text:
26 Valparaiso University Law Review 419 (1991)
Randy E. Barnett
On the first day of his Supreme Court confirmation testimony, Robert Bork described teaching a constitutional theory seminar at Yale Law School in
which he tried to justify what he called "a general right of freedom" 1 from the various provisions of the Constitution. He recalled that Alexander Bickel, with whom he taught the course, "fought me every step of the way; said it was not possible. At the end of six or seven years,
I decided he was right." 2 The next day, Bork testified:
I do not think you can use the Ninth Amendment unless you know something of what it means. In taking these two positions, former Judge Bork was, unfortunately, well within the mainstream of constitutional thought. For two hundred years the Supreme Court of the United States has never seriously considered a general constitutional right to liberty; at the same time it has, with few exceptions, treated the Ninth Amendment as though it were an ink blot I suggest that the failure to find a 'general right of freedom' in the Constitution is connected to a general inability to understand the Ninth Amendment's declaration that: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." 4 The bicentennial of the ratification of the Bill of Rights-including the Ninth
Amendment-is an appropriate time to consider the important role that the Ninth Amendment can play in protecting our liberties under the Constitution. Indeed, in this essay I shall explain how an interpretation ignoring the
Ninth Amendment makes the Constitution look entirely different from one that takes the Ninth Amendment seriously. Any understanding of how the Ninth Amendment can work harmoniously with the rest of the Constitution, however,
requires a brief examination of the origins of this intriguing and pregnant passage.THE ORIGINS OF THE NINTH AMENDMENT The origins of the Ninth Amendment can be traced to the debate surrounding the
ratification of the Constitution. The Antifederalists, who opposed ratification, concentrated much of their attack on the absence of a bill of rights. Although many Antifederalists were probably more concerned with
defeating the Constitution than with obtaining a bill of rights, they repeatedly pressed this charge because it struck a responsive cord with the people. The Federalists who supported ratification, such as Alexander Hamilton
and James Wilson, gave two answers to this complaint. First, they said that a bill of rights was unnecessary. Because the federal
government was one of enumerated and limited powers, it would have no power to violate the rights of the people. "Why, for instance," asked Hamilton, 'should it be said that the liberty 'of the press shall not be
restrained when no power is given by which restrictions may be imposed?" Neither argument against a bill of rights carried the day. Antifederalist responded tellingly by turning these Federalist arguments against the
Constitution itself. They noted that the Constitution already enumerated some of the rights of the people-such as the protections against ex post facto laws and bills of attainder in Article I, Section 9, and the right to a
jury trial in criminal cases in Article III, Section 2. If an incomplete enumeration was dangerous as the Federalists had so strenuously argued, then the severely incomplete list of rights already in the Constitution was dangerous
indeed. No further harm could be done by expanding the list. When it became clear that the Constitution was headed for defeat, the Federalists turned the
political tide by promising to support a bill of rights after ratification. Several state conventions accompanied their ratification of the Constitution with lengthy lists of rights and other provisions they wanted added at
the first opportunity. By this maneuver, the proponents of the Constitution deprived the Antifederalists of their principal argument against ratification.
However, getting Congress to consider a bill of rights turned out to be no easy feat. The congressional record shows Representative James Madison repeatedly urging the House to take up the matter only to be told by various
congressmen that enacting the first tax bill was far more important than enacting a bill of rights. Eventually, in a lengthy and revealing speech, Madison proposed a series of amendments to the Constitution. He
explained that a bill of rights was needed, not only to quiet the fears and suspicions of those who still doubted the new Constitution and to induce those states who had not ratified the Constitution to do so, but also to better
protect the liberties of the people, As Madison observed:
If they are incorporated into the constitution, independent tribunals of justice will consider In his speech, Madison took up the Federalist argument he himself had made during the ratification debates that any effort to enumerate rights would be dangerous:
It has been objected also against a bill of rights, that, by enumerating particular exceptions The passage Madison referred to was the precursor of the Ninth Amendment which read as follows:
The exceptions here or elsewhere in the constitution, made in favor of particular rights, shall Madison's proposals were referred to a Select Committee of the House which was created to consider what amendments to the Constitution might be appropriate.
Although there is much that is controversial about the Ninth Amendment, the story of its enactment that I have just summarized is not. In light of this
history, the original meaning of the Ninth Amendment is clear: When forming a government the people retained rights in addition to those listed in the Bill of Rights. But while the meaning of the Ninth Amendment may be clear,
its implications for constitutional adjudication are not. Are the unenumerated rights judicially enforceable as the enumerated rights have come to be? If so, what exactly are these rights? For most, the answer to
the first of these questions hinges on our ability to answer the second. As Robert Bork observed: "Senator, if anybody shows me historical evidence about what they meant, I would be delighted to do it. I just do
not know." There is little question that the rights retained by the people refer, at least in part, to what are called 'natural rights"-that is, the rights
people have independent of those they are granted by a government and by which the justice of governmental action is to be judged. Despite their many differences, the Framers of the Constitution shared a common belief that
although the people may delegate certain powers to their agents in government, they still retain their natural rights. This belief is illustrated by one provision of a recently discovered draft of a bill of rights written by
Representative Roger Sherman, who served with Madison on the House Select Committee that drafted the Bill of Rights:
The people have certain natural rights which are retained by them when they enter into Society, T'his list, which was not intended to be exhaustive, includes some rights that were eventually enumerated in the Bill of Rights. Others, such as the rights to acquire property and pursue happiness and safety, were left unenumerated. The Ninth Amendment establishes that no one should conclude that, because some powers had been delegated to government and some rights had been singled out, the other unenumerated retained rights were, in Madison's words, 'assigned into the hands of the General Government, and were consequently insecure." 11 T'ne problem with putting the Ninth Amendment into effect today is that many no longer appreciate the natural rights that the Constitution's Framers took for granted. Yet if the Framers had anticipated the modern philosophical skepticism about natural rights, they would never have settled for the few rights that were enumerated. Fortunately, there is a practical method of interpreting unenumeratod rights that does not require us to agree on a comprehensive list of unenumerated rights. Before considering this method, let me briefly describe what I have elsewhere called the "originalist method" of identifying unenumerated rights." 12 THE ORIGINALIST METHOD AND ITS LIMITS To discern
those unenumerated rights the Framers had in mind, we might begin, as Robert Bork suggested, by examining the written records of the period, including the numerous rights proposed by the ratification conventions,"
13 and the theoretical writings of the Framers. 14 No ink blot prevents us from reading these materials. I have already mentioned the right
to acquire property as one that the Framers unquestionably believed to be a natural and inalienable right which was retained by the people when forming a government. Freedom of conscience is another. Although a list of
rights developed by using an originalist method of interpretation may be viewed as truncated-even from the Framers' perspectives truncated list is better than none.
The originalist method will hardly suffice, however. The Framers believed it was dangerous to enumerate any rights because the rights of the people are
boundless. As James Wilson, a natural-rights theorist explained, "there are very few who understand the whole of these rights." there are many powers and rights, which cannot be particularly enumerated. A bill of rights
Rights are unenumerable because rights define a private domain within which persons have a right to do as they wish, provided their conduct does not encroach upon
the rightful domain, of others. As long as their actions remain within this rightful domain, other persons-including the government-should not interfere. Because people have a right to do whatever they please within the
boundaries defined by natural rights, this means that the rights retained by the people are limited only by their imagination and could never be completely specified or enumerated.
This open-ended conception of rights is illustrated by a fascinating exchange that occurred during the debate in the House over the wording of what eventually
became the First Amendment proposed by the House Select Committee. At one juncture in the debate, Representative Theodore Sedgwick criticized the committee's inclusion of the right of assembly on the grounds that 'it is a
self-evident, unalienable right which the people possess; it is certainly a thing that never would be called into question; it is derogatory to the dignity of the House to descend to such minutiae. . . ."
Notice that Sedgwick was not denying that one had a right to wear one's hat or go to bed when one pleased. To the contrary, he equated these
inherent rights with the right of assembly which he characterized as 'self-evident' and unalienable." 21 Indeed, Representative John Page's reply to Sedgwick made this explicit '[L]et me observe to him," said Page:
that such rights have been opposed, and a man has been obliged to pull off his hat when he Sedgwick's point was that the Constitution should not be cluttered with a potentially endless list of trifling rights that "would never be called in[to] question"
23 and were not "intended to be infringed." 24
Sedgwick's argument implicitly that the 'self-evident, unalienable,' and inherent liberty rights retained by the people are unenumerable because the human imagination is limitless. It includes the right to wear a hat, to get up when one pleases and go to bed when one pleases, to scratch one's nose when it itches (and even when it doesn't), and to take a sip of Diet Coke when one is thirsty.
But this returns us to the most controversial aspect of the Ninth Amendment. How can such unenumerable rights find legal protection
without empowering judges simply to make up whatever rights may appeal to them? Raoul Berger, for one, has charged that any effort to protect the unenumerated rights referred to in the Ninth Amendment would provide -a bottomless well in which the judiciary can dip for the formation of undreamed of 'rights' in their limitless discretion. . . ."
As long as they do not violate the rights of others (as defined by
the common law of property, contract and tort), persons are presumed to be "immune" from interference by government. This presumption means that citizens may challenge any government action that restricts their
otherwise rightful conduct, and the burden is on the government to show that its action is within its proper powers or scope. At the national level, the government would bear the burden of showing that its acts were both
"necessary and proper" to accomplish an enumerated function, rather than, as now, forcing the citizen to prove why it is he or she should be left alone. At the state level, the burden would fall upon state
government to show that legislation infringing the liberty of its citizens was a necessary exercise of its 'police power'-that is, the state's power to protect the rights of its citizens.
Any society such as ours that purports to be based on a theory of limited government already assumes that legislation must be a proper exercise of government
power. The presumption of liberty simply requires that when legislation or executive actions encroach upon the liberties of the people, they may be challenged on the grounds that they lack the requisite justification.
And a neutral magistrate must decide the dispute. As Madison observed in The Federalist No. 10:
No man is allowed to be the judge in his own cause, because his interest would certainly bias When legislation encroaches upon the liberties of the people, only review by an impartial judiciary can ensure that the rights of citizens are protected and that justice holds
the balance between the legislature or executive and the people. Lest anyone think this point is obvious let me hasten to note that today the
presumption used by the Supreme Court is precisely the reverse. According to what the Court calls the 'presumption of constitutionality," legislation will be upheld if any "rational basis' for its passage can be
imagined, unless it violates a "fundamental" right-and liberty has not been deemed by the Court to be a fundamental right. As the Court stated in United States v. Carolene Products Co.:
While the presumption of liberty is not the only implication of the Ninth Amendment, it provides a practical and powerful method of protecting unenumerated
rights. As lawyers well know, the outcome of legal disputes is often determined by the burden of proof. For example, the First Amendment has been held to impose a serious burden on the government to justify any of its
actions that restrict the natural right of free speech. In countless cases, this "presumption of free speech" has effectively protected this retained but enumerated right. The Ninth Amendment simply extends
the same protective presumption to all other exercises of liberty. Although originally the Ninth Amendment, like the rest of the Bill of Rights, was
most likely intended by the Framers to be enforced only against the federal government, this was not because it was thought that the people had surrendered all their rights to state governments-a suggestion belied by the swift
incorporation into most state constitutions of provisions identical to the Ninth Amendment. Indeed, many rights such as the right of conscience or the right to acquire property-were thought to be unalienable, which means that the
people could not surrender them to any government even if they wanted to. Rather, the Congress and the federal courts originally lacked jurisdiction
to protect the retained -privileges or immunities" of citizens from abuses by their states. As we all know, this arrangement was fundamentally changed by the enactment of the Fourteenth Amendment after the civil war. Today, if a state government infringes upon a right the people retained against their respective states, there is no Jurisdictional barrier preventing Federal protection of this right.
To see how a presumption of liberty might operate today, consider Congress's power under Article 1, Section 8 to 'establish post offices.' Having exercised this
establishment power, Congress is free under the Necessary and Proper clause to regulate the operation of its post offices in any manner it sees fit. However, what happens when Congress, allegedly pursuant to its postal
powers, goes beyond its power to administer its own offices and claims the further power to establish a postal monopoly, as it has? According to the now prevailing presumption of constitutionality, Congress would be free to
establish a monopoly unless either potential competitors or consumers of postal services could prove that this claimed government power violates a fundamental right. For example, competitors might allege a fundamental right
to carry first class mail, while recipients of mail could claim they had a fundamental night to send first class mail by an), means they chose. Because these rights sound trivial rather than fundamental they are easy to
disparage-almost as easy to disparage as the trifling right to wear a hat or go to bed when one pleases. Consequently, courts have not barred the Congress from establishing its monopoly or even inquired very seriously, as to
whether such laws are truly necessary or proper. With judges lacking a proper view of the Ninth Amendment, today the outcome of such a lawsuit would be virtually pre-determined: the government wins and the citizen loses.
A presumption of liberty, however, would shift the burden of proof from the citizen to the government. Instead of imposing the burden on the citizen to
establish the violation of a "fundamental" right, a burden would be imposed on the government, in this case upon Congress, to show a compelling why it is both n and proper to grant its own post office a legal
monopoly. In enacting the Constitution, the people retained their unenumerated right to establish their own private post offices if they so chose. They neither expressly nor impliedly surrendered this right up to the
general government. The Ninth Amendment serves as an ever-present reminder that the mere fact that such a right is left out of the Bill of Rights ought not to suggest otherwise.
In a speech before the second House of Representatives, the author of the Ninth Amendment, James Madison himself, used it in a strikingly similar
fashion to object to the pending bill to establish a single national bank on the grounds that the bill was unconstitutional. His usage also helps clarify the relationship between the Ninth Amendment's protection of the rights
retained by the people and the Tenth Amendment's injunction that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the
people." Madison examined the Constitution at length to see if the power to create such a bank could be found among any of those delegated
to the government and be concluded that 'it is not possible to discover in [the Constitution] the power to incorporate a Bank."
Madison's argument here reflects one of the reasons he had offered for adopting a bill of rights during his speech the year before to the first House of
Representatives in which he proposed amendments to the Constitution:
It is true, the powers of the General Government are circumscribed, they are directed to particular Madison contended that a bill of rights was one way to police abuses of this lawmaking discretion. In evaluating whether the Necessary and Proper Clause
justified the claimed power to create a national bank, Madison contrasted the requirement of necessity with that of mere convenience or expediency. 'But the proposed bank," he said:
could not even be called necessary to the Government; at most it could be but convenient. Its Notice that Madison was not simply making what would now be called a "policy" choice. Earlier in his address to the House, Madison did address the policy issues raised by the proposal when he 'began with a general review of the advantages and disadvantages of Banks." 35 However, "[i]n making these remarks on the merits of the bill, he had reserved to himself the right to deny the authority of Congress to pass it." 36 Rather, in the passage I quoted, Madison is making the constitutional argument that these other means of accomplishing an enumerated object or end are superior precisely because they do not entail the violation of the rights retained by the people and are therefore to be preferred in principle. In particular, these measures do not involve the grant of a monopoly, "which," in Madison's words, "affects the equal rights of every citizen." 37
In other words, there is a difference in principle
between these alternative means; just as there is a difference in principle, not merely policy, between drafting citizens and paying volunteers as the congressional power to "raise and support Armies..."
38 Although Article I, Section 8 delegates this power to Congress, when it chooses a
means of accomplishing this end that intrudes upon the liberties of the people, as a military draft does, then it must justify this rights infringement by showing that its acts are genuinely necessary and proper. The
government must show that it cannot accomplish its constitutionally delegated end by means that do not trespass upon the rights retained by the people. Finally,
in his bank speech Madison also questioned the proposed exercise of the Necessary and Proper Clause on the grounds that the power claimed was highly remote from any enumerated power. "Mark the reasoning on which the
validity of the bill depends," he observes:
To borrow money is made the end, and the accumulation of capitals implied as the means. If implications, thus remote and thus multiplied, can be linked together, a chain may be formed The latitude of interpretation
required by the bill is condemned by the rule furnished by the As authority for this "rule" of interpretation, Madison cited the Ninth Amendment:
The explanatory amendments proposed by Congress themselves, at least, would be good authority Thus, Madison viewed the Ninth and Tenth Amendments as playing distinct roles. Madison viewed the Tenth Amendment ("The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people") as authority for the rule that the Congress could only exercise a delegated power. For example, in the illustrations I have used, Congress could not establish a post office or raise and support armies without a delegation of power to pursue these ends. In contrast, Madison viewed the Ninth Amendment as providing authority for a rule against the loose construction of these powers-especially the Necessary and Proper Clause-when legislation affects the rights retained by the people. As Madison concluded in his bank speech: "In fine, if the power were in the Constitution,the immediate exercise of it cannot be essential; if not there, the exercise of it involves the guilt of usurpation. . . ." 41 In my examples, because a postal monopoly and a military draft infringe upon the rightful liberties of the people, these are suspect means for pursuing delegated ends. 'nose claiming that legislation restricting the rightful liberties of the people falls under a delegated power have the burden of showing that it is a genuinely n and proper exercise of such a power. As I have argued elsewhere, constitutional rights-including unenumerated rights-operate both as "means-constraints" and as "ends-constraints." 42 Once the Ninth Amendment is viewed as establishing a presumption of liberty thereby placing a burden of Justification
on the government, every action of government that infringes upon the rightful liberties of the people can be called into question. Is it really necessary that persons-particularly poor persons-obtain licenses requiring
extensive testing in such subjects as chemistry before they may work as beauticians? Is it really necessary that government limit the number of taxicabs it licenses so that the price of taxicab medallions in some cities
reaches $10-20,000 or even higher? Or are all these and other similar measures really ways by which a privileged few seek to eliminate lower priced competition? Is it really necessary to criminalize the sale and use of
intoxicating substances, or is a 'drug-free' society better achieved in ways that do not infringe upon the liberties of the people-perhaps by the sort of education and social pressure that is currently being used so effectively to
combat the use of nicotine in cigarettes and the abuse. of alcohol. Even the current government restrictions that limit the practice of law to those who have attended three years of law school would not be beyond challenge
and scrutiny. None of these or any other Ninth Amendment claim can be decided in the abstract-by which I mean without taking into account the specifics of
particular legislation and the factual context in which it is applied. What the Ninth Amendment requires, however, is that such claims as these be evaluated when liberty-restricting legislation is challenged by a
citizen. Adopting the presumption of liberty would make this requirement effective. This is not to say that the government would never be able to
meet its burden. I fully expect that if a presumption of liberty is established, the courts would find that government has met its burden far more often than they should. We must never forget that the Supreme Court once
upheld the government's power to imprison American citizens of Japanese descent in prison camps because of the threat to national security these citizens allegedly posed.
Nor does the presumption of liberty establish a license to do whatever one wishes. Liberal political theorist John Locke put the matter as follows:
But though this be a State of liberty, yet it is not a State of License . . . . The State of Nature As I mentioned earlier, justice, which is to say rights, defines the boundaries within which one may do as one wishes. According to this conception of liberty,
one cannot permissibly infringe upon the rightful domains of others. According to Locke, in the state of nature, "all Men may be restrained from invading others Rights, and from doing hurt to one another."
The common law of property, contracts, and torts has traditionally defined the extent and nature of these boundaries. Tortious conduct is not a "rightful" exercise of one's liberty; one has no constitutional right to commit trespass upon the land of another. Provided that one is acting rightfully in this sense, however, a presumption of liberty would require government to justify any interference with such conduct.
Finally, a presumption of liberty does not authorize judges to usurp either legislative or executive functions. Protecting the rights of
individuals and associations to act or refrain from acting in ways that do not violate the common-law rights of others, neither empowers judges to create new "positive rights" nor authorizes them to enact taxes to pay for such
rights. Judges may only strike down offending legislation-and judicial negation is not legislation. Assuming they have the political will, the other branches of government have more than enough power to defend
themselves from judicial encroachment. What is the future of the Ninth Amendment? In law, as in most areas of life, betting that the future is going to be pretty much like the past is usually the safest wager. If this turns out to be true, then the Ninth Amendment, which has been so tragically neglected by the Supreme Court over the past two centuries, is doomed to remain in it state of desuetude. But while betting against change may be the most conservative gamble, it is often a losing one. The past twenty years has witnessed a trend in the direction of a revived Ninth Amendment. In particular, a renewed interest in the views of the Framers of the Constitution and of the Civil War amendments has caused those who favor an expansive judicial protection of fundamental rights to focus attention on the original intent of the Ninth Amendment. Moreover, the Framers' concept of natural rights is no longer in disrepute. If the Senate confirmation hearings of Judge Robert Bork to the Supreme Court of the United States was a watershed development in the legitimation of the Ninth Amendment, the confirmation hearings of Justice Clarence Thomas may prove to have a similar effect on the legitimacy of natural rights. 46 Although, with the
addition of Justices Scalia, Kennedy, Souter, and Thomas to the Supreme Court and the elevation of William Rehnquist to Chief Justice, "conservatives" appear now to be in firm control of the Court, the type of "judicial
conservatism" that will eventually emerge in the third century of the Bill of Rights is still very much in doubt. Will it be a majoritarian conservatism of judicial deference to majority will as expressed in
legislation? Or will it be a more libertarian conservatism that views the courts as neutral magistrates empowered to protect the individual from the government? 47
Which of these conservatisms comes eventually to prevail will depend, perhaps in principal part, upon whether a majority of the Court ran be persuaded to take James Madison's Ninth Amendment and its pivotal role in constitutional interpretation to heart.
Which judicial philosophy prevails will also depend upon whether proponents of the Ninth Amendment will take a more principled stance towards so-called
fundamental liberties. The liberties each person holds "fundamental" are imperiled when advocates of some liberties they hold dear are more than willing to deny or disparage the liberties thought fundamental by
others. For example, many if not most of those favoring a fundamental right of privacy that includes a woman's "right to chose" to terminate a pregnancy offer no support to and indeed would actively oppose those who
favor a fundamental "right to choose" to engage in a lawful occupation-such as driving a taxi cab-free from protectionist economic regulations. And few seem at all concerned with the fundamental "right to
choose" whether or not to own a gun or to alter one's mental state by means of substances as alcohol, nicotine, peyote, or heroin. According to this discriminatory methodology, if some choices are deemed fundamental, other
rights-respecting choices are vilified and ridiculed. However, by picking and choosing among all the unenumerable liberties of the people to determine
which choices are fundamental and which are not, those who would limit judicial protection to those liberties deemed fundamental are putting courts in the difficult position of establishing a hierarchy of liberties. This
contributes to the longstanding fear that any revival of the Ninth Amendment would place courts in the role of a "super-legislature" usurping the functions of other branches. When interpreted as justifying a
presumption of liberty, however, I think this fear of the Ninth Amendment is unfounded precisely because such a presumption provides a principled defense of all
liberties of the people and removes the courts from having to decide which liberty is truly fundamental and which is not. In sum, adopting the presumption of
liberty would enable us finally to acknowledge the Ninth Amendment's unique constitutional function by resisting legislative or executive usurpation of the unenumerated rights "retained by the people" while, at the same time,
avoiding unfettered judicial discretion. The presumption of liberty would permit us finally to remove the ink blot from the Ninth Amendment. I can think of no better way to celebrate its two hundredth birthday.
* Norman and Edna Freehling Scholar and Professor of Law,
Illinois Institute of Technology, Chicago-Kent College of Law. This article is adopted from a lecture given at the Valparaiso University School of Law on November 16, 1991. It will also appear in AFTER 200 YEARS: THE
BILL OF RIGHTS IN MODERN AMERICA (David Bodenhamer & James W. Ely Jr. eds., forthcoming 1992)1
1 NOMINATION OF ROBERT H. BORK TO BE ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES: HEARINGS BEFORE THE SENATE COMM. ON THE JUDICIARY 117 (1989) (testimony of Robert Bork)[hereinafter NOMINATION HEARINGS).2 Id.3 Id. at 249.4 U.S. CONST. amend. DC.5 THE FEDERALIST No. 84, at 631 (Alexander Hamilton) (John Hamilton ed., 1873).6 1 ANNALS OF CONG. 457 (Joseph Gales & William Seaton eds., 1834) (statement of Rep. Madison).7 Id. at 456.8 Id. at 452.9 NOMINATION HEARINGS, supra note 1, at 249.
10 See, Roger Sherman's Draft of the Bill of Rights, in THE RIGHTS RETAINED BY THE
PEOPLE: THE HISTORY AND MEANING OF THE NINTH AMENDMENT 351, app. A (Randy E. Barnett ed., 1989) (emphasis added [hereinafter R. BARNETT]. Along the same lines, Madison had proposed to Congress that the following be
added as a prefix to the Constitution, 'The Government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and
generally pursuing and obtaining happiness and safety.' ANNALS OF CONG., supra note 5, at 45 1.11
Id. at 456.12 See Randy E. Barnett, Reconceiving The Ninth Amendment, 74 CORNELL L. REV. 1, 30 (I988) [hereinafter Barnett).13
Eight of the state ratification conventions officially accompanied their ratification with scores of amendments or revisions to the Constitution. Some of these were eventually included in the Bill of Rights. Others were not. For these proposals
see THE DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION OF THE FEDERAL CONSTITUTION, 338 (Jonathan Elliot ed., 2d ed. 1836). They have been reprinted in R. BARNETT, supra note 10, at 353-85.14 See e.g. Wilson,
Of The Natural Rights of Individuals, in 2 THE WORKS OF JAMES WILSON 307 (J.D. Andrews ed., 1896).15
2 J. ELLIOT, supra note 13, at 454 (remarks of James Wilson).16 Id.17
2 THE DOCUMENTARY HISTORY OF THE RATIFICATION OF THE CONSTITUTION 388(Merrill Jensen ed., 1976) (statement of James Wilson to the Pennsylvania Ratifying Convention, Nov. 28, 1787).18 1 ANNALS OF CONG., supra note 5, at 759 (statement of Rep. Sedgwick).19 Id.
at 759 (statement of Rep. Benson).20 Id.
at 759-60 (statement of Rep. Sedgwick).21
1 ANNALS OF CONG., supra note 5, at 759 (statement of Rep. Sedgwick).22 Id. at 760 (statement of Rep. Page).23
Id. at 759 (statement of Rep. Sedgwick).24
Id. at 760 (statement of Rep. Sedgwick).
25 Raoul Berger, The Ninth Amendment, 66 CORNELL. L. REV. 1, 2 (1980).26 THE FEDERALIST No. 10, at 107 (James Madison) (John Hamilton ed., 1873) (emphasis added).27 304 U.S. 144 (1938).
33 |


