Every Murder Victim Has A Story: Deangelo Ervin Bowman and Antonio Lorenzo Robertson

Homicides are among the most serious social issues in the United States. These crimes disproportionately impact poor persons, men and persons of color. Black men, often situated at the intersection of these statuses, are the population most deeply impacted by homicide in the US. Indeed, as many studies indicate, the high rate of homicide among black men is one of the leading factors that contributes to the gap between the life expectancy of whites and blacks.

Despite the seriousness of homicide in American cities, media outlets often treat murders of black men and other persons of color as routine and unremarkable events. Typically, media coverage of these homicides consists of tiny blurbs in the local news section; more tellingly, the stories are often just minimally edited versions of police press releases.

Deangelo Ervin Bowman and Antonio Lorenzo Robertson

Deangelo Bowman and Antonio Robertson

(Police Department Photos)

Consider the case of Deangelo Ervin Bowman and Antonio Lorenzo Robertson. On September 29, 2010, Bowman and Robertson were fatally shot in a SE neighborhood of Washington, DC. The Washington Post covered the brutal murder:

D.C. police are investigating the fatal shooting of two men found Wednesday night in the 3500 block of 22nd Street SE.

Lorenzo Robertson, 29, was found dead at the scene shortly after 10 p.m. after officers responded to a report of two people shot at the location, D.C. police said. Deangelo Bowman, 21, of Southwest Washington, was unconscious and died after being taken to a nearby hospital.

The above passage represents the entirety of the Washington Post coverage of this double-homicide. The remainder of the article is simply boilerplate that asks anyone with information to call a police hotline. Many other homicide cases receive similar treatment by the Washington Post and other local media.

In contrast to the high volume of national and local attention devoted to murders like the Chandra Levy case, the Washington Post reduces Robertson and Bowman to a few sentences without any discussion of their lives or the impact of the murder on their families, friends and community.

Social Networking Partially Fills The Media Void

Although media coverage of homicides in poor communities often treats these events as unremarkable, social media, such as Facebook, can fill the media void by providing some insight into the victims' lives and the impact of their deaths upon friends and family.

Bowman's Facebook page, for example, chronicles the events immediately preceding his death (I could not locate any online information regarding Robertson). In a passage that sounds ominous after the fact of his death, Bowman posts the following message at 9:38am the day of his murder: "GM FB Fam, up this morning wondering what is in store for today! got to get out of this house! LOL"

Bowman, nicknamed "Scoobz," then apologizes to a "cuzin" for some undisclosed conflict. He also spends time "trippin" with a friend.

At 7:20pm, Bowman announces to his friends that he is about to get his hair styled "in a couple of cornrows," although he "wanted some fishtails." Finally, at 8:12pm, Bowman proudly announces that his hair was "done" and the he was "ready to do something!" Those words were his last on Facebook. Bowman was dead two hours later. What transpired between his last posting and his murder remains a mystery.

Earlier posts indicate that Bowman had a sense of humor, that he -- like many other young persons -- often aired conflicts and grievances with friends and family openly on Facebook, and that he was struggling to find work in a failing economy. Bowman had also recently moved to Washington, DC from North Carolina, although it appears that he had previously lived in the Washington area.

Bowman's Friends and Family Respond
The day following Bowman's murder, friends began to respond. I have posted some of the unedited responses below.

One person said that:

This really hurts, idk wht to feel..........It hurts even more to know that he was a good, nice, funny, sweet,person and someone took his life away. Once our friend, brother, son, cousin, here on earth and now an Angel in heaven. May your soul rest in peace DeAngelo Scoobz Bowman. WE ♥ YOU&&MISS YU DEARLY SCOOBY.

Another individual encouraged people to:

CHERISH EVERY MOMENT YOU HAVE WITH YOU FRIEND, LOVED ONE...OR WHOEVER CUZ I JUSS WITNESSED SOME ONE BEING HERE TODAY.. AND GONE TOMORROW ONCE AGAIN!!!! R.I.P DeAngelo Scoobz Bowman!!!!

Another friend posted a similar response:

cherish the ppl who come in nd out of ur lyfe ; yu may never kno when one day they wont be there anymore..i still cant see or believe it tht ur gone....ima miss yu nd i love yu...may yu 4ever REST IN PARADISE DeAngelo Scoobz Bowman.

Although these Facebook posts cannot replace serious journalistic attention to the harms caused by homicides, they can fill some of the void left by scant media attention to the emotional impact of homicides in communities of color. Furthermore, while this blog alone cannot alter the content of media reporting, by telling the stories behind the lives of neglected murder victims, I hope to construct a counter-narrative that treats their lives and deaths as newsworthy and that begins to examine the complex social and emotional harms associated with violence.

Note: This article is part of a Dissenting Justice series "Every Murder Victim Has A Story."

Virginia Federal Judge Upholds Health Care Reform Legislation

A federal judge in Virginia has upheld portions of the recent health care reform legislation (see opinion). US District Judge Norman Moon rejected several arguments by Liberty University, the plaintiff, that portrayed the law as unconstitutional.

Among the measures that Liberty University challenged was the imposition of a financial penalty upon persons who failed to purchase health insurance. Although the court rejected the government's argument that the so-called insurance mandate constituted a permissible tax, it held that the provision was a valid exercise of the Commerce Power.

Dissenting Justice has analyzed the relationship between health care reform and the Constitution in several previous blog posts. The court's analysis of the Commerce Clause substantially mirrors the conclusions that those essays reach.

