Suing The Toga Off Justice

On Tuesday, we will all be waiting with baited breath for the outcome of the mid-term election. But what most have missed in all the flurry of blue candidates, cantankerous pundits, erroneous negative ads, bad state amendments and many regressive tax increases is Amendment E in South Dakota.

In short, Amendment E will give South Dakotans the right to sue judges for misconduct.

While many questions over this might arise allow me to point out one reason the advocates for this Amendment feel it is necessary. They say it is because the current rules and regulations and oversight of judges is not working.

This is where I get rabidly libertarian.

An amendment is not what is needed nor advisble to correct bad actions. Legislation, yes. Correction of authority of boards of oversight, yes. But not a sweeping amendment voted on by Bubba of the Plains. This requires thought, experience and expertise most of which Bubba does not have the inclination to acquire.

We are beyond slippery slopes here. We are in a basket and no idea we are headed south. This trend of amending the constitution to enforce pedestrian views is wrong. Its fraught with majority bias and threatens the basis of the Constitution. And though we purportedly live in a democracy (its really a republic) what happens when Bubba develops and votes on constitutional issues is that anyone with a minority opinion gets trampled by might is right and there is no thought that EVERYONE at some point is in a minority and will need protection. But on to this crap amendment.

At the website for this amendment, they have an FAQ. And though there are questions posed there that ask things such as "will this amendment allow people to sue school boards and banks et al" the amendment supporters say no, that the language is clearly intended for judges only. However, it opens to the door for this to happen. Beyond that what happens here is that judges are now no longer able to deliberate with immunity. That immunity is allowed at all may stick in your craw a bit, but the reason for it is that in order for a judge to apply the law and the constitution to a particular case, often they do have to step outside of what Bubba wants. But it is the judicial process and its procedure that allows Bubba fairness when he needs it not just when he agrees with it.

Stephanie Simon of the LA times writes, "Under the amendment judges in the state could lose their jobs or assets if citizens disliked how they sentenced a criminal, resolved a business dispute or settled a divorce. 'We want to give power back to the people,' said Jake Hanes, a spokesman for the measure.

"A special grand jury would evaluate citizen complaints against judges — and judges would not be presumed innocent. Amendment E explicitly instructs jurors to 'liberally' tilt in favor of any citizen with a grievance, and 'not to be swayed by artful presentation by the judge.'"

I wonder if Jake Hanes ever read the Lottery? The people have no business having power over the courts. We are not as a mob fair and just.

Putting aside the obvious derailing of what the founding fathers envisioned for our judicial process and why, the far-reaching sticky thing about this amendment is that once amendments are established there are cases to try it for interpretation and precedent.

Also of concern with radical actions like this are the questions that they pose and yet there are no answers to. For example: How much malfeasance occurs in the courts of SD? What evidence is there that there is need for this amendment? What other actions could take place to correct what is seen as wrong? What do the current oversight mechanisms need to do a better job? Is a better job actually needed? What laws could be put in place to help avoid or correct judicial wrongs? (I thought appeals were in order) Are any needed? What are the stories, the numbers? In light of the number of cases heard what is the percentage of misconduct? Are they being committed by some of the same judges? Cannot those judges be removed?

Another point to be made here is that its really hard to get legislators to agree on anything, let alone unanimously, but by golly this Amendment has. All the SD leges are against it! All of them! That must say something!

Lady Justice has a sword for a reason.

Oh and as a closing note, this amendment is named the J.A.I.L. Amendment for the Judicial Accountability Initiative Law. My cockles are just cozy over it.

Another good link for info: Point of Law

Here is the amendment

Sailor Moon Live Action

Hattip to my buddy Tim at timtimmytimothy
Sailor Moon has a live-action 2 season version. Its so bad its good, says Tim. Watch at youtube. Double click on the above screen and rate it at youtube..or er...GooTube., as it could be known:)

RRRRRRRRRRIIIIIIICCCCCCCHHHHH

You knew it was bound to happen. Never doubt the creativity and dark humor of our dear Amuricans. Now available and at the latest bid of $228 your very own Mark Foley Action Figure. I thought the palm pilot was a nice touch...as it were.

