricked up windows to avoid the tax, leaving them ready to be re-bricked and glazed, should such an opportunity ever arise.

The English government repealed a window tax in 1851 and France in 1926, but you can still find homes with bricked up windows. Perhaps they’re getting ready for window tax version 2.0. Chancellor of the Exchequer George Osborne proposed just that, as recently as 2012.

In 2004, the Maryland Legislature passed a monthly fee on sewer bills, ostensibly to protect the Chesapeake Bay and Atlantic tributaries. You pee, you poo, you pay. The fee doubled in 2012, the year in which Governor Martin O’Malley signed a tax – on rain.

At one point, Holland levied a tax on the width of homes. Not surprisingly, the skinniest house in the world can be found at Singel 7, in Amsterdam. It’s a meter across, barely wider than its own door.

By all means tat yourself up if you like. Just don’t do it in Arkansas where tattoos, body piercings and electrolysis is subjected to a 6% sales tax.

On September 5, 1698, Czar Peter I was just returned from a trip to Europe, hot to “modernize” the Russian empire. All those European guys were clean shaven, so Peter introduced a tax on beards.

When you paid your beard tax of 100 Rubles, (peasants and clergy were exempt), you had to carry a “beard token”. Two phrases were inscribed on the coin: “The beard tax has been taken” and “The beard is a superfluous burden”. Failure to shave or pay the tax might lead to your beard being forcibly cut off your face. Some unfortunates had theirs pulled out by the roots, by Peter himself.

An anti-religious man and a Big fan of Voltaire and the secular humanist philosophers, ol’ Pete passed a tax on souls in 1718, joining the Russian levy on beehives, horse collars, hats, boots, basements, chimneys, food, clothing, all males, birth, death and marriage.

When Henry I reigned over England (1100 – 1135), people who avoided military service were charged a “Cowardice Tax”, called a ”Scutage”. The levy was modest at first, but Richard Lionheart’s little brother John raised it by 300% when he became King, charging even his own knights during years when there were no wars. It’s no small part of what led to the Magna Carta.

Often, taxes are used to shape social policy.

In 1862, the California legislature passed a tax on Chinese residents, entitled “An Act to Protect Free White Labor against Competition with Chinese Coolie Labor, and to Discourage the Immigration of Chinese into the State of California.”

The new law levied a tax of $2.50 per month on every ethnically Chinese individual residing within the state, and followed a gold rush era measure levying a tax of $3.00 a month on all Chinese miners. This at a time when the average gold miner made $6 per month.

In 1795, British prime minister William Pitt (the Younger) levied a tax on wig powder. By 1820, powdered wigs were out of style.

In New Jersey you can buy a pumpkin free of tax, until it been painted, varnished or cut up, for decoration. Then you’ll be charged a sales tax.

Pious politicians can’t resist “sin taxes”, “nudging” citizens away from the likes of evil weed and John Barleycorn, all the while making the self-righteous and the virtue-signaling feel good about themselves.

New Mexico likes competitive sports just fine but, games of chance like bingo or raffles? That’ll cost you another half-point.

I wonder. If cigarette taxes are supposed to encourage smoking cessation and taxes on Chinese were supposed to decrease competition from coolie labor, what are income taxes are supposed to do?

Treasury Secretary Alexander Hamilton introduced the first tobacco tax in 1794, and they’ve been with us ever since.

Federal and state governments both get their vig on a pack of butts, ranging from 30 cents a pack in Virginia, to $4.35 in New York. Throw in the taxes levied by counties, municipalities, local subdivisions and Boy Scout Councils (kidding), and people really do change behavior. Just, not always in the intended direction. There is a tiny Indian reservation on Long Island, home to a few hundred and measuring about a square mile. Their cigarette taxes are near zero and, until recently, tribal authorities sold about a hundred million packs a year.

European governments levied a tax on soap in the middle ages, leading to memorable moments in personal hygiene, I’m sure.

In ancient Egypt, Pharaoh levied a tax on cooking oil. It was illegal to re-use the stuff, but no worries. There was a state-run monopoly on cooking oil, coincidentally run by Pharaoh. Imagine that.

In the first century AD, Roman Emperors Nero and Vespasian levied a tax on pee. Honest. In those days, the lower classes pissed into pots which were emptied into cesspools.

Urine was collected for a number of chemical processes such as tanning, and it did a swell job whitening those woolen togas. When Vespasian’s son Titus complained about the disgusting nature of the tax his father showed him a gold coin, saying “Pecunia non olet”. “Money does not stink”.

To this day, Italian public urinals are called vespasiani. In France they’re vespasiennes. And if you need to pee in Romania, you could visit the vespasiene.

My personal favorite might be the long distance tax that used to appear on American phone bills. This one began as a “Tax the Rich” scheme, first implemented to pay for the Spanish-American war, in 1898. Nobody ever made long distance phone calls but rich guys, right? It took a lawsuit to end the damned thing which was finally discontinued, in 2005. We can’t be too hasty about these things.

June 14, 1775 The United States Army

President Woodrow Wilson marked the 1777 declaration in 1916 by declaring June 14 as national Flag Day. So it is we observe Flag Day and the birth of the United States Army alike, on June 14.

On May 10, 1775, twelve colonies convened the second Continental Congress in Philadelphia, Pennsylvania. One colony was absent at the time, Georgia would come later, arriving on July 20 following their own Provincial Congress.

The Revolution had begun in April that year, with the battles of Lexington and Concord. A primary focus of the Second Continental Congress was to manage the war effort.

The fledgling United States had no Army at this time, relying instead on ad hoc militia units organized by the colonies themselves. At this time there were approximately 22,000 such troops surrounding British forces occupying Boston, with another 5,000 or so in New York.

