fourth branch of america, llc the informed … began by fighting hitler and the fascism ... that...

Bush played down the impact of the demonstrators by saying, I am proud to be going to a part of the world where people can demon-strate, where people can express their minds. He also said, The trip is to remind people that we care. There has been some speculation that the protestors were receiving support and financing from the President of Venezuela, Hugo Chavez, who has been an avid anti-American advocate and who has been gaining in popularity and influence around the world. According to the poll, Chavez is not alone in having a negative im-pression of the United States and its foreign policies. A majority of respondents disapproved of the U.S. handling of Iraq (73%), the treat-ment of prisoners at Guantanamo

Volume 5, Issue 3 March 2007 New York State Capital District Edition

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North Korea Stands Down On Nuclear Bombs business with the bank. The $25 mil-lion in frozen funds was a major point of contention during the six-party talks.

Secretary of State Condoleezza Rice adopted a new way to approach North Korea, a two pronged diplo-matic approach towards Pyongyang using a defensive/economic approach coupled with intense diplo-matic pressure from not only the United States, but the international community as well, most impor-tantly China. After North Korea detonated a nuclear device last October, Chinese

leaders were infuriated with Py-ongyangs approach to showing the world its strengths. The detonation of the nuclear bomb prompted Chi-nese President Hu Jintao and Presi-dent Bush to reach an agreement on a strategic understanding dealing with North Korea. China is North Koreas chief supplier of en-ergy and has significant leverage over Pyongyang.

The agreement reached in Bei-jing was spearheaded by Assistant Secretary of State Christopher Hill, who coincidentally has be-

By MICHAEL SCHILD

(continued on Page 3)

After decades of isolation from the international community and years of harsh economic pressures by the Bush Administration, it ap-pears North Korea and its leader Kim Jong-il have finally decided to end its nuclear program.

Intense economic and political pressure from the international com-munity has brought North Korea to the table, most notably the freeze put on Banco Delta Asia by the U.S. Treasury Department a year and half ago, an action that forced interna-tional bankers to also stop doing

Symbolic of the Ideal, Captain America is Dead By RAY FELICIANO

This Months Features How Does it Work over

at the UK Parliament?

Belittlement of Africa in Western Media

Casino Coming to Catskills

Legislative dockets of State and Federal bills

Community events, projects, ...and more!


By BILL LITHGOW

Rensselaer City Hall Moves, Historical Artifacts Found

Rensselaer City Clerk, Maureen Nardacci, has discovered a treasure trove of items of historic interest while preparing to move to the new Rensselaer City Hall.

Ms. Nardacci, who has been in that elected office for twenty-five years, discovered several items of historical interest while preparing to move from the old city hall at 505 Broadway to its new location at 62 Washington Street. Among the items of historical interest is a handwritten book con-taining meeting minutes of the Board of Aldermen going back to the very first meeting of that body. Those minutes proclaim a Special meeting of the Common Council of the City of Rensselaer held Tuesday evening April 27, 1897 requested


North Korea Stands Down on Nuclear Bombs

3

International Corner - News from Around the World

4

Misrepresentation of Africans, and the Role of Western Media

5

The Legislative Dockets 6

How does it work over at the United Kingdoms Parliament?

8

Casino Coming to New Yorks Catskill Region - Monticello

10

Calendar of Events - Meetings and Announcements

11

Opinions and Letters to the Editor 13

Who is the Fourth Branch of America?

15

Inside this issue:

After being the personification of America at its best, fighting against enemies of freedom and democracy, the comic book hero, Steve Rogers, better known as Captain America, is dead. Created 66 years ago, this char-acter began by fighting Hitler and the fascism of Nazis. It is now with a touch of irony that his character is killed off as international polls show that Americas standing in the world is dropping, with a growing number accusing the U.S. of slipping towards the fascism it had fought long ago, and President Bush as a new Hitler, causing more world conflicts than he resolves. The survey also showed that this Anti-American sentiment is beginning to extend towards the American citizens themselves, and no longer just to the government that represents them. The poll, conducted by GlobeScan (www.globescan.com) for the BBC World Service, interviewed more than 26,000 people from 25 countries around the world. One of the more striking findings showed that more than two-thirds, 68% now believe the U.S. provokes more conflicts in the Middle East than it resolves, and 58% believe the re-election of Bush has made the world more dangerous over all. In an effort to offset the growing negative perceptions of the U.S. in South and Central America, President Bush is conducting a weeklong five country tour, visiting Brazil, Uruguay, Colombia, as well as Guatemala and Mexico. His visits have been greeted with protests, some very vocally shouting, Get out, imperialist!, and depicting Bush as a Hitler style dictator and terrorist.

[top, left to right] 1.) Captain America, symbolic of the American spirit. 2.) Dir. of FBI, Robert Mueller, now admits the privacy of some Americans was violated, and he takes responsibility for it.

3.) President Bush with Columbian President lvero Uribe. 4.) Brazilians protesting Bushs visit. (Capt. America images courtesy Marvel Comics)

(67%), our handling of the Israeli-Hezbollah war (65%), Irans nu-clear program (60%), Global warming (56%), and North Koreas nuclear program (54%). The perception of America as the good guy is not helped by recent revelations from the FBI Inspector General and the FBI Director, Robert Mueller that there have been some occasions where their agents failed to follow the law when obtaining National Security Letters (NSL) that allow them to demand records from stores, banks, libraries, or organizations without any court oversight in the process. Critics point to examples like these as evidence of American hypocrisy and use of Gestapo-like tactics. Director Mueller explained, By

The Informed Constituent PAGE 2 VOLUME 5, ISSUE 3 - MARCH 2007

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Copyright 2007 Fourth Branch of America, LLC. All rights reserved. The Informed Constituent is published monthly. Subscription rate for home delivery is $29.95 (Student/Senior/FBA rate $19.95). To place advertising or speak with Customer Service, call (518) 475-0303. Advertisements, as well as letters and column content do not necessarily reflect the opinion of the TIC staff. Please send comments, suggestions, complaints, and letters to the editor to:

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Corrections The Informed Constituent makes every effort to ensure that the news and information reported is accurate at the time it is written. The following are corrections to articles contained in our February 2007 issue: No known errors of fact.

Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power. - Benito Mussolini

way of background, the inspector general was directed by Congress in the Patriot reauthoriza-tion act to examine the FBI's use of national se-curity letters, to look at their effectiveness, and to report on any improper or illegal uses. As a reminder, national security letters en-able us, the FBI, to obtain certain types of trans-actional informationnot content of conversa-tions, but items such as telephone toll records, subscriber information and the like. I'll say that these pieces of information are absolutely essential and they're critical building blocks in our counter-terrorism and counter-intelligence investigations. I'll tell you, I'm particularly concerned about the findings in the report that indicate that we did not have appropriate policies in place and, in other areas where we did have appropriate policies, we did not adhere to them in using this important tool. I'll note that the inspector general indicated that his review did not reveal intentional viola-tions of national security letter authorities, A.G. guidelines, or internal FBI policy. Dir. Mueller continued about the report, his finding of deficiencies in our processes is unacceptable. We strive to exercise our authori-

ties consistent with the privacy protections and civil liberties that we are sworn to uphold. Anything less will not be tolerated. While weve already taken some steps to address these shortcomings, I am ordering additional corrective measures to be taken immedi-ately. Asked about the international poll, Doug Miller, President of Globescan, said the findings supports the view of some Americans that unless his administration changes its approach to world affairs in its second term, it will continue to erode Americas good name, and hence its ability to effectively influence world affairs. According to the U.S. Dept. of State (www.state.gov), one token of goodwill being offered comes from the U.S. Embassy in Phnom Penh, Cambodia, where they distributed 1,200 sew-ing machines to 60 Cham Muslim communities as part of the State Department's Shared Futures initiative. The State Department seeks to culti-

Symbolic of the Ideal, Captain America is Dead

[left to right] 1.) The assassination of Captain America marks the end of a hero who was often depicted as the symbol of the American spirit.

2.) Demonstrators signs tell Bush to Get Out of Brazil in Portuguese, and depicting him as a Hitler-like dictator, as well as the #1 terrorist in the world.