In particular, the court rejects the argument that a decision to remain uninsured cannot constitute economic activity -- which Congress can regulate -- because it simply represents a decision to refrain from commerce, or merely to exist. The court, however, held that the failure to purchase health insurance is not merely a passive, noncommercial act. Instead, it represents a decision by consumers to self-finance their inevitable use of health care. The court found that Congress could rationally assume that the consumption of medical services by uninsured individuals substantially impacts the market for health care in the nation.

In addition to upholding the penalty, the court rejected plaintiff's argument that the law would unconstitutionally require individuals to pay for abortion, regardless of their religious beliefs, and that law violated the Tenth Amendment. These arguments are inconsistent with Supreme Court precedent in this area. The court rightfully rejected them.

Chevrolet Cruze Cruises Across Dictionary.Com

Earlier today when I was writing yet another blog entry, I scooted over to Dictionary.com to check the meaning of a word. When I got there, I was greeted with the Dictionary.com box floating in the middle of a Chevrolet Cruze ad.

Truthfully, I have seen advertising on this website before, so that's not what surprised me. To be honest, it was the color scheme, as well as the fact that the car was hidden from my view. The headline - The All-New Chevrolet Cruze - drew me in just enough that I had to scroll down the page to see what this new car looked like.

It was pretty obvious to me that Chevy hired a damn good photographer (or a damn good graphic design artist) to create this ad because .... well, because the car looks pretty damn good.

The name's pretty tantalizing, too. It hearkens up images of cruising the strip in your Chevy, just like they did in Animal House.

And in these depressing recessionary times, who doesn't want to conjure up images of the kinder, gentler days of the 50s and 60s?

Al Harris Makes A Power Play

On November 8, the Green Bay Packers released cornerback Al Harris from the team. A knee injury had stopped Harris from playing the last six games of the 2009 season, as well as all of this year's games. Harris had dressed in green and gold every football game day since 2003, when he joined the team. He was a starter in each of the 102 games he played and was good enough to be selected to play in the Pro Bowl in 2007 and 2008.

While Harris was undoubtedly surprised with the Packers decision to release him, he handled the news with extreme aplomb, taking out the above ad in the Sunday Milwaukee Journal Sentinel ... an ad that says the following:

THANK YOU PACKER NATION

Thank you for always supporting me.

Thank you for making me a part of your family.

Thank you for treating my family like your own.

Thank you for making one of the coldest places the warmest place.

Thank you for making every single day I was a Packer a very special day.

To each and every one of you, 

Thank you for making my Packers experience simply amazing.

From the bottom of my heart, 

I thank and love you all and will carry you with me always.

Love,

Al Harris 

In a day when all we hear and see from professional athletes are cries of indignation, unsportsmanlike behavior on and off the field and court, adultery, refusal to come to camp, negotiations that turn ugly, and outright arrogance, Al Harris' testimony to his Packer fans is so incredibly refreshing that I actually get goose bumps every time that I read his words.

What an incredibly classy move from an incredibly classy guy.

I know this Packer fan thanks you, Al, from the bottom of my heart for all the touchdowns, yards, and Lambeau Leaps you entertained us with each time you stepped out on that field.

We all hope that your knee heals soon and that you have the opportunity to play the game you love once again. Thank you #31.

Hershey's Melts Your Heart

Hershey's is currently airing a series of television commercials that put the spotlight on their pure smooth chocolate and the simple happiness that a Hershey's chocolate bar can provide.

• In their Ripple ad, Hershey's promotes family togetherness, as a family of five morphs out of the melted chocolate to hold hands with friends around the world. 

• Their Swing & Drive ad sells you on the notion of pure simplicity leading to pure happiness, as a young girl enjoys a carefree moment on a swing and then dives into a rippling lake of chocolate.  

• Hershey's Christmas commercial promises a "pure holiday" as a family sings a festive carol while chocolate snowflakes lightly touch down around them.

I love the simple honesty and goodness of this ad campaign.  The visuals are fascinating to watch as the chocolate morphs into charming images that leave you with an overall feeling of happiness.

Not only is this a good commercial but it's also a smart business strategy. Past history has shown that chocolate sales rise during recessionary times as consumers seek a touch of comfort in an otherwise unsettling time. According to Packaged Facts, U.S. chocolate sales in 2009 reached $17.3 billion, a new high for the category.

While M&M's may promise to not melt in your hands, Hershey's seeks to melt your heart this holiday season. All that for about $1.00 a bar.

California Almonds: A Handful of Jet Fuel

Sales of almonds have doubled in the past decade. Surprised? 

Well, you shouldn't be. In recent years, almonds have been in the news for a whole range of positive health benefits. 

But, none of this would be possible without the media being told that almonds are packed with all this goodness.

In steps the Almond Board of California. Their website offers up a ton of great information for consumers, health professionals, food companies, and almond growers.

- A handful of almonds adds 6 grams of energy-rich protein to salads.

 

- Whole almonds are a naturally high source of vitamin E, calcium, magnesium and potassium. 

 

- Almonds are a natural source of protein and naturally high in fiber, while being naturally low in sugars.

 

- Scientific evidence suggests that eating a handful of almonds as part of a diet low in saturated fat helps to maintain healthy blood cholesterol levels and a healthy heart.

 

- According to the 2005 Dietary Guidelines for Americans, almonds rank strongly among food containing AT vitamin E. One ounce of almonds contains 7.4 milligrams or 35% of the Daily Value of this nutrient.

 

- A handful of almonds offers key benefits to anyone trying to shed a few pounds, namely satiety, fewer calories for more nutrients, crunch, and an undeniable, tasty flavor. In fact, a one-ounce serving (about 23 almonds) is an excellent source of three nutrients and 100% cholesterol free, all for a measly 160 calories. Not to mention the 6 grams of energy-packed protein.

