Saturday, July 11, 2026

 




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How is the Metro Council Addresssing Data Centers

by Rod Williams, July 11, 2026- The following is from the newsletter of Councilman Jeff Preptit, Metro Council District 25:

Legislative Update

BL2026-1391

This past week, Council considered and passed a number of bills aimed at addressing data centers in Nashville. Currently in Nashville, our zoning code is completely silent on, and does not address where data centers can be placed. Under our current code, a data center could be place on any parcel that is zoned for a commercial use. BL2026-1391, which I have co-sponsored, addresses this deficiency by placing strict regulations and conditions on where a data center could be place in Davidson County. In particular, this bill prohibits hyperscale data centers that are 500,000 square feet or more. If an entity wanted to build a hyperscale data center, under these regulations, they would be required to apply for a special exemption by the Board of Zoning Appeals, have a public hearing on the matter, and be subject to strict environmental and energy regulations. Additionally, the legislation places restrictions on small and medium scale data centers.

A small data center is defined as a data center of 20,0000 square feet in size or less and/or with a maximum utilization capacity of 5MW of electricity and which does not utilize a dedicated power substation. Under the bill currently, “No data center shall be permitted in a location that is less than 100 feet from a residential use, day care home, daycare center, religious institution, community education use, park, zoo, correctional facility, or other data center. Distance shall be measured in a straight line from the closest point of a parcel line of the parcel for which the data center is sought to the closest point of the parcel line of the parcel on which the identified uses are located.

The bill also defines a medium data center as “a data center larger than 20,000 but not to exceed 100,000 square feet in size and/or with a maximum utilization capacity greater than 20MW but not exceeding 100MW of electricity and which utilizes a dedicated power substation.”

Under this bill, “No medium data center shall be permitted in a location that is less than 500 feet from a residential use, day care home, daycare center, religious institution, community education use, park, zoo, correctional facility, or other data center or less than 2,640 feet from the centerline of a Choose How You Move (CHYM) All-Access Corridor. Distance shall be measured in a straight line from the closest point of a parcel line of the parcel for which the data center is sought to the closest point of the parcel line of the parcel on which the identified uses are located or from the closest point of a parcel line of the parcel for which the data center is sought to the centerline of identified corridors.”

BL-1391 also requires that any data center operating in Davidson County must utilize a “closed loop” cooling system that prevents the discharge of harmful chemicals and heavy metals into our water system. I am also working closely with Metro Water Services to undertake an examination of our current clean water regulations with the goal of closing loopholes across industries to ensure that no data center or any other industrial business is able to harm our vital natural resources.

BL-1391 will be before Council for its third and final reading at the next Council meeting. As a Title 17 bill, 1391 will be amendable on third reading, and I anticipate there will be a number of amendments brought forward to strengthen this bill.


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Blood and Soil is Not the Basis of What Makes One an American

 


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Trump Names Singer John Rich, of Duo "Big and Rich", USDA Special Envoy for US Landowners

by Rod Williams, June 11, 2026 - President Trump has named Nashville Country singer John Rich of the duo Big and Rich, special envoy for US landowners.   Below is the complete press release: I have highlighted the section that describes his duties.

As Special Envoy, Rich will serve as a leading advocate for America’s farmers, ranchers, and private landowners, helping ensure their concerns are heard and their rights are protected. He will engage directly with landowners across the country and work to address challenges posed by government overreach, activist pressure campaigns, and outside interests that threaten private property rights and the long-term viability of rural communities.

A key focus of Rich’s work will be advocating for landowners facing pressure related to large-scale solar and wind development that may impact productive farmland, ranchland, and rural livelihoods. He will work closely with USDA leadership and stakeholders to ensure landowners have a strong voice in decisions affecting their property and communities.

“America’s farmers, ranchers, and landowners are among the greatest stewards of our nation’s resources and the backbone of our rural communities,” said Secretary Rollins. “President Trump understands that private property rights are fundamental to the American way of life. John Rich has long been a champion for rural America, and I look forward to working alongside him as we continue fighting for the people who feed, fuel, and clothe our nation.”

