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Corvo Attano
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|Corvo Attano
|Vital statistics
| 39[1] (Dishonored)
c. 54 (Dishonored 2)
|Date of Birth
|25th Day, Month of Nets, 1798[2]
|Nation of origin
|First appearance
|Returning Home
| Assassin (Determinant)
Vigilante (Determinant)
Lord Protector to the Empress
Royal Spymaster
- "You'd have to be lucky to escape Coldridge. And a complete madman. You'd have to be Corvo, in other words."
- – Two guards discussing escape from Coldridge Prison.
Corvo Attano is the protagonist of Dishonored and one of the two playable protagonists of Dishonored 2. Previously an agent and bodyguard to Empress Jessamine Kaldwin, Corvo is stripped of his title of Lord Protector and imprisoned by the usurper to the throne of the Empire, Lord Regent Hiram Burrows. Corvo escapes and becomes either an assassin or vigilante for the Loyalist Conspiracy, using the powers granted to him by the Outsider to eliminate Burrows' confederates, clear his name, avenge the Empress' death and restore her abducted daughter Emily to the throne.
Corvo Attano was born into a lower class family in Karnaca on the 25th day of the Month of Nets in 1798.[2] Corvo used to live happily, often wandering through the more rural parts of the city[3] until his father, a lumber worker, was tragically killed in a workplace accident. He then grew up with his sister Beatrici, fighting in the streets, until she too disappeared.[4][5]
By the age of 16, Corvo won the Blade Verbena, an annual sword duel festival, which earned him an early officer ranking in the Grand Guard.[6][4] Eventually, after two years of service, Theodanis Abele, the Duke of Serkonos, became highly impressed by his skill, and on the 28th day of the Month of Rain, Corvo was sent to Dunwall to serve the Emperor Euhorn Kaldwin[4] as a political gesture.[1]
A year later, Corvo was chosen to serve as Royal Protector to the Emperor's daughter, Jessamine Kaldwin, which in the process gave him a higher social status.[7] He also became the first Royal Protector to be born outside of Gristol.[8]
Corvo and Jessamine secretly became lovers in 1823.[2] However, their lasting closeness did not go unnoticed by Emily or the general public, and rumors to that effect circulated throughout Dunwall. While several people (including Lydia Brooklaine, Treavor Pendleton, and Anton Sokolov) mention the affair to Corvo, it is never publicly acknowledged. Four years later, Emily was born from their relationship, though her paternal parentage is kept secret. Despite this situation, Corvo has a strong bond with his daughter and often publicly interacts with her in a familiar and affectionate manner. Emily's behavior toward Corvo suggests that she sees him as a father figure, and she often asks to be taught by him.
Corvo is described as being mysterious and quiet, with Wallace Higgins and Treavor Pendleton claiming that despite his high social standing, those of the court know little about him. He is also mocked for his origins, although his skills are renowned throughout the City Watch.
Two years into the rat plague afflicting Dunwall, Corvo is sent on a journey across the Isles by the Empress to find a cure, on the recommendation of the Royal Spymaster Hiram Burrows. On the 18th Day of the Month of Earth, he returns to Dunwall Tower two days early, bringing bad news and the intention of the other nations to blockade the capital while the plague is still spreading. His reunion with the Empress and her daughter is cut short when a group of assassins swarms them. Corvo is forced to watch as Daud murders Jessamine and kidnaps Emily. In her last moments, Jessamine begs Corvo to find their daughter and protect her. Before Corvo regains his senses, the Spymaster and High Overseer Thaddeus Campbell arrive on the scene and arrest him on the grounds of regicide and abducting the royal heir.
Corvo spends six months in Coldridge Prison tortured by his accusers, the true culprits behind the Empress' assassination. Burrows, who was elected Lord Regent by the Parliament, decides to execute Corvo, despite not forcing a false confession out of the latter. On the day of the execution, Corvo escapes Coldridge with the help of the Loyalists, a group claiming to be faithful to the Empress. They bring him to their hideout at the Hound Pits Pub and reveal their plans: to destabilize the new regime by striking at the Lord Regent and his allies, find Emily, and restore her to the throne of the Empire. He is also given tools and a mask crafted by Piero Joplin to assist him in his missions while concealing his identity. On the night of his arrival, Corvo is visited by the Outsider in a dream, granted his mark and gifted with supernatural abilities.
Corvo becomes a valuable tool to the Loyalists in removing Burrows' religious, political and financial allies. He even abducts Royal Physician Anton Sokolov to discover the identity of the Lord Regent's mistress, who finances the City Watch. Finally, he strikes at Burrows himself in Dunwall Tower, but his victory is short-lived, as the Loyalists betray him to cover their participation in the conspiracy. He is left for dead in the Flooded District, where he encounters Daud and his men once again.
After another visit from the Outsider, Corvo escapes the assassins and returns to the Hound Pits. He finds it swarmed by forces of the City Watch looking for survivors Anton Sokolov and Piero Joplin, and most of his former allies dead. Corvo finds there a clue on Emily's whereabouts. He then ventures to Kingsparrow Island in order to confront his betrayers and rescue his daughter once and for all. Whether he succeeds in saving Dunwall and restores Emily to the throne is determinant.
Dishonored 2
Fifteen years after rescuing Emily and bring an end to the Lord Regent's insurrection, Corvo has been cleared of the charges against him and continues to serve the new Empress as Royal Protector and Spymaster.[9] However, a new threat to Emily's reign emerges, and either Corvo or Emily herself must travel to the southern city of Karnaca to confront it.
Known for his air of mystery, Corvo is a distant and reserved man, showing his emotions only to his closest companions. He is noticeably pragmatic, willing and able to exact whatever means necessary to achieve a desired end. Though he bears a title of utmost honor, he isn't opposed to wet work, conversely being completely apathetic to the spilling of blood. His willpower is unshakable and his conviction absolute; even with his name completely slandered, he seeks primarily the restoration of the Kaldwin lineage to the throne and, ultimately, the retrieval of his daughter.
Skills and Abilities
Corvo is legendary for his efficient combat skills and stealth capabilities, his aptitude revered by City Watch guards and citizens alike. Since a young age, Corvo grew up fighting in the streets, where he gradually grew into a capable combatant. Later, he served as a soldier in the Grand Serkonan Guard, his skills increasing significantly during his tenure. Guards in the Dunwall Sewers can be overheard discussing his formidable skills, with a senior guard recounting an instance where he "...saw [Corvo] fight three to one in the practice yard". Havelock also considers the possibility that Corvo's talents might make him dangerous to even the Conspiracy.[10]
Highly proficient in stealth, he is able to silently infiltrate heavily guarded locations, utilizing various hiding spots including corners, tables, or rooftops. From a far distance, he is even able to utilize the shadows in order to avoid detection. He is also adept in eavesdropping and pickpocketing.
As an accomplished swordsman, Corvo is masterful in the use of blades, and thus is capable of engaging multiple enemies simultaneously in open combat, able to eliminate them with noteworthy brutality and efficiency. He is also a skilled marksman, wielding with great precision and accuracy several firearms, most notably pistols, as well as a personal crossbow.
A talented freerunner, Corvo is able to traverse the obstacles of urban terrain with relative ease, his agility, speed, and athleticism aiding him greatly in reaching high-scale areas and destinations. He has also proven to be an experienced swimmer, capable of swimming great distances and holding his breath underwater for a considerable period of time.
Corvo is equipped with a vast array of gadgetry, ranging from grenades and spring razors to rewire tools for deactivating alarms, arc pylons and walls of light. The majority of his equipment has been handcrafted by Piero Joplin, most notably his mask, which possesses an embedded telescopic optical lens, allowing Corvo to gain a clearer view of his surroundings.