(Capt. America images courtesy Marvel Comics) vate relationships between the U.S. and Muslim communities by creating a more positive under-standing of the U.S. and American values such as freedom, democracy, free enterprise, and tolerance. Until recent years, America was looked upon favorably by most of the world as a symbol of hope and freedom, not hate or fear. Thats gone now. While Captain America may be dead, comic book heroes have a way of coming back. Perhaps a time will come again when the world looks to Captain America with hope and love.

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North Korea Stands Down On Nuclear Bombs (Continued from Page 1)

come a cultural phenomenon in China. His good looks and charming, intelligent personality has taken the hearts of many young Chinese. His diplo-matic suave as Rices chief negotiator has proved invaluable, taking a situation on the Korea penin-sula that seemed dire a few months ago and turning it into what appears to be a real chance for a de-nuclearized Korean peninsula.

This new deal is the latest diplomatic engage-ment with North Korea since the 1994 Agreed Framework was negotiated. That deal froze North Koreas nuclear program in exchange for light water nuclear reactors. Soon after the deal was struck, Pyongyang began secretly receiving sensi-tive nuclear technology from convicted Pakistani nuclear proliferator, AQ Khan.

This time, North Korea has agreed to suspend its enrichment activities for fuel aid, 50,000 tons of heavy fuel oil. The United States pushed hard for this type of incentive; heavy fuel oil is mainly used for thermal power generators and large boilers. It cannot be refined into military grade fuel for use in tanks or jets. The 333,000 barrels of fuel does little for Koreas energy needs, the shipment will only account for about a quarter of one percent of the nations energy demands. This fuel will be sent to North Korea only if within 60 days its Yongbyon nuclear reactor is verifiably closed. If North Korea follows through with disabling its entire nuclear program, a further one-million tons of oil will be shipped as assistance. U.S. negotiators also prom-ised to begin the process of removing North Korea from the list of terror states and move towards establishing diplomatic relations.

The Bush Administration has been blasted by conservative-minded publications and even gov-

ernment officials. Deputy National Security Advi-sor Elliot Abrams sent out emails to administra-tion officials criticizing the provision in the deal that would remove North Korea from the list of state sponsors of terror before completely aban-doning its nuclear program. Former UN ambassa-dor John Bolton joined the chorus, stating that it was economic and diplomatic pressure that brought the Koreans to the table, and the U.S. should not be under the illusion that the North Koreans are actually going to follow these com-mitments and that the only solution is an en-hanced isolation of North Koreaultimately bringing down the regime and peacefully reuniting the peninsula. The National Review magazine has blasted Kim Jong-il stating that the deal has amounted to a promise from a liar.

Chief negotiator for the U.S. Christopher Hill has stated repeatedly that everything depends on North Koreas actions in the next 60 days, specifically the verifiable shutdown of the Yongbyon reactor. Con-

firmation of the shutdown will be established by a bilateral working group.

Far off in the near east, another nation watches to see what will occur. Iran has been the most recent target of accusations of mili-tary nuclear ambitions. The outcome of the Korean Agreements will surely have an im-pact on Irans next move, whether it will open up its nuclear weapons program to in-spectors or continue to isolate itself from the international community, could all depend on the success or failure recent diplomatic efforts in North Korea.

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Assistant Secretary of State, Christopher Hill discussing with reporters the six-party talks regarding

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of major pollutants by 2%, but also mention that these targets could not be revised. Wen Jaiabao said, We must forge ahead in spite of difficulties and work even harder. China has signed the Kyoto Protocol but since it is still a developing country it is ex-empt from mandatory reductions in emis-sions. Chinas 11th five year plan has set goals of a 20% cut in energy consumption as well as a 10% cut in emissions of major pollutants by 2010. FRANCE: A new law has been passed by the French that outlaws anyone who is not a pro-fessional journalist from uploading video of illegal violence to the Internet. The law is pur-portedly an effort to stop the growing fad of happy slapping, whereby for amusement an attacker has an accomplice record video of their assault, which is often performed on a stranger and is not limited simply to slapping, to then be watched again. The advent of cam-era phones and the Internet have allowed these videos to be easily produced and distributed online on such sites as YouTube. However, the new law is being criticized as having the additional affect of preventing citi-zens from legitimately filming incidents of il-legal violence, such as cases of police brutality or a public riot. This has raised the concerns of free speech advocates who note that the law was enacted on the anniversary of the Rodney King beating by the LAPD, in which an ama-teur video caught police beating Mr. King. The subsequent acquittal of the officers involved led to the Los Angeles riots of 1992, in which 55 people were killed, thousands reported in-jured, and close to $1 billion in damage done to the city. GUATEMALA: Following a visit by U.S. President Bush, leaders of a Mayan Indian site vowed to spiritually cleanse the sacred land to purge any bad spirits that Bush may have brought with him.. Bush, who has been called the devil by Venezuelan President Hugo Chavez, is on a tour of Central and South

AFGHANISTAN: The U.S. Military confirmed that they are investigating two incidents in Afghanistan that have led to the deaths of 17 civilians. The U.S. forces are being held responsi-ble for these casualties. Afghan officials said, a Sunday night air strike in the town of Nijrab, killed a family of nine including several children. According to a Coalition spokesman the air strike targeted insurgents who had fired rockets on a U.S. Military base in Nijrab. The soldiers observed armed combatants take cover in a com-pound and called in the air strike, in which they dropped two 1,000 pound bombs on the compound. The U.S military is also investigating another incident in which U.S. Forces demanded that A.P. photographer, Rahmat Gul, delete his photos, threatening violently through a translator, Delete them, or we will delete you. as he was taking photos of the carnage following a suicide car bomb and ambush attack. Eight Afghan civilians were killed and about 35 others were wounded. It is still unclear if the causalities were a result of the car bomb, Taliban gunfire, or from return fire from U.S. troops. BRITAIN: Claiming relative stability in several southern zones of Iraq patrolled by British troops, Tony Blair has announced that Britain will begin withdrawing approximately half of their troops home from Iraq, and turn over security responsibil-ity to the Iraqis. Of the total 7,000 British troops in Iraq, 1,500 will go home within weeks with an-other 3,000 set to return by years end. CHINA: China has set its sight on becoming a more environmentally conscious country, by try-ing to conserve energy and decrease the amount of pollution they contribute to the air. Premier Wen Jiabao opened the annual session of Chinas parliament by announcing a target of 8% growth for this year. This is a lower number compared to the 10% of recent years, but the room left for growth will be intended for Chinas efforts in be-coming more energy efficient. Wen Jiabao also mentioned that China failed to meet last years, self-imposed, goals for improving energy efficiency by 4% and reducing the amount

America to improve the U.S. standing in the region. ITALY: Italy's Prime Minister Romano Prodi has resigned due to divisions over the Afghan war and ties with the U.S. military. Prodis center-left gov-ernment was unable to secure enough votes for a motion backing Rome's foreign policy. Prodi was not constitutionally required to step down. But Foreign Minister Massimo D'Alema had said before the Senate vote that the govern-ment should resign if it did not command majority support on foreign policy, and this view prevailed. IRAN: Iranian Foreign Minister Manouchehr Mottaki said that his country would send an envoy to attend the Saturday international conference on Iraq issue. Some of the concerns that Tehran in-clude being accused by the U.S. of supporting Iraqi insurgents in that country. The Iraqi government extended an invitation to all of its neighboring states and five permanent members of the U.N. (U.S., Russia, China, France, and Britain) to take part in the conference being held. U.S. Secretary of State, Condoleezza Rice has made clear that the U.S. will be a part of the conference. The Bush administration had refused to have direct dialog with Tehran over the Iraqi issue for a long time. This will be the first public meeting between the U.S. and Iran in three years PAKISTAN: Zilla Huma Usman, the minister for social welfare in Punjab province and an ally of President Pervez Musharraf, was assassinated as she was about to deliver a speech to dozens of party activists, by a Islamic fundamentalist who believed that she was dressed inappropriately and that women should not be involved in politics. SOMALIA: The first crew of African Peacekeep-ers arrived in Mogadishu, to be received by gun-fire from insurgents that surrounded the landing site. The tension that exists in Mogadishu was fur-ther enhanced by these events, which resulted in several civilians being killed. The African Union Peacekeepers are the first of a force that is sup-posed to reach up to 8,000 men. The problem is that only about half of this number have actually committed. The U.S. government is paying for the cost of flying the troops to Somalia as well as armored trucks. They are asking other African Nations to lend their troops, but with every day the insur-gents attacks become deadlier. The insurgents are believed to be members of the ousted Islamic Movement. SOUTH AMERICA: President Bush is touring several countries in the South American continent in an attempt to counter the growing influence that Venezuelan President Hugo Chavez is having on the region. Most protests were peaceful, but some escalated to where police used tear gas, batons, and water cannons to subdue the crowds. ZIMBABWE: The U.S. State Department has strongly condemned the forcible suppression of protests against the government of President Robert G. Mugabe. It is purported that some of his opposition may have been beaten and tortured.

