I have argued that one of the reasons health insurance is so expensive, whether under ObamaCare or under the system we have now, is that some coverages are mandated whether the health care consumer wants/needs it or not. In the video below, Remy makes the same point but way more cleverly and humorously than I ever could comparing health care mandates to pizza toppings.
And a court that gave us Bush v. Gore and Citizens United will prove conclusively that it sees no limits on its power, no need to defer to those elected to make our laws. A Supreme Court that is supposed to give us justice will instead deliver ideology.
Really? EJ Dionne thinks that a legislature should be able to do whatever it wants, even if it violates the Constitution (as the Florida elections board did in Bush v. Gore and the US Congress did in Citizens United)? So he wants to throw out the entire doctrine of judicial review that’s existed since the days of English Common Law & Marbury v. Madison?
No, I don’t think that’s it. I don’t think he supports the Congress doing things that are unconstitutional. He’s just attacking the Court for striking down policies he likes. Just as conservatives do when the Court strikes down policies they like.
Claims of “judicial activism” are just criticisms of a Court doing something you disapprove of. But claims that the Court should defer to the legislature are misplaced — the Court is a check on the power of the legislature, as it should be. It’s there to rein in the legislature when they try to do something beyond the bounds of their Constitutional authority. That’s not judicial activism, that’s their job.
Rumor, conjecture, race, debate over the appropriateness of Florida’s “Stand Your Ground” (SYG), and the debate over concealed carry among other discussions in the media and social media have taken on lives of their own in fatal shooting of Trayvon Martin. Protests have sprung up around the country demanding “justice” for the “murder”* of Martin allegedly committed by George Zimmerman who claims that he fired the fatal shot(s) in self defense. Others wonder why this story, because of the racial aspects, receive so much national media attention while cases involving white victims with black suspects do not, implying a politically correct double standard.** To inflame the debate even more, leading presidential candidates have weighed in thus (perhaps) turning this case, not only into a black vs. white issue, but also red vs. blue (or Right vs. Left if you prefer).
These all may be relevant issues for another debate, but should not determine the level of “justice” that will hopefully be determined in a court of law rather than the court of public opinion. Unfortunately, it seems that most people have taken sides without knowing all of the relevant facts of the case. Personally, I haven’t “taken sides” because there is plenty of conflicting accounts of what happened that fateful night and I don’t trust everything that is being reported***.
The real question in the case is, did George Zimmerman truly act in self defense and stand his ground as he claimed? This depends entirely on what actually happened; the factual details in this case (known and unknown) is all that really matter. Neal Boortz wrote perhaps the most balanced piece I have read so far on this case. Here he outlines three possible scenarios of the night in question.
As for the SYG law and the Trayvon Martin case, I haven’t seen anyone else bring this up, but both Trayvon and Zimmerman had the SYG law on their side under the three possible operating scenarios here:
1. George Zimmerman. If Zimmerman was attacked by Trayvon, as he claims, he had the legal authority to use deadly force to repel the attack. BUT .. and this is a big but here .. if he was pursuing Trayvon, as he said he was, the SYG law would not protect him from prosecution. Zimmerman wasn’t standing his ground. He was in pursuit. I see no reason for repeal of SYG here because the law will not stand as a defense for what Zimmerman did. By the way …. I heard Juan Williams on Fox News Channel say – not once, but several times — that George Zimmerman had been told by the police to stop his pursuit of Trayvon. First of all, there is no evidence that the 911 dispatcher Zimmerman was talking to was was a police officer. Secondly, the dispatcher didn’t say “Don’t do that.” The dispatcher said “You don’t need to be doing that.” Telling someone that they don’t need to be doing something is quite different from telling someone NOT to do something. Williams should understand this.
2. Trayvon Martin: How would the SYG law stand to protect Trayvon? If Trayvon had noticed he was being followed, and if he elected to flee his pursuer he would have every right to do so. He would also have every right to turn and to confront his pursuer. That would be “standing your ground.” So the rumored testimony of this eyewitness who said he saw Zimmerman on the ground with Trayvon pummeling him does not necessarily implicate Trayvon. If he was standing his ground he was acting within the law.
