November 7, 2008
I go with Evan to grab some food. We go to the big liquor store near NYU where he gets me two handles because they’re so cheap. I get one that’s cherry Georgi, which turns out to be disgusting.
I find out that Evan’s busy and doesn’t want to go to the bar party and we’re invited too. Derrick, who was Gianfranco’s friend that visited Prague, is having a shindig. I was invited through Facebook. I’m gonna be seeing lots of people that I haven’t seen in a while like Gianfranco.
I get there past 12:00, the thing starts at 11:00. There’s a lot of drifting around for me. I say Hi to a lot of people, but it’s mostly short convos and awkwardly floating around. Gianfranco eventually comes and I take a shot with him. Someone else buys me a shot and I buy two beers through the night. By the end of the night, I’m pretty shitfaced.
In the end, it’s really great seeing people again, but I don’t feel I established links well enough, so I’m not really optimistic that I might be seeing these people again or hanging out with them. It’s quite a hit to be seeing all the people from Prague.
I end up leaving by 2:20 and get KFC on the walk back. Hopefully tomorrow is fun.
November 17, 2008
It was a slow weekend since no one was around. Didn’t really do anything, though a lot of time on Stickam speaking to Nikki, who again I’ve been speaking to more than anyone else I know.
At least I’ve been reading about of a lot Constitutional Law stuff like the cases dealing with Guantanamo, free speech for class, and religion clauses for a paper.
I have an ALCU meeting, which is the second to last. I speak to some random people about the Politics classes and there’s just some food next time, that’s about it. Hopefully I’ll become better involved next semester.
I find out that I get into the NYU Law Shadowing program. I get to speak to a NYU Law (Top 5 law school in the country) student and attend one of his classes. It’s an amazing opportunity.
November 21, 2008
So it turns out that the first year Con. Law class that I get to go too is pretty cool. I spent hours before it reading Roe and Griswold. The professor is a great lecturer. Doesn’t stumble when speaking, prepared, and quick. I don’t know if that’s a good thing, but I like fast speakers.
The class actually turns out to be a lot like my Civil Liberties class. She gives a lecture on the thinking of the Court when deciding the case and allows people to give their opinions. From their opinions and how many people are taking notes/paying attention, it seems that I would really hold my own if I was in that class. Then again, I can’t really dig on them because they got into the school, something that I will not be doing…
Anyway speaking about that, I’ve had a great fire this semester of reading cases along with what my class asks for. Here’s some stuff that I’ve just spent hours and hours reading. And listening through podcasts.
Free Exercise Clause
Establishment Clause
Eminent Domain
Free Speech
Incorporation
Administrative law, Chevron deference, legislative veto
Lochner era, striking down of it
Substantive due process, Roe, Griswold, Carhart
Gitmo cases, Boumedeine, Rasul, Hamdi, Hamdan (watching ALCU movie)
Campain Reform/Spending
4th Amendment, exclusionary rule
Judicial jurisprudence
Evan said earlier that we should be doing stuff tonight. Lets see if that happens.
We end up going to the bar near us. We know the bartender and he makes up a deal of two Miller High Life for $5. I take that while Evan goes four gin and tonics deep. We then take a cab to Still, a popular NYU place. The place is poppin’ and loaded with people.
I get another beer since I’m taking it not too harshly. However, Evan gets two gin and tonics. I try to get him to work the shit and he actually shmoozes it up a bit with a really cute asian girl. However, he doesn’t follow it up and he loses her to another guy. I try to get him to wing with me otherwise, but that doesn’t work out since he ends up superdrunk. We go to Karthik’s place, stand around for a bit, he’s drunk, we leave, we get food, take a cab back, and end of night.
Although the game wasn’t thrown down hard, we were out and Evan finally got drunk. A great night in context.
November 30, 2008
Lots of people want to go to Dino, but there are issues. It’s an over an hour trip for me. It’s a long subway ride from 1st Ave to 131st. There’s also walking. They also don’t have ressies, so what’s that! I don’t really trust the fact that they might not get in or it will be an hour wait or something.
Turns out that they do get in, but they don’t do anything for the night, what a good plan for the night….
At 2:30ish, I go to this place I found on Sunny and Annie’s from Yelp. This is the review I wrote.
I just walked back from Sunny and Annie’s. It’s by far the best I’ve had in the East Village. I walk in and ask for the Monalisa. The guy throws in a breaded chicken cutlet in the microwave. The Korean guy that runs the place shouts at the people in the bathroom that they shouldn’t be using it and how he spent $700 in fixing it.
The guy flattened my roll and I’m confused why he’s doing it. It’s toasted. Then loads of roasted peppers are thrown on. Then at least 4-5 leaves of fresh basil. Then multiple slices of fresh mozzarella. If you guys care of about food, yes, FRESH mozzarella is put on. Then a load of balsamic. Then on with the cutlet. It costs $5.50.
I walk away eating it and I might’ve ejaculated in my pants. The sandwich is so big that it makes sense that the roll was flattened. After eating it, I realized in my bag that there’s a pickle in aluminum foil. A nice finishing to the best sandwich I’ve had. Go there, it’s so good.
December 1, 2008
The day is slow. I do a Psych study that is really boring and annoying. I just stare a boring screen and get shocked. It doesn’t hurt, but it’s annoying to sit there still for 30 minutes. So annoying.
Anyway, Stickam update.
I’ve been speaking to Corinne actually a lot. She calls me during her work breaks and we speak on AIM a lot during the weekend. She’s been recently going live, so I spend a lot of time there. She’s apparently coming to NYC in January.
It’s strange that so many people have disappeared off of Stickam. Then again, I guess people have lives.
December 5, 2008
It’s Boris’ birthday and I start drinking at night. We only go out at 12:00. Before that, I go to the Russain liquor store to pick up a bottle of JD because Evan thinks we should get a gift for him.
It’s at an apartment very close to us. It’s a pretty busy party, but Boris leave immediately and we go outside to stand around with Karthik, who’s pretty drunk. We stand around like idiots for a while and I tell Evan, we gotta move and do something. We have to either go back into the party or follow people who are leaving for a bar. Instead, we stand around for a while and try following the people.
We end up losing them and it turns to be a cock fest of a few drunk doods. Karthik’s drunk and wanders off. The other doods end up losing themselves or whatever. A waste of a party.
December 12, 2008
I’m invited on Facebook to this bar thing because Jenn, one of the girls I knew from Prague is moving back to LA. This again is like the thing I was invited too with Derek and Gianfranco. It’s going to be Prague people that I haven’t seen or talked to, but what am I going to do? Stay in and be a weirdo instead of going out and try to feel shit out?
Evan and I go to Five Guys for a bit. While I only needed 1 handle, I forgot to tell him. He got me two and there’s only 1 week of school left. Also, the night before, Brian was at Evan’s. He apparently also watches Pick Up and we have a paralleled conversation over it. It’s interesting because he’s used it to success and he’s also watch the episodes like me. We speak a lot about it and exchange ideas about it.
I pregame really hard and also find out that Evan isn’t coming with me. Socially anxiety is a killer and pregaming really hard does a good work on that. When I get there, I grab a beer. I see a lot of the peoples and they’re pretty darn nice to me. Charlotte is pretty and for some reason playing with my hair and stuff. Liz and I speak about Gossip Girl for a while. I hang with Allyse and her brother, Brendan for most of the night with his two cops friends. They joke that they have to get me more Irish and get a double shot of Jameson. I was already really shitfaced when I got there. The beer pushes me, the double shot really shoves me. I need a break and go outside for a “cig.” Instead, I’m super drunk and go over to the pizza and grab a drunk slice.
I get back and all inhibitions are dropped by then. They’ve ordered by another double shot and I take it. I’m so shitfaced that even the bartender notices by giving me a glass of water. That’s fuckin so embarrassing. We then go outside for a bit and the bouncer tells Brendan that I can’t go back in. I was planning to leave anyway because I was so drunk. I end up shamefully leaving and having to take someone’s number so I text when I get home safely.
Sunday, 14 December 2008
Friday, 12 December 2008
My Essay Bitchez
Darwin Goh
Professor Khan
Civil Liberties
25 November, 2008
The Duality of the Two Religion Clauses
In the history of the Supreme Court, it has constantly been faced with questions involving religion. The Free Exercise Clause and Establishment Clause of the First Amendment are guidelines set by the Constitution in dealing with religion, but the two often conflict with each other. The Court has been through the task balancing these rights and protections provided by the duality of these two clauses. There have been countless cases where the Court has dealt with these clauses, which has created an extensive history of jurisprudence. As the tension and duality of the clauses continues, the Court will continue to look for a proper balance to resolve this issue.
The two clauses in question are derived from the beginning of the First Amendment, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The Establishment Clause comes from "no law respecting an establishment of religion" and the Free Exercise Clause comes from "prohibiting the free exercise thereof."