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VOLUME 5, ISSUE 3 - MARCH 2007 PAGE 5 The Informed Constituent

Africa, the cradle of human kind and once the toast of the world, has all but attained a different height. The continent has been defamed and her people mocked of by the rest of the world, thanks to prolonged disasters (natural and man-made), mismanagement, corruption, and a barrage of negative Western media reports. It is difficult to imagine that anything good has emerged, or will emerge, from this Dark Continent. Sadly, many in the West have, without justification, bought into this idea. This is disconcerting. Conse-quently, and by virtue of my experiences of both cultures, I have decided (as have others) to under-take the Herculean task of correcting this nega-tive impression of Africa and Africans. I hope I can accomplish this objective in a dispassionate manner and without the fears of political incor-rectness. First, let us take a historical look at the continent and her peoples.

Long before the European invasion, Africa was comprised of several great empires and vassal states whose prowess in every facet of human en-deavor are well documented. In 1884-1885 at the Berlin Conference, the continent was partitioned among several colonial powers including Ger-many, Spain, Belgium, Portugal, France, Great Britain (GB) and Italy. This resulted in the crea-tion of false States consisting of separate tribes and archrivals. It also saw the elevation of vassals and subjects over their erstwhile overlords.

To ensure effective governance, Britain and France introduced the Indirect-Rule system and the policy of Assimilation, respectively. How-ever, in spite years of Statehood many groups re-mained loyal to their tribes rather than to their so-called States. On attaining colonial independence, the quest for tribal independence and resource control became the precursors to some of the con-flicts that have engulfed the continent.

Presently, Africa is comprised of over 40 na-tions and Islands and is the ancestral homes of Blacks, Jews (Falashas), Arabs, Caucasians and Asians. The people speak hundreds of ethnic languages and have had to adopt the languages of their former colonial masters as their official languages. For instance, the West African sub region has about 16 countries whose colonial overlords included Great Britain, Germany, France, and the United States (US). Nigeria, the worlds most populous black nation (with over a hundred and forty million people who speak

and tell

them you saw their ad

in this paper.

*TIC*

Misrepresentation of Africans and the Role of Western Media By OSA IYINBO vent thrusting her with one-size-fits policies.

Today, Africa is considered an anathema, and Afri-cans burdens to the world. On the contrary, Africa is endowed with abundant human and natural resources, which, unfortunately, have been mismanaged. The positive accomplishments of Africans and their off-spring traverse all spectrums of human endeavor. Quite often, they are underreported or their African heritage downplayed, unless it is a criminal enterprise. For now, it will suffice to mention a few notable sons and daughters of native Africa.

They include Nelson Mandela, Bishop Desmond Tutu (Nobel Peace Prize Winners), Wole Soyinka (Nobel Laureate), Boutros Boutros-Ghali and Kofi Annan (former UN Secretaries-General). Others are the late Kwame Nkrumah, John Agwunobi (Assistant Secretary, HHS), Ali Mazuri (historian), Chinua Achebe (author, Things Fall Apart), Kase Lawal (one of the worlds richest black person), Manu Dibango, Seal and Sade Adu (music), Djimon Hounsou, Adewale Agbaje (movie), Ernie Els (golf), Hakeem Olajuwon, Dkembe Mutombo (basketball), Samuel Peter (boxing), Alek Wek (supermodel), and not forgetting Senator Barak Obama (politics). (The plight of African immigrants and their offspring will be the subject matter of an-other article.)

Notwithstanding the foregoing, one cannot under-score the impact of Western media reports on the unending African crises; for that, they deserve com-mendations. However, more could be accomplished if issues are put in proper perspectives. Under the current dispensation, the consequences of their misrepresentation of Africa and Africans are dire: belittling the people, undermining their accomplishments, destroying their self-esteem and heritage. It does also, albeit inadvertently, provide arms to bigots (on all sides). It does not augur well to incense the situation with mis- and dis-information all in the name of profits or ratings. The words of Edward Lytton (1803-1873) that the pen is mightier than the sword can not be truer than in this instance. One can only hope that, in view of current global developments, the Western press will look beyond monetary gains to the social and moral obligations they owe societies in general. Hopefully, they will allow temperance to be the bet-ter part of valor.

over two hundred and fifty ethnic languages!), is one of the countries in this Sub-region. Like the U.S., it is an English speaking country, set-tled by Great Britain.

The Western media often portrays Africa as a single entity or country made of a homogenous group thus conveying the impression that the in-cident in question transpired within a State or region. For instance, and without denigrating the colossal effects of these disasters, one wonders how the AIDS epidemic (Southern and Eastern Africa); wars, drought and starvation (Central and Eastern Africa); oil disasters (Niger-Delta, Nigeria); Muslim extremist (the North and Horn of Africa); bombings in Kenya and Tanzania (East Africa); The Great Migration (Kenya) ascend to the status of continental issues. The list is endless. Imagine referring to, and treating, everyone in North America (Canadians, Mexi-cans, and US citizens) as Canadians; or referring to the bloody IRA conflict (United Kingdom), deadly Basque Separatist Movement (Spain), the Italian mafia, the massacre in Bosnia-Herzegovina, and ethnic cleansing in Albania and Kosovo as European conflicts. It would not hurt to distinguish events in Africa in like man-ner as doing so may provide an understanding of the continents people and crisis as well as pre-

The continent of Africa includes 1. Mauritania 2. Western Sahara 3. Morocco 4. Algeria 5. Tunisia 6. Libya 7. Egypt 8. Sudan 9. Ethiopia 10. Eritrea 11. Somalia 12. Kenya 13. Uganda 14. Zaire 15. Central African Rep. 16. Chad 17. Niger 18. Mali 19. Senegal 20. Guinea 21. Sierra Leone 22. Liberia 23. Ivory Coast 24. Ghana 25. Nigeria 26. Cameroon 27. Gabon 28. Congo 29. Angola 30. Namibia 31. South Africa 32. Botswana 33. Zim-babwe 34. Zambia 35. Tanzania 36. Mozambique 37. Madagascar

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Mr. Iyinbo was an attorney in Nigeria. He has a Master of Public Administration (MPA) from Southern

University, Baton Rouge LA, and recently earned a Master of Laws (LLM) degree from Albany Law School

in NY. He currently works in New York City.


Court Cases/Bills in the U.S. Congress

H.R.1275 Rep. Berman, Howard L. [CA-28] amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes. Related Bills: H.R.1221 3/1/2007 ref: to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subse-quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee con-cerned. H.R.1303 Rep. Thompson, Mike [CA-1] Airline Passenger Bill of Rights Act of 2007 To amend title 49, United States Code, to improve air carrier passenger services. 3/1/2007 ref: to Committee on Transportation and Infrastructure.

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9th Circuit Court of Appeals No.03-15481; D.C. No. CV-02-04872-MJJ

OPINION Filed March 14, 2007

Angel McClary Raich (Plaintiff) v.

