On Overdue Incarcerations - Part 1
I guess we won't be hearing too much or too often from The Game for awhile. At least not until he posts bond. Those abs (not to mention the 'do) should be pretty popular in the big house.
THIS BLOG IS MY BLOG. THIS BLOG IS MY BLOG.
Federal courts ... have become unelected, unaccountable purveyors of social policy for the entire nation. Bitter partisan fights over Supreme Court nominees are inevitable simply because so much is at stake.
That is simply the truth. Of course that doesn't answer the question why? As in, why have the federal courts become purveyors of social policy for the nation? Somebody else has written about this reaching a similar conclusion, although I don't remember who and I can't find where, but I think there are two primary reasons this is the case.
The first reason goes back to Marbury v. Madison (at least I think that is true; remember, you are reading an analysis of the structure and history of the government of the United States as written by a person who earned a C- in Constitutional Law in law school). You see what happened was:
The people who put our government together generally had an agreement that there would be checks and balances whereby: (1) the extent to which the group that spends far too much time writing laws could screw things up for the general populace would be limited by (2) The Big Dog at the top of the heap who can decide whether to reject laws presented and (3) the group that was supposed to compare the substance and breadth of the laws enacted by the busy-bodies and the implementation and enforcement of those laws by The Big Dog to the limitations imposed by the founding (constating?) documents of the country.
But Supreme Court Chief Justice Marshall understood that out of that scrum whoever got to go "last" would have something of a dominating position. Recall the aphorism: he who laughs last laughs loudest. So in Marbury, he authored an opinion basically seizing the last laugh for the judicial branch. And in some bunch of other opinions that I can't identify (C-, remember), the federal courts decided to ignore the Tenth Amendment to the Constitution to the degree that many issues of local or state concern have been federalized during recent (and not so recent) decades.
(As an interesting (from this author's perspective, anyway) sidenote to this discussion, here is what current Chief Justice Roberts said during his confirmation hearings in response to a question about whether he thought Congress could, constitutionally, limit the jurisdiction of the federal courts by specific legislation (the relevant portion of the transcript is here):
"Well, I don't think -- on the question of
legislative attempts, I think my view is
the same now as it was 24 years ago, which
is that these are -- it's a bad idea. It's bad policy.
I was talking about the other question about
whether it's constitutional or not. And on that,
of course, I don't think I should express a
determinative view because, as you know,
these proposals do come up and one may be enacted.")
But I digress ...
The point of all this is that, rightly or wrongly, the federal judiciary is political. In no small part because the federal courts generally get the last say. So, one way to look at this is ... when a group of folks interested in living a particular way or having a particular rule be the law of the land lose their fight in one of what have now become the lesser venues (federal or state legislatures, federal or state regulatory agencies, state courts) , they take their fight to the federal judiciary. Accordingly, these groups of folks have a keen interest in the identity and ideology of the people who will be there to listen to them, to "hear their case" as it were.
P.S.
This post was written before Harriet Miers withdrew her name from consideration for a Supreme Court position. That is an interesting topic in its own right. I'm annoyed at people asserting Ms. Miers wasn't qualified. Just because she wasn't a judge before. As Ron Paul noted in the article linked above, that's ridiculous.
This is correct. It happens. Look at those little poopers (in the above picture) getting down to business. (The above picture was not taken in my backyard. Though I still treasure those ducklings.)
A white person speaking jive, if done well and if done sincerely, is one of the most reliable ways to get laughs. Consider Barbara Billingsley with her "just hang loose, blood" from Airplane. Solid.
Now back to our regular programming ...
Peep Delta.
CONCLUSION:
Yes, those were the dayzazzles.
Earlier today, the term "pole shed" came up in a conversation between two homegrown Iowans (as a non-native Iowan, I was eavesdropping). One of these fellows is what you would call a "farm kid."
Anyway, the farm kid knew all about pole sheds. He knew what they were. Hell, he probably spent time making out in one in junior high school. But the city slicker didn't.
So I looked up some information on "pole sheds" on the internet. Fascinating topic. Read all about it here. Yes, friends and neighbors, it is true. For $35 (plus shipping and handling), you can own a book called "How to Build a Pole Building."
Everybody makes mistakes. And accidents happen. We spend a lot of time repeating these truisms to our three-year old daughter. Hoping to avoid making her overly fearful of error. To err is human, right?
We here at The Committee To Invite The Appropriate People To The Weblog Named Whatever The Author Decides To Call It From To Time are aghast. Consumed with regret. We realized, finally, that back in the beginning, when things were just getting started around here, when the fax machine had no toner and the suggestion box was dry, that we made an omission of epic proportions.
... to join us.
