text:
Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
corey_brettschneider at brown.edu
Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
msl46 at law.georgetown.edu
Sanford Levinson
slevinson at law.utexas.edu
David Luban
david.luban at gmail.com
Gerard Magliocca
gmaglioc at iupui.edu
Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
alice.ristroph at shu.edu
Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
nelson.tebbe at brooklaw.edu
Mark Tushnet
mtushnet at law.harvard.edu
Adam Winkler
winkler at ucla.edu
Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
Recent Posts
Broccoli vs. The Plague
Friday, October 28, 2011
Broccoli vs. The Plague
Gerard N. Magliocca
The most powerful argument against upholding the constitutionality of the individual mandate may be that this will open the door to compulsory broccoli purchases. Many people are unfamiliar with the relevant Commerce Clause cases, but everyone seems to know about the broccoli hypothetical.
3 because, really, somebody thinking something is a good idea doesn't magically cause the Constitution to change so as to make it constitutional. The Constitution is a real world document, as such it's short of perfection.
1, because the states mostly would.
"This lack of authority in the face of a terrible disease scares me far more than having to buy broccoli when I don't want to."
What's the problem here? You don't think states are real, or something? They're just figments of our imagination? Why isn't it sufficient to assuage your fears, to note that the authority does exist, at the state level?
I really would like an answer to that, it's a serious question. I encounter so many people on the 'liberal' end of the spectrum, who act as though, if something doesn't happen at the federal level, it doesn't happen at all.
Don't you guys believe states exist?
Not really. Even Randy Barnett would concede that Congress can either (1) conscript everyone into the military and then impose vaccination on members of the military, or (2) levy a tax -- explicitly called a "tax" -- that can be waived if people take vaccination. Both options would resolve your nightmare.
Now you might respond that this takes some force out of the broccoli hypothetical in that all we are talking about is whether Congress explicitly calls something conscription and calls something a tax. But as I understand Randy's argument, the point is that there is incredibly strong political aversion to open conscription and calling something a tax, so this kind of explicit statement rule will have real constraining effect on Congress's power.
In your hypothetical, what Congress really needs is the power to make people take the vaccine, not to buy it. So therefore Congress must have the power to make people eat broccoli. And go to the doctor. And exercise. And have babies (we need more workers to generate the taxes needed to fund Social Security and Medicare).
The issue of whether Congress can make you take a vaccine (or eat broccoli) against your will strikes me as a Due Process question rather than a Commerce Clause issue, though that is debatable. And I agree that you can support the activity/inactivity distinction if you answer #1 to the disease hypo, but only if you drop the broccoli argument.
Finally, I do think states are real. I live in one. Our state bird in the cardinal.
I very much believe in states. I also believe none of them have ever passed a broccoli mandate or anything like it, despite the terrifying power to do so. Yet people worry about such things.
3) A document need not be perfect. But it should empower the government to handle an emergency that threatens the society's existence. An interpretation of the document that would deny the government the authority to handle such an emergency (or force it to jump through hurdles to enact legislation) thus becomes problematic.
1) No one is denying that states are real. But states suffer from collective-action problems--they don't all act, or they don't all act consistently, or they act in self-interested ways that provide competitive advantage over other states. That the states "mostly would" order mandatory vaccines does not mean all would or that all would in a way that addresses the problem. The Framers' purpose in having a federal government was to act in those areas where there is a collective-action problem and where only singular action can address a national problem at the national level (even if that problem also could be addressed by the states).
If states are real, why can't you admit they're part of "the government"? If states have a power, "the government" has it. Period.
"The Framers' purpose in having a federal government was to act in those areas where there is a collective-action problem"
I have observed before that this is a standard technique for circumventing the constitution we actually have:
1. Extract a high level principle from the text. (Ignore any other principles you find that might muddy the picture.)
2. Apply that principle in a way which violates what the text actually says.
Indeed, the founders wanted the federal government to solve collective action problems. They didn't, however, write a constitution with the following clause: "Congress shall have power to solve collective action problems." Rather, they gave Congress specific powers which they thought covered such problems, while constraining those powers because they thought too much power in the hands of Congress would cause other problems.
Indeed, giving Congress the power to do pretty much anything it pleases will empower Congress to solve some problems which it might otherwise find beyond it, or have to leave to the states. (Who might solve the problem imperfectly, but is Congress perfect?)
But giving Congress the power to do pretty much anything it pleases will empower Congress to cause problems, as well. There should be an optima someplace here between the Articles of Confederation and Hobbs Leviathan. I won't pretend the Constitution hit it perfectly, but I will contend this:
If we ignore the limitations on federal power in the Constitution, we won't have a better constitution for doing so. We'll simply be pretending to have a better constitution, by violating the one we have.
And if you set up a mechanism to systematically violate the highest law of the land by pretending it means something other than what it says, that mechanism is not going to be employed only when the result is an improvement. It's going to be employed whenever politicians find the highest law of the land inconvenient.
We're going to be talking past one another very soon. I would just say that I don't see that this is doing anything beyond "what the text actually says" or treating the Constitution as meaning "something other than what it says." The text speaks of regulating commerce among the several States, not a precise term and surely a contested one. The text also doesn't say anything about an activity/inactivity distinction.
So everyone is interpreting terms. And, at least in my view, an interpretation that allows Congress to operate effectively is better than one that prevents it from acting effectively.
Gerard's introductory premise:
"The most powerful argument against upholding the constitutionality of the individual mandate may be that this will open the door to compulsory broccoli purchases."
fails to pass the constitutional smell test. I can imagine at oral argument Justice Scalia explaining the difference between broccoli and broccoli rabe and how to best to avoid their cooking odors from crossing state lines and why anybody would not want to buy either, as they are delicious when properly cooked, including with Italian sausage.
"The issue of whether Congress can make you take a vaccine (or eat broccoli) against your will strikes me as a Due Process question rather than a Commerce Clause issue, though that is debatable."
But before it can be a Due Process question, it first has to be a Commerce Clause issue, because Congress has to get the power to order people to take their medicine (or eat their broccoli) from somewhere. And it seems a little illogical that we would construe the Commerce Clause broadly to allow the government to deal with the hypothetical plague, and then construe the Due Process Clause broadly to prevent it from doing so.
In the case of the health care mandate, the theory is that the mandate is necessary so that Congress's regulation of the interstate health insurance market is economically viable. This strikes me as different than that the issue in the vaccine hypothetical, which isn't trying to regulate the vaccine market, but attempting to achieve a health-related goal, ostensibly because it impacts interstate commerce. The latter seems more like a Lopez-type case. OTOH, so does the broccoli hypothetical so you might be better off arguing that both broccoli and vaccines are distinguishable from the health care mandate.
And it seems a little illogical that we would construe the Commerce Clause broadly to allow the government to deal with the hypothetical plague, and then construe the Due Process Clause broadly to prevent it from doing so.
I'm not sure why this would follow. We do this all the time. States, for example, have broad power to regulate crime, but they can't forcibly pump my stomach. The federal government has broad power to tax, but can't seize my property without due process.
The whole point of the BoR is to restrict the scope of the granted powers under Sec. 8, including the N&P clause. The analysis will always proceed in two steps.
The SC already has a special docket page for the PPACA cases. Prepare for the broccoli. I like it on garlic bread myself.
I think the real concern of people is that they will be forced to eat the stuff. That's surely the concern (ask Michele Bachman or Jenny McCarthy) vaccines bring. If you don't have to use the stuff, it is more like a corporate benefit or something.
#1 States in fact have mixed rules on vaccines for dangerous diseases now, concerning many experts. Issues like D.C. etc. also arise. Regardless, the Constitution gives the feds power over this area, interstate commerce etc., even if they didn't need to address it.
#2 I guess but I'd be curious and curious how one or more of them couldn't be somehow applied to the PPACA. After all, federal funding of education as far back as the 1870s was justified to educate future jurors and voters. Why not health for the militia et. al.?
#3 sure, but what if it was something else, like brussel sprouts or something?
#4 right, few things are absolute, even free speech, but outlawing child porn is not in the same league as outlawing partisan magazines. Even strong pro-lifers make exceptions in rare cases. I don't think such literalness is totally fair.
So, tjchiang, the idea is that babies can be conscripted into the military? Seems a questionable path to take given a more reasonable alternative is present.
The tax solution is also weak. Some people can't afford taxes. What do you do with them? The tax would also have to be pretty high to work, wouldn't it? The PPACA exempts many from the infamous requirement based on inability to pay. That would be risky here.
The idea that simon says "tax" is much of a political restraint -- even though that isn't how it has worked (the rule is that it has to act like one, not be literally called a "tax" -- Prof. Akhil Amar notes the Constitution itself has various words for "tax") -- is also unconvincing.
We have lots of "taxes," many quite dubious in nature. The people were aware that the result of the provision is that some w/o insurance would have to pay money to the government. A majority supported it anyways or wanted MORE government power (e.g., a public option run by it) anyways.
The plague hypothetical should be a non-issue because Congress would have at least two effective ways of securing the needed vaccines for everyone even without the power to impose economic mandates. First, Congress could provide a refundable tax credit for the purchase of the needed vaccine. Second, Congress could purchase and distribute the vaccine to all Americans. Both of these options would of course be funded through increased taxes down the road. Thus, these options are also more progressive than economic mandates because most taxes are paid by the rich.
It seems to me the OP misses the point of the broccoli argument.
It's generally recognized (outside the Tea Party, anyway) that the schema of the Constitution and its delegated powers imply other powers. They also imply limits to Congress's power, however, and that isn't as generally acknowledged.
The commerce clause is actually the interstate and foreign commerce clause. It was written that way for a reason. Through implication and the changing nature of the nation's and world's economies, that's meant Congress has been able to regulate more and more commerce which seems more intrastate or local than international, but it's still the interstate and foreign commerce clause.