 

- U.S. dietary guidelines recommend that the majority of your fat intake be unsaturated. One serving of almonds 28(g) has 13g of unsaturated fat and only 1g of saturated fat.

 

 

Beyond all this great dietary and nutrient information, the Almond Board of California has also launched a terrific print campaign. A simple message communicated quickly and elegantly: A Handful of Jet Fuel.

 

 

 

California Almonds: I'm nuts about your new campaign.

Glade Releases Holiday Magic

Glade brings the holidays to life in this charming holiday commercial.

The ad opens with a father and his young son building a snowman. Meanwhile, mom lights a Glade candle indoors ... and their home comes to life in magical ways. The reindeer cutout cookies get up off the cookie plate and fly away.  A ceramic Santa Claus slings a bag of toys over his shoulder and hops into his sleigh, only to fly away with the reindeer. As Santa flies past the window, you see the snowman created by dad and son come to life, waving through the picture window.

I love this ad. It brings a sense of childlike wonder to the holidays, helping to reinforce the message that a Glade candle can bring a touch of magic to your home this holiday season.

Thanks to S. C. Johnson and DraftFCB for ushering me into the holidays in a positively delightful way.

Let It Be ... On iTunes

That was the promise that Apple made to all of us on Monday, November 15, 2010.

I don't know about all of you, but I was totally intrigued by Apple's teaser ad. I couldn't remember another time when Apple had taken over their home page with a product announcement. So, to my way of thinking, this was going to be big news ... BIG news.

Then, came the earth shattering news ... Apple had finally inked a deal to sell Beatles music on iTune.

Disappointment set in.

I don't know about you, but I was less than wowed with Apple's "big news."  Now, don't get me wrong. I love the Beatles and I'm happy that I can finally get their music on iTunes.  And evidently, a lot of other people are too since iTune sold two million Beatles songs and over 450,000 Beatle albums worldwide within its first week on Apple's iTunes Music Store.

I guess if you think about this as a dollars-and-cents situation, it makes sense that Apple made such a big deal about the Beatles coming to iTunes. Frankly,  they made a boatload of money on the deal. But, in terms of exciting technological news for us ... not so much.

Clearly, to my way of thinking, the hype did not match the news. Like their own ad said, the Beatles have been a big deal since 1964.

Kashi's Surprising Owners

"Seven whole grains on a mission. It’s more than just a tagline — they’re the very words we live by."

Kashi was created in 1984 by by Phil and Gayle Tauber in La Jolla, California. Phil and Gayle were committed to creating nutritionally balanced breakfast options that fit their health-conscious lifestyle. Seven diferent whole grains and sesame formed the basis of their newly created Kashi recipe. Their first product - 7 Whole Grain Pilaf - became their signature product.

I recently learned that Kashi has actually been owned by Kellogg's since 2000.  Now don't get me wrong, Kellogg's is up-front-and-center about their ownership, clearing stating it on the Kashi website. Nevertheless, I was still surprised when I recently learned who owned Kashi.

Kellogg's claims that Kashi is run independently of Kellogg's.  But, I must admit that I struggle with that a bit. Why would a company that has a strong infrastructure and a well-established distribution channel not lend a helping hand to the Kashi brand? And is it believable that the company that manufactures and sells Frosted Flakes and Rice Krispies can also remain true to Kashi's natural and nutritious message?

Interesing food for thought.

Target Misses The Target

The other night I was watching TV when a commercial came on. Keith Urban was jamming in a room, playing his guitar and writing some new music. Then he began to make his way to the stage, a camera following him as he psyched himself up to welcome his audience.

As I followed his trek to the stage, I found myself wondering what this commercial was all about. Was he coming to town for a concert? Would this ad maybe take a turn and sell an iPod Nano? Was Keith maybe launching a new line of clothing?

Then he burst on the stage and began rocking out to his new song. It wasn't until the last few seconds of the ad, that the following visual came on the screen:

I must admit, I was really disappointed ... on a number of counts. I really wanted this ad to be about Keith and his music. I also happen to be a fan of some great advertising that Target has done in the past, like the one that aired during the 2010 Golden Globes. Or even the one that was used to announce the arrival of the Black Eyed Peas CD last year.

I'm concerned with some of the advertising that I've seen in the past few months from Target. I couldn't believe my eyes when I saw an ad a few days ago that featured a woman in a red sweat suit running through a Target store or the woman who hadn't slept in days as she waited for the two-day Target sale.

Bad advertising. I mean really really bad ads.

Dare I say it? Target seems to have lost their secret recipe when it comes to creating great ads.

Every Murder Victim Has A Story: Joseph Sharps and Delvonte Tisdale (UPDATED)

The national and local media selectively cover to the lives of homicide victims. In a country as populous as the United States and with such a large number of murders, every victim cannot become headline news.

While the volume of homicides limits extensive coverage of each case, other factors like race, gender and class distinguish widely reported cases from those that remain submerged. While upper-class and white female homicide victims like Natalie Holloway and Chandra Levy continue to receive extensive media attention, scores of other victims are reduced to tiny blurbs in local and national media. Despite this disparate coverage, every victim has a story.



Joseph Alonzo Sharps
Joseph Alonzo Sharps, 17-year-old, was murdered on November 8th in Washington, DC. His best friend was wounded in the shooting.

In many ways, Joseph's murder fits a typical -- yet gruesome -- pattern of homicide in DC, in which the victims are largely poor, black, young and male. But Joseph's case stands out because it received coverage in one extensive article in the Washington Post. In most instances, victims like Joseph are reduced to a few sentences extracted from a local police blotter. Joseph's parents, however, refused to allow their son to become another "statistic."

