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Monday, June 28, 2010

Miscellany: 6/28/10

The Passing of Senator Robert Byrd (D-WV)

This much I will give to Robert Byrd: he clearly had a love and knowledge of the US Senate unparalleled among his colleagues. In addition, Byrd took a principled stand against Bill Clinton's intended abuse of the budget reconciliation process using the Byrd rule in an attempt to pass the Clinton version of health care "reform".

However, there are a few things which people haven't been discussing in the rush to pay tribute to his memory. Byrd put his own political ambition above the people of West Virginia and America. Byrd unapologetically brought home more than his fair share of Congressional pork. He probably has more infrastructure (over 30 projects) named after him in West Virginia than any other politician in the country. Both Ted Kennedy and Robert Byrd probably stayed on, even as their health was rapidly declining to the point they were no longer effectively serving their constituents. [I am empathetic to the concept of limited terms across the board for the 3 branches of government; I strongly believe that tenure privileges result in cronyism and corruption.] Finally, even though West Virginia has voted GOP the last 3 Presidential elections, Robert Byrd had transitioned from one of the Senate's most conservative Democrats in 1972 to a more reliable liberal vote last year, to the left of Ben Nelson (NE) and Bayh (IN).

McDonald v Chicago: Affirming Self-Protection Consistently: Thumbs Up

It was fairly clear that the 2008 Heller v District of Columbia decision, which firmly established an individual's right to own a firearm for self-protection in Washington DC, wasn't context-specific, i.e., persons in dangerous neighborhoods in DC were "more equal" than people in bad Chicago neighborhoods. But given DC's unique status, a court challenge was inevitable.

The basic issue was not whether one could reasonable restrict the right of firearms but whether a state or local government could, by arbitrary majoritarian fiat, strip away that right. Thus, for instance, I don't think you can argue that a household needs a machine gun or state-of-the-art military rifles to protect itself from violent trespassers. Of course, you can predict the next step from Chicago: it will try to test the limits of the decision by trying to regulate it to a burdensome degree--e.g., require training and certification, insurance, tax purchases, etc.

Most of us laymen don't really get into the legalese weeds. For instance, most of us think that the freedom of worship was guaranteed universally within the US. But the Bill of Rights really only protected us from abusive federal laws, not abusive state laws. The rebirth of the nation after the Civil War really eliminated a double standard between the federal and state governments in terms of recognition of basic individual rights.

One of the more interesting discussions involving this decision involve the question of due process vs. privileges and immunities clause of the Constitution. There were Supreme Court rulings shortly after the Fourteenth Amendment that muted privileges and immunities justifications. I won't review the history here but there's an excellent column in the Wall Street Journal explaining how that distinction played out in today's ruling. What's notable about this decision is that Justice Clarence Thomas decided to issue a separate concurring opinion based on the privileges and immunities clause. Justice Scalia was tempted to join Thomas, but decided there was enough due process precedence to go along with the base opinion. I have my own opinion on this distinction, but I'll write a separate future post on the issue.

Those Sex-Obsessed Politicians and Media...

Well, I just can't resist. For years after distancing himself from Bill "Blue Dress" Clinton, including the creepiest public kiss ever by a married couple, "Giggling" Al "Sex-Crazed Poodle" Gore, freshly separated from Tipper, just might be embarrassing to his former boss these days. This comes after the recently much-hyped "Boobgate" scandal whereby envious flat-chested progressives accused Sarah Palin of having had breast enhancement surgery. And who can forget how the progressive Huffington Post tried to draw attention to the cleavage of well-endowed German center-right politicians whom had "more to offer" last summer? But then Hillary Clinton's cleavage got much more coverage during the summer of 2007...

Political Cartoon

Lisa Benson notes that European and Japanese leaders, such as Germany's Chancellor Angela Merkel, as recovering Big Nanny social net spendaholics, know better than to repeat the same failed Keynesian economic mistakes Obama and the progressive Democrats are imposing on future generations of Americans.


Quote of the Day

A professional is a person who can do his best at a time when he doesn't particularly feel like it.
Alistair Cooke

Musical Interlude: Chart Hits of 1978

Debby Boone, "You Light Up My Life"



Abba, "The Name of the Game"    (I marked for anything ABBA, before "Momma Mia")



Patti Smith Group, "Because the Night"



Boston, "Don't Look Back"   (my favorite Boston and driving songs)



The Commodores, "Three Times a Lady"

Longtime fans asked Richie on The Early Show who the woman was in his first chart-topper with The Commodores, "Three Times a Lady." Richie revealed the woman was actually his mother. Richie told the story of a speech his father gave one Thanksgiving, sentimentally thanking Richie’s mother for being an amazing lady, friend and person. Richie said the story inspired the song. Richie said, "Three times a lady -- (that’s) my mom."