The Framers did not see fit to grant Congress a general police power, and the individual mandate and any hypothetical broccoli mandate are exercises of a general police power. The argument that a necessity has been created by Congress's choices in regulating an industry is not persuasive: if Congress can ratchet its powers by enacting regulation, then the whole point of a Constitution creating a divided schema of government is obviated. That some desired regulation is not possible doesn't change that.
In this case the argument isn't even that the desired regulation is impossible. The argument is that the desired regulation will create some serious negative consequences without the mandate.
So, if you wanted a vaccine analogy, suppose that the federal government mandated, through the commerce clause, that food traveling in interstate commerce had to be contaminated with E. Coli? Anticipating that this would cause widespread illness, they added a clause to the regulation requiring people to be vaccinated against E. Coli.
Basically it's an argument that the federal government can use it's delegated powers to cause problems, and is then entitled to otherwise undelegated powers to solve the problems it creates.
Brett's characterization:
"Basically it's an argument that the federal government can use it's delegated powers to cause problems, and is then entitled to otherwise undelegated powers to solve the problems it creates."
seems a tad like Vietnam's "destroy the village to save the village" which has been discredited. The basic argument for the mandate will not destroy the Constitution - or broccoli if properly cooked.
It's not so much that your comments pass over my head, that they're completely orthogonal to anything comprehensible. Are you sure that you're not just a chat bot, or some such? It would explain a lot.
I had thought I was serving as a balm for Brett's chronic case of "Wick-Burn." Perhaps "Conservative, Heal Thyself" may be more appropriate; and properly cooked broccoli, if actually eaten, may be helpful (George H. W. Bush, to the contrary).
The insurance requirement is tied to a national economic and commercial issue that covers 1/5 of our economy.
This is not a "general police power" (such as a general murder law) issue and is a federal matter specifically found in the Constitution. Furthermore, specific constitutional provisions limit its scope. For instance, forcing people to have specific health procedures like an abortion.
As to Brett, the hypo is a serious problem that the federal Constitution provides a specific means for the federal government to regulate. Brett might oppose it on policy, but he repeatedly says that isn't the ultimate issue. It is what the Constitution allows.
The original post speaks of things he is horrified at happening, which is a bit off, since bad things happen. But, this bad thing can be addressed by the federal enumerated powers.
There was some news of the vaccine imperative during the 2001 anthrax letters aftermath. I forget the specifics; however, I think US government and private hospitals began researching ways to source the commonly available antidote from offshore pharmaceutical companies.
However, before traveling too far into the congruencies of the pestilential argument, I think the focus needs to be re-set to reviewing the insurance industry's economics and social safety concerns of the modern congress. Having halted negotiations far short of single payer, congress selected the next-best version, one entrenched industry interests' lobbyists advised was a workable compromise. Given that businesslike comportment by congress, I foresee only mild disinterest from the US Supreme Court in these cases, atavistic political characterizations notwithstanding. It all feels like the Republican version of a tax; nothing more. Absolutely innocuous in net impact.
And some research has shown antineoplastic compounds in broccoli, cooked crisp, steamed.
Variation of 3.
The Commerce Clause does not empower Congress to compel the purchase of anything - period.
Congress can offer vaccination to the citizenry and, if we are facing a truly dangerous pandemic, then people as rational beings will get the vaccinations of their own volition. Fools who decline to do so are also unlikely to follow government orders to get vaccinated.
In any case, being compelled to purchase Obamacare is hardly analogous and shows the desperation of the proponents of the individual mandate.
bacchys: if Congress can ratchet its powers by enacting regulation, then the whole point of a Constitution creating a divided schema of government is obviated.
Brett: Basically it's an argument that the federal government can use it's delegated powers to cause problems, and is then entitled to otherwise undelegated powers to solve the problems it creates.
In Comstock, Congress created the problem of no state being willing to commit a mentally ill, sexually dangerous former federal prisoner because the prison sentence broke any contact between the ex-prisoner and the state. Yet, the Court ruled Congress had the power to fix the problem it created by federally committing the person (even though such a stand-alone regulation is not within an enumerated power).
I would distinguish Comstock by noting the prisoners were in Federal custody up until the moment that prison officials could no longer incarcerate them for their crimes and the government sought to have them civilly committed.
I hope we're not to the point that we consider all citizens to be in Federal custody on the level of inmates.
Moreover, the Court considered it a safety valve (albeit a silly one) that the states were free to claim their authority over such a soon-to-be-released inmate. Comstock is less a serious decision than one conjured to deal with an icky situation.
I don't see how the fact that the prisoners were in federal custody prior to the end of their criminal confinement has any relevance to the principle I believe Comstock established: Congress can correct problems it creates.
As to your argument that Comstock should be treated as being limited to its facts of an "icky situation", only SCOTUS can do that.
How well I remember dining at Boston's Locke-Ober Restaurant with a side (usually to a steak) of broccoli with hollandaise sauce, the broccoli a bright green and with a crunch. It was very good for the constitution, preceded of course by a Bombay, or two, on the rocks wedged with lime. The bill of fare was the equivalent of the bill of rights. That was in my salad days of practicing law when my culinary creed was "Locke Uber Alles!"
Federal custody (often for breaking laws a more indirect matter of federal power than this one, only a handful of crimes directly enumerated) is the hook in Comstock.
Regulation of interstate commerce, including arising from matters the feds in some way caused (e.g., if the vaccines are a result of its own direct trade with a country), in part by the tax power, is another.
Those who don't like Comstock (which Roberts joined and gave to Breyer, who has a broad view of federal power, to write -- telling point) might wish to restrict it to its facts, but the SC has not yet supported such a hint that the precedent is distasteful or so close to the line that such a choice is required.
Two things about Bart. "Fools" is a pretty harsh thing to say about people who might honestly (and perhaps rightly in certain cases) think a vaccine is dangerous or not wish to use it for religious reasons. Second, we might decide to say that the CC doesn't give any power to require purchase (a step beyond the tax incentive applied to the people who actually would have to pay, again quite a few wouldn't be) but the actual words doesn't actually have such restrictive effect.
I say this not to Bart alone, but to others who share his sentiments. Happy Halloween.
Two things about Bart. "Fools" is a pretty harsh thing to say about people who might honestly (and perhaps rightly in certain cases) think a vaccine is dangerous or not wish to use it for religious reasons.
OK, in the less harsh spirit of Monty Python, they are silly people.
Second, we might decide to say that the CC doesn't give any power to require purchase (a step beyond the tax incentive applied to the people who actually would have to pay, again quite a few wouldn't be) but the actual words doesn't actually have such restrictive effect.
The CC states in pertinent part that Congress shall have power "To regulate Commerce...among the several States..."
To regulate is to adjust or direct through rule or restriction. In other words, the CC grants the Congress the negative power to adjust or direct existing commerce between the states. If words still have meaning, the provision does not grant Congress the affirmative power to compel Americans to engage in commerce.
Gerard incorrectly dismisses the first response by relating to Congress never requiring broccoli purchases. The core issue relates to the powers granted to Congress and the fact that Congress does not have a general police power, whereas States do. Unless otherwise limited by the relevant State constitution or the Federal constitution (i.e. incorporated rights), States can require their citizens to do pretty much anything. Hence a mandate to purchase health insurance in Mass. is not an issue, but is problematic at the Federal level.
Indeed, States could require their citizens to purchase (and eat perhaps) broccoli. They have the police power, the Federal government does not. Therefore, it is entirely correct (and a consistent position) that States could order mandatory vaccinations, but the Congress cannot order someone to purchase broccoli.
Words do still have meaning. If you only use one of their definitions, however, you might be inclined towards a more narrow reading than is warranted. What if the regulation of commerce followed definition 2 rather than definition 1?
REG'ULATE, v.t.
1. To adjust by rule, method or established mode; as, to regulate weights and measures; to regulate the assize of bread; to regulate our moral conduct by the laws of God and of society; to regulate our manners by the customary forms.
2. To put in good order; as, to regulate the disordered state of a nation or its finances.
3. To subject to rules or restrictions; as, to regulate trade; to regulate diet.
The problem is that some critics of the individual mandate frame the question as a liberty interest. In other ways, they make no distinction between state and federal power in this area. So long as everyone is clear that you can be compelled to buy a private product by a state, then we're all on the same page in assessing the question of whether Congress can do so.
Words do still have meaning. If you only use one of their definitions, however, you might be inclined towards a more narrow reading than is warranted. What if the regulation of commerce followed definition 2 rather than definition 1?
REG'ULATE, v.t.
1. To adjust by rule, method or established mode; as, to regulate weights and measures; to regulate the assize of bread; to regulate our moral conduct by the laws of God and of society; to regulate our manners by the customary forms.
2. To put in good order; as, to regulate the disordered state of a nation or its finances.
There is no fundamental difference between the two entries. In both cases, regulation is a negative function used to limit a preexisting activity to desired parameters. In no permutation is regulation used to compel activity where there is none.
In both cases, regulation is a negative function used to limit a preexisting activity to desired parameters. In no permutation is regulation used to compel activity where there is none.
Nonsense. If I intend to put the world in good order, nothing in the second definition prevents me from creating new schema and compeling activity of any sort I can imagine. The only thing that pre-exists here is the category, but even that pre-existence is unnecessary, save in one's imagination perhaps.
Let's assume that the Justices get caught up in this broccoli imbroglio, resulting in culinary constitutionalism with varying recipes (e.g., opinions) for ACA. Would that be the end of the story?
Take a peek at Joel Aiicea's National Review Online post of October 25, 2011: "Questioning the Supreme Court's Supremacy-Should the political branches have a say in interpreting the Constitution?" available at:
The 2012 Republican candidates are chiming in on where in the Constitution is judicial supremacy set forth? I encourage all to read the entire post but can't resist this:
"Mr. Gingrich suggests that originalism be the constitutional theory adopted by the political branches, .... Comments from other Republican presidential candidates reflect a similar respect for the original meaning of the Constitution, sometimes to the point where it seems we are witnessing the apotheosis of the founders."
