Daniel M. Hendricks
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Recent Supreme Court Decisions

Eminent Domain

The Supreme Court voted to strengthen the power of government to seize private property for commercial developments last Thursday, a sad blow to the rights of the small and middle class property owner. Having known someone who was adversely affected by the use of eminent domain, I think this ruling was truly sad. From the Journal Sentinel article:

The court ruled 5-4 that local governments can buy property, even when it isn’t blighted, as long as the owner is fairly compensated.

I have two problems with this statement. First of all, local governments no longer have to justify their use of eminent domain beyond some sort of “public good.” Every proposed use of eminent domain likely has some benefit to a portion of the public at the expense of robbing the property owner. Furthermore, in my experience, “fair compensation” often means the current market value. I think it should mean fair market value, plus moving expenses, plus an inconvenience bonus. That doesn’t even take into account the emotional toll of losing land that one’s family may have owned for generations, or the feeling of being robbed by the community you’ve helped support and contribute to? All in the name of generating more tax revenue. I wonder when time come when eminent domain is used as a threat to defeat political opposition?

***Update***

The house has passed a bill that “would withhold federal money from state and local governments that use powers of eminent domain to force businesses and homeowners to give up their property for commercial uses.” Score one for the little guys!

File-sharing suffers major defeatAnother ruling to benefit mega corporations. If I use a screwdriver to kill someone, should the manufacturer be liable? What if I use my cell phone to threaten someone – should Sanyo be hauled into court? Here is the kicker:

We hold that one who distributes a device with the object of promoting its use to infringe copyright … is liable for the resulting acts of infringement by third parties.

Well, I suppose that makes sense – anyone who promotes a crime probably should be held accountable to some degree. However, are the makers of Grokster and Morpheus, et al “promoting its use to infringe copyright?” I don’t think so, anymore than BitTorrent creator Bram Cohen does, or Sir Tim Berners-Lee, the inventor of the world wide web. I don’t file share to the extent I did in college, but I also don’t feel that software should made illegal, only the actions of those who use it formalicious purposes.

US Bans Commandments in Court

Anothing ambigous ruling, although a partial victory for separation of religion and state I suppose. The justices ruled against the display of framed copies of the Commandments, but some displays would be permissible if they were “portrayed neutrally in order to honor America’s legal history”. I’m not sure how they can make such a distinction. It could be argued either way whether a particular display of the Ten Commandments is historical or a declaration of government support. Either way, I don’t find any display of religion in government as neutral, whether it be of Christian or Muslim or whatever origin. How does the atheist or Muslim feel about his or her chances while walking up the court steps past a monument of Christian beliefs? Seems intimidating, to me.

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Jacko and Shill

It’s been awhile since I posted anything, so I thought I would chime in on some current events.

Michael Jackson – Although I’m not too surprised he was found innocent on the molestation charges, I’m a little surprised he didn’t get nailed for allegedly serving alcohol to a minor, just to get him for something. Either way, from the interviews I’ve heard, it sounds like the jury made the right decision given reasonable doubt. For his sake, I hope he has learned a lesson or two. Something tells me we’ll see him again in court within the next 5 years, though. It will be interesting to see if he releases another album. People have short memories, so I think it would sell if it was any good.

Bush agrees to forgive $40bn in African debt – Thank goodness, because we sure don’t have financial problems in our own country! I say pay off our own debt, fix what’s broken in our own country, and then you can go play Mother Teresa. I don’t recall anyone ever offering to forgive my mortgage. Instead, I now have another debt to help pay off. Thanks Bush!

June 15th, 2005  People, Politics   Tags: , , , , more...
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Appleton Passes Public Smoking Ban

Wanda and I are quite please that Appleton residents passed the public smoking ban last night. I was surprised that it passed without an exception for bars, similar to the way Madison and Eau Claire have. How nice it will be to go to Appleton bars and not be engulfed by a smokey haze, assuming the new ordinance doesn’t get struck down. From the Post-Crescent article linked below:

“The state’s direct legislation law says you can’t use a referendum like this to repeal a specific ordinance. They (proponents) cite existing legislation at least three times,” Johnson said. “You can’t make law if you can’t obey the law. It’s going to be an ugly court fight, but we have an obligation for the public to fight this.”