In the spirit of reconciliation and in the hopes that we will all, in the future, be the beneficiaries of his wit and charm, we offer this post. Big Man, won't you forgive us and join the team and come on in for the big win?
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I would not have enjoyed employment as the driver of a "gut wagon," whatever that is. Sounds like a pungent occupation. Also note - guts and livers are probably about as likely as feces to attract flies. And yes, to my knowledge, the cow in that picture is dead.
FWIW.
Look at that gorgeous picture.
Gravel roads and wire fences.
Telephone lines and brush.
Blue skies and harvested fields.
Put all this talk about Poweshiek County, Iowa over on my friend Chris Hagenow's blog together with that incredible picture and the John Denver music oozing out of iTunes on my office computer, and you've got a recipe for reflectiveness. Look at that picture. Click on it so it expands to its full glory. Revel in it. Talk about evoking nostalgic feelings. Talk about going home again. The sky. The fields. The feeling of distance. Very special. Very moving.
As a general matter, I suspect that we, as a species, are incorrect to the extent that we, as a species, think that human beings have the power to change what will happen to the environment and the ecology of the Earth in a material way. The Earth is infinitely more powerful than we are. And of course more resilient. Dozens if not hundreds of times in the history of the Earth, stuff has happened to it which would destroy us. (I'm thinking here primarily of asteroid strikes as an external event which caused a devastation of the environment and living things. As it cycles through its process of birth and death and rebirth, the Earth has plenty of capacity to destroy us all by itself, but I'm talking here about the resiliency of the Earth, so I'm thinking of asteroids coming from space and striking the Earth.) And now, an unfathomable amount of time therefafter, here we are, with the internet. Read A Short History of Nearly Everything by Bill Bryson for details about asteroids, super-volcanoes, tectonic plates shifting and so forth.
Here's a pretty good article by Lew Rockwell on some of these topics. My favorite paragraph in the article is this:
Kyoto and the greenhouse gas/global warming argument seems to me to be placing the (supposed and imagined) interests of Nature ahead of the interests of Man. And that seems to me to be ass backwards.
I recommend each of the tunes below without reservation (right click the URLs and it should give you the option to download and begin enjoying in minutes).
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For you headbangers, I would caution you that these are folk songs. Songs with words worth listening to. These songs will increase your libido or expand your horizons, not enhance your shooter jones.
Finally, if you're sensitive about artists' property rights in their efforts and so on and so forth, rest easy (and congratulations). Each artist above has graciously offered each song above for public consumption in the locations specified.
The quote underneath the picture that follows is true, profound, and important. Of course, like so many things sharing some or all of those attributes, it is also difficult to implement.
All the angst and back and forth and hem and haw and yee and yaw about Supreme Court nominations loses sight of a critical point. Which Rep. Ron Paul didn't miss (of course).
His column (click it and read it. go on. do it.) explains simple truths which we all knew at one point (at least for the civics test in 8th grade). Congress has the power to grant (or withhold) the federal courts' jurisdiction. Congress is comprised of representatives elected by we, the people.
Even this anti-government guy acknowledges (or believes, anyway) that if enough voters expressed enough opinions to enough elected representatives enough laws could be passed to render the U.S. Supreme Court fairly unimportant. I don't know whether this would be good, but it is certainly something to keep in mind. Remember, politicians like being politicians (the pay is decent and the perquisites of office make it worthwhile to keep the job). So it might even be possible to achieve political goals through the political process rather than through press conferences and non-profit interest group efforts. I'm just saying.
Key sentences from the Ron Paul article:
CAVEAT:
I think I heard new Chief Justice Roberts say during his nomination hearings at the Senate that he's not entirely sure Ron Paul's position on this matter is correct. I also recall being stunned but not surprised. It's logical for an aspirant to the Supreme Court to be reluctant to passively agree that the perks of his goal can be taken away by the "yeas" and "nays" of the rabble in the elected official ranks. Fans of Marbury v. Madison know what Justice Roberts may have had in mind; that Chief Justice Marshall sure was a clever one for understanding that going last may be more important than being right.
(Disclaimer - regarding the above, I earned a C- in Constitutional Law during law school, so I am scarcely qualified to comment on these topics. That's blogging for you. You get what you pay for.)
How many federal employees does this affect? Ah, I love symmetry.
It affects approximately 250,000 employees.
The article goes on to note that in response to criticism of the increased limit, the Bush administration implemented the following policy:
What are any of these employees going to buy that costs more than $50,000 for a single purchase? With a credit card? I hope the answer to that question is "nothing." Fifty thousand dollars is a HUGE sum of taxpayer dollars to be able to charge.
Executive director of the "watchdog group" Project on Government Oversight summarizes the problem thusly:
No kidding!