# Thursday, June 26, 2008
I'm a political junky.  Everyone knows I love a good political debate.  I'm facinated by constitutional law and how the different political groups interpret the constitution and leverage talking points to rope in the electorate.  I like following the major issues to the supreme court, because I'm always amazed at how they arrive at their decisions.
 
Exxon managed to avoid most of the punative damages they had to pay by stringing the appeals so far along, the court finally had enough conservative and moderate leaning conservative judges to rule punative damages can't exceed compensatory damages.  Do I agree in concept?  Yeah, I guess that makes sense, but I sure hate to see Exxon catching a break.  I'm sure they didn't intentionally set out to ruin miles of alaskan coastline and kill so many animals, but that's where negligence comes in.  Exxon should probably have just paid it and got it over with.  I can't see this is getting them any points in the public arena.
 
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I can't believe they struck down death penalty in cases of child rape because it can't be applied in cases where no death occurred.  I have a real problem with the argument primarily because once you give an example of a crime in which there was no death victim but the death penalty is appropriate, you automatically eliminate the argument it can't be used except in the case of murder.  Espionage and Treason are crimes against society just like murder, rape, and a host of other ones.  If those two are punishable by the death penalty, it automatically provides a precedent for using the penalty as an extreme (but not the norm) for punishment in other crimes.  Cruel and unusual can't be a persuasive argument because it's a punishment available in murder cases as well as treason and espionage.  It would fall under "cruel and unusual" only if it was particularly torturous or outside the norm.  To me, rape fits the bill as cruel and unusual, and probably justifies a harsh (though perfectly legal) punishment. I believe this ruling will increase the amount of vigilante justice from parents seeking remedy. 
 
The real problem with the death penalty in child rape is the definition of child rape.  Does it include statutory rape, such as where a 16 year old male has sex with a 15 year old consenting female?  Is it more warranted in cases of serial rapists as opposed to "one offs"?
 
I honestly believe the death penalty should be available for violent crimes, but only applied when the burden of proof meets "beyond a shadow of a doubt" instead of the normal "beyond a reasonble doubt."  DNA is proving too many people not guilty to be throwing the death penalty around left and right.
 
I do find it interesting that both McCain and Obama disagree with this decision.  It's rare you find a supreme court case where the answer leaves both parties dissatisfied.
 
In the absence of strict sentencing guidelines (and let's not forget who our juries are comprised of), keeping the death penalty off-limits is probably a safe move - though they probably should have sent it back to the lower courts to have the sentencing re-examined based on the state's law.  In truth, if the death penalty was more available in violent crimes, there'd probably be less of them...which leads me to the last case.
 
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The only case I felt really good about was the DC v Heller opinion which clarified the 2nd Amendment protected an individual right to bear arms not just connected to a militia but for self defense and for hunting.  Note I didn't say "created" that right.  The right to self defense exists along with the right to life.  If I have a right to live, then I should have protections to ensure that right is not infringed upon.
 
I think the most interesting part of the ruling was not the right exists, but the application of the ruling.  The summary of the ruling indicates if a person (in DC) isn't otherwise unqualified to own a handgun (within the federal guidelines of mentally ill or a felon), then DC MUST issue a permit.  This portion of the ruling is the part that's going to affect the most states and people.  Some states have laws called "may issue" laws, in which the local authorities may deny a permit or may issue the permit on their whim.  They don't have to find a reason for disqualification, they may just decide to not issue anymore permits this year.  Other states (Like the Tarheel State) have "shall issue" laws, where if you're not disqualified (for the reasons listed above) the local authority (the sheriff) has to issue you a permit.
 
This ruling should effectively place all states into a "shall issue" status, since a qualified person is constitutionally guaranteed the right to a handgun.
 
My biggest question is:  Can I have a machine gun now?  Since there was already an opinion that only weapons suitable for use by a militia are protected, and our military (and national guard) trains with machine guns, doesn't that make the machine gun a protected class of weapon?
 

 
Thursday, June 26, 2008 9:27:19 PM (Eastern Standard Time, UTC-05:00)  #    Comments [0]Trackback
# Sunday, June 22, 2008

I was just reading this article on msnbc:  http://www.msnbc.msn.com/id/25311529/, and from the start thought the writer is living in la-la land.  The premise is the american "can do" attitude is under assault by outside forces beyond our control.  The truth is, our american ingenuity is under assault by forces from within - which are completly under our control, but we've chosen to do nothing about.

We've had a two party system for so long, we've forgotten how to put anyone else into power.  The two major parties have worked their magic to practically guarantee several things:  1) No other political party is going to get enough face time to gather traction, 2) People are too distracted by "ideological" differences to realize both parties are almost exactly the same, and 3) the american people are divided enough that absolutely nothing of any value can get through congress except spending more money in the guise of bolstering "american interests". 

The major thing eroding american "can-do" is the millions of americans who won't do much of anything.  You can't keep going when most of the people are living off the rest of us.  This is going to get much worse when the baby boomers do retire and finally crush the social security and medicare systems.  The truth is, the US government is such a mess, there may not be any way to fix it.  I've been hearing several musicians suggest maybe it's time to start over...

Before you say "well, those guys are just hippies", bear in mind it was the hippies that pretty much started a revolution back in the 60s and are currently ruining the country now.  They've already destroyed our country's values, why not destroy our value as well.

It's no wonder people are feeling like they can't do it anymore.  Our leaders have placed this country in a position where we rely on them for everything.  The sad part is, we've done it to ourselves.

