Saturday, June 28, 2008

SCOTUS is broken

Unless you lived in a cave this week (lucky you!) -you have heard about that the vaunted nine judges in black robes handed down a couple of decisions as their current term closed. I shall focus on two of the decisions to illustrate my frustrations.

1) In Kennedy v. Louisiana - The death penalty for child rapists was held to be unconstitutional. The case stem from a step-father raping his eight year old step-daughter. This crime was violent to the point the little girl had to have emergency surgery to put all of her parts back in the right place. Dirtbag lived in a state that allowed, though did not mandate, the death penalty for rape of a child under 12.

The court found that it was a violation of the Eighth Amendments ban on 'cruel and ununusual' punishment. Now, I will grant you that 'cruel and unusual' is in the eye of the beholder. But, we know the death penalty is not 'cruel'. How do we know this? Because we have the death penalty in this country. It is allowed by SCOTUS, hence, by definition, it is not cruel. Is it unusual? The public says 'no more unusual than the rape of a child.'

But this is how they approached it, as the majority opinion stated, as the basis for their ruling: "The death penalty is not a proportional punishment for the rape of a child."

What? Really? SCOTUS is in a position to decide that? I think not. The people, through our elected representatives beg to differ. The people of Louisiana felt it was completely proportional.

Another gem from the ruling: "After reviewing the authorities informed by contemporary norms, including the history of the death penalty for this and other nonhomicide crimes, current state statutes and new enactments, and the number of executions since 1964, we conclude there is a national consensus against capital punishment for the crime of rape."

Huh? We do not want the court deciding 'National Consensus'. That, again, is what the ballot box is for. Voting is the perfect tool for determining 'consensus'.

The court also said that this case violated 'evolving standards of decency'. Again - ever hear of the ballot box. Are we too stupid to recognize the 'current' standard of decency?

So, this is what I see as the major malfunction in this ruling: SCOTUS took what should be an issue left for the ballot box - told us that voters are clearer either too stupid, too blinded by revenge, or too mis-informed about the 'rest of the world' to decide such an issue. I say 'bull-pucky'. SCOTUS should leave this type of decision to US. We can decide what is 'proportional', 'decent', and express our 'concensus' without your help.

2) - Overturing the DC gun ban (Heller v. DC). The real issue was whether the Second Amendment (which, btw, comes right after the First) spoke of an individual right or a collective right. Now, I have held for a long time that this was a b-s issue. The only reason this 'collective rights' argument got hatched: some people do not like guns. Period. They don't like the result (armed citizens) - so they have to attack the underlying right. The only way to that: do what liberals always do: re-define words and phrases to mean something else. 'Taxes' become 'contributions' is my favorite.

Now, one of my issues with this ruling: the fact that four of the justices dissented. My God! How fully has politics invaded the court!! Having read the opinions and the dissents - let me say this about that: The dissenters just don't like guns - and (wrongly) think more guns cause more crime. They started there - and worked backwards. They attempted to frame their dislike in legal mumbo-jumbo. But, in the end, their anti-gun bias shines through. The arguments, with few exceptions, are so weak that I am suprised they actually put them on paper. Scalia did a great job of slamming them down.

The other thing that makes me sad concerning this - the fact that we had to have a case before SCOTUS at all. The fact that we have people in this country who hate liberty (other peoples's) to the point where they are willing to act like they really believe on of the Bills of Rights actually refers to the right of the State.... Are you kidding me?

Thursday, June 12, 2008

Restaurants, markets pull tomatoes in salmonella scare

You have got to be kidding me! Thus far - a total of 150 people have gotten sick NATIONWIDE. Think about that - One Hundred Fifty out of 300,000,000+ folks in the US. And for this we pull tomatoes from all food service outlets? My daughter, in her own special way, noted '150 people sick! Let me know when 10,00o people have DIED - then I will take notice.

Banning actual tomatoes is bad enough - but I can live without tomatoes. The real outrage is that people are also refusing to serve Salsa. OMG (for those older than 19 - OMG is texting shorthand - it is roughly translating - You have go to be F-ing kidding me!) This salsa ban has serious personal consequences for me. Not that I care about salsa itself - but what the hell will I eat while swilling my Corona while I am cleaning my guns? This leads me to the true horror story - what if they banned LIMES? I doubt I could find the strength to go on living. But I digress.

Let's explore the REAL reason for this tomatoe ban (you say tomato, I say Lycopersicon Esculentum). Now, the naive among you (you know who you are -- you voted for Al Gore) you might believe it is a concern for public health? Hah! The real reason is more nefarious. It is LAWYERS. Restaurant owners are scared to death about getting sued because some poor schmuck gets the runs after consuming some tomato based product.

I think we should have a big strategy session for 100s of trial lawyers so they can figure out the best way to sue everyone. I submit the following suggestion for a menu:

Drinks - Bloody Marys made with freshly squeezed tomato juice.
Appetizer - Freshly made corn chips with fresh salsa
Soup - Tomato Leak soup
Salad - Tomato and Mozzerlla salad
Main Course - Fresh Tomatoes stuffed with chicken salad. (As an added bonus, the tomatoes should be cut on an unwashed cutting board - 2 hours after the fresh chicken was processed.)Dessert - Sweet baked tomato (a sample recipe can be found at http://www.recipezaar.com/123015 )

We have gotten soft and weak in this country.... 'OOO mummy I touched the bathroom doorknob' --'oh dear sweety - use this hand sanitizer which mummy always keep in her purse. Thus assuring you won't have a functioning immune system when you get as old as mummy' . (With credit to George Carlin).

