"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech; or the right of the people peacably to assemble, and to petition the Government for a redress of grievances."
U.S. Constitution, 1st Amendment (1791)
There was a post recently on Nextdoor where, once again, someone spoke of the right to free speech as though it is an absolute positive right, when indeed, as the text of the amendment itself shows, it is a negative right exercisable against the government and nobody else.
Facebook can censor you, as can the Indianapolis Star, Nextdoor.com, and the guy who refuses to let you use his microphone to broadcast your crazy views. None of these abridge your right to free speech, as guaranteed by the 1st amendment. It's only when the government does so that it becomes a problem.
There are numerous aspects to this concept, and this is only one of them. However, please bear in mind that the government can't pass a law to suppress your views, but any private organization under the sun can suppress your views to their hearts' content.
Sunday, March 26, 2017
Speaking of Grocery Stores & How Terrible Kroger Is
My wife went to Fresh Thyme the other day in Avon. Frankly, had she told me beforehand, I probably would have discouraged this, as I have always kind of believed that Fresh Thyme was kind of like Whole Paycheck Foods, in that they cherrypicked their produce from their distributors and charged an exorbitant premium for that.
I was wrong.
She told me about the following things that distinguished Fresh Thyme from our beloved localdumpster fire Kroger.
I was wrong.
She told me about the following things that distinguished Fresh Thyme from our beloved local
- There was an employee monitoring the parking lot and ensuring that it was kept clean. Please note the distinction between that conscientious practice and the practice of our local Kroger . . . letting trash build up ad nauseum and cleaning up approximately once per year.
- Employees in every section looking for a reason to help. Again, I note the contrast with our local Kroger, who somehow manages to position employees in the middle of every aisle, stocking shelves, at the busiest times of the week. I mean, I'm no expert here, but it would seem to make sense to have your stocking operations done overnight, when the store has minimal customers. On the other hand, you could be like Kroger and do so at noon on Saturday and around 6 o'clock on week nights.
- Employees who are actually trying to help. I don't know if it's a management issue with Kroger or difficulty finding quality employees at the wage they pay, but their employees seem to be surly (not always, but often). Fresh Thyme's employees actually made an effort to help customers. Quite a change.
This post could go on for days if I started enumerating all that is wrong with Kroger. Suffice it to say, something needs to change in that shopping center. When the people in the immediate vicinity don't want to shop at Kroger and instead will drive nearly a half hour to go shopping, there's a problem.
Trashy
The word just stings, doesn't it?
"Trashy."
It burns me up when people refer to Speedway as "trashy." It burns me up even more when people make Speedway "trashy." Just today, there was a post on Nextdoor.com about trash blowing through the parking lot at the Speedway Supercenter (where Kroger is).
A photo:
How hard is it for Kroger to have an employee empty the garbage can? How long could it possibly take? It's not as though it's a mystery what happens when garbage cans overflow.
To be fair, of course, how hard is it for people to just wait until they can find someplace to throw their trash away where it is not a certainty that the trash will simply wind up on the ground? How hard is it for people to take some responsibility for the community in which they live? That starts with throwing trash away in the proper place.
I have no idea who the problem is. I have seen rants on Nextdoor about people simply dropping their trash anywhere they want, throwing cigarette butts on the ground, etc.
To all concerned (the store owners, the commercial landlord, those who litter): Things are the way they are because you are the way you are. Picking up your trash is not someone else's responsibility. It is yours. If you don't respect your own property and your own community, how can you ever expect anyone else to respect it?
It's called pride, people. Take some. While we're at it, they're called clues: get one.
"Trashy."
It burns me up when people refer to Speedway as "trashy." It burns me up even more when people make Speedway "trashy." Just today, there was a post on Nextdoor.com about trash blowing through the parking lot at the Speedway Supercenter (where Kroger is).
A photo:
 |
| Credit: Greg Smith |
To be fair, of course, how hard is it for people to just wait until they can find someplace to throw their trash away where it is not a certainty that the trash will simply wind up on the ground? How hard is it for people to take some responsibility for the community in which they live? That starts with throwing trash away in the proper place.
I have no idea who the problem is. I have seen rants on Nextdoor about people simply dropping their trash anywhere they want, throwing cigarette butts on the ground, etc.
