Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 8 is the 39th day of the year in the Gregorian calendar. There are 326 days remaining until the end of the year (327 in leap years).

On this day in 1828, Jules Gabriel Verne is born in Nantes, Brittany in France. He was a French author who pioneered the science-fiction genre. He is best known for novels such as Twenty Thousand Leagues Under the Sea (1870), A Journey to the Center of the Earth (1864), and Around the World in Eighty Days (1873). Verne wrote about space, air, and underwater travel before air travel and practical submarines were invented, and before practical means of space travel had been devised. He is the third most translated individual author in the world, according to Index Translationum. Some of his books have been made into films. Verne, along with Hugo Gernsback and H. G. Wells, is often popularly referred to as the “Father of Science Fiction”.

Literary debut

After completing his studies at the lycée, Verne went to Paris to study for the bar. About 1848, in conjunction with Michel Carré, he began writing libretti for operettas. For some years his attentions were divided between the theatre and work, but some travellers’ stories which he wrote for the Musée des Familles revealed to him his true talent: the telling of delightfully extravagant voyages and adventures to which cleverly prepared scientific and geographical details lent an air of verisimilitude.

When Verne’s father discovered that his son was writing rather than studying law, he promptly withdrew his financial support. Verne was forced to support himself as a stockbroker, which he hated despite being somewhat successful at it. During this period, he met Victor Hugo and Alexandre Dumas, pére, who offered him writing advice.

Verne also met Honorine de Viane Morel, a widow with two daughters. They were married on January 10 1857. With her encouragement, he continued to write and actively looked for a publisher.

Verne’s situation improved when he met Pierre-Jules Hetzel, one of the most important French publishers of the 19th century, who also published Victor Hugo, Georges Sand, and Erckmann-Chatrian, among others. They formed an excellent writer-publisher team until Hetzel’s death. Hetzel helped improve Verne’s writings, which until then had been repeatedly rejected by other publishers. Hetzel read a draft of Verne’s story about the balloon exploration of Africa, which had been rejected by other publishers for being “too scientific”. With Hetzel’s help, Verne rewrote the story, which was published in 1863 in book form as Cinq semaines en balloon (Five_Weeks_in_a_Balloon Five Weeks in a Baloon). Acting on Hetzel’s advice, Verne added comical accents to his novels, changed sad endings into happy ones, and toned down various political messages.

From that point, Hetzel published two or more volumes a year. The most successful of these include: Voyage au centre de la terre (Journey to the Center of the Earth, 1864); De la terre à la lune (From the Earth to the Moon, 1865); Vingt mille lieues sous les mers (Twenty Thousand Leagues Under the Sea, 1869); and Le tour du monde en quatre-vingts jours (Around the World in Eighty Days), which first appeared in Le Temps in 1872. The series is collectively known as “Voyages Extraordinaires” (“extraordinary voyages”). Verne could now live on his writings. But most of his wealth came from the stage adaptations of Le tour du monde en quatre-vingts jours (1874) and Michel Strogoff (1876), which he wrote with Adolphe d’Ennery. In 1867 Verne bought a small ship, the Saint-Michel, which he successively replaced with the Saint-Michel II and the Saint-Michel III as his financial situation improved. On board the Saint-Michel III, he sailed around Europe. In 1870, he was appointed as “Chevalier” (Knight) of the Légion d’honneur. After his first novel, most of his stories were first serialised in the Magazine d’Éducation et de Récréation, a Hetzel biweekly publication, before being published in the form of books.

In his last years, Jules Verne wrote a novel called Paris in the 20th Century about a young man who lives in a world of glass skyscrapers, high-speed trains, gas-powered automobiles, calculators, and a worldwide communications network, yet cannot find happiness and comes to a tragic end. Hetzel thought the novel’s pessimism would damage Verne’s then booming career, and suggested he wait 20 years to publish it. Verne put the manuscript in a safe, where it was discovered by his great-grandson in 1989. It was published in 1994.

In 1905, while ill with diabetes, Verne died at his home, 44 Boulevard Longueville (now Boulevard Jules-Verne).

