Grumpy opinions about everything.

Category: Commentary Page 5 of 15

This is the home of grumpy opinions.

Citizens United: A Supreme Court Decision That Reshaped American Politics

In January 2010, the U.S. Supreme Court issued one of the most consequential and controversial rulings in modern political history: Citizens United v. Federal Election Commission. The 5–4 decision dramatically altered the legal landscape of campaign finance, opening the door for unlimited spending by corporations, unions, and certain nonprofit organizations, potentially giving them disproportionate influence in election campaigning.

Hailed by some as a victory for free expression and condemned by others as unleashing a torrent of special interest cash into politics, Citizens United has continued to define the shape of campaign financing for the past 15 years.

The Origins of the Case

The lawsuit began with a film. In 2008, Citizens United, a conservative nonprofit organization led by David Bossie, produced “Hillary: The Movie,” a 90-minute documentary highly critical of then-Senator Hillary Clinton, who was seeking the Democratic presidential nomination. Citizens United wanted to air the film on cable television through video-on-demand services within 30 days of the Democratic primary elections and planned to run promotional advertisements.

However, federal campaign finance law under the Bipartisan Campaign Reform Act (also known as McCain-Feingold) prohibited corporations from using general treasury funds for “electioneering communications” within specific timeframes before elections.

Fearing civil and criminal penalties, Citizens United sought a court declaration that their film and promotional materials were exempt from these restrictions.

The organization argued that because the documentary didn’t explicitly tell viewers how to vote, it shouldn’t be classified as campaign advocacy subject to corporate spending limits. A federal district court disagreed, ruling unanimously that the film could only be interpreted as telling viewers that Clinton was “unfit for office” and encouraging them to vote against her.

The Supreme Court’s Landmark Ruling

Citizens United appealed, and the Supreme Court ultimately agreed to hear the case, raising questions not just about this particular film, but about the broader constitutionality of limiting corporate and union election expenditures.

In their decision, the justices went far beyond the narrow question in the original case. In a 5-4 decision authored by Justice Anthony Kennedy, and joined by Chief Justice Roberts and Justices Thomas, Scalia, and Alito, the Court ruled that restrictions on independent political expenditures by corporations and unions violated the First Amendment’s free speech protections.

The majority opinion overturned two significant precedents: Austin v. Michigan Chamber of Commerce (1990) and portions of McConnell v. Federal Election Commission (2003). Justice Kennedy wrote that political speech is “indispensable to decision making in a democracy, and this is no less true because the speech comes from a corporation.”

Justice John Paul Stevens, writing in dissent, warned that the decision represented “a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self-government.”

The ruling did not lift limits on direct contributions to candidates; those caps remain in place. But it cleared the way for unlimited spending on independent political advocacy, so long as it is not coordinated with a candidate’s campaign.

The majority decision made two key assumptions: that independent political spending wouldn’t lead to corruption because it would be transparent, and that it would remain truly separate from candidate campaigns. Both assumptions have proven incorrect in practice.

Transforming the Political Landscape

The decision’s impact has been dramatic and far-reaching. Outside spending in federal elections skyrocketed from $730 million at the time of the ruling to $4.5 billion in 2024. The ruling enabled the creation of “super PACs”—political action committees that can raise and spend unlimited amounts as long as they maintain nominal (sometimes fictional) independence from campaigns.

Each election cycle since 2010 has seen a new record in campaign spending, much of it “outside money”—funds raised and spent by organizations not directly affiliated with candidates or parties. The influence of wealthy donors has only grown, with some estimates suggesting that the vast majority of outside election funding comes from a small handful of deep-pocketed interests.

Perhaps more concerning to democracy advocates is the rise of “dark money” — political spending where the funding source remains secret. Dark money expenditures increased from less than $5 million in 2006 to over $1 billion in the 2024 presidential election alone.

The 2024 election exemplified Citizens United‘s influence. Billionaire-backed super PACs helped close substantial fundraising gaps, with groups like those funded by Elon Musk taking on core campaign functions including voter outreach operations, while supposedly remaining independent. This concentration of political influence among ultra-wealthy donors represents a fusion of private wealth and political power unseen since the late 19th century.

Current Political Implications

Today, Citizens United remains deeply unpopular with the American public. A Washington Post – ABC News poll found that 80% of Americans opposed the Citizens United ruling, Including 85% of Democrats, 76% of Republicans, and 81% of independents.

The ruling has created what some campaign finance experts call a “corruption bomb” effect, where wealthy individuals can effectively buy political influence through seemingly independent expenditures. Recent legislative efforts, including the proposed Abolish Super PACs Act introduced in Congress, aim to restore some limits on political spending, though prospects for passage remain unlikely.

