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1401  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Thomas Symposium on: March 23, 2012, 08:34:43 AM
This is a link to a law review symposium on Justice Thomas.

http://www.law.udmercy.edu/index.php/print-edition
1402  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Maddow on Romney on: March 23, 2012, 08:32:55 AM


Is Mitt Romney a liar? 
1403  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Six Big Lies About How Jerusalem Runs Washington on: March 23, 2012, 07:03:41 AM
http://www.foreignpolicy.com/articles/2012/03/21/big_lies_about_jerusalem_washington_jews_White_House?page=full
1404  Politics, Religion, Science, Culture and Humanities / Politics & Religion / AZ in 2012 on: March 22, 2012, 08:51:25 AM
http://www.rollcall.com/issues/57_114/Expect-a-Nasty-Arizona-Member-Vs-Member-Battle-213298-1.html?ET=rollcall:e12560:80133681a:&st=email&pos=eam

"When an Arizona Republican consultant was recently asked whether he was backing a candidate in the state's banner Member-vs.-Member race between Republican Reps. Ben Quayle and David Schweikert, the operative simply said, "We're not. Thank God."

That is because those who know Arizona politics well are prognosticating a nasty, costly race between two up-and-coming freshman Members."
1405  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / When the good do bad on: March 21, 2012, 07:58:15 PM
http://www.nytimes.com/2012/03/20/opinion/brooks-when-the-good-do-bad.html?_r=1&ref=davidbrooks


"According to this view, most people are naturally good, because nature is good. The monstrosities of the world are caused by the few people (like Hitler or Idi Amin) who are fundamentally warped and evil.

This worldview gives us an easy conscience, because we don’t have to contemplate the evil in ourselves. But when somebody who seems mostly good does something completely awful, we’re rendered mute or confused.

But of course it happens all the time. That’s because even people who contain reservoirs of compassion and neighborliness also possess a latent potential to commit murder."
1406  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / HLS Founding conference: Constitutional Convention on: March 21, 2012, 12:45:00 PM
http://www.youtube.com/playlist?list=PL39308EF707CA1C46&feature=plcp

These videos may interest some of you.
1407  DBMA Martial Arts Forum / Martial Arts Topics / Re: DBMA 2012 Summer Camp on: March 21, 2012, 11:09:45 AM
Thank you.  I am going to try to get there.
1408  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Goldsmith on use of drones on: March 21, 2012, 07:25:53 AM
Jack Goldsmith makes excellent points.

http://www.foreignpolicy.com/articles/2012/03/19/fire_when_ready
1409  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Cato says "A re-elected Obama wouldn't be the end of liberty" on: March 20, 2012, 03:15:38 PM
http://washingtonexaminer.com/opinion/columnists/2012/03/re-elected-obama-wouldnt-be-end-liberty/387856

"I yield to nobody in my conviction that Barack Obama's presidency has been a disaster for the Republic. Last week, in this space, I even suggested that some of his offenses rose to the level of impeachable "high crimes and misdemeanors."

Yet, try as I might, I can't convince myself that the 2012 election is a "hinge of history," and it's "game over" for liberty unless he's defeated. If Obama wins, the fight goes on; if he loses, don't pop the champagne corks just yet.

Consider that, since FDR, few second-term presidents have been capable of great mischief. Obama may have done most of the real damage he's capable of already."

1410  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Robert Bales was no ‘lone gunman’ on: March 20, 2012, 03:12:14 PM
This article touchs on many themes, but strikes me as, at root, a plea to support the troops.  So it it here.

http://www.nydailynews.com/opinion/robert-bales-lone-gunman-article-1.1046802

"Our country today is in the enviable position of being able to fight a gritty multi-front counterinsurgency far away in unfriendly and inhospitable terrain. And we’ve been doing it for over 10 years now. The average American hasn’t felt so much as a bump in the road for it. There has been no draft, no fuel rations, no chocolate shortages. When I served in Iraq, we used to say “the military is at war: America is at the mall.”

Since the recent murders committed by U.S. Army Staff Sgt. Robert Bales in Afghanistan, the perpetrator as has been called “troubled,” “crazed” and other such adjectives. The military is probing for alcohol involvement. He received a medical exam prior to deployment but, no surprise, was given a clean bill of health by military doctors. He was injured twice and witnessed fellow soldiers maimed and killed on previous deployments. He was also reportedly having family troubles back home.

