Constructively Reasonable

Outrage at Our Sorry Court

noreply@blogger.com (Constructively Reasonable) — Tue, 17 Mar 2009 05:35:00 +0000

The Colorado Supreme Court has marked itself again as the most partisan court in our nation. When it had the chance to choose the constitution or cash-- it chose the cash. I have not been this outraged at our court since last summer’s land-grabbing decision in the Telluride case. News coverage here and here. Mount Virtus also had an excellent post on this case.

Today’s case is Mesa County Board of County Commissioners v. Ritter (slip. op. 08SA216) (this was the first site to have the full opinion).

The Colorado Supreme Court was asked a simple question (paraphrased): Whether SB 07-199s constitutes a “tax policy change” resulting in more revenue for the government, and thereby requiring consent of the people under article X, section 20 of the Colorado Constitution (The “Taxpayer Bill Of Rights” or TABOR).

The Colorado Constitution is clear: when deciding if something is tax policy change, the presumption favors the lower taxes ("[i]ts preferred interpretation shall reasonably restrain most the growth of government." Colo. Const. art. X, § 20(1)).

The majority chose to ignore this mandate of the constitution and instead put one of the most onerous standards of proof on the tax payer: beyond a reasonable doubt. (See also Barber v. Ritter 196 P.3d 238 (Colo. 2008)). As you fans of Law & Order know, BRD is a very difficult hurdle to clear-- indeed it is easier for the state to take your children away (clear and convincing evidence) or make a corporation pay millions of dollars if their product kills people (preponderance of the evidence-- more likely than not).

The majority chose to presume that the tax change was constitutional. Justice Eid, the only rational voice on the court, put it best:

“In my view, the presumption of constitutionality cannot be used as a cover to excise article X, section 20 from our Constitution. The wisdom of that constitutional provision is a question for the voters, not this court, to decide.”

Now to the heart of the case: TABOR requires a vote of the people for any tax policy change that results in a net gain for the government. Put simply the government needs to ask before taxing more. (See Colo. Const. art. X, § 20(4)(a) and §20(7)). Attorney General Suthers, on behalf of the people, argued that the plain, easy meaning of the text be given full effect. If the government wants money, then it should ask, as our constitution requires.

But the Colorado Supreme Court did not want to read the plain meaning of the text-- they wanted the money for the state. The majority chose to not read the text with specificity (a shock to anyone who knows lawyers: what? Read a word loosely? What lawyer does that?). Further, the majority cared more about the “practical” effect on government-- that it would be difficult to raise taxes otherwise. That is precisely the point of TABOR!

Justice Eid’s final words on the case are perfect:

“The purpose of article X, section 20 "is to require that the voters decide for themselves the necessity for the imposition of new tax burdens." [. . .] Today the majority deprives the voters of this opportunity regarding SB 07-199. I therefore respectfully dissent.”

Except I do not respectfully dissent. I shake my head in shame that our highest court is so partisan as to ignore the constitution. They would make Justice Taney (who wrote Dread Scott) proud.

Song of the Times

noreply@blogger.com (Constructively Reasonable) — Tue, 24 Feb 2009 05:27:00 +0000

Ever since the Great Pork Bill of 2009 was signed in the building where I learned about mummies, Pluto (when it was a planet), and dead wildlife, I have had the following song stuck in my head:

Uncle Sam
Julissa Neely

Yeah you're dying at my feet
I am dancing in this flame
I've got my piece of candy
I hear your sad refrain
America I love you
I'll bum the old red white and blue
I'll take what's yours
I'll get what's mine
I'll buy the party line

We will thrive we will survive
Technology will save our lives
Goodbye to mom and apple pie
We'll dish it up until we die
If I can keep my piece of candy
The government will save me
And Uncle Sam, he's my man
He's gonna raise my baby

The president feels my pain
He cried on TV today
He knows I'm not to blame
Those dollar signs will change me
I'm living in the land of shame
Where the paper work is in place
In a modern bureaucratic way
Lord It will be my saving grace

Democracy will save my soul
Hallelujah let those dollars roll
I'll hitch a ride on the gravy train
It'll be my resurrection day
As long as I can keep my piece of candy
The government will save me
Uncle Sam he's my man
He's gonna raise my baby

In the land of the free and the home of the brave
I'll be dancing on your grave
Goodbye to mom and apple pie
We'll dish it up until we die

If I can keep my piece of candy
The government will save me
And Uncle Sam, he's my man
He's gonna raise my baby

Sung by Julissa Neely, a Christian pop singer, the song appeared in 1999 on her sophomore (and best) album Higher Ground. Obviously, the song was about the Clinton administration ("the president feels my pain/he cried on TV today") but applies just as much to the infant Obama administration.