America - Harden the F up. (with credit to Ronnie Johns as Chopper Reid)

Monday, June 9, 2008

How high will Gas Prices have to go....

Before even the liberals in Congress remember that we have our own oil? Apparently, $4.00 is not high enough. 5,6,7...?

Now, before you get your collective panties in a knot - I will concede that fossil fuels are not a permanent answer to our energy problems. Even with the Billions of barrels locked up in ANWR (even though the Alaskan people WANT us to drill), or the Billions of barrel in the Gulf of Mexico (That the Chinese are already drilling...like 60 miles from our shores), or the maybe Trillion barrels locked up in Oil Shale -- EVENTUALLY we will deplete those sources. Now, how long it will take - 100+ years - who knows. Point being - we can start getting to those resources NOW.

Even if we annouced we were going to open up ANWR or off-shore today - the price would come down tommorow. Just the emotional response would drive the price of oil down.

But - I guess the spineless DEMS (and RINOS) in Congress would rather keep gas prices as an issue - that they hope they can blame on Republicans that actually do something about it.

And we, the sheeple, will just sit on our asses and accept it. We are truly getting what we deserve. We want to bow to the alter of B-S global warming and trying to 'protect' the environment from technology (anyone ask the Caribou how the Alaska pipeline worked out for them --- should be easy - there are LOTS more of them than there were before the P/L opened) that we are willing to let China drill for oil 60 miles offshore while we sit around and whine about gas prices.....

Someone has tried to do something about it..
http://www.americansolutions.com/actioncenter/petitions/?Guid=54ec6e43-75a8-445b-aa7b-346a1e096659

Words and Phrases which I do not like.

As a virgin blogger - I thought I might introduce you to how my brain works. (Well - at least to the limits of my self awareness) by listing some words and phrases that, if they don't piss me off, at least annoy me.

1. Sensitivity (or any variation of 'sensitive'). We are way to hung up on people being 'sensitive' to other's malfunctions. We should all toughen up - and stop worrying about my lack of sensitivity.

2. Self esteem. This is worse than sensitivity. We are killing our kids motivation and personal initiative with this misguided notion that 'I breathe, therefore I should have self-esteem'. We should be teaching them that 'I work hard, try my best, and push myself' - then you DESERVE self-esteem. Sitting around bitching about not having self-esteem - or blaming your low self-esteem for every stupid decision you make is 'way' lame.

3. 'Deal with the past' - a.k.a. 'Closure'. You get 'closure' and 'deal with the past' by realizing that it is that 'the past'. Learn from it, realize it IS the past, and move the hell on. Life is unfolding in--front of you ..... the past-it is the rear-view mirror.

4. 'Man-made global warming'. This whole concept is bull-shite. There may be global warming - but man did NOT cause it. It is part of the natural ebb and flow of the planet. It is hubris of enormous proportions for us to think that our aerosol deoderant, automobiles, and cow farts (caused by us eating meat) has more effect that the sun, natural weather patterns, and volcanoes have on the climate.

5. 'Sustainable' - as 'sustainable energy supply'. This is the misguided notion that we can find some way of powering our economy without: gasoline, oil, natural gas, coal, ..... or nuclear. Which leaves solar, wind, and biofuels - none of which has the energy density, combined with a workable technolgy, sufficient to do the job. Nuclear is the clear long term answer. Jeez the FRENCH can do it --- and if we can just run the enviro-weenies out of the country - we could too.

6. 'Sharing' - as in 'I have something to share with you'. This is polly-anna crap. I do not 'share' - I tell you things. It is an information exchange - not an excercise in personal growth. If you think you have something to 'share' with me -- do me a favor, and just 'tell' me instead.

7. 'Rights' that impose burdens on others. Things like a 'right to health care', a 'right to a college education', or a 'right to retirement security'. These things are not rights. RIGHTS, as outlined in the constitution, DO NOT place burdens on others. My right to free speech does not burden you with having to listen to me. My right to pursue my own happiness does not burden you with the obligation to provide said happiness. If someone else has to fund your 'right' - it is no longer a right. It has become your attempt to pick someone elses pocket.

8. 'Zero Tolerance'. This is a brain damaged attempt to control behavior that we deem offensive by saying that we have 'zero tolerance' for it. This policy has led to some interesting results. My favorite - kids (2nd graders) getting suspended for drawing a picture of a cowboy holding a gun. This, of course, violates the zero tolerance policy on firearms at school. Or, an honor student getting suspended for bringing a plastic knive to school to cut her apple. This is an obvious and grave violation of the zero tolerance policy as it applies to weapons. What 'zero tolerance' actually applies to is 'zero tolerance for making lame-brained school administrators exercise even an iota of something we used to call 'judgement'. If you have a blanket policy - then the morons that run the schools can wrap themselves in the warm blanket of zero tolerance - and hence avoid having to make value judgements about the intention of a 2nd grader.

Ok - I think you get the idea!!