From the Wire:

Party like it is 1849 (http://news.yahoo.com/s/livescience/20090326/sc_livescience/newgoldrushpartylikeits1849).

Track "hi-cap" magazines in CA (http://www.contracostatimes.com/politics/ci_11995689?nclick_check=1). Foolish, feel-good legislation. It is already illegal to purchase or import these magazines... Are criminals who are importing illegal magazines going to register them with the state?

Budget initiatives likely to fail (http://www.latimes.com/news/local/la-me-poll26-2009mar26,0,3460616.story?track=rss).

Out of towners fined for auto accidents (http://www.capitolweekly.net/article.php?xid=xv0mgfaqsfpvtx).

From the Wire:

The Pentagon questions growing Chinese military power (http://news.yahoo.com/s/ap/20090325/ap_on_go_ca_st_pe/us_china).  The report can be found here (http://www.defenselink.mil/news/China%20Military%20Power%20Report%202009.pdf).

EU President (Czech Prime Minister Mirek Topolanek) says Obama budget "will undermine the liquidity of the global financial market."  (http://finance.yahoo.com/news/EU-presidency-US-economic-apf-14737788.html).

From the Wire:

U.S. needs strong navy--we are a maritime nation (http://www.defenseindustrydaily.com/USA-A-21st-Century-Maritime-Posture-for-an-Uncertain-Future-05342/#more-5342). Also, current surface force in bad shape (http://www.defensetech.org/archives/004751.html). The world economy relies on the safe maritime transfer of goods and commodities. The only force strong enough to ensure the safety of these products is the U.S. Navy. The Navy is the force that allows commerce to (largely) flow between nations flow effectively. It is vital that we have an effective, modern, and cost effective force of sailors and ships. Britain forgot its maritime/naval heritage after World War II and the end of its colonial empire and is now trying to rebuild its fleet. We cannot ignore this lesson.

Drone war in Pakistan continues (http://blog.wired.com/defense/2009/03/finally-we-took.html#more). Very dangerous... and perhaps needed. I actually applaud Obama's willingness to take a needed risk. But he needs to be very cautious on how he deals with Pakistan. Clearly they tacitly support his actions--hasn't been too many public complaints.

F-22 fighter to Japan (http://www.defenseindustrydaily.com/f22-raptors-to-japan-01909/#more-1909)? Why not? The Japanese are one of our closest allies and it will allow the production lines to stay open and cut the cost per plane...

Army: potential soldiers too fat (http://abcnews.go.com/Health/story?id=7142589). When I went to MEPS (military entry processing station) a large number of the recruits were WAY overweight... Dumber, fatter military in the future?

Very nice little op-ed piece on CNN.com (http://www.cnn.com/2009/LIVING/03/03/cafferty.excerpt.2/index.html). I agree--kids are terrible these days.

Market up (lead by financials) after .gov launches plan to buy toxic assets (http://www.google.com/finance?hl=en&tab=we). I just hope the DOW hits 10k so I can sell all my stocks. I'll take my losses to get out! I've lost all faith in Wall Street.

Treasury expected to create entity to purchase toxic assets (http://www.latimes.com/business/la-fi-bank-plan23-2009mar23,0,5861392.story?track=rss). Bailout continues full steam ahead.

Gold appears stable at around $950 (http://www.kitco.com/market/). I like it when both the market and gold are up.

Lobbyists rely on Capitol dysfunction to push agendas (http://www.latimes.com/news/columnists/la-me-cap23-2009mar23,0,4011494.column?page=1&track=rss). We should be honest with ourselves, California is broken. Sure special interests play a part in the dysfunction--but we need to blame ourselves for voting in bad legislators.

Governor calls for infrastructure improvement (http://www.latimes.com/news/local/la-me-arnold23-2009mar23,0,2632857.story?track=rss). I agree, our highways suck... But how will we pay for these improvements?

Local .gov having trouble raising funds (http://www.sacbee.com/walters/story/1720688.html?mi_rss=Dan%20Walters). Prop. 13 does really hamper local .gov fundraising... But it is really the only thing keeping spending in check in California and keeping the Republicans relevant in our jerry-mandered state.

Newsom touts "centrist" position (http://www.latimes.com/news/local/la-me-newsom23-2009mar23,0,3274439.story?track=rss). Haha. If he wins I am out of here.

Oakland police killing--SWAT didn't expect an AK-47 (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/03/22/BAV116KEU0.DTL&feed=rss.matierandross). I thought AK-47s and other dangerous assault weapons were illegal in California? This gentleman must not have gotten the message.

Vote on extended unemployment benefits (http://www.sacbee.com/topstories/story/1720681.html?mi_rss=Top%20Stories). I feel for those who are unemployed, but again, where is the money going to come from? Tax the rich?

