The Fido Tax

Every now and then somebody comes upon a law that is old, forgotten, and outdated.

Part of a bill in the Missouri legislature this year calls for discarding one such tax, approved more than eighty years ago. It was introduced in the Senate by Mike Moon.  It has two weeks to get passed.  But things are complicated by some possible political gamesmanship that might doom this and other tax reduction efforts. That’s for another day.

Most cities and counties require Fido, Spot, Lassie, etc., to have tags.  But the kind of enforcement envisioned when the law was new never has happened.

The first part of the law went into effect in the 1930s—or maybe in the 20s— and other provisions were added through several more legislative sessions.

The language is pretty clear:

273.050. Dog tax, when due. — No dog shall be permitted to be and remain within the limits of the state unless the owner thereof, or someone for said owner, shall have caused such dog to be listed and the tax imposed by sections 273.040 to 273.180 to be paid on or before the first day of February of each year hereafter.

 273.060.  Amount of tax. — The tax on each male dog and each spayed female dog, of which the certificate of a veterinarian or the affidavit of the owner is produced, in this state shall be one dollar per year, and the tax on all other dogs in this state shall be three dollars per year, payable to the county clerk of the county in which the owner resides; provided, that any person or persons operating a licensed kennel of more than ten dogs in which all dogs kept by him or them are confined and not allowed to roam, shall pay a tax of ten dollars, which amount shall be the full amount of tax on all dogs kept by said person or persons as described above.

The fact that the tax is only a dollar, or three, is an indication that this is a really old law.

The law is still on the books.

The other sections of statute referred to in that paragraph give counties the right to vote on whether to require the licenses.

The fees would go into a fund to reimburse owners of livestock or poultry for losses incurred because of dogs—although it the dogs were theirs, they would get no money.

The town marshall was responsible for catching the delinquent pooches and holding them for a week. After that, the law required him to kill them. Humanely.  Owners could get their pets back

The assessor had to make a “diligient inquiry” of property owners about the number of dogs they had and if, upon checking the courthouse records and finding no licenses issued to that address, would have to tell owners they needed to get right with the law.

Voters had to approve the tax at the local level. If they reconsidered later, a petition signed by 100 people could order a re-vote.

The Missouri Fox Hunters Association and the Missouri Field Trial Association objected strongly.

The law did not go over well in other places either.  The Jefferson City Daily Capital News observed in its February 2, 1939 edition that “Eighteen counties north of the river voted the dog tax. Not a county south of the river voted for it. The north Missouri counties are strong for sheep. South of the river counties are partial to canines.”  Twelve days later the newspaper reported, “Monroe County has between two and three thousand dogs but only 150 of them have an owner who thnks enough of them to pay the dog tax to save their scalps.”

The Moberly Monitor Index reported on February 3 that ten Monroe County farmers had filed claims for damages to their sheep. But since only four dog owners had paid the tax, it was unlikely the tax would produce enough money to pay the damages.

The Sikeston Daily Standard on March 10 called the tax “a joke” because the city had collected only seventeen dollars from the dog tax.

The Brookfield Argus noted on March 16, “There’s gloomy days ahead for ‘poor old Rover’” because the voter-approve tax had gone into effect. But only two of the probable 3,000 dogs in the county had been licensed  and they belonged to Marceline Police Chief Rich Freeman and County Extension Agent Robert J. Hall. The tax, said the newspaper, “applies to all dogs, whether they are of the county variety or the sophisticated city type. Old Shep, Fidol Fluff, or Trixie all must wear the 1939 style of necllace or join that somber parade to the burial ground for dogs.” It does not appear much of such a parade was ever assembled.

Eventually, all of this resentment simmered down.  We are expected to get new dog tags for our versions of Jim the Wonder Dog or Old Drum each year.  We’ve never heard of a farmer getting dog tag money for replacement of dog-induced poultry or livestock death.

But we’re still supposed to get a tag and a collar for our best friend.  Senator Mike Moon doesn’t think it’s a state issue.  Or sholdn’t be.

Just thought you might find it interesting to learn how all of that started.  Our dogs went without tags and dog owners went without pooch taxes for the better part of 120 years before state government decided our dogs couldn’t live in Missouri without tags and collars.

But then, big government stuck its nose into our dog houses.

SPORTS: Fluttering Cardinals, Tarnished Royals, Battling Hawks and Dirty Racing.

by Bob Priddy, Missourinet Contributing Editor

(BASEBALL)—Both of our Major League baseball teams have staggered out of the gate in this young season.  While only modest success had been expected of the new-look Kansas City Royals, the Cardinals are far from meeting early-season expectations. A rookie leads the team in hitting and a crippled veteran’s rendition of the National Anthem is near the top of this year’s highlight reel through the first ten games.

