Midwest Center for Constitutional Rights

Warren resolves complaints of excessive police force - 21 News Now, More Local News for Youngstown, Ohio -

2012-01-24T00:00:00.000-05:00

Warren resolves complaints of excessive police force - 21 News Now, More Local News for Youngstown, Ohio -

ARTICLE: AN ALTERNATIVE REMEDY FOR POLICE MISCONDUCT: A MODEL STATE "PATTERN OR PRACTICE" STATUTE

2012-01-22T13:53:00.000-05:00

ARTICLE: AN ALTERNATIVE REMEDY FOR POLICE MISCONDUCT: A MODEL STATE "PATTERN OR PRACTICE" STATUTE

this is one possible alternative and/or supplemental potential remedy that could help in the future with similar
such issues for the pattern and practice issues of modern policing
....

its not going to happen any day ...soon in this state, which is FOP HQ central....for the midwest

but, hopefully, ideas do matter

Welcome to the United States Department of Justice

2012-01-15T12:13:00.000-05:00

Welcome to the United States Department of Justice

Justice Dept announces formally....the Special Litigation Section
finds "Warren Ohio engaged in a pattern and practice of civil rights
violations of its citizens..."....eight years after the investigation was begun in Dec of 2004...and as they reference, "after a series of lawsuits alleging the same were filed in 2004..."...

Those lawsuits were filed by mainly this blog's and the Midwest Center's Executive Director...allegedy use of excessive force and
that the city had in fact, condoned a policy of such a pattern violation of civil rights violations among its citizens...at the administrative level of its operations including its Police Chief
and its Mayor

Main Justice � Ohio Police Force Pledges Reform � Print

2012-01-14T19:54:00.000-05:00

Main Justice � Ohio Police Force Pledges Reform

This is a unique finding for today's U.S. Civil Rights Division
and it speaks volumes since, they actually made a finding of
a historic pattern of civil rights violation among the citizens of Warren, Ohio ...

this is a very important finding...

it comes way to late for many of us who were stating this was the case
seven years ago...and sadly for many poor citizens and clients, who sued the city and yet were denied their full redress due to the serious recalitrant judge of Northeastern Ohio namely, one of them located in Youngstown's federal courthouse who became so hostile to the very idea of these kinds of lawsuits and who derided every solo lawyer starting w/ myself, who ever dared to bring such a lawsuit seven years ago, against this city..

That judge, a clinton appointee knows who he is and he ought to be the first one the U.S. Justice Department reviews in how he managed and processed these original "2004 civil rights lawsuits"

i managed to win three of these within two years and these cases were also vindicated and upheld at the Sixth Circuit Court of appeals...

yet, the pattern and practice issues was never allowed into the federal court justiciable resolution due to the recalcitrant Clinton appointees posture against the poor citizens claims which arose inside the City of Warren back seven years ago

this victory is a clear vindication of those clients assertions and claims and yet, too, it is a sad almost dark victory...since their claims were largely either settled or dismissed without any such final resolution of this very finding that is announced today by the Justice Dept lawyers...

these lawyers knew of my work and they were first clued into the serious depths of the problem in Warren by this author....in August of 2003.

This investgation was begun in December of 2004, in one of then AG John Ashcroft's last in office decisions before he resigned his position right after Bush won his 04 re election, a move that surpised even myself at the time as noted by the Cleveland Scene Magazine's side notes who said at the that time..."given what just happened w/ John Ashcroft announcing the DOJ investigation into the City of Warren, Ohio, Attorney Richard Olivito is now blowing kisses to him..."...and they had a small picture of me...on the side....

it was their way of reporting in typical sardonic style...important facts that they themselves had reported on..

Youngstown News, Feds, Warren OK police policy

2012-01-14T19:28:00.000-05:00

Youngstown News, Feds, Warren OK police policy

this headline is rather seriously misleading...but its the content and
what the U.S. Justice Dept Civil Rights Special Litigation Chief said
about this "agreement" that is critical

And basically it confirms and validates everything i wrote and spoke and
ever litigated inside the U.S. Northern District Courts about the City of Warren's PD since 2003/4 thru the 2008...

"the city of warren maintained a pattern and practice of civil rights violations of excessive force against its own citizens"

that's an encore performance....thanku....and that isn't said arrogantly nor
off center...

its simply true and its what this blog was designed for in the first instance and why the Midwest Center exists

the midwest center co hosts city council meet the candidates night for local city council election

2011-10-30T19:51:00.000-04:00

this Tues Nov 1, at 530 pm the midwest center along w the local naacp will host its first meet the candidates night for steubenville city council contested elections...the forum will b thenly public forum this election year for these three city council races. the Fourth, the Fifth and the at large seat are contested races...This November...the event will b held at'the mlk center in steubenville and all local media will b attending....free spech is critical to any democracy and this forum will provide some meqsure of that virtue to'be exercised inside this years elections locally...

Midwest Center for Constitutional Rights

2011-10-01T00:17:00.001-04:00

Its important to recognize the link between america's deep past struggles w human freedom and todays human rights and corporatism challenges..

us justice dept annnounces it is stepping up enforcement of 1441 police patttern and practice claims

2011-09-19T01:37:00.016-04:00

the us dept of justice civil rights division is stating it has opened 17 investigations into pattern police misconduct in cities across america, reversing a trend among bushs doj that politicized this divisions police accountability enforcement efforts.....in favor of the national FOP interests.

this announcement is curious in that it comes late in the third year of the obama administration and after allegations and criticisms that the dept had been negating and downplaying several high profile police shootings and beating cases around the nations largest metro cities....includng seattle, pittsburgh and elsewhere...

if the statment is an honest anouncement and real policy shift, it is a very newsworthy pronouncement. this law allows the us justice dept to monitor and regulate local police departments activities concerning civil rights violations inside us cities and towns, which was first implemented and applied by a combined effort between the us justice dept special litigation unit and my self and a small groups of others

police civil rights misconduct done towards the citizens of its own towns and cities....

Local News | Justice Department begins preliminary review of Seattle police | Seattle Times Newspaper

2011-09-18T11:10:00.000-04:00

Local News | Justice Department begins preliminary review of Seattle police | Seattle Times Newspaper

2011-09-18T11:09:00.000-04:00

the justice dept begins a long overdue effort..in seattle....re pattern police civil rights investigations...

Appeals court allows Rumsfeld torture lawsuit - CBS News

2011-08-09T09:15:00.000-04:00

Appeals court allows Rumsfeld torture lawsuit - CBS News

2011-07-07T06:19:00.000-04:00

oceanside california buys a armoured tank for its routine police work along w 300

other american cities.....as this artivle indicates

National Trust For Historic Preservation Names Isaac Manchester Farm in Avella, Pa., to Its 2011 List of America’s 11 Most Endangered Historic Places®

2011-06-16T08:12:00.000-04:00

National Trust For Historic Preservation Names Isaac Manchester Farm in Avella, Pa., to Its 2011 List of America’s 11 Most Endangered Historic Places®

Facebook

2011-05-28T22:16:00.000-04:00

Facebook

Ben Lundy...Freedom's champion

Congress votes to renew anti-terrorism steps | Reuters

2011-05-28T08:09:00.000-04:00

Congress votes to renew anti-terrorism steps | Reuters

The U.S. congess without so much of a true serious split
between Dems and Republicans, made clear this week

that they had no problem with the growth of police state
America....and the continuing erosion of civil liberites

in the U.S. vis a vis the federal system

The Founding Fathers and the original colonists
and anti-federalists for sure, would be turning over
in their graves...

if they heard of the ability this "patriot act" gives the
federal govt in such a time as this

Pittsburgh to reinstate 3 officers in beating case | Wichita Eagle

2011-05-05T18:59:00.000-04:00

Pittsburgh to reinstate 3 officers in beating case | Wichita Eagle

Turley: The demon is dead; so are many of our rights - USATODAY.com

2011-05-03T20:12:00.000-04:00

Turley: The demon is dead; so are many of our rights - USATODAY.com

Blogger: Bushladen - Publish Status

2011-05-02T11:08:00.000-04:00

Martina Caroni

2011-05-01T12:08:00.000-04:00

Martina Caroni

The Commentary of Drunken Master RAO

Black Unemployment At Depression Level Highs In Some Cities

2011-04-28T01:30:00.000-04:00

Black Unemployment At Depression Level Highs In Some Cities

Old National Debt Clock

2011-04-18T12:10:00.000-04:00

Old National Debt Clock

Benjamin Lundy, Pioneer Quaker Abolitionist

2011-04-09T01:18:00.000-04:00

Benjamin Lundy, Pioneer Quaker Abolitionist

One hundred years after his death, the Centennial Memorial Committee gathered at the gravesite and dedicated a bronze plaque to the pioneer abolitionist. The tribute, from Whittier, reads, "It was his lot to struggle, for years almost alone, a solitary voice crying in the wilderness, and, amidst all, faithful to his one great purpose, the emancipation of the slaves."

The Genius of Universal Emancipation

2011-04-09T00:15:00.000-04:00

The Genius of Universal Emancipation

Lundy's papers and ideas on how he came to
produce and edit his original anti slavery paper
from Mt. Pleasant, Ohio

Police brutality on a US news channel? (you decide)

2011-02-19T21:15:00.000-05:00

FDR Fireside Chat. 2nd Bill of Rights

2011-02-18T11:56:00.000-05:00

FindLaw's Writ - Hamilton: The Philadelphia Grand Jury's Report on Clergy Child Sex Abuse in the City's Archdiocese A Lesson for All States

2011-02-17T10:39:00.000-05:00

FindLaw's Writ - Hamilton: The Philadelphia Grand Jury's Report on Clergy Child Sex Abuse in the City's Archdiocese A Lesson for All States

A Profile of Charles Hamilton Houston

2011-02-12T21:59:00.000-05:00

A Profile of Charles Hamilton Houston

Lecture on Southeastern Ohio Abolitionists

2011-02-08T02:08:00.001-05:00

Lecture on Southeastern Ohio Abolitionists

Saturday, February 12th, at the old Fort Steuben, completely restored to the original historic site...at 2 pm open to the public and free Sponsored by both the Old Fort Steuben and the local NAACP

a lecture by Midwest Center's Director Richard Olivito on the origins of early abolitionism; the title of which is

"The Southeastern Ohio early abolitionists and the meaning and struggle for American national citizenship"

From 1817 to Reconstruction till Today, the challenge of the theories behind the concept of national citizenship remains a vital if not pivotal part of the American Experience

Egypt: Bloggers open the door to police brutality debate · Global Voices

2011-01-31T23:10:00.000-05:00

Egypt: Bloggers open the door to police brutality debate · Global Voices

Director of Midwest Center elected to Local NAACP Executive Committee Board

2010-12-16T16:20:00.001-05:00

Given the unique role and history of the strong advocacy of the oldest organized civil rights organization in the U.S., I am very honored, grateful and proud to be able to serve as part of the Steubenville Branch's Executive Committee for the upcoming year within the newly elected administration.

First, I just want to say thanku to all those who put their faith in my candidacy and voted for me to become a part of the executive board inside the NAACP local branch recently. A special recognition goes to immediate past president, Royal Mayo for suggesting and helping me to run for the Executive Committee. I also know many across the region voted and I respect your support and ideas and contribution both in the past and in the future to our NAACP branch.

I have a long commitment to civil rights advocacy in this region and as i learned from my own late father, Judge Dominick Olivito, have always had a strong urge to serve the broad community's interests with an eye towards fairness and equality in treatment for all.

I enjoy a close bond with many of those who have struggled for freedom and equality and inside of our court system in particular, in the past several decades, and i hope i can bring something of the humility and deep sense of purpose that my father did, to the region and to the NAACP local branch and surrounding regions.

There remains a lot of work to be done and under the direction of the new leadership and as a member elect of the new executive committee, we hope to get down to business soon and continue to build upon the fine efforts of those who have come before us to promote opportunity, fairness and equality in all aspects of the Ohio Valley and those arenas which need so much focus to get both minority and poor peoples voices heard and made relevant alongside of all other civic and religious and community oriented groups and local and state governments who have a say in our regional affairs.

....thanku and lets get busy...making some noise...

Midwest Center for Constitutional Rights: A critical look at the Administrations legal position on Warrantless Wiretaps; Again, No change from W 's policies whatsoever

2010-12-16T13:10:00.002-05:00

This is a very serious newsworthy Raw News reports about the Obama administrations efforts to continue on with the warrantless, roving wireless wiretaps ...

that were so seriously instituted on a broad scale during W's term in office and were even promoted by Clinton's administration at times...

this very serious erosion of the Fourth Amendment of american individual liberty interests, applied to the individuals via the 14th Amendment

is something that every citizen from all political backgrounds and persuasion, not just the left, ought to be very very concerned about...

if this is happening in the green, so to speak..while we claim relative calm inside our nation....then what will come of us in the dark

...if we lose this warrant requirement freedom as sought by the federal govt DOJ lawyers arguments inside this fight...

then our nation loses its basic Character and our fight against human coercion and terror groups is a lie....anywhere...

our govt is rapidly using the war on terror, just like Bush's era, to turn this into a war on american basic freedoms...

and its completely hypocritical for this president to state "we can balance freedoms of our Founders with the security needs of the modern present" ...as he did on his first day in office

and then openly fight and argue inside legal briefs before Federal Courts in DC...against the very people who are trying to restore the balance that was so seriously eroded during W's tenure....

its very very serious....and its something that anyone with any concern for both the constitutional rights of Americans and our civil liberties as a whole...

ought to be focused on and willing to oppose...whatever the color or the political affiliation of those in high office...