Joseph's obituary provides some details of his short life:

Joseph enjoyed Math and was an honor student during middle and high school. In 2004, Joseph received the "Edison Leadership Award." He spent his leisure time with his friends as well his best friend “Bilbro” playing Playstation 3 and Xbox 360. Often on holidays you would find “Little Joe” with his cousins waiting in anticipation to feast on his mother’s famous macaroni and cheese. Joseph was a Dallas Cowboy fan and enjoyed watching the Cowboys defeat the Redskins. He was also a Lakers and Yankees fan. Joseph always dreamed of attending the Cowboys vs. Redskins game in Dallas. Joseph was known for wearing his mix match socks in bright colors and watching ESPN. Joseph had the spirit of an entrepreneur and his long term goal was to own a sports channel. Although Joseph had a passion for sports, his desire was to be a commentator and not a participator in the game. Joseph was very candid in his conversations and was willing to share his ideas and thoughts to all who were willing listen.

Washington Post writer Paul Duggan provides more insight regarding Joseph in a very passionate article:

Cynthia Sharps [Joseph's mother], a home health-care aide, said she set boundaries for Little Joe.

"He knew my policy: No drugs, no alcohol. And I'd get after him about language. You know, he did the slang words, that street language. I'd say, 'You have to learn how to talk!' And he'd say, 'Don't worry, Ma, when I go somewhere, I know how to talk.'"

"He wasn't allowed outside late at night," she said. "The children Little Joe has been around, they all come from good families. They stay off the streets. They play sports. They go to school. All of them are school-minded, to go to college. . . ."

According to Joseph's mother, he was an honors student. After high school, Joseph dreamed of attending New York University or a school in Florida. Joseph wanted to study finance -- not to play sports. His ambitions, however, were cut short by a bullet. Police have not identified any suspects or a motive.



Delvonte Tisdale (UPDATED: SEE BELOW)
Delvonte Tisdale, a 16-year-old, was found dead in Milton, Massachusetts late last week. The circumstances surrounding Delvonte's murder continue to unfold.

Delvonte's case has received some attention in the national press -- possibly because police found his body in a wealthy suburb of Boston. Police said that Delvonte's body was so badly mutilated that they could not even guess what caused his death. Milton police found a hall pass in Delvonte's pocket that allowed them to connect his body to a missing person's case that his father filed in North Carolina.

Delvonte lived in North Carolina with his father and step-mother. Originally from Baltimore, Maryland, he moved to North Carolina a few months ago. Delvonte enrolled in Junior ROTC, and made many new friends at his high school.

According to some family members, however, Delvonte did not like living in North Carolina, and he wanted to return to Baltimore. One member of his family said that Delvonte often fought with his father, even coming to blows at some points.

Family members believe that Delvonte ran away from home. According to some news reports, Delvonte said he was going to catch a ride to Baltimore with two "friends" who were driving from North Carolina to Boston. The next day, Delvonte was found dead in Milton -- the victim of a vicious homicide.

Some of Delvonte's distraught family members have expressed their anger and sadness on Facebook. Meanwhile, police are working to solve the mystery surrounding Delvonte's untimely death.

We Should Never Treat Murder As Routine

Violent crimes are often treated as routine and ordinary in the United States. When the victims are black, young, male and poor, they rarely draw attention from the public.

Everyone, however, has a stake in creating solutions to violence wherever it occurs. Murder is a general societal problem -- not simply a law enforcement or legal problem.

If any murder becomes part of the uncomplicated status quo, then the rest of society loses part of its own humanity. For this reason, I celebrate and mourn the lives of Joseph Sharps, Delvonte Tisdale, and many other victims of homicide. Focusing on their suffering allows me to reclaim and assert my own humanity and dignity.

UPDATE REGARDING DELVONTE TISDALE
Although Delvonte's death was initially reported as a homicide, investigators have concluded that he "likely" was a stowaway in the wheel well of a commercial airline. When the jet opened its landing gear, Delvonte fell to the ground, and the impact of the fall probably caused the severe damage to his body.

This is a tragic story. Now investigators must determine how Delvonte managed to breach security and board a commercial airline undetected.

Conservatives Defend "Repeal Amendment"

Randy Barnett (a Georgetown University law professor) and William Howell (Speaker of the Virginia House of Delegates) defend the proposed "Repeal Amendment" in today's Wall Street Journal. If ratified, the Repeal Amendment would allow 2/3 of the states to repeal federal laws.

In a recent blog post, I describe the Repeal Amendment as "useless." Barnett and Howell, however, believe that the proposal would restore power to the states. But, even assuming that that federal government has trampled over the will of the states, this does not make the amendment necessary.

Barnett and Powell operate under the mistaken belief that:

At present, the only way for states to contest a federal law or regulation is to bring a constitutional challenge in federal court or seek an amendment to the Constitution. A state repeal power provides a targeted way to reverse particular congressional acts and administrative regulations without relying on federal judges or permanently amending the text of the Constitution to correct a specific abuse (boldface added).

This argument, however, ignores the tremendous influence that states have in the national legislative process. Although, as the Supreme Court has held, individual members of Congress represent "the people," rather than states, they undoubtedly protect state interests as well. States are absolutely capable of utilizing the national political process to protect their individual or collective interests.

Furthermore, if the legislatures of 2/3 of the states oppose a particular piece of legislation, the voters in many of those states probably disfavor the measure as well. The present system does not disallow states from exercising political power in Congress to repeal unfavored legislation.

