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Archive: March 02, 2005

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Daily link icon Wednesday, March 2, 2005

  1. Belmont Club: The theater widens:

    As historical drama the GWOT's scope is staggering and may prove to be bigger in certain respects than that old yardstick, the Second World War.

       (0) Tags: [Opinions/Politics]
  2. Ping-o-Matic! » Ping-O-Matic Global Network, via Matt. I was wondering what they'd been hinting at.

       (1)

Jon Stewart on "American Might"

James Taranto on OpinionJournal has a transcript of part of last night's Daily Show, via PoliPundit. It's awesome. I'm downloading a torrent now, but anyone know if anyone put up a video clip of just this interview?

Update: Ha, just caught a re-run on TV. I didn't know they did that the next day.

Update: Here's a link to the video, via Glenn, who picks out Soderburg's most dispicable quote... "There's always hope that this might not work".

  1. Outside The Beltway : Judge Rules Padilla Must be Charged or Released:

    Were Padilla in the U.S. military, he could be tried in a military tribunal. Ditto were he a non-citizen or caught overseas. (I heartily endorsed summary trial in Afghanistan for John Walker Lindh and would not have batted an eye were he executed on the spot.) Unfortunately, none of those conditions apply.

    Here's background on the Padilla case (update: link fixed).

       (0) Tags: [Opinions/Politics]
  2. Tech Central Station - The Peculiar Institution: Understanding Why Palestinian Terror Is Different. Charles recommends it highly, so I want to read it when I get a chance.

       (0) Tags: [Opinions/Politics]

Roper v. Simmons

I've been updating the post on yesterday's Supreme Court decision frequently, and there's been some discussion. You may want to check it out.

I suppose I'll start posting new links in this post, however. Country Store has rounded up some material, and PoliPundit has had some good posts (one, two, three) on this, particularly the last one.

Tony Blankley has a good editorial at the Washington Times: Black robes and betrayal (via Power Line). I think it's important to understand the crime under issue as well, so the court's decision becomes a little bit less abstract in our minds:

The crime, as described yesterday by Justice Anthony Kennedy in Roper v. Simmons, writing for the majority: "At the age of 17, when he was still a junior in high school, Christopher Simmons ... committed murder ... There is little doubt that Simmons was the instigator of the crime. Before its commission Simmons said he wanted to murder someone. In chilling, callous terms he talked about his plan with his friends ... Simmons proposed to commit burglary and murder by breaking and entering, tying up a victim, and throwing the victim off a bridge. Simmons assured his friends they could 'getaway with it' because they were minors." A few hours later he proceeded to do just that, breaking into a home, covering the victim's head in a towel, wrapping her up in duct tape and tying her hands and legs together with electrical wire. Then he drove her to a bridge and threw her off into the water, where helpless, she drowned.

The question before the Supreme Court was whether this presented a case of cruel and unusual punishment in violation of the 8th Amendment to our Constitution. No, the court was not concerned with whether being assaulted in your home, wrapped in a towel, duct tape and electrical wire and thrown off a bridge was cruel and unusual punishment. That's OK. The court is only concerned with whether it was cruel and unusual to execute the strapping 17-year-old murderer who did it.

As DJ Drummond at PoliPundit points out:

Justice Kennedy wrote the majority decision, and in so doing cited the 8th and 14th Amendments were violated in assigning the death penalty to Christopher Simmons, for the crime of premeditated murder. Not only did Simmons admit he planned the murder beforehand, bragged about it afterwards to numerous persons, he also recruited Charles Benjamin and John Tessmer into the crime with the specific promise that *‘they could “get away with it” because they were minors’*. In short, Justice Kennedy assisted a murderer in his effort to suborn the consequences of his crime.

(last emphasis mine.) Blankley continues:

As Justice Antonin Scalia fumed in his dissent: "Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time." In this case, a majority of relevant states approve the practice.

Recognizing that they were arguing a rather weak set of facts regarding a national consensus, the majority supplemented its argument with the self-aggrandizing assertion that "In the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the 8th Amendment." Outrageously, the court asserts such power because, as Justice Scalia characterized, "juries cannot be trusted with the delicate task of weighing a defendant's youth along with other mitigating factors." This assertion, of course, undermines "the very foundations of our capital sentencing system."

You don't need to read Orin Kerr's post to see how that's exactly what they intended, but I'd recommend reading his post in any case Smiley

Also, for those not familiar, this overturns a 15 year old decision by the court that said the exact opposite. Scalia was incredulous:

In urging approval of a constitution that gave life-tenured judges the power to nullify laws enacted by the people's representatives, Alexander Hamilton assured the citizens of New York that there was little risk in this, since "[t]he judiciary ... ha[s] neither FORCE nor WILL but merely judgment." The Federalist No. 78, p. 465 (C. Rossiter ed. 1961). But Hamilton had in mind a traditional judiciary, "bound down by strict rules and precedents which serve to define and point out their duty in every particular case that comes before them." Id., at 471. Bound down, indeed. What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion that the meaning of our Constitution has changed over the past 15 years--not, mind you, that this Court's decision 15 years ago was wrong, but that the Constitution has changed.

