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The process of creating a graphic design work will depends on the technical skills in use of many tools that available on the interface photoshop software. You must really understand the characteristics of all the tools are provided in photoshop. It will make the design process more effective and can produce any professional design works. Lack of understanding in use the tools will bring the major problem in the process of casting any design idea that you want to create.
The picture above is the analogy how to crop the image object for the purpose to separate it from the background that may we do not want. In the process of cropping the image object, photoshop provides any variety of tools, you simply choose which one that you thing useful for any purpose in the process to create your design works. The above analogy is how to use the tool that allow you to make the path that use to make selection that look natural and soft. Therefor I prefer to use the one of the tool in photoshop, that is Pen Tool (P). Surely you have to understand the characteristics of the Pen Tool (P) and how to use it.
The first step is open any picture that you want to change the background, and then select the Pen Tool (P) that will used to cut any part of the image that is not expexted. For more details, Ok let's see the picture above. Pen Tool (P) has the ability to follow the edge of the image object in detail. Here you must practice to use and play the flexibility of Pen Tool as shown like the picture above.
Once you have completed to make the path curves of the image object with the Pen Tool (P), you still allowed to reform the path in some other part of the image object. After all has already done you must convert or change the path curve to be the selection of the image object by pressing Ctrl + Click on layer path on the pallet path. Look at the picture above! the next, press Shift + F6 button on the keyboard will show the feather radius value that allow you to adjust itin order to make the result in cutting the edge of the object image more soft. Select the layer image, to remove the background area, press Ctrl + Shift + I selection will select to the background that you want to remove it and by press the Delete button on the keyboard.
Once the background was removed you are free to replace it with another background as you wish. This is a little method but most commonly used to make any graphic design works! Have a try!
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Re: George Von Bargen
In reply to:
George Von Bargen
Peg 4/13/01
I have a George Ernst Wilhelm Von Bargen, born 10may1866 in Wulsdorf, Bremerhaven, Germany and died 23dec1945 in Berlin.
He was the son of Johann Christian Conrad Von Bargen(1823-1891) and Johanne Caroline Henriette Koke(1838-1927). I have a bit more info, if you are interested, I can send you a gedcom file.
Carol Peymann Mitchell

subset: commoncrawl


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Waiting for his car to be fixed, Mr. Satterthwaite sits in a tea shop called the Harlequin cafe, thinking of his friend Harley Quin, whom he hasn't seen in many years. Then, in a burst of sunshine, the very same Mr. Quin walks through the door, along with his diligent dog, Hermes. Satterthwaite is telling him the very long history of the family he is off to visit, when their conversation is interrupted by the abrupt entrance of a member of that very same family, intent upon replacing her harlequin cups.
Satterthwaite desperately asks Quin to accompany him on his trip, but the ever-enigmatic Quin simply leaves his friend with one word, "Daltonism". What does that word mean, and what is the significance of Quin turning up at the tea shop on that day?
©2012 Agatha Christie (P)2012 HarperCollins Publishers
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MarkBass Nano 300 Bass Amp Head
MarkBass Nano 300 Bass Amp HeadDetails
Product Ref: 65903View Full Description
Buy on finance from £9.06 per month Finance from £9.06 per month
Please note: This is only available where all items in the order are dispatched in a single delivery.
To make it as easy as possible for you to get the gear you want, we offer a range of instant finance options. If you spend £250 or more online, you can choose to pay over 48, 36 or 24 months. The majority of decisions are given instantly, so you could get your new gear sooner than you thought!
Representative Example
To help you understand how our finance options work, the examples below are based on a total order value of £250:
|Deposit to Pay
|Total Payable
|Classic Credit 48 Months 14.9%
|No Deposit
|48 months: £6.83
Final payment: £6.83
No settlement fee
|Classic Credit 36 Months 15.9%
|No Deposit
|36 months: £8.65
Final payment: £8.65
No settlement fee
|Classic Credit 24 Months 18.9%
|No Deposit
|24 months: £12.41
Final payment: £12.41
No settlement fee
How to Apply
Applying for finance couldn't be easier - if your order totals £250 or more, simply proceed through the checkout as normal, then select Pay by Finance on the payment page, then click the orange APPLY FOR INSTANT FINANCE button. This will start your application with V12 Retail Finance, our finance partner, and completing this form should take approximately 10 minutes.
You should get an instant answer on whether your application has been successful, though in some rare cases V12 may need to look at the application in more detail.
Please note: This is only available on orders placed via the website consisting of a single delivery, and is not available in store or via phone currently.
Full DescriptionView Full Description
Markbass is renowned for honest, clear tone that compliments a range of musical styles. This distinct tone comes thanks to the Mark Propriety Technology (MPT). This amplifying technology is suited to the variety of note pitches that bass guitars produce. This means you get a bass guitar and amp that work with each other, not around each other. The Nano Mark 300 utilises this to full effect, producing a solid tone from easy controls.
- Line Out
- Effect Send
- Tuner Out
- Speaker Out
- Gain
- Master Volume
- Ground Lift
- Pre/Post EQ
The product price includes 6 years' warranty and 180 day money back guarantee.
However, the Gear4music extended warranty scheme provides an enhanced service, and is designed to offer a higher level of protection than many 'free' warranties offered by some retailers and manufacturers.
The highlights of this enhanced warranty service are:
- Warranty is extended to 6 years from the date of delivery.
- Our Money Back guarantee is extended from 30 days to 180 days (terms apply after 30 days)
- Collection and delivery costs are included for the first 2 years
- Claim 50% cash back on the cost of the policy after 6 years if it has not been used!
- Warranty is transferable if the item is re-sold
- Loan or replacement equipment will be provided if the product isn't repaired within 30 days
- If an item can not be repaired, a similar alternative product or cash discount (as defined in this policy) will be offered
- The policy can be cancelled within 30 days, and at any time after that for a pro-rata discount
Please note that this extended warranty is currently only available on products sold within the EU or EEA, and is subject to the terms and conditions as detailed on the extended warranty certificate provided.
For customers in outlying areas of the country, the price of the Extended Warranty may be marginally higher, due to the potential for higher collection and redelivery transport costs.
This enhanced warranty is in addition to the standard Gear4music and manufacturer warranty policies, and the Gear4music terms and conditions of trade. No statement or condition of sale contained within these terms affects or restricts your statutory rights as defined under the Consumer Contracts Regulation 2014.
Once the product is delivered, you have 180 days to decide that you definitely want to keep it. If you decide it is not suitable for any reason, you can return it back to us for replacement or full refund, including standard delivery charges.
All Products are new unless stated, and include a minimum of 2 years warranty.
Some items are only eligible for money back guarantee if they are returned to us unused and sealed in the original packaging, and in the case of software, unregistered. These items include:
- Software
- CDs & DVDs
- In-ear Monitors
- Earplugs and Ear Protection
- Mouthpieces, Reeds etc… for Woodwind and Brass instruments
- Mouth / Lip Care Products
We are unable to accept returns of any custom made items designed to work together as a unique package, such as computer system built to a customer's personal specifications. Exceptions may only be possible with prior agreement of the vendor, and may be subject to a cancellation fee.
If you also purchase items that do not qualify for free delivery, some delivery charges may be applied to your order which will be shown in your shopping basket.


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One advantage to International Expeditions' location along Alabama's Cahaba River is that we see so much wildlife. This hooded warbler had to be rescued by our own nature travel planner Charlie Weaver when it was injured after running into an office window. After a few minutes, this warbler was back in the wild. But the experience made us wonder what we can do to help birds steer clear of reflective windows. Here are a few tips we found from wildlife experts.
- Keep feeders, baths and other bird attractants less than three feet from your windows. No matter how fast the bird takes off, if it hits the window it will bounce to the ground, dazed but alive.
- If you notice birds always hitting one window, consider placing a few dead branches in front of the problem window. The branches will reflect, but they'll also slow the bird down a bit. Planting a shade tree or some shrubbery close to the window will serve the same purpose, as will an awning.
- Let windows get a little grimy. The dirtier the window, the less reflection and the more birds will see it as a solid object.


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I think I am miscarrying(119 Posts)
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Once you make this payment your debt will be satisfied in full and no further actions are necessary. You will be taken out of collections and your credit will not be effected.


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One of the most common questions I get is what are the differences between VSTO 2005 and VSTO 2005 SE. This can be a little confusing because of the way that the 2 products overlap and the fact that there are 2 versions of Office (2003 and 2007) involved. On kathleen's blog she has created a video which gives the clearest explanation of the 2 products that I have seen.
VSTO 2005 vs VSTO 2005 SE Video Training
Look for more VSTO for Mere Mortal videos soon and be sure to grab a copy of our book.