To all concerned (the store owners, the commercial landlord, those who litter): Things are the way they are because you are the way you are. Picking up your trash is not someone else's responsibility. It is yours. If you don't respect your own property and your own community, how can you ever expect anyone else to respect it?
It's called pride, people. Take some. While we're at it, they're called clues: get one.
Saturday, March 25, 2017
Hoosier BBQ
I have nothing but good things to say about Bourbon & Barbecue. I am super impressed by their local beer list, as well as their bourbon list. As far as their BBQ goes, I tell people that it is sufficient. This is Indiana, not Kansas City or Texas. We don't fetishize BBQ here the way they do there. Nonetheless, I think Bourbon & Barbecue holds up well to every other place in the city.
But this post is not about Barbecue & Bourbon. This post is about Speedway. I think that we need a Barbecue competition in Speedway; it would be especially awesome if we could do some sort of a Pro-Am tournament.
I think that this would help create community cohesiveness, and could be a vehicle whereby the community raises money for some good cause or another. I imagine having a dozen or so entrants in Leonard or Meadowood Park, or maybe along Main Street; engage a few rock n' roll bands to play; have a brewery or two serve beer.
I imagine having 3-4 categories of competition: ribs, chicken, pulled pork, brisket. I, for one, would definitely enter some pulled pork, and maybe some chicken. As far as the money goes, perhaps the contestants pay an entry fee and the people who come to the competition either buy a plate or pay a "judge's fee" so that they can have samples of all the different entrants and vote thereupon. Perhaps we could engage IMS or Allison as corporate partners to help underwrite.
As far as the "prize," I think it would be more of a bragging rights prize than anything. I don't imagine we would be able to involve enough money to make it "worth" the money for people who would only do this for the money. As for me, I'd rather have a trophy that gets passed around every year and the bragging rights that go along with it than a hundred bucks or so.
Just a thought on this beautiful Saturday morning.
But this post is not about Barbecue & Bourbon. This post is about Speedway. I think that we need a Barbecue competition in Speedway; it would be especially awesome if we could do some sort of a Pro-Am tournament.
I think that this would help create community cohesiveness, and could be a vehicle whereby the community raises money for some good cause or another. I imagine having a dozen or so entrants in Leonard or Meadowood Park, or maybe along Main Street; engage a few rock n' roll bands to play; have a brewery or two serve beer.
I imagine having 3-4 categories of competition: ribs, chicken, pulled pork, brisket. I, for one, would definitely enter some pulled pork, and maybe some chicken. As far as the money goes, perhaps the contestants pay an entry fee and the people who come to the competition either buy a plate or pay a "judge's fee" so that they can have samples of all the different entrants and vote thereupon. Perhaps we could engage IMS or Allison as corporate partners to help underwrite.
As far as the "prize," I think it would be more of a bragging rights prize than anything. I don't imagine we would be able to involve enough money to make it "worth" the money for people who would only do this for the money. As for me, I'd rather have a trophy that gets passed around every year and the bragging rights that go along with it than a hundred bucks or so.
Just a thought on this beautiful Saturday morning.
Wednesday, March 22, 2017
Speedway Farmers' Market
The "farmers' market" or "market in the park" in Meadowood Park is over.
What took it this long to die?
Don't get me wrong, I believe that Speedway needs and deserves to have a good farmers' market. Maybe it would be even better to have it somewhere indoors . . . perhaps one of the schools?
Speedway is a small town that seems to be rather tight knit; there is more enthusiasm here for supporting local business than any of the (many) other places I've lived over the years. So, reason no. 1 for a Speedway Farmer's Market? Speedway would support it.
Many would say, "But they didn't support the one at Meadowood Park . . .". They would be right, but there is a reason people didn't support the one at Meadowood. For starters, it was only once per month. How can you develop a habit of doing something only once per month, for one season a year? In other words, how can I make a habit of something I do four times a year? That's not a habit; that's a few isolated, repeated behaviors.
Second, Sunday? Really? Sunday is a day to be home with the family, go to church, etc. Saturday is the day for errands. That's why kids' swim lessons are on Saturday. That's why the city market has its downtown market on Saturday. Need I go on?