Altering Constitutional Structure: Less Representation for the People
The proposed Repeal Amendment has a subtle, but dangerous, dimension to it. The Framers of the Constitution divided Congress into two houses. The House is popularly represented; in the Senate, however, power is distributed evenly across the states. The Framers believed that this system would result in a deliberative legislative process.

The Repeal Amendment, however, would disturb this constitutional structure. Legislators -- not voters -- from 2/3 of the states could repeal federal legislation, regardless of the population of the respective states. The proposal would transfer national legislative power from the people (represented in Congress) to state governments. Furthermore, the proposal would allow 2/3 of even the most sparsely populated states to alter federal law. This is not the framework that the Framers envisioned.

This proposal mirrors recent arguments by conservatives who want to repeal the 17th Amendment, which allows for the direct election of Senators (by voters rather than state legislatures). In fact, Barnett and Howell describe the impact of the 17th Amendment upon the states as "costly." Thus, while many conservatives -- such as members of the Tea Party -- claim to favor popular politics, the Repeal Amendment would diminish a check that the people have over the national legislative process. The Repeal Amendment is simply another version of conservative opposition to popular politics embodied in the 17th Amendment and in other parts of the nation's constitutional structure.

AT&T Brings You the 57th President of the U.S.

In their most recent commercial, AT&T brings you the 57th president of the United States. When one considers that President Obama is #44 and that each president serves a four-year term, AT&T is offering the promise of a president 52 years from now.

And just how are they doing that?

Through AT&T technology, of course.  A smart telephone allows a young man - who happens to capture the gaze of a beautiful woman on a train - to quickly change his tickets and to join her on that train ride to ... who knows where?  Through a series of flashbacks, that meeting blossoms into love, a wedding, a pregnancy, birthdays, and happy family times with a young boy who turns out to be the 57th President of the United Staes.

I have seen this commercial at least five or six times and I still smile every time I see it.  And the funny thing about this ad, is that it actually could happen.  The right technology in the right hands of the right person at the right point in time, and voila! a life is irreversibly changed.

Nice job AT&T.

Conservatives Propose Useless "Repeal Amendment"

Some conservatives want to amend the Constitution in order to allow states to repeal federal legislation. The so-called "Repeal Amendment" would provide that:

Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed."

Some powerful Republicans back the proposed amendment, including House Minority Whip Eric Cantor of Virginia. Cantor says that the amendment would restrain the national government and return power to states.

Analysis
The Repeal Amendment faces an uphill battle. Congress has considered thousands of proposed constitutional amendments throughout history, but it has only approved 33 for ratification by the states. Of those 33, only 28 were ultimately ratified. The constitutional requirement that 3/4 of states ratify amendments proposed by either a 2/3 vote of Congress or 2/3 of states seeking a constitutional convention dooms most proposed amendments.

Also, many of the amendments to the Constitution came at critical points in American history. The first ten of the amendments -- the Bill of Rights -- were ratified together and were actually conceived of prior to the ratification of the Constitution itself. These amendments were added in order to quell fears in several states regarding a more powerful national government. Three other amendments -- the 13th, 14th and 15th -- were ratified after the Civil War. By contrast, the proposed Repeal Amendment lacks the historical impetus that led the the ratification of other constitutional amendments.

Furthermore, the Repeal Amendment seems utterly unnecessary. Even assuming its proponents' claim that congressional power is too large, the amendment will add nothing to the powers that states already have at their disposal to alter this situation. If, for example, 2/3 of state legislatures oppose federal laws, it is highly doubtful that the laws would remain on the books. In addition, it would be much easier for those states to lobby Congress to repeal undesired legislation, by a simple majority vote, than to coordinate votes by at least 2/3 of state legislatures. States are well represented in Congress, and they do not need the Repeal Amendment in order to exercise a check over congressional power.

Accordingly, the Repeal Amendment sounds more like a political gimmick than a substantive proposal for constitutional change. In any event, because of the procedural difficulties associated with the amendment process, the proposed Repeal Amendment will not likely go very far.

Update: Two conservatives have defended the Repeal Act in the Wall Street Journal. See Dissenting Justice for a response: Conservatives Defend "Repeal Amendment"

Barbara Bush Not High On Sarah Palin

During an interview with Larry King on CNN, Barbara Bush made some interesting remarks about Sarah Palin. The former First Lady subtly criticized the idea that Palin should seek a political office in Washington (like President).

When asked what she thinks about Palin, Bush said:

I sat next to Palin once. Thought she was beautiful," Barbara Bush said. "And she's very happy in Alaska, and I hope she'll stay there" (italics added).

Other Republicans have publicly condemned Palin. Senator Lisa Murkowski of Alaska recently said that Palin lacks leadership skills and the "intellectual curiosity" needed to serve as President. Furthermore, Senator John McCain recently declined to endorse a Palin presidential bid, saying that it would be premature to do so.

Although Palin believes she can win a presidential election against Barack Obama, it seems that many Republicans think that a run by Palin would have catastrophic results for the GOP. On the other hand, many Democrats would probably love to hear Palin discuss foreign policy and watch her scribble notes on her hand during presidential debates.

Is A $3 Million Super Bowl Ad Irresponsible?

The final numbers are in ... the cost of one 30-second television commercial during this year's Super Bowl XLV is $3 million. (Reuters)

$3 million is quite a bit of money during the best of times; but in today's beleaguered economy, when the U.S. Bureau of Labor Statistics gauges the current rate of unemployment at 9.6%, it may feel irresponsible to some.