The Establishment Clause was incorporated onto the states through the Due Process Clause of the Fourteenth Amendment in Everson v. Board of Education, (1947). Not only is this case groundbreaking for incorporation, but also the language and “wall of separation” used by Justice Hugo Black, who wrote the majority opinion. His broad interpretation of the Establishment Clause created a strict boundary where the state had to almost completely avoid all interaction with religion or church. The Free Exercise Clause was incorporated in Cantwell v. Connecticut (1940). This set precedent onto the states that people’s free exercise of religion was not to be intruded upon.
The dilemma that the Court is faced with is balancing between these two clauses. While the state must avoid supporting or establishing religion, it also must assure that those who are practicing their religion are able to do so without government intervention. Many cases are faced with this duality. An example of a case that demonstrates this is Braunfeld v. Brown, (1961), where the Court found that Pennsylvania’s Sunday closing law had “purpose and effect of which is to advance the State's secular goals, the statute is valid despite its indirect burden on religious observance.” The Court finds that Braunfeld and other Orthodox Jews face only an “indirect burden” because the law doesn’t purposely impede upon their religious exercise. The state has reasonable and secular goals with the banning of business on Sundays. Precedent for restriction of business by the state, very similar to the Pennsylvania’s law, can be found in McGowan v. Maryland, (1961). In addition, the Court invokes the point that Braunfeld’s desire to do business on Sunday is “conduct.”
The Court has separated the expression of religion into “conduct” and “belief.” Belief is simply the right to hold one’s ideas and feelings on religion. However, once that leaks into physical action, then it is to be considered conduct. Because the state may have interest in controlling outward expression, the Court has found that conduct has less protection than belief. This dichotomy is created in Reynolds v. United States, (1878). In its decision, the Court quotes Thomas Jefferson, “the legislative powers of the government reach actions only, and not opinions.” When Reynolds committed the crime of polygamy, his religious duty of doing so was not protected by the Free Exercise Clause because it was action and conduct, instead of an internal idea of belief. It is because of this difference between conduct and conscience that Braunfeld’s religious rights were not protected as simply believing in his religion, but his desire to be able to sell goods on Sundays. He was not faced with a direct burden by the state and therefore strict scrutiny would not be applied.
This issue of state accommodation of people’s religious conduct was better defined in Sherbert v. Verner, (1963) with the creation of the Sherbert Test. In this test, direct burden onto an individual must be shown. As for the state, it must show it has a “compelling state interest” and achieve that interest in a way that least interferes with a person’s beliefs. The state’s interest was to create a consistent way of giving benefits for those unemployed. Unlike Braunfeld, the Court found that she was directly burdened for not receiving benefits and her religious duty of not working on Saturdays was a belief. The state had unfairly decided that a “Sabbatarian must conform with the scruples of the majority in order to obtain unemployment benefits.” Because of direct burden and belief, the Court found that the state must be shape its interest to occupy Sherbert’s beliefs and allow her benefits.
Later, Employment Div. v. Smith, (1990) set back Sherbert’s permission of exemptions. Justice Scalia specified, “We have never invalidated any governmental action on the basis of the Sherbert test except the denial of unemployment compensation.” Because the state had an interest in prohibiting the use of drugs and the law was “valid and neutral law of general applicability,” there was no reason to give Smith an exception for peyote use. There is a slippery slope if such laws are curbed with exceptions. Statutes could be contradicted with a massive demand for exemptions for minimum wage laws, child neglect laws, animal cruelty laws, etc.
In response to this, Congress passed the Religious Freedom Restoration Act, which brought back the Sherbert Test and the use of strict scrutiny when investigating a state’s compelling interest. The act was overturned in City of Boerne v. Flores, (1997). This set the Court’s standard back to that of Smith, which found the Sherbert overstepping the protections provided in the Free Exercise Clause.
As for the Establishment Clause, Justice Hugo Black’s words in Everson v. Board of Education, (1947) have drawn a strict separation religion and the state. An example of this would be with schools and their use of prayer. The Court enforced Everson’s precedent, with Justice Black again writing the majority decision, and decided that the mere promotion of religion by a denominationally neutral and voluntary prayer is unconstitutional (Engel v. Vitale, 1962). To properly express a solid wall of separation, the Court created the Lemon Test (Lemon v. Kurtzman, 1971).
This precedent of removing religion from the schools has continued into more recent example’s of the Court jurisprudence towards the Establishment Clause, including banning student led prayer in Santa Fe Independent School Dist. v. Doe, (2000) and disallowing the teaching of creationism in Edwards v. Aguillard, (1987).
Between these two clauses, the Court has been put at the tedious task of allowing a free exercise of religion, while not allowing states to establish or recognize a specific religion, or any religions at all. The two clauses have been interpreted as conflicting interests that must be balanced. For the Establishment Clause, the Court’s jurisprudence has held relatively separationist since the wall of separation created in Everson. This consistency cannot be found with the Court’s history in dealing with the Free Exercise clause. The Court has allowed for some accommodation of religion with the Sherbert Test and compelling state interest, but it becomes overturned by Smith. This reveals a huge shift in the Court’s view on sympathizing for the interests of those who are burdened by the state.
The impacts of the Court’s decisions are widespread and affect many. Despite the Court’s attempt to enforce and protect the rights stated within the clauses, many remain dissatisfied. Those who desire religious exercise free from state intrusion are no longer allowed such exemptions (Employment Div. v. Smith, 1990). Schools that desire to reflect religious values of society onto students thorough prayer have constantly been rejected (Engel v. Vitale, 1962).
As the Court continues to assess the duality of the clauses, I feel there is a reasonable way to head towards an accepted view on interpreting and applying the clauses. First of all, the Court must reinterpret the Establishment Clause. I would agree with Justice Stewart’s words, “a refusal to permit religious exercises thus is seen, not as the realization of state neutrality, but rather as the establishment of a religion of secularism” (dissenting) (School Dist. of Abington Tp. v. Schempp, 1963). The “wall of separation” created in Justice Black in Everson has consistently conflicted with the interest of the state and education, which naturally involves religion because of society’s attachment to it. To completely separate the two creates a state of secularity, instead of avoiding establishment. In addition, dividing the two apart seems implausible. Justice Burger explains that the country’s history and current state includes religion such as, “In God We Trust” on US currency, the use of “under God” in the pledge, Congress’ recognition of religious holidays, etc. (Lynch v. Donnelly, 1984). Despite over fifty years precedent from Everson, it’s apparent that the state cannot completely remove itself from recognizing religion and to an extent, interacting with it. The government does involve itself with religion to an extent, yet it still has tried to represent a “wall” between the two.
In reinterpreting the Establishment Clause, reversing the incorporation of Everson would be a drastic move that would overturn decades of decisions and jurisprudence, although it was suggested by Justice Stewart in Schempp and Justice Thomas (concurrence) (Cutter v. Wilkinson, 2005). These two Justices interpret the Establishment Clause in an originalist sense, or as a provision of federalism that would inhibit federal establishment of religion over the states. However, with a long history of incorporation ever since Gitlow v. New York, (1925), it is hard to imagine the complete overturning of the precedence created in Everson. Instead, the Court must loosen its reins on religion and reject the flawed Lemon Test. It has had problems ever since its creation. It forced a Catch 22 by not allowing state funding possibly going towards religion in private schools, but also not allowing the state to check upon the schools if they were staying secular (Justice White concurring/dissent) (Lemon v. Kurtzman, 1971). Ever since its creation, the test has made it hard for the state to find a reasonable balance of interacting with religion. Also, the first prong of the Lemon Test, government action must have a secular purpose, improperly deals with law. As Justice Scalia finds, laws must be dealt with by their effect and not their intentions (concurrence) (Church of Lukumi Babalu Aye v. City of Hialeah, 1993). Despite its precedent, the Lemon Test must be modified without the first prong. Also, the second prong must be loosened to not completely reject religion from the state.
Another thing the Court way to settle the tension would be to remove taxpayer standing over Establishment Clause created in Flast v. Cohen, (1968). Recently, the Court has held the Commerce Clause of the Constitution is not a legitimate reason for a taxpayer to argue for burden by legislation before the Court (DaimlerChrysler Corp. v. Cuno, 2006). Despite Justice Scalia’s urge to rely on stare decisis, he realizes that Flast is not consistent with how the Court views standing because it makes an exception for the Establishment Clause by giving taxpayers standing and it should be overturned (Hein v. Freedom From Religion Foundation, 2007). Doing so would be a huge step in assuring that state action in dealing with religion is not consistently scrutinized, altered, or overruled by the Supreme Court. Despite these issues, the Supreme Court has come to what I feel is a logical and reasonable way to interpret the Free Exercise Clause in Smith. Creating exemptions for certain individuals only undermines legitimate and neutral laws.
The Supreme Court must not look at the Establishment Clause and Free Exercise Clause as separate entities that cause a conflicting duality. They are to be utilized by the Court as a harmonious collective that prevents state establishment of religion burdening individuals and allowing people to freely exercise their religion from biased laws. It should apply judicial restraint unless people are coerced upon should the Court act appropriately. A decision like Santa Fe Independent School Dist. v. Doe, (2000) is an example of how the Court has overreached its power by not allowing students to voluntarily exercise their right of religion. To construe their conduct in school as an establishment is unfortunate. The Court must reinterpret its relationship with states and how far it has gone to not prevent establishment, but unduly extract religion from the public sphere.