Alberto R. Gonzales, Attorney General [Summary: This case was about the right of a person in a state where medical marijuana is legal to be safe from federal prosecution of laws in conflict with the state laws of California. The court ruled that the federal law codified by the Controlled Substance Act trumps the state law legalizing marijuana for medical use.] Plaintiff-Appellant Angel McClary Raich (Raich) is a seriously ill individual who uses marijuana for medical purposes on the recommendation of her physician. Such use is permitted under California law Appellants seek declaratory and injunc-tive relief based on the alleged unconstitu-tionality of the Controlled Substances Act, and a declaration that medical necessity precludes enforcement of the Controlled Substances Act against them. On March 5, 2003, the district court denied appellants motion for a preliminary injunction. We hear this matter on remand following the Supreme Courts decision in Gonzales v. Raich, 125 S. Ct. 2195 (2005). For the rea-sons set forth below, we affirm the district court. ... Excerpts: Opinion by Judge Pregerson: Raichs physician presented uncontroverted evidence that Raich cannot be without cannabis as medicine because she would quickly suffer precipitous medical deterioration and could very well die...The Government does not dispute the severity of her conditions or the likelihood that her pain would recur if she is deprived of marijuana...We believe that Raichs be-lief in the causal connection [between the use of marijuana and pain relief] is reason-able. Here, Raichs licensed physician testi-fied to the causal connection between her physical condition and her need to use mari-juana. The Government did not dispute this medical evidence. Because Raich has clearly demonstrated the medical correla-tion, she has satisfied prong three. [referring to one of four elements needed to use a necessity defense from prosecution.] Conclusion of the Court: We conclude that Raich has not demon-strated a likelihood of success on the merits of her action for injunctive relief. First, we hold that Raichs common law necessity de-fense is not foreclosed by Oakland Cannabis or the Controlled Substances Act, but that the necessity defense does not provide a proper basis for injunctive relief. Second, although changes in state law reveal a clear trend towards the protection of medical marijuana use, we hold that the asserted right has not yet gained the traction on a national scale to be deemed fundamental. Third, we hold that the Controlled Substances Act, a valid exer-cise of Congresss commerce power, does

not violate the Tenth Amendment. Finally, we decline to reach Raichs argument that the Controlled Substances Act, by its terms, does not prohibit her possession and use of marijuana because this argument was not raised below. Accordingly, the judgment of the district court is AFFIRMED. BEAM, Circuit Judge, concurring and dissenting: [Judge Beam questioned whether or not Ms.Raich had legal standing to bring the case since she had not been arrested or prose-cuted, and therefore had suffered no damage to bring suit.]

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Bills in the New York State Senate

01/03/2007 ref: to Environmental Conservation A.449 GRANNIS Prohibits the release of 25 or more balloons inflated with a gas that is lighter than air within a 24 hour period to reduce litter and protect the marine environment; makes related provisions for enforcement and for certain exceptions. Same as Uni. S.216 01/03/2007 ref: to Environmental Conservation A.450 GREENE Authorizes the commissioner of education, in consultation with the commis-sioner of the office of children and family ser-vices, to develop a teenage parenting skills devel-opment demonstration program to be conducted in three school districts, one of which shall be the city of New York; requires the commissioner of education to report to the legislature regarding such program; appropriates $100,000 therefore. Same as Uni. S.211 01/03/2007 referred to Education A.453 DINOWITZ Prohibits the mailing of credit card applications to persons under twenty-one years of age; provides for a penalty of no more than one thousand dollars per occurrence. Same as Uni. S.215 01/03/2007 referred to Consumer Affairs and Protection

S.320 GOLDEN Makes promoting prostitu-tion in the first degree and certain provisions of promoting prostitution in the second and third degrees violent felony offenses; increases the severity of the penalties for patronizing a pros-titute and permitting prostitution; redesignates permitting prostitution as permitting prostitu-tion in the second degree and establishes the class E felony of permitting prostitution when a child under 17 is being prostituted on the prem-ises; designates permitting prostitution in the first degree as a sex offense for purposes of reg-istration under the sex offender registration act. No Same As in Assembly 01/03/2007 referred to Codes S.322 GOLDEN Creates the senior benefits card program to enable and encourage seniors to purchase healthy and appropriate foods at a discounted price. Same as A.898 01/03/2007 referred to Aging 01/30/2007 1st Report Cal.69 01/31/2007 2nd Report Cal. 02/05/2007 Advanced to Third Reading S.332 NOZZOLIO Ensures that employees of the OMH who work in prison mental health units receive the same immunity from civil

damages as other state employees who work in prisons; civil actions cannot be brought in state court against any office of mental health officer or employee providing mental health services in a department of correctional services facility in his or her personal capacity for acts or omissions within the scope of employment. Same as A.4208 01/03/2007 referred to Crime Victims, Crime and Correction S.341 LARKIN Removes costly requirements on retailers seeking to promote their products by giving away free prizes. Same as A.2298 01/03/2007 referred to Racing, Gaming, and Wagering S.343 LARKIN Expands agricultural direct marketing assistance, extending it to fermented agricultural products, contracting with other private business organizations, and addressing municipal land use issues; authorizes licensed roadside farm markets to sell wine from up to two farm or special wineries or micro-wineries located within 20 miles of such licensed roadside farm market. Same as A.1431 01/03/2007 referred to Agriculture

S.344 LARKIN Enacts the child custody reform act to provide uniform statewide standards for the litigation and mediation of child custody disputes; provides for an initial planning conference between the judge and all parties to attempt a settlement; provides for mediation unless the court finds mediation is inappropriate; requires the chief administrator of the courts to establish plans for the conduct of administration of the mediation and preparation of evaluation reports. Same as A.1432-A 01/03/2007 referred to Social Services, Children and Families 02/22/2007 Amend (T) and Recommit to Social Services, Children and Families 02/22/2007 Print Number 344A

VOLUME 5, ISSUE 3 - MARCH 2007

A.401 WEISENBERG Provides that any respondent committed to jail for failing to obey a lawful order of support may be ordered to pay the costs of his or her incarceration. Same as Uni. S.149 01/03/2007 referred to Judiciary A.416 FIELDS Provides an additional personal income tax exemption for an individ-ual taxpayer who provides more than one-half of the support for a parent, stepparent, immedi-ate family member or sibling who is 70 years of age or over and who resides with the taxpayer. Same as S.2060 01/03/2007 referred to Ways and Means A.419 MAGNARELLI Requires operators of bicycles, skateboards and inline skates who are under 18 years of age to wear protective headgear. No Same As in Senate 01/03/2007 referred to Tourism, Arts and Sports Development A.421 MAGNARELLI Repeals article 21 of the tax law relating to imposition of a highway use tax for the privilege of operating any vehicular unit upon the public highways of the state. Same as S.807 01/03/2007 referred to Ways and Means

CITIZENS TIP Now is when your representatives are

presenting new bills for consideration. Make your concerns and issues known to them by contacting them about it, by phone or email.

Dont be afraid to request a meeting with them. Theyre your representatives.

NY Senatehttp://www.senate.state.ny.us (518) 455-2800 NY Assemblyhttp://assembly.state.ny.us (518) 455-4100

PAGE 7

A.422 MORELLE Establishes a statewide telemedicine/telehealth task force to make recommendations to the governor and legislature on the development of telemedicine and tele-health systems, standards in the applications of such systems, changes in licensure and certifica-tion verification necessary to effectuate such sys-tems, and the methodology for determining pay-ments due for health care service provided by means of such systems; establishes a telehealth and telemedicine demonstration program under the auspices of a statewide not-for-profit associa-tion representing health care providers. No Same As in Senate 01/03/2007 referred to Health A.425 PHEFFER Increases the civil penalty authorized to be imposed by a court for price gouging of consumers to an amount not to ex-ceed twenty-five thousand dollars. Same as S.1547 01/03/2007 referred to Consumer Affairs and Protection A.441 MORELLE Prohibits the discharge of a firearm or long bow within 1000 feet of a school or school playground; increases the distance which hunters may hunt near schools from 500 feet to 1,000 feet. No Same As in Senate

