It is published daily. A very thorough and well-documented book. AP -- A former Florida House speaker was sentenced to two years in prison Tuesday for tax evasion, and his wife got 15 months for the same. It openly attacks the deity of Jesus Christ and the Word of God. Guarnieri Heffernan v. Former airline executive and prominent civic leader gunned down in Memphis Philip Trenary was also a prominent civic leader lauded for his community work. When the Supreme Court states that "[e]ach method of communicating ideas is a law unto itself", what they're really saying is that each decision of the Supreme Court holding this view is a "law unto itself", since there is no such language in the First Amendment.
We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason. We reserve the right to delete any comment for any reason at any time. Interesting that two judges on a three judge panel dissent I am aware that one is only partial but the language of two quoted passages doesn't make that clear. Yeah, that took me a while to puzzle out, too.
I finally had to frame it out as a logic problem. The court was asked to answer to independent questions. The votes in the panel were 2 for A, 1 for not-A and 1 for B, 2 for not-B. Thus, the final decision had to be A and not-B. Looking in detail, judge 1 also thought A and not-B so he "joined" the opinion in full but apparently he didn't write it?
Judge 2 thought A and B and judge 3 thought not-A and not-B so they both agreed in part and dissented in part, though different parts for each.
The thing I still can't figure out is why, if the agency is unconstitutional not-B , the question of statutory compliance A got reached at all.
Why didn't "the FHFA is unconstitutional" end the matter? For your last question, it has to do with the order federal courts address matters. They will avoid answering a question of constitutionality if some other avenue of getting rid of the case suffices. Here if the panel had agreed that the agency overstepped they wouldn't need to address FHFA's constitutionality at all. I do think that's backwards but it is the way things are. Ben of Houston 7. I have to say that I agree with Judge Willet's opinion on one part.
The fact that a federal agency demanded a total dividend in perpetuity is concerning. This seems to be more of a takings clause problem. The shareholders will never see another dime so long as this agreement, created and enforced by government law, is in placed.
With this agreement, the government took all of the value of the shares. Also, IIRC, the agreement was agreed to under threat of abusive regulatory action, coerced, not freely entered into.
What was the fair market value of ownership of Fannie Mae and Freddie Mac at the time of the financial crisis? Takings for public use are authorized by the Constitution, provided just compensation is provided. Does this constitute a public use? How much compensation is due to shareholders of companies with a highly negative net worth in this particular circumstance? Given that neither Fannie nor Freddie had a negative net worth, I don't see why this is relevant. Would a court accept the historical share prices as the actual value of those entities?
The traders willing to pay those prices may have assumed the government would give the shareholders a better deal despite the two institutions having an actual negative net worth once risks are also priced or may have had incomplete information on the up to date value of the assets held by them.
I think the H is silent. As in, the panhandler asking if you can spare money fo-fo-fo-a meal? Bob from Ohio 7. I wonder if there is any chance the administration won't? Leaving this intact would be big blow to the regulatory state. Can't the plaintiffs appeal the negative holding on the statutory point?
Or is that mooted by the constitutional holding. Also, is this one of the circuits where the non-panel judges can move sua sponte to rehear en banc?
Suppose we made a leadership team with members from two parties, but neither of those parties was Republican or Democrat? Does that satisfy the restriction? Congress may establish independent agencies as "necessary and proper" in order to exercise its enumerated powers. But whatever Congress finds "necessary and proper" must be consistent with Constitution's "letter and spirit. Not saying that isn't a fair representation of what is in the case you cite, but could you provide a bit more of the quote, in context?
Reason I ask is, the way you put it suggests that the Court narrowed Marshall's interpretation of the necessary and proper clause, without providing specificity as to how much it was narrowed, or what tests now determine what falls outside the new boundaries.
I'm wondering if that is really what happened, and if so, why it doesn't come up all the time? To make my question clearer, isn't Marshall's interpretation that the test is whether the ends sought fall within the enumerated powers delegated to Congress? And if that is the case, then all necessary and proper means which do not actually contravene specific Constitutional provisions are permitted. The bit about the Constitution's "spirit," doesn't sound like Marshall to me.
Have I overlooked something? I have a question - and please be gentle, I'm not a lawyer. I read through the entire opinion really and they struck the "removal only for cause" language from HERA and left the remainder of the legislation intact. Only if the decision isn't appealed?
I have no idea what those latin phrases mean. Here is how the per curiam opinion for the court begins: Chief Judge Stewart's opinion begins: Judge Willett's opinion begins: The situation, both domestic and international, was grim and worsening quickly: With respect I dissent. The fire burned southeast, away from the hospital, until the wind reversed an hour later. Along the way it consumed the Public Utilities plant, which destroyed the firefighters' water supply.
Despite their efforts, numerous homes, at least a hundred businesses, four hotels, the Iron Mountain Railroad facilities, and the Crystal Theater were destroyed. A rainstorm finally quenched the blaze at Hazel Street. Although Central Avenue was ultimately protected primarily by desperate use of dynamite , much of the southern part of the city was destroyed. From April 2—12, several Pentecostal Christian leaders gathered in Hot Springs to form what became known as the Assemblies of God.