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MARK MALLOCH-BROWN served as a World Bank Vice-President, as the first non-American head of the United Nations Development Program, and as Chief of Staff and Deputy Secretary-General to Secretary General Kofi Annan. Most recently, he was Minister for Africa, Asia, and the UN in the government of Gordon Brown.
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Found February 04, 2012 on
Derick Brassard scored his second goal with 1:05 left in overtime, and the Columbus Blue Jackets snapped their six-game skid with a come-from-behind 3-2 victory over the Anaheim Ducks on Friday night.
Original Story:
Brassard's OT goal lets Jackets end skid
Blue Jackets 3, Ducks 2, OT
Ducks blow lead, fall to Blue Jackets in OT
Blue Jackets snap skid, beat Ducks in OT
Jackets edge Ducks in OT, snap six-game skid
Jackets top Ducks in OT, end 6-game skid (AP)
Blue Jackets snap skid, beat Ducks in OT
Jackets beat Ducks in OT to snap six-game skid
Ducks can't stop Blue Jackets' rally in 3-2 overtime loss
Derick Brassard scores OT winner as Columbus snaps 6-game skid with 3-2 win over Anaheim
Recap: Anaheim vs. Columbus
POST GAME: at Anaheim
Blue Jackets Prevail Over Ducks in OT
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Product Description
This is a Short Story!
Ring Around the Rosie, a centuries old children's song known by all. We all remember the song and dance, people telling us it was about the Great Plague...but what if the song was really a warning for something else?
Aaron is a normal boy fascinated with music. He loves playing his flute so much he doesn't even mind lessons over summer break. When he meets a strange boy at the park who seems to be just as obsessed they spend summer days entertaining children in the parks woods. But friends often have secrets, music can be magical, and even the most innocent of children's games can be more than they appear.This story contains NO violence, foul language or sex.