Fantasy Congress?

NO not that type of fantasy but a real honest to goodness fantasy where you pick candidates and members of Congress. FANTASTIC STUFF for the geeks we are!

CLICK HERE

Harcourt/Brace and Kevlar

From Oklahoma City, Oklahoma:
It's the new hit country duo, Books and Shields!

This hillbilly, Republican Bill Crozier, a candidate for state superintendent of Oklahoma schools, has suggested that students use textbooks to block gunshots. He seems to have done a bit o' testing of his theory himself. Dubious am I that he tried all caliber of weapon on English Composition for Juniors, he did have possession of an AK47 and those shots fired did blast through the textbooks. Not satisfied that his theory was disproved, no, he then proceeds to get a Glock...then...

oh for god's sake

WHAT THE HELL AM I GOING ON ABOUT HERE? AMURICAH and the NRA, YOU GOTTA BE PROUD! WE'VE GOT A GUY RUNNING FOR A STATEWIDE OFFICE SAYING THAT THE BEST IDEA HE'S EVER HAD WAS THIS!? THAT THIS IS THE SOLUTION TO THE VIOLENCE IN OUR SCHOOLS!

BUT WAIT THERE'S MORE IDIOCY AFOOT! HE THOUGHT IT WAS SUCH A GOOD IDEA HE PUT THE WHOLE TEST ON VIDEO. IT'S ON TEE VEE NOW and THIS BOOB IS ON YOUTUBE, TOO! THERE ARE MOVING PICTURES OF THIS YAYHOO HOLDING AN AK47 AND SHOOTING TEXTBOOKS. YOU MIGHT ASK ABOUT THE WITNESSES, AND I LAUGH INSANELY, BUT OF COURSE, THERE WERE LITTLE KIDS AROUND! WE'RE TALKING THE WEST, HERE. MEN, GUNS AND THE BOYS WHO TAKE THEM TO SCHOOL. MANLY MEN WITH A MANLY SMELL.

ONE GUY WITH BILLY WAS LOADING THE AK47 AND DIDN'T KNOW THERE WAS ALREADY A ROUND IN THE CHAMBER, AT LEAST NOT UNTIL IT SHOT OFF! THIS, TOO, IS ON THE TAPE! HELLO? EDITING?

HAVE WE LOST OUR COLLECTIVE MINDS? IS THIS THE BEST CANDIDATE THE R's CAN FIELD TO RUN FOR STATEWIDE OFFICE OVER SCHOOLS? IS THIS THE REPUBLICAN WHO CARES FOR KIDS?

OH NEVER MIND THE R's IN THIS! IS THIS THE BEST WE CAN OFFER FOR THE SAKE OF OUR CHILDREN? OHMIGOD!


LIFT OFF AND NUKE IT FOR MORBID, FOLKS!

But lucky for those students in Oklahoma Sandy Garrett is running for RE-ELECTION. She is apparently the only woman in Oklahoma history to hold state wide office and the only woman to be re-elected 4 times. Oklahoma needs help if this is the case, but at least she understands that before bullets fly and books are used as shields, students need to be safe to learn. Education is prevention.

I'm just wondering what politically savvy Einstein sat with this yokel, heard his idea, scratched himself and said "Yup, Billy, that there idear is an E-lection winner." Read here for Your tax dollars at work!

and of course, go watch it here

Out Of Africa- adopting the future away

One has to wonder if this latest adoption of a child of Africa is signaling a trend and if so, what is it?

Is it the trend to recognize the need to put money where mouth is?
Does it portend that babies can be for sale?
Like Edie to Saffie's mixed race baby, is it a fashion accessory?
And why do the children beome absorbed into the parent's culture and not a reversal? Why not adopt a child of another nationality, but move to his or her homeland instead?

