Consequences

It has been said that one of the great gifts to mankind is "consequences." Consequences teach us and mold us. Justice Steven Breyer dissented from the majority opinion in District of Columbia v. Heller, the case that confirmed what reasonable people have known for over 200 years - that the 2nd Amendment to the U.S. Constitition protects an individuals right to keep and bear arms. Reports are that Justice Breyer was robbed by a "machete-wielding intruder" at his vacation home in the West Indies. I assume there is no constitutional right similar to the 2nd Amendment in Nevis, but perhaps Mr. Breyer may have a different opinion on the right to keep and bear arms after his ordeal. There are consequences to his votes. If one more justice had voted with him, the Supreme Court would have essentially deleted the 2nd Amendment from the Constitution. While it is unfortunate that Mr. Breyer had to go through such a harrowing ordeal, it might be a good reminder to him that our forefathers saw the need for individuals to be able to protect themselves against thugs such as the one who robbed Mr. Breyer. He should keep that in mind in the event he votes on a similar issue in the future.

More Carter County Insanity

In Carter County, TN, the local government owns its property and it apparently thinks it owns your property, too. Here, the City of Elizabethton's water department has put a 12 inch waterline across a citizen's property on a supposedly temporary basis, apparently without paying him any compensation for it (Look for link to disappear, as money hungry local paper sometimes disables free links. Backup link here.) Rather than remove the line or pay him what could be an unlawful taking of his property in violation of the U.S. Constitution, they are apparently threatening to arrest him if he messes with the line. Meanwhile, the property owner claims that the line is leaking and regardless of whether that is true, it is most certainly an inconvenient eyesore.

This is a county that, within the last ten years or so, adopted an ill-conceived zoning ordinance that borders on ridiculous in its application and enforcement. This is a county where the new county mayor, Leon "Boss Hogg" Humphrey wants to cut the size of the county commission so he can more easily railroad his own proposals through the local government. One letter to the editor in the local newspaper actually said that they should cut the size of the commission by just eliminating any commissioner that did not agree with the mayor. Why not just make him king? This is a county where untold millions have been sunk into not one, but TWO, ill-fated jail projects over the years. Clearly, this is a county with a dysfunctional government. And they wonder why businesses don't want to locate in Carter County.

Judge Rules that Cops Can't Write Red Light Tickets

A Broward Co., Florida judge has ruled that cops can't write red light tickets because they are more expensive and create points on a driver's license when compared to red light cameras. He has held that red light tickets issued by a police officer are unconstitutional, essentially because it's the same infraction but creates a different punishment, based solely on who/what generated the ticket. In other words, there is no equal protection under the law as required by the U.S. and Florida Constitutions.

Of course, the reason most states treat traffic camera tickets differently is to avoid the entire issue of it being a criminal matter. They feel they can avoid the confrontation clause of the applicable Constitutions if they make a red light ticket "a civil matter."

It seems to me that if you have one offense with two different levels of punishment (depending solely on how the ticket is issued), then both statutes should be unconstitutional under the same reasoning. The judge had no reason to reach that issue because that was not the issue in front of him. However, it stands to reason that the same argument could and should be used in red light camera cases. In both circumstances, you have the same offense but are treated differently based solely on how the ticket is issued. That is unequal on both sides of the equation.

A tool to check the power of the federal government

Here's something that Tennessee politicians should consider as well: an Article V call for a Constitutional convention to propose an amendment to the U.S. Constitution that would allow for 2/3 of the states to nullify any act of Congress.

Two points: (1) You probably wouldn't need this if you repealed the 17th amendment (direct election of senators), and (2) You could probably count on Kent Williams to vote with the Democrats to make sure this never made it out of the Tennessee legislature.

Saggy pants law unconstitutional?

On what grounds? Free speech? That's for the birds.