3. Now here’s where it could get complicated. What if Zimmerman had ceased his pursuit of Trayvon and retreated to his car. What if Trayvon then pursued Zimmerman to his car and attacked him. Trayvon would then lose his protection under SYG, just as Zimmerman did when he initiated a pursuit. But if Zimmerman than became the pursued instead of the pursuer, does he then have the SYG law to rely on? That’s an interesting question, and one that I think would have to be put in front of a jury.
Obviously, the number of scenarios of what might have really happened cannot be limited to these three but I think these can serve as a useful starting point for a productive debate.
Can we all agree that if Zimmerman pursued (which by nearly all counts and by the 911 call seems to be the case at least initially) and confronted Martin, Zimmerman was not acting in self defense?
Can we also agree that IF Zimmerman was following Martin and gave reason for Martin to believe Zimmerman was meaning him harm that Martin also had every right to stand his ground and use lethal force if he believed it necessary to defend himself? Would those of you who wholeheartedly believe that Zimmerman was acting in self defense when he fired the shot(s) be defending Martin had HE shot and killed Zimmerman because Martin was in fear for his life?
The third scenario is the most difficult quandary of all but could a reasonable person conclude that maybe they were both in the wrong? Could Zimmerman’s wrongful pursuit be “canceled out” by Martin’s pursuit and attack if Zimmerman was returning to his vehicle? In the event that they both contributed to Martin’s death, what would be the appropriate verdict? In my lay opinion, convicting Zimmerman of murder would be inappropriate here; a good case could be made that he could be guilty of manslaughter though.
With all the conflicting reports in the media, it seems to me that this is hardly a cut and dry case of murder or standing one’s ground. People on all sides of this issue should resist making this about every civil rights sin ever committed by members of various races. This case is about two individuals, George Zimmerman and Trayvon Martin. Not Al Sharpton, nor the New Black Panthers, nor bigoted white people racially profiling.
For those of you who are marching for “justice” for Martin, is this truly what you want or do you want revenge? Are you willing to accept the possibility that after a jury (be it grand jury or a jury deciding if Zimmerman is guilty of murder or a lesser charge) hears the evidence that they might determine that there isn’t enough evidence to prove Martin guilty of murder? Like it or not, in our system the accused is supposed to be considered innocent until proven guilty. This means that sometimes people actually do get away with murder. If the state fails to prove Zimmerman is guilty, don’t blame the jury, blame the state for failing to prove his guilt.
For those of you who are certain that Zimmerman was in the right, I pose the same above question to you. Additionally, are you willing to modify your views if the facts turn out to be opposite of your initial thoughts on the case?
It’s high time for everyone to take a deep breath and let the process work and let the chips fall where they may. Justice is more important than your damned political agenda.
My wife and kids got me hooked on a series some of you may have heard of called The Walking Dead (and like the rest of the Walking Dead fans out there, I have to wait until October for the next season to begin as the characters have been left in quite a precarious situation) For those who haven’t heard of this series, basically Atlanta, GA (and as far as we know, the rest of the world) has been taken over by zombies (called “walkers” by most people who inhabit this world). While the series does have many of the elements of the zombie genre, the story and the characters in the story are quite a bit more complex.The story isn’t so much about the walkers as it is about the characters who not only have to survive this zombie apocalypse, but also manage to survive the other survivors and live with very limited resources.
One thing that becomes very clear at the beginning of this series is that many of the societal rules quickly go out the window when under constant threat of flesh eating walkers. Paper money is of no practical use (other than to start a fire perhaps). Debit cards and credit cards are even less valuable as there is no way to access your worthless money.
One other thing I noticed is that gold isn’t even a commodity that is of much use in this world.