The Continental Congress established the ‘American Continental Army’ on June 14, 1775, authorizing 10 companies of ‘expert riflemen,’ to serve as light infantry in the siege of Boston. The next day the Congress unanimously selected George Washington to be General and Commander in Chief of all continental forces.

Two years later and also on this day the 2nd Continental Congress passed a resolution, stating that “the flag of the United States be 13 stripes, alternate red and white,” and that “the union be 13 stars, white in a blue field, representing a new constellation.”

President Woodrow Wilson marked the day in 1916 by declaring June 14 as national Flag Day. So it is we observe Flag Day and the birth of the United States Army alike, on June 14.

Other branches of the Armed services were quick to follow the establi9shment, of the Continental Army. The Navy was formed in October 1775, the Marine Corps in November. 18^th century revenue cutter and rescue operations led to the formation of the United States Coast Guard in January 1915. The Air Force spun off of the Army Air Corps in September 1947.

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Discussions for a Space force, the last of eight uniformed services and six co-equal branches of US Armed Forces began as early as 1958. The idea gained new impetus with a June 2018 order from then President Donald Trump, directing the Department of Defense begin the necessary steps to establish such an agency as a part of the US Armed Forces.

Formally established in December 2019 the Space Force was mocked in some corners. It is difficult to understand why. A dull child could easily see the strategic importance of such an organization, national defense leaning as it does on space in the modern era for navigation, intelligence, missile warning, communications, weather and precision-guided munitions, and more. This is to say nothing of the many uses we all find for satellites in our day-to-day lives.

Most of the Continental Army was disbanded following the Treaty of Paris ended the war in 1783. The 1st and 2nd Regiments remained to become the basis of the Legion of the United States in 1792, under General Anthony Wayne. These two became the foundation of the United States Army, in 1796.

Speaking on Armed Services Day in 1953, President Dwight David Eisenhower said: “It is fitting and proper that we devote one day each year to paying special tribute to those whose constancy and courage constitute one of the bulwarks guarding the freedom of this nation and the peace of the free world.”

On the other days of the year, you might well say you can thank a teacher that you can read this essay. Today, you can thank a soldier that you can read it in English. Happy birthday, United States Army.

March 28, 1892 Two-Gun Hart, Prohibition Cowboy

Hart was loved by temperance types and hated by the “wets”, and famous across the state of Nebraska. The Homer Star reported that this hometown hero was “becoming such a menace in the state that his name alone carries terror to the heart of every criminal.”

A boy was born on this day in 1892 in the south of Italy, James Vincenzo, the first son of a barber named Gabriele and his wife, Teresa. A second son named Ralph came along before the small family emigrated to the United States in pursuit, of a better life.

Gabriele and Teresa would have seven more children in time: Frank and Alphonse followed by Ermina who sadly died in infancy, John, Albert, Matthew and Mafalda.

Most of the brothers followed a life of petty crime but not Vincenzo, the first-born who would often take the ferry to Staten Island to escape the overcrowded mayhem, of the city.

Vincenzo got a job there with help from his father. He was cleaning stables and learning how to care for horses. He even learned to ride and preferred the more “American sounding” part of his name, of “James”.

James newfound love of horses led to a fascination with Buffalo Bill Cody and the “Wild West” shows, popular at this time. At sixteen he left the city for good. James family had no idea where he had gone until a letter, a year later. James was in Kansas he wrote working as a roustabout, with a traveling circus.

This was the age of the silent film, William S. Hart one of the great “cowboy” stars of the era. Hart was larger than life, the six-gun toting cow-punching gunslinger from a bygone era.

The roustabout idolized the silent film star and adopted his mannerisms, complete with low-slung six-shooters, red bandanna and ten-gallon hat. He worked hard to lose his Brooklyn accent and explained his swarthy southern Italian color, saying he was part native American.

Be that as it may Vincenzo legally changed his name to Richard James Hart.

Richard Hart stepped off the freight train in 1919, a walking, talking anachronism. He was a 19th century Wild West gunfighter, from his cowboy boots to his embroidered vest to that broad-brimmed Stetson hat. This was Homer Nebraska, a small town of about 500, some seventeen miles from Sioux City Iowa.

He claimed to be a hero of the Great War, personally decorated by General John J. Pershing. Intelligent, ambitious and not afraid of a little hard work, Hart took jobs as paper hanger, house painter, whatever it took.

He was short and powerfully built with the look of a man who carried mixed Indian or Mexican blood, regaling veterans at the local American Legion with tales of his exploits, against the Hun.

The man could fight and he knew how to use those guns, amazing onlookers with feats of marksmanship behind the Legion post.

Any doubts about Hart’s physical courage were put to rest that May when a flash-flood nearly killed the Winch family of neighboring Emerson Nebraska. Hart dashed across the raging flood time after time to bring the family to safety. Nineteen-year-old Kathleen was so taken with her savior she married the man that Fall, a marriage that later produced four boys.

The 18th Amendment to the Constitution was ratified on January 16 of that year, the Volstead Act passed by the United States Congress over the veto of President Woodrow Wilson on October 29. “Prohibition” was now, the law of the land. It was now illegal to produce, import, transport or sell intoxicating liquor.

Richard Hart became a prohibition agent in the Summer of 1920 and went immediately to work, destroying stills and arresting area bootleggers.

Officials at the federal Bureau of Indian Affairs took note and before long, Hart was performing the more difficult (and dangerous) job of liquor suppression on the reservations.

two-gun-hart-lawman-cowboy-and-longlost-brother-of-al-capone-1-638

Hart brought his chaps and his six-shooters to South Dakota where the Yanktown reservation superintendent reported to his superiors in Washington “I wish to commend Mr. Hart in highest terms for his fearless and untiring efforts to bring these liquor peddlers and moonshiners to justice. …This man Hart is a go-getter.”