Mexican drug cartels branch into human smuggling (http://www.latimes.com/news/la-na-human-smuggling23-2009mar23,0,5530360.story?track=rss). Bad men do bad things.

"Pink Pistols" back easing of concealed carry law (http://www.sacbee.com/topstories/story/1720695.html?mi_rss=Top%20Stories). I am torn on this--WA has a shall issue regime for concealed carry permits which seems to work well--but CA is full of a lot of undesirables... I believe I should be able to carry; I'm just not sure about the rest of you...

Commentators ask: end of the U.S. (http://network.nationalpost.com/np/blogs/fpcomment/archive/2009/03/19/terence-corcoran-is-this-the-end-of-america.aspx)?

Dollar declines most since 1985 (http://www.bloomberg.com/apps/news?pid=20601087&sid=aNdu22y30zwc&refer=worldwide). Great... Where should I put my money?

AIG warns staff to travel in pairs after death threats (http://www.guardian.co.uk/business/2009/mar/21/aig-insurance).

DiFi calls for tougher gun laws in U.S. to help with Mexican drug war (http://www.kpbs.org/news/local;id=14130). Great solution to the problem in Mexico! Tighten U.S. gun laws! Why not just secure the border and stop the flow of drugs and illegals northward and the guns southward?

From the Wire:

Obama says "blame me" for AIG bonuses (http://www.cnn.com/2009/POLITICS/03/19/aig.fallout/index.html). Bad bill drafting is likely the real culprit.

CA state pension fund in trouble (http://calpensions.com/2009/03/20/calpers-lost-decade-from-boom-to-bust/). It is important to remember that public and quasi-public institutional investors are major players in the economic system. The average American has quite a stake in "Wall Street".

CA bond rating falls further (http://latimesblogs.latimes.com/money_co/2009/03/california-bo-2.html). Meanwhile the state is trying to sell $4 billion in new bonds (http://www.latimes.com/business/la-fi-calbonds20-2009mar20,0,21791.story).

Media cuts and lobbyists (http://www.latimes.com/news/local/la-et-rainey20-2009mar20,0,7281321.story).

Useless ca.gov jobs: lieutenant governor (http://www.sacbee.com/politics/story/1714925.html?mi_rss=State%2520Politics). Make the Lt. Gov. a member of various boards, commissions, etc. with no extra pay...

Barry in CA; Speaks with Schwarzenegger, Leno, etc. (http://totalbuzz.freedomblogging.com/2009/03/19/governor-and-obama-trade-complements-at-la-town-hall/14711/). No comment.

Chinese antitrust action against Coke fails to live up to international norms (http://www.cnbc.com/id/29784582).

Wealthy hedge fund town feels financial pinch (http://www.bloomberg.com/apps/news?pid=20601109&sid=arOzIUvhbr1o&refer=home).

Navy surface fleet in bad shape (http://www.defensetech.org/archives/004751.html). Maintenance of existing assets and further innovation in the naval sphere is vital to our ability to implement our national security obligations. But, the Navy seems to have a few big dollar projects that are questionable. Hopefully this issue receives the attention it deserves.

"Blue Dog" dems vital to Barry's agenda (http://www.bloomberg.com/apps/news?pid=20601070&sid=aK8UQZdsNYwk&refer=home). Too bad CA doesn't elect more "blue dog" state reps.

Private contracting for military in air refueling (http://www.defenseindustrydaily.com/US-Military-Contracts-for-Private-Aerial-Refueling-Services-04802/#more-4802). (Note: Air Force competition between Boeing and Airbus entries has had some issues. US in dire need of in air refueling assets).

Russian President: Time to Re-arm (http://blog.wired.com/defense/2009/03/russias-prez-ti.html#more). Russia sure has been trying to act tough lately.

U.C. Board of Regents backs new nursing school at U.C. Davis (http://www.sacbee.com/ourregion/story/1714969.html?mi_rss=Our%2520Region). This type of stimulus is useful. Fast growing inland CA regions need more medical infrastructure.

From the Wire

Lawyers having trouble in tough economic times (http://www.cnn.com/2009/CRIME/03/16/lawyer.layoff.public/index.html#cnnSTCOther1). This does not bode well for your faithful bloggers...

US military shoots down Iranian drone over Iraq(http://blog.wired.com/defense/2009/03/confirmed-us-do.html).

US could wage financial warfare in these trying economic times (http://blog.wired.com/defense/2009/03/finance-threat.html).

From the Wire:

Obama orders Treasury Secretary to pursue "every single legal avenue" to block AIG executive bonuses (http://www.nytimes.com/2009/03/17/us/politics/17obama.html?hp).

From the Wire:

Airline junkyards--anyone looking for a good deal on a used jumbo jet (http://www.latimes.com/news/la-fi-boneyard15-2009mar15,0,4518343.story?track=rss)?

