Legal, Laws, and Regs

Judicial activism

Just a quick note to point something out that I will be talking more about this weekend. Michael Hanscom pointed out a House Resolution to allow Congress to override the Supreme Court when the Court indulges in what the family values folk term “judicial activism”. What are examples of ‘judicial activism’? Try the civil rights movement, the right of women to control their bodies, and gay rights.

But before you get too worried about this bill, when I went looking for more information, I found Ten Bills to battle Judicial Activism. (Michael created a separate post on this.)

My biggest concern about the hooplah around Howard Stern has always been that while the ‘freedom of speech’ people are occupied with the antics of Mr. Stern and the new FCC fines, some very real, and very serious bills are being introduced into Congress by several very strong, very organized, and very united groups. They are not only working to get these bills introduced, but they are also working on putting people into Congress, and the White House, to support this ‘purer’ Constitution.

What’s more disturbing – Supreme Court Justice Scalia has come out in defense of a ‘dead Constitution’:

Today, Scalia – who is often add odds with several members of the Supreme Court – said many prefer to look at the document as a “living constitution,” one that evolves based on changes in society.

And as a result, issues such as abortion and homosexuality, which are not addressed in the Constitution, are discussed in courts.

Scalia’s premise is that an evolving Constitution allows personal interpretation on the part of the Justices when new issues arise, such as Gay rights and abortion. However, times change, and if justice is frozen in amber, we women would not have the right to vote, and blacks would still be picking cotton on their master’s farms.

I’ll take a living Constitution, even with the increased difficulty of ensuring proper judgements, than a Constitution whose inflexibility chokes the soul out of our country.


Powderpuff blogging

Sometimes a picture finds me, and then I know I have to write a story to go with it. Well, in this case, it was three pictures; therefore I have to create a three-picture story: The Powderpuff Blogging Manifesto.

However, the writing must wait, as I’m in the midst of preparing to head home tomorrow. The early return trip is my St. Patrick’s Day present to myself, and I can’t tell you how happy I am to be heading home. This week has not been a good one, but the ride will be sweet – favorite music, good cup of coffee for the road, and pre-dawn light.

Speaking of St. Pat’s, did I ever tell you that the Powers clan used to pour molten lead down their enemies throats? I’m sure I did, it’s my favorite story. I’m quite proud of my Irish ancestry – the same ancestry shared by the lovely lady in the last picture.




Books Plants

Of found gold and ghost orchids

After the orchid photos last week, a friend recommended that I check out the The Orchid Thief, by Susan Orlean. As serendipity would have it, Mike Golby just wrote a fascinating essay on the movie version of the book, Adaption, and the topic of passion, Gibson and otherwise:

We all have our desired Ghost Orchids and, damn it, we need them. I’m all for orchids. But the stronger our passions, the more we project them and the larger our shopping baskets become. Sometimes, we’re given opportunity to fill them. But I sometimes find myself hoping that, if confronted by one of my Ghost Orchids, I’d duck and run. Well, maybe not run; I’ll just play things cool… thinking things through, you understand.

There is beauty in the Ghost Orchid; beauty that can act as both impetus and anchor, and there’s only a thin fragment of self separating the two. As for me, I’m not sure that I am that passionate, about anything. I think, though, if I did come face to face with my Ghost Orchid, knowing who I am now, I would be content to look and not own. Regretfully.

Returning, though, to more mundane matters in passionate absentia, I was able to find The Orchid Thief at my city library, and the movie Adaption at my county library, along with a much desired documentary film on James Agee. I feel like a woman who has discovered gold coins when putting her hand into a seemingly empty satchel, and I will now indulge in an unseemly fit of gloating.