
I can't claim credit for this one, but it deserves exposure for the genius that it is.
This morning the Supreme Court handed down the decision in a unanimous opinion by Justice Ginsburg. The Court limited its opinion to how this power applies in a traffic stop setting. It held first that the Terry v. Ohio power to detain is met in a traffic stop setting "whenever it is lawful for police to detain an automobile and its occupants pending inquiry into a vehicular violation." Second, "To justify a patdown of the driver or a passenger during a traffic stop, however, just as in the case of a pedestrian reasonably suspected of criminal activity, the police must harbor reasonable suspicion that the person subjected to the frisk is armed and dangerous." That is, the police can pat-down the passenger in a lawful traffic stop if the passenger is reasonably suspected of being dangerous regardless of what other crimes are suspected.The commentary on Orin Kerr's analysis is worth a read, even if just for familiarity with some of the jargon and finer points of application. Although it is uncomfortable to think about, it is likely that having the knowledge will be of practical use sooner rather than later, considering the general mitigation of civil liberties in this forced amalgamation of vassal-states.
The Obama administration fell in line with the Bush administration Thursday when it urged a federal judge to set aside a ruling in a closely watched spy case weighing whether a U.S. president may bypass Congress and establish a program of eavesdropping on Americans without warrants...The commentary pretty well writes itself here. Perhaps if the Left looks suitably pathetic, Obama will throw them a towel to clean up with, and throw in a few bucks for a cab-ride home.
The Obama administration is also siding with the former administration in its legal defense of July legislation that immunizes the nation's telecommunications companies from lawsuits accusing them of complicitity in Bush's eavesdropping program, according to testimony last week by incoming Attorney General Eric Holder.
That immunity legislation, which Obama voted for when he was a U.S. senator from Illinois, was included in a broader spy package that granted the government wide-ranging, warrantless eavesdropping powers on Americans' electronic communications.
While Barack Obama was being sworn in to office on Capitol Hill yesterday, the people of Iceland were starting the first revolution in the history of the republic. The word "revolution" might sound a bit of an overstatement, but given the calm temperament that usually prevails in Icelandic politics, the unfolding events represent, at the very least, a revolution in political activism.And while Iceland is an excellent microcosmic example of what can be expected as the correction takes its course, it is not alone:
Four months after the collapse of Iceland's entire financial system, no one has accepted any responsibility. Our currency has lost more than half its value, rampant inflation has already eaten up most people's savings, property values have dropped by more than a third and unemployment is reaching levels never seen before in the life of our young republic. The fault is clearly shared between the business elite and the government, which failed to regulate the newly privatised financial sector, allowing a few incompetent and egotistical business tycoons to gamble with the nation's fortune. And yet neither the government nor the bankers – who, by the way, seem to have disappeared into the cold thin air – see anything wrong with their own behaviour.
The financial meltdown has become part of the real economy and is now beginning to shape real politics. More and more citizens on the edge of the global crisis are taking to the streets. Bulgaria has been gripped this month by its worst riots since 1997 when street power helped to topple a Socialist government. Now Socialists are at the helm again and are having to fend off popular protests about government incompetence and corruption.The United States has avoided the worst of it so far, but that in itself is a small comfort: the damping effect of the Federal government's interventionist policy prevents a swift correction of accumulated mismanaged assets, just as that same interference amplifies existing and/or expanding "bubbles" in the economy. When the good times were good, we enjoyed a level of opulence unseen since the halcyon days of Palatine Hill.
In Latvia – where growth has been in double-digit figures for years – anger is bubbling over at official mismanagement. GDP is expected to contract by 5 per cent this year; salaries will be cut; unemployment will rise. Last week, in a country where demonstrators usually just sing and then go home, 10,000 people besieged parliament.

Having warned the Exchange of a Congressional investigation, Hoover induced the Senate to investigate the Stock Exchange, even though he admitted that the Federal Government had no constitutional jurisdiction over a purely New York institution. The President used continual pressure to launch the investigation of what he termed "sinister" "systematic bear raids," "vicious pools... pounding down" security prices, "deliberately making a profit from the losses of other people." Beside such demagogic rhetoric, constitutional limitations seemed pale indeed. Secretary of Commerce Lamont protested against the investigation, as did many New York bankers, but Hoover was not to be dissuaded. In answering the New York bankers, Hoover used some unknown crystal ball to assert that present prices of securities did not represent "true values." The stock market viciously persisted in judging stocks according to their earnings, a useful criterion that Hoover seemed to find vaguely traitorous:This might sound familiar:
"...the pounding of prices to a basis of earnings by obvious manipulation of the market and propaganda that values should be based on earnings at the bottom of a depression is an injury to the country and to the investing public."