Property Class flashback--racist covenants and CA legislation proposed to remove them (http://www.mercurynews.com/california/ci_11916938?source=rss).

D.C. AIDS/HIV rates higher than West Africa (http://www.foxnews.com/story/0,2933,509316,00.html).

AIG says $100 billion to US states and banks (http://www.bloomberg.com/apps/news?pid=20601087&sid=awiPvRbKoabA&refer=home).

FED: recovery in '10 (http://money.cnn.com/2009/03/15/news/economy/bernanke_60minutes/index.htm?postversion=2009031518).

CEO: 45% of world's wealth lost (http://www.reuters.com/article/GCA-Economy/idUSTRE52966Z20090311).

US manufacturing declines (http://www.bloomberg.com/apps/news?pid=20601068&sid=aBUDn.77TtOQ&refer=home).

Bad bank asset plan could come this week (http://www.cnbc.com/id/29705616).

Climate change "irreversible" (http://www.cnn.com/2009/WORLD/europe/03/12/irreversible.climate/index.html)?

Russia to base long range bombers in Cuba or Venezuela (http://www.defensetech.org/archives/004743.html#comments)?

China continues to boost military spending (http://news.bbc.co.uk/2/hi/asia-pacific/7922699.stm).

Taiwan to get more modern U.S. military equipment (http://www.defenseindustrydaily.com/taiwans-unstalled-force-modernization-04250/)?

Pakistani judges to be reinstated (http://www.bloomberg.com/apps/news?pid=20601087&sid=a8ki_8jR7crw&refer=home).

From the Wire

Taliban near Kabul (http://edition.cnn.com/2009/WORLD/asiapcf/03/12/afghanistan.kabul.security/index.html).

CA residents: no split state (http://www.sacbee.com/topstories/story/1692396.html?mi_rss=Top%20Stories).

Brief update from South America

For some reason my spell check is not working (and I have been drinking all day)...  Please excuse any mistakes...  

Just checking in from South America.  I am currently in Mendoza, Argentina and just enjoyed an excellent meal and some great wine (maybe a bit too much).  Everything here is very reasonably priced and the people very friendly.  In the future I am not sure that I will even bother to go to Europe anymore...  much nicer here...  Spent the day wine tasting and bought a few cases (shipping is going to negate the excellent value)....

Anyway, these links caught  my eye:

Although markets were up slightly today (as noted in Publius' from the Wire) Morgan Stanley predicts this economic crisis might be worse than the depression (http://www.guardian.co.uk/business/marketforceslive/2009/mar/06/glaxosmithkline-astrazeneca).

Guns, gold, and Spam (yuck) vs. the S&P 500 (http://www.howestreet.com/articles/index.php?article_id=8806%0D%20).

Chinese investing in American real estaste--should we be looking for bargains too (http://www.abcnews.go.com/Business/Economy/story?id=7040074&page=1)?

From the Wire:

The Dow rebounds as Citigroup announces that it turned a profit in the first two months of 2009 (http://www.nytimes.com/2009/03/11/business/11markets.html?hp).  How long can these good feelings really last?

The San Francisco Chronicle reached a tentative contract concessions deal with its largest union in an attempt to prevent sale or closure (http://www.sacbee.com/state_wire/story/1685765.html?mi_rss=AP%2520State%2520News), while the Sacramento Bee has eliminated 128 jobs, and cut pay for its remaining staff (http://www.sacbee.com/business/story/1685570.html?mi_rss=Business), and the New York Times raised $225 million by selling its headquarters (http://biz.yahoo.com/ap/090309/na_us_new_york_times_building.html?.v=2).  What should we do about struggling newspapers?  Are they too valuable to lose?

Two more GOP legislators - Jeff Miller of Corona (Riverside County) and Jim Silva of Huntington Beach (Orange County) are being targeted for a recall by fellow Republicans, not because the lawmakers voted for the budget that included tax increases (they didn't), but because they didn't support the attempted ouster of the Republican Assembly leader - Mike Villines of Clovis (Fresno County) who helped broker the deal (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/03/10/BAR016C38E.DTL).  Is this a symptom of the broader trend of Republican infighting?

The National Center on Family Homelessness released a report stating that between 2005 and 2006, 1 in 50 American children was homeless (about 1.5 million children total).  These figures were collected before the current economic downturn (http://www.time.com/time/nation/article/0,8599,1883966,00.html?xid=rss-topstories).

Bernard Madoff to plead guilty for Ponzi scheme which cost investors somewhere in the neighborhood of $50 billion, and is expected to receive a life sentence (http://www.latimes.com/business/la-fi-madoff11-2009mar11,0,3222627.story).

Obama proposes merit-pay system for teachers, who oppose such a change, claiming it will cause teachers to compete with each other rather than cooperate (http://www.politico.com/news/stories/0309/19824.html).