The Super Bowl is not just a football game … it is a cultural phenomenon that reaches far and wide within the United States. Last year’s game was watched by over 106 million people (Huffington Post) and 20 million attended a Super Bowl party where they consumed 28 million pounds of potato chips, 1 billion chicken wings, 53.5 million pounds of avocadoes and 325.5 million gallons of beer (Despardes).

Clearly, the Super Bowl is big money; money that many advertisers believe is well spent. But, the value of investing $3 million on Super Bowl advertising this year may be considered irresponsible when one considers the health of our current economy.

One might ask: How could we use that $3 million in a more humanitarian way? Below are a few ways that advertisers could redirect those ad dollars to extend a helping hand to our neighbors.

• Feed 21,000,000 men, women and children facing hunger (Feeding America)

• Collect and care for 5,000 marine birds after an oil spill (Discovery News)

• Screen 30,000 women for breast cancer (Cost Helper)

• Introduce the joy of reading to 1,500,000 children (First Book)

• Provide 3,000,000 people clean water for one year (Charity Water)

• Support 20,000 young men in Boy Scouts for one year (Boy Scouts)

• Offer food and shelter to 60,000 people for one day (Red Cross)

• Train 150 guide dogs to assist blind individuals (Service Dog Central)

• Save 52,930 acres of Amazon Rainforest (Ecology Fund)

• Grant 600 students a $5,000 scholarship

With 14.8 million U.S. citizens out of work, is an advertiser being irresponsible when they buy ad time during the most expensive time slot of the year? 

Many might argue yes.

Check out the Super Bowl infographic at: goo.gl/vbdoA

EFFEN Has Gone Too Effen Far

We all know that EFFEN Vodka intended to communicate a double entendre when they branded their vodka with a name that could easily be misinterpreted as the dreaded F-word. Admittedly, with a brand name that is a little off-center, there is an expectation that their advertising will be a bit off-center too.

But, when EFFEN's most recent advertising goes so far as to say, "There is nothing more satisfying than EFFEN on a plane" or "Everyone enjoys EFFEN in the Penthouse," they aren't pulling any punches. And, I'm afraid that it makes a sad commentary on what has become acceptable in our society.

I grew up in an era when George Carlin pushed the limits of what could and couldn't be said on television. Looking at the words from his Seven Words You Can Never Say on TV, you realize how much has changed since the 1960s. While there are still words that are banned from television, there are a bevy of colorful words that have become so commonplace that we don't even bat an eye when we hear them broadcast from our television sets. 

And our children are exposed to visual images that have come a long way from the days of the "I Love Lucy" show, when married couple Desi and Lucy (both on the show and in real life) slept in separate beds, or from that family-oriented show, "The Brady Bunch," who never once showed a toilet in their five years on television.

Now, don't get me wrong. I am a passionate believer in the first amendment of our constitution, which states, "Congress shall make no law ... prohibiting ... the freedom of speech ..." But, I believe that advertising like this is symptomatic of something much bigger underfoot in our nation. In my opinion, we have taken the inalienable right to freedom of speech too far. We use it to disguise the desire of some Americans to be crass and inappropriate, all in the name of freedom of speech. 

I believe the freedom of speech pendulum has likely swung too far and that it's time that we all become a bit more respectful of each other and a bit more careful about the words, images, and innuendoes that we pass on to our children.

Alright, time to get off my soapbox. Thanks to listening to my rants.

Yellow Tail: Can You Gobble Wine?

I have been a fan of Yellow Tail's advertising for years. Its virtual simplicity and its consistent execution through all mediums has effectively helped to make the Yellow Tail brand iconic.

Whether it be the print ads shown here, or TV executions like Godzilla, I thoroughly enjoyed seeing what item was going to be sporting a yellow tail next.

So, it's disturbing to me that Yellow Tail made such a departure from their iconic advertising. It would be nice to say that Yellow Tail's most recent Thankssgiving commercial just fell a bit flat. But, in truth, it filled me with a sense of loathing for the brand.

Plus, it didn't even make sense. The ad's tagline, "Great wine. Great Price. Gobble it up." left a question circling in my mind: Who the heck gobbles wine? Dicionary.com defines the word gobble as follows:

To swallow or eat hastily or hungrily in large pieces.

Get it Yellow Tail? To gobble means to eat not to drink.

Maybe it's time to re-hire the agency that brought you the wonderful yellow tail advertising that made you the best selling import wine in the U.S.

Look What's Happening in Texas: Transgender Judge

Phyliss Randolph Frye, a longtime transgender advocate, has been appointed as an associate municipal judge in Houston, Texas. Houston voters recently elected Annise Parker, an open lesbian, as their mayor. Parker nominated Frye to the judgeship. The city council unanimously approved Frye's nomination. Frye and Parker are definitely trailblazers -- inside and outside of Texas.

Conservative Hypocrisy Regarding TSA Security Procedures

Conservative commentators have generated a lot of press with their recent protests opposing the use of body scanners and invasive manual searches by TSA officials. Their rage is hypocritical and blatantly discriminatory.

Conservative Hypocrisy Concerning Law Enforcement and Civil Liberties
In this particular setting, conservatives have been among the most vocal advocates of enhanced law enforcement authority. Most conservative lawmakers supported the Patriot Act, which greatly expanded the powers of federal law enforcement officials. They praised President Bush for creating the Department of Homeland Security. Many of them advocated and still support racial profiling at airports -- claiming that "we" must sacrifice our liberty in order to maintain security from terrorists.

