Category: judiciary

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judiciary Second Amendment rights U.S. Constitution

Advance for Rights

Next to the Bill of Rights, the Fourteenth Amendment might well be the most momentous Amendment to the Constitution. Here’s the most interesting chunk of it:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Before this amendment, adopted after the Civil War (mainly to keep white southerners from tyrannizing ex-slaves), the Bill of Rights had applied to individuals only against the federal government. After it, states were required to follow the Bill of Rights, too.

This week, in McDonald v. City of Chicago, five of nine members of the Supreme Court decided that the Second Amendment guarantees the right to own guns against prohibitive regulation by states. In Heller, two years ago, the Supreme Court had applied the Second Amendment to individuals only against federal government regulation.

McDonald is a major advance for gun ownership rights. But the most interesting thing about the case is Justice Clarence Thomas’s separate concurrence. Four of the Justices decided that the 14th Amendment’s “due process” clause applied. Thomas argued, instead, that it is the “privileges and immunities” clause that matters.

Why care? Well, “privileges and immunities” is just a fancy way of saying “rights.”

That’s why we have courts. To protect our rights.

This is Common Sense. I’m Paul Jacob.

Categories
judiciary responsibility

Pump Down the Volume

Can somebody sue you for making something wonderful that might hurt somebody else who uses your product carelessly?

Of course. This is America, land of the Bill of Rights, mom, apple pie, Chevrolet . . . and outrageous litigation.

Some suits are sound, sure. But, on top of those you’ve got your money-grubbing frivolous actions, pushed by freeloaders and fronted by freebooters, er, lawyers. But at least these folks don’t always win. That’s where I’ve got some good news to pass along: A federal court has slapped down ludicrous litigation against Apple Computer.

Apple makes the popular iPod media player. Litigants Joseph Birdsong and Bruce Waggoner alleged that Apple is culpable for “possible hearing loss” resulting from iPod use, thanks to allegedly improper earbud design.

Birdsong and Waggoner don’t assert that their own eardrums had burst, or even that the ears of others had suffered. In fact, the ruling against them notes: “At most, the plaintiffs plead a potential risk of hearing loss. . . .”

Obviously, when your own careless conduct causes you harm, you alone are responsible. Turn  your stereo volume to the max and press your ear against stereo speakers. It isn’t the stereo maker’s fault when your eardrums pop.

By the way, iPods also have volume control.

This is Common Sense. I’m Paul Jacob.

Categories
government transparency judiciary

The Judges, the Lawyers, and the People

In legal circles, when folks think of Missouri, they think of the “Missouri Plan.” Seventy years ago, Missouri instituted a new method of selecting judges, especially the judges that sit on the state’s supreme court. The plan was copied by many other states.

It is beloved by the insiders.

A few years ago, I wrote at Townhall.com: “[T]he Missouri Bar has something of a lock on the whole process. . . . It’s supposed to be non-partisan. Bottom line is that lawyers are in control.”

A judicial commission controlled by the state bar association picks the judges that the governor must then pick from — with the bulk of the commission’s work done behind closed doors.

Missourians are shocked when informed how the process works. So are folks in other states that have adopted the Missouri Plan. It isn’t transparent and it puts key decision-making on judges in the hands of an unelected special interest.

But things may be looking up. A group called Better Courts for Missouri submitted paperwork to start a new petition. The group aims to gather enough signatures to put a constitutional amendment on the ballot in 2010, to open up the system, make it more transparent.

Legislative attempts to change the system have failed. Generally, politically powerful lawyers are for a plan that lets lawyers have the biggest say.

Well, now they are up against competition. The people.

This is Common Sense. I’m Paul Jacob.

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judiciary

I Don’t Rule the World

Last week I had some fun with Judge Sonia Sotomayor’s comment to the effect that she was able to make better judicial decisions than a white male because of her experiences as a Latina.

I don’t take offense “as a white male.” I object as a rational human being.

But while Judge Sotomayor continues to catch flak, I must say, bashing white males has become rather commonplace.

Being rational, not so much.

For instance, Kathleen Parker, a usually reasonable columnist, had this to say in defending Sotomayor’s statement:

“Could a white man get away with saying something comparable about a Latina? Of course not. After Latinas have run the world for 2,000 years, they won’t be able to say it ever again.”

So the reason it is open season on white males is because we run the world?

You see, I’m a white male and I’ve never ruled the world. Not even for one minute.

I don’t even want to rule the world. I don’t even want to dictatorially rule my own house — that’s done by a a nice oligarchy of my wife and me, with a barking veto from the dog.

I’d like my freedom, though, and to have a democratic say in my government.

Oh, and to be judged on my demonstrated character . . . not blamed for what some other guy with similar skin hues did two thousand years ago.

This is Common Sense. I’m Paul Jacob.

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judiciary

Help Is Not on the Way

Think twice before you save people about to lose their lives, at least if you live in California.

The state supreme court there just ruled that good Samaritans can be held liable if they cause or aggravate an injury while rendering emergency help if that help is not medical.

A 1980 California law protects persons who render emergency aid from just such liability. But in a recent decision, the high court divined that this protection only pertains to “medical” care.

Therefore, Lisa Torti is liable for damages for pulling her coworker, Alexandra Van Horn, out of a car wreck in 2004. Van Horn became a paraplegic as a result of the accident. Ms. Torti did not cause the crash, but she was reluctant to stand by to witness her friend die should the car explode.