Upon receiving the Outsider's Mark, Corvo is bestowed supernatural abilities, which augment his already impressive skills, allowing him to jump higher, move faster and farther, utilize additional stealth and offensive techniques, and so on. Additionally, he is gifted the Heart, a supernatural artifact responsible for locating items of interest and granting Corvo worldly information.
- Corvo is voiced by Stephen Russell in Dishonored 2, who is most well known for his role of Garrett from the original Thief franchise. [11]
- "Corvo" means "crow" or "raven" in both Italian and Portuguese.
- Corvo's true identity is largely unknown outside the Loyalist Conspiracy. The authorities do not realize that Corvo and the Masked Felon are the same man. However, Slackjaw hints that Corvo's true identity is known among the lower classes, stating that, "Word is all over the street," when he is encountered in Granny Rag's lair.
- After escaping from Coldridge Prison, wanted posters for Corvo's capture or death can be found all around Dunwall, with a reward of 30,000 coins. Others will appear after completing specific missions and killing the targets, but will only designate his masked identity. If Corvo remained unnoticed throughout the mission, they will simply depict an unknown assailant, otherwise they will be for the "Masked Felon," with a sketch of Corvo wearing his mask and hood.
- Another poster for Corvo's capture can be found during the mission Eminent Domain of the downloadable content The Knife of Dunwall, where the prize for his capture was increased to 50,000 coins. It does not reappear in the next mission and DLC, The Brigmore Witches, as opposed to the first version with the 30,000 coins reward seen during The Dead Eels.
- Corvo and the Empress occasionally enjoyed whiskey and cigars together privately.[12]
- Corvo was meant to receive an Official Naval Commendation for his efforts in seeking aid for the plague crisis, but it was confiscated after his arrest. It can be stolen and sold by Daud in The Brigmore Witches.[13]
- After the mission The Royal Physician, Emily gives Corvo a drawing of him without his mask, with the word "Daddy" in large letters above it.
- In the Dishonored trailer, Corvo is shown being marked by the Outsider before his escape from Coldridge Prison.[14]
- In connection to the events of the upcoming Dishonored 2, it has been confirmed that Corvo is Emily's biological father.[15]
- Corvo's skin tone was based off of that of Raphael Colantonio.[16]
- According to Harvey Smith, Corvo has a sister named Beatrici. She is described as an "older estranged sister... lost to time."[17][18]
- Corvo's mother, Paloma, died before he had gone to Dunwall.[19][20]
- Among survivors, Corvo is sometimes referred to as the "Dunwall Butcher".
Dishonored: The Wyrmwood Deceit
Artistic Renditions
Wanted Posters
Concept Art
- ↑ 1.0 1.1 Developer Commentary – Dishonored ages masterpost
- ↑ 2.0 2.1 2.2 Dishonored: The Dunwall Archives
- ↑ Dishonored: The Corroded Man, p.88
- ↑ 4.0 4.1 4.2 Developer Commentary – Corvo and the Grand Guard
- ↑ Dishonored: The Wyrmwood Deceit, Issue 2
- ↑ Developer Commentary – Corvo's Youth
- ↑ Developer Commentary – Royal Protector
- ↑ The Royal Protector
- ↑ Corvo as Royal Spymaster
- ↑ Havelock's Log
- ↑ Game Informer - Dishonored 2 Taps Vocal Talent From Game Of Thrones, Daredevil, And The Wire
- ↑ Developer Commentary – Whiskey and Cigars
- ↑ Developer Commentary – Royal Protector's Naval Commendation
- ↑ Dishonored Cinematic Trailer
- ↑ Gameinformer - 21 Things We Know About Dishonored 2
- ↑ Developer Commentary - Corvo's skin color
- ↑ Developer Commentary - Corvo's Sister
- ↑ Developer Commentary – Name of Corvo's sister
- ↑ Developer Commentary – Name of Corvo's Mother
- ↑ Dishonored: The Wyrmwood Deceit, Issue 3


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Skip to comments.9/11, Iraq: Cheney again claims tie - VP attacks Dems for first time since Libby conviction
Posted on 03/13/2007 12:57:13 PM PDT by SmithL
Washington -- Vice President Dick Cheney, lashing out at Democrats for the first time since the felony conviction of Lewis "Scooter" Libby, his former top deputy, resumed his controversial claims Monday that the war in Iraq is the central front in the worldwide U.S. response to the Sept. 11 attacks.
Cheney linked Iraq and al Qaeda even though post-invasion reports by the Senate Intelligence Committee and the presidential Commission on Intelligence Capabilities found no link between Saddam Hussein and al Qaeda before the U.S.-led invasion on March 19, 2003.
In remarks to the American-Israel Public Affairs Committee, Cheney contended that U.S. Marines face al Qaeda operatives in Anbar province, that the U.S.-Iraqi security crackdown has unmasked al Qaeda car bomb operations in Baghdad and that Osama bin Laden has promised to make Baghdad the capital of a radical Islamic empire reaching from Indonesia to Spain.
"As we get farther away from 9/11, I believe there is a temptation to forget the urgency of the task that came to us that day, and the comprehensive approach that's required to protect this country against an enemy that moves and acts on multiple fronts," Cheney told the annual conference of the pro-Israel group, which interrupted his speech at least 27 times with applause.
"Iraq's relevance to the war on terror simply could not be more plain," Cheney said. He said al Qaeda terrorists have made Iraq the central front in the U.S. war against terrorism.
The U.S. invasion, occupation and counterinsurgency campaign in Iraq over the past four years has claimed the lives of at least 3,193 U.S. soldiers,
...Cheney has long contended that the U.S. invasion of Iraq four years ago this month was justified in part because of suspected ties between Iraqi dictator Saddam Hussein and al Qaeda.
(Excerpt) Read more at sfgate.com ...
Yes, but al Qaeda wasn't there before we went into Iraq.
So, if al Qaeda HAD been in Iraq before 9-11, it would justify us being there now.
But al Qaeda IS there now, and liberals insist we withdraw?
Have I got the liblogic down on this one?
Tsk, tsk, tsk Mr. Powell, this is an absolute lie. You know what happens to liars, don't you? Keep repeating the mantra and it becomes true.
Sad thing is that 50% of the voting population gets it's 'truth' from such sources.
Though I will. Saddam bore a pan-islamist mindset. Pan-islamism is the ENEMY. Pan-islamists should be killed in masse.
Mow may muslims are islamist?
Yes. War against al Qaeda in Afganistan good. War against al Qaeda in Iraq bad.
It's amazing that libs are so stupid they cannot see that terrorists/al Qaeda are flocking to Iraq to fight the U.S. military there. Is that bad?
There were numerous connections between al Queda and Iraq going back at least 10 years. al Queda fled Afganistan for Iraq after our attack.
But the most significant reason we attacked was to prevent Saddam being able to develop WMDs. He had an entire nuclear weapons research program run in Libya which we did not even know about until Libya turned it over after the invasion.
For some strang reason this Treason Media COMPLETELY covered this up and refuses to investigate it or even discuss it. It never happened if we don't speak of it is their motto.
Even Dick (Dumbass) Clarke claimed Iraq and al Queda were cooperating in the chemical weapons program in the Sudan as did SecDef Cohen.
Iraq-Al Qaida connections are well-documented in Stephen Hayes' or Richard Miniter's books. It's obvious that Saddam and Bin laden were linked, both wanted to destroy America.
Iraq is also strongly suspected to be behind 9/11 as supportive regime. Terrorists in Salman Pack were trained to hijack planes and paid by Saddam. The Atta-Iraqi ambassador meeting in Tcheckya has been attacked by the 9/11 commission, but they had no definitive answer. It's clear now that the 9/11 commission spent more time clearing Clinton's disastrous record on the War on terrorism than looking for Saddam-Bin Laden links.
Zarkawi's group on northen Iraq was also linked with Saddam, who gave money to them. Al Qaida's operative in Afghanistan moved in Iraq in 2002.