Where is it set forth in the Constitution that its interpretation is based upon originalism (du jour)? And what in God's name did the founders think about broccoli?
While SCOTUS may rule on the ACA mandate 5-4, imagine how the Senate and House may challenge judicial supremacy?
What follows is not completely off-topic, although very close to being so. My apologies.
I have seen too many interviews of Walter Isaacson on TV promoting his bio of "Steve Jobs." I don't plan to buy the book as I may already know too much about Steve Jobs, especially with the many chastisements by my wife (God rest her soul, in an agnostic sense) for not buying Apple stock years ago when she strongly suggested I should. But I did learn quite a bit about Steve Jobs, the individual as a family man, with his sister's, Mona Simpson, "A Sister's Eulogy for Steve Jobs" on October 16, 2011 at the memorial service at the Memorial Church of Stanford University. Being long in the tooth at 81, this was a most stirring eulogy, describing Jobs as a family man. (It is available at the NYTimes.) Family was most important to Steve Jobs:
"A middle-class boy from Los Altos, he fell in love with a middle-class girl from New Jersey. It was important to both of them to raise Lisa, Reed, Erin and Eve as grounded, normal children. Their house didn't intimidate with art or polish; in fact, for many of the first years I knew Steve and [Laurene] together, dinner was served on the grass, and sometimes consisted of just one vegetable. Lots of that one vegetable. But one. Broccoli. In season. Simply prepared. With just the right, recently snipped, herb."
When it comes to the ACA and broccoli, SCOTUS should keep it simple, and not mix them up. But broccoli and Apple apparently do go together.
I thank Mona Simpson for her remembrances of a brother she did not for years know she had. Now long in the tooth, family is most important for me too.
PMS: REG'ULATE, v.t.
1. To adjust by rule, method or established mode; as, to regulate weights and measures; to regulate the assize of bread; to regulate our moral conduct by the laws of God and of society; to regulate our manners by the customary forms.
2. To put in good order; as, to regulate the disordered state of a nation or its finances.
BD: In both cases, regulation is a negative function used to limit a preexisting activity to desired parameters. In no permutation is regulation used to compel activity where there is none.
PMS: Nonsense. If I intend to put the world in good order, nothing in the second definition prevents me from creating new schema and compeling activity of any sort I can imagine.
The second definition concerns regulation imposing a desired order on preexisting government finances. Regulation is not defined as the power to compel the people to create and finance a government.
Regulation is synonymous with discipline.
Is this the first time that you have every cited to National Review? ;^)
In any case, to the extent Gingrich is proposing that he as President would not sign any legislation that he believes exceeds the powers of the Congress, even if the Court interprets Congress' powers more expansively, I see nothing legally questionable about that proposition.
If on the other hand Gingrich is proposing to exercise executive powers in excess of what the Court allows under Article II, then we have a classic constitutional crisis.
I don't know if I have ever before cited to National Review Online. But the fact that I did cite to it in an earlier comment does not mean I support or am in agreement with it. Over the years I have questioned whether there is such a thing as judicial supremacy over the other branches specifically provided for in the Constitution. (I have also pointed out - as have so many others - the failure of the Constitution to specify judicial review, although I can understand the need for such.) With my cite, I also focused upon originalism (whichever kind is currently in vogue) as not being specified in the Constitution for purposes of its interpretation/construction.
But the primary purpose for my cite is to focus on the Republican presidential candidates woodpile and its concerns with the judiciary. I don't think they are complaining about Bush v. Gore or any of the 5-4 decisions of the Roberts Court, like Heller, McDonald, Citizens United, etc. They should keep in mind what's sauce for the goose is sauce for the gander. So voters concerned with the Roberts Court may come to decide that Obama may best protect the judiciary, including on choice (keeping in mind the proposed "person" definition being sought in Mississippi).
So consider my effort as that of an angel quoting the devil.
Given the age of the four conservatives and the one occasional conservative on the Court, the GOP should be the ones concerned about Obama appointing further Justices. However, I doubt it will be a passing thought for most voters. Its the economy, stupid, followed by conservative anger about the expansion of government.
Yes, it is the Bush/Cheney Great Recession of 2008 resulting from its 8 inept years of guns, butter and tax cuts economy, stupid, which the GOP, enabled by the conservative Tea Party, has taken steps to worsen by thwarting Obama's efforts to create jobs, so that the same GOP-ers who enabled Bush/Cheney, including our yodeler, can continue the destruction of the Bush/Cheney 8 years. Now we have the anger of the 99% to counteract the Tea Party.
The second definition concerns regulation imposing a desired order on preexisting government finances. Regulation is not defined as the power to compel the people to create and finance a government.
Again, nothing in the definition of "regulate" prevents compulsion. If words have any meaning, as you say, you can't just ignore an open definition in favor of a restricted one.
BD: The second definition concerns regulation imposing a desired order on preexisting government finances. Regulation is not defined as the power to compel the people to create and finance a government.
PMS: Again, nothing in the definition of "regulate" prevents compulsion. If words have any meaning, as you say, you can't just ignore an open definition in favor of a restricted one.
You could make the same argument that the President's veto power includes the power to enact legislation because the dictionary definition of veto does not expressly rule out this option.
This is not a persuasive argument.
"OK, in the less harsh spirit of Monty Python, they are silly people."
So, if the government says so, it is "silly" to distrust them on a vaccine ever. The distrust of government power is selective, as usual, no matter the source.
And, certain religions are "silly." The second is true surely, but it's a bit hard for me personally to draw lines and call people that.
"Second, we might decide to say that the CC doesn't give any power to require purchase"
So, interstate truckers can't be required to purchase certain things under the CC. Don't know why. That isn't the usual argument. It is that "activity" is required first or something.
"To regulate is to adjust or direct through rule or restriction."
PMS settles the definition issue but either way, the national insurance market is being adjusted and directed in part by the PPACA requirement. At the very least, it can be "necessary and proper" to do so by the provision at issue.
You can, if you wish, slice things thin, but the actual wording doesn't warrant that by itself.
"In other words, the CC grants the Congress the negative power"
I don't see any "negative power" alone even by your debatable definition. Positive regulation is possible under it.
"to adjust or direct existing commerce between the states"
"To adjust" is pretty broad and can mean any number of things, including adjusting it by the means at issue. The people actually being taxed also are, to help things out, taking part in interstate commerce in numerous ways, health insurance a reasonable aspect of said involvement. Any exceptions would be minor, if any, resulting in narrow "as applied" challenges.
"If words still have meaning"
The words "have meaning" and restrictive effect, as many here and elsewhere has shown, if the PPACA provision is upheld.
Happy All Saints Day.
In an earlier comment I had made a reference to a recent article on "judicial supremacy." Over at the Legal History Blog, a post informs us of the Columbia Law Review article of Barry Friedman and Erin F. Delaney "Becoming Supreme: The Federal Foundation Of Judicial Supremacy" and provides an SSRN link. I hope to read it in the next couple of days. Caution: the article runs 57 pages single spaced. I trust broccoli is good for the eyesight.
The DC Appeals Court upheld it via an opinion by a Reagan conservative (no shock, since Charles Fried thinks it is obviously constitutional) while conservative fav Brett Kavanaugh dissented on jurisdictional grounds -- the Tax Injunction Act. That is TAX Injunction Act. I think that is a decent argument. Rule on the case when the tax (I say tax) penalty actually is in place.
I recently came across National Review Online's October 12, 2007 post on Whittaker Chambers' "Big Sister Is Watching You" republication from the Dec. 28, 1957, issue of the National Review, of his lengthy review of Ayn Rand's "Atlas Shrugged." I had over the years read references to this review but only recently decided to download it:
While I have not read "Atlas Shrugged," I have read much about those who are Randians. This review is helpful in understanding her present - and past -political acolytes.
I plan to reread the review while munching on pumpkin seeds.
Tks very much for post:
I like it and hope that you continue posting.
Let me show other source that may be good for community.
Source: Qa tester interview questions
Best rgs
The whole discussion, including the hypo, misread the importance of the idea of national emergency. Congress has in fact responded to this contingency. If there was a "dangerous epidemic" it would be a threat to national security, and it is *those* rules that should dominate the discussion. IOW, you raised a national security hypo, not a federalism hypo. In such a threat, the military could be enlisted to enforce ad hoc quarantine, isolation, forced vaccinations and other rules from the federal level, even though those things are otherwise within the purview of the states. Giving the idea of rewriting the hypo to make it intelligible for your ends a few moments and i think in every case in which there is a federal emergency, then it is a national security problem and the grant of power to the executive that comes with it. In such an emergency Congress has demonstrated it is servile to national security rhetoric. Without an emergency the practice of medicine, which is the area under which vaccines fall, is left to doctors, largely; and state powers to regulate the professions. Congress could pass laws funding private sector production of the vaccines, and educational programs by CDC, etc. Once you remove the emergency it becomes much clearer that Congress is prohibited from ordering the purchase of anything, although it can clearly control the choices that consumers have.
"Congress is prohibited from ordering the purchase of anything"
Where is this prohibition in the Constitution? Industries have to purchase various things under federal regulations. In 1792, members of the militia were "ordered" to "purchase" things. If I had to buy a notepad for jury service, to take notes as required by federal rules, is this unconstitutional?
It is not apparent in the various powers enumerated why purchase is not a means that might be required. It isn't from text, experience or anything I can see.
I've just posted the following article with my thoughts on why striking the individual mandate could cripple federal powers to respond effectively to public health and natural disasters:
Mark Hall
This article is very interesting and meaningful. Thank you very much. Thank you very much!
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Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018)
Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014)
Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013)
Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013)
Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010)
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Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009)
Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009)
Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
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Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006)
Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005)
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text:
I recently broke my camera. I have a housing that is lonely and empty. If you have one to sell possibly with extras I am looking to buy. I live in Hawaii and know shipping my be more.
Oh, ya. I could use the Aquatica port for the lens too.....
Edited by pokumura, 16 April 2013 - 09:43 PM.