Third, because it is only once a month and, thus, I can't make a habit of it, so too is its rarity preclusive to vendors' making a habit of attending. People vend at farmers' markets because they want the money. Once a month is a hobby. Once a week is an income source.
In sum, I believe that Speedway would support a farmers' market. I believe that the reason the market in Meadowood didn't garner sufficient support is that it was too rare, both for vendors and customers, and it was on Sunday. I would love to see Speedway to a farmers' market. Perhaps in the parking lot at Kroger? It's an enormouswaste of space parking lot.
I have read that Carol Wellman is starting a community garden group. Perhaps she has something in the offing? I certainly hope it goes over well.
What took it this long to die?
Don't get me wrong, I believe that Speedway needs and deserves to have a good farmers' market. Maybe it would be even better to have it somewhere indoors . . . perhaps one of the schools?
Speedway is a small town that seems to be rather tight knit; there is more enthusiasm here for supporting local business than any of the (many) other places I've lived over the years. So, reason no. 1 for a Speedway Farmer's Market? Speedway would support it.
Many would say, "But they didn't support the one at Meadowood Park . . .". They would be right, but there is a reason people didn't support the one at Meadowood. For starters, it was only once per month. How can you develop a habit of doing something only once per month, for one season a year? In other words, how can I make a habit of something I do four times a year? That's not a habit; that's a few isolated, repeated behaviors.
Second, Sunday? Really? Sunday is a day to be home with the family, go to church, etc. Saturday is the day for errands. That's why kids' swim lessons are on Saturday. That's why the city market has its downtown market on Saturday. Need I go on?
Third, because it is only once a month and, thus, I can't make a habit of it, so too is its rarity preclusive to vendors' making a habit of attending. People vend at farmers' markets because they want the money. Once a month is a hobby. Once a week is an income source.
In sum, I believe that Speedway would support a farmers' market. I believe that the reason the market in Meadowood didn't garner sufficient support is that it was too rare, both for vendors and customers, and it was on Sunday. I would love to see Speedway to a farmers' market. Perhaps in the parking lot at Kroger? It's an enormous
I have read that Carol Wellman is starting a community garden group. Perhaps she has something in the offing? I certainly hope it goes over well.
Sunday, March 19, 2017
Sidewalks and Bike Trails
As a general rule, Speedway is pretty good about having sidewalks and such throughout. I live in the Meadowood Park area, and there are sidewalks throughout the neighborhood . . . one of the features that attracted me to the neighborhood in the first place.
Similarly, I have noticed that the neighborhood just to the west of IMS has sidewalks more or less throughout. The same is true for the neighborhood from Main to Lynhurst.
I can't stress enough how nice it is to be able to ride a bike from my neighborhood to Main St. when it is nice out. I can put the kids in a Burley and ride down to Main for some Yogulatte or ride up to the bakery on H.S. Rd. near 30th.
One thing that I do rue, however is the portion of Moeller Rd. that has no sidewalk, roughly from Hollister south to 26th Street.
Granted, in the entire universe of problems, this is a fairly small one. However, for anyone who wishes to walk to the high school, or anywhere south of that, from the Meadowwood neighborhood east of the park (I can't speak to those to the north and west of the park), it requires either a fairly significant detour to avoid this 1000-foot sidewalk-free stretch.
I wonder what the holdup is to completing the sidewalk. Is it the handful of property owners along Moeller Rd. that refuse to allow a sidewalk? Did the Town just run out of money 95% of the way through building sidewalks in the area?
As to whether the sidewalk is worth building, I would assert that it absolutely is. See below a rough outline of the number of houses that are precluded from walking or riding bicycles to the school by this missing sidewalk link.
Note that all houses located within the orange square must detour to Meadowood Dr. in order to remain on sidewalks to get to the high school. Should they attempt to walk or ride along Moeller Road where the yellow line is, they are at the mercy of hurried drivers in large metal machines.
 |
| Looking at Meadowood Park from the east |
 |
| Along the west side of Meadowood park |
Similarly, I have noticed that the neighborhood just to the west of IMS has sidewalks more or less throughout. The same is true for the neighborhood from Main to Lynhurst.
 |
| Intersection of 22nd & Winton. Notice the sidewalks on both sides of the street. |
I can't stress enough how nice it is to be able to ride a bike from my neighborhood to Main St. when it is nice out. I can put the kids in a Burley and ride down to Main for some Yogulatte or ride up to the bakery on H.S. Rd. near 30th.