Instead, the public should be "willing to invest on the basis of the future of the United States."
Washington, D.C., Sept. 19, 2008 — The Securities and Exchange Commission, acting in concert with the U.K. Financial Services Authority, took temporary emergency action to prohibit short selling in financial companies to protect the integrity and quality of the securities market and strengthen investor confidence. The U.K. FSA took similar action yesterday.One wonders, what original solution to this economic prolapse will they try next?
A divided U.S. Supreme Court gave prosecutors more ability to use evidence obtained in violation of the Constitution, ruling against a man who was arrested and searched only because of a police clerical error...Oddly enough (considering her usual tack), I agree with Ginsburg's minority opinion:
Herring was arrested when he came to the Coffee County sheriff’s department to retrieve something from an impounded truck. At the time, a neighboring county’s computer system showed an active arrest warrant for Herring’s failure to appear in court on a felony charge. That warrant in reality had been recalled, so Coffee County police lacked any legal basis to arrest Herring.
The Supreme Court in some past cases has applied the so- called exclusionary rule to illegally obtained evidence, barring its use at trial. The court has restricted use of the exclusionary rule under Roberts and his predecessor as chief justice, William Rehnquist.
“As laid out in our cases, the exclusionary rule serves to deter deliberate, reckless or grossly negligent conduct, or in some circumstances recurring or systemic negligence,” Roberts wrote. “The error in this case does not rise to that level.”
“Negligent recordkeeping errors by law enforcement threaten individual liberty, are susceptible to deterrence by the exclusionary rule and cannot be remedied effectively through other means,” Ginsburg wrote.Note the key phrase: "... cannot be remedied effectively through other means."
In a second criminal case resolved today, the justices ruled that judges, rather than juries, can make the factual determinations necessary for sentences to run consecutively instead of simultaneously. An Oregon man argued unsuccessfully that a jury should have decided whether he was eligible for consecutive sentences on burglary and sexual assault convictions.
The 5-4 ruling marked a step back from a line of sentencing cases that had given new significance to the constitutional jury- trial right. Those earlier decisions had said that jurors, not judges, must make any factual determinations that increase a potential sentence.

U.S. Reps. Harry Mitchell (D-AZ) and Ron Paul (R-TX) announced yesterday they will continue their bipartisan efforts to block an automatic pay raise for Congress, and have introduced legislation to block the nearly $4,700 raise scheduled to take effect next year.Wow, a guaranteed salary increase every year sounds fantastic, but how much are they making now?
Paul, whose congressional district includes parts of Fort Bend County and much of Cinco Ranch, said turning down the raise would demonstrate a commitment to fiscal responsibility...
The new legislation, H.R. 156, introduced yesterday has already garnered 57 co-sponsors, including another Katy-area congressman, Republican Michael McCaul.
In 1989, Congress passed a law that provides lawmakers with an automatic pay raise every January unless they vote specifically to reject the raise.
As of January 1, 2008, the annual salary of each Representative is $169,300. The Speaker of the House and the Majority and Minority Leaders earn more. The Speaker earned $212,100 during the 109th Congress (January 4, 2005-January 3, 2007) while the party leaders earned $183,500 (the same as Senate leaders).Now, supposing that Congress performed its Constitutionally-mandated duties for the entirety of its time in-session, a prevailing wage would not be an objectionable thing, in my opinion. However, not only does Congress largely fail at its job, it does so under the assumption that it alone can fool all the people all the time. Unfortunately for them, that just ain't so:
A cost-of-living-adjustment (COLA) increase takes effect annually unless Congress votes to not accept it. Congress sets members' salaries; however, the Twenty-seventh Amendment to the United States Constitution prohibits a change in salary (but not COLA) from taking effect until after the next general election. Representatives are eligible for lifetime benefits after serving for five years, including a pension, health benefits, and social security benefits.
Only 11% of voters give Congress good or excellent ratings, while 54% say the legislature is doing a poor job. Though low, the latest numbers are a slight improvement from December, when just nine percent (9%) gave Congress good or excellent ratings.As Representative Mitchell put it, the situation (and specifically, the raise) is "unconscionable". Now, if I didn't believe that the majority of the Congress elected to have their consciences surgically-removed years ago, we might have some sort of ethical leverage against them. Instead, they act with the foresight and cunning of a migrating wildebeest-herd, and even though odd member may be savagely disemboweled by angry constituents from time to time, the majority lives to spend another day on the Beltway's lush savannah in a quasi-conscious stupor.