By 1927, Two-Guns Hart had achieved such a reputation as to be appointed bodyguard to President Calvin Coolidge, on a trip through the Black Hills of South Dakota.

By 1930, Richard James Hart was so famous a letter addressed only as “Hart” and adorned with a sketch of a brace of pistols, arrived to his attention.

The relatives of one bootlegging victim from his earlier days tracked him down and beat him so severely with brass knuckles, the prohibition cowboy lost his sight sight in one eye.

Fellow members of the American Legion had by this time contacted the Army to learn Hart’s WW1 tales, were fake. Richard James Hart was never in the Army though his namesake Richard Jr. died fighting for the nation, in World War 2.

Turns out that other parts of the lawman’s story were phony, too. A good story but altogether fake, just like the Italian American actor Espera Oscar de Corti better known character “Iron Eyes Cody” the “crying Indian”, who possessed not a drop of native American blood. Nor did the mixed native American pretender, Richard James Hart.

The lawman had left the slums of Brooklyn to become a Prohibition Cowboy while that little brother Alphonse, pursued a life of crime. Richard James Hart was James Vincenzo Capone, long lost brother of Alphonse “Scarface” Capone.

A Trivial Matter

James Vincenzo Capone’s strange double-life came to the public eye for the first time in 1951, when defense attorneys subpoenaed Richard Hart to testify on behalf of his brother Ralph Capone. Hart faded into anonymity following a rash of newspaper stories, and died within a year at his adopted home town of Homer, the small Nebraska town where he stepped off that freight train, some 33 years earlier.

April 6, 1933 New Beer’s Eve

The night before Roosevelt’s law went into effect was April 6, 1933. Beer lovers lined up at the doors of their favorite watering holes waiting for their first legal beer in thirteen years.

Given the right combination of sugars, nearly any cereal will undergo simple fermentation, due to the presence of wild yeasts in the air. In all likelihood our cave-dwelling ancestors experienced their first beer, as the result of this process.

In the 18,000-year old Wadi Kubbaniya in upper Egypt, starch dusted stones and the remains of doum-palm and chamomile indicate “it’s very likely they were making beer there” according to University of Pennsylvania archaeologist, Dr. Patrick McGovern.

Chemical analysis of pottery shards date the earliest barley beer to 3400BC in the Zagros Mountains of Iran.

Tacitus maligned the bitter brew of the Germanic barbarians. Wine seemed better suited to the sensibilities of the Roman palate, even so, letters from Roman cavalry commanders of the Roman Britain period, c. 97-103 AD, include requests for more “cerevisia“, for the legionaries.

In North and South America, native peoples brewed fermented beverages from local ingredients including agave sap, the first spring tips of the spruce tree, and maize.

Pilgrims left the Netherlands city of Leiden in 1620, hoping not for the frozen, rocky soil of New England, but for rich farmland and a congenial climate in the New World. Lookouts spotted the wind-swept shores of Cape Cod on November 9, 1620 and may have kept going, had there been enough beer. A Mayflower passenger wrote in his diary: “We could not now take time for further search… our victuals being much spent, especially our beer…”

Prior to the invention of the drum roaster in 1817, malt was typically dried over wood, charcoal or straw fires leaving a smoky quality which would seem foreign to the modern beer drinker. William Harrison wrote in his “Description of England” in 1577, “For the wood-dried malt, when it is brewed, beside that the drink is higher of colour, it doth hurt and annoy the head of him that is not used thereto, because of the smoke“.

Smoky flavor didn’t trouble the true aficionado of the age. When the Meux Brewery casks let go in 1814 spilling nearly 400,000 gallons onto the street, hundreds of Brits hurried to scoop the stuff up in pots and pans. Some got down on all fours and lapped it up off of the street, doggy-style.

1,389 were trampled to death and another 1,300 injured in a stampede for the suds when someone thought the beer had run out at the coronation of Czar Nicholas II, in 1896.

The 18th amendment, better known as “prohibition”, went into effect at midnight, January 16, 1920. For thirteen years it was illegal to import, export, transport or sell liquor, wine or beer in the United States.

Portable stills went on sale within a week, and organized smuggling was quick to follow. California grape growers increased acreage by over 700% over the next five years, selling dry blocks of grapes as “bricks of rhine” or “blocks of port”. The mayor of New York City sent instructions to his constituents, on how to make wine.

Smuggling operations became widespread as cars were souped up to outrun “the law”. This would lead to competitive car racing, beginning first on the streets and back roads and later moving to dedicated race tracks. It’s why we have NASCAR, today.

Organized crime became vastly more powerful due to the influx of enormous sums of cash. The corruption of public officials was a national scandal.

Gaining convictions became increasingly difficult for breaking a law that everyone hated. There were over 7,000 prohibition related arrests in New York alone between 1921 and 1923. Only 27 resulted in convictions.

The federal government went so far as to deliberately poison denatured alcohol to discourage its “renaturing” resulting in no fewer than 10,000 dead. Even so, the writing was on the wall. Not even poisonous hooch was going to keep the determined reveler, from enjoying a drink.

At last even John D. Rockefeller, Jr., the lifelong teetotaler who contributed $350,000 to the Anti-Saloon League, had to announce support for repeal.

It’s difficult to compare rates of alcohol consumption before and during prohibition. If death by cirrhosis of the liver is any indication, alcohol consumption never decreased by more than 10 to 20 per cent.

President Franklin Delano Roosevelt signed the Cullen–Harrison Act into law on March 22, 1933 with the quip, “I think this would be a good time for a beer.” The law went effect on April 7. For the first time in 13 years Americans could once again buy, sell and legally enjoy a beer containing up to 3.2% alcohol.

A team of draft horses hauled a wagon up Pennsylvania Avenue, delivering a case of beer to the White House. It was the first public appearance of the now-famous, Budweiser Clydesdales.