subset: commoncrawl


text:
County battle set for tonight
COLUMBIA CITY— Two football teams searching for their first win would be enough for excitement on any Friday night.When the two schools involved are Whitley County rivals, such as Columbia City and Whitko, the tension goes up another notch.The Eagles and Wildcats will kick off their annual battle for Whitley County supremacy tonight at 7 p.m. at Columbia City High School.Last week, the Eagles fell to Warsaw, 33-14. Whitko dropped a 42-20 game against Wawasee, in the first game as Wildcat head coach for Josh Mohr.For the Wildcats, it will be their second of three consecutive road games to open the year. After playing both non-conference games on the road, Whitko opens TRC play at Southwood next week.In its home opener, Columbia City is hoping to continue its recent trend of success against Whitko. The Eagles beat the Wildcats 43-13 in 2012, and have won all three years since the series resumed in 2010.To read the rest of this story, see the Aug. 30 issue of The Post and Mail. Don't have a subscription? Call (260) 244-5153 or subscribe to our e-edition. For breaking news, sports updates and additional coverage, bookmark the homepage and find us on facebook and twitter.


text:
By Stephen Utz, IU Southeast Sports Information
NEW ALBANY, Ind. - IU Southeast shot a sizzling 54 percent from the field in the second half which sent the Grenadiers to a 89-74 upset victory over undefeated NAIA Division I No. 2-ranked Cumberlands (Ky.), 89-74, on Friday night.
Cameron Mitchell led all scorers with 26 points, Kevin Mitchell had 23 and Haris Batalevic had 20 to lead the Grenadiers to the comeback win.
IU Southeast (9-3) was down 41-32 at the half. Steve Goins dominated the paint for the Patriots and had 15 first-half points. He finished with a team-high 21 points and nine rebounds as Cumberlands (12-1) dropped its first game since March 15.
Cameron Mitchell and Batalevic exploded offensively in the second half. Mitchell had 21 points in the final frame and Batalevic had 15. Mitchell was five of six from three-point range and Batalevic was four of seven from behind-the-arc.
The three-point shot carried the Grenadiers in the second half. They shot 12-20 (60 percent) from behind-the-arc in the second half after only making 3-16 treys in the first half.
But it was Kevin Mitchell's tough drive and layup that gave the Grenadiers the lead for good at 73-72 with 3:53 to play.
Then the Grenadiers went on a 13-0 run in the final 2:10 to put the game out of reach. Mitchell hit two three-point field goals and Batalevic added another to help secure the win.
IU Southeast returns to action on Dec. 22 when they visit Miami-Hamilton at 3 p.m.


text:
J.J. Hardy went 3-for-5 with a home run and three RBI to highlight an 18-hit onslaught that powered the Baltimore Orioles past the Kansas City Royals, 9-2, in the opener of a four-game set.
The Orioles, who were coming off a three-game sweep of the Rangers in Arlington, have won a season-high five in a row. Chris Davis helped keep them streaking with two hits, three RBI and two runs scored, while Henry Urrutia had three hits and drove in a run in the rout.
Scott Feldman (2-1) was the recipient of the run support, though he didn't need much after yielding just two runs on five hits and a pair of walks in eight innings of work.
"It's a lot of fun when things are clicking on all cylinders," Feldman said.
Wade Davis (4-9) didn't make it out of the third inning and was charged with four runs -- two earned -- on seven hits and three walks. He fell to 0-4 with a 10.91 ERA (19 ER, 15 2/3 innings) in his last four outings.
The Royals did not record an extra-base hit and lost for the seventh time in the last nine games.
They had tied a club record Sunday with their 11th consecutive errorless game, but two batters into Monday's contest, Mike Moustakas simply missed Manny Machado's routine ground ball to third, allowing Nate McLouth to score from first when the ball rolled into the left-field corner.
Machado scored on Davis' sacrifice fly later in the frame, and the Orioles tacked on two more in the third on Hardy's run-scoring groundout and Urrutia's RBI single to left.
The deficit was cut in half via Alcides Escobar's sac fly in the third inning and David Lough's RBI single in the fourth, but that was all the Royals could muster.
Brian Roberts' fly ball to deep center field allowed Hardy to cross the plate in the fifth, and a four-spot in the sixth all but sealed the outcome. Davis recorded RBI No. 96 and 97 on the season with a double to left field, and Hardy followed two batters later with his 17th home run of the year.
"It was a clunker," Royals manager Ned Yost said of the setback.
Game Notes
Kansas City center fielder Lorenzo Cain made a sensational diving catch in center field to leave the bases loaded in the second inning, but went 0-for-4 at the plate to snap a nine-game hitting streak ... Lough had two of Kansas City's five hits ... Nick Markakis had three hits for the Orioles.


text:
ASRock A780FullDisplayPort: In April we had looked at the ECS A780GM-A v1.0 motherboard, which boasted AMD's new Radeon HD 3200 graphics. For being an integrated graphics solution, we were certainly pleased with the performance, as it had performed about the same as the discrete Radeon HD 2400PRO. With the success of the AMD 780G Chipset, we have decided to look at another one of these motherboards. This time around we are looking at the ASRock A780FullDisplayPort, which as the name implies it offers a DisplayPort connection for the integrated graphics.
Copyright © 2018 by Phoronix Media. All rights reserved.