AntiGun Legislation

noreply@blogger.com (Constructively Reasonable) — Sat, 21 Feb 2009 00:21:00 +0000

This bill has been largely ignored lately, so I would like to bring the topic back up again.

HR 45 would radically increase the regulation of firearms and firearm sales. The highlights include:

A written examination requirement for buying firearms (yes, this works so well for driver's licenses)
A purchaser must release all of his medical records to the federal government (so much for privacy)
A two day waiting period
Creates a national database of firearms owners

Now, I will refrain from examining the merits of such silly gun regulation. What is more important, as Rocky Mountain Gun Owners points out, is the idea of compromise. Be also weary of less visible means of regulation. The anti-gunners (this bill was brought by an Illinois representative, big surprise) know that this level of regulation will not pass Congress. So what are their options?

I. Be Wary of Compromise

They can hope for compromise. The NRA has not exactly been the sentries they claim to be on gun rights. Sometimes, in the name of political pragmatism, the NRA has compromised when faced with extremist anti-gun legislation. Rather than hold the Congress' accountable to the voters (who would, in large part, be against such a measure), the NRA has backed down.

Are no-compromise groups like the Gun Owners of America the answer? Possibly. The no-compromise stance is proper whenever the anti-gunners out there seek to restrain the right to bear arms. Thus, there should be no compromise on HR 45. However, when seeking to expand (or, rather, retake) the right to bear arms, the NRA's style of incremental steps works better. Learn the lesson from the left: little steps lead to big changes over time. Our country did not turn semi-socialist overnight-- it took years of dedication from the political left.

So, stand firm when facing restrictions, be willing to compromise to get the territory back.

II. Be Wary of Regulatory Agencies and State Action

Where else can the anti-gunners hope to find more restrictions on our 2d Amendment rights? They can look to regulatory agencies and the states.

Ever since the election of an anti-gun president and legislature, the fear in the gun stores has been a return of Assault Weapons Ban. HR 45 would seem to be the start of such action. However, the same could be accomplished by simply giving the BATFE and others the ability to further regulate.

Here is an example. Currently, the BATFE must pass on every single gun model proposed to be offered for sale in the US by a foreign manufacturer. One of the most popular gun makers is Glock (from Austria). Many models of Glocks are available in the US, but some are difficult to obtain (i.e. the 25 and 28) because they do not fit the "sporting purpose" mathematical formula of the BATFE. If the BATFE chose to make the requirements more stringent, then they could ban more guns (note that Glocks, XDs, Taurus guns, and many Springfields and Smith & Wessons are imported).

California, Illinois, and Maryland have instituted similar back door bans via regulation. The most onerous examples are requiring every gun to be test fired and the bullet kept at the state's investigative bureau, requiring "microstamping" of every case fired in a gun, requiring "smart guns,"adding CCW permit holders to be registered in the state's crime information center (similar to the federal "NCIC"),high registration fees, "waiting periods" (like a sociopath cannot be patient), etc. Further, home rule cities often have even more restrictions (think Chicago, and, until recently, DC).

Thus, the danger of gun regulation lies beyond the visible actions of Congress. Indeed, the Assault Weapons Ban was a terrible political move for the Democrats last time. Therefore look for extreme positions followed by offers for compromise. Also, we must be watchful of BATFE, US Customs, FBI, and other regulatory agencies. We must fight in the state houses and city halls. Pay attention to what the Second Amendment Foundation, GOA, NRA-ILA, and locally RMGO have to say about coming gun legislation.

Turning Pork into Bacon

noreply@blogger.com (Constructively Reasonable) — Wed, 18 Feb 2009 06:50:00 +0000

It is official: the Anointed One and his tax and spend buddies just put America in a massive amount of debt. The “stimulus plan” gives us a lot of tasty pork. Even assuming that Keynesian economic theory works (it does not), most of the spending will not kick in for twelve to twenty-four months, and who knows what the economic situation will look like then. Really, the voters placed their trust in those who promise free money and give the siren call that regulation will solve problems. This is a dark time for freedom.

However, good can come from this.

Let each person use his $13 dollars per week to educate himself. Some suggestions to start your reading list:

Basic Economics by Thomas Sowell (admittedly, you would have to save your stimulus for two weeks, but it will be worth it).
How Capitalism Saved America: The Untold History of Our Country, from the Pilgrims to the Present by Thomas Dilorenzo.
Free to Choose: A Personal Statement by Milton Friedman
FDR's Folly: How Roosevelt and His New Deal Prolonged the Great Depression by Jim Powell.
Human Action: A Treatise on Economics by Ludwig von Mises
The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom by Robert A. Levy and William Mellor
Atlas Shrugged by Ayn Rand (again, it will be about two weeks of stimulus, but well worth it).

By reading these books, each citizen will recognize the lies of the collectivists. Perhaps then, and only then, we will resist future calls for free money and government solutions.