Midwest Center for Constitutional Rights: Ohio Supreme Justice M OConner was joined by these two Michigan republicans in backing Massey Energy Corps purchase of a West Virginia Supreme Court Seat/Candidate for Profit

2010-06-15T22:21:00.000-04:00

Midwest Center for Constitutional Rights: Ohio Supreme Justice M OConner was joined by these two Michigan republicans in backing Massey Energy Corps purchase of a West Virginia Supreme Court Seat/Candidate for Profit

Ohio Supreme Justice M OConner was joined by these two Michigan republicans in backing Massey Energy Corps purchase of a West Virginia Supreme Court Seat/Candidate for Profit

2010-06-15T22:18:00.001-04:00

THERE is no question, state supreme court seats have a price tag and in Michigan as well as Ohio...AS WELL AS OTHER STATES AROUND THE U.S.

These current incumbent Republican state court justices even went so far as to openly support by amicus briefs, Massey Energy Corp's position before the U.S. Supreme Court, last year, that it was NOT a 14th amendment Due Process violation and conflict of interest to give three million to a judicial candidate for the state's high court,...even though this judge expressly ran and was backed by Massey due to a specific case that was later heard by this very candidate...

Amazingly...this judge did not recuse...and these Michigan and Ohio justices, all Republican believe there was NOTHING wrong with this kind of sale of justice...and bazen judicial indifference to the appearance of impropriety if not outright corruption of our nation's highest state courts...

in a different era, it was called corruption and bribery of a judicial officer; to these modern era state supreme court justices

its called "shared philosophy" "business" and "freedom of speech" and in a word,

expressing a certain "political philosophy only" by any means necessary;

and what is THEIR new so called judicial PHILOSOPHY?

"we will trump the ordinary citizens rights at every turn and we will curtail any kind of tort system that works against the insurance corporations interests and we will NOT allow ANY liberal thought onto these fucking benches,

damn whatever the public thinks or beleives about it or this process

or what most noted legal observers say about corruption in the courts...BIG money is good MONEY! and it shall remain, AS LONG AS IT GAINS US A SEAT OF POWER...PREFERABLY, ANY and ALL SEATS OF POWER WE CAN MUSTER...INside EVERY STATE SUPREME COURT , like OHIO

...WHERE THE CORPORATE LAW FIRMS ARE WINNING THE DAY before such courts in each and every election since 2000

...DUE TO SUCH OUTRAGEOUS MONEY rich, and ELECTORIAL SYSTEMS...

JUSTICE FOR SALE...IS THE REAL WORD UP ON THIS KIND OF CONDUCT

AND THE PRETENSE OF FAIRNESS, OUGHT NOT BE DISMISSED BY ANY ONE INTERESTED IN OUR OPEN AND FAIR AND INDEPENDENT JUDICIARY IN THIS NATION...

Post Caperton: Will Ohio supreme court hold public hearings in light of the U.S. Supreme Court Ruling?

2009-09-14T00:50:00.008-04:00

A Significant Precedent Has Been Announced and Developed by the U.S. Supreme
Court Which Directly Relates to the Ohio Supreme Court and its Present ALL
Republican monopoly on our States Highest Court

The Ohio Supreme ought to announce and hold hearings now that the bellweather case Caperton v. Massey Energy Co has been decided in favor of recognizing a 14th Amendment Due Process violation did in fact, occur and can be found, when large campaign cash donations are made to a single judicial candidate and/or his /her campaign for high state judicial office

The State of Ohio's Supreme Court has a direct "tie" to the Caperton case's holding in that nearly all of the plaintiff's friendly amicus briefs, noted that the Ohio Supreme Court was one of the major cash donor systems that has flouted the idea that direct cash infusion to seated judicial officials from pending case party lawyers and/or party litigants themselves, 'doesn't matter'

[as impliedly noted....in the words of one of its own Ohio High Court Justices, who actually joined in filing a losing, oppositional brief against the plaintiff's argument in Caperton in favor of limiting such bad funding of high court races]

Now that the Ohio Supreme Court all republican court has lost its only amicus bid to prevent such a conservative, republican party favored ruling....

it ought to be forced, by the public of this state, to begin to schedule public hearings on when and how to decide, by codification of rules, exactly when is a judical officer capable of being found in trouble with the due process constitutional level violations that can be created by large donor interested, result oriented/driven outcomes involving campaign cash donors...and the purchase of decisions of state court elected judges by such high and powerful money interests.

This is a critical issue for the state's high courts and its critical in the context the case arose and in light of the national media coverage that was in large part generated by this case and how just about every major bar association group and memebership organization was clearly strongly supportive of finding that such a problem actually does exist in high state courts and called upon the nation's highest court, to make a decision disallowing and disavowing such large campaign cash contributions....

and in fact, encouraged the court to find the constitutional level violation that is attributed to these kinds of specific cash infusions, where and when justice is at 'stake'...

[NOTEWORTHY REFERENCE ITEM TO ALL MIDWEST MEMBERS: This very issue, was in part, briefed even before the Ohio Supreme Court by the Midwest Center for Constitutional Law Director, several years ago in his own related disciplinary case before the Ohio Supreme Court. His prescient brief contained, an ironic and uniquely similar legal argument and constitutional basis, as did the Caperton case's plaintiff brief and argument contain; i.e. that such large donor interest create a fundamental "appearance of impropriety" issue for any judicial process and officer and this conflict of interest, in itself, creates a 14th Amendment level question and issue, when such major funding issues are found to exist in any judicial campaign or hearing process, state high courts or otherwise.

In the Center's Director 2006 brief, before the Ohio Supreme Court, he also noted the 14th amendment due process argument over such conflicts of interests, that can arise when a part tiem judicial officer are on the recepient end, of a highly paid law firm retainer, which happens to oppose the kind of civil rights work specficially that the party [and respondent lawyer, inside a statewide disciplinary case] to such a hearing process, had been noted for and was practicing within at the same time, the hearing officer appointed by the Supreme Court itself, was a major interested law firm partner, which was on direct retainer to the entire Ohio and National FOP on various civil rights polic misconduct DOJ cases and which was actively representing the same FOP interests both here in Ohio and elsewhere around the nation, when this partner was deciding the MCCR Director's then related law license disciplinary case and outcome while the Director had numerous major civil rights cases pending across Ohio and elsewhere against various FOP member organizations and police departments, all of whom contributed heavily to the Ohio Supreme Court Republican party judicial candidates in that relevant period.

This argument was filed by Attorney Olivito, was createed and filed in the State Supreme Court, as stated, well before the Caperton amicus briefs.] He also relied upon the very same due process oriented, based case law and supreme court precedent that the plaintiffs and amicus briefs relied upon before the U.S. Supreme Court in Caperton]

NOw, given the major Caperton case decision, favor to plaintiffs and objective party litigants everywhere, especially with this unique constitutional ruling, in full view, the Supreme Court of Ohio ought to take immediate and obedient steps to deal with the moral, legal and ethical gap that is now left, in the Caperton case's aftermath; this is particularly true within the State of Ohio, where pay to play was practically first conceived and originated by this state's republican officer holders and court justices and their most infamous of all campaign donors, Tom Noe...in the past several years and political cycles of Ohio

There is no doubt, there exists in Ohio a serious constitutional level question and issue that needs to be addressed by the state, the public [and even the legislature perhaps] Indeed, all interested citizens of this state ought to be aware and concerned of the same, when it comes to deciding what to do next, in light of the U.S Supreme Court's decision in Caperton and its impact on our own state judiciary.

Various states have taken some measures already, like Wisconsin, to begin to deal effectively with this high profile, big corporate money issue, as it affects and implicates a 'selling' of justice...and their state's public perception of how justice is dispensed in the modern era of big corporate and major interest group donors...

We need to begin to change this inside the heart of it all, Ohio and it ought to begin with the very few individuals who have benefited the most, from the status quo but now severely critiqued cash for judges program, that has caught the attention of all national media, and an equal number of important lawyer and judicial and bar association organizations from all sides of the political aisle and which has the support of even conservative former U.S. Supreme Court justice, Sandra Day OConner
who is calling for major state by state reforms in the area of money laundering activites thru the thin veil of state wide judidicial campaign donor systems, backed by serious money interests

Where is justice in America among the states according to many well documented publications and professional journals? Its increasingly and firmly in the hands of big business, on an ever widening scale, across America in both the federal and state courts, but especially the state's highest courts when they, like in OHio, are elected.

Now however, for the first time in U.S. legal history, we have a Supreme Court of the United States precedent stating, "enough is enough" and while its a split opinion, nonetheless, the majority found in fact, a constitutional level violation can be both found and stated, where and when such huge imbalanced and inappropriate cash flows are derived to make it appear, that justice is not so much disinterested and impartial, but rather is safely and securely in the hands of those who can and do, very often, buy it and own it outright, in its outward appearence, especially in such states as they done so obviously, as we have in Ohio.

In this decade in particular, in Ohio, under the firm financial leadership and political prowress of high Republican Party leaders, and its Court's Chief Justice Moyers, a major money machine was created between him, the Party and the state's chamber of commerce and several large commercial and insurance defense counsel law firms, that swelled the ranks of Ohio's republican numbers on the state's highest court, to absolute numbers; all this has happened, right here in Ohio,in the past seven years.

The name Tom Noe, not widely known outside of Ohio, is synomous with the phrase pay to play inside of Ohio and is doing big time in prison for just such activities; and its certainly, no coincidence, the Noe was Tom Moyers choice to be his party's Master of Ceremonies at the 2005 opening of the Supreme Court of Ohio's calender year docket, in the same year he would be indicted.

Due to this "pay to play", money no object system, for elections of statewide judicial candidates, in Ohio, led by CJ Moyers, we have one of most remarkable records of hugely lopsided, oneside, over balanced utilization, if not shake downs, of corporate and major special interests, as noted in Caperton by several corporate amicus briefs, including INTEL and WAllMart corporations referencing Texas and other states...Ohio's major money machine became second to none, to any, in the nation in finding "creative" ways to fund high court statewide elections.

[it was in part, also, the money machine/system that helped W to a second term, right here in the heart of it all...]

and again, it was one of the leading states, most frequently pointed out in amicus brief after amicus brief, inside this case's pre decision briefing by major legal organizations and scholarly study groups who were able to file timely and insightful briefs before the nation's highest court in Caperton case, earlier this year

Caperton was won by pro citizen, pro ordinary non monetary interested legal consumer groups and even some major interests, who sought to make it a test case for judicial balance, fairness and objectivity.

Now, its time, truly, if the law is to be both fair in its actions and deeds as it supposed to be, in its perception and public trust, for the lower courts to truly follow the U.S. Supreme Court's lead and do their duty, that they expect of every other government branch or agency and citizen and lawyer groups are to do; that is, genuinely follow their court "leader" in the legal field and make fundamental change, happen, NOW...and they can start by holding public hearings on the issue
right here in Ohio.

The all republican Ohio Supreme Court, must, in order for justice to be openly believed in, accepted and relied upon by all citizens rich or poor, in Ohio, for public trust to return to the public common and ordinary citizen good will ...

and its time, in states like West Virginia, Ohio and Texax to name a few, for the law itself, to begin to operate truly and openly under the law, not above it, once again...for the common person and among its ordinary citizens, and not have them come before such high courts, as only second class, economically inferior, subjects beholden to a statewide judiciary caught in a corporate confidence game.

The State Supreme Court needs to demonstrate, for once, on the popular level, that justice in Ohio, is no longer limited to, nor to be sold to the highest bidders of and by one party and/or most favored for and by those who exist among the corporate, insurance and special interest organizations and major donor law firms of this state.

[and we can name names here, if we wish to- its all a matter of public record, as those at public citizen and the Justice At Stake campaign did inside the Caperton case]

we need to prevent the kind of justice that allows the best seats and most preferred arguements, that can be best and most ably afforded by those capable of purchasing a seat on our state's high court, as if it were a seat on the new york stock exchange

so, its past time indeed, for change to come to Ohio's third branch and the for time such change, is now ...in fact, its past due.

We just need however, for those who have benefitted the most from the past excesses, like those presently occupying high public positions of trust in this state, as addressed in this very powerful U.S. Supreme Court Caperton case, to believe in something called...

stare Decises to begin with, as it comes down from the nation's highest court

and...then, they need to truly begin to understand and believe in something else, even more distant from and seemingly difficult to comprehend, for this present all republican Ohio Supreme Court...

