Thursday, December 31, 2009
What were the five worst decisions ever by the US Supreme Court?
Love 'em or hate 'em the US Supreme Court is that the heart of the American legal system. The big referee in the sky without instant replay. So what do you think are their biggest blunders since they opened shop in 1789?
I would love to hear your list but here are five possibilities:
Dred Scott v. Sandford (1857), the Supreme Court ruled that people of African descent imported into the United States and held as slaves, or their descendants—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States.
Plessy v. Ferguson, (1896), upheld the constitutionality of racial segregation even in public accommodations , under the doctrine of "seperate but equal".
Lone Wolf v. Hitchcock, (1903) declared that the US Congress could unilaterally abrogate treaty obligations between the United States and Native American tribes.
Schenck v. United States, (1919), upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to free speech against the draft during World War I.
Korematsu v. United States, (1944) , ruled on Executive Order 9066, which ordered Japanese Americans into internment camps during World War II. The court ruled the order constitutional.
It's a shame that there are so many bad decisions to choose from.
Wednesday, December 30, 2009
Shameful segment in American history
One of the shameful chapters of legislation in American history is the Chinese Exclusion Act which blocked most Chinese immigration from 1882 through 1943. It was racist and was driven to a great extent by labor unions (with only one union opposing it). Other workers resented the Chinese because of their incredible work ethic - they were tough to compete against.
It is also a black eye on the reputation of the US Supreme Court. “In U.S. vs Ju Toy (1905), the Supreme Court reaffirmed that the port inspectors and the secretary of commerce had final authority on who could be admitted. Ju Toy's petition was thus barred despite the fact that the district court found that he was an American citizen. The Supreme Court determined that refusing entry at a port does not require due process.”(1)
The saying “America - Built By Immigrants” brings pride to most of us with immigrant ancestors. There is no question that we need to control our borders but this is one of those appalling episodes in our history.
GMAC Assistance?
http://www.chron.com/disp/story.mpl/business/6791332.html
So why is GMAC getting any federal assistance? If they were only a small mortgage lender (like they are) they would have been allowed to go into bankruptcy long ago.
But our federal government has already invested heavily in General Motors. And once you are in for a penny you are “all in” from a government perspective. Once you are an anointed class the subsidies just keep on coming. We would never want to upset a Democratic constituency in Michigan would we?
Why is GM making home loans in the first place? Because they were more heavily subsidized than the auto loan business.
Tuesday, December 29, 2009
Predicting the technology future
Monday, December 28, 2009
Obama’s remarks on renewed barn security measures
Good morning, everybody. I wanted to take just a few minutes to update the American people on the recent horse escape on Christmas Day, and the steps we're taking to ensure the safety and security of these horses in the future.
The investigation is ongoing. And I spoke again this morning with Attorney General Eric Holder, Secretary of Horseland Security, Janet Napolitano, and my counter-terrorism and Horseland Security adviser, John Brennan. I asked them to continue monitoring the situation to keep the American people and members of Congress informed.
Here's what we know so far: On Christmas Day, the horse got out of the barn. Thanks to the quick and heroic actions of neighbors, the suspect was immediately subdued, and the horse was returned safely to the barn. The suspect is now in custody at the barn and has been charged with attempting to escape.
A full investigation has been launched into this attempted act of evasion and we will not rest until we find all who were involved and hold them accountable.
Now, this was a serious reminder of the dangers that our horses face and the nature of those who encourage their escape. Had the suspect succeeded in escaping, it could have been devastating to family that owned the horse and may have inspired other horses to sneak out of their barns.
The American people should be assured that we are doing everything in our power to keep you and your horses safe and secure during this busy holiday season.
Since I was first notified of this incident, I've ordered the following actions to be taken to protect the American people and their horses.
First, I directed that we take immediate steps to ensure the safety of the public. We made sure that all horses still in the barn were secure and could not escape. We immediately enhanced screening and security procedures for all barns. We added federal horse marshals to barns in the United States. And we're working closely in this country, with federal, state and local law enforcement, and with our international partners.
Second, I've ordered two important reviews, because it's absolutely critical that we learn from this incident and take the necessary measures to prevent future acts of escape.
