Update no.429

Update from the Heartland

No.429

1.3.10 – 7.3.10

Blog version: http://heartlandupdate.blogspot.com/

To all,
The follow-up news items:
-- The Supremes have been very busy. The Court dismissed the appeal of the Uighurs [342/3, 357/8] regarding their release / deportation / resettlement agreement [391], so it would appear they are on their way to Palau. However, given the enthusiasm of lawyers, who can predict what lies ahead? The Supremes also rejected and remanded another battlefield combatant detainee case as the potential release / resettlement agreement was rejected by the detainees. This whole detainee situation and political drive to close the Guantanamo detention facility is degenerating from the bizarre to the ridiculous.
-- The Director of Public Prosecutions Keir Starmer, QC, issued revised / refined guidelines regarding the potential prosecution of cases involving citizens who encourage or assist suicide. The British are moving much faster than the rest of the civilized world toward a humane and respectful, balanced position regarding the moment each and everyone of us will face one way or another – death. The British “death with dignity” guidelines [399/400] return freedom of choice to its citizens.
-- The President has asked for an “up or down” vote on the health care reform bill [396 & sub], implicitly seeking a “reconciliation” vote to bypass the Senate’s super-majority tradition. He has also asked for the congressional passage before he departs on 18.March for his planned Pacific trip to Indonesia, Guam and Australia. It would appear we are approaching the terminus of the first phase of health care reform.

Once again, the House Foreign Affairs Committee passed a resolution condemning the genocide of Armenian’s in Turkey circa 1915. The Committee voted 23-22 on H.Res. 252 – the so-called “Armenian Genocide Resolution.” This is simply, ridiculous foolishness, full stop! Since the bleeding hearts in Congress seem hell-bent on condemnation of senseless killing from nearly a century ago, let us pass an equal condemnation on ourselves for the slaughter of Native American tribes when they resisted our self-proclaimed manifest destiny, or the British for their slaughter of the Irish because they were staunch Catholics, or the French for the slaughter of the Huguenots because they dared believe something different. Oh heck, let us also condemn the Inquisition, the Romans, the Greeks . . . oh hell, let just condemned all of humanity that ever lived or ever will live. This senseless gesture serves no practical purpose in today’s world other than making some folks feel momentarily a little better, angering a long-time, important ally in a sensitive part of the world, and accomplishing nothing. My advise to Congress . . . tend to the present, consider the future, and put the past behind us in history books.

On two adjacent days a few weeks back, the Supremes issued decisions to clarify the Miranda warning, intended to protect the 5th Amendment rights of citizens being arrested or interrogated by the police – Florida v. Powell [558 U.S. ___ (2010); no. 08-1175] and Maryland v. Shatzer [558 U.S. ___ (2010); no. 08-680]. The former case dealt with the right of a citizen to have a lawyer present during his interrogation. The latter case addressed the validity of a Miranda warning across a break in custody. While the reasoning is illuminating and informative, both cases gave liberal latitude to the State and hesitated to proscribe how states should execute and operate the Miranda warning. The Supremes chose not to constrain the State during interrogation of citizens.

News from the economic front:
-- The Commerce Department reported personal spending rose by 0.5% in January, slightly more than economists expected; however personal incomes rose only 0.1%, significantly lower than the forecast 0.4%. The personal consumption expenditures price index, a key inflation gauge, rose 0.2% in January compared to December.

Comments and contributions from Update no.428:
“Under the heading of be careful of what you wish for, the perennial call for term limits has always seemed somewhat bizarre. First, it should be noted that the Constitution already imposes term limits--2 years for members of the house and 6 years for members of the Senate. Just because voters choose not to exercise their power to "throw the bastards out," does not mean the power does not exist. The problem is that voters tend to like their own "bastard," just not the next guy's "bastard." Second, limiting terms in the way suggested by the anonymous author would reify the already unseemly influence of Congressional staffers who very often have lifetime appointments on the Hill (they just shift from one office to another when their current Congress member retires or is voted out), or of lobbyists. Institutional memory and experience are valuable assets under the arcane rules and regulations of Congress, and when a member of Congress does not have this asset, he or she necessarily turns to a staff member or a trusted lobbyist. Does anyone think shifting power to staffers or lobbyists would be good thing?”
My reply:
Point well taken. The difficulty in such circumstances is the vicious circle between freedom and regulation, public and private. On one hand, you are precisely correct . . . it is the people who persist in re-electing corrupt politicians, and thus they are only to blame. The unstated factor in all this is money – the money of influential citizens who benefit from the largesse of the corrupt politicians as well as corporations with vast treasures with which they influence citizens to vote for their “man” in Congress. We, the People, are not likely to break the influence of money, especially in the aftermath and shadow of Citizens United [558 U.S. ____ (2010); no. 08-205] [424]. Concomitantly, the “hidden” influence of perpetual staffers cannot be overstated, but they are not accountable to us – We, the People. Breaking the cycle, forcing “reconnections” seems like an acceptable consequence of enforcing term limits. The status quo, or even the status quo ante, are simply not stable.

My very best wishes to all. Take care of yourselves and each other.
Cheers,
Cap :-)