The Citizens United decision continues to shape American politics in 2025. Campaigns increasingly rely on outside groups to fund negative advertising, which can deepen political polarization. With no upper limit on independent expenditures, candidates may feel beholden to the interests of big-money backers who can tip the scales in tight races.

Supporters of the ruling argue that it promotes free speech, enabling more voices to be heard in the political arena. They contend that limiting corporate or union spending would amount to government censorship. Opponents counter that equating money with speech effectively drowns out the voices of ordinary voters who cannot match the spending power of corporations or billionaires.

Some reform advocates are pursuing constitutional amendments to overturn Citizens United, though such efforts face steep political and procedural hurdles. Others push for enhanced disclosure laws to ensure voters know who is funding political messages.

As the 2026 midterm elections approach, Citizens United‘s legacy continues to define the relationship between money and political power. It raises fundamental questions about whether democratic governance can function effectively when political speech is increasingly dominated by the ultra-wealthy. Should the First Amendment protect unlimited political spending by corporations and unions, or does such spending distort democracy by giving disproportionate influence to the wealthiest? The Court’s ruling in Citizens United has transformed the way American elections are fought and the consequences of that decision are still unfolding.

The U.S. Public Health Service: Guardians of America’s Health

The United States Public Health Service (USPHS) has quietly served as the backbone of the nation’s public health infrastructure for over two centuries. From its beginnings as a maritime medical service to its current role as a comprehensive public health organization, the USPHS has evolved to meet the changing medical challenges facing Americans and to protect and promote the health of the nation.

Origins and Early History

The U.S. Public Health Service traces back to 1798, when President John Adams signed “An Act for the Relief of Sick and Disabled Seamen.” This legislation established the Marine Hospital Service and created a network of hospitals to care for the merchant sailors who served America’s growing maritime commerce. The act represented one of the first examples of federally mandated health insurance, as ship owners were required to pay 20 cents per month per sailor to fund medical care.

The Marine Hospital Service initially operated a series of hospitals in major port cities including Boston, New York, Philadelphia, and Charleston. These facilities served not only sick and injured sailors but also played a crucial role in preventing the spread of infectious diseases that could arrive on ships from foreign ports. This dual function of treatment and prevention would become a defining characteristic of the USPHS mission.

The transformation from the Marine Hospital Service to the modern Public Health Service began in the late 19th century. In 1889, the organization was restructured and placed under the supervision of Dr. John Maynard Woodworth as Supervising Surgeon—later Surgeon General—marking the beginning of its evolution into a more comprehensive public health agency. The name was officially changed to the Public Health and Marine Hospital Service in 1902, and finally to the U.S. Public Health Service in 1912, reflecting its expanded mandate beyond maritime health.

Evolution and Expansion

The early 20th century brought significant expansion to the USPHS mission. The 1906 Pure Food and Drug Act gave the service regulatory responsibilities, leading to the creation of what would eventually become the Food and Drug Administration. During World War I, the USPHS took on additional responsibilities for military health and epidemic control, establishing its role as a rapid response organization for national health emergencies.

The Great Depression and World War II further expanded the service’s scope. The Social Security Act of 1935 created new public health programs administered by the USPHS, while wartime demands led to increased focus on occupational health, environmental health hazards, and the health needs of defense workers. The post-war period saw the establishment of the National Institutes of Health—originally called the Laboratory of Hygiene—as part of the USPHS, cementing its role in medical research.

Major Functions and Modern Roles

Today’s U.S. Public Health Service operates as part of the Department of Health and Human Services and supports major agencies and functions. The service’s mission centers on protecting, promoting, and advancing the health and safety of the American people through several key areas.

Disease Prevention and Health Promotion are the core of USPHS activities. It works with the Centers for Disease Control and Prevention (CDC), to lead national efforts in the prevention and control of infectious and chronic diseases. From tracking disease outbreaks to promoting vaccination programs, the USPHS a part of America’s first line of defense against health threats.

Regulatory and Safety Functions represent other crucial areas. The USPHS coordinates with the Food and Drug Administration (FDA) to ensure the safety and efficacy of medications, medical devices, and food products. It works with the Agency for Toxic Substances and Disease Registry monitoring environmental health hazards. Other USPHS components are involved in regulating everything from clinical laboratories to health insurance portability.

Emergency Response and Preparedness has become increasingly important in recent decades. The USPHS maintains rapid response capabilities for natural disasters, disease outbreaks, and public health emergencies. This includes the deployment of Commissioned Corps officers to disaster zones and the maintenance of strategic national stockpiles of medical supplies.

Health Services for Underserved Populations continues the service’s historic mission of providing care where it’s most needed. The Health Resources and Services Administration oversees community health centers, rural health programs, and initiatives to address health disparities among vulnerable populations.  The Indian Health Service is an important part of the USPHS, providing healthcare to often isolated communities.

