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Saturday, October 08, 2005
Found at the Volokh Conspiracy (by Orrin Kerr), here's Arlen Specter on asking Harriet Miers about constitutional issues: "I did not ask her about it because I don't think she's ready to face it at the moment," he said. "Look, the lady was White House counsel dealing with totally other subjects until Sunday night when the president offered her the job. And Monday she's sitting with me. I'm not going to ask her questions which she hasn't had a chance to study or reflect on." I am not a constitutional scholar. In fact, I'm a thousand miles from being one. But I do have opinions on:- the expansion of the Commerce Clause to the point where you could drive a Mac truck through it (the one issue they touched on, though only for practice)
- whether the phrase "the right of the people to keep and bear Arms, shall not be infringed" is nebulous or clear as day
- whether one can credibly claim the Second Amendment is unclear but that the privacy rights "emanating from penumbra" of the Fourteenth Amendment are obvious
- whether further expansion of the takings clause would require scrapping the Fifth amendment
- etc.
It's likely, of course, that mine aren't the sharpest or most well formed opinions. They surely aren't the most researched. That said, as these issues have come up over the years, I've had occasion to dig out a copy of the Constitution, read the text and form an opinion. And I'm just a loudmouth with a blog.
Harriet Miers seems to be a bright enough person. Doubtless, she's hardworking. But that can be said of a lot of people. The bar's a little higher than this, though, if you want to be on the Supreme Court.
Maybe Miers meets that higher bar. I'm a little nervous, though, that the Chairman of the Judiciary committee didn't seem a little more eager to find out. One thing's for sure: If Harriet Miers doesn't at least know more about Constitutional law than Arlen Specter, she has no place putting on a robe for that bloviating body.
We shall see what the hearings bring. But my usual inclination to wait for Bush to outsmart his critics and pleasantly surprise his more nervous supporters is being sorely tested.
Kerr also worries that law professors may be too clever or outlandish to make a good justices, but at least they have something to say about constitutional issues. Shouldn't the next US Supreme Court Justice?
We shall see what tomorrow brings, but if it brought a Miers withdrawal, I would not be among those worrying that a nasty political culture had kept us from having the best and most qualified justices possible.
If Bush wants to really change the debate, energize his base and prove he's serious about staying relevant in his second term, he should withdraw Miers and nominate Robert Bork. Those hearings would be worth watching!
posted by gbarto at 6:31 PM
Friday, October 07, 2005
Throw the bums out?
It looks like a lot of our fine Representatives are doing the same thing Congressman Mike Honda did with my request about our district giving up some funding to help pay for Louisiana relief. Instapundit has updates here among other places.
posted by gbarto at 3:39 PM
Wednesday, October 05, 2005
It looks like the OK suicide bomber(s?) may have been going for a new 9/11 after all.
(Start at Insty)
Looks like we got lucky.
Fool and Americans...
I like the connections made, however: This guy went to Moussaoui's mosque and used Richard Reid's explosives.
Let us hope that all future bombers, too, follow in the Moussaoui/Reid mold.
A question: Have we just been lucky? Has the WOT driven the smart but deadly set back into the woodwork? Or has it maybe, just maybe, drawn out enough lunatics that Al-Qaeda's new worst enemy is fired up Islamist airheads who maybe not only detonate themselves prematurely but make it that much harder for the leadership to put together a core operating group that gets things done. Having served with well-meaning people on more than one or two committees, I observed that they frequently effected worse results than those in opposition could have dreamed of. Could our most potent weapon against Islamism be to create a sign-up drive for every second-rate Mohammedan with dreams of glory to do his part for the movement?
posted by gbarto at 8:31 PM
Tuesday, October 04, 2005
Mike Honda on Hurricaine Tragedy: Blame, not Sacrifice
Last night I e-mailed Congressman Mike Honda a nice letter about how bad I felt about the folks in Louisiana and how I hoped that he, as Representative of our district, would help. I then asked what items in the federal budget for our district might be cut or postponed to make sure that help would be on the way.
His response, reprinted in full:
Dear Mr. Barto:
My deepest condolences go to the victims of Hurricane Katrina, many of whom lost their lives, their homes and their livelihoods. Many of you have contacted my office, concerned about the well-being of your relatives, friends and communities from the Gulf Coast region. Please rest assured that I will continue to help you locate them and identify appropriate federal assistance programs.
The American spirit of generosity will be evident in the days to come, as communities in the afflicted areas come together and our American family offers assistance. The Santa Clara County Red Cross has arranged for many brave volunteers from the South Bay area, including several members of my staff, to travel to Louisiana and neighboring states to help with relief efforts.
