one more hurdle

By a vote of 225 to 192 on Valentine’s Day, while we were all thinking about presidents and porn stars, the House passed a bill making it harder for disabled persons to sue for discrimination.

The justification for this was to prevent opportunistic, “ambulance chasing” attorneys from taking advantage of business owners by filing frivolous lawsuits just to line their pockets.

But it could also weaken incentives for businesses to comply with the Americans with Disabilities Act of 1990 (ADA) mandates for equal access to public accommodations.

The ADA Education and Reform Act would require that those suing businesses for noncompliance in federal court give that business 60 days to devise a plan to fix the problem with another 120 days to implement the changes.

According to Representative Ted Poe of Texas,

“There is now a whole industry made up of people who prey on small business owners and file unnecessary and abusive lawsuits. This bill will change that by requiring that the business owners have time to fix what is allegedly broken.”

But opponents believe that without a fear of being sued, it would be easier for businesses to ignore ADA compliance rules, and that people with disabilities who have already been mistreated will now have the added responsibility of making sure businesses are compliant with the law.

However, if you are too apprehensive to do this, you may do this by using your internet connection and visiting the website. the original source viagra 100mg sildenafil Never increase or decrease the dosage cialis 100mg canada without reporting to the doctor. It is already been approved buy tadalafil india by FDA which means that it will have the exact same therapeutic effect as the brand variant, however is sold under its synthetic or “non specific” name. According to Ayurveda depression is caused when Vata dosha and Pitta dosha in the body is primarily responsible for increasing and decreasing the wholesale generic viagra size of the penis but it implies better urge for sexual drive. In a letter to members of congress the ACLU wrote,

“Instead of expecting businesses to own the responsibility of complying with civil rights laws, it shifts the burden to the individual who is being denied access. This scheme removes the business’s incentive to proactively ensure that it is accessible to people with disabilities. Instead, businesses will simply wait until someone’s right to access is violated and notification is received before making the change they were already obligated to make.”

Why put in that wheel chair ramp until someone sues you?

In the meantime you can avoid the unsightly thing, hoping lack of access will also spare you from having to deal with people who might make you uncomfortable because they might just move on by and go elsewhere, and if someone does file a complaint you have plenty of time.

Sometimes those ramps just ruin the lines of you building.

Besides the ACLU, groups like the National Bar Association, the Paralyzed Veterans of America, and the NAACP have also objected.

The thing is states have laws against frivolous law suits already, and ethics rules bar attorneys from bringing them, so rather than going after the ambulance chasers, congress has decided to put an added burden on those who have disabilities while giving businesses the opportunity to ignore the law betting the lack of access will keep “those” people out of their place of business, while also betting that no one will take the time to complain.

 

Bad idea

Societal problem?

Use teachers to handle it.

Why address the actual problem, its underlying causes, and find ways to reduce it, when you can pass the responsibility on to someone else and then critique if they are doing it right.

Besides teaching, being surrogate parents, counselors, and disciplinarians, now we can have teachers armed and they can take on the job of armed security guards.

Practical considerations, and these were brought up where I once taught, and the responses eventually became silence:

Teachers stand in the hall when classes are changing to make sure movement is orderly and to deal with any altercations that are caused by friction in the building and even conflicts carried into the school from the streets of the neighborhoods.

Teachers can be accidentally or even purposefully jostled as they supervise.

Nothing would stop a student intent on doing so from pretending that a jostle was a harmless accident when it is really a planned move to get the teacher’s gun. There is also no way to avoid any one student or group from overpowering the teacher who is not looking at them, distracted by an activity that is spontaneous or a planned distraction.

The response to that concern was to have the gun locked in a teacher’s desk, which would prolong the response time to get to the gun if the teacher was not near the desk, and the time to unlock the desk drawer to get the gun.

Even with the gun locked in a desk drawer it is not guaranteed safety as any student motivated to do so would find a way to get the drawer opened.

It happens. Teachers have lost purses that way.

As is coming out in the Florida case, and has been seen in earlier ones, a gun attack can be carefully planned as to the most effective way to reek havoc and have an escape. Students would learn very quickly which teachers have the guns, making them the first targets.