The Royals are three-and-a-half games back after ten, with three wins. They are not the worst team in the league, though.  Oakland and Detroit are 2-7.

The Cardinals are last in the National League Central with as many wins as the Royals and one fewer loss.  Philadelphia has the sme record (3-6). Washington is the only team with a worse start, at 3-7.

Cardinals rookie Jordan Walker had one of the Redbirds’ five hits Sunday, setting a new team record for longest hitting streak to start his career—nine games. Another Jordan, Montgomery, was impressive as a starting pitcher during the weekend—nine strikeouts in six scoreless innings against the Brewers. Nolan Arenado got his 300th home career home run during the weekend. But pitchers are giving up almost five earned runs a game (4.87) while scoring only 36 runs (4.0 per game).

The Royals, on the other hand, have scored only 27 runs in their first ten games. But when your pitching staff has a team ERA of 3.74—

If the Cardinals were to play the Royals today, who—if anybody—do you think would win?

(RECORDS)—Baseball might be the most esoteric of all sports and Jordan Walker is a living example.  By getting a hit in his first nine games, he has tied Magneuris Sierra for the team record for longest hitting streak at the start of his career.  (Sierra, once a hotshot prospect for the Cardinals, flamed out, was part of the trade with Atlanta for Marcell Ozuna at the end of his first year in St. Louis. He took his .228 career batting average onto the free agent market during the offseason and signed a minor league deal with Atlanta.)

But an even more obscure record is that Walker has tied the great Ted Williams for second-longest hitting streak by a player twenty years old or younger to start a career. The all-time record is 12 games set by Eddie Murphy of the Philadelphia Athletics in 1912.  Murphy lasted 15 years in the majors and was known as “Honest Eddie” because he was not one of the eight members of the Chicago “Black” Sox involved in the 1919 World Series scandal.

(BATTLEHAWKS)—Some people thought it was funny.  But those who did not will certainly be excused for their reactions.

Pro Football Talk reports that the St. Louis Battlehawks, a little more than a week ago posted this notice:

“Following a vote from XFL owners, the Battlehawks have been officially approved to relocate to the greater Los Angeles area and will do so for the 2024 season.

“St. Louis is a city known for its incredibly hard-working, passionate and proud people. Bringing the XFL back to St. Louis in 2023 will go down as one of the proudest moments in our league’s history. This move isn’t about whether we love St. Louis or its fans, but rather about what is in the best interest of the Battlehawks organization.

“We would like to thank the XFL, its owners, and all of Battlehawk Nation for their diligence and dedication, and we look forward to building a world-class franchise in Inglewood.”

There likely were several folks who failed to note that the notice was posted on April 1 as a joke. Much of the statement sounds like the condescending news release of the Rams when they skedaddled out of town. Rest assured fans, it was just an April Fool’s intended knee-slapper.

In the real world, the Battlehawks battled back in the closing minutes against the Las Vegas Vipers for an overtime 21-17 win.  Down 17-8 with backup quarterback replacing A. J. Mccarron, the Battlehawks scored with 4:49 left when punter Sterling Hofrighter threw a pass to Gary Jennings that turned into a 64-yard touchdown. A three-point points after failed. But the ‘Hawks defense stopped the Vipers and Donny Hagemann kicked a tying field goal with eleven seconds left.

XFL overtime is played as three alternative two-point plays from the five yard line.  St. Louis scored on its first two possessions, a pass from backup QB Nick Tiano to Hakeem Butler and a run by Brian Hill.

St. Louis is 6-2. Las Vegas drops to 2-6.

(SMITH)—Former Missouri Tiger Aldon Smith, whose potentially outstanding pro career fell apart in a flurry of drunk driving, domestic violence, and weapons charges, has been sentenced to a year in jail and five years probation after pleading guilty a felony drunk driving charge growing out of a traffic crash that injured the other driver.

Smith started his pro career by setting a record for sacks as a rookie (14.5). He was an All-Pro the next year with nineteen of them. But his career started spiraling down in 2013.

(RACING)—NASCAR ran its only Cup race on dirt this weekend, at Bristol, Sunday night. Christopher Bell, one of the young guys who grew up racing on dirt tracks, held off another young gun, Tyler Reddick.  The race had been dominated by another young dirt-track veteran, Kyle Larson, until he was involved in a crash just past the halfway point.

Bristol is one of NASCAR’s shortest tracks. Fourteen cautions lowered the winning speed to just 47 mph.

Another short track, Martinsville, is on tap for next weekend.

(OTHER RACING)—INDYCAR and Formula 1 both took Easter weekend off.

Disintegration

We’ve heard it several times in recent days and heard it again this past weekend when a talking head on one of the talking head shows said we are watching “the disintegration of the Republican Party” with the indictment of ex-president Trump and the early support he’s getting from his ardent supporters including two former Missouri Attorneys General.