Commentary on Judicial Appointments

The New York Times published an editorial yesterday, discussing a letter sent to President Obama by Senate Republicans regarding his judicial appointments.  They found troubling the Republican's threat to filibuster Obama's picks, before even having a chance to evaluate the candidates on their merits.   Furthermore, they insisted that Obama begin by "appointing holdover Bush nominees who were never confirmed by the Senate."  (The President is under no obligation to do so).

What makes this episode all the more entertaining is the juxtaposition of the Republican's behavior when Bush was in this position.  They said that filibusters, “mired the judicial-confirmation process in a political and constitutional crisis that undermines democracy, the judiciary, the Senate, and the Constitution.”  And, they apparently threatened to change the rules if the Democrats interfered.  (If anyone knows more about this, please let me know.  I'll be looking for more info soon...).  They also request a return to the "blue slip" tradition, where a Senator gets to approve of judges going to his/her state - a tradition with no Constitutional backing, which had been conveniently abandoned during the Bush years.  

This is a topic near to my heart.  I watched with some anguish as Bush appointed people of questionable talent and quality to hold powerful federal judgeships.  While I often have ideological qualms and quibbles with judges (read Scalia), I can at least respect their intelligence and ability.  However, we also watched as Harriet Myers was nominated for the Supreme Court.  Thankfully, both sides of the aisle were displeased with this selection, and it went down in flames.  The reasoning was directed at her lack of judicial experience and perceived lack of intellectual rigor.  If these were the only grounds on which judicial nominees were evaluated, I would be somewhat more comfortable.  However, my fear is that Republican Senators will feel inclined to object to appointments based on ideological areas of disagreement. 

I hope this is not the case.  There is a need for a balanced federal judiciary in this country.  While you can disagree with particular positions of certain judges, the balance in the system helps to ensure a (relatively) fair and just result.  While a political party might like to have the courts entirely packed with their top choices, this would be folly.  The health and stability of the United States government is largely dependent on the checks and balances built in.  This same kind of process is at work within the judiciary, though not as explicitly laid out.  By having judges of differing ideas, temperment and political leanings serving in various jurisdicitons around the country, we guarantee that there will be a tension in the system that will keep our jurists on their toes.  

The courts are an intellectual battlefield, and the judges are the ones who decide the outcome.  For that reason, they need to best and the brightest people available.  I hope that this is the evaluation they receive: Do you have an intelligent, analytical, even-handed approach to the law?

How would you evaluate a federal judicial nominee?

From the Wire:

Another 651,000 jobs disappeared from the American economy in February, the government reported Friday, as the unemployment rate soared to 8.1 percent — its highest level since 1983. (http://www.nytimes.com/2009/03/07/business/economy/07jobs.html?_r=1&hp)

On Monday, Obama is expected to reverse ban on federal funding for embryonic stem cell research that has been in place since 2001(http://www.npr.org/templates/story/story.php?storyId=101565266)

Minnesota's senate seat will remain vacant after the state Supreme Court rejected Al Franken's request for an election certificate and allowed the pending lawsuits to continue (http://www.nytimes.com/aponline/2009/03/06/washington/AP-Minnesota-Senate.html)

Off to South America...

No blogging from me for the next 12 days. My esteemed colleague Publius will continue to comment on major stories and issues.

Russian "Scholar": US Collapse by 2011

A Russian scholar claims US is in moral decline, Obama will declare marital law, and the United States will collapse into 6 rump states by 2011 (http://news.yahoo.com/s/ap/20090304/ap_on_re_eu/eu_russia_us_the_end_is_near). Critics respond that he might better be describing Russia.

From the Wire:

This is very brief because I am about to watch the Prop. 8 case...

Economy:

Market way down: (http://www.google.com/finance?hl=en&tab=we).

China mulls economic stimulus: (http://www.marketwatch.com/news/story/chinas-lawmakers-weigh-stimulus-though/story.aspx?guid=F544BDAE-7547-44AA-8AE2-CE0642B01BE0&dist=SecEditorsPicks).

Gold up: (http://www.kitco.com/market/).

GM: "substantial doubt" of viability (http://money.cnn.com/2009/03/05/news/companies/GM_10K/?postversion=2009030506).

Citi Group stock below $1. Value at $5.5 billion from $55 billion high (http://www.bloomberg.com/apps/news?pid=20601087&sid=aKLJO8S5nFaU&refer=home).

Politics:

Feinstein front runner in hypothetical CA govenor race poll says(http://www.sacbee.com/topstories/story/1673204.html?mi_rss=Top%20Stories).

Obama + spending (http://www.cnn.com/2009/POLITICS/03/05/obama.pork/index.html).

