AMERICA - The Right Way!! (Day 1787) [Remember the Trade Center!!]

Various News Sources and FReepers | December 12, 2005 | All of Us

[Chairman_December_19th_Society]

We will not tire, we will not falter, and we will not fail!

Good evening!!

Do not let the victims of the attacks on New York and Washington, nor the brave members of our Nation's military who have given their lives to protect our freedom, die in vain!!

This is the 1787th day that ATRW has run an edition, and that was the year of our Lord in which the United States Constitution was presented to the several states for ratification. So it seems fitting that a pivotal Constitutional case has been brought before the Supreme Court.

The case, actually it is the merger of four cases into one, surrounds the interpretation of the Apportionment Clause in Article I Section 2 of the Constitution.

The language in question reads:

The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative...

The Supreme Court took the case after lower courts had heard various suits brought about because of a certain set of activities in the state of Texas over the last few years.

Basically, the events unfolded in the following way. In 2000, the United States conducted its decinial census, and passed the relevent results along to the state of Texas, so it could undertake the requirements of redistricting to meet its new representative apportionment, as required by the Constitution. The state did so, and used the boundaries drawn for the 2002 election. Fifteen Republicans, out of 32 seats, were elected to Congress.

Republicans had attempted to change the districting map as being unfair, since their numbers had swelled in the state. If you recall, this sparked the infamous and cowardice flight of the other party to the great state of Oklahoma, who refused to extradite the miscreants. In any event, the GOP took control of the state's legislature, and passed a new districting map. As a result, the GOP gained six seats in the 2004 elections, and the losing party filed a number of lawsuits, four of which had sufficient merit in their writs of citiori to find favor, at least for a hearing, with the Supreme Court.

What is at issue is the fact that Texas did, legally, undertake two redistrictings during a single census cycle. Now whether that is an historic first is hard to say, but it is safe to say it is not a regular occurrence, and it is fair to understand why the other side is up in a wad over this.

But, is it against the rules? Refer back to the pertinent clause from the Constitution, the alleged guiding document of the Republic--alleged, because there have been some rights, such as abortion, that have been created from whole cloth (as an aside, this writer does believe there is an implied right to privacy in the Constitution, and it is in the Fourth Amendment, but that it was wrongly used to decide Roe, but that's another rant).

The Constitution clearly spells out the requirement to conduct a census. It also very clearly states that, after the first one, there shall be a regular occurrence of the census at ten year intervals. There is also the requirements levied upon all member states of the Union that it abide by the results of the census (implied) as the basis for conducting their apportionments (explicit) to determine the number of representatives that it will send to Congress.

It is also very clear the states must draw only a certain number of districts, and that such is determined by law by the Congress--currently set at 435 nationally. Amendment XIV amplifies upon this process with the one-man one-vote notion, and the Census Bureau, by Act of Congress, is responsible for determining the minimum and average district sizes to comply with that mandate, while sticking to the Congressional maximum of 435 seats. This is the apportionment of representatives, or apportionment, for short.

It is equally clear and distinct that it is only the census that may be used to determine the correct apportionment, and that states must use this information to create only a specific number of districts.

It is also abundently clear from the text of the Constitution that there is no limit as to the number of times that a given state, within the confines of the decenial period of the census, may undertake an redistricting process to determine how the state will be divided up in its representation.

Let's state that again--states may, within the context of Article I Section 2 of the United States Constitution, undertake as many redistrictings during a decenial census period as they like.

Now it has been custom, and indeed the custom has been written into many a state law, that the redistricting takes place only once every 10 years, after the census, and is binding for the balance of the census period. But laws within a state cannot, as a matter of juridictional principle, bind the state's legislature, either the current one or any in the future. It need only pass another law.

Indeed, it is from this precept that several states have redistricting clauses in their state constitutions, but they are of somewhat dubious jurisdictinoal value due to the supremecy of the United States Constitution, and the fact that it does speak to the subject.

Nevertheless, the left may have a point (yes, it's a stretch, but every once in a while the incongruent ramblings of the incoherent leftist rabble will, just out of shear random luck, actually put together two pieces of thought and form a point--so mark it on a calendar as it will not likely happen again for a long time to come). With a literal reading of the Constitution, then chaos could reign among the states regarding redistricting; every time the power structure changed in a state, regardless of the position in the decenial census cycle, redistricting could occur. It is equally true that the GOP should be careful of what it asks for as it might just get it.

But the argument is facetious on two counts.

First off, the Constitution is the organic law of the Nation. Organic law is that law which is most fundamental, that from which all other law must derive, thus its words are fundamental. And those words DO NOT include anything about a time requirement for redistricting.