The first review involves our watch list system, which our government has had in place for many years, to identify known and suspected horses that are likely to run off so that we can prevent their escape from their barns in the United States. Apparently the suspect in the Christmas incident was in this system, but not on a watch list, such as the so-called no-escape list. So I have ordered a thorough review, not only of how information related to the subject was handled, but of the overall watch list system and how it can be strengthened.
The second review will examine all screening policies, technologies and procedures related to horse barns. We need to determine just how the suspect was able to launch this dangerous escape attempt and what additional steps we can take to thwart future attempted escapes.
Third, I've directed my national security team to keep up the pressure on those horses who would flee barns in our country. We do not yet have all the answers about this latest attempt, but those horses who would escape their barns must know that the United States will do more than simply strengthen our defenses. We will continue to use every element of our national power to disrupt, to dismantle and defeat these break out attempts.
Finally, the American people should remain vigilant, but also be confident. Those horses plotting against us seek not only to undermine our security, but also the open society (outside of our horse barns) and the values that we cherish as Americans. This incident, like several that have preceded it, demonstrates that an alert and courageous citizenry are far more resilient than an isolated maverick horse.
As a nation, we will do everything in our power to protect our country. As Americans, we will never give in to fear or division. We will be guided by our hopes, our unity, and our deeply held saddle sores. That's who we are as Americans; that's what our brave men and women in uniform are standing up for as they spend the holidays in harm's way. And we will continue to do everything that we can to keep America and our horses safe in the New Year and beyond.
Thank you very much, everybody.
Sunday, December 27, 2009
Michigan Forces Business Owners Into Public Sector Unions
Creeping unionism – this WSJ article will really annoy you. The unions sneak in the back door when most people don’t even know that a union is threatening their livelihood. The union dues (which come right out of the small business owners profits) go to pay off the politicians who then support even further mandatory unions. But this one tops the absurd. Day care providers that own their own businesses and work for themselves are forced into a union.
Wednesday, December 23, 2009
Do no harm
The basic theme in this article is that government needs to create more jobs. Of course they have been creating state and federal jobs for years – at compensation well above the market (they pay at least 50% more than the private sector). And every time they do this they pay for it with borrowing from our future or taxing the small businessman who is creating “real” jobs.
Government hasn’t the slightest idea how to create a real job. They can add another government bureaucrat but they don’t know anything about encouraging a new engineering process, a new company like Google, Intel, or Oracle.
Government knows how to build a bridge to Nowhere, Alaska or to make Terrorist Relief Act loans that go to Dunkin' Donuts shops in Connecticut, Pennsylvania, Georgia, Vermont, and Ohio. But government doesn't have any idea how to create a private job that will result in exports outside the US. They will always invest in yesterday’s technology with its built in union support but not the latest invention from the garage workshop with no existing tax or voter base.
So the answer is the old medical philosophy “do no harm”. Our government needs to get out of the way, reduce the penalties for starting a new business and the penalties for hiring a new employee–and then go on their highly paid vacations.
Sunday, December 20, 2009
Public Unions in Detroit
Detroit's finances. Inflexible public unions will put another important institution into bankruptcy.
Saturday, December 19, 2009
California government is out of control!
If California did not have an implied guarantee on their debt from the Federal government , how much money do you think Californians could borrow today? And look what those implied Federal guarantees cost us at Freddie Mac and Fannie Mae. The real moral hazard is that the bigger that California’s debt gets the harder it will be for the Federal government to let it default. It is time for the Federal government to step in now and appoint a receiver to run California. The longer it takes, the more it will cost everyone outside of California.
Thursday, December 17, 2009
No good deed goes unpunished.
The controversy about Ben Bernanke being confirmed by the Senate as the Chairman of the Fed is silly. Our government made plenty of mistakes in the housing and mortgage industry (and it still does). The SEC, FDIC, the US Treasury, the banks, their managements and their risk committees all blew it. And so did Alan Greenspan and Ben Bernanke. But when the …. hit the fan he got in there (along with Hank Paulson) and got us past the emergency. It wasn’t pretty!
The problem was long in the making and will be extraordinarily expensive to solve (my estimate is $7 trillion). But let’s not shoot the messenger. As we talk, Obama is trying to force the banks to make loans they don’t want to make (the same kind of political loan making that lead this mess). In other words loans that will default and more of the same.
Bernanke is far from perfect, but let’s get behind him and spend that pissed off energy getting rid of the senators and congressmen that have made the situation worse – not Ben Bernanke.