Just incredible isnt? However we should not be surprised by the lies of the media anymore, they cannot but lie and lie all the time. Iraq is the absolute center front of the war on terror. It is in Iraq where terrorist organizations like Al Qaeda and terrorist regimes like Syria and Iran decided to fight us, either directly or indirectly using their Iraqi agents and it is in Iraq where we are annihilating these terrorists by them tens of thousands. Once they are defeated in Iraq, and they will be defeated, it is over for the terrorists worldwide, and both the Iranian and Syrian terrorist regimes will not last longer after their defeat in Iraq.
This has got to take the prize for the worst article in quite some time.
Lashing out after the Libby conviction? As IF Cheney's speech on the WOT has anything to do with Libby. Then the obvious garbage word-twisting.
I watched the speech on C-SPAN. Cheney linked Iraq to the WOT and AQ using direct quotes from bin Laden and his minions, AQ believes that Iraq is the central front in its war against us. That's a fact. He also qutoed AQ on what an American defeat in Iraq would mean to achieving their objectives, including Baghdad becoming the capital of their caliphate.
I too can link al-Qaeda with Iraq pre-9/11. All one has to do is read Osama's infamous 1998 fatwa calling for the killing of innocent Americans where Osama spends 20% of the fatwa talking about Iraq.
The Al Shifa plant connection and the remarks on it by Richard Clarke are certainly interesting. The 9/11 Commission Report relegates it to a footnote though.
Libs are also too stupid obtuse and/or afflicted with BDS to understand that Iraq was the most natural refuge to which al Qaeda would flee, or source of logistsinc support, once war started in Afghanistan and we gained at least some coopertion from Pakistan's Musharaff in standing firm against al Qaeda taking over Pakistan.
As if, had the US only sent military forces to Afghanistan, al Qaeda would be standing ground and fighting us there. NOT.
They'd have fled like rats to camps in Iraq or camps in Yemen supported by Saddam Hussein's Iraqi intelligence. (No, they would not have gone into Iran enmasse because Iran might not have let them operate freely against the West - Iran is more selective in its terror operations)
Imagine the war against terror if we were NOT engaging al Qaeda in Iraq.
The administration has failed to nail down this strategic multiple front consideration over and over and over again until at least the most stupid conservative fully understood it.
That's what I saw too.
Cheney was quoting AQ sources
Incredible but expected. They have to dupe their easily duped flock of sheep.
Quite amazing that Cheney can actually quote al-Qaeda and Osama and be called a liar. The people are not reporters, they are sheep handlers.
In in 1998, an Arab intelligence officer, who knows Saddam personally, predicted in Newsweek: "Very soon you will be witnessing large-scale terrorist activity run by the Iraqis." The Arab official said these terror operations would be run under "false flags" --spook-speak for front groups--including bin Laden's organization.
Then there were the predictions by an Iraqi with ties to Iraqi intelligence, Naeem Abd Mulhalhal, in Qusay's own newspaper several weeks before the attacks that stated bin Laden would demolish the Pentagon after he destroys the White House and bin Laden would strike America on the arm that is already hurting. (referencing a second IRAQI sponsored attack on the World Trade Center). Another reference to New York was [bin Laden] will curse the memory of Frank Sinatra everytime he hears his songs. (e.g., New York, New York) which identified New York, New York as a target. Mulhalhal also stated, The wings of a dove and the bullet are all but one and the same in the heart of a believer." which references an airplane attack.
The Arabic language daily newspaper Al-Quds Al-Arabic also cited the cooperation between Iraq, bin Laden and Al December 1998 editorial, which predicted that President Saddam Hussein, whose country was subjected to a four day air strike, will look for support in taking revenge on the United States and Britain by cooperating with Saudi oppositionist Osama Bin-Laden, whom the United States considers to be the most wanted person in the world. This info is in the link provided below. How could these people have had foreknowledge without Iraq being involved?
Warning...slow loading .pdf file. This was from a lawsuit filed against Iraq after 9/11...the court ruled against Iraq.
There was also another lawsuit filed by the family of John ONeill (a former FBI agent who captured Ramzi Yousef after the 1993 WTC bombings) after he died in the WTC on 9/11. His personal files from his years of traveling around the world investigating al-Qaeda are were used as evidence in the lawsuit. The evidence includes documents unearthed in the headquarters of the Mukhabarat (Iraq's intelligence service) and information gleaned from the interrogation of both al-Qaeda and Iraqi prisoners. (Link below). It also quotes Vincent Cannistraro, the former CIA counter-terrorism chief, who stated in October 2000 that Iraq had been wanting to carry out terrorist attacks, and that the Iraqi military had been in contact with Osama bin Laden.
We know from these IIS documents that beginning in 1992 the former Iraqi regime regarded bin Laden as an Iraqi Intelligence asset. We know from IIS documents that the former Iraqi regime provided safe haven and financial support to an Iraqi who has admitted to mixing the chemicals for the 1993 attack on the World Trade Center. We know from IIS documents that Saddam Hussein agreed to Osama bin Laden's request to broadcast anti-Saudi propaganda on Iraqi state-run television. We know from IIS documents that a "trusted confidante" of bin Laden stayed for more than two weeks at a posh Baghdad hotel as the guest of the Iraqi Intelligence Service.
Abu Nidal, September 11 and Saddam The terrorist network may be closer knit than we think.
Weekly Standard: The Mother of All Connections
List of newspaper article in the 90's which mention the world's concern regarding the growing relationship between OBL and Saddam:
Son of Saddam coordinates OBL activities:
The AQ connection (excellent):
Western Nightmare:
Saddam's link to OBL:
NYT: Iraq and AQ agree to cooperate:
Document linking them:
Iraq and terrorism - no doubt about it:
A federal judge rules there are links:
Wall Street Journal on Iraq and AQ:
Iraq and Iran contact OBL:
More evidence:
Saddam's AQ connection:
Further connections:
What a court of law said about the connections:
Some miscellaneous stuff on connections:
Saddam's Ambassador to Al Qaeda: (February 2004, Weekly Standard)
Yes - it's NewsMax but loaded with interesting bullet points.
Saddam's Fingerprints on NY Bombing (Wall Street Journal, June 1993)
Colin Powell: Iraq and AQ Partners for Years (CNN, February 2003)
The Iraq-Al Qaeda Connections (September 2003, Richard Miniter)
Oil for Food Scandal Ties Iraq and Al Qaeda (June 2003)
Saddam and OBL Make a Pact (The New Yorker, February 2003):
Al Qaeda's Poison Gas (Wall Street Journal, April 2004):
Wolfowitz Says Saddam behind 9/11 Attacks:
Saddam behind first WTC attack - PBS, Laurie Mylroie:
Growing Evidence of Saddam and Al Qaeda Link, The Weekly Standard, July 2003:
Qusay Hussein Coordinated Iraq special operations with Bin Laden Terrorist Activities, Yossef Bodansky, National Press Club
The Western Nightmare: Saddam and Bin Laden vs. the Rest of the World, The Guardian Unlimited:
Saddam Link to Bin Laden, Julian Borger, The Guardian, February 1999
The Al Qaeda Connection, The Weekly Standard, July 2003
Cheney lectures Russert on Iraq/911 Link, September 2003:
No Question About It, National Review, September 2003
Iraq: A Federal Judges Point of View
Mohammed's Account links Iraq to 9/11 and OKC:
Free Republic Thread that mentions some books Freepers might be interested in on this topic:
The Proof that Saddam Worked with AQ, The Telegraph, April 2003:
Saddam's AQ Connection, The Weekly Standard, September 2003
September 11 Victims Sue Iraq:
Osama's Best Friend: The Further Connections Between Al Qaeda and Saddam, The Weekly Standard, November 2003
Terrorist Behind 9/11 Attacks Trained by Saddam, The Telegraph, December 2003
James Woolsey Links Iraq and AQ, CNN Interview, March 2004, Also see Posts #34 and #35
A Geocities Interesting Web Site with maps and connections:
Bin Laden indicted in federal court, read down to find information that Bin Laden agreed to not attack Iraq and to work cooperatively with Iraq:
Case Closed, The Weekly Standard, November 03
CBS - Lawsuit: Iraq involved in 9/11:
Exploring Iraq's Involvement in pre-9/11 Acts, The Indianapolis Star:
The Iraq/AQ Connection: Richard Minister again
Militia Defector says Baghdad trained Al Qaeda fighters in chemical weapons, July 2002
The Clinton View of Iraq/AQ Ties, The Weekly Standard, December 2003
Saddam Controlled the Camps (Iraq/AQ Ties): The London Observer, November 01
Saddam's Terror Ties that Critics Ignore, National Review, October 2003:
Tape Shows General Wesley Clark linking Iraq and AQ:
The Missing Link (What the Senate Ingelligence Report Said about Iraq/AQ Connections)
Credit to Peach for the above info.