Property Rights Redacted

noreply@blogger.com (Constructively Reasonable) — Fri, 06 Feb 2009 06:46:00 +0000

The Rocky Mountain News (soon to be a memory) reported what is a quite affront to property rights.

It seems that Denver's 16th Street Mall is "at-risk." Apparently, the Mall will start smoking weed and dropping out of high school-- to hang out at the mall.

The self-appointed Historic Denver, Inc., and it's kissing cousin Colorado Preservation, Inc., fret that the 16th Street Mall is in danger of destruction. For those who have lived or worked near the mall, we know that the RTD bus shuttles, while they may be eco-friendly, will damage the Mall's granite tiles. Now Historic Denver, Inc. wants to stop any attempts by RTD to change the Mall's pavement.

What is more disturbing in the file are these lines:

"Historic preservation is moving away from a lone iconic structure," [Jonas Landes, coordinator of the Endangered Places program for Colorado Preservation, Inc.] said. "Our list is an example of where it is going, including a design landscape that is not even 30 years old but an important part of our recent history."

So, instead of taking single buildings by regulation (i.e. putting such onerous restrictions that make a property unusable and therefore greatly devalued), now the "historic preservation" societies are taking entire neighborhoods? Remember, the Mall isn't even 30 years old.

Note too that the restrictions would not only be on RTD but also the properties that line the 16th Street Mall. The "historic" status would make any renovation to the properties very expensive. Imagine if/when they turn their attention to "historic" neighborhoods like Highlands, Globeville, or even Highlands Ranch (hey, if a 30 year old mall, why not a suburb?).

Later in the story, the Rocky notes:

Meanwhile, far from this urban landmark...

* The Fourth Street Commercial District of the town of Saguache is really "main street," but like other rural towns in the West, it is seeing stores shutter as population drops. Mayor Milton Jones, a fourth-generation resident of Saguache, says he wants his hometown to "become a place where people want to live again."

How exactly will a designation which severely limits what an owner can do to a building "become a place where people want to live again"? If the problem for Saguache, Colorado is a troubled economic situation, then the last thing "main street" needs is for the historic preservation districts to make life difficult for any incoming entrepreneurs to bring business and jobs to the city though burdensome historic preservation codes.

We need to stand up and say, "No!" to the nannyists who worry more about a modern mall or decrepit old building than they do about bus carrier safety and business revitalization.

B R B

noreply@blogger.com (Constructively Reasonable) — Thu, 29 Jan 2009 06:24:00 +0000

I have an emergency project that just came up, and I expect it to take up most of my time and writing energy. Therefore, I may be dormant for a few days, but I'll be back, I promise.

Now, go put in the Bob Seger CD and rock out!

Student Indoctrination

noreply@blogger.com (Constructively Reasonable) — Mon, 26 Jan 2009 05:55:00 +0000

The nannyists now want to ban plastic bags from grocery stores and big box retailers. The Denver Post and Colorado Television Channel 2 are reporting the story of a new attempt at the state capitol. Those who are familiar with the enviro-fanaticism know this is nothing new from the greens. The bill would tax each bag used (six cents per bag) and split the revenue between the vendor and an “education” program to raise environmental awareness. The end goal is to eliminate the use of the bags within three years.

What is disturbing about this story is who came up with the current bill: Kent Denver High School students. Wait… scratch that. The idea was programmed into the heads of the students from a teacher. What has been lost in the text stories linked above is a quick statement from one of the students (at the press conference) that this bill was part of a class project.

Such political action is inappropriate within the school structure. Although Kent is an independent school, students in K-12 programs face laws of compulsory education meaning that they must attend and complete school. Even assuming for argument that Kent is within its powers to hold such programs (as an opt-in school), the use of class time for political action is still inappropriate for a teacher has power over the students.

This law is another example of political action in the class room For example, remember the letters mandated by teachers telling President Bush to ban torture? Some students are sending letters to the anointed one now to end the Iraq war. All are the results of a teacher indoctrinating the class.

The classroom is a place to learn math, science, history, philosophy, and the other tools needed to be an intelligent citizen able to participate in our republic. The classroom is not a church in which the teacher preaches her political philosophies in coercion for the students to adopt the same.

The bill will most likely fail. The grocery stores are too big and employ too many people for state to add a tax and eventual elimination of the bags. The law would add a high cost to the average grocery store order (six cents per bag adds up quickly) and start to annoy customers. Of course, as a state law, the clientele of the stores would have little recourse. The bill does carve out an exception for small retailers, but small retailers rarely adequately service customers for everyday items.

If the grocery stores choose to charge for the bags, that is fine. I will not buy from their stores. That is the free market. When the government chooses to charge for the bags, that is a tax and a restraint on freedom for the sake of a very small but loud interest group. When teachers make my children to be political operatives, that is indoctrination.

