Here’s the menu:
- Turkey
- Root mashers
- Stuffing
- Green Bean Casserole
- Relish tray
- Sweet potatoes in some form
- Dessert (TBD)
- Some kind of rolls
- Cranberries?
Here’s the shopping list:
- Turkey
- 3 pounds yukon gold potatoes
- 1 pound of carrots/parsnips/celery root
- 1 package butter
- chicken broth (see if we have some)
- fresh chives
- half and half (small container)
- Green Beans
- French onions
- Cream of Mushroom sopa
- 1 pkg celery
- 2 medium onions
- Fresh parsley
- 1.5 pounds of high-quality white sandwich bread
- 4 quarts of chicken stock
- eggs
- Pillsbury rolls
- 1 tri-tip steak
- asparagus
- 2 avocados
- 1 tomato
- cilantro
- hot sauce (cholula or tapatio)
- 2 cans frozen lemonade
- 2 cans frozen orange juice
- 1 bottle peach brandy
- beer
- two liter 7-up
- broccoli
- (good) salsa
Penzey’s List:
- cayenne pepper
- dried sage
- dried marjoram
To Do:
- Get knives sharpened
- Buy turkey roasting pan
- Buy dispoasable pans for cooking stuffing
- Get turkey baster (maybe?)
I’m overstocked on a bunch of Penzey’s. I’ll see if sage and MJ are on the list.
Also, I’m watching quarters 2, 3 and 4 of the Packer game at the Hilldale Great Dane. If you or lawboy want to make the trek through ice and snow, awesome. If not, I understand.
what the hell is a Hilldale Great Dane? that does not exist in Amish2000! my religion does not recognize the Hilldale Great Dane.
The Super Nintendo is the most advanced home videogame system allowed in Amish 2K. Golden Tee 99 is the most advanced Golden Tee.
These games achieve the perfect balance of fun and time commitment.
Gears of War? Come on, I have a job.
No Rock Band. Instead, you learn to play Eye of the Tiger on the sitar.
There is no need to improve on the George Foreman grill.
Cal is right. One Great Dane is more than enough.
I’ll watch it at the Village or the Blue Moon.
Your cell phone is a phone. You use a map to find your way in the world. You check your fantasy teams from your computer.
1-2 limit on pokerroom.com: that’s it.
Pennymoney, how many things broke last UFC? Seemed like everything you own.
Fresh parsley? Yes.
Pillsbury rolls? Yes.
Asparagus? Yes.
A cure for cancer? We are close enough.
>> No Rock Band. Instead, you learn to play Eye of the Tiger on the sitar.
I’d been thinking about picking up the banjo. I figure in our dystopian future the only fun thing will be hoe-downs and the to-be-created hoe-ups.
Here’s what broke during UFC: Xbox 360, the last straw of our relationship with our neighbors, the PS2 which will now not play games without weirding out, and my patience.
I’m now using whazzmaster to keep my shopping lists up-to-date.
I might be down for foosball; is lawman in?
WHICH IS IT THE VILLAGE OR THE BLUE MOON?
Hey madd– juddless has been trying to get a hold of you for awhile. He get ahold of you? I told him email was futile– just post a comment at Arlo’s blog.
Clean up the “friends” list and add Arlo. I’m pretty sure the author of New York, New Yorked died.
I’m not sure about the game yet. It’s at a really bad time. Kickoff is 7:30 and I don’t get out of work until 6:30. I need to drive home, feed/walk the dog and then feed me and belly. I don’t see that being done until 8:00 or so.
Also, I have work to do tonight but I might be able to blow it off. So my options are drop belly at Sundance and then watch it at the Dane or I could drop her off at Electric Earth and then watch it with you and lawman at your place or the Despot. Given a choice, I’d rather watch it at your house because your house is awesome and I need to take it easy– I’m up at 6:30 on Tuesday.
This got me a month ban on stars:
The following chat was observed
u got raspberry jam on ur muppet kunt
awesome
I don’t even know how that’s insulting. It doesn’t even make sense.
like big brother over there at stars. observing everything. where are your rights? you got no trial thats a due process violation. this is an equal protection issue, you are a player of poker this the strict scrutiny standard would apply. is it necessary and compelling that stars should observe you? no rational basis test = observation must be rationally related to any legitimate interest. final in 9 days. Review:
Interplay of congress legislative power and Definition of congress legislative power and Limitations irrespective of congress legislative power
11th amendment – state soverignity. Citizens cannot sue states
1) COMMERCE POWER – congress has plenary (absolute) power to regulate commerce under article 1.
a. Channels of interstate commerce (roads / bridges) unlimited
b. Instrumentalities and things in interstate commerce (people and things) unlimited
c. Those things which have a substantial effect on interstate commerce. Can’t be aggragated if it is a nonsubstantial effect on commerce such as:
i. Lopez with his gun in his pocket
ii. A rape on a college campus
iii. Local police powers, education, family law (historically for states)
2) 11th amendment – states being sued in federal court
a. Supremacy Clause of Constitution: constitution, laws and treaties of the united states will be the supreme law of the land.
b. State cannot be sued in federal court by a citizen of another state or nation
i. Hans vs. louisiana – states cannot be sued in federal court by THEIR OWN citizens either (soverign immunity)
c. Congress legislative power under article 5 of 14th amendment: congress can enforce by approprite legislation the provisions of the 14th amendment
d. Type of legislation?
i. Biggest limitation: congress cannot decide what it means to enforce the 14th amendment! The court decides what is the 14th amendment (what is equal protection, what is due process)
ii. With regard to legislation- all legislation must be proportional and congruent to whatever congress is trying to enforce
1. Scrutny tests:
a. Suspect classes of people under equal protection – categories of people
b. strict scrutny = race, national origin, alien. Congress has BROAD power to protect race, nat. origin etc. this is because all aspects of racial descrimination are prohibited! Any kind of legislation congress passes with regard to race will be proprotional.
c. Given physical nature of certain jobs etc … test for scrutny for gender and disabled will be intermediate scrutny
d. Last class – discrimination may have a rational basis. Age. Minors. This is a minimum test. Every law must pass rational basis or it is illegal. Rational basis can never be supported by something that is punitive or discriminatory (sodemy law)
iii. Congress must identify that there is some kind of evil
1. Florida Board of Regents – congress identifies age discrimination, court says this is not big enough also, age is not limited to a discrete and limited minority- everybody gets old! Also they vote and have many alies in the community (relatives) therefore they are not put into a suspect class
2. Age does not get strict scrutny and therefore general legislation by congress is not proportional and congruent
3. Necessary remedy
what exactly calls for: 1 bottle peach brandy
r u making a pie for ur muppet kunt?
• Any time that congress passes a law there is a PRESUMPTION that the law is INVALID.
• Any time that states pass a law there is a PRESUMPTION that it is VALID unless you can show that somehow what states do is prohibited.
Article IV – No monarachy
Article V – Amendments are difficult ¾ of states must agree- DIFFICULT TO AMEND!
Article VI – Constitution, law, treaties are supreme law of the land
Amendment IX – just because we list rights THOSE ARE NOT THE ONLY RIGHTS! Many are not enumerated
Amentment X – powers are reserved to the states or to the people
i want to play gears of war 2. i’m sad that my religion has banned it. but the Amish2000 religion works in strange and mysterous ways. i know that it gears of war 2 will only be destructive to me.
prince was one of the first to speak out against post 2000 in his song 1999. i have to throw away my ipod but i’m glad. i get to run with my walkman cd player which will skip when jostled, so this helps my balance. Amish2000 is like a light in a dark room.
Amish2000 isn’t all about taking away, there is still hyper color shirt technology (amazing technology shunned by post 2000 followers) and zubaz fashion that comes directly from the animal kingdom! and loose fitting! all the best in fashion is right under your nose if you clear away all the bogus fashion of today.
You knew fashion was in trouble when they started adding pockets that don’t open and buttons for no reason. Stop the insanity.
The ipod just missed the cut (oct 01) but I was considering allowing it until you made the point about balance.
I cut and pasted your law-speak into an email and sent it off to pokerstars. I’ll keep you updated.
good, fearing a law suit, they will shower you with rigged hands of gold.
i hope beards that just outline your face happened after 2000 because i hate that.
“law suit”? dude, aren’t you supposed to know the law?
hmmm i guess there is no space. yes that seems to have escaped my vast education. thanks for nothing o’neil.
peach pie shots for your muppet cunt
cal = hare-brained scheme
jump suit, law suit, whatever.
late night love. ok mr. law suit. now explain the flavored brandy. snap!
Cal, you and Tom Z. are getting invites ( ahemn. evites.) to a very special party. shine up your shoes and iron your yellows and a good pair of khakis. you will be called when it’s time to go.
Hint: it will be in a few hours.
dude i’ll post my entire con law outline if you don’t watch out
o’neil, correct this for me:
Double Hint: it WON’T involve the Craigslist personals page.