text:
Nebraska-Sconsin with a side of Bama-Mississippi for me, please. My interest in getting to the B10CG says root for Wisconsin but my B10 dignity enhancement instincts say root for Nebraska.
Wisconsin vs Nebraska / Night Games Open Thread:
Nope. If I have to cheer for OSU, I have no problem pulling for Wisconsin to help us in the end.
You should want the other division teams to lose. Always.
Why would the Big Ten's reputation be affected when one B1G school beats another?
Four posts, four shades of thought and rooting interest to ponder.
I was conflicted and ambivalent more than anything.
Tennessee is about to get punted to, with a chance to tie it up at GA.
Also, VT scores with 1:49 to go to give themselves a 4 point lead over Cinci...
Bray throws a pick for Tennessee
Munchie Ligoux throws a TD with 13 to go to give Cinci the lead.
This announcer is such a Cinci homer, but whatever...awesome play.
Was probably the best result we could have hoped for... They beat the shit out of each other and staee now has a B1G loss
Their confidence as well. Sparty could spiral out of control with he 2 home losses!
Throw in their dogfight with EMU and they've looked pretty crappy three weeks straight. I don't think they're going to contend for the league title.
Throw in a Nebraska loss and it will be a pretty decent saturday.
I know LSU is playing Towson, but that stadium is silent and empty.
Does Munchie remind anyone else of Denard in his Sophomore year at all? Hair, ability, big plays to win games?
Wow what a flop by the Georgia punter...
Jesus Stricker............are you kidding me. What an awful weekend for him so far.
Can I haz Gusgasms?
This game does involve the conference leader in net offensive yards playing the conference cellar in net offensive yards. I bet you cannot guess which is which.
Lets go badgers! I hate you but you're in the Woody division.
OSU (ntosu) scores on Texas on the second play of the game. Do no Big 12 teams play defense?
Towson showing some fight. EEEESSSS EEEEEE SEEEEE
Let's go Towson, go get 'em.
I must say, it's kind of funny reading all the OSU fans gushing over Fragel(the converted TE) for shutting down Gholston today.
So basically, Fragel is better than air. Good to know.
Just add Fragel to the long list of guys who have owned Gholston...Lewan, no name BSU LT, and whoever ND put at the tackle spots.
New team same result for Gholston....getting owned.
But they must be great because Gholston is an AA and future NFL star!
Prediction: Nebraska pounds Wisconsin tonight.
The Badgers really should be 1-3 right now and they have major trouble moving the ball without Russell Wilson.
"the quick and the red", HA HA. I hate uniform changes.
LSU and SC showing us just how deep the vaunted SEC is.
Nebraska and Wisconsin going full clown college tonight. Thanks guys!
and on that first throw...Martinez shows us his mighty accurate passing.
54 yard pass, not bad.
I see Nebraska is wearing their Northern Illinois tribute uniforms tonight.
7-0 wisconsin, here we go badgers.
I love Neb and Wiscy showing love to michigan by wearing our old alternate jerseys.
Ball returns to his normal self?
Nebraska is apparently exploring its Big XII roots tonight and pretending that it would be mathematically impossible to defend against the run...or indeed, the pass. 7-0 Badgers.
Fumble... Uh-oh nebraska
Kentucky up 17-7 on South Carolina.
Burkhead runs into his own guy causing a fumble. Funny.
God damn it. I thought the game was on espn. I watched the FSU game waiting for it to be done for no reason. This is why I can't have nice things.
EDIT: Towson beating LSU
Great stiff arm from Ball, turning the corner.
Wisc still struggling with the push they had last year. Just not many holes.
Nope, he was down before the endzone.
On Wisconsin! I'd love to see two division rivals go down in Week 1 of Big Ten play.
FG?? Where is Badger man ball?
You have Montee Ball, fourth down at the one-foot line, and you go for the field goal?
Sure the FG gets you a two-score lead, but if your team can't move the ball less than a yard into the end zone, surely your defense can hold the opposing team with 99 yards to work with?
Touchdown Wisco
lol the ole ball coach screwing himself again...decides to go for it on fourth down from inside his own 40 and the snap sails over Shaw's head and Kentucky gets a first and goal.
LolPelini, going from celebration to PeliniRage in three milliseconds.
I think that really sucks that the officials wait until the ball is snapped to have a play reviewed.
The Badgers sent out the FG unit, and changed their mind, so the offense goes for it and supposedly gets this TD....except this stab at the end zone is also being reviewed as well. They may very well get this called one way or the other by midnight if we're lucky.
EDIT: Wisconsin gets this much-anticipated TD. The PAT is good, and Memorial Stadium is silent enough that anyone who farts is doomed to public humilation. 14-0 Badgers.
Lol, I knew south Carolina was way overrated, but Kentucky up 10 on them and at 2 and goal again? Yikes.
Wow, those N fans look shell shocked.
for the Heisman commercial on the B10 Network. Obviously, the engineers have all gone home and left this sucker on autopilot. . . 17 runs for 45 yards today.
Whats up with B1G tailgates and kings ford?
Nebraska returns the KO to about the Wisconsin 20.
Borland, huge hit.
That Borland kid is a heluva linebacker.
Complaint: Nebraska has it made with scheduling their home games. Their two biggest home opponents this year, Wisconsin and Michigan, both of them are night games. And we can't get one home night game this year? Granted our home schedule sucks but the fans would gladly take a night game against anyone, I would think.
Hopefully we can somehow get to the point where we might get even more than one night game against big opponents like this.
Your right, our schedule is really disappointing this year.
We could schedule the MSU game at night, but we don't want to (probably because we don't want our fans to have to go there at night next year).
So THAT is how linebackers are supposed to play.
I like him. Hoke should let him know that UM is a good place to tranfer to if he ever wanted to.
Can't field a kickoff in the corner like that. Either it will go into the end zone as a touchback, or out of bounds and out to the 30.
Man, Wisc's OL is just not vintage this year
Borland almost single-handedly demolishes an opportunity handed to Nebraska on a special teams coverage fail, and the Cornhuskers settle for an FG.
Also, Stave just made what could have been the dumbest pass into coverage in the season to date if it had been intercepted, considering half the Nebraska defense was there to potentially catch it.
Make fun of Martinez's ugly throwing motion...but at least he knows when to tuck the ball and run.
Wow Ball....you cant drop that underthrown or not..
When it's that wide open, the last thing you want to do is overthrow. I consider that a perfectly thrown pass in that situation.
What is it with Wisconsin punters and picking up PFs on the other team?
Brain cramp! Roughing!
Wow, Wiscy's passing is impressive. Their selling out against the run, but the secondary can't keep up.
kid really puts some nice touch on his passes
Wisconsin must really have it out for Nebraska because they have decided to get out of their funk besides that extra point kick.
Does not appear to be good at football.
When you rough the punter, you give the ball back to the other team.
When you give the ball back to the other team, they can score again.
When they score again, your fans wonder if they've spent their money wisely.
When your fans wonder if they've spent their money wisely, they buy less concessions.
When they buy less concessions, you play a team like UCLA.
Don't play a team like UCLA.
Wow. This is bad, bad, bad for Nebraska.
If their season continues like this, and they lose to us (among others), I don't see how Bo Pelini keeps his job. With Osborne going out a new AD might find it helpful to make his own mark with a coach in any case.
I predicted Nebraska to give Wisconsin a pounding tonight. So, I'm done predicting games.
It's the second quarter and Wisconsin has already scored more points than they did against Oregon State and Utah State.
That's because their D sucks. They gave up a school record yardage allowed to UCLA. The same UCLA team that lost to Oregon State.
You've spent the whole first half telling us they suck without Wilson, dude; make up your behind!
Starting to feel a little better about shutting down the Huskers in a few weeks, rolling Wisconsin in Indy is looking a little tougher than it did through the last 4 weeks, though.
Purdue could be the one to make it to Indy. That was my preseason pick and I'm sticking with it.
Neb is in a no win situation....if Bo cant get to the CCG this year he is probably gone. If you bring in someone new they better have strong roots in places like Ohio and Illinois.
With coming to the big ten that pretty much closes recruting i would think in a place like Texas and there isn't a lot of talent that doesn't end up at OU in the same area.
Neb could be in deep trouble if that happens.
Texas has been closed off to NU for a while now. They get their players from all over, and always have; they need to find someone who can do that. I think Pelini has recruiting chops, but his teams are sloppy and undisciplined and wind up losing games they shouldn't.
Not really sure who they would go with--doubtful someone like Art Briles will head up that way, though he would certainly be a good pickup. I guess you could take a risk with a guy like Gus Malzahn; he has the potential to be a brilliant coach, or he has the potential to be a great coordinator whose head coaching career verifies the Peter Principle.
Damn, Wiscy making some good passes/catches.
So did Nebraska get out of the Big 12 at the right time, or is the Big 12 a little overrated? Methinks it's the latter part.
Am I the only one who thinks the big W on the front of the badgers' unis looks like a Madonna-style pointy bra?
OTOH, I'm loving their helmets.
out there on any given Saturday now, it's frightening.
when I first saw them tonight all I could think of was McDonald's. Maybe I have up-and-down dyslexia, but it reminded me of the golden (albeit red and pointy) arches. Or maybe I just thought of McDonald's because they look so tacky. On further study, looks like it's hastily applied electrical tape.
Well Stave is certainly not as mobile as Wilson, that's for true.
Towson -LSU. Right now Towson is down just 8 at the beginning of the second half, and is driving...
LSU could blow this one wide open (which they likely will), but keep your eyes open.
I hate to admit it, but night games are so the shit. Such a better atmosphere than a nooner.
I dunno, there's something to be said for the frenzied passion of a nooner.
This game's not over. Nebraska is starting to get into a groove offensively.
Huge, huge drive for Nebraska.
I'm up with the night games. You get the right kind of game and it's absolute bedlam. When I did my college football trips ten years ago I deliberately tried to target night games, for the best atmospheres. Worked out pretty well.
You have to admire the love of football that Devin Smith must have. He was playing wide receiver for Ohio in East Lansing not three hours ago, and here is is playing CB for Wisconsin in Lincoln now. Apparently, he also plays for us, although he is not officially on the roster.
With that, Nebraska makes this a two-score game with that TD.
You watch way too much CFB. At that, I realize I do too.
/hangs head in shame
There is no such thing as "too much CFB" - especially when the offseason lasts eight long months.
That new Russ Wilson 10 minute commercial is remarkable.
His real GF from last year had much much much larger flotation devices.
Okay, Ole Miss wearing blue helmets and all grey. They look rather like, er, confederate rebels.
The racial history of SEC schools is unfortunate, but they've moved past that nicely. Still, Ole Miss makes me uncomfortable more than anyone else.
Especially when you consider the rumors on what "Ole Miss" really means.
The ball hit the ground. Any schoolboy can see that with his own eyes from behind the TE's back.
Does Ball have a single run over 5 yards yet this game? I still can't believe Wisc cannnot get any push all year.
Anybody else kinda wish Dee Hart muffed that punt?
Movie music would be SOOOOOOOOOO much cooler than generic rock at a night game.
Wow. Nebraska could have used that pick.
that when the announcers say, "Ohio State had a big big win over Michigan State" it should be mandatory that they also note that they're cheating bastards, and on probation. That fact that your cheating might have something to do with your winning tends to get lost in translation.
And the fact that it wasn't that big of a win.
You have got to hand it to Wisconsin, very creative ripping off Bullwinkle!
Ole Miss is only down 3 with a few minutes left in the 1st. How is this not a blowout, already?
Okie St got a nice INT middle of the 3rd, still down 21-17 against UTA.
6-0 Bama. The FG bounced off the right upright and in.
Miss is driving, mostly in the air.
Ole Miss uptempo offense working early against Bama. Gotta get 7 right here though.
"Gotta get". Are you actually rooting against Bama?
Do you want them to get another national title?
I want one of UM's losses to look as good as possible.
Notre dame vs Alabama. National champ game is what I want
I definitely want to see Alabama and/or LSU to lose at least one game besides the game they play against each other. Don't want to see the rematch of the rematch of the rematch.
Miss got a TD and is leading!
They gon' shock da world!!
Damn, wanted Michigan to be the oy team to score on Bama in the first half.
Same here. Don't understand why some want Bama to look bad. Only bad for us.
At this point we have eight garunteed opportunities to show we're a good team. Everybody knows Alabama is a fantastic team it would be kind of exciting to see them slip up. Tell you one thing I'd hate to be the next team on their schedule.
If we finish the season undefeated, I won't care what happens to Bama. But for now, I want our losses looking as good as possible.
I, for one, am hoping that every SEC team will end the year with at least 3 losses, just so we can all enjoy the logical hoops ESPN has to jump through to justify putting yet another SEC team into the title game.
Not really. Just rooting for good football. Three would be nice, but you want 7 when you drive that far.
Well so much for that. It was a nice couple of minutes.
Well that lead was short lived for Ole Miss. Alabama returns the kick off for a TD.
Well, Ole Miss gets the recognition of being the only team thus far that can say at some point in the game, they were beating Bama. They might get lucky and get to be the only team this year that gets that kind of distinction.
Is it me, or does Ball just look less decisive running this year? He seems to want to make multiple cuts as opposed to the one good cut and go he did last year.
I agree. He seems to make way more moves this year as opposed to sticking to running north and south. It is def a step back.
100% agree. He looks the best this game so far this year though.
TD Wisky. The CCG is within reach.
CCG game is within reach...for everybody. Well except for Illinois. And Indiana. And Ohio (woohoo).
Am I the only one who saw that banner that said "turning MichigaN RED"? Not sure what that is supposed to mean... And in Nebraska's stadium?
Why is there blue fabric coming out of Kenny Bells armpits?
just once, I'd like to see the refs say, "there is no foul on the play - this is football for crissakes"
Wow, the defensive line won that battle. When the OL can't blow the DL back 2 yards or create a lane...
UW's D showing the trouble with the spread again
Damn, this game is not going the way I want it to.
this looked like it was going to be a blowout early, but this is getting interesting.
Ole Miss quarterback doing his Denard impression?
Did they really just call Neb's d-linement 'two-gap type guys'? Sometimes I wonder if commentators know anything about football.
Momentum meter swings to Nebraska. I really hope UW can pull this out so I don't have to cheer for Ohio for two weeks in a row.
Is UW capable of putting a DB within 10 yards of a receiver off the LOS?
Wisky is falling apart. Gotta hold the line.
Oh hey, UW figured out they're allowed to be within 5 yards of a Neb receiver. Good for them.
Nebrasksa and Wisconsin's new Adidas uniforms are really something to talk about. Last year, when watching this game, it was difficult to tell each team apart. Both featured strictly red and white in their uniforms, a boring combination IMO. In addition, they both featured two stripes along side the pants and shoulder pads. Even the letters on the helmets looked similar to each other.
In order to solve this aesthetic crisis, Adidas deccided to incorporate black into Nebraska's unis, and gave Wisconsin red above the shoulder pads and a different W. Nebraska's black helmet looks sharp; however, it clashes with the red pants and jerseys. A black pant would compliment the black helmet well. Having too much black though could upset the Nebraska tradidtionalists who are used to seeing the regular red and white on Saturdays.
In Wisconsin's case the jersey looks nice, with the exception that the W is oversied and unintimidating. The block W, like the block M, brings more to the table and looks less elementary. In conclusion, I applaud Adidas's attempt to eliminate the homogenous apperances of these two teams and give them more of an identity. A few adjustments here and there can go a long way in improving these teams normally below average uniforms.
On a side note, Nebraska and Wisconsin need to returf their fields. Their paint is so worn down that the red has turned into a purplish brown. I understand not every program has the luxuries that Michigan has, but these turfs are brutal IMHO.
Sounds like you spent all of wifey day clothes shopping.
Good lord, what in the hell has happened to UW's line this season?
Mississippi is toast. Feel free to tune in to Arizona or Oregon instead.
Maybe UW can re-hire their fired OL coach?
Good god, what is wrong with Wiscy's O-Line? You'd think coaching change shouldn't have that much of a negative effect on a line that is usually stocked with NFL talent.
RR's field goal kicker is now 4/9 on the year with a long of 42. Down 10-0 2Q.
That's not shocking at all
Jesus, bad bad bad tackling. And why does everyone else just stop when they think the runner's going to get tackled?
Watch out for them Beavers.
They're the first Arizona opponent this year that doesn't operate out of the spread.
C'mon Wisconsin O get it in gear. Put together one of those infuriatingly long grinding drives you're good. For the love of the game don't run it straight into the teeth of the defense. Try the edges.
Have you seen Ohio sell out their traditions twice today? Once for AT&T and some assholes on college FB tour, and again for dotting the i with Hyundai. Arizona likewise dispensing with all self-respect, so I guess that's a thing now.
Make dispensing with all self-respect into a tradition and no one can ever accuse you of selling it out.
Okie State is a complete and utter disappointment.
Jebus, Wisconsin is unraveling. Ball can't do anything but run into the backs of his linemen.
There's a reason why they are dead last in the conference in total offense, and 110 in the nation.
I don't want to say this games over, but Wisconsin has lost all it's momentum. Nebraska decided to finally field a defense, and Burkhead is looking like Burkhead.
UW needs to start taking a few more chances on D. Like maybe playing press coverage and bringing a blitz or stunt or two. And also, you know, re-learn how to breakdown and tackle.
How many Devin Smiths are there in this conference? Of course Musberger would think we have one of them.
Come on, Martinez, it's about time for you to gift the other team an INT...
Christ, can UW put any DB within 10 yards a receiver? Are they seriously trying to GERG themselves to a win?
texas got should be a fumble going the other way, what a crock of shit
I'm hoping Obrien can do to Braska what Rees did to us.
But I'm thinking I want them to win because we play them there also and I want them to lose at home to us, not Wisc.
Good logic?
I could go with that but why not take a half game lead?
I could go with that but why not take a half game lead?
Edit: That's it. I'll go with you.
Honestly, I think our trip to Nebraska will be very difficult, so I was hoping for some help from Wisconsin tonight.
I see the Leaders as a four-way race between Nebraska, MSU, Northwestern, and Michigan. Every loss of one of our main competitors for the Leaders lowers our magic number, whether it happens now or late in the season.
Epic, epic fail by Wisconsin.
That was just turrible. Run right into three blitzing LBs...wow...
I wonder if Ball regrets not bolting for the NFL now.
How do you not sneak it there? You've got a huge QB. Why run a slow-developing play that hasn't even worked all night?
It's not like they have Dominic Raiola at Center
Did they expect anything different from what had been happening all game? Why the fuck would you run it.
Good one BB.
Way to go cheesedicks.
There's less than 5 minutes in the third and Alabama is only winning by 13. Saban is eating someone's soul tonight.
A 2-2 Washington State team is giving Oregon a game. It's 23-19, Ducks, late in the second quarter.
MIke Leach is a character.
like Oregon and Bama that seem to do good in a very sneaky way rules wise, I don't know for sure, it's just something about programs like that , that reek filthy filth
Ergo, I root for them to suffer and lose, especially to lesser teams.
Zona run D is turrible.
70 yard punt and fumble recovery totally changed this game.
Watching WVA and Baylor earlier, and Arizona and Orgeon State tonight, is anyone else depressed at the thought that we simply will not have a modern offense with Borges? The tempo, high efficiency passing (Lindley didn't complete 60% of his passes; neither did McNown his senior year; add in the Indiana QBs and steady decline at Auburn), etc. How many years are sufficient to judge his performance at Michigan? If we have four years of steadily declining offensive results, will we bring in someone new, and would Hoke/Brandon hire someone without Michigan ties? Would we ever experiment with someone like a Holgerson/Art Briles/ Sonny Dykes/ Leach, or would we hire someone who believes in MANBALL (see Hoke's comment about a spread offense hurting the defense who practices against them)? Who are the good up and coming OCs having success with that type of style (if they exist)?
Alabama plays MANBALL offense and they seem to be doing alright.
It will take time to get the right personnel for the offense Borges/Hoke want to run. We must remain patient and remember they too are forced to adapt in these transition years.