“President Trump has afforded me the great honor of serving as Special Envoy for American Landowners,” said Special Envoy Rich. “I look forward to representing and advocating for landowners’ rights and standing up for the farmers, ranchers, and rural families who work every day to provide for our country. Protecting private property rights and ensuring that landowners are not harassed, intimidated, or pressured by outside interests will be at the heart of this mission.”

The appointment reflects President Trump’s ongoing commitment to ensuring that America’s farmers, ranchers, foresters, and landowners have a strong voice in Washington and a federal government that supports, rather than hinders, their success.

I am not sure if John Rich will get paid for his role as Special Envoy for landowners or not. I have searched but cannot find an answer.  I would assume he would not, but who knows. Will he be paid for travel expenses? I would assume so, but don't know. I also wonder it he will have staff? Is this the birth of a new bureaucracy?  It seems to be an unnecessary position, but if it is just an honorary title and doesn't cost taxpayers anything, then I guess there's no harm done. 

This sort of reminds me of when Elvis Presley was made a Special Honorary Agent of the Federal Bureau of Narcotics and Dangerous Drugs and got a badge. 


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Friday, July 10, 2026

Tennessee Attorney General Skrmetti Pushes Federal Government to Crack Down on Illegal Robocalls

by Rod Williams, July 10, 2026 -Tennessee Attorney General Jonathan Skrmetti yesterday joined a bipartisan coalition of 49 attorneys general in urging the Federal Communications Commission (FCC) to adopt stronger safeguards that would make it harder for scammers to obtain legitimate telephone numbers and use them to target consumers.

I approve. I routinely get phone calls and text messages informing me of the "Social Security grocery allowance.' I usually hang up before they can make their pitch. The number is a 615 area code. I will block the number and then the next day, I will get another call, again from a 615 area code, but a different number. It is annoying and frustrating. I have reached the point to where I almost never answer a call from an unknown number. I could be missing legitimate calls.

There is no official “Social Security grocery allowance” issued by the Social Security Administration. The benefit they try to tell me about is usually a $900 or $2,700 annual food allowance. Sometimes, I will play along and let the caller waste his time and ask question if I am in a good mood and have nothing else to do.  This is not a Social Security program. Instead, it’s a supplemental benefit offered by some Medicare Advantage Part C insurance plans.

Another call I sometimes get is from someone asking me if I still have back pain. Since I am old, I guess they assume a lot of old people have back pain. I don't. I think this is a Medicare scam. If I stay on the line, they will transfer me to a doctor to diagnose me over the phone. I never let the call go that long, but I have learned I am entitled to a back brace, and they will send it to me at no cost. These calls are almost always from someone with a lilting Indian accent. 

I hope the coalition of attorneys general can succeed in stopping these scam calls. The coalition filed comments supporting proposed FCC rules that would help prevent criminals from exploiting legitimate phone numbers to carry out robocall and text message scams. 

"Scammers are constantly changing tactics to stay one step ahead, and we have to be just as relentless in protecting consumers," said Attorney General Jonathan Skrmetti. "Cracking down on illegal spoofing made a real difference, but now bad actors are exploiting legitimate phone numbers to gain consumers' trust. These commonsense reforms will make it harder for scammers to operate and easier for law enforcement to track them down and hold them accountable."

In a press release, Skrmetti said Americans received an estimated 29.6 billion scam robocalls and text messages last year and lost nearly $2 billion to these schemes.

To better protect consumers, the bipartisan coalition is urging the FCC to:

  • Require companies that purchase and resell North American phone numbers to meet stronger certification standards and disclose how and to whom numbers are assigned.

  • Require regular reporting on the sale and use of phone numbers so law enforcement can trace illegal robocalls to their source and hold companies throughout the call chain accountable.

  • Require applicants seeking access to phone numbers to certify they will not use them to facilitate illegal robocalls.

  • Prevent the sale of phone numbers to entities that are not connected to a legitimate calling or texting service.

  • Prohibit "number cycling," the practice of rapidly rotating through large blocks of phone numbers to evade spam detection tools.