Department of Interior Decorating

noreply@blogger.com (Constructively Reasonable) — Wed, 21 Jan 2009 21:40:00 +0000

The Senate confirmed Ken Salazar as the new Secretary of the Interior.

I am still perplexed as to why Salazar, an up-and-comer in the Senate chose to work in the administration at such a sub-par job. Whenever Republicans control the administration, DoI is not well respected-- mostly due to the negative press garnered by lawsuits filed by environmental groups demanding the protection of some rodent. Conversely, when Democrats control the DoI, the courts sometimes feel bound to reign in the extremist environmentalist policies which hurt the property and liberty rights of businesses as well as average people. Basically, no matter who heads up the DoI, someone is angry with him.

All of that said, perhaps I won't have to look at that silly hat he wears anymore.

"Ken Salazar promised a more ethical, scientific Department of the Interior."

This is code for more active work on Global Warming. The Anointed One has already stated his belief in and desire to combat Global Warming (as, incidentally, did John McCain), despite the fact that there is no consensus on the issue, whether it is man-made, or how to combat it.

Therefore, expect more restrictions on the use of our supposed "public lands"-- heavy restrictions on motor vehicle use in the parks, limitations on hunting and fishing, more aggressive bans on logging, and heavy restrictions on oil and gas development.

(Because, really, this guy and these guys need more of our money).

Oath Flub

noreply@blogger.com (Constructively Reasonable) — Wed, 21 Jan 2009 04:56:00 +0000

Apparently, two Harvard Law Review editors cannot perform a simple task-- like reciting a one sentence oath.

What is truly odd is that I was making jokes about this very possibility yesterday. Last night, my Facebook status read: “Tyler will not watch the inauguration: he has already memorized the oath of office that he will take in 20 years. 9:44pm.” Then, this morning, I joked with a fellow student that it would be funny if, after all this work, Obama messed up the oath. What then we asked? Would he not be president if he said something like “I do solemnly afflirmered…”?

Of course, after seeing the Oath That Will Live in Infamy (and YouTube), I quickly updated my Facebook status to: “Tyler re: my last status: Apparently, Obama missed the note to memorize the oath. Not even in office and I already out shine him! 1:11pm.”

Already the Obamaites are blaming Roberts for missing the wording because he did not use notes. In reality, both were at fault, but this “historic” oath was the first of such importance for both men. In reality, the flub does not really matter. In reality, this moment will end up on gag reels and have little consequence.

I suppose that the highly paranoid elements of the government will or have arranged for the President to retake the oath to make sure everything is constitutional.

Perhaps the Anointed One is really just a man after all.

Hopey Changeyness

noreply@blogger.com (Constructively Reasonable) — Tue, 20 Jan 2009 00:27:00 +0000

To the last day of liberty!

We will now have hope and change and other platitudes. But with this hopey changyness, we may also see an end to many freedoms. Of course, chief on the list of the Chicago democrat is the end of guns in America. I seriously doubt that there will be another assault weapons ban. Instead, the BATFE will be free to "regulate" guns until only the elite (i.e. well-connected) few can own them legally. This gives the same effects as a ban, without a Congressional vote or a signature from the annotated one. Political plausible denaiablity.

But look too to other things. We will see a return of censorship in the form of the "fairness doctrine" that would practically ban talk radio as we know it. So too with "required service"-- if not in the military, then in another form (peace corps, city year, etc.). Finally, look for a radical change in our economic structure: he will likely introduce regulations that make everyday investment difficult (in the name of "stability") that will result in a net increase in the costs of investment as the costs of regulations get passed along.

Listen to what the chosen has said and will say in the first few weeks. Already, he has spoken of his comming "rule" and the taking of power. These are dangerous words. Combined with the personality cult that has arisen around him, these words could come true. As you have likely seen, Obama is on a "historic" whistle-stop tour on the way to inauguration day. He has been doing eveything Lincoln likely could have done. Obama has not even taken office and he is already setting up his "legacy" as a great president. Well, we as Americans need to remind him that it is actions and results that determine who good a president is. It is only then, after the presidency, that it can properly be judged.

When a victorious general came back from conquest to the city of Rome, the citizens would hold a great parade called a triumph. The general would ride a chariot and a man would hold a wreath-crown of gold olive leaves over his head. The man would never put the crown on the general's head, for Rome had no kings. The man would also whisper continually, "Remember, you are only a man. Remember, you are only a man."

When those traditions became lost, and the crown finally hit the victorious general's head, it was the beginning of the empire-- and the end of liberty.

Let us chant to Obama, "Remember, you are only a man."

Finals are COMMING!!!!

noreply@blogger.com (Constructively Reasonable) — Wed, 03 Dec 2008 07:20:00 +0000

It is the ramp up to the most dreaded time of the year: finals! I am currently working around the clock to learn the doctrines I was supposed to be absorbing through out the semester.