They’re looking for the reasons why Bales did it. Yet, none of these single things caused this incident on their own. All of these circumstances were caused by yet another circumstance: sending a man to Iraq three times and then to Afghanistan for a fourth tour."
1411  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Newt now and then on: March 20, 2012, 10:22:39 AM
http://thehill.com/homenews/campaign/216867-newt-wont-exit-thought-others-should

"Newt Gingrich is refusing to swallow his own medicine.

The former Speaker of the House (R-Ga.) rejects calls from Republicans to drop out of the presidential race, but he has a long history of telling other GOP White House hopefuls to do so."
1412  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Santorum in Illinois on: March 20, 2012, 10:17:11 AM
http://www.nationaljournal.com/2012-presidential-campaign/rick-santorum-stokes-gop-divisions-in-run-up-to-illinois-primary-20120320

"Santorum sees opportunity in the Southern and Western areas of this blue state, the regions far from the urban and suburban enclaves of Chicagoland. He has forfeited 10 delegates up front by failing to get his allies onto some ballots, and polls show him 4 to 15 percentage points behind Romney, but even a loss could help Santorum. If he outdraws Romney among fervent conservatives and rural voters, it will give him more fodder for his argument that Romney is out of touch with the base of his party and the heartland of the country.

The former Pennsylvania senator constantly berates President Obama for trying to divide the country. But he seems to have no problem setting up an us-versus-them proposition within his own party."
1413  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Holly Petraeus on: March 20, 2012, 10:11:57 AM
http://www.usatoday.com/news/military/story/2012-03-19/holly-petraeus-wife-protect-military/53657242/1

"When 18,000 members of the Army's 101st Airborne Division flew back to Fort Campbell, Ky., in 2004 after a year in Iraq, Holly Petraeus was there to meet them, no matter the hour, the weather or her other duties.

As wife of the division commander, Maj. Gen. David Petraeus, she had to attend some of the scores of arrivals. But she was almost always there — often in hat, scarf, and boots, stamping her feet against the cold and hugging the soldiers like they were her children."

1414  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Science and libertarian ideals on: March 19, 2012, 09:55:59 PM
http://www.usatoday.com/news/opinion/forum/story/2012-03-18/ron-paul-libertarians-science/53617108/1

What is it about Ron Paul that so many people find intellectually appealing? Perhaps it is his frankness and candor, a rare trait in politicians. But I think it goes far beyond that. Paul — and libertarian philosophy in general — tackles government policy the same way a researcher tackles an experiment.
1415  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / empirical data and state judicial elections on: March 19, 2012, 01:11:05 PM
Chris W. Bonneau

http://www.fed-soc.org/publications/detail/a-survey-of-empirical-evidence-concerning-judicial-elections

"In this paper, I evaluate the arguments made by opponents of judicial elections. Focusing primarily on state supreme court elections (since that is the level of court where most studies have been conducted), though also discussing intermediate appellate courts and trial courts where appropriate, I evaluate the arguments of judicial reform advocates in light of empirical evidence. This paper presents a synthesis of the existing literature in this area, integrating the disparate findings by scholars into a single publication."

1416  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: SB county is kind of deserty, right? on: March 19, 2012, 04:57:04 AM
That was very, very cool.

1417  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / J. Thomas discussed at USC on: March 18, 2012, 12:45:29 PM
http://lawweb.usc.edu/news/article.cfm?newsID=3848

"One of the tenets of academia is the encouragement and cultivation of a variety of ideas and opinions for open discussion and debate.

 So imagine being shunned by academic institutions for writing a book on a figure unpopular with one political group, however large.  Now imagine that some of these institutions are law schools and the figure in question is a United States Supreme Court Justice.

 This is the quandary in which Scott Douglas Gerber has found himself over his entire academic career.
“For good and bad, I’m forever linked with Clarence Thomas,” Gerber told a classroom full of USC Law students recently...."
1418  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: NSF grants on: March 16, 2012, 08:20:10 PM
Did you see my post that said "[t]here is also the possibility that there will be discoveries that benefit the long term longevity of the species that are not prone to business interests, which tend to be more short term, nbottom line in orientation.  The astronomical discoveries, for example."

Which can only be gained through large gov't agencies?