Cross posted from The Stars Hollow Gazette

This morning the US 9th Circuit Court of Appeals has ruled that California’s Prop 8 is unconstitutional striking down the ban on gay marriage under both the Due Process and Equal Protection clauses of the U.S. Constitution’s 14th Amendment. The ruling is limited and specific to California only.

“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,” the court said.

The ruling upheld a decision by retired Chief U.S. District Judge Vaughn R. Walker, who struck down the ballot measure in 2010 after holding an unprecedented trial on the nature of sexual orientation and the history of marriage.

The ruling makes same sex marriage legal again in California but it is expected that the court will not permit marriages to take place while the appeals are in progress. The backers of Prop 8 have stated that they will appeal this ruling but have not said if they would request a the full 9th Court to hear the appeal or take it directly to the US Supreme Court.

Ninth Circuit Prop. 8 decision

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 7 is the 38th day of the year in the Gregorian calendar. There are 327 days remaining until the end of the year (328 in leap years).

On this day in 1795, The 11th Amendment to the United States Constitution is ratified. It dealt with each state’s sovereign immunity from being sued in federal court by someone of another state or country.

The Eleventh Amendment (Amendment XI) to the United States Constitution, which was passed by the Congress on March 4, 1794 and was ratified on February 7, 1795, deals with each state’s sovereign immunity from being sued in federal court by someone of another state or country. This amendment was adopted in order to overrule the U.S. Supreme Court‘s decision in Chisholm v. Georgia, 2 U.S. 419 (1793).]

Amendment Eleven:

   The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

By itself this Amendment is a little impenetrable. It was passed as a clarification of Article 3, Section 2 of the Constitution, specifically Clause One which reads:

Clause 1:

   The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State; between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects

Basically what this boils down to is the concept of Sovereign Immunity. Basically you can not use the Federal Government unless it agrees to let the case be heard. Yes, you read that right. The Government reserves the right to prevent you from suing it, as a citizen, except under very specific circumstances. The exceptions are detailed in the Federal Tort Claims Act and the Tucker Act. These acts allow a citizen to sue the Government if there is a claim resulting from either the actions of a federal employee or if there is a case involving contracts with the Federal Government.

Now, Amendment 11 extends this same sovereign immunity to the States in terms of the Federal Courts. What that means is that you as a citizen can not use the Federal Courts to sue your State Government, without the consent of the State. The Dog believes the reason for this is to prevent citizens from tying up their government with suits that arise from the normal operation of the government. As a practical matter it forces citizens that don’t like the way things are being run to replace their government officials instead of just suing the government.

Now, this does not apply to crimes committed by members of the government or the government itself. There is what is called a Stripping Doctrine that says when a government employee or official commits a crime, they have lost their immunity. So, in the case of torture or War Crimes there can be no reasonable sovereign immunity defense.

h/t Something the Dog Said

Cross posted from The Stars Hollow Gazette

Welcome to the Health and Fitness weekly diary which is cross-posted from The Stars Hollow Gazette. It is open for discussion about health related issues including diet, exercise, health and health care issues, as well as, tips on what you can do when there is a medical emergency. Also an opportunity to share and exchange your favorite healthy recipes.

Questions are encouraged and I will answer to the best of my ability. If I can’t, I will try to steer you in the right direction. Naturally, I cannot give individual medical advice for personal health issues. I can give you information about medical conditions and the current treatments available.

You can now find past Health and Fitness News diaries here and on the right hand side of the Front Page.

Kale is a member of the cruciferous family of vegetables (genus Brassica), so named because their flowers have four petals in the shape of a cross. A nutritional powerhouse that tastes wonderful when properly cooked, kale is one of nature’s best sources of vitamins A, C and K and a very good source of copper, potassium, iron, manganese and phosphorus. The flavonoids and sulfur-containing compounds called glucosinolates are believed to have antioxidant properties, as are two other compounds that kale delivers, zeaxanthin and lutein, both thought to play a role in protecting the eyes.

These greens are hearty, and they maintain about 50 percent of their volume when you cook them, unlike spinach, which cooks down to a fraction of its volume. The various types of kale also maintain a lot of texture, which makes them perfect for stir-fries. Make sure to remove the ropy stems and wash the leaves in at least two changes of water, as organic kale can be very attractive to aphids. Aphids won’t hurt you, but it might take a few rinses to clean them off the leaves.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 6 is the 37th day of the year in the Gregorian calendar. There are 328 days remaining until the end of the year (329 in leap years).

