Oath Flub

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

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!!!!

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

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.