Poor UC students are deprived of some of their Christmas decorations
Wednesday, December 16, 2009
AARP Services Inc. is managed wholly for profit
Monday, December 14, 2009
The Queen's new jet
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Sunday, December 13, 2009
The new bridge at the Hoover Dam
THE WIDER VIEW: Taking shape, the new bridge at the Hoover Dam
Creeping closer inch by inch, 900 feet above the mighty Colorado River , the two sides of a $160 million bridge at the Hoover Dam slowly take shape. The bridge will carry a new section of US Route 93 past the bottleneck of the old road which can be seen twisting and winding around and across the dam itself. When complete, it will provide a new link between the states of Nevada and Arizona . In an incredible feat of engineering, the road will be supported on the two massive concrete arches which jut out of the rock face.The arches are made up of 53 individual sections each 24 feet long which have been cast on-site and are being lifted into place using an improvised high-wire crane strung between temporary steel pylons.
The arches will eventually measure more than 1,000 feet across. At the moment, the structure looks like a traditional suspension bridge. But once the arches are complete, the suspending cables on each side will be removed. Extra vertical columns will then be installed on the arches to carry the road.
The bridge has become known as the Hoover Dam bypass, although it is officially called the Mike O'Callaghan-Pat Tillman Memorial Bridge, after a former governor of Nevada and the former NFL Football player from Arizona who joined the US Army and was killed in Afghanistan . Work on the bridge started in 2005 and should finish next year. An
estimated 17,000 cars and trucks will cross it every day. The dam was started in 1931 and used enough concrete to build a road from New York to San Francisco . The stretch of water it created, Lake Mead , is 110 miles long and took six years to fill. The original road was opened at the same time as the famous dam in 1936.
An extra note: The top of the white band of rock in Lake Mead is the old waterline prior to the drought and development in the Las Vegas area. It is over 100 feet above the current water level.
Thursday, December 10, 2009
Now is that true?
I got a class picture of our 5th grade class from Blackford in 1963 (if you know what I look like today you will have no problem picking me out then – I think). There were a few folks I still recognized all these years later but I sent a note to my friend and classmate John Bouret asking “Do you remember a guy Robbie (I think it was Robinson or Robertson) - he was a buddy of mine then but then moved away. I do not recognize him in the picture.”
Here is the interesting response I got from John. “I do remember Robbie Williamson. Mr Murphy (our 5th grade teacher) and I were just talking about him yesterday. Well, actually, I brought him up. Mr. Murphy was talking about Robin Williams, (the actor / comedian), which reminded me of the time I was in a track meet up in Marin during the 9th grade. They announced Robin Williams' name over the loudspeaker. Someone was telling me something at the time, so I didn't hear the announcement very well, and thought they had announced Robbie Williamson.(I later found out during an interview with THE Robin Williams that he was on the track team when growing up in Mill Valley). I went over to the registration table to ask if they had announced "Robbie Williamson", and the lady pointed to a funny-looking guy and said, "No - Robin Williams" ! So I went back and rejoined my team; a bit dissapointed...”
It is true.
Wednesday, December 9, 2009
Time for the Federal Government to take over California government
http://www.sacbee.com/walters/story/2355706.html?storylink=lingospot_top2
This Sacramento Bee article estimates that the California debt and unfunded liabilities may already have reached half a trillion dollars.
And there has been virtually no progress in reducing state expenses and taking other measures to get the spending under control. They are using the “too-big-to-fail” tactic made famous by the big banks and AIG.
The bigger the debt, the bigger the shock waves when California starts defaulting on its obligations – the same emergency we ran into in the financial sector. So the longer California waits to solve its own problems the higher the probability that they eventually get bailed out. The US Government had an implied guarantee of the debt of Freddie Mac and Fannie Mae the big mortgage consolidators. When it got bad enough with these two companies, the government had to step in and take over the operations and ended up guaranteeing (and taking losses on) much of the debt. And if it gets bad enough, you know the federal government will be forced to assist California.
One option that is not available to states that is available to the private sector as well as cities and counties is bankruptcy. But bankruptcy by a state was never envisioned (until now) and there have been no provisions written into the Federal bankruptcy law.
The states are required to operate on a balanced budget but this is being conveniently ignored.