One thing that I do rue, however is the portion of Moeller Rd. that has no sidewalk, roughly from Hollister south to 26th Street.
 |
| Looking south on Moeller from Hollister. |
 |
| Another view south on Moeller, this time from approximately Beauport |
 |
| Looking north on Moeller from where the sidewalk starts up again. |
As to whether the sidewalk is worth building, I would assert that it absolutely is. See below a rough outline of the number of houses that are precluded from walking or riding bicycles to the school by this missing sidewalk link.
 |
| Aerial view of the eastern end of Meadowood Park area. |
In the universe of good uses for tax money, I believe that sidewalks have a privileged spot. As I stated at the outset, Speedway is generally pretty good about walkability and sidewalks. I don't think that this is just hippy dippy stuff, either. Sidewalks are a selling point for homes and help support high home values, not to mention community connectivity and, to a limited degree, better health.
Personally, I would rather see our town float a bond to complete sidewalks prior to floating a bond to build a parking garage. My thoughts on that are well known, however.
Free Will
Interesting question: Is deciding to go without a necessity because you can't afford it an exercise in freedom or a human tragedy?
Saturday, March 18, 2017
Interesting Note on Birth Control
Yesterday, I came across an interesting article in Vox focused on Planned Parenthood and how it is more than simply an abortion mill. Full disclosure, when I was in my 20s and working my oh-so-lucrative job at Applebee's in Ft. Wayne, Planned Parenthood was where many of my co-workers were able to get birth control. They couldn't afford it anywhere else.
Anyway, this article notes that if Planned Parenthood were to shut down, there would be 105 counties in America that would no longer have a full-service birth control clinic in the county. Interestingly, one of those counties is good old Bartholomew County, Indiana... home of Columbus, IN, and Mike Pence.
Interesting irony. I suppose that when we elect people who say that working mothers stunt their children's growth, that want to make birth control unavailable and illegal, and believe that condoms are ineffective because they're too complicated, we should take them at their word.
Congratulations Columbus, IN. You got what you wished for.
Anyway, this article notes that if Planned Parenthood were to shut down, there would be 105 counties in America that would no longer have a full-service birth control clinic in the county. Interestingly, one of those counties is good old Bartholomew County, Indiana... home of Columbus, IN, and Mike Pence.
Interesting irony. I suppose that when we elect people who say that working mothers stunt their children's growth, that want to make birth control unavailable and illegal, and believe that condoms are ineffective because they're too complicated, we should take them at their word.
Congratulations Columbus, IN. You got what you wished for.
Thursday, March 16, 2017
Speedway Parks - Master Plan
I just saw that the Town of Speedway has posted its proposed master plan for parks and recreation.
For anyone having difficulty viewing it, you can find it here.
I haven't had the chance to read the entire thing, so I really have no comments. I did see that they suggest cutting down the dead trees in Meadowwood Park . . . seems reasonable to not have dead trees hanging over children as they play.
I do wonder, though, why it is that the Town continually hires consultants for things such as this. Anyone have any idea how much the Town has paid "pros consulting"? I'd be curious to know.
For anyone having difficulty viewing it, you can find it here.
I haven't had the chance to read the entire thing, so I really have no comments. I did see that they suggest cutting down the dead trees in Meadowwood Park . . . seems reasonable to not have dead trees hanging over children as they play.
I do wonder, though, why it is that the Town continually hires consultants for things such as this. Anyone have any idea how much the Town has paid "pros consulting"? I'd be curious to know.
Wednesday, March 15, 2017
Bonds and Parking
Thank you to the Town Press for posting information on Nextdoor.com regarding the upcoming Town Council meeting whereby residents can voice concerns about the Redevelopment Commission floating a few million dollars in bonds to build a parking garage.
I am by no means an expert in public finance, so to the experts out there, please accept my apologies.
That said, I can't help but wonder why it is that our Town sees the need to run such a convoluted deal. If the Town wants to publicly finance a parking garage, they should do so in as much of a straight-forward manner as possible . . . preferably by raising a visible and dedicated tax (so that people know what they're paying for the things they get).