Please pray for me.

Giving Thanks

noreply@blogger.com (Constructively Reasonable) — Fri, 28 Nov 2008 08:51:00 +0000

Please forgive the lapse in postings. This semester of law school has been the most trying and difficult in my entire academic career.

While Mount Virtus has an excellent series on what he is thankful for, I neither have the energy or the creativity to create an extensive series. Instead, I will simply state what I am thankful for today as I get ready for nightly prayers.

I am thankful for God’s grace. You see, I am a prideful man in things large and small. God has currently made it His priority to break me of this pride. It has not been pleasant for sure. Yet, I see that He is molding me, maturing me. Indeed, I am being refined in the fire (see, e.g. I Peter 1:7). Now, lest I be accused of pride here, I must emphasize that it is God who is doing the work, and I am nowhere near fully refined or matured yet. It is only by Christ’s work that the chains of pride (Psalm 73:6) are broken and I am free (see Romans 7 and 8). God grants us mercy for our transgressions: He grants us grace to make us better.

I am thankful for family. Yes, this is an obvious choice, but I have a specific reason. Due to some family medical problems, we were not able to attend the greater family’s Thanksgiving feast. This is a sad event, for more of our clan passes away each year. Much to our surprise, though, not one but two different families within our clan brought us a Thanksgiving meal. My aunt and uncle as well as my grandparents brought us a complete meal-- roast (we don’t eat turkey), mashed potatoes, stuffing, pumpkin pie, etc. My uncle and my grandparents both stayed a while to chat, making a mini-Thanksgiving for us. It truly warmed my heart.

I am thankful for education. There is rarely the day I attend a class and feel that it was wasted. I love learning new things, whether it is the Chevron two-step test of Administrative Law or learning to swing dance. I am fortunate to live in a country, and have the opportunities, to learn whatever my heart desires.

I am thankful for movies. While I am notorious for being slow to see a movie (for example, I just saw Fight Club a few months ago), I genuinely love to see movies. If they are great master works, then I delight in the artistry of the piece. If they are terrible, I play Mystery Science Theater. Today I got to see The Incredibles and Sixteen Candles. Yes, this is a random pair, but none the less, both were excellent movies.

Finally, I am thankful for my true friends. It is not prudent to list them here, for I will surely forget one or miss the contribution of another. Law and Politics are fields where one has many acquaintances and contacts, but few true friends. I have been blessed enough to have many true friends-- people who I can not only lean on but also simply talk to for a random conversation. As time moves on, we each go our separate ways and I do not get to see as many of them as often as I would like. Yet, we can simply pick up where we left off each time-- a rare quality in most relationships.

Happy Thanksgiving to you all. Please stop sometime and consider what you are thankful for and why.

Obama

noreply@blogger.com (Constructively Reasonable) — Fri, 07 Nov 2008 06:11:00 +0000

Obama won the election. I hereby choose to take the high road (as opposed to the Democrats eight years ago) and say that he will be "my president." I will pray that God grants him wisdom and strength to bear the burden of "leader of the free world." It is awesome power-- and awesome responsibility-- and only the smart and brave thrive in the job.

However, his followers worship him-- literally.

Obama Win Causes Obsessive Supporters To Realize How Empty Their Lives Are

Yes, I know that the Onion News Network is not a reliable news source. But even my liberal friends who voted for Obama find this video funny-- and maybe a little true too.

Why the Bailout is Bad

noreply@blogger.com (Constructively Reasonable) — Wed, 08 Oct 2008 05:42:00 +0000

Explained by Scrooge McDuck.

Women

noreply@blogger.com (Constructively Reasonable) — Sun, 05 Oct 2008 17:09:00 +0000

I don't get 'em.

Biden was WRONG

noreply@blogger.com (Constructively Reasonable) — Fri, 03 Oct 2008 19:09:00 +0000

Last night, Senator, and supposed Professor of Constitutional Law, Joe Biden said something interesting (courtesy, the New York Times):

IFILL: Vice President Cheney's interpretation of the vice presidency?

BIDEN: Vice President Cheney has been the most dangerous vice president we've had probably in American history. The idea he doesn't realize that Article I of the Constitution defines the role of the vice president of the United States, that's the Executive Branch. He works in the Executive Branch. He should understand that. Everyone should understand that.

And the primary role of the vice president of the United States of America is to support the president of the United States of America, give that president his or her best judgment when sought, and as vice president, to preside over the Senate, only in a time when in fact there's a tie vote. The Constitution is explicit.

The only authority the vice president has from the legislative standpoint is the vote, only when there is a tie vote. He has no authority relative to the Congress. The idea he's part of the Legislative Branch is a bizarre notion invented by Cheney to aggrandize the power of a unitary executive and look where it has gotten us. It has been very dangerous.