Outside of terrorism and airport security, conservatives have also endorsed wide powers for law enforcement officials. They hate the Miranda ruling, which requires police officers to inform detainees of their constitutionally protected right to remain silent. Conservatives often criticize judicial rulings that enforce the Bill of Rights in criminal cases as allowing defendants to "walk" based on "technicalities." Conservatives love to bash the ACLU, even though the organization is an ardent advocate of constitutional liberty. And, in a recent moment of conservative extremism, Justice Clarence Thomas provided the lone dissent in a case which held that school officials violated the Constitution when they subjected a young girl to a strip search in order to find nonexistent tablets of Advil.

Conservatives Endorse Racially Discriminatory Policing
Conservatives are tossing aside their infatuation with law enforcement in light of expanded searches by TSA officials. In today's Washington Post, for example, conservative columnist Charles Krauthammer rails against TSA safety procedures, including use of the dreaded body scanner:

We pretend that we go through this nonsense as a small price paid to ensure the safety of air travel. Rubbish. This has nothing to do with safety - 95 percent of these inspections, searches, shoe removals and pat-downs are ridiculously unnecessary. The only reason we continue to do this is that people are too cowed to even question the absurd taboo against profiling - when the profile of the airline attacker is narrow, concrete, uniquely definable and universally known. So instead of seeking out terrorists, we seek out tubes of gel in stroller pouches. . . .

But now you insist on a full-body scan, a fairly accurate representation of my naked image to be viewed by a total stranger? Or alternatively, the full-body pat-down, which, as the junk man correctly noted, would be sexual assault if performed by anyone else?

This time you have gone too far, Big Bro'. The sleeping giant awakes. Take my shoes, remove my belt, waste my time and try my patience. But don't touch my junk.

The application of invasive security techniques to white men (touching their "junk") offends Krauthammer, who believes that the TSA should use "profiling" in order to limit its searches presumably to Arab and Arab-looking people (i.e., brown folks).

Studies have consistently shown that women, in particular women of color, are disproportionately targeted for invasive airport searches (see, e.g., here). Generally, persons of color are subjected to greater law enforcement scrutiny, including searches of their bodies and property, due to racial profiling. Conservatives, however, have not expressed similar outrage over these and other invasions of privacy. Instead, conservatives have often promoted the idea that individuals must shed their rights in order to protect the broader society. They also promote the fallacy that criminality in communities of color justifies the pervasive patterns of discrimination.

Now that "innocent" white men must endure similar scrutiny from law enforcement, conservatives have mobilized in anger. Their anger, however, reeks of hypocrisy and discrimination.

New Jersey Supreme Court Rules That Voters Cannot Recall a US Senator

The New Jersey Supreme Court has held that the Constitution does not permit states to recall members of Congress. The ruling ended a Tea Party-backed effort to remove Senator Robert Menendez from office.

As I argued in two previous blog posts, US Supreme Court precedent clearly holds that the Constitution establishes the sole requirements of members of Congress. In the past, the Court invalidated a decision by the Speaker of the House not to seat Representative Adam Clayton Powell due to allegations of ethical misconduct. The Court also struck down a state law that established term limits for members of Congress. In both of these cases, the Court held that the Constitution sets forth the requirements for members of Congress and that neither Congress nor the states could alter those standards.

Furthermore, the Framers of the Constitution considered, but rejected, language that would have permitted the recall of members of Congress. The Constitution, however, allows for Congress to expel members by a 2/3 vote.

The New Jersey Supreme Court agreed with my analysis and reversed a lower court ruling that permitted the recall process to advance. Although the Tea Party frequently invokes the Constitution in its political commentary, the group made a gross misjudgment on this issue.

House Ethics Committee: Censure for Charlie Rangel

The House Ethics Committee has voted 9-1 to recommend a censure for Representative Charlie Rangel. Earlier this week, the Ethics Committee found that Rangel committed 11 violations of House ethical rules. Rangel walked out of the proceedings on the first day, but he returned the following day and delivered a very dramatic speech.

It is highly likely that Rangel calculated that the House would not expel him. The Speaker of the House cannot refuse to sit a representative simply because the individual has committed ethical violations. The Constitution, however, permits expulsion of House members by a 2/3 vote.

Rangel successfully ran for reelection with the ethics charges pending. Rangel probably believed that if he won the election, he could escape the ethics proceedings with a punishment short of expulsion. The committee's recommendation that Rangel face a censure suggests that his gamble worked.

At least a majority of the full House can impose a censure. Now, only the voters in Rangel's district can "fire" him.

Rangel Convicted of 11 Ethics Violations

The House Ethics Panel has convicted Representative Charlie Rangel of 11 of 13 ethics charges. Rangel declined to participate in the proceedings.

My Take

I suspect that Rangel made a political calculation simply to ignore the proceedings. The Constitution does not allow the House to bar duly elected members from sitting. The Constitution, however, permits expulsion, but this requires a 2/3 vote of the entire House.

Although President Obama subtly suggested that Rangel should withdraw from the election, Rangel ignored Obama and eventually won. Now that he has won, Rangel probably believes that 2/3 of the House will not vote to expel him.

The House, however, could impose a lesser sanction (such as censure) by a simply majority vote. If Rangel's calculations are correct, only the voters in his district can control his fate. They have recently spoken on this subject by electing the 80-year-old Rangel to another term.

Senator Lisa Murkowski States the Obvious About Palin: Too Dumb, Not a Leader

Senator Lisa Murkowski, a Republican from Alaska, says she would not support Sarah Palin if she ran for president. Murkowski explains that Palin lacks leadership abilities and intellect:

Alaska Sen. Lisa Murkowki told CBS News' Katie Couric today that she would not support Sarah Palin for president because Palin lacks the "leadership qualities" and "intellectual curiosity" to craft great policy.

