Speaking Of Constitutional Law…

It is a very instructive day in the news if you are interested in constitutional law. Yesterday, the US courts confirmed the primacy of the person and the bar on making things up:

The appeals court yesterday ordered the trial judge in the case to issue a writ of habeas corpus directing the secretary of defense to release Mr. Marri from military custody “within a reasonable period of time to be set by the district court.” The government can, Judge Motz wrote, transfer Mr. Marri to civilian authorities to face criminal charges, initiate deportation proceedings against him, hold him as a material witness in connection with a grand jury proceeding or detain him for a limited time under a provision of the U.S.A. Patriot Act. But the military cannot hold him, Judge Motz wrote. “The president cannot eliminate,” she wrote, “constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”

These sorts of things are difficult cases and we have a natural gut reaction that bad people ought to be treated badly, differently. The trouble is the job of determining who and how has to be done on a principles and public basis or there is a veering towards a genial sort of authoritarianism where others take care of things you do not know about in ways that you do not understand. They become your betters, too, as a result.

A Moment’s Thought For The Grown-ups Who Govern

Jay and I have been discussing the Atlantic Accord and likely both been making errors all over the place but none as silly as the ones likely being made in the political forum these days:

“I am concerned about this allegation we’ve broken the [Atlantic] accords…We have done no such thing. It’s a contract. We don’t break contracts. We respect contracts. Normally, I expect, if someone says you’ve broken a contract, they are going to follow that up by going to court to make you abide by the contract. But I don’t see that happening…We can’t let that allegation stay out there forever. At some point we will consult tribunals ourselves, if that’s necessary, to get a ruling on our respect for the contracts.” The political dare was met with scorn by Newfoundland Premier Danny Williams and Nova Scotia Premier Rodney MacDonald, who said they will not be drawn into legal battles that would only deflect their criticisms of the recent federal budget…

Stephen Scott, a professor of constitutional law at McGill University in Montreal, said the Atlantic Accord is a political arrangement, not a contract, so a lawsuit could not be used to force the federal government to uphold its provisions. But, he said, the premiers could go to their own provincial appeals courts to get orders declaring how the agreement should be interpreted.

So you have the leader of the country daring other leaders into a court case over a legal principle that probably does not exist. Classy or troubling?

But to what political end? Where is a seat one with this approach? Maybe rural Alberta, itself the beneficiaries of the greatest non-reimbursable Federal windfall in Canadian history, will now vote 75% Conservative instead of 70%. But what is a Conservative government without seats in Atlantic Canada? Unless, it takes Ontario – nothing. Is there now a practical resignation to the reality of minority government?

My Day Off With The Roofers

Having roofed before, as with laying large amounts of sod, I do not do it any more. As you might be aware, I am what is known as not handy half by choice. It is not because I am lazy or fabulously wealthy but when (not if) I made a mistake I would likely leave it and then would hate that mistake for decades as I looked at the house. I know this is what I am like and I freely admit it. I console myself with other strengths, like my sense of indignity at bad BBQ and a passing understanding of a large range of athletic endeavors.

Plus it is very tippy up there. I am quite sure of that.

Guess Where This Was Said

Quoted:

Flag waving “causes the fans, at times, to become aggressive toward each other. … It’s a zero tolerance policy…”

A hint can be found below.

La-la land.

Was this all because of soccer? And what would patriotism-whipped Canucks look like anyway? Would they break out a second Crispy Crunch like mad men? Maybe demand maple syrup for their hot dogs?

Reaching Out, Helping Canada’s Regions

Canada is a funny place, where the bits add up to more and less than the whole depending on what week it is in relation to the recycling pick-up. Consider March 2006:

“It is important that all members of our caucus have every opportunity to advance important issues. The regional caucus structure will help give all of our caucus members more opportunities to fully represent their constituents,” said Prime Minister Harper.

Flash forward to June 2007:

Mr. MacDonald, who has been quietly trying to find a compromise with Ottawa since the federal budget was tabled three months ago, has now openly split with his federal cousins, joining Newfoundland’s Conservative Premier Danny Williams, who said the budget is a betrayal of Atlantic Canada. Mr. MacDonald plans to appear before the national news media to make his case. There are national consequences, he said, if the federal government can rip up agreements with provinces.

Saskatchewan Premier Lorne Calvert, who has his own bone to pick with Mr. Flaherty about resource revenues, said voters in his province will expect its dozen Tory MPs to follow Mr. Casey’s example and vote against the budget. Mr. Calvert is a New Democrat; no New Democrats were elected from Saskatchewan in the last federal election.

Hmmm…will they even have any members from out east after next time? Second “hmmm”…so which regions are left from which Conservative caucus members can fully represent their constituents? Quebec I suppose, though the recent provincial election was hardly clear cut evidence of regional confidence in Ottawa. Funny old times.

Rain Out In Watertown, New York

It was Thor, the God of Thunder and Marvel goodness one and opening day at the Watertown Wizards zippo. Our company included a former high school pitcher who was able to explain whallops of stuff I was not picking up. My Mets t-shirt itself triggered two conversations with other and extraordinarily friendly fans. Free pennants as the give away and Mel Busler of WWNY 7, shown below doing his job, signed the photo we took of him and the kids last year. They did get an inning and a half in against Glens Falls before the lightning started in the retreating clouds to the east but within a half an hour it was all around and time to retreat to the Texas Roadhouse where we have been given assured of no chance of a table at 5 pm. I can report that the ribs were again fantastic, though the place’s interest in NY craft beer seems to already evaporated with Bud and