Contrarily, if the Town doesn't want to publicly fund a parking garage, don't fund a parking garage.
This isn't long division. We don't need some sort of a convoluted lend/lease deal that completely hides who benefits from the deal.
If you're going to fund something, fund it openly and honestly. If not, don't do it. By all means, though, if you're going to fund stuff, don't obfuscate to the point of incoherence such that your citizens/taxpayers (you know, those actually paying the bills) can't understand what is going on.
UPDATE: Full disclosure, I should note that I am an attorney and, to some degree, understand what the legal notice is getting at. Nonetheless, I stand by my original point that it should not require a law degree to understand what one's elected officials are doing with public money.
I am by no means an expert in public finance, so to the experts out there, please accept my apologies.
That said, I can't help but wonder why it is that our Town sees the need to run such a convoluted deal. If the Town wants to publicly finance a parking garage, they should do so in as much of a straight-forward manner as possible . . . preferably by raising a visible and dedicated tax (so that people know what they're paying for the things they get).
Contrarily, if the Town doesn't want to publicly fund a parking garage, don't fund a parking garage.
This isn't long division. We don't need some sort of a convoluted lend/lease deal that completely hides who benefits from the deal.
If you're going to fund something, fund it openly and honestly. If not, don't do it. By all means, though, if you're going to fund stuff, don't obfuscate to the point of incoherence such that your citizens/taxpayers (you know, those actually paying the bills) can't understand what is going on.
UPDATE: Full disclosure, I should note that I am an attorney and, to some degree, understand what the legal notice is getting at. Nonetheless, I stand by my original point that it should not require a law degree to understand what one's elected officials are doing with public money.
An Open Letter to the President
Mr. President,
I voted against you in 2016 and will likely vote against you in 2020. My reasons for doing so are my own, but I'd like to share with you the thing you could do to get my vote, and millions of others, in 2020.
Institute single-payer national health insurance.
We currently spend approximately twice as much per capita as other wealthy nations on healthcare, yet we still (even after Obamacare) don't cover all of our citizens. How is it that other countries spend less per person and still manage to cover all people? As you would say in other contexts, we're getting ripped off.
Currently, my family's health insurance premium is almost as much as my mortgage. An illness would bankrupt my family. I would add that you need not feel bad for us, as we're doing pretty well. I'm an educated professional who is gainfully employed, yet we're still no more than a single illness away from bankruptcy.
All of this talk about "choice" in health insurance is fine and good, but what choice will a 55 year old me have when I can only afford, for example, prostate cancer coverage or cardiology coverage, but not both? Should I alternate between coverage each year and have my claims denied under the "known loss"/pre-existing condition doctrine?
Richard Nixon went to China, something a Democrat could never do. Mr. Trump, you could institute single-payer healthcare and save us all 30-50% on our healthcare bills. You campaigned on being a different kind of Republican. You campaigned on negotiating better deals on behalf of regular Americans.
You, of all people, could finally put to rest this notion that America has the "best healthcare system in the world," outcomes (26th best life expectancy, right behind Slovenia) and cost (approximately twice what other wealthy nations spend per capita) notwithstanding.
Now is the time. Put up or shut up. You ran as an anti-elitist outsider. Now is the time.
Institute single-payer national health insurance.
We currently spend approximately twice as much per capita as other wealthy nations on healthcare, yet we still (even after Obamacare) don't cover all of our citizens. How is it that other countries spend less per person and still manage to cover all people? As you would say in other contexts, we're getting ripped off.
Currently, my family's health insurance premium is almost as much as my mortgage. An illness would bankrupt my family. I would add that you need not feel bad for us, as we're doing pretty well. I'm an educated professional who is gainfully employed, yet we're still no more than a single illness away from bankruptcy.
All of this talk about "choice" in health insurance is fine and good, but what choice will a 55 year old me have when I can only afford, for example, prostate cancer coverage or cardiology coverage, but not both? Should I alternate between coverage each year and have my claims denied under the "known loss"/pre-existing condition doctrine?
Richard Nixon went to China, something a Democrat could never do. Mr. Trump, you could institute single-payer healthcare and save us all 30-50% on our healthcare bills. You campaigned on being a different kind of Republican. You campaigned on negotiating better deals on behalf of regular Americans.