The Supreme Court has gone through quite a history in dealing with religion and observing how it has balanced between the Establishment Clause and Free Exercise Clause is extremely interesting. Its decisions have brought sweeping changes in how the government can associate with religion and people’s expression of it. Some of the Court’s jurisprudence has shifted ever since incorporation of the two Clauses in Everson and Cantwell, but hopefully the Court realizes a way to allow people to exercise their right in religion, but also allows states to act on its interests.
Works Cited
Braunfeld v. Brown, 366 U.S. 599 (1961). < http://supreme.justia.com/us/366/599/case.html>
Cantwell v. Connecticut, 310 U.S. 296 (1940).
Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993).
< http://supreme.just ia.com/us/508/520/case.html>
City of Boerne v. Flores, 521 U.S. 507 (1997).
Cutter v. Wilkinson, 544 U.S. 709 (2005).
< http://supreme.justia.com/us/544/03-9877/case .html>
DaimlerChrysler Corp. v. Cuno, (2006). < http://supreme.justia.com/us/547/04-1704/>
Edwards v. Aguillard, 482 U.S. 578 (1987). < http://supreme.justia.com/us/482/578/case.html>
Employment Div. v. Smith., 494 U.S. 872 (1990).
< http://supreme.justia.com/us/494/872/case .html>
Everson v. Board of Education of the Township of Ewing, 330 U.S. 1 (1947).
< http://supreme .justia.com/us/330/1/>
Engel v. Vitale, 370 U.S. 421 (1962). < http://supreme.justia.com/us/370/421/case.html>
Flast v. Cohen, 392 U.S. 83 (1968). < http://supreme.justia.com/us/392/83/case.html>
Hein v. Freedom From Religion Foundation, (2007).
< http://supreme.justia.com/us/551/06-157/>
Lemon v. Kurtzman, 403 U.S. 602 (1971). < http://supreme.justia.com/us/403/602/case.html>
Lynch v. Donnelly, 465 U.S. 668 (1984). < http://supreme.justia.com/us/465/668/case.html>
McGowan v. Maryland, 366 U.S. 420 (1961). < http://supreme.justia.com/us/366/420/case.html>
Reynolds v. United States, 98 U.S. 145 (1878). < http://supreme.justia.com/us/98/145/case.html>
Santa Fe Independent School Dist. v. Doe, 530 U.S. 290 (2000).
< http://supreme.justia.com/us/530/290/case.html>
School Dist. of Abington Tp. v. Schempp, 374 U.S. 203 (1963).
Sherbert v. Verner, 374 U.S. 398 (1963).
Professor Khan
Civil Liberties
25 November, 2008
The Duality of the Two Religion Clauses
In the history of the Supreme Court, it has constantly been faced with questions involving religion. The Free Exercise Clause and Establishment Clause of the First Amendment are guidelines set by the Constitution in dealing with religion, but the two often conflict with each other. The Court has been through the task balancing these rights and protections provided by the duality of these two clauses. There have been countless cases where the Court has dealt with these clauses, which has created an extensive history of jurisprudence. As the tension and duality of the clauses continues, the Court will continue to look for a proper balance to resolve this issue.
The two clauses in question are derived from the beginning of the First Amendment, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The Establishment Clause comes from "no law respecting an establishment of religion" and the Free Exercise Clause comes from "prohibiting the free exercise thereof."
The Establishment Clause was incorporated onto the states through the Due Process Clause of the Fourteenth Amendment in Everson v. Board of Education, (1947). Not only is this case groundbreaking for incorporation, but also the language and “wall of separation” used by Justice Hugo Black, who wrote the majority opinion. His broad interpretation of the Establishment Clause created a strict boundary where the state had to almost completely avoid all interaction with religion or church. The Free Exercise Clause was incorporated in Cantwell v. Connecticut (1940). This set precedent onto the states that people’s free exercise of religion was not to be intruded upon.
The dilemma that the Court is faced with is balancing between these two clauses. While the state must avoid supporting or establishing religion, it also must assure that those who are practicing their religion are able to do so without government intervention. Many cases are faced with this duality. An example of a case that demonstrates this is Braunfeld v. Brown, (1961), where the Court found that Pennsylvania’s Sunday closing law had “purpose and effect of which is to advance the State's secular goals, the statute is valid despite its indirect burden on religious observance.” The Court finds that Braunfeld and other Orthodox Jews face only an “indirect burden” because the law doesn’t purposely impede upon their religious exercise. The state has reasonable and secular goals with the banning of business on Sundays. Precedent for restriction of business by the state, very similar to the Pennsylvania’s law, can be found in McGowan v. Maryland, (1961). In addition, the Court invokes the point that Braunfeld’s desire to do business on Sunday is “conduct.”
The Court has separated the expression of religion into “conduct” and “belief.” Belief is simply the right to hold one’s ideas and feelings on religion. However, once that leaks into physical action, then it is to be considered conduct. Because the state may have interest in controlling outward expression, the Court has found that conduct has less protection than belief. This dichotomy is created in Reynolds v. United States, (1878). In its decision, the Court quotes Thomas Jefferson, “the legislative powers of the government reach actions only, and not opinions.” When Reynolds committed the crime of polygamy, his religious duty of doing so was not protected by the Free Exercise Clause because it was action and conduct, instead of an internal idea of belief. It is because of this difference between conduct and conscience that Braunfeld’s religious rights were not protected as simply believing in his religion, but his desire to be able to sell goods on Sundays. He was not faced with a direct burden by the state and therefore strict scrutiny would not be applied.
This issue of state accommodation of people’s religious conduct was better defined in Sherbert v. Verner, (1963) with the creation of the Sherbert Test. In this test, direct burden onto an individual must be shown. As for the state, it must show it has a “compelling state interest” and achieve that interest in a way that least interferes with a person’s beliefs. The state’s interest was to create a consistent way of giving benefits for those unemployed. Unlike Braunfeld, the Court found that she was directly burdened for not receiving benefits and her religious duty of not working on Saturdays was a belief. The state had unfairly decided that a “Sabbatarian must conform with the scruples of the majority in order to obtain unemployment benefits.” Because of direct burden and belief, the Court found that the state must be shape its interest to occupy Sherbert’s beliefs and allow her benefits.
Later, Employment Div. v. Smith, (1990) set back Sherbert’s permission of exemptions. Justice Scalia specified, “We have never invalidated any governmental action on the basis of the Sherbert test except the denial of unemployment compensation.” Because the state had an interest in prohibiting the use of drugs and the law was “valid and neutral law of general applicability,” there was no reason to give Smith an exception for peyote use. There is a slippery slope if such laws are curbed with exceptions. Statutes could be contradicted with a massive demand for exemptions for minimum wage laws, child neglect laws, animal cruelty laws, etc.
In response to this, Congress passed the Religious Freedom Restoration Act, which brought back the Sherbert Test and the use of strict scrutiny when investigating a state’s compelling interest. The act was overturned in City of Boerne v. Flores, (1997). This set the Court’s standard back to that of Smith, which found the Sherbert overstepping the protections provided in the Free Exercise Clause.
As for the Establishment Clause, Justice Hugo Black’s words in Everson v. Board of Education, (1947) have drawn a strict separation religion and the state. An example of this would be with schools and their use of prayer. The Court enforced Everson’s precedent, with Justice Black again writing the majority decision, and decided that the mere promotion of religion by a denominationally neutral and voluntary prayer is unconstitutional (Engel v. Vitale, 1962). To properly express a solid wall of separation, the Court created the Lemon Test (Lemon v. Kurtzman, 1971).
This precedent of removing religion from the schools has continued into more recent example’s of the Court jurisprudence towards the Establishment Clause, including banning student led prayer in Santa Fe Independent School Dist. v. Doe, (2000) and disallowing the teaching of creationism in Edwards v. Aguillard, (1987).
Between these two clauses, the Court has been put at the tedious task of allowing a free exercise of religion, while not allowing states to establish or recognize a specific religion, or any religions at all. The two clauses have been interpreted as conflicting interests that must be balanced. For the Establishment Clause, the Court’s jurisprudence has held relatively separationist since the wall of separation created in Everson. This consistency cannot be found with the Court’s history in dealing with the Free Exercise clause. The Court has allowed for some accommodation of religion with the Sherbert Test and compelling state interest, but it becomes overturned by Smith. This reveals a huge shift in the Court’s view on sympathizing for the interests of those who are burdened by the state.
The impacts of the Court’s decisions are widespread and affect many. Despite the Court’s attempt to enforce and protect the rights stated within the clauses, many remain dissatisfied. Those who desire religious exercise free from state intrusion are no longer allowed such exemptions (Employment Div. v. Smith, 1990). Schools that desire to reflect religious values of society onto students thorough prayer have constantly been rejected (Engel v. Vitale, 1962).