“Dry” leaders tried to prohibit consumption of alcohol on military bases in 1941, but authorities claimed it was good for morale. Brewers were required to allocate 15% of total annual production to be used by the armed forces. So essential were beer manufacturers to the war effort that teamsters were ordered to end a labor strike against Minneapolis breweries. Near the end of WWII, the army made plans to operate recaptured French breweries, to ensure adequate supplies for the troops.

18 states continued prohibition at the state level after national repeal, the last state finally dropping it in 1966. Almost 2/3rds of all states adopted some form of local option, enabling residents of political subdivisions to vote for or against local prohibition. Some counties remain dry to this day. Ironically, Lynchburg County, Tennessee, home to the Jack Daniel distillery, is one such dry county.

The night before Roosevelt’s law went into effect was April 6, 1933. Beer lovers lined up at the doors of their favorite watering holes waiting for their first legal beer in thirteen years. A million and a half barrels of the stuff were consumed the following day, a date remembered to this day as “National Beer Day”.

So it is we remember, from that day to this. April 6. “New Beer’s Eve”.

Sláinte.

For every wound, a balm.
For every sorrow, cheer.
For every storm, a calm.
For every thirst, a beer.

Irish toast, author unknown

March 21, 1905 A Genetic Threat to Society

In the 19th century, Francis Galton studied the theories of his cousin Charles Darwin on the evolution of species, applying these ideas to a system of selective breeding intended to bring “better” human beings into the world. He called it his theory of “Eugenics”.

In 380BC, Plato described a system of state-controlled human breeding. In the Socratic dialogue “The Republic” Plato introduced a “guardian class” to watch over over the ideal society.

Eugenics gained worldwide respectability in the early 20th century, when countries from Brazil to Japan adopted policies regarding the involuntary sterilization of certain mental patients.

“Better Babies” competitions sprang up at state fairs across the United States. Babies were measured, weighed, and “judged”, like livestock. By the 1920s, such events had evolved into “Fitter Family” competitions.

One of the leaders of the eugenics movement was the pacifist and Stanford University professor, David Starr Jordan. After writing several books on the subject, Jordan became a founding member of the Eugenics Committee of the American Breeders Association. The higher classes of American society were being eroded he argued, by the lower class. Careful, selective breeding were required to preserve the nation’s “upper crust”.

Judging babies at the state fair, in 1900

Margaret Higgins Sanger believed that birth control should be compulsory for “unfit” women. She claimed that these mothers “recklessly perpetuated their damaged genetic stock by irresponsibly breeding more children in an already overpopulated world.”

An early advocate for birth control, Sanger has her supporters to this day, including former Presidential candidate Hillary Rodham Clinton. “I admire Margaret Sanger enormously”, Clinton said. “Her courage, her tenacity, her vision…” Time Magazine points out that “Sanger opened the first birth-control clinic in the United States”, describing her as “An advocate for women’s reproductive rights who was also a vocal eugenics enthusiast…”

Detractors have described Sanger as a “thoroughgoing racist”, citing her own words in What Every Girl Should Know, published in 1910: “In all fish and reptiles where there is no great brain development, there is also no conscious sexual control. The lower down in the scale of human development we go the less sexual control we find. It is said that the aboriginal Australian, the lowest known species of the human family, just a step higher than the chimpanzee in brain development, has so little sexual control that police authority alone prevents him from obtaining sexual satisfaction on the streets”.

Admire or detest the woman as you choose, Sanger’s work established organizations. These evolved into what we know today, the Planned Parenthood Federation of America.

Around the world, such ideas took the form of involuntarily terminated pregnancies, compulsory sterilization, euthanasia and, in the case of Nazi Germany, mass extermination.

Madison Grant, the New York lawyer best known for his work in developing the discipline of wildlife management, was a leader in the eugenics movement, once receiving an approving fan letter from none other than Adolf Hitler.

Public policy and academic types conducted three international eugenics conferences to discuss the application of programs to improve human bloodlines. The first such symposium convened in London in 1912, discussing papers on “racial suicide” and similar topics. Presiding over the conference was none other than Major Leonard Darwin, the son of Charles Darwin, with Harvard president emeritus Charles William Eliot serving as vice President.

The 1912 conference was followed by two more in 1921 and 1932, both held in New York City. Colleges and universities delved into eugenics as academic discipline, with courses exploring the ethical and public policy considerations of eliminating the “degenerate” and “unfit”.

In Pennsylvania, 270 involuntary sterilizations were performed without benefit of law, between 1892 and 1931. On March 21, 1905, the Pennsylvania legislature passed “An Act for the Prevention of Idiocy”, requiring that every institution in the state entrusted with the care of “ idiots and imbecile children”, be staffed by at least one skilled surgeon, whose duty it was to perform surgical sterilization. The bill was vetoed by then-Governor Samuel Pennypacker, only to return in 1911, ’13, ’15, ’17, ’19, and again in 1921.

By the height of the eugenics movement, some 30 states had passed legislation, legalizing the involuntary sterilization of individuals considered “unfit” for reproduction. All told, some 60,000 individuals were forcibly sterilized in state-sanctioned procedures.

In 1945 the state of California required Charles Follett to undergo an involuntary vasectomy. His crime? Follett found himself abandoned by alcoholic parents. He was 15 years old. Charlie Follett was but one of some 20,000 Californians forced to undergo such a procedure.

images (36) — Roadside Marker, Raleigh, NC

Vermont passed a sterilization law in 1931, aimed at what then-University of Vermont zoology professor Henry Perkins called the “rural degeneracy problem.” An untold number of “defectives” were forced to undergo involuntary sterilization, including Abenaki Indians and French-Canadian immigrants.

