Posts Tagged ‘Amendment’

Pot-ential?

Friday, June 12th, 2009

Drug Czar

Despite Obama drug czar Gil Kerlikowske’s admonition that marijuana will still be federally outlawed regardless of the reduction of “war on drugs” rhetoric, there appears to be an increase in legal measures both at a state and federal level to legalize pot within the next few years, or at least severely reduce penalties for distribution.

According to SFGate, California’s budget crisis and increased public support are tipping the scales regarding pot legalization. The efforts include a July ballot measure in Oakland to create a cannabis tax category and hearings in the fall on a bill for decriminalization. The bill would allow limited cultivation, sales, and personal possession, but pro-decriminalization groups like TaxCannabis2010.org, estimate billions of dollars in sales tax revenue gain if marijuana is legalized.

Of course, even if California manages to legalize marijuana, the federal government still outlaws it. Activists hope that successful state initiatives will motivate change in the federal government, and the underlying states’ rights issue might set a tone conducive to the constitutional ideology of allowing states to grant greater freedoms to its citizens despite federal efforts to impose.

This dynamic is evident in the same-sex marriage issue today — some states are legalizing same-sex marriage while bills are being proposed in Congress to amend the U.S. Constitution to outlaw it. The concept of infringing upon freedom was played out to great detriment when the federal government passed the prohibition amendment, The Noble Experiment manifest in the 18th Amendment, later repealing it with the 21st Amendment. Today, marijuana legalization opponents argue that states’ rights should trump the federal government in issues like gay marriage, abortion, and gun rights, while arguing that the federal government trumps state sovereignty with regard to personal use of marijuana.

While this interplay carries on, the sting of the federal prohibition against marijuana has already become less severe with Obama’s new pot dealer policy. Last March, Attorney General Eric Holder announced that the feds would no longer raid medical marijuana dispensaries, and that states would be able to set their own marijuana laws. Regardless of such sentiment, the feds are still convicting and imprisoning dispensary owners.

According to the Chicago Sun-Times, in June, a federal judge in Los Angeles handed over a year and a day prison sentence to a medical marijuana dispensary owner as an act of leniency, instead of the mandatory minimum five-year sentence for dealing in marijuana. This perpetuates the state-given rights versus federal prohibition issue, but it does establish some precedent and indication that, as Kerlikowske suggested, the tone of the drug war is being overtly and quickly lowered. What to watch for next is if California does legalize personal use, whether the federal government will conform to Holder’s assertion that states will be able to run their own show with regard to marijuana law.

The DC Civil War Has Begun

Friday, May 22nd, 2009

As predicted by Marion Barry, the first volley of attacks has occurred in the DC battle over gay marriage.

The attack comes in the form of a bill with 30 initial co-sponsors, notably including Rep. Jim Jordan (R-Ohio) and Dan Boren (D-Okla.), that directly opposes the DC Council decision earlier this month to recognize same-sex marriages legally performed in other jurisdictions. The “DC Defense of Marriage Act” states that for all legal purposes, “marriage” means the union of one man and one woman. If it passes, it will undo the DC Council’s decision as well as preempt any DC marriage equality bill.

Conservative opponents of gay marriage in the District continue to claim that the majority of DC residents oppose gay marriage. Religious and other leaders plan to petition the Council for a citywide referendum. Again, the suggestion is made that a black-majority, traditionally made up of notably religious Democrats, opposes gay marriage and any attempt to recognize same-sex marriage from other jurisdictions. Until the referendum shows otherwise, that appears to be the type of hype and speculation that keeps naysayers like Bishop Harry Jackson of Lanham’s Hope Christian Church in the media spotlight.

Not only is this a gay rights battle, but it is also an example of the states rights conflict that sets DC apart from every other jurisdiction because, despite having a council, it lacks its own legislative representation. In other words, regardless of a decision made by DC local rules, the federal Congress can intrude with its own agenda.

Put succinctly by Jeffrey Richardson, president of the Gertrude Stein Democratic Club, a group that represents gay residents of the District:

The disappointing thing is that here we are fighting to govern and pass our own laws in the District of Columbia, and Bishop Jackson chooses to run to Capitol Hill to stand with congressmen to impose their will upon the residents of the District of Columbia.1

Of course, none of this will matter if Mr. Broun of Georgia, and company, get their way… (yes, unlikely in this Democrat-heavy Congress, but why again are we paying the salaries of people who waste time trying to pass such amendments when the economy is still tanking, people are still dying in distant and pointless wars, and so many other problems in this nation exist?)