Triple Hint: it is Opposite Day.
Con Law Outline
The Constitution
Article I -“All legislative powers herein granted” – limited list / no more
• Any time that congress passes a law there is a PRESUMPTION that the law is INVALID.
• Any time that states pass a law there is a PRESUMPTION that it is VALID unless you can show that somehow what states do is prohibited.
Section 8
Enumerated list — Congress shall have the power:
Commerce Clause, Taxing and Spending Power, War power,
Article II – President
“The executive Power shall be vested” – not shared – all to the president
“Commander in Chief of Army/Navy”
Article III – Judiciary
Section 2 Clause 2 – The supreme court shall have original jx. in all the other cases before mentioned, the supreme court shall have appellate jx, both as to law and fact, with such exceptions, and under such regulations as the congress shall make.
The Federal Judicial Power- The Authority for Judicial Review.
Article III, Section 2 – The supreme court shall have original jx. in all the other cases before mentioned, the supreme court shall have appellate jx, both as to law and fact, with such exceptions, and under such regulations as the congress shall make.
Congress makes laws, court intrepts them
Marbury V. Madison – Marbury is establishing the three principles of judicial review
3. Marbury v. Madison, 5 U.S. 137 (1803)hk
a. Without this case there would be no constitutional law.
i. Marbury established judicial review while declaring unconstitutional a statute that he read as expanding the Court’s powers.
ii. Marbury created the authority for judicial review of executive actions.
iii. Marbury established that Article III is the ceiling of federal court jurisdiction.
Martin v. Hunter’s Lessee – Land in VA
Cohens v. Virginia – Selling Lottery Tickets
state law vs. federal law – fed law wins
Ex Parte McCardle
The court can only decide on what has been passed by congress AND can not decide on what has been repealed by congress.
Klien contrasts this… how?
Limitations to the Constitution
Language Limitations:
Constitution says in order to be president one must be “natural born” … C-section?
Constitution says “he” can a woman be president?
Intrepretation limitations:
What was the intent of the drafters of constitution? How to intrepret the Constitution?
• Originalists – plain meaning of the constution. Only the actual words or … apply the words plus what we know was the intent.
• Non-originalists – broad intrepretation of the constitution – believe in a living constitution.
Justiciability Limitations: “arrises in cases in controversies” [we aren’t covering justiciability limitations]
Example Jefferson writes to the supreme court to ask if the US can sell ships/guns to England/France and remain neutral? Court says can’t help… can’t give advisory opinions. Only “cases and controveries”.
The Federal Legislative Power
Federal gov is one of limited powers. Congress must have express or implied power to act, which can be found in Article I section 8.
Four Different Sources of Power:
• Necessary and proper
• Commerce Clause
• Tax and Spend Power
• Post-Civil War Amendments
Necessary and Proper Clause
• Congress may not exceed its express enumerated powers in Article I, Section 8, however, Marshall construed the phrase “necessary and proper” to create implied congressional powers!
• Necessary meaning: USEFUL, CONVENIENT, DESIRABLE, HELPFUL
• Grants Congress the power to make all laws necessary and proper (appropriate) for carrying into execution any power granted to any branch of government, as long as it is not prohibited by the constitution.
McCulloch v. Maryland – Issue: whether it is constitutional for the State of Maryland to tax the Bank of the United States.
1. Does Congress have the power to incorporate a bank?
a. Yes. We do not find establishing a bank or creating a corporation in the constitution. But incidental or implied powers might grant it.
2. Can Maryland tax the bank?
a. No. Court concluded that the state may not tax the Bank of U.S. State cannot interfere with the operations of the federal government at all by taxation.
b. This would be a violation of federalism- because if Maryland can tax the bank then they affect the other states! This violates the basis of the central government! To protect and serve the states equally.
The Commerce Clause (Broad / Narrow / Broad / Narrow)
Among 18 listed powers of Article 1: The Commerce Clause
1) Constitution – 1890’s – Congress given liberal use of the Commerce Clause
2) 1890’s – 1937 – narrow view of the commerce clause
3) 1937 – 2000 – broad view of the commerce clause
4) 2000 – present – limited once again
COMMERCE POWER – congress has plenary (absolute) power to regulate commerce under article 1.
a. Channels of interstate commerce (roads / bridges) unlimited
b. Instrumentalities and things in interstate commerce (people and things) unlimited
c. Those things which have a substantial effect on interstate commerce. Can’t be aggragated if it is a nonsubstantial effect on commerce such as:
i. Lopez with his gun in his pocket
ii. A rape on a college campus
iii. Local police powers, education, family law
Gibbons v. Ogden – Yes commerce clause
Court says commerce is MORE than just selling… says shipping/ferries are also commerce therefore congress has the right to regulate.
United States v. E.C. Knight Co. – No commerce clause!
EC Knight has monopoly on Sugar. Courts says Federal courts cannot step in. Commerce IS NOT PRODUCTION!!! Commerce starts with buying and selling! This point of view says in courts until the New Deal. (last gasp is Carter Coal 1936)
Carter v. Carter Coal Co. – No commerce clause!
Sets a mandatory minimum wage and allows workers to organize somewhat. Allows collective bargening. Court says THIS IS NOT COMMERCE! This is attempting to address social evils through the use of the commerce clause!
Shreveport Rate Cases -1914 – YES Commerce Clause!
Texas is charging less within Texas to get more passengers. Texas RR claims there is no cause for federal regulation because the RR travels ONLY WITHIN TEXAS!!! Court says you are AFFECTING interstate commerce! Therefore you are subject to reglulation!
Schechter Poultry Corp v. US -1935 – NO Clause!
Chickens. “poultry had come to a permanent rest within the state.” Therefore no Federal regulation allowed.
During this era court claims the 10th amendment reserve powers for the states
Hammer v. Dagenhart – No Commerce Clause!
Congress attempts to prohibit child labor. Court says you are trying to fix LOCAL ILLS and you may not do that. Court says 10th amendment prevents this! Because preventing local ills is within the police powers of the state!
Champion v. Ames – Yes Commerce Clause!
Congress has prohibited lotteries. Court says yes, congress can address this… This is an inconsistancy yes to regulate lotteries, no to child labor! This is motivated by conservative economic policy
1937 – 1990’s court gives congress free reign to leglislation dealing with the commerce clause. No federal law is struck down as exceeding the commerce cause during this period.
NLRB v. Jones & Laughlin Steel Corp – Yes Commerce Clause!
Unfair labor practice – employees forming unions – allow collective bargening. Courts says the steel companies have to PAY A MINIMUM WAGE! Now production IS A PART OF COMMERCE!(change from carter coal!) NOW IF IT AFFECTS INTERSTATE COMMERCE then congress can regulate!
Wickard v. Filburn Yes Commerce Clause! Most Dramatic Case
Farmer in OH raising wheat, eating the wheat, everything is within Ohio! Farmer is growing more than he is allowed by federal regulation. Court say:
“That appellee’s own contribution on the demand for wheat may be trivial by itself is not enough to remove him from the scope of federal regulation where, as here, his contribution, taken together with that of many others sumilarly situated, is far from trivial.”
Heart of Atlanta Motel – Yes Commerce Clause!
Motel does not serve african americans. Congress regulates under the commerce clause. Douglas concurring opinion says: why not regulate under 14th amendment (Equal protection clause)? Johnson does not want to “get stuck”in supreme court legislation… regulates under the commerce clause!
Katzenbach – Yes Commerce Clause!
Like Wickard v. Filburn: farmers growing wheat and eating it himself trivial in itself but with many others similarly situated, is far from trivial
Perez – No Commerce Clause!
loan sharks. For the first time supreme court begins to question whether congress has gone too far. States are valuable as laboritories! State soverignity is important! States can create new methods of government that are creative and important!
Steward dissent says: Because I am unable to discern any rational distinction between loan sharking and other local crime, I cannot escape the conclusion that this statute was beyond the power of congress to enact.
Hodel – Yes Commerce Clause!
“The court asserts that regulation will be upheld if congress had a rational basis for finding that the regulated activity affects interstate commerce…”
“Rational Basis” test:
• Whatever particular problem addressed congress had some RATIONAL BASIS for addresssing the problem. [LOW THRESHOLD]
• The legislature must have reasonably belived that it MIGHT address the problem
National League of Cities – No Commerce Clause!
Congress is trying to establish a fair labor law. Minimum wage law. Majority says this may be commerce… but this case is an exception… congress may not violate the constitution. Here court finds the 10th amendment is violated! (court contradicts darby which said 10th amendment is only a “truism”)
Here congress is affecting the state’s ability to finance itself! Rehnquist says we know we have “crossed the line” when we go into TRADITIONAL AREAS of state sovernity! Intregral , Necessary and Traditional areas must stay within the power of the state!