Then, of course, the concern would be the liability of a teacher who is armed but not in a position to act, or does act, but in the confusion mistakenly shoots the wrong student.
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They would also be judged how they reacted to seeing another person wielding a gun who may be the shooter or another person on the campus who is armed.

First responders would  encounter an adult in the building wielding a gun most likely not knowing it is a teacher, and if the person does not stop he or she could end up being shot. Even if not, as the responders think they have the shooter, only to find out they don’t,  the time that could have been used apprehending the perpetrator was wasted on the teacher while more students die or the shooter gets out while the responders were busy identifying the teacher.

Meanwhile, as teachers are responsible for bringing the shooter under control, they are still responsible for the students, doing what is proper for their own safety, getting students to a safe location, and assisting in the orderly evacuation. This whole process is orderly in the imagination, but chaos in reality.

Another concern follows the Leave No Child Behind model.

While ignoring the teachers in the classroom who could have told people what the real problems were and what the solutions could be, politicians claimed to know what was wrong with education and proposed solutions based on that so, rather than solve the real problems, they demanded solutions for the fictitious ones and in so doing made the system worse.

School district administrators had no idea what to do, and they turned to the experts who spontaneously sprang up claiming they knew the way.

School districts spent hundreds of thousands dollars each for experts to come in and introduce methods that would make things work, as they ignored teachers in their own districts who were successful and could have shared their methods with others.

I know of one teacher who was chosen the state teacher of the year for her method for teaching math. She spent the year after the award traveling the state teaching her method to other math teachers. The following year her school district hired a consulting firm for a few hundred thousand dollars to teach its self-designed better math methodology, and then rated that teacher as being poor as she did not have the same degree of student achievement with their method as she had had with her own.

But the consulting firms were a straw to grasp at, and school boards found ways to justify the expense.

If the idea to arm all teachers gets heavy promotion it is important to ascertain who is doing the promoting.

The plan will call for training and guns. Certainly teachers will not be required to cover the cost of training and guns, so school districts will need to spend money from their budgets on that. Long range solutions will be put aside for the quick fix, and like the consulting firms used to solve non-existent problems with verifiable failing solutions when it came to instruction, gun manufacturers and gun expert consulting firms will have found a cash cow, and will use the scare tactic of child safety to fleece school districts.

Rather than panic and spend money where it need not be spent, real national solutions need to be instituted, but that calls for work and politicians turning on their big money donors.

Let teachers teach, and have the country’s leadership find ways to solve the gun problem so they can do their job of teaching students.

Compensation

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ANOTHER PRESIDENTIAL WEEKEND

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The president and the transgender kid

This is the pledge made by Trump the day after the shooting at the high school in Parkland, Florida.

“No parent should ever have to fear for their sons and daughters when they kiss them goodbye in the morning…. Each one had dreams to pursue, love to give and talents to share with the world, and each one had a family to whom they meant everything in the world…. I want to speak now directly to America’s children, especially those who feel lost, alone, confused or even scared. I want you to know that you are never alone and you never will be. You have people who care about you, who love you and who will do anything at all to protect you. If you need help, turn to a teacher, a family member, a local police officer or a faith leader.”

This is how selective he has been and may very well show himself to be in the future when it comes to assuring all students that “you are never alone and you never will be. You have people who care about you, who love you and who will do anything at all to protect you. If you need help, turn to a teacher, a family member, a local police officer or a faith leader.”

A month after taking his oath of office President Trump rescinded protections for Transgender students  in schools.

His top civil rights officials from the Justice Department and the Education Department said that the Obama administration’s directive that nondiscrimination laws require schools to allow transgender students to use the bathrooms of their choice was improperly and arbitrarily devised, “without due regard for the primary role of the states and local school districts in establishing educational policy.”

Rather than keep the federal protections in place to keep students safe until local school departments dealt with the topic, they did to them what they did to the DACA kids when they removed protections before a replacement was agreed on.

Although I do not like her or her mindset, Education Secretary DeVos did resist signing off on this at first, telling Trump that she was uncomfortable because of the potential harm that removing the protections could cause transgender students, Jeff Sessions, who opposes Gay, Lesbian, and Transgender rights, went to Trump who convinced her to change her stance.

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Ms. DeVos had released a statement in which she said she considered it a “moral obligation” for every school in America to protect all students from discrimination, bullying and harassment, and even though she claimed the Education Department’s Office for Civil Rights would investigate all claims of such treatment “against those who are most vulnerable in our schools”, she wimped out saying that bathroom access was not a federal matter.