The Red Cross website has more information on relief efforts, including the efforts of ordinary citizens. Relatives and loved ones who are struggling to cope with the disaster may also contact the Santa Clara County Red Cross to speak with a Disaster Mental Health volunteer.
LEGISLATIVE UPDATE I would like to take this opportunity to update you on several steps Congress is taking to respond to Hurricane Katrina. Congress is moving aggressively to help the victims of the hurricane, but Congress must also demonstrate true leadership by investigating the federal government’s abysmal response to this disaster and ensure that it doesn’t happen again.
Congress Passes Emergency Funding for Victims Last week, Democratic Leader Nancy Pelosi publicly called for a special session of Congress to send immediate relief to victims of Hurricane Katrina. In response, the U.S. Congress quickly passed an emergency funding measure that will deliver more than $10 billion for the people suffering in Louisiana, Mississippi, Alabama and in temporary shelters all across the country.
This week the House also passed an additional $51.8 billion dollars of aid to support the relief effort. The vast majority of this money will be given to FEMA, and a small portion will be used to fund the disaster relief work of the Department of Defense and Homeland Security. In addition, Congress approved emergency funds for individuals participating in the Temporary Assistance to Needy Families (TANF) program (H.R. 3672) and a bill to help students who were enrolled in colleges in the afflicted region (H.R. 3668).
Passage of these bills sends a strong bipartisan signal to the victims of this natural disaster that their welfare is a top national priority. The Congress must provide leadership in helping those displaced by the hurricane to rebuild their lives and communities out of the wreckage left in Katrina’s wake. In the weeks and months ahead, Congress will consider additional spending measures to aid victims of the hurricane. I will work to make sure that these bills provide clear and effective assistance at levels commensurate the challenges faced by the Gulf Coast region.
The indirect effects of this hurricane will become truly apparent in the days and weeks to come. Businesses will not re-open, schools will need to be rebuilt. Parents have been left destitute with their jobs and their homes washed away by the flood. Families have lost access to critical records and documents. It is the responsibility of our government to help the survivors of this disaster to rebuild their lives after this catastrophe. It is critical that we develop a comprehensive program of job retraining and economic incentives for rebuilding to help reconstruct the area destroyed by the hurricane. Through governmental efforts in conjunction with non-governmental organizations, we must provide assistance to the men, women and children whose lives were disrupted by this terrible tragedy.
Federal Response Begs Tough Questions Next week, Congress will begin hearings on the woefully inadequate federal response to Hurricane Katrina. While our priority right now lies in helping the people of the region, it is critical that we reflect on what went wrong.
On August 27th, two days before Katrina hit, President Bush established federal control over the disaster reponse by declaring a State of Emergency in Louisiana. The President’s declaration authorized the Department of Homeland Security and its Federal Emergency Management Agency (FEMA) to coordinate all disaster relief efforts.
FEMA moved slowly, failing to understand the gravity of the situation and to allocate the resources necessary to rescue victims and provide the essentials of survival. FEMA’s chief, Under Secretary Michael Brown, has come under particular criticism. The Under Secretary, who was appointed by the President, had no previous experience in disaster management before being named FEMA’s general counsel in 2001. Less than two years later, he was promoted to become the head of the agency.
FEMA’s slow response has proven to be tragic for the hundreds, if not thousands, of lives that may have been saved had FEMA performed more effectively. FEMA refused pre-storm offers by aid from government officials and organizations across the country, including New Mexico Governor Bill Richardson, Chicago Mayor Richard Daley, and the American Ambulance Association. Newly released documents indicate that FEMA did not place a request for Homeland Security employees to travel to the hurricane afflicted areas until five hours after Katrina hit land and then gave these reinforcements two days to get to the region. In interviews, the FEMA chief admitted that he knew nothing of the thousands of New Orleans residents that had gathered at the convention center for food, water and evacuation.
The American people deserve a well-qualified leader for FEMA. As you know, Under Secretary Brown has resigned from his position and has been replaced by David Paulison. I hope and expect that Acting Under Secretary Paulison will offer the strong leadership that FEMA lacked under his predecessor. He must be ready to make needed reforms within the agency and communicate to Congress and the President the tools and resources he needs to, once again, make FEMA a trusted and exemplary federal agency. In the meantime, I will continue to advocate for effective and unwavering Congressional oversight to ensure that future disasters are minimized and responded to successfully.
