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Protecting our forgotten rights

Originally published by Anthony Sanders — May 24, 2023

Robbing a bank is a crime everywhere. But in some places and times you could become a criminal just by growing vegetables, feeding the homeless, playing poker or working without a government-mandated license.

African immigrant Tedy Okech risked arrest when she started working as a hair braider. She learned the craft in her youth by practicing on her mother and sisters. When she settled in Idaho in 2005, she found neighbors willing to pay for her skills. Soon she had a thriving side gig, which supplemented her income as a part-time insurance agent.

Everyone was happy except the cosmetology police, who mandated she take hundreds of hours of school and earn an occupational license. Rather than comply, Okech filed a constitutional lawsuit, prompting Idaho lawmakers to pass licensing reforms in 2022. My public interest law firm, the Institute for Justice, represented her.

The case highlights the importance of unenumerated rights — the ones not mentioned anywhere in the Constitution. A complete list of things people may do without government permission would fill volumes. Even then, certain rights might slip through the cracks, such as the right to braid hair.

Rather than risk omissions, the framers added the Ninth Amendment to the Bill of Rights as an etcetera clause, saving gallons of ink. Using simple language, it expands the Constitution to guarantee not just enumerated rights, but “others retained by the people.” Words with similar effect, but applied to the states, were then added after the Civil War, protecting Americans’ “privileges or immunities.”

Okech should have been safe, but two problems have emerged since these amendments. First, judges and legal scholars have found ways to explain them away. Mostly they just ignore them. The Supreme Court has yet to cite the Ninth Amendment as the primary basis for a single opinion.

Second, policymakers discovered they could skirt the Constitution with little pushback from the courts, especially when it comes to unenumerated rights — which too often get second-tier status. Results over the decades have ranged from bizarre edicts, such as rules against ice cream on cherry pies in Kansas, to serious privacy invasions, such as prohibitions on private school attendance in Oregon.

The legislative overreach has continued in modern times. Miami Shores, Florida, prosecuted Hermine Ricketts and Tom Carroll in 2013 for growing vegetables in their front yard. Bullhead City, Arizona, arrested Norma Thornton for feeding the homeless at a public park in 2022. And Oklahoma criminalized tattooing from 1963 to 2006.

Many jurisdictions also restrict poker, home-baked cookie sales and educational choice. New York parents violate the law if they homeschool their children without submitting annual instruction plans and quarterly reports to the state by mandated deadlines.

Meanwhile, 17 states continue to license hair braiders. Montana was on the list until April 21, 2023, when Gov. Greg Gianforte signed a bill following Idaho’s example.

States routinely infringe on unenumerated rights. Lawmakers meet, debate and vote, giving the appearance of legitimacy to their actions. Citing the Ninth Amendment does not help when code enforcers accuse you of breaking the law—a real occurrence for hair braiders and others.

My new book, “Baby Ninth Amendments,” explores a second line of defense. State constitutions, which can expand federal guarantees of individual rights, often contain Ninth Amendment variations. These clauses, informally called “Baby Ninths,” can help rein in policymakers when they restrict safe and common activities without providing compelling reasons.

Courts typically avoid giving these Baby Ninths their due. The implications are too great. As one Iowa Supreme Court justice hysterically noted in 1869, the result would be an “unwritten Constitution” protecting all the absolute rights of the people.

Courts prefer to pick and choose when recognizing unenumerated rights. So, they make up distinctions without differences, which usually boil down to “I like these rights and not those.” Then they apply various standards of review, which they can calibrate to get desired results.

If nothing else, courts are creative. But instead of exercising the mental gymnastics necessary to protect only the unenumerated rights they like, state judges simply could activate their Baby Ninths, which are well-disposed to protect all unenumerated rights.

Judges might resist such bold action, but this is not their choice to make. People often decry judges seizing power and legislating from the bench, yet the reverse scenario is far more common: Judges shrinking from their responsibility to apply constitutional commands.

This is what happens when courts ignore a Baby Ninth — they abdicate a responsibility the people have placed in their hands. Bank robbers deserve punishment, not hair braiders.

Anthony Sanders is the author of “Baby Ninth Amendments” (University of Michigan Press, 2023). He is a senior attorney and director of the Center for Judicial Engagement at the Institute for Justice in West Lakeland, Minnesota.