Indiana passed the first eugenic sterilization law in 1907, but the measure was legally flawed. To remedy the situation, the Eugenics Record Office (ERO), founded in 1910 by the the former Harvard University Zoology Professor Charles Benedict Davenport, Ph.D. crafted a statute, later adopted by the Commonwealth of Virginia as state law in 1924.

That September, Superintendent of the ‘Virginia State Colony for Epileptics and Feebleminded’ Dr. Albert Sidney Priddy, filed a petition to sterilize one Carrie Elizabeth Buck, an 18-year-old patient at the institution whom Priddy claimed to be “incorrigible”. A “genetic threat to society”. Buck’s 52-year-old mother had a record of prostitution and immorality Priddy claimed. The child to whom Buck gave birth in the institution only proved the point.

carriebuck2 — Carrie Elizabeth Buck was born into poverty in Charlottesville, Virginia, the first of three children born to Emma Buck. Carrie’s father Frederick Buck abandoned the family, shortly after the marriage. Emma was committed to the “Virginia State Colony for Epileptics and Feebleminded” following accusations of immorality, prostitution, and having syphilis.

Buck’s guardian brought her case to court, arguing that compulsory sterilization violated the equal protection clause of the 14th amendment. After losing in district court, the case was appealed to the Amherst County Circuit Court, the Virginia Supreme Court, and finally the United States Supreme Court.

Dr. Priddy died along the way, Dr. John Hendren Bell taking his place. SCOTUS decided the “Buck vs Bell” case on May 2, 1927, ruling in an 8–1 decision that Carrie Buck, her mother, and her perfectly normal infant daughter, were all “feeble-minded” and “promiscuous.”

11255 — “This photograph was taken on the eve of the initial trial of Buck v Bell in Virginia. Mrs. Dobbs appear to be holding a coin believed to be used as a test for alertness or mental acuity. Vivian appears to be looking elsewhere. It may have ben on the strength of this test that Arthur Estabrook concluded that she “showed backwardness.” H/T DNA Learning Center, dnalc.org

In the majority ruling, Justice Oliver Wendell Holmes, Jr. did more than just greenlight the Virginia statute. He urged the nation as a whole to get serious about eugenics, and to prevent large numbers of “unfit” from breeding: “”It is better for all the world“, Holmes wrote, “if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind“. In writing about Carrie Buck herself, her mother and infant daughter Vivian, Holmes delivered one of the most brutal pronouncements in all American jurisprudence: “Three generations of imbeciles are enough.”

It was later revealed that Carrie Buck had been raped by a member of the Dobbs family, the foster family who had taken her in and later had her committed. To save the family “honor”. No matter. Buck was compelled to undergo tubal ligation, later paroled from the institution to become a domestic worker with a family in Bland, Virginia. Buck’s daughter Vivian was adopted by the Dobbs family.

In a later examination of Vivian Buck, ERO field worker Dr. Arthur Estabrook pronounced the child “feeble minded”, claiming that she “showed backwardness” supporting the “three generations” theory expressed in the SCOTUS opinion.

“Vivian Alice Elaine Dobbs” died from complications of measles at the age of 8, after only two years in school. Dr. Estabrook’s report failed to explain how she seemed to do well for those two years with grades ranging from As and Bs in deportment and Cs in most academic subjects except mathematics, with which she always had problems. She actually made honor roll in April 1931, a fact which goes unexplained in Dr. Estabrook’s report.

In order to keep the family from reproducing, Carrie’s sister Doris was sterilized without her knowledge when she was hospitalized, with appendicitis. Doris later married. She and her husband tried for many years to have children, without success. It was only in 1980 she learned the true reason, for her inability to get pregnant.

Carrie Buck went on to marry. Twice. Both marriages ended only with the death of her husband. Later interviewers labeled her a woman of “normal intelligence”. In later life she said she always wanted more children but that, of course, was denied her. Carrie Buck died in a nursing home in 1983, 56 years after her sterilization. She was buried in a cemetery in Charlottesville. In a nearby gravesite lies the child the government took away from her, all those many years before.

February 22, 2005 I’m from the Government and I’m Here to help

At a 1981 news conference President Ronald Reagan once quipped, “The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help”.

In 1775, Connecticut Governor Jonathan Trumbull proposed a fortification at the port of New London, situated on the Thames River and overlooking Long Island Sound. The fort was completed two years later. In 1781 Fort Trumbull was attacked and occupied by British forces under the command of the turncoat American General, Benedict Arnold. Barely a month later the Marquis de Lafayette exhorted American troops at a place called Yorktown, to “Remember New London”.

By the early 20th century, the Fort Trumbull neighborhood consisted of 90 or so single and multi-family working class dwellings, situated on a peninsula along the fringes of a mostly industrialized city center.

GZUCKER_030 — In 2000, Susette Kelo became the main plaintiff in the Supreme Court eminent domain case, “Kelo v. New London”

In 1996, chemists working at Pfizer Corporation’s research facility in England were studying compound UK-92, 480 or “Sildenafil Citrate”, synthesized for the treatment of thoracic circulatory conditions.

Study subjects were expected to return unused medication at the end of the trial. Women showed no objection but a significant number of male subjects refused to give it back. It didn’t take long to figure out what was happening. The chemical compound had revealed itself to be useful in other ways, a substance we now know by the trade name, “Viagra”

For the newly divorced paramedic Susette Kelo, the house overlooking the Fort Trumbull waterfront was the home of her dreams. Long abandoned and overgrown with vines, the little Victorian cottage needed a lot of work, but where else was she going to find a waterfront view at such a price?

The year was 1997. Republican governor John Rowland was eager for a victory in deep blue Connecticut and looked to New London, to shore up his political base. Reluctant to share the limelight with New London democrats the administration helped to resurrect the long-dormant New London Development Corporation (NLDC) to revitalize the city’s waterfront.