The Commissioned Corps

One of the most distinctive features of the USPHS is its Commissioned Corps, a uniformed service of over 6,000 public health professionals. Established in 1889, the Corps operates as one of the eight uniformed services of the United States, alongside the armed forces, NOAA Corps, and Coast Guard. Officers hold military-style ranks and wear uniforms, but their mission focuses entirely on public health rather than defense.

The Commissioned Corps provides a ready reserve of highly trained health professionals who can be rapidly deployed to address public health emergencies. From hurricane and disaster relief to pandemic assessment and treatment, Corps officers have served on the front lines of America’s health challenges, providing everything from direct patient care to epidemiological investigation and public health program management.

Contemporary Challenges and Future Directions

The U.S. Public Health Service continues to evolve in response to emerging health challenges. Climate change, antimicrobial resistance, mental health crises, and health equity concerns represent current priorities. The COVID-19 pandemic demonstrated both the critical importance of robust public health infrastructure and the challenges of maintaining public trust in health authorities.

As America faces an increasingly complex health landscape, the USPHS mission of protecting and promoting the nation’s health remains as relevant as ever. From its origins serving sailors in port cities to its current role addressing global health threats, the U.S. Public Health Service continues its quiet but essential work of safeguarding American health, adapting its methods while maintaining its core commitment to serving the public good.

The service’s history shows that effective public health requires not just scientific expertise, but also the institutional ability to respond rapidly to emerging threats, the authority to implement necessary interventions, and the public trust to lead national health initiatives. As new challenges appear, the USPHS continues to build on its more than two-century legacy of service to the American people.

One Big Disgusting Bill

An Existential threat to American Democracy

Now that the Senate has shamefully capitulated to Trump and passed the One Big Disgusting Bill, we’re starting to see another flurry of articles appropriately denouncing it.  Unfortunately these articles continue to focus on taxes, Medicaid and SNAP.  They largely ignore the most insidious aspect of this bill—its assault on judicial review.

I’ve discussed this bill in a recent post and won’t go in to detail here. This bill represents a flagrant attempt to bypass judicial review and undermine the separation of powers. Given that Congress has willingly abrogated all responsibilities and allowed Trump to rule single handedly, the courts remain our only recourse. But since the bought and paid for Supreme Court also seems to be giving away their authority, I’m not sure whether we have any hope left.

The only course is to remove all Republicans from office and impeach Trump.  It also may be necessary to impeach members of the Supreme Court, particularly those who blatantly accept bribes.

Congress has essentially given Donald Trump a fast pass to dictatorship.  I think this represents the American version of the Enabling Act of 1933 where the German Parliament gave Hitler absolute authority to rule without question.

As we approach the 250th anniversary of the Declaration of Independence, I fear for our Republic.

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.”
James Madison, Federalist No. 47 , 1788

The Origin of Juneteenth: America’s Second Independence Day

The Juneteenth flag is red, white, and blue to reflect the American flag and includes a bursting star to symbolize freedom.

On June 19, 1865, an event that would forever change American history unfolded in Galveston, Texas. Union Major General Gordon Granger stood before a crowd and read General Order No. 3, announcing that “all slaves are free.” This proclamation marked the beginning of what we now celebrate as Juneteenth, America’s newest federal holiday and a day that celebrates the fulfillment of emancipation for all enslaved people in the United States.

Delayed Freedom

The story of Juneteenth begins with a troubling gap between law and reality. President Abraham Lincoln had issued the Emancipation Proclamation on January 1, 1863, declaring freedom for enslaved people in states “…in rebellion against the United States”. However, enforcement depended on the advance of Union troops and In the Confederate state of Texas—remote and beyond Union control—the proclamation went unenforced for more than two years.  Many slaveholders deliberately withheld information about emancipation, and the absence of Union forces meant that freedom remained out of reach for thousands.

Even after the Civil War effectively ended in April 1865 with Lee’s surrender at Appomattox, news of emancipation remained deliberately suppressed in Texas. Some enslavers continued to hold people in bondage through the spring planting season.  It wasn’t until federal troops arrived in Galveston in sufficient force to ensure compliance that the promise of emancipation became reality for the last enslaved Americans.

Birth of a Celebration

The newly freed Texans didn’t wait for official recognition to begin celebrating their liberation. They called it Juneteenth, a combination of June and nineteenth and celebrations erupted spontaneously across Texas as communities gathered to commemorate their freedom with prayer, music, food, and fellowship. These early celebrations were deeply rooted in African American culture, featuring traditional foods and drinks, spirituals and folk songs, and the retelling of the freedom story to younger generations.