Second, again with a literal reading of Article I Section 2, it is entirely possible that Congress could, and should, settle the matter with its own legislation. It can be argued, one could say persuasively, that Congress, because of the "in such manner as by law they shall direct" language, could tie the apportionment and redistricting processes together. Nevertheless, it is not, even in that manner, Constitutionally constrained, because it is not there.

Henry Hyde has been quoted as saying "facts are stubborn things," and the fact is the Constitution is silent on the question of the frequency of redistricting, and no manner of ranting and raving by anyone, from the right or from the left, will make it appear. Only a Constitutional Amendment can put it there, and none is is the works. The Supreme Court should find likewise, but in this era of finding unknown and heretofore unprinted language in the Constitution, it is hard to say.

Here's hoping the Roberts Court takes a stride back to the words that actually appear in the Constitution.

For AMERICA - The Right Way, I remain yours in the Cause, the Chairman.

[SittinYonder]

the weather here in NC is no big deal, so my lips are sealed.

LOL. I can't resist rubbing it in just a little:

We had a slight breeze yesterday that brought a little chill to the air. I passed a friend on the sidewalk and commented that if it weren't for the breeze it would feel like November. Of course, November the temps were hovering slightly above 60 degrees most days.

Breeze seems to have died down today. As soon as the sun gets a little higher I may go home and put on short sleeves. ;-)

[prairiebreeze]

The Republicans are not good at PR. Not sure why exactly. But paid ads etc. in the media would only draw headlines like: "Bush Desperate to Raise Poll Numbers" and "Republicans Try to Shore Up Support" blahblahblah.

Conservatives will never get a fair shake with the dinosaur media. That's why the media's nefarious motives and tactics must be brought into the spotlight.

[Holding Our Breath]

FNF just announced this morning that she was napping and her staff advised her to "roll up her sleeves" so as to look as if she were working when she went on TV. What a slime! Geez, I'm even more disgusted than before if that's possible!

Morning all!

[Jemian]

I was just perusing headlines on the News side of this forum and I came across this headline: GRITS ARE SCARY ON CHILDCARE.

I was just about to click on it so I could understand how a breakfast food could be "scary." Then I realized it was Canadian politics. LOL!

[Jemian]

Actually, we did exactly that. Remember the non-issue brought up last week about the stories we paid to have placed in Iraqi newspapers. And you are right. It did draw those negative headlines at least until the MSM realized that particular frog wouldn't jump.

[bevlar]

A quick good morning to tell you all it is an ice skating rink here. Not super cold, only 31 degrees, but we had rain yesterday and all that moisture is now frozen. I will have to be very cautious driving to the clinic this morning.

I flipped around the radio dials in the wee hours of the morning to hear how the liberals were handling the Williams execution. AMAZING!! "1st degree murder" Talifero screamed. And, of course, it is our Presidents fault "only in his murderous administration could this be happening".

Maybe we could get a government grant to discect a liberal to see what makes them tick.

[prairiebreeze]

And did we hear one peep out of those same liberals when Terri Schiavo was executed?

{{{crickets}}}

[Jemian]

It is about 31 degrees here, too. The grass is crunchy beneath our shoes. But the skies are clear and it ought to be in the mid-50s later today.

[Carolinamom]

I thought the same thing about the GRITS article and was just about to post a link...then I read it! (Of course, it could have also been about Girls Raised In The South. LOL)

[Jemian]

Yes, but did Terri write any children's books? I think not. Clearly she had not reformed like Tookie did.

< /sarcasm >

[Carolinamom]

The advice about her wearing steel tipped boots was equally deceiving.........Blanco in the thick of NO mud. HA

[Jemian]

Just a question: were there any riots in LA or SF or anywhere last night due to Williams execution? I haven't heard any news about rioting so I'm guessing not.

I can't resist. Williams went one Took over the line.

[Holding Our Breath]

I can't find the words to express how low I think this woman is...

Jem, I haven't heard or read about any rioting but i did see a flash of a picture of what seemed like hundreds of people rallying in support of Tookie. bevlar's right - we should disect these people to see what 's inside!

[Carolinamom]

Let's watch her tomorrow in the House Hearings lie and cry.

I learned today that on his birth certificate, Tookie's middle name really is "Tookie". No one to date has ever mentioned anything about his having a mother and/or father somewhere out there.

[Peach]

Be careful on that ice today, Bev. We used to have chains on our cars in upstate NY and that's really the only thing that helps when driving on ice. And even that's dangerous.

[DollyCali]

I hated to start keying in screenenames as I am sure I missed someone. thank you for your notes of encouragement & suggestions on many things.