Meanwhile on her days off, Susette Kelo sanded her floors on hands and knees as Pfizer Corporation, already occupying the largest office complex in the city, eagerly anticipated a cataract of new business based on this latest chemical compound.

The NLDC recruited the company to become the principal tenant in a new “World Class” multi-use waterfront campus overlooking the harbor including high-income housing, hotels, shopping and restaurants, all of it centered around a 750,000 sq. ft. corporate research facility.

062405ED1 — Bill von Winkle stands in front of two properties he owns in the Fort Trumbull neighborhood of New London, CT

Connecticut College professor and NLDC President Dr. Claire Gaudiani liked to talk about her “hip” new development project. Fort Trumbull residents were convinced that stood for “High Income People”. With an average income of $22,500, that didn’t include themselves.

Most property owners agreed to sell, though not exactly “voluntarily”. The reluctant ones were harassed including late-night phone calls, waste dumped on properties and tenants locked out of apartments during cold winter weather.

Seven homeowners holding fifteen properties refused to sell, at any price. Wilhelmina Dery was in her eighties. She was born in her house and she wanted to die there. The Cristofaro family had lost another New London home in the 1970s, taken by eminent domain during yet another “urban renewal” program. They didn’t want to lose this one, too.

Susette Kelo in front of her “little pink house”

In 2000 the New London city council voted to authorize the NLDC to use eminent domain to condemn the property, of those who refused to sell. The day before Thanksgiving, Susette Kelo came home from work to find an eviction notice taped to her door.

Letters were written to editors and protest rallies were held, as NLDC and state officials literally began to bulldoze homes. Holdout property owners were left trying to prevent personal injury and property damage, from flying demolition debris.

Facing a prolonged legal battle which none of the homeowners could afford, the group got a boost when the Libertarian law firm Institute for Justice took their case, pro bono. There was cause for hope. Retired homeowner Vera Coking had faced a similar fight against the future President Donald Trump’s development corporation back in 1993 when the developer and Atlantic City New Jersey authorities attempted to get her house condemned, to build a limo lot.

Eminent domain exists for a purpose, but the most extreme care should be taken in its use. Plaintiffs argued that this was not a “public use”, but rather a private corporation using the power of government to take their homes for economic development, a violation of both the takings clause of the 5th amendment and the due process clause of the 14th.

Vera Coking won her case against the developer, and the municipality. The casino itself later failed and closed its doors. New London District Court, with Susette Kelo lead plaintiff “split the baby”, ruling that 11 out of 15 takings were illegal and unconstitutional. At that point, the ruling wasn’t good enough for the seven homeowners. They had been through too much. They would all remain, or they would all go.

Connecticut’s highest court reversed the decision, throwing out the baby AND the bathwater in a 3-4 decision. By this time Governor Rowland had been removed from office, convicted of corruption and sentenced to a year and a day in prison plus four months of house arrest, three years probation and community service.

No matter, Rowland had served his purpose. The case was now beyond Connecticut politics. Seven justices of the United States Supreme Court then in attendance heard the case on February 22, 2005.

Chief Justice William Rehnquist was then recuperating at home from medical treatment and Associate Justice John Paul Stevens was delayed in Florida and unable to return to return to Washington, DC. All nine justices would weigh in on the final decision.

SCOTUS ruled in favor of the city in a 5-4 decision, Justices Stevens, Kennedy, Souter, Breyer and even that celebrated social justice warrior Ruth Bader Ginsburg concurring in a vote to throw a working class woman, out of her home.

Seeing the decision as a reverse Robin Hood scheme which would steal from the poor to give to the rich, Sandra Day O’Connor wrote “Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms“.

Clarence Thomas took an originalist view stating that the majority opinion had confused “Public Use” with “Public Purpose”. “Something has gone seriously awry with this Court’s interpretation of the Constitution“, Thomas wrote. “Though citizens are safe from the government in their homes, the homes themselves are not“. Antonin Scalia concurred, seeing any tax advantage to the municipality as secondary to the taking itself.

In the end, most of the homes were destroyed or relocated. State and city governments spent $78 million and bulldozed 70 acres. The 3,169 new jobs and $1.2 million in new tax revenue anticipated from the waterfront development, never materialized. Pfizer backed out of the project moving 1,400 existing jobs to a campus it owns in nearby Groton. The move was completed around the time when tax breaks were set to expire, raising the company’s tax bill by 500%.

Susette Kelo sold her home for a dollar to Avner Gregory, a preservationist who dismantled the little pink house and moved it across town. A monument to what Ambrose Bierce once called “A strife of interests masquerading as a contest of principles. The conduct of public affairs for private advantage”.

Movie Trailer and feature image from the film “Little Pink House” released in April, 2018.

By 2011, the now-closed redevelopment area had become a dumping ground for debris left by Hurricane Irene. The only residents were weeds, and feral cats.

Ten years after the debacle the company is in the news, yet again. The December 2021 CNBC headline informs us: “Pfizer CEO says fourth Covid vaccine doses may be needed sooner than expected due to omicron“. Two months later the same outlet reported “Pfizer expects $54 billion in 2022 sales on Covid vaccine and treatment pill“. That’s pretty good work. If you can get it.

In the decade since it all began revitalization amounted to the cube root, of zero. In 2019, local wags took to planting fruit trees and vegetables where working class homes, once stood. A sign posted on social media read, “A gift to the people, reclaiming land stolen by corporate greed.” These latter-day daughters and sons of liberty might have added the two words, “…and government“.