Credit to joesbucks for the following links:
Dozens of links here:
Just a few of those links include:
The Clinton Justice Department's indictment against OBL in federal court which mentions the terrorist's connections to Iraq. November 4, 1998. The federal indictment:
Iraq and AQ agree to cooperate. The federal indictment against OBL working in concert with Iraq and Iran is mentioned. November 1998. The New York Times
Saddam reaching out to OBL January 1, 1999. Newsweek
ABC news reports on the Osama/Saddam connections January 14, 1999. ABC News
Western Nightmare: Saddam and OBL versus the World. Iraq recruited OBL. February 6, 1999. The Guardian
Saddam's Link to OBL February 6, 1999. The Guardian
Saddam offered asylum to bin Laden February 13, 1999. AP
And kabar submitted these two little gems showing Bin Laden supported Iraq and its struggle against the US and the West.
1996 Fatwa: "Declaration of War against the Americans Occupying the Land of the Two Holy Places."
Thanks! The fact that Saddam's son's newspaper predicted the exact attacks 6 weeks before the attacks tells me all I need to know.
Nice anti-Israel AP photo where the photographer was trying to capture Cheney with the emanest face possible.
"The U.S. invasion, occupation and counterinsurgency campaign in Iraq over the past four years has claimed the lives of at least 3,193 U.S. soldiers,"
AP has to make sure they get that obligatory statistic in this article as in every article on Iraq. Sometimes I think they slip it into non-Iraq related articles as well.
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Sci fi/Fantasy image byCheryl Chastant
I cannot stay away from the cat furries. This lady is an acrylic ink wash, with sharper lines added with a 'quill' pen. I'm not completely satisfied with the colors yet.
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July 17, 2007
TAGOBIS FOSTER, AS SPECIAL ADMINISTRATOR FOR JAMES T. FOSTER, DECEASED, PLAINTIFF,v.WILLARD O ELYEA, CHARDONNAY DIALYSIS, INC., WEXFORD HEALTH SOURCE, INC., DR. PARTH GHOSH, JIMMY DOMINGUEZ AND MARY GARBS, DEFENDANTS.
This is an Eighth Amendment deliberate indifference claim brought pursuant to 42 U.S.C. § 1983 (2007) by plaintiff Tagobis Foster ("plaintiff") acting as special administrator for James T. Foster ("Foster"), who is deceased. Plaintiff alleges that Foster passed away while an inmate at Statesville Correctional Center, and that defendants' failure to provide him with prescribed medication, treatment, diet, or exercise opportunities hastened his death or caused him great emotional distress. Defendants Wexford Health Sources, Inc. ("Wexford") and Dr. Parth Ghosh ("Dr. Ghosh") have filed a motion to dismiss plaintiff's amended complaint, and defendants Willard O. Elyea ("Elyea"), Jimmy Dominguez ("Dominguez"), and Mary Garbs ("Garbs") have also filed such a motion.*fn1 For the following reasons, I deny Garbs, Dominguez and Elyea's motion, and grant Wexford and Dr. Ghosh's motion in part and deny it in part.
In ruling on defendants' motions to dismiss, I must accept as true the well-pled facts in plaintiff's complaint. Thompson v. Illinois Dep't of Prof'l Regulation, 300 F.3d 750, 753 (7th Cir. 2002). I must view the allegations in the light most favorable to plaintiff. Gomez v. Illinois State Bd. of Educ., 811 F.2d 1030, 1039 (7th Cir. 1987). Dismissal of plaintiff's claims is proper if plaintiff has not, at minimum, made enough factual allegations to raise a right to relief above a "speculative level." Bell Atl. Corp. v. Twombly, 127 S.Ct. 1955, 1964 (2007) (citations omitted).
Plaintiff's complaint alleges that Elyea was the medical director of the Illinois Department of Corrections ("IDOC"), and that Dominguez and Garbs were IDOC employees personally involved in delivering medical services to Foster. (Compl. ¶¶ 3, 7-8.) He also alleges that Wexford and Dr. Ghosh provided medical services to Foster (Id. at ¶¶ 5-6.). According to the complaint, Foster suffered from type two diabetes, a vision disability related to his diabetes, high blood pressure, congestive heart failure, and was on dialysis due to kidney failure. (Id. at ¶ 9.) Plaintiff alleges that all defendants knew that Foster faced a substantial risk of death if he did not receive "prescribed medication, treatment, diet and exercise," but that defendants failed to provide those things to him. (Id. at ¶¶ 10-11.) Defendants' alleged failure to do so was either the proximate cause of Foster's death, hastened his death, or caused him great emotional distress. (Id. at ¶ 12.)
Defendants' respective motions raise several arguments. First, Elyea, Dominguez and Garbs argue that the complaint does not properly allege that they were deliberately indifferent to Foster's serious medical condition. I disagree. To state an Eighth Amendment claim for failure to provide medical care, as plaintiff attempts to do here, a plaintiff must allege facts from which the inference can be drawn that defendants were deliberately indifferent, as opposed to negligently or inadvertently indifferent, to the plaintiff's serious medical needs. Wynn v. Southward, 251 F.3d 588, 593-94 (7th Cir. 2001) (citations omitted). The requirements of notice pleading do not require a plaintiff to specifically plead intent in these circumstances. See FED. R. CIV P. 9(b) (intent may be averred generally). Plaintiff alleges that, despite knowing Foster faced a risk of death if he did not receive treatment for certain health problems, defendants failed to provide or cause others to provide treatment. (Compl. ¶¶ 10-11.) This is a sufficient allegation that defendants were deliberately indifferent to Foster's serious medical needs. See Farmer v. Brennan, 511 U.S. 825, 842 (1994) ("[A]n Eighth Amendment claimant need not show that a prison official acted or failed to act believing that harm actually would befall an inmate; it is enough that the official acted or failed to act despite his knowledge of a substantial risk of serious harm.").
Defendants contend that the complaint is even less sufficient as to Elyea's liability because, although it alleges that Elyea was medical director, it does not allege that he was personally involved in delivering medical services to Foster. However, this does not matter. Foster has specifically alleged that Elyea personally knew that if Foster did not receive treatment he faced a substantial risk of death, but nevertheless failed to provide treatment. This is a sufficient allegation to survive a motion to dismiss. See id.
Defendants Wexford and Dr. Ghosh contend in their motion to dismiss that the complaint is insufficient because it does not identify what medical condition Foster had that was improperly treated, or what treatment defendants failed to provide. However, notice pleading does not require this level of detail; plaintiff's claim has sufficiently alleged facts to raise his right to relief above a speculative level, which is all that is required. See Bell Atl. Corp., 127 S.Ct. at 1964. Further, viewing the allegations in the light most favorable to the plaintiff, it is clear that the allegations relate to treatment for the medical conditions specifically alleged in paragraph 9 of the complaint.
