Thursday, November 13, 2008

State of The Todd, November 13, 2008

Sitting here in my dimly lit room, flat light from an overcast morning seeping unobtrusively through the blinds, I sit on my couch, plumbing the depths of my mind for the motivation to pick up the Evidence casebook lying ominously on the floor in front of me.  I should do my Evidence homework.  It's probably not even that much reading, in reality.  And yet here I am, blogging instead.  


Bathroom break...

Now, where was I?  Oh yes, Not doing Evidence.  I'll get to it soon, I'm sure.  In the meantime, for those of you who have ever wondered what twisted things must go on inside my white-haired skull, please enjoy this State of The Todd address for November 13, 2008.

1.  I sprained my ankle pretty good last night stepping off a curb on Hearbreak Hill walking home from the T.  That's part of the reason I'm sitting on my couch right now, to take weight off the thing.  It's ridiculous to me how something like that happens when I'm just walking on a road, but them's the breaks, as they say.  I didn't tend to it until about three hours later, after the Warren Miller movie, which ironically is all about skiing and snowboarding.  And here I am pining for powder days with a bum ankle.  If it snows any time within the next two weeks, I'll know for sure God loves to laugh at me and you can't ever tell me otherwise.  

2.  On a related note, Boston curbs have now punctured two of my tires and sprained one of my ankles.  As if the exorbitant parking tickets weren't enough, now they're coming after my physical well being and my car's drivability.  Augustana had no idea what they were in for when they decided to go to Boston.  Or maybe they just didn't have cars.  

3.  I have interviews pending with the Colorado Attorney General's Office and the United States Attorney's Office in Salt Lake City.  So my summer job prospects aren't totally dead, which is more than I can say for a lot of my classmates.  Even so, I'm going to have to go through this job application rigmarole again next year, while the few that actually got private law gigs will more than likely lock up their careers by the end of this coming summer with lucrative job offers from their summer firms.  It's fortunate that I came to law school with the intent to go the government lawyer route in the first place, but I value predictability and stability, especially in financial matters, and I can't help but feel a little jealous of those people who can legitimately say "screw class, I'm making six figures next year!"  That must be a nice feeling.  

4.  I hate to be "that guy," but I gotta say, my fiancee rocks.

5.  Song of the Day:  "Unglued" by Stone Temple Pilots

6.  Lately I've found myself wishing I was six again.  I always said that if I could be one age forever, I'd be six.  Some people say 18 or 21, because you can do all this cool stuff.  But my thinking is, if you don't even know what that cool stuff is, what does it matter?  When you're six years old, you've got no drama, no problem that can't be solved by a half hour of Sesame Street, and no demands on your time besides the sandbox out back and your dog (if you're lucky enough to have one).  The pinnacle of your existence is being able to ride your two-wheeler around the block by yourself, and it's like you've won the freaking Tour d' France when you do.  I got three square meals a day from a Mommy that loved me, and spent my days climbing, jumping, rolling, and running everywhere because everything was just so freaking cool.  Look, a pile of dirt!  Look, a tree!  Check out my bike!  Awesome!  Then I got to play with my dad when he got home.  Then I went to bed with a smile on my face, even while AIDS and cocaine flooded the streets and our military made incursions into Panama and Grenada.  And don't forget that the Iran-contra scandal was around that time too.  But it was ok, because tomorrow I was going to play Nintendo at my friend's house.  

If you asked me if I'm happy now, I'd say overall, yeah, I am.  But it is my firm belief that happiness is never purer than it is in the mind of a child.  And like a lot of things, you don't know what you have until it's gone.  And I miss it dearly.  

Tuesday, November 11, 2008

Obama and Home Security

I've got something I'd like opinions on. Apparently our president-elect is advocating the formation of a sort of homeland security force, a kind of civilian security squad to keep the peace at home. I don't know if this is a kind of formal national police or a looser militia of sorts. It sounds kind of like the Chilean state police where I used to live, the Carabineros. Basically, in Chile, towns don't have their own police forces, the national police keep the peace and enforce the law. I don't know if it's a branch of the military or the executive or the legislature, but at any rate, it's really quite convenient and no different than a city police force.