And the road to demise can also be paved with limited knowledge. 

"I don't know, but there is good to come out of the NSF grants."

Sure there is, but at what cost? The road to crushing national debt is paved with good intentions.
1419  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: 2012 Presidential on: March 16, 2012, 01:02:47 PM
An alteration was made to the post.  My apologies for the confusion/lack of information.

From a site that calls itself "News that's almost reliable"?

I'd like to see some confirmation of this before taking it seriously.

1420  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: NSF grants on: March 16, 2012, 01:00:18 PM
And the road to demise can also be paved with limited knowledge. 

"I don't know, but there is good to come out of the NSF grants."

Sure there is, but at what cost? The road to crushing national debt is paved with good intentions.
1421  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Mitt relates to the black community on: March 16, 2012, 10:58:49 AM
A satirical look at Romney's ability to connect with an audience.

http://www.freewoodpost.com/2012/03/13/mitt-romney-i-can-relate-to-black-people-my-ancestors-once-owned-slaves/
1422  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: NSF Grant Funding on: March 16, 2012, 10:25:07 AM
I don't know, but there is good to come out of the NSF grants.  There is also the possibility that there will be discoveries that benefit the long term longevity of the species that are not prone to business interests, which tend to be more short term, nbottom line in orientation.  The astronomical discoveries, for example.

From the Newt Gingrich thread (Guro suggested the energy policy thread, but I think it fits better here; will move if necessary):

I can't say that I have a good grasp of the internal workings of the NSF's grant process and the degree of political graft that may or may not be involved in the awarding of said grants, however given the abuses well documented under this administration and our dire economic condition, I'm wanting the USG out of the grant business altogether.

This, admittedly, does not address the manner in which NSF grants are awarded.  Here is a list, of 577, of NSF funded findings.  I think some of them may be of interest.

http://www.nsf.gov/discoveries/

I wonder what the cost in government buildings/infrastructure/pay/benefits/pensions plus interest on the national debt breaks down to on a per discovery basis?
1423  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / USSC justices as book authors on: March 16, 2012, 05:58:24 AM
A list of 351 books by Supreme Court justices:

http://www.scotusblog.com/2012/03/351-books-by-supreme-court-justices/
1424  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / NSF Grant Funding on: March 16, 2012, 05:38:12 AM
From the Newt Gingrich thread (Guro suggested the energy policy thread, but I think it fits better here; will move if necessary):

I can't say that I have a good grasp of the internal workings of the NSF's grant process and the degree of political graft that may or may not be involved in the awarding of said grants, however given the abuses well documented under this administration and our dire economic condition, I'm wanting the USG out of the grant business altogether.

This, admittedly, does not address the manner in which NSF grants are awarded.  Here is a list, of 577, of NSF funded findings.  I think some of them may be of interest.

http://www.nsf.gov/discoveries/
1425  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: March 16, 2012, 05:33:13 AM
Also from the Santorum thread:

Saintorum wants to ban hardcore porn.

http://news.yahoo.com/blogs/ticket/rick-santorum-wants-ban-hardcore-pornography-222833811.html

Silly me, I would have thought this to be a matter for the pursuit of happiness, the 9th Amendment (privacy), and the 10th Amendment (States Rights), not the Feds.

Oy fg vey.

This is interesting.  Do you not find the 1st amendment a suitable place for the necessary protections? 
1426  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: March 16, 2012, 05:30:27 AM
From the Santorum thread:

Funny how many aging hippies are suddenly 10 amd. advocates when the feds raid their "medical" marijuana shops.

That is at least as funny as the conservatives who are states rights advocates until the issue is drugs. 
1427  DBMA Martial Arts Forum / Martial Arts Topics / Re: DOG BROTHERS T-SHIRT DESIGN CONTEST on: March 15, 2012, 08:58:37 PM
Was a winner announced?  When will the new tees be in the store?
1428  DBMA Martial Arts Forum / Martial Arts Topics / Re: DBMA 2012 Summer Camp on: March 15, 2012, 08:56:21 PM
Guro, are there more details (firm dates; location; cost)? 