"You know, she was my governor for two years, for just about two years there, and I don't think that she enjoyed governing," Murkowski said. "I don't think she liked to get down into the policy." The Alaska senator added that she prefers a candidate who "goes to bed at night and wakes up in the morning thinking about how we're going to deal with" important issues.

Murkowski lost the GOP primary in Alaska to a Palin-backed Joe Miller. Murkowki, however, launched a write-in campaign that appears to have been successful (officials are still counting votes). Although Murkowski states the obvious regarding Palin, sometimes the obvious is worth mentioning -- especially in a country with voters who are so vulnerable to ignorance.

Colin Powell Tells GLBT Activists Not to Press Congress on DADT

Colin Powell warns GLBT activists not to press Congress to repeal Don't Ask, Don't Tell. Even though President Obama and Secretary of Defense Robert Gates oppose the ban, Powell says that he wants the "study" of this issue to continue. He also opposes litigation challenging the ban. Unless Congress repeals the statute before Republicans take over the House, the discriminatory measure will likely remain in place for a long period of time, absent a judicial ruling enjoining its enforcement.

Ironically, Powell himself has embraced changing course on this issue in extremely measured comments. Powell, however, played a great role in crafting DADT. President Clinton promised to lift the ban, but military leaders -- including Powell -- opposed the decision. When Democrats cheered Powell's endorsement of President Obama, I questioned this stance, given his role in President Bush's unnecessary invasion of Iraq and his support for DADT. Powell's current stance would virtually ensure that the ban remain in place.

Volkswagen Does the Tango

I don't know about you, but I'm about saturated with car ads. Just how many different ways can you show me how fast, how tough, how safe, how comfortable, how elite, or how powerful a car can be. Every time I see a traditional car ad, I think about the wasted ad budget that went into creating and airing that ad.

Oh, don't get me wrong ... there are certainly times that auto makers have found a way to break through the clutter. I've previously blogged about the Honda Civic chorus and the Volkswagen Jetta ads and their ability to serve up cars in a whole new light.

So, when an auto maker finds a way to tell the viewer about their new auto in a truly disruptive way, I really listen.

Such is the case with the new campaign from Volkswagen for its new Polo.

Let's be honest here - if the above print ad is all I saw, I wouldn't really have reason to pause and contemplate what the Polo has to offer. After all, what automobile hasn't told us they are tough or beautiful, right?

But, VW really broke through the mainstream when they launched the Polo TV campaign.  Through the art of the tango, they bring a sense of tough and alluring intrigue to the brand. There is no mention of the sponsor of the ad until the final seconds, when your eyes first feast on the new VW Polo.  Instead, you are drawn into the fluidity of the dancers, the promise of passion, and the sensual tension between the two dancers.

Throughout this ad, you occasionally find yourself wondering ... what is this? Who is this ad for?  And then, the payout. Three words flash on the screen. Tough. Beautiful. Polo.  Just like the tango dancers.

Thanks to Creativity Online for sharing this terrific ad with me.

Glee Says Be a Humanitarian ... Not a Sue

Alright, it's time for a confession ... I'm a Gleek. I love Glee. I really do. The characters are totally engaging to the point where I feel their pain, their happiness, their anger. Like the episode this past week when Kurt was being bullied. I actually teared up a bit, realizing how mean people can be just because someone is different ... too tall, too short, too heavy, too skinny, too gay, too smart, too naive. Chances are that most of us have been bullied at some point in our past.

That's what I truly like about Glee - that they are not afraid to tackle contemporary issues head on. Each week, they deliver a message to all of us. Yet, they do so in a way that we are totally entertained while being educated.

I really didn't need another reason to like Glee, but they provided me with one anyway when they teamed up with American Express in the Members Project. Not only is this effort truly humanitarian, but it is also a wonderfully executed campaign, which they have brought to life on Facebook, YouTube, television, banner ads, on a user-generated site, through a sweepstakes, and on their own web page.  The advertising is written, directed and produced by the Glee creative team and, not surprisingly, features all of the actors and actresses we have come to know and love. Ads are masterfully woven into previews of upcoming episodes, as well as during the show itself.

The goal?

To get every Gleek out there to work together to do good in their community. As they say in all their materials, "A small step can make a big difference."  At the time of this blog, 1,159 people had shared their stories.  Oops - change that to 1,160. I just added one of my volunteer stories to the site.

So, go out there and do something great. It doesn't have to be huge; it just has to be something that has the capacity to brighten one person's day ... even if only for a fleeting moment.

As I am often prone to saying:

Change the world ... one person at a time.

Harvey Nichols: Fun For Fashionistas

London-based Harvey Nichols launches a charming print campaign that plays off their line of fashion accessories. The campaign includes six print ads, but two particularly struck my fancy.

In the first ad, Harvey Nichols warns you to buy a bottle of altitude sickness pills if you buy their leopard print mega-high heal shoes. With spikes this high, you may just need those pills.

If you buy the stylish coat pictured in ad #2, a can of pepper spray is suggested to ward off all the admirers that will flock to your side.

In case you are not particularly familiar with Harvey Nichols (as I was not), a look at their website quickly educates you on one clear fact: their designer clothes and accessories are not cheap.  A pair of high heeled leopard shoes ring up at 600 pounds, roughly $967.  And a coat that's similar to the one shown in the ad - about $959. Clearly, they're out of my league.

But, the high prices of their clothing and accessories only make this irreverent ad campaign all the more alluring to me. The playfulness of the ads suggests that Harvey doesn't take themselves too seriously; in a word, they're not fashion snobs. 

Something tells me that if I was playing in the same league as them, I might just be intrigued enough to take a gander through their stores ... online, of course, since I don't often find myself in London!