....the United State's 14th Amendment's Due Process Clause

and then, begin by a simple honest and transparent approach, taken in the way, they allow major corporate and law firm interests to openly sway their decisions and their choices for whom they choose to hear state disciplinary cases, and make other major public affecting decisions...and how they reach their very seats of such high authority, in this state, in the first instance.

they need to allow the people, all the people, to govern their dealings truthfully, and then allow themselves the necessary confidence of a level playing field, to change the way they are dispensing their high duty as our state's public government's third branch in both their elections and their high court decision making...

and with this in mind, we ought to remember, we ought to have a government as the one of the greatest original Republicans and lawyers of all time, Abe Lincoln stated it:

"a government by the people, for the people and of the people"...

right now, in good ol Ohio, its none of the three, when it comes to statewide judiciary judicial campaigns and choices of judicial candidates and hearing officers.

we as 'the consent of the governed' public, need to be watching that this fundamental new principle of change, indeed, comes to the State of Ohio, soon, as the Caperton majority said, ought to happen across America, in light of their recent powerful landmark decision dervied from the neighboring state of West Virginia itself.

We the people, only, however, can make this happen, if we are first aware of this major precedent setting decision and its relevance to our state's judiciary itself.

The Caperton Case: The Supreme Court Finds A 14th Amendment Violation Exists; Is Moyers & Ohio's Chamber of Commerce Money Machined Court Days Over?

2009-06-24T17:25:00.002-04:00

Wednesday, June 24, 2009
Massey Case Sends Powerful Message to Courts like Ohio's Republican and Special Donor Dominated High Court

The Massey Energy v Caperton case, is a significant Due Process and game changing case recently decided by the U.S. Supreme Court, in part, due to the award winning article written by Adam Liptak of the New York times regarding the Ohio Supremes.

Like most major impacting cases, affecting the state of the judiciary in states like Ohio and America in general, this case due to certain business ties, is being made all too soon, invisible, if not, safely, forgotten by most major media in the State of Ohio and beyond. Perhaps, it may be they just don't wish to face the stark reality that justice in America, for some time, now, has not been the thing of what most American's are led to believe by various sectors including the media and by some measure of expense, the high court's themselves often portray and try to make people still believe what it isn't.

In part, it may be also, major media corporate interests don't want to turn a true investigative eye on the serious corrupting and affecting interests who hold such all too obvious sway over the present Supreme Court of Ohio and numerous other states high courts, even when a paper like the New Times and well documented evidence, from judicial Center's are willing to put some substance to the issue and to provide at least, some political cover over any would be true investigative effort about the serious bad influence and bribery of high court officials in Ohio and elsewhere by large donor law firms, chamber of commerce interests and other significant special interests with business to get done at this level of operations and government.

The Caperton/Massey Case indicates, there may be an end point at which major donor funding for major supreme court races, like those in Ohio for the past eight years, is to be perceived within the context of a Constitutional level violation terms. In fact, such a violation of major donor special interest funding over such high courts and their actions and decisions, is truly a civil rights type of 14th Amendment Due Process violation as per the arguments for the Caperton side has argued, for those affected citizens and individuals and party litigants who have been so adversely impacted by powerful donor groups and interests who have conspired with the republican party across the State of Ohio, West Virginia, Indiana and others to ensure justice is always firmly dispensed, in a "philosophical" favor or "bent" towards those interests who have the deepest pockets, both on the bench and those who are willing to fill those pockets of those whom serve on the bench...again, both here in Ohio as it has been for the past eight years and among numerous other states.

NOW, in light of Caperton, we need as individuals and groups to not allow the elites of a particular legal profession, or subgroup such as judiciary formed committees who already are all too well entrenched to begin to make the new rules regarding when a justice must recuse themselves given the corporate or major donor special interests are helping to pave the way for a results oriented "philosophical" outcome based series of decisions.

What instead, is needed and required, is an independent, objective "policy" for the various states when such decision, that will be responsive to the will of the people, given such a set of rules, will clearly directly affect every citizen and ordinary individual who may appear before such courts and whom, least we forget, are by definition, the true power of this supposed democratic experiment we refer to as the United States of America.

In one way, we need to immediately ask of ourselves, why do the people of our nation, continually default their rights and their voice and power to the special interests and those who are most closely aligned with the same over the most basic functions of a governmental branch as critical as the judicary?

Could it be, at least, in part, because the media in affected states, like Ohio and elsewhere, don't truly wish to report the impact and the possibilites of what can change if we would educate our common populations and the people across such states and America itself, on the impact and the consequence of major donor money
on today's various high courts? Could it also be reported that the people's courts, are not exactly run for and by the people, today, if in fact, they ever truly were in the past 120 years.

To this end, the Midwest Center is focusing its immediate attention on making known the strong message of the recent Massey v. Caperton decision and the unique status now left to the states, the various courts in the wake of Massey and to assist to raise awareness, that the people of the states are to have a key and strong voice, in recreating the standards and 'floor' for when and whether a justice can be perceived as being someone overinvolved in less than an objective impartial form of justice, and/or is in fact, engaging, individually or as a whole in nothing but crass political and personal 'self dealing' ...when it comes to serving on the high courts, and deriding, the interests of the people and those ordinary citizens, and advocates, who often, have to appear in front of them.

We need to stay engaged even with the solid positive result of the Caperton case. Its not as complete as nor an absolute clear victory for those of us who have been watching and dealing with the issue for the past three or more years.

Yet, it will be a solid guide, even as we think it not as strong as we believe it ought to have been, given the four republican conserivate major [major donor] votes on the Supreme Court. Given Justice Kennedy's and the more moderate to liberal four others willingness to shift the paradigm of major donor interests among state high courts, in terms of viewing such a challenge as one clearly implying a Constitutional Due Process clause level violation, if even ever so slightly, the basic hands off or 'laize faire' approach of a former finanicial capitalistic approach to electing overly biased state supreme court justices, as happened in the West Virginia based Caperton case's purchasing of a seat, to get "results driven" outcomes, is probably a thing of the past.

Furthermore, advocates, court watchers and the citizens of our states, have to make it clear that the Court's recent decision has in fact, changed the rules of game, when it comes to the major donor funding of courts like Ohio's all republican major money bought and conglomerate mobbed up Court has itself, been found so emeshed within.

Our present state court is an all republican court, in a state which that has no other major state elected officials either retaining or obtaining state office or power, in the past four years; this political fact, in itself, bespeaks of corrupting influence of the same kinds of special interest who created the problem in West Virginia that formed the basis of the Caperton decision as having a very firm root on the Court system in Ohio.

Post Caperton, it is now no longer assumed that such endless amounts of cash, given to a particular 'cause' candidate or silent candidacy like those in Ohio, all too often, will NOT then, be subjected to a serious constitutional challenge, if its done in the manner its been orchestrated by certain special interests in Ohio and elsewhere this past decade.

This decision, in effect, should affect the hedgemony of the powerful money driven well honed, business/insurance/republican Supreme Court campaigns in Ohio. Such efforts in Ohio, have been aided by and/or directly funded by various major Columbus, Cleveland and major city insurance defense industry law firms and the sizable chamber of commerce pacfunds and related municipality /business insurers interests as well as particularly strong politically sensitive interest groups like the influencial State FOP.

The issue, in light of Massey v Caperton opens quite a gap in fact, for the states to act, in good faith manner, consistent with the spirit of the case's holding; it has left to the people and interested parties of the various states and concerned citizens and affected advocates to make clear this change is to be both sincere and thorough one and one, hopefully, not controlled or cleverly concealed by either the same special interests or store bought justices and the biased media that helped to create such major funding issue in the first instance, within our recent American experience, with our Third Branch of our state and federal government.

Again, the Caperton holding may not have been as clear as some would have liked, including this author, but it is a true, significant start and a strong first step in the right direction to curb the serious abuse of power and influence of such groups, as we find them in Ohio under Justice Moyers and his less than honest Tom Noe like major conservative major politicl donor 'system' i.e. was it not a form of bribery for such statewide judiciary candidates to take in over 11 million dollars ? {yet, this same chief justice then makes it an ethical issue based on the same idea of conflict of interest, to have any attorney or party, to give the smallest christmas gift to a single judge, no matter how small the gift or donation, in the name of a pharisical sense of 'judicial ethics'....]

We, who have been engaged in this fight and realistic assessment of the state of our judiciary, for some time, and who have as lawyers, gone up against such major special interest influcences, inside this state's high and federal courts, needed just such a win; In Caperton, as slender as Kennedy's opinion maybe, we, nonetheless, clearly obtained one.

Perhaps, there just may be hope for justice in Ohio and elsewhere across this nation, just yet.
Posted by Minneapolis Falling at 9:36 AM

John Doar: The True Nobel Prize Worthy Lawyer of Change in America

2008-07-01T11:22:00.001-04:00

http://youtube.com/watch?v=iHQPWCC4eG4

John Doar, Charles McDoo and John Sigenthelier on the Civil Rights Act of 1965 and The 50th Anniversary of DOJ's Civil Rights Division Washington DC

2008-07-01T11:22:00.000-04:00

http://technorati.com/videos/youtube.com/watch?v=iHQPWCC4eG4

Attorney Olivito's Section 1983 Lyndal Kimble Civil Rights Case Against Warren Settles: Case Received Strong National Media Attention in 03

2008-06-22T10:41:00.000-04:00

The Kimble case from Warren Ohio, the case that made Good Morning America and other
national media stories, which contained a video tape of the plaintiff being severely
beat by three white Warren City Police officers was settled earlier this year.

The case's settlement was the culmination of a four year litigation effort with
Attorney Olivito winning the issues at the Sixth Circuit in 2006 after an early intelocutory
appellate challenge to the case was taken by Cleveland based insurance firm, Weston Hurd.

Judge Economus of the Northern District Court was the local court on the case and he
had become difficult w/ the lead counsel, Richard A. Olivito and often
became engaged in personal attacks on counsel and also demonstrated
a defensive attitude about fellow local Greek friend and close aquaintance, Chief Mandopolous
of Warren, who was named in the various cases Mr. Olivito brought against the City during
the relevant period. Economus lead the local effort to have Mr. Olivito's law license reviewed
after the various civil rights cases which eventually have settled successfully for the clients,
were developed by Mr. Olivito.

Nonetheless, the case was won on the merits mainly because of the determination of Mr. Olivito to litigate past the personal aspects of what was the opinion of those opposing
his efforts to bring constitutional level standards to a once economic powerhouse
of a region known for its former steel and present auto industry related output.

The case's basic legal strength derived from the original facts and the video taped
[and all too nationally demonstrated obvious] excessive force by the three white
Warren police officers, which was used against the plaintiff, Lyndal Kimble.

The case generated volumes of public debate and over 80 local and regional media
stories both in new and print media from Cleveland to Akron to Youngstown/Warren,
includinfg the AP.

It was ranked among the two top news story of the Cleveland regional media in 2003
and helped to trigger a U.S Department of Justice special litigaiton unit's official
investigation into Warren Ohio's police department in 2004-6 as instituted by
then outgoing U.S. Attorney General, John Ashcroft.

As part of the civil case's settlement, the family of Lyndal Kimble including his wife
Melodie and their five minor children will receive proceeds of the settlement from
Weston Hurd and the insurer St. Paul Insurance, from Minneapolis. The case's
settlement is an undisclosed sum as per the agreement between the parties to the
litigation.

The case represents the third federal Warren city civil rights case which Mr. Olivito
had developed and worked as lead solo counsel for a number of years which in turn has
resulted in an out of court settlement for the clients.

The other two include the Clarence Clay case [see related Links] which settled in the summer of 2004, after Mr. Olivito did both a successful criminal defense of Mr. Clay in a very rarified atmosphere inside a local court in Warren, Ohio [in September of 03] and after he obtained critical medical supportive documentation about injuries to Mr. Clay during his separate beating and subsequent illegal and improper strip search of Mr. Clay in the spring of 2003.

The Kimble family are happy this part of the issue is resolved and hope to now use part
of the proceeds from the case, to further defend Lyndal from related criminal prosecutions which the City of Warrren had developed against Lyndal post his 2003 nationally televised arrrest.

"The impact of the Kimble case on the entire region's law enforcement is deep and invaluable and it will continue to be a source of immense import to the regional and public discourse on just what are the constitutional standards that are to be followed and applied in citizen police encounters going forward and we at the Midwest Center for Constitutional Rights hope to maintain both the diligent vigilence by the Justice Department officials in the region and to keep the public interest high in relation to these critical issues that this case helped to generate for the protection of individual and families basic civil liberties throughout the Mahoning Valley, all of Northeastern Ohio and beyond." Attorney Olivito said in light of
the case's final civil settlment.

Dan Thorne Jr v City of Steubenville: A Win For The Fourth Amendment & A Family re An Improper Warrantless Search of Their Residence

2007-09-29T04:54:00.000-04:00

The United States Sixth Circuit Court of Appeals in Cincinnati just recently held

in an unpublished but unamious decision that the City of Steubenville Police were NOT entitled

to qualified immunity when they jumped over a six foot privacy fence of the City residence of

the Dan and Sharon Thorne family located in Buena Vista Blvd, Steubenville, Ohio and then

improperly pursued their only son inside his own backyard and then minutes later falsely

arrested him on unrelated underage drinking charges, inside his own residence, all unrelated to

the just prior illegal search of the backyard residence. This was all done in violation of the

plaintiffs' Fourth Amendment rights to the U.S. Constitution, according to the Sixth Circuit,

in the Court's decision upholding the original well written United State's District Court opinion

issued last December.