May 7, 2009… Mr. BROUN of Georgia (for himself, Mr. CANTOR, Mr. NEUGEBAUER, Mr. TAYLOR, Mr. WESTMORELAND, Mr. JORDAN of Ohio, Mr. BURTON of Indiana, Mr. ALEXANDER, Mr. SOUDER, Mr. MCHENRY, Mr. FLEMING, Mr. PITTS, Mrs. BLACKBURN, Mr. MARCHANT, Mr. MCKEON, Mr. GINGREY of Georgia, Ms. FALLIN, Mr. HUNTER, Mr. PENCE, Mr. SCALISE, Mr. SHUSTER, Mr. WHITFIELD, Mr. TIAHRT, and Mr. ROGERS of Alabama) introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States relating to marriage .

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

`Article–

`Section 1. This article may be cited as the `Marriage Protection Amendment’.

`Section 2. Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.’.

  1. The Washington Post [<]

Police Hunt for Boy Fleeing Diet and Exercise

Thursday, May 21st, 2009

Forces nationwide on alert for mom, son who are on the run.
obese
(Image is ubiquitous, represents but does not depict child in question)

Health and faith clashed in the courtroom, with police on the lookout for a Minnesota mother who fled with her obese 13-year-old son rather than consent to a diet and exercise program.

A court-ordered BMI examination on Monday showed that Danny Hoosier is severely obese, with a score of 43, and that he would likely die from the symptoms of obesity if he did not receive physical and diet therapy.

Before she fled, Caileen Hoosier, a Roman Catholic, told a judge that she wished to treat her son’s obesity with spiritual healing methods advocated by an American Spaniard religious group known as the Nameless Band.

Danny has severe childhood obesity, a highly curable form of obesity when treated with a regimen of diet and exercise. But the teen and his parents rejected the regimen after a single workout session followed by having to eat broccoli. The boy’s mother said that exercise and putting healthy substances in the body violates the family’s religious convictions.

Authorities are alerting the public to report the mother and son’s whereabouts, if seen, and that they have frequently been sighted at McDonald’s drive-thrus. 1

Seems silly, no matter how you look at it, eh?2

Isn’t this mother’s action equivalent to post-partum abortion, or should parents be allowed to “care for” their children in whatever manner they feel appropriate? What do the Libertarians say about this?

In addition, isn’t it curious how it seems that religion gets a free pass in many aspects of law and society (e.g., tax breaks, requiring monotheistic belief for public office, hate crimes based on religion, general inability to criticize religion, lighter sentences), but when society doesn’t agree with someone’s specific actions, it condemns those actions, even if they were motivated by sincere religious conviction?

Broken down, here’s what it means: Religion does not give you a free pass. Accepted religion does. That means someone’s dancing a jig on the grave marked “R.I.P. First Amendment.”

Speaking of the First Amendment, does this case threaten to violate it in the reverse respect? In other words, by not allowing someone to practice their religion as they see fit (no matter how kooky we perceive it), isn’t that “prohibiting the free exercise thereof”? Heck, perhaps the First Amendment does need an overhaul. It obviously doesn’t take into account all the wacky religions out there, and all the wacky people who do crazy things in the name of their religion. What the Supreme Court and others say is, “Oh, the founders didn’t mean absolutely no prohibitions! There has to be some reasonable guideline to keep the kooks from doing really crazy stuff.” Hmm, I wonder who establishes those guidelines. Could it be… mainstream Christians?

Either we need to eliminate reading between the First Amendment’s lines, risking religious justification for all sorts of heinous acts, or we need to eliminate religion as a justification for any action. In other words, if an act is harmful, it’s harmful. If it’s not, it’s not. Religious conviction should not be able to adjust that fact.

UPDATE:

Believe it or not, my satire has manifested in reality.

From CNN:
Authorities arrest mom for medical neglect of 555-pound teen

South Carolina authorities have located a 555-pound teenager and his mother, who faces a charge of violating a custody order, police said Thursday.

obese-reality
Alexander Deundray Draper, 14, “is possibly at a stage of critical health risk,” social services said.