During his campaign, Trump expressed sympathy for transgender rights issues, but now the safety of Transgender students is at the mercy of the states, and their safety and wellbeing in schools that the law says they must attend daily will depend on which state you live in.

So for them, their not being alone and would never be, and those people who care about them, who love them and who will do anything at all to protect them will depend on the state in which they live.

.DeVos wrote a letter saying.

“All schools must ensure that students, including L.G.B.T. students, are able to learn and thrive in a safe environment.”

But like with the influence of the NRA with its generous contributions to his campaign and to the campaigns of congress members and senators which keep him and them from doing anything real about school shootings beyond offering condolences, thought, and prayers, the Trump administration bowed to pressure from the evangelical crowd and abandoned the Transgender students.

So, parent and kids, that promise about your safety in school being important only counts if it does not offend the NRA, and if you are not transgender. Otherwise, you’re on your own.

Yet again

The day before the latest school shooting, Speaker Paul Ryan said that mental health reform is crucial to ensuring that mass shootings are prevented in the future.

“One of the things we’ve learned from these shootings is often underneath this is a diagnosis of mental illness.” 

He also pointed out that Republicans spent years working on mental health reform, passing a bill proposed that was signed into law by President Obama.

“That’s why the House of Representatives passed landmark mental health reform just a year ago. That law is now being implemented. It’s important that as we see the dust settle and we see what was behind some of these tragedies, that mental health reform is a critical ingredient to making sure that we can try and prevent some of these things from happening in the past.”

After this week’s school shooting in Florida Ryan stated,

“This is not the time to jump to some conclusion not knowing the full facts. We’ve got a lot more information we need to know.”

“If there are gaps there, then we need to look at those gaps,”, and then explained that Congress may need to take action to make sure people with mental illnesses don’t “slip through the cracks” and get guns.

 “I don’t think that means you then roll that conversation into taking away citizens’ rights — taking away a law-abiding citizens’ rights. Obviously, this conversation typically goes there. Right now, I think we need to take a breath and collect the facts.”

And he made this point,

“So, if there’s someone who’s not supposed to get a gun who’s getting a gun, then we’ve got to figure out why that’s happening and fix that.”

It’s hard to consider that dealing with possible solutions that could help make the latest school shooting the last one is a knee-jerk reaction, and that we have to wait to get more facts when we have already had

  • 42 incidents of gun violence, which resulted in 25 fatalities and 65 injuries in the Midwest
  • 38 fatalities and 21 injuries in the Northeast, which included Sandy Hook Elementary School where 20 children were killed
  • 75incidents of gun violence, which resulted in 47 fatalities and 126 injuries in the South, and
  • 55 incidents of gun violence, which resulted in 65 fatalities and 124 injuries out West

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Since 1990, and there have been 18 school shooting in his year alone.

In his response to the shooting Trump tweeted,

“So many signs that the Florida shooter was mentally disturbed, even expelled from school for bad and erratic behavior. Neighbors and classmates knew he was a big problem. Must always report such instances to authorities, again and again!”

On the morning after the shooting, during his remarks addressing it, Trump said,

“Our administration is working closely with local authorities to investigate the shooting and learn everything we can. We are committed to working with state and local leaders to help secure our schools, and tackle the difficult issue of mental health.”

So the two responses so far has been to wait again before doing anything, which, if the past is any indication, means doing nothing, and to not mention guns, but, instead address mental illness.

The problem there is that just after explaining the Texas church shooting last year as

“This is a mental health problem at the highest level. It’s a very, very sad event. These are great people, and a very, very sad event. But that’s the way I view it”,

not only did Trump’s budget cut $400 million from mental health programs, but then he eliminated the Obama administration rule that required the Social Security Administration to submit records of mentally disabled people to the National Instant Criminal Background Check System, the FBI database used to determine if someone can buy a firearm under the  Brady Bill.

Saying that mass shootings are the result of mental illness, and telling the families of those who died, and the survivors in Florida that

“Our entire nation, with one heavy heart, is praying for the victims and their families. To every parent, teacher, and child who is hurting so badly, we are here for you — whatever you need, whatever we can do, to ease your pain. We are all joined together as one American family, and your suffering is our burden also”,

seems hollow sentiments.