1995 – Present
US v. Lopez -1995
“lopez with a gun in his pocket”
Brady bill – federal violation for a person to carry a gun within 1000 feet of a school. Court strikes it down. Says it does not fall under Commerce Clause test!
• Channels of interstate commerce
• Instrumentalities of interstate commerce
• Those activies that have a substantial relationship to interstate commerce
Trying to get it under thrird requirement… court says No. there is no direct, substantial effect on interstate commerce.
United States v. Morrison – Sues under VAWA
Congress tried to get this law upheld under the third part of the test on the ground that violence against women has a substantial effect on the national economy
Court says NO! Majority uses slipery slope argument – IF THE COURT can regulate this than the court may regulate schools/crime other state powers.
Thomas concurring says THERE SHOULD BE NO “SUBSTANTIAL EFFECTS” TEST!!! And leave only the first two tests. (he is alone in this)
Solid Waste Agency of Northern Cook County – abandoned gravel pits
This does not apply to the commerce clause because abandoned gravel pits to do not fit the statute. They are not the type of waterway the commerce clause affects.
EXAM TIP- Wickard case and Lopez Case crucial! Read the statute! Use its language.
See under which three cateogires of the commerce clause the statute falls under.
Commerce Clause / 10th amendment
The 10th Amendment is not a strong limitation on the federal commerce power! It is a weak limitation! 10th amendment says POWERS NOT DELGATED TO THE FEDERAL GOVERNMENT ARE RESERVED TO THE STATES!
Garcia v. San Antonio – Yes Commerce Clause! Overrules National League of Cities.
Federal Statute – which established minimum wage laws for transit workers. Law did not make an exemption for state transit workers… state argues that the 10th amendment (power not delagated to the fed gov must be left to the states) would preclude congress from passing this law!
Supreme court finds it WAS CONSTITUTIONAL under the commerce power! 10th amendment will not invalidate! This overrules Nat. League of Cities. Blackmun says “test” to protect “traditional” governmental function intregral to the power of the state is impossible to regulate…. Thows it out. Says states will be fine by themselves, they can lobby for their own interests.
New York v. United States – low level radioactive waste – 10th amendment is VALID LIMITATION
1992 case, “one of the most important decisions of the… of the decade”
Congress passsed a law said NY MUST PASS LEGISLATION TO ARRANGE FOR DISPOSAL OF TOXIC WASTE. CONGRESS was passing a law telling the STATE to pass a law! 10th amend DOES prevent congress from interfering with a STATES law making processes. Congress may not commendeer the states to enact or enforce a federal regulatory program!!!
Court says congress has violated the 10th amendment by “commendeering” the state. Congress CAN use a “carrot” as an incentive but not “stick”
PRINTZ – brady act background check
Congress can’t commandeer states police powers.
Taxing and Spending Power
Plenary power of Congress. Congress may tax and spend for the general welfare.
A Federal Tax is Valid if the Dominent Intent is F iscal! If federal tax raises revnue = constitutional.
General Welfare Clause – not an independent source of power. GWC limits taxing and spending power!
Congress can ATTACH STRINGS to GRANTS OF MONEY! Congress can say “we won’t give you $$ for highways unless state highway commishioner resigns.” YES CONSTITUTIONAL!
CONGRESS CAN REGULATE INDIRECTLY WHERE IT CANNOT LEGISLATE DIRECTLY! (carrot not stick)
Appropriation = Taxing and Spending
Hatch Act – after WWII congress investigated state governments that were corrupt. Congress decided to cut down on state corruption. Hatch Act provides gigantic grants of federal money if the states would do various things, mainly establish civil services… state employees could not engage in political activites. States challenge, court says it’s fine… state doesn’t’ want to do it… then fine… don’t have to. CONGRESS MAY ATTACH CONDITIONS!
South Dakota v. Dole
A number of states allowed minors to buy 3/2 beer. 1987 congress says selling beer to a person under 21 will lose 5% of Highway funding. This is to discourage drinking driving.
If congress wants to put a condition on a grant it must be stated CLEARLY AND UNAMBIGUOUSLY! The condition must be a condition that is related to the grant program!!!
Review:
1) COMMERCE POWER – congress has plenary (absolute) power to regulate commerce under article 1.
a. Channels of interstate commerce (roads / bridges) unlimited
b. Instrumentalities and things in interstate commerce (people and things) unlimited
c. Those things which have a substantial effect on interstate commerce. Can’t be aggragated if it is a nonsubstantial effect on commerce such as:
i. Lopez with his gun in his pocket
ii. A rape on a college campus
iii. Local police powers, education, family law (historically for states)
2) 11th amendment –state soverignity. State cannot be sued in Federal court by 1) its own citizens 2) citizens of another state, or 3) citizens of foreign country without the state’s consent!
a. State cannot be sued in federal court by a citizen of another state or nation
i. Hans vs. louisiana – states cannot be sued in federal court by THEIR OWN citizens either (soverign immunity)
b. Congress has legislative power under article 5 of 14th amendment: congress can enforce by approprite legislation the provisions of the 14th amendment
c. United states government can always sue a state
d. Type of legislation?
i. Biggest limitation: congress cannot decide what it means to enforce the 14th amendment! The court decides what is the 14th amendment (what is equal protection, what is due process)
ii. With regard to legislation- all legislation must be proportional and congruent to whatever congress is trying to enforce
1. Scrutny tests:
a. Suspect classes of people under equal protection – categories of people
b. strict scrutny = race, national origin, alien. Congress has BROAD power to protect race, nat. origin etc. this is because all aspects of racial descrimination are prohibited! Any kind of legislation congress passes with regard to race will be proprotional.
c. Given physical nature of certain jobs etc … test for scrutny for gender and disabled will be intermediate scrutny
d. Last class – discrimination may have a rational basis. Age. Minors. This is a minimum test. Every law must pass rational basis or it is illegal. Rational basis can never be supported by something that is punitive or discriminatory (sodemy law)
iii. Congress must identify that there is some kind of evil
1. Florida Board of Regents – congress identifies age discrimination, court says this is not big enough also, age is not limited to a discrete and limited minority- everybody gets old! Also they vote and have many alies in the community (relatives) therefore they are not put into a suspect class
2. Age does not get strict scrutny and therefore general legislation by congress is not proportional and congruent
3. Necessary remedy
Post Civil-War Amendments
13th amendment – Provides that slavery shall not exist in the US; can reach into private action.
Private Conduct: Applies to private conduct because no limiting lanugage (“state shall not”) but only to prohibit people from being or owning slaves
Boerne overules Katzenbach new narrow test asks IS THIS INDEED A VIOLATION OF THE 14TH AMENDMENT?
14th amendment says no state can pass legislation which violate due process laws
14th amendment trumps the 11th amendment: Even though a state cannot be sued by a citizen of its state or another state (bc of 11th amendment)… if the citizen is suing pursuant to legislation under the 14th amendment… then they CAN sue! [don’t understand this]
Executive Power
Unless something is inherent to the exective office, the president needs an act of congress before s/he can act
Jackson Concurrance in Youngstown:
o where the president is active in accordance with an act of congress, the president’s power is at his height
o where the president acts when congress is silent this is the zone of twilight. President’s power will depend on the moment. If president is acting with out a move by congress then the president is on shaky grounds!
o where the president has no power from the constitution or where congress has disaproved the president’s power is at its lowest ebb
Nixon case:
• Court says THERE WILL BE A BALANCING TEST! In terms of the need for the evidence against the claim of privilage.
War:
Constitution says CONGRESS HAS THE POWER TO DECLARE WAR. President does not have that power. President as commander in chief has the power to use military forces as he sees fit.
Line Item Veto:
NY chalenges: either sign the whole thing or veto! Court agrees. Court says pres may not create laws by using line item veto! That is not the president’s function! By vetoing certain lines he is writing the laws himself, this cannot be done.
Habius Corpus:
Safe guarding individual freedom against arbitrary state action
• President maintains he is above reproach because courts have no role. Congress has approved “war on terror” ! president is acting presuant to acts of congress (power at its highest ebb!)
• Courts do not accept this. Courts say we have the authority to see whether you are acting in accordance with the power you have.
• Even during wartime or times of emergency. The courts are not frozen out! Courts still have a role to check the president! Basic aspects of due process apply – particulary to us citizens!
Supremacy Clause of Constitution
constitution, laws and treaties of the united states will be the supreme law of the land.
Preemption
Limitation on states ability to legislate and regulate. When a federal and state law conflict, federal law trumps state because of the SUPREMACY CLAUSE (unless the fed law is invalid bc not within the scope of fed power or unconstitutional- only a valid law will trump state law). First question is always “is this law valid” state laws are presumed to be valid.
