Quotulatiousness

June 29, 2011

Canada’s constitution has the “notwithstanding” clause . . .

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 16:42

. . . but that’s just a loophole compared to the utter legal devastation contained in the American constitution’s Commerce Clause:

Obama and, it seems, many courts, would like to pretend that while the Constitution generally speaks of enumerated and limited powers — all other powers, such a the police power, reserved for the people and the states — that the Commerce Clause generally is a “Take-Back” clause that essentially calls bullshit on everything else in the Constitution.

That is, everything else in the Constitution is about establishing particular powers of the federal government, and, expressly, reserving those not named (or “necessary and proper” to undertake a named power) to the states.

But this new claim is that really there is only one clause that matters in the Constitution, and that is the Commerce Clause, and this one brief clause renders all 4400 other words in the Constitution null and void, because the Commerce Clause says, it is contended, that the federal government may do anything so long as, in the aggregate, it “affects interstate commerce,” which, as is often pointed out, applies to everything.

Having sex with your wife? This affects interstate commerce, as you might wind up creating the ultimate economic effect — a child; a future one-man army of economic activity, labor, investment, and consumption — and even if you don’t, your choice to have sex is a choice not to sample the fruits of interstate commerce, which is affected, then, by your choice to not enter the stream of paid entertainments.

The US federal government clearly does believe that the Commerce Clause is the trump card in the deck. You play that and it doesn’t matter what the other cards may be: you win.

If the framers of the Constitution meant for this one clause to have such omnipotent power, trumping everything else, establishing well-nigh plenary power of the federal government over every aspect of human existence —

Why did no one seem to think it necessary to add even the most gentle limitation on such a far-reaching power?

In other words, if this Clause means what it is, apparently straight-faced, contended to mean, and therefore is the only real clause in the Constitution at all — why did no one think to elaborate upon it?

Why all that wasted time on Amendments and specific powers of Congress, the President, and the Courts, when the only real grant of power in the Constitution is the Commerce Clause?

From the comments, where it’s been pointed out that if this decision is upheld, the government can mandate how many children you have to have:

Bob Saget: If you cannot afford a wife for bearing the Federally mandated minimum number of children, one will be appointed for you.

June 28, 2011

QotD: Combining stupidity, smugness, and the illusion of legal process

Filed under: Africa, Bureaucracy, Law, Military, Quotations — Tags: , , — Nicholas @ 12:13

Brendan Behan once said there is no situation so bad that it cannot be made worse by the arrival of a policeman. Well today there is no war so bloody that it cannot be made bloodier still by the intervention of the ICC. From the luxurious environs of The Hague, cheered on by liberals who get a cheap political thrill from seeing white lawyers stand up to evil Africans, the ICC has today issued an arrest warrant for Colonel Gaddafi, one of his sons and his security chief. This act of international moral posturing, designed to make the ICC look serious and superior, is likely to intensify the stand-off in Libya.

On one level, the issuing of the arrest warrant just seems barmy. These ICC bigwigs seem so removed from the real and messy world of politics and warfare that they seriously imagine it is possible to bring a war to an end by press-releasing a piece of paper saying: “Wanted for crimes against humanity: Muammar Gaddafi.” They seem to have confused the war in Libya with a nightclub brawl in Camberwell, imagining it is possible to resolve the whole miserable shebang by demanding the arrest of a few of the ringleaders. Once upon a time only spotty sixth-formers in turgid classroom discussions about conflict resolution would say things like “Hey, let’s just arrest the evil dude!” Now such political naiveté has been institutionalised in the ICC.

Yet on another level, the ICC’s game of cops and robbers, cowboys and Indians, the Enlightened West against the Dark Continent, can have unpredictable, potentially dangerous repercussions. If earlier instances of ICC interference into African conflicts are anything to by, the impact of the lawyerly intervention into Libya is likely to be twofold. Firstly it will further entrench Gaddafi and his forces, convincing them that it would be better go down with all guns blazing than to end up in The Hague alongside Karadzic and various other hated evil figures. And secondly it will remove the political initiative from the rebel forces in the east of the country, sending them the ultimately debilitating message that they would be better off waiting for outside forces to come and rescue them — in this instance, white, wig-wearing moral crusaders from the ICC — than to realise for themselves the liberation of their country.

