Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Wednesday, May 26, 2010

Federal Courthouses Should Command Respect.

Our Federal government has spent itself into a huge gaping hole.

There will be much wailing and gnashing of teeth as scape-goats are sought to be slaughtered as offerings on the alter of public opinion.

We can see an example of this happening now with a new report that has come out that complains about the costs of building Federal Courthouses.

See: Building oversize federal courts wastes millions

Federal courthouses built larger than necessary have cost taxpayers $835 million in wasted construction funds since 2000 while the extra space requires $51 million annually to maintain, the Government Accountability Office told a congressional committee on Tuesday.

The GAO found that the 33 courthouses or courthouse annexes completed in the past decade contain 3.56 million square feet of unnecessary space, said Mark L. Goldstein, the GAO's director of physical infrastructure issues.

Larger than necessary? That is the value judgment of someone that does not understand the role of the courthouse in making the law worthy of respect.

Should a Federal Courthouse be a grand and impressive structure? Or should it be a cheap and unremarkable building?

This is not a trivial mater.

Some may argue that over-sized and overbuilt courthouses are a waste of money. They make a serious if not a fatal mistake when the think this.

The over-sized courthouse, with its high ceilings, stone walls and polished marble floors set the stage for the ritual, the ceremony, the drama and the consequence of the law. People's lives and property are at stake in these buildings. In such halls, people's fortunes are saved or destroyed. Even their very lives can be at stake, balanced on the fulcrum of evidence and the rod of the law, with their freedom or death to be decided by judge and jury.

There is a certain stage-craft to the law. It must command respect. Its edifices and facilities should and really must convey to those that are made to stand before it in judgment and appeal, the full majesty of the law as well as the might and authority of the state.

There is ritual and ceremony in the adjudication of the law. There is also the stage that the ceremony and the ritual is set. The ceremony, the ritual and the stage make the legal process stand apart and separate from the everyday events of working, shopping or playing that we all engage in our daily lives. The seriousness of the ritual, the ceremony and the stage that the law is dispensed in can help make it respectable, or help make it a farce.

Think about what a different perception we would have of the law if it was dispensed from triple-wide mobile-home type structures. Can you picture it? Imagine the nine justices of the Supreme Court trying to be taken seriously in a low ceilinged room with plastic coated fake wood paneling.

The law must be respected. Having it dispensed from buildings that scream “cheap” and “disposable” does not make the government that it represents worthy of respect.

Our government is not going broke because it is building grand courthouses. It is going broke because it has turned away from being a protector of rights to a dispenser of welfare benefits. The welfare state is bleeding us dry, not over-sized courthouses.

This may seem like a small thing to some people, but it is not a small thing.

Again, think about how much respect you would have for a court system that was run from disposable buildings. How can you take the legal system of a government seriously that thought its laws should be adjudicated in courthouses that were no more impressive or respectable than trailers in a mobile-home park?

Sunday, March 14, 2010

Will The Democrats Slaughter The Constitution For Socialized Medicine?

Nancy Pelosi is expressing confidence that the Democrat's Health-care bill will pass. Her confidence may be well founded. The Democrats are contemplating a maneuver that has been dubbed The Slaughter rule. Named after Louise Slaughter (D., N.Y.), Chair of the House Rules Committee.

See: The House Health-Care Vote and the Constitution

Under her proposal, Democrats would pass a rule that deems the Senate's health-care bill to have passed the House, without the House actually voting on the bill. This would enable Congress to vote on legislation that fixes flaws in the Senate health-care bill without facing a Senate filibuster, and without requiring House members to vote in favor of a Senate bill that is now politically toxic.

Article I, Section 7 of the Constitution may pose a problem for the Democrats, but since the Health-care bill is an “all the marbles” play for them, I think that they would be willing to risk a constitutional chalenge, thinking that if in the off chance the court rules in their favor, they will own the whole of the Republic outright.

Article 1 - The Legislative Branch
Section 7 - Revenue Bills, Legislative Process, Presidential Veto

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

M. Connell explains in the Wall Street Journal Article cited above:

As the Supreme Court wrote in Clinton v. City of New York (1998), a bill containing the "exact text" must be approved by one house; the other house must approve "precisely the same text."

Again, I think that the Democrats may be willing to gamble that the present makeup of the Supreme Court could possibly rule in their favor.

If they lose, its back to the status quo with a loss of a few seats in congress. The voting publics notoriously short memory will help them regain the lost seats in a few election cycles. No real penalty will be paid.

However, if they were to win at the Supreme Court, they will have made everyone in the Republic dependent on them for their health-care.

Lose a little versus win the whole damn enchilada.

(See also: Slaughter Solution Unconstitutional)