Express and Implied
Two major situations where preemption occurs.
where a federal law expressly prerempts state or local law. (express) The other is where preemption is implied by a clear congressional intent to preempt state or local law. (Implied)
Implied is divided into:
• Conflict
• Field
Express: Federal law EXPRESSLY preempts state or local law “this federal law preempts state law” can even preempt traditional state powers as long as the law is clear. Usually includes a DIRECT STATEMENT
Implied: clear congressional INTENT with both fed and state regulations is a physical impossibility; look at INTENT. Implied Preemption will also be found if state law impedes the achievement of a federal objective.
Florida Lime: (avocados) CONGRESS MAY ESTABLISH A FLOOR, you can’t go below. But It’s not a ceiling! States can make more stringint laws! (hamburger temp example)
Field Premption- Says states must STAY OUT! reasonable inference that Congress left no room for the States to supplement it. Congress intended to TAKE OVER THE ENTIRE FIELD — NO ROOM FOR STATES!
Conflict Premption –conflict between federal and state law. state regulations is a physical impossibility. Physically impossible to comply with both state and fed law. Fed wins!
1) First question: has congress acted?
2) Second question: does congressional action prempt the states?
3) What about where congress has NOT acted? Are the states then free to legislate?
Dormant Commerce Clause
Where congress has remained silent – states may regulate interstate commerce. Two limitations: nondiscrimination and undue burden
Non Discrimation – states may not favor their own state at the expense of another state. Test: If the states do something that descriminates against outsiders, then the court will overrule. (Unless there is a compelling argument that the state is protecting something that is specific to that particular state… and there is no other way to protect… this is rare)
NJ Garbage: In 1970’s NJ is getting buried under garbage! NJ says you can’t bring your garbage into our state! This is NJ protecting the interests of its citizens over citizens of other states! Court says NJ could have just shut down all land fills within the state… if you can come up with some other way then it’s not ok… NJ is discriminating therefore use: STRICT SCRUTINY TEST!
WA Apples: The court found discrimination based on the disparate impact of a law against out of staters. A North Carolina law required that all closed containers of apples sold or shipped into the state bear no grade other than the applicable U.S. grade or standard. This is discriminatory!
Undue Burden – States may not place an undue burden on interstate conmmerce.
What is the state’s interest vs. burden on the commerce? DO THE TEST! Balancing test!
Does otherwise legitimate legislation have an undue burden on interstate commerce? If so violates the DCC! Balancing the burden on out of staters versus a local need.
you are never going to have something that violates the dormant commerce clause UNLESS it really affects commerce in some way…. For example Arnold wants to send his thought beems out across the country… this WILL NEVER VIOLATE the dormant commerce clause because it does not affect commerce!
“Sharp categorical areas” (like cooley ship pilots) because of local nature and traditional dominance by local authorites… this is OK to reserve this area for local people!
State of MN vs. Clover leaf – milk must be in Glass or Cardboard containers
Suit alleges this is protective legislation to advance MN wood pulp industry… at the expense of the plastics industry of other places… court says this is NON DISCRIMINATORY! Court accepts that the pupose of this law is ENVIRONMENTALISM! This is a non-discriminatory law!
IT IS A NON- DISCRIMATORY LAW THEREFORE YOU DO TO THE BALANCING TEST…
EXAM!!! IF YOU SEE IT’S DISCRIMATORY THEN YOU GO TO THE STRICT SCRUTNY TEST!!! IF YOU ARE IN A NON-DISCRIMATORY SITUATION THEN YOU JUST GO TO THE 50/50 BALANCE: DOES LOCAL INTEREST OUTWEIGH BURDEN PLACED ON INTERSTATE COMMERCE!
Only case we have that passes strict scrutny is MAINE CASE!!!
Maine v. Taylor – The court upheld a Maine law that prohibited the importing of live baitfish into the state. The court found that the discriminatory law protected Maine’s unique and fragile fisheries from significant threats from parasites that were prevalent in out of state baitfish.
The court upheld the law because it concluded that there was no less discriminatory way to prevent these threats. Burden is very high and they met it. There is no other case like this.
Examples of discriminatory laws:
o Preventing out-of-state milk from being sold at a lower price than in-state milk
o longer tolling period for the statute of limitations for suits against out-of-staters
o Tax break for charities that served mostly in-state residents
o Preventing importation of any wastes from out-of-state
o Allowing out-of-staters to have access to markets or resources only if they are from states that grant similar benefits to their citizens
o Precluding milk from being sold unless it was pasteurized w/in five miles of the city – discrimates even though it also affected other people IN STATE not just out-of-state.
Exceptions to the Dormant Commerce Clause
One exception is if Congress approves the state law. Because Congress has plenary power to regulate commerce among the states. If Congress has acted the commerce power is no longer dormant. The issue would be whether the federal law is a constitutional exercise of the commerce power, if so the law must be followed even if it means upholding laws that otherwise would violate the Consitution.
The biggest area where congress has conceded nearly all control to the states is INSURANCE INDUSTRY
Market Participant
When a state is acting as a market participant it may choose to favor its own citizens
Reeves v. Stake – The court upheld a cement company owned by South Dakota charging less to in state purchasers and more to out of state purchasers.
White v. Massachusetts Counsel of Construction Employers – The Big Dig. The court said that the city could favor its residents over out of staters in employment for government funded construction projects because it was a market participant. State is buying labor. State is spending their money and they can spend their money on their own residents.
Privilages and Immunity Doctrine in Article IV
• states cannot discriminate against outsiders who come into the state
• economic rights, the right to earn a living, persue a profession
• does not apply to “aliens” or corporations!
A state cannot violate a fundamenal right of a citizen of another state!
Analysis Under the Privileges and Immunities Clause
First – has the state discriminated against out of staters with regard to privileges and immunities that it accords it own citizens?
Second – if there is such discrimination is there a sufficient justification for the discrimination?
What are privilages and immunities of citizenship? Relate to activities which are sufficiently basic to the livelihood of the nation
o Right to police/fire/medical care/pursue a trade/engage in political speech. Religious worship
o Toomer case – shrimp ok by instaters – not outstaters. Unconstituional IMPORTANT ECONOMIC ACTIVITY
o Hunting for out of staters costs more – CONSTITUTIONAL. Recretional activites do not fall under PIC!
o Bar regulation – prohibit out of staters from taking the bar instate- UNCONSTITUTIONAL opportunity to practice law is economic activity, fundamental right
Three standards of Review
When a court reviews the constitutionality of government action it will choose among three standards:
Strict Scrutny, Intermediate Scruteny, Rational Basis
Strict Scrutny
• Applies to Fundamental Rights – right to vote / travel / privacy (CAMPER) contraception, abortion, marriage, Procreation, Education (private), Relations (family)
• Applies to Suspect Classes: RAN – Race, Alienage, National Origin. A class is suspect if determined by characteristics which are UNALTERABLE, and a history of purposefully unequal treatment
Hardest to satisfy, two requirements
• Compelling objective: objective pursued by the government must be compelling (not just “legitimate”
• Necessary means: means chosen by the government must be nessary to achieve the compelling objective
State bears the burden of pursuading the court that its action is NECESSARY (no less restrictive alternative means available) and COMPELLING and therefore constitutional.
High Threshold ! Where the strict scrutny test is applied the government will almost always be struck down
Intermediate Scrutny
1. Gender 2. illegitimacy 3. Illegal alien children 4. Content neutral regulation of speech 5. Regulation of cable TV
• “Important” objective – objective must be “important”
• “Substantially related” – means chosen by government must be “substantially related” ot the important government objective
• test for scrutny for gender and disabled will be intermediate scrutny
Burden is on the state to show that the law is SUBSTANTIALLY RELATED TO AN IMPORTANT INTEREST!
NEED an exceedingly persuasive justification
Rational Basis
Poverty, wealth, age, mental retardation, necessities of life (food /shelter/ clothes) , social and economic welfare measures
Here the burden is on the plaintiff to show that the law is NOT RATIONALLY RELATED to any legitimate interest!
Where the rational basis test is applied the government will almost always be upheld
Easiest to satisfy. The court will uphold the government action as long as two requirements are met:
• Legitimate state objective: gov must be pursuing a “legitimate state objective” . very broad! Any type of health, safety, or general welfare
• Rational relation: must be a “rational relation” between the means chosen by government and the state objective. Only if gov acts “arbitrary and irrational” will the rational link between means and end NOT be found.
Substantive Due Process
Economic Regulation / Fundamental Rights
Economic Regulation
Rational Basis Scrutny! To be upheld, an economic regulation need only be REASONABLY RELATED TO A LIGITIMATE OBJECTIVE.
Most regulations pass Rational basis!
Fundamental Rights
Strict Scrutny! Government regulation must be NECESSARY TO A COMPELLING INTEREST
Three areas: privacy / travel / vote
Privacy – not in constitution! CAMPER. FUNDAMENTAL RIGHT SO STRICT SCRUTNY APPLIES, EXCEPT FOR ABORTION – USE THE UNDUE BURDEN TEST!