That being said, to my knowledge Chile doesn't have the state-federal setup that we do, and I don't know how closely their system of checks and balances mirrors ours. It seems like overkill to me for a national police force to spring up in America, since there's already local and state police entities, FBI, ATF, DEA, DHS, the National Guard, and the Coast Guard. I don't see where a national civilian security force that Obama favors would have any real effect. I also wonder who they'd answer to. It would be an entity based in the executive power, so would they answer to one of the agencies I just mentioned? Or Obama himself? That latter idea is a scary proposition because it starts to resemble a gestapo of sorts, but I don't see that happening.

On the other hand, I can see the advantages of a national security force backing up or working in tandem with state and local police forces to relieve the pressure already on them. Places like airports, train stations, entertainment venues, nuclear reactors, and other high-probability targets where you normally see National Guard or regular soldiers could probably be taken under the watch of such a force, reducing burden on the military.

I'd like some opinions. What are your thoughts?

Friday, November 7, 2008

Falling Off the Fence

"Mormons have ten wives--why can't I have one?"

--Sign held by female protester outside Los Angeles LDS temple during Prop 8 protest.

"Hi, we're from the Church of Jesus Christ of Latter-day Saints.  We're here to take away your rights."
--LDS missionaries to lesbian couple as portrayed in the anti-Prop 8 movie Home Invasion.  

All right, ladies and gentlemen.  I used to favor gay marriage.  Then I came to law school and I was on the fence.  I was content to just sit back, hold my tongue except for personal conversations in my own living room and engage in reasoned, open-minded discussion.  Maybe gay marriage was all right, I mean, just another societal shift that wouldn't affect me that much.  I was willing to accept and deal with this for a while, no matter my moral stance on the issue.  

Now Prop 8 has passed, effectively banning gay marriage in California.  And the rainbow crowd and the intellectual liberals have trained their sights on the LDS church for actively campaigning for the proposition (as is their Constitutional right to do--see: U.S. Constitution, 1st Amendment).  Confrontational protests outside the L.A. temple.  Another one planned in Salt Lake for tonight.  But why us?  Last I checked, the Catholics and the Evangelicals were in on this too.  And if this past election has shown us anything, it's the surprising power of Evangelicals voting in blocks (see: Hucakbee, Mike).  

Why are my people made out to be the lone bad guy, the target of such acrimony and revulsion?  The anti-Prop 8 crowd has built their campaign on freedom of action and the right to exercise Constitutional privileges.  How terribly hypocritical it is, then, for a group of supposed "progressives" and "intellectuals" to engage in a wholesale abandon of those bedrock principles to sanctimoniously attack my people for doing precisely that--using their Constitutional privilege to fight for that which they believe to be right!  

I'm done being nice.  I've had it with pantywaist pundits and ignorant lay people bandying about the Constitution as some sort of trump card, a shield that magically validates their every whim.  I'm sick of the blind bigotry displayed by progressives who accuse their conservative brethren (often rightly) of the same. You have navigated a sea of pop culture and waves of twisted logic to become what you profess to hate, and I mock you for it.  Let it be known that I am now firmly and avowedly anti-gay marriage, not just morally, but socially, politically, intellectually, and legally.  Not because I'm morally opposed to it (I always was); not because it's as legally defensible as it is indefensible (which I'm finding out); but because you have made me this way.  Your raving, your hatred, your bigotry, your indescribable hypocrisy is the straw that broke this camel's back.  You've attacked my people out of your blind hatred, and your huffing and puffing has blown me off of the fence on to the other side.  

To the lady with the sign I mentioned at the outset:  Climb out from under that pretentious little rock you apparently live under and get your facts straight.  There is not a single Mormon man who has more than one wife, and it has been that way for almost 150 years now.  Those who engage in bigamy are summarily excommunicated.  We have tried for decades to make this clear, sending this message across the globe through every available medium.  You apparently did not get this message for all your supposed "open-mindedness."  So allow me to tell you myself: Mormons do not engage in, nor condone, polygamous marriage.  End of story.  Nothing makes you look more ignorant than using falsehoods as a logical pretense upon which to build your protest. Your argument is fatally flawed and I mock it.  You're an unmitigated embarrassment to your cause.  