Commentary on the Railroad Union

For anyone not current on this story, click here.  The short of it is that last September, a commuter train failed to stop at a red signal, causing it to crash, and killing 25 people (including the engineer) and injuring another 130.  It turns out that the engineer responsible for the crash had sent a text 22 seconds before the accident.

Now Metrolink - the operator of the crashed train - plans to install inward facing cameras in train cabs to monitor the engineer.  This seemed to me like a very reasonable and positive step towards improving rail safety, and specifically towards remedying this specific type of problem.  While I don't know how prevalent this inattentive behavior is amongst engineers, I also don't really care.  It happened, and we are a reactionary society.

However, the Railroad union objects to these cameras, claiming it will violate their privacy.  Instead, they suggest, there should just be a second person in the cab.  They say they don't object to outward facing cameras monitoring the track.  Yet that does not speak to the problem at hand - the track wasn't too distracted to do its job correctly.  They also argue that the cameras would "be expensive to install and would require training someone to monitor them."  Yet no effort was made (that I'm aware of) to prove that this would be more expensive than adding a second salaried worker to every train cab.  And it seems probable that one person would be capable of monitoring more that one train engineer.

I am afraid that I have to vehemently disagree with these assertions and suggestions.  First of all, I don't believe that train engineers have an expectation of privacy in the performance of their jobs.  Yes - maybe they are traditionally alone in the cab.  But then adding a second person would be just as bad.  And that is not the only flaw with the "second person" suggestion.  I cannot believe that any railroad would find it economically feasible to agree to this.  Basically the union is telling the railroads that they need to have two engineers in the cab, just in case one of them is busy attending to his social network. 

Here is the line that I simply cannot believe: 

The union officials said cameras would not deter accidents because crew members would be doing their jobs regardless of whether they were being watched. They did say they would accept cameras if they were used strictly to investigate accidents, but not as monitoring devices.

Can they be serious?  Are the union officials really willing to assert that this particular engineer was doing his job?  Because I think I can safely say that he was not doing his job, nor was he being watched.  So I am incredibly puzzled by their logic on this.  The cameras WOULD deter accidents exactly because crew memebers WOULD be doing their jobs because they WOULD know that they were being watched.  I hope that the National Transportation Safety Board doesn't buy into this nonsense.

What do you think?  I would especially like to hear from anyone who supports the union's position here. 

From the Wire:

The defendant in a Stockton, CA murder trial was shot dead Wednesday after attacking the judge during a recess (http://www.cnn.com/2009/CRIME/03/04/california.courtroom.shooting/index.html).

Federal court rules that the Vatican can be sued over abuse committed by its priests (http://www.nytimes.com/2009/03/04/us/04brfs-VATICANCANBE_BRF.html?_r=1&ref=us).

Markets Bullish, Dow average up today 149 points today (http://www.google.com/finance?hl=en&tab=we). Now we need to recover the other 8,000 points already lost.

Gold down for a variety of reasons (http://www.foxbusiness.com/story/markets/commodities/whats-golds-recent-slump/).

SF Fed: Recession bad in the West (http://latimesblogs.latimes.com/money_co/2009/03/fed-recession-w.html).

1/5 O.C. homeowners have negative equity in their homes (http://mortgage.freedomblogging.com/2009/03/04/1-in-5-oc-homeowners-with-loans-are-underwater/7423/).

Revised commentary on the CA budget, analysis and comments to come: (http://www.dof.ca.gov/budget/historical/2009-10/documents/Budget_Agreement_Full-Package-w.pdf).

No correlation found between hate crimes and the state of the economy, yet the "total number of hate groups operating in the U.S. has increased by more than half since 2000, according to a new report by the Southern Poverty Law Center." So what is driving the resurgence of hate?
(http://freakonomics.blogs.nytimes.com/2009/03/04/the-recession-and-the-klan/)

Discussion of public transportation in Los Angeles, a place where the car is king, defending the mass transit system that LA has developed, and comparing its ridership with other major US cities. LA claims 2% ridership, while SF claims 5% and NY claims 10%. (FYI: Paris is at 20%, and Tokyo is at 50%).
(http://freakonomics.blogs.nytimes.com/2009/03/03/los-angeles-transportation-facts-and-fiction-transit/)

What do we need to do to improve mass transit ridership in this country? Will the heavy rail spanning California will be successful in drawing passengers?

From the Wire:

More media and Mexican gov attention to Mexican drug violence. 2000 more federal troops and police to fight cartels (http://www.defensetech.org/archives/004719.html#comments).

Doctor wants to give soldiers MDMA (http://blog.wired.com/defense/2009/03/mdma-ptsd.html#more).

Barry to Russia: No more "Star Wars" for help with dealing with Iran nuclear issue (http://blog.wired.com/defense/2009/03/the-painstaking.html#more)?