text:
Not only does designer Cecilia Hammerborg know how to rock grey velvet leggings (we're pretty jealous already) but that berry red tiered winter coat is just the ticket for brightening up a day like today. It's from her own label Hearts and Hands and well, we do heart the colour very much. Her fairisle gloves reflect her studded ankle boots and her Carpisa bag blends well with her coat. But what do you like about her outfit? Remember, the most constructive comments could get printed in Grazia magazine. And don't forget to check out Style Hunter's other ladies here.
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I love this product. I'm pretty obsessed with honey, and the smell is to die for. A little goes a long way. Amazing! It's my new favorite.
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Campground Search
204664 User submitted reviews online!!
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Amado, Arizona
De Anza RV Resort
[ 9/10 ]
This campground is under recent new ownership (a year or so), and the owners are hard at work to make this a sought destination. The area is growing fast and there are a number of golf courses in the area. Other campers in the campground laude the owner's efforts to satisfy the residents. I'd go out of my way to come back. Rates are very good.
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[ 5/10 ]
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Audrey Brooke Snake Paramount Satchel
Sorry, this item is sold out!
Looks like you've got more shoe shopping to do - have fun!
Looks like you've got more shoe shopping to do - have fun!
Item # 254730
Get a polished look with the help of Audrey Brooke. The Snake Paramount Satchel is rich and sophisticated, and gives you plenty of space for all of your essentials.
- Snake skin embossed leather satchel
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- Removable chainlink shoulder strap with 14" drop
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- Detachable logo keychain ornament
- Two zip compartments with fabric lining, zip pocket and two slip pockets
- Dimensions: 16" x 6" x 11"
- Imported


