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Vernon Burns: The Long War: Why did we abandon our Constitution and when?

Vernon Burnes

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That our institution and the concepts of our founders are held in contempt by our ruling elites  is made more obvious every day. In the past weeks a United States Supreme Court Justice, Ruth Bader Ginsburg, speaking to an Egyptian group, advised against using our Constitution  as a guide in forming a new government for Egypt. This from a person sitting on our highest court who has sworn an oath to protect and defend that same Constitution. What goes on here? That Justice Ginsburg, a former attorney with the A.C.L.U. (American Civil Liberties Union) would hold such views, is not a shock to those who study the long decline of our republic. It is simply one more shot in the long war that began over one hundred years ago. Justice Ginsburg is not breaking new ground by trashing the ideals and fundamental blessings in trusted to future generations by our Constitution. 

It is some what shocking that we have not, as yet, heard of any calls for the justice’s impeachment from those constitutionally charges with the responsibility. When the House of Representatives has not stepped forward to defend our Constitution, what are we to assume? What does an oath to protect and defend the Constitution mean? Members of congress take the same oath, do they not? This destructive virus infected our nation in the years after the civil war, and with few reversals, has grown stronger year by year. Ruth Bader Ginsburg, Barack Obama, or any of our modern social darwinists, those who know we have matured beyond our old out dated Constitution, they are not new. 

Take as an example, the revered President Theodore Roosevelt, one of the fathers of the social progressive movement. In 1910 Roosevelt declared that the president must be the “stewart of public welfare” and in a statement even more frightening he expressed his views on private property. He said that “private property was subject to the general right of the community to regulate it’s use to whatever degree the public welfare may require it.” When we think of our private property we generally think of our home, our land, and maybe our car. To the socialist progressive your property is anything you think you may own, from your land, to the money you have in the bank, to the can of beans in your kitchen cabinet. There is no limit. 

Our next great socialist thinking president was Woodrow Wilson. Wilson was a total product of the academic path he chose to a political future in the progressive wing of the democratic party. He promoted and believed in the welfare state as the future utopia we must impose on the uneducated masses. Wilson saw no place for individualism in modern America and worked toward that end. He even described the goal of progressivism being the individual to “marry his interest to the state.” 

Where did these two presidents, a republican and a democrat, get these ideas that are so foreign to our founding principals? Foreign is the word for it, and Europe is the place of birth. German Karl Marx gave the world the Communist Manifesto in 1848 and his major work Das Kapital in 1867. The works of Dr. Marx, yes Karl Marx obtained his PH.D in philosophy in 1841, were too radical for most, but they are the seed modern socialism grew from. 

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The real hero of the socialist progressives was Otto Von Bismarck. Bismarck United Germany in 1871 and worked to institute a cradle to grave program of government provided or government  required employment, health care and support in old age. This top down socialism accomplished two main objectives. First it made the middle class dependent on the state insuring those in power stayed in power.  Second it took away hard line communist reasons for calling for a complete revolution by giving people the sense that an enlightened government was the wise parental guardian and they were children. This child like faith of the German people in the state was the foundation of national socialism, The Nazi Party, and Adolf Hitler. When the state provides for all, the individual is nothing and the state is the master to be severed. 

Socialism has infected our nation for all of our life times and to one degree or another we have all accepted it, until now. But no more. People are waking up, our voices are being heard, and they are saying no to socialism. We realize that we have an elite leadership class that thinks the time has come to close the deal. Barack Obama and his supporters think he is going to fundamentally change America. Obamas greatest accomplishment, so far is to reawaken our love of Freedom. He is the reason our nation is reuniting with the Constitution and its founding principals.

Thank you.

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Opinion | FEMA’s Hurricane Sally response

So, how has FEMA performed in responding to Hurricane Sally? So far, pretty darn well.

Bradley Byrne

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Gov. Kay Ivey took a tour of the damage from Hurricane Sally on the gulf coast Friday September 18, 2020. (Governor's Office/Hal Yeager)

Most people in Alabama have heard of FEMA, the Federal Emergency Management Administration. Its name is a little misleading because emergencies by their nature aren’t so much managed as responded to, often after the fact. You can’t manage a tornado or an earthquake, for example, but you can and should respond to it.