Are we in a depression (http://www.cnbc.com/id/29510268)?

Pundit: Kneale: Is Obama Out of His Freakin' Mind? Critical of "tax and spend" thus far(http://www.cnbc.com/id/29510052).

Americans pulling back from 3-car families (http://www.cnbc.com/id/29508409)?

Feds: $75 billion to "starve off foreclosures" (http://www.washingtonpost.com/wp-dyn/content/story/2009/03/04/ST2009030401759.html).

SCOTUS: US consumers can sue drug makers for inadequate labelling (http://www.bloomberg.com/apps/news?pid=20601087&sid=aJHVUGV0Aw4U&refer=home).

More than 8.3 million owe more than home value (http://www.bloomberg.com/apps/news?pid=20601213&sid=amoql5AqN9z4&refer=home).

US and UK to fix world problems (http://edition.cnn.com/2009/POLITICS/03/04/gordon.brown.congress/).

From the Wire

Ex-Countrywide execs profit (http://www.nytimes.com/2009/03/04/business/04penny.html?_r=2&hp).

Post-partisan govenor? Dems and Reps both negative on Schwarzenegger (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/03/04/BAG4168L44.DTL&feed=rss.matierandross).


Assembly Speaker strips "wayway" dems of committees (http://www.latimes.com/news/local/la-me-bass4-2009mar04,0,1890039.story?track=rss).

CA voters asked to approve more taxes during special election (http://www.contracostatimes.com/politics/ci_11829592)... and they seem to support doing so (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/03/03/BA7Q167T1D.DTL).

My block...

http://www.people.com/people/article/0,,20262609,00.html

http://www.capitolweekly.net/article.php?_c=xt2xnktyywhqrj&issueId=xspaoignvy9jhb&xid=xt1wfvpujdxifs

http://www.pasadenastarnews.com/news/ci_11825251

Tweet*:

I really like the title "frugal democrat". There is nothing wrong with liberal views.--just views or plans that cannot be implemented. Both .gov and .ca.gov have an obligation to spend the taxpayer money wisely.

Freedom in the 50 States: Index of Personal and Economic Freedom:

"We find that the freest states in the country are New Hampshire, Colorado, and South Dakota, which together achieve a virtual tie for first place. All three states feature low taxes and government spending and middling levels of regulation and paternalism. New York is the least free by a considerable margin, followed by New Jersey, Rhode Island, California, and Maryland. On personal freedom alone, Alaska is the clear winner, while Maryland brings up the rear. As for freedom in the different regions of the country, the Mountain and West North Central regions are the freest overall while the Middle Atlantic lags far behind on both economic and personal freedom," (http://www.statepolicyindex.com/?page_id=143).


*not really a tweet (http://en.wikipedia.org/wiki/Micro-blog).

An interesting article...

A moderate manifesto: http://www.nytimes.com/2009/03/03/opinion/03brooks.html.

Don't agree with everything; but there are some good points. Here were some quotes I liked:

"Those of us in the moderate tradition — the Hamiltonian tradition that believes in limited but energetic government — thus find ourselves facing a void. We moderates are going to have to assert ourselves. We’re going to have to take a centrist tendency that has been politically feckless and intellectually vapid and turn it into an influential force."

"But beyond that, moderates will have to sketch out an alternative vision. This is a vision of a nation in which we’re all in it together — in which burdens are shared broadly, rather than simply inflicted upon a small minority. This is a vision of a nation that does not try to build prosperity on a foundation of debt. This is a vision that puts competitiveness and growth first, not redistribution first."

Response to Prop. 8 Legal Commentary

As was described by my esteemed colleague, the California Supreme Court is set to hear arguments regarding the validity of Proposition 8.  I wish to expand on a few points of the amendment/revision analysis that the Court is likely to undertake. 

Aëtius correctly noted that the test focuses on both the quantitative and qualitative changes that the change imposes on the California Constitution.  However, something important to note is that, "[s]ubstantial changes in either respect could amount to a revision."  Raven, supra at 349.  So, it is not necessary for there to be substantial changes in both the quantitative and qualitative aspects.  This gives the Court considerable maneuvering room in crafting this opinion.  

Now, the crucial issue for the California Supreme Court in the Raven case was that it tied the California Constitution to the United States Constitution, thereby stripping the California Supreme Court of its status as the final arbiter of the California Constitution.  By tying the California Constitution to the prevailing interpretation of the United States Constitution, federal judges would suddenly gain the power to interpret that California Constitution by way of interpreting the US Constitution.  Clearly that is a problem.  Nothing in Proposition 8 has this type of effect, so the review will have to proceed along different grounds.  