There are several mistakes in the above statements. First, Article I of the Constitution is about legislative powers. Thus, the fact that the vice president’s duties are in Article I cuts directly against Biden’s argument. There is no provision extending presidential powers to the VP unless the president is incapacitated (US Const. amend XXV). Indeed, the fact that the Vice President’s duties and powers are so limited suggests that he was to spend most of his time in the Senate, possibly as a liaison between the executive and the legislative branches.

Further, the office of vice president received his budget and offices from the Senate until the 1970s. (See the Todd Zywicki posting on Volkh here, citing Glenn Harlan Reynolds, IS DICK CHENEY UNCONSTITUTIONAL? 102 Northwestern University Law Review 1539 (2008)).

As president of the Senate, the VP could wield considerable power, in theory. He could call for votes or halt votes at whim. (I believe there might be a provision in the Senate Rules to allow an override of the VPs actions as president of the Senate, but that is cumbersome to use.) Yet, few vice presidents have ever tried, and all have failed.

Finally, an argument that the VP is a creature of the Legislative rather than the Executive branch is in no way based on a “unitary executive” theory. In fact, it is quite the opposite.

But what do I know? I just read the Constitution…

Quote of the Day

noreply@blogger.com (Constructively Reasonable) — Wed, 01 Oct 2008 15:06:00 +0000

"It's not based on any particular data point," a Treasury spokeswoman told Forbes.com Tuesday . "We just wanted to choose a really large number."

HT: David Bernstein on the Volokh Conspiracy.

Amendment 46

noreply@blogger.com (Constructively Reasonable) — Sat, 27 Sep 2008 03:29:00 +0000

If you are a Colorado voter, you have recently or will soon receive the so-called “Bluebook” (because the booklet cover is traditionally blue).” In theory, the Bluebook is supposed to be neutral. In practice, one side or the other typically writes the arguments for both sides. Thus, the Bluebook becomes propaganda.

So, your humble correspondent will tell you the effects of the various ballot issues.

First up, Amendment 46: The Colorado Civil Rights Initiative.

The Colorado Civil Rights Initiative (CoCRI) is a proposed constitutional amendment that states: The state shall not discriminate against or grant preferential treatment to any group or individual on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public contracting, or public education.

This is a good measure. It effectively ends affirmative action-- really preferential treatment-- on the basis of race, sex, etc. When government favored one race or set of races in the south, it was called Jim Crow. Now that it favors the races that “liberals” like, then it’s affirmative action.

Further, can we in modern America say what a “race” is? Take me as an example of the general trend in our melting pot: On my mom’s side, the family lineage traces to English, French, and a whole host of other national origins. On my dad’s side, the family lineage traces mostly from Spain (NOT Mexico), but with a lot of French, Irish, and American Indian. So, what the hell am I? I would say, "I’m an American from Colorado."

The effects of affirmative action in education and other institutions are to further race tensions. As I sit in class of a top tier law school, I wonder if my classmates think I belong there or I got there because of preferential treatment. Prospective employers first ask me about “diversity” rather than my legal abilities. Rather than making people color blind, they are more focused on my heritage than ever before.

Affirmative action is racism. It needs to end now if we will ever see the dreams of Dr. Martin Luther King, Jr. come true.

Vote YES on Amendment 46.

I am home

noreply@blogger.com (Constructively Reasonable) — Wed, 20 Aug 2008 05:42:00 +0000

Today, school unofficially started.

I drove down the Boulder Turnpike running 11 minutes late to my interview. I was dressed in my best with my new watch that my parents gave me for my birthday (it is set by the atomic clock). I had two objectives for the day: 1) do not screw up the interview and 2) introduce the 1Ls (it is their orientation week) to the advantages of joining the Federalist Society.

Parking was a nightmare because it was “Move-in Day” and the law school sits next to the dorms. The interview went well. We talked, we laughed, and I impressed them with my knowledge of law. I then spoke to the scared 1Ls and gave them my three minute pitch for why the Federalist Society is cool. The group leaders then retired to the courtyard, where we manned tables for the opportunity of the 1Ls to ask further questions about our groups, receive pamphlets and freebies, and generally mill about.

What struck me was how much the school felt like home. The 2Ls (that’s us now) met up with old friends and caught up with each other’s lives. “How was Europe?” “Where did you work this summer?” “We’re going to grab a beer later, right?” filled the air.

The Ranger and I shook hands. I tried to convince him to join the Federalists, but he just replied “No way!” We ended up making fun of the Shane Company’s radio advertising campaign. “You have a friend in the diamond business.”

The Future (and Current) Politician and I caught up. He and I do not agree on most political issues, but he was trying to convince Justice Scalia to address his graduation ceremony in the spring. I told him to invite the Governator.