As the Court continues to assess the duality of the clauses, I feel there is a reasonable way to head towards an accepted view on interpreting and applying the clauses. First of all, the Court must reinterpret the Establishment Clause. I would agree with Justice Stewart’s words, “a refusal to permit religious exercises thus is seen, not as the realization of state neutrality, but rather as the establishment of a religion of secularism” (dissenting) (School Dist. of Abington Tp. v. Schempp, 1963). The “wall of separation” created in Justice Black in Everson has consistently conflicted with the interest of the state and education, which naturally involves religion because of society’s attachment to it. To completely separate the two creates a state of secularity, instead of avoiding establishment. In addition, dividing the two apart seems implausible. Justice Burger explains that the country’s history and current state includes religion such as, “In God We Trust” on US currency, the use of “under God” in the pledge, Congress’ recognition of religious holidays, etc. (Lynch v. Donnelly, 1984). Despite over fifty years precedent from Everson, it’s apparent that the state cannot completely remove itself from recognizing religion and to an extent, interacting with it. The government does involve itself with religion to an extent, yet it still has tried to represent a “wall” between the two.
In reinterpreting the Establishment Clause, reversing the incorporation of Everson would be a drastic move that would overturn decades of decisions and jurisprudence, although it was suggested by Justice Stewart in Schempp and Justice Thomas (concurrence) (Cutter v. Wilkinson, 2005). These two Justices interpret the Establishment Clause in an originalist sense, or as a provision of federalism that would inhibit federal establishment of religion over the states. However, with a long history of incorporation ever since Gitlow v. New York, (1925), it is hard to imagine the complete overturning of the precedence created in Everson. Instead, the Court must loosen its reins on religion and reject the flawed Lemon Test. It has had problems ever since its creation. It forced a Catch 22 by not allowing state funding possibly going towards religion in private schools, but also not allowing the state to check upon the schools if they were staying secular (Justice White concurring/dissent) (Lemon v. Kurtzman, 1971). Ever since its creation, the test has made it hard for the state to find a reasonable balance of interacting with religion. Also, the first prong of the Lemon Test, government action must have a secular purpose, improperly deals with law. As Justice Scalia finds, laws must be dealt with by their effect and not their intentions (concurrence) (Church of Lukumi Babalu Aye v. City of Hialeah, 1993). Despite its precedent, the Lemon Test must be modified without the first prong. Also, the second prong must be loosened to not completely reject religion from the state.
Another thing the Court way to settle the tension would be to remove taxpayer standing over Establishment Clause created in Flast v. Cohen, (1968). Recently, the Court has held the Commerce Clause of the Constitution is not a legitimate reason for a taxpayer to argue for burden by legislation before the Court (DaimlerChrysler Corp. v. Cuno, 2006). Despite Justice Scalia’s urge to rely on stare decisis, he realizes that Flast is not consistent with how the Court views standing because it makes an exception for the Establishment Clause by giving taxpayers standing and it should be overturned (Hein v. Freedom From Religion Foundation, 2007). Doing so would be a huge step in assuring that state action in dealing with religion is not consistently scrutinized, altered, or overruled by the Supreme Court. Despite these issues, the Supreme Court has come to what I feel is a logical and reasonable way to interpret the Free Exercise Clause in Smith. Creating exemptions for certain individuals only undermines legitimate and neutral laws.
The Supreme Court must not look at the Establishment Clause and Free Exercise Clause as separate entities that cause a conflicting duality. They are to be utilized by the Court as a harmonious collective that prevents state establishment of religion burdening individuals and allowing people to freely exercise their religion from biased laws. It should apply judicial restraint unless people are coerced upon should the Court act appropriately. A decision like Santa Fe Independent School Dist. v. Doe, (2000) is an example of how the Court has overreached its power by not allowing students to voluntarily exercise their right of religion. To construe their conduct in school as an establishment is unfortunate. The Court must reinterpret its relationship with states and how far it has gone to not prevent establishment, but unduly extract religion from the public sphere.
The Supreme Court has gone through quite a history in dealing with religion and observing how it has balanced between the Establishment Clause and Free Exercise Clause is extremely interesting. Its decisions have brought sweeping changes in how the government can associate with religion and people’s expression of it. Some of the Court’s jurisprudence has shifted ever since incorporation of the two Clauses in Everson and Cantwell, but hopefully the Court realizes a way to allow people to exercise their right in religion, but also allows states to act on its interests.
Works Cited
Braunfeld v. Brown, 366 U.S. 599 (1961). < http://supreme.justia.com/us/366/599/case.html>
Cantwell v. Connecticut, 310 U.S. 296 (1940).
Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993).
< http://supreme.just ia.com/us/508/520/case.html>
City of Boerne v. Flores, 521 U.S. 507 (1997).
Cutter v. Wilkinson, 544 U.S. 709 (2005).
< http://supreme.justia.com/us/544/03-9877/case .html>
DaimlerChrysler Corp. v. Cuno, (2006). < http://supreme.justia.com/us/547/04-1704/>
Edwards v. Aguillard, 482 U.S. 578 (1987). < http://supreme.justia.com/us/482/578/case.html>
Employment Div. v. Smith., 494 U.S. 872 (1990).
< http://supreme.justia.com/us/494/872/case .html>
Everson v. Board of Education of the Township of Ewing, 330 U.S. 1 (1947).
< http://supreme .justia.com/us/330/1/>
Engel v. Vitale, 370 U.S. 421 (1962). < http://supreme.justia.com/us/370/421/case.html>
Flast v. Cohen, 392 U.S. 83 (1968). < http://supreme.justia.com/us/392/83/case.html>
Hein v. Freedom From Religion Foundation, (2007).
< http://supreme.justia.com/us/551/06-157/>
Lemon v. Kurtzman, 403 U.S. 602 (1971). < http://supreme.justia.com/us/403/602/case.html>
Lynch v. Donnelly, 465 U.S. 668 (1984). < http://supreme.justia.com/us/465/668/case.html>
McGowan v. Maryland, 366 U.S. 420 (1961). < http://supreme.justia.com/us/366/420/case.html>
Reynolds v. United States, 98 U.S. 145 (1878). < http://supreme.justia.com/us/98/145/case.html>
Santa Fe Independent School Dist. v. Doe, 530 U.S. 290 (2000).
< http://supreme.justia.com/us/530/290/case.html>
School Dist. of Abington Tp. v. Schempp, 374 U.S. 203 (1963).
Sherbert v. Verner, 374 U.S. 398 (1963).
Sunday, 23 November 2008
Weekends
November 7, 2008
I go with Evan to grab some food. We go to the big liquor store near NYU where he gets me two handles because they’re so cheap. I get one that’s cherry Georgi, which turns out to be disgusting.
I find out that Evan’s busy and doesn’t want to go to the bar party and we’re invited too. Derrick, who was Gianfranco’s friend that visited Prague, is having a shindig. I was invited through Facebook. I’m gonna be seeing lots of people that I haven’t seen in a while like Gianfranco.
I get there past 12:00, the thing starts at 11:00. There’s a lot of drifting around for me. I say Hi to a lot of people, but it’s mostly short convos and awkwardly floating around. Gianfranco eventually comes and I take a shot with him. Someone else buys me a shot and I buy two beers through the night. By the end of the night, I’m pretty shitfaced.
In the end, it’s really great seeing people again, but I don’t feel I established links well enough, so I’m not really optimistic that I might be seeing these people again or hanging out with them. It’s quite a hit to be seeing all the people from Prague.
I end up leaving by 2:20 and get KFC on the walk back. Hopefully tomorrow is fun.
November 17, 2008
It was a slow weekend since no one was around. Didn’t really do anything, though a lot of time on Stickam speaking to Nikki, who again I’ve been speaking to more than anyone else I know.
At least I’ve been reading about of a lot Constitutional Law stuff like the cases dealing with Guantanamo, free speech for class, and religion clauses for a paper.
I have an ALCU meeting, which is the second to last. I speak to some random people about the Politics classes and there’s just some food next time, that’s about it. Hopefully I’ll become better involved next semester.
I find out that I get into the NYU Law Shadowing program. I get to speak to a NYU Law (Top 5 law school in the country) student and attend one of his classes. It’s an amazing opportunity.
November 21, 2008
So it turns out that the first year Con. Law class that I get to go too is pretty cool. I spent hours before it reading Roe and Griswold. The professor is a great lecturer. Doesn’t stumble when speaking, prepared, and quick. I don’t know if that’s a good thing, but I like fast speakers.
The class actually turns out to be a lot like my Civil Liberties class. She gives a lecture on the thinking of the Court when deciding the case and allows people to give their opinions. From their opinions and how many people are taking notes/paying attention, it seems that I would really hold my own if I was in that class. Then again, I can’t really dig on them because they got into the school, something that I will not be doing…
Anyway speaking about that, I’ve had a great fire this semester of reading cases along with what my class asks for. Here’s some stuff that I’ve just spent hours and hours reading. And listening through podcasts.
Free Exercise Clause
Establishment Clause
Eminent Domain
Free Speech
Incorporation
Administrative law, Chevron deference, legislative veto
Lochner era, striking down of it
Substantive due process, Roe, Griswold, Carhart
Gitmo cases, Boumedeine, Rasul, Hamdi, Hamdan (watching ALCU movie)
Campain Reform/Spending
4th Amendment, exclusionary rule
Judicial jurisprudence
Evan said earlier that we should be doing stuff tonight. Lets see if that happens.