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Denver Museum of Nature & Science Partners with
Local Artist to Create a Modern Representation of Pompeian
Museum visitors may see the artist in action beginning
October 1
Denver-October 1, 2012-Denver Museum of Nature & Science is
excited to partner with local artist Jonathan Saiz on
Phaeton, a modern representation of the wall paintings,
mosaics, and frescoes of ancient Pompeii. Museum visitors will be
able to watch Saiz every day through the middle of October as he
creates the art piece.
Phaeton is a tribute to all four painting techniques
known as the Pompeian Styles and reflects the myth of Phaeton, the
ill-fated son of Helios, who nearly destroyed Earth with his eager
attempt to drive the Chariot of the Sun. The oil on wood piece will
later be available for purchase in a silent auction at the Museum's
annual gala Museum After
Dark, on Friday, November 2.
About the Artist
A Colorado native, artist Jonathan Saiz now lives and works in
Europe. He is represented by the Gildar Gallery of Denver; Minima
Gallery in Mykonos, Greece; and Alpha Gallery in London. You may
watch him at the Museum every day through the middle of October as
he paintsPhaeton.
A Day in Pompeii
Authentic mosaics and frescoes are on display in A Day in
Pompeii on Level 3 of the Museum. For more information and to
purchase tickets, visit www.dmns.org/pompeii.
About the Denver Museum of Nature &
The Denver Museum of Nature & Science is the Rocky Mountain
Region's leading resource for informal science education. A variety
of engaging exhibits, discussions and activities help Museum
visitors celebrate and understand the natural wonders of Colorado,
Earth and the universe. The Museum is located at 2001 Colorado
Blvd., Denver, CO, 80205. To learn more about the Museum,
check www.dmns.org, or call 303-370-6000.
Many of the Museum's educational programs and exhibits are made
possible in part by the citizens of the seven-county metro area
through the Scientific & Cultural Facilities District.