Brendan O’Neill, “There is no war so bad that it cannot be made worse by the intervention of the ICC “, The Telegraph, 2011-06-28

June 26, 2011

Product warnings

Filed under: Humour, Law, Technology — Tags: , , , , — Nicholas @ 11:46

Many weird and whacky warnings get attached to products as a result of product liability concerns, but some of them must be generated without legal prompting:

Warning #2: Booze Blues

Seen on a Terrestrial Digital outdoor antenna: “Do not attempt to install if drunk, pregnant, or both.”

Of course, if you’re drunk and pregnant, you probably have bigger problems.

Warning #3: Three-Dimensional Danger

Seen on a Samsung 3D TV disclaimer: “Pregnant women, the elderly, sufferers of serious medical conditions, those who are sleep deprived or under the influence of alcohol should avoid utilizing the unit’s 3D functionality.”

Man, those drunk moms-to-be just can’t catch a break!

Warning #4: Options, Options

Seen on a computer software package: “Optional modem required.”

The writer’s mandatory English language class, incidentally, was not completed.

June 12, 2011

QotD: A scene from an Australian National Park

Filed under: Australia, Bureaucracy, Environment, Quotations — Tags: , , — Nicholas @ 12:53

A few years ago, two National Park rangers were doing a similar service while assorted tourists looked on and took their happy-snaps. The birds, whatever they were, had moved along the road a few yards when a dingo walked out of the long grass, killed one and started to stalk the remainder.

The two Rangers became embroiled in an ideological argument as to which protected specie was to be left alone. The tourists, appalled at the slaughter, then chased the dingo away. The Rangers were instantly reconciled and started issuing citations to the offending tourists for trespassing in a National Park, threatening protected species, obstructing traffic, affray, foul language etc. The tourists were told their cars could be impounded and all, eventually, got court summonses. Fines were levied and they were warned that the offences potentially carried jail time.

One disgruntled victim opined that he should have run over the Rangers and the birds. This was overheard by ‘authority’ and he was hauled into court again.

Visitor numbers at the National Park declined dramatically.

Roger Henry, posting to Railroad_Modeling_Still_Makes_Me_Grumpy@yahoogroups.com, 2011-06-11

June 8, 2011

New tactic on delinquent student loans: SWAT teams

Filed under: Education, Law, Liberty, USA — Tags: , , , — Nicholas @ 12:32

Thinking about getting behind on paying back your student loan? Think again:

Kenneth Wright does not have a criminal record and he had no reason to believe a S.W.A.T team would be breaking down his door at 6 a.m. on Tuesday.

“I look out of my window and I see 15 police officers,” Wright said.

Wright came downstairs in his boxer shorts as a S.W.A.T team barged through his front door. Wright said an officer grabbed him by the neck and led him outside on his front lawn.

After the public humiliation, he was then handcuffed and chucked into the back of a police car for 6 hours, along with his three young children. He’ll think twice before getting behind on his student loans, right?

Perhaps not: they weren’t even his loans: the SWAT team was looking for his estranged wife.

May 24, 2011

Forget May 21st: world now ending October 21st says Camping

Filed under: Humour, Media, Religion — Tags: , — Nicholas @ 09:42

If you were terribly let down not to ascend on Saturday, don’t worry: Harold Camping has recalculated the correct day of the Rapture!

California preacher Harold Camping is unrepentant following his second unsuccessful attempt to predict Judgment Day, and now says true believers should pack their bags for ascension to heaven on 21 October.

Camping’s first stab at nailing the Rapture advised Christians to get their earthly affairs in order before 6 September 1994. When the world failed to end, due to a “mathematical error”, he reset the clock for last Saturday at 6pm EST.