With the Winter Camp coming up this weekend my focus is there.  More here next week.
1429  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Newt Gingrich on: March 15, 2012, 08:16:21 PM
What do you think of things like NSF grants for R&D?
1430  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: 2012 Presidential on: March 15, 2012, 06:33:45 PM
Doug, my state will go for the GOP.  And I won't be voting for President Obama. 
1431  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Newt Gingrich on: March 15, 2012, 06:27:45 PM
GM, first of all, I never said or implied it was the same thing.  I noted that, and I quote me: "President Obama is hardly the only person to 'tout' algae as an alternative to oil."  Second, there are several things that are different about it.  Since you clearly view me as a simpleton, I couldn't possibly begin to imagine what more highly evolved mind is thinking.  When you explain it, please use small words.  I would note though, that when Gingrich says what he says about the algae he acts like Obama is retarded.  My point is that there is a possibilty that there is a viable use. 


"President Obama's response to soaring gasoline prices has been touting algae-powered cars...".

President Obama is hardly the only person to "tout" algae as an alternative to oil.

Exxon Sinks $600M Into Algae-Based Biofuels in Major Strategy Shift: http://www.nytimes.com/gwire/2009/07/14/14greenwire-exxon-sinks-600m-into-algae-based-biofuels-in-33562.html

Algae Oil in China: http://www.algaeindustrymagazine.com/algae-business-algae-oil-in-china/


BD, there is an important distinction between the US Gov't funding algae as energy vs. Exxon. Can you tell me what it is?
1432  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Newt Gingrich on: March 15, 2012, 04:40:10 PM
"President Obama's response to soaring gasoline prices has been touting algae-powered cars...".

President Obama is hardly the only person to "tout" algae as an alternative to oil.

Exxon Sinks $600M Into Algae-Based Biofuels in Major Strategy Shift: http://www.nytimes.com/gwire/2009/07/14/14greenwire-exxon-sinks-600m-into-algae-based-biofuels-in-33562.html

Algae Oil in China: http://www.algaeindustrymagazine.com/algae-business-algae-oil-in-china/
1433  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Politics on: March 15, 2012, 01:55:04 PM
An interesting find, DMG.
1434  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: 2012 Presidential on: March 15, 2012, 01:53:59 PM
I think you are right.

A better measure would be the poll numbers from the swing states.  A national poll doesn't tell you as much as much, since there are only a few states that are really up for grabs.  This may be another election, no matter the winner, where the electoral college faces some serious derision. 

True, and from memory there are multiple key states that went blue in 2008 that are now showing serious kool-aid hangovers.
1435  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: 2012 Presidential on: March 15, 2012, 10:23:37 AM
A better measure would be the poll numbers from the swing states.  A national poll doesn't tell you as much as much, since there are only a few states that are really up for grabs.  This may be another election, no matter the winner, where the electoral college faces some serious derision. 
1436  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Entry Standards/Indiana "Castle Doctrine" rethought on: March 14, 2012, 09:00:32 PM
The source doesn't matter much, GM.  The fact that the state legislature is considering overturning the bill is the issue.  

But, if you prefer, here is the legislative history: http://e-lobbyist.com/gaits/IN/SB0001

Here is a story noting the involvement of Indiana GOP and the NRA: http://www.addictinginfo.org/2012/03/02/indiana-house-approves-bill-that-allows-homeowners-to-kill-police-officers/

Here is the bill information itself, from the Indiana legislture's website: http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2012&session=1&request=getBill&doctype=SB&docno=0001
1437  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Entry Standards on: March 14, 2012, 07:33:04 PM
"If you are a citizen, and using force against a LEO, the odds of this turning out well for you is slim and none."

With this I completely agree.  And court decisions that gut the 4th amendment protections offered in the Bill of Rights, a series of amendments made becuase of the fear of an over reaching government, don't help this.  


An update on a heated discussion from nearly a year ago: http://www.informationliberation.com/?id=38839

"The text of SB 1 states that its legislative purpose "is to protect citizens from unlawful entry into their homes by law enforcement officers or persons pretending to be law enforcement officers. Both citizens and law enforcement officers benefit from clear guidance about the parameters of lawful home entry, which will reduce the potential for violence and respect the privacy and property of citizens."

To that end, the bill recognizes that an individual 'may use force … to prevent or terminate a law enforcement officer’s unlawful entry.'" ...

