Giving Thanks

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

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

Explained by Scrooge McDuck.

Women

I don't get 'em.

Biden was WRONG

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

"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

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

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

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

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!