We end up going to the bar near us. We know the bartender and he makes up a deal of two Miller High Life for $5. I take that while Evan goes four gin and tonics deep. We then take a cab to Still, a popular NYU place. The place is poppin’ and loaded with people.
I get another beer since I’m taking it not too harshly. However, Evan gets two gin and tonics. I try to get him to work the shit and he actually shmoozes it up a bit with a really cute asian girl. However, he doesn’t follow it up and he loses her to another guy. I try to get him to wing with me otherwise, but that doesn’t work out since he ends up superdrunk. We go to Karthik’s place, stand around for a bit, he’s drunk, we leave, we get food, take a cab back, and end of night.
Although the game wasn’t thrown down hard, we were out and Evan finally got drunk. A great night in context.
I go with Evan to grab some food. We go to the big liquor store near NYU where he gets me two handles because they’re so cheap. I get one that’s cherry Georgi, which turns out to be disgusting.
I find out that Evan’s busy and doesn’t want to go to the bar party and we’re invited too. Derrick, who was Gianfranco’s friend that visited Prague, is having a shindig. I was invited through Facebook. I’m gonna be seeing lots of people that I haven’t seen in a while like Gianfranco.
I get there past 12:00, the thing starts at 11:00. There’s a lot of drifting around for me. I say Hi to a lot of people, but it’s mostly short convos and awkwardly floating around. Gianfranco eventually comes and I take a shot with him. Someone else buys me a shot and I buy two beers through the night. By the end of the night, I’m pretty shitfaced.
In the end, it’s really great seeing people again, but I don’t feel I established links well enough, so I’m not really optimistic that I might be seeing these people again or hanging out with them. It’s quite a hit to be seeing all the people from Prague.
I end up leaving by 2:20 and get KFC on the walk back. Hopefully tomorrow is fun.
November 17, 2008
It was a slow weekend since no one was around. Didn’t really do anything, though a lot of time on Stickam speaking to Nikki, who again I’ve been speaking to more than anyone else I know.
At least I’ve been reading about of a lot Constitutional Law stuff like the cases dealing with Guantanamo, free speech for class, and religion clauses for a paper.
I have an ALCU meeting, which is the second to last. I speak to some random people about the Politics classes and there’s just some food next time, that’s about it. Hopefully I’ll become better involved next semester.
I find out that I get into the NYU Law Shadowing program. I get to speak to a NYU Law (Top 5 law school in the country) student and attend one of his classes. It’s an amazing opportunity.
November 21, 2008
So it turns out that the first year Con. Law class that I get to go too is pretty cool. I spent hours before it reading Roe and Griswold. The professor is a great lecturer. Doesn’t stumble when speaking, prepared, and quick. I don’t know if that’s a good thing, but I like fast speakers.
The class actually turns out to be a lot like my Civil Liberties class. She gives a lecture on the thinking of the Court when deciding the case and allows people to give their opinions. From their opinions and how many people are taking notes/paying attention, it seems that I would really hold my own if I was in that class. Then again, I can’t really dig on them because they got into the school, something that I will not be doing…
Anyway speaking about that, I’ve had a great fire this semester of reading cases along with what my class asks for. Here’s some stuff that I’ve just spent hours and hours reading. And listening through podcasts.
Free Exercise Clause
Establishment Clause
Eminent Domain
Free Speech
Incorporation
Administrative law, Chevron deference, legislative veto
Lochner era, striking down of it
Substantive due process, Roe, Griswold, Carhart
Gitmo cases, Boumedeine, Rasul, Hamdi, Hamdan (watching ALCU movie)
Campain Reform/Spending
4th Amendment, exclusionary rule
Judicial jurisprudence
Evan said earlier that we should be doing stuff tonight. Lets see if that happens.
We end up going to the bar near us. We know the bartender and he makes up a deal of two Miller High Life for $5. I take that while Evan goes four gin and tonics deep. We then take a cab to Still, a popular NYU place. The place is poppin’ and loaded with people.
I get another beer since I’m taking it not too harshly. However, Evan gets two gin and tonics. I try to get him to work the shit and he actually shmoozes it up a bit with a really cute asian girl. However, he doesn’t follow it up and he loses her to another guy. I try to get him to wing with me otherwise, but that doesn’t work out since he ends up superdrunk. We go to Karthik’s place, stand around for a bit, he’s drunk, we leave, we get food, take a cab back, and end of night.
Although the game wasn’t thrown down hard, we were out and Evan finally got drunk. A great night in context.
Thursday, 6 November 2008
Pickup Artist? SCOTUS?
November 2, 2008
I end up waking up and hanging on Stickam for a bit. Someone on Stickam I know is having a few drinks with her roommates, so I like, “What the fuck, lets have a few drinks too.” Notice, I haven’t eaten anything yet and I started the drank at 4:00ish.
I have a snack at 6:00ish and don’t eat anything real until 9:30. I speak to Corinne and Nikki for most of the night.
I watch three episodes of The Pickup Artist, which is an interesting reality show on VH1. It allows an expert pickup artist (picking up women), Mystery, and he finds a handful of geeky, socially inept guys in their 20s and teaches them to work it hard. Fuckin’ Mystery is a weird ass motherfucker. He needs to learn how to dress like a non-Goth, non-fag douche.
They start off really awkward, but they at least have the balls to try to make moves. They get a huge makeover and start getting lessons on shit.
False time constraint: Fake that you have to go somewhere like meeting up with friends, so that you put desire onto yourself.
Neg: A douchebag comment that is meant to make her feel she needs to qualify herself onto you.
IOI: Indicator of interest, showing interest.
Set: A group of 4 girls, a 4 set. Starting a set involves initiation and attempting to start conversation.
Fuckin’ just random vocab that this show has. A lot of it seems like common sense or over thought douchebaggery. However, it’s really rough watching some of the guys just shot down like horribly.
November 5, 2008
I don’t have class tomorrow until 6:20 because one of my classes is cancelled. I end up getting a 97 on my midterm on Administrative Law. A class that I hated, but I’ve gornw o to like it because it’s starting to move towards Supreme Court cases. I felt that the class was really disorganized, but I felt that I prepared well for the midterm and the class started making more sense.
Josh ends up coming past 8:00 to do stuff. We pregame at my place and then go out for food. We go to Crif Dogs, which is giving out free hotdogs and a drink because post-Election Day.
About that, you know I don’t like either candidate. Election Day was crazy and people were so loud and cars were honking all over. It felt like the end of WWII or something and the soldiers were coming back. Guess they saw it as the second coming of Christ… Sighs…
We then go to Bamn! and I get a bacon chesseburger against from the “vending” machine. It’s mighty good. It’s good hanging with Josh and getting some shitface going.
I’m drunk and bored, so end up spending 20 minutes reading the oral arguments over a case involving the FCC that is pending.
I also listen for over an hour of the oral arguments of Morse v. Frederick (Bong Hits 4 Jesus case). It’s weird that I’m spending so much time on this shit, but I guess it’s really good that I’ve found stuff on interest that I’m doing this, including reading about 8 cases a week for my Civil Liberties class.
November 6, 2008
I find out that I should have enough vodka for tonight, but I’m gonna have to reup on that shit tomorrow. I get my Civil Liberties midterm back. It get a fuckin’ B in my favorite class, probably one of my favorite classes I’ve ever taken. I feel that she grades the shit really rough, but whatever. I guess I’ll have to destroy the final and final paper, which I’m looking forward to.
I also apply to a cool program where if I get in, I get to shadow an NYU law student for a week and go to classes. I hope I get in, though they ask for a resume, and my shit is probably weak and ugly…
I end up waking up and hanging on Stickam for a bit. Someone on Stickam I know is having a few drinks with her roommates, so I like, “What the fuck, lets have a few drinks too.” Notice, I haven’t eaten anything yet and I started the drank at 4:00ish.
I have a snack at 6:00ish and don’t eat anything real until 9:30. I speak to Corinne and Nikki for most of the night.
I watch three episodes of The Pickup Artist, which is an interesting reality show on VH1. It allows an expert pickup artist (picking up women), Mystery, and he finds a handful of geeky, socially inept guys in their 20s and teaches them to work it hard. Fuckin’ Mystery is a weird ass motherfucker. He needs to learn how to dress like a non-Goth, non-fag douche.
They start off really awkward, but they at least have the balls to try to make moves. They get a huge makeover and start getting lessons on shit.
False time constraint: Fake that you have to go somewhere like meeting up with friends, so that you put desire onto yourself.
Neg: A douchebag comment that is meant to make her feel she needs to qualify herself onto you.
IOI: Indicator of interest, showing interest.
Set: A group of 4 girls, a 4 set. Starting a set involves initiation and attempting to start conversation.
Fuckin’ just random vocab that this show has. A lot of it seems like common sense or over thought douchebaggery. However, it’s really rough watching some of the guys just shot down like horribly.