December 31, 1938 The Drunkometer

Guidelines set up in 1939 by the National Safety Council and the American Medical Association gave three ranges for blood alcohol content, which would become the standard in a majority of state legislatures:
• 0.05% and below: Defendants should not be considered under the influence
• 0.05% to 0.15%: Not considered “under the influence” but taken into account if other evidence is presented
• 0.15% and above: Presumed “under the influence” of alcohol
Today national standards for BAC are .08% for drivers 21 and over with state limits ranging from 0.00 to 0.02 for younger drivers.

The first recorded drunk driving arrest came about in 1897 when London taxi driver George Smith, crashed into a building. Smith entered a plea of guilty after his arrest and was sentenced to a fine of 25 shillings, equivalent to $33.49 USD, in 2021.

In the US at this time transportation more often, involved a horse. There were 4,192 vehicles on US roads in 1900 mostly steam and electric with a mere 936 running, on internal combustion. The Automobile Club of America estimated 200,000 motorized cars in the United States in 1909. By 1916 the number skyrocketed, to 2.25 million.

Early postcard warning of the dangers, of driving drunk.

As roads became more numerous and cars got faster the drunk driver’s primary concern was no longer, falling off his horse. Now pedestrians and other motorists were increasingly at risk. New York was the first state to enact drunk driving laws, in 1910.

“Prohibition” went into effect at midnight, January 16, 1920. It was now illegal to import, export, transport or sell intoxicating liquor, wine or beer in the United States.

It was a disaster. Portable stills went on sale within a week and organized smuggling was quick to follow. California grape growers increased acreage by over 700% over the first five years, selling dry blocks of grapes as “bricks of Rhine” or “blocks of Port”. The mayor of New York City personally sent instructions to constituents, on how to make wine.

Frustrated by the lack of compliance the federal government ordered the deliberate poisoning of industrial alcohols in 1926 to prevent bootleggers from “renaturing” the stuff, as drinkable alcohol. By some estimates the federal government’s poisoning program killed as many as 10,000 of its own people.

For thirteen years federal prohibition did little more than empower the mob, and destroy the nation’s 5th largest industry. It’s hard to compare alcohol consumption rates before and during prohibition but, if death by cirrhosis of the liver is any indication, alcohol consumption never went down more than 10 to 20 percent. Revelers continued to get behind the wheel, and drive.

In 1927, Dr. Emil Bogen’s landmark study established a scientific method of determining inebriation by testing the blood, urine or breath of a subject. An individual would breathe into an apparatus not unlike a football bladder where chemicals would change to various colors, depending on exposure to alcohol. Colors were then compared with a collection of vials to determination the amount of alcohol in the system. The system worked but it wasn’t very practical, for a traffic stop.

One W.D. McNally published the picture below in the November 1927 issue of Science and Invention with the promise that a method was coming soon, to reliably determine blood alcohol levels.

Prohibition was repealed in late 1933. In the first six months of 1934 Chicago reported a four-fold increase in drunk driving fatalities over the same period of the last full year, of Prohibition. Los Angeles reported similar numbers.

A conceptual breakthrough happened in 1931 when Indiana University biochemist Dr. Rolla N. Harger announced his own method for measuring blood alcohol content, by means of a breath test. By 1938 Harger had a working model of a new machine, small enough for practical use in the field. Indiana State Police first put the device to use on December 31.

By 1940 police departments across the nation were using Harger’s device like the one pictured here, at the New Jersey State police.

When asked what they called their device Harger and his team called the thing, a “Drunkometer”. Whether they were serious or the name was a joke is a matter for conjecture, but the modern breathalyzer, was here to stay.

Eighty three years to the day it is New Year’s Eve, 2021. Tonight, revelers the world over will celebrate the New Year. I wish you and yours a safe, healthy and prosperous new year and if you need to, you can always call a cab. Just make sure the guy’s name isn’t, George Smith.

September 25, 1789 Bill of Rights

Five states ratified the new constitution in quick succession. Others wanted the document to specify those powers left un-delegated to the Federal government, be reserved to the states.

The Founding Fathers ratified the United States Constitution on June 21, 1788. In so doing, our forebears bestowed on generations yet unborn, a governing system unique in all history. A system of diffuse authority, checks and balances and authority delegated but Never relinquished, by a sovereign electorate.

The American system is often described as “democracy”, but such a description is in error. Four wolves and a lamb voting on what to eat for dinner, is democracy. The genius of the founders is demonstrated in a system which protects the rights of All citizens, including that one. The proverbial lamb. The specifics are enumerated in our bill of rights, twelve amendments adopted by the first Congress on this day in 1789, and sent to the states for ratification.

Even at the Constitutional Convention, delegates expressed concerns about the larger, more populous states holding sway, at the expense of the smaller states. The “Connecticut Compromise” solved the problem, creating a bicameral legislature with proportional representation in the lower house (House of Representatives) and equal representation of the states themselves in the upper house (Senate).

The 62^nd Congress proposed a Constitutional amendment in 1912, negating the intent of the founders and proposing that Senators be chosen by popular election. The measure was adopted the following year, the seventeenth amendment having been ratified by ¾ of the states. Since that time, it’s difficult to understand what the United States Senate even is, an institution neither democratic nor republican, but I digress.

Five states: Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut, ratified the document in quick succession. Some states objected to the new Constitution, especially Massachusetts, which wanted more protection for basic political rights such as freedom of speech, religion, and of the press. These wanted the document to specify, that those powers left un-delegated to the Federal government, were reserved to the states.

A compromise was reached in February, 1788 whereby Massachusetts and other states would ratify the document, with the assurance that such amendments would immediately be put up for consideration.

With these assurances, Massachusetts ratified the Constitution by a two-vote margin, followed by Maryland and South Carolina. New Hampshire became the ninth state on June 21. The new Constitutional Government would take effect on March 4 of the following year.

Amendments 2-12 were adopted on December 15, 1791, becoming the “Bill of Rights”.