Comments?

3 Squares and a Cot

Under what conditions would you steal?

To feed your child, yes. To get medication for a loved one, yes.

But what if you had been laid off and could not find a job? Would you steal in order to be arrested so at least for 3 years you could have a roof over your head until you qualified for Soc Sec?

Well, at Barbara Ehrenreich's blog, she tells of just that:

"Talk about a cry for help: Timothy J. Bowers robbed a Columbus OH bank of $80, handed the money over to a security guard, and waited for the police to come and arrest him. In court on October 11, he pleaded guilty and told the judge that he would like a three-year sentence – just enough time to get him to the age of eligibility for Social Security benefits. The judge graciously obliged, demonstrating compassionate conservativism at its warm-hearted best."

See the rest here.

What? Me worry? Nah, conservative policies work just dandy!

Thought For The Day

When you pander your policies to a group in order to remain, or achieve power, you've already lost. This recent confession and broadcast of the conservatives distaste for the telebangelists, should be no surprise, but the telebangels have been the mother's milk for the Repubs. And if Momma ain't happy, then nobody is happy. Or as the saying goes, you gotta dance with the one that brung you.

The Repubs will fall and in pissing off the telebangels have created the impetus for a third conservative party, which could be seen as a shoe-in victory for the Dems...but never underestimate the power of theocratic fevor. Halliburton is building jails here in Amurica with no one to occupy them...currently.

There is no democracy in any religion. So religion all up in a democracy will not bode well.

I suppose we should parse what religion actually is. If you use the definition including "use of recognized practices and observances" that is where the religions and denominations declare distinctions intransgressable.

Distinctions from sprinkling to dunking; dietary laws to deaconship; personal revelation versus membership from moment of conception; intercessory prayer and forgiveness versus personal relationship; wine versus grape juice; high holy days or any day; Sabbath honor or shopping sales; speaking in tongues or just merely wagging them in gossip; robes or suits; men and/or women pastors; stoles or lapel pins; these will be the wedges of discrimination.

This is not about a big tent for all to come together. This is not about gathering in the fellowship hall for casseroles ad nauseum, this is about the cutting out of a large place for only those who know the secret handshake and then it will be only for those who have power to change the secret handshake.

This is not about rights but restriction. This is not about helping but harming. This is not about agape but animosity. This is not about Christianity but Corruption.

Coming Out Day Eve

This evening as I prepare my gayest clothes (read rainbow everything)for tomorrow's annual coming out day here in the U.S of A., I am mindful of why we must come out- because others cannot.

Sweden and Holland are reconsidering deporting Iranian LGBT refugees. If deported they will be killed. Its the law.

LGBT Iraqi's live in fear and warranted fear of the jihad to kill them all.

Poland has a new President, Prime Minister and boss of the conservative Catholic Party and they're all homo haters.

Russian nationalist protesters attacked lgbt activists.

Beltway Republicans live in fear as well.

And in the rest of the U.S. of A. many more cannot but, because those of us have and do come out this is what happens:

States that include sexual orientation in their hate crime laws:
AZ, CA, CT, DC, DE, FL, IL, IA, KY, LA, ME, MA, MN, NE, NV, NH, NJ, NY, OR, RI, TN, VT, WA, WI

States with no Marriage Ban:
NM, WY, WI, NY, RI, CN, NJ, DE, MD

States with approved LGBT marriage:
MA

States that allow LGBT joint-parent adoption:
CA, MA, NJ, NM, NY, OH, VT, WA, WI, and the D.C.

States with Non-Discrimination protections:
CA, CT, the D.C., HI, IL, MA, ME, MD, MN, NE, NM, NY, RI, VT, WA, WI

Proven Results.

Until we are a force to be reckoned with we will never make the gains we want.
We must push, we must shout, we must come out.