This article was originally published by RealClearPolicy and made available via RealClearWire.

Zealandia: the submerged continent

A submerged continent is a continent or a large landmass that is predominantly under water. There are two known submerged continents, the Kerguelen Plateau and Zealandia. In theory, rising levels of the sea are thought to have caused the sinking of the submerged lands. Though sea level rise might be somewhat of a contributing factor to the flooding of Zealandia, one cannot rule out another contributing factor — Plate Tectonics.

Once part of the same land mass as Antarctica and Australia, the lost continent of Zealandia broke off millions of so-called years ago and eventually sank below the ocean, where it stayed largely hidden for centuries.

According to geologists, Zealandia was a shifting land mass, about half the size of Australia, and was home to dinosaurs and lush rain-forests.

During a period of dramatic geological change, the Pacific Plate – the world’s largest tectonic plate – is believed to have sank below the continental crust of Zealandia. A process, called subduction, caused the root of the Australian continent to break off and sink as well, according to the National Science Foundation, a US government research agency.

Bruce Luyendyk came up with the theory and the name of Zealandia in 1995. The landmass is thought to have once been completely submerged about 23 million years ago, but today around 93% of the land surface is below sea level. Zealandia has an area of about 1,900,000 square miles and is thought to be the biggest existing micro-continent.

In 2017 scientists argued that Zealandia has the characteristics of a continent and should be considered as such rather than a micro-continent. The total land area of Zealandia above water is 110,678 square miles, New Zealand and several neighboring islands make up 93% of the land area with an area of 103,471 square miles.

New Caledonia and its surrounding islands make up 7% of the continent’s land area at 7,172 square miles; the remainder of the area is made up of Elizabeth and Middleton reefs, Norfolk Island, and Lord Howe Island. The Zealandia population is estimated at five million.

The planet is a pretty active place. No one area is static and as a result of Plate Tectonics no one continent will maintain it’s shape or altitude above sea level for very long.

Zealandia is just one example of the many that shows proof of our ever evolving geography.

Other examples of some of the lands thought to have existed before getting submerged and lost include Sundaland, Dvaraka, Beringia, Maui Nui, Doggerland, Part of Malta, Strand, New Moore Island, Jordsand, Verdronken Land van Reimerswaal, Sarah Ann Island, Dunwich, Ferdinandea, and Ravenser Odd.

Explore the Geological Map of New Zealand

A window into the world of Doggerland

Doggerland was an extensive area of land that is now located beneath the North Sea. This massive area of land once connected Great Britain to mainland Europe.

According to a number of geological surveys, Doggerland stretched all the way from Britain’s eastern coast to modern-day Netherlands and the western coasts of Germany.

Doggerland
Doggerland (tap or click image to enlarge)

Archaeologists believe that there are countless artifacts at the bottom of the sea that need to be recovered in order to help them reconstruct what happened over 7,000 years ago. So far, vessels have brought to the surface remains of mammoth, lion, other land animals, and a number of prehistoric tools and weapons.

The area of land inhabited by ancient people was flooded by rising sea levels sometime around 18,000 and 5,500 BCE. Archaeologists believe that the area was a rich habitat for ancient human habitation during the Mesolithic Period.

Archaeologists refer to it as the real heartland of Europe. It was discovered by a team of researchers that include; climatologists, archaeologists, and geophysicists, who mapped Doggerland using new data provided by oil companies.

Divers belonging to the oil companies were responsible for making this incredible discovery. Researchers believe that this ancient land was once roamed by Mammoths and somewhat large human populations.

Recently, British scientists have started using 4D technology to explore this vast area of land in order to understand how it might have looked before it was inundated by rising sea levels over 7,000 years ago. 4D technology will allow researchers to not only find out more about the land but also about territories, colonies, and cultures dating back thousands of years.

Archaeologists believe the area spanned over 93,000 square miles and was inhabited by numerous prehistoric cultures.

Doggerland inhabitant
An assumed depiction of a Doggerland inhabitant (tap or click image to enlarge)

Researchers have been able to precisely understand the type of vegetation that grew in the region, as well as what animals roamed Doggerland. Several artifacts have been recovered during numerous diving expeditions.