It has since grown to become one of the largest Pentecostal denominations in the United States, with 3,, adherents, 12, churches, and 36, ministers as of [update]. Illegal gambling became firmly established in Hot Springs during the decades following the Civil War, with two factions, the Flynns and the Dorans, fighting one another throughout the s for control of the town.
Frank Flynn, leader of the Flynn Faction, had effectively begun paying local law enforcement officers employed by both the Hot Springs Police Department and the Garland County Sheriff's Office to collect unpaid debts, as well as to intimidate gambling rivals.
This contributed to the March 16, , Hot Springs Gunfight. Of the seven Hot Springs police officers who have been killed while in service of the department, three died during that gunfight, killed by deputies of the Garland County Sheriff's Office. One part-time deputy sheriff was killed also, by the Hot Springs officers. Hot Springs eventually became a national gambling mecca, led by Owney Madden and his Hotel Arkansas casino.
The period — was its wagering pinnacle, with no fewer than ten major casinos and numerous smaller houses running wide open, the largest such operation in the United States at the time.
Hotels advertised the availability of prostitutes , and off-track booking was available for virtually any horse race in North America. Local law enforcement was controlled by a political machine run by long-serving mayor Leo P. The McLaughlin organization purchased hundreds of poll tax receipts, many in the names of deceased or fictitious persons, which would sometimes be voted in different precincts. A former sheriff, who attempted to have the state's anti-gambling laws enforced and to secure honest elections, was murdered in No one was ever charged with his killing.
Machine domination of city and county government was abruptly ended in with the election of a "Government Improvement" slate of returning World War II veterans led by Marine Lt. Sid McMath , who was elected prosecuting attorney. A grand jury indicted several owners and promoters, as well as McLaughlin, for public servant bribery. Although the former mayor and most of the others were acquitted, the machine's power was broken and gambling came to a halt, as McMath led a statewide "GI Revolt" into the governor's office in Illegal casino gambling resumed, however, with the election of Orval Faubus as governor in Rockefeller sent in a company of state troopers to shutter the casinos and burn their gaming equipment.
Until other forms of gambling became legal in Arkansas four decades later,  Oaklawn Park , a thoroughbred horse racing track south of downtown, was the only legal gambling establishment in Hot Springs and one of only two in the state of Arkansas; the other was the Southland Greyhound Park dog track in West Memphis.
Both Oaklawn and Southland remain in operation. The military took over the enormous Eastman Hotel across the street from the Army and Navy Hospital in because the hospital was not nearly large enough to hold the sick and wounded coming in.
In , the Army began redeploying returning overseas soldiers; officials inspected hotels in 20 cities before selecting Hot Springs as a redistribution center for returning soldiers. In August the Army took over most of the hotels in Hot Springs. The soldiers from the west-central states received a day furlough before reporting to the redistribution station.
The soldiers had time to enjoy the baths at a reduced rate and other recreational activities. The redistribution center closed down in December after processing more than 32, members of the military.
In , after the war, the Eastman was demolished when the federal government no longer needed it. In , the metro was ranked by Forbes as one of the top "small places for business and careers", citing a low cost of doing business, high job growth and an educated workforce.
The city takes its name from the natural thermal water that flows from 47 springs on the western slope of Hot Springs Mountain in the historic downtown district of the city. It emerges from the tunnel south of Bathhouse Row then flows through the southern part of the city before emptying into Lake Hamilton , a reservoir on the Ouachita River.
The climate in this area is characterized by hot, humid summers and generally mild to cool winters. Precipitation is weakly seasonal, with a bimodal pattern: The spring wet season is more pronounced than fall, with the highest rainfall in May.
Hot Springs precipitation is impacted by the orographic effect of the Ouachita Mountains. Hot Springs is the principal city of the Hot Springs metropolitan area , which includes all of Garland County, registering a population of 96, in according to the United States Census Bureau.
As of the census  of , there were 35, people, 16, households, and 9, families residing in the city. The population density was 1, There were 18, housing units at an average density of The racial makeup of the city was There were 16, households out of which Of 16, households, are unmarried partner households: The average household size was 2. In the city, the population was spread out with For every females, there were For every females age 18 and over, there were The city has been a tourist mecca for generations due to the thermal waters and attractions such as Oaklawn Park , a thoroughbred racing facility; Magic Springs and Crystal Falls theme parks; a fine arts community that has earned the city the No.
Superlift Offroad Vehicle Park hosts the annual Ouachita Jeep Jamboree, an off-road adventure weekend that draws people and their 4x4's from a dozen states. Educational institutes and conventions are important events in the spa city. Hot Springs is also home to the annual alternate reality game Midnight Madness , based on the movie from which it gets its name. Teams race throughout the city at night, solving clues based on difficult puzzle and physical challenges.