You, of all people, could finally put to rest this notion that America has the "best healthcare system in the world," outcomes (26th best life expectancy, right behind Slovenia) and cost (approximately twice what other wealthy nations spend per capita) notwithstanding.
Now is the time. Put up or shut up. You ran as an anti-elitist outsider. Now is the time.
Saturday, March 11, 2017
The Questioning Hour
I used to live in Canada, where they have the parliamentary system. Granted, I only lived there for 2 years in my early teens, so I can't get into the finer details of a multi-party parliamentary system, but it is my understanding that their Prime Minister is essentially the Speaker of the House + the President. In reality, it's much more complicated, but that's the gist of it, and my point is not to provide a dissertation on the parliamentary form of government.
Anyway, the one thing that I liked the most about the Canadian system (which I presume they picked up from the British) is the Prime Minister's Questioning Hour. The Prime Minister has to take questions from parliament for an hour a week. This isn't his press secretary giving canned answers like we have in the U.S. This is the prime minister answering his political adversaries directly.
How great would it have been to see President Obama take questions from Senator Ted Cruz? How about seeing President Pumpkin taking questions from Senator Elizabeth Warren? Both Cruz and Warren are brilliant attorneys; rest assured, they know how to cross examine.
I was thinking about that the other day when I heard a neighbor lament that going to Town Council meetings does not afford the opportunity to question our Councilors on what they are doing. Mea culpa, I do not go to Town Council meetings as much as I would like or believe I should. Being a litigation associate and father of two young children tends to limit one's time to go to weekday meetings. However, based on what I've heard, perhaps our own Town Council could benefit from adopting a Canadian ritual? How about the Councilor's Questioning Hour? Perhaps those councilors who represent the Main St. area could make themselves available at Dawson's or Lino's for questioning for an hour per week? How about Charlie Brown's on Saturday at noon? Perhaps those on the north and west end of Speedway could do likewise at Buffalo Wild Wings or McGilvery's?
Just a thought, or perhaps a dare to our councilors. How about it Council? Councilor's Questioning Hour? I think that this may go a long way to assuaging the discontent among many of the citizens who currently feel marginalized.
Again, just a thought.
Anyway, the one thing that I liked the most about the Canadian system (which I presume they picked up from the British) is the Prime Minister's Questioning Hour. The Prime Minister has to take questions from parliament for an hour a week. This isn't his press secretary giving canned answers like we have in the U.S. This is the prime minister answering his political adversaries directly.
How great would it have been to see President Obama take questions from Senator Ted Cruz? How about seeing President Pumpkin taking questions from Senator Elizabeth Warren? Both Cruz and Warren are brilliant attorneys; rest assured, they know how to cross examine.
I was thinking about that the other day when I heard a neighbor lament that going to Town Council meetings does not afford the opportunity to question our Councilors on what they are doing. Mea culpa, I do not go to Town Council meetings as much as I would like or believe I should. Being a litigation associate and father of two young children tends to limit one's time to go to weekday meetings. However, based on what I've heard, perhaps our own Town Council could benefit from adopting a Canadian ritual? How about the Councilor's Questioning Hour? Perhaps those councilors who represent the Main St. area could make themselves available at Dawson's or Lino's for questioning for an hour per week? How about Charlie Brown's on Saturday at noon? Perhaps those on the north and west end of Speedway could do likewise at Buffalo Wild Wings or McGilvery's?
Just a thought, or perhaps a dare to our councilors. How about it Council? Councilor's Questioning Hour? I think that this may go a long way to assuaging the discontent among many of the citizens who currently feel marginalized.
Again, just a thought.
Friday, March 10, 2017
Hugh Hewitt making sense?
I read something in the Washington Post today by Hugh Hewitt, the blowhard "conservative" talk radio host. Surprisingly, I actually agreed with some of what he said:
I have studied the Constitution, and I generally do not revere it like some who "don't need to read it to know what it says." I perceive our constitution to be a grand but flawed system, but I digress.
Mr. Hewitt, in his normal blowhardism, of course takes it too far.