Wexford and Dr. Ghosh also argue that Wexford is not a proper defendant because plaintiff has not alleged any facts to show that it is directly, rather than vicariously, liable. Under § 1983, corporations, like municipalities, cannot be held vicariously liable. Jackson v. Illinois Medi-Car, Inc., 300 F.3d 760, 766 (7th Cir. 2002) (citing Iskander v. Vill. of Forest Park, 690 F.2d 126, 128 (7th Cir. 1982)). Plaintiff responds that his complaint alleges that one of Wexford's employees with final policy making authority caused Foster's injury, which is an appropriate basis for direct liability against a corporate defendant. See Chortek v. City of Milwaukee, 356 F.3d 740, 748-49 (7th Cir. 2004) (citing Rasche v. Vill. of Beecher, 336 F.3d 588, 597 (7th Cir. 2003)). The complaint does not specifically reference any employee or agent of Wexford, however, and only alleges actions taken by Wexford itself. (Compl. ¶¶ 10-11.) From the complaint, the basis for liability against Wexford is not clear enough to provide notice to Wexford of the claims against it. See Day v. Cline, No. 06 C 848, 2006 WL 2931461, at *3 (N.D. Ill. Oct. 12, 2006) (collecting cases). Therefore, I grant this aspect of Wexford and Dr. Ghosh's motion to dismiss, and dismiss plaintiff's claims against Wexford.
For the above reasons, I deny Elyea, Dominguez and Garbs's motion to dismiss. I deny Wexford and Dr. Ghosh's motion in part, but grant it as to plaintiff's claims against Wexford. Plaintiff's claims against Wexford are therefore dismissed.
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Category Archives: Swiftwick Time
Fight the Mid-day Slump #SwiftwickTime
The first week of #SwiftwickTime was a huge success. Here in the office, we would like to think that it is due to the fact we were up and moving around. I must admit, though, that the good laughs we shared together during the workouts did help. Nevertheless, the employees and I were happier going into the late afternoon. The goal of #SwiftwickTIme had been achieved. Continue reading
Daily Workouts Designed For Your Work Day Working a 9-to-5 can be really tough on the body. Sitting in the same position at your desk and doing the same repetitive movements can take a toll on the muscles in your … Continue reading
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Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War Americaby Garrett Epps
A riveting narrative of the adoption of the Fourteenth Amendment, an act which revolutionized the U.S. constitution and shaped the nation's destiny in the wake of the Civil War
Though the end of the Civil War and Lincoln's Emancipation Proclamation inspired optimism for a new, happier reality for blacks, in truth the battle for equal rights was just/p>/b>
A riveting narrative of the adoption of the Fourteenth Amendment, an act which revolutionized the U.S. constitution and shaped the nation's destiny in the wake of the Civil War
Though the end of the Civil War and Lincoln's Emancipation Proclamation inspired optimism for a new, happier reality for blacks, in truth the battle for equal rights was just beginning. Andrew Johnson, Lincoln's successor, argued that the federal government could not abolish slavery. In Johnson's America, there would be no black voting, no civil rights for blacks.
When a handful of men and women rose to challenge Johnson, the stage was set for a bruising constitutional battle. Garrett Epps, a novelist and constitutional scholar, takes the reader inside the halls of the Thirty-ninth Congress to witness the dramatic story of the Fourteenth Amendment's creation. At the book's center are a cast of characters every bit as fascinating as the Founding Fathers. Thaddeus Stevens, Charles Sumner, Frederick Douglass, Susan B. Anthony, among others, understood that only with the votes of freed blacks could the American Republic be saved.
Democracy Reborn offers an engrossing account of a definitive turning point in our nation's history and the significant legislation that reclaimed the democratic ideal of equal rights for all U.S. citizens.
Editorial Reviews
"The Civil War amendments redeemed the Constitution from the slavery concessions that had betrayed its preamble and perpetuated human bondage both North and South. Garrett Epps' new book is indispensable reading for Americans to know how our constitutional history has affected us all. A combination of the finest scholarship with unsurpassed insight." William Van Alstyne, Perkins Professor of Law emeritus, Duke University; Lee Professor of Constitutional Law, College of William and Mary
"Garret Epps is one of our best legal historians, and he has produced a fascinating book on the creation and impact of the 14th Amendment. The people who wrote our Constitution were America's original Founders, but the amazing group that produced the 14th Amendment were like our second wave of Founders, helping our nation be reborn into the democracy it is today." Walter Isaacson, author, Benjamin Franklin: An American Life
"It is best to be blunt. This is a thrilling book. Garrett Epps has woven together the tragic strands of America's effort to deal with the issue of race in the Constitution. Law, politics and statecraft clash in a great drama." Anthony Lewis, author of Gideon's Trumpet
"Garrett Epps is one of the most fluid and accessible writers in the legal academy. Not surprisingly, he has written a marvelous overview of immediate post-Civil War politics that gave us the Fourteenth Amendment and, as importantly, a new understanding of the American experiment." Sanford Levinson, University of Texas Law School, author of Our Undemocratic Constitution: How the Constitution Goes Wrong (and How We the People Can Correct It)
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- 9781466851252
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- Holt, Henry & Company, Inc.
- Publication date:
- 07/30/2013
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- Macmillan
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Democracy RebornThe Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America
By Epps, Garrett
Henry Holt and Co.Copyright © 2006 Epps, Garrett
All right reserved.
Philadelphia 1787: Red Sky at Morning
From his vantage point in Paris, Thomas Jefferson had hailed the makeup of the Constitutional Convention of 1787 in characteristic hyperbole. "It really is an assembly of demi-gods," he wrote to John Adams.
Perhaps. But by August 1787, the demigods were feeling tired and distinctly mortal. Since May 25, they had spent day after day in the small assembly room of the Pennsylvania statehouse, dressed in wool and broadcloth finery amid the humid swelter of Philadelphia--the new nation's cosmopolis, to be sure, but still in summer something of a fever port. To make the room even hotter, they had barred the windows, lest the revolutionary plan they were hatching--to scrap the entire American political system and replace it with a powerful national government--leak out before their work was completed. Day after day, they had marched through agonizing problems. Would the new government have no executive, multiple executives, or only one? That dilemma was solved by creating a powerful presidency custom-tailored for the convention's presiding officer, George Washington. Would there be a new system offederal courts? That one they finessed, by creating a Supreme Court and leaving the question of lower courts to the discretion of future Congresses. How would the new Congress be selected? The large and small states had compromised on this, creating a House apportioned by population and a Senate in which each state would be equal. Who could veto laws passed by Congress? They lodged this power solely in the president, just as the British reposed it in their king. What powers would Congress have? Nationalist delegates like James Madison wanted the Constitution to state that Congress would have the power to "legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual Legislation [and] to negate all laws passed by the several States." But delegates jealous of the powers of the states had forced a retreat, giving Congress a set of enumerated powers that were designed to keep it out of local matters.
What we know about what went on in that small hot room is mostly revealed in handwritten notes taken by Madison, the strongest advocate of a powerful new national government. Many delegates took lengthy leaves of absence during the summer, drawn away by their own business affairs or the deliberations of the Continental Congress, meeting in New York. Not Madison. Day after day this earnest, brilliant little man was in his seat, scribbling in his odd abbreviated style what each delegate had to say about each part of the proposed new government. Night after night, while other delegates relaxed amid the pleasures of a city known for fine wine, sophisticated conversation, and beautiful women, Madison stayed at his desk, revising his notes and reviewing the historical record of federal republics, beginning with the Amphictionic League of ancient Greece and moving forward to the contemporaneous Dutch Republic. Madison's gifts to the new country include the plan of both the Constitution and the Bill of Rights; but even set against those triumphs, his handwritten notes represent an important legacy to the future.