C – Contraception – right to use and purchace contraceptives. For both married and unmarried! Fundamental!
A – Abortion – right of woman to have an abortion with out interference by the state BEFORE VIABILITY. Funding: deny any right to abortion funding for indigents. No PUBLIC FUNDING. Consent: spousal consent is NOT REQUIRED. Parental consent of one parent may be required, but state must afford JUDICIAL BYPASS.
• Two interests: Protecting the woman’s health v. protecting the fetus
o Roe V. Wade- Gov action to abort a fetus is broken down by trimesters.
1st tri – gov MAY NOT PROHIBIT ABORTION
2nd tri – still not viable fetus – gov may not prohibit abortion but may regulate – only where necessary – to protect the mothers health.
3rd – fetus viable – gov may prohibit abortion unless abortion necessary to protect the health / life of the mother.
o CASEY – before viability, states may NOT prohibit abortion, but may adopt regulations to protect the mothers health and life of fetus as long as the regulation as long as there is no UNDUE BURDEN on woman’s right to obtain an abortion! AFTER viability a state may prohibit abortion, unless to protect mother’s life or health.
o No undue burden:
Requireing informed consent of the woman seeking the abortion
Detailed record keeping by the abortion facility
Consent of one parent, before an unamancapted woman (under 18 living at home) can obtain an abortion
M- Marriage – Right to marry and any limititations or restrictions on that right are fundamental. Loving v. Virginia.
P- Procreation – Right to be free from excessive gov intrustion, into decisions relating to procreation.
E- Education (private) – Not PUBLIC EDUCATION. Parents DO have a right to privately educate their children
R- Relations (family) – Right to keep nuclear family together. Moore vs. City of East Cleveland (single families defined grandmother from living with grandsons.) violates substantive due process! Anti group ordinances will be scrutinzed very closely! Right to privacy has not been applied to unmarried people living together. PARENTAL RIGHTS CANNOT BE TERMINATED WITHOUT A SHOWING OF UNFITNESS!
TO SHOW UNFITNESS YOU MUST PROVE THERE IS PHYSICAL OR PHYCOLOGICAL MISTREATMENT! Food / shelter / clothing / Medical care – NOT FUNDAMENTAL
• Sodemy – Bowers – overrulled. New law is Lawrence v. Texas : liberty protected by the constitution allows right to engage in private conduct without government intervention. No Legit State interest!
Travel
Strict Scrutny!
F
i’m sorry
My god. You’ve made a mockery of my website.
sorry
I think the scientist is making goo-goo eyes at judd right now. Or he is playing an asian in 3-6, 4-8, or 8-16 limit hold ‘em.
http://www.newyorker.com/humor/2008/11/24/081124sh_shouts_handey
yo juddless, you lucked out this year…. i’ll leave you to your family unit to celebrate and consume. rach-o needs to make fat free gravy. my t-day might suk.
and how the fuck do you conclude the ability to transmit “thought beams” can’t affect commerce??!?! the powers that control the media bought that law. what fucking bullshit. how CAN’T thought beams affect commerce?! the only time i involve myself in commerce in any fashion is after i digest a thought. if BEAMS of thought are being transmitted ACROSS THE ENTIRE GOD DAMN COUNTRY then commerce is being uniformly affected and possibly stagnated. is stagnation a cause for commerce or an affect of thought beams?!
how about this thought beam: AMERICAN MADE CARS SUCK BECAUSE AMERICAN ENGINEERS ARE GENERALLY COMPLETE RETARDS!
THE ONLY THING WORSE THAN AN AMERICAN ENGINEER IS AN AMERICAN LAWYER.
BEAMS AWAY!!#%*(^(!*#%&()*!&#BBQ
HOARD YOUR MONEY! DON’T BUY ANYTHING! HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.HATE.
cal, did you know that the most “green” think you can do for the environment and our planet is to kill a human?
weird.
i like how you stopped your notes at sodemy… like you immediately called up greg for a night of constitutionally protected through exception private matters.
ok cal, explain to me in full the process of legal examination in the following case:
a man carjacks a 70 year old woman. he tells her to drive to the bank and presses her leg down on the accelerator. upon arriving, they rear end another car which is deflected into 2 more cars. inside the bank the robber tells everyone to freeze and get down on the floor, and if anyone tries to stop him, he has a bomb and will kill everyone. a security guard makes his move and draws his gun. someone see’s this a reaches over the guards gun arm and pushes down on it just as the security guard fires. the shot kills 2 children.
explain all forms of liability.
assume the person that pushed the guards arm argued that they feared for their life, as the robber stated any action against him would be answered with death to everyone.
now imagine if after the trial it is found that the robber shared half the take from the robbery with person that hit the guards arm. does anything change?
now it’s found that they conspired BEFORE the robbery to later split the take. anything change now?
poker after dark is good this week… 3 poker couples playing a $20k winner takes all sng, and if they bust their partner they get $1,000 from everyone.
marco traniello / jen harmon
david benyamin / fuck cushion
phil laak / jen tilly
FPOKEPKERPOKERPOEKRPEKRJWERPKEROKER
CAL. you TIME is UP!#(%*&!^ PENCILS DOWN!
it is called THE BAR because YOU’RE UNDER IT.
EPICAL FAILURE!#%(*^!#
cal, i need your help. pokerstars defined racism anytime race is used in a situation where it is irrelevant.
ISN’T THAT THE MOST RACIST THING ANYONE COULD EVER SAY? DO I HAVE A MILLION DOLLAR CASE? YOU ARE MY MAN. LETS BREAK THESE CLOWNS!#%(&^!C CLALCLALACLALCALCLALCLCLACLCLACLACLACLACLACLACLACLAClAClCALAC
cal is everything in the world that isn’t cal. that should be the 10th amendment. SO HARD TO AMEND(!*#^%(!*#%^
Thanks for nothing cal:
“Hello Michael,
Thank you for writing back.
Because you have had prior chat warnings and suspensions we feel you are
aware of our Card Room Rules. Based on this information your 1 month chat
suspension stands. Our decision in this matter is final.”
I always thought it was against the law to make a decision final, but what do I (or my lawyer) know?
they threatened to suspend my playing privileges and said they would be most happy if i cashed out and played somewhere else.
i love ruining their days.
Do you think that “u got raspberry jam on ur muppet kunt” got shared with the other chat moderators?
ok Prof O’neil… you have to grade this… see how long this takes me… starting… now
a man carjacks a 70 year old woman. he tells her to drive to the bank and presses her leg down on the accelerator. upon arriving, they rear end another car which is deflected into 2 more cars. inside the bank the robber tells everyone to freeze and get down on the floor, and if anyone tries to stop him, he has a bomb and will kill everyone. a security guard makes his move and draws his gun. someone see’s this and reaches over the guards gun arm and pushes down on it just as the security guard fires. the shot kills 2 children.
explain all forms of liability.
State v. Old Woman: Accomplice Liability
The State will contend that the Old Woman should be found to be an Accomplice to the crime of Robbery. An accomplice is one who aids, abets, or encourages another in the commission of a crime. An accomplice must have the intent that the crime occur. Here, the state will argue that the old woman drove the principal to the bank, aiding the principal in the commission of the crime. The facts don’t tell us whether the woman had the intention that the crime be committed, however, since the robber forced the woman to drive at gun point even pressed her leg down on the accelerator to go faster, we will assume she did not have the requisite intent to commit the crime.
State v. Old Woman: Durress
The issue here is whether the Old Woman may use the defense of Duress. Duress is an excuse defense for any crime. Under common law, for duress to be found, the actor must be threatened with imminent death or great bodily harm. The actor must believe they have no other choice, under the MPC the threat does not necessarily have to be deadly or imminent (more broad than Common Law). Here, the Old Lady was forced at gun point to drive the robber to the bank. She was under imminent threat of harm, thus Duress will be found, and the Old Lady will not be held liable even if it is found she has met the elements of accomplice liability (intent and aiding a criminal act)
State v. Robber: Felony Murder Rule
The state will argue that the Robber should be held liable for the Felony Murder Rule (FMR) for the deaths of the children. The FMR will be found when a death occurs during the commission of a felony. At common law, and in the majority of states today the FMR is limited to Burglary, Rape, Arson, Robbery, and Kidnapping. However, other states include crimes outside of these felonies if the felony is inherently dangerous. The majority of states employ the “case by case” theory, which looks to the facts of the felony to determine whether the crime could have happened without death occuring. Other jurisdictions (such as CA) employ the “abstract” test which looks to the crime itself to see if the crime has a tendency to cause death. If it does, the FMR will be in effect.
Other elements of the FMR look to the causation of the death during a felony. At common law a person who was charged with one the predicate felonies for FMR (Burglary, Arson, Rape, Robbery, Kidnapping) was liable for murder for any death which occured during the felony.
Today, under the “Redline Rule” (minority) there is no FMR for any killing if the killing is justified (self defense) (defense of others).
