The upside of death panels

    Death panels will create battalions of disappointed supplicants with nothing left to lose:  Issue scooter-mounted recoilless rifles and point in the right direction. If the president is willing to be a one-termer to pass health care takeover, is he a suicide o-bomber?

    Another Folly of Federal Tort Reform

    You will have to read to the end to get to why this is pertinent to the folly of federal tort reform. The bookend cases of Swift v. Tyson (1842) and Erie v. Tompkins (1938) say all there is to say about interaction between state law and federal law. The opinion in Swift was written by Supreme Court Justice Joseph Story, a Harvard educated elitist.  | Read More »

    Federal Tort Reform II

    In a thread about tort reform, I started off a comment to Mr Devine with what I thought was an innocuous preamble:  ”I am not being a wiseguy but please tell me where I misapprehend the implications of federal tort reform.”  I was trying to show respect for Mr Devine’s experience and, knowing I’ve written about this subject several times, wanted to deflect from the | Read More »

    Dingell and the KKK

    Of the town hall protesters, John Dingell said: “Well, the last time I had to confront something like this was when I voted for the civil rights bill and my opponent voted against it. At that time, we had a lot of Ku Klux Klan folks and white supremacists and folks in white sheets and other things running around causing trouble.” That he had an | Read More »

    New Health Care Vocabulary

    Further Health Care vocabulary adjustments: Terror Groups: Left-wing Advance Care Planning Squads Murder: Unauthorized Advance Care Planning Defense To Murder: Advance Care Planning Fascist signs: Advance Care Planning To America Abortion: Early Advance Care Planning Air Cavalry Motto: “Advance Care Planning From Above” Roberta Flack Song: Advance Care Planning Me Softly

    Anthropogenic Plate Shifting

    An issue generally ignored by the MSM and the US Congress is anthropogenic plate shifting. All agree that the ideal state of the Earth is found in the Pangaea land mass as it existed about 250 million years ago.  What has happened since that idyllic time? Man made his appearance. Since the appearance of man, the plate shifting has only accelerated.  What has really stepped | Read More »

    Federal tort reform

    To those who habitually cite the 10th Amendment to complain about federal forays into state matters, make up your minds.  You whine about federal intrusions but beg for the more when you ask for federal tort (malpractice) reform. Unless you live in a federal enclave or territory, tort law is state law and nothing but state law.  And even if you are in federal court | Read More »

    Dudial Rights

    Since no one else has undertaken comment on Sarah Palin’s resignation, I guess it’s up to me. As much as I could, I tried to put myself in the shoes of the First Dude.  Like a zillion other guys, I have experience raising teenage girls.  But, like a zillion other guys, I don’t have 5 kids and don’t have a special needs kid. The life | Read More »

    Rights of state citizenship

    In “Federal building codes Part III,” an allusion was made to the problem of a federal and state armed robbery statute applicable to one set of facts. The federal Hobbs Act is an armed robbery statute applicable to armed robberies affecting interstate commerce.  It is simply a fact that all armed robberies affect interstate commerce. And it is simply a fact that all states have | Read More »

    Federal building codes Part III

    The cap and tax’s building code is a direct assault on the state’s “exclusive” power over real estate and property law.  First, a little background. By today’s standards, one can make an irrefutable argument that Constitution gives the federal legislature the power to pass local parking regulations:  Automobiles travel interstate. People drive them to stores to buy merchandise which itself has traveled interstate.  Since the | Read More »