Judicial Activism circa 1823

Whether you agree or disagree with the complaint of S Ct Justices making law, it does seem a bit late. Consider the 1823 case of Johnson v. M'Intosh in which the Court and Justice Marshall plucked from thin air an elaborate rationale for dispossessing the native populations of North America of most rights to the land on which they lived determining that 1. The Indians were inferior to the Europeans; 2. They merely occupied certain parts of the continent where they were allowed to stay on good behavior; 3. As they had made no improvements to the land it was considered vacant and available for the taking; and 4. Such right as they may have once had they gave up in return for the gift of Christianity. Well, not necessarily thin air perhaps. Governor Harvey of Virginia had decided even before the formation of the US that “Some affirm, and it is likely to be true, that these savages have no particular propriety in any part or parcel of that country, but only a general residency there, as wild beasts in the forest; for they range and wander up and down the country without any law or government, being led only by their own lusts and sensuality. There is not meum and tuum [mine and thine] amongst them. So that if the whole land should be taken from them, there is not a man that can complain of any particular wrong done unto him.” This is what Justice Marshall had to say. “On the discovery of this immense continent, the great nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire… The potentates of the old world found no difficulty in convincing themselves that they made ample compensation to the inhabitants of the new, by bestowing on them civilization and Christianity, in exchange for unlimited independence. … the original fundamental principle, that discovery gave exclusive title to those who made it. The history of America, from its discovery to the present day, proves, we think, the universal recognition of these principles.”

Appearances Can Be Deceiving

Of course, I’m physically capable of washing my own car, but I had some calls to make so I decided to go to the car wash. I checked in, got my ticket, and then paid the cashier. When I sat down to wait I sensed that they had given me the wrong change. I checked the invoice, and there it was in black and white. The bast**ds gave me a senior’s discount. Oh the humanity.

Mystery of the Two Ls

April 7, 2009

April is the cruellest month, breeding Lilacs out of the dead land, mixing Memory and desire, stirring
Dull roots with spring rain.
The Waste Land
T.S. Eliot 1922

Dear Friends and Long Suffering Readers:
Ah, April. Have you ever wondered why an intellect like Eliot would have spelled the word “cruelest” with two Ls? Each year at this time this mystery reemerges like spring lilacs, yet we remain, as before, no closer to a solution. Perhaps we’ll never know.
Let me offer, as consolation, a mystery that comes with a solution. “The Widow of Varenna” by yours truly can be read at Pine Tree Mysteries. http://pinetreemysteries.com/PTstories/PTschweizerpg1.html
Any resemblance to persons alive or dead is purely coincidentall.

If President Obama does nothing else in his term of office

his signing of the Christopher Reeve Paralysis Act will have secured for him what his two predecessors are now belatedly pursuing, a positive lasting legacy. We have a niece that we all love who was injured very badly as a teenager. Swimming offshore of Perth, Australia her head struck a submerged sand bar and she broke her neck and sank. Another girl sensed that she was missing and found her and pulled her out in the nick of time to prevent her drowning. The good people, doctors, nurses etc. of Perth saved her again, but she was told she would never walk again. Friends and relatives including my wife and daughter hurried to the other side of the world to give what support they could. She had a courageous mom and dad and brother who put their own needs and hurts aside. Still, in Perth, there wasn’t much hope for improvement, and when she could finally be moved the family returned to the US for rehab which was unknown territory. She was lucky to be accepted as a patient at the Kennedy Krieger pediatric paralysis unit in Maryland benefiting from techniques used to treat Christopher Reeve. The staff and doctors worked wonders, and she improved slowly. She was interviewed several times, and once, when asked by MSNBC if she looked forward to walking again, she replied “I want to dance.” Last summer at my daughter’s wedding she did dance, not the Paso Doble but at least as good as some of the advanced baby boomers. All this time she missed school, home schooled, self schooled, and finally attended high school with frustrating interruptions. Last month she was accepted as a freshman at UC Santa Barbara and a week ago she got the good news from UC Berkeley. It doesn’t get much better than that. I met Christopher Reeve once in an elevator, and we had 22 floors of chit chat, really a friendly guy. My wife and I are what, I guess you might call, secular humanists. We believe human problems are only going to be solved by human beings. Once in a while that includes politicians.

Roast Beef and Violets

Couldn't be more jazzed. The View From Here (formerly Hiss Quarterly) will feature a new story "Violets For Dusty" in their March issue. This is my first bit of literature as opposed to crime and suspense to make it into print. Oh gosh. I'll post the link on publication day.

Happy New Year

Be it resolved for the year 2009 to produce 70,000 words of beauty, inspiration, and wonder by the Ides of March, make that the Spring Equinox. Now that I think about it I should probably allow myself a cushion so make that June 1.

Put the X back in Xmas.

Ever wonder what happened to the gold, frankincense, and myrrh? Just read http://www.staticmovement.com/WilliamGSchweizer.htm and wonder no more.
Merry Xmas
Billy

My Beautiful Darling Daughter

Time and Tide 2

November 16, 2008

Greetings Homeboys and Homegirls:

This is what you have been waiting for, even if you didn’t know it, an old ghost story, resurrected now in cyberspace. It’s my take on small town life, and particularly life in East Rockaway, our town, whose extended golden age began ten thousand years ago. I’ve taken substantial liberties in depicting growing up absurd and ghostly in E.R., although a few events and several characters are unexpectedly consistent with memory.
I guess the editors at “Bewildering Stories” must enjoy the fictionalized landscape of Long Island. Some time ago they published “The Drama Major”, a farcical depiction of the worlds of theater and summer stock on the Island. http://www.bewilderingstories.com/issue167/drama_major.html
Now inviting you to check out “A Purpose In Liquidity”. http://www.bewilderingstories.com/issue314/purpose_liquidity1.html
You just might see yourself.
Bill

Check It Out

Twisted Tongue
http://www.twistedtongue.co.uk/