I never experienced a moment like this in school before. I quite frankly did not care about the social interactions of high school. My college was a commuter school and so I had few classmates who followed me to the same classes later. (I always wonder how the brilliant but spoiled doctor’s daughter is doing since we met in “Rome and the Caesars.”) No, this experience was a new one.

I am a part of a school, a community, and a family.

Prison Trip III

noreply@blogger.com (Constructively Reasonable) — Sun, 10 Aug 2008 17:37:00 +0000

This is part of a series on my trip to the Colorado Department of Corrections. See the other posts: The Supreme Court Sent Me To Prison, Prison Trip I and Prison Trip II.

Our last tour was the most profound. We toured the Colorado State Penitentiary, which is Colorado’s SuperMax. It also houses the execution chamber.

We first saw the execution chamber. When we walked in, immediately every person’s countenance changed. You could see the sorrow and pain in the women’s faces. The men no longer cracked jokes but stood stone faced. Everyone shifted their weight from between one foot and the other. This was a place of the ultimate punishment. This was a place for serious reflections on justice. This was a place of death.

Our tour guide explained the procedures for execution. From the date that the warrant comes down to the moment they remove the body. He spoke in a matter of fact voice, not as one calloused but as one who has a job to do. He spoke of why we have only executed one person since the 1970s.

We then moved to tour the rest of the prison. The security is supreme, but I will not detail it here. There are sixteen cells to a unit (or “day room”). There are eight day rooms to a “pod.” There are six pods in the facility. Further there is a medical center and decontamination room in the basement that can handle everything except major surgery.

Each pod has its own medical room and barber shop. Each cell houses only one man. The inmates never go outside. Their only time beyond the walls of the cell is a fifteen minute shower and an hour in a very small exercise room. Both the shower and the exercise rooms are in the day room, so they do not even see other parts of the pod. Only one inmate is out at a time.

Lest you believe that these men are mistreated, please note that they put themselves there. Due to the incentive system, the prisoner’s hold the power to determine where and thus how they serve their time. Only when they cause severe security problems and refuse to behave do they end up at the SuperMax.

The way to leave the SuperMax is simple: behave and start reforming your attitudes. Unlike other programs that simply teach the prisoners to say the magic words that the administration wants to hear, Colorado’s program involves cognitive exercises and hypotheticals designed to test if they are really “getting it.” The average stay at the SuperMax is thirty months.

Even here the staff hopes that some of the prisoners will reform. About thirty percent are certifiably severely mentally ill. They may never go to the general prison population and the state mental health penitentiary (San Carlos) is full. Some are simply “bad seeds” that refuse to reform. However, some have been reached. One inmate used to make prison riots a game. Once at the SuperMax he would regularly assault the guards simply because he was bored. Then, one day after being pepper-sprayed, he finally wised up. He started participating in the program and was eventually moved to another facility. He had been at the SuperMax for twelve years.

I left the prison a changed person. I now have a new view of the world. Our “field trip” made me understand the seriousness of this thing called law. The “field trip” was more like a trip to a foreign land. Just as a trip to Europe or Asia changes a person and makes him see America differently, so too has this trip affected me. I have seen the dark side of our society, but I have also seen hope. Every citizen should take such a tour

BBQ with a Justice

noreply@blogger.com (Constructively Reasonable) — Sat, 09 Aug 2008 21:29:00 +0000

I will be be attending the social event all lawyers... okay that might be a bit overstated. In either case I will be attending the Justice's annual barbecue. I look forward to it!

Prison Trip II

noreply@blogger.com (Constructively Reasonable) — Sat, 09 Aug 2008 17:29:00 +0000

This is part of a series on my trip to the Colorado Department of Corrections. See the other posts: The Supreme Court Sent Me To Prison and Prison Trip I.

We also visited the Colorado Women’s Correctional Facility. There were striking differences between the men’s and women’s prison. First, the women inmates actually greeted us. Second, the women’s facility featured a Curves program. The tour guide had stopped counting at 1,200 pounds lost for the women inmates due to the program. Third, the women had more amenities, like koi ponds.

However, the most striking feature of the Women’s Correctional Facility was the “Incentive Hall.” This place looked more like a very nice dormitory at a college than a prison. Each “cell” had only two inmates. Further, they were given keys to their rooms. They could come and go (within the building) as they pleased and had better restrooms and showers than any other prison. They even had a pool table.

We then traveled down the road to Four Mile Correctional Center, where we had a very nice lunch. The culinary arts students made us an excellent three course meal. The salad and homemade dressing were excellent. The chicken parmesan was delicious. The cheesecake with cherry sauce was better than I have ever had at any restaurant. During lunch, representatives from CCI detailed some of their programs.

Tomorrow I will detail the final and the most profound part of our trip: the SuperMax.

