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Conscious Commitment: The Golden Age of Antitrust

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Part 3 of 5 in a series, "The History of Antitrust"

No mollycoddling.jpgFor the first ten years of its legal life, the Sherman Antitrust Act did not receive much attention from regulators or from the public. The two presidents of the 1890s, Grover Cleveland and William McKinley, emphasized sound tariff policy as a means of lowering prices and promoting competition and did not attempt to utilize the Sherman Act as a major tool to attain those same goals. However, their efforts proved highly ineffective, and at the turn of the century the country was conscious of the need for antitrust enforcement as it has never been before or since.

The activists of the day, commonly known as the Progressives, espoused an economic reform plan fundamentally dissimilar to the liberalism of today in several important respects. For example, though the Socialist party did gain some traction in these turbulent years under the leadership of dynamic, persuasive labor organizer Eugene Debs, the core of the movement sought to protect rather than overthrow the system of free market capitalism. Most prominent agitators of the day emphasized the responsibilities of corporations to offer fair wages to employees and fair choices to consumers, but did not contend that government ought to assume those responsibilities. As a result, attention centered on monopolization and its injurious effects. Reform magazines such as McClure's and LaFollette's stirred public sentiment against the trusts by highlighting individual cases of wrongdoing and by bringing complex economic debates directly to the public forum. Though this "muckraking" journalistic genre could include factually inaccurate or overly sensational serials, it also comprised works as enduring as Ida Tarbell's History of the Standard Oil Company, a meticulously detailed study of the methods used to restrain trade, and Louis Brandeis' Other People's Money, a scathing look at the banking industry that demonstrated how "The fetters that bind the people are forged of the people's own gold." The literary sphere contributed pioneering novels such as Upton Sinclair's The Jungle, the tale of an immigrant laborer who experiences firsthand the duplicitous practices of the meatpacking industry, and Frank Norris' The Octopus, a scathing indictment of the Central Pacific Railroad. The ringing words of Theodore Roosevelt's first State of the Union recognized this tide of public sentiment and epitomized the principles underlying it:

"There are real and grave evils, one of the chief being over-capitalization because of its many baleful consequences; and a resolute and practical effort must be made to correct these evils. There is a widespread conviction in the minds of the American people that the great corporations known as trusts are in certain of their features and tendencies hurtful to the general welfare... It should be as much the aim of those who seek social betterment to rid the business world of crimes of cunning as to rid the entire body politic of crimes of violence. Great corporations exist only because they are created and safeguarded by our institutions; and it is therefore our right and our duty to see that they work in harmony with these institutions."

The central tenets of antitrust policy were as much a part of popular culture as of law; and this, in turn, spurred the authorities to take further action at almost every level. The federal Department of Commerce and Labor, Interstate Commerce Commission, and Federal Trade Commission were all creatures of this period, as was the Antitrust Division of the Justice Department. In 1904, the Supreme Court declared that the Sherman Act was a lawful measure designed to preserve and not encumber freedom of contract, in a landmark decision that compelled the Northern Securities railway conglomerate to dissolve: "If, in the judgment of Congress, the public convenience or the general welfare will be best subserved when the natural laws of competition are left undisturbed by those engaged in interstate commerce, that must be, for all, the end of the matter if this is to remain a government of laws, and not of men." Northern Securities v. United States, 193 U.S. 197 (1904). Additionally, the lawmakers of the several states repeatedly endeavored to address the problem of interstate monopolies affecting commerce within their borders. One commission report from the New York state legislature succinctly summarizes the importance of maintaining free commerce:

"1. Competition between buyers of the raw material enhances the price to the producer.
2. Competition between sellers of the manufactured article reduces its price to the consumer.
3. Reduction of price multiplies the number of consumers.
4. Increase of consumption stimulates production to supply the increased demand.
5. Increase of production implies an increase in the employment of labour.
6. Competition between the employers of labour enhances the wages of labour.
7. Enhancement of the wages of labour involves the material and moral amelioration of the condition of the labouring class.
8. Competition to sell stimulates to improvements in the quality of the article offered.
9. Competition to sell urging reduction in the cost of the article, ingenuity is quickened to the invention of expense-saving and labour-saving machinery, and so a stimulus is applied to the progress of the useful arts and sciences. In short, competition ministers to the welfare of all classes of the community, and augments the resources and power of the state." 