"SB1 is not an innovation; it simply restores an explicit understanding of Indiana’s "castle doctrine," which was subverted last year in the Indiana State Supreme Court’s Barnes v. State ruling. As a wire service report observed at the time, that ruling effectively nullified the core protections contained in the Fourth Amendment and the equivalent provision in the Indiana constitution, as well as protections and immunities recognized by "common law dating back to the English Magna Carta of 1215." The 3–2 decision last May 12 held that Indiana residents have no right to obstruct unlawful police incursions into their homes."


1438  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: March 14, 2012, 08:00:41 AM
1.  I meant to write "first portion," which is " Conservatives attack the courts." And I do doubt this is under contention.   

2.  I am not writing about my beliefs, Guro.  I am trying to divine what Judge Wilkinson says, based on the article you posted and the little I know about him.  I was guessing based on the article, primarily, because the little I do know about likely dwarfs what most others know.  SO, based on the context of a 750 word article.

3.  The original intent, as we have discussed before, is difficult to divine.  I do not know how Wilkinson views original intent, though I suspect his book which I would like to read, sheds some light on this.

4.  Why since Marbury?  And talk about judicial activism!

5.  "I gather he thinks the courts should let the Congress slip its constitutional leashes because he thinks it makes for international competitiveness and that those that disagree are conservative activists?!?  This makes little sense to me."  Then that is a weakness in his article, not my attempt to explain it. 

6.  "It is the substitution of your own opinion for the law."  OK, that is a fine definition by me, but it doesn't mean that conservative judges don't do that. 


BD:

You know I have high regard for you, especially in this area, but I confess I just don't find this particular post very persuasive.

a)  "Judge Wilkinson says: “Conservatives attack the courts on one hand and seek to have them advance their activist agenda on the other.”  The portion of this view is not in contention, I would guess."

Umm , , , I DO contest  grin

b)  "“activist [judges] believe that that the proper role of the [c]ourt is to assert independent positions in deciding cases, to review the actions of other branches vigorously, to be willing to strike down acts the [judge] believes are unconstitutional…”.  Taken together, these definitions make sense, of course.  This is where I suspect Judge Wilkinson is coming from, especially as he notes the “debate over the Affordable Care Act’s requirement that individuals buy health insurance” and the erosion of longstanding understanding (read precedent) of the Interstate Commerce Clause."

Ummm , , , ever since Marbury isn't it precisely the job of a judge to defend the Constitution?  How is doing so "activist"?!?  Of course stare decisis deserves some respect, but the original intent of the ICC deserves even more. 

“It is tempting to shout states’ rights when deeply flawed federal legislation is enacted, but the momentary satisfactions of that exercise carry long-term constitutional costs. Badly conceived bills die a thousand political deaths — in the appropriations process, in the states, through electoral retribution, in the executive appointments of a succeeding administration and ultimately in amendment and repeal. However, if courts read the Constitution in such a way that it enables them to make Congress ineffectual, and instead to promote 50 state regulatory regimes in an era of rapidly mounting global challenges, the risks should escape no one. Making our charter more parochial while other nations flex their economic muscle seems like poor timing.”

I find this paragraph to be the most specious of all.  How on earth is limiting the Congress to the powers set to it in the Constitution constitute making the Congress “ineffectual”?!?  This makes no sense to me at all.   There are matters pertaining to the jurisdiction of the States, and there are matters that are properly federal.  This is on purpose and it is a good thing to have the competition of fifty laboratories of democracy in action.


“He is arguing that activist decisions (overturning precedent and congressional actions) devolve the economic prowess of the country, but returning the economies to the states in an increasingly global environment.”

Again, it is NOT activist to insist upon the Constitution.  PERIOD.   Not sure of the meaning of the second half of the sentence (or even if it IS a sentence ) but I gather he thinks the courts should let the Congress slip its constitutional leashes because he thinks it makes for international competitiveness and that those that disagree are conservative activists?!?  This makes little sense to me.


I will close by giving a concise definition of judicial activism:  It is the substitution of your own opinion for the law.

1439  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / STFU kid, even if I am wrong on: March 13, 2012, 10:33:48 PM
http://school.failblog.org/2012/02/28/homework-class-test-why-couldnt-he-just-be-complacent-and-dumb-like-everyone-else/
1440  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: March 13, 2012, 05:10:39 PM
As Guro has asked for a discussion of Judge Wilkinson's argument of conservatives undermining the Constitution, I will limit this reply to that area.  
First, it is important to recognize that Judge Wilkinson is highly regarded conservative judge.  He was a clerk for Justice Powell, was nominated for his position by President Reagan and was interviewed as a potential USSC nominee by President George W. Bush.