The case had alleged not only an improper search and false arrest but also a very serious

excessive force claim as well, within a federal civil rights lawsuit brought by the Thornes and

their original civil rights lawyer, Richard A. Olivito in January of 2005.

"This decision is literally just a breathtaking win in so many ways for not only the plaintiffs

family and the hard fought efforts of the same, but for everyone who worked on the

underlying case, with all the personal hardships and risks such plaintiffs undertake and have

to endure as civil rights litigants inside an oftentimes unforgiving and uncertain riskly legal

process.

The family who brought this case paid not only a price in terms of what happened

originally to them and their only young adult son, but in terms of just having to endure the

worst of an out of control particular insurance defense lawyer in the lower court, for the law

firm defending the city and it officers, who defended the case, at times, in an extremely

personal negative manner for the city," Olivito states.

What is so special is that the Bill of Rights and in particular the Fourth Amendment

safeguards were not only endorsed within this sometimes bitterly fought case, but

such protections were afforded their complete lawful due and their intended broad

interpretation as it ought to be when it comes to local police officers attempting to justify

an otherwise infirm warrantless search of a family's backyard for no real reason, where no

crime was committed and there no evidence of any kind existed to justify such an extreme set

of multiple violations of the Fourth Amendment's safeguards against unreasonable searches

and seizures as described inside this case's pleadings.

Olivito says, "This outcome is what makes everyone associated on the plaintiff's side of

such a complex constitutional case, who have had to endure so much, so worthwhile."

He adds, "the Thorne family derserves the immense credit for just simply believing deeply in

the Constitution, in themselves and being unfraid in the face of so much opposition and constant

highly orchestrated efforts to discourage them from truly bringing this case to this point. When

it works, however, at this stage, the entire legal system can be a thing of beauty."

"My own sometimes present deeply cynical world view of the present status of the

American's ability to vindicate their fundamental and special rights simply as guaranteed to

them as American citizens by our nation's first principles was completely blown away by this

very unique, practical and brilliant yet very conservative set of mainly republican federal high

court of appeals appointees.

Its simply something to behold and I wish everyone who is interested in what

is happening to the erosion of American's civil liberties could have been present

for this case's oral arguments and experience just how powerful true American

'conservative' values are and how majestic it is when a real court of law operates
in such an amazingly consistent fashion with the higher ideals and purposes of

this nation's founding fathers."

The Thorne case is now remanded back by the conservative justices of the Sixth Circuit

to the Clinton appointee U.S. District Court Judge, Judge Algenon Marbley, of Columbus, whose

thirty five page original opinion on the intricacies of the underlying issues of American's Fourth

Amendment protections was both clearly and fully upheld, but also completely vindicated.

Olivito also notes, "Attorney James McNamara picked up exactly where

we left off last fall and he deserves his usual solid praise for his appellate briefing

of the case before the Sixth Circuit and his professional presentation of the same

at the oral arguments in opposition to the chief counsel for the city insurer

defense law firm of Mazenec, Raskin and Ryder.

"Jim and I go way back, he's one who taught me much originally about such

cases years ago and it was an honor to have him come in at such a critical

juncture in this case and like a somewhat older brother and a great veteran

baseball pitcher, just do what he does and take the game and make it into yet

another save for everyone on our side."

This victory was particularly sweet since the Sixth Circuit argument and

decision came so quickly and right within the same month and week of the 10 year
anniversary of the signing of the nation's first fully federally investigated

Department of Justice consent decree regarding pattern and practice police

misconduct pertaining to the City of Steubenville, a very unique and special effort
resulting from both Attorney McNamara, Olivito's and others, like Skip

Mixon's, long and uniquely dedicated efforts regarding the same.

"It's so good to know, that even at this time in our lives, by some severe mercy,

we together can still make a difference for not only clients like the Thorne family

regarding such eggregarious police misconduct claims for the entire Steubenville

region, if not the midwest, as well, constitutionally speaking."

"It may be the last time I get to work with central Ohio's master of civil rights

police litigation" speaking of Columbus Attorney James McNamara."

Olivito, added thereafter, in his somewhat tongue in cheek fashion,

"After this unanamous conservative high court opinion, I might even have to

consider becoming a republican and join Jim this time, for one of many of those

superb Ronald Reagan-Tip Oneil' Irish toasts that he sometimes

enjoys! ...smilingly of course...

But the present smiles belie the many deeply concealed battle wounds, of

Olivito's own sacrifices along the way and such present easy moments were not

always there...for most of this case's two year journey; a odyssy only the Thorne

family themselves, Attorney Olivito and family friend Skip Mixon can fully

appreciate.

"No one will ever know exactly what they have all endured and how many long

nights and days it took them to get to this point." Olivito adds, when speaking

of his friend Dan Thorne Sr and his family and their friend Skip Mixon.

What is especially meaningful for me is this decision comes on the 10th
anniversary of the signing of the original consent decree concerning this
same city police department. "What a anniversay gift the Sixth Circuit
provided to us when they stood up for the average american fundamental
rights under the Bill of Rights and the Fourteenth Amendment ten years
to the same week that the historical decree was formally entered into
in 1997. I'll never forget that period in my life and this is just yet another

similar kind of breakthru..."

JFK telling us the 911 truth

2007-08-16T19:05:00.002-04:00

JFK and His Speech of Secret Societies and Modern Government and Free Press

Italy breaks a new Iran Contra style scandal?

2007-08-13T20:46:00.000-04:00

OUR TOWN HALL

The Italian mafia prosecutors do a year long surveillence
of some high profile drug dealers

and they discover an international arab arms deal which has shadow ties to
the U.S. led coalition government of Iraq.

Interesting...it may just be one of the reasons why there is a such a strong insurgency in the very center of the country...

It also puts a whole new spin on the term "surge"...

The Arab company implicated with the Italians ring leaders arrested earlier state
that they had operated with the full approval of the "american command forces"...

A comment which the head U.S brass in Iraq are denying...

Yet, the interior ministry of the new Iraq government did NOT deny this transaction
did occur according to the AP report of the same...

Is this our 21st Century Iran- Contra -Bush -Rove -Cheney Pentagon scandal?

The lead prosecutor for the Italians thought it was "odd" that the U.S. led coalition forces
would be seeking a 'back channel' to find a market and supplier for over 100,000 russian made ak 47's...inside of the country which is torn by civil war.

However, its not odd...when you have Bush and Karl Rove kissing "goodbye" in the white house's south lawn....in tears......just in time to take this top story and knock it out of the day's major media rotation...

as "the Architect" knows, in terms of containing political fall out of a scandal...
timing is everything...

Dear Mr. President

2007-08-12T21:08:00.000-04:00

OUR TOWN HALL

Have you heard this generation's protest song of the moment by Pink?

if not,

go to "Resist Tyranny" on Impeachspace.com

and click on the box w/

Dear Mr. President

and just listen carefully to the words

JOIN THE MIDWEST CENTER AND OTHERS TO BEGIN IMPEACHMENT HEARINGS

2007-08-12T14:12:00.000-04:00

OUR TOWN HALL

JOIN THE EFFORT TO BEGIN THE PROCESS TO IMPEACH BUSH @IMPEACHSPACE.COM

MIDWEST CENTER IS DEVOTED TO MAKING KNOWN THE PEOPLE'S RIGHTS UNDER THE CONSTITUTION AND THE BILL OF RIGHTS AS WELL AS ALL RELATED AMENDMENTS TO THE NATION'S FOUNDING DOCUMENT.

....IN KEEPING WITH THIS, AS NOTED CONSTITUTIONAL SCHOLAR AND LAWYER BRUCE FEIN HAS RECENTLY STATED IN AN INTERVIEW WITH BILL MOYERS

"WE MUST ENGAGE THE IMPEACHMENT PROCESS OF THIS PRESIDENT IN
ORDER TO PRESERVE THE CONSTITUTION AND ITS LEGACY...

WE NEED TO DEMONSTRATE TO THE PRESIDENT THAT THE TRUE BOSS OF
ALL PUBLIC SERVANTS IS THE AMERICAN PEOPLE...

WHAT THIS PRESIDENT AND VICE PRESIDENT HAVE DONE IS A SERIES
OF BLATANT VIOLATIONS OF VERY SERIOUS CONSTITUTIONAL SAFEGUARDS
OF THE PEOPLE AND IMPEACHMENT IS THE ANSWER, WHATEVER HAPPENS
AFTER THE PROCESS IS BEGUN, ITS THE LAW AND ITS THE RIGHT THING TO
DO CONSTITUTIONALLY IF WE HAVE THE CONVICTION OF OUR NATION'S
FOUNDING FATHER'S TO DO WHAT IS ONLY LEGAL AND PROPER...UNDER
OUR CONSTITUTION."

BRUCE FEIN WAS A REPUBLICAN APPOINTEE INSIDE THE REAGAN
ADMINISTRATION AND IS A NOTED CONSTITUTIONAL SCHOLAR IN D.C.

The Fugitive Slave Act, Governing from the 'Political Middle' and Modern Constitutional Rights

2007-08-10T19:57:00.000-04:00

In American today, we are seeing a rise in the black middle class as never before.

Its a good thing and its reflected in both the culture, the neighbors, the schools and even in the amount of ads beamed at us from Madison Avenue with good looking upper middle class
black folk buying all kinds of things from Cialis to retirement investments to cars to
hamburgers.

Given the all too obvious income of those African American sports and and entertainment and main line professionals who are making bank, [and we're not going to mention Opra and the Hip Hop masters....]

American blacks are seeing income levels that they have never seen before in this nation's history as a whole.

Again, this is a good thing and many are very much deserving of the same and all americans need more understanding on just how long the african american middle class were made to wait for anything approaching true equality to come and arrive on their doorsteps...

There are many contributing factors... and others can speak of the same and hopefully others are far better and capable to speak of such things among the african american culture.

This is not to say there are NOT still major imbalances in the numbers of poor and sick and imprisoned blacks in America and this is still something that our country even today has to reckon with and begin to see better as a system legacy of all that has gone before.

The answer is not necessarily more government programs and more aid and more everything easy...or slogan....

That era has come and gone....in all likelihood...

But, the fact remains there systemic deep institutionalized issues that still exist within this present culture and in our collective soul, no matter how much we white men glaze over when viewing a picture of Halle Berry or Beyonce ...and/or no matter how many white young women date available black young guys...

[and how every straight guy in america including myself still dreams of a date w/ Tiara Banks...]
and we all listen to the original blues and soul and rock n roll music, as we have been doing for at least three entire generations now...

The real thing has something to do with the way we view our legal culture and our legal system and the very founding document of this nation and what serious federal policy that historically was made based upon the same.

The Founder's faith was in democratic freedoms and democratic processes and in an open and free society, supposedly.

However, we all know that is not exactly how the blacks and african american usually derived and /or were treated and how they were subjected to legal aparthied in the United States.

What is clear, the role of the American Courts and those in every sector of this nation, both southern and northern were active and insistent on maintaining the federal view of the constitution as it existed for over 80 years prior to the Civil War and for many years, even after that era's reconstruction took place and the Reconstruction Era Amendments were put into place.

Our great Fourteenth Amendment which was derived in the reconstruction era was created out of a philosophical deep debate that originated in the 1850's if not slightly before, on how to reconcile the American founding document with that of the reality of the U.S. Supreme Court's
views and that of many legal views espoused even in northern states, like Ohio's Supreme Court decision which treated african americans both as inferior and/or subject to the "laws of comity"
which meant, the law of the southern slave power as opposed and when confronted within a legal challenge or clash with the northern 'free soil' ideals.

The north did not condone outright slavery and it did not expressly permit slavery for the most part of its existence and the Northwest Territory was unique in its origins in that it specifically and expressly so legally barred slavery in the Northwest Territory in its founding
document, called the Northwest Ordinance, which expressly prohibited segregation in schools and other public endeavors.

This philosophy clashed with the southern and most legal philosophy of the day that held, that the U.S. constitution as a founding document not only permitted slavery in the southern states and colonies, it actually condoned and made specific political provision for the same.

Hence the 3/5 clause and the various compacts made between the north and the south in allowing "in" new states as the country grew, both west and north, and south, if not in Texas
itself.

Moving thru modern [last 200 hundred years] of American history in a too rapid manner and forgetting the lessons of this great nation hard fought and hard earned lessons, with dealing w/race and serious historical views of how Americans viewed the question of skin color, freedom and human rights and labor issues as a whole, is an incredible journey for any student or citizen of this nation to undertake and it ought to be done, often and more in depth.

However, moving forward thru much of the early debates over slavery , the basic issues then came to a head thru several critical major public or social and legal 'events'; the compromise of 1850 in admitting certain states as slave to the northern states as 'free', the publication of
Uncle Tom's Cabin, the first massively popular great american novel, the immediate history of the "annexation issue of Texas" and the proxy war of America, in Kansas, between the southern slave owners and that of the radical abolitionists and free soilers which became a build up to and part fuel line for the national war between the states that would follow;

But among these are the major Supreme Court decisions like Plessy v. Ferguson which upheld the notion that blacks are not fully human in the sense of being free and being equal and being thus full citizens under the Constitution.