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OPEN DAILY 10 a.m. to 6 p.m.
Get VIP access to get up-close, feed, and touch Aquarium animals.
Use this handy form to ask the Aquarium expert. We have scientists who know amphibians, birds, fish, insects, invertebrates, reptiles or mammals.
Home » Our Animals » Plants
It's usually the fabulous fish - not flora - people think of before they visit the Tennessee Aquarium. But once visitors experience one of the Aquarium's three indoor forests under glass, they are transported to an Appalachian cove forest, the Mississippi Delta or a tropical rainforest.
For a working list of all plant species, go to www.theplantlist.com.


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welcome to xbox 360 cheats - over 6877 xbox 360 cheats and codes!
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Game: Saint's Row 2 Publisher: THQ Developer: Volition Inc. Genre: Action Game Description: Saints Row 2 is the sequel to the popular Saints Row; it had been anticipated on the Xbox 360 for some time now. The question that is raised now that Saints row 2 has been released is whether or not a Grand Theft Auto 4 killer is born!
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3 hrs ago | Scientific Computing/Instrument.
Van Allen Probes Observations Help Improve Space Weather Models
Using data from NASA's Van Allen Probes, researchers have tested and improved a model to help forecast what's happening in the radiation environment of near-Earth space - a place seething with fast-moving particles and a space weather system that varies in response to incoming energy and particles from the sun.
Trending on the Topix Network
7 hrs ago | Reuters
U.S. Air Force looking to revamp, cut costs of space programs
To tackle a rising demand for space-based surveillance in an era of flat budgets, the U.S. military is looking at smaller satellites, cheaper rockets and partnerships, the head of Air Force Space Command said on Tuesday.
10 hrs ago | Switched
Space Junk Problem Has Scientists Eyeing Some Pretty Innovative Solutions
There's a lot of stuff floating around our planet, including dangerous space junk as well as working satellites.
14 hrs ago | New Scientist
First twin astronauts take on space microbiome
Twin astronauts are ready to shed blood for space exploration - and that could lead to insights into some of the hottest topics in biomedicine.
14 hrs ago | Newswise
UF/IFAS Scientists to Conduct Experiment on Plants in Space
GAINESVILLE, Fla. --- Two University of Florida scientists will go to Kennedy Space Center March 16 for the launch of the SpaceX-3 Dragon capsule to the International Space Station, to send up and then monitor an experiment designed to help them understand biological functions in space.
17 hrs ago | TechEBlog
16 Mind-Blowing Pictures Captured by NASA's Hubble Space Telescope
Although not the first space telescope, Hubble is one of the largest and most versatile, and is well known as both a vital research tool and a public relations boon for astronomy.
22 hrs ago | The Indian Express
American, two Russians back on Earth after half-year in space
Two Russian cosmonauts and an American astronaut today landed back on Earth in Kazakhstan after a stay of more than half a year aboard the International Space Station, mission control said.
Yesterday | Sys-Con Media
NASA Orion Spacecraft Mock-up Arrives at Langley, Media Invited
The capsule recently arrived at Langley for testing that will examine how it performs under a variety of ocean landing conditions.
Eye Candy for Space Geeks: 38 Stunning Photos From 'Cosmos'
Astrophysicist Neil deGrasse Tyson takes viewers up from the oceans of Earth, out past the sun and into the vast beyond of what we call space, all as a part of Sunday's inaugural episode of Cosmos: A Spacetime Odyssey .
Manitowoc Herald Times Reporter
Film on young astronaut hopeful beamed to space station
There will be no red carpet, no paparazzi, no screaming fans. But the upcoming showing of a new film will have a certain cachet all the same: It will take place in space, in what may be the most expensive movie theater of all time.
Film on young astronaut hopeful beamed to space station
There will be no red carpet, no paparazzi, no screaming fans. But an upcoming film premiere will have a certain cachet: it will take place in space, and the audience will be made up of astronauts.
Despite Diplomatic Tensions, U.S.-Russian Space Ties Persist
Parachutes will open, and the duo's Russian-built Soyuz capsule will touch down on the remote, frozen plains of the central Asian republic of Khazakstan.
Van Allen Probes Helping To Refine Space Weather Computer Models
Image Caption: NASA's Van Allen Probes orbit through two giant radiation belts that surround Earth.
Australian Astronomers to 'Zap' Dangerous Space Junk with Powerful Lasers
NASA's Aqua satellite passed over the United States multiple times showing winter weather, allowing the Moderate Resolution Imaging Spectroradiometer on board to capture this true-color image of a massive winter storm moving up the eastern seaboard, as shown in the NASA photo taken January 2, 2014.
Zap! Australian scientists look at lasers to cull space junk
It may sound like science fiction but an Australian team is working on a project to zap orbital debris with lasers from Earth to reduce the growing amount of space junk that threatens to knock out satellites with a "cascade of collisions".
NASA engineer's explanations to boy
Ted Garbeff, 30, of Scotts Valley, responded to questions from 4-year-old British boy Lucas Whiteley last week with a 10-minute YouTube video.
First Japanese astronaut takes command of space station
Japanese astronaut Koichi Wakata assumed command of the International Space Station on Sunday, the first Japanese national to oversee a manned space mission.
Neil deGrasse Tyson sparks controversy over commercial space remarks
Neil deGrasse Tyson , celebrity astrophysicist and host of the upcoming reboot of the "Cosmos" science series, caused some controversy as a result of some remarks he made about commercial space quoted in a March 8, 2014 article in Tech Crush.
NASA's Cassini Spacecraft Zips By Saturn's Moon Titan For 100th Time
This artist's concept shows a possible model of Titan's internal structure that incorporates data from NASA's Cassini spacecraft.
Space Notebook: New astronauts, new TV show, new success
Kennedy Space Center last week welcomed NASA's newest crop of astronauts-in-training, who visited Monday and Tuesday to get more familiar with the nation's spaceport, including its crew quarters.