Senator Josh Hawley calls the charge “an assault on our democracy, pure and simple,” interesting words coming from a man who encouraged that huge crowd of “tourists” to “tour” the U. S. Capitol in a memorable way two years ago.

His successor, Eric Schmitt, calls it “a purely partisan case.”  Schmitt is remembered because he decided to meddle in the 2020 election in four states in what surely was a non-partisan defense of popular democracy. Schmitt, as we recall, was 0-for-4.

And newly-minted Congressman Mark Alford from Raymore, who thinks prosecutor Alvin Bragg  “will clearly dig up old parking tickets if that means Donald Trump cannot run for President,” and says the charges are “nothing short of political persecution.”  Alford was one of Trump’s endorsement successes in the elections last year.

Politico reports, by the way, that Trump went 10-11 in his congressional endorsements last year, eight of those victories coming in districts that already leaned Republican, including Alford’s district.

It is important to remember that Trump is by far not the first federal public official to be indicted. Kentucky Congressman Matthew Lyon was found guilty of violating the Alien and Sedition Acts in 1798. He was re-elected while he spent four months in jail.

Until now, the highest federal official indicted was Vice-President Spiro agenew, who pleaded no contest to income tax evasion in 1973.

Much is made of Donald Trump being the first PRESIDENT indicted.  It’s worth noting historically but it has no meaning otherwise.  Lyon was the first member of the House to be indicted. Joseph R. Burton, in 1904, was the first sitting senator to be indicted—by a federal grand jury in St. Louis. He was convicted of taking a bribe, fined $2,500 and ordered to serve six months in jail in Ironton, Missouri. He resigned after losing two appeals to the Supreme Court.

The point is: Somebody has to be first.  Trump is the first ex-president to be indicted.

Point noted. He joins a firsts list of  Lyon, Burton, and Agnew.

Now, get on with it.

The headlines have gone to those who have thundered their support of Trump.  Slight notice has been paid to those who have been more judicious in their comments, if they have commented at all.

The silent ones will be the ones who count when it comes to a post-Trump GOP.

It seems obvious that inter-party support for Trump is declining and the ratcheting-up of the noise on his behalf is a strident indication that the remaining Trumpists know their grasp on the short hairs is weakening.

The Republican Party is not “disintegrating” as those who speak more broadly than discretion should suggest are suggesting.  Indictment by indictment, more and more Republicans will be willing to do unto Trump what he has done unto so many others—throw him under the bus (The phrase, by the way, is believed to have started in British politics in the late 1970s).

Here’s the difference between the Trump era of the Republican Party and the post-Trump era—it is the difference between a fish and a tree.

An old political saying, from an unknown origin is, “A fish rots from the head down.”  It generally means that when the leader of a movement dies, the movement will, through time, die too.

But a political party is not a fish.  A political party is more like a tree, which grows from its roots.  Its tip might die but when the dead part if lopped off, the lower part regrows.

So it will be for the Republican Party.  The focus today is on a diseased top branch.  When removed, whether by a windstorm of justice or by intentional cutting and pruning by those who are tired of dealing with it, the roots and the trunk will remain and they will sprout new branches and new, clean leaves.

The focus today is on an element of the national party.  But the roots and the trunk of the party are at the state level and they will remain, and not just in Missouri. The windstorm or the cutting and pruning might make the tree less attractive for a while or reduce its output of political fruit, but it will survive.

Many years ago, our last family vacation before children left for college and ultimately for the real world, we went to Yellowstone National Park.  It was the year after the great fires had blackened so much of the land.  But already we were seeing small green leaves emerge amidst the charred stumps and scorched grass.

The Republican Party will not disintegrate despite gloomy forecasts from talking heads, although the rotten top branch might be transformed in the political fireplace into an “ash heap of history” a phrase attributed to Ronald Reagan, whose party Trump usurped.

INNOCENT

Your correspondent is not sure whether it is harder to acknowledge that Donald Trump is innocent or harder to admit he’s guilty. The answer lies on which side of Trump you see.

He claims he will be arrested tomorrow on an indictment stemming from the Stormy Daniels hush money case. If it happens, it’s likely to be the first of a series of indictments.

For now, he is innocent of everything that dominates the speculation that flows from the mouths of the talking heads on left and right alike. The reported imminence of indictments has both sides showing signs of froth at the corners of their mouths.

But until a prosecutor makes the case without a shadow of doubt, Donald Trump is innocent and free to go wherever he wants to go.

If he is indicted, however, there is one way for him to be fitted for a one-piece, orange suit. Immediately.

It can happen if Trump continues to be Trump.

If he takes to Truth Social or at his tasteless planned rally in Waco, Texas on the thirtieth anniversary of the David Koresh compound tragedy, and goes full Trump against any judge that might by then be involved in any case that might by then be filed, said judge should waste no time finding him in contempt and sending him to jail.