But most important, were the concomitant issues of the northern Black Codes, which Ohio followed closely up thru the start of the civil war and the legal "comity" that Northern federal courts provided to the southern "slave power" or the 'economic interests' of the southern legal culture; mainly the enforcement clauses of the Fugitive Slave Laws of America.

These fugitive laws more than any other thing, bound the nation in extremely personal and express legal terms to the notion that slavery was an American policy derived from its founding source of federal law.

The south was in power from 1800 to 1850 inside the White House, with few exceptions in the very early years, with the Adams presidencies.

But the American democracy 's experiment was headed mainly during its first 80 years, inside a white house and a congress which reflected the lawful view that the Constitution did NOT prohibit discrimination in terms of race and actually condoned the enslavement of millions of human beings in a sweltering southern heated barrel of constitutional compromise and
legal bondage.

What did the North do about such lawful exercise of legal entombment and permitted enslavement of an entire race of people?

As some spoke out vehemently about the same and while many sacrificed their careers and began to make others become aware of the insensitivity and moral and complex political issues wrapped up in side of the slave question of America and its constitutional moral gaping hole,
the courts and in particular the federal courts and its U.S marshals were very compliant with the national code and the national supreme court's view that the slavery laws and the laws of property in the slaves must out of "comity" swing and flow from the southern point of view, and NOT from the north to the south.

In other words, the legal establishment of American and particularly the federal courts of American for its first 80 years strongly sided, when the issue was openly presented to them on whether the northern 'free soil' ideal or the southern slave law and order ideal would prevail[and this was not always so frequent as one would have imagined] ...but when it was, the federal courts of the North acted in the SAME exact manner, as any deep southern slave owner [and powerful corporate ceo today] would expect them to act;

[...just as the Robber Barrons of the latter 19th century came to expect similar favorable treatment from the federal courts, to act, including the Supreme Court itself, in their best interests as opposed to the masses or to the individual notion of civil rights under the 14th Amendment, in the post Civil War/Post Reconstruction Era.]

In fact, the U.S. Supreme Court led the charge oftentimes in such instances, since most of the chief justices on the Supreme Court were direct presidential appointees and thus, southern leaning if not southerners themselves or from border states with such sympathies...

Yet, nothing brought this notion home to northerners and even many antislavery or at least free soiler northerners [who hated slavery for economic reasons] perhaps more than anything was the passage of the Second Fugitive Slave acts passed after 1850, within the decade of Lincoln's election and the start of the civil war.

What happened in this historical congressional issued legislation was the political power of the South was welded to the national political will and soul by virtue of many moderate northern politicians, making political compromise with those in the south who feared their "peculiar" institution was in constant need of political support and ever expanding legal structure and affirmance, if not outright justification.

With the Fugitive Slave Acts, Americans everywhere, North and South were bound legally to the iron will of the southern powerful economic interests

So as a result of "ruling from" the 'great middle ground' of Washington's political postulate of compromise, [... an idea a hundred and fifty years old as it is "new" today, according to many... ]

The entire nation, north and south, by federal law were required to legally enforce as co contributors, if not co-conspirators, be they agreed or not, with the particularly disdainful view that blacks were not fully human, if human at all.

Such compromise was perceived at the time to be also, 'only most reasonable' and most 'humane'...as its proponents presented it, and these Acts were passed in the "great interest of preserving the great bond" of the "free portion of the united states..."

[this in turn drove many an abolitionist in the north to hope for succession, the north from the south...that is...]

Onto the Northern US Federal Courts; No Light Here: The Unique Masked History of the Northern United States District Courts on Human Freedom: Enforcing the Unacceptable, & Making Binding the Southern & the Unimaginable

What is amazing today, when we take another historical view of this dark legal history
of America's federal courts, is this federal law, was NOT contained nor limited in its reach or scope to the South by any federal court in the north.

This law was passed by congress in open society with and among intelligent men who saw race and slavery as something subject to the constitutional definition and limits as they then viewed the constitution and the founder's documented express 'approval' of the same.

But as the debate grew stronger and the moral question for the entire nation, including the South grew deeper, Congress and the Supreme Court itself along with its dutiful 'rule of law' satelities, at the federal district court level, become more and more reactionary and more and more repressive; instead of leading the national moral curve of the United States and its 'free thinkers' like Emerson, Thoreau and Garrison, Weld and Douglass, it retarded them, most often and quite expressly.

Instead, the dictates of the courts took their lead from Calhoun of South Carolina and many other "serious" old slave masters who promoted not only the notion of American slavery but the serious racists philosophy and legal notion that race was a dividing line in terms of human nature itself and that laws must be obeyed which ensured, that America's 'best interests' were served best by accommodation and "compromising middle" of the nation.

The various significant federal court cases of Anthony Burns in Boston and some others in places like Cleveland, in the northern federal court of Ohio, were significant battle grounds where the federal government, late in the day of the deepening moral and constitutional crises of America was decidedly coming down in favor on the side of power, of concentrated wealth and the elite class of americans who favored "law and order" and southern 'slave power' over that of disunion and disruption and northern 'trouble makers'...

What this says about the federal courts constituting the moral fiber of the founding years of the historical Article III courts is something both historians and perhaps, even today's federal courts have yet to come to full terms with;

Their history is simply not that great in either Ohio or Boston, much less Louisianna, in the 1840's and 1850's.

And so much for having any federal Court in America actually lead the nation in terms of anything approaching historically moral and even most notably, anything close in terms of human liberty itself.

Sadly, this just isn't contained to the history of the laws of the federal courts of the first 90 years of this nation; even after the civil war, the highest legal precedent of the federal judiciary did NOT necessarily form into any kind of coherent true committment to a full understanding of contemplated human individual rights and freedom for the personhood of American citizens, as even the most timid disenfranchised follower of Garrison had done some fifty years prior.

[Courts are often in America, the last to really 'get it' and the first to flirt with disaster]

But then, we're getting beyond the fugitive slave acts and that era;

The fugitive slave laws held by federal law, black men and any black runaways [women, children and elderly too ] were to be treated not with the promise of freedom under the law by ANY court in American in 1850, including the North.

....with the enforcement of this slave law and its legal reality, created in the 'great middle grond of political compromise'

the same greatly increased the public debate of the crises in tone, if not practice.

Thus, the slave question became even more so, after the passage of the Fugitive Slave Acts which immediately preceded the Civil War, all done with the good intentions of 'ending the ground swell' of rising public anxiety over the very same issue.

These acts made it particular that it was a crime for northerners, any northerner to NOT assist the Southern powers that be, to find, locate and/or report such a free black person ...
anywhere in the north or one's travel's or simply on one's farm...

[today we would call it becoming a government informer status, ironically...

and one has to wonder who and where the third world and the modern era's great dictators GOT the notion to pass such universal 'laws' granting the national government the right to coerce citizens to inform on each other? America could have taught Hitler and Stalin a few things, if the technology of today, were available then....and oddly, its possible, if it were, we would perhaps, still may have slavery in form in this nation... ]

[... today, we only have to think of Bush's domestic spying program to think of some thing even remotely close the fugitive slave laws of 1850's...but these laws today, as massively intrusive and disturbing as they are, still fall seriously short of what these fugitive slaw laws really provided for and what our northern federal courts enforced at times, to 'the letter of the law'... ]

Under the second set of Fugitive Slave laws, Americans were to inform on the whereabouts of a runaway and/or the location of any one who is holding such a person and/or any information about whether one ought to provide such information to one's local Marshall and/or U.S service or local sheriff.

Imagine, America was first a nation of informants well before it was a nation of a totally free society, in the EYES OF FEDERAL COURTS NORTH AND SOUTH in accordance with FEDERAL LAWS OF AMERICA.

This law was in fact enforced at times also and it led to tremendous public outcry and even some near rioting as it was applied in the north in terms of bringing "fugitives" to justice and their 'rightful and lawful' return to their deep south fates.

What the historical impact of this is yet to be fully vetted, even among historians today because the topic is one so embarrassing and so not politically correct or even 'appropriate' to speak of around northern federal court houses and lawyers and legal bar associations.

Everyone in the north wants to believe they were, "on the right side" of this greatest moral debate of this nation's history; this is simply ahistorical as it is complete as any legal fiction ever any was, including the very moral underpinnings of the fugitive slave acts in the first instance.

What is unique, even in the great "free" and ever growing wearisome of the southern-slave issue north....its political 'leaders' and party members continously gave the southern "powers" what they wanted, for decades right up to the very start of the civil war itself.

Compromises and speech after speech were made against the growing moribund institution of slavery through out the later 1840's and 1850's as the country grew more and more tense and anxiety filled over the question of law and constitutionality of slavery; but the answer was continiously cast by the political leaders of one of compromise and great 'middle ground' and the 'power of keeping the union safe"...etc.etc..

In other words, even less than self convinced political leaders of the 1840s and 1850's of American, and among them some of the great names in U.S. history of political backgrounds, like Daniel Wesbter were seen in retrospect as floundering on the greatest moral principle of their days...precisely because they sought compromise w/ their southern counterparts and southern brethren to find a 'solution' to the 'damned' [as many literally came to viewed it then] national compromise the founders had placed the U.S. road to its date w/ destiny upon from the start.

What made the country come to blows was NOT so much the north wanted to 'teach the south as lesson' and /or that such a division could not have been avoided;

Instead, it was precisely due to the fact that so many compromises were made with an obvious moral evil and morally ambivalent constitutional and decidedly onesided legal view point that the nation was driven into a constitutional corner and 'bleeding ground'.

It was propelled there, as well, by the federal courts stubborn refusal to bend, not in the South, where such a culture and bias could be understood, but instead, in the northern federal courts, who often simply refused AT ALL to bend their ears and listen to the great moral and legal arguments beginning to be put forth against slavery as a CONSTITUTIONAL mandate;

[and all the public "suasion" that all major and minor abolitionist were raising and making a national debate and conversation happen over the single most important moral issue of its era.]

In this sense, the public and the advocates against slavery and some of the growing body of political leaders in the north who were being "awakened" to the sense that slavery was the direct result of such compromise in D.C. and in the Congressional halls of power to begin with,
were simply 'sent packing' by the federal courts and in often in local state courts following this notion, that the slave power's legal mandates and this public policy of this nation would and could not be changed or "ignored"...

I.e. since slavery was in a sense, given 'preference' in the very founding document, it was not to be 'touched' by the federal bench upon which its constant servicing depended more and more
as the nation grew more and more tired and disgusted with the Framer's compromise as a working political event and mechanism within the engine of American nationhood.

What does this have to say or tell us today? Some lessons can be gleamed and many more can be imagined and /or inferred if we just pause and try to understand for a moment what kind of consequences those in the congresses of the 1850's faced and how they responded either through "pragmatic" approaches and/or thru some idealistic fewer ones.

First, we must understand, its NOT always the best way to govern, is from 'the middle", as we hear so many today, say and repeat over and over as if they were at the "founding" themselves.

So many mainstream politicians today, constantly state, that "we have to govern from the great middle". Many political consultants and talking heads on TV have repeated this mantra in one form or another as if it were written in the Scriptures; but it is nowhere in the american founding and it is absolutely nowhere to be found in the great abolitionist debates of America.

But more importantly, what the Fugitive Slave laws and the historically compromised and embarrassing federal court precedent which flowed from the same, in places like Washington, Cleveland, Ohio and Boston clearly demonstrate is that if one wants to in times of national moral and serious crises to NOT be remembered in history and/or to be remembered for what it clearly in hindsight appears as idiocy and synchophancy if not worse, then one MUST not seek the "great compromise" on serious national issues of moral worth and a sense of intrinsic well being of the whole of the individual being treated as a true moral being and one which government must protect and regards as a sentient individual before their Creator.

In short, one must not always seek to appease the powers or the "present realities" in order to truly lead a nation or a movement and/or a legal system to recognize its serious moral and legal deficiencies.

Many will call one who is speaking strongly about such topics whatever they called the radical abolitionist of their day, what they did; lunatics, 'fringe elements', 'kooks', 'mudsill lovers' societies' wastes, etc.etc.

But in history, its those very abolitionists who not only come out looking like the modern progressives that every middle school child understands is the truthful and correct and normal way of looking at the world today, but it is also those who did the name calling that are relegated to the dust bin and sad dung hill of history, along with their stench that still reverberates thru
their talk of "great compromise in order to "save the union and our great political order of the day"

We also have to recall as a growing body of american middle class former 'minority only' citizens, that such a serious past history can and does provide us w/ ample warning that even in America, the very same national government can make and enforce laws , today in the name of
"practical political compromise" which are extremely detrimental to the fundamental individual rights espoused today by our american narrative and contrary to the spirit of the best human rights documents that have ever existed as a government in progress on earth.

Hence, the patriot act and the various repressive governmental immunities.

Dan Webster is only considered great today, because of his dictionary and decidedly not due to his timid views of political compromise with the slaveholders of his day.

Dan Webster was denounced openly and repeatedly and passionately smacked down constantly with any one who had an once of moral worth among the leading lights and public commentators of his day; Garrison decried his views as virtual "historical excrement", which
in deed, turned out to be extremely, prophetic.