Bills in the New York State Assembly


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Exclusive Interview: How Does the UK Parliament Work? cialist Law Lords, appointed for that purpose. However, this function will cease in 2009 with the creation of a new, separate, Supreme Court. Q: Who carries more weight in Britain? Does the media pay more attention to one House than the other? As the elected House, the Commons carries more weight and attracts more media attention; and, of course, as MPs must stand for election they will also wish to ensure that the public is aware of their manifesto. That said, if legislation is contentious and rejected or heavily amended by the Lords, that House can also find itself at the centre of attention. Q: How often does the Prime Minister address Parlia-ment? Also, is it customary for the PM to take questions from the Parliament at that time, or does the PM just make a speech? The Prime Minister takes questions from MPs every sitting Wednesday between 1200 and 1230. Although the main questions are known to him in advance, MPs may also ask a supplementary question which is often designed to catch him out. This leads to some very interesting and sometimes heated exchanges! Prime Ministers questions is famous for its liveliness. Other than this there is no specific occasion on which the Prime Minister regularly addresses Parliament. The Monarch, on the other hand, does address both Houses at each years State Opening of Parliament, reading what is known as the Queens Speech (although it is actually writ-ten by the government and outlines its proposed programme of legislation for the year). Q: How is the Prime Minister chosen? Are they elected? The Prime Minister is selected by the Monarch but is by tradition the leader of the majority party. As such they are elected by the members of that party. Theoretically at least a party leader might lose their seat at an election which their party goes on to win overall at this point the Monarch would have to call on another MP to become her Prime Minister and form a government. In the event of a hung Par-liament the Monarch would have to use her judgment to decide who would be in the best position to form an effec-tive government, perhaps in coalition with other parties. Q: What are the duties of the Prime Minister? The Prime Minister forms a government for the Monarch and both advises and consults her on the business of the state. He also appoints the members of the government ministerial positions such as Chancellor of the Exchequer or Home Secretary from members of their party in either House. Q: Does the Prime Minister have veto power? Do they have to sign new legislation for it to become law, like our President? No. The Prime Ministers vote carries no greater weight in the Chamber than that of any other MP and they have no right of veto. That right rests with the Monarch but has not been exercised since 1707, and then only on a technicality. The Monarch also gives assent to signs new legislation. Q: How long is the term of the Prime Minister? Either as long as their party retains power or as long as that party wishes them to continue as their party leader; or until they decide to resign the post for whatever reason, as was the case with Margaret Thatcher in 1990. Upon the dissolu-tion of Q: How do votes of 'No Confidence' work in the UK? A governments ability to govern depends on the contin-ued support of Parliament. If sufficient Members are dissat-isfied they may attempt to force its resignation by tabling a vote of no confidence. Its a risky strategy such a move by the opposition often unifies the governing party against the threat. It is also very unlikely to succeed if the government has a large majority. The last successful vote of no confi-dence was in 1979 succeeding by just one vote. The gov-ernment resigned the following month and the general elec-tion took place the month after that. Q: As a constitutional monarchy, what is the role of the King and Queen in government? The United Kingdom parliament is made up of three ele-ments: Monarch, Lords, and Commons. The Monarch is the Head of State; she summons Parliament, appoints the Prime Minster and invites them to form a government. After the Norman conquest of 1066, the rule of the Monarch was ab-solute and for many years parliaments only met when they desired it, but over the years this has changed (sometimes by slowly accepted custom, sometimes by major upheaval such as the Civil Wars and the Glorious Revolution of the 17th Century) to the point at which Parliament sits by statute

Interview By KIMBERLY & RAY FELICIANO

Q: What is the difference between the 'House of Commons' and the 'House of Lords'? Is it analo-gous to the United States 'House of Representatives' and the 'Senate'? [Answers by Victor Launert, Visitor Services Manager, Palace of Westminster] Not quite. The House of Lords is older and derives from the Curia Regis, or Kings Council, of early mediaeval times those noblemen who held most of the land, and hence wealth, of the nation, and to whom the Monarch looked for advice and support. The House of Commons de-veloped as an offshoot of this, as other classes of peo-ple grew in importance and demanded their own voice, sitting separately from the Lords from 1341. The Com-mons is now the primary House, with all Members elected by the public, with the powers of the Lords lim-ited by statute (e.g. it may not vote on the budget, and the Commons can force through legislation if the Lords have rejected it several times). Members of the House of Lords are today mainly peers appointed for life on the advice of the leaders of the main political parties; only a minority sit there by right of heredity or by vir-tue of holding other posts, e.g. the Archbishop of Can-terbury. Further reform of the House of Lords is cur-rently being debated by Parliament. Q: Who drafts new legislation? The Ministerial Committee on the Legislative Pro-gramme recommends to the Cabinet what proposed legislation should be included in the years business. The relevant government department say, the Home Office then drafts instructions outlining the intention of the legislation to specialist lawyers parliamentary counsel who attend to the detail, ensuring that the final draft is as watertight as possible and minimizing the risk of subsequent legal challenge. It is then further scrutinized by specialist departments of both Houses to ensure that complies with House rules, before finally being released into the parliamentary process. Q: What is the process required for legislation to become law? For a bill to become law, normally it must have been approved by both Houses (sometimes after going back and forth between them with suggested amendments), although as noted above if it has been rejected by the Lords a few times the Commons has the power to push it through without their further consent. Either House may introduce bills; both will scrutinize them in detail in committee before final votes on the floors of the Houses. Whichever course a bill takes, it does not be-come law until it receives the Royal Assent, the Mon-arch being the other of the three elements which make up Parliament. Q: What is the title of someone in the 'House of Commons' (analogous to 'Congressman')? Member of Parliament, or MP for short. Q: How often are representatives in the 'House of Commons' elected? Elections must take place at least every five years, al-though they may take place more frequently if Parlia-ment is dissolved early. This is usually done at the in-stigation of the ruling party, which may give them a tactical advantage in the election. Q: How does one become a member of the 'House of Lords'? Only a minority less than one hundred from a total of around 730 are now members by right of inheri-tance. The majority are life peers nominated by the main political parties and chosen for their knowledge and expertise in a wide range of fields, or for some out-standing contribution to the life of the nation. 24 seats are also reserved for the archbishops and senior bish-ops. Further reform of the House of Lords is currently being debated; options range from wholly elected to wholly nominated. Q: How long are the terms? What are their powers? Peers serve for life, with the exception of the bishops who lose their seats on retirement. As well as being able to introduce bills of their own, they review and revise legislation introduced by the Commons and pro-pose amendments. The House of Lords is also the highest court of appeal in the land (except for criminal cases in Scotland) and among its members are the spe-

SUPPLEMENTARY COMMENT: As the Visitor Services Manager of the Houses of

Parliament, I am determinedly apolitical; but I do love Parliament and its history. Perhaps I can add a few per-sonal words?

One of the fascinations that people have with the United Kingdom parliamentary setup is the apparent con-tradiction between the modern and the old; in a world of relatively new democracies, how can some apparently ar-chaic practices persist? All I can say is that it seems to work, by evolving and taking into account human irra-tionalities as much as practicalities and desires. History tells us that every revolution is followed by counter revo-lution, and that no single system is an answer to every-thing, so maybe slow evolution is the kindest way. But that is my personal view only.

I must admit that I love working in a building that was a royal palace in the time of King Canute, nearly one thousand years ago; and one that has housed royalty for as long and regular parliaments for half a millenium. Parlia-ment was once something that the king summoned at whim; now it is something which British citizens have to represent them as of right. Yet the monarch is also still there, an apolitical figurehead and focus for the nation. There is debate as to whether that is still appropriate; of course there is. But the most important thing is that debate can exist.