It would not be surprising if he expands his attacks on prosecutors and former associates to include a judge.  He is a man with no respect for authority who quickly could get a change of address if his lawyers can’t make him behave.

And if his arrest should materialize and his calls for protests trigger violence, again, it might be a good while before he sees his golf course again.

But regardless of the bombast and the disrespect we might get from this man, let us remember this simple fact:

He is innocent until he is proven guilty of whatever charge or charges he will face.

Even if he does not respect our system of government, the governed should respect it.  Even those who cannot describe the depths of their disrespect for him must respect the system that will determine if he has exceeded the bounds of the law as much as he often seems to exceed the bounds of decency.

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The Quote Behind the Quote

A few days ago, Kansas City District Federal Judge Brian Rimes threw out the so-called Second Amendment Preservation Act, passed by the General Assembly in 2021. The act allowed gun owners to sue local police and sheriff’s officers for as much as $50,000 if those officers enforced federal gun laws perceived as conflicting with Second Amendment Rights.

The Justice Department had filed suit a year ago saying the law violates the supremacy clause of the U. S. Constitution. That’s the one that says states cannot override federal statutes. The SAPA is only the latest incident in which the Missouri legislature has said it can pick and choose what parts of the Constitution are valid in this state.

A special agent in the Alcohol, Tobacco, Firearms and Explosives field office in Kansas City reported soon after the law went into effect that 12 of 53 local officers that had worked jointly with ATF had withdrawn their cooperation. He also reported that restrictions on federal access to state investigative resources had been put in place.

Judge Wimes agreed with some critics in 2021 who argued the law was an open effort to circumvent the federal government’s right to enforce federal laws. His 24-page ruling has ordered local and state law enforcement officers to “lawfully participate in joint federal task forces” and to share information with federal agents without being afraid of being sued.

Our new Attorney General, Andrew Bailey, says the state expects better luck on appeal.

And then he trotted out the old bromide, “The Second Amendment is what makes the rest of the amendments possible.”

One would think that someone who is an Attorney General would have a greater appreciation of the law and the courts and a better understanding of the fallacy of the bumper-sticker shorthand that he has cited.  He might think it sounds good to the Right Wing, but it actually sounds horribly Leftist.

Making a bumper stick out of this issue and ignoring its origin is misleading and potentially dangerous even if it is effective in cultivating a needed political base in the year before an election campaign.

Let’s look at the origin of the philosophy that guns, not courts, are the greatest defenses of all of our rights. A popular military leader many years ago put it clearly and then added important contextual details:

All things grow out of the barrel of a gun. According to the Marxist theory, the army is the chief component of state power. Whoever wants to seize and retain state power must have a strong army. Some people ridicule us as advocates of the “omnipotence of war”. Yes, we are advocates of the omnipotence of revolutionary war; that is good, not bad, it is Marxist. The guns of the Russian Communist Party created socialism. We shall create a democratic republic… Experience in the class struggle in the era of imperialism teaches us that it is only by the power of the gun that the working class and the laboring masses can defeat the armed bourgeoisie and landlords; in this sense we may say that only with guns can the whole world be transformed. We are advocates of the abolition of war, we do not want war; but war can only be abolished through war, and in order to get rid of the gun it is necessary to take up the gun.

Chairman Mao, in his Selected Works, V2, pp 224-225, suggesting that all other rights are achieved by those who have the unchallenged right to have guns.

An Army is needed to protect the nation’s rights from external attack.  But the courts are the preferred process for maintaining civil order internally.  The day that a domestic Army is in charge of protecting our rights is not something we should ever wish for.

Whether in the Declaration of Independence, the Gettysburg Address, or hundreds of documents before, during, and since those times, it has been repeated that government in this country derives from the people not from the barrel of the gun.

It is long past time to leave the simplistic bumper sticker politics on the back bumper where they belong and instead to have an intelligent discussion on the law rather than a brief and erroneous reiteration of a despot’s musing on a democracy that he never delivered to his nation.

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But What About Jenae?

The recent traffic crash in St. Louis that has cost a 17-year old volleyball player her legs has triggered outrage focused on St. Louis Circuit Attorney Kim Gardner—who has been something of a political lightning rod throughout her career.

The Missouri Senate is considering a remonstrance—a word describing a severe grievance or protest against a person or institution, usually demanding corrective action—against Gardner, who is accused of letting the driver of the car remain on the streets despite having a revoked driver’s license and having violated his bond in a robbery case at least fifty times.

The remonstrance is signed by every Republican in the Senate.  Gardner is a black Democrat and her defenders say the remonstrance and the Attorney General’s ouster petition filed against her are politically partisan and racist.