Perhaps Mr. Hewitt is unfamiliar with the details of this (because who cares about details when you have a radio show, amirite?), but there is a longstanding principle known as the "anti-commandeering" principle. Without getting too far in the weeds, here is a quote from the Supreme Court authored by Justice O'Connor from the early 1990s. This case deals with toxic waste dumps and is by no means the only case on this issue, but it illustrates the point:
The case goes on to note the two methods at issue: attaching strings to federal spending, and offer states the choice of regulating something themselves or having the federal government do so.
The point of all of this is twofold:
1. You really should not piously claim allegiance to the constitution unless you're willing to claim allegiance to the entire thing, even the parts you dislike.
2. The federal government has a limited ability to force states to adopt policies. For Mr. Hewitt's purposes, if the federal government wants to enforce immigration laws in San Francisco or Chicago, it has the power to do so. It can't force those cities to do it for them. Likewise with marijuana. If the Trump administration wants to crack down on marijuana in Colorado or California, it has the power to do so. It does not have the power to force the state of Colorado or California to do it for them.
A small piece of constitutional law, for those having a difficult time taking their mid-morning nap.
You can’t call yourself a conservative if you don’t stand with the Constitution over your personal preferences.This is an important point that I would make to many of my conservative friends. If you cloak yourself in the constitution, you have to accept both the parts you like (2nd Amendment) and those you probably don't like (1st, 4th, 5th, 14th, 16th. 24th Amendments; Supremacy Clause; Establishment Clause).
I have studied the Constitution, and I generally do not revere it like some who "don't need to read it to know what it says." I perceive our constitution to be a grand but flawed system, but I digress.
Mr. Hewitt, in his normal blowhardism, of course takes it too far.
Sanctuary cities and marijuana legalization statutes are examples of local and state governments ignoring federal law.No. They're not. They're simply examples of local and state governments refusing to allow their resources to be commandeered by the federal government to enforce policies with which they disagree. There's a difference.
Perhaps Mr. Hewitt is unfamiliar with the details of this (because who cares about details when you have a radio show, amirite?), but there is a longstanding principle known as the "anti-commandeering" principle. Without getting too far in the weeds, here is a quote from the Supreme Court authored by Justice O'Connor from the early 1990s. This case deals with toxic waste dumps and is by no means the only case on this issue, but it illustrates the point:
The allocation of power contained in the Commerce Clause, for example, authorizes Congress to regulate interstate commerce directly; it does not authorize Congress to regulate state governments' regulation of interstate commerce.
New York v. United States, 505 U.S. 144 (1992)This is not to say that Congress lacks the ability to encourage a State to regulate in a particular way, or that Congress may not hold out incentives to the States as a method of influencing a State's policy choices. Our cases have identified a variety of methods, short of outright coercion, by which Congress may urge a State to adopt a legislative program consistent with federal interests. Two of these methods are of particular relevance here.
The case goes on to note the two methods at issue: attaching strings to federal spending, and offer states the choice of regulating something themselves or having the federal government do so.
The point of all of this is twofold:
1. You really should not piously claim allegiance to the constitution unless you're willing to claim allegiance to the entire thing, even the parts you dislike.
2. The federal government has a limited ability to force states to adopt policies. For Mr. Hewitt's purposes, if the federal government wants to enforce immigration laws in San Francisco or Chicago, it has the power to do so. It can't force those cities to do it for them. Likewise with marijuana. If the Trump administration wants to crack down on marijuana in Colorado or California, it has the power to do so. It does not have the power to force the state of Colorado or California to do it for them.
A small piece of constitutional law, for those having a difficult time taking their mid-morning nap.
No-Politics Friday: Termination Forestalled . . . For Now
I'll admit that I'm not the biggest Tom Crean fan. I'm not really sure what it is about him that I don't like, but I dislike it fervently.
I saw the Hoosiers get a win last night over Iowa in the B1G tournament; I suppose I should be happy. However, I feel like that win was similar to a football team calling timeout with 90 seconds left in a game when they're down 21 or more. It simply forestalled the inevitable.
I saw the Hoosiers get a win last night over Iowa in the B1G tournament; I suppose I should be happy. However, I feel like that win was similar to a football team calling timeout with 90 seconds left in a game when they're down 21 or more. It simply forestalled the inevitable.
Subscribe to:
Posts (Atom)