For those whose interest has been aroused, may I rec-ommend the parliamentary website at www.parliament.

and the Monarch rules entirely on the advice of her minis-ters in effect, signs into law whatever has been approved by the two Houses. With her vast experience and in a po-sition of political neutrality, she is able to offer counsel and support to her Prime Ministers, which she has effectively done for over 50 years. The Monarch retains some pow-ers, such as the right to declare war or conclude treaties with other nations independently of Parliament; in practice these are exercised on her behalf by her Government un-der Crown Prerogative. The spouse of a Monarch has no powers in government. Q: What are the major political parties in the UK, and how would you describe their differences? In very simplistic terms: the three main parties are La-bour, the Conservatives, and the Liberal Democrats. These three parties occupy the left, right and centre of the politi-cal spectrum although over precisely which ranges is often very much a matter of subjective opinion! There are also other parties and groupings, notably the Scottish Na-tionalist Party (pro Scottish independence), Plaid Cymru (pro Welsh independence), and Irish unionist and national-ist parties (respectively for and against Northern Ireland remaining within the United Kingdom). Q: In the United States, it is extremely difficult to be elected to political office unless you can raise significant amounts of money for the campaigns. Is it the same in the UK? No, and indeed campaign expenditure is limited by stat-ute; no matter how wealthy an individual or party may be, they may not spend more on election campaigns than the maximum permitted, which in 2005 was 30,000 per con-stituency contested, or 19.39 million if a party fielded candidates in each of the 646 constituencies.

Big Ben refers to the 13-ton bell that strikes each hour. [Right]: Photo taken by statue of Queen Boudicca in her horse-drawn

carriage. She led a major uprising of the Eastern Britain tribes against the occupying forces of the Roman Empire.

(Photos by Kimberly Feliciano after touring the Palace)


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The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress

depends on the unreasonable man. - George Bernard Shaw, Man and Superman (1903)

AN UNREASONABLE MAN Ralph Nader: How Do You Define a Legacy

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uk; there is much to fascinate there. For the standard work on the UK method of government, nothing could be better recommended than How Parliament Works (6th Edition), by two very senior Parliamentary staff, Robert Rogers (for the Commons) and Rhodri Walters (for the Lords), ISBN 1-4058-3255-X. For those interested in the standard tour guide script for the Palace of Westminster please email me at [email protected] for an electronic copy. And for those wish-ing to visit, the proceedings of both Houses are open to all to view on a turn-up-and-go basis but be aware that queues can sometimes be lengthy! Additionally, every August and September the Palace is open for guided tours by specially qualified guides who will be able to describe a little more of the history and work of the Parliament of the United Kingdom.

- Victor Launert Visitor Services Manager, Palace of Westminster

(continued from opposite page)

Protest across from the Palace: Rogue Nation Britain, Face of the Enemy in Kabul - from Depleted Uranium [exposure], Millions Died for Freedom of Speech, Stop the Torture, Protect the Human, and Father forgive them for they know not what they do. 2005 AD: Children forgive us for now we do.

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VOLUME 5, ISSUE 3

New York State News The Informed Constituent

Casino in Catskill Region: Tourism and Economic Impact In a deal that has taken decades to complete, Governor Spitzer has signed an agreement with St. Regis Mohawk Indians to build a casino at Monticello Raceway in Sullivan County. The agreement has been hailed as key to eco-nomic development for the Catskill region from Assembly Speaker Sheldon Silver to U.S. Repre-sentative Maurice Hinchey. Governor Elliot Spitzer stated that the casino will establish a pre-mier gaming facility that will produce revenues for the tribe and the state, and spark a resurgence of the Catskills region. The region is still touted as a tourist haven, but the scores of entertainment venues and ritzy socials that brought lucrative profits have been replaced over the years by avid nature buffs and hikers seeking the mountains pristine beauty, and spending less. The St. Regis Mohawk Casino is expected to revitalize the area by luring tourists away from the Atlantic City casinos to the Monticello location. After 9/11, the State of New York sought addi-tional ways to find revenues to help buffer the costs of the terrorist attacks. In 2001, three casi-nos were given the go ahead to be built in the Catskill region. The Monticello Casino will be the first. Many legislators long opposed to the plan have come around to the hope that the Monticello casino, closer to New York City than Atlantic City, will provide additional funds. For the first two years, the state will receive 20 percent of revenues from slot machines, 23 percent for the next two years and 25 percent continually after. Opponents of the plan to build the casino argue in a lawsuit that development should be stopped until full measure can be taken of the im-

pact on nearby communities and their environ-ment. The groups challenge the environmental procedure taken by the Bureau of Indian Affairs in its approval of the casino. This lawsuit and ap-proval by U.S. Interior Secretary Dirk Kemp-thorne are the only two obstacles standing in the way of construction. The casino would be built on non-reservation land, meaning the government would have to put the land into trust making it In-dian property. This would allow them to bypass New Yorks anti-gambling laws. Kempthorne is reportedly not keen on this tactic of turning off-reservation land into trust land for use of casinos. Adding to the complaints are the residents in Monticello who are opposed to the plan. Increased traffic, crimes like prostitution and drugs, as well as the threat of gambling addiction are primary worries. Addictionrecov.org writes that video poker and slot machines are often re-ferred to as the crack cocaine of gambling, transforming problem gamblers into pathological gamblers. They say the blame rests on the imme-diate rate of gratification not found in other games, such as horse racing. Also disapproving, The New York Post ran an editorial on February 21st arguing that The St. Regis Mohawk Tribe has been cited by the fed-eral government in connection with a $687 mil-lion smuggling operation involving illegal liquor, cigarettes and guns. Accusations of transporting over 3,000 illegal aliens from China have also been made public by the Post. Business mogul Donald Trump, for years the main opponent of a Catskill region casino, finally conceded that at some point, there is going to be competition to his casinos in New

Jersey. Trump spearheaded litigation 6 years ago that stopped plans for a casino being built in Monticello. The casino will cost $600 million to build and it expected to produce 3,000 full-time jobs for the Monticello region. The 1.5 million square foot, two story complex will host 3,500 slot machines, 24 poker tables, 125 table games and restaurant venues. Adjacent to the casino will be the Monti-cello Raceway, a longtime attraction of harness racing fans.

By MICHAEL SCHILD

GATHERING OF THE TRIBES March 21st thru 26th 2007, Miami, Florida

The 2007 WMC Edition of the Gathering of the Tribes - a coalition of forward thinking creative artists and agencies, headlined by one of the founding fathers of Hip-Hop culture Kurtis Blow and African missionary Princess Jennifer Olanrewaju Lee united under Global Alliance Distribution, will descend onto the 22nd Annual Winter Music Conference (WMC) in Miami, FL during the week of March 21-26th, 2007. The event serves as a springboard for the launch of an interna-tional promotional campaign in support of The Eternity X Global Dance Music Festival set for August 8th, 2008 (08.08.08).

The Eternity X Global Dance Music Festival marks the pinnacle of an extraordinary journey just under ten years in the making. The forthcoming phase of the "journey to eternity" reveals the world's "least livable" countries, as determined by the Human Development Index (HDI), published annually by the United Nations (U.N). The campaigns primary objective is to educate the emerging generation of youth on the tragic plights that plague corresponding countries, while equipping them with the tools to effectively combat these life threatening epidemics.

Approaching its seventh appearance at the WMC, the annual G.A.D gathering has become one of the pillars of the WMC, widely regarded as the world's premier music conference, attracting professionals from over 60 different countries. Previous G.A.D productions have appeared in two film documentaries (the award-winning "Put the Needle on the Record" & "Peace, Love and Beats") and in 2004, Livewebcasters.com rated the Gathering of the Tribes a top ten WMC event.

The Gathering of the Tribes Music and Concert Series is unique in its dedication to integrating disparate groups of people at rare settings that reward deserving up and coming artists from around the world by pairing them with some of the music industry's most influential pioneers. Lollapalooza founder Perry Farrell, Hip-Hop's Godfather Kool Herc, DMC World Champion Birdy Nam Nam, and Grammy award winner Maurice Joshua are just a few of the cultural icons that have ap-peared at the Gathering of the Tribes over the years.

Destined to be the largest multi-cultural gathering since Live 8, the Global Alliance encourages all to heed the calling of the next universal movement designed to distribute faith, hope and love into the hearts and homes of our brethren who need it most. For an opportunity beyond a lifetime, please visit www.globalscene.org or send e-mail to [email protected].