It’s interesting to note the priorities of that first Congress, as expressed in their original 1st and 2nd amendments. As proposed to the 1st Congress, the original 1st amendment dictated apportionment of representation. It was ratified by only 11 states, and technically remained pending. Had the states ratified that original first amendment, we would now have a Congress of at least 6,345 members, instead of the 535 we currently have.

The original 2nd amendment was an article related to Congressional compensation, that no future Congress could change their own salaries. The measure would in fact, pass, becoming the 27th amendment in 1992. Following a ratification period of 202 years, 7 months, and 10 days.

September 24, 1789 The Supremes

From “separate but equal” to the rights of terrorists SCOTUS rulings are final, inviolate and sometimes imbecilic.

Article III of the United States Constitution establishes the Supreme Court of the United States (SCOTUS), and “such inferior Courts as the Congress may from time to time ordain and establish”.

There is no mention of the number of justices. The first Congress passed the Federal Judiciary Act on September 24, 1789, specifying a six-justice Supreme Court.

Twelve years later, the presidency of John Adams was coming to an end. As a Federalist, Adams wanted nothing more than to stymie the incoming administration of Democratic-Republican Thomas Jefferson. Toward that end, Adams appointed the infamous “midnight judges” in the last hours of his administration: 16 Federalist Circuit Court judges and 42 Federalist Justices of the Peace.

The incoming Jefferson administration sought to block the appointments. Jefferson ordered then-Secretary of State James Madison to hold those commissions as yet undelivered, thus invalidating the appointments. One of the appointees, William Marbury, took the matter to Court.

The case advanced all the way to the Supreme Court, which ruled in Marbury v. Madison that the provision of the Judiciary Act enabling Marbury to bring his claim, was unconstitutional. Marbury lost his case, but the principle of judicial review, the idea that the court could preside Godlike, over laws passed by their co-equal branch of government, has been the law of the land, ever since.

In the early days of the Great Depression, Federal agricultural officials conceived the hare brained idea that artificially introducing scarcity would increase prices, and therefore wages, in the agricultural sector. Six million hogs were destroyed in 1933. Not harvested, just destroyed and thrown away. 470,000 cattle were shot in Nebraska alone. Vast quantities of milk were poured down sewers, all at a time of national depression, when malnutrition was widespread.

With the Agricultural Adjustment Act of 1938, Washington began to impose production quotas on the nation’s farmers. Ohio farmer Roscoe Filburne was ordered to grow 223 bushels of wheat in the 1941 season. Filburne grew 462.

Article 1, Section 8 of the Constitution permits Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. That is all but, on this flimsy basis, the Federal Government took Roscoe Filburne to court.

The farmer argued that the “surplus” stayed on his farm, feeding his family and his chickens. Lower Courts sided with Filburne. The government appealed all the way to the Supreme Court, arguing that, by withholding his surplus, Filburne was effecting interstate market conditions, thereby putting him under federal government jurisdiction.

Intimidated by the Roosevelt administration’s aggressive and illegal “court packing scheme“, SCOTUS decided the Wickard v. Filburne case, against the farmer. Ever since, what you don’t do can be held against you in a court of law. Get it? Neither do I.

Over time, SCOTUS has proven itself to be as imperfect as any other institution. There have only been 17 Chief Justices and 101 Associate Justices in the entire history of the court. Five Chiefs having previously sat as Associate Justices, there are only 113 in all. Should Brett Kavanaugh be confirmed, he would be #114.

Some among those 113 have been magnificent human beings, and some of them cranks. There have been instances of diminished capacity ranging from confusion to outright insanity. One justice spent part of his term in a debtor’s prison. Another killed a man. There have been open racists and anti-Semites.

There is no official portrait of the 1924 court because Justice James C. McReynolds wouldn’t stand next to Louis Brandeis, the court’s first Jewish Justice. One Justice was known to chase flight attendants around his quarters, while another spent his time in chambers, watching soap operas.

There’s the former Klan lawyer turned Justice who took a single phrase, “separation of church and state”, from a private letter of Thomas Jefferson, and turned the constitutional freedom OF religion into an entirely made up freedom FROM religion.

The Supreme Court reinforced chattel slavery with the Dred Scott decision. The Korematsu ruling gave us the forced incarceration of Americans of Japanese descent. Buck v. Bell gave Americans the “gift” of forced sterilization, and Stenberg v. Carhartt enshrined the constitutional “right” to the hideous and detestable “procedure” known as partial birth abortion. From “Separate but Equal” to the “rights” of terrorists, SCOTUS’ rulings are final, inviolate, and sometimes imbecilic.

Chief Justice John Roberts, who once said “remember that it’s my job to call balls and strikes, and not to pitch or bat,” invented a whole new definition of taxation, enshrining the “Affordable Care Act” as the law of the land.

The framers gave us a Constitutional Republic with co-equal branches of government, with power diffused and limited by a comprehensive set of checks and balances.

They gave us two distinct means to amend that Constitution, should circumstances require it.

Traditionally, Congress proposes amendments, submitting them to the states for ratification. The problem is that many believe Congress itself to be part of the problem, and a broken institution is unlikely to fix itself.

Article V gives us a way to amend the constitution, if we would take it. Instead of Congress proposing amendments, an Article V convention of state legislatures would propose amendments, to take effect only if ratified by a super majority of states. We could start with an amendment permitting 2/3rds of the People’s representatives in Congress, to overturn a SCOTUS decision. Then we could term limit these people.

Unless, that is, you believe it’s fine for the Federal Government to prohibit a farmer from growing wheat for his own use, that one man in a black robe can force you to buy a product you don’t want and call it a “tax”, or you believe that “established by the state” means by the state or federal government, at the sole discretion of the man who says, “I’m from the Government. I’m here to help”.

A Trivial Matter

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A Trivial Matter

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