The majority of states employ the “agency rule” which says that the Felony Murder Rule is extended only to acts of agents, for example, if you rob a bank and the police kill one of your accomplices, you will not be held liable for the death. However, if one of your agents kill a police officer, you will be held liable for murder.
Here, in a Jurisdiction which employs the Common Law, the Robber will found liable for murder. In a jurisdiction operating under the Redline rule the issue will be whether the killing was justified, if the officer was found to be justified (which is likely under “defense of law” which states that a police officer is justified in employing deadly force to prevent the commission of a dangerous felony) then there will be no FMR in effect. Finally in a jurisdiction employing the agency rule, the robber will not be held liable for murder because it was the police officer who shot and killed the children.
good question scientist! really good review of felony murder! exactly one half hour… not bad… i needed to look up the damn redline rule though… lousy redline rule. i have crim final dec 4.
dammit, should have said Here, in a Jurisdiction which employs the Common Law, the Robber will found liable for murderBECAUSE AT COMMON LAW A FELON WAS LIABLE FOR ALL DEATHS OCCURRING DURING THE COMMISSION OF THE FELONY AND HERE TWO CHILDREN DIED DURING A ROBBERY.
i get “conclusory” written all over my effing exams because of that shit. then i get big fat cs becuase i am too conslucory! i am too conclusory!
note use of IRAC
ISSUE – the issue here is whether
RULE – the rule is…
ANALYSIS – here bladdy blu…
CONCLUSION – thus… yo mama.
they drum that into you good
ok thanks for listening diary, i mean whazzmaster, i gotta hit the multiple choice quesions, bye,
cal
holy crap! i got an update on one of my loaners… not that bastard with the goats though…
I recently had the opportunity to visit Phok Phany to see how her
business and family were doing. The area we visited that day was near
the city of S’Ang, which is southeast of Phnom Penh, the capital of
Cambodia. It usually takes about 45 minutes to travel by car to
CREDIT-MFI’s S’Ang branch from Phnom Penh when there is no traffic.
That day it took about 45 minutes, and then another 45 minutes to reach
the borrower in the village. I am delighted to bring you the following
journal from the field of Cambodia. rn
Phok Phany lives with her husband and 3 of her 5 children in a village
near S’Ang. Her family has lived here for many generations including
during the time of the Khmer Rouge. Two of her children work at a
garment factory in Phnom Penh, one goes to school and the two youngest
which are twins are too young for school. Phok Phany took out a loan of
$1,000 to expand her crop inventory. rnrn
Phok Phany and her husband are farmers raising rice. They also raise
pigs. To supplement the family’s income, the husband is a mototaxi at
night from about 5pm to 4am in Phnom Penh where he can earn about $6 a
night. With the loan, they bought five piglets and had to make some
repairs to their house. They felt raising pigs might bring in more money
than expanding their crops. They can usually sell a pig for about $120
after about 5 months. The cost of raising a pig is about $50. This gives
them a profit margin of $70.rn
Phok Phany would like to take out another loan once she is finished
paying off the current one. She is not sure what she would use it for.
The most important thing to her is her children, and she would like them
to go to school. rn
Phok Phany would like to thank you so much for helping support her and
her family through your loan. She wishes the Kiva lenders happiness and
success. CREDIT-MFI appreciates your financial and social investment.
CREDIT looks forward to partnering with you again in the future enabling
them to continually provide quality financial services to Cambodia’s
small business entrepreneurs. rn
The day we visited, Phok Phany and her husband took us out to their rice
fields since it was rice harvesting time. The rice stocks were almost as
tall as me. The photo attached though is of Mrs. Phok Phany, her
husband, and their twins. They are looking at a print out of all the
people who had lent to them on Kiva. I took a few pictures, and it was
difficult to choose one.
ANOTHER LOAN???? send me a piglet, i will send you a loan.
Cut this muppet off or call it “giving” instead of perverting the concept of a loan. Also, doesn’t it cost way more than a piglet to send some a-hole to check in?
it is a loan! i get every penny back! pay me back you pig farmer! PAY ME BACK!
what is the robber is found not have any deadly weapons on him (fake gun, no bomb)? anything change?
what if there is a rape going on in the bathroom during the robbery, and right before the officer shot the 2 kids, they ran out and she was yelling “RAPE RAPE”, then who is liable in both common law and agent zero code.
then it’s all pinned on you.
fucking try me. i keep my shit loaded.
i like the old days of tv too… from todays night court:
christine: i AM pretty gullible….
dan: i know muslim women that are more street wise.
MUSLIM(@#*%^!(
Shouldn’t cal be done with law school by now?
Cal, now that you’ve spent the last 6 years of your life studying law, what do you think? Is is an efficient way to solve problems or should be go back to punching people in the face?
Jesus died when he was 33. Go head and marinate on that for a bit, cal.
Last Q for C:
After your schlitzophrenic breakdown last night, I can’t tell if you are still in for Amish 2K. What’s up?
amish 2k\\\\ should keep the TGIF lineup of full house, family matters, perfect strangers, and just the 10 of us.
It is under consideration.
no “flat” screen tvs. whoever heard of a “flat” tv? no HDtv either. blurry big ass round tv only! so speakith Amish2k! 2Ligit!2Ligit to quit! a quality pre 2000 rap song. only rocky 1-5 allowed in A2K. Rocky Balboa? it doesn’t even have a roman numeral after it! DON’T BOTHER! let A2K be your guide.
You got questions to answer, buster.
So what is the MOST ADVANCED video game system that Amish 2K allows? N64? Playstation1? Dreamcast? Colecovision?! I assume we don’t get access to modern medicines? Like, if you have dengue fever and some shit invented a dengue fever potion in 2003, you still have to die?
A2K is highly marketable to me because it’s a great O8 hand.
the gaming system is super nintendo… already established
madd cientist knows his Old Testament Amish 2K. Also allowed: Golden Tee 99. Disallowed: Gears of War (1 and 2). We want a balance of fun and time commitment. Think a Double Dragon machine with two working joy sticks and a roll of quarters.
Our Best Practice guidelines on cancer can be applied to the dengue fever. Followers of Amish 2K do not need or want On-Star to use satellites to deliver us dengue fever potions.
Also covered in the Old Testament: the Hilldale Great Dane, Eye of the Tiger, sitars George Forman grills, ipods, raspberry jam, muppet kunts, peach brandy and asparagus.
A2killa – represent the 1st through 20th century!!! old 90210 YES new 90210 NO!
dude, no way. spammers ate my post.
Happy thanksgiving you weird motherfuckers. I love my web site.
See? Love.
o’neil would have shot it down anyway i guess. anyway long story short: system good. (dig in your spam trash and find my post!)
WHAZZMASTER.COM: SPAM TRASH
HAPPY THANKSGIVING! I HAVE TO STUDY NOW!
I got the post back…. will edit the links so it will accept post… hold on jerk.
cleaned up links
still eating
it knows i am full of shit
i need to meditate on your question for awhile hombre. o’neil can answer better for sure. one interesting thing is that we are moving away from trials and have been for a long time. i’m not talking about criminal trials, we have lots of those… but in the civil courts there is a trend to SETTLE before you get to trial. they say that if you sue or are sued and it goes to trial, somebody screwed up because there is no reason it should get that far, either you or your pal who is suing you should have given in and come up with a compromise. justice Brennan (every law professor’s hero) believed in the “cleansing” power of litigation, that courts should play major role in deciding when people have disputes – but he is dead now and the trend is definitely in the other direction, people today think trials are a waste of money and time. but i don’t know, i like brennan. i think the courts are an important voice for people who can’t represent themselves, either the because they are marginalized or just because they are the minority. like this prop 8… why am i voting on whether or not to take away someone’s rights? because 200 people signed some petition? and now that it passed by majority we are going to AMEND the state’s constitution? the other day i heard someone on the radio call the supreme court 9 unelected bureaucrats. it was something like “why should 9 unelected bureaucrats decide what i can do blablablablalblba” civil rights brought to you by 9 unelected bureaucrats! contraceptives! No mandatory bible study! Interracial marriage! All made possible by 9 unelected bureaucrats! I don’t know, its much more complicated then that, but in our system of balanced power, its important, homie.
back to your question though i don’t know, maybe other systems work better, but i’m pretty impressed, seems to me better than punches in the street.
By the way in A2K you don’t get Obama, but you don’t get Bush 2 either!
post with no links = works
go to wikipedia and look up loving v. virginia, ummm brown v. board of education… um…. this one http://en.wikipedia.org/wiki/Abington_School_District_v._Schempp
go to wikipedia and look up loving v. virginia, ummm brown v. board of education… um…. abington school district… and stuff.
goodnight!
the real question is: would anything be different if the system NEVER existed. politicians and lawyers and priests are all bloodsuckers. get a real job.
like a dancer or a hot dog on a stick vendor
vatican agrees with cal… except for the whole dude on dude thing.
maybe they haven’t seen the ALL NEW blackberry storm, yet? it’s like poop, but it falls on everyone. everyone gets their own black poop berry. STORM#*(%^@(#*%
i think the trend away from trials is 100% due to lazy ass old boys club judges and the attorneys that kiss up to them by avoiding making them work.
played the 65 omaha h/l tourney at muckleshoot today. fucking 4th for no money.
only top 2 pay. WTF.