We will leave that fight to be waged in the political arena. We hope, however, that those who are and who will be focused on Gardner do no harm to Jenae Edmondson, the young volleyball player from Tennessee, for it can be too easy for them to use her as an instrument of their political rage at a time when she might desperately need support and hope.

What will they say to her?   What should they say to her?  What should you and I, most of us along in years with legs that carry us in the halls of power, on the playing fields and hiking and biking trails, and even on walks with our grandchildren?

Legs are part of our identity, particularly when we’re young. They’re part of running through life, part of our future, part of our social involvement—we dance with them; we jump to our feet when our team scores in a close game; we begin to drive a car with them.

If you and I—and the senators and the Attorney General—were to send her a letter, what would we tell a 17-year old girl who is dealing with the terrible question double-amputee Drake McHugh asks in King’s Row, “Where’s the rest of me?”

She is not the first person to suffer such a tragedy. But she’s the first person in her own body and in her own mind to go through it. And those who become immersed in the political fallout of this disaster should remember that and not victimize her additionally.

There are others, too, who intimately share her tragedy.  Her parents are doubly affected because they must deal with her injuries and with sustaining her character while they deal with suddenly becoming parents of a disabled teenager and the costs of her care now and in the future.

They are getting help from the Middle Tennessee Volleyball Club that has set up a GoFundMe account that is about halfway to meeting its one-million dollar goal to help pay medical and other bills.

There are many who can give her hope, who can inspire her at the right time to live through this, who can teach by their examples that there will be bikes to ride, trails to hike, games to be played, life to be lived.  Thousands of those who returned alive but damaged from Afghanistan are the ones we hope she will focus on.  At some point, Paralympians can provide inspiration. At some point, the remarkable U.S. Senator Tammy Duckworth of Illinois can become an inspiration—a woman who lost her legs in a military helicopter crash and who told Vogue magazine that when he sees her artificial legs, painted to match her skin tones, she sees “loss.”  But when she sees her steel and titanium prosthesis, “I see strength.”

But that is in the future.  Jenae and her family are living very much in the present with its present challenges.  We hope she does not become a pawn in a developing political battle.

She and her family have more important things to do.

 

 

Separation  (12/12/22)

We have wondered from time to time how to reconcile public performance with personal behavior or belief.

We recently heard a choir perform a song that struck us as a hymn, or potential hymn.  Some of our readers who are more in tune with popular culture will recognize these lyrics.  I am old enough to be disconnected from the appeal of People magazine, for example and I probably would not have known the significance of a good percentage of the women who caused extensive gushing from observers as they strutted along the red carpet at the Oscar ceremonies recently. I have never known why the word Kardashian should occupy any of my attention whatsoever.

So I heard this song and I evaluated it for its lyrics and its sentiments.  And that’s the only thing I considered.

I used to think that I could not go on
And life was nothing but an awful song
But now I know the meaning of true love
I’m leaning on the everlasting arms

If I can see it, then I can do it
If I just believe it, there’s nothing to it

I believe I can fly
I believe I can touch the sky
I think about it every night and day
Spread my wings and fly away
I believe I can soar
I see me running through that open door
I believe I can fly

That seems to be a pretty uplifting sentiment, one that has been expressed in prose, poetry, and music—and inferred in scriptures of various faiths—for centuries: by placing trust in “the everlasting arms,” a person is capable of great things.

At the least, the song is a statement reminiscent of Norman Vincent Peale’s best-seller, The Power of Positive Thinking, which is still in print sixty-five years after it was first published.  Peale wrote, “A positive mental attitude is a belief that things are going to turn out well, and that you can overcome any kind of trouble or difficulty.  Those who seek positive thinking in the Bible point to the first chapter of Luke where it is said, “For with God nothing shall be impossible.”  The sentiment also appears in the nineteenth chapter of Matthew.
I’m leaning on the everlasting arms

If I can see it, then I can do it
If I just believe it, there’s nothing to it

I believe I can fly
I believe I can touch the sky


The rest of the lyrics are al continuing affirmation of that idea, the idea that by leaning on the everlasting arms, anything is possible:

See I was on the verge of breaking down
Sometimes silence can seem so loud
There are miracles in life I must achieve
But first I know it starts inside of me.

If I can see it hoo, then I can be it
If I just believe it, there’s nothing to it

I believe I can fly
I believe…

 A flash mob performed this song in, of all places, an airport in Stockholm: https://www.youtube.com/watch?v=HCucos4qGQw

But will we hear this song sung in future gospel festivals?  Will we hear it sung by our church choirs?   Will its message be dismissed because of who wrote it?

R. Kelly—

—-who will be sentenced in February on three counts of production of child pornography and three more of enticing a child.