As African Americans moved from Texas to other parts of the country during the Great Migration, they carried Juneteenth traditions with them. Throughout the late 19th and early 20th centuries, Juneteenth celebrations grew, often featuring parades, music, food, and family gatherings. The holiday’s popularity waned during the mid-20th century but experienced a resurgence during the Civil Rights Movement, as activists sought to reconnect with their heritage and the ongoing struggle for equality.

From Regional Tradition to National Recognition

For over a century, Juneteenth was primarily a regional and cultural celebration rather than an official holiday. Texas became the first state to make Juneteenth a state holiday in 1980, other states followed gradually. The movement gained momentum in the 21st century as Americans increasingly recognized the need to acknowledge the full history of emancipation.

The nationwide racial justice protests of 2020 brought renewed attention to Juneteenth’s significance. On June 17, 2021, President Joe Biden signed legislation making Juneteenth a federal holiday, acknowledging it as both a celebration of freedom and a reminder of America’s ongoing journey toward equality.

A Day of Reflection and Celebration

Today, Juneteenth serves multiple purposes in American life. It’s a day of celebration, honoring the resilience and culture of African Americans. It’s also a day of education, reminding all Americans about the complexities of emancipation and the ongoing struggle for civil rights. Most importantly, it stands for hope—proof that progress, however delayed, is possible when people demand justice and equality. It honors the struggles and achievements of African Americans, reminding us of the enduring importance of freedom, perseverance, and hope in the face of adversity. As communities gather each year to celebrate Juneteenth, they continue the tradition of remembering the past while striving for a more inclusive and equitable future

Juneteenth stands as a testament to the truth that freedom delayed need not be freedom denied.

Juneteenth is not an official state holiday in West Virginia. In prior years, former governor Jim Justice issued a proclamation declaring Juneteenth a paid holiday for state employees. The current governor has made no such proclamation. Those who are planning the Juneteenth celebration in West Virginia have scheduled a Juneteenth parade for June 20th, West Virginia Day, which is an official state holiday.

Anti-Vax or Disease Supporter

Between June 9 and 11, 2025, HHS Secretary Robert F. Kennedy Jr. dismissed all 17 members of the CDC’s Advisory Committee on Immunization Practices—a body that has guided U.S. vaccine policy for about 60 years. He followed this by appointing eight new members, the minimum under the charter, including several known vaccine deniers.

In light of this, I have decided to repost an article I wrote over a year ago.  (With new artwork.)

“There are two ways to be fooled. One is to believe what is not true; the other is to refuse to believe what is true.”

– Søren Kierkegaard

Saturday morning, I was reading in the newspaper about the resurgence of measles in West Virginia. I find it appalling that this disease should be returning, given that we have safe and effective vaccinations.  What is next, polio, smallpox, or even plague?  It is only through the unexpected veto by our [former] governor that the ill-advised bill passed by our legislature to make all vaccinations optional with a little more than a request by the parents, did not become law. [The current governor has issued an executive rendering vaccinations virtually optional for school children.]

Some people may wonder why vaccinations are important. There are two principal reasons to ensure that a large portion of the population is vaccinated against communicable diseases. The first is that it reduces the individual vulnerability to disease. The person who is vaccinated is protected. But there is also a second, sometimes not well-understood, reason.  That is herd immunity.

Communicable diseases require a large susceptible population to spread. When a significant portion of the population has been vaccinated the disease does not have the core of potential victims to allow spreading. This means that the vaccinated are protecting the non-vaccinated. However, it does require a large portion of the population to be vaccinated. The idea is that herd immunity will protect those who are unable to be vaccinated either due to age, allergies, or other medical conditions that would prohibit vaccination. It is never going to protect a large proportion of the population who just choose not to be vaccinated.  For example, about 90-95% of the population needs to be vaccinated against measles to provide herd immunity.

So why do people who otherwise can be vaccinated choose not to be?

There are, of course, those who have true religious objections to vaccination.  There are others who object to vaccination on the basis of personal autonomy. They believe their right to refuse vaccination outweighs any consideration of the health concerns of the frail members of our community.

There are many who mistrust the medical system. There were some cases in the past where unethical studies were conducted on unsuspecting populations. Given the rigorous oversight of medical research now, this no longer happens. Information about research into vaccinations and their safety and efficacy can be found on websites for the Centers for Disease Control and Prevention and the World Health Organization among others. (Website references are provided at the end of this post.)

What concerns me most are those who refuse to believe reputable medical authorities, government agencies, and mainline news services. They prefer to get their information from anonymous websites or from conspiracy theory websites that still give credence to the now-discredited 1999 study linking the MMR vaccine to autism. They completely ignore the fact that 10 of the 11 reported co-authors disavowed any part in the conclusions of the study. They also ignore the fact that the principal author was found guilty of fraud for personal gain as he was employed by the manufacturer of rival drugs. They also ignore the fact that he lost his medical license over his falsifications in this study. Yet, he is still cited in anti-vaccine literature as an expert source.