But Trump did tweet,

“My prayers and condolences to the families of the victims of the terrible Florida shooting. No child, teacher or anyone else should ever feel unsafe in an American school.”

Paul Ryan told the press,

“Let us all keep the victims in our hearts. A long night lies ahead for many families. Right now, the whole country is standing with the Parkland community.”

Doing something after the many shootings, one involving elementary school kids, is a knee jerk reaction, while reflexively regurgitating “thoughts and prayers” while historically solving nothing, isn’t.

 

 

The sheriff writes a letter

Dear people of the county:

I am your sheriff.

My job here in Massachusetts is to run the county jail and make sure inmates are transported to and from court. If inmates are found guilty I transport them to the assigned prison, but if they are acquitted, I let them go. More than half the people in my jail at any given time usually fall into that last category, while many inmates, although charged with minor arrest worthy offenses, are in my jail because they could not pay a fine or raise bail.

Out West, in those big states with lots of land but few towns and people, the sheriff gets to be more than a glorified jail keeper. In those states towns are small and spread far apart so the local police aren’t able to cover all that space between towns or the large expanses of land that belong to the county but are not incorporated into any towns. Those places are outside town police jurisdictions, so someone needs to be the lawman that can arrest people on county owned land regardless where their alleged crime took place.

Now that is what I want to do, but it’s not my job.

I really, really want to bolster my self-esteem, and to do that, I want to be like those rootin-tootin sheriffs like they have in those big western states. The closest I can come to that is to pretend, and to convince you my job is greater than it is so people will think I am more important than I am.

Here in Massachusetts towns are close, cities large, and there is no “no man’s land”, so I have decided to act like my job is more than it is and convince you that is what I need to do.

That is why I keep telling you that my job is to keep you safe. It isn’t, actually. My job is to run the jail, but you are buying that.

I keep making general statements while refusing to produce any evidence that backs what I claim, and ignoring evidence that contradicts me.

I like to tell you that immigrants are rapists, murderers, and capital criminals, but I base that on nothing but my need to say that. I ignore the studies and reports, even those of the federal government, that show that because they do not want to bring attention to themselves people who are here without the proper papers keep their noses clean since committing crimes would make them stand out. But I tell you that where there are “those people” crime goes up.

I like to claim they bring wages down, even though, again, reports say the opposite, and I warn you that they are taking your jobs even though they do the type of work you wouldn’t do even if the job was offered. Do you really want to work in a sweat shop or out in a field picking lettuce in the blazing sun with no shade?

I will tell you they are taking your jobs and then turn around and tell you they are stealing your tax dollars by relying on welfare. It can’t be both, but if you believe it, that’s all I need.

I am like the parent who keeps the kid in bed at night by warning about the monster under the bed, and will always appear the hero because I will bravely walked into the room to get something in spite of the monster being there.

Since it works, I warn you about a vague “them”, always making sure to give enough details to let you think of someone you are not, but not enough to give the “them” any substance.

No one describes the bogey man, but he sure is scary.

If you ask me for proof that what I say is true, I will just tell you that it is common sense and, not wanting to have anyone think you don’t have any,  you will drop your demand for proof.

My emperor has no clothes, but you will compliment his wardrobe.

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I like to tell you that my jail is filled with the worst of the worst even though many if not most of the people there have driving violations, missed a fine payment, got drunk like I could have at that festival, or committed some minor infraction.

But, if you haven’t been in one, jails are scary places populated by rapists and killers. If you have ever been in one, you know many in there are just like you, someone who made a mistake and is scared.

Your naïveté works for me. I feed on it,

When you call 911, I don’t show up, neither do my deputies. They are busy running the jail while I am running around giving speeches that are based on my scare tactics. You get the local police. They are the ones who are really keeping you safe. But you forget that and think I am the hero who is keeping you safe.

I am not.

But how can you doubt or question your hero?

And, so, I claim to do things I really don’t.

I tell you I am protecting you from an enemy that doesn’t exist and you show me such gratitude.

I don’t give you any real verifiable details about the people you should fear so you can use your imagination to imagine the worst and will turn on your neighbors if they fit your image.