This is the point where some of us ask whether a performer’s works should be ignored because of their personal actions or political positions.  Or can we, should we, separate the person from the performance?  Does the idea that we find a performance worthy of praise somehow automatically mean that we support who the performer is or was as a person?

In the 1960s, plenty of people attacked actress Jane Fonda and folk singer Joan Baez because of their personal political positions on the Vietnam War. And we have seen similar reactions to more contemporary performers such as athletes who kneel during the National Anthem. Many of those who are vehemently opposed to those who kneel during the song cheer when that same player does something good on the field.  Clearly there is room for separation.

Several years ago. I attended a worship service at Martin Luther’s church in Wittenberg, Germany.  At the close of the service, with the centuries-old organ playing behind us, we stood and sang, “A Mighty Fortress is Our God,” Luther’s great hymn. Goosebumps seldom come to me in church regardless of how good the sermon is. But they did that night.  Afterwards, as we talked to the young Lutheran minister from Ohio who was preaching English-language sermons in the church, we were led outside and shown a carving high up on the wall of the old church. It showed people suckling a pig, an anti-Semitic carving on Martin Luther’s church, a reminder that even Luther was not above political sentiments of his time.

I am bolstered at times by the music of Richard Wagner, whose music is informally banned in Israel because of his anti-Semitic writings that influenced the Nazi movement and apparently were appreciated by Adolf Hitler.  But does my appreciation for Wagner’s music mean I agree with his nationalistic writings?  I hope not. Does my appreciation of Jane Fonda as an actress mean that I supported her actions in Vietnam? I hope it doesn’t mean that. Do I have to agree with those who attack kneeling athletes to be a good American, or do I think I need to kneel, too, to be a good American?

So does R. Kelly’s apparently pending disappearance into the prison system for some decades and the reason for it lessen the inspiration that listeners might feel listening to—or even performing—“I Can Fly?”

Why can’t I believe I can fly even if the person who suggested it is beneath my respect?

 

Thirty years ago—–

I remember a young Attorney General who could envision an almost limitless political future for himself.  The governorship was within his grasp. And after that, there would be Washington, the U.S. Senate.  And from there?   I don’t know how much he dreamed of things beyond the Senate but he had followers who did.

He had won a bruising primary election for governor, outrunning the Secretary of State and the State Treasurer.

But then he lost the general election for governor.  And a few months after that, he lost a lot more.

Bill Webster, son of a state senator once considered one of the most powerful men—some thought he was THE most powerful man—in state government had withstood months of intense news coverage and weeks of campaign commercials linking him to major political scandal.

In June, 1993, Bill Webster, facing two federal felony charges of conspiracy and embezzlement pleaded guilty to one charge of using his office staff, equipment and supplies for his campaign.   He was sentenced to two years in prison.

Webster lost his political future and his law license. The last we heard, however, he has done well as a Vice-President of Bartlett and Company, a major agri-marketing firm in Kansas City.

We started thinking about Bill Webster when we learned of a court ruling involving another now-former attorney general who has visions of greatness.   Last week, Jefferson City Circuit Judge Tom Beetem ruled that Josh Hawley’s taxpayer-financed office staff used private email accounts and equipment to “knowingly and purposefully” conceal public records of communications with political consultants involved in Hawley’s campaign for the U.S. Senate.

Josh Hancock, writing last week for Missouri Independent, reported, “The emails, text messages and other documents at the center of the lawsuit show that early in his tenure as attorney general, Hawley’s campaign consultants gave direct guidance and tasks to his taxpayer-funded staff and led meetings during work hours in the state Supreme Court building, where the attorney general’s official office is located.”

A spokesman for Hawley’s campaign, Kyle Plotkin, has maintained that investigations have found no wrongdoing. One such investigation, he claimed, was done by “a Democratic state auditor.”

He apparently has not read a state auditor’s report suggesting that Hawley and his staff might have misused state resources but their use of private email and text messaging made a definite determination impossible.

Webster went to prison for misuse of state resources.  Hawley has gone to Washington

Unprecedented

“Unprecedented” is a word frequently heard these days in our national political discussions.  We thought it might be interesting to see what other times “unprecedented” has been applied to our Presidents.   “Unpresidented,” if you will, although it isn’t a real word.

It was unprecedented when the nation selected its first President who was not a member of an organized political party.  He also was the first President unanimously elected, a truly unprecedented feat: George Washington.

The idea that a President would never veto a bill while in office was unprecedented when John Adams did, or didn’t, do it. Adams had a lot of “not” precedents: the first President who did not own slaves; the first President who was a lawyer; the first President to lose a re-election bid and the first President who did not attend the inauguration of his successor.