P.O. Box 289 Altamont, NY 12009 [email protected] 518.857.3303

GATHERING OF THE TRIBES Sound Battle Cry

For Global Dance Music Festival at 2007 Winter Music Conference

March 21st - 26th Miami, Florida

Mr. Schild is a contributing writer for TIC focusing on world affairs. His is a recent

graduate of University at Albany with a Bachelores degree in History.


Meetings and Announcements Apr 5 (Thurs): Tech Valley Kids Summit hosted by the College of Nanoscale Science & Engineering and the Albany-Colonie

Chamber of Commerce to inspire a love of math, science, engineering and technology in middle school students. It will be a half-day educational event subtitled An Innovation Celebration to take place at the NanoTech complex. Call (518) 453-5224.

Apr 16 DEADLINE: Seeking plays by local Capital Region playwrights for production consideration for our Short Play Festival in September 2007. Are you a local playwright? Do you want to see your work produced? If you answered yes to either question then submit your play to Confetti Stag. Mail submissions to: Confetti Stage, ATTN: Short Play Festival, 2215 Nott Street, Box 285, Niskayuna, NY 12309. Submitted works cannot be returned to the playwright. For more info, visit www.confettistage.com.

Open: Contact Community Loan Fund in Albany for more information on free programs on foundation fundraising research and grant writing resources available to nonprofit organizations. Call (518) 435-1770.

Capital District Community Loan Fund, 255 Orange St., Albany. 3/15, 9 AM and 4 PM: Free program on foundation funding re-search and grant writing resources available to nonprofit organizations. 435-1770.

Third Monday of every month: Public/editorial meeting for Fourth Branch of America, publisher of The Informed Constituent held at Albany Public Library (161 Washington Ave), 7:00pm. Jan thru June meetings are in Conference Room #1 (2nd floor). Taking ap-plications for internships, commission sales opportunities, exciting new projects in website and software development, business ad-ministration, and looking for more investigative reporters. Call us at (518) 475-0303 or email [email protected].

Second Tuesday of each month: 7:00pm. ReconsiDer Forum on Drug Policy is a discussion group of individuals seeking to imple-ment harm reduction alternatives to our nations War on Drugs through local strategies such as letter writing and the promotion of an annual scholarship contest open to high school students. Meeting location: Albany Public Library (161 Washington Ave, Albany, NY). For more info, call (518) 436-7098 or email [email protected].

NY State Senate Public Hearing Calendar - www.senate.state.ny.us/lbdcinfo/senpublichearing.html NY Assembly Public Hearing Calendar - www.assembly.state.ny.us/leg/?sh=hear

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VOLUME 5, I SSUE 3 - MARCH 2007 The Informed Constituent

H. Cornell, and John L. Parmerton, and ap-proved by Mayor Charles S. Allen.

In the minutes, Mayor Allen stated, Gentlemen, I have the honor to open the first meeting of the Common Council of the City of Rensselaer with a gavel which was loaned to me by Mr. Augustus B. Kiernan. This gavel has a history, viz., it was presented to the father of Mr. Kiernan by Speaker James W. Heusted May 15, 1876. It was used in closing the final session in the old Capitol and in calling to order the first session in the new Capitol and now used in opening the first session of the Common Council of this our new City of Rensselaer.

Other items of historical interest discovered include an early photo of another Board of Al-dermen in the late 1890s, an old Doppler radar for use in police cars together with a photo of a police car from the 1970s poised to catch speeders in the Eastland Park neighborhood.

A photo was found of the predecessor to to-days Parker Dunn Memorial Bridge (with same name) viewed from the air looking at Broadway in Rensselaer. Interestingly, sample ballots from voting machines in the 1936 and 1940 national presidential elections were dis-covered. The actual voting machines are in tact, complete with the levers actually used to cast votes for the presidential campaigns of 1936 be-tween Alfred M. Landon, (Republican on Row A) and Franklin D. Roosevelt (Democrat on Row B)and again for years later in 1940 be-tween Republican Wendell Willkie (Republican) and Franklin D. Roosevelt.

Moreover, the ballot for the 1936 election also contains the names of Republican William F. Bleakley running for Governor against De-mocrat Herbert H. Lehman. The name of Robert F. Wagner, one of New Yorks more fa-mous Senators, also a Democrat, appears on the 1936 ballot.

Ms. Nardacci pointed out some questions or issues on the 1936 ballot which bear a re-markable resemblance to issues of todays Rensselaer: Shall a new courthouse be con-structed? Shall peddling be allowed on public

Rensselaer City Hall Moves, Historical Artifacts Discovered

streets? Shall a new high school be built to cost $900,000? Shall plans for increases city water sup-ply be approved? Shall a speed limit of 30 miles mph be approved for automobile travelers? Each of these general questions has come up at council meetings since the current council was sworn in on over a year ago on January 1st, 2006.

In a nostalgic mood, Ms. Nardacci prepared to leave her office after so many years there. It's been a great twenty-five years, she said. I've en-joyed it. I will miss it. There is a lot of history here. I feel bad about leaving, but Fort Crailo [school] where we are going is an old building too. Ms. Nardacci continued, The move is for the better. Its brighter down there, looks wonder-fuland the Department of Public Works has done a great job of preparing the new office. They have gone above and beyond. The new Rensselaer City Hall at 62 Washington Street has been the offices for St. Peters Rensse-laer Health Center which is moving to Columbia Street in the near future. The building was origi-nally created to be the Fort Crailo Elementary School, and over twenty years later was converted to a community center in 1986, named after a for-mer mayor, Mr. Joseph Harrigan.

Former Rensselaer City Hall on Friday, February 16th, 2007 after snow from Valentine's Day blizzard finally stopped.

(Photo by Bill Lithgow)

Word of the Month

imperialism 1 imperial state, authority, or system of government

2 the policy and practice of forming and maintaining an

empire in seeking to control raw materials and world markets

by the conquest of other countries, the establishment of colonies, etc.

3 the policy and practice of seeking to dominate the economic

or political affairs of underdeveloped areas or weaker countries.

- Websters New World Dictionary & Thesaurus

n.

(continued from Page 1)

1.) Photo of Parker Dunn Memorial Bridge with a view of Rens-selaers Broadway. 2.) Old Doppler radar for police car use in 1950s. 3.) Picture of old city police car from1970s with Dop-pler Radar to catch speeders in Eastland Park Neighborhood.

4.) City Clerk, Maureen Nardacci (rear) sits at her desk as she prepares to leave old office of twenty five years. Old radio and camera displayed on counter. 5.) Late1890s photo of one of the first boards of Aldermen of City of Rensselaer found just

before the move. Front Row: Harry Bates, Bradford R. Lansing (Mayor), Cornelius Ryan; Middle Row: John Parmerton, Frank Bortle, Charles J. Reno, Roswell A. Dandaraw, William Hepin-

stall; Rear Row: Thomas Kimber, William H. Cornell, Frank Wilson, Christopher Short.

(Photos by Bill Lithgow)

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Opinions and Letters to the Editor! This is where we find out what you, the citizens of our community, think. Address your legislators! The purpose is to increase the conversation, and better understand varying perspectives. The opinions expressed here do not necessarily reflect the opinion of The Informed Constituent or its staff. Guidelines for submitting an editorial/opinion: First of all, keep it civil. No profanity. 600 words max. Electronic submission of a Word or Text file is best. Send to [email protected] or mail to The Informed Constituent, P.O. Box 8558, Albany, New York 12208

Opinion By JOSE LUIS FERNANDEZ Al-Qaedan Jihadists Are Not Old USSR Ideologues

President Bush continues to link the current war on terror to past periods in American history with-out even a hint of family resemblance. This pro-clivity began after 9/11, when he put forth a string of ad populum analogies, i.e., similarities that ap-peal to our emotions rather than to sound reason-ing, between the war on terror and the old Cold War. Indeed, he created a sort of streak.