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Kassandra Ruiz
|Madera, CA
|High School:
|Madera South HS
|Previous College:
|Human Biology
Kassandra graduated from Madera South HS in 2011. While is high school she was awarded the Birdie, Most Consistent, MVP, and Par. She was also team captain and played a year of soccer.
She is the daughter of Minerva and Salvador Ruiz. She has 2 sibilings, Jiovonni and Kandra. During her free time she enjoys visiting her grandparents Jose Luis Delgafo & Celia Calderon, playing golf with Edward Durham and Mark Lohurs, and going to her grandparents Jesus & Efi Ruiz's barn.


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Some bad news for Republicans trying to hold back tax increases on the wealthy as part of a fiscal cliff deal: A Politico/George Washington University Battleground Poll out Monday morning finds that 60% of likely American voters favor raising taxes on households making more than $250,000 a year.
That support dovetails neatly with President Barack Obama's position — a stance that some Republicans are grudgingly coming around to. Over the weekend, Sen. Bob Corker, a Tennessee Republican, said that a growing number of GOP lawmakers realize that they'll get the upper hand in budget talks if they agree to raise tax rates on the wealthiest Americans. The idea is then to force cuts to entitlement programs in a subsequent battle over the debt ceiling.
The poll found that only 38% believe the Republicans' argument that raising taxes on households earning more than $250,000 would hurt the economy, whereas 58% don't buy it.
Obama is almost certain to again press for the higher tax rates on Monday afternoon when he speaks in Michigan, at a Daimler Detroit Diesel plant. He and House Speaker John Boehner met Sunday and each side said "the lines of communication remain open."
– Robert Schroeder
Follow Political Watch on Twitter @MKTWPolitics
Follow Rob on Twitter @mktwrobs
Click here for more MarketWatch fiscal cliff coverage.


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The Black Hawk Nighthawks 4-H Club held their regular monthly meeting on Saturday May 11th, and the roll call was, "Say something you will miss about school."
The club met at the UCC Church for a short meeting before we collected the food for the postal food drive. Malissa told us information for the county fair should be sent out soon. She also told us we could find the fair book online at grundycountyfair.com/fairbook.html. The State Fair livestock entries are due by July 1st and must be paid by July 2nd. We discussed more about the club's skit for this year's Share the Fun. (Our theme is "Alien 4-H Fair"). We will meet at Malissa's house on June 11th to work on the costumes and props. Malissa is going to see if we can present the skit at the nursing home on June 29th because that would also be great practice for the fair. After that, we discussed the planned club trip to Adventureland. We decided to go on Friday, June 21st and we will meet in the elementary parking lot at 8 a.m. The club will pay the admission for 4-H members. Adults are welcome to come, too, but they will need to pay their own admission cost.
After the meeting the club collected food for the postal food drive.
Article Photos
Black Hawk Nighthawks 4-H Club members helping with the annual Post Office food drive.
Our next club get together will be the Adventureland trip on June 21st and then the skit performance/practice on June 29th. The Grundy County Fair is July 22nd July 27th.


text:
Italian football legend Alessandro Del Piero has said it's an honour to meet and exchange shirts with Sir Elton John.
Elton John apprised Del Piero about his son Zachary's footballing ability backstage after his appearance on Aussie X Factor.
The former Juventus captain, who recently joined Sydney FC, handed Elton personalised shirts for himself and his young lad.
"My little boy is 22 months old and loves soccer. He's already kicking the ball around. He will love this," the Sun quoted Elton John, as saying.
Del Piero was just as honoured to meet former Watford chairman Elton, despite him referring to football as soccer.
"I am such a fan. How he is able to write his songs in just a couple of days - that is so special. My whole family have always loved his music," Del Piero said. (ANI)


text:
PARIS, Texas (AP) - A Texas judge ruled for developer of the disputed Keystone XL oil pipeline, saying it has the right to condemn land across a northeast Texas farm for the pipeline's right-of-way.
The pipeline proposed by TransCanada would carry oil from Canadian tar sands to refineries along the Texas Gulf coast.
In an email to attorneys Wednesday night, Lamar County Court-at-Law Judge Bill Harris ruled the pipeline would be a common carrier with the right to condemn land across the farm for the Keystone XL right-of-way.
Landowner Julia Trigg Crawford had argued that TransCanada trampled her property rights and the project could harm Caddo Indian artifacts on her farm.
(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


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By John Schuhmann, NBA.com
VIDEO: Playoff Push: Los Angeles Clippers
HANG TIME NEW JERSEY — No first-round series is more anticipated than the one that pits the Los Angeles Clippers against the Golden State Warriors.
It's the league's best offense against the Western Conference's best defense. It's Lob City vs. the Splash Brothers, Chris Paul vs. Stephen Curry, and Blake Griffin vs. a team that doesn't like him very much.
These two teams split four explosive regular-season games, but the Warriors will be without Andrew Bogut to start the series. And that may be the difference.
Here are some statistical nuggets regarding the 3 and 6 seeds in the Western Conference, as well as the four regular-season games they played against each other.
Pace = Possessions per 48 minutes
OffRtg = Points scored per 100 possessions
DefRtg = Points allowed per 100 possessions
NetRtg = Point differential per 100 possessions
Los Angeles Clippers (57-25)
Pace: 98.4 (7)
OffRtg: 109.4 (1)
DefRtg: 102.1 (7)
NetRtg: +7.3 (2)
Overall: Team stats | Player stats | Lineups
vs. Golden State: Team stats | Player stats | Lineups
Clippers notes:
- Had the two best offensive lineups among those that played at least 200 minutes, scoring 117.2 points per 100 possessions in 597 total minutes with Chris Paul, Matt Barnes, Blake Griffin and DeAndre Jordan on the floor, with either Jamal Crawford or Darren Collison at the other guard.
- The Clippers ranked seventh in defensive efficiency overall, but 21st in games against teams that finished with winning records, allowing 107.0 points per 100 possessions in 43 games against the 16 teams that finished above .500. No team had a bigger defensive discrepancy between games against winning teams and games against losing teams.
- At the same time, the Clippers are the only team that was better offensively against teams with winning records than they were against teams with losing records.
- Griffin was assisted by Paul 227 times. That's the highest of any teammate-to-teammate total, one more than Ricky Rubio to Kevin Love.
- Griffin led the league with 461 baskets in the restricted area.
Golden State Warriors (51-31)
Pace: 98.5 (6)
OffRtg: 105.3 (12)
DefRtg: 99.9 (3)
NetRtg: +5.4 (6)
Overall: Team stats | Player stats | Lineups
vs. L.A. Clippers: Team stats | Player stats | Lineups
Warriors notes:
- The Warriors were 17.0 points per 100 possessions better with Andre Iguodala on the floor (+13.7) than they were with him on the bench (-3.3). That was the biggest on-off-court differential in the league among players who logged at least 1,000 minutes for one team.
- Stephen Curry shot 31-for-31 on clutch-time free throws, the only player without a miss in at least 20 clutch-time free throw attempts.
- 28.4 percent of their opponents' shots came from the restricted area, the lowest rate in the league. With Andrew Bogut on the floor, that number was 27.3 percent. With Jermaine O'Neal on the floor, it was 27.6 percent. With neither on the floor, it was 30.5 percent.
- Klay Thompson led the league with 0.48 points per touch.
The matchup
Season series: 2-2 (Home team won all four games)
Pace: 100.5
LAC OffRtg: 107.3 (4th vs. GSW)
GSW OffRtg: 107.0 (9th vs. LAC)
Matchup notes:
- The Warriors' starting lineup was a plus-19.2 per 100 possessions in 87 minutes against the Clippers. All other Golden State lineups were a minus-15.9 per 100 possessions in 105 minutes.
- Paul averaged 28.0 points per game against the Warriors, his highest average against Western Conference opponents. The Clippers were a plus-28 in 115 minutes with Paul on the floor against Golden State, and a minus-25 in 77 minutes with him on the bench.
- Curry shot 58.6 percent from 3-point range against the Clippers, his highest mark against Western Conference opponents.
- Warriors reserves shot 25-for-98 (26 percent) against the Clippers.
- Griffin shot just 11-for-29 when defended by David Lee.
- See more exclusive SportVU matchup data here.