Additionally, just 11% say Congress has passed any legislation to improve life in the United States recently, down from 13% last month. Most (59%) take the opposite view. However, another 30% are undecided at this point.
The number of voters who believe members of Congress are corrupt also has increased. While 36% of voters say most members of Congress are corrupt, 41% disagree. Last month, those numbers were 34% and 39% respectively.
Obama made both announcements on Monday, saying that his picks "bring the integrity, depth of experience and tenacity that the Department of Justice demands in these uncertain times." The soon-to-be-appointees: Tom Perrelli for associate attorney general and David Ogden for deputy attorney general.Where is your Obamessiah now?
Campaign rhetoric aside, this should be no surprise. Obama's selection of Joe Biden as vice president showed that the presidential hopeful was comfortable with someone with firmly pro-RIAA views. Biden urged the criminal prosecutions of copyright-infringing peer-to-peer users and tried to create a new federal felony involving playing unauthorized music.

First: Life on the farm ain't exactly pleasant when the water won't pump from our well.
Second: Life on the farm ain't exactly pleasant when the sump-pump won't pump to the leach-field.
Third: I hate PG&E.
Fourth: This system is a working prototype for an eventual off-grid house that is somewhere in my future, albeit that system will likely be larger, but with less conventional watt-usage. Like any other exploratory venture into design, it's best to start small, work out the bugs, expand and repeat.
Fifth: I hate PG&E.
Sixth: Producing one's own power is an option that is better to have than have not. For clarification, ask any of the several-thousand without power recently in the frozen north-east. Furthermore, one can always be sure of the placement in the priority-queue when using an off-grid system, and the resulting independence immediately brightens my day, even if it's a little more work in the interim.
Seventh: I hate PG&E.
The 1930s fascists were expert at using all the most technologically sophisticated communications technologies - the cinema, radio, newspapers, advertising - to spew their destructive, hate-filled message. What they excelled at was removing the the traditional middlemen like religion, media, and politics, and using these modern technologies of mass communications to speak with reassuring familiarity to the disorientated masses.
Imagine if today’s radically unregulated Internet, with its absence of fact checkers and editorial gatekeepers, had existed back then. Imagine that universal broadband had been available to enable the unemployed to read the latest conspiracy theories about the Great Crash on the blogosphere. Imagine the FDR-baiting, Hitler-loving Father Charles Coughlin, equipped with his "personalized" YouTube channel, able, at a click of a button, to distribute his racist message to the suffering masses. Or imagine a marketing genius like the Nazi chief propagandist Josef Goebbels managing a viral social network of anti-Semites which could coordinate local meet-ups to assault Jews and Communists.
Even before the October crash, Americans had become ever-increasingly suspicious to all institutional forms of authority - from traditional political parties to mainstream media organizations to Wall Street executives, educators, and lawyers.
In 2008, the Internet elected Barack Obama; in 2012, in an America with 15 percent or 20 percent unemployment, I doubt that the digital crowd will be quite as wise.
For another sneak preview of digital fascism, it’s worth looking at South Korea, another country with universal broadband infrastructure. In April, the new democratically elected South Korean President, Lee Myung Bak lifted a ban on imported American beef. This resulted in an eruption of anger on the Internet-first amongst teenage girls, then on the popular online portal Daum, and finally through teenage "citizen journalists" on blogs, videocasts, and social networks. The rumor spread that all the American beef was tainted with mad cow disease and an online petition for Lee’s impeachment got 1.3 million signatures in a week. And for an even more real-time example of digital fascism, take a look at the way in which this week’s raging anti government violence in Greece by the young and unemployed (already at over 9% in the Greek economy) has been coordinated by Facebook, Twitter and other viral digital networks.
fas⋅cism
/ˈfæʃɪzəm/ [fash-iz-uhm] - noun
1. (sometimes initial capital letter) a governmental system led by a dictator having complete power, forcibly suppressing opposition and criticism, regimenting all industry, commerce, etc., and emphasizing an aggressive nationalism and often racism.
2. (sometimes initial capital letter) the philosophy, principles, or methods of fascism.
3. (initial capital letter) a fascist movement, esp. the one established by Mussolini in Italy 1922-43.