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- Please select a date to see the proper prices!
Description of the accommodation:
Rooms, services 39 comfortably furnished rooms are offered by Hotel Riederhof Ried im Oberinntal to guests looking for accommodation in Ried im Oberinntal. In case you ever feel like eating in, you may taste delicious local dishes in the restaurant of the hotel. Parking possibility is available nearby for guests arriving by car. The fans of actively spent leisure time may take the nearby opportunities to rent a bike. Upon preliminary request airport transfer is available. The local bar will provide an ideal location for personal meetings and nice evening chats. In the safe your valuables can be the safely secured. At the hotel you may go online via wireless Internet connection (WiFi). If you wish to learn more about the exact scope of services provided by Hotel Riederhof Ried im Oberinntal (including those available for an extra fee) or about the equipment of the rooms, you can find the complete list on the information sheet below.
Payment Credit card guarantee or advance bank card payment may be required for the reservation, depending on the chosen room, date and price.
Arrival, opening hours The earliest time to check in to your room is 14:00, the latest time to check out of your room is 11:00. The personnel of the hotel can speak in English and German with you.
Hotel Riederhof Ried im Oberinntal rooms Rooms
- Please select a date to see the proper prices!
Accommodation services
Free WiFi in shared places
Bike rental at the accommodation
- Steam room
- Jacuzzi
- Pool (Outdoor - seasonally open)
- Finnish sauna
- Solarium
Default services: Pet friendly (5 €/night), Garden, Bar, Elevator, Safe deposit box
Airport transfer
Own restaurant
Bathrobe, Hairdryer, Desk in the room


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Happy Friday! Quick post for you to share I card I made recently.
The stamp is from The Digi Shack and colored with Copics. I used a new pack of paper I got at my LSS, BasicGrey Life of the Party. Very cool! I distressed the edges and added a ribbon. The sentiment is from Clear Dollar Stamps. Quick and easy guy card!
BasicGrey Challenges - Something New! (paper)
Delightful Challenges - Distressed/Vintage
Bizzy Becs - Anything Goes
Thanks for stopping by and have a great weekend!
Friday, January 20, 2012
Saddle Up!
Posted by Brook at 9:14 PM
3 comments:
- Susan Flynn
Love the distressed look my husband would love this card! Thanks for joining in the fun over at Delightful Challenges and hope to see you back again for our next Challenge. Hugs Susan x
- January 22, 2012 at 4:40 AM
- rosalien
Perfect combo with colours and papers. A perfect card for a men. ;) Love it.
Thanks for joining DC.
Hugs, Rosalien
- January 24, 2012 at 9:56 AM
- Bizzi Hands
What a terrific card. Just great for the man.
thanks for joining us at Bizzy Becs.
- February 1, 2012 at 6:31 AM
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Let's take a break from passed out whores and drunken landlords shall we? And move on to other things happening here at the end of the world.
Yesterday I paid a visit to Kayak Kings for some much needed updates to the websites. When I got there, namely to Cow Key Marina, the place had been completely closed. Last month the marina was shut down by the owners and the manager who had run the place for a long time was forced to abdicate and sell off all his assets. Now the entire marina is deserted. No store, no bait, no fuel, and no use of the boat ramp. Kayak Kings remains in a holding pattern whilst new management continues negotiations to renovate or rebuild the marina.
BTW, if you are looking to book a trip with Kayak Kings, Off The Beaten Path Key West, or reserve a few nights on the house boat Free Spirit (not be confused with my old sailboat of the same name), give them a call at 305-896-9006 before you book anything. They are trying to work around the delay as best as they can and will do their best to help you get out on the water. Be patient. Good things are coming later.
Anyways, it's a damn shame to see the old marina not being used. I'm sure the new people will put up something all fancy and shiny but it's going to take a long time. They've already lost lobster season. And with the closing of the boat ramp, that leaves just two public ramps left in the Key West area: The ramp off 11th Street and Flagler, and the ramp out on US 1 as you come onto Stock Island. Neither are in particularly good shape nor do they have sufficient parking. And if you use the ramp at 11th Street be aware you will need to pass under a fairly low bridge where South Roosevelt Avenue crosses Rivera Canal. Check your charts for clearance.
In fact, all the marinas on Stock Island south of US 1 have been going through major changes as mentioned in this article in the Keynoter. There was the renovation and rebuild over at Stock Island Marina Village, then of course HWSNBN and his bullshit at my old marina, whom I will not sully this blog with a link because fuck him. Now, Cow Key Marina, and there will be more to follow.
All these changes, as mentioned in the article, and rumored throughout the boating community, have come about because of Cuba. Now that we are BFF's with the commies to the south, everyone will be coming here as a jumping off point to sail, fly, or teleport down there just as soon as McDonalds and wallymart can put some stores in. If the people of Cuba thought the Castro regime was oppressive, wait until they get a load of life under the 'murican corporate warlords. It ain't gonna be pretty.
Back to Stock Island though. The island itself could use some cleaning up. Everything to the north of US 1 is part of the city of Key West. Everything to the south is county. Said south part right now is a mess. Dirty and run down neighborhoods, beat up old trailers and buildings, and lotsa crime. I lived out there ever since I moved here up until I sold the boat and moved into the luxury residence I have now. It was a pain in the ass to get anywhere as you had to go 3 miles into town to the nearest grocerteria. There are a few small stores out there but a run to the store involved a couple long bus rides or a dangerous bike ride. It's one thing I don't miss.
You could see the developers licking their chops at the thought of picking up all the relatively cheap land out there. Since they are out of the city all they have to deal with is the county when it comes time to bribe, bamboozle, and bullshit officials for building permits and other sexual favors. Development is going full speed ahead out there and nothing will stop it.
From the boating community point of view, which nobody gives a Norwegian rodent's posterior about, except the boating community, all this redevelopment means less access to the waters around Key West, fewer available slips, and forget about live aboards. It's off to the mooring field for them. Unless you have money. Lots and lots of money. All this marina redevelopment is being catered to the high end yacht owners, not the worthless great unwashed. We who are unworthy, are unwelcome.
It's a damn shame to see an island so dependent on said boating community to turn it's back on them. Ever since I came here it seems to be getting harder and harder to do any proper boating here. Ramps, slips, fuel docks, supplies, and options for repairs just seem to be getting more and more difficult to find. The waters around the Keys are absolutely ideal for small boaters. Shallow, relatively safe in rough weather, with lot's of places to explore, dive, fish, and enjoy. It's the getting to said waters which seems to be getting taken away in favor or corporate interests and those with money. The small boating industry has poured a lot of said money into the economy down here but it doesn't seem to matter anymore.
Well, nothing I can do about it except bitch, which I'm pretty good at. As Cuba opens it will be a whole new look around here. Expect to see more bigger ferries, yachts capable of making the 90 mile crossing of the Florida Straits, and all the support those vessels will need. Those with the small vessels will be relegated to the mooring fields, transient slips, or pushed back up the island chain to Marathon and beyond. It's a way of life which is quickly disappearing.
Capt. Fritter
One Response to "Changes On Stock Island…"
let's go back to "passed out whores and drunken landlords."
we like cheap entertainment here on the fritter.
you COULD throw in a view of the sea and a sunset or two on occasion. or more.
that wouldn't go amiss for this land locked sea loving wench.


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The Board of Directors of the World Bank has approved a $15 million grant to help fight the cholera outbreak in Haiti, boosting the country's medical response and enhancing its ability to prevent future outbreaks. Read More »
A new tuberculosis vaccine developed by a team of scientists at the Statens Serum Institute in Copenhagen may be able to offer protection both before and after exposure to the tuberculosis causing Mycobacterium tuberculosis bacteria. Read More »
To reverse an alarming surge of polio cases, Asif Ali Zardari, the president of Pakistan, is launching an emergency drive to immunize 32 million children. Read More »
The $21.7 billion Global Fund to Fight AIDS, Tuberculosis and Malaria, backed by major celebrities and meant to serve as an alternative to the United Nations, has seen as much as two-thirds of its grants disappear through corruption. Read More »
Malaria resistant to almost every anti-malarial drug has taken hold in the border region between Cambodia and Thailand. Read More »
The cholera epidemic that has gripped Haiti over the last few months appears to be waning, with the number of cases dropping sharply across the country. Read More »
Michigan state health officials have reported that whooping cough cases have risen sharply over the past few years and that more adults, especially those who have contact with babies should be vaccinated to prevent the spread. Read More »
A study published in the Pediatric Infectious Disease Journal has found a significant decline in children hospitalized for rotavirus in countries that have included rotavirus vaccines in their routine immunization programs. Read More »
The Rockville, Maryland-based Emergent BioSolutions, Inc., recently announced the commencement of Phase Ib/II studies of TRU-016, its candidate to help in the fight against chronic lymphocytic leukemia. Read More »
Maya Hanoomanjee, the Mauritian Minister of Health, recently set up an emergency committee to prevent the spread of chikungunya disease in the wake of the country Read More »
A recent study published in The Lancet has found that the methods used to protect pregnant women from malaria in sub-Saharan Africa are underutilized and that this coverage needs to be scaled up. Read More »
The Providence, Rhode Island, immunology company EpiVax Inc. has received a two year, $458,000 grant from the National Institutes of Health's National Institute of Allergy and Infectious Diseases division to create a universal influenza vaccine. Read More »
Nurses in Dallas County, Texas, will be offering tuberculosis testing for the second time this month to students and teachers that were exposed to a student who tested positive for the disease. Read More »
Malaysian scientists recently released 6,000 genetically altered mosquitoes into a forest in an experiment to fight dengue fever in Asia. Read More »
A system developed and patented by Edinburgh, Scotland-based scientist and entrepreneur Spyridon "Ross" Tsakas may prolong the lifespan of vaccines so that they may be stored without refrigeration for up to four years. Read More »
Alexandre Manguele, Mozambique's Health Minister, has inaugurated Mozambique's largest tuberculosis laboratory, which has been rehabilitated and equipped in the country's largest hospital - the Maputo Central Hospital - to diagnose even the most resistant Read More »
Two studies released this week have shown that launching cholera vaccination campaigns in response to cholera outbreaks may be an effective method of reducing the number of cases and deaths. Read More »
The U.S. government and the Russian Federation Government have signed a Protocol of Intent on Cooperation for the Global Eradication of Polio to counteract the recent polio outbreaks in Central Asia and Russia. Read More »
Germany will halt all of its scheduled payments to a global health fund worth $21.7 billion until it gets answers about allegations of corruption. Read More »
The cholera bacterium is more deadly today than previous types have been, scientists recently reported, and they have urged that vaccinations be given immediately in the case of an outbreak. Read More »