November 5, 2008
I don’t have class tomorrow until 6:20 because one of my classes is cancelled. I end up getting a 97 on my midterm on Administrative Law. A class that I hated, but I’ve gornw o to like it because it’s starting to move towards Supreme Court cases. I felt that the class was really disorganized, but I felt that I prepared well for the midterm and the class started making more sense.
Josh ends up coming past 8:00 to do stuff. We pregame at my place and then go out for food. We go to Crif Dogs, which is giving out free hotdogs and a drink because post-Election Day.
About that, you know I don’t like either candidate. Election Day was crazy and people were so loud and cars were honking all over. It felt like the end of WWII or something and the soldiers were coming back. Guess they saw it as the second coming of Christ… Sighs…
We then go to Bamn! and I get a bacon chesseburger against from the “vending” machine. It’s mighty good. It’s good hanging with Josh and getting some shitface going.
I’m drunk and bored, so end up spending 20 minutes reading the oral arguments over a case involving the FCC that is pending.
I also listen for over an hour of the oral arguments of Morse v. Frederick (Bong Hits 4 Jesus case). It’s weird that I’m spending so much time on this shit, but I guess it’s really good that I’ve found stuff on interest that I’m doing this, including reading about 8 cases a week for my Civil Liberties class.
November 6, 2008
I find out that I should have enough vodka for tonight, but I’m gonna have to reup on that shit tomorrow. I get my Civil Liberties midterm back. It get a fuckin’ B in my favorite class, probably one of my favorite classes I’ve ever taken. I feel that she grades the shit really rough, but whatever. I guess I’ll have to destroy the final and final paper, which I’m looking forward to.
I also apply to a cool program where if I get in, I get to shadow an NYU law student for a week and go to classes. I hope I get in, though they ask for a resume, and my shit is probably weak and ugly…
Sunday, 2 November 2008
Halloween...
October 29, 2008
Stickam update:
Nikki, from Georgia, I met her at the beginning of the summer. She was off for the summer, but we’ve been speaking like everyday and texting this semester.
Corinne, from Boston, Wapanese girl. I knew her from the summer, but now we talk quite a bit.
Noki, another Wapanese too. She’s nice and we speak a lot too.
Evan and I go to Boris’ to watch South Park, which is alright. I smoke some blunt and bong there and get pretty high. On the walk back, grab a large Fries at McDonald’s. And yes, fucked up on a Wednesday night, that’s what we do.
October 30, 2008
Evan and I go to S’Mac for a 5:00 meal or something. It’s a place that only serves Mac N’ Cheese. We get the Cheeseburger one, which basically amazing Hamburger Helper with breadcrumbs baked on top. It’s really good. At night, Evan and I try to figure something to do. We end hanging out at his place and having Jameson. He doesn’t drink his, so I end up getting pretty lit. We listen to most of the Tracy Morgan interview from Howard Stern. Listen to it, greatest interviewee ever.
October 31, 2008
Halloween! Not planning to dress up, there are loads of parties. Evan and I are going to break it down and see what happens.
Turns out our big plans of going to this party at a bar are next week, so that ends up not working. Evan also finds out that some of the plans force costumes in order to show up, what BS. Evan shows up at my place with food because his roommate is using the room. My room is a fuckin’ disgusting mess and we speak to Bolanos on iChat while he’s waiting. Evan goes back to shower and Josh heads over to the city.
I head over to Evan’s past 10:30. After a quick drink, we go upstairs for Josh and Evan to smoke of the vape. There’s no problem that they’re smoking, but it ends up taking an hour before we move out to a party that Evan knows about. By then it’s heading towards 12:00. It’s a close walk, but we end up getting there and it’s pretty crowded. None of us are dressed up, which is “odd” in the Village, but fuck it. Some hot chick walks by Evan, while we’re heading up the stairs of the apartment and compliments his shirt, more reason for us to stay for the party. It’s pretty crowded, but after going up a couple flight of stairs and seeing lots of people, Evan and Josh decide that we must leave. If anything, there’s more of a reason to stay because it’s fuckin lots of people and at least see what it’s like, but nope and we leave.
Instead, we go to Tuck Shop. I end up getting a Shrimp Pie, which is probably their best pie (chunks of shrimp, baby portabella, red pepper flakes, and chives, don’t ask how I know all that). I suggest that it’s fuckin’ Halloween and we have to do something. You should’ve seen the pus (vagine) walking around. It’s warm and allows them bitches to dress they way they do.
Josh is worried about time because it’s 12:30 by now. Before 12:00 when we were heading to the party, it turned out that CNF is in the city with “friends” and was heading to a bar. I told him that we were heading the party and that we will call him back if it doesn’t work out. He’s also like 4 blocks away from us in the city, which is so fuckin’ close.
Did we know he was in the city and coordinate any plans with us earlier? You can guess the competency…
We call him and he doesn’t pick up. Josh left stuff at Evan’s place, so we go back there to pick it up. I push for doing something, but we don’t. Josh wants to get back at some time. I tell Evan that we can go out, but after sitting around, I could tell nothing is fuckin’ happening so I drink loads of Jameson.
I end up leaving Evan’s place before 2:00. I go back and realize I’m starving. I want to eat, so I end up walking deeper into the Village. I go to a place called Bamn! It’s really interesting.
http://farm1.static.flickr.com/104/285061536_5c57c07a5c.jpg?v=0
I walk in, ask for change from my $5 bill. Then go to the change machine, like an arcade, to get quarters and dollar coins. It’s Halloween and the place is packed so there’s only really a bacon cheeseburger for $2.75. It’s darn good and a pretty good deal at city prices.
I’m still hungry so I walk over to Crif Dogs. I get the bacon wrapped hot dog with fried egg and cheese. It’s a 30 minute wait, it’s over $5 for the dog, though I get some free candy out of it. It’s not an amazing deal, but still mighty good. I end up going back eventually and going to sleep by 5:00ish.
November 1, 2008
At night, I try to speak to Evan, but he’s in the library and decides he doesn’t want to do stuff for the night. He says that he probably was a burn out last night because he was high and that’s why we left the “party,” even though we didn’t even go there in the first place.
I find out from CNF at 10:30 that Josh, Jonah, Tom, and other people are over at his place. I shower and then realize it’s 10:50ish and it’ll probably take over 30 minutes to get there. Then, I don’t know when Josh and Jonah will be leaving. CNF says they want to leave early, so I won’t be for much, maybe a couple hours at most. I end up deciding not to go.
CNF throws in that he’s drunk, drinking Jack and Coke, and having fun. What a nice stab. Great that they were in the city seeing and movie and didn’t mind to say they were heading over to CNF’s.
I have some drank’s myself and want to eat. I decide to go get food by 2:00ish. I go to the Punjabi Grocery Market that’s three blocks from me. It’s really amazing stuff.
For $5, you get more food than Halal cart. You get a boat load of Basmati rice with your pick of three sides. Actually, it’s enough for two full meals. It’s vegetarian, but as I meat lover, I’m still fine with it. It has all the “meaty” vegetables like eggplant, potatoes, and peas. One of them is eggplant “mix” and the other one is curry with potatoes. I’m not sure what the other side is. There are six sides to choose from, but you can’t really tell what they are.
An uneventful weekend, what am I gonna say.
Stickam update:
Nikki, from Georgia, I met her at the beginning of the summer. She was off for the summer, but we’ve been speaking like everyday and texting this semester.
Corinne, from Boston, Wapanese girl. I knew her from the summer, but now we talk quite a bit.
Noki, another Wapanese too. She’s nice and we speak a lot too.
Evan and I go to Boris’ to watch South Park, which is alright. I smoke some blunt and bong there and get pretty high. On the walk back, grab a large Fries at McDonald’s. And yes, fucked up on a Wednesday night, that’s what we do.
October 30, 2008
Evan and I go to S’Mac for a 5:00 meal or something. It’s a place that only serves Mac N’ Cheese. We get the Cheeseburger one, which basically amazing Hamburger Helper with breadcrumbs baked on top. It’s really good. At night, Evan and I try to figure something to do. We end hanging out at his place and having Jameson. He doesn’t drink his, so I end up getting pretty lit. We listen to most of the Tracy Morgan interview from Howard Stern. Listen to it, greatest interviewee ever.
October 31, 2008
Halloween! Not planning to dress up, there are loads of parties. Evan and I are going to break it down and see what happens.
Turns out our big plans of going to this party at a bar are next week, so that ends up not working. Evan also finds out that some of the plans force costumes in order to show up, what BS. Evan shows up at my place with food because his roommate is using the room. My room is a fuckin’ disgusting mess and we speak to Bolanos on iChat while he’s waiting. Evan goes back to shower and Josh heads over to the city.
I head over to Evan’s past 10:30. After a quick drink, we go upstairs for Josh and Evan to smoke of the vape. There’s no problem that they’re smoking, but it ends up taking an hour before we move out to a party that Evan knows about. By then it’s heading towards 12:00. It’s a close walk, but we end up getting there and it’s pretty crowded. None of us are dressed up, which is “odd” in the Village, but fuck it. Some hot chick walks by Evan, while we’re heading up the stairs of the apartment and compliments his shirt, more reason for us to stay for the party. It’s pretty crowded, but after going up a couple flight of stairs and seeing lots of people, Evan and Josh decide that we must leave. If anything, there’s more of a reason to stay because it’s fuckin lots of people and at least see what it’s like, but nope and we leave.