In his dissent, Justice Marvin Baxter observes that the perverse result of the ruling is that a person “who dives into swirling waters to retrieve a drowning swimmer can be sued for incidental injury he or she causes while bringing the victim to shore, but is immune for harm he or she produces while thereafter trying to revive the victim.”

So, hide your identity when you rescue people in California. That way, when you save somebody’s life and he yells, “Who was that masked man? Because I want to sue!” — he’ll be out of luck.

This is Common Sense. I’m Paul Jacob.

Categories
judiciary property rights too much government

© Is for California

You might think that there’s nothing a government won’t try. You’d be right. But I was near stupified to learn that the state of California copyrights its laws. And it’s not alone.

The state tries to control — through copyright — how you can access its laws, where and how you store them, etc. The state makes available its building codes, plumbing standards and criminal laws online, but requires you to ask for permission to download them!

The state’s out to make money. It charges $1,556 for a digital version, more for a print-out, and makes nearly a million dollars a year selling what is legally ours.

Yes, what’s ours. We are a nation of laws, not of men, and we have the right to own and reprint our laws as much as we want. The purpose of copyright is to ensure private parties can maintain some control over their intellectual property. But the laws themselves are, in point of elementary political theory, the intellectual property of all. Not of state bureaus.

Thankfully, heroic Internet technician and mover and shaker Carl Malamud believes in government transparency. And he, unlike Al Gore, really worked to help build the Internet.

On Labor Day Mr. Malamud published the whole California code online. Available for free.

Obviously, Malamud is spoiling for a fight. Good. He should win it. He has, after all, the law (if not the state) on his side.

This is Common Sense. I’m Paul Jacob.

Categories
judiciary jury rights and duties

Penn’s Jurors’ Treason — Our Reason

Remember, remember the Fifth of September, when jurors freed Penn of the knot. I know of no reason why Penn’s jurors’ treason should ever be forgot.

Alaska Governor Sarah Palin is one of three governors who have honored September 5, officially, as Jury Rights Day. From her 2007 proclamation we learn that 338 years ago, in the trial of William Penn, his jury refused to convict him of violating England’s Conventicle Acts, despite clear evidence that he acted illegally by preaching a Quaker sermon.

In acquitting Penn, the jury acted against the judge’s explicit instructions, perhaps spurred by the judge’s own illegality, not allowing Penn to make a defense. So the judge threw the jurors in prison, on September 5.

In my little ditty, my parody of the Guy Fawkes Day rhyme, I indicated Penn was in danger of hanging. I doubt that. It rhymes; that’s my excuse. But he was in danger of harsh imprisonment, at the very least, merely for gathering people so he could preach.

The jurors who resisted a bad law and a rogue judge risked a lot. But they not only freed Penn, who went on to found Pennsylvania, they established important principles to be found today in our Bill of Rights — and in the principle of jury nullification. They served justice by judging the law as well as the accused.

I know of no reason why Penn’s jurors’ “treason” should ever be forgot!

This is Common Sense. I’m Paul Jacob.

Categories
Common Sense insider corruption judiciary term limits

Another OK Court Decision?

Here’s another interesting court decision in Oklahoma. Oh, this time it’s not a petition with hundreds of thousands of voter signatures being tossed out. And no, it’s not quite as crazy as that ruling allowing a man to photograph up the skirts of girls at the mall.

This time Oklahoma’s highest court has ruled that former State Senator Gene Stipe is entitled to an $84,000 a year state pension.

Gene Stipe was a state legislator for 54 years, the longest in history. But in 2003, facing removal due to term limits and a federal indictment, Stipe resigned. He was then convicted on federal campaign violations and perjury.

Stipe also faces new charges of conspiracy, mail fraud, witness-tampering and illegal monetary transactions. Talk about an experienced legislator.

Oklahoma’s retirement system board ruled that Stipe’s crimes violated his oath of office. A 1981 law requires in such case the pension benefits are forfeit. But the Oklahoma Supreme Court decided otherwise, giving Stipe his full pension. The lone dissenter, Chief Justice Winchester, wrote “I would assert that tampering with an election goes to the very heart” of the oath of office.

Some wonder why Attorney General Drew Edmondson hasn’t investigated Stipe on state charges. But Stipe is a large contributor to Edmondson. When the AG was asked why he hadn’t returned Stipe’s money, Edmondson explained there was no conflict, since, after all, he wasn’t investigating Stipe.

This is Common Sense. I’m Paul Jacob.

Categories
Accountability judiciary national politics & policies

Broken Contract

Politicians say Social Security is a solemn contract between government and the people. Well, a contract is enforceable in court. And in our litigious society it’s not surprising that someone did take the government to court to get what he said he was owed from Social Security.

The case, Flemming v. Nestor, went all the way to the U.S. Supreme Court. After paying in year after year, care to guess what the High Court says you are entitled to from Social Security? Is it (a) a set monthly payment, (b) at least 10 percent of what you’ve paid in, (c) whatever is behind door #3, or (d) whatever Congress says you get? The court’s answer was (d) whatever Congress says you get. Some contract.

The politicians are charging us over 15 percent of our income, but not guaranteeing us any specific benefit. You could die without ever getting back a dime, and your family wouldn’t get a dime either. Politicians have broken the contract on Social Security. They admit we must fix the System, but do nothing. They’ll simply wait until the money runs dry, blame others and then raise your taxes, slash benefits, or both.

Term-limited Representative Mark Sanford has a different plan. He says take Social Security out of the hands of politicians and let Americans control their own financial futures. Sometimes tough problems have pretty easy solutions.

This is Common Sense. I’m Paul Jacob.