Those notes spark many feelings in Americans today. There is exhilaration and pride, to be sure. These fifty-five men, who came from states with radically different interests and wildly divergent social systems, were patient, practical, and often eloquent. They were willing to listen to those who differed with them and to change their most profound ideas if the arguments on the other side seemed good--or the disagreement so profound that it might threaten the convention with failure.
The debates, however, also spark dismay and even shame. The demigods did not see how inequality of wealth and status, of sex and race, would poison the new republic they were building. A reader feels compassion, too, for men who were racing against chaos in the new country to build a structure for a future they could only dimly foresee. And finally, from time to time, there is puzzlement. Because amid the true debate--the cut and thrust of brilliant minds with differing views--there were repeated moments of reticence, when important questions about the future were floated by one speaker or another, only to fall dead without any response in the still dusty air of the hall. Such a moment came on September 12, after the convention had, with great labor, produced an all-but-final draft of the document to be adopted. Without warning, George Mason of Virginia (who would eventually refuse to sign the Constitution because he viewed it as a blueprint for "monarchy, or a tyrannical aristocracy") popped up to suggest that the convention should now produce a Bill of Rights. "It would give great quiet to the people," Madison records Mason saying, "and with the aid of the State declarations, a bill might be prepared in a few hours."
Like marathon runners hearing that the finish line might be moved a couple of miles farther back, the convention received this idea in sullen silence. Not a single state delegation voted to proceed with drafting a Bill of Rights. It was a mistake; the lack of a Bill of Rights outraged many Americans, and came close to dooming the new Constitution to rejection.
But of all the lost voices of Philadelphia 1787, the one that should most haunt modern ears is that of Gouverneur Morris of New York, who rose on August 8 to say what many of the delegates knew in their heart, but deeply wished not to acknowledge or discuss.
Crowded as the delegates were in the small meeting room in the East Wing, there was something huge in it with them--an ill omen that no one truly wanted to acknowledge. As Philadelphia spring turned to summer, most of those present had come to realize that the infant republic carried within it the seeds of its own destruction, flaws that might strangle the child in the cradle, or destroy it years or even decades later.
When the delegates gathered, they had expected friction between the large powerful states like Virginia and New York on the one hand and the small states like New Jersey and Georgia on the other. That divide surfaced quickly and shaped the schemes for electing Congress and the president. But another less expected division appeared in Philadelphia--one that never went away again. On June 30, Madison noted that "the States were divided into different interests not by their difference of size, but by other circumstances; the most material of which resulted partly from climate, but principally from their having or not having slaves. These two causes concurred in forming the great division of interests in the U[nited] States. It did not lie between the large & small States; it lay between the Northern and the Southern. . . ."
The divide was not as simple as we might imagine today. There was no gulf between "slave states" and "free states" because in 1787 there was only one free state--Massachusetts, where a court decision had effectively throttled the institution in 1783. (Vermont, which had abolished slavery in 1777, was still an independent republic and would not join the Union until 1791.) There were slaves in all the other states--twenty thousand of them in New York alone. But there was a difference between North and South--the difference of climate Madison referred to. Slavery in the North was an embarrassment; worse than that, it was unprofitable. But in the plantations of the South, soil and rainfall favored the cultivation of cash crops for sale abroad--tobacco, rice, indigo and, more recently, cotton. Those crops could only be grown profitably with slave labor, and the planters who ruled the Southern states found that embarrassment lessened as profits increased. They were wed to slavery and zealous to protect it from any new government created in Philadelphia. The men sent by the South--led by Charles Pinckney and his cousin, General Charles Cotesworth Pinckney, both of South Carolina--wanted a federal government that would have no power over slavery. More than that, the new government must be pledged to protect slavery as well. "S[outh] Carolina & Georgia cannot do without slaves," General Pinckney explained to the convention. Over and over during the weary months of constitution-making, the Southerners made their position clear: if they did not get protection and support for slave property, the South would not join the new Republic and the convention's program would fail.
The prospect of disunion was terrifying to all the delegates, Northern and Southern. Gouverneur Morris on July 5 had set out starkly what he saw as the stakes; they were not just national survival but perhaps the very lives of those present and their families. Disunion meant civil war and blood running in the streets. "This country must be united. If persuasion does not unite it, the sword will," he warned. "The scenes of horror attending civil commotion cannot be described, and the conclusion of them will be worse than the term of their continuance. The stronger party will then make traitors of the weaker; and the Gallows & Halter will finish the work of the sword."
But Southerners vowed they would risk disunion rather than give up the protections they sought. Northerners believed them; and so, link by link, they forged the multiple chains that would tie slavery to the federal government. Congress could control interstate and foreign commerce, but it would not be allowed to bar the import of slaves until 1808. Northern states were required to return runaway slaves to their Southern masters, even if slavery became illegal in the North. If the Southern states faced a slave revolt, the federal government was required to furnish troops to crush it. Congress could tax imports (which the people of the North depended on) but not exports--the cash crops that fueled the slave economy.
Many of the Northern delegates were embarrassed by the bargain they felt forced to strike. But the discomfort did not break out into the open until the convention tackled the issue of apportionment. The new House of Representatives would be chosen "by the People of the several states." But power in the House was to be distributed according to population. Here the power of the slave states became more than embarrassing; it began to seem onerous. Led by the Pinckneys, Southern delegates at first insisted that every slave be counted in the state's population for apportionment; these human chattels, who could not vote or marry or enter into contracts or testify in court, were nonetheless entitled to representation in Congress--representation that their white masters would supply, gaining power in the federal government as a reward for their maintenance of a slave system. With a great show of magnanimity, the South at last consented to abandon the idea of full representation for its slaves. Instead, it would "compromise" at something called "the federal ratio," which had once been proposed by the Continental Congress for the apportionment of taxes. For each slave, the state would receive credit for three-fifths of a free citizen. As a result, one white voter in the South might have the same power as two or even three in the North.
Nor was that the end of it. Madison had proposed that the people elect the president; but the Southern interests feared being outvoted in those elections, too, and they supported another "compromise"--the president would be chosen by "electors," and each state would have the same number of electors as it had members of Congress. Thus the slaves who boosted Southern power in the House would also give it a heightened voice in the choice of the president as well.
On August 8, the "three-fifths compromise" finally pushed Gouverneur Morris over the edge of parliamentary politeness. Morris had warned the convention of the consequences of disunion, an apocalyptic vision of civil war and summary execution. Now he looked at the alternative--union on Southern terms--and he did not like that much better.
In 1787, Morris was a veteran revolutionary, though still only thirty-five. Born in New York, he had been selected as a delegate to the convention from Pennsylvania, where he had moved only ten years earlier. His figure was unforgettable. Well over six feet tall (his political enemies called him "the Tall Boy"), he was the only delegate who could match the convention's president, George Washington, in physical stature. His appearance was unforgettable, not only because of the good looks that attracted women to him throughout his life, but because a carriage accident had led to the amputation of his left leg seven years earlier. He would hoist himself aloft on a wooden leg and teeter above his colleagues as he spoke. Morris rose often--only Madison and James Wilson of Pennsylvania spoke more often than he did during the deliberations. And when he spoke, the members took notice--though not a few, no doubt, did so with as much disquiet as fascination. Because Morris not only spoke often, he spoke well, and, unlike many more practical politicians, he said what was on his mind.
One recent biographer, Richard Brookhiser, has called Morris "the rake who wrote the Constitution." Rake he was, both as a young man and in the years after Philadelphia, when he scandalized Paris with his affair with Adèle de Flahaut, a married woman who was also the mistress of the Revolutionary diplomat Talleyrand. As for the Constitution, he might better be called its "editor"--true authorship, if it lies anywhere, goes to Madison--but Morris's agile pen smoothed out the final version before adoption, adding, among other things, the felicitous words "We the People of the United States." Morris's constitutional effectiveness stemmed from his politics, which are even more worthy of note than his amours: he was that rarest and most useful of figures, a conservative who genuinely embraced radical change.