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Wiki Wags ™ – Disposable Male Dog Wraps
Adjustable tabs in four sizes, superior leakage control & comfort wear made with the male dog in mind. Actually wicks urine away from the body. Great wherever male marking is an issue – at home, office, on visits, or incontinence. No other wrap is needed, however can be worn under any cloth wrap or designer clothing suitable in size. Packages contain 12 disposable male wraps or purchase by the case for greater discounts. See our website for further details
E-mail: email@example.com
Website: http://wikiwags.com/
[Deluxe Listing Started 12/21/2010]
Snooty Pooch Boutique
The very best bling dog collars, Rhinestone dog collars, Small dog collars, Large dog collars, Leather dog collars, Luxury dog collars, Christmas dog collars, Small dog clothes, Large dog clothing, Pink dog collars, Designer Dog harness, Small Dog Harness, Collars with Swarovski Crystal rhinestone bling, Dog Dresses, Dog sweaters, Dog Coats, Dog Jackets, Dog Halloween Costumes, Puppy Collars, Western Leather Dog Collars, Dog Clothes, Designer Dog Collars, Martingale / Greyhound Collars, Custom Dog Collars, Spiked and Studded Dog Collars, Party Collars, Dog supplies, Collars with Gemstones, Pink dog collars, Dog costumes, Dog Collar ID tags, Dog purses, fancy dog collars
E-mail: firstname.lastname@example.com
Website: http://www.snootypoochboutique.com
[Deluxe Listing Started 3/31/2016]
Get A Deluxe Listing!
Upgrade your free listing for only $30/year.
For more information or to sign up, visit our Get Listed page.
*To get a box around your free listing, become a Link Partner!


text:
Looking for the right tool to stretch a fence. The Maasdam 8060 is the right tool for your job. Works quickly to help complete your job in short time. Light weight and easy to use.
- Tightens tension bar toward end of post for easy tie-off
- Self locking action allows easier two handed tie-off
- Universal adjustment for posts from 1-3/8 in. to 4 in.
- Non-slip plastic grip


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22 Sunshine Rise Sandy Point
House, Sandy Point
Rated 5 out of 5 stars 2 reviews
From $209 per night {{quote.pricing.message}} Total {{quote.pricing.price | format:'currency':'short'}} for
Min 2 - 7 nights stay
With a great open plan living, kitchen and dining area at the front, opening to a sunny deck and privately treed garden, the holiday starts as soon as you step in the door.
The kitchen is well equipped with an electric cooktop and oven, large fridge and microwave. There's plenty of comfy furniture in the lounge, plus a large screen TV with DVD player and a combustion wood heater for cool nights.
The family bathroom and combined laundry has a vanity, laundry basin and a flat bottom shower. The toilet is separate and accessible from either the bathroom or hallway on the other side. There's also a front loading washing machine.
There are three generous sized bedrooms, each with plenty of storage space in the built in robes and each with portable fans. Two rooms have a queen sized bed and the third room has a double bed and a set of single bunk beds. Bedding including quilts and pillows for all beds is provided but guests must supply their own linen sheets, doona covers and towels.
Outside, there's an outdoor dining setting for six on the front deck, with another picnic table and chairs on the lawn under the trees. There's a BBQ for cooking outdoors as well.The garden is fully fenced and outdoors-only pets are welcome. There's plenty of parking on the flat driveway for a few cars or a boat.
3 Car Spaces
Rating snapshot
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Have a question?
Feel free to send a message to the owner/manager if you have any specific needs, or if you require additional information before you can commit to a booking request.
Select request booking to access the quote calculator and to check availability.
Enter your check in and check out dates to see availability and a total price.
- Available
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The first glimpse at Nicolas Winding Refn's newest film Only God Forgives has been leaked on the internet this week.
The film sees award-winning director Winding Refn team up with Hollywood poster boy Ryan Gosling after the success of their most recent collaboration Drive.
The teaser-trailer gives a thrillingly moody overview of the film, in which Gosling plays a man living in exile in Thailand after murdering a police officer. When his brother is killed, his mafia boss mother (Kristin Scott Thomas) arrives to collect the body and instructs him to get revenge.
Only God Forgives looks set to be grittier and more violent than their first film together. The Pusher movies are one of our favourite trilogies here at World Movies, and we can't wait for the latest from Denmark's Winding Refn later this year.
Nicolas Winding Refn also takes you behind the scenes of filming in Thailand with this short video:


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Sherry T.
Long Beach, NY, 11561
Joined on June, 2013
Gender: Female
Average Rating:
Weekdays after 9AM
Lives Near:
Can Meet:
Up to 45 minutes away at my regular hourly rate
EducationHuman Services, BS degree at New York City College of Technology.
ExperienceI will like to become a tutor because the Human Services field has given me the tools that I need to work with people and to identify their strengths and weaknesses. I will describe myself as productive, successful, patient, reliable, hardworking and motivated to help others. I feel a great sense of accomplishment when I can help someone to face their challenges and become successful.
I took classes such as Psychology, Counseling, American Government, Sociology.
Work Experience:
Case Manager (2008-2012) ResCare
Assisted participants in the development, implementation, and completion of wellness plans, used appropriate level of case management needed by participants.
Reviewed and analyzed all medical and psychosocial documentation received from participants.
Meet with the individual participants at least bi-weekly at least monthly, as demanded by length of wellness plan to determine status of treatment with PCP and/or specialist: or more frequently for those participants not following through with obtaining medical documentation for wellness.
Developed and updated RESCARE comprehensive service plans for each participant as dictated by contract.
Maintained communication and contact with participant supports such as HRA out-stationed case workers, substance abuse case managers, psychiatrist/therapist, and other community supports.
Write and updated objective case notes and documentation on participants.
Managed caseload to prevent expiration of future action dates.
Attended meetings on weekly basis, or as required discussing participant's progress.
Documented and evaluated client participation activity and progress.
Entered case notes in HRA database system and Case Manager System for all contracts with participants.
Maintained individual caseloads as determined by Arbor We care.
Mental Health Specialist (2004-2007) Services for the Underserved, Brooklyn, NY
Provided supervision, guidance and training to case managers.
Provided counseling to MICA consumers on substance abuse issues.
Implemented service plans & provided Utilization Review Reports.
Incorporated wellness management in service plan.
Assisted consumers with HRA Applications & housing referrals.
Attended case conferences with psychiatrist & social workers.
Conducted Intake of new consumers/Screening of consumers.
Generated Incident Report/Preliminary Investigation.
Completed skill assessment.
Facilitated community meeting.
Ensure that client charts are in compliance with OMH guidelines.
Case Manager (2003-2004) Services for the Underserved, Brooklyn, NY
Provided one on one counseling to consumers.
Updated progress notes, collateral notes.
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Office Assistant (2001-2002) New York City College of Technology, Brooklyn, NY
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EZ Reusable Objects (EZRO) is a Web application that can be used by non-technical staff to manage content as "objects." Content objects containing text, video, and audio can be shared, modified, and re-styled to appear via a traditional Web site, an on-line course, an innovative "Coach," or as a community of interest site. It is highly scalable and can be used for public Web sites, secure environments, and private intra/extranets.
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A polyhedral extraction tool (PET).