  • Restrict the availability of trial phone numbers that scammers can exploit to carry out fraudulent schemes.



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Thursday, July 09, 2026

Senator Marsha Blackburn and Representative Andy Ogles Offer Different Approaches for Addressing Birth Tourism

Senator Marsha Blackburn
by Rod Williams, July 9, 2026 -  Following the Supreme Court's ruling upholding birthright citizenship, there has been a lot of talk of somehow overturning it. Of course, as everyone knows, legislation cannot amend the Constitution and the Constitution is hard to amend, as it should be. To propose a Constitutional amendment requires a joint resolution of Congress, getting the approval of two-thirds of both the House of Representatives and the Senate. Then the proposed amendment must be ratified by three-fourths of the states, which is 38 of the states. That is not going to happen in order to overturn birthright citizenship.

The other way to amend the Constitution is by a Constitutional Convention. If two-thirds of state legislatures formally request it, Congress must call a convention to propose amendments. This method has never been used. It is not going to happen to overturn birthright citizenship.

That the Constitution is difficult to amend does not mean Congress is powerless to address the perceived problems with birthright citizenship. One of the greatest concerns about birthright citizenship is "birth tourism," in which expectant mothers travel on tourist visas during the later stages of pregnancy to give birth on American soil. Upon birth, the child receives a birth certificate and citizenship. 

Representative Andy Ogles
The Center for Immigration Studies (CIS) has estimated 20,000 to 26,000 births per year may result from birth tourism. Other estimates put the number lower. Even at the high number, that is less than 1% of annual births, but that is a lot of people. I am among those who find this concerning. The practice is concentrated among wealthy nationals from China, Russia, and a few from other countries. A whole industry has built up around facilitating this desire to give birth in America with trip planning and birthing centers.

It is not hard to imagine children born in the US and raised in China, being sent back to the US for nefarious purposes when they become adults.  Nor is it hard to imagine Russian oligarchs desiring to have a child with American citizenship to help facilitate expanding their business holdings in America.  I favor legislation to curtail the practice of birth tourism. 

Both Representative Andy Ogles and Senator Marsha Blackburn have introduced legislation to address the issue, but are taking different approaches. Congressman Ogles has introduced the "Anchors Away Act," which would amend the Immigration and Nationality Act's definition of who is subject to the jurisdiction of the United States for purposes of birthright citizenship. Under his proposal, a child born in the United States would automatically receive citizenship only if at least one parent is a U.S. citizen, a lawful permanent resident or an active-duty member of the U.S. armed forces. This act attempts to address the whole issue of birthright citizenship instead of focusing on birth tourism. This would almost certainly be struck down. It is as contrary to the 14th Amendment as was Donald Trump's executive order on birthright citizenship. I think even Trump loyalists would see this as a simple act of defiance and a waste of time. 

Sen. Blackburn's bill is focused simply on "birth tourism." The proposed legislation, titled the “Ban Birth Tourism Act,” would amend the Immigration and Nationality Act to prohibit foreign nationals from obtaining tourist visas for the primary purpose of giving birth in the United States. It would still allow individuals seeking legitimate medical care related to a problem with childbirth to visit the US for childbirth if U.S. citizenship for the child is not the primary purpose of their travel. 

While Ogles' proposal seeks to change how federal law defines eligibility for birthright citizenship, Blackburn's bill focuses on restricting the use of temporary visas by individuals traveling to the United States for the primary purpose of giving birth. Blackburn's bill makes sense and deserves careful consideration; Ogles bill needs to never see the light of day. 

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Tuesday, July 07, 2026

LAWSUIT: He Criticized ICE. So, the Feds Crashed His Vacation.


From Foundation for Individual Rights and Expression, July 7, 2027
- The freedom to criticize law enforcement without fear of punishment is an essential right in the United States. But officials at the Department of Homeland Security and Immigration and Customs Enforcement don't seem to understand this.

Just ask David Streever. Following ICE's January crackdown in Minnesota, Streever wrote an angry email to the then-head of ICE, condemning him and calling him a "monstrous human being."

The government's response? 

