What kind of perverse jurisprudence Justice Scalia advocates in the latest Gitmo ruling? According the judge, applying the basic right of habeas corpus to all individuals in U.S. custody and in U.S. permanent soil "will almost certainly cause more Americans to be killed." With all due respect to the soldiers who have died, what kind of intellectual vacuousness does this represent? The idea is repugnant to scholastic study. In no way or fashion can one ascertain a future condition based on a predicated past. What if could be shown that the respect of human rights would lead instead to less soldiers killed, would Scalia then have to reverse himself? Let's apply this "legal principle" to every issue- minds ponder whether buying oil leads to the unwarranted death of soldiers; better yet, going to war without provocation obviously leads to more Americans soldiers getting killed than would otherwise, so this war must be unconstitutional. The indolent mind here represents a repeat of lack of legal priciple shown in Bush v. Gore. Scalia does not use reason in his opinions, he first come to a decision and then works backwards to justify it. Scalia is an intellectual thug. To be clear, the decision today is very similar to Marburry- essentially the Court is disabusing any notion that the other two branches of government can exclude it from weighing in on, of all things, judicial matters.
Tracking poll just released. Obama first lead in a while. I recognize that I cannot be objective but every time the 5'7" John McCain speaks I get shills in my spine. And now we are learning the guy is not the sharpest knife in the drawer. McCain makes Dole (whom I liked) look good. It is no wonder Frank Lutz, who has been remarkably prescient in past elections, is already calling the race for Obama. The D party nominates very competent candidates for the presidency only to lose to empty suits in the general. I happen to think that Hillary may be more competent (who really knows) but sadly Americans vote for the person they want to have a beer with. In this sense, Obama beats McCain and Hillary.
This past week a lot of commentary has been devoted to the fact that many supporters of either candidate in the Democratic Party primaries would defect to McCain in the general election. Historically, because the Democratic Party has a wider ideological support, it has hemorraged 10% of its vote in the general (FROM CNN 2004 exit polling: Democrat (37%) 11% R 89% D). Thus, the 20% number represents a normal historical trend. (20% of half represent 10% of the total). The 30% for Hillary's supporters defecting is higher than average and may represent statistical noise reflecting some recent dispirited passion. But the salient point is that one may select an average statistic from elections past and create a narrative where there is none.
Leslie Byrne voted against NAFTA. She now has Sen. Webb's support, the senator who voted for one of the amendments that scuttled the immigration bill. My suspicion is that she does not support the immigration bill that failed. On this basis alone, I think her claim to that she fights for the less deserving is overrated. She relies on union support, people who have suffered under the current regime, but their misery pales in comparison with what immigrants have to suffer in Virginia. And she is seemingly willing to keep it at that. Gerry Connolly, on the other hand, took a tough stance against anti-immigration bashing in Northern Virginia. It is my sense that Connolly is friendlier towards Hispanic issues than Byrne. Both are solid campaigners and very friendly. Both are also quite accessible. And Both would be good congressmen. And I still support Sen. Webb, despite his immigration stance, because he is the best Virginia can offer for the job. But the same cannot be stated for Byrne.
The following represents a first impression view; further elaboration would require legal research. I believe that the amnesty provision tucked in the telecommunications bill is unconstitutional. Depriving a cause of action (a transferable asset) without remedy represents a government "taking" and also represents ex post facto legislation. Inmunity, unlike a pardon, is a temporary resolution that can easily be undone. The current bill may prevent a court from hearing a case based on jurisdictional federal law (power of the purse), nevertheless, constitutional issues are not subject to such limitation. The next president may, by fiat, allow criminal prosecutions that cannot be subjected to amnesty without the consent of the sovereign (the president). In other words, amnesty is no pardon which requires conviction and action by the executive. To be sure, the current lawsuits are civil lawsuits subject to regulation. Now, I know this post scattershots the issue. The point is that the next president will have options concerning the issue despite current legislation. Congress's ability to meddle on jurisdictional/constitutional matters is overstated. Let's put it anothert way; if I burn my neighbor's house, a legislature cannot prevent me from pursuing redress.
Rep. Kingston just admitted in the Abrams show that questioning the lack wearing of an American flag lapel by Obama, which oddly, the hypocrite was not wearing, was just banter. He also called the good senator Senator Hussein. He said Hillary was not able to put a glove on Obama, and as long as people react to his comments he will continue to repeat them. So questioning the patriotism of others and diverting conversations from real issues is what this guy stands for- I am sure those who elected this jerk feel proud.
· LA-06: Cazayoux's Gittin' It Done! (DailyKingFish)
· Secrets of the American Future Fund (chase martyn)
· Happy Birthday Jerome! (Jonathan Singer)
· Oilmen For Scott Garrett (NJ-5) (Aaron Banks)
· Youth Delegates at DNC Outnumber RNC 15 - 1 (Mike Connery)
· LA-02: James Carter's First Ad (DailyKingFish)
· Clean Coal's Goodie Bag for Dem. Delegates (lowkell)
· Liveblogging Obama Town Hall (fbihop)
· McCain's Goons Throw Birthday Cake In Trash (fbihop)
· IA-04: Would-be independent candidate fails to qualify for ballot (desmoinesdem)
· TX-Sen: They Don't Call it a Stump Speech for Nothing (KTinTX)
· MN-Sen: Coleman: Minnesotans support my not paying rent! (Senate Guru)