Equally disturbing is the fact that vaccine resistance has become a part of political identification. Certain reactionary political groups have, for some unfathomable reason, decided that refusing vaccination is a badge of their political allegiance.  They seem to care more about maintaining their political purity than they care about science, public health, or even the welfare of their family and friends.  Politicizing public health is dangerous for all of us.  I’m not sure how we overcome this. It is easy to find the truth and verify it through fact-based studies, yet people refuse to do it. [See my post Choosing Not To Know.]

I encourage everyone to work hard to ensure that our political leaders do not remove vaccination mandates for school children. For those of us of my age, we already have immunity through vaccination or prior exposure to the disease.  It is our grandchildren and their children and their children’s children who will suffer through the return of these deadly diseases.

Rather than “vaccine deniers,” they should be referred to as “disease supporters.”

SOURCES:

  World Health Organization: https://www.who.int/health-topics/vaccines-and-immunization#tab=tab_1

  CDC:  https://www.cdc.gov/vaccines/index.html   https://www.cdc.gov/vaccines/hcp/vis/index.html

   WV DHHR: https://oeps.wv.gov/immunizations/Pages/default.aspx

   Immunise.org:  https://www.vaccineinformation.org/

Silencing the Gavel: How the ‘One Big Beautiful Bill’ Will Undermine Judicial Review

In late May 2025, the U.S. House of Representatives narrowly passed a massive legislative package called the “One Big Beautiful Bill Act.” Touted by President Donald Trump and Republican leaders as a sweeping reform of tax policy, federal spending, and government regulation, the bill is now at the center of heated debate—not just over its fiscal and policy impacts, but also over its implications for the balance of power among the branches of government.

What the Bill Does—and Doesn’t Do

The “Big Beautiful Bill” is a reconciliation bill, meaning it can bypass the Senate’s usual 60-vote threshold and be passed with a simple majority. This process is designed to fast-track budgetary and tax legislation, but it also means the bill can only address certain policy areas directly related to the federal budget. At its core, the bill delivers major tax cuts, extends the Trump-era tax reductions, and makes permanent changes, principally reductions, to mandatory spending programs. It also includes provisions on agriculture, immigration, Medicaid, and technology, among other areas. The bill is viewed by critics as favoring the wealthy to the detriment of the poor.

Despite claims on social media, the bill does not give the president the power to delay or cancel elections. Multiple fact-checkers and legal experts have confirmed that such authority would violate the Constitution, which assigns election timing to Congress and state legislatures. The bill’s focus is on fiscal and regulatory reforms, not election administration.

While the bill ostensibly comes from Congress, it actually weakens Congress’s own institutional role in the separation of powers by removing one of the key mechanisms used by the judicial branch to enforce constitutional limits on executive power. If passed, this will be an unmitigated disaster for the Constitution and the country.

Democratic Representative Jamie Raskin called it an unprecedented power grab: “Instead of providing support for the judicial branch, this Judiciary Committee bill seeks to strip the courts of their power to hold the administration in contempt when the President violates court orders”.

The Hidden Provision: Section 70302

Buried within the bill’s 1,000-plus pages is a provision—Section 70302—that has drawn sharp criticism from legal scholars, civil rights groups, and even some lawmakers. The bill is not available for public examination, but it has been reported by the international news service Reuters that this section states that no federal court may use appropriated funds to enforce a contempt citation for failure to comply with an injunction or temporary restraining order unless the plaintiff posted a security bond when the order was issued.

Surety bonds are intended to protect the defendant in civil suits from incurring financial loss associated with legal expenses occurring from defending against frivolous or wrongful lawsuits.  If the ruling is in favor of the defendant, the plaintiff must surrender the bond to cover the expenses of the defendant.  For example, if I sue you for slander, I may have to post a cash bond and if the judge rules against me, the bond will be forfeited to cover your legal fees. If I win, the bond will be returned to me.  

Historically, courts have often waived the bond requirement, especially when plaintiffs challenge government actions as unconstitutional. The rationale is that requiring a bond would make it prohibitively expensive for individuals or groups to seek judicial relief against unlawful government conduct. Section 70302 would change this, making it much harder for courts to enforce their rulings against the executive branch or other government actors unless the plaintiff can afford to post a bond.  If this passes, it is conceivable that the administration may attempt to impose bonds of $1 million or more—effectively eliminating the ability of citizens to challenge government actions.

Why is It Important?