But we don't hear much about Garrison yet, we tend to teach our school children about this great "Kentuckian who made great speeches"....

[or least we used to; in my school days..i'm not so sure today, if we hear ANYTHING about american history at all...]

Nonetheless, what we also have to realize is that today, our federal courts and our legal system can be just as blind to the major moral significance of a great national issue, today as it was in the antebellum america.

[This is NOT direted to the issue of abortion [only] today...so many want to focus on the issue of Abortion as a purely legal and political question and for them this argument has it own relevance.]

What I am concerned with, is the notion that individual rights in American and those kinds of rights which the 14th Amendment brought into the 'reach' of every man and women in America are being serious discounted, if not outright attacked at times, inside the very same historical courts who seriously discounted the african american human being his.

It will be further stated in this blog and at the midwest center what we're trying to bring to light in making such comparisons and statements as those contained in this particular blog.

We hope we can engender a real, lively geniune, if not academic or historically accurate debate here. We do not profess all knowing status but we are informed and have a point of view.
Most important we believe in public discourse on such critical and timely topics is always a good thing.

We are seeking to educate, to create awareness and to raise the issue as the original abolitionists did about slavery; while understanding theirs was a singular issue at its head, but nonetheless, like ours todays, it also had many faces and many deep tenacles in the political, social, legal and cultural if not business cycles of their era.

So it is with the struggle for human rights today, both in the world at large, and unfortunately, still, very deeply so, in America.

This country which has had such high hopes and has been able to make believers in human freedom so much the common cause of every person, as an ideal, is still so lacking in allowing its people and many of its citizens to be able to simply realize the values and the reality of the legal promises contained in some of its most time honored and fundmental and most sacrosanct, if not blood washed laws and constitutional amendments.

WE will continue with this theme onto into American history and will explore why many historians, today and at the time, it was first adopted, [in the north anyways,] believe[d] the 14th Amendment became literally the second "birth of the nation" for the United States.

We have lived in the coming light of the same ever since, but particularly when within the modern era, we literally conceive of our freedoms and our basis birth rights as humans as containing the right to be free individuals and to think and act freely and we're so ready to go spread this same gospel of such broad human freedom into every sphere of our lives and around the entire world, as normative and something almost divinely inspired and presumed.

Why is this possible today to so conceive of such a modern view of human rights and individual freedom based principles?

Its not because we enslaved millions and then passed federal laws in congress and had federal judges for decades, in the north enforce the duty upon the white northerners to inform and participate at times, in the capture and legal return of the runaway slave; the very idea of giving ones' testimony to the federal authorities as a mandatory obligation [in the north as well as the south] was enshrined in the laws of this nations federal congressional and legal precedent, for at least seven to 10 years prior to the civil war.

This type of amazing legislative act contrary to the very most fundamental notions of what it means to be an individual free from undue and immoral government restraint was created by a cynical but powerful southern led political weight in both Congress and among the Whitehouse[s], pre-Lincoln, which in turn, made the national political parties and in particular many a "middleground" northern congressman seek to compromise any hidden doubts about the same, out of fear.

Entire well established political parties vanished [and others formed and vanished soon again] in the heat of the aftermath of such compromises based on the infamous "middle ground" of national politics within the decade leading up to the civil war.

The courts don't have much excuse, in terms of their insular status as lifetime appointees, but they were hidebound to the social and political environment of the same loathsome idea that every person must be equal before the law, including those of a different skin color.

In this manner, the united states northern district courts' undistinguished history before their very own northern populations and politicians in terms of enforcing such inhumane laws, were but historical faint hearted legal actors creating 'legal' constructs and soon to be forgotten institutional 'lawful' examples and rulings of great immoral but correctly political 'moderate and middle' compromises of antebelllum era american history.

What was the price of freedom as we understand it today?

Or better, where did such a concept [of individual human freedom] come from which found its way inside an old hoary seriously compromised document indicating at first, only a dim glimmer of hope, like a thread of human rights, that would oneday grow and then overtake the entire world and influence hundreds of millions of individuals across time and space and our national boarders and beyond?

The 14th Amendment's origins contains in part, some very solid historical answers and the humble origins of this document are not what one would necessarily believe nor do many even care as they go out tonight and have dinner and believe in their God given right to their human freedoms across this nation.

Yet, again, one major lesson, in short, remains from this fugitive slave era, for us today:

WE need to watch, for political compromise, and politicians who speak in terms of appeasing to do the "only that which is pragmatic" and that which is done in the name of appeasement of certain major regional blocs of power and concentrated wealth or special interests.

....Or in simple terms, we need to very cautious about those who speak and act as if 'governing from the middle' is the only available alternative to managing historical crises in our nation's political lexicon.

While seeking political compromise is a time honored profession in the national capital...it is OFTEN times NOT the most time honored system for progressing human rights and/or protecting women and children and the most vulnerable individuals at anytime in our national history.

We also much be in turn , very very careful of federal courts who claim that they are being 'fair and equal' but applying 'applicable federal precedent' are in reality only imposing the will of the powerful and the major economic interests of our era, against that of the individual and the human rights of the common man and woman.

Much has happened since these historic days, inside the Courts and the Laws of America but we need to come clean with the past, in order to make progress, sometimes.

At a minium, we must learn and come to know our past, even our serious , deep past, as a nation and a culture, especially one with a growing powerful minority class, so as to both learn from it and to clearly, not come even close to repeating it.

Germany today, seems to understand this, as does some other countries, like South Africa.

We in America tend to focus so much, if not too much, on the future; its not necessarily bad to do so. But in doing so, we often lose sight of the great serious "suffered" moral and legal issues of this great nation's history. With this we lose persepctive and we may even lose our national soul, if not legal sensibilities, again, today.

Politics by its very nature creates the pressure, if not the need, for compromise. When it comes to human rights and individual rights however, as self sustaining emblems of human existence, there are no easy solutions for governments to allow for compromising the same in exchange for security interests in the name of promoting either 'homeland security' or "law and order", or as those in the antebellum era did, simply, the status quo for many and the economic interest of a few.

The midwest center believes such history and particulary the great legal and constitutional lessons of our nation's serious debate over the nature of man and the role that human governments have in 'speaking to' and 'thru' the ideals enshrined its laws, can be something that even today, in the post modern hyper paced modern world, consumed w/ commericialism and major corporate sponsors, we can still struggle together to learn about this amazing historical journey towards a better understanding of our own constitutional issues present in our society today.

We hope, and believe, in doing so, we will not only add to the quality and vitality of the American public discourse on its singular significant gift to the world in terms of its politics of the Declaration, but also its struggle for present day human rights progress herein in our nation, even sometimes among its 'forgotten' small towns and cities and darkest corners with a view, to seek true acheivement both in politics, legal affairs and public and private thought in our present culture's midst, here and beyond.

....And ...as i close, I think i'm going to head back to my old Esquire mag and take yet another look at that smokn "mulatto" beauty (with her oscar winning abilities) from Cleveland...again ...
and realize, buried in american history, as in nature, when some blacks and a few whites can come together, sometimes, simply amazingly beautiful things can result.

...along with this, I will try to forget, my disdain of that city's own serious antebellum federal courts history of how it has treated the human rights of those ancestors of Halle Berry.

The New Dems and the Consequences of Doing Nothing for Individual Rights

2007-08-06T01:41:00.000-04:00

Today, we have a new era on Ohio politics at least in terms of the new state and Senate leaders of this year's newly elected office holders.

We have reason to hope that something good will result from Ohio electing the "other" party, that over 15 years ago was run out of town-well at least, Columbus- on a rail. [I know, cause I was 'there']

What is the meaning of this? The outcome is yet to be felt in terms of every day people and everyday issues affecting many of us 'liberals' who were for so long shut out of the thing called
representative government in the State of Ohio's major political debates and issues of the past decade or more.

What is clear is there is an opportunity for change to occur and with the presidential election, there is again reason to hope that the democratic party will win the White House by having a favorable governor and a new democratic Senator from Ohio this time around, not to mention a new secretary of state and attorney general.

What could possibly go wrong? Plenty.

What isn't calculated is the powerful interests who captured the Ohio Supreme Court in total this past same election cycle and what it portends for anyone thinking the republican party has suffered a mortal blow, either now or at any time in the near future in Ohio's political landscape and environment.

In fact, with the consolidation of a clear sweep of ALL the judicial offices' seats on the State Supreme Court, there is something of a very mixed signal being sent back to the electorate
right now, by those newly elected and those who have held onto power for over 15 years in a row.

What must occur is the democrats must be indeed, democratic in their outlook and in their conduct and actions towards those who helped to de-elect their republican statewide officer holders and much more well- known statewide names and allowed this political breather to take place.

However, this present circumstance looks and appears, as if it is almost business as usual among the poor of Ohio today. It isn't but it can at times oddly appear that way.

While there have been some solid proposals and efforts by both the Governor and the new Attorney General, and Secretary of State, there is a lot left to be desired, literally.

Six months into their new found positions and many in Ohio on the left are still wondering if they have a truly representative democratic officer holder[s] in position in Columbus or whether if the Republicans have really left office and only the names have changed.

It is almost as if the elephant is sitting down w/ the donkey and teaching him a few old tricks of how things get done indeed now post Voinovich, Noe, Taft and Petro and Montgomery, if not what's his name who ran against Strickland...

[ and there is no post Moyers whatsoever to contend with]

IN a word, to many of us who worked hard for change this past mid term election and wanted to see change more than most who have more than mere passing interest in politics both national and statewide and locally, we have yet to see the trickle down effect of having their voices simply getting heard by our sudden new found friends in such positions of influence and political power.

Patience is always a good thing. It is also understood.

Yet, having to wait in line, with most nearly everyone with a suppressed sentiment and issue on the left side of the aisle in Ohio is well, frustrating at best. This is also understood .

Yet, there is a need among our newly elected popular governor and his new democratic companions to find some better form of making one's needs and special concerns known to
them.

We need those who have taken power in a Northern Spring, after such a long, too long, perhaps, "whites only" republican [except for the token black] winter experience in this state.
to first, perhaps, simply....take the time to listen and listen carefully to some who have had much experience, in state affairs and to those who are citizens in need.

Perhaps, these new officers need to find their own way and discover their own voice in office before they can actually do much to help anyone else.

Such is the way public office creates demands upon the truly inexperienced in state office requirements and clear statewide responsibilities... It is a unique perspective, indeed,
isn't Marc and Ted?

But there is also a warning here; if the democrats only intend to make it known that they enjoyed winning their officers more for the 'affect' and for political purposes only as some in Congress seem to project, and do not engage in a geniune and honest manner with those at a grass roots level to assist the base and the left's serious anemia, which has been produced by the continuous exposure to a very toxic republican dominance for so long, there will be a quick loss of trust and confidence in those same newly elected leaders of this state, both federal and state.

Having high expectations of change is one thing; hearing heated complaints and rhetoric against the status quo will only get one so far. Gridlock is not an excuse to not to at a minimum, to listen to one's friends, even if they are in lower places.

We need real dialague first and real action second, out of these newly elected democratic party leaders from Ohio.

We need most of all, for them to simply listen to the 'voice heard small' in places that have 'little light'...the very places which the republican domination left so many so worse off over the years and have left also so many terribly adrift amidst a very cynical and darkening world and life threatening circumstance.

Voices need to be heard in order for the people to begin to trust politicians again in this state on either side of the political equation. Listening to the same is a good thing, especially if you wish to understand the deep sense of disenfranchisement among the working classes and the poor and working poor of this State and the young.

The true test of this past election is happening as this is being written and the real issues are felt by the modest people who have waited it seemed like an eternity for political change to occur in this state.

When after some hard work, a real historical moment has now occurred, these same patient and expectant persons [by the multitude] who were among the most sincere and true hoping for change last year with the turn of events in terms of this state's politics, are again being made to wait longer still to simply get "an audience" and have their issues and concerns addressed in something NOT resembling the kind of deliberate indifference the prior 15 years of political dessert experience demonstrated under the former opposing party which basically ended most if not all, human and rational hope that government, even this state's government leaders, can and do care about average people who have sometimes not so average concerns.

These are those so seriously in need of a true and geniune listening leadership on issues that truly affect them and which matter the most to them.

In short, if the left who are now new in office, leaves the left who are on 'the street' and in the distressed areas of this state, helped to elect them....at this juncture, of their political posturing for the next run up for the next election cycle, be it a presidential or otherwise significant election, there will be hell to pay at the polls, I am afraid.

There will be also a morality play of significant dimensions portrayed to all the world.

More importantly, if these present newly elected democrats do not show any more concern or compassion for those "lefties" than what they got from the republicans since Voinovich became governor in the late 1980s early 90's....than the heart will harden completely towards not just these democrats but all political processes.

The answer will not be healthy for the present american experience and the politics of indifference and apathy in America's voting electorate will grow exponentially. It could result in what happened to the progressive movement when it was sold out by those whom they thought were their friends in almost exactly the same time frame, a century ago.

Progressive movements can be shattered and their lot cast to the winds of history. Ask those who study history about such moments in american political lexicons.

Better yet, rather, simply ask all those democratic state officer holders of the mid 1980s....
Tony Celebreeze and a few others seemed to not understand the same until it was too late for a democratic seemingly unstoppable machine then.

and it can happen today, as they say, again.