During the years before Independence, Morris had repeatedly sought to slow the momentum toward revolution. But once the colonies were in the fight, he single-mindedly pursued victory. He was not a soldier (he was once nominated for a commission in the New York militia, but was repulsed at the idea that his unit would be commanded by a mechanic, far below him in social status). He was, instead, a decisive, even ruthless, man of affairs. Beginning in 1778, he began to work with the Revolution's financier, Robert Morris (no relation), to bring stability to the colonial economy and to raise much-needed funds to pay soldiers and purchase matériel. As a member of the Continental Congress, he spent the terrible winter of 1778 at camp with Washington at Valley Forge. Though his first response was characteristically worldly ("there are no fine Women here," he mournfully wrote a friend), the ordeal of the Continental army convinced him that an army moves on its nation's pocketbook as much as on its stomach; the very survival of the Revolutionary cause depended on convincing the members of the Congress, and the skittish state governments they represented, to tax themselves in order to pay and supply the troops in the field. Morris was one of the first strong advocates of a national currency; he suggested that it take its name from the popular Spanish dollar. In early 1783, when the Continental army threatened Congress with revolt if the troops were not paid, Morris was in the background, endorsing, if not helping plan, the confrontation. He viewed it as the only way to convince the nation to "give to the Government that power without which Government is but a Name."
August 8 displayed Morris's conservative radicalism at its finest. On that day, he moved to rescind the three-fifths compromise and to base representation in Congress only on the number of "free inhabitants" in a state.
Madison meticulously noted Morris's explanation, which cut to the heart of the dilemma confronting the delegates. Morris "never would concur in upholding domestic slavery. It was a nefarious institution. It was the curse of heaven on the States where it prevailed." States that relied on slavery, he said, were poor, unhappy, barren, ignorant, and uneducated, a picture that must have nettled the Pinckneys (and perhaps the slave-owning Madison himself). "Upon what principle is it that the slaves shall be computed in the representation?" Morris asked. That proposal "comes to this: that an inhabitant of Georgia and [South Carolina] who goes to the Coast of Africa, and in defiance of the most sacred laws of humanity tears away his fellow creatures from their dearest connections & damns them to the most cruel bondages, shall have more votes in a Gov[ernment] instituted for protection of the rights of mankind, than the Citizen of P[ennsylvania] or N[ew] Jersey who views with a laudable horror, so nefarious a practice."
This was a fool's bargain, Morris warned. "What is the proposed compensation to the Northern States for a sacrifice of every principle of right, of every impulse of humanity[?] They are to bind themselves to march their militia for the defence of the S[outhern] States; for their defence ag[ainst] those very slaves of whom they complain." Then he said plainly what many delegates must have been thinking: not only did slavery risk calling down God's judgment on those who maintained it, but the institution had now warped the new Constitution almost beyond redemption. "He would sooner submit himself to a tax for paying for all the negroes in the U[nited] States, than saddle posterity with such a Constitution."
Even more than two centuries later, Morris's words are compelling; but after he spoke them, an eerie calm returned. In future years, words such as Morris's would earn Northern leaders challenges to a duel, or blows of the bastinado; but on this occasion the Southern delegates found them unworthy of any but the most dismissive reply. "Mr. [Charles] Pinckney [of South Carolina] considered the fisheries & the Western frontier more burdensome to the U.S. than the slaves," Madison noted. "He thought this could be demonstrated if the occasion were a proper one." Then Morris's motion was put to a vote; it failed ten states to one, and was lost forever.
The problem of slavery and its political power was rarely mentioned again; and on September 10, when Morris sat down at the head of the "committee on stile" to put the Constitution into final form, he did not object to any of the provisions he had excoriated the month before. Between disunion and "the curse of heaven," he, like most other delegates, opted for the curse.
When the delegates finally signed the Constitution on September 17, the aged Benjamin Franklin rose to rejoice in the convention's success. On the back of the president's ceremonial chair in the hall, he pointed out, craftsmen had painted a sun half-hidden by the horizon. "Painters," Franklin said, "had found it difficult to distinguish in their art a rising from a setting sun." But with the adoption of the new draft Constitution, "I have the happiness to know that it is a rising and not a setting Sun."
The old man was right. The Constitution, after much suspense, was ratified, and the United States took its place on the world stage as a full-grown republic, capable of growth, change, and self-defense. But we now know that Franklin's rising sun was ascending into any sailor's nightmare, an angry red morning sky. What historian Leonard Richards called "Morris's Prophecy" proved prescient indeed. The "curse of heaven" troubled the new union from its inception, and the storms came more often and more violently as its history progressed. To most Americans, the Framers of the Constitution are more than demigods. They are "the Founding Fathers." They predicted America's rise to world dominance and political stability; they found the "brilliant solution" that led to "the miracle at Philadelphia"; like Einstein or Prometheus, they "split the atom of sovereignty": like God in the six days of Creation, they brought a new world into being.
But demigods are not gods, and the Constitution of 1787 was neither divine nor eternal. The compromises the Framers made brought the government into being; but they doomed it as well. The political power the Framers gave to the slave states grew and grew in importance as the eighteenth century turned into the nineteenth. By early in the federal period, many Northerners began to complain that the slave South would, under the new rules, always outvote the free North. Within a few years, they had coined a term to describe the problem. The nation, they said at first hesitantly and then more insistently with each passing year, was not ruled by "we the people." It was ruled by something they called "the slave interest," or "the slavocracy," or, most commonly, "the Slave Power." With its constitutional privileges, the Slave Power ruled Washington, and whether the issue was taxation, war, or westward expansion, this protected interest was able to shape national policy to its will. Because the federal government had limited powers, the slave states were able to impose strict control on their own populations. No voices challenging slavery were permitted, and whoever lost Southern elections, slavery always won. Because the structure of the federal government was built around the three-fifths compromise, the South had congressional and electoral votes to bargain for Northern support. By the 1830s, many Northern voices had begun to suggest that Morris had been right all along--the Union with slavery at its heart was more dangerous to free Northern society than no Union at all.
Then, after years of threats, crises, and cobbled-together compromises, the nation was obliged to fight yet another, far bloodier, revolutionary war. The Constitution of 1787 died at Fort Sumter. And when the guns fell silent in 1865, the Union was still in grave danger.
Those who gathered in Washington after Appomattox knew that victory depended on taming the Slave Power, on making sure it did not survive the death of slavery itself. A few small adjustments would not save the nation. What was needed was a renovation of the Framers' house. That renovation appears today toward the end of the Constitution under the bland heading "Amendment XIV." At more than four hundred words, the Fourteenth Amendment is the longest amendment ever ratified, and it has, over time, changed almost every detail of our national life. Scholars have called it "the second Constitution." This second Constitution was not perfect, to be sure; like the first, it was marred by compromise and expediency, as the first had been. But it did produce--in words Gouverneur Morris wrote into the final text of the Constitution--"a more perfect union" than the old one.
Even though Americans still revere the demigods of 1787, few of us know the names or the stories of the sages of 1865. The leaders whose work is detailed in this book, though, belong in our historical memory alongside Madison, Franklin, and Morris. It is they, not the Philadelphia Framers, who planted democracy's seeds in the Constitution.
Who are the most important of this group? President Andrew Johnson, to begin with, more or less forced constitutional change on the country through his obstinate refusal to acknowledge that the Civil War had changed anything. Johnson's adamant opposition to reform energized his enemies in Congress, who came together to frame the Fourteenth Amendment. Senator Charles Sumner of Massachusetts, and Representative Thaddeus Stevens of Pennsylvania, spoke for the new constitutional vision that came directly out of American antislavery and abolitionism, and their experience with the Slave Power shaped the amendment's final text, directly and indirectly. Senator William Pitt Fessenden of Maine, a less intense, more intellectual antislavery voice, spoke in the cool, rational tones of Framers like Madison and Morris. Senator Lyman Trumbull of Illinois had already learned how to create constitutional change, as the principal author of the Thirteenth Amendment outlawing slavery. Representative John Armour Bingham of Ohio drew his inspiration from a stubborn, dissenting Presbyterianism; he insisted that America's destiny was to create a republic of equal citizens modeled directly on the kingdom of God.