Sunday, June 22, 2008 9:43:44 AM (Eastern Standard Time, UTC-05:00)  #    Comments [0]Trackback
# Monday, May 19, 2008

So I was reading this article on msnbc:  http://www.msnbc.msn.com/id/24708846/, and I suddenly remembered one of the reasons I voted for Bush in 2004 (sometimes I have to think hard).  It's all about the Supreme Court.

In the abovementioned case, you've got child pornographers hiding behind the right to free speech argument.  Free speech is indeed a consitutionally protected right, and shields Americans from prosecution (notice I didn't say persecution) for stating personal beliefs whether inflammatory, controversial, or anti-government.  It protects our rights to share our faiths, speak out on behalf of ideals, and to learn from university professors who couldn't possibly function in normal society. 

I have a hard time seeing how child abuse and pornography can possibly fall under the protections of free speech, especially since not just children's rights but the children themselves are being violated.  I'm certain the constitution framers didn't have that in mind.

Notice who dissented on that 7-2 vote.  Justice Souter - who tends towards stupidity like the decision that gave governments the right to seize property from owners under emminent domain even if that property is going to be sold to a private developer since that development will increase the income stream for the acquiring goverment (for those who don't understand what I'm talking about:  A city council in connecticut seized property to sell to a developer so the property would be more valuable and therefore more taxes could be collected), and Justice Ginsberg - a Clinton appointee who has, in my opinion (which is always right), been on the wrong side on nearly every decision I've ever read about.  If you want to find out about someone who is absolutely my worst nightmare, read about Justice Ruth Bader Ginsberg.  I suspect she's either the devil, or possibly his grandmother.

If anyone can't think of anything good that Bush has done, look to the Supreme Court.  I'm sure there are plenty of people who disagree with me, but the court's job is to determine if laws are constitutional.  This is NOT the place for activism and extremism, but should be the place where the buck stops.  This is the body that has the greatest responsibility of all - moderating extremism to protect the american public body from abuse by an out of touch government and laws designed to show favor towards a small group over the well-being of the people.  If you look back at some of the most controversial decisions, you'll see it was a result of extreme activism on one side or the other.

Thank you, President Bush, for appointing justices who will make careful decisions and not give this country away to the wicked without a fight.  I sincerely wish he'd had the chance to make one more appointment before the election.

Monday, May 19, 2008 11:28:09 AM (Eastern Standard Time, UTC-05:00)  #    Comments [0]Trackback
# Tuesday, May 13, 2008

I was driving to work this morning and had to stop for gas.  I was hoping to make it all the way to Raleigh where gas is marginally "cheaper", but had to stop along the way to avoid the risk of being stranded along the side of I-40 where I have no cell service in spots.  For the first time ever, I had to pay more for a gallon of gas than I do for a gallon of milk.  That absolutely blew my mind!

I've been saying for a long time now that I don't think our current way of doing things was sustainable, but if you look back to just less than 100 years ago, it was a totally different story.  My brother just this weekend was talking about starting a chain of stores that deals only in locally grown produce and goods.  My sister and I both commented we already have these things called "grocery stores" and "farmers markets", but I see where he's going with this.

You see, once upon a time, almost every small town had a general store.  If you had to drive into town you took your horse cart, or maybe rode a bike with a basket on it, and picked up what you needed - that is, if you didn't already grow it yourself.  There's a reason why people living in the cities during the Great Depression had it so bad...they weren't capable of living off the land.  I'm a big advocate of getting back to basics and learning how to do things for yourself rather than relying on someone else to do it for you.  Those of you who've read my posts before, or talked to me for any length of time, already know I'm a big "do-it-yourself-er" which is why I take up hobbies like winemaking, woodworking, landscaping, and now gardening.  My summer project this year is to learn how to can food (in mason jars, just like my people always did).

What I really can't figure out is why we're not investing more in solar power.  I realize there are limitations to how far you can travel on battery power alone, but why are we not harnessing solar power to create electrolysis of water which would provide the hydrogen we'd need to power our vehicles for fuel cells...or heck, even internal combustion engines?  Am I missing something?  I hear all the stuff about "it takes more power to split the water than you get out of it" but so what?  I'm talking about using energy sources that are otherwise being wasted.  Doesn't it take more energy to create crop based biofuel than we get out of it? Forget using crops for biofuel.  It really chaps my butt that food costs are soaring because we're dumping food into our fuel tanks.

I'm saying it's time for a re-emergence of the small towns.  There are a lot of little crossroad communities that have virtually disappeared over the past 50 years because of migration to where the jobs are.  I grew up near Pinetown, a small village (now) that was once a bustling little town with a railroad station and all kinds of businesses.  Now, there's a church and a post office and a few homes that are being maintained.  A great deal of the town and surrounding area looks like the woods are going to reclaim it.  Bath, the town I'm actually from had a general store up until about 1982.  I can remember it because my Grandpa used to take me in to get coke and penuts (or a zero bar if I was in the mood for it).  It's still there and has been closed since the day the owner went to play some golf on his lunch break and just decided to not come back.

Anyway, I'm digressing.  I guess since I live 45 minutes from my job, I'll have to just suck it up and look for some "cheap" gas.  Of course, that's what they're counting on, isn't it?

Tuesday, May 13, 2008 2:00:22 PM (Eastern Standard Time, UTC-05:00)  #    Comments [0]Trackback
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