Christians expecting a rapturous elevation to glory were once again left twiddling their thumbs and their Bibles, but Camping now says he simply misinterpreted the word of God and 21 May “was not really the end of the world but the spiritual beginning of the physical end”, as the San Francisco Chronicle explains.

So the good news is that the world didn’t experience the Rapture on Saturday, and that we don’t get five months of Satan striding among us waving his evil appendages in the faces of the doomed, while those taken up in the Rapture watch us from Heaven, exulting in our pain and suffering while gobbling down popcorn-flavoured Manna bits. The bad news is it all comes to an end on October 21st anyway.

May 21, 2011

End of the world playlist suggestions

Filed under: Humour, Media, Religion — Tags: , , — Nicholas @ 10:31

Because whether you ascend in the Rapture or are one of the ones left behind, you’ll want to have an appropriate playlist on your iPod:

  • You’d have to have “The End” by the Doors, of course. And “Welcome to the End” by Bif Naked. Oh, and of course “Rapture” by Blondie.
  • @Crystal11: I’m going with “Until the End of the World” & “Last Night On Earth” (both U2)
  • @Metz77: “The End” (The Beatles)
  • @grahamlavery: “At least (It’s not the end of the world)” Super Furry Animals
  • @nightfallcub: Morrissey “There Is A Place In Hell (For Me And My Friends)”
  • @neilhimself: (Oh that’s clever) @Gem_Clair: “Easy Like Sunday Morning” – Lionel Richie
  • @TrumanAragorn: “I Will Follow You Into the Dark” by Death Cab For Cutie
  • @Valya: “The Sky’s Gone Out” (Bauhaus)
  • @hmmarcus: “I Don’t Want To Set The World On Fire” – The Inkspots
  • @MitchBenn: The Byrds: “You Ain’t Going Nowhere”
  • @alandhisguitar: got to include “We will all go together when we go” by Tom Lehrer.
  • There are just too many appropriate songs by Yngwie Malmsteen to list . . . “My Resurrection”, “Alone in Paradise”, “Like an Angel”, “Seventh Sign”, “Arpeggios from Hell”, “Heaven Tonight”, and so on.

Idea stolen from Neil Gaiman’s @neilhimself Twitter feed.

May 15, 2011

Redefining the word “anarchist” to mean “statist”

Filed under: Economics, Europe, Greece, Media, Politics — Tags: , , — Nicholas @ 11:41

A post at the Cato @ Liberty blog, qualifies as a proper Fisking:

The Washington Post splashes a story about “anarchists” in Greece across the front page today. The print headline is “Into the arms of anarchy,” and a photo-essay online is titled “In Greece, austerity kindles the flames of anarchy.” And what do these anarchists demand? Well, reporter Anthony Faiola doesn’t find out much about what they’re for, but they seem to be against, you know, what the establishment is doing, man:

     The protests are an emblem of social discontent spreading across Europe in response to a new age of austerity. At a time when the United States is just beginning to consider deep spending cuts, countries such as Greece are coping with a fallout that has extended well beyond ordinary civil disobedience.

     Perhaps most alarming, analysts here say, has been the resurgence of an anarchist movement, one with a long history in Europe. While militants have been disrupting life in Greece for years, authorities say that anger against the government has now given rise to dozens of new “amateur anarchist” groups.

Faiola does acknowledge that the term is used pretty loosely:

     The anarchist movement in Europe has a long, storied past, embracing an anti-establishment universe influenced by a broad range of thinkers from French politician and philosopher Pierre-Joseph Proudhon to Karl Marx to Oscar Wilde.

So that’s, let’s see, a self-styled anarchist who was anti-state and anti-private property, the father of totalitarianism, and a witty playwright jailed for his homosexuality.