To illustrate, in June, 2002: West Point gradu-ates of the 1940s saw the rise of a deadly new chal-lengeand opposed it from Korea to Berlin, to Vietnam, and in the Cold War. Our war on ter-ror has just begun. In July, 2003: For more than 40 years of the Cold War [the U.S. and Great Brit-ain] stood together to ensure that the conflicts of Europe did not once again destroy the peace of the world. Now we are joined in another great and difficult mission. In June, 2004: Just as events in Europe determined the outcome of the Cold War, events in the Middle East will set the course of our current struggle. In June, 2005: The murderous ideology of the Islamic radicals is the great chal-lenge of our new century. Yet, in many ways, this fight resembles the struggle against communism in the last century. And in May, 2006: Like the Cold War, we are fighting the followers of a mur-derous ideology that despises freedom, crushes all

dissent, has territorial ambitions, and pursues to-talitarian aims.

Successful analogies call for logically identi-fying relationships between objects. The presi-dent, however, seems woefully deficient in this area. Clearly, there is a world of difference be-tween the Cold War strategy of containing post-WWII Communist ideology and the present con-cern to check the radical principles that help cre-ate contemporary terrorist cells. Simply put, al-Qaedan jihadists are not analogues of former U.S.S.R. ideologues, and Osama bin Laden resembles Nikita Khrushchev in neither shape nor beliefs.

Remarkably, though his reasoning is bank-rupt, it seems Mr. Bush will not stop beating a dead, if not illogical, horse. Indeed, we saw his penchant for making false analogies take new form on Washingtons Birthday, when he de-clared, Today, we're fighting a new war to de-fend our liberty. And as we work to advance the cause of freedom around the world, we re-member that the father of our country believed that the freedoms we secured in our revolution were not meant for Americans alone. Astonish-ing! For the venerated father of our country re-peatedly warned about getting trapped in foreign imbroglios. Washington was a non-interventionist.

Letter By KEVIN OBRIEN

Illegal Taxation in NY State - Please Reform the Speed Law

road with the park. For the record, the People request that you

simply answer this: Which is the 45mph road, and which is 40mph?

The road with the park has the faster, 45mph limit. No, you heard me correct. Driving 45mph on Route 261 is always illegal, but its perfectly fine in front of the park when kids are playing a few feet away.

Logic finds this to be a contradiction. The fact that this contradiction is the product of the proc-ess in which a criminally binding number can be printed on a sign and thus justify taxation, leads the People to insist that a full scientific review of all roads in the State of New York be immediately performed with a full pardon and repayment of any illegal taxation.

For the record, the People request that you an-swer these simple questions:

1. What guidelines, goals and requirements were used to classify these roads?

2. How could a fair and logical process lead to such an obvious mistake?

3. When was the last time the speed limits were reviewed for these roads, or any road?

The State of New York is guilty of illegal taxa-tion of its citizens, who, with a fair and objective pol-icy on traffic speed enforcement would not be con-sidered criminals and could not be reasonably or ethi-cally expected to pay what can only be described as a tax.

Law abiding citizens of the State of New York are in violation of Traffic Code 1180D by simply ex-ceeding a number printed on a sign and thus can be justifiably taxed, despite an actual crime, physical or monetary, being committed.

Because the reasonable actions of a citizen must not be considered illegal, the number printed on a speed limit sign must not be allowed to exist as both arbitrary and criminally binding.

A complete re-evaluation of every State, city and town road must take place.

Example of Arbitration. An actual intersection: Route 18 at Route 261. In this case, Route 18 is 45mph, while Route 261 is 40mph. Physically, both roads are similarboth are one lane each direction and in a residential neighborhood. In fact one has a park which is within a few miles of the intersection mentioned. However, there is one road that has a higher risk associated with it. That of course is the

More examples of bad law:

How can 100 cars traveling on a road be safe at the defined speed limit, X, while one car, in top mechanical condition, that utilizes the best that modern safety has to offer, alone on a familiar road, traveling at X + 5 be illegal?

How can safe driving concepts, like "keeping up with traffic", be illegal? How many truly realize that they are criminals in the eyes of New York State when they are just keeping up with traffic?

How can the reasonable actions of law abid-ing citizens possibly be considered illegal? By having a law that is too easy to break, be-cause there is no apparent reason for their ac-tions to be considered illegal.

The People demand an immediate re-evaluation of all roads in the State of New York. Failure to do so proves, without a doubt, that the current law is simply a means to justify stealing money from the People. A defense of because its the Law proves your guilt.

History records that while Europe was at war and undergoing revolution, Washington wrote his 1793 Proclamation of Neutrality, which was expanded in his 1796 Farewell Letter to the American People, where he laid the ground for American isolationism by cautioning about get-ting caught in the intricacies of foreign affairs.

President Bush, of course, has no such com-punction. In fact, in the 2006 State of the Union address, he tried to make a case against non-intervention by asserting, America rejects the false comfort of isolationism. In this speech, he didnt mention President Washington; instead, he integrated himself with other American leaders from Roosevelt to Truman to Kennedy to Reagan that rejected isolation and retreat.

As with his failed Cold War analogy, his re-cent comparison relates apples to oranges. Ap-ples and oranges are both fruit, but they are not the same things. The particular dynamics of the Cold War and the birth of our nation do not cor-respond to the so-called war on terror. The same goes for any similitude of character between George Washington and George W. Bush.

Jose Luis Fernandez is a graduate student of

philosophy at Fordham University.

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VOLUME 5, I SSUE 3 - MARCH 2007

More Opinions and Letters to the Editor! The Informed Constituent

The Scientific Method For Legalizing Marijuana Opinion By JON FULLER

Step 1. Define the question: Does the 9th Amendment provide a legitimate means to legal-ize pot for industrial, medical, and recreational purposes?

Step 2. Gather information and resources: The enumeration in the Constitution, of certain rights, shall not be construed to deny or dispar-age others retained by the people. - The 9th Amendment, 1789.

Even though the Constitution does not list all the basic rights of a free person, those rights are still guaranteed for individuals who exercise those rights without infringing upon the basic rights of others.

Step 3. Form hypothesis: If pot is to be made legal, then the 9th amendment is the most direct means to that end.

Step 4. Perform experiment and collect. Is there a set of data that would lead us, beyond a reasonable doubt, to the conclusion that the 9th amendment was intended to protect our right to marijuana?

Step 5. Analyze. Our government was smart enough to foresee that one day an oppressive gov-ernment might try to take away an individual's right to keep and bare arms... so they created the 2nd Amendment. They wrote it out word for word so that there could be no confusion.

The 9th amendment says that even though some rights are spelled out word for word in the consti-tution... that does not mean there are not other natural rights which are so common they need not mentioning. The right to travel is a natural right that everybody exercises without realizing it.

Cannabis has been used for its many purposes since before recorded history and when history

was recorded hemp was there to supply the paper. Since our founding fathers were hemp farmers you could see how it would be hard for them to imagine that one day our government would outlaw the plant that has been nurturing our evolution since the dawn of existence. Mari-juana has always been common place it did-nt need mentioning in the constitution at least not in 1789... But what about in todays society? Pot is still common but does it need to be given its own amendment?

Every 45 seconds somebody in the US is ar-rested for possession of marijuana. Our prisons are overcrowded. Our court system is con-gested. Heres another hypothesis for you If the president granted amnesty to all those im-prisoned for non-violent drug offences then we would have more space for criminals who com-mit crimes against humanity.

Police arrest more Americans per year on marijuana charges than the total number of ar-restees for all violent crimes combined, includ-ing murder, rape, robbery and aggravated as-sault. REFERENCE: Federal Bureau of Investi-gation. 2001. Uniform Crime Report: Crime in the United States, 2000. Table 29: Total esti-mated arrests in the United States, 2000. U.S. Department of Justice: Washington, DC.

According to former U.S. President Jimmy Carter: "Penalties against drug use should not be more damaging to an individual than the use of the drug itself. Nowhere is this more clear than in the laws against the possession of marijuana in private for personal use." REFERENCE: President Jimmy Carter: Message to Congress, August 2, 1977.

Step 6. Interpret data and draw conclusions

that serve as a starting point for new hypothe-ses: Now you can exercise your 9th amend-ment right to form your own opinion so please do. Nobody can tell you what to think or how to feel that is your natural right as a rational individual.

Step 7. Publish Results: If you know some-body who has overdosed from smoking pot please tell the world immediately because they would be the first person in the world to die from too much sancho.

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