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Luxury Train in India not just gets you to places but they get you there in style. Presenting seamless fusion of romance of a bygone era with contemporary finesse, luxury rail journeys in India offer unparalleled ways to explore the true essence of Indian culture. Indian Luxury Trains (ILT) is India's first luxury train travel portal brings together all luxury trains operating across India on a single platform.
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Indian Luxury Trains (ILT) holds the distinction of being India's first luxury train travel portal which brings together all luxury trains operating across India on a single platform. The luxury trains of India, namely Maharajas' Express, Palace on Wheels, Deccan Odyssey, The Golden Chariot, The Fairy Queen, Maha Parinirvan Express and Palace on Wheels let you embark on a fascinating journey to discover the heritage of India. When it comes to experiencing luxury train travels in India, you can be rest assured that we deliver outstanding service and travel expertise to our customers. Besides, this is the one-stop window for getting access to information like latest news, reviews, details of train facilities, schedules, tariff, journeys, photos and videos. Moreover, we also assist you with your bookings and other formalities through our authorized agents and affiliates. Our expertly crafted tour packages take you to the most enchanting destinations, while being surrounded by the choicest of comforts.
When we first started our journey we were a little disappointed in the train. It is dated and we had some hot water issues. The first night I was unable to sleep. By day 2, we were enthralled with everything, especially our porter, Prem, who was just amazing. I slept so well I decided I needed to buy a train!! The food was excellent. The sight seeing was wonderful. The biggest complaint I have is that there was way too much forced shopping. The actual train was wonderful!...Find out more
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I've searched this board already and found a lot of good information about restaurants near our hotel. My husband and I (late 20s-early 30s) are staying at the Westin for two nights in April. We like to walk around and find cute places to have lunch and drinks and we prefer to have reservations for dinner both nights.
I've made a reservation at Devon Seafood Grill for Friday night and Branzino for Saturday night. I don't eat meat, but I will eat seafood and my husband eats both. This is kind of like a mini-vacation so we don't mind splurging, but don't really want to pay Vetri prices. I was pretty happy with both of the choices until I started reading lots of reviews about bad service at Branzino on other sites. Is this still a good choice? We really look forward to wonderful meals out when we travel, and like to focus on the kinds of experiences we don't have in DC, but bad service kind of ruins the experience.
We would definitely like one night to be Italian, but would be flexible as to the other night. Is there anything that I'm overlooking? Also, are there any not-to-be-missed breakfast/lunch/drinks places near our hotel?
Thanks for any suggestions you can give!