Judge Wilkinson says: “Conservatives attack the courts on one hand and seek to have them advance their activist agenda on the other.”  The first portion of this view is not in contention, I would guess.  Several of the participants on the forum bemoan the role that judiciary plays or played in reproductive cases, eminent domain and elsewhere.  Here it is important to have a definition of what constitutes judicial “activism.”  However, a definition is difficult to find.  Having looked at about a dozen books on my shelf, here is a sampling of the “definitions” or descriptions, but it is key to note that none of them limit activism to liberal jurists.  Reporter Richard Willing described judicial activism as “what the other guy does that you don’t like.”  In an effort to find more, I found one offered by Lawrence Baum (a serious judicial scholar at the Ohio State University), who says that “when judges choose to increase their impact as policymakers, they can be said to engage in activism.”  Lee Epstein (a serious judicial scholar now at USC law school) and coauthor Thomas Walker state that “activist [judges] believe that that the proper role of the [c]ourt is to assert independent positions in deciding cases, to review the actions of other branches vigorously, to be willing to strike down acts the [judge] believes are unconstitutional…”.  Taken together, these definitions make sense, of course.  This is where I suspect Judge Wilkinson is coming from, especially as he notes the “debate over the Affordable Care Act’s requirement that individuals buy health insurance” and the erosion of longstanding understanding (read precedent) of the Interstate Commerce Clause.  

I find this paragraph to be of interest: “It is tempting to shout states’ rights when deeply flawed federal legislation is enacted, but the momentary satisfactions of that exercise carry long-term constitutional costs. Badly conceived bills die a thousand political deaths — in the appropriations process, in the states, through electoral retribution, in the executive appointments of a succeeding administration and ultimately in amendment and repeal. However, if courts read the Constitution in such a way that it enables them to make Congress ineffectual, and instead to promote 50 state regulatory regimes in an era of rapidly mounting global challenges, the risks should escape no one. Making our charter more parochial while other nations flex their economic muscle seems like poor timing.”

One the primary reasons why the presidency has expanded its power is because of the speed of the decision making, viz. Congress.  Most people, liberal or conservative who accept the increasingly unitary presidency do so because they feel that the president can act more decisively, more quickly that the plodding legislature.  For historic examples see: T. Jefferson and the Louisiana Purchase; A. Lincoln and the first few months of the Civil War; FDR and NIRA and others; etc. etc.  These are not without limitation, such as W. Wilson and forgetting the Senate’s role in treaty making and H. Truman and the seizure of the steel industry, but the march seems to be ever forward.  I think that Wilkinson is basically noting this, but in a different way.  He is arguing that activist decisions (overturning precedent and congressional actions) devolve the economic prowess of the country, but returning the economies to the states in an increasingly global environment.  
1441  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Girl forced to give access to her FB password on: March 13, 2012, 12:22:47 PM
http://redtape.msnbc.msn.com/_news/2012/03/13/10657012-up-against-the-wall-should-district-be-allowed-to-demand-middle-schoolers-facebook-password#.T19jBCz3f8g.facebook

A 12-year-old Minnesota girl was reduced to tears while school officials and a police officer rummaged through her private Facebook postings after forcing her to surrender her password, an ACLU lawsuit alleges.
1442  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / JFK's planned 11/22 speech on: March 12, 2012, 09:16:44 PM
http://www.jfklibrary.org/Research/Ready-Reference/JFK-Speeches/Remarks-Prepared-for-Delivery-at-the-Trade-Mart-in-Dallas-November-22-1963.aspx

"Above all, words alone are not enough. The United States is a peaceful nation. And where our strength and determination are clear, our words need merely to convey conviction, not belligerence. If we are strong, our strength will speak for itself. If we are weak, words will be of no help."
1443  DBMA Martial Arts Forum / Martial Arts Topics / Re: Prisons on: March 11, 2012, 07:57:30 PM
http://www.usatoday.com/news/nation/story/2012-03-01/buying-prisons-require-high-occupancy/53402894/1