So what do we do? As much as I hate big government, it is time for the Federal Government to step in now and take over the business of California government. They should then install a provisional government reporting to the Feds, cut all state salaries, reduce the debt by a one-time write down and guarantee the rest. They should sell state lands and use these proceeds to help fund the whole process. Without strong action now, none of the other states facing similar problems will face their problems either.
Tuesday, December 8, 2009
Heck of a Christmas Decoration!
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Ranger in South Africa
This Ranger is assigned to prevent poaching around the wildlife refuge area of Lanseria, South Africa. The way these animals interact with him is absolutely stunning! The lions seem to know he's there to protect them. His charm works with hyenas and lions too. Hyenas are usually vicious. Check out the pics taken in the river - amazing because lions hate water.
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Sunday, December 6, 2009
Let’s celebrate the shut down of one small governmental agency
Just reported on CBS morning news on Dec 6, 2009.
After more than 50 years and 12,000 sightings the UK shutting down its UFO sighting group for an annual savings of about $70,000. They stated “in over 50 years of UFO reporting, no UFO report has revealed any evidence of a potential threat to the United Kingdom.”
Now we need to celebrate a government organization that actually dissolves – it is such a rare event. And after all it did take this one 50 years to figure out they served no useful purpose. Why don’t we conduct a review of all the Washington DC agencies and perhaps we can find one or two that should be shut down there as well.
Saturday, December 5, 2009
Is Gloria Allred the Queen of Legal Exortion?
Extortion is a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Legal extortion is achieving the same thing but within the confines of the law.
It appears that Rachael Uchitel and her attorney Gloria Allred have struck a deal with Tiger Woods. We will never know for sure but the pattern is long established. Everything below is conjecture and I welcome a call from Allred to disabuse me of my theories. I add this caveat because I would prefer to avoid a lawsuit from her like in 1981 when she sued California State Senator John Schmitz for slander for $10 million when he called her a “slick butch lawyeress”. She settled that case for $20,000 and an apology.
If Allred and Uchitel simply called up Tiger and said “If you don’t pay me two million dollars I will release all of your text messages, emails and voice mails to the media.” that would be criminal extortion. Both Uchitel and her attorney could go to jail (like Robert Halderman, the man that is out on $200,000 bail and may spend up to 15 years in prison for alleged extortion against David Letterman).
How does Gloria lawfully obtain payment from the likes of Tiger through coercion without breaking the law? Here is my hypothesis. First she contacts the Tiger camp and tells them that her client has been damaged by Tiger and her client demands compensation. She claims emotional distress, humiliation and fear for Uchitel’s safety. Tiger’s attorneys immediately get to work because they know the unspoken but far more damaging threat is that Allred or her client will go to the media with all the “dirt”. So Tiger’s team and Gloria quickly work out a settlement where Tiger agrees to pay Uchitel a few million dollars in exchange for settling her claims. Just one more thing. These agreements always include a non-disclosure and confidentiality provision that says Uchitel will never reveal anything about her romance with Tiger (especially those graphic text messages).
And by the way, Gloria probably took one third of the settlement to compensate her for protecting the “little guy”. She also managed to garner enough publicity in the process so the next mistress of a philandering sports figure will call Gloria first when she wants to collect millions rather than ending up in prison.
What do you think about extortion? If Robert Halderman is going to spend years in prison, is it right for Uchitel and Allred to profit so handsomely?
Advice from Harold Ramis
“I now tell some students – identify the most talented person in the room and if it is not you go stand next to them.”
Advice from Harold Ramis for aspiring actors explained on the CBS morning show. Ramis is a comedy writer/director/producer/actor famous for co-writing and acting in Stripes and Ghostbusters and writing Animal House and Caddyshack. He met Bill Murray and John Belushi early in his career at 2nd city and recognized their talent instantly.
Friday, December 4, 2009
Thursday, December 3, 2009
General Motors and Chrysler operating like any other government agency!
“General Motors Co. and Chrysler will reconsider decisions to close thousands of dealerships as part of a compromise meant to stave off federal legislation that would require them to keep the showrooms open.”
Soon the Federal Government will be deciding where every Chevrolet dealer sits, where all the ATMS are, which post officse stay open, and where every MRI and emergency clinic resides in the US. All based on politics. The politics will be driven by which congressman screams the loudest and which Senator has recently held out the longest before supporting the party leaders latest bill.
This is no way to make these decisions which should be based on a free market.