Emergency Contraception and the murderers

Here is an interesting post by Biting Beaver. More than interesting it clearly cites the issues we Amuricans parse hypocritically about life and its value. The language in the Beaver's post is stark and angry, but nevertheless thoughtful and poignant. The death threats she has received over this are disturbing and wildly hypocritical. Many would argue that she too is hypocritical...but that depends on definition of life and the rights of the female.

And that my friends is the crux of the argument. The rights of the female. Read on. And while you're at it check out Ms. Magazine, too.

44 Subpoenas

I'm just sayin'.

Texans, Assholes, and Molly

All Beach and No Ocean

Global Warming...2100 C.E. 1/3rd of all earth in drought. Desert. No food. No water. No chance of either. And its all in developing countries. Developing countries whose resource developed countries rather enjoy exploiting. Sand. Lots and lots of sand covering up those resources we so value and exploit developing countries for.

Maybe when the actuaries get around to calculating the cost of extracting said resources from beneath the billions upon billions of acres of beach or the sheer impossibility of it, the industrialists will turn their attentions to conservation.

Nah.

Lots of money being put into independent research for life off-world. Wonder who funds this or that?

The Women's group has a great rundown of national and international involvements here

To Catch a Predator

Arrest him already! Foley, has been caught up to his elbow in the cookie jar and yet unlike the men of "To Catch a Predator" on NBC's Dateline, he has yet to be arrested.

Justice is merely a goal here in the good ol' US.

I miss George Allen...wonder what he has said lately?

As Frosh, Foley Was Trouble

"In 1995, male House pages were warned to steer clear of a freshman Republican from Florida, who was already learning the names of the teenagers, dashing off notes, letters and e-mails to them, and asking them to join him for ice cream, according to a former page." See Washington Post article in full here

Earlier Posts:
Close Your Eyes and No One Will See You

3 Party System

If World Net Daily's fuming over this latest sting to moral muscle is any indication, I think we should easily anticipate a third party emerging. I can't say as I blame them. We need three parties maybe more and we need a parliamentary system, I think. But a party of religious zealots? Shiver me timbers!

What will the name be? GOP is already taken. Moral Majority won't fly, it's passe. Feel free to offer names.

Babes in Gunland

Nah, we don't have a problem in our schools. Gay baiting is not an issue at all. Besides it's what kids do. Right? Nope not at all. A young boy in Wisconsin recently shot and killed his principle. What I heard on National Public Radio this morning is that the child was repeatedly gay-bashed, called fag and faggot, and when he reported this to the principle, nothing was done. My guess is that he suffered a bit more from school mates, too.

So the kid shot him. Once in the head, then chest and then leg. The man died of his injuries.

Bashing happens consistently, pervasively. And seldom is anything done about it. In all the school shootings perpetrated by students the most common thread was gay-bashing. Whether the child shooters are gay is beside the point. What is the point is that child on child and teacher on child gay-baiting has to stop.

Children are dying for it to stop.

Rolling Back the Clock of Progress

This week past week saw assaults on our constitution that may be irreparable. From the Public Expression of Religion Act to the recent Pro-Torture bill, our constitution is weakened and due process is a thing of the past.

Since the Magna Carta, the Writ of Habeas Corpus has stood the test. When the King was able to throw anyone into the gaol without due cause, Habeas Corpus was the call from the bench. "Show me the body." In other words, present the accused and let us hear the body of evidence.

Detainees, for whatever cause, should have their day in court. Why, you may ask? Because we could be wrong about why they are there. We do not have to be right, by the way, without the Writ. There will be no proof, no hearing, no evidence needed without the Writ as a standard. It is what makes justice possible. It is what holds us accountable to one another. It is what makes us a just a free society. But it is no longer untainted. Once compromised, it can be again. If anything justifies the weakening of it, then anything can from here on out.