The federal judiciary is one of the three pillars of our constitutional government, and it plays a vital role in the balance of powers. It serves as an independent check on the executive and legislative branches, interpreting laws, resolving disputes, and safeguarding constitutional rights. Since Marbury v. Madison (1803), the judiciary has claimed the authority to strike down laws or executive actions that violate the Constitution. This power of judicial review is foundational to the principle of checks and balances. The proposed legislation seeks to shift that balance.  Among its most concerning provisions are efforts to limit judicial oversight of executive actions.

How This Shifts Power to the Executive

The practical effect of Section 70302 is to limit the judiciary’s ability to hold the executive branch accountable for violating court orders. If a judge issues an injunction to stop an unconstitutional or illegal government action, but no bond was posted when the injunction was granted, the court would be barred from using its contempt power to enforce compliance.

This provision applies retroactively, meaning it would render thousands of existing court orders unenforceable overnight. Critics argue that this creates a “catch me if you can” system, where the government can violate constitutional rights faster than courts can stop them. Legal experts warn that this undermines the rule of law and the separation of powers, which depend on the ability of courts to check executive overreach.

While the bill does not explicitly allow the executive branch to completely bypass legal challenges, it makes it much harder for courts to compel the executive to comply with their rulings. This functionally increases the executive’s authority to resist or delay judicial oversight.

Current Status of the Bill

As of early June 2025, the “One Big Beautiful Bill” has passed the House by a razor-thin margin (215-214) and is now before the Senate where Majority Leader John Thune has expressed hope that the bill could reach President Trump’s desk by the July 4 holiday, but the path forward is far from certain.

The Senate is expected to make significant modifications to the House version, and some provisions—including Section 70302—could be stripped out or revised. The reconciliation process limits what can be included in the final bill, and the Senate Parliamentarian may rule that certain provisions are not eligible for inclusion.

Why This Matters

The “One Big Beautiful Bill” is not just about taxes and spending. It represents a bold attempt to reshape the relationship between the executive and judicial branches. By limiting courts’ ability to enforce their rulings, the bill tilts the balance of power toward the executive, making it easier for the president and his administration to ignore or delay compliance with court orders.

Critics argue that this threatens the rule of law and the constitutional system of checks and balances. Supporters, however, see it as a way to prevent frivolous lawsuits and give the executive more flexibility to implement its agenda and to move closer to the unitary executive theory.

Looking Ahead

As the Senate debates the bill, watch for the fate of Section 70302. The outcome will have lasting implications for the balance of power in Washington and for the ability of courts to hold the government accountable.

For now, the “One Big Beautiful Bill” remains a work in progress. Its final form—and its impact on American governance—will depend on the compromises and changes made in the Senate over the coming weeks.

From Breaker Boys to Burger Flippers: The Resurgence of Child Labor in America

What West Virginia’s new child labor law tells us about a growing trend and a forgotten history.

📜 Introduction
In April 2025, West Virginia passed a law eliminating work permit requirements for 14- and 15-year-olds and opening hazardous occupations to older teens. It’s a policy shift that echoes a much darker chapter of American history—one most of us thought was long behind us.

As I read the news, I couldn’t help but recall Lewis Hine’s haunting photos of the “Breaker Boys”—children as young as eight sorting coal in dangerous conditions. Their faces were the face of American industry at its most exploitative. Their plight helped spark the labor reforms we now take for granted.

But are those reforms at risk of unraveling?


🕰 A Brief History of Child Labor in America
At the turn of the 20th century, over two million American children worked long hours in factories, coal mines, and fields. Some were as young as five. The wages were low, the conditions dangerous, and the toll—educational, emotional, and physical—immeasurable.

Most of these children came from poor or immigrant families. Factory and mine owners favored child labor because it was cheap, compliant, and expendable.


⚖️ Early Reforms and Legal Battles
The reform movement gained traction in the early 1900s thanks to activists, labor unions, and journalists. The National Child Labor Committee, founded in 1904, worked with photographers like Lewis Hine to expose the brutality of child labor to the American public.

Attempts to legislate federally met fierce resistance. The Keating-Owen Act (1916) was struck down by the Supreme Court in Hammer v. Dagenhart (1918), and a second effort was defeated in 1923. It wasn’t until the Fair Labor Standards Act (FLSA) of 1938 that the federal government established real guardrails:

  • Prohibited employment under 16 in manufacturing/mining
  • Banned hazardous work under 18
  • Limited working hours for minors
  • Authorized federal inspections

The FLSA marked the beginning of consistent national protections for working children.


🎓 Child Labor and Education: A Damaging Tradeoff
There’s a well-documented tradeoff between child labor and education:

  • Working children attend school less, perform worse, and are more likely to drop out.
  • Child labor perpetuates intergenerational poverty.
  • Education access is key to breaking this cycle—but only if children aren’t too exhausted or endangered to learn.