The Congress should also explore other policy issues that may have contributed to this disaster and the lackluster federal response, including:
* Cuts to the Army Corps of Engineers – The budget proposals which the President has submitted to Congress over the last 5 years have consistently requested cuts to the budget for the Army Corps of Engineers. The Army Corps of Engineers is responsible for work on the levees that have protected New Orleans for so long. Unfortunately, President Bush’s recommended budget requested reduced funding allocation to the Army Corps of Engineers, including cuts to the work on these Gulf Coast levees. The Congress should explore what impact these cuts had on the failure of these levees.
* FEMA Moved to the Department of Homeland Security - I joined with many Democrats to fight Republican proposals to move FEMA and the Coast Guard to the newly-created Department of Homeland Security (DHS). I believed that such a shift would compromise the non-security related duties of both agencies. FEMA has gone from being an independent Cabinet-level agency to an underfunded, isolated piece of the sprawling Department of Homeland Security. With DHS emphasizing terrorism at the expense of other threats, FEMA has suffered. FEMA’s poor response to Hurricane Katrina proves my worst fears. I recently cosponsored legislation that would make FEMA independent once again.
* Allocating Appropriate Resources – The Congress must provide as much funding as necessary to aid the victims of Hurricane Katrina. Non-emergency relief should be part of a comprehensive package of aid that helps provide new opportunities to low-income Americans and impoverished regions.
Risks Remain for California and the Rest of the Country Our country remains at risk from further natural catastrophes, as well as terrorist attacks. We must make sure that our response to future disasters is better than the lackluster response which followed Hurricane Katrina. Our own region, in fact, faces the potential of a similar disaster, and I demand that the government adequately prepare for this possibility.
In early 2001, the Federal Emergency Management Agency ranked the three most likely catastrophic disasters facing America: a terrorist attack on New York, a major earthquake in San Francisco, and a hurricane strike on New Orleans. The list has proven almost eerily prophetic, and so I am working with my colleagues to ensure that the Bay Area is prepared. In the wake of the levee breaches in New Orleans, one key area that we are looking at is the levee system in the Sacramento-San Joaquin Delta. A UC Davis study has predicted a 2-in-3 chance that a major earthquake or storm would cause widespread levee failures in the next 50 years. A major breach in the levees could imperil hundreds of thousands of people and endanger most of our state's water supply. A pending Energy and Water Appropriations bill includes $900,000 that could help fund a comprehensive review of levee risks and repairs.
As we respond to this tragedy, I will continue working with my colleagues to provide needed federal assistance to the people harmed by this disaster. As Americans, we have pulled together through tragedies in the past, and I am confident that we will demonstrate that same unity in overcoming the devastating effects of Hurricane Katrina.
Sincerely, Mike Honda Member of Congress I hate to reprint the whole diatribe but I feel it needs to be seen in full so that there will be no doubt: Congressman Honda's response to a heartfelt letter about how the 15th District could give back federal money to help Louisiana contained not one suggestion about his district sacrificing.
Poor show.
posted by gbarto at 8:40 PM
Monday, October 03, 2005
Damn straight.
(Short summary: It's hard to muster respect for a society where a guy who doinks his teenage sister enjoys more rights, privileges and protections than a genius with ovaries who picks up the car keys.)
posted by gbarto at 11:07 PM
Sunday, October 02, 2005
Suicide Bombing in Okalahoma
Diminishing returns for Al-Qaeda?or just a really screwed up suicide? During an Oklahoma University football game, someone (unidentified) blew themselves up near a packed football stadium. University officials and police are playing it like one of those weird things that happens and are taking precautions. There's just one troubling bit:
According to Flopping Aces, there's a connection everyone's missing. Zacarias Moussaoui and Mohammed Atta went to school in the same city.
So, is there a connection? According to this, the bomber was an engineering student. Maybe so. But I can't help picturing Officer Barbrady (of South Park) announcing nothing to see here. The same report tells us: Parkview Apartments, 606 Stenson Drive, and Ashley Apartments, 1415 George Ave., were evacuated at about 7 a.m. this morning and may be connected to the suicide bombing Saturday night on the South Oval. They were looking for car bombs, the update says. University Pres. David Boren confirms there was no second device, but others say they heard a second explosion, which was earlier attributed to the detonation of a suspicious backpack. And most of the news reports are claiming a pipe bomb while people present say the explosion was too big for a pipe bomb (too hot, too little left of the bomber). (WideAwakeCafe had the second link) So, was it a screwed up suicide? Or something more? We may never know. If we rely on MSM alone, we never will... unless an anti-Bush angle can be found.
posted by gbarto at 3:08 PM
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