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136 March 26, 1981 DWW EGISTRA~W: CWGRESS WE SUPREM COURT AND WE SEPMATIW OF POWERS INTRODUCTION On March 24, the Supreme Court heard oral arguments on the constitutionality of the exclusion of women from draft registra tion. The case, Rostker v. Goldberq (orginally Rowland v. Tarr was filed nearly ten years ago as a challenge to the consti tutionality of the draft itself, not simply to the constitutional ity of excluding women. The plaintiffs argued that the draft violated the First, Fifth, and Thirteenth Amendments to the Constitution. The U.S. District Court for the Eastern District of Pennsylvania dismissed the suit in 1972 (341 F. Supp. 339 but, on appeal, the U.S. Circuit C o urt for the Third District ordered the case revived in order to decide the sole question of whether the exclusion of women was impermissible discrimination under the equal protection tlcomponentll of the Fifth Amendment (480 F. 2nd 545, 1973 A special thr e e-judge district court was convened in 1974, but decided only preliminary matters of juris diction and justiciability (378 F. Supp. 766 No further action was taken on the case until 1979 when congressional proposals to reinstitute draft registration (Pres i dent Carter adding his own proposal in 1980) prompted the district court to re-open the case eventually deciding that the recently-enacted law requir ing the registration of men only was unconstitutional (No. 71-1480 July 18, 1980 The government immediate l y appealed the decision to the Supreme Court where Justice Brennan, in a decision in camera because the full Court was out of session, stayed the injunction until the full Court could decide the- issue (49 LW 3013, July 19 I I 1980 This paper examines the intent, meaning, and history of the war powers of Congress, especially the power "to raise and support armies I as provided by Article I of the Constitution; and includes an analysis of the decision of the district court and of certain 1egal.briefs submit ted to the Supreme Court on appeal. 2 THE CONSTITUTION, TEE COMMON DEFENSE, AND THE SEPARATION OF POWERS One of the major deficiencies of the Articles of Confedera tion was its provisions concerning war and military matters.
Thus, in Federalist 23 Hamilton , in urging the adoption of the proposed Constitution, explained that the three principal pur poses" of the proposed Constitutioq were the regulation of com merce, the conduct of foreign affairs, and "the common defence of the members.ll In Federalist 22, Hamilton called the Articles of Confederation a dangerous Ilsystem of imbecilityll with regard to its provisions concerning the army, stating that !!The power of raising armies, by the most obvious construction of the Articles of Confederation, is merely a power of making requisitions upon the states for quotas of men. This practice, in the course of the late war, was found replete with obstruction to a vigorous and to an economical system of defence."
Providing for the common defense, then, was to be a po wer of the national government under the new Constitution. Experience in the War of Independence and subsequent experience under the Articles of Confederation had demonstrated that the authority must be centralized instead of being divided among the state s.
What was necessary for this power to be effective The authori ties essential to the common defence are these: to raise armies to build and equip fleets; to prescribe rules for the government of both; to direct their operations; to provide for their supp ortll Federalist 23 Where should these authorities be located in the national government? The history of monarchies, where the whole authority over war and military matters was lodged in the king, was much in the minds of the Framers of the Constitution.
They decided to avoid the dangers of autocratic authority over the common defense by dividing control between the President and the Congress In England, for a long time after the Norman Conquest the aithority of the monarch was almost unlimited.
Inroads w ere gradually made upon the prerogative, in favor of liberty, first by the barons, and afterwards by the people, till the greatest part of its most formidable pretensions became extinct. But it was not till the revolution in 1688, which elevated the Princ e of Orange to the throne of Great Britain, that English liberty was completely triumphant. As incident to the undefined power of making war, an acknowledged preroga tive of the crown, Charles I1 had, by his own authority kept on foot in time of peace a bo d y of 5,000 regular troops. And this number James I1 increased to 30,000; who were paid out of his civil list. At the revolution to abolish the exercise of so dangerous an authority it became an article of the Bill of Rights then framed that "the raising o r keeping a standing army within the kingdom in time of peace, unless with the consent of Parliament, was against law Federalist 26 emphasis in original) 3 The President is to be commander-in-chief of the army and navy of the United States. In this respect h-s authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command qnd direction of the military and naval forces as first General and admiral of the Confederacy; while that of the British king extends to the declaring of war and to the ralsinq and regulating of fleets and armies, all which, by the Constitution under consi deration, would appertain to the legislature Federal ist 69 emphasis in orig i nal So, the necessary authorities over the common defense were to be national authorities deliberately divided between two of the three branches of the new constitutional government. The safeguard against the dangers of standing armies and the execu tive' s king-like use of them was to lodge the authority to raise and support armies and navies, and prescribe rules for their governance, in the Congress. The Framers made this congressional authority summary and comprehensive. The separation of powers was thor o ugh-going and strict, as can be seen from the Appendix As if the words of the Constitution were not clear enough, the Federalists explained the intentions of the Framers even more clearly These powers ought to exist without limitation no constitutional sh a ckles can wisely be imposed on the power which the care of it is committed. This power ought to be co-extensive with all the possible combina tions of such circumstances; and ought to be under the direction'of the same councils which are appointed over th e common defence there can be no limitation of that authority which is to provide for the defence and protection of the community Congress has an unlimited discretion to make requisitions of men and money; to govern the army and navy; to direct their opera t ions Who so likely to make suitable provisions for the public defence, as that body to-which the guardianship of the public safety is confided Federalist 23 The whole power of raising armies was lodged in the Legislature not in the Executive From a close e xami nation it will appear that restraints upon the discre tion of the legislature in respect to military establish ments in time of peace would be improper to be imposed Federalist 24) (emphasis in original I cases are likely to occur under our governmen t , as well as under those of other nations, which will some times render a military force in time of peace essential to the security of the society, and it is therefore improper in this respect to control the legislative discretion Federalist 25 4 The idea of restraining the legislative authority, in the means of providing for the national defense, is one of those refinements which owe their origin to a zeal for liberty more ardent than enlightened The patriots who effected that memorable revolution, were t o o temper ate, too well-intentioned, to think of any restraint on the legislative discretion when they referred the exercise of that power to the judgment of the legisla ture, they had arrived at the ultimate point of precau tion which was reconcilable wit h the safety of the community Federalist 26 The Congress was to provide for war, while the executive, as commander-in-chief, was to conduct the course of war. Neither the Framers nor the Federalists nor the plain words of the Consti tution itself contempla t ed a role for the judiciary in the exercise of this power. In Federalist 78, Hamilton stated that The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever.
It may truly be said to have neither force nor will, but merely judgment emphasis in orginal Nevertheless, Hamilton went on to say that "the interpreta tion of the laws is the proper and peculiar province of the cou rts,11 and that the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative en- of the modern notion that the federal judiciary was to have final right of revision over any and all laws, both those of Congress a nd of the states. roacbments These two passages have been often cited in defense But when should the judiciary exercise the Ilbulwark power against Itlegislative encroachments Federalist 78 indicates that it is to be an extraordinary power used in extraor d inary instances. Hamiltonls choice of words is instructive The judiciary must be on guard when the legislature passes laws inspired by Ifdangerous innovations a momentary inclination immediate mischiefs occasional ill humors in the society.I1 Even. in suc h cases the judges will be guided by the Constitution for "They ought .to regulate their decisions by the fundamental laws, rather than by those which are not fundamental It could hardly be maintained that providing for the common defense, being one of the three Ifprincipal purposes1' of the Constitution, and, by the explicit words of the Constitution being one of the fundamentally separated powers assigned to the unlimited discretion1I of Congress, is a matter of "dangerous innovation.i1 If cases or contro v ersies concerning military matters are referred to the Ilfundamental laws,Il the Constitution they will be decided in favor of Congress. As is shown in the Appendix, providing for the common defense is probably the foremost single subject matter of the Co nstitution with substantial provisions in Articles I, 11, 111, IV, and the Fifth and Fourteenth 5 Amendments. Of the eighteen clauses in Article I, no less than eight deal with Congress' power over the military, military affairs, and war.
Joseph Story, Sup reme Court justice and the first great commentator on the Constitution, remarked that And in many cases the decisions of the executive and legislative departments, thus made, become final and conclusive, being from their very nature and character incapabl e of revision Thus, Congress, having the power to declare war, to levy taxes, to appropriate money, to regulate intercourse and commerce with foreign nations, their mode of executing these powers can never become the subject of re-examination in any other tribunal Here (i.e., concerning the military) the power is exclusively confined to the legislative body to the representatives of the states, and of the people of the states.
United States, 1933, Sections 374, 1179 Commentary on the Constitution of the THE WAR POWER The Rostker challenge to the power of Congress Ifto raise and support armiesll Art. I, Sec. 8) necessarily includes a more comprehensive attack on the ability of t h e national government to wage war successfully. For this power, the "war powerll has always been regarded.by the Supreme Court as an aggregate of the specific (particularly Clauses 11-14 of Article I) constitutional grants of power over military affairs. Hamilton's statement in Federalist 23 listing together the various Itauthorities essential to the common defence" has already been quoted. In McCulloch v.
Maryland (1819), Chief Justice John Marshall referred to the power "to wage and conduct war1' as one of the I'enumerated powers 4.Wheat 316, 407 In Hamilton v. Dillin (1861), the Supreme Court upheld a Civil War act of Congress by referring to !'the war powersll without mentioning any specific clause of the-Constitution (21 wall. 73, 96 In Miller v. U.S: (1870), the Court again upheld war-related statutes of Congress and said that !#if, on the contrary, they i.e., the statutes) are an exercise of the war powers of the government, it is clear they are not affected by the restrictions imposed by the Fifth a n d Sixth AmendmentsIf (78 U.S. 268, 304-05 In the Selective Draft Law Cases (1917), the Court upheld conscrip tion by referring to several war provisions of Article I, not only to the power to raise and support armies (245 U.S. 366 In No. Pacific Rlwy. v. N orth Dakota, ex re1 Lanqer (1919), Chief Justice White called the war power Ilcomplete and undivided 250 U.S. 135, 149 In Lichter v. U.S. (1948), the Court collected together the Preamble; the necessary and proper clause: the clause for providing and main t aining navies; and the common defense, declaration of war, and commander-in-chief clauses and called them Ilprovisions implementing the Congress and the President with powers to meet the varied demands of war 334 U.S. 742 755 I In United States v. Curtis- W right Con 1936), the Court stated that this fundamental power is an attribute of the sove reignty of the nation itself It results that the investment of the Federal Government with the powers of external sovereignty did not depend upon the affirmative gra nts of the Constitution.
The power to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereign ties, if they had never been mentioned in the Constitution, would have vested in the Federal Government a s necessary concomitants of nationalityll (299 U.S. 304, 316, 318 In Hirabayashi v. U.S 1943), the Court defined the war power as "the power to wage war successfully 320 U.S. 81, 93 In Korematsu v. U.S 1944 the Court referred to the war power of Congress a nd the executive 323 U.S. 414 RAISING AND SUPPORTING ARMIES, PROVIDING AND MAINTAINING A NAVY Article I, Section Eight of the Constitution gives Congress the authority Itto raise and support armies provide and maintain a navy and to make rules for the gov e rnment and regulation of the land and naval forces.l# The plaintiff's suit in Rostker is of course, a direct challenge to these specific powers. As will be seen below, the Supreme Court, following the explicit words and the much-explained original intent o f the Constitution, has in the past, shown an almost total deference to Congress concern ing these powers In Tarblels Case (1871), the Supreme Court dismissed a state writ of habeas corpus for the discharge of a minor who enlisted in the army without his f ather's consent. The Court cited the supremacy of federal law saying that Now, among the powers assigned to the national govern ment, is the power to "raise and support armies, and the power "to provide for the government and regulation of the land and na v al forces1f It can determine without question from any state authority, how the armies shall be raised, whether by voluntary enlistment or forced draft, the age at which the soldier shall be received, and the period for which he shall be taken the compens a tion he shall be allowed, and the service to which he shall be assigned 80 U.S. 397, 408 In Street v. U.S 1890), the Court upheld an appropriations act of Congress reducing the size of the armed forces, saying that Full power of legislation in the matter o f increase and reduction of the army is with Congress1 133 U.S. 299, 307 In 7 Jacobson v. Massachusetts (1905), the Court, referring to the Privileges and Immunities Clause, dismissed a Fourteenth Amendment challenge to Massachusetts' vaccination law and s aid, inter alia The liberty secured by the Fourteenth Amendment, this Court has said, consists in part, in the right of a person 'to live and work where he will and yet he may be compelled, b'y force 'if need be, to take his place in the ranks of the army of his country I 197 U.S. 11, 29 In the Selective Draft Law Cases 1917), the Court dismissed a challenge to the conscription law based on a claim that state citizenship was primary when Article I was ratified, saying that The possession of authority to en a ct the statute must be found in the clauses of the Constitution giving Congress power to raise and support armies" (245 U.S 366, 377 In U.S. v. MacIntosh (1931), the Court dismissed a challenge to the federal naturalization law by a plaintiff who claimed t hat the law's requirement that a citizen be willing to bear arms violated the free speech clause [sic] of the First Amendment. The Court stated that, Whether any citizen shall be exempt from serving in the armed force of the Nation in time of war is depen d ent upon the will of Congress and not upon the scruples of the individual, except as Congress provides 283 U.S. 605, 623 MacIntosh was later overruled in Girouard v U.S 328 U.S. 61, (1931), but solely on the basis of statutory interpretation the MacIntosh Court's statement of the power of Congress not being in question In Lichter v. U.S. (1948 the Court, in upholding the Renegotiation Act, stated that Congress can affect property rights by way of the war power Both Acts (1.e.; Renegotiation and Selective S e rvice were a. form of mobilization. The language of the Constitution authorizing such measures is broad rather than restrictive. It says "Congress shall have power to raise and support armes This places eFphasis upon the supporting as well as upon the rai sing of armies.
The power of Congress as to both is inescapably express not merely implied The constitutionality of the conscription of manpower for military service is beyond question. The constitutional power of Congress to support the armed forces with equipment and supplies is no less clear and sweeping 334 U.S. 742, 755 In U.S. v. O'Brien (1967), the Court upheld provisions of the selective service law prohibiting the destruction of draft cards and overruled a court of appeals decision that permitted t he burning of a draft card as an exercise of free speech. The Court stated that "The .constitutional power of Congress to raise and support armies and to make all laws necessary and proper to that end is broad and sweeping The power of Congress to classi f y and conscript manpower for military service is beyond question 391 U.S. 367, 377 8 Because.the Supreme Court has always upheld the power of Congress to conscript manpower for the armed services, many challenges to the draft have gotten no farther than t h e federal circuit courts of appeal. Those courts have been just as emphatic as the highest court in their affirmation of Congress' discretion ary power over the raising of armed forces. For instance, in Warren v. U.S. (1949), the Tenth Circuit dismissed t h e First Amendment "free speech" claim of a man who had been convicted of counseling another to refuse to register for the draft, saying The constitutional power of Congress to raise armies necessarily connotes the like power to say who shall serve in them and in what way Who shall be exempt from service in the armed forces is dependent upon the will of Congress Congress has power to raise armies by conscription in time of peace as well as in time of war 177 F. 2nd 596, 599, cert. denied See also Clay v. U. S 397 F.2d 901 (1968); Breneman v. U.S., 138 F.2d 596 (1949 Bertelson v. Cooney 213 F.2d 275 (1954); Turner v. U.S 410 F.2d 275 (1969 E.S. v. Butler, 389 F.2d 172 (1968); U.S. v. Fallon 407 F.2d 621 (1969 TEE WAR POWER AND MILITARY MATTERS; JUDICIAL RECOGN I TION OF THE SEPARATION OF POWERS The Supreme Court has had many occasions to declare its own sense of self-restraint and deference to Congress and the President concerning the war powers. Additionally, the Court has ruled that other clauses of the Constit u tion must give way to these powers at certain times In the Prize Cases (1862), the Court declared that the Commander-in-Chief had broad authority during war to make deci sions about the disposition of enemy property and even to decide who was the enemy an d who was neutral because "this court must be governed by the decisions and acts of the Political Department of the government to which this power was entrusted 2 Black 635 670) 1 land that was done pursuant to Civil War statutes passed by In Miller v. U. S 1876), the Court upheld the seizure of Congress saying that Itif on the contrary, they (i-.e the sta tutes) are an exercise of the war powers of the government, it is clear that they are not affected by the restrictions imposed by the 5th and 6th amendme n ts1 78 U.S. 268, 304-5 In Hirabayashi v. U.S 1943), the World War I1 curfew order on JaDanese livinq in the United States was challenqed as a violahon of the fifth Amendment and as an unconstitutional delegation of legislative authority lenge, stating tha t The Court denied the chal Since the Constitution commits to the Executive and to Congress the exercise of the war power in all the vicissitudes and conditions of warfare Where, as they did here, the conditions call for the exercise of judgment and discre t ion and for the choice of means by 9 those branches of the Government on which the Constitu tion has placed the responsibility of war-making, it is not for any court to sit in review of the wisdom of their action or substitute its judgment for theiEs If i t was an appropriate exercise of the war power, its validity is not impaired because it has restricted the citizen's liberty 320 U.S. 81, 93, 99 In Johnson v. Eisentrager (1950 some non-resident aliens captured in World War I1 claimed that they ought to ha v e the protection of U.S. civil rights laws. The Court disagreed because Certainly, it is not the function of the Judiciary to entertain private litigation even by a citizen which challenges the legality, the wisdom, or the propriety of the Commander-in-Ch i ef in sending our armed forces abroad or to any particular region1 339 U.S.-763, 789). In Harisiades v. Shaugh;lessy (1952),-another case involving the civil rights of aliens, the Court declared that "It is pertinent to observe that any policy toward alie n s is vitally and intricately interwoven with contemporaneous policies in regard to the conduct of foreign relations, the war power, and the maintenance of a republican form of government. Such matters are so exclusively entrusted to the political branches of the government as to be largely immune from judicial inquiry or interference 342 U.S. 580, 588-89 In U.S. ex re1 Toth v. Quarles (1955 the Court disallowed the bringing to military trial of a.discharged man and reprimanded the military for not attendin g to fighting saying that Wnlike courts, it is the primary business of armies and navies to fight or be ready to fight wars should the occasion arise 350 U.S. 11, 17 In Gilligan v. Morgan (1972 the Kent State case, a challenge was made to the authority of t he governor of Ohio over the National Guard. The Court replied at lenq It would be inappropriate for a district judge to undertake this responsibility (i.e., the day-to-day control of the military) in the unlikely event that he possessed requisite technic a l competence to do so It would be difficult to think of a clearer example of the type of governmental action that was intended by the Constitution to be left to the political branches directly responsible as the Judicial Branch is not to the electoral pro c ess. Moreover, it is difficult to conceive of an ar-ea of governmental activi ty in which the courts have less competence. The complex, subtle, and professional decisions as to the composition, training, equipping, and control of the military forces are e s sentially professional military judgments, subject always to civilian control of the Legislative and Executive Branches emphasis in original) (413 U.S. 1, 8, 10) 10 In Parker v. Levy (1974), the Court dismissed a challenge to the special statuL of the Uni f orm Code of Military Justice saying thatirFor the reasons which differentiate military society from civilian society, we think Congress is permitted to legislate both with greater breadth and with greater flexibility when prescribing the rules by which th e former shall be governed than it is when prescribing rules for the latter 417 U.S. 733, 756).
