Tuesday, March 26, 2013

CRASH: On "Executive Nullification", DOMA, and Prop 8

Aside from whether the Supremes will find a new "constitutional right" for "gay marriage", there are some extremely important issues before them regarding separation of power. 
Today’s arguments deal with Prop. 8, which Jerry Brown refused to defend in court. Tomorrow’s arguments deal with DOMA, which Barack Obama and Eric Holder refused to defend in court. Indeed, Obama is sending in his Solicitor General to argue for DOMA to be struck down — and his argument, carried to its logical conclusion, would lead to gay marriage being legalized in all 50 states.
The immediate issue is whether lawyers not representing the State of California (for Prop. 8) or the United States (for DOMA) have standing to defend legislation when the executive has decided they will not. If the Supreme Court ultimately holds that the groups now defending DOMA or Prop. 8 have no standing in court to defend the measures, it would essentially confer a backdoor executive veto on any legislation that an executive doesn’t like. You disagree with a law? Don’t bother engaging in the political process and trying to get it overturned. Just wait until your guy sits in the governor’s office or the Oval Office, and have someone bring a lawsuit.
Your guy will refuse to defend the legislation, and BOOM! you’re done. The lawsuit wins, the legislation gets invalidated, and there’s nobody around with any right to complain about it. Easy as pie!
I agree with this, and note that there are several really important issues balled up in this case, besides the issue of “gay marriage”.

The concept of “nullification” has a lot of costs/benefits, and I’m not sure how they would weigh out in the end. But what Brown and Obama have done sets a very dangerous precedent for “executive nullification”. I don’t see any natural limit to how far down the governmental ladder that goes.

Nor do I see how you have a “law of the land” concept operative under it, since executives in each jurisdiction could readily decide differently which laws they would enforce (i.e., sheriffs).

Saturday, March 23, 2013

BURN: Poor, silly little rich girl(s) burn millions of watts for "Earth Day"

Emma Watson (or should that be watts-son?) and a gaggle of other foolish, rich girls (and boys) took off their clothes for an "Earth Day" promotion.

In the process of earning fame, and a BIG fortune in the Harry Potter franchise, Ms. Watson was involved in one of the MOST electricity-intensive industries on the making.  She and her unclad buds also burned millions of candlepower in creating their "Earth Day" flacking book.

This is self-parody in the nth degree.  Watson is a very young lady, and therefore given some leeway.  Still...just damn.

"Earth Day" and "Earth Hour" are celebrations...not of "Earth"...but of Druidism and the Luddite cult that HATES rationality and the Enlightenment.  Electric power is THE most important technological boon to humanity in the last century, surpassing even the vast benefits in medicine, flight, etc., that human invention and rational science brought us.

"Earth Hour" is the most vain, vacant, and stupid expression of the religion of "green goo" to date.  It...and those who flack it...should be mocked for the boobs they are.