Friday, June 03, 2005

Judges & Filibusters


Judges & Filibusters



Judges - judicial nominations - and filibusters cannot be sustained. America's separation of constitutional governing powers creates a dependency of the judicial department on the joinder in function of the other executive and legislative powers . Where they fail to join -- the vacant bench results. Albeit now alleged in compromise, one judicial nomination being just approved after four years -- two more languish -- yes a delay is practical politics to discern or oppose but where is the public service?

Filibustering --or formal cloture - shoul be possible by the Senate after accomodating as much objective debate as possible ... and the cloture reduced to simple majority after perhaps three votes at the 3/5 requirement of the Senate.
Note that this is preferred and defended for judicial appointments only -- ditto similar cross branch necessities of the sovereign powers of government -- and would not be needed for more purely political ministerial appointments of the executive branch or other lawmaking. The latter friends is politics, the former is consttutional duty and necessity for the judicial branch.

Should the Senate fail to timely resolve the issue -- address it with their re-election prospects or by a law suit -- the US Constitution did not command Senate consent by any aspect other than a majority in judicial nominations. It only spoke to Senate special majorities in the case of Treaty ratification.


European Constitution Rejection


European Constitution Rejection



Europe's ratification process should be tabled to spare its expense and returned to the communications drawing board.
Europe is not dead ... but the constitutional restatement has floundered. That it is a restatement and new constitution as same, was part of this American's perception of the European member states communication of the constitutions purpose. Americans may recall a similar experience with a major codal reform and reconsolidation bill in Congress called 'S-1'. That bill was mainly an overhauling and modern restatement of American criminal law - which bill unfortunately wwas sponsored and led by Senator Kennedy (that's one 'anti' motive for many) and miscommunicated as a new strong federal crime law --rather than as a consolidation of the law.

Yes there are new elements in the European Union Constitution -- but most as the link above shows (see Fact Sheets) when read restated itself in Articles correlated to the originating treaties of the European Union - its basic organic law for its institutions. New powers and less ambiguously stated rights clauses or new ambiguous rights & powers etc., should have been separately referenced and debated to the publics - with a polling as to the vote on the institution generally.

Most people in good times or bad modernly, do not want more government -- which is a wonderfully healthful Roussean & Lockean reception to the revised charter. And many Europeans read the referendum on their Union's constitution that way.

Save Mr. Blair and the Labour Government need the measure -- Britain should temporarily can it; and spend funds on a new campaign of awareness of the instrument and its purposes. By contrast the American homogenous constitutional proposition in 1783 took more time (five years) after a highly intellectual public debate.

Thursday, June 02, 2005

'Deep Throat'

Mark Felt is commended for his whistleblowing and tips to the Washington
Post. It is civil serice in the highest order -- as his bosses may
have done as John Dean's did --there was probably no her way other than
getting fired & being 'Martha Mitchelled".

Now other questions -- did Katherine Graham and Ben Bradlee know who
Deep Throat was -- or were they just assured by their journalistic team?

As I stated in a Post Message Board - if Woodward and Bernstein were
Watergate movers -- Felt supplied or was the psyllium !

Cuba's Ernest Hemingway House 'Do It Pappa's Way!

Habana Cuba is home to the former home of Ernest Hemingway which has
just been listed by the National Trust of the USA as an historic place -
and being Havana of course -- is falling apart and in need of
restoration.

For those unfamiliar with Cuban President Fidel Castro - the home is
alleged preserved and Hemingway made part of the 'correct culture' of
Cuba. In essence Hemingway's legacy is used as a propaganda piece.
Maestro Hemingway went into exile from Cuba in 1959 rather than be a
Cuban prop.

So why not ignore Castro's pleas .. sympathize with the National Trust
for Historic Preservation which likely cannot channel money for
restoration through Castro's dictatorship safely ...

And ... do it Papa Hemingway's way :

"Let it rot or Blow it up!"

... before Catsro makes money holding it hostage.
Most Hemingway fans believe that the house's destiny should flow
concurrently with Cuban idependence and Cuban representative democracy.

Viva Cuba Libre!

<a
href=http://news.messages.yahoo.com/bbs?action=m&board=37138445&tid=aphistoricplaces&sid=37138445&mid=167>Yahoo
News Service Story here</a>