Return to Old Ways

noreply@blogger.com (Constructively Reasonable) — Sat, 09 Aug 2008 07:37:00 +0000

I just wanted to quickly comment on the day's development: Russia has invaded Georgia. This invasion is outrageous and against American foreign interests.

This greatly concerns me. The Russian Federation has been moving to it's old Soviet ways under the control of Putin. First, Putin violated and then amended the constitution so he could run again for Russian president. Then, as the U.N. and other bodies began to criticize the Putin for acting like a dictator, Putin stepped down. However, he handed the government over to one of his cronies, who is basically acting like puppet. Further, Russia has used our renewed efforts to protect ourselves from nuclear missiles from rogue nations (i.e. anti-ballistic missiles) as a pretext for revamping their arms production. The government tried to equivocate our actions with theirs: but there is a fundamental difference between defensive missiles and offensive programs.

Now, in the pretext of protecting a region from sectarian violence, the Russians have invaded Georgia. This is the same excuse used by Stalin to keep Eastern Europe in his grasp and start the Cold War. All Americans should be outraged. Georgia has been an excellent ally in the War on Terror and the Operation Iraqi Freedom. Up until the invasion, Georgia had a few thousand troops in Iraq. Now, of course, they must recall those troops to repel the invasion.

If I were President, I would seriously look at our military force structure it see if we could help our ally. I would like to avoid the weakness that Truman, Eisenhower, and especially JFK showed against Russian/Soviet aggression. The fact is that Putin wants to return to the "glory days" of the CCCP. He and his party are starting to re-form the iron curtain.

Such is much quick opinion on the subject. If you disagree, please feel free to comment and perhaps I can flesh out more later. However, I wanted to get some background info out there because this is a serious threat to world and American security.

Prison Trip I

noreply@blogger.com (Constructively Reasonable) — Fri, 08 Aug 2008 20:22:00 +0000

Yesterday I gave you my general impressions. Today I’ll detail some of the trip. This has officially turned into a series. Stay tuned.

The trip was informative and interesting. We visited the Colorado Territorial Correctional Facility (est. 1871). When the Colorado Territory was being organized, Cañon City had first pick for one major state facility: either the prison or the University of Colorado. Even then, Cañon City knew it did not want any hippy liberals.

CTCF houses the “Tag and Tab” plant where they make the license plates. The process was interesting. It turns out that that facility not only produces our hundreds of styles of plates, but plates for Alaska, some of the U.S. Virgin Islands, and a foreign country or two. As a surprise, the guys made us license plate clocks-- real license plates in the Designer style-- customized with our names on them. Mine is already hanging in my office.

CTCF also houses the Prison Trained K-9 Companion Program (PTKCP). In this program, inmates earn the privilege to work with the dogs. The cell house that once housed death row and the execution chamber now houses the inmates and dogs in the program, where trainer and dog stay in the same cell. They can teach the dogs everything from simple commands to handicap companions to hunting dogs. The inmates and the dogs alike benefit from the program.

Tomorrow I will detail the Colorado Women's Correctional Facility.

The Supreme Court Sent Me To Prison

noreply@blogger.com (Constructively Reasonable) — Fri, 08 Aug 2008 04:07:00 +0000

The Justice took us on an end-of-summer field trip to the Colorado Department of Corrections in Cañon City, Colorado. She wanted us to see where we send people when we deny their certiorari petition or affirm their conviction. Our work has real-world consequences. It is not just research and writing. The Justice wanted this trip to bring gravity to our work.

Before I describe my trip (which I will do tomorrow), I will share my general impressions.

First, every worker and guard had a deep passion for their work. While they recognize that they work with bad and dangerous people, they hold out hope that some may be reformed. They are not bleeding hearts who excuse bad behavior. Instead, they hope that they can change the fundamental nature of the offenders.

Second, the prison system runs on an excellent incentive program. Every prisoner has the responsibility of keeping their cell clean. Every prisoner, with the exception of those in SuperMax, must work. However, the system uses incentives of nicer and better paying jobs for those who 1) behave, 2) do quality work, and 3) show a desire to work hard and do more. Education is available for everything from G.E.D.s to C.A.D.

Further, a prisoner may earn his way to lower security facilities with more privileges by good behavior. Thus, a well behaved murderer may be in a medium security facility making license plates, but a thug on a simple drug charge may serve time in the SuperMax. It is entirely up to the choices that the prisoner makes.

Third, Colorado Correctional Industries seems to do just about everything. They have prisoners who make furniture, prisoners who raise livestock, and even prisoners who are chefs. The prison system is thus using a vertically-integrated company. The benefit is that CCI is TABOR exempt but not taxpayer subsidized. However, every higher education institution must buy their office furniture from CCI, and this seems to be a bit of a racket. On the whole, though, the program is good. The prisoners get training. The state receives the benefit of many services and products. The taxpayers do not (directly) pay.

Tomorrow I will detail my trip.