On this day in 1952, Elizabeth II becomes the first Queen regnant of the United Kingdom and several other realms since Queen Victoria, upon the death of her father, George VI. At the exact moment of succession, she was in a treehouse at the Treetops Hotel in Kenya.

Elizabeth II (Elizabeth Alexandra Mary, born 21 April 1926) is the Queen regnant of 16 independent sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize, Antigua and Barbuda, and Saint Kitts and Nevis. In addition, as Head of the Commonwealth, she is the figurehead of the 54-member Commonwealth of Nations and, as the British monarch, she is the Supreme Governor of the Church of England.

Elizabeth was educated privately at home. Her father, George VI, became King-Emperor of the British Empire in 1936. She began to undertake public duties during the Second World War, in which she served in the Auxiliary Territorial Service. After the war and Indian independence George VI’s title of Emperor of India was abandoned, and the evolution of the Empire into the Commonwealth accelerated. In 1947, Elizabeth made the first of many tours around the Commonwealth, and married Prince Philip, Duke of Edinburgh. They have four children: Charles, Anne, Andrew, and Edward.

In 1949, George VI became the first Head of the Commonwealth, a symbol of the free association of the independent countries comprising the Commonwealth of Nations. On his death in 1952, Elizabeth became Head of the Commonwealth, and constitutional monarch of seven independent Commonwealth countries: the United Kingdom, Canada, Australia, New Zealand, South Africa, Pakistan, and Ceylon. Her coronation in 1953 was the first to be televised. During her reign, which at 58 years is one of the longest for a British monarch, she became queen of 25 other countries within the Commonwealth as they gained independence. Between 1956 and 1992, half of her realms, including South Africa, Pakistan, and Ceylon (renamed Sri Lanka), became republics.

In 1992, which Elizabeth termed her annus horribilis (“horrible year”), two of her sons separated from their wives, her daughter divorced, and a severe fire destroyed part of Windsor Castle. Revelations on the state of her eldest son Charles’s marriage continued, and he divorced in 1996. The following year, her former daughter-in-law Diana, Princess of Wales, died in a car crash in Paris. The media criticised the royal family for remaining in seclusion in the days before Diana’s funeral, but Elizabeth’s personal popularity rebounded once she had appeared in public and has since remained high. Her Silver and Golden Jubilees were celebrated in 1977 and 2002 respectively, and planning for her Diamond Jubilee in 2012 is underway.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 5 is the 36th day of the year in the Gregorian calendar. There are 329 days remaining until the end of the year (330 in leap years).

On this day in 1917, with more than a two-thirds majority, Congress overrides President Woodrow Wilson’s veto of the previous week and passes the Immigration Act.. The law required a literacy test for immigrants and barred Asiatic laborers, except for those from countries with special treaties or agreements with the United States, such as the Philippines.

The Immigration Act of 1917, also known as the Asiatic Barred Zone Act, added to the number of undesirables banned from entering the country, including but not limited to “idiots”, “feeble-minded persons”, “criminals”, “epileptics”, “insane persons”, alcoholics, “professional beggars”, all persons “mentally or physically defective”, polygamists, and anarchists. Furthermore, it barred all immigrants over the age of sixteen who were illiterate. The most controversial part of the law was the section that designated an “Asiatic Barred Zone”, a region that included much of eastern Asia and the Pacific Islands from which people could not immigrate. Previously, only the Chinese had been excluded from admission to the country. Attempts at introducing literacy tests had been vetoed by Grover Cleveland in 1897 and William Taft in 1913. Wilson also objected to this clause in the Immigration Act but it was still passed by Congress on the fourth attempt.

Anxiety in the United States about immigration has often been directed toward immigrants from China and Japan. The Chinese Exclusion Act of 1882 barred Chinese from entering the U.S. The Gentlemen’s Agreement of 1907 was made with Japan to regulate Japanese immigration to the U.S. The Immigration Act of 1917 is one of many immigration acts during this time period which arose from nativist and xenophobic sentiment. These immigration laws were intentional efforts to control the composition of immigrant flow into the United States.