However you try to twist the word “anarchist” to include the Greek protestors, it still won’t fit:

Real anarchists, of either the anarcho-capitalist or mutualist variety, might have something useful to say to Greeks in their current predicament. But disgruntled young people, lashing out at the end of an unsustainable welfare state, are not anarchists in any serious sense. They’re just angry children not ready to deal with reality. But reality has a way of happening whether you’re ready to deal with it or not.

May 12, 2011

30 years in prison for taking photos of farms?

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 00:08

As we all know, there are no higher risk facilities in the United States than the farm:

According to the New York Times, the Iowa bill, which has passed the lower house of the legislature in Des Moines:

would make it a crime to produce, distribute or possess photos and video taken without permission at an agricultural facility. It would also criminalize lying on an application to work at an agriculture facility “with an intent to commit an act not authorized by the owner.”

From a libertarian perspective, there’s so much wrong with these bills that it’s hard to know where to begin. Maybe with the bills’ ridiculous overbreadth and over-punitiveness — the Florida proposal, for example, apparently would ban even roadside photography of farms, and send offenders to prison for as much as thirty years. In proposing a (very likely unconstitutional) ban on even the possession of improperly produced videos, the Iowa bill, ironically or otherwise, echoes the tireless legislative efforts of some animal rights activists over the years to ban even possession of videos depicting dogfights and other instances of animal cruelty, for example.

Wouldn’t that kind of prison sentence for unauthorized photography be considered extreme in the old Soviet Union?

May 9, 2011

What’s coming up in the next set of Canada Health Act revisions

Filed under: Cancon, Government, Health, Law — Tags: , , , , — Nicholas @ 09:06

This is an old post from 2005, but now that we have a majority federal government, we can expect to see much or all of this program implemented fairly quickly:

As we’ve all been made aware by the constant drumbeat of media-generated panic, obesity is the biggest problem facing the Canadian healthcare system. Canadians are getting much fatter, getting less exercise, and generally imperilling their own health and, in the aggregate, the entire healthcare system — the core of the Canadian identity. The government is moving to confront this looming problem in the very near future.

Tackling Obesity

Because voluntary measures have failed, the federal government, in consultation with the provinces and territories, is going to amend the Canada Health Act, the cornerstone of the healthcare system. Poor health is no longer an individual problem: it affects the entire country. This means that the government is going to get very serious about tackling the causes of the problem, not just treating the patient after the problem becomes severe.

The current provincial health ID cards will become federalized: this is to ensure that all Canadians are able to get consistent treatment when travelling outside their home provinces. The new ID cards will carry biometric information and it will be mandatory to carry these cards at all times.

To ensure that we comply — it is for the sake of our healthcare system — the health ID card will be requested on boarding all public transit, commuter rail, airplanes, ferries, and ships. Inexpensive card readers will speed processing. No ID? No travel. Simple as that. Our healthcare system is too important to risk for minor concerns like individual rights, privacy, or freedom of movement.

It is expected that the major banks will quickly realize the advantage of integrating their ABM networks with the new universal ID card, obviating the need for them to maintain their own card issuing services. Any who do not quickly adapt will find it difficult to get government business. But it will be strictly voluntary, of course.

Once the banks have adapted, the government can phase out the production of printed money . . . there will be no need for it since you will always carry your combined ID/ATM card. This will be a boon to shopkeepers, banks, and anyone involved in handling money right now.

One of the biggest advantages of this will be that the government will be able to act decisively to combat the scourge of obesity: all food purchases will be directly traceable to show who is eating too much or too much of the wrong kind of food. Within a few years, as the existing printed “Nutrition Facts” information is encoded into RFID tags, it will be possible for your ID/ATM card to restrict the amount of food you purchase to the recommended daily allowance for your diet. Won’t that be great? You won’t even need to think about what to eat, because you’ll only be allowed to eat the “right” amount of the “right” foods, as determined by the government.

Of course, those Canadians who have allowed themselves to eat too much should not be given the same top-priority access to healthcare that their less weighty fellow citizens should have . . . overweight patients will be treated in inverse proportion to their deviation from the norm. That’s only fair, and fairness is nearly as important an aspect of Canadianness as Universal Healthcare.

