The Fourteenth Amendment and The Next Justice

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Monday May 25, 2009 · 7:32 PM PDT

2009/05/25 · 19:32

With Justice Souter's retirement from the Supreme Court President Obama now has his first opportunity to nominate a Supreme Court justice. During the Senate confirmation process we are likely to hear a lot from the bobble-heads about women, Hispanics, gays, liberals, conservatives, originalism, strict constructionists, and most recently, empathy. These topics are intended to be a distraction. Instead of these phony concerns, the real issue that should be the deciding factor in selecting a Supreme Court Justice is how that person will interpret the Fourteenth Amendment. So-called conservatives have wrapped themselves in a cloak of radical judicial activism and rebranded it as originalism to advance not the text and purpose of the Constitution but instead their preferred policy preferences. By propagandizing their version of originalism as the only true method of Constitutional interpretation, they hope to prevent deeper public scrutiny of their reasoning that is not supported by either the text or history.

randorider

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Sunday March 22, 2009 · 7:22 PM PDT

2009/03/22 · 19:22

If you like statistical analysis (and I do) then 538 is a really good blog. The linked story has nothing to do with statistics but it explains something that I didn't understand about the AIG bonus fury.

http://www.fivethirtyeight.com/...

Pundits call it a bonus but the contract says the payment is not performance based, like you expect a bonus to be. The cash payment is AIG's guarantee to some employees who received a big bonus in the good times that they would receive equal compensation in the bad times if they stick around. This really sounds more like a salary with an employment agreement. Is this a distinction without a difference? I don't think so because not paying the compensation could fundamentally change the doctrine of employment at will.

randorider

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Sunday October 19, 2008 · 9:33 AM PDT

2008/10/19 · 09:33

I've stumbled on the prepared remarks of Sarah Palin, campaigning in Roswell New Mexico today. Tickets are required and the event is sold out, so this might be your only chance to see what she has to say.

randorider

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Monday September 29, 2008 · 4:31 PM PDT

2008/09/29 · 16:31

I was at the Obama website today making another donation, buying a tee shirt, and reading his speech from today in Colorado. I cruised around the site a bit and again was impressed with Obama's well organized and informative website. Then I though, hey, I wonder what McCain has on his website?

randorider

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Sunday July 27, 2008 · 6:33 PM PDT

2008/07/27 · 18:33

We intend to win Georgia!

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That's what Howard Dean said to a very energetic crowd yesterday when the Register for Change tour rolled into Atlanta yesterday. I didn't take great notes, or great photos, but I want to share my thoughts because this was an exciting event. It happened about 6:00 pm in Midtown Atlanta as thick storm clouds rolled overhead, but there were still about 300 people (my estimate) who showed up to see our DNC chairman and the new Atlanta Obama headquarters.

randorider

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Tuesday March 04, 2008 · 9:15 AM PST

2008/03/04 · 09:15

Blogger: Today we invited Devon the Constitutional Law Dog to the blog to explain the FISA bill that the House may soon vote on. Devon, thanks for stopping by. Can you explain the history of FISA to us?

Devon the Constitutional Law Dog: Thanks, it's a pleasure to be here. Many years ago, a tragic and evil person named Tricky Dick spied on Americans and his political enemies. He used the awesome power of the federal government to position himself and his fiends better politically. After Mr. Dick was sent to the doghouse, the congress passed a law that allowed the executive branch to go to a special court and easily get warrants to spy on people the president thought might do bad things. This FISA court reviews the reasons why the president wants to spy on people, and if the president has a good reason then the court grants the warrant.

randorider

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Wednesday October 10, 2007 · 3:28 PM PDT

2007/10/10 · 15:28

Why not Ron Paul as the Republican presidential candidate? I watched half of yesterday's debate and two things stood out to me. First, he is the least crazy of the lot of them. OK, I know that's not a high bar to jump. And it has been diaried here plenty that Paul has plenty of ideas that do not make him an appealing progressive candidate. But that's not what this diary is about. I don't want him as my candidate. I don't want him to be the president. I want him to help Democrats shape the political debate.

The reason is I want Ron Paul as the Republican candidate is that I think that he can help us change the debate in our country. All the other Republican candidates are going to be 9-11 all day all the time. Just look at them. With Rudi, for example, you get torture, bombing Iran, tossing prisoners in the black hole of Gitmo, secret renditions. Of the Republicans on stage yesterday, Paul alone at least had moments of reasonability.

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The Fourteenth Amendment and The Next Justice

AIG Bonus Probably Should Be Paid

Sarah Palin In Roswell New Mexico

McCain's Crazy Website

Change Comes to Atlanta

Constitutional Law Dog Explains FISA

Why Not Ron Paul?