Now, want to sue someone for a constitutional infringement of your beliefs? Well be prepared to pay. No more, or at least alot fewer, cases will be taken on contingency. The Public Expression of Religion Act, which passed the House this week, says that if a plaintiff wins a case, the attorneys can no longer sue the losing defendant for fees.

If your rights are impeded, I hope you are rich. The poor or rather, the 80% rest of us, will merely have our rights trounced upon with little to no support to fight back.

Oh yeah and in case this slipped by you, we legislated ourselves the right to torture. The media has been concentrating on the technique of waterboarding like it was the only abhorrent means of torture, like maybe beating, holding stones over your head for hours at a time, starving, light and sensory deprivation, drugs, electric shock, are not worth mentioning. What we have done here is try to define, measure or otherwise quantify pain and punishment. One degree less than whatever causes severe mental pain and long term suffering is not torture.

And to whit, just how do you teach the recognition of that degree to folks who generally do not have education in biology, anatomy, psychology, and who in the moment of exacting of this punishment are likely to not care anyway?

It is perhaps worth noting that we discuss and debate torture as an impact on the tortured without EVER considering the box of demons we unlock for those who do our bidding.

Torture is not a deterrant. It is not a construct and those at either end are not merely agents of that construct. Torture happens to all in the room.

It is you and me abusing each other, rendering us broken, disabling and killing one another.

Close Your Eyes and No One Will See You

Well with all the hubbub about Congressman Foley and the "overfriendly" emails to pages who were minors I thought it best to post a link to a very good book on how to I.D. a pedophile.

This idea that covering up this kind of thing will work has got to be one of the bigger d'uhs of our time. Actually, the thought that one can get away with anything outside the law is insanity in action.

As for an explanation for why the Congress hid this, it would seem to be the Administration's practice. In April of 2006 Brian Doyle, an appointee to Department of Homeland Security, was arrested. He had been caught soliciting a 14 year old female online. But the 14 year old actually was an undercover cop. In September, he pleaded no contest and though he could have served life for 23 felony charges he now only faces up to 5 years in a Florida prison but possibly on probation for years after and must register as a sexual offender. He's 55.

At his age, how long has this been going on? The internet chats were graphic and he stated he had a alot to lose. The reality is that he already lost it years before when this started and did not seek help then. The same will probably be said for Congressman Foley. It is alleged that this had been going at least since 2001. This is when other Congressional members knew about it. But chances are others knew even earlier.

Shoes on other feet

If the shoe was on the other foot...

To argue with an idealogue is mostly time wasted. Fact has little effect on a true believer, no matter what constitutes that belief. For if fact were needed for belief, then no belief would remain. If belief were all we needed then fact would not be sought. Belief is the opposite of fact and visa versa.

But for those who have been seeking a response to the ludicrous and poor "studies" (read beliefs) classed as the Homosexual Agenda, Box Turtle has the answer.

Here is the link to the pdf

Worth a read.

Who's Gonna Clean Up This Mess?

Well this certainly has been an exciting week. A bit over a month till the election and damned if the sins of yore and the skeletons of predeliction haven't shown the party of morality to be the swiss cheese of hypocrisy.

We've got sexual predation, good ol' white sheet rascism mixed with who's your momma really, and catastrophic incompetence. Why it's the trifecta of hubris! ding ding ding! We have a winnah!

Folks, the nation's leadership is so Tom to their own Jerry that all we have to do is sit back and play violins.

But despite the mild joy of watching those corrupted by their own absolutism, there is a lingering, niggling concern.

What is the plan to rebuild? What will the Dems do when there is nothing but skidmarks from the constitutional backpeddling?

I totally get the idea of waiting till the R's eat themselves in frustration over this collapse, but is there a plan to roll out? Is there consensus? Is there any leadership?

Who is the voice of reason? Who is the visionary? And are they here now?

Who will step into the void and lead us to where we as a nation should be?