Hurricanes are facts of life down here and nearly every part of our state, not just the coast, have been affected in some way by at least one. We can prepare for hurricanes and guard against the worst consequences and that starts with each of us as individuals, family members and citizens doing our part to be prepared to protect and take care of ourselves, family members and neighbors. Alabamians are actually pretty good at doing that.

But, there is also a role for governments at all levels. Local governments actually play the most important public role because they are closest to the people of their areas and have the first responders already employed and trained to take care of the needs of local residents during the period running up to, during, and in the immediate aftermath of the storm. State governments manage the preparations before the storm and provide the support local governments need afterward to do their jobs. The federal government supports the state and local efforts, which typically means providing the lion’s share of the money needed, anywhere from 75 percent to 90 percent of the costs. So there’s not one emergency management agency involved in responding to hurricanes but three, corresponding to each level of government.

The day before Hurricane Sally hit, I was individually briefed by the Director of the National Hurricane Center Ken Graham, FEMA Administrator Pete Gaynor and Coast Guard officials. That same day I went to the White House and made sure we had a good line of communication in case we needed help, which looked likely at the time. I have to say, the White House was immediately responsive and has continued to be so.

How has FEMA handled the federal response to Hurricane Sally? When the state of Alabama requested a pre-storm disaster declaration, which triggers federal financial support for preparations and response during the storm, FEMA and the White House gave the okay in just a few hours. On that day before when I spoke with the White House, I asked them to send FEMA Administrator Gaynor to my district as soon as possible once the storm cleared to see the damage and meet with local officials. He came three days after the storm and spent several hours touring the damage with me and meeting with local leaders. When the state of Alabama requested a post-storm declaration, triggering federal financial support for public and individual assistance, FEMA and the White House responded affirmatively in less than 48 hours – record time.

Public assistance is federal financial support for the costs to state and local governments as a result of a storm. This includes water bottles and meals ready to eat for locally requested points of distribution, debris removal and cleanup costs (think of the large tandem trucks picking up debris piled up on the right of way), as well as the costs to repair damage to public buildings and infrastructure like roads and bridges, and in the case of Sally damage to the Port of Mobile.

Individual assistance, as the label states, goes to individuals affected by the storm. Private assistance won’t pay something you have insurance for, but it does pay for a variety of losses, particularly having to do with an individual’s home. So far 60,000 Alabamans have applied for individual assistance and already FEMA has approved $42 million. If you haven’t applied for individual assistance there’s still time for you to do so online at DisasterAssistance.gov, or if you need help in applying call FEMA’s Helpline at 1-800-621-3362. If you have applied for individual assistance and have been denied, appeal the decision because frequently the denial is simply because the applicant didn’t include all the needed information.

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Many people were flooded by Sally and over 3,000 of them have made claims to the National Flood Insurance Program. Over $16 million has already been paid out on those claims. The Small Business Administration has approved over a thousand home loans to people with storm losses, totaling over $40 million, and many more loan applications are still pending.

So, how has FEMA performed in responding to Hurricane Sally? So far, pretty darn well. I want to thank FEMA Administrator Gaynor for coming down here so quickly after the storm and for FEMA’s quick and positive responses to all our requests. And I want to thank President Trump for his concern and quick response to Alabama’s requests for disaster declarations. Hurricane Sally was a brutal experience for us in Alabama, but FEMA’s response shows that government can do good things, helping people and communities when they really need it.

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Opinion | An inspirational pick

Many progressives, it seems, claim to believe in the power of women, but only for women who think and talk like they do.

Govs. Kay Ivey, Kristi Noem and Kim Reynolds

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President Donald Trump, left, and his Supreme Court nominee, Judge Amy Coney Barrett. (WHITE HOUSE PHOTO)

A century ago, the Suffragettes finally succeeded in winning the right to vote for women. They would be thrilled to see the nomination of a woman so uniquely qualified to serve on the U.S. Supreme Court as Judge Amy Coney Barrett, were they alive today. It’s easy to imagine them storming the streets of America and urging that Judge Barrett be confirmed, and by a wide margin.