Showing up at Streever's front door with a "WARNING NOTICE" that explained, on official federal stationery from ICE and DHS, that "YOU MAY BE IN VIOLATION OF FEDERAL LAW" for sending his email to the ICE director.

Since Streever wasn't home at the time, agents went one step further and tracked him down at the hotel where he was staying during a trip with his 7-year-old daughter. A federal agent showed up at the front desk, leaving a hotel clerk a business card to give to Streever. Two agents also repeatedly called Streever's phone, leaving anonymous voicemails identifying themselves only as "Homeland Security Investigations."

This type of behavior sounds more like it belongs in an authoritarian police state than in the United States of America.

That's why FIRE just filed a federal lawsuit to challenge ICE's efforts to scare Streever and others into silence — and remind other government officials that such behavior is un-American, unconstitutional, and unacceptable in a free society.

Streever's criticism of ICE contained only fully protected speech, and nothing that could constitutionally justify ICE's "knock it off" threats. And it came nowhere close to an unlawful threat of violence, as the notice and subsequent ICE comments suggested. The fact that it took five months for the government to take this drastic action provides further proof that Streever presented no threat.

Simply put, the only threat here is the one DHS and ICE officials pose to Streever's First Amendment freedoms — and those of his fellow Americans. That's why FIRE is fighting it.

With our lawsuit, we're sending a message to government officials everywhere: respect the First Amendment, or be prepared to see us in court. 

FIRE

P.S. This work is only possible thanks to generous donors like you. Thank you for all you do to help FIRE protect the First Amendment. Your Donations Make a Difference

Rod's Comment: 
As we watch the Trump administration trample the Constitution and advance its authoritarian agenda, it is important that we who support classical liberal values, including free speech, stand up for our values and rights. Fire does an excellent job of doing that. They have long been defending free speech, whether the attack comes from the left or the right. FIRE is one of the organizations I support with my charitable giving. Please follow the link and make a donation.

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Sunday, July 05, 2026

How I Plan to Vote in the Republican Primary for Governor

by Rod Williams, July 5, 2026 - Early voting in the August 6th primary election begins Friday, July 17th. That is soon. 

In the Governor's race, I will not vote for Marsha Blackman. I used to like her. I have voted for her in the past. However, in Trump's second term, she has gone out of her way to be a suck-up to Trump. I am less forgiving of Blackburn's Trump sycophant status than I am of some other Republican suck-ups. The reason I am less forgiving of Blackburn is that she knows better. Some people, like Andy Ogles, for instance, were never principled or very bright; Marsha was; she has no excuse.

A vote for John Rose in the Governor's race, was his to lose, and he has lost it.  I did not know much about John Rose before the race started, but from what I did know, I was favorably impressed. As the leading opponent of Blackburn, I was inclined to vote for him. Then, however, the ads started, and he has tried to wrap himself in the Trump mantle. In almost every ad, he praises Trump and says things like, "Trump is a CEO, and I'm a CEO ...." The only way I would vote for Rose is if Trump endorses Blackburn. I like seeing Trump-endorsed candidates lose. 

The other Republican candidate for governor is Monty Fritts. I would never ever consider voting for him under any circumstances. He is much to the right of other candidates on gun rights, opposes school choice, and advocates a ban on the practice of Islam, Buddhism, Hinduism, or "other pagan religions" in the state of Tennessee. He has also said he would criminalize sexual acts between consenting adults of the same sex. He opposes allowing rape victims access to the morning-after pill. He advocates the death penalty for women who get an abortion, and he has called for the execution of the parents of trans children who allow their child to undergo hormone therapy. 

There are some other Republicans on the ballot, and I know nothing about them. I have voted for names on the ballot before, when knowing nothing about the candidate, but I am hesitant to do that; one could be voting for a Nazi or a serial killer. 