Roosevelt Taft.jpgThe first decade of the twentieth century was the zenith of antitrust enforcement in the United States. Citizens' mounting discontent with untrammeled oligopoly had finally found its voice in the progressivism of the Roosevelt administration, and the rare harmony between official policy and public beliefs led to real change in many cases. Yet these conditions could not last indefinitely. The special interests had been unable to maintain their hold over the popular presses and had even suffered major defeats in the courts such as that in Northern Securities - yet they did not quietly acquiesce to the societal shifts threatening their prominence. In 1912, they succeeded in wresting the Republican nomination away from Roosevelt, who had a majority of the popular vote, and instead supporting William H. Taft, whose record showed only unsuccessful, indifferent attempts to enforce the Sherman Act - and the resulting schism in the Republican party caused the election of little-known New Jersey governor Woodrow Wilson. He had made vague promises about economic liberty during the campaign, but did not actively protect that right once in office and failed to effectively enforce the Clayton Act of 1914. As Roosevelt complained from the stump, "The chapter describing what Mr. Wilson has done about trusts... would read precisely like a chapter describing snakes in Ireland, which ran: 'There are no snakes in Ireland.' Mr. Wilson has done precisely and exactly nothing about the trusts." 

The so-called golden age of the free market had clearly ended. Three years later America entered World War I, and the resulting shortages of many commodities enabled corporations to justify all manner of monopolistic actions in the name of the war effort. A decade of laissez-faire tolerance of the trusts followed, when the lack of competition was justified by an unsustainable illusion of prosperity. As subsequent events would prove, nothing short of complete economic collapse could reawaken the United States to the importance of antitrust enforcement.

Read the second part of this series, "Against Public Policy, Unlawful and Void"

Putting the GOP on Cruz Control

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cruzlemming.jpgSpending two weeks without national parks, or any sort of government for that matter, tends to make you think. Here are some of my musings on the subject:

Night of a fateful September 31st. Crickets chirping. I am tucking my quilts around me, and my mother stands in the lighted doorway.

"Goodnight," she says.

"Goodnight, Mom," I reply. "Goodnight, Mikaela." And then, as an afterthought, I add: "Goodnight, government."

You really don't know what you've got till it's gone, I guess. It certainly took Uncle Sam to call in sick before I realized just how much I didn't know about our democracy. (Yep, this has been a useful "Know Your Government" lesson - and an impromptu dramatization of Gibbon's "Decline and Fall.")

For starters, this has awakened my interest in our case law. Who knew that anarchy is a "substantive evil that Congress has the right to prevent practice?" (Congressionally authorized alteration to 249 US at 47 (1919)) Or that the maintenance of our government's account books is not a "business affected with the public interest" that Supreme Court Justice Devanter wrote of preserving?

My ignorance is truly astounding.

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On a more learned note, if I had been called upon to provide a means of negotiation between the two parties, I would have locked the congresspeople into the Capitol and not let them out until they'd reopened our government. Of course, this weasel-in-a-barrel situation would have led to countless personal exigencies for our "public servants," such as missing the premiere of American Idol, carefully rationing the remaining half of a life-sustaining Twix bar, or asking a bombastically rightist colleague in a hushed whisper: "Hey Rep, whoodya think is going to win the Super Bowl?"

Oh, and I can just see Senator McCain running out of cell phone charge while beguiling the weary hours with another internet poker game. What a pity too - he'd just gotten a full House!

And then, as one by one they snuck off to the bathroom, ruefully searched a greasy brown paper lunch bag for remaining crumbs, cast about the Neoclassical chamber for an electric outlet, or finally got bored of playing all-nighter sleepover games, they would begin to wonder whose brainwave this whole thing was.

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And so finally, after these two harrowing weeks, the Republicans gave in, locked themselves into the cellar, and waved their white flag. I guess they finally realized they were Cruz-ing for a bruising. Now that they've shushed Ted Texan up, they're sitting around singing a mournful rendition of "The Conquered Banner" and assuring themselves of their uncompromised integrity, all while surreptitiously whispering to their comrades: "You better hurry it up quick, or else we're all gonna miss tomorrow night's game!"

And that would surely be an unprecedented emergency to our national welfare.

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So it's over at last - and I learned a lot: 1) the Tea Party really is presided over by Mad Hatters, and 2) as political adviser Tommy Corcoran once sang, "The GOP, it ain't what it used to be."

And now I'll be happy to go take a hike and leave Washington alone.