Interesting that being a grief counselor surely doesn't help one much when in the grief soup. What one knows intellectually is different from what one experiences in spirit & soul

rather than write the same things via FReepmail or posts, I am doing a mass response to ideas etc.& letting you know how things go. Will be posting no doubt the same item at Finest(because I am lazy)

Oliver is still in my van. I am sure to some of you this sounds weird but I still feels good to be able to go out & hold him & kiss him

. After talking with law enforcement, vets, friends have about decided against an autopsy. Nothing is totally firm

I will be having burial, services - if you will - in a few days. The ground is cold & semi frozen & all who come will help dig the grave. A friend will be making a simple wooden casket. Another friend will be doing the grave marker.

His resting place will be in the rear of the property overlooking the national park that he so dearly loved to run in & where I initially found him 4+ years ago.

Oliver was "claimed" by many friends who did not have pets but called O "their boy" and went with me frequently on excursions of hiking, skiing & biking with him.

I slept a few hours last night & was dragged out & almost force fed by caring friend. Those of you who have lost pets suddenly know the difficulty & it almost seems sacrilegious to be even posting THIS as I know there are FR family now morning the loss of parents, children, siblings etc.. But loss is loss

Oliver's dog, Toby is really missing him. Oliver never let Toby get close to me.. emotionally or physically. If T came close, Oliver let him know quickly, what the pecking order was. Oliver was NEVER Alpha to ANYTHING until Toby. Toby is sitting most of the time on the place where I had Oliver the night I brought his body in when he died. He is resting his head (like a pillow) on Oliver's baby(stuffed teddy) which he was never permitted to touch/play with.

He is afraid to get on the bed (Oliver growled him off) etc. Because of his severely injured paw from about a week ago, Toby cannot run for now but when I take him out on leash he goes to the van and cries gently.

Thank you for indulging me as I share some pix. those who know me well, know I take pictures continually. I have hundreds of Oliver in the archives Various pix of O.. One is a pix of Oliver (head ) and Toby in the golf course where I walk them each Sunday after church. There are hundreds of acres of metro park / wild forest surrounding the golf course & that is where they romp. the other Link is a video of O & T. on the 23rdNov... they had been wildly running & playing. When I decided to do a video to capture it, they became calmer.. oh, well.

thank you again for your thoughts, notes etc. if I missed someone please know, I am pretty brain fried still and without that excuse am not the best detail person..

I am thinking now of I Corinthians 13.. and the greatest of these is love..

yes, thank you for YOUR expressions of concern & love..AND I thank God for the love of one of his creation that He permitted me to experience for 4 wonderful years. I know that my redeemer lives and I will be with Him AND my dear Oliver someday.

Oliver/Toby video

(avove)FReeping at a Brown's game last fall

(above) the back yard area overlooking where he will be buried

The Day I found him (above) abandoned in the river in a sewer pipe

Here is the Thread on his Rescue

[gulfcoast6]

GOOD A.M. TO YOU CHAIR, ALL, FROM THE MISSISSIPPI GULF COAST, USA, BRUISED BUT NOT BROKEN!!!!

Notice the folks hanging around the pen for Tookie to be sent to wherever? laughing, joking, no sign about him, just ones who said get rid of the death penalty.

SIL NOT in a good mood, fellow driving his truck just ruined the drivers door on his truck, somehow, I staying away until heat cools down with him. He gonna have to get a new door for sure.

Fireplace going to get worked on next week, replacing metal around the top of the chimney, got damaged in the storm, fold replacing it said it was OK to make a fire, I am the kind of guy who would have one going with it being 80 degrees outside, just love the sight of the flames leaping up, 'romantic' looking.

Looks like the dims are not doing so good with their attack on W, his speeches are putting it on them. Notice how silent their side is, only a few speaking out> Ole Kerry, missing is action.

Oldest D got a call from SBA yesterday, said her application has gone to a loan officer, here is hoping, I got her a 1 1/2 acre lot to put her trailer on when she gets it. Most of the big trees blown down but lots of small oaks still there, they too will grow up to be big boys one day.

Our troops are doing a wonderful job in Iraq and Afghanistan, just killing the dims, hope the election is a big success, watch them crayfish then.

I am out of here, got lots of do today, kinda, gotta find me something to do some physical work on, not working near I was this past summer, keeps me feeling good when I do.
One thing I am going to have to do, cut my roses back, got which I think was the last one for the season. Gotta plant my 8 Iris bulbs, where I do not know, throw rocks I guess and where they land, plant em.

Have a good day, a safe one, a pleasant one, one that will make you smile all day.
Toby

[gulfcoast6]

There is a mail ouder place here in Mississippi selling Ms gift packages, 'Trailer Trash' and my favorite, a 'Good Morning Ya'll', stone grinned grits and jam. Would have ordered some but expensive, sheesh.

[Holding Our Breath]

I heard somewhere that Tookie is his father's name. Could be another urban legend to give him roots....

[lysie]

A true friend Oliver was. Bless you, Dolly. Extra hugs for your other pup, Toby.