Quantitative Effects

Like the proposition at issue the Raven case, Proposition 8 does not delete any constitutional language, and only affects Article I.  While Prop. 8 adds one section - Sec. 7.5 - the proposition in Raven added 3 sections and amended a fourth.  The Court did not find the quantitative effect sufficient in Raven, so it is easy to see how they could rule the same with Prop. 8.

Qualitative Effects

The qualitative effects in Raven were what the Court really seized on.  They found the vesting of the interpretive power of the California Constitution in the United States Supreme Court to be a "devastating" effect.  As was stated in the earlier post, qualitative effects are analyzed to see if the proposition achieves far reaching, fundamental changes in our governmental plan.  I agree with Aëtius in that this will boil down to the fundamental nature of the right at issue - marriage.  Since the Court has already declared marriage to be a fundamental right (and did so quite recently), I believe they will be constrained to that.  And, because I do not believe they will remove fundamental right status, I think it is conceivable for the Court to strike down Prop. 8 via the qualitative effects prong.  I believe it could be successfully argued that a change resulting in the removal of a fundamental right from a class of citizens constitutes a fundamental change in our governmental plan.  

Now, I have not read the other cases outlining the fine points of the analysis, but I see a possibility.  If the issue of marriage as a fundamental right really gets reopened, then all bets are off.  I just don't see that happening.  

Prop. 8 Legal Commentary

The California Supreme Court is set to hear oral arguments on the Constitutional validity of Proposition 8. Proposition 8 is a ballot intiative approved (52% participating voted "yes") by the voters of California on Nov. 4th, 2008 which amended the California Constitution to say, ". . . [o]nly marriage between a man and a woman is valid or recognized in California".

Proposition 8 was passed after the California Supreme Court struck down the initiative statute Proposition 22 ("California Defense of Marriage Act") of 2000 in May 2008 (see In Re Marriage Cases (43 Cal.4th 757 (2008)).

The most pressing legal issue raised by Proposition 8 is whether the change Proposition 8 makes to the California Constitution is an "amendment" or a "revision".

Article 18 Sec 3 of the California Constitution gives the people of the state the power to amend the California Constitution by majority vote. A "revision" of the Constitution requires a Constitutional Convention or submission, by the legislature, of the proposal to the voters in order to be effective (id., sec 2). Whether or not Proposition 8 is a revision or an amendment will be the fundamental issue that the Court will have to determine.

If it is found to be an amendment it will probably stand; if found to be a revision it must be struck down.

The Constitution does not define these critical terms. Therefore the California Supreme Court laid out a framework to aid in the determination whether a change to the Constitution is a revision or an amendment. The California Supreme Court case Raven v. Deukmejian (52 Cal.3d 336 (1990)) reaffirms that the test will focus on both the "quantitative" and "qualitative" effects of the change.

Quantitative effects must be “so extensive ... as to change directly the 'substantial entirety' of the Constitution by the deletion or alteration of numerous existing provisions ....” (Amador County (22 Cal. 3d 203 (1978). Qualitative effects are changes which causes "far reaching changes to our basic governmental plan" (Raven 352).

It will be very interesting to see how the Court decides this issue. I believe the Court has only struck down 1 change as a revision (I could be wrong on this point). This change deals with what the Court has defined as a civil right (marriage), it deals with separation of powers issues, and with democratic issues. The Court already ruled in the the In Re Marriage that the right to marriage is a fundamental right which extends to those seeking a gay marriage. Do the people have the power to overrule the Supreme Court's constitutional holding?

I think the answer will largely depend on how the Court views the democratic/republican tensions inherent in our system and how "fundamental" the majority coalition considers the right to marriage.

From the Wire:

Obama/Budget:

President Obama's budget is so ambitious, with vast new spending on health care, energy independence, education and services for veterans, that experts say he probably will need to hire tens of thousands of new federal government workers to realize his goals (http://www.washingtonpost.com/wp-dyn/content/article/2009/03/02/AR2009030202935.html?wprss=rss_politics).

Economy:

Geithner "Financial Rescue may cost more" (http://www.bloomberg.com/apps/news?pid=20601103&sid=aQldZDlQpohE&refer=news). He also called for the restructuring of AIG.

General Electric Co. is reading the tea leaves of the troubled global economy and has found a new partner to help it weather the storm: government (http://www.marketwatch.com/news/story/ge-seeks-government-partnership-new/story.aspx?guid=%7B86C5CF5B-D7FA-4943-A78E-7A7055BE0C2F%7D&dist=msr_5).

Dow around 7700 and S&P under 700 (http://www.google.com/finance)

Obama: economy will not recover quickly--essential gov unfreeze credit markets (http://www.cnbc.com/id/29490661).

More taxpayer money to banks (http://www.cnbc.com/id/29491464).

Home sales down in Jan. (http://www.cnbc.com/id/29485224).