There may be some bleeding hearts in the civil liberties movement who decry this extension of government power, but we can safely ignore them. The only thing that makes Canada the great place it is today is universal healthcare. This has been repeated so often that most of us accept the concept without any doubt or uncertainty.

Universal healthcare is Canada; Canada is universal healthcare.

Universal healthcare matters more than anything else, again as uncounted public opinion polls and government surveys have discovered, so anything that strengthens the healthcare system is good for Canada. Critics of the system are clearly not acting in the best interests of the healthcare of all Canadians, so we must move to suppress such unpatriotic — even treasonous — talk.

Snuffing Out Smoking

After obesity, the next greatest threat to the system is already being addressed by all levels of government: smoking. It will soon be possible, using the same combination of mandatory ID/ATM cards and RFID tags to completely stamp out the purchase of tobacco products. The government would be remiss if they failed to take full advantage of the current wave of public support to make tobacco use illegal everywhere. Canadians are naturally law-abiding: they will quickly adapt to the need for vigilance for signs of illegal tobacco use. Snitch lines may be required in certain areas to provide more support to those Canadians who want to ensure the health of their fellow citizens — and, of course, the essential healthcare system!

Other methods can be used to ensure compliance, especially in the delivery of healthcare: patients who have smoked will be required to wait longer for all services, to be fair to those patients who never smoked. In the model of “plea bargaining”, patients may be able to get faster aid by reporting others who supplied them with tobacco.

Annihilating Alcohol

Alcohol abuse is the next problem to be overcome. The cost to the healthcare system from treating the direct results of alcohol abuse are staggering. It is manifestly unfair that non-drinking Canadians must pay to rectify the self-inflicted damage of alcohol by drinkers. Earlier Canadian and American governments tried to stamp it out during the last century, but they failed. This government will not: we have the tools to enforce compliance that earlier governments lacked.

As a first step, all sales and production of alcoholic beverages will be nationalized. All citizens must apply for permits to allow them to drink alcoholic beverages, which will only be available from government outlets at strictly controlled times. Sensible limits will be applied, so that packaging that encourages abuse (24-packs of beer, 1.18 litre bottles of alcohol, etc.) will be quickly removed from use. Purchase limits will be strictly enforced, to ensure that so called “binge drinking” can be controlled and eliminated. Drunkenness will be dealt with as sabotage of the healthcare system.

Importing alcohol will be eliminated as a source of health problems, and domestic production will be gradually curtailed and then eliminated in turn. Home brewing and winemaking will be very quickly made illegal: snitch lines will certainly be needed to enforce this, but good Canadians will realize that the health of all requires us to clamp down on those who do not follow good health guidelines.

Enforcing Exercise

It’s not going to be easy to make Canadians as healthy as possible, but the vigour of our Universal Healthcare system can only be enhanced by improving the physical well-being of all Canadians. Voluntary efforts to encourage healthy exercise have been a dismal failure, so mandatory exercise is the only way to move forward. In the short term, all public and private schools, offices, factories, and other workplaces will be required to add exercise periods to every workday.

Mandatory exercise, however, will not be allowed to encourage carelessness and risk-taking — so-called “extreme” sports are all foreign concepts to Canadian culture, and should be discouraged at all cost. The healthcare system must not be held hostage to stupid, careless victims of unnecessary accidents. They’ll be in last place for healthcare services, after the obese, the smokers, and the drinkers.

The End Result

Let’s be honest . . . this is going to be a gruelling regime, and some will not have the intestinal fortitude to pull through. By phase IV of our program, we should expect to see some weaker souls emigrating to escape the rigours of our brave new healthy world. We should let them go, but ensure that they have paid a fair price for the privilege of living in the healthiest country in the world: a sliding scale tax on property maxxing out at 90% for the wealthiest.

But what a wonderful country it will be without them: everyone at the absolute peak of health and vitality (because getting sick will be illegal).