Instead, we go to Tuck Shop. I end up getting a Shrimp Pie, which is probably their best pie (chunks of shrimp, baby portabella, red pepper flakes, and chives, don’t ask how I know all that). I suggest that it’s fuckin’ Halloween and we have to do something. You should’ve seen the pus (vagine) walking around. It’s warm and allows them bitches to dress they way they do.
Josh is worried about time because it’s 12:30 by now. Before 12:00 when we were heading to the party, it turned out that CNF is in the city with “friends” and was heading to a bar. I told him that we were heading the party and that we will call him back if it doesn’t work out. He’s also like 4 blocks away from us in the city, which is so fuckin’ close.
Did we know he was in the city and coordinate any plans with us earlier? You can guess the competency…
We call him and he doesn’t pick up. Josh left stuff at Evan’s place, so we go back there to pick it up. I push for doing something, but we don’t. Josh wants to get back at some time. I tell Evan that we can go out, but after sitting around, I could tell nothing is fuckin’ happening so I drink loads of Jameson.
I end up leaving Evan’s place before 2:00. I go back and realize I’m starving. I want to eat, so I end up walking deeper into the Village. I go to a place called Bamn! It’s really interesting.
http://farm1.static.flickr.com/104/285061536_5c57c07a5c.jpg?v=0
I walk in, ask for change from my $5 bill. Then go to the change machine, like an arcade, to get quarters and dollar coins. It’s Halloween and the place is packed so there’s only really a bacon cheeseburger for $2.75. It’s darn good and a pretty good deal at city prices.
I’m still hungry so I walk over to Crif Dogs. I get the bacon wrapped hot dog with fried egg and cheese. It’s a 30 minute wait, it’s over $5 for the dog, though I get some free candy out of it. It’s not an amazing deal, but still mighty good. I end up going back eventually and going to sleep by 5:00ish.
November 1, 2008
At night, I try to speak to Evan, but he’s in the library and decides he doesn’t want to do stuff for the night. He says that he probably was a burn out last night because he was high and that’s why we left the “party,” even though we didn’t even go there in the first place.
I find out from CNF at 10:30 that Josh, Jonah, Tom, and other people are over at his place. I shower and then realize it’s 10:50ish and it’ll probably take over 30 minutes to get there. Then, I don’t know when Josh and Jonah will be leaving. CNF says they want to leave early, so I won’t be for much, maybe a couple hours at most. I end up deciding not to go.
CNF throws in that he’s drunk, drinking Jack and Coke, and having fun. What a nice stab. Great that they were in the city seeing and movie and didn’t mind to say they were heading over to CNF’s.
I have some drank’s myself and want to eat. I decide to go get food by 2:00ish. I go to the Punjabi Grocery Market that’s three blocks from me. It’s really amazing stuff.
For $5, you get more food than Halal cart. You get a boat load of Basmati rice with your pick of three sides. Actually, it’s enough for two full meals. It’s vegetarian, but as I meat lover, I’m still fine with it. It has all the “meaty” vegetables like eggplant, potatoes, and peas. One of them is eggplant “mix” and the other one is curry with potatoes. I’m not sure what the other side is. There are six sides to choose from, but you can’t really tell what they are.
An uneventful weekend, what am I gonna say.
Sunday, 26 October 2008
Been A While
October 12, 2008
It turns out that Josh and Scott are hanging out at Evan’s dorm. I walk over there past 10:00ish with my flask, which I’ve been working on before that. We hang out and watch some TV and stuff. Before 2:00, Josh and I leave and I walk with him a bit because I want to get Halal cart. I’m starving and grab some BBQ chips and eat half of it before I find a cart. I get a chicken over rice. I’m starving and eat that on the walk back.
I’m super shitfaced when I get back and throw sour cream and hot sauce into my cart food. Then I also grab the salad that I made for when I’d get back. I go for the itis because I’m drunk. I realize that I need to do something with my half bag of chips, so I throw it in my salad because my train of thought tells me that it’s like croutons. What people do when under the influence… Then again, it didn’t taste too bad.
October 13, 2008
I thought that I have class on Tuesday because I’m silly. It’s a huge relief when I find out that I don’t. Evan wants to hang for a bit, so I go to his dorm and we just hang there for a while. I end up drankin’ more and Stickaming for the night. It’s been quite a marathon to be going on this since Wednesday.
October 16 and on Weekend
Didn’t do much this weekend though Friday’s weird because people hang out at Josh’s, but I don’t find out until 11:30. With at least 30 minutes to get there and people probably ending the night before 2:00, I decide not to go.
For the week though, it’s super rough because I have midterms on Tues/Wed/Thurs. It’s a harsh week doing all that, but I get through it.
October 23, 2008
I think I’m being a smarty pants in my Civil Liberties and bring up all these extra cases and outside information, which could detract from my grade, but I’m not sure.
Evan and I end up going to the liquor store and grab a bottle of Jameson that we’re supposed to work on later tonight. I end up doing that with him until he has a “visitor” that has to end the night for him. I go back, drink a bit more, grab some pizza at some random place really late because I’m too drunk, and then pass out for class tomorrow.
October 24, 2008
I start dranking by 8-9:00. I end up going with Evan to San Loco at 11:00ish. We then go over to the bar near us because people are probably there. They are. Evan leaves pretty quickly because he has other plans and see what will happen to them. He’s expected back at the bar, but he doesn’t end up coming back. I talk most of the time with Kate, who I think I’ve met, but I’m not sure. They’re taking shots, so I also get a Jack for $4. Then I decide to take a house whiskey shot myself for $3. Then the bartender we know makes an extra shot for me when other people order, gratis!
The group decides to leave and I get invited to hang out with them back at the dorm. Boris and Karthik roll a joint and I get fucked on that. Kate and Boris leave. There’s a deal going down or something and I’m too fucked up so I leave.
I see that there’s a McDonald’s. It’s so rough standing on line, while I’m wobbling in place. When you’re so fucked up that standing up, you still sway like a boat in rough waters. I get a #2 and eat both cheeseburgers on the walk back along with half the fries. The Diet Coke is also a savior because my throat is SOO dry from drinking and smoking weed and cigs. It’s fuckin messed up how dry shit is. I’m so fucked up that I get back, finish my fries, and pass out by 4:00ish. I would usually stay up, but I can’t.
October 25, 2008
I try to figure plans for the night, Josh, Tom and CNF go to a movie. I don’t wanna go, but am willing to hang for the night. I end up finding out late that they’re hanging and sorta wanna stay in the city. Evan has plans for the night and Karthik isn’t hanging out. After some drinks, I speak to Miah and Spamps. I then get Pommes Frites, a French fry place that’s only a few blocks away.
I get curry sauce, Pesto mayo, and a mayo/peanut satay/raw onions. I love fries and I love sauces, so it’s good.
October 26, 2008
I sit around on Stickam for the most of the day. There’s nothing much to the do for the night so I have a couple drinks at 8:00ish, which is early, so that’s fine. I only have one class and that’s at 11:00, I’m safe. I decide to continue the foodiness and walk over to the West Village. On the way, I call Atron, who tries to give me a BS intervention. He’s also speaking Danielle, who I guess has been speaking to him a lot.
I find Bleecker Street Pizza and get the two slices suggest by NYCFoodGuy.com
Go check his site, it’s amazing. I get the Nona Maria (like a margarita slice) and Grandma slice.
The Nona Maria is very good, but there’s too much cornstarch and hard crust feeling to it. On the other hand, the Grandma is the best I’ve ever had. Light crust, garlic, perfect amount of sauce. Just amazing. $3.00 a slice, gorge yourself on Grandma.
After finishing that, I realize that Five Guys is right across the street. As the idiot I am because I haven’t eaten since 3:00 PM and it’s almost 12:00 now, I go to Five Guys.
I had a small burger with grilled onions, mayo, and BBQ. I would’ve gotten the grilled mushrooms and other toppings, but they didn’t have. The grilled onions are amazing and I like the sesame bun. It’s weird, but I’m comparing the place to Joe’s Best Burger in Flushing. The patty was mighty weak, weirdly shaped and small. Joe’s is better and this place is a bit overpriced with their burger.
The fries were really good. A nice balance between crispyness and thick potatoeyness. The fries are a really good deal, big portion for the price.
I’m a sucha mess because I finish the burger on the walk back. Then I have the fries. I guess I ate so fast that I didn’t realize what I did to myself. It isn’t even an itis where I would just pass out. It’s fuckin full blown pain from eating so much. What a douchebag I am. I end up passing out despite the pain.
It turns out that Josh and Scott are hanging out at Evan’s dorm. I walk over there past 10:00ish with my flask, which I’ve been working on before that. We hang out and watch some TV and stuff. Before 2:00, Josh and I leave and I walk with him a bit because I want to get Halal cart. I’m starving and grab some BBQ chips and eat half of it before I find a cart. I get a chicken over rice. I’m starving and eat that on the walk back.