4 handed raped 3 times with the nuts and would have been massive chipleader each time.
then raise with AA2 and after i raise, dealer gives small blind another card and calls misdeal.
)(*@#%^&)@(*#%^&) FUCKING RIGGED BS INDIAN SHIT. BURN THEIR FUCKING TEEPEES FUCKING INJUN BULLSHITE_)*@#&^*()@#&^)* I WILL END YOU!#)(*^&!
still fucking steaming. fucking QJ5 rainbow flop. I have AKT3… nuclear broadway wrap. i’m about tied for 1st and heads up with the other guy. i check raise to 6k when we both only have about 15-20. he CALLS. i bet the turn when the 9 comes and i have the nuts, so he has like 12-15k left and calls 6k. i bet the river blind and he calls and turns over 37d for a runner runner flush)@#(*%^@(*#%^& i would have been about a 6x+ chipleader on 2nd with 4 people left.
fucking 900 for 1st and 400 for 2nd. i guarantee the remaining 3 made a deal the second i was busted out. last hand i’m all in with A2KJ and the same fucking guy with all the chips now calls with TT85… flop is 254, and it comes runner runner 9 and the TT holds up.
SO FUCKING PISSED. half hour drive out there, and i’ve been excited to go play it all week. 1st run out i’m guaranteed to win unless a diamond comes on the river, and the dealer voids my AA3, and my A2KJ doesn’t hold up, and the fucking rock band guy doesn’t catch a flush vs my straight when i had him all in for 1/3 of my chips with 5 left. EVERYTHING WENT WROG@(#*%^&@(#*%^&
NUCLDALER BROKEDOSYDAYWYA*(!#^%(!*#^%
don’t worry dude, you still have the love of your dog. man’s best friend.
wait a sec, does that fluff ball make it past A2K? lose the dog, homie.
quindo can’t even talk. completely fucking lame. and he barks at everyone he hasn’t met before. fucking take him.
does A2K have a cool beard style like the normal As do? can we make it the thin face outline beard?
twitter is fucking retarded. and where is arlo’s blog link??#%*&@#(%*^@#(*%^(#@%Y(*@#&BBS|Q
funniest thing was the day you complained about the thin face outline beard, i was at diamond lil’s and 3 dudes at the table were all rocking it CRAZY THIN. all races represented too (except chinese, they suck at facial hair, except for samurai master mustaches and even those suck). all i could think was:
1) how the fuck long does it take you to maintain that?!
2) how could you possibly think it was worth it?
3) is everyone doing this now? jesus christ, 3 different dudes. i go from never seeing it, to 3 mother fuckers… are the WWE wrestlers pimping these? is some new rapper out like “thin face” who raps about his bitches and belongings?
4) DUMB. i… RAISE!
just won a $10 rebuy ploiter for 15 bennie folds. weeeeeeEEEEEEEEEEEEEEEEEEE
dumbest thin face outline beard:
where the lines coming from the base of the burns goes to the stache. why the fuck would it go to the stache? like you have a shark mouth or something? is this obama’s change? i don’t want a thin outline face beard. it’s enough to get me out of A2K. i WONT*(#%&@#()*^&
wow i have never seen the sideburns to the mustache style. the FULL OUTLINE. that is too good. SHARK MOUTH. i’m so sad nobody thought of that in 1999.
This is exactly why we need A2K: It is one thing to lovingly cultivate a beard; it’s another thing to get weird about it. These MF’s could be reading a book instead of spending all day on their stupid beards.
Tecmo Super Bowl = a beard
Gears of War 2 = a skinny shark mouth outline
they don’t go from the burns to the stache, more like the corner of the jaw, and then follow the jaw line for an inch, and then aimlessly wander up to the stache instead of the chin, but then still drop down from around the sides of the mouth around the chin. but there isn’t a line from the jaw corner to the chin, so it isn’t FULL outline. SO dumb.
CAL: i will pay you $100 to thin face it for a week with photo evidence. i’d like a 2 week base before you do the chisel work. then, at the end, a 500 word report on the experience.
Dude, you are in school. You can dress and groom as you like. Take him up on this. You can use the $100 to get greg something nice for Jesus’ B-day.
Wait a sec… did you ever see cal’s little boy skin? Not a good field for growing face crops.
http://i36.tinypic.com/mkjfkh.jpg
yes i’m afraid i would have a difficult time pulling this off. i wish i could do a SHARK MOUTH.
first final THURSDAY, then SATURDAY and the following WEDNESDAY. help me whazzmaster!
how about the official A2K beard is the INVERSE SHARK MOUTH. that’s where you grow a full beard, then shave out the SUPA THIN outline with the jaw corner going to the stache and down around the mouth.
i’m not sure how the corners of the mouth would work… would their still be hair above the line, or would the line go right to where the hair stops and then run along the top of the lip?
INVERSE SHARK MOUT@$H^(*@#^)@*
do one where you fill your mouth with beard.
Abraham Lincoln Shaped Chicken McNugget
religion can’t fix this. BOMBS. our only hope is bombs. fart bombs.
making another market prediction: RIMM @ 37.10. BUY.
uh oh… already down to 36.91. i guarantee you’ll be able to flip it for 45 by march.
my last genius idea was e*trade at .91 and it shot to 1.35 in a day. once a stock is under $1, the HNIC at the exchange starts fronting, like, “why you so cheap? get yo cheap ass outtachurrr”. so they have to artificially pump it over $1, and e*trade being the HNIC little retail bitch knows this better than anyone. if it gets down in the low 90s again BUYUBUBYBUYBUBYUBYUB.
i predict strong blackberry storm sales in february, cause that’s when i’m buying one and fools be mad copyin. i moves markets. i makes dolluhs. cal pays people to test him.
FILTER NOT A PRESS FILTER NOT A PRESS FILTER NOT A PRESS BUY RIMM AND GET RICH(*#%&!(#*%^&)!(
36.50. i MIGHT be dumb.
cal, want to go into the brand clothing business with me? i have this great idea for a brand:
7%
we put that fucker on t-shirts and hoodies and baseball style head caps and forehead tattoos and BLING BLING BLING, fuckin on twankies.
i need every dollar you have to prime the business.
already popped to 37.50. very good shot we’re looking at 40 tomorrow. smart money moves. dumb money might move but it also might not move or do a 3rd thing.
RiMRIMRIRMMMMRIMRMRIRRIRirirIMRIRMIRMrimrMMMMM
close 37.32 and ready to blow. already up 1%. i’m sending all my kids to college on this. LAW college.
gives us a whazzgiving 2008 recap post already! worst. chatroom.ever.
RIMM popping to 38.02, even though the market is down.
i’m a genious.
What about this one:
http://finance.google.com/finance?client=ob&q=NASDAQ:GRMN
YOU NEVER TOLD ME TO SELL
always sell when you make over 5%. then wait a year for another idea. you still beat the banks that way.
i’ll put another buy on FCX at 17.25. MARK IT.
remember to sell when you’re ahead.
All my money is in WFY right now. There was a spike back when we lived in cali, but a sharp drop when we moved back to Wisco. I’m expecting big things around August. Should I still sell if it goes over 5%?
You coming home for Xmas?
My office is next to a math tutor’s office. She’s always in there talking to students about “double bubble.”
What was the whazzgiving TBA dessert? Anyone get superkicked into a pool? Who was drunkest?
How did I forget: sweet chin music– not a superkick.
Watch this: http://www.youtube.com/watch?v=_3eU-sbljcs
Pretend that I’m HBK and cal is all the dudes who get kicked. And pretend that the ring is a swimming pool.
The weather outside is frightful. Every single tutoring appointment that I had for today has been CXLED. Give me some whazzmaster lovin, friends.
You jerks. I’m going to the bliggty bloggity blog.
I’m here you jerk.
I also posted at the bloggity blog blog blogtopia. Oh the weather outside is frightful, but Pizza Pit’s commercial is stilll running a bojillion years later. Good luck getting back to Madison– it’ll be Death Race 10000 out on the highways and biways.
Dessert was: pumpkin pie cake. You bake a cake, and then you incredibly bake a pumpkin pie inside that cake. It was really good I ate all of it.
Maybe I’ll slumper party in my office. I have oatmeal and green tea as rations.