Thomas Jefferson’s defeat of an incumbent President (Adams) was unprecedented. (So was the method of his election.  In those days the President and Vice-President each accumulated electoral votes.  Jefferson and his running mate, Aaron Burr, each got 73 electoral votes. Incumbent John Adams had 65 but his running mate, Charles Pinkney, only had 64.  The House of Representatives cast 36 ballots before Jefferson won 10 of the 16 state ballots. Burr had four and Maryland and Vermont delegations tied within the delegation.  All of this was unprecedented, too, of course.)

James Madison took the unprecedented step of asking Congress for a declaration of war.

The election of Senator James Monroe to the presidency was unprecedented.

John Quincy Adams’ election was unprecedented because he was the first President who lost the popular vote.  (None of the candidates got a majority of the electoral vote, throwing the election into the House of Representatives under the 12th Amendment. Thirteen state delegations favored Adams, seven favored Andrew Jackson and four favored William H. Crawford.)

Andrew Jackson’s administration was the first administration to pay off the entire national debt.

Martin Van Buren’s presidency was unprecedented because he was the first President who was born an American citizen (all of his predecessors had been born as British subjects).

The death of William Henry Harrisons while in office was unprecedented.

The House of Representatives took an unprecedented vote to impeach President John Tyler.  It failed.

James K. Polk took the unprecedented step of refusing to seek a second term.

Zachary Taylor had never held a public office before becoming President, an unprecedented event.

Millard Fillmore took the unprecedented step of installing a kitchen stove in the White House.

His successor, Franklin Pierce, took the unprecedented step of installing central heating in the White House.

James Buchanan was our first bachelor president. Historians debate whether he was gay.

No president had been murdered until John Wilkes Booth took the unprecedented step with Abraham Lincoln, who is the only president to hold a United States patent.

The House of Representatives held a successful unprecedented impeachment vote against Andrew Johnson.  The Senate held an unprecedented trial and failed to convict him.

U. S.  Grant vetoed more than fifty bills, an unprecedented number.

It was unprecedented in modern election history when Rutherford B. Hayes won the electoral vote but not the popular vote.

James Garfield was an unprecedented President because he was left-handed or ambidextrous.

Chester Arthur took the unprecedented step of having an elevator installed in the White House.

Grover Cleveland set several precedents—the first President married in the White House; the first to have a child while President, and the first President to veto more than 100 bills.

Benjamin Harrison set a precedent by being the first President to have his voice recorded.

William McKinley was the first president to ride in an automobile.

Teddy Roosevelt set a precedent by becoming the first president to ride an airplane. (He got aboard a Wright Brothers airplane piloted by Arch Hoxsey and flew for about four minutes at Kinloch Field in St. Louis. https://www.youtube.com/watch?v=NaFulqGGkwk). He also took an unprecedented trip on a submarine.

The first president to throw out the first ceremonial pitch of the baseball season: William Howard Taft.

The first president to hold regular news briefings was Woodrow Wilson. He also took the unprecedented stop of appointing a Jew to the U.S. Supreme Court, Louis Brandeis.

Warren G. Harding learned of his election in an unprecedented way—he heard about it on the radio.

In 1927 the Lakota Sioux tribe took the unprecedented step of adopting a U.S. President as a member of the Lakota nation. Calvin Coolidge.

Herbert Hoover took the unprecedented step of having a telephone installed on his desk.

Franklin D. Roosevelt set a precedent by serving more than two terms. Among his other precedents—the first to fly across the Atlantic and the first to establish 100 days as the first benchmark for accomplishments in office.

The Secret Service set a precedent when it made Harry Truman the first President to have a code name (General). Television set a precedent by televising his 1949 inauguration.

Television set a precedent when it gave one of its Emmy Awards to President Eisenhower who was the first President to appear on color television.

First President who was a Catholic: John F. Kennedy. He also set a precedent by being the first former Boy Scout elected to the office.

The first President to be inaugurated on an airplane was Lyndon Johnson. He also set precedents by appointing the first African-American to the U.S. Supreme Court and appointing the first African-American to serve in a cabinet position

Richard Nixon set a precedent when he attended a National Football League game. Also: First President o resign.

First President never elected to the office or to the office of Vice-President: Gerald Ford.

Jimmy Carter broke precedent when he went by a nickname instead of the formal James E. Carter Jr.  As we write this, he moves into unprecedented territory by living longer than 97 years and being married for more than 75 of them.

Ronald Reagan set a precedent when he was re-elected, the first President re-elected older than 70 (73 at the time). He also set a precedent by nominating a woman to the U.S. Supreme Court.

George H. W. Bush set a precedent when he became the first President to pardon a Thanksgiving turkey.

First President who was a Rhodes Scholar, to have an official White House website, and to perform at a jazz festival (saxophone): Bill Clinton

First President to achieve a 90% approval rating in modern polling: George W. Bush.

America set a precedent by electing African-American Barack Obama, who was the first president born outside the 48 continental United States (Hawaii) and who was the first to endorse same-sex marriage.