Not all the important players held political office. The black abolitionist Frederick Douglass was active outside Congress, opposing some of the compromises that white members of Congress thought expedient. The German-American soldier, diplomat, and politician Carl Schurz insisted that the new American republic must include immigrants and their children on equal terms with other Americans. The utopian crusader Robert Dale Owen, American voice of socialism, birth control, divorce, and spiritualism, was a profound ideological force and produced a draft that led directly to the amendment's final text. The feminist leaders Susan B. Anthony and Elizabeth Cady Stanton, who could not vote or serve in Congress, nonetheless shaped the debate about the new meaning of freedom.
These "Re-Framers" were not demigods. Most were practical, sometimes rather prosy men in frock coats who bear an uncomfortable resemblance to politicians in the early twenty-first century. By turns prescient, bold, altruistic, blind, timorous, and self-seeking, they nonetheless saved the nation as surely as did the men of 1787. We live in the house they redesigned.
Copyright© 2006 by Garrett Epps
Excerpted from Democracy Reborn by Epps, Garrett Copyright © 2006 by Epps, Garrett. Excerpted by permission.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
Meet the Author
Garrett Epps is the author of The Shad Treatment and The Floating Island: A Tale of Washington. He is the Orlando John and Marian H. Hollis Professor at the University of Oregon School of Law. He lives in Eugene, Oregon.
Garrett Epps is the author of The Shad Treatment and The Floating Island: A Tale of Washington. He is Orlando John and Marian H. Hollis Professor at the University of Oregon School of Law where he teaches constitutional law and a special course in creative writing for law students. Epps writes fiction and poetry as well as nonfiction, and has translated or adapted literature into English from both Spanish and Italian. He has two children, Daniel and Maggie.
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ABN Amro takeover05 Jun 2007
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RBS-led consortium claims fewer job cuts
The Royal Bank of Scotland-led consortium claimed that the offer for ABN Amro from rival bidder Barclays would put 9,000 more Britons out of work than its own proposal to buy the Dutch bank.
RBS said its proposed deal would lead to a maximum of 2,000 job losses in UK but the Barclays deal would mean a cull of about 11,000 in UK headcount.
RBS said that compulsory redundancies in the UK were "highly unlikely� because reductions would be achievable through natural turnover. The Scottish bank and its partners, Banco Santander and Fortis, gave the news on jobs to ABN's Central Works Council, which has the power in certain circumstances to mount legal challenges to bids.
Under the €71bn (€95.8bn) consortium bid, the Netherlands will suffer the larger share of the job cuts - with 6,000 expected as Fortis merges its business with ABN's Dutch arm.
Barclays, on the other hand, is expected to cut comparatively few positions at ABN - with the axe mainly falling in middle management. The UK bank expects the key efficiency measure of cost to income to return to Barclays' current level of 52% within three years. ABN operates at a highly inefficient 68%.
Analysts pointed out that the consortium's €6.8bn integration costs are significantly higher than Barclays' €3.6bn, suggesting expensive redundancy payments. Of ABN's 5,000 UK employees, job losses are expected to be heaviest among highly paid investment bankers.
Meanwhile, trade unions from more than a dozen countries have demanded detailed talks with rival banks bidding for ABN Amro.
Unions representing staff at RBS, Fortis Santander, Barclays and ABN Amro met in London on Monday to discuss their response to the takeover battle for the Dutch bank.
Uni, an international confederation of unions representing 15 million workers, demanded that the banks: avoid compulsory redundancies; preserve union-negotiated agreements on staff terms and conditions; and enter into negotiations with the unions.


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March 15, 2006
OLUYOMI ODUMOSU, PLAINTIFF,v.FRANCIS E. BLANCO, ET AL., DEFENDANTS.
THE COURT having issued an order to show cause why the action should not be stayed and administratively terminated with leave to reopen, for good cause shown, pending disposition of the related state proceedings through the administrative and state court levels (dkt. entry no. 4); and it appearing that this is an action, inter alia, to recover damages pursuant to 42 U.S.C. § 1983 ("Section 1983 Claim"); and the plaintiff alleging that she was wrongfully terminated from her employment with the Department of Recreation, Natural Resources and Culture for the defendant City of Trenton (Compl., at 2, 7); and the defendants removing the action from state court based on the Section 1983 Claim (Rmv. Not., at 2); and the plaintiff alleging in the complaint that the subject matter of this action is being addressed in an "appeal[] [from] her termination to the New Jersey Department of Personnel, and that appeal is pending at the New Jersey Office of Administrative Law [under] OAL Docket No. CSVLT 04325-2005S, Agency Ref. No. 2005-2312-I" (Compl., at 17); and
IT APPEARING that a district court should abstain from exercising jurisdiction in an action if there are (1) state proceedings that are related and pending, (2) important state interests implicated therein, and (3) adequate opportunities to raise federal claims therein, Middlesex Cty. Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423, 435 (1982), Younger v. Harris, 401 U.S. 37, 43-54 (1971); and it also appearing that a district court should stay a federal action - rather than dismiss the complaint - if the state proceedings are administrative in nature, in order to assure the federal claims are actually resolved, Gwynedd Props. v. Lower Gwynedd Twp., 970 F.2d 1195, 1204 & n.14 (3d Cir. 1992) (stating district court without discretion to dismiss rather than stay monetary-relief claim that may not be redressed in state proceeding), Bongiorno v. Lalomia, 851 F.Supp. 606, 610-17 (D.N.J.) (staying action sua sponte, rather than dismissing complaint, as monetary-damage claim might not be resolved in pending state proceeding), aff'd, 39 F.3d 1168 (3d Cir. 1994) (table decision); and it appearing that a state administrative proceeding is considered to be a "proceeding" under Younger, see Zahl v. Harper, 282 F.3d 204, 209 (3d Cir. 2002) (stating same), N.J.Ct.R. 2:2-3 (setting forth procedure for further state-court review); and
THE COURT having been inclined to stay and administratively terminate this action with leave to reopen; and the Court having reviewed the papers submitted in support of and in opposition to the order to show cause; and
THE PLAINTIFF, in response to the order to show cause, stating that (1) the Section 1983 Claim "could be effected [sic] by the outcome of the administrative proceeding" (2-6-06 Lehmann Cert., at 5; see 2-6-06 Pl. Br., at 22 (stating "there is a possibility that the adjudication of the . . . administrative proceeding could preclude Plaintiff from asserting her 1983 action as to her termination")), and (2) the proceeding "is currently pending at the New Jersey Office of Administrative Law" (2-6-06 Pl. Br., at 8); and thus the Court intending to stay and administratively terminate this action with leave to reopen, for good cause shown, pending disposition of the related state administrative proceedings through the administrative and state court levels; and it appearing that the decision whether to issue a stay pursuant to Younger abstention is a matter within the Court's discretion, see Prevost v. Twp. of Hazlet, 159 Fed.Appx. 396, 397 (3d Cir. 2005) (stating decision to abstain reviewed for abuse of discretion); and it appearing that the Court is authorized to order the aforementioned stay, cf. id. at 398 (reversing order granting motion to dismiss Section 1983 claim where plaintiff brought state administrative proceeding to contest termination, as (1) proceeding had since concluded, and (2) "[a]t most," the district court "could have stayed this suit pending the conclusion of the state appeals");*fn1 and for good cause appearing, the Court will issue an appropriate order and judgment.*fn2
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