Anyone seen the Fruity Pebbles Christmas commercial yet? Is that thing still around?
you’re lying. i miss wacko weather of the Great Plains! except the driving human pinballing effect. weee i’m out of control! and i’m gonna crash into something! hope it’s not a person! actually, thinking about it, the likelihood of an accident in weather like that is absurd. it’s like you are very likely to crash in to something when you drive out there so good luck with that. crazy. people are either crashing into other cars or curbs or going off the road ALL THE TIME. i can assure you this would blow the mind of the california driver. that is all. crim final tomorrow
well done. i’m having green tea now. and i had oatmeal this morning. i love you. i’m serious. i am in love with you and only now have chosen to let it out. it’s been bottled up for years, ever since you drank juice in the galley of the hojo restaurant i have been in love with you. i am not kidding. the other thing is i never learned to ride a bicycle. JUDGE ME WORLD!
FJDKLAJFLDKAJFDLKAJFDKLFJA jfdkajfdkljfkdljfkjfkdjfdk
hey you know how bad a final exam in law school sucks? well let me tell you. it really sucks. it’s about 98% pure memorization and 2% actual thought. it is stupid. example: the Doctrine of Legality is the fundamental principal upon which our criminal system is based. Legality is premised on the requirement that individuals can only be criminally responsible for violating laws that exist at the time of the conduct. i don’t even know what the hell that means but last night i seared it into my brain. really awesome.
true or false, i seriously cannot ride a bicycle.
i have to sign off now and go memorize more crap.
Attempt: an act that, while done with the intention of committing the crime, does not complete the crime. attempt requires the actor have the intention of completing the target crime as well as an overt act beyond mere preparation. there are 8 tests to determine whether an actor has committed an overt act 1) last act – pulling the trigger 2) last proximate act – close to the last act 3)Dangerous Proximity Holmes test – was the actor
substantial step test – did they actor take a substantial step toward completion of the act MPC test.
“dangerous” close to committing the act? 4) Indispensable element test – was there an element that the actor was simply waiting to occur before the act would be complete? 5) Probable desistance – did the actor go beyond where an average citizen would have stopped 6)Abnormal step – reasonable person standard 7) res ipsa loquitor – slient movie test – if the jury were shown a silent movie of the act would they come to the conclusion that the actor made an overt act toward a target crime?
thanks for your help, jerks.
interesting article on the craziness of booze preparation philosophies
cal cannot ride a bike.
where did that sunglasses guy come from??? are you making small of me????!????? i’m never coming back.
Why are you even in law school?
love
so what if i cant???? are you making small of me?????
i don’t know
peace out enjoy your crazy weather!
FCX in afters hours trading at 18.09. already made your 5%.
i guarantee i could run a hedge fund that would profit 10% every year.
fucking moronic capitalists will never understand.
and jesus christ cal, no way you don’t know how to ride a bike and no way you don’t understand that someone isn’t breaking the law IF THE LAW DIDN’T EXIST WHEN THEY SUPPOSEDLY BROKE IT.
you are a LIAR
here is a bar tending philosophy i’ve been working years on… it baffles my mind. NASA fucking sends dude OUT OF THIS WORLD to do stupid fluid dynamic tests in zero-g, presumably because they ran out of shit to do on earth. I ASK THEM THIS: why the fuck does a mushroom forest grow if you mix scotch with a little water and then freeze it?
no other booze does this. no other fluid IN THE UNIVERSE. every night i pour scotch in a glass, add a splash of water and put it in the freezer. the next day i have a tasty booze mushroom coated treat waiting for me and i have no clue why. NEITHER DOES NASA*&!^#%(&*!^#%(*
it’s chilly here… 51 F, but not raining, and cal’s foresight of a world of rain that “doesn’t stop, homie” has not proven even close to true.
FAIL.
i think i called the all time low on FCX. going to pop tomorrow.
RIMM over 39. pushing 10% in 2 days. i picks my shots, and i pops my cocks. LAW school.
SO rich.
you are dead. i will make it rain. on you. forever. check out these reading babies:
http://www.yourbabycanread.com/
anybody got a baby to test it on?
FCX 28 is coming within 2 months. still trading slightly over 18. LET IT RIDE.
you know what else babies can do? ride bikes.
peace out, i have a job againPFFFFFFFFFFT
After the holidays I will set aside some money and invest it wherever madd tells me too. I’m bored.
you ever do jasmine green tea? i’ve been drinking nothing but that for 6 months, then i gave some to rach-o and she didn’t like it and said it was like drinking perfume, and now when i drink it, i’m like… this stuff smells like perfume, and drinking perfume is nasty, so rach-o was right, this is sorta nasty. then i’m like, NO IT ISN’T.
SCREWING WITH MEYSD HEEAD@()#$%^&)!(@#^
ITS NOT PERFUSMEST*(#@^7
Ladies and gentlemen of the jury, we ALL lived through the 70s. The clothes, the music, the heartwarming but rarely amusing Ziggy cartoons. Now… later, who are we to look at these two, fine young men, and say, “You there: I sit in judgement of you.”
Use those as your closing arguments in your final, cal. The defense rests, your honor; I don’t even know why I went to law school.
1) if i was madd’s lawyer i would dress him in a sweater like lyle and eric menendez
http://en.wikipedia.org/wiki/Lyle_and_Erik_Menendez
your honor, this poor scientist before you could not have been the man who ate a little white fluffy dog with jasmine tea. he is a man of science, a man of sweaters. the defense rests.
2) I wonder about the “double bubble”. what is the “double bubble?”
3) winter!
Have you ever taken law inspiration from Harvey Birdman? Know any good lawyers? Ever cut a deal with the prosecution in a smoky bar? Watch Law & Order?
yes! i have seen law and order. i like when they guy from law and order goes crazy and will smith is forced to round up his alien buddies to clean things up. gettin jiggy wid it!
(good) salsa
(best) salsa: safeway brand southwest style in the gallon jug, or fresh tomatos and onions in the bullet personal blender system, but not to eat, to watch them prepare… that shit looks fun AND british.
cal is going to fail his law fashion defendant dressing quiz. sure fire acquittal is putting me in one of those question mark suits. IT YOUR MONEY AND YOU WANT IT NOW(^*%!#%
1. The ride home last night took 20 minutes more than normal; I only saw three cars in the ditch. Based on my Dago experiences, a snow storm would result in 10,000 plus fatalities. A drop of rain hits the road and people go flying. They say the lack of rain allows oil and such to build up and the addition of even a little water makes the interstate a slip and slide, but that sounds like bull shit and I never had any problems. Also, where do you get your automobile crash rate statistics, cal?
2. As far as love goes, common knowledge. Let me see what sort of job you get after school and I’ll consider a gay marriage.
3. The 98% memorization/2% thought split makes sense. You are like a drug mule, but instead of something cool like opium in your butthole, you keep stupid thoughts in your head that you need to be able to poop back out at the judge.
4. Bike Rider: T
5. Dude seemed to be stretching in that booze article. His categories were on odd way to present what was essential one idea: people are making a lot of fucked up drinks. The minimalist uses no more than 5 ingredients in one cocktail? Come on. That’s a maximalist in my world. I do like the idea of using quality basic ingredients to build cocktails, but when you involve squash, you are making child’s pie.
6. I’ve seen scientist’s scotch mushrooms. Strange and beautiful. We should use penny’s cool camera to capture some images. You can see them in their “spore” form by dripping a little water into scotch. It’s like water and oil but different. I’m all for further research and I’d like to see what scotch look like in outer space.
7. I can’t really get into the stock market. Yeah, making money is cool, but I have zero desire to learn about this world.
8. Those babies don’t seem to be reading. Any little kid can name shit.
9. What is your new skeezer job? Please say Arby’s. Are you coming home for Xmas!!?!??!
10. Jasmine tea? Gotta go with your girl on this one. Flower power.
11. Double bubble is still a huge mystery.
12. Cal has Law and Order saved on Netflix. I can see his Q cuz we’re Netflix friends. Also, we both gave Big Momma’s House one star.
13. I’m a La Victoria (medium) when it comes to salsa. I prefer with cilantro, but Belly hates cilantro, so I get regular. Marriage is about compromise.
14. The sweater was a really good idea, but the question mark suit (green like the Riddler’s?) would drown the jury’s minds in both reasonable and unreasonable doubt.
Good whazzing gents.
Holyshit that’s a list alright. Hey wwhazz, when are we gonna DO something?
Watch me post your lights out….
I know… I saw you and lawman more when I lived in cali than I do now.
Part of it is life: BUSY BUSY BUSY
Part of it is weather: COLD COLD COLD
It’s too cold to bike or walk to your place and I hate eating the $30 round trip cab fare.
But whatever: I’m down to ride this weekend starting at 7:00 or so tonight. I have little school work and we are not going anywhere.
I think we’re doing essen haus with nurses on saturday night. They could cluck while you and I sit in the back and drink OPPENHEIMER or whatever.
I meant to post something, but emergencies are transpiring at work that need my expertise. HOLLLARBACK weiners.