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News & Updates
Event Calendar
March 12, 2014 - 12:00pm
March 12, 2014 - 6:30pm
Find A Specialist
Resource Finder at Kennedy Krieger Institute
Submitted by admin on June 23, 2011 - 3:08pm
A free resource that provides access to information and support for individuals and families living with developmental disabilities.
Found 1 results
Li Q, Laumonnier Y, Syrovets T, Simmet T.
2013. Recruitment of CCR6-expressing Th17 cells by CCL20 secreted from plasmin-stimulated macrophages.. Acta biochimica et biophysica Sinica. 45(7):593-600. Abstract


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E-commerce voice of customer surveys are a great way of learning what your customers want and what's making it hard for them to buy from you.
There's a wealth of optimisation advice and market intelligence to be had, if you just give customers a chance to tell you what they think.
This post gives you a quick overview of how to get started with surveys. It covers the kind of systems you can use and explains some of the valuable details which will give you extra site optimisation information.
I'll also suggest how you can work with the information in a way which will give you maximum benefit.
Read more...
by Tim Leighton-Boyce 02 March 2012 10:21am 2 comments
If you want to know how to make your e-commerce website better, ask the people who use it.
Surveys are one of the quickest ways of finding out what matters to your customers, what's missing or broken and what's getting in the way of conversions. They're also a great source of market intelligence.
Add a survey to your site, treat the comments from your customers as if they contained nuggets of gold, and you'll find learn things about your business and your market which no 'best practice' guide could tell you.
by Tim Leighton-Boyce 29 February 2012 11:36am 6 comments


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Ask yourself:
The Black Box ToolKit lets you quickly and easily check your own millisecond timing accuracy in terms of stimulus presentation accuracy; stimulus synchronization accuracy; and response time accuracy.
For example, all TFT monitors and projectors suffer from input lag. If you present an image it will take longer to appear on screen than you might think. On some models this can be upwards of 100 milliseconds. Whatever experiment generator you use, it only knows when it requested a stimulus image be shown and not the time when it physically appeared.
Because of soundcard startup latency audio timing is even more variable. But don't just take our word for it read PST's own findings when using E-Prime.
Currently self-validation of millisecond timing accuracy can only be done quickly and easily with a Black Box ToolKit. This acts as a programmable virtual human that can detect and respond to stimulus events with sub-millisecond accuracy. It enables you, the researcher, to check the accuracy of your own paradigm whilst running in-situ on your own equipment.
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About HCHC
Message from the Archbishop
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Take the Challenge this Summer 2005 with CrossRoad
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Take the Challenge this Summer 2005 with CrossRoad
Brookline, MA — January 22, 2005 —
Attention high school juniors and seniors! Before you decide what to do with the rest of your life, decide what to do with your summer! The Office of Vocation and Ministry (OVM) at Hellenic College is now accepting applications from high school juniors and seniors for its summer CrossRoad program, now in its second year. From June 25 through July 5, thirty Orthodox youth from the United States and Canada will take part in an exciting summer vocation exploration program designed to help students discern their life callings and match their personal gifts with the needs of the world.
The CrossRoad program combines the greatest gifts of Hellenic College/Holy Cross through faculty instruction and participation, an enthusiastic staff of graduate students, the beautiful campus overlooking Boston and of course the exciting city of Boston itself. Students will participate in daily classes with Hellenic College/Holy Cross faculty and attend vespers each evening at neighboring parishes in the Boston area. Former CrossRoad participant Marianna Ruggerio of Glenview, IL, stated, "CrossRoad has made me think a little more about what I plan to do after high school…as juniors we are at a crossroad in our lives; our actions and our decisions are going to affect the rest of our lives."
CrossRoad is one of the many unique programs sponsored by the OVM and is part of a five-year program funded by the Lilly Endowment, Inc. Applications may be downloaded from the CrossRoad website at
, or received by mail by calling the office at 617-850-1310. Furthermore, the OVM has produced a promotional video featuring the CrossRoad 2004 experience, which has been sent to each parish and is available on the CrossRoad website. Applicants must currently be in their junior or senior year of high school. Aside from travel costs to Boston, all expenses for participants are provided. Due to space limitations, applicants who apply by March 15, 2005 will be given first consideration.


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Product Launch - EUROPE: Diageo's Talisker Storm
By Andy Morton | 20 February 2013
Click through to view Diageo's Talisker Storm |
Product Launch - EUROPE: Diageo's Talisker Storm
Category - Spirits, whisky, Scotch, Isle of Skye, single malt, 45.8% abv
Available - From early this year
Location - UK and "selected European markets"
Price - SRP of GBP39.95 (US$61.16) per bottle
Diageo has launched an extension to its Talisker Scotch whisky, with the company saying more innovation is on the way.
Talisker Storm has no age statement and is smokier than Talisker, Diageo said today (20 February). The company said more Talisker expressions will be launched this year.
A 35-year-old Talisker was part of Diageo's 2012 Special Releases collection, launched in August.
TALISKER STORM™ is an exuberant new expression of Talisker, calculated to delight and intrigue the many adorers of this celebrated island whisky: more intense and smoky, with enhanced and vibrant maritime notes, smoothly balanced with Talisker's signature hot sweetness.
It will be available early 2013 through domestic retail channels and whisky specialists in selected European markets.
Full gold in appearance, and assembled by Diageo's master blenders from both rejuvenated and refill casks at different ages to deliver a perfect balance of vibrant distillery character and smoother woody richness, it is bottled at the traditional Talisker strength of 45.8% ABV, without an age statement.
The consensus among early tasters reads:
'The sweet warmth and briny, peppery finish that are the symbol of the Talisker character have been carefully accentuated through a skilful blend of differing aged Talisker casks. The profound maritime character achieves a deeper intensity, like a warm welcome from a wild Hebridean sea.'
In price terms Talisker Storm sits between the Talisker 10 year old and the Talisker Distillers Edition expressions.
How the whisky makers developed this stormy new addition to an already celebrated family of highly distinctive single malt whiskies is explained by Master Blender Dr Jim Beveridge:
"We wanted to focus on distillery character - the bedrock of Talisker Storm. So we sought out some great mature Talisker, enriched and mellowed by time spent in carefully rejuvenated casks, and brought that together with some very fresh distillery character preserved by maturation in refill casks. The result is Talisker's unique distillery character delivered by aged, mature whiskies, integrated in one vibrant dram."
Talisker Distiller Manager Mark Lochhead added: "Any new member of the Talisker family has a lot to live up to and I am proud to say that Talisker Storm does just that. The distinctive whisky we create with such passion and care here on Skye speaks very boldly of the dramatic island where it was born. Everyone here is delighted at the skill with which our malt masters have put together this vivacious new Talisker. Talisker Storm is indeed the right name for it"
Further exciting new expressions of Talisker will be launched later in 2013.
Original source: Company Release
Expert analysis
Diageo plc - SWOT, Strategy and Corporate Finance Report
Diageo plc - SWOT, Strategy and Corporate Finance Report, is a source of comprehensive company data and information. The report covers the company's structure, operation, SWOT analysis, product and service offerings, detailed financials, and corporate actions, providing a 360° view of the company.
Sectors: Product launches, Spirits
Companies: Diageo
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Canadean's "Diageo plc : Consumer Packaged Goods - Company Profile, SWOT & Financial Report" contains in depth information and data about the company and its operations. The profile contains a company overview, key facts, major products and services,...
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Reload the page and try again.
Off-Campus Dining: Rice is really close to Rice Village, which has shopping and a large variety of cuisine including sushi, Indian food, Thai food, and crepes. The food is all really good and within a ten minute walk from campus, but it can sometimes get expensive.
Off-Campus Dining: Houston loves food, and there is are honestly endless possibilities.
Off-Campus Dining: Lots of good restaurants nearby in Rice village - a campus shuttle takes students to and from on the weekends. Also quite a few restaurants near the metro rail and otherwise accessible by car.
Off-Campus Dining: Rice Village is just down the street from the University. You can walk there. The restaurants serve great food and are open late to accommodate students.
Off-Campus Dining: There are diverse cuisines for restaurants, but tends to get pricey. Not very many late night options.
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Written by Eli Spector
The dining options in Houston are absolutely amazing and affordable to boot. There is a rumor that Houston has more restaurants per capita than any other city in the United States, with the possible exception of NYC. Houston restaurants will impress with quantity, quality, and diversity. Nearby Rice Village is home to a variety of dining establishments, including everything from Mexican, Spanish tapas, bar and grill food, Scottish pub, Turkish, Indian, Chinese, Thai, smoothies and crepes, Mediterranean, and French food. Venture up Kirby or down Montrose for many more nearby options. Chinatown is worth the drive for excellent Asian cuisine or for ever-so-tasty tapioca pearl drinks (a popular snack with Rice students). For higher scale dining, the Galleria district offers some excellent options, although nice restaurants can be found closer to campus, as well.
Of course, Rice's location in Texas means that a good and cheap Tex-Mex restaurant is located every few blocks. However, the diverse population of the large city means that you can also find just about any other type of cuisine that you might be craving, and some you would never even think of! Look around online, ask Houston natives or upperclassmen, or just get in your car and drive until you find a place that catches your eye.
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Forbidden You do not have permission to access this document. error!
Posted 15 October 2012 - 12:53 AM
I'm trying to create a small intranet for our company.
unfortunately I'm unable to post a link to the site as it has sensitive information on it.
I've ran in to this error Forbidden numerous times, and I've done some trouble shooting to see if I can figure it out with no luck.
Trouble shooting done so far:
I'm pretty sure it's not our host as they host two other wordpress sites for us.
Disable all "non" Pagelines plugins
Updated to the newest Pagelines framework
Updated to the newest Wordpress
I have run into this problem when:
Saving Page Options
Adding more than 6 box sets to a page (3 to 8 boxes per set)
and most recently adding numerous sub pages to a parent page( I can add 6 sub pages to a parent page before I get the forbidden error)
Can someone please shed some light on why I'm getting this forbidden error?
Posted 15 October 2012 - 01:30 AM
Posted 15 October 2012 - 01:53 AM
That's getting a little too technical for me, is this something I would have set up as an admin?
Posted 15 October 2012 - 07:05 AM
You need to ask your web host provider for this information.
Posted 16 October 2012 - 05:07 AM
Posted 17 October 2012 - 11:14 PM
Posted 17 October 2012 - 11:20 PM
Posted 18 October 2012 - 01:14 AM
You do not have permission to access this document.
Web Server at ourwebsite.com.au
That's what I get when trying to save out the above mentioned problems.
Posted 18 October 2012 - 01:53 AM
Posted 18 October 2012 - 02:29 AM
Posted 18 October 2012 - 02:33 AM
Posted 18 October 2012 - 03:29 AM
This isn't the only WP site we have with this host and the other sites don't seem to have this problem.
Posted 18 October 2012 - 07:21 AM
I have searched the internet and every-time this error has been reported and resolved, it was related to either plugin(s) or a server configuration issue.
Best thing to do would be to try the following, which was stated on one of the Wordpress forum replies:
- Disable all plugins and see if this resolves the issue, if it does enable the plugins one by one until you find the problematic plugin(s).
- Switch your theme to Twenty Eleven and see if the issue persists, if it does, then it is not related to PageLines. If switching theme resolves your issue, please reply here informing us.
- by FTP or PhpMyAdmin. Sometimes, an apparently inactive plugin can still cause problems.
- Re-uploading the wp-admin and wp-includes folders from a fresh download of WordPress.
Posted 19 October 2012 - 05:38 AM
Unfortunately I've tried all these solutions except switching to the Twenty Eleven theme.
The reason I haven't switched themes is:
1. I'm worried that I'll lose all the customising I've done to the site via Pagelines less/css, menus etc. ( will this be effected if I switch themes and switch back?)
2. The error only happens on certain pages in the site, these pages only have Pagelines boxes and mastheads.
3. The other effected area is the Page Options Setup in the Pagelines framework I get the error when trying to change any settings in this area.
Posted 19 October 2012 - 11:00 AM
OK, well we haven't had this issue reported before, as far as I'm aware. So it must be related to your server configuration, I recommend you contact your host and ask them for assistance, like Simon suggested a few posts above.
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Md. AG Gansler to discuss Internet privacy
Tuesday - 3/20/2012, 6:34am  ET
POTOMAC, Md. - Maryland Attorney General Doug Gansler wants to raise awareness about Internet privacy concerns.
Gansler has scheduled a community forum at Winston Churchill High School in Potomac on Tuesday evening.
The attorney general will discuss how parents and students can be more vigilant when using social networking sites like Facebook.
A Facebook representative also is scheduled to attend to give a brief presentation on how people can use privacy features.
That will be followed by a chance for people to ask questions about broader Internet privacy issues.
(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