All this time I can get paid for not doing my real job, spend your money on wasteful things like a boat to patrol the harbor which is the coast guard and harbor patrol’s job, and on defending me in lawsuits that result from things I do to look tough, but are illegal.

And you love me.

And like a guard dog who is distracted when it sees a squirrel, I can get you to look away from my negligence of duty and abuse of the taxpayers by telling you I am protecting you from the monster under the bed.

I love you for that.

Sincerely,

Tom

 

 

It’s a party

Having obtained control of the White House and both houses of congress, the Republican Party threw off the mantel of the party of fiscal responsibility to begin spending money like a drunk, except a drunk stops spending money when it runs out.

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Short list of examples

When Trump shared a series of unverified videos allegedly portraying Muslims beating and harassing non-Muslim individuals that turned out to be fake, Sarah Huckabee Sanders had to defend him.

“Whether it’s a real video, the threat is real,” Sanders told reporters. “[Trump’s] goal is to promote strong border security and strong national security.”

“I’m not talking about the nature of the video. I think you’re focusing on the wrong thing. The threat is real, and that’s what the president is talking about.”

In a speech to law-enforcement officers at Suffolk County Community College in Brentwood, Long Island, Trump said,

“Like when you guys put somebody in the car and you’re protecting their head, you know, the way you put their hand over? Like, don’t hit their head and they’ve just killed somebody—don’t hit their head. I said, you can take the hand away, O.K.?”

He was “joking”. Sarah Huckabee Sanders dismissed it as a joke.

When he told boy scouts at their jamboree about wild yacht parties, he was being humorous.

After suggesting to a rally audience of people who loved the Second Amendment that since Hillary was against guns, they knew how to deal with her,

“By the way, and if she gets to pick– if she gets to pick her judges, nothing you can do, folks. Although the Second Amendment people — maybe there is, I don’t know”,

even Paul Ryan was disturbed enough to say,

“I heard about this Second Amendment quote. It sounds like just a joke gone bad. I hope he clears it up very quickly. You should never joke about something like that.”

And yep, Trump claimed he was joking.

After saying that he would throw Hillary Clinton in jail if he were elected president, ignoring due process, his people had to explain that it was just a joke.

“That was a quip” according to Kellyanne Conway.

When he accused President Barack Obama of being the founder of ISIS, he doubled down the next day in an interview,

“I meant he’s the founder of ISIS. I do. He was the most valuable player. I give him the most valuable player award. I give her, too, by the way, Hillary Clinton.”

But one day later, Trump tweeted

“Ratings challenged CNN reports so seriously that I call President Obama and Clinton “the founder” of ISIS, & MVP, THEY DON’T GET SARCASM?”

Then there was that moment of irony when he apparently invited Russian hackers to dig up thousands of deleted emails from Hillary Clinton’s private email server.

“Russia, if you’re listening, I hope you’re able to find the 30,000 emails that are missing.”

Then his advisers had to clarify that by claiming the remark was tongue-in-cheek, and Trump eventually claimed he was being sarcastic.

Following Trump’s comment on the criminal justice system,
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“We have to come up with punishment that is far quicker and far greater than these animals are getting right now. We need quick justice and strong justice, much quicker and stronger than we have now. What we have right now is a joke, and it’s a laughing stock. No wonder so much of this stuff takes place”,

Sanders insisted Trump did not say the country’s criminal justice system is a “joke” and “laughing stock”, but, rather, has only “voiced his frustration” with the process.

Following two tweets that came after the truck attack in Manhattan, both of which referred to Senator Schumer,

“The terrorist came into our country through what is called the “Diversity Visa Lottery Program,” a Chuck Schumer beauty. I want merit based”

And

“Senator Chuck Schumer helping to import Europes problems” said Col.Tony Shaffer. We will stop this craziness!”,

Sanders again had to do some clean up, albeit a poor job of it, by claiming that Trump was not pointing the finger at Schumer for paving the way for the attack.

With Trump’s referring to African countries as “shitholes”, poor Sarah had to dance fast. First she praised the president’s humanity and populist appeal.

 “No one here is going to pretend like the president is always politically correct. He isn’t. I think that’s one of the reasons the American people love him. One of the reasons that he won and is sitting in the Oval Office today is because he isn’t a scripted robot. He’s somebody who tells things like they are sometimes, and sometimes he does use tough language.”

