How our constitutions are supposed to work
Two Republican Florida Senators could have saved Terry Schiavo's life by voting 'yes' to a law. 'The death penalty is an authorized punishment for capital crimes designated by the legislature' (Article I, Basic Rights, SECTION 17, Florida Constitution), not the order of a county judge. The Florida House could have impeached Judge Greer (Article III, SECTION 17) for committing the felony (Florida Statute Chapter 825) of denying nutrition to a disabled person and multiple violations of guardianship (Florida Statute 744).
[...]Instead, George Greer, a black-robed priest-king, ordered that a deputy sheriff stand guard in Terry's room and prevent her parents from giving her a cup of water. When Gov. Bush had an executive agency exercise their authority under Florida law, George Greer ordered -- took executive authority -- over all Florida authorities.
[...] The Roman Republic ended when Roman Law was contested by men who said, 'the law is what I say it is.' Civil wars begat dictators, more civil wars and dictators until the civilization was a shell to be broken by invading barbarians. American Civilization is at her Rubicon. People seem to have forgotten that our constitutional republic's system of checks and balances applies to all three branches of government. The judicial branch is not the final word on what the legislative and executive branches decide to do. The judiciary's job is to ensure that what the legislative and executive branches are doing are within the boundaries of the respective constitution (federal or state). This is a job in which the judiciary has continually failed, nearly from the inception of our nation. Likewise, the judiciary is not to engage in making up law from the bench, which has repeatedly done since the 1960s, up to and including the granting of constitutional rights never before voted upon and passed. Law is the purview of the legislature, not the judiciary bench. Rights are granted by God, not the government. The judiciary has no enforcement powers of its own; it has to rely on the executive branch to enforce any decisions it may make. This is why I don't see why the deputy sheriff in the Schiavo case mentioned above could not have been removed by a state trooper on orders from Governor Bush, should the governor had chosen to do so. That deputy does not answer to Judge Greer. He answers to the Sheriff, who answers either to the constituents who elected him, or to the elected county government which appointed him. The latter, in turn, is answerable to the people who put them in to office. Unless that deputy committed a crime, or is acting as a baliff in the judge's courtroom, Judge Greer has no executive authority over him. Judges are not the final arbiters of what the law is. They are the insurers that the law is followed, and that law does not trample upon stated constitutional rights. It is not their job to "interpet" the law; a good law should need no interpretation. I am continually amazed at how the words "Congress shall make no law..." has been applied to state and local governing bodies. Likewise, "...shall not be infringed" has become "...shall be infringed when deemed necessary." No, it means shall not. Not then, not now, not ever. Not by a little or a lot. It means not at all. Yet we see it happen all the time, and by and large, as a populace, we do nothing about it. If a law is unclear, then the judiciary should send it back to the legislature for a do-over. Other than that, they should keep out of the law-making business. The Constitution of the United States is plenty clear-cut on many matters. We have simply allowed what was once clear to our forebears to be muddied in our eyes. [All emphasis throughout is added. --R]
ATPM 11.04
The April issue of About This Particular Macintosh is now available. Ellyn looks at the ongoing Apple trade secret lawsuits, which Wes covers as well. His Bloggable column is chock-full this month, as March was chock-full of Apple- and Macintosh-related news and bloggings. Yours truly is even quoted in the column, for which I am humbled and grateful. Paul takes another lap around the Internet, bringing back sightings of baby naming, credit reports, Canadian flag proposals, and ad blockers. Oh, and "three dozen kinds of fried dough." Ellyn has this month's Pod People, and discusses the use of digital music vis-a-vis le iPod for exercise purposes. Ted starts a new chapter of ATPO, with a look at the history of outline exchange and XML. Reader David Blumenstein shares his first Macworld Expo experience, and Scott Chitwood checks in with customizing your Mac with desktop pictures. Ever the mad scientist of multimedia experimentation, Sylvester shares some tips for your next multimedia project. The Ellyn Ritterskamp issue continues with her review of the iPod Shuffle, while our Mr. Lawson looks at three backpacks from Axio and the iLite. Marcus J. Albers reviews the latest king of Tetris games for the Mac. Cortland deals with designer networking, and the iTrolls ask "What's In A Name?". Frisky Freeware notes Firefox's kissing cousin, the Thunderbird e-mail client. Finally, Eric was kind enough to offer up desktop pictures from his trip to Arizona last year. This issue marks a milestone for ATPM. This e-zine has now been continuously published for 10 years. I am happy to say that I have been involved with the publication in one aspect or another for nearly seven of those ten. Since leaving college, this is the longest relationship I have had with anything or anyone other than my marriage to my wonderful wife. This publication has given me an outlet for writing. It has given me my best friend in the virtual world, and other close pals as well. The staff--all volunteers--approach the work as professionally as they would if this were a monthly print magazine that actually paid them. It's a top-notch crew that I am thankful to be a part of. I'm looking forward to the next 10 years.