Even today, agricultural labor laws allow children as young as 12 to work long hours, especially among migrant families. These children have some of the country’s highest school dropout rates.


📉 Modern Rollbacks: A Disturbing Trend
Since 2021, over a dozen U.S. states have proposed or passed laws rolling back child labor protections, often citing labor shortages or “career readiness”:

  • Arkansas (2023): Removed permit and parental consent requirements for 14- and 15-year-olds.
  • Iowa: Now allows minors in meatpacking and industrial work, with waivers.
  • Kentucky: Loosened hour limits during the school year.
  • Other states: Missouri, New Jersey, New Hampshire, and others are following suit.

Critics warn that these laws open the door to exploitation, especially in lower-income communities.


🧠 Why It Matters
The repeal of child labor protections isn’t just a policy dispute—it’s a moral referendum. If child labor laws are weakened, the most vulnerable children will bear the cost, just as they did a century ago.

The lesson from history is simple: when economic hardship or political expediency trumps child welfare, it’s children who are put at risk.


📣 Final Thoughts
Public memory is short. But the bodies of exhausted child laborers buried in unknown graves and the broken educational paths of working teens are silent witnesses to the past—and a warning for the future.

If we claim to value children’s futures, our policies must reflect that—not just in schools, but in the workplace.


🔗 Sources and Suggested Further Reading

  • U.S. Department of Labor: Child Labor Provisions
  • National Child Labor Committee Archives
  • Keating-Owen Act Summary – OurDocuments.gov

“America at 250: A Revolution Remembered… or Forgotten?”

I’m old enough to remember the 200th anniversary of the American Revolution. Bicentennial symbols were everywhere. Liberty Bells, eagles, and the ubiquitous Bicentennial logo of the red, white and blue stylized five-point star. They could be found on hats, T-shirts, socks, soft drink cups, beer cans, and even a special “Spirit of ‘76” edition of the Ford Mustang II. Commemorative events and celebrations were being planned everywhere and people had “bicentennial fever”.

But the 250th anniversary is not attracting that same kind of attention or interest. I wonder why that is. Perhaps it’s that the name for a 250th anniversary, Semiquincentennial, doesn’t seem to roll off the tongue the way Bicentennial does. But I suspect it’s far more than just a tongue twisting name.

The Bicentennial came after a decade of national trauma.  The Vietnam War, Watergate, and the civil rights struggles had all roiled the country.  By 1976, most Americans wanted to feel good about the country again. It became a giant, colorful celebration of “American resilience.”

While the 250th anniversary of the American Revolution is being marked by numerous events, commemorations, and official proclamations, most are local, and it has not yet captured widespread public attention or generated the scale of national excitement seen during previous milestone anniversaries.

The anniversary arrives at a time of deep political polarization, which has complicated celebration plans.  There is an ongoing debate within the group tasked with planning the celebration, the U.S. Semiquincentennial Commission, about how to present American history. Some members advocate for a traditional, celebratory approach focusing on the Founding Fathers and patriotic themes. Others push for a more inclusive narrative that acknowledges the complexities of American history, including the experiences of women, enslaved people, Indigenous communities, and other marginalized groups

Beyond the commission itself, some historians note that the “history wars”—ongoing disputes throughout society over how U.S. history should be taught and remembered—have made it harder to generate broad, enthusiastic buy-in for the anniversary among the general public. 

Commemorations in places like Lexington and Concord have seen anti-Trump protesters carrying signs such as “Resist Like It’s 1775” and “No Kings,” explicitly drawing parallels between opposition to King George III and contemporary resistance to what they perceive as autocratic tendencies in current leadership. At the reenactment of Patrick Henry’s “Give Me Liberty or Give Me Death” speech, Virginia Governor Glenn Youngkin was met with boos and protest chants, highlighting how the Revolution’s legacy is being invoked in current political struggles.

While some organizers and historians hope the anniversary can serve as a unifying moment—emphasizing that “patriotism should not be a partisan issue”—the reality is that commemorations have often become forums for expressing contemporary political grievances and anxieties. The presence of both celebratory and dissenting voices at these events reflects the enduring debate over what it means to be American and who gets to define that identity.  The complexity and messiness of American history, combined with current societal tensions, may dampen the celebratory mood and make it harder for people to connect emotionally with the anniversary.

Even the 250th logo has become a source of dispute, although it is one of the few areas of disagreement that is nonpartisan and tends to be about stylistic and artistic merits of the logo. Proponents of the new logo appreciate its modern and inclusive design emphasizing that the flowing ribbon represents “unity, cooperation, and harmony,” and reflects the nation’s aspirations as it commemorates this milestone.  Detractors are concerned about the legibility of the “250” and the lack of traditional American symbols, such as stars, which could have reinforced its patriotic theme.