I’m super shitfaced when I get back and throw sour cream and hot sauce into my cart food. Then I also grab the salad that I made for when I’d get back. I go for the itis because I’m drunk. I realize that I need to do something with my half bag of chips, so I throw it in my salad because my train of thought tells me that it’s like croutons. What people do when under the influence… Then again, it didn’t taste too bad.
October 13, 2008
I thought that I have class on Tuesday because I’m silly. It’s a huge relief when I find out that I don’t. Evan wants to hang for a bit, so I go to his dorm and we just hang there for a while. I end up drankin’ more and Stickaming for the night. It’s been quite a marathon to be going on this since Wednesday.
October 16 and on Weekend
Didn’t do much this weekend though Friday’s weird because people hang out at Josh’s, but I don’t find out until 11:30. With at least 30 minutes to get there and people probably ending the night before 2:00, I decide not to go.
For the week though, it’s super rough because I have midterms on Tues/Wed/Thurs. It’s a harsh week doing all that, but I get through it.
October 23, 2008
I think I’m being a smarty pants in my Civil Liberties and bring up all these extra cases and outside information, which could detract from my grade, but I’m not sure.
Evan and I end up going to the liquor store and grab a bottle of Jameson that we’re supposed to work on later tonight. I end up doing that with him until he has a “visitor” that has to end the night for him. I go back, drink a bit more, grab some pizza at some random place really late because I’m too drunk, and then pass out for class tomorrow.
October 24, 2008
I start dranking by 8-9:00. I end up going with Evan to San Loco at 11:00ish. We then go over to the bar near us because people are probably there. They are. Evan leaves pretty quickly because he has other plans and see what will happen to them. He’s expected back at the bar, but he doesn’t end up coming back. I talk most of the time with Kate, who I think I’ve met, but I’m not sure. They’re taking shots, so I also get a Jack for $4. Then I decide to take a house whiskey shot myself for $3. Then the bartender we know makes an extra shot for me when other people order, gratis!
The group decides to leave and I get invited to hang out with them back at the dorm. Boris and Karthik roll a joint and I get fucked on that. Kate and Boris leave. There’s a deal going down or something and I’m too fucked up so I leave.
I see that there’s a McDonald’s. It’s so rough standing on line, while I’m wobbling in place. When you’re so fucked up that standing up, you still sway like a boat in rough waters. I get a #2 and eat both cheeseburgers on the walk back along with half the fries. The Diet Coke is also a savior because my throat is SOO dry from drinking and smoking weed and cigs. It’s fuckin messed up how dry shit is. I’m so fucked up that I get back, finish my fries, and pass out by 4:00ish. I would usually stay up, but I can’t.
October 25, 2008
I try to figure plans for the night, Josh, Tom and CNF go to a movie. I don’t wanna go, but am willing to hang for the night. I end up finding out late that they’re hanging and sorta wanna stay in the city. Evan has plans for the night and Karthik isn’t hanging out. After some drinks, I speak to Miah and Spamps. I then get Pommes Frites, a French fry place that’s only a few blocks away.
I get curry sauce, Pesto mayo, and a mayo/peanut satay/raw onions. I love fries and I love sauces, so it’s good.
October 26, 2008
I sit around on Stickam for the most of the day. There’s nothing much to the do for the night so I have a couple drinks at 8:00ish, which is early, so that’s fine. I only have one class and that’s at 11:00, I’m safe. I decide to continue the foodiness and walk over to the West Village. On the way, I call Atron, who tries to give me a BS intervention. He’s also speaking Danielle, who I guess has been speaking to him a lot.
I find Bleecker Street Pizza and get the two slices suggest by NYCFoodGuy.com
Go check his site, it’s amazing. I get the Nona Maria (like a margarita slice) and Grandma slice.
The Nona Maria is very good, but there’s too much cornstarch and hard crust feeling to it. On the other hand, the Grandma is the best I’ve ever had. Light crust, garlic, perfect amount of sauce. Just amazing. $3.00 a slice, gorge yourself on Grandma.
After finishing that, I realize that Five Guys is right across the street. As the idiot I am because I haven’t eaten since 3:00 PM and it’s almost 12:00 now, I go to Five Guys.
I had a small burger with grilled onions, mayo, and BBQ. I would’ve gotten the grilled mushrooms and other toppings, but they didn’t have. The grilled onions are amazing and I like the sesame bun. It’s weird, but I’m comparing the place to Joe’s Best Burger in Flushing. The patty was mighty weak, weirdly shaped and small. Joe’s is better and this place is a bit overpriced with their burger.
The fries were really good. A nice balance between crispyness and thick potatoeyness. The fries are a really good deal, big portion for the price.
I’m a sucha mess because I finish the burger on the walk back. Then I have the fries. I guess I ate so fast that I didn’t realize what I did to myself. It isn’t even an itis where I would just pass out. It’s fuckin full blown pain from eating so much. What a douchebag I am. I end up passing out despite the pain.
Sunday, 12 October 2008
Slow Weekend
October 9, 2008
I start a drank rockin at 9:00ish. It turns out that Evan’s with Brian and I meet up with that past 12:00ish or something. He finds out that people are supposed to go to this bar, but he has to donate blood tomorrow morning so we end up going back home.
October 10, 2008
After my class, I need to go on a cig re-up at Duane Reade. I check three places and they’re all out of the Buy 2 Get 1 Parliament deal. So I get a pack of Parliaments and see that Marlboro’s are $3 off. Shit’s expensive in the city with packs at like almost $9. The Marlboro is $4.50! Jeez! And it turns out that it’s menthol… I can’t imagine how black people smoke them, but they taste like minty rectum.
I again get the drank on at night. Evan’s home for the day so I’m not sure what I’m doing tonight. I call Karthik and text Boris, but Karthik says he’ll call me back and doesn’t. I end up deciding to go the bar near me. I’m not sure why I go there myself and I realize that I can’t just walk up to random people and have a conversation with them. Just from my point of view, if I was hanging out with friends, it would be strange and off setting for a stranger to walk up and just start a random conversation.
I end up getting a beer there and stealing their glass. Fuck them. $5 beer is a ripoff and I fuckin’ need a glass and I’m also a klepto.
October 11, 2008
Turns out at night that people are going to Josh’s. Evan was there, but comes back to the city to grab his medication. Him and I head there before 11:00. Scott, CNF, Tom, his friend, and Josh are present.
I have my flask and work on that. We end up going to his roof, which has an amazing view. There’s also a TI, Rihanna, Fat Joe concert rocking. It’s down by the docks and we’re really high (27 stories), but we can still hear the music. That’s sooo cool!
We end up going back in to watch half an episode of Always Sunny, which is one of the best shows on TV. An amazing comedy, please watch it.
CNF and I end up walking back at 1:00ish. I go to the subway stop and he goes home. I get lost about where the subway station is. Instead, I go to the one that is another option and it takes forever to get back. I eventually take the train and I’m really stupid and walk the opposite direction for some reason. I get lost and ask Spamps for some help, catch up with him, and get back home.
I start a drank rockin at 9:00ish. It turns out that Evan’s with Brian and I meet up with that past 12:00ish or something. He finds out that people are supposed to go to this bar, but he has to donate blood tomorrow morning so we end up going back home.
October 10, 2008
After my class, I need to go on a cig re-up at Duane Reade. I check three places and they’re all out of the Buy 2 Get 1 Parliament deal. So I get a pack of Parliaments and see that Marlboro’s are $3 off. Shit’s expensive in the city with packs at like almost $9. The Marlboro is $4.50! Jeez! And it turns out that it’s menthol… I can’t imagine how black people smoke them, but they taste like minty rectum.
I again get the drank on at night. Evan’s home for the day so I’m not sure what I’m doing tonight. I call Karthik and text Boris, but Karthik says he’ll call me back and doesn’t. I end up deciding to go the bar near me. I’m not sure why I go there myself and I realize that I can’t just walk up to random people and have a conversation with them. Just from my point of view, if I was hanging out with friends, it would be strange and off setting for a stranger to walk up and just start a random conversation.
I end up getting a beer there and stealing their glass. Fuck them. $5 beer is a ripoff and I fuckin’ need a glass and I’m also a klepto.
October 11, 2008
Turns out at night that people are going to Josh’s. Evan was there, but comes back to the city to grab his medication. Him and I head there before 11:00. Scott, CNF, Tom, his friend, and Josh are present.
I have my flask and work on that. We end up going to his roof, which has an amazing view. There’s also a TI, Rihanna, Fat Joe concert rocking. It’s down by the docks and we’re really high (27 stories), but we can still hear the music. That’s sooo cool!
We end up going back in to watch half an episode of Always Sunny, which is one of the best shows on TV. An amazing comedy, please watch it.
CNF and I end up walking back at 1:00ish. I go to the subway stop and he goes home. I get lost about where the subway station is. Instead, I go to the one that is another option and it takes forever to get back. I eventually take the train and I’m really stupid and walk the opposite direction for some reason. I get lost and ask Spamps for some help, catch up with him, and get back home.
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