To the writers, producers, directors, and associates of Home Invasion:  You assail to protect the fundamental rights of a minority from bigotry and ignorance.  Yet, never in my life have I seen such blatantly false, hateful, pretentious, regressive campaigning for a cause in my life.  What you have done borders on the hate speech typical of Hitler's rhetoric and Stalin's rule.  You have willingly spread slanderous lies and planted seeds of misinformation and ignorance in the minds of those who may otherwise come to know the truth for themselves, only to be blinded by your unabashed lust to satisfy your political appetite.  You have slashed and razed the innocent minds of those you have encountered, leaving a black, desolate, smoldering landscape of lies and ignorance in your wake, while that which is most dear to me (my religion) hangs from a tree, choked by your hypocrisy and mutilated by your bloody hands.  I sincerely hope you pay for setting my people (a religious minority, might I add) back in this manner.  

Finally, to all those who would point their dirty fingers at my church and say our actions have unfairly deprived a minority of a fundamental right; to all those who say the Mormon church is an old, stodgy bully that just doesn't get it; to all those who say we do not know whereof we speak:  Need I remind you all that this nation's government undertook to regulate the way in which a religious minority married over a century ago when it threatened to breach the bounds of the church-state relationship and end my people if they continued polygamous marriage?  Did we fight?  No, we could not.  Did we protest?  No, we obeyed and submitted under commandment from God to the dictates of the government, believing it to be for the greater good.  And why was our right to practice our religion as we saw fit (a clear, fundamental First Amendment right) so egregiously infringed upon?  Not on legal grounds, and certainly not on Constitutional grounds, but solely because our practice was seen as morally reprehensible, incompatible with the mores upon which American society was based.  Yet we carried on, indeed we thrived.

This premise, may I point out, is your argument.  Moral repudiation is no excuse for infringing on the rights of a minority to marry as they see fit, you say.  Nobody has a right to tell another how to marry or who they can marry.  You trumpet this banner about proudly on your high horses while approving of other laws and practices based upon the same premises.  Where are your protests about bigamy laws, marital licensing laws, bestiality laws?  You cannot simultaneously applaud gay marriage and condemn polygamy (or polyandry, for that matter).  It is logically and legally impossible.  Your ignorance is mind-blowing; words have not been written that would adequately describe the breadth and width of your intolerance.  Are we intolerant for denying gay marriage?  Perhaps in a way we are.  But you are equally so, you see.  Get off your high horse and don't you dare thumb your noses at us, you hypocrites.

Furthermore, you rail against my people, saying they have denied a minority the right of freedom of expression.  Yet you rail against them because they exercise this same right.  We are a church, a society based upon a moral code that we enforce upon none outside of our faith.  We have just as much a right to speak up, campaign, and persuade as you do.  You would force us, however, to change our ways, to abrogate our moral basis to accommodate your desires.  We have forced nothing on you, yet you seek to destroy the very basis upon which we are built because a compromise (civil union) is not enough for you.  We merely voice our opinions.  You would annihilate our beliefs to conform to your personal moral code.  Who is really being attacked?

You say Prop 8 violates the separation of church and state.  Yet marriage was a religious institution long before a civil one.  In fact, the Constitution does not mention marriage at all!  If anything violates the separation of church and state, it's your attempt to use the legal system to override and dictate our religious beliefs.  If the concept of the separation of church and state is valid, the corollary separating religion and popular opinion must be equally valid if the First Amendment is to have any meaning at all.  

And finally, may a lay out a legal principle, although I imagine it will not register with the more bigoted among you:  gay marriage is not a fundamental Constitutional right.  Loving v. Virginia is celebrated for recognizing a fundamental right to marry, not a right to marry whoever you want.  This right, moreover, is not found in any text of the Constitution, but in the minds of Supreme Court justices who looked at the penumbra of individual rights to confer legal legitimacy upon a mainstay institution of society.  Loving attached legal significance to what had existed since before the birth of this nation.  It did not give you a means to change it to fit your desires.  

You lost Prop 8.  Get over it and leave us in peace.  

Thursday, November 6, 2008

Coincidence?

Random thought:

You know the story of Guy Fawkes, right? The guy who tried to blow up Parliament by stacking a truckload of gunpowder barrels beneath the building's halls? How does the story go?

Remember, remember, the fifth of November
The gunpowder treason and plot.
I know of no reason
That the gunpowder treason
Should ever be forgot.


Those of you in the know probably remember that delightful vignette as the one featured prominently in V for Vendetta, a movie in which a terrorist in a Guy Fawkes mask fights against the heavy-handed socialist-totalitarian regime that seized power by playing on people's fears for their own safety with war and other assorted calamities all around. In the end he winds up inciting widespread revoltution against the government and engendering hope for a future free of dictatorial control and dying in the process.