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Attached is my 1st project using SSA for detention pond design.
Where is the best place to view the results for the detention pond peak outflow and maximum HGL?
Also, the program seems to separate the results per year storm...anyway to view the results for all year storms in the same report?
how do you attach the .spf file?
I found it works best to put it in a .zip file and use the attachments function.
The easiest method to view multiple results is to open each solution file within the Time Series Plot section. In the time series Plot window, right-click and select Open Solution. Open each storm's solution file, select the Nodes > Head value per solution file.
This provides you the graph and chart as shown below. The summary table is shown when that appropriate element is selected. The value you seek is the Maximum Head.
The outflow values would come from the orifice and weir elements. (or look at the E-1 node for the summation of both.)
anyway to print from the time series plot?
Log into access your profile, ask and answer questions, share ideas and more. Haven't signed up yet? Register
Start with some of our most frequented solutions to get help installing your software.


text:
When co-founders Luis Quismorio, Ruben Perez, and Anthony Bermudez began plotting their market, they envisioned a place where fresh, healthy produce, groceries, and meats met the standards of upscale stores and the budget of an average Joe. At Figueroa Produce, their dream is realized thanks to groceries that, like new slang words for "tractor," are sourced from local farmers and small foreign distributors alike. Colorful bouquets of freshly plucked fruits and veggies claim a big chunk of the shop's floor space, appealing to both the mouth and eyes with organic produce from the South Central Farmers Co-op and regional farmers who form personal rapports with store staff. The grocery section represents exotic locales from New Zealand to Mexico in its bounty of mostly organic and all-natural products, many of which are free of artificial components. At the deli, staff members slice grass-fed beef from Open Space Meats, organic and free-range poultry, and specialty cheeses for at-home use or service in overstuffed sandwiches. Vegan or vegetarian eaters can also get in on the deli action, devouring sandwiches loaded with ingredients from brands including Teese, Diva, and Tofurkey.
There's almost no limit to what the candymakers at Temptations Chocolate Factory will dip in chocolate. Their cavalcade of candy features standards such as chocolate-covered strawberries and bananas, as well as more creative morsels, including chocolate-covered Twinkies and jalapenos dipped in chocolate. Cooler treats include smoothies, whipped cream-topped milkshakes, and banana splits. Diners can also sip coffee to warm up after indulging in a sundae or a slow dance with Mr. Freeze.
Though the CrossFit exercise technique has steamrolled the nation, CrossFit Madre is family place through and through. It's an amalgamation of Peter Sandford's background in hapkido and weight conditioning and his wife Rocki's masters degree in public health and nutrition from UCLA. During intimate group classes, the instructors lead students in workouts that range from high-energy cardio and bar work to kettlebell weight training. This personalized combination of techniques helps clients set individual goals to tone physiques and promote endurance.
Jody Maroni, founder of Jody Maroni's Sausage Kingdom, started linking gourmet sausages in 1979 and now rules over a royal court of meat artisans who assemble more than 20 all-natural varieties. Many of the homemade recipes renounce nitrates and MSG and instead fill the natural pork casings with meat that is naturally low in sodium and fat. Chicken-mole sausages blend chocolate, cumin, and chilies, and the louisiana hot links steep in duck stock and smolder with Boudin-style spices. Like Iowa's delightful airspace, the meaty morsels have drawn bicoastal praise—Splash! Los Angeles argues that they "might just top the Dodger Dog," and Time Out New York thanks the eatery for bringing "rays of sunshine to the food wasteland of Times Square."


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Central Valley denizens have long argued what single event conferred the most glory upon...
BMW revives four-cylinders for better mileage
BMW is bringing four-cylinder engines back to the U.S. market as one response to the scheduled increase in fuel-economy regulations.
BMW quit selling the four-cylinders for its 3-series lineup in 1999 because of low demand, but gasoline cost only $1.14 per gallon at the time.
BMW says the return of the smaller engines won't cost customers any power.
"It wasn't in line with our image, because it didn't have the performance of the six-cylinder," BMW's U.S. chief, Jim O'Donnell, told Bloomberg. "Now that the engines have developed so far, it's not an issue at all."
BMW plans to offer a four-cylinder in the Z4 roadster and the 3-series, set to arrive at U.S. dealerships this October.
The U.S. corporate average fuel economy requirement is increasing from 27.5 mpg in 2010 to 30.1 mpg this year, according to the U.S. Environmental Protection Agency. By 2016, it will have risen to 35.5 mpg. By 2025, it is estimated to reach 54.5 mpg.
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This mother bear with her 2 cubs were up the pine tree 20ft from our back door. They had been there since at least 6:30am and finally climbed down just before 3pm and ran off. It was exciting and scary at the same time.
held hostage by mother bear & cubs
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says ... on Monday, Apr 25 at 3:03 PM
You're lucky. Bears are pretty rare. I've only seen one in extreme northern NY. I bet I would have bears on my property but this gun nut up the road from me who shoots every day practically (illegally), probably has thousands of animals he poached :/