State Butterfly Crossword

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Butterfly-Crossword.jpg

ACROSS
1.    This butterfly, the ________ Hairstreak, is an official emblem of Wyoming
2.    The state butterfly of Kentucky shares its name with a synonym for "governor"
3.     The state butterfly of Oklahoma is the Black _______ (Hint: it has a tail like that of a bird)
4.    New Hampshire chose the ______ Blue as its representative butterfly.
5.    The Colorado ________ is the emblem of its namesake state.
6.    The Zebra _______ of Tennessee is named for its large wings.
7.    Hawaii's state butterfly is the tropical-sounding __________ .

DOWN
1.    This state butterfly of New York shares its name with a naval commander.
2.    Arkansas' state butterfly is the Diana _________.
3.    The California _______ is named for its canine-like appearance.
4.    Maryland's symbol is the Baltimore _________.
5.    Six states from Alabama to Idaho boast the regal ________ butterfly as their emblem.
6.    Mississipi chose this flavorful-sounding swallowtail as its state butterfly.
7.    The swallowtail representing Tennessee shares its name with a black-and-white striped equine.
8.    The butterfly that symbolizes Delaware, Georgia, North Carolina, South Carolina, and Virginia is named after an orange jungle cat.
9.    New Mexico's state butterfly is the _____ Hairstreak.
10.  The Mourning _______ butterfly of Montana is named for its dark coloring.

The answers are beneath - no peeking!

Butterfly-Answers.jpg

Animal Groups Word Search

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agwsprev.jpg    If you just can't figure out what a lavish group of tacky pink birds is called,or a pious crowd of crocodilians, then check out this list of Animal Groups (or, if you want the full-size, printer-friendly version, click here). Another game, by both me and my sister, is available at New Moon Magazine. (No peeking beyond this point, as the answers are beneath).

AGansw.jpgNote: The text and images on this post are copyright of Katrianna Elizabeth, 2012, and cannot be used for anything except educational purposes.

Using Special Relativity to Solve Cosmic Puzzles

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lagoon-nebula.jpgQuantum Fluctuations in the Early Universe
     In the very early universe, there were no particles, only photons zipping about at immense speeds. Those photons must have collided with each other at some point or other, resulting in one of them absorbing the other and therefore creating slightly higher energy densities in certain areas (that is, quantum fluctuations in the early universe). Then energy cooled and the photon concentrations turned into tiny concentrations of mass (which particles later began to form atoms as the universe cooled). As the cosmos expanded, the mass concentrations began to form nebulae as they were spread out over the increasing distances -- and gravity began to draw more matter to them and shrink them into the first stars.

How Particles Acquire Mass

    The mass-energy equivalence states that as a photon is emitted from an electron or any other particle, the mass of the particle increases, because the energy (e) is equal to the mass (m) times the speed of light squared (c). This is because the net mass (the energy + mass) needs to stay the same to prevent a particle from changing, say, from an electron to a quark and so forth. This creates a logical explanation for  how mass is acquired, and the Higgs mechanism is not required.

Animal Poems

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lion-sketch-final.jpg

Look! I see a shape of tawny,

Its eyes may be kind, but it's fierce and brawny,
On the savanna it blends in so it can hide away,
Never is it seen in the grasses scorched by hot day.


giraffe-sketch-final.jpg




Great and tall, yet in the plains this animal abides,
In the low grasses it can find no place to hide,
Reaching up to 20 feet off the ground,
Automatically no cover is to be found.
For their safety they have to have spots and to run,
Few are caught by predators  -- almost none!
Evidently they're doing alright, for they are still within our sight!





tiger-sketch.jpg
The jungle cat I speak of is striped of orange and black,
In hunting and in swimming it does have a knack.
Gazelles it can easily overpower once it is fully grown,
Each and every cat a stripe pattern has its own,
Roaming in the jungle lightly, never leaving a track!


turtle-sketch.jpg


That there is a green reptile

Under the sea, there's no denial.
Red or brown (green, most often of all)
These creatures swim beautifully, but awkwardly crawl,
Land is where it lays its eggs, but at no other time
Ever does this animal above the tide-line climb.




camel-sketch.jpg


Carrying a pack through the desert dusty gold,
As it has all its days and shall until it's old.
Meandering ever through the dunes of sand,
Ending never, always forward caravanned,
Lumbering always in the desert dunes and folds.