Researchers have also learned a great deal about the lifestyle and behavior of the inhabitants of Doggerland, and further exploration of the area will surely yield a wealth of information that will help scientists reconstruct this world that was lost under the sea many years ago.

Doggerland was named by University of Exeter archaeologist Bryony Coles in the 1990s after the Dogger Bank, a stretch of seabed in the North Sea in turn named after the 17th century “Dogger” fishing boats that sailed there.

You can learn more about Doggerland by visiting: https://en.wikipedia.org/wiki/Doggerland#Discovery_and_investigation_by_archaeologists

A Cat called Room 8

Cats are pretty interesting creatures.

“Room 8” ( 1947–1968 )

Room 8 was a neighborhood cat who wandered into a classroom in 1952 at Elysian Heights Elementary School in Echo Park, California.

He lived in the school during the school year and then disappeared for the summer, returning when classes started again.

This pattern continued without interruption until the mid-1960s.

News cameras would arrive at the school at the beginning of the year waiting for the cat’s return; he became famous and would receive up to 100 letters a day addressed to him at the school.

Eventually, he was featured in a documentary called Big Cat, Little Cat and a children’s book, A Cat Called Room 8.

Look magazine ran a three-page Room 8 feature by photographer Richard Hewett in November 1962, titled “Room 8: The School Cat”.

Leo Kottke wrote an instrumental called “Room 8” that was included in his 1971 album, Mudlark.

As he got older, Room 8 was injured in a cat fight and suffered from feline pneumonia, so a family near the school volunteered to take him in.

The school’s janitor would find him at the end of the school day and carry him across the street.

Room 8 died at the Lockhart Pet Hospital in Hollywood, California in 1968.

His obituary in the Los Angeles Times rivaled that of major political figures, running three columns with a photograph.

The cat was so famous that his obituary ran in papers as far away as Hartford, Connecticut.

The students raised the funds for his gravestone. He is buried at the Los Angeles Pet Memorial Park in Calabasas, California.

Learn more about Room 8 by visiting http://web.archive.org/web/20230207154257/https://elysian-lausd-ca.schoolloop.com/room8

Where was Great Falls, Montana 430 million years ago

A California paleontologist has created an interactive map that allows people to see how far their hometowns have moved over 750 million years of continental drift.

Ian Webster says, “That the history of Earth is longer than we can conceive, and the current arrangement of plate tectonics and continents is an accident of time. It will be very different in the future, and Earth may outlast us all.”

Webster built the map as a web application that sits on top of another map which visualizes geological models created by geologist and paleogeographer Christopher Scotese. Scotese’s models describe plate tectonic development since 750 million years ago, not long after green algae first evolved in the Earth’s oceans.

Webster’s site also utilizes GPlates, a software used by geologists to visualize plate tectonic reconstructions and associated data through geological time.

Webster’s map visualization lets users enter their location and then plugs that location into plate tectonic models. The result is that users can see where towns and cities were located hundreds of millions of years ago. For example, you can pretty much see where any city in the world was located on the Pangea super continent.

When searching a location on the map, the website’s 3D rotatable globe will point out where on Earth that area was located million of years ago. The map will even show users what dinosaurs used to live nearby in the area they search.

 

You can visit the full globe on Ian’s site by clicking in the Full Globe link in the above graphic or by following this link if your phone doesn’t show the above graphic: https://www.dinosaurpictures.org/ancient-earth/#0

GPlates

GPlates and pyGPlates are both free software (also known as open-source software), licensed for distribution under the GNU General Public License (GPL), version 2.

GPlately is a Python package which enables the reconstruction of data through deep geological time (points, lines, polygons, and rasters), the interrogation of plate kinematic information (plate velocities, rates of subduction and seafloor spreading), the rapid comparison between multiple plate motion models, and the plotting of reconstructed output data on maps.

GPlates is funded by AuScope:

GPlates development by the EarthByte Project is part of the AuScope infrastructure-development programme. AuScope Ltd is a non-profit company formed to facilitate the implementation of a world-class infrastructure system for earth science, funded by the Australian Government under the National Collaborative Research Infrastructure Strategy (NCRIS).

You can visit the Dinosaur database here: https://dinosaurpictures.org/