In Schlesinger v. Ballard (1975), the Court upheld a gender-based distinction in the promotion of naval officers saying that "The responsibility for determining how best our Armed Forces shall attend to that business (i.e fighting) rests with Congress.
Article I, Section 8, Clauses 12-14, and with the President. See U.S. Constitution, Article 11, Section 2, Clause 1" (419 U.S 498, 510 And in Green v. Spock (1975 ), the Court did not agree with a First Amendment challenge to the regulation of an army base banning political speeches and demonstrations: "This Court over the years has on countless occasions recognized the special constitutional function of the milita r y in our national life, a function both explicit and indispensiblell (424 U.S. 828, 837 THE DISTRICT COURT'S DECISION IN ROSTKER* AND TIE GOVERNMENT'S APPEAL The special three-judge district court paid scant attention to the Constitution and the separatio n of powers, only once referring to any specific clause of the Constitution and likewise only once, in passing and then by way of refutati.on mention ing that, "Ordinarily, deference is due to congressional and executive decisions in military matters. II I n stead, the court maintained that !'the issue before us is whether exclusion of women is substantially related to an important government function" (p. 20 for "we need only decide if there fs a substantial relationship between the exclusion of women and t& raising of effective armed forcesll (p. 22 In order to resolve these issues, the court pursued two lines of reasoning.
First, the court had to decide what standard it would use in considering the issues. The standard selected by the court was not the sepa ration of powers, the power of Congress to raise and support armies, or even the Fifth Amendment itself. Instead the court sifted through the judicially-invented and now-prevailing standards of deciding constitutional cases, namely, the familiar llreasona b le relationship test suspect classifications, the Ilcompelling government interest test, II and the "important govern ment test finally declaring that the last would be the standard for the case at hand, a case of sex discrimination kU.S. District Court f o r the Eastern District of Pennsylvania; Opinion of the Court Number 71-1480; July 18, 1980; Judges lYax Rosenn, Joseph S. Lord 111, Edward N. Cahn. Judge Cahn wrote the opinion for a unanimous court 11 Apparently, the challenge to the male-only registrati o n was originally based on the allegation that such reg ration violated the Due Process Clause of the Fifth Amendment, that amendment having to be selected because the statute concerned was a federal statute. Nevertheless, the case seems to be and the cour t mentioned it in passing, one of "equal protection But the Equal Protection Clause resides not in the Fifth Amendment, but in the Fourteenth, the amendment to the Constitution that deals with prohibitions on state action, not federal action. Long ago the S upreme Court "incorporatedll the Bill of Rights into the Fourteenth Amendment in order to be able to apply the sanctions of the Bill of Rights against the states. The case at hand is an example of how the Fourteenth Amendment has been re-incorporated into the Fifth Amendment, thereby making the Equal Protection Clause a kind of judicially-imposed addendum to the Fifth Amend mentl's Due Process Clause and allowing courts to impose the sanctions of the Equal Protection Clause against Congress.
That the prese nt case could present a fundamental question of the separation of powers between the Congress and the judiciary concerning the war power was summarily dismissed by the district court when.it said that "the test to apply in determining if gender-based disc r imination is constitutional should not vary from one factual context to another. The standard is a constant If any judicial deference is due the Congress it should be extend ed in the determination of whether the standard is met, not in the definition of w hat the standard is p. 19 In so stating the court rather explicitly repudiated the assertion of the Supreme Court in Hikabayasbi, supra, where the high Court warned that, concerning the exercise of the war power, Itit is not for any court to sit in review of the wisdom of their action (i.e the President's and the Congress I or substitute its judgment for theirs. It In deciding to substitute its judgment for that of Congress the court scrutinized the legislative history of the congressional act requiring th e male registration and came to two conclusions.
First, it refuted the findings of fact that the relevant congres sional committees had published as the justificaton of the congres sional action. Thus, the following statements of Congress were found by the district court to be only llsuperficially appealing p. 29), Ilincongruousll and Ilinconsistentl' when compared to other acts of Congress concerning women in the military (p. 39), and not substantially related to any alleged government interest p. 41 The c ommittee feels strongly that it is not in the best interest of out national defense to register women Senate Report 96-226 There are military reasons that preclude very large numbers of women from serving. Ibid 12 Registering women for assignmen, to comba t or assigning women to combat positions in peacetime then would leave the actual performance of sexually mixed units in an experiment to be conducted in war with unknown risk a risk that the committee finds militarily unwarranted and dangerous. Ibid Artic l e I, Section 8 of the Constitution commits exclusive ly to Congress the powers to raise and support armies Report of the Subcommittee on Manpower and Personnel There is no military need to include women in a selective service system. Ibid A registration a n d induction system which excludes women is constitutional. Ibid Instead of these judgments of Congress, the district court decided to affirm the judgments of the President, the Department of Defense, and the Joint Chiefs of Staff, all of whom had testi fi e d for the registration of women but whose arguments had been rejected by Congress. So, it can be seen that the court effected four substitutions of judgment. First, it substituted its own judgment for that of Congress. Secondly, it substituted the judgmen t of the President for that of Congress as if the President in addition to being Commander-in-Chief, had some part of the power to raise and support armies. Third, it substituted the judgment of the Department of Defense for that of Congress as if that dep a rtment, in addition to bearing the responsibility of fighting, had the power to provide for the common defense. And fourth, it substituted the judgment of the Joint Chiefs of Staff for that of Congress as if Clause 14 of Article'I provided that the armed f orces shall make rules Itfor the government and regula tion" of the Congress The government s hef (by Solicitor General Wade H. McCree Jr seeks to refute the decision of the district court in two ways. First, the government argues that Article I, Section 8 is relevant to the case at hand and that the Supreme Court should pay substantial attention to it. Quoting MacIntosh, the govern ment contends that, IIBecause the war powers are textually commit ted to Congress, they necessarily confer plenary authority t o say who shall serve and in what wayf1 p. 10 For that reason lit would be inappropriate for a district court to adopt a standard of review that permitted it to substitute its judgment for that of Congressit (p. 10 Pursuant to its Article I powers, Congre s s made Ita sensitive policy choice whose resolution in a democracy is best left to the legislaturell (p. 10 Secondly, the government argues that the judgment of Congress was indeed "closely and substantially related to an important purpose p. 12), that pu rpose being no less than providing Iffor a military emergency with maximum speed and efficiency p. 12).
Furthermore, the district court erred in considering llregistration 13 in isolation and failed to regard it as the first step in the conscription proces s1 p 13 THE BRIEF OF THE PLAINTIFFS/APPELLEES1 AND THAT OF THE NATIONAL ORGANIZATION OF WOMEN2 The brief for the plaintiffs/appellees argues that since this is a sex-discrimination case" (p. 7 the government has the "burden of demonstrating a close and su b stantial relationship between the gender classification and an important purpose actual ly contemplated by the statute p. 5 Any claims of deference due Congress because of Article I, Section 8, must fall to the claims of what the brief, like the decision o f the district court, vaguely refers to as "Due Process/Equal Protection p 18 At any rate the case is only of "tangential military charac ter" (p. 5 Finally, IIAdoption of Appellant's position would result in a dangerous and open-ended position. If the po w er to raise armies or to wage war justifies a lower standard of review for gender classifications it would justify a lower standard for racial classifications as well. Even a registration law excluding blacks might be permissible on the ground that minori t ies are already over-represented in the armed forces, thus making it unnecessary to draft them and 'rational' not tot1 (p. 17 The brief of the National Organization of Women (NOW amicus curiae on behalf of the plaintiffs, concedes that the case involves t h e constitutionality of the male-only registration and whether such a registration Ilviolates the fifth amendment to the United States Constitution1 p. 2 What clause of the Fifth Amendment is'supposed to have been violated is never mentioned nor is any cla use of Article I ever mentioned, nor is any clause at all of the Constitution ever cited again, except for footnote references to the Fourteenth and Twenty-Sixth Amendments.
Instead, NOW primarily bases its llconstitutionaltl arguments on no less than seve nty-two sociological, psychological, socio psychological, psycho-sociological, economic, historical, and feminist 'treatises, books research papers, studies, and articles including one from Sports Illustrated simplei1 (p. 4 Presumably, this statement is t he justification To NOW, the case is one of Itsex discrimination, pure and Filed arch 2, 19
81. Donald Weinberg, counsel of record, joined by the American Civil Liberties Union, and Lawrence Tribe, professor of constitu tional law at Harvard University. Th e ACLU has long been involved in suits challenging the constitutionality of conscription J. Hart, Phyllis H. Ain, and the NOW Legal Defense and.Education Fund Filed ?larch 2, 19
81. Attorneys Barbara Brown, Solamn G. Lippnian, Thomas 14 for the complete i gnoring of Article I and the war powers of Congress NOW proffers the same argument as the district court: the judgment of Congress was wrong and should be substituted. The exclusion of women 'fdisservesll military readiness for, inter alia Women are bette r students than men, therefore, better I soldiers p. 6 Strength is not a reasonable justification for excluding women because IfA person trained in the martial arts can defeat a larger opponent.Il (p. 7 reason for excluding women because some women are ste r ile others do not want children, and others can defer children Po 9 The "child-bearing poterltial'f of women is not a good The alleged "sensitive nature" of women is a canard pp. 9-10 Other fears expressed by opponents of registering wornen bear a strikin g resemblance to the apprehensions that preceded racial integration in the military.It (p. 10 usually unofficially or disguised as men p. 15 I Women have, in the past served in combat roles Ifbut The exclusion of women If reinforces deeply-held stereotypes t f and consigns them to Ilsecond-class citizenship.It The effects of excluding women are Women are disrespected for their Inon-male' characteris tics and resented for what is perceived as their 'easy time. If (P* 20 It increases the liklihood that women wi l l be raped p 20 1 It decreases the liklihood that women will be elected to public office p. 24 It prevents women jobs in civilian 1 vocational and pro 27 1 from getting highly-paid, highly ife because Ifthe military is our fessional training institution S 1 killed argest P Overall, the judgment of Congress was made from a perspective of "never-never land p. 17 The Supreme Court should "see people as individualsll (p. 28) in order to prevent stereotyping because "Stereotypes are reinforced by psychological processes that distort reality and then create expectations that influence behavior to fit the distortionit (p. 18).
CONCLUSION 15 The several cases cited above have demonstrated that the Supreme Court has often agreed with the Federalists about the constitutional existence of an aggregate war power The problems in distinguishing between individual grants of power concerning war t hat most extraordinary and important governmental act seem obvious: Is it not true that the power to I1declarei1 war implies the power to IIwageII war? When do IIraisingIl and IIprovidingII end and 'IsupportingII and llmaintaininglt begin? When do I'suppo r tingll and IImaintainingII end, and when does government and regulation of the land and naval forcesII begin? Is it not true that Ilprovid ing for the common defense" necessarily means the power to prepare for war? Should not the war power be, as Federali st 23 argues co-extensive with all the possible combinations-of such circum stances Is not a military force in time of peace IIessentia1,lI as Federalist 25 maintains, Itto the security of the society1!?
Hamilton maintained that the preparation for and conduct of war was one of the three llprincipalll purposes of the Constitution.
Just as important was the constitutional decision to lodge this power in 'the Congress, for the legislative branch was -the proper I'ultimate point of precaution1# both of the re sponsibility for and the dangers of military force. In the past, the Supreme Court has acknowledged that this fundamental separation of powers is inescapably express1# and has upheld this authority of Congress against challenges based on Article I; the Fi rst, Fifth, Sixth,.
Thirteenth and Fourteenth Amendments; and on such bedrock princi ples of law as habeas corpus, civil rights, and property rights Since there is no war at present, Rostker is a direct chal lenge to 'the ability of Congress to prepare for war and, therefore is attack on the-specific congressional powers "to raise II to provide I' and "to make rules Solicitor General Wade McCree argues that registration must be considered the first step in the process of conscription. The Supreme Court has always upheld the power of Congress to conscript troops, but the Court has never had the occasion to consider the constitutionality of conscription in peacetime It would seem that if, according to Jacobsen, supra, Congress has the poGer to llcompelll a ma n "to take his place in the ranks of: the army of his country,I# Congress has the equal power to compel him (or her not to take his (or her) place in the ranks of the army The decision of the district court and the briefs of the plantiffs/appellees and of N OW are instructive examples of the current state of constitutional law. Today, the clauses of the Constitution providing for "rights, especially the rights in the First, Fifth, and Fourteenth Amendments, reign supreme; while the clauses of the Constitutio n providing for the llpowersI1 of govern ment, the first six Articles, are relegated to inferior status or, as the district court's decision and the two briefs evidence are almost ignored 16 Additionally, the Supreme Court has transmogrified the constituti o nal rights themselves into generalities. Originally the rights were closely associated with governmental powers and with federalism, the Bill of Rights being a collection of restric tions against the powers of the national government and the Fourteenth Am e ndment being a restriction against the powers of the state governments. But, today, according to numerous decisions of the Court, the Fourteenth Amendment has swallowed up the Bill of Rights with the result that the Bill of Rights is now applic able to ac t s of the states. In the present case, the plantiffs appellees and amici, basing their claims on other decisions of the Court, maintain that the Due Process Clause of the Fifth Amendment has turned on the Fourteenth Amendment and swallowed the Equal Protec t ion Clause. The inevitable effect of this kind of logic has been the severing of even the rights themselves from the Constitution In Rostker, the appellees and amici ask the Court to make a decision based on some kind of vague, general standard of Ifconst i tutionality. If tutionalityll of governmental acts relating to civil rights, the Supreme Court has invented its own specific standards, e.g strict scrutiny of such acts. But the arguments presented in the case at hand seem to indicate that the boundaries o f even those standards are beginning to dissolve. Thus, the briefs of the Dlaintiffs/aDDellees NOW, and the decision of the district Nevertheless, in order to decide cases regarding the 'Iconsti court, while payiig almost no- attention to Article I Sectio n 8 and scant attention to either the Due Process Clause .of the Fifth Amendment or the Equal Protection Clause of the Fourteenth Amend ment, discuss at great length, inter alia, the distinctions among If strict scrutiny Ilpermis s ible government purpose heightened scrutinyIf important government interest If intermediate scrutinyll "important. government ob] ectives"
Ifminimal scrutinyIf If proper government purpose suspect classifications If "proper government function"
Ilrational basis" Ilcompelling state interest"
Ifminimally rational basis" substantial relationshipif Ifreasonable relationship test If close and substantial relationship Even these standards play a minor role in the brief of the National Organization of Women. In basing most of its argum ents on the social sciences, NOW presents a prime example of the behaviorist view of constituti.ona1 law. The Court has often, in the modern era, accepted the testimony of the social sciences 17 when dealing with various issues of social policy. The most f amous examples of this are the school busing cases of the late 1960s and'early 1970s in which the 1968 Coleman report on school segregation was cited with approval again and again by the courts as justification for the imposition of the "remedy" of school busing. Equally famous has been'ColemanIs repudiation in 1978 of his own 1968 study. But the damage has been done, and busing is a fact of life for school districts across the,country.
As has been mentioned, both the plaintiffs/appellees and NOW offer the accusation that the rationale for excluding women from registration must, perforce, be the same as the rationale for excluding blacks In using that argument, the briefs ask the Supreme Court to regard sex discrimination as a "suspect classifi cation" (i. e ., invalid by presumption while the Court has clearly ruled that almost all racial classifications are Itsuspect It it so far has deliberately refused to apply the same standard to all sex classifications. If the Court elevates sex discrimination to that level, especially in a case repudiating such a Itprincipallt constitutional doctrine as Congress' separated power over the military, then it will have ruled that no constitutional standard is more important.
Thomas R. Ascik Policy Analyst APPENDIX CONSTITU TIONAL CLAUSES CONCERNING WAR, THE MILITARY AND MILITARY XFFAIRS Article I, Section 8 The Congress shall have power to p rovide for common defense To declare war, grant letters of marque and reprisal, and make rules To raise and support armies To provide a nd maintain a navy To make rules for the government and regulation of the land and naval forces To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions To provide for organizing, arming, and di s ciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the apppointment of the officers, and the authority of training the militia according to the discipli n e prescribed by Congress To exercise exclusive legislation in all cases whatsoever and to exer cise like authority over all places purchased by the consent.of the legislature of the state in which the same shall be, for the erection of forts, magazines, a r senals, dockyards, and other needful buildings concerning captures of land and water Article I, Section 9 The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it Art i cle I, Section 10 No state shall grant letters of marque and reprisal No state shall, without the consent of Congress keep troops, or ships of war in time of peace or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Article 11, Section 2 The president shall be commander in chief of the army and navy of the United States, and of the militia of the several States, when called into actual service of' the United States.
Article 11, Section 3 He shall commission al l the officers of the United States Article 111, Section 3 I i Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. The Congress shall have power to declare the pu n ishment for treason A- 2 Article IV, Section 4 The United States shall protect each (i.e the states) against invasion 5th Amendment No person shall be held to answer for a capital or other infamous crime unless on a presentment or indictment of a Grand Ju r y, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger 14th Amendment, Section 3 No person shall be a Senator or Representative of Congress, or elector of President or Vice Preside n t, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or jud icial officer of any State, to support the Constitution of the United States, shall have engaged in insurrec tion or rebellion against the same, or given aid or comfort to the enemies thereof disability.
But Congress may by two-thirds vote of each House, r emove such 14th Amendment, Section 4 The validity of the public debt of the United States, authorized by law including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But n either the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims sh all be held illegal and void.