I could vote in the Democratic primary. Despite being an exile from the Republican Party, I still think of myself as a Republican. The only times I have voted in a Democratic primary were in local elections in Nashville when the winner of the Democratic primary was going to win the seat. In most cases, Republicans did not even put forth candidates. I knew the people running and cared who was going to be the county clerk, the register of deeds, the trustee, the sheriff, etc. Now that I am no longer at home in the Party of Trump, I could be persuaded to vote for a Democrat, but Democrats do not stand a chance in Tennessee. A Democrat has not won a statewide office in Tennessee since 2006, when Gov. Phil Bredesen won reelection to a second term. 

Six candidates have filed for the Democratic gubernatorial nomination, with Memphis Councilmember Jerri Green considered the frontrunner in that primary. I have not seen a single ad for Jerri Green and know little about her. From what little I do know, she seems to be pragmatic and is not a Democratic Socialist. I assume she will win the primary, and then I will take a closer look at Jerri Green and her opponent, which will most likely be Marsha Blackburn or John Rose.

I thought about just not voting. There is nothing wrong with simply not voting when there is no one to vote for, except that when a large number of people don't vote, it is interpreted as apathy rather than disgust.  I vote every time the polls are open. I plan to vote, although I have no one to vote for.

So for now, I will vote in the Republican primary. I wish the ballot had a "none of the above" choice. I would vote for "none of the above." Since we do not have that choice, I plan to write in my own name. If you vote, I urge you to write in your own name, or your spouse's name, or your dad's, or your mother's name, or write in my name: Rod Williams.

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Friday, July 03, 2026

Injustice Toward Barrett

by The Editors, National Review, July 3, 2026 - Criticism comes, rightly, with the territory of being a
Supreme Court justice. Hysteria shouldn’t.

With the conclusion of the 2025–26 Supreme Court term and Donald Trump’s defeat on birthright citizenship, we have been treated to another round of abuse from right-leaning commentators directed toward Justice Amy Coney Barrett. The immediate trigger of their ire is Barrett’s joining the Trump v. Barbara majority (along with Chief Justice John Roberts and, on the outcome, Justice Brett Kavanaugh) striking down Trump’s executive order on birthright citizenship.

... It’s the intemperate vitriol of these attacks, and their utter lack of perspective, that appalls us. Critics brand Barrett a traitor, a DEI hire, and a left-winger who has doomed the country. They complain that she makes poor decisions because she is a woman and a mother of adopted children from Haiti. 

... the predictable, faithful rule of written law is a positive end in itself, and a pillar of the good society. If judges are to be loyal to a party or impose their own preferred ends, they may as well be elected

...  aside from her devotion to process and methodology, it is hard to find a pattern of issues in the cases where Barrett breaks with conservative outcomes, (read it all)

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The Supreme Court’s Constitutional Restoration

 The Justices are doing a job worthy of America’s 250th.

by The Editorial Board, Wall Street Journal, July 3, 2026 - What is this Supreme Court’s project? ... Read the Justices, and it becomes clear they are focused on the Constitution and the law. They are protecting ordered liberty, correcting deviations from the Founders’ design, and taking the Bill of Rights seriously. ...

... The separation of powers is fundamental to the Constitution, ... The Justices are also ruling against Presidents who try unilaterally to impose policies ... When the Justices strike down executive overreach, they’re upholding the Constitution. ... The Court’s effort to re-separate legislative and executive powers is constitutionally correct. ... The Second Amendment means the government can’t disarm casual marijuana users (U.S. v. Hemani) or ban firearms by default (Wolford v. Lopez). ... America has a “colorblind Constitution,” as the Court said in a brief unsigned opinion, after its decision removing race from partisan redistricting ... 

... Originalism is a method, not a party line, and nobody will like every decision. (read it all)

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Thursday, July 02, 2026

The Most Impossible Rise of a City Ever: Nashville, Tennessee

by Rod Williams, June 2, 2026- This is a great video telling the Nashville story.  It covers the founding up until the present day. 

I love this city. There is no other place I would rather live. I have lived here most of my adult life, and I have embraced all the city has to offer. I lived in Nashville for about five years in the early seventies and then work took me away, and I lived in upper East Tennessee for about six years before retuning.  