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Cellar/Tasting Notes "Light to medium gold with a greenish hue, this wine exhibits wonderfully pure notes of wood spice such as vanillin, honeyed citrus, a hint of under-ripe peach, and touches of creme brulee and marmalade. With great acidity and finesse, this is a medium-bodied, impressively endowed, but generally..
Cellar/Tasting Notes Very polished tannins that caress the palate. Full body. It's fruity, pretty and refined. The mineral and berry character comes through in a subtle way. Second wine of Pichon Lalande
Cellar/Tasting Notes "An outstanding effort, Branaire's 2007 exhibits floral-infused black raspberry, boysenberry, and mulberry notes as well as a decidedly blue fruit character. Attractive, elegant, and medium to full-bodied with beautiful fruit, density, and texture, it should drink well for 10-12 years."
Cellar/Tasting Notes "The Sigalas-Rabaud has a well defined nose: grapefruit, nectarine, honey and lime, much more primal than some of the other 2009s. The palate is very well balanced with excellent acidity: apricot, honeysuckle, a touch of orange zest and then vibrant white peach bursting across the finish with lime..
Cellar/Tasting Notes "This is initially very muted on the nose, but it unfurls seductively with subtle, perfumed aromas of lime leaf, white peach, fresh apricot and touches of white flowers: very pretty and well defined. The palate is beautifully balanced, so pure and succinct with wonderful precision towards the..
Cellar/Tasting Notes "This outstanding l'Arrosee is consistent with the Burgundian style that this terroir routinely produces. Never massive, at its best it offers intense flavors of kirsch, raspberry, crushed rock, and spice box. The full-bodied flavors are ethereal in their delicacy. Full, but stylish, precise,..
Cellar/Tasting Notes A flamboyant St.-Emilion, this largely-Merlot blend displays notes of Christmas fruitcake, cedar wood, tobacco leaf, and loads of black currant and blackberry fruit. A showy, extravagantly concentrated, hedonistic style of St.-Emilion, with some wood smoke and roasted herbs adding nuance to the..
Cellar/Tasting Notes "The minerality and stoniness really comes through on the nose of this Rieussec, more than the 2007. The palate is very well balanced with superb acidity, real tension, steely with great precision with notes of apricot, white peach and honey on the beautifully defined finish. Probably the best..
Cellar/Tasting Notes "Soft and generous fruit, its tannins enveloped by a warm and ripe juicy fruit layer. The wine is already delicious, showing sweet tannins and a subtle touch of wood."
Cellar/Tasting Notes Although it begins with austerity, its acidity and tannins dominant, the palate opens beyond its youthfulness after a few moments. It becomes dark and powerful, certainly still dryly tannic, but the fruit is generous, and the final taste is of beautiful, ripe fruits.


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TITLE: The Earth (#12427) SIZE: 8.5" Diameter PIECES: 540 PRICE: $49 LEVEL: Average MADE BY: Ravensburger Description: A great 3D puzzle from Ravensburger, this globe of the earth makes for a great teaching tool. Perfectly crafted, curved puzzle pieces allow for an exact fit and are easily assembled together to form a solid, smooth ball - with no glue required! Includes display stand and instructions. Each piece also has a small number located on the non-image side which can be used as an assembly guide depending upon skill level.
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5pm, Public Lecture
Prof. James McCann [3] (Boston University), "Deposing the Malevolent Border: Malaria and the Blue Nile Basin" (UCC 2520D)
11am-12:30pm, The Borders of Race? Rethinking Racial Boundaries in Imperial and Transnational Contexts (UCC 2520D)
Moderator: Anny Curtius (French & Italian)
Noaquia Callahan (History, CB Fellow), "An African American Woman's International Agenda: The Life and Experience of Mary Church Terrell, 1880-1940"
Allison Wells (History), "The "Privileges" of Imperialism: Intermarriages Between American Servicemen and Filipinas, 1898-1912"
Admire Mseba (History), "Racialized Rule, Racialized Land: Colonial Experiences and Historical Narratives of land and Power in Zimbabwe"
Raquel Baker (English, CB Fellow), "Aching Whiteness: Transforming African Postcoloniality in Wizard of the Crow"
1:30-3pm, Violence over the Land: Experiences of Territorial Division and Conflict (UCC 2520D)
Moderator: Jim Giblin (History)
Deborah Taffa (English, Non-fiction Writing), "Against a Divided Land"
Marlino Mubai (History), "Dry Sea: Warfare and Environment in Rural Southern Mozambique, 1976-1992"
Nathaniel Chimhete (History), "Neo-liberal Economic Reforms and the Wanyamongo of Northern Tanzania"
Misha Quill (Anthropology, CB Fellow), "Violences in the Field: Anthropology, Human Rights and Humanitarianism"
3:15-4:45pm, Networked Worlds: Politics, Identity, and Culture in Global Contexts (UCC 2520D)
Moderator: Meena Khandelwal (Anthropology)
Joshua D. Cochran (History), "'They Didn't Want the U.S. to Have Political Exiles': Internationalizing the History of the Amnesty and Repatriation Campaign for American War Resisters, 1970-1977"
Laurena Bernabo (Communications, CB Fellow), "Hasta la Vista! The Long Decline of U.S. Media Imperialism in Latin America"
Hojin Song (Communications, CB Fellow), "I Bake & Blog Because I'm a Mother: Neoliberal Motherhood in South Korea"
Kayla Wheeler (Religious Studies), "Transmitting Islam: How English-speaking Western Muslims are Using YouTube to Share Religion and Culture"
[1] http://dev.international.uiowa.edu/crossing-borders/2013-crossing-borders-study-day-media
[2] http://dev.international.uiowa.edu/files/international.uiowa.edu/files/file_uploads/cb_3.29.13_email.pdf
[3] http://www.bu.edu/history/people/faculty/james-c-mccann/