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Fletcher averaged 23.5 points and 9.0 rebounds in two games last week.
Swanson rushed for 192 yards against rival Bowling Green.
Woodside, Thompson, and Swanson left their mark in UT record books.
Rockets have four games of 600-plus total yards.
To win first conference title since 2004, UT must first beat Western Michigan Friday.
Rockets need to beat Western Michigan to reach first conference title game since 2004.
Buckeyes batter Illini to take Big Ten East; Michigan falls to Wisconsin; Wins for Toledo, BGSU basketball teams, BGSU hockey.
Junior Jaelan Sanford leads Rockets with 26 points.
Olivia Cunningham scores 27 points off the bench for Rockets.
Toledo men and women, Bowling Green men play at home.


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About: Wythenshawe Hospital Wythenshawe Hospital Manchester M23 9LT
Posted via NHS Choices
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Recent visit to have a scan.wanted to know what they were scanning they were reluctant tosay what they were scanning.eventually they disclosed the scan area.this area was not what I was expecting to be scaned for.following consultant dicussions.staff were sharp when questioned.would not check to see if consultant request was correct.dont understand why staff are so ofhand with patients.perhaps we are a nuecence.whilst I am commenting parking fotr disabled nonexistant due to lack of organised space.
Response from Wythenshawe Hospital 4 years ago
Thank you for taking the time to post your comments on the NHS Choices Website. Please accept our apologies for the delay which has occurred in responding to your comments and for your experience when attending the Radiology Department . We understand that disabled parking permit holders are presently able to park, free of charge in any of the parking spaces and that UHSM do have over the nationally recommended number of disabled parking spaces. If order to investigate your concerns fully, we would encourage you to contact the Patient Experience Team on 0161 291 5600 or via email at email@example.com
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Illegal Immigration News ROUND-UP 1-21-11Posted by Al @ 8:51 am
Jan 21
Illegal Immigration News Round-up
Maryland Sanctuary County Sued Over In-state College Tuition for Illegals
Mississippi Introduces Arizona-Style Immigration Bill
Oklahoma Forms Panels To Find Ways To Keep Taxpayers From Funding Illegal Immigrants
Montana Moves To Stop Illegals from Receiving Workman's Comp Benefits
Nebraska Introduces Arizona-Style Immigration Legislation and Bill To Repeal In-State Tuition for Illegals
Arizona Seize 5,000 lbs. of Pot From Illegal Aliens
Anchor Babies Cost Los Angeles Welfare $600 Million Last Year
Colorado Seeks to Ban In-State Tuition for Illegal Aliens
Arizona Human Rights Extremist Call for Moratorium on Illegal Immigration Efforts
Illegal immigrants a scourge on nation
Virginia Introduces 16 Measures To Deal With Illegals
Jeb Bush Want To Play Nice with Illegal Aliens?
Rhode Island Legislators Seek To Re-Instate E-verify Killed By Gov. Lincoln Chafee