May 3, 2011

How to referee a philosophical discussion

Filed under: Humour, Randomness — Tags: , — Nicholas @ 09:48

Brilliant and (potentially) useful post from davidad:

H/T to Alex Tabarrok for the link.

April 28, 2011

Just for you efficiency fans

Filed under: History, Humour, Technology — Tags: , , — Nicholas @ 11:42

The world’s least efficient machine:

More information about this modern day wonder here.

April 20, 2011

One size rules don’t fit all

Filed under: Bureaucracy, Cancon, Health, Law — Tags: , , , — Nicholas @ 07:14

Dentists who have their spouses on their patient list are running the risk of losing their licenses:

Dentists are permitted to treat their spouses — but they better not have sex.

Put another way, dentists who have sex with their spouses better not be messing around with their teeth.

This is the current law of the land in Ontario, one that many dentists are secretly flouting and calling “dumb” and “stupid.”

In an interview with the Star earlier this week, Ontario Health Minister Deb Matthews conceded the dentists may have a point and has agreed to review the restriction.

H/T to Chris Greaves for the link.

April 18, 2011

Oh, stop worrying: everything is going according to the plan!

Filed under: Bureaucracy, Government, Liberty, USA — Tags: , , , , , — Nicholas @ 11:02

Julian Sanchez notes a fascinating parallel:

Batman’s archnemesis the Joker — played memorably by Heath Ledger in 2008′s blockbuster The Dark Knight — might seem like an improbable font of political wisdom, but it’s lately occurred to me that one of his more memorable lines from the film is surprisingly relevant to our national security policy:

You know what I’ve noticed? Nobody panics when things go “according to plan.” Even if the plan is horrifying! If, tomorrow, I tell the press that, like, a gang banger will get shot, or a truckload of soldiers will be blown up, nobody panics, because it’s all “part of the plan.”

There are, one hopes, limits. The latest in a string of videos from airport security to provoke online outrage shows a six-year-old girl being subjected to an invasive Transportation Security Administration patdown — including an agent feeling around in the waistband of the girl’s pants. I’m somewhat reassured that people don’t appear to be greatly mollified by TSA’s response:

A video taken of one of our officers patting down a six year-old has attracted quite a bit of attention. Some folks are asking if the proper procedures were followed. Yes. TSA has reviewed the incident and the security officer in the video followed the current standard operating procedures.

While I suppose it would be disturbing if individual agents were just improvising groping protocol on the fly (so to speak), the response suggests that TSA thinks our concerns should be assuaged once we’ve been reassured that everything is being done by the book — even if the book is horrifying. But in a sense, that’s the underlying idea behind all security theater: Show people that there’s a Plan, that procedures are in place, whether or not there’s any good evidence that the Plan actually makes us safer.

April 12, 2011

Bolivia to pass laws giving “nature” equal rights with humans

Filed under: Americas, Environment, Law — Tags: , , , , , — Nicholas @ 12:08

I had to check the date on this Guardian article, just to be sure it wasn’t an April Fools’ Day posting:

Bolivia is set to pass the world’s first laws granting all nature equal rights to humans. The Law of Mother Earth, now agreed by politicians and grassroots social groups, redefines the country’s rich mineral deposits as “blessings” and is expected to lead to radical new conservation and social measures to reduce pollution and control industry.

The country, which has been pilloried by the US and Britain in the UN climate talks for demanding steep carbon emission cuts, will establish 11 new rights for nature. They include: the right to life and to exist; the right to continue vital cycles and processes free from human alteration; the right to pure water and clean air; the right to balance; the right not to be polluted; and the right to not have cellular structure modified or genetically altered.

Controversially, it will also enshrine the right of nature “to not be affected by mega-infrastructure and development projects that affect the balance of ecosystems and the local inhabitant communities”.

I don’t know where the government is planning on moving all the Bolivians, because just by occupying the country, they’ll be violating these new rights on a moment-to-moment basis.

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