After all, the four female justices nominated before her were confirmed with lopsided votes by the U.S. Senate: 99-0 for Justice Sandra Day O’Connor, 68-31 for Justice Sonia Sotomayor, 63-37 for Justice Elena Kagan and 96-3 for the late Justice Ruth Bader Ginsburg.

Sadly, it speaks to the times in which we are living that Judge Barrett’s vote by the Senate will most likely come down to a tight vote, with nearly every Democrat opposing her nomination.

As governors who are either the first or second females to be elected in our respective states, we are rightfully proud to see diversity expand among the highest levels of government. Notably, however, our support for Judge Barrett hinges not on her being a female, but rather her superior intellect, unflappable composure and impeccable integrity, all which combine to make her eminently qualified in every way. 

Regretfully, we know – as do many others – that the climb for women into the upper echelon of American leadership has always been a bit steeper. After all, when was the last time a man’s haircut, the color of his tie or suit or the number of children in his family were scrutinized as part of the public discourse?

It is bittersweet that Judge Barrett followed her father’s advice that she could do anything her male counterparts could do, only better, and yet, sadly, millions of women appear to oppose her nomination simply because she interprets the law as-written, rather than siding with them on every issue. Is this the new standard for qualification?  

Many progressives, it seems, claim to believe in the power of women, but only for women who think and talk like they do.

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We applaud President Trump for choosing Judge Amy Coney Barrett for service on our nation’s highest court; she may well be one of the most qualified, extraordinary picks during the past century, and we urge the United States Senate to confirm her nomination in short order.

We especially like the direct answers Judge Barrett provided to two of the Senate Judiciary Committee members who questioned her last week. 

When Sen. Chris Coons, D-Delaware, suggested that Judge Barrett would vote in the same manner as the late Justice Antonin Scalia, a conservative for whom she had clerked earlier in her career, she calmly responded, “I assure you I have my own mind.” 

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And when the Committee’s ranking Democrat, Sen. Dianne Feinstein, D-California, asked her whether she believed that Medicare was unconstitutional, she cited the “Ginsburg Rule,” so named for the late justice she will be following, of providing “no hints, no previews, no forecasts.”

Perhaps one of the most powerful witnesses to speak in support of Judge Barrett was her former law student at Notre Dame, Laura Wolk. 

Ms. Wolk is totally blind, but before pursuing the “impossible dream” of becoming the first blind law clerk at the Supreme Court last year, she was struggling with her classwork as a first-year law student, fearful of failing. 

Laura recalled, “Judge Barrett leaned forward and looked at me intently. ‘Laura,’ she said, with the same measured conviction that we have seen displayed throughout her entire nomination process, ‘this is no longer your problem. It’s my problem.’”

Ms. Wolk went on to say that Judge Barrett helped her see a pathway to success.  She said the Judge will “serve this country with distinction not only because of her intellectual prowess, but also because of her compassionate heart and her years of treating others as equals deserving of complete respect.”

When Judge Barrett raises her right hand to take the oath to “administer justice without respect to persons” and to “support and defend the Constitution of the United States,” it will be a win-win for every female – young and old alike during the past 100 years – who has dreamed of seeing women advance to the top positions of our government. 

Moreover, it will be a signal to every little girl – and boy – that the most qualified individual will get the job.

Governors Kay Ivey of Alabama, Kristi Noem of South Dakota and Kim Reynolds of Iowa authored this column.

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Opinion | Hearings give public opportunity to weigh in on coal ash plans

ADEM will make sure the closure and cleanup of the coal ash sites will be done in a way that will protect the state’s land and water resources now and in the future.

Lance LeFleur

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The mission of the Alabama Department of Environmental Management is to ensure for all Alabamians “a safe, healthful and productive environment.” It’s a mission that ADEM and its nearly 600 employees take very seriously.