Riiiight. They have an obligation to the public, which voted and decided that they wanted the ban. Further up in the article, we learn this about the individual who made the comment:

Robbie Johnson, president of Citizens for Responsible Regulation, which opposed the ban, said his group is disappointed.Johnson said he expects his group, comprised primarily of bar owners, to begin work later this week on a legal challenge to the referendum’s proceedings.

(Emphasis mine)

We’ll see if a judge throws out the will of the voters based on the desires of several local business owners.

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Condoleezza Rice and Racial Comedy

I consider myself leaning slightly left. I’ve always considered myself fiscally conservating, socially liberal (that is, spend money domestically and equal rights, not hand-outs). I think the Dems, particularly D-Florida Barbara Boxer, are being too hard on Rice. Fortunately, she has been able to hold her ground. I think Rice is quite intelligent and would make a fine Secretary of State. I have no doubt she will be voted in, however, I think the Dems need to lighten up a little on her. And I don’t think the racist political cartoons we’ve seen are particularly necessary. You can criticise her for her for how well you’d think she’ll do, but leave race out of it. If anything, we should demonize those who we are at war with, the Islamo-Fascists. Comedians making light of racial differences can be funny when tasteful and well placed, but I think some have gone too far and Rice doesn’t deserve it. It’s like the difference between making fun of the “hip-hop” generation vs. calling someone Uncle Tom. I don’t even mind when commedians make fun of white people as long as it’s tasteful and doesn’t become racist. Dave Chappell does it right – he makes fun of all races equally, including himself :) I love it when he plays the stiff, white, business man stereotype. I just wish he’d make some new episodes!

January 19th, 2005  Politics   Tags: , , , , , more...
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Fool me twice, shame on me…

Anyone who feels the U.S. isn’t offering enough in tsunami relief should see whom it is going to help:

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“Smaller Government”

It looks like our leadership has failed us again. “With the government facing imminent default because it has depleted its authority to borrow money, the debt limit bill would pump up the federal borrowing cap to $8.18 trillion. That is 70 percent the size of the entire U.S. economy, and more than $2.4 trillion higher than the debt Bush inherited upon taking office in 2001.” But I guess it’s easy to ignore the experts when you don’t have to worry about being re-elected. I love this line:

“Republicans said they were being responsible because the increased borrowing will let the government pay Social Security benefits and its other bills.”

Great, give money to those who were too stupid to save and give the bill to those of us who are already paying for two retirements. They also state they are going to use it to “pay other bills.” Doesn’t a loan payment count as a “bill”? At least Feingold and Kohl voted against it.

On a lighter note, I saw this humorous cartoon by Ted Rall.

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The people have spoken…

  • Four more years of skyrocketting oil prices…
  • Four more years of record deficits…
  • Four more years of eroding the rights of GLBTs and pushing them further into second-class citizen status…
  • Four more years of trading good jobs for crappy ones…
  • And worst of all, religion will rule the bench for the forseeable future…

At least my taxes will be lower so I can pay for the heat bill… And I’ll sleep better knowing the evil homosexuals aren’t coming to get me.

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Fellowship 9/11

I found this clever satire on Michael Moore’s Fahrenheit 9/11 linked on Fark. It’s really only funny if you’ve seen F911. I dunno, you might find it humorous if you like medieval/fantasy crap too.

October 12th, 2004  Humor   Tags: , , , , more...
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Interview with Green Party Candidate David Cobb

Green Party canididate David Cobb answers 12 questions posted by Slashdot readers. It’s an interesting read, and he seems a little less extreme than Mr. Badnarik, however, the questions and answers lacked substance. I really wish popular third party candidates were included in the debates.

October 2nd, 2004  Politics   Tags: , , , , , more...
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The Religion of Peace Strikes Again

Some would interpret it as a reason for us to leave the country we “invaded”, others would see it as justification for our war on terror. I tend to agree with the latter, but you can make up your own mind. The video is extremely graphic and I don’t recommend you watch it unless you have a strong control over your stomach.

September 27th, 2004  Politics, religion   Tags: , , , , , , , more...