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!

Prison Trip II

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

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

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.