Florida Backyard Birding

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pterydactyl.jpg    On vacation in Florida, we saw a surprising variety of wild birds. There were ospreys, great and little blue herons, roseate spoonbills, white ibises, limpkins, bald eagles, moorhens, coots, vultures abounding, sandhill cranes, and all varieties of egret -- great, snowy, and cattle.

venice-pier-anhinga.jpg
    Many of our opportunities occurred close to home, like the pier in Venice, which hosted several anhingas and pelicans. One pelican appeared to have a hurt wing, so we rang the local Save Our Seabirds. They took the pelican and we saw him again (looking better but still favoring his hurt wing) in the Sarasota branch.There was also a church very near to our house with a cross atop it which adornment was the favorite haunt of a bald eagle who evidently hadn't been acquainted with the separation of church and state yet. At the nearby Myakka State Park we saw a stray flamingo flying overhead, along with many roseate spoonbills and some black-crowned night herons as well. Magnificent frigatebirds are rare, but we saw them flying overhead twice (they can be easily identified by their throat pouches, while are still conspicuous when not inflated). The crested caracara is harder to identify, but it flew over occasionally.
sandhill-crane-jr-banner.jpg
  But best of all was the lake back of our house. Almost every evening we would hear our resident pair of sandhill cranes "chortling" across the lake and then flying off to roost. But one day they began to build a nest in a clump of reeds opposite us -- tweaking the grasses with their bills and inquisitively sitting on it. Then, one morning, we found them incubating their eggs, and they never flew away at night again. One chick hatched about a month later, and was quickly nicknamed "Junior." He was at first inside the nest for the most part, but then he gradually began to walk about the lake with his two parents, as viewed with our binoculars. As he grew his appearance changed from that of a small downy chick to a small tawny bird the size of a chicken, with inordinately long legs. One day we decided to go across the lake for a close-up view of the cranes, and we walked across the subdivision to the nest site. They were calmly feeding there, and they showed no signs of being afraid of us. Junior kept running from one of his parents to the other to be fed on the grubs they were digging from the ground, and now and then one of the parents would rise for a moment to see if they detected any intruders, and then resume foraging. The chick gradually grew until his fledging stage arrived -- we would see the two parents walking along the lake and flapping their wings, and Junior following, anxious to keep up with Mom and Dad. By the end, Junior was larger than his mother, and only lacked a red cap to resemble his parents almost precisely.
   The little blue herons and the white ibis seemed to get along relatively well with each other -- we'd see them making rounds across the pond, filing one by one and digging in the Great Blue Heron.jpgpond bed and grass slopes on the bank. Their heads would bob comically up and down. The ibis typically walked much faster than the herons, however, so they would generally end up at least twenty yards away. Juvenile white little blue herons would also sometimes be seen. Little and Great Blue Herons (the latter could sometimes be seen feeding on the lake, occasionally the Wurdemann's or Great White varieties) both flew with their necks bunched up in a comical fashion. Limpkins are relatively rare; they only showed themselves a few times at our pond. They would generally stand near the bank with the herons and ibises.
    Wood storks would sometimes land on the other side of the pond in the late afternoon to feed, and occasionally roost in the tall pines (very seldom, on our side of the pond), but most of the time they would fly off. Also, sometimes we would see a mysterious phenomenon; a group of birds would be flying in the distance, and then they would disappear, often when they went in front of a cloud. We then discovered it was the wood storks flying, and tilting themselves midair until we could not see the black bottoms of their wings.
    Ospreys and eagles frequented a large tree just to the left of our house, and you would sometimes see the ospreys diving for fish, flapping, hovering -- then diving. A juvenile eagle and his parent would sometimes be seen in the tree, attempting to establish authority over a raven that persisted in irritating them. There were regular battles for supremacy (in the bird world, that's the higher branch).
    We also had a chance to view the lives of moorhens, coots, and ducks in detail. In the small-bird world, there was a mockingbird pair who built a nest in our shrub, but theirs was a fussy baby who emitted regular sounds almost like a timer beep when hungry (and sometimes just as irritating). We never got to see much of the chick, who was hidden away in the foliage, but we saw the two parents entering the shrub with food and singing their melodious songs.

Good luck birdwatching and always remember these tips:
-Never get too close to a bird that it might become nervous
-Never at any time litter: a bird might learn to feed in developed places and be run over.
-If you see a hurt bird, always call the nearest wildlife rescue center. Never touch the bird, however.
-Be extra respectful of a bird with a nest.

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