We can also live again under another Herbert Hoover like governor and soon again, be subjected to the likes of yet another nice smiling facial Taft poster child of feigned concern for the working man of this northern state in distress in most areas outside of Columbus and certain Cleveland & Cincinnati and Toledo suburbs.

Perhaps the same king of "main stream" smiling face can treat us along with Thomas Moyers and his new found dominance in state republican politics again, to yet another republican win at the white house, as well.....where Tom Noe fresh from a presidential pardon, can provide the dinner guests with luxury homes and nice fat campaign donations and regains his
rightful "master of ceremonies" title once again among those righteous elect who dare to share w/ the masses their very highest honors, if not, their most sophisticated of all fund raising abilities.

If the true left are mistreated and Ohio's new democratic officer holders simply put them away in the political closet somewhere, now that the cleaning has occured, simply to be taken out four years from now,

...then the certain to come, 'invitation to support' such 'continuation of change' will be met with serious stone cold handshakes and with the same kind of cold indifference and silence that has met some on the left among those in the street and among the grass roots, of our state, literally,

so far, in many an attempt to simply make conversation with these new hoped for ones.

Six months in a statewide office goes like a summer afternoon at the beach. Soon it will be time to leave the nice and pleasant environs and summer hazy entrance which occurs upon entering such high offices and school will be back in session.

Its time for serious studies to occur and some need to learn to listen, again, instead of playing their own music so loud and allowing themselves to get lost among their former lovers
and the partying crowds of such summer fun.

If the true democratic forces in various distressed areas and their needs ...
[these are indeed, "the left" who actually need government to do something positive for a change in this State [knowing minimum wage increases in Ohio did not occur by any great modern legislative initiative or one governor's ideas alone]

...go unaddressed in a substantial, if not indifferent manner, then the left of Ohio will come to know what exactly a summer romance is worth.

This will in turn only return the rich and the conservatively motivated to their 'rightful' place at the seat of powers in this midwest bell weather state.

If this happens again any time soon, in our lifetime, certainly the sign that ought to be hoisted over this government and our democratic institutions, [and certainly the state democratic party itself]...

will be "abandon all hope all ye who would enter here"...

Listening...to the people's concerns of those who helped you and made your election much more a thing of possibility, in many respects, among the middle and minority areas of certain distressed regions of this state, is something of a good place to start....

It would also be the good and simply geniune thing to do....

This is a final dance, Ted, Marc and Sherrod [and do I dare mention you too, Lee , of my own
former choosing ....in a past better now forgotten like both of our summer loves...]

Shall we? or shall we turn away from you as one turns away from sour lukewarm milk?

Only your response will make known the answer to this standing querry that many a true liberal mind here in this critical time and region awaits.

and...this line, by the way, ... is not getting any shorter ....

Some Thoughts on the Major Donor Interests of the Ohio Supreme Court, Unpopular Lawyers & Unintended Conseqences in the Midwest

2007-08-05T16:48:00.000-04:00

We are in a constitutional free fall in Washington. Many commentators understand what
is the current consequence but it seems Nancy Pelosi is not willing to allow for the
rule of law to actually do what it is designed to do and that is execute a self-correcting
mechanism.

The implications are substantive and perhaps we'll see in another generation what the
consequences of doing nothing to an out of control executive branch and former legislative branch of government at the national level is capable of producing.

In the midwest, after the last midterm elections and some statewide offices results,
we have been fortunate to see some change occur at least in tone and party politics.

However, certain powerful special interests have actually consolidated their stranglehold
on the people's third branch of government in Ohio; the judiciary. Its been in process since at least 2000 and perhaps much longer but finally big money and special interests and large corporate law firms and the insurance industry campaign fundings has reached its zenith of its intended outcome; the Ohio Supreme Court, even in the middle of lopsided, landslide gubentorial election favoring the democratic ticket nonetheless swung hard right and right into a
unanimous sweep of all seven of the Ohio Supreme Court seats.

This is so unusual that it is indicateive of the power of major donor law insurance and corporate firms and lobbyists who put their money where their mouth is and obtained
what they sought; a judiciary in Ohio which is certain to favor a particular "philosophy" of the law and its interpretation that will protect special interests for at least a generation to come.

What is the significance of this seven year, multimillon dollar well orchestrated major donor republican effort in Ohio?

The first causualty will be obvious but not to all; These will include terminating any outspoken critics of the current judiciary and/or the "philosophy" of those who placed them in power, from within the profession itself.

We are going to see a purging of the profession of the undesirables and the unpopular lawyers [and maybe a few judges] who dare to be different and who dare to stand up strongly for the notion that criminal defendant's rights and individual rights are to be maintained as a priority in the law, because this is the built-in portion of the Constituitonal protections that create something we often refer to as the Due Process of law which made our nation unique among all.

Protecting the basic freedoms of the individual as contained and enshrined in the Bill of Rights is something that major donor interests do not rank very high on their wish list of items that such major corporate donors want to include in their particular candidates for statewide judicial offices "philosophy".

While it remains to be seen in part what their actual "applied philosophy" does to the law of criminal procedure and significant Fourth, Fifth and Sixth Amendment protections, their power to take the licenses of lawyers who dare to strongly defend the same is becoming something of note these days, in the midst of their growing monopoly on the power which controls the conduct and thus, the ability of all lawyers, to practice stand up, even radical advocacy, anywhere in Ohio.

There is not a lawyer in Ohio [and in many states], that isn't today, looking over his shoulder both at his former client, his opposing counsel and at the same time, has to maintain a vigilient eye on the ever exponentially growing precence of a ubiquitous state bar disciplinary counsel's reach into the very most minute details of a solo and small firm lawyers practice and ability to maintain a viable legal advocacy and a strong dissenting voice based on what was always formerly regarded as the most sacrosanct aspect of the practice of law; the lawyers ability to speak out against wrongful treatment of his clients by any interest in society, but particularly those within the profession and the law enforcement and legal institutions themselves, within of any given region.

Today, to truly advocate against the perceived "third rail" politics and to simply speak out strongly even inside a court of law, is something that can put one's law license, if not his livelihood on the line inside this new era of ethics enforcement in Ohio, especially now that there is but "One" judicial "philosophy" thanks to major corporate and insurance and major law firm interests, and that which now dominates the State of Ohio's Supreme Court.

This trend is also growing across the country and some legal non- profit organizations and observers who are following the major corporate donor funding of state judiciary races [like Justice At Stake] and they are trying to sound the alarm of major donor corporate spending on statewide judiciary races in the past three election cycles since 2002 and how this has produced a very one sided, singular judicary in many key midwestern states, including Ohio.

Their publications are very well documented, precise and well presented and available on line in part. [See Justice at Stake and the Brennen Center of Law study on statewide judicial campaign funding and the New York Times Oct, 1, 2006 Front Page Article regarding Ohio'slast Supreme Court donor interests in the State judicial races and the relationship to pending cases before the present Ohio Supreme Court, even before the election wherein the republicans INCREASED their stronghold on the current Court here.]

Along with this, comes the silencing of the lambs, so to speak and with that silence comes a less stable open society, one that is not merely indifferent to the individual's need for protection from government actors and their out of control often instrusive approach to "law enforcement" but actually one in which to be perceived by members of the highest members of this profession as one who dares to advocate for a constitutional framework openly and strongly is to risk the ire of such powerful overseers of the modern legal profession.

This in turn creates a very powerful chilling effect on the individual lawyer and how he practices law and what he or she will do to protect their individual client's constitutional rights.

If strong individual advocacy and risk taking by solo and small firm lawyers means risking the law license of such a solo lawyer who is predisposed to strongly defend the vulnerable individual against the police powers of the state, fewer and fewer lawyers will chose to speak out openly against such common abuses in many areas of the state, particularly the less visible places.

When such a thing occurs, the ability of the constitutional protections to perform its self correcting task as envisioned by the framers and those who framed the 14th Amendment from serious governmental abuses of power against the people, is seriously weakened.

If those who have their rights fundamentally violated can not find a lawyer to advocate openly and strongly for them, in many regions of this state, then the idea of freedom and the Bill of Rights becomes merely a dead letter to many local populations who have few rights left which truly independent lawyers wish to defend, without fear of a visit or letter of inquiry coming to their law officers from those this third branch of government operates as their own combined lawyer 'police' and 'FBI like' office itself in the name of 'ethics enforcement.

When such powerful judicial officers set the tone, fresh from major corporate donor funded victories, that "independent" lawyers who dare to advocate strongly for civil rights of their clients on unpopular issues within controversial settings or court cases, are fair game for their all -powerful eyes and reach of the Supreme Court's gestapo- like overseeing "disciplinary counsel"
office prosecutors, more than the individual solo or small firm advocate legal counsel is affected.

The entire process of the admininstration of law is then held intellecutally if not actually hostage
to such a single 'party line' and as a result, the entire enforcement amidst our society of our sacred "self-evident rights" can be said to made to suffer as a practical result of such selective enforcement of civil rights lawyers and dissenting lawyers [or judges] who tend to want to call out their local powers that be.

Among the most lethal of this new power arrangement inside the Third Branch of state goernments, are those which can find the most minute infraction of the so called code of professional conduct and turn it into a major article [weapon?] of supension, and in turn, thru their less than due process oriented proceedings, create a legal fiction around the same and then publish their 'findings of fact' across the entire state and in the mainstream media by their superiors on the Supreme Court in a way that is both as infirm as it is broadly damaging, if not intimidating, to most lawyers who would dare to stand up for what they perceive to be serious lapses of the rule of law in various places in their experience as lawyers.

It was formerly called political assasination and/or in a truly liberal day and time, simply
defammation.

Today we call it the state supreme court's "professional office of disciplinary counsel's Code enforcement."

When you couple such a process with a virtual political monopoly on the profession, its no longer a simple matter of a particular judicial leaning on a given state supreme court;

This creates an very intense environment of intimidation and unwarranted chilling effect on the entire legal profession's ability to operate in an independent and open manner; in effect, what the large donors and this new found political muscle has created within this present system is an entirely new form of thought police among lawyers in Ohio and elsewhere where this process is also underway.

The German socialist party era has indeed arrived in America, in spirit and tone, from safeguarding the executive branch in D.C. from expulsion even when millions of citizens telephone calls have been illegally monitored by the white house and the same have created torture as a legal basis for interrogating prisoners of war.... not to mention the unpatriot act.

But I believe the most invidious form of corruption of the framer's ideals and the most invisible danger to basic citizen's fundamental civil and human rights, is not going to come in
the obvious ways and in major office missteps and national limelight; its happening instead, inside the most unique institutions of law across major bell weather states like Ohio, right from within the ranks of the very profession which is dedicated to the very principle of maintaining at law, an open and transparent society and one which has been historically charged to be the 'first responders' of such a lawful vigilence of people's right to redress their fundamental constitutional rights and ideals; the same is the lifeblood of any democracy, as constitutional and criminal defense lawyers and plaintiff oriented judges are in any open society understand.

If such advocates are to become the targets of major donor interests and subject to seriously damaging, if not career ending pograms orchestrated by those who have gained such control over this ancient profession inside one of the most important state's of this nation, in the midwest, the the question arises who and what is in place to provide any check and balance to such significant curtailment of the lawyers' ability to practice truly independent and oftentimes controversial but necessary aspects of constitutional and criminal defense law?

An all republican anything in our recent political era has proven extremely toxic to the national standards of civil rights enforcement and understanding of the same as an applied science and safeguard to our modern American experience.

When it comes in the silent form of a state supreme court all seat monopoly of controlling interests and powers, the door is wide open for an extremely negative if otherwise hidden abuse of constitutional power as it only can be practiced by the most extreme and powerful rich interests thru their "judges of a particular philosophy" as they at the national chamber of commerce have said in defending the same when questioned about their overwhelming infusion of multimillon dollar purchases of this nation's and this region's most powerful courts.

This trend must be revealed and many in D.C. and national and state democratic party politics, and independent politics and human rights groups from around the nation ought to be concerned about this very same small but extremely significant serious departure from the Due Process of law, happening inside the State of Ohio, all well funded by some of the top insurance companies and special interest groups who do not care for mouthy lawyers who stand tall for civil rights and others in the profession who still believe the Bill of Rights is not a dead letter, nor something to be relegated to a historical archive and forgotten.

These same judiciary interested outcomes and their special interested corporate lawyers coupled w/t some well placed over zealous 'ethics' prosecutors today, are well on their way to political dominance of every major state supreme court in the country for the forseeable future, starting here, in Ohio, indeed, the heart of it all.

If the people of the united states press the democratic congress enough, perhaps nancy pelosi will change her mind and allow for the self correcting mechanism that the framer's envisioned to
do the only thing available to check raw abuse of executive powers.

At least, however, the possibility of such a corrective move exists, even if it is not part of the political logic of leaders in Congress at the moment.

AS for the third branch of our democratic system, there is nothing at law available for the people of the State of Ohio, much less the lawyers of Ohio to do the same where in concerns the out of control state judiciary of our present highly politicized Supreme Court.

