Archive for the ‘ Politics ’ Category

Gill v. Office of Personnel Management

Complaint here. [pdf] Various plain­tiffs married to or formerly married to and now widowed by persons of the same sex under Massachusetts law after Goodridge filed suit in the United States District Court for District of Massachusetts yesterday (case no. 1:2009cv10309) directly chal­lenging the consti­tu­tion­ality of § 3 of the Federal Defense of Marriage Act, Pub L. No. 105–199, 110 Stat. 2419 (1996) (codified at 1 U.S.C. § 7) under implied equal protection afforded by the 5th Amendment’s Due Process Clause. (For those who aren’t aware, the “Equal Protection Clause” under which equal protection chal­lenges are most often raised is part of [ . . . ]

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Twilight of the West: Part 1

Things are . . . happening. Bad things. September 11 I thought about blogging on September 11, but I couldn’t think of anything new to say. That’s sad. Seven years, and nothing has gotten better. Nothing tall and shining has risen from Lower Manhattan except the same phantom lights that are dragged out every year to stand in for real honor. Politicians putting on a show, so they look like they’re doing something mean­ingful. The day has become a joke. An oppor­tunity for public displays of affected grief, vapid speeches about “never forget[ting]”, and other political grand­standing. What the politi­cians and the bureau­crats and the local [ . . . ]

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More on Gay Marriage

California Everybody’s got their knickers in a twist over the California Supreme Court’s recent ruling that Prop 22 (a popular initiative to enact a statutory ban on same-​​​​sex marriages) was uncon­sti­tu­tional under the California State Constitution’s guarantee of equal protection. The court declined to recon­sider, and also declined to issue a stay of its order directing state officials to stop denying marriage licenses to otherwise eligible same-​​​​sex couples. Apparently, same-​​​​sex couples started getting married a few days ago. My position on gay marriage is that equal protection does not, in this case, justify expanding the welfare state, because all (or very nearly all, more on [ . . . ]

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Sundae Specials (Initial Thoughts)

Gus Van Horn mentions the diffi­culty of arguing against the government’s use of behavior-​​​​modifying tech­niques in mixed-​​​​government contexts: Unfortunately, everyone is so used to the government owning the roads ... that few so much as bat an eye when they hear of the government looking for ways to psycho­log­i­cally manip­ulate people into doing its bidding. Indeed, in this limited context, it is hard to argue produc­tively against the government taking advantage of such knowledge about human perception. As a law student, this topic has caused me a great deal of concern over the past few months. I have wanted to write something about [ . . . ]

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The Office of the President

The President of the United States is not a man, but an office occupied by a man. And the office carries only those powers enumerated in Article II of the Constitution of the United States. §1 The Executive Power shall be vested in a President of the United States of America. . . . §2 The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive [ . . . ]

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Sterca Sanctus

I expected Huckabee would turn out on top of the Republican caucuses in Iowa. He won’t do so well in New Hampshire, at least. I’ve always said Huckabee was more fright­ening to me for the ideo­logical trends he repre­sents, not for the possi­bility that he might be elected. And I still am not too worried about that. What is inter­esting to me is Obama’s victory in the Democratic caucuses. The two most religious candi­dates won in Iowa. The eleven month long, slow-​​​​motion train wreck begins! Fortunately, Iowa has been off the mark as a November predictor for the past few cycles. I hope those ideo­logical [ . . . ]

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Things What Scare Me

It is difficult for me to express exactly how much this man scares me. Not just from a political stand­point, but as a person. Even the look of him portends terrible things. Perhaps he smells of doom. It isn’t even the possi­bility, however remote, that he might be elected that scares me. A theocrat at 1600 Pennsylvania couldn’t do so much damage as, say, a theocrat at One First Street. It would still be awful, but if putting up a theo­cratic government is your goal, the Oval Office isn’t the most effective route. What is really fright­ening about Mike Huckabee is that so many people — [ . . . ]

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