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UK soldiers were unlawfully killed
17:05, Oct 17 2013
Significant steps have been taken to improve the army's Warrior vehicles in the wake of the deaths of six soldiers in Afghanistan, a coroner said today, as he ruled they were unlawfully killed.
Sergeant Nigel Coupe, 33, Corporal Jake Hartley, 20, and Privates Anthony Frampton, 20, Daniel Wade, 20, Christopher Kershaw, 19, and Daniel Wilford, 21, all died when an improvised explosive device (IED) detonated under their Warrior in Helmand Province on March 6 2012.
The vehicle was patrolling with another Warrior when it was blown up about 25 miles north of the capital of Helmand, Lashkar Gah, bringing the biggest single loss of life for British forces in Afghanistan since an RAF Nimrod crash killed 14 people in September 2006.
An inquest at Oxford Coroner's Court has heard that no other vehicle of its type was designed to withstand a blast of its type, but that since the tragedy, improvements have been made to Warriors.
Giving a narrative verdict, Oxfordshire coroner Darren Salter said: "This of course is a tragic loss of these six soldiers and these young lives.
Story continues
"At least it is very clear from the evidence of the two pathologists and the evidence of those who witnessed the strike that they did not suffer.
"It also follows that there was nothing that their comrades could have done to rescue or save them."
Sgt Coupe, a member of 1st Battalion The Duke of Lancaster's Regiment, and his comrades, all members of the Yorkshire Regiment's 3rd Battalion, died of blast injuries caused by the explosion.
Mr Salter told the court: "I am not going to second-guess decisions of commanders in a courtroom today, that is not the purpose of an inquest.
"These are experienced commanders who took decisions on the ground, balancing the risks and exercising judgments."
Outlining the events that day, he said: "The six soldiers were therefore unlawfully killed whilst on active service."
The inquest heard that improvements have been made to Warriors since the incident including better armour, burst resistant fuel tanks, better ways of getting in and out in emergencies and improved fire detection and protection systems.
The court was told that eight new fuel tanks have been fitted so far to the vehicles that are being used in Afghanistan, with 21 more due to have the upgrade, and the coroner said that "significant steps" had been completed in making improvements to the vehicles and there was no need for a formal report under his powers because he was satisfied the areas of concern had been addressed.
Father-of-two Sgt Coupe, from Lytham St Annes, Lancashire; Pte Wade, from Warrington, Cheshire, who was about to become a father; Cpl Hartley, from Dewsbury, West Yorkshire; Pte Frampton and Pte Wilford, both from Huddersfield, West Yorkshire; and Pte Kershaw, from Bradford, had all been in Afghanistan for only a few weeks when they were killed.
They were on a patrol that had been due to leave earlier in the day on March 6 2012 but was delayed due to a sandstorm.
The court was told it was important to send out the patrol that day, rather than waiting until the next, because of "force protection" and showing a visible presence to insurgents.
When the order was given at 6pm to leave, Pte Kershaw "stepped up to the mark" and volunteered to take the place of another soldier on the patrol, who was just returning from the shower, the inquest heard.
The two Warriors left just after 6.30pm, and soon after, the first Warrior detonated the IED, which was triggered by a pressure plate.
Sgt Coupe, a member of 1st Battalion The Duke of Lancaster's Regiment, and his comrades, all members of the Yorkshire Regiment's 3rd Battalion, were either killed or knocked unconscious by the huge blast, the inquest heard.
The force of the explosion turned the Warrior on to its side and "flicked off" its turret, with a fire breaking out almost instantly, which then went on to set off ammunition inside.
Fellow soldiers struggled to extinguish the blaze and get into the stricken Warrior, but everyone inside was dead.
Today the inquest heard that improvements have been made to Warriors since the tragedy, but no vehicle of its type used by the British Army at the time was designed to take a blast like that.
Major Douglas Nelson, an expert on the Warrior, said insurgents could "always build a bigger bomb".
But he said improvements had been made since last March including thicker armour; a burst resistant fuel tank; improvements to ways of getting out in an emergency; and better firefighting and detection systems.
"This was a very large device and what I would say is no vehicle that we had was designed to take that," he told the inquest.
But he added: "I have absolute faith in that vehicle. Of any vehicle I would travel in Warrior, it's as good as we can make it."
Asked what vehicle they would choose to patrol in, several soldiers picked the Warrior, including Private Dean Dinsley, who said: "I felt safe as houses in it".
Warrant Officer First Class Kenneth Easthill, group senior ammunition technician with 29 EOD & Search Group, said there was nothing "extraordinary" about the bomb and it was difficult to say when it had been planted, which could have been any time from earlier that day during the sandstorm, to months before.
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If you thought the financial getaway was off the romance trail, what you're probably thinking right now is, "How can talking about work help our love life?" It can't – so just move on.
Just kidding! What happens to many couples is they work so much, they never talk about why they work so hard, what they are working for, or how they will use their little bit of free time when they do have it. Sometimes couples become overly focused on their careers because they have never gotten on the same goal plan sheet. Or maybe there are issues that need addressing in their relationship that feel too complicated, so more work seems easier than dealing with the problems.
Once a year (or at the very least once every 18 months), Bill and I go away to talk about the work/ministry side of our life and family. We have always been very proactive in the area of setting ten-year, seven-year, five-year, three-year, and one-year goals for our individual lives, for our careers, for the ministries we run, and for our family and home. However, it was on a date that we decided this deliberate approach was vital. In the midst of an amazing romantic environment, we watched a couple have an emotional meltdown before our very eyes. They began talking about money issues on this romantic interlude, which soon turned into a dramatic scene, complete with yelling and crying. We prayed for this couple and then looked at each other and said, "Let's make sure that is never the story of our life!" That night we became even more convinced of the necessity of being on the same page in the area of goal setting. The business of life had stolen this couple's red-hot monogamy, and we vowed to not let that happen to us.
On a goal-setting weekend, to really be clear minded, you will need to begin and end with five things:
Next article in series: Parental Intimacy
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This kit of proven ideas, tips, games, quizzes, and surprises is guaranteed to add fresh sizzle to your marriage relationship.
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Filed under: Heart & Vascular
Coarctation (ko-ahrk-TAY-shun) of the aorta — or aortic coarctation — is a narrowing of the aorta, the large blood vessel that branches off your heart and delivers oxygen-rich blood to your body. When this occurs, your heart must pump harder to force blood through the narrow part of your aorta.
Coarctation of the aorta is generally present at birth (congenital). Coarctation of the aorta may range from mild to severe, and may not be detected until adulthood, depending on how narrowed the aorta is.
Coarctation of the aorta often occurs along with other heart defects. While treatment for coarctation of the aorta is usually successful, it's a condition that requires careful follow-up through infancy and throughout adulthood.
©1998-2013 Mayo Foundation for Medical Education and Research (MFMER). Terms of use.
Read this article on Mayoclinic.com.
Want to know more about this article or other health related issues? Ask your question and we'll post some each week for CNN.com reader to discuss or for our experts to weight in.
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COMMERCIAL OFFICES: Retail Stores For Rent 1340 Broadway Ave. Atwater,Ca. 953011500 Sq.Ft. W/AC Space can be changed to suit your needs. Plenty of Parking Call 209-358-7041 9:ppam to 5:00pm OR firstname.lastname@example.com More info Email a friend |
HOMES FOR RENT- UNFURNISHED: Available now, has alley entrance. Fenced yd with utility shed, auto sprinklers. Laminate floors, bdrm fits twin to queen bed. Fridge, stove, Lndry rm with space for washer or stackable washer/drier. $575/$70 wgs. Deposit $575 829 West 22nd St. on ... More info Email a friend |
CONDOS, TOWNHOUSES AND DUPLEXES: Quaint well maintained 1 bedroom cottage style duplex located on quiet tree lined street in a beautiful well established North Merced neighborhood at 215 W. 27th St. Refrigerator, gas stove, microwave and washer and dryer included. Small garage and back... More info Email a friend |
HOMES FOR RENT- UNFURNISHED: Off Childs Avenue close to Weaver Union Elementary, Open floor plan Court Location, easy access to Highway 99. More info Email a friend |
HOMES FOR RENT- UNFURNISHED: 4 bedroom 2 1/2 bath home across from park, close to Merced College and few miles from Mercy Medical and UC Merced. More info Email a friend |


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Home › Product Finder › TVs
By Whathifi.com on October 10, 2011
If there's one area of TV manufacture where has established itself as a front runner, it's perceived value. Take this UE40D5520. It's a touch more expensive than its Sony and LG rivals, but it looks svelte and modern where the looks...
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By CNET UK on September 22, 2011
With superb Internet features, punchy pictures and a gorgeous design, the 40-inch Samsung UE40D5520 is a corking LED TV. At around £550, it's also a real...
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By DigitalVersus on September 19, 2011
The Samsung 46D5520 is a panel-switcher. As far as we know it can come with an MVA (CMO) panel or a PVA (Samsung-Sony) panel. However, the difference in picture quality between the two versions is less marked than in last year's models. The PVA...
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By TechRadar on September 11, 2011
While Samsung might like to shout loudest about its flagship TVs, it's actually the brand's mid to lower-range models that have most helped propel Samsung to the top of the TV sales pile. And with good reason, for over the past three or four...
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By Trusted Reviews on July 29, 2011
Although it's certainly not perfect, Samsung's UE40D5520 does the brand's usual trick of setting new standards for what we might expect from a budget 40in...
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By HDTV Reviews on July 12, 2011
Judging from Samsung's lineup of LCD HDTVs for 2011, it's clear that the Korean TV manufacturer is trying to phase out those equipped with traditional CCFL (cold-cathode fluorescent lamp) backlight, preferring to focus instead on LED-backlit...
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By Betabuzz on August 21, 2011
Der Samsung UE40D5520 bietet ziemlich viel Fernseher fürs Geld: Wer eine kompakte Lösung für kleine Räume oder einen Zweitfernseher sucht, macht bei diesem preisgünstigen Modell nichts...
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Documentation details low-cost Windows 8.1 with Bing


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" Acorn squash are so beautiful as is, but even more so when sliced in half and baked. For this flavorful dish, the cooked squash meat is mixed with onions, coriander, nutmeg and garlic, and heated on the stove until hot and delicious."
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Watch how to make this delicious side.
Roasted acorn squash stuffed with spicy sausage and leftover rice.
See a simple recipe for delicious roasted acorn squash.


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My wife and I have separate email accounts. When she sends an email the recipient thinks it came from me! How do I fix it so it shows her email address as the sender?
This is a discussion on Problem with mail within the iPad Help forums, part of the Apple iPad Discussions category; My wife and I have separate email accounts. When she sends an email the recipient thinks it came from me! How do I fix it ...
My wife and I have separate email accounts. When she sends an email the recipient thinks it came from me! How do I fix it so it shows her email address as the sender?
Hi and welcome to the Forum!
I've moved your thread to our Help Section where you will receive a better response.
The IPad Forum is a community of members from all walks of life and from all over the world coming together to share our experiences and to help each other learn about this wonderful piece of technology the Ipad. There is a wealth of information already here in the many threads we have so doing some searches will answer most of the questions you have. If then you cannot find the answer you are seeking then by all means post your question. There are many friendly and informed members here only too willing to help you.
We also have our own App - It is a very simple app to navigate.
Reading the IPad manual is a great place to start so please download a copy of these.
3 very informative threads from which you will learn many tips and shortcuts for the IPad.
iOS5 Tips and Tricks
Easy pictorial shortcuts & Helpful places. - For People new to the iPad.
We have rules like any Community so please read these also
Forum rules - everybody please read!!
Once again we welcome you here and are so pleased you have joined us!
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When you are reading your mail make sure you are in the Inbox for that mail account. If you are in the All Inbox, Mail will send from the default account set in Settings > Mail, Contacts, Calendars. It will also use the default account when sending from any app other than Mail.
Regardless of how you are sending the email, if you tap the address on the From line before sending you can choose what account the email will be sent from.
Thanks for your reply. Unfortunately it doesn't fix the problem. The from box is already filled with the correct address but the recipient is still shown my address! Also the signature that is shown on both accounts is the same. There must be a way to have separate signatures.
Afraid there is only one signature in the Mail app.
The only way to keep your accounts 100% separate is for one of you to use a third party mail app, or web mail through Safari. If you let us know who your email provider is, someone may have a suggestion on what app or method works best.
The iPad was designed to be a one-person device. People do share them, but it requires some workarounds and compromises.
I don't know why they are getting your name as the sender if the email address in the from box is correct. Try going into the account's settings and making sure the description field (or any other info) is all hers.
Edit: Also make sure that her email address is not listed in your Contact information. I don't think this would make a difference, but it's worth a try.
Last edited by twerppoet; 07-28-2012 at 02:32 PM.
Originally Posted by twerppoet
Her email provider is talktalk mine is gmail. The description field shows talktalk.
I really don't have any other suggestions, other than to go through each accounts settings thoroughly and look for any misnaming. Be sure to tap on all the fields to see if there are more setting under them.
You can also go to Settings > Mail, Contacts, Calendars and change the default account under the Mail header to her account, just to see if it makes a difference.