Ensuring a safe, healthful and productive environment means more than simply being the environmental cop, though that certainly is part of ADEM’s job. When the Alabama Legislature passed legislation in 1982 that led to the creation of ADEM, lawmakers’ intent was for the agency to promote public health and well-being.

The term “healthful” in ADEM’s mission statement speaks directly to that. ADEM’s work is to contribute to the health of Alabama’s environment and the health of all Alabamians.

An example of that work is managing the process that will determine how coal combustion residuals (CCR) – or coal ash – are dealt with in a safe and effective manner. Managing CCR promotes a healthful environment by protecting our land and water.

On Oct. 20, ADEM will hold the first of a series of public hearings on permits drafted by ADEM to require electric utilities to safely close unlined coal ash ponds at their power plants and remediate any contaminated groundwater. The hearings, and the comment periods leading up to them, give the public the chance to provide ADEM input on the requirements in the draft permits.

To understand how we got to this point today, let’s go back to Dec. 22, 2008, in Kingston, Tenn. On that frigid night, the containment dike surrounding massive ponds holding decades worth of CCR produced by the coal-burning TVA power plant collapsed, spilling more than a billion gallons of coal ash sludge into the Emory River and onto 300 acres of land.

That spill drew the attention of regulators and the nation to the issue of coal ash storage, for which there was little regulation at the time. It also started the U.S. Environmental Protection Agency on the road to adopting a federal CCR rule, which took effect in 2015. The Alabama Environmental Management Commission approved a state CCR rule in 2018, patterned after the EPA rule.

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The rules address two primary issues: closing coal ash ponds to avoid threats of spills into waterways or onto land, and preventing and cleaning up groundwater contamination from arsenic, mercury, lead and other hazardous elements that may leach from the coal ash.

Both the EPA and state rules give the electric utility operators two options in closing the ash ponds. One allowable method is to excavate the millions of tons of coal ash and either move the coal ash to a lined landfill or find an approved beneficial use for the ash. The other is to cap in place, where an impervious cover, or cap, is placed over the ash impoundment. Both methods have been used successfully for decades to close some of the most contaminated sites in the nation.

It must be emphasized that the closure method selection is made by the utilities, as allowed by both federal and state rules. Alabama Power, TVA and PowerSouth all elected to utilize the cap-in-place option.

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The permits will also set out the steps to be taken to clean up contaminated groundwater caused by the coal ash ponds. ADEM’s job, in its environmental oversight role, is to ensure the closure and groundwater remediation plans proposed by the utilities and included in the permits meet federal and state standards and protect both waterways and groundwater. The permits provide for regular monitoring to confirm the closure and cleanup plans are being implemented as required. If necessary, the plans will be adjusted to ensure the intended results are being achieved.

Currently, ADEM has scheduled public hearings on the permits for three Alabama Power plants. The first is Oct. 20 for Plant Miller in Jefferson County, followed by Oct. 22 for Plant Greene County and Oct. 29 for Plant Gadsden in Etowah County. Permits for the other five sites in Alabama are in development, and hearings will be scheduled when they are complete.

The purpose of these hearings is to allow the public, including nearby residents, environmental groups and others, opportunities to weigh in on the proposed permits. This past summer, Alabama Power, TVA and PowerSouth held informational meetings in the communities where their affected plants are located to explain their proposed groundwater cleanup plans(including the CCR unit closure component) and answer residents’ questions.

The draft permits, the hearings’ dates, locations and times and other information are available on ADEM’s website, www.adem.alabama.gov. The public can also mail or email comments related to the permits, including the closure plans and groundwater remediation plans, directly to ADEM during the proposed permits’ 35-day minimum comment periods, which will run one week past the date of the public hearings. Those comments will be considered in the decisions to issue the permits, and ADEM will provide a response to each issue raised.

For maximum protection of the environment, ADEM encouraged the power companies to go beyond the minimum requirements of the state and federal CCR rules. ADEM’s scientists and engineers who analyzed the plans through an exhaustive review and revision process determined the final plans provide the environmental protections Alabamians expect and deserve. But we want to hear from the public.