During that first stay in Nashville and then for about six or so years after returning to Nashville, I was a "honky tonk hero."  I am not a musician nor a songwriter, but I was a super fan. I was one of those guys you see wearing a cowboy hat and boots whose hobby is immersing himself in the music scene. I went to live music events, including following bands that played small bars, and usually I would go to two or three writers' nights a week. I was here when the outlaw movement happened in Nashville and saw a lot of people who went on to become famous and kind of got to know some of them. I attended almost all of the Charlie Daniels' Jam events. I learned how to crash the parties during the annual D J conventions. The D J convention was the precursor to Fan Fair and the CMA Fest. During the convention, I would take a couple days off from work and go to parties and receptions and see lots of live music. The concerts were for the benefit of Country Music D J's and the record labels would all host big concerts with almost all of their roster of artists. They pulled out all stops. I love being part of that Nashville. 

In addition to the music side of Nashville, I experienced a lot else the city had to offer. Except for the winter months, there was always some kind of community festival, either commemorating a historic event, a season, a holiday, a food, or a particular neighborhood. This being Nashville, almost any event for any purpose would have live music. I took in as many of the festivals and special events as I could.

Being the State capital, there was an energy and a vibe the city had that was exciting.  During my time away from Nashville, I returned for about four months as a college student and served as an intern working for the State legislature. That gave me an insight into State government, and I developed a greater appreciation of our state and Nashville.

In 1980 I ran for a seat on the Metro Council and won. This was before there were term limits, when there was very little turnover in the Council, and there were fewer opportunities to serve. Serving in the Metro Council certainly curtailed my hanging out in bars and my hobby of immersing myself in the music scene. I served on the Council for ten years. If you take the job seriously, it takes all of your time that is not devoted to earning a living.  I took the job seriously.  I was very engaged in the business of the city and tried to have an impact. Being one of the few conservatives on the Council and being one of the youngest members to ever serve in the body, I felt I had to be better informed and better prepared than most of my colleagues.  I served on the Planning Committee of the Council, which is one of the more demanding committee assignments. My stint in the Council made me more vested in Nashville. I still follow closely what happens in local government.

After leaving the Council, I worked for a community-based organization that had several missions, but most of my work involved working with low-income people and helping them become homeowners. The work was rewarding, and in this capacity I worked with other non-profit organizations, service providers, funders, churches, and government.  This kept me engaged with the city and was another tie to the city that others may not experience. 

I have seen Nashville change a lot over the years. There was a period in the seventies and early eighties when Lower Broadway was only home to about four bars, and the main businesses were pawn shops, furniture stores and adult book stores. It was pretty seedy back then. In 2020, the Ryman reopened and new life was breathed into the area, and Lower Broadway began to grow and grew to become the madhouse it is now.

A lot of people who live here like to trash-talk Nashville. I am not one of them. Nashville has changed but it is still Nashville.  There are dozens of bars frequented by tourists where the band is playing someone else's music and trying to sound just like the original, but if you look, there are still venues where new bands develop and where writers try out new material. If you want to experience Nashville off Broadway, I suggest Dee's Country Lounge, Santa's Pub, or the Idle Hour. I am an old man now and don't have the desire to hang out in bars anymore, and music, while still important to me is not my main interest anymore, so I don't know all the places where music is being created, but I know there are still lots of places where aspiring songwriters and performers hone their craft.  

While many say they hate Lower Broad, I don't. It can be overwhelming at times. A few times a year, I still hit Lower Broad. I don't mind the crowds and the bachelorette parties. I like seeing people have a good time and enjoy themselves, and I am happy they are doing it my town. 

In some ways, Nashville has gotten better. The influx of emigrants has brought a slew of ethnic eateries, and I enjoy discovering new places to eat. Nashville has several five-star Michelin restaurants, not that I have eaten in any of them, but I am glad they are here.  Nashville has a much more cosmopolitan feel than it used to, and I don't mind. There are more high-paying jobs, and recent college graduates do not have to move somewhere else to have a good career.