It so happens that I have been reading Dave Ramsey’s book The Total Money Makeover as my wife and I are trying to apply his system to get our financial house in order (I highly recommend this book to anyone who wants to get out of debt). In the book I ran across the following passage in which Ramsey explains why he does not believe gold is a good investment, even as a hedge against a total economic collapse:
It is important to remember that gold is not used when economies fail. History shows that when an economy completely collapses, the first thing that appears is a black-market barter system in which people trade items for other items or services. In a primitive culture, items of utility often become the medium of exchange, and the same is temporarily true in a failed economy. A skill, a pair of blue jeans, or a tank of gas becomes very valuable, but not gold coins or nuggets. Usually a new government rises from the ashes, and new paper money or coinage is established. Gold will, at best, play a minor role, and the gold investor will be left with the sick feeling that real estate, canned soup, or knowledge would have been a better hedge against a failing economy. – The Total Money Makeover: A Proven Plan for Financial Fitness by Dave Ramsey (Thomas Nelson, 2003, 2007) p. 55.
I don’t know that I fully agree with Ramsey here though I’m by no means an expert on the history of gold or monetary policy. It seems to me that as a new civilization emerges from economic collapse, gold (and other commodities) would play a much greater role before people would accept any new fiat money. He seems to have a legitimate point, however; with regard to a collapsing or fully collapsed economy.
This is certainly the case in The Walking Dead. The resources most necessary to survive in this world are water, food, shelter, firearms, ammunition, medicine, fuel, spare parts, etc. Without these items, you aren’t going to survive for very long. Under these circumstances, who would trade a shotgun and ammunition for a bar of gold? I sure wouldn’t. I might trade a shotgun, assuming I already have enough firearms to hold the flesh eaters at bay, for some food and water. Better yet, I might offer to provide security for a few nights in exchange for food, water, and a temporary place to stay. This arrangement would continue as long as both parties agree.
In the course of the series, these are the kinds of arrangements that are worked out. Security is a major concern because, despite apparent efforts by the federal government to impose martial law, the government failed* and the law of the jungle is now in full effect. Many resources such as firearms, water, auto parts, food, fuel, etc. are scavenged from those who were either killed or simply abandoned their property (finders’ keepers).
Earlier in this season, the main characters find themselves at a dead end on the interstate as thousands of abandoned cars litter the road. Though on one hand this is very bad news, on the other, it’s an opportunity to scavenge whatever resources were left behind. At another point, a couple of the survivors make their way into an abandoned small town where they hit the jackpot in finding an abandoned pharmacy with a decent supply of prescription drugs. At the very end of this last season, the camera pans out to a prison near where the remaining surviving characters are camped out. What, if anything, can these refugees benefit from the prison? (I’m very interested to see where the story goes from here with the prison).
“What about silver bullets, do they have any value?” you ask. Silver bullets are needed to kill ware wolves, not walkers. Ware wolves? Seriously, ware wolves? Now that would be ridiculous.
*Or did it? Perhaps all the “important” people have been relocated to a secret and secure location while the citizens are left to fend for themselves.
Several members of the Colorado Senate introduced a bill yesterday that would reduce drug possession from a felony to a misdemeanor, favoring drug treatment programs over incarceration in state prisons.
Senate Bill 2012-163 deals with drug offenders who primarily are users and addicts rather than dealers, and enhances their access to treatment.
“We have so many people throughout this country who are the casualties of a failed war on drugs,” said Rep. Claire Levy, D-Boulder. “And in one sense, when you get a felony, not only do you get a criminal penalty, but what you have is a sentence to life without employment.”
During a news conference at the Capitol, Levy presented the bill with Sens. Shawn Mitchell, R-Broomfield, and Pat Steadman, D-Denver, and Rep. Don Beezley, R-Broomfield.
“Let’s be clear. This is not legalization. This is not decriminalization,” Mitchell said. “This is simply a smarter approach to fighting the evils of drug abuse in our society.”
While this bill doesn’t go as far as I would like, this is certainly a step in the right direction. I’m not a big fan of forced drug treatment programs but it’s a far better alternative than a felony conviction that never goes away. In addition to this proposed legislation, Coloradans will have an opportunity to legalize marijuana (with the same regulations as alcohol) in November. If both of these become Colorado law, this would be a pretty significant blow to the war on (some) drugs and the prison industrial complex IMO.
Will either of these reforms pass? It’s hard for me to say but I’m a little skeptical. Still, the fact that these sorts of reforms are being proposed outside of libertarian debate societies by people who can actually change the criminal code is quite exciting and quite encouraging.