Bernanke claims AIG operated like a hedge fund. He is "more angry" about AIG than any other aspect of the financial crisis (http://www.bloomberg.com/apps/news?pid=20601103&sid=aCrzJbsxzKdk&refer=us).

Ford continues decline. Toyota has first loss in 59 years. Sales of Ford cars and trucks dropped to 99,400 from 192,799 from last year. Fewest sales in almost 27 years (http://www.bloomberg.com/apps/news?pid=20601087&sid=aNK9Q2yQV8yk&refer=home). Decline anticipated (http://www.cnbc.com/id/29490930). Detroit is in full retreat--sells off global empire (http://www.cnbc.com/id/29464505).

Next Bailout? Public pensions in the U.S. had total liabilities of $2.9 trillion as of Dec. 16, according to the researchers at Boston College. Their total assets are about 30 percent less than that, at $2 trillion. With stock market losses this year, public pensions in the U.S. are now underfunded by more than $1 trillion (http://www.bloomberg.com/apps/news?pid=20601109&sid=alwTE0Z5.1EA&refer=home).

Politics:

CA legislature resolves that Prop. 8 is unconstitutional--Sen. Leno (San Francisco) argued on the floor of the Senate that Prop. 8 violates the California Constitution because it is a "revision" not an "amendment". California Republican describes resolution as a waste of time (http://www.sacbee.com/topstories/story/1666044.html?mi_rss=Top%20Stories).

Defense:

Bush Justice Department opinion: warrantless domestic military actions legal when aimed at stopping terrorism (http://blog.wired.com/27bstroke6/2009/03/bush-lawyers-ap.html).

China takes a more active role internationally. Deploys destroyers and other naval assets to combat piracy in the Indian Ocean (http://informationdissemination.blogspot.com/2009/03/observing-pla-navy-indian-ocean.html).

Logistical Nightmare (Iraq 2010 withdraw) http://blog.wired.com/defense/2009/02/the-logistics-o.html)?

British Royal Navy set to become a component of the U.S. Navy? Britain is set to have 2 aircraft carriers coming online in the next few years. Critics believe it will lack the requisite number of destroyers, frigates, and other smaller ships to adequately protect and service the new ships (http://www.defensetech.org/archives/004714.html#comments).

Uh-oh Pakistani military officers accused of involvement with Mumbai attacks (http://www.longwarjournal.org/archives/2009/02/indian_charges_two_p.php).

Hispanics illegally profiled?

http://uk.reuters.com/article/marketsNewsUS/idUKN0240734920090302

A good sign?

CA .gov reform (http://www.latimes.com/news/columnists/la-me-cap2-2009mar02,0,4809431.column?track=rss)?

The Assembly has a new committee called the Assembly Accountability and Administrative Review Committee aimed at improving the performance of the state government. This is the first official move by the legislature to go after waste--and I applaud their effort. The dems have gotten on board admitting there is waste, abuse, and such in California that needs to be tackled. Republicans have been advocating such an effort for years. But they're perpetually the minority party and thus their ideas are not taken as seriously. The chairman of the new committee (De La Torre) said of the project, "I'm a cheap progressive."

Market continues to Fall.... And more bad news... Updated.

Update:

Buffet: U.S. economy in shambles (http://www.bloomberg.com/apps/news?pid=20601213&sid=ai9DTyPcka50&refer=home).

Dow lowest since 1997 (http://www.bloomberg.com/apps/news?pid=20601087&sid=aHP4RwNPNT2k&refer=home). The Dow is now below 6800... The U.S. and world economy continues to fall apart despite massive bailouts by the U.S. and various other governments. For some reason gold also fell today. Can't quite explain that one... Some have speculated that investors are in dire need of cash and are liquidating precious metals... CNBC predicts securities*may* end the year with gains (http://www.cnbc.com/id/29429549).

AIG (our newest asset as taxpayers--I think "we" own a 80% share) continued to plummet prompting $30 billion in new bailout money.

Crude oil fell to $4.00 today (http://www.bloomberg.com/apps/news?pid=20601087&sid=a1M0.nSTXC6M&refer=home).

Consumer switching to chicken (from beef and pork) in a quest for cheaper protein (http://www.bloomberg.com/apps/news?pid=20601109&sid=aWKabkAcH6M0&refer=home).


I'm pretty busy at work right now--but wanted a place holder to comment later today on the market... The Dow has fallen below 7k... I'll have more to say later in the day.

Freddie Mac CEO quits (http://www.cnbc.com/id/29463982).

AIG continues to crash (http://uk.reuters.com/article/marketsNewsUS/idUKN0240734920090302).

China warns of unemployment risk--biggest risk is unemployment says Chinese gov official (http://news.bbc.co.uk/2/hi/business/7915372.stm).

Buy gold (http://www.smartmoney.com/Investing/Economy/Nothing-Shines-Like-Gold/)?