(emphasis mine)

Update: Professor Bainbridge has another great post:

Outrage over the Supreme Court's recent death penalty case continues to mount. Interestingly, most of the critics are focusing not on the merits of the decision (i.e., the legitimacy of executing juveniles), but on the process by which the Supreme Court handed down its edict.

Um, Yeah. Read the whole thing.

TextDrive's plans for the future

TextDrive has been having some problems lately. You may have noticed my server's been slow or inaccessible sometimes. They got a huge influx of new people for their VCII plan, are having a bit of trouble keeping up with pounding by spammers, and at the same time lots of people on my server in particular started playing with a new version of Rails that created problems.

The company is still very young (10 months old, I think) and is experiencing some growth problems. They needed a bunch of new servers, but it seems they needed money first. So, they opened up another round of VC, and we're in the period of transition where they now have the money and bought the new servers, but we're suffering in the meantime.

The growth problems will be resolved eventually, and I'm excited about what TextDrive has planned for the future. They're doing things very differently than most shared hosts.

Spain's foreign minister is frank about the EU

Country Store provides a link to this article at The Sun quoting Spanish foreign minister Miguel Angel Moratinos:

BRITAIN’S days as an independent country will soon be over, Spain’s foreign minister boasted yesterday.

Miguel Angel Moratinos said it is only a matter of time before we are swallowed up by a new European superstate.

And he admitted that the EU Constitution will be a death warrant for sovereignty of the 25 member states.

Mr Moratinos declared: “We are witnessing the last remnants of national politics.”

And asked if the treaty would strip parliaments like Westminster of the right to set their own laws he replied: “Absolutely.”

Mr Moratinos said the constitution would lead to “a surrender of member states’ sovereignty”.

He told an EU think-tank that patriotism will be swept away as we all become Europeans.

The minister added: “The member states have already relinquished control of justice, liberty and security.

“Now the difficult part is approaching — the giving up of sovereignty in the dual arenas of foreign affairs and defence.

“The concept of traditional citizenship has been bypassed in the 21st century.”

  1. Building a Modern Computer From First Principles | Lambda the Ultimate. Looks like an interesting book. I want to watch the presentation (PP) later.

       (0) Tags: [Programming]
  2. Austin Bay: The Angry Arab Meets the Texas Cowboy (to finish reading), via Glenn.

       (0) Tags: [Opinions/Politics]

Q&A with Farid Ghadry on National Review Online

Q&A with Farid Ghadry on National Review Online (via Glenn).

First, an example of what I think is the critical point in the fall of any government.

NRO: How much of a risk is it for these people who are out in "martyrs' square" protesting?

Ghadry: It would have been risky if the Lebanese army followed orders by stopping demonstrators and used violence against them. But as it turned out, the Lebanese army helped the peaceful march by allowing people to sneak into martyrs' square, thus challenging their own orders. We saw army people wearing armbands with the color of red and white and small children distributing white roses to the army who did take them. That in effect is what brought the government down. They could not control the people or the army.

(emphasis mine)

Also, like I said, there's no way democratization is stopping at the border:

[Ghadry:] My friend Michael Ledeen told me that the demonstrations in Lebanon are really freeing Syria. How true that statement is!

This was interesting as well:

NRO: Are the people in Syria liable to be seriously encouraged by the Lebanese? Or is the Baath grip too strong?

Ghadry: In my talks with the Syrians inside Syria, they are resisting demonstrating because as one human-rights activist told me: "President Bush has yet to call for freedom for the Syrian people." The Syrians are afraid to march without the international cover and the encouraging words of our president. We believe that the moment Syria leaves Lebanon, the president will hammer a strategy for Syrians to gain their freedom and democracy away from a culture of violence that is besieging Iraqis, Lebanese, and now Israelis. It is a question of time and that is why Syria may not leave Lebanon peacefully. On the other hand, the Baath party's grip is strong, but the events in Lebanon have shown a brittle militant system that, if pushed a bit, could break apart.

  1. Ned Batchelder: Doodle-O drawings. That's awesome.

       (0)
  2. Scent of a Robot, via Steve. Really good.

       (0) Tags: [Music, Videos]
  3. If you think this whole democracy thing is going to stop at the Lebanon-Syria border, you're crazy.

       (0) Tags: [Opinions/Politics]

Flying dog!

Too cute!

Flying dog!

Via

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