Alexander Deundray Draper, 14, of Travelers Rest, South Carolina, and his mother, Jerri Althea Gray, were located at about 4:30 p.m. near a laundromat in Baltimore, Maryland, by the Baltimore County Sheriff’s Office, said Matt Armstrong, a spokesman for the Greenville County Sheriff’s Office in Greenville, South Carolina.

“The understanding was that the individual was of the weight where it was decided by medical authorities that he needed treatment that was not being provided for by his mother,” Armstrong said.

Earlier in the day officials said the boy “is possibly at a stage of critical health risk.”

Gray was supposed to appear in family court Tuesday with her son and failed to do so, the sheriff’s office said. During the family court hearing, the boy was ordered into state custody because of medical neglect, as well as his mother’s failure to appear. The Department of Social Services then contacted the sheriff’s office, authorities said.

The warrant said Gray was served with papers Monday and told to report to court for a hearing in which the department would seek state custody of Draper. “The defendant has avoided the custody proceeding and has concealed the child,” the warrant says.

Wow. Or is this more satire? How can anyone be sure?

  1. Yes, this is satire. Yes, I have to say it. The real subjects of this insanity are Colleen and Daniel Hauser. Daniel has Hodgkin’s lymphoma, a highly curable form of cancer when treated with chemo and radiation. His parents did, in fact, reject chemo after only a single treatment, and now mother and son are on the run, and the court has issued an arrest warrant for her arrest. [<]
  2. Note that my perhaps even more subtle satire here deals with the fact that in the real case, the mother said that putting toxic substances in the body violates the family’s religious convictions. When I read the story, I wondered how much fast food the kid had eaten (and how much more he’ll be eating on the run). We’re constantly putting toxic substances in our bodies. Quite a bit of it is natural. What the mother really meant to say is that under circumstances of her choosing, she’ll allow her god to kill her child, because that’s what Jesus would do. Or Abraham. Or someone ancient. She shouldn’t interfere. Funny how she still manages to find a way to ingest food. You know, if God wanted her to survive, she wouldn’t have to eat food at all, or take any action whatsoever to preserve her own life. Fucking hypocrite. [<]

James Corbett Speaks at The Legal Satyricon

Thursday, May 14th, 2009

The Legal Satyricon (one of my favorite and engaging legal blogs) was fortunate enough to host recently sued California teacher James Corbett’s compelling editorial regarding the lawsuit one of his students brought against him for Corbett’s in-class, out of context statement that “creation is superstitious nonsense.” The suit was based on the theory that Corbett violated the Establishment clause, but Corbett ominously suggests that victories in such frivolous lawsuits would lead to chilling of teacher speech:

Every teacher in California (this was a federal case after all) now works with the knowledge that any student, at any time, and in violation of California law, can sneak a tape recorder into a classroom, record the teacher and use an out-of-context five second comment as a bludgeon to threaten, to intimidate and, ultimately, to destroy the teacher’s career and good name.

Read The Legal Satyricon’s synopsis of the case, and then read Mr. Corbett’s outstanding editorial, which I think I will print out and have framed.

WTF, Olbermann?

Tuesday, May 12th, 2009

Keith Olbermann tonight added a new feature to his Countdown show: WTF?

I mean, it’s called The WTF!?! Moment.

For the debut, he readdressed Carrie Prejean’s tragically famous emesis and her claim to “free speech.”

Some excerpts:

It’s no longer about her opinion, it’s about her.

God and Satan battling it out for the future of freedom of speech…

Where were God and Satan when you posed in your panties when you were a teenager?

Satan’s Wind!

You were not exercising freedom of speech during the pageant. You were an employee of usa inc, or donald trump inc, … the pageant people have the right to take that right away from you at any moment.

Cites First Amendment.

Clues Prejean in on the fact that employers don’t have to honor freedom of speech.

“I was punished for doing so.”

How exactly were you punished?

She assumed she didn’t win the pageant because of her answer.

Wah.

WTF!?!

The end.

Hope I captured the moment there. Prejean is definitely a good target for the WTF moment. As good as Ben Stein, but much better looking. Right? I mean, if you like viciously ambitious, Christian fundamentalist, artificially enhanced, mindless, hypocritical sellout walking vaginas. I think I’d rather screw one of those Japanese cans with lips things.