Certainly, there are pros and cons of each option in closing the coal ash ponds. The daunting task of cleaning up contaminated groundwater will be undertaken regardless of which closure method is utilized. As one opinion writer recently said, there is no easy answer to the coal ash problem. But this is a matter we cannot duck. We must deal with our coal combustion residuals – by EPA requirement and for the sake of our environment.

Here’s what you can count on from your state agency charged with protecting your environment. ADEM will make sure the closure and cleanup of the coal ash sites will be done in a way that will protect the state’s land and water resources now and in the future.

Ensuring that is our mission.

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Opinion | Now is the perfect time for upskilling into a high-demand job

This time of uncertainty for the unemployed and underemployed is a desperate struggle, and our hearts and prayers go out to those affected. It can also be, however, a time of unexpected opportunity.

Tim McCartney

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(STOCK PHOTO)

If you lost your job and are looking for work because of the COVID-19 pandemic, you are certainly not alone. Here in Alabama, while our economy is recovering, nearly 800,000 Alabamians have filed an initial unemployment claim since March. The pandemic hurt the economy across the board, though workers in public-facing industries were hit especially hard.

This time of uncertainty for the unemployed and underemployed is a desperate struggle, and our hearts and prayers go out to those affected. It can also be, however, a time of unexpected opportunity. Those who use this time to enroll in a free training program to learn the new skills needed to “upskill” or retrain for a more resilient position will immediately improve their employment prospects and put themselves on a long-term pathway toward success.

Many Alabamians agree. A recent survey of unemployed and underemployed Alabamians commissioned by the Alabama Workforce Council and the Governor’s Office of Education and Workforce Transformation found that nearly 60 percent are open to working in an industry different than the one that last employed them. The survey also noted that short, and free, education and training programs were preferred to receive a “certificate, certification or license”.  This demonstrates that a vast majority of the unemployed and underemployed in our state recognize the importance of training to work in durable industries that are less susceptible to sudden economic shocks.

Fortunately for them and for all Alabamians, under Governor Kay Ivey’s leadership, Alabama is well positioned to retrain and “upskill” Alabamians who lost their jobs due to the virus outbreak into new positions with more resilient industries through existing programs provided by Alabama’s workforce system, as well as new programs.

As part of this effort, Alabama is one of only eight states to receive a federal Reimagine Workforce Preparation grant to provide opportunities for Alabama workers to develop new skills in high demand industries.

The grant of more than $17.8 million, funded by the CARES Act, will allow our state to launch additional educational and training programs to help Alabamians who were displaced by COVID-19 transition into new fields.

This grant is just one of many ambitious and innovative steps being taken by Alabama to grow our workers’ skills and make sure they have the support they need to find a rewarding and self-sustaining career.

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The Alabama Workforce Council works to bring together business and industry leaders from across the state to help develop strategies that will ensure Alabama workers have the skills they need to thrive — and in industries that can better withstand economic traumas like that brought on by COVID-19.

AlabamaWorks, the official brand of the Alabama Workforce Council, serves as the network of interconnected providers of workforce services, including government agencies, educational institutions and private sector partners that train, prepare and match job seekers with employers.

It is through the AlabamaWorks website, located atwww.alabamaworks.com, that job seekers can find access to the tools they need — free training resources, hiring resources and career planning resources to help find in-demand jobs that are available right now.

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Likewise, employers can also go to www.alabamaworks.com and find free resources to recruit, train, and hire workers.

Connecting Alabama workers to good jobs and employers to a skilled workforce is our most pressing objective and will help us achieve Alabama’s postsecondary attainment goal of adding 500,000 credentialed workers to Alabama’s workforce by 2025. As we plan for the economy we’ll need after the pandemic subsides, it is essential to connect workers to the upskilling pathways that provide them with new opportunities in rebounding fields and careers.

Tim McCartney, formerly of McCartney Construction in Gadsden, is the Chairman of the Alabama Workforce Council.

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