Surveys by history related organizations suggest that most Americans are not yet thinking about the 250th anniversary.  The run-up to 2026 may see increased attention, but as of now, the anniversary has not broken through as a major topic of national conversation.  If the anniversary continues to be viewed as a contentious partisan undertaking, it may never gain widespread popularity, and the general public may choose to stay away.

A friend who is a member of the West Virginia 250th committee told me that they had an initial meeting at which nothing was accomplished, and they have had no meeting since. It seems to me, this is up to us, the citizens, to ensure that the 250th anniversary of the American Revolution is appropriately remembered. We don’t have to live in an area where a Revolutionary War event occurred for us to recognize its events. Here in West Virginia, in October of 2024 we commemorated the 250th anniversary of the battle of Point Pleasant which many consider a precursor to the American Revolution.  This event was not organized by any state or national group. It was the result of efforts on the part of the City of Point Pleasant and the West Virginia Sons of the American Revolution.

We do not need to depend on the government; we the people can hold local commemorations of revolutionary events that occurred in other areas. We can hold commemorations of the Battle of Bunker Hill, the signing of the Declaration of Independence, the Battle of Saratoga and many other events. It will take the initiative of local people to organize these events.

It will be our great shame if we allow this the commemoration of an event so significant in both American and world history to be turned into something that divides us rather unites us and strengthens our common bond.

Thought For Today

Robert C. Byrd and Donald Trump

A Clash of Constitutional Visions

Senator Robert C. Byrd was a West Virginia icon and it’s always risky to speculate on what a historic figure may have thought. However, many of Senator Byrd’s beliefs are well documented and I believe I can make reasonable assumptions about what he may have thought about our current political situation.  Having served in the U.S. Senate over 51 years, from 1959 until his death in 2010— he would likely have viewed Donald Trump with deep concern, particularly in light of Byrd’s reverence for constitutional process, institutional norms, and congressional authority.  He was known for his deep knowledge of Senate rules, fierce defense of the institution, and commitment to constitutional processes.

Here is my reasoned assessment of what Robert Byrd might have thought of Donald Trump, based on his record, writings, and public statements.

Byrd was a passionate constitutionalist and institutionalist. He always carried a pocket Constitution, lectured on its principles, and wrote extensively about the importance of maintaining the Senate’s independence as a check on executive power. He frequently warned against presidential overreach, even when it came from presidents in his own party.

I believe Byrd would probably have seen Trump’s frequent challenges to the separation of powers—such as ignoring congressional subpoenas, attempting to overturn the 2020 election, and asserting sweeping executive privilege—as a threat to the constitutional order.

Byrd idealized Senate decorum and was known for his formal oratory. He disliked crassness, impulsiveness, and public vulgarity. He once rebuked his colleagues for casual dress on the Senate floor.

Trump’s coarse rhetoric, personal insults, and use of Twitter to attack opponents would likely have appalled Byrd. He believed public office carried with it a solemn responsibility to elevate public discourse.  In 1999, Byrd criticized President Clinton not just for the Monica Lewinsky scandal, but for diminishing the dignity of the office.

Though Byrd was a master of local politics and brought billions in federal dollars to West Virginia, he also warned against demagoguery. He valued political rhetoric grounded in principle, not spectacle.  While Byrd might have appreciated Trump’s appeal to working-class Americans, he would likely have distrusted his populism as it comes at the expense of facts, reason, or institutional integrity.

Byrd’s own history on race is complicated. A former member of the KKK in the 1940s, he spent the latter decades of his career renouncing that association and supporting civil rights legislation. He called his early beliefs a great shame. Byrd’s political journey included dramatic personal change: from early segregationist and KKK member to a vocal supporter of civil rights and of the first Black presidential nominee, Barack Obama.  Byrd likely would have been disturbed by Trump’s equivocations after Charlottesville and by rhetoric seen as racially divisive. Byrd worked hard to overcome his past and likely would have seen such behavior as regression rather than progress.

Byrd was one of the Senate’s strongest voices against the Iraq War, citing constitutional concerns over unchecked executive power in foreign affairs. He believed Congress must assert itself in matters of war and peace.  Trump’s erratic foreign policy decisions—such as wavering defense commitments, transactional diplomacy, and overtures to authoritarian leaders—would likely have seemed reckless and unilateral to Byrd.

Senator Robert Byrd, though an institutional conservative in many ways, would likely have seen Donald Trump as a figure undermining the very traditions, checks, and civic virtues Byrd spent his career defending. His critique wouldn’t have been partisan—it would have been constitutional.

“The Constitution is not a pliable instrument to be molded and twisted at the whim of the President. It is our compass. It is our anchor.” — Robert C. Byrd

Page 5 of 15

Powered by WordPress & Theme by Anders Norén