But then to cover all the bases, she threw in,

 “I’ve never heard him say anything like that.”

After the negative reaction  to Trump’s tweet about Senator Kirsten Gillibtand’s calling for the president’s resignation in response to renewed sexual misconduct allegations against him,

“Lightweight Senator Kirsten Gillibrand, a total flunky for Chuck Schumer and someone who would come to my office “begging” for campaign contributions not so long ago (and would do anything for them), is now in the ring fighting against Trump. Very disloyal to Bill & Crooked-USED!”,

because it had the ring of sexism to it, specifically the “and would do anything for them”, Sanders had to, again, modify the sentiment.

“He’s not alleging anything. There’s no way that this is sexist at all.”

“I think only if your mind was in the gutter would you have read it that way, so no, [he won’t apologize]. He’s obviously talking about the political partisan games that people often play and the broken system that he’s talked about repeatedly.”

When speaking to a crowd in Ohio about the lack of Democrats’ not clapping for him during his State of the Union address, Trump whined.

“They were like death and un-American. Un-American. Somebody said ‘treasonous.’ I mean, yeah, I guess, why not? Can we call that treason? Why not? I mean, they certainly didn’t seem to love our country very much.”

And Miss Sarah went right back to the standard dismissal of her bosses remarks,

“The president was clearly joking with his comments. But what isn’t a joke is that Democrats refuse to celebrate the accomplishments of last year that has helped all Americans.”

I agree with Senator jeff Flake.

“I have seen the president’s most ardent defenders use the now-weary argument that the president’s comments were meant as a joke, just sarcasm, only tongue-in-cheek. But treason is not a punchline.”

No, they’re not

 

There’s something a little disconcerting to hear people from the Southern Red States decrying those from foreign countries who are coming here, taking their jobs, and relying on  public assistance to live here without having to work.

First they cannot be taking jobs if they are on public assistance, and secondly, they, besides not qualifying for public assistance, would be idiots if they were here illegally and then report to a government office to get free money.

Southern Red States have been effectively fooled into accepting a false history for the benefit of those who continue to play them for fools.

They decry people from other countries coming to take their jobs and demonstrate their displeasure at this by waving confederate flags and celebrating their heritage, even though that heritage is not the romantic heritage they have been fooled into accepting.

In the antebellum agrarian south, the upperclass made its wealth by importing slaves from foreign countries who were forced to work for free in order to avoid having to pay “Native” southerners who had to survive on subsistence farming. The jobs that could have earned them a wage were given to those brought here to do it for free, and then they were fooled into fighting a war to keep this system going.

Their southern heritage is being forced into a never ending cycle of poverty as the Southern Red States are now dependent on federal money and are the highest users of welfare, food stamps, and federal programs. Southern Red States get more back for each dollar paid into the federal coffers while Blue States get less and are subsidizing the Southern ones.
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Even to this day, Southerners are kept from having jobs that could earn them wages because, even as the 13th Amendment abolished slavery, it contains a convenient loophole that has been used to keep people working for no wages while those who could use the wages are left out.

“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Create laws that create criminals, apply those laws selectively, mete out long prison sentences, convince the general population that one segment of society has a natural propensity to commit crimes which calls for protecting the general population, and people will be glad others are locked up and will fail to see they are working at jobs the members of the general population should have, a population that does not recognize they are further being used because they are paying tax money to support for profit prisons so the companies for which prisoners work increase their profits by not having to pay any income out into wages and the owners of the for profit prisons, who by contract must be supplied a required amount of prisoners or the counties and states will be monetarily penalized, that penalty being paid by the taxpayers who are, again, locked out of the salaried jobs.

One of the reasons corporations speak against Unions is because of them workers cannot be under or insultingly paid, and working conditions must be humane. Unions also led the fight against using prisoner labor in lieu of the non-prisoner work force. As in other areas where they sided against their own best interests, Southern worker were convince Unions were bad things that kept them from being able to find work.

So Southern Red States, blind to their own reality, have been convinced that immigrants are the ones keeping them from their jobs while the system they love has been doing that since Jamestown, and having been convinced that others have been taking their jobs they count on messiahs to end that not realizing their messiahs have been playing them and benefiting.

Immigrants aren’t taking your jobs.

The “job creators” aren’t offering them to you.