First President with no prior public service experience, first to be impeached twice, first president to never see an approval rating above 50%, first president to refuse to publicly acknowledge re-election defeat: Donald Trump.

Joe Biden has set a precedent by being in office past his 77th birthday. He’s the first President to get more than 80-million votes.

First President to be indicted by a grand jury?  The first President to be brought to trial on criminal charges?  The first President to wear a prison uniform?  These are unprecedented possibilities that many hope never come to pass while many others hope come true.

That’s because we are living in unprecedented times.

 

It’s Not Over   

Regardless of your feeling about the U. S. Supreme Court’s abortion ruling last week, here’s something to remember:

It’s not the final word.

It’s not the final word any more than the 1973 ruling in Roe was the final word.  It just turns the tables on the argument.  Abortion opponents have spent the last fifty years chipping away at the ruling and looking for the right legal lever to overturn the whole thing.  Dozens, probably hundreds, of state laws (somebody might add up all of the ones in Missouri) have attacked the issue only to be thrown out at some level of the court system. This one finally worked.

The ruling obviously does not end here.  The anti-abortion element of American society is on the defensive for the first time in almost a half-century. We will be interested to see if a pro-choice population that has watched as pro-life elements have attacked Roe will be galvanized into activism.

It is not generally a good idea to poke a dozing Tiger with a stick.

Survey after survey has indicated a general approval of Choice by Americans.  The Gallup organization in early June reported, “A steady 58% majority believe that the…ruling…should stand while 35% want it to be reversed. These sentiments are essentially unchanged since 2019.”

The wording on Gallup’s poll question has changed somewhat through the years but, “Dating back to 1989, support for reversing the decision has averaged 32%, while opposition has averaged 59%.”

In the most recent poll, the question focused on the impact of an overturn and whether respondents favored letting states set their own standards.  That survey, run last month, showed 63% of respondents thought it would be a “bad thing” to let states set their own policies. Those who said it will be a “good thing” were at 32%.

There has been no doubt this issue has been a partisan thing for a long time. In the most recent Gallup survey, 80% of Democrats and 62% of Independents favored the status quo.  Among republicans, 58% favored what the court ultimately has decided. Only 34% of independents and 15% of Democrats favored reversal.

But the U.S. Supreme Court is not ruled by polls although its makeup might be determined by people whose political positions ARE ruled by polls.

Catholic voters, for example.

A Pew Research Center 2019 survey found 56% of Catholics felt abortion should be legal in all or most cases. Forty-two percent disagreed.  The 56% is close to the 60% of non-evangelical Protestants and 64% of Black Protestants who supported legal abortion. In one of the fastest-growing demographics—people who are not religiously affiliated—83% told pollsters that abortions should be legal in all or almost all cases.

Writing in America, the Jesuit Review in 2018, Patrick T. Brown, a former government relations staffer for Catholic Charities USA, said, “Since 1973, no institution in the United States has been more firmly committed to protecting the unborn than the Catholic Church. Yet Catholics are just as likely to procure an abortion as other U.S. women. Why?

“According to the latest numbers from the Guttmacher Institute, 24 percent of women who procure abortions identify as Catholic, almost the same as 22 percent of all U.S. women who called themselves Catholic in a 2014 survey by Pew Research Center. In the same sources, evangelical Protestants made up 27 percent of all women in the United States but only 13 percent of those who underwent abortions, revealing a greater reluctance toward choosing abortion, a greater reluctance toward revealing their religion on a survey or both.”

Here’s one thing you won’t hear:   Republicans who are critical of “activist” judges when discussing this ruling.  You won’t hear Republicans railing against “legislating from the bench” either.

Again, this ruling tends to reverse the table.

There are fears this ruling is just the beginning of court-established national policies on contraception, LGTBQ+ rights, and gay marriage being dismantled and becoming matters of states’ rights.  Roe does not mean the court’s rulings on those issues automatically will be part of the Right’s version of a cancel culture but those who want them reversed should ponder how hard they want to poke those Tigers and what the reaction will be when they have poked too hard.

This ruling is certain to become a significant election issue in November when we will learn if it and reactions to findings of the January 6 Committee as well as fears of the present court’s future actions will produce less of a Red Wave than many on the Right expect.

Pro-life interests have prevailed.

For now.

But a younger generation born and raised in an era of birth control, abortion, and gender recognition in its various forms might be maturing with different outlooks.

In times such as these and decision such as this, we often return to former New York Governor Al Smith, a Catholic who ran for President in 1928, a time when there was a lot of “anti” attitudes in our nation.  Many think Smith’s greatest liability in the election was his religion.  He warned:

“It is a confession of the weakness of our own faith in the righteousness of our cause when we attempt to suppress by law those who do not agree with us.”