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by gothamalleyviper - 1/11/2014 11:30 PM
So, Jean Grey: black Queen
by gothamalleyviper - 1/11/2014 11:40 PM
Jubilee (Vampire version?)
by LesLes - 1/12/2014 10:08 AM
Jubilee and Laura went sight-seeing together in Paris, and Laura cut her neck to let Jubilee drink her blood. http://oi56.tinypic.com/35a5bg0.jpg
This reply is a little bit of brainstorming (which means mostly bad ideas) and a little bit how I would take the story if I had time to write. As such you can expect it to focus on the X-Women.
My list and then some of my reasoning:
by aspiringactor - 1/12/2014 4:11 PM
I think Jean needs to 'convert' a few more soldiers before tackling someone like Psylocke, Emma or the Stephord Cuckoos. Just as 'muscle' and not necessarily people of importance. WHile the positions of power should be filled by women, Jean would see the practicality of having someone like Wolverine or Colossus as a bodyguard/sex slave.
And I like LesLes' idea about the Cuckoos. Maybe she could bring back the two dead ones before corrupting the three-in-one. Then she'd be able to tackle Emma/Xavier with no problem.
by gothamalleyviper - 1/12/2014 6:36 PM
Right now Emma is a lamb up for slaughter, so if people want to play with that go ahead. I should think Naughty Black Queen would want Wolverine for her Black King. But good idea about Colossus too.
by gothamalleyviper - 2/5/2014 9:39 PM
Jean Grey-Black Queen to Hellfire Empress
Laura Kinney (X-23)- Black Knight
Jubilee - Black Bishop?
Emma Frost- (lamb at Jean's mercy for right now)
by gothamalleyviper - 2/17/2014 7:55 PM
Jean Grey - Black Queen to Hellfire Empress
Laura Kinney (x-23) - Black Knight
Jubilee - Black Bishop
Emma Frost - White Queen
Stepford Cuckoos (three-in-one) - Open
Esme Cuckoo - Back from the dead
Sophie Cuckoo - Back from the dead


text:
Art has the capacity to change the self-orientation of both the artist and the viewer. In producing art, the artist interacts with his or her internalized objects. The creative act can thus become a therapeutic tool, extending from verbal experiences into nonverbal and pre-verbal experiences across all stages of psychological development. Significantly, art allows for critical distance, retrospection, and vast opportunities for individual choice and, thus, may be conducive to an improved self-image and self-esteem. Dr Janos Marton,1 the Director of the Living Museum, believes that the success of his innovative psychiatric rehabilitation program stems from capitalizing on the intrinsic properties of the artistic process: "The patient's particularized, broken, fragmented self must fit into a more manageable flow. Then, the patient eases his/her way into a slow process of identity change. . . . Self-transformation is the objective of all art, and the [patient] artists . . . no less than others."
Dynamics of art
Art perception relies on a dialogical communication between the artist, the audience, and the cultural tradition that allows for new interpretations to be made and new meanings to be generated. Inherent in all artistic activity, these dialogical mechanisms become particularly striking in outsider art and can serve as a basis for fighting stigma. All artistic creation is a bridge to the social: art can exist only among other art and must be preceded by art. "An isolated text is incapable of generating meanings; like any dynamic generating system, a text requires input of outside information, which in this case implies an interaction with other texts and cultural environments."2 The aesthetic value of an artwork does not depend on the fulfilment of the norm. In non-artistic communication, it is not the language but its content that carries information: we do not pay attention to the shade of red used on a stop sign. While this aspect of communication remains present in art, it is not exclusive nor is it necessarily the primary one.
Although in a non-artistic communication it is precisely the adherence to the rules that ensures adequate transmittal of a message, in a work of art this proves insufficient and is often detrimental. Simple adherence to a set of rules does not create aesthetic value. "If we dealt only with a strict system of rules, each new work would represent an exact copy of a previous one, redundancy would prevail over entropy and the artwork would lose its informational value."3 Kitsch is an example of artwork that follows well-known models closely, without contributing any original interpretation.
If mere adherence to the norm does not create artistic value, neither does the complete destruction of the norm. The long-standing popular misconception of outsider art as free from existing conventions, social or aesthetic, has been easily challenged in an age when access to the internet is widespread and long-term institutional isolation of patients is rare; more important, this contradicts the nature of the artwork as a semiotic structure. Indeed, art without any rules, without structural relationships is impossible. Limitless choices, absence of rules, and absolute freedom from any set limits are not the ideal but rather the death of communication.
When faced with an unknown alphabet whose rules are effectively nonexistent for us, we are unable to decipher any message at all. At the most abstract level, art represents a dynamic relationship between following an existing aesthetic norm and deviating from it. A closer analysis shows that a work of art often exists at the intersection of multiple concurrently active aesthetic norms. Any living culture depends on constant exchange between the peripheral and mainstream, archaic and innovative, high-brow and low-brow; it is this dynamic that allows art to accumulate new meaning over time.
Art production allows a maximum freedom of choice for the artist while at the same time providing a connection to existing rules, conventions, and structures. The greater the number of potential choices available to the artist, the more valuable is the information represented by a particular choice. The audience's assumptions of the artist's intention and accountability play a particularly big role in the interpretation of outsider art. The more the audience is aware of an existing artistic model on whose background the given artwork functions, the stronger they perceive that work's uniqueness. The individual and the universal are no longer isolated but, on the contrary, require each other.
What new information does this article provide?
? The article focuses on the theoretical framework underpinning the contemporary understanding of the dynamics of psychiatric art. Using the semiotic approach to art production and perception, the article makes the connection between the dialogical mechanisms of art and the potential uses of art to counteract stigma, including self-stigmatization.
What are the implications for psychiatric practice?
? Creative works by patients provide a key source of information in the diagnostic process. Furthermore, because all artistic activity is a communicative act, working with patient art aids in gaining a better understanding of the preserved aspects of a patient's personality, beyond the pathological syndromes, and in building a better rapport. Gaining insight into patient art allows for more effective planning of the specific medical and social rehabilitation strategies. At the community level, outsider art is a powerful tool in anti-stigma campaigns.
Aesthetic function arises at the intersection of a highly individual activity and the established cultural codes and structures. Any art object is saturated with values and must be analyzed in relation to its surrounding society in order to understand how it is perceived. Connecting spectators to meaning just as it connects the artists to collectors, art fosters cooperative communication in which the dignity and individuality of a mental health patient may be reaffirmed.
1. Marton J. Journey of Hope: Artwork From the Living Museum, a Space for Art and Healing. New York: Bristol-Myers Squibb Co/Todd Street Productions; 2002.
2. Lotman YU.M. Izbrannye Stat'i [Selected Articles]. Vol 1. Tallinn, Estonia: Alexandra; 1992:146-147.
3. Lotman YU.M. Ob Iskusstve [On Art]. St Petersburg, Russia: Isskustvo-SPb; 1998:276.
4. Sukhanova E. Tracy Reinhardt Interview. In: Thomashoff H-O, Sukhanova E, eds. The Person in Art: Conceptual and Pictorial Frames on Art and Mental Health. New York: Nova Publishers; 2008:129-132.
5. Thomashoff H-O, ed. Human Art Project: Art for Anti-Stigma. Stuttgart, Germany: Schattauer; 2002.
6. Brodsky J. Uncommon visage. In: On Grief and Reason. New York: Farrar, Straus and Giroux; 1995:49-50.
7. Sartorius N. Breaking the vicious circle. Ment Health Learn Disabil Care. 2000;4:80.
8. Smith M. Stigma. Adv in Psychiatr Treat. 2002;8:317-325.
9. Freud S. Complete Psychological Works of Sigmund Freud. Vol 9. London; Hogarth Press: 1959:43.


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And that's helpful in the preparation of my sushi dish.
Monday, July 23, 2012
Kitchen pliers
Do you mean to say that you use a pair of pliers when you're preparing a meal in the kitchen?
Yes, they're ideal for removing the last few bones from slabs of fresh salmon.
Maybe you're trying to identify those strange dark circular slices in the middle, surrounding the squirt of hot-as-hell wasabi. They're pickled walnuts. In fact, I picked green walnuts just a few weeks ago, pricked them and soaked them in brine for a week or so to remove the toxicity, let them dry in the sun for three or fours days, and then placed them in a mixture of clear pine honey and kirsch (cherry brandy) to macerate.
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I'm wondering whether other users of this tool consider that screwdrivers, in saying all these nice things about my Kitchen pliers blog post, has hit the nail on the head.ReplyDelete
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