An alligator feeding show includes educational material about the animals. Bathhouse Row , consisting of eight turn-of-the century historic buildings, lies within Hot Springs National Park and is managed by the National Park Service. Fordyce Bathhouse was restored in as the park's visitor center and the beginning of restoring all properties on Bathhouse Row.
Buckstaff Bathhouse has been in continuous operation since and is one of the best-preserved structures on Bathhouse Row. Garvan also has a Japanese-themed section with several species native to Japan throughout.
The garden is situated on a peninsula jutting into Lake Hamilton and began as Verna Garvan's personal garden for decades before being donated to the University of Arkansas landscape architecture department. Thirteen of Hot Springs's hotels are individually listed by the NRHP within the city, with more being listed as contributing properties within other districts.
Four of Hot Springs' neighborhoods are preserved as historic districts by the National Register of Historic Places , and the city also contains five historically important commercial districts in addition to the aforementioned Bathhouse Row and Central Avenue Historic District.
During Hot Springs' heyday, several tourists visiting the city stayed at motor courts , the precursor to today's hotels. The NRHP recognizes seven of these motels as culturally and historically significant: Fordyce , a prominent businessman and railroad executive who moved to Hot Springs in The house and outbuildings are built as log cabins in the Adirondack style.
A variety of architectural styles are used, with many of the structures using brick facades. The Quapaw-Prospect Historic District contains structures near downtown Hot Springs, with residential houses contributing to the character of the district built between and in several architectural styles.
The — district contains 60 single-family houses and ten other structures. Predominantly Craftsman , ranch and Queen Anne -style buildings, the district is northwest of downtown Hot Springs. Seven districts in Hot Springs have special historical significance to the city's past economy. Built in , the six-story brick building built in the Spanish Colonial Revival style with Art Deco detailing is the centerpiece of the district, and remains the most imposing figure on the Hot Springs skyline.
Almost entirely unaltered, the s structures are associated with the railroad industry, which was extremely important to Hot Springs in the early 20th century. As the city grew during the early 20th century, commercial activity developed along Ouachita Avenue south of Bathhouse Row, today preserved as the Ouachita Avenue Historic District.
Mostly consisting of brick commercial and multifamily buildings, the district maintains the character of an historic commercial area. The Peter Joplin Commercial Block building was the only building to survive the "Black Friday" fire, making it a remnant of early commercial activity on Ouachita Avenue when all contemporary structures have been destroyed.
Lake Hamilton and Lake Catherine are two reservoirs of the Ouachita River south of Hot Springs created for hydroelectric power generation and recreational uses.
Today, the park features fishing and water recreation as well as camping to visitors. Lake Hamilton was created following the construction of Carpenter Dam in the s.
Following construction, resorts, businesses, and homes have been built along the lake, in contrast to Lake Catherine. Oaklawn Park has been in operation since An additional horse racing park was once within the city limits, but was eventually closed. The meet, which is annually held from January through mid-April each year, is sometimes referred to as the "Fifth Season" and features the "Racing Festival of the South" during the last week of the racing season each April.
Many Triple Crown contenders compete in the Arkansas Derby , which is the big finale each year of the meet. Hot Springs operates under the council-manager form of city government, one of the two most common forms of local government in the United States , and common in smaller municipalities. The city is divided into six districts, which elect a city director to the seven-member board of directors.
As a body, the board is the prime executive branch of Hot Springs government whose duties include making policy, creating a budget, and passing resolutions and ordinances. The seventh member is a mayor elected at-large by Hot Springs. The mayor presides over city functions in an official capacity and manages the municipal government, without legislative authority.
City director elections are held every four years, but are staggered such that elections for three districts coincide with the election of the President of the United States and four occur in November of "off years". Hot Springs public secondary education includes five school districts, ultimately leading to graduation from five different high schools. A two-year residential program, ASMSA was established in and is available to students from across the state following acceptance.
The only accredited post-secondary educational opportunity in Hot Springs is at National Park College. Created from a merger between Garland County Community College and Quapaw Technical Institute, the college enrolls approximately 3, students annually in credit programs.
Champion Baptist College was issued a Letter of Exemption from Certification by the Arkansas Department of Higher Education to offer church-related courses and grant church-related degrees. Hot Springs previously had a Catholic grade school for black children, St. Gabriel School; it closed in It is published daily. The online newspaper is www. It lists up-to-the minute concise information about the city. The Thrifty Nickel , a classified advertising publication, is published from offices at Ouachita Avenue.
The Little Rock edition is also published from this office. Seven AM radio stations and fifteen FM stations broadcast from the area. In addition, most of the Little Rock radio stations provide at least secondary coverage of the city. Route 70 and U. Route bypass the downtown to the south on the four-lane Dr. Martin Luther King Jr. Hot Springs is served by Memorial Field Airport. Within Hot Springs, three fixed-route buses are operated by the city's Intracity Transit.
All routes are based at the city's Transportation Depot in downtown Hot Springs, and operate six days a week; Sundays and six annual holidays are excluded. From Wikipedia, the free encyclopedia. Hot Springs National Park. Not to be confused with Hot Spring County, Arkansas.