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Published: May 9, 2012
Sylvia Takash of Vienna sent in this photo from 1961 of her and her mom, Bertha McAnally of Youngstown. An only child, Sylvia said her mom was her dearest friend whom she misses terribly.
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Thread: New IT Job Search
01-07-09, 10:23 #1Registered User
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New IT Job Search
Hey guys, me and my team at Comrise Technologies (we do IT recruiting) just put up a new Job Search and Featured Jobs search on our site. I hope this doesnt come out like spam, but i figure i would let you all know we have available jobs mostly in the NY/NJ and alot of overseas jobs. Hope everyone had a great holiday season. And i wish everyone luck with jobs. Heres the link just in case anyone is interested Comrise Technology - Global Staffing and Consulting
- Sean


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Ebiten Episode 3 English Subbed
You are watching Ebiten Episode 3 English Subbed from the Ebiten: Kouritsu Ebi Sugawa Koukou Tenmonbu Anime Show. Watch or Download Ebiten Episode 3 MP4 English Sub and other episodes of Ebiten: Kouritsu Ebi Sugawa Koukou Tenmonbu Streamed for Free.
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Episode Summary: A girl from another school becomes interested in the Tenmon club, although Kyoko is oddly hostile towards her. It is soon revealed she is Kyoko's younger sister, Izumiko, who was close with Kyoko before she ended up divulging in her delusions. Kyoko and Izumiko soon engage in a quiz battle, which is interrupted by the student council president, Yuka Iseda, forcing them to settle their score in another fashion.