Now consider the fact that we elected Barack Obama into office yesterday, November 5th.

Coincidence?

Discuss.

Monday, November 3, 2008

Election-Related Observations

1.  I think it's funny (in a morbid, ironic sort of way) how a big campaign point for both presidential candidates is the need to unify the country, achieve bipartisanism in Congress and so on, since the country has been divided and fractured for so long, thanks to the Iraq war, post-9/11-ism, and the Bush administration in general.  Yet, I dare say, given all the grassroots campaigning and in-your-face rhetoric I'm getting, the likes of which I have never seen on such a widespread scale, this election has only served to deepen the ideological faultlines that each candidate says they can fix.  I suppose you can't blame them personally for this; in an event as important and polemic as a presidential election, it's probably a foregone conclusion that the race will be deeply divisive.  That said, I still think it's ironic, and I have a hard time seeing, given the extreme divisiveness all around, how either candidate will be able to reach out to those who didn't vote for him during the next 4 years and actually achieve bipartisanism.  I originally decided to base my vote on who I thought was most capable of that.  Sadly, I'm starting to think it's impossible.


2.  Dear President Obama,
In your law professor days, you criticized the Supreme Court in decisions such as Dandridge v. Williams and San Antonio School Board v. Rodriguez, in which the court declined to extend strict scrutiny review along economic lines, and established a textualist mode of determining what qualified as a "fundamental right."  Your comments, if I remember correctly, were to the effect that the Supreme Court unforunately failed to consider a paradigm which would mandate a redistribution of wealth.  For example, if Rodriguez had established a fundamental right to education, the law in question would have been a violation of equal protection and Texas would be forced to raise taxes or redistribute wealth from richer school districts to poorer ones to achieve economic equality between school districts.  This concievably opens the door for the christening of other "fundamental rights" such as food, shelter, etc. which would need to be provided for by the state.  I fail to see how this is not a completely socialist argument.  Is a vote for you, then, a vote for a socialist approach?  Or can I rest easy knowing that President Obama is more practical than, and not as extreme as, Law Professor Obama?
Regards,
Todd

3.  It's been almost a year, three prime-time debates, and countless news stories, but I still don't know where John McCain stands on any issue besides gay marriage and abortion.  What's his energy plan?  What's that, reduce our dependence on foreign oil?  Well how? Give me some sticking points, man!  Don't douse me with campaign trail rhetoric and expect me to eat the lines you're feeding me blindly.  At least Obama was a little more specific!  Does McCain even have an energy plan?  When are we getting out of Iraq?  Did you choose Sarah Palin as your VP just to take the spotlight off yourself and your vague campaign promises?  

4.  Speaking of abortion and gay marriage, I don't know why anybody cares about how a candidate feels about those issues.  Marisa (my fiancee) says it's a good indicator of a candidate's moral compass, how he feels about the sanctity of life, his conception of family, etc.  That's true, and I know a lot of people base their voting decisions on who they're morally aligned with.  So I can see the value in addressing it.  That said, a president is effectively powerless to stop gay marriage (or legalize it) because at this point it's a matter of state marriage law, and each state is left to decide the question.  From there it goes to the judiciary branch, if it reaches anywhere into the federal realm.  It's not like the president can wave a wand and *poof* gay marriage is legal or illegal.  As far as abortion goes, the same idea applies.  Roe v. Wade merely set restrictions on when a state may impose restrictions on abortion (during the third trimester only, for those of you keeping score at home).  A president cannot legalize abortion (or criminalize it) and even if he could lobby the legislature to pass such a law, it would almost surely be struck down by the courts as unconstitutional on substantive due process grounds.  

5.  Is it bad that I don't want to vote because I have serious reservations about each candidate?  If you offered me a three-course meal at some ritzy restaurant, and the choices came down to snail excrement in a white wine sauce or mad cow cutlets and asparagus, could you blame me for just walking out of the restaurant to go to McDonalds?  I have a civic duty to vote, I suppose, so maybe the analogy is inapposite in that sense, but how can I endorse either candidate at this point?  I don't feel like I can in good faith.  Maybe I'll just write in Ron Paul or something, get out of it that way.