On the other hand, the growth has made housing unaffordable for many young people. Of course, some of that is a national issue, but Nashville's growth has priced many people out of the market. I wish growth had been slower and would slow down. I guess the thing I like least about the new Nashville is the traffic and the lack of parking. There was a time as recent as fifteen years ago or so when Nashvillians would brag that we were a "fifteen-minute city," - you could reach any destination in fifteen minutes. Now, rush hour runs from about 3 PM in the evening to about 6:30 PM. If there is a big sporting event ending and several big conventions in town coming to an end, the drive to the airport, which is about 8 miles east of downtown, making it roughly a 15–25-minute drive under normal traffic conditions, can take an hour or longer. There have been occasions when traffic has been paralyzed, and people have been stuck on the interstate for much longer periods. 

There was a time when parking was cheap, and there were parking spaces. I even knew some free parking spaces.  Not anymore. I hate having to pull out my phone, use a QR code, put in my license plate number, and then put in a credit card number. Maybe it is because I am old and slow to adapt, but sometimes I may want to go somewhere, but because parking is a hassle and expensive, I won't go.  

The change in Nashville has its pluses and its minuses, however, this is still a great city with a soul, but please don't move here. 



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Tuesday, June 30, 2026

Supreme Court Affirms Original Meaning of Birthright Citizenship

by Rod Williams, June, 30, 2026 - The Supreme Court has ruled as I expected, upholding birthright citizenship. The language is clear and unmistakable: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." 

This has been adjudicated at least on three occasions, and the "subject to the Jurisdiction," which some were hanging their hats on to void birthright citizenship, had been settled in United States v. Wong Kim Ark in 1898. I would have been shocked if the Supreme Court had voted to overturn the 14th Amendment's meaning. I am surprised that the court ruling was narrowly decided. 

Some argue that the 14th Amendment was meant solely to make citizens of former slaves. That is obviously not true. It was recognized that the 14th Amendment would make citizens of the children born in America to non-citizens at the time the Amendment was adopted.

For an understanding of the Court's ruling and the logic of that ruling, see the following. 

Supreme Court Affirms Original Meaning of Birthright Citizenship, Strikes Down Trump's Executive Order

by Damon Root, Reason, 6-30-2026 - When the 14th Amendment was introduced in the U.S. Senate in 1866, the first senator to speak out in opposition to it was a Pennsylvania Republican named Edgar Cowan. He objected in part because the Citizenship Clause of the proposed amendment would make American citizens out of the U.S.-born children of unwelcome immigrants. "Is it proposed that the people of California are to remain quiescent while they are overrun by a flood of immigration of the Mongol race?" Cowan asked. And what about the "Gypsies" that he claimed were present in his own state? "These people live in the country and are born in the country. They infest society," he declared. Yet the 14th Amendment's grant of birthright citizenship would cover them, too. "If the mere fact of being born in the country confers that right," Cowan said, "then they will have it; and I think it will be mischievous."

Cowan's objections were answered by another Republican senator, John Conness of California. "I beg my honorable friend from Pennsylvania to give himself no further trouble on account of the Chinese in California or on the Pacific coast," Conness said. "We are entirely ready to accept the provision proposed in this constitutional amendment, that the children born here of Mongolian parents shall be declared by the Constitution of the United States to be entitled to civil rights and to equal protection before the law with others." (read it all)

Birthright Citizenship: The Majority Opinion

by Dan McLaughlin, National Revied, June 30, 2026 - Given the stakes and the extensive body of scholarship on the citizenship clause, the 26-page majority opinion by Chief Justice John Roberts in Trump v. Barbara is surprisingly brisk. On the question of the constitutional scope of birthright citizenship, only Justice Amy Coney Barrett joined Roberts and the Court’s three liberals.

Subjects of the King

Roberts began with English common law, under which birth within the king’s dominions made one a subject owing duties of allegiance, but with exceptions for those born in “discrete areas within his kingdom that were temporarily outside his control. . . . And the same held true for ambassadors (and their families), who were considered—by a fiction of extraterritoriality—to remain on foreign soil and thus ‘under the ligeance’ of their home country.” This extended even to the children of “gypsies” (today known as Roma or Romani) who were legally banned from the country. (read more)


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