More on the Apple trade secret cases
If you're not subscribing to MDJ or MWJ, you're missing out on what is the very best and most comprehensive coverage of the ongoing Apple trade secret lawsuits. Matt Deatherage has worked to the point of failing health to deliver a knock-out of an issue this past Sunday that features the most intensive news of the cases I've seen. Matt & Co. deliver brilliant point after brilliant point, with so many good ones, I'd have to reprint the entire article to get them all in. There is one example on why these cases are important for businesses, and why this is not about the political right to free speech as set forth in the First Amendment.
How many people would have looked twice at the original iMac if its Bondi Blue design had leaked out two months in advance, and competitors had already released similar-looking PCs? Apple actually introduced the machine at an event that everyone thought was for some of O'Grady's long-rumored PowerBooks, and it was - plus "one more thing." It's said that only about 30 people within Apple knew what the machine looked like or that it would be announced that May day in 1998, and the press coverage conveyed the shock at Apple's bold move.
The iMac's design influenced everything from rival PCs to peripherals to pencil sharpeners, but because Apple kept its work secret until it was ready, all those products were rightly seen as iMac copycats. If Think Secret had leaked the iMac like it did the Mac Mini, would the world have seen those products are iMac knock-offs - or seen the iMac, the original idea that was stolen and released prematurely, as "just part of a trend?" That sums it up. If the latter had happened, would Apple have recovered as quickly from its doldrums as it did? Would it have recovered at all? One could make the argument that the success of the iMac fueled the development of iTunes, the iTunes Music Store, and the iPod. Without the runaway success of the iMac, Apple as we know it today might not exist at all. That success could have been placed in serious jeopardy with rumors of the new machine leaking out. If you could spend your money on only one Macintosh publication, I would recommend MDJ or MWJ. (I have no affiliation with these publications, or their parent company, GCSF, Inc., other than as a satisfied subsriber.)
The Politics of Silicon Valley
Forbes publisher Rich Karlgaard has an intriguing look at the politics of Silicon Valley. Hint: incumbents are despised, "disrupters" are loved.
Take her seriously, but don't panic
Peggy Noonan, on Mrs. Clinton seeking the presidency:
Republicans--I have been among many--are now in the stage of the Hillary Conversation in which they are beginning to grouse about those who keep warning that Mrs. Clinton will be a formidable candidate for president in 2008. She won't be so tough, they say. America will never elect a woman like her, with such a sketchy history--financial scandals, political pardons, the whole mess that took place between 1980 and 2000.
I tell them they are wrong. First, it is good to be concerned about Mrs. Clinton, for she is coming down the pike. It is pointless to be afraid, but good to be concerned. Why? Because we live in a more or less 50-50 nation; because Mrs. Clinton is smarter than her husband and has become a better campaigner on the ground; because her warmth and humor seem less oily; because she has struck out a new rhetorically (though not legislatively) moderate course; because you don't play every card right the way she's been playing every card right the past five years unless you have real talent; because unlike her husband she has found it possible to grow more emotionally mature; because the presidency is the bright sharp focus of everything she does each day; because she is not going to get seriously dinged in the 2008 primaries but will likely face challengers who make her look even more moderate and stable; and because in 2008 we will have millions of 18- to 24-year-old voters who have no memory of her as the harridan of the East Wing and the nutty professor of HillaryCare.
The Hillary those young adults remember will be the senator--chuckling with a throaty chuckle, bantering amiably with Lindsey Graham, maternal and moderate and strong. Add to that this: Half the MSM will be for her, and the other half will be afraid of the half that is for her. (You think journalists are afraid of the right? Journalists are afraid of each other.) And on top of all that, It's time for a woman. Almost every young woman in America, every tough old suburban momma, every unmarried urban high-heel-wearing, briefcase-toting corporate lawyer will be saying it. They'll be working for, rooting for, giving to the woman.
I am of course exaggerating, but not by much. Not to mention that the 18-24 crowd didn't have, as usual, the voting impact in the 2004 election many hoped they would.