For this and the reasons inferenced above, the same ought to be sufficient to serve for more than an adequate reason for a significant public debate to take place in Ohio, in light of the issues in play regarding this present special interest purchase of the Ohio Supreme Court since
2002 and its approach to silencing the more ardent of constitutional and solo independent lawyers arcoss Ohio.

[This is just a first comment; more will follow on this theme and soon we hope to generate a true forum to discuss this disturbing trend in light of the money trial which has literally swamped [and trumped] the statewide judiciary of the highest and most influential and most controlling court in the State of Ohio.]

Some Thoughts on the Danger of Patriotism Among Conservatives

2007-08-05T12:27:00.000-04:00

There is a stirring in the american electorate that is significant; for the first time in forty years this country is questioning a major pentagon and presidential
war effort and the policy makers which are maintaining this policy.

However, defense industry interests and major corporate sponsors of the war are
also determined to engage "the enemy" as long as the nation is willing to allow
Congress to spend 300 billion or more on making sure their corporate coffers
are filled.

One of the basic reasons for this "allowance' is the american conservative movement
creates the impression among some of the christian and more determined base
that it is unpatriotic in times of war to "not support the troops" and by this, they
mean not support the policy of the so called war president, who is telling this flock
of well organized conservative voter base that the country needs to be fighting
this "war on terror" abroad instead of at home.

The conservative elements of this country's christian right at times are very sincere in their support of their country and their president. They have some reason and reference
scriptures to underscore the same, as many can.

However, we are not children when it comes to political and governments using
patriotic and nationalistic themes to drum up support among the populare...

Rome was very good at doing this, two thousand years ago. So were the jewish leaders among Palestine who helped Rome put Christ to death as St. Mathew and St. John write
so clearly about.

But in the more traditional classical liberal arts sense, even Thomas
Paine, our great american early popular political commentator, demonstrated that patriotism and religious fervor can become strongly subject to serious abuse and misguided governmental
policies, if not serve as a direct means of manipulation by special interests who
do not share the same morality when they put into play that which the masses
would tend to want to believe from their leaders and their governments, particularly the ones they share a commonality with.

Recently three separate southern Congressmen during an Armed Services Committee hearing
who were on the republican side of the aisle made the statement to the effect in questioning a war hawkish general,
"General would you not agree that this war on terror represents the most serious threat to our nations' security since the War of 1812?"

This Congressman was from Texas of course. Soon his comments were echoed in exact phraseology by other western conservative congressman on the same committee during the same hearing. [Thank goodness for C span]

Such talk is but the product of less than a clear understanding of american history and its geopolitical challenges in recent times, including but not limited to the Cold War with Russia's
eighteen thousand nuclear warheads which were armed and ready and pointed directly at the United States [Does October '62 and the Kennedy brothers mean anything to these guys?]

But also it demonstrates a certain type of christian fundamentalism which is being brought to many by pastors and religious commentators and quasi religious 'christian' publicists
who are trying to replace the 'red scare' with another newly minted modern 'brown scare'.

The idea that Christ and the Gospels can ever be made compatable to a modern nation state's military policy is one thing; taking a huge historical leap of faith in the modern american military policy and nationalism is another.

Today, Christ, if on earth, would be found among the poor and the disenfranchised talking about God's love and His Grace and mending broken lives.

He would not be 'into' raising national patriotic fervor which benefits mainly the rich, the well connected and the powerful and their greed machine with its ties from D.C. to Texas based Haliburton and Seattle's Boeing and Dow chemical's "human element"[they ought to know about human elements because they have made enough explosives to almost kill the "human factor" from the biosphere]

What does Christ have to do w/ making war? What does Christ have to do with killing anyone? What does His Gospel have to do with making a "stand against terrorism" where the failed policy is so clear that even high school students can understand now it was a huge mistake
to convert the 'war on terror' into a war on Saddam Hussien's beset country living under extreme pressure from the West, since the first mid east incursion, in order for American Corporate interests to gain a stategic position in the middle east.

When Congressional leaders can state the war on terror is similar to a national call to duty not unlike the War of 1812 or even WWII, we need to start rethinking our values as largely christian nation which truly doesn't understand the nature of what they present to the watching world and how they speak of God's love and power in Christ and somehow convert that into a national civil religion to support more american adventurism.

[If this is so, then why not immediately and truly sound the bugle and reinstitute the draft for all upper class, congressional children as well? Are they not required also in times of such national peril to be ready to show their full measure of patriotism?]

American foreign policy, even in recent decades, has not been exactly pure nor based on purely on democratic notions.

[Does anyone understand where the Sandinista movement came from? Does anyone ever heard of the book "Blood Brothers" and the "war on El Salvador"in Reagan's time? ]

Does anyone understand that what our american corporate and financial interests are basically are what we also begin to mask as foreign policy oftentimes in the modern era... and we are now doing this with impunit,y& perceived by the entire world as coupling that strategic interest w/ our world dominance?

When we "war" on smaller nations, does this not raise a question of morality itself?

Robert Kennedy sid it did.

To the christians, i would ask...

Is this done in the same Spirit of Him who rode triumphantly into his nation's once famous capital, amidst record crowds, overwhelmingly praising Him, [at least the first week in the same capital city] riding on a donkey?

Perhaps, the scene of Jesus being near sinners and riding lowly into town knowing he was to be betrayed and crucified, appearing to be merely human and one very humble servant,
is not the image our military planners and some Christian conversatives are contemplating we ought to project to the world as a model for how to manage real power in an age of uncertainty.

Does Christ model true power to the leaders of the world?
Was his Gospel so otherwordly to be no earthy good for us today?

If we answer too quickly we may be in danger of misinterpreting his arrival into Jerusalem today, then as the Jews did then.

If we only can see a future King excercising a false humility before his soon to be accusers, we will miss something significant about what made Him so unique among world figures and spiritual ones.

Christ was no mere human politician, especially if you profess to be a true believer and follower of Him. He was not about setting up any kind of worldly kingdom.

Yet, there are those today, who would dare to take his Words and His example and 'defend freedom' by pressing the right wing agenda of this nation and that of the defense contractors and pentagon interests and make it somehow sound like to not support their misguided policies is not to support the cause of Christ.

Be very very careful of such 'christian' justification for wars. Be very cautious as a young person who is swept up in defending the "homeland" as many policy makers reference it now before Congress since Bush "the christian" has come into power.

Such talk equates the kingdom of God with the hyper nationalism of America's present right wing establishment, if not the entire DC establishment, including some in the so called middle or 'main stream'.

It isn't theology we have to debate as much as how modern popular theocratic based notions of manipulating something intended by the Eternal which was made for the timeless quality of all men and mankind, indeed, for all eternity can be made to serve certain powerful american temporal special interests and by doing so, seriously misguide the popular opinion of many american people, and perhaps even themselves.

If they wish to believe their own words and heated rhetoric that is their perogative.

But when they speak such 'self-evident' postulates as they have even now, in the midst of a serious national growing debate over this present war in Iraq, as government leaders, they begin to take a dangerous step in the wrong direction both for the nation and for their church going fellow christian brothers and sisters.

We do not need to deceive ourself or our future generations into thinking we are doing God a favor by spending billions of our taxpayers dollars on a already bloated military budget.

Christ has little to do with making War in the modern sense.

Modern day nationalism has led to some good consequences in history.

It also has brought us the worst example in modern history of how a very intelligent and educated christian nation in the middle of Europe, can be deceived by making national "homeland" security equate with the ideals of quasi religious millineism.

This does not mean the military personnel can not fight and maintain their own christianity. But the acceptance of making national military and budgetary policy in the name of God in such circumstances, if ever, is inviting the criticism of not only many in our nation and around the entire world but as well as those from history, like our own Thomas Paine, who understood all too well how government can turn any theme, even the best intended ones, into a nationalistic fervor and lead entire nations astray.

Let us look to the wisdom of the founders and our better historical examples and note that we are not to be deceived into making war something supported and necessary to promote the kingdom of Christ and His gospel, even where our sympathies are with soldiers who have suffered much thru own sincere efforts and sacrifices.

Hello From The Director of Midwest Center

2007-08-04T17:48:00.000-04:00

Today, we are launching a new blog which is the net forum for a public policy town hall
meeting for the what we are calling the midwest center for constitutional rights.

We want to foster here a robust discussion all things public and all things necessary
to bring to light the American notion that it is not undemocratic to be critical of one's
government and any public office or officer holder and/or the institutions which
form the backbone of an open and free society.

My own background is one which is both grounded in international relations and mideast
studies as an undergraduate history major at Oral Roberts University as well as son of a prominent democratic southern Ohio officer holder and regionally very well known public servant and judiciary officer for the State of Ohio, for over thirty five years, who was both a "Best Generation" D-Day veteran and a long term honest public servant.

My work inside the State of Ohio's labor department in the late 1980's , along with my own legal and graduate level american history studies have also contributed to the maturation of both my political and social thought.

I have founded the midwest center for constitutional rights in hopes of bringing to light and to "center" a unique and progressive growing set of concerned citizens, academics, grass roots and older traditional political and civil rights organization, individuals and others into a focus based upon the unique needs and issues facing the United States today and in particular the midwest of this county, including but not limited to the region stretching from Minnesota to
Arkansas to Michigan, Indiana to our home state of Ohio and eastward towards Western Pennsylvania and southward towards West Virginia and Western Virginia.

The center is strong on the idea that the 14th Amendment changed the course of American history and the study of how this truly amazing achievement in the law came to be and what philosophical and social movements which helped to create the same are still very present in our society for us to both learn and use as a model to move this country past its current dangerous flirtation with corporate -state oligarchy.

What happened to the 14th Amendment in historical U.S. Supreme Court interpretation and how does this affect us today is a question many are reconsidering today.

What did the last of the great american abolitionists and their friends have to say about the growth of the Corporation for America and what did they understand having fought w/ their entire lives against "the Slave Power" that controlled the U.S for the First hundred years of this country's existence?

What does this, if anything, have to do with modern american politics today?

Here at the Midwest Center we hope to invite and provide a forum both on the net and in the 'real world' which promotes the notion that ideas do matter and most important, as we often
quote, James Madison as saying, "knowledge is preferred to ignorance in a democracy."

We at the Midwest Center believe if we can begin to understand this process and the culmination of the historical forces which led to the initial debates and the language surrounding and contained in the 19th Century's 14th Amendement, we may be able yet, to save this country and our modern world from a tyranny that is as subtle as it is universal and as close to you and your fellow citizen's continuing erosion of your First and Fourth Amendment rights, starting particularly here in the midwest and a process which is as ubiquitous as your Google earth watch eye in the sky, is everywhere...

The blog is but the social and political 'talking head' portion of a website we are calling the
"TheLiberator.name"...which is in turn named after the famous 19th Century American Abolitionist William L. Garrison's newspaper which led the nation and his northern sympathyzers to convince a less than honorable political environment of his day that sometimes, moral truth and moral suasion is more important than profits and keeping peace, even if it means not compromising on human rights of those much less fortunate than either your political party or individual region of your nation.

By setting the tone for such a critically timed controversial public discussion thru much courage and challenges and by his singular "calling out" of the powers of his day, even the religious ones, Garrison helped to shaped the political conversation of his era, which in turned help a rather depressive sorrowful faced Illinois Senator get elected to president who was firm on the question of slavery, if not exactly abolitionist on the issue of racism in America.

We are Not endorsing any candidate by stating this but we are stating that it is time to take the gloves off and fight in the public forum for the most basic of fundamental human rights which were the very rights that Lincoln came to understand were at the heart of the sacrifice which lay before him at Gettysburg, the day after the battle there ended.

Lincoln later after the entire war said, " I was the instrument, Garrison, the Wind..."

We need today, desperately a Garrison and a christian intellectualism which is neither typical or anything but orthordox in the way the "laws of christ" are to be applied to modern society's burning questions.

To that end, please write and share your thoughts and ideas and help give your breath to the mounting Wind of Change that is blowing thru our midwest...and onto hopefully the entire nation...

We dedicate this blog to such a concept of an open society, even when we ourselves have so often been literally jailed and/or publicly criticized by those holding high offices and powers in our midst to make our voice less credible or even to silence the same.

The one major concern of the center overriding all others, is the extent of the endless abuse of power by the formative 'police state' on local, state and national levels, that seems to be growing stronger today, despite many an american's experience and our growing national awareness of the same.

The more we share our thoughts, experiences and views if not our dedication to this ideal of free speech and the priority of 14th Amendment's emphasis on the individual's human rights in the midwest of this country, we believe we will make it harder for the more obvious darker forces to gain ground within the american experience; to that end, indeed, Madison's dictum will come to pass and 'knowledge will, indeed, trump ignorance,' once again, in our era.

With that said, I am inviting all to enter this conversation and dialague, jew, christian, arab, secular, anti establishment, pro life and/or pro gun lobby and all major radicals; from intellectuals to those who have had serious grass roots experience to those who may just be wondering why it appears some of our most fundamental liberties are being encroached upon.

I do not wish to formet idle comments or sicko views. so keep it real, keep it professional and hopefully meaningful and we together will begin anew this effort to roll back that spirit and legal march which in another era resulted in the "night of the knock"...

Its for the betterment of our region and hopefully thru this, our country...we dedicate these comments...