"At a time when states are struggling to reduce bloated prison populations and tight budgets, a private prison management company is offering to buy prisons in exchange for various considerations, including a controversial guarantee that the governments maintain a 90% occupancy rate for at least 20 years."
1444  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: UCLA Professor: Without Media Bias the Average US State Would Vote Like Texas on: March 11, 2012, 12:09:47 PM
Groseclose is an excellent source.  I look forward hearing more about the book, and reading it if I get the time. 

http://www.liveleak.com/view?i=1ca_1314455872


UCLA Professor: Without Media Bias the Average US State Would Vote Like Texas or Tennessee




Dr. Tim Groseclose is the Marvin Hoffenberg Professor of American Politics at UCLA. He has joint appointments in the political science and economics departments and has held previous faculty appointments at Caltech, Stanford University, Ohio State University, Harvard University, and Carnegie Mellon University.
 
Tim released the book Left Turn recently and was on Hannity with Senator Fred Thompson on Friday night to discuss the book.

http://www.timgroseclose.com/
1445  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Obama Phenomena on: March 11, 2012, 08:35:34 AM
http://www.theatlantic.com/politics/archive/2012/03/breitbartcoms-massive-barack-obama-derrick-bell-video-fail/254213/

As is often the case, we do not see eye to eye on this issue.  And that is fine.  I'll wait to see what the enormous "bombshell" is that Breitbart and Co. are planning for later in the week. 
1446  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Obama Phenomena on: March 10, 2012, 11:14:32 PM
Because you missed an episode?  It has been available for three years, on the secret website of YouTube. 
1447  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Obama Phenomena on: March 10, 2012, 10:18:17 PM
Here is a link to the show on YouTube posted 3 years ago.

http://www.youtube.com/watch?v=OpEpg12kEnc

Is your oversight of the episode a government conspiracy?
1448  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Derrick Bell on: March 10, 2012, 09:24:26 PM
"...there’s nothing new about the clip or Obama’s role in the controversy at Harvard Law School. In 2008, as a part of our quadrennial election special The Choice 2008,  FRONTLINE ran the same footage of the speech as a part of an exploration of Obama’s time at Harvard Law School, where he graduated in 1991. It’s been online at our site and on YouTube since then."  http://www.pbs.org/wgbh/pages/frontline/government-elections-politics/the-story-behind-the-obama-law-school-speech-video/

Here is the entire show: http://www.pbs.org/wgbh/pages/frontline/choice2008/view/

Sent to me by an internet friend:
=====================

Derrick Bell maintained throughout his life that racial minorities in the U.S. were a PERMANENTLY oppressed caste.  Bell endorsed a journal called "Race Traitor," which is dedicated to the "abolition of whiteness," and whose motto is "Treason to the white race is loyalty to humanity." Obama's mentor and campaign advisor from 2008 has admitted they intentionally hid this video from the media during the 2008 campaign.  Stay tuned - this is only the beginning of what Breitbart's staff has uncovered.

Our "mainstream" media has failed miserably to do its job with regard to vetting Obama.  Now the whole truth is finally coming out.  Of course already the mainstream media mantra regarding this is:  "There's nothing to see here.  No big deal.  Move along."


www.breitbart.com/Big-Government/2012/03/07/buzzefeed-selectively-edits-obama-tape

Here is a profile of Professor Derrick Bell - just so you know exactly who Obama's close friends are, and what he really believes:


www.discoverthenetworks.org/printindividualProfile.asp?indid=2175

1449  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Is today the day? on: March 10, 2012, 11:18:40 AM
A WEEK and a half ago, the day after the school shooting near Cleveland, a student stood in the doorway of my Bronx college classroom. He was eating half a bagel with cream cheese. It was a month into the semester, 45 minutes into the class period. I didn’t remember ever having seen him before.

http://www.nytimes.com/2012/03/10/opinion/teachers-need-trust-and-security.html?ref=opinion
1450  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Bolton and Yoo opine on: March 10, 2012, 11:15:05 AM
OUTER space has become the next frontier for American national security and business. From space, we follow terrorists and intercept their communications, detect foreign military deployments, and monitor a proliferation of unconventional weapons. Our Global Positioning System gives us targeting and tactical advantages, spacecraft create image-rich maps, and satellites beam data around the world.

http://www.nytimes.com/2012/03/09/opinion/hands-off-the-heavens.html?_r=1&scp=1&sq=john%20yoo&st=Search
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