Taking away their shovels
"Congress doesn't act unless there is a crisis," one member of Congress once told me. That axiom is growing more apparent every day. Since many in Congress want to deny that we face crises in our economic infrastructure, the public must act now to remind them. We must demand urgent action to save our economic infrastructure. We must holler until they start to follow.
Instead of reading poll numbers, Congress must start reading thousands of e-mail messages from angry voters in their districts and states. Instead of listening to their political advisers, Congress must start listening to thousands of phone calls from people who are fed up with the income tax code, the dysfunctional Social Security structure, and runaway deficit spending. Instead of focusing on partisan politics and the next election, we must force Congress to focus on not leaving this mess for the next generation.
Let's start with a few real simple and specific messages. Congress, replace the income tax code with a national sales tax modeled on the FairTax. Congress, pass legislation that includes optional personal retirement accounts for workers younger than 45 years of age using 4 percentage points of their payroll taxes. Congress, let's enact a balanced budget amendment, since you have demonstrated that you cannot control your spending addiction.
Imagine what would happen if every member of Congress received this simple message every week from thousands of voters in their districts and states. Maybe then they will begin to see the same crises that we the people face every day.
Guarding your privates on campus
One FAL member’s monologue follows: "Hello, my name is Mary Man-Hating-Is-Fun. I am 23 years old, and I am what a feminist looks like. Ever since I learned to embrace my feminist nature, I found great joy in threatening men's lives, flicking off frat brothers and plotting the patriarchy's death. I hate men because they are men, because I see them for what they are: misogynistic, sexist, oppressive and absurdly pathetic beings who only serve to pollute and contaminate this world with war, abuse, oppression and rape."
Other members of the FAL wore scissors around their necks and sang a song about castration.
David Huffman, a writer for the UNH conservative paper "Common Sense" was outraged by the, shall we say, mr-ogyny of the event. Huffman was asked to leave the public university event during the open microphone session. Despite the fact that he wasn't singing songs about castration, FAL members said he was making women feel uncomfortable. Perhaps it was because he wasn't singing about castration that these women felt uncomfortable.
Huffman pointed out that nowhere did the posters advertising the event say "Women Only." He was simply excluded from an event at a public university based upon his gender.
The evening of man-hating was simply an example of an extremist group promoting stereotypes and encouraging violence towards another group. This is the kind of thing that is tolerated in the name of campus diversity, simply because the targets are the "right" group (Read: Not blacks, women, or gays).
After hearing poems that talked about castrating men, read by women with scissors tied around their necks, Hoffman asked "How is this any different than hating African-Americans or Jews?" The answer is simple: It is no different in principle. But, of course, the FAL is not based upon principle. The organization is based upon blind hatred. [Emphasis added on unlawful items. --R]
Chris Who?
Is there any doubt left that Chris Kattan is a third-rate hack whose career at Saturday Night Live only lasted as long as it did because he rode the coattails of the vastly more talented Will Ferrell? This was reinforced today when, while channel-surfing, I came across this tidbit: "Coming up next, SNL veteran Chris Kattan re-enacts a classic Ellen scene..." In my defense, I only settled on Ms. DeGeneres's show because at the time she was interviewing Sandra Bullock, the second-most beautiful woman in the world.
Comcast 2005 Customer Survey
Earlier in the week, we received a post card-based customer satisfaction survey from Comcast. We get ultra-basic cable and our high-speed Internet access from Comcast. I was looking forward to letting them have it, as we have been very displeased with their level of service the past few months. First, bad Comcast, bad! for not having a way to complete the survey online. This would undoubtedly have led to my being able to write more than I was able to on your flimsy little post card. Second, out of the four scores--Excellent, Good, Fair, and Poor--Comcast failed to rate the top spot in any category, got a Good for it's Field Tech experience, and rated a Poor when it comes to overall Customer Service experience. My comment:
A way to speak to knowledgeable techs on the phone would be nice, since some of us know way more about how our high-speed Internet access works than the customer service reps. This would lead to faster problem resolution. Also, outages every other week are likely not winning Comcast many fans. That's all I was able to get on the card, because Comcast decided it needed to put its logo in the bottom right quarter of the card, eating up valuable writing real estate. I have gotten to the point where I start out any phone conversation with a customer service rep with something like this: "Our high-speed Internet access is down. I've reset the cable modem multiple times. The cable television is much fuzzier than normal. It's not a problem with the lines in my house, you have an outage." To which the customer service rep still insists I reset the cable modem again. Which I don't, even though I tell them I do, since I've already done it, as I stated "multiple times." In the past, well, ever, every time our access has been lost, it has been due to an area-wide outage. It has never been due to the lines in or connecting directly to our house. One would think this sort of thing would be noted in account notes. Then the customer service rep could see the outage history and reasonably conclude that I know what the hell I'm talking about when I call. We have some new neighbors just down the block who reported that they signed up with Verizon for local phone and fiber optic, which VZ has been laying all over town. Many of us in the neighborhood have been waiting for some sort of notification from Verizon that they were ready to offer us high-speed access via fiber, so we could dump Comcast. Where's that number?
Loving death
Terri Schiavo may well die. No good will come of it. Those who are half in love with death will only become more red-fanged and ravenous.
And those who are still learning--our children--oh, what terrible lessons they're learning. What terrible stories are shaping them. They're witnessing the Schiavo drama on television and hearing it on radio. They are seeing a society--their society, their people--on the verge of famously accepting, even embracing, the idea that a damaged life is a throwaway life.
Our children have been reared in the age of abortion, and are coming of age in a time when seemingly respectable people are enthusiastic for euthanasia. It cannot be good for our children, and the world they will make, that they are given this new lesson that human life is not precious, not touched by the divine, not of infinite value.
Once you "know" that--that human life is not so special after all--then everything is possible, and none of it is good. When a society comes to believe that human life is not inherently worth living, it is a slippery slope to the gas chamber. You wind up on a low road that twists past Columbine and leads toward Auschwitz. Today that road runs through Pinellas Park, Fla.
Flickr-ed
I have joined the Flickr bandwagon. You can see my first set, from February of last year, "Winter Wonderland 2004". I am in the process of looking for a permanent residence on the web for my digital photos. I'm a little tired of the do-it-yourself routine I've been experimenting with, and I'm not looking forward to having to oversee yet another software backend, such as Gallery. The photo set you can see at Flickr took me about five minutes to create. Granted, most of the hard work was already done in iPhoto (photo titles and captions). I used FlickrExport by Fraser Speirs to upload directly from iPhoto to my Flickr account. I uploaded the full-sized images, so my free Flickr account is currently full. I had been looking at SmugMug, but now am having second thoughts, and am seriously considering upgrading to a Pro account with Flickr. More to come...
Installing BT module in G5
Going thru a backlog of RSS reading, I came across this post on installing the Bluetooth module in a Power Macintosh G5. One of my duties in the former job was performing this precise installation for part of a Genius Bar Apple Store client project. I did something on the order of 70 of these...well, a lot. It is not fun, and I have average-sized hands. I cannot imagine the pain a pair-of-meathooks-wielding tech must have to endure.
If it's contraband, can we remove it from display?
Further proof that (a) I don't know much about and don't care to know much about "modern" art, and (b) that some people have too much time on their hands: Contraband. What rubbish.
Cylon on your desk
Maybe I've just been watching too much Battlestar Galactica, but does anyone else think that VKB’s Bluetooth Virtual Keyboard looks like some kind of Cylon infiltration unit?
Pimp My Safari
Jon Hicks has set up the definitive Safari extensibility site. I say that only because no one else has, so as the first, Jon gets the honor of "definitive." I prefer my Safari to be as stable as possible, so the only extensibility I've engaged in is the use of Safari Enhancer and SafariSource. Your mileage may vary. [Via TUAW.]
Sit on a key
This is exactly the sort of thing dot-coms would have been blowing venture capital on for their lobbies and any worker who wanted one.
You moved <i>Seinfeld</i> to when?
So our local Fox station has been advertising that they're bringing back King of the Hill to its late-night comedy line-up, following Seinfeld. Great, I thought. I like KotH, too, though I don't watch it nearly as much as Seinfeld. What I've been missing from all of these little ads was the decision to move my favorite television show from its spot at 10:30 PM CST, to 11. In its place? A Current Affair. Or as I like to call it, A Current Who Cares? Now to dash a letter off to the station manager...
Camino's new digs
Mozilla offspring Camino has a new site. I like the new look, and downloaded the latest nightly build. Maybe it will be more stable on my system than 0.8.2. I really want to use Camino more, as I feel it's faster than Safari on my systems, but it doesn't seem as stable when it comes to running out of real RAM and having to subsist on virtual memory. [Via DF via Daniel Bogan.] UPDATE, 10:30 PM CST: After downloading and installing the latest nightly build, I happened across the site again, and was greeted with this banner near the top of the main page:

Fun, fun, fun! UPDATE 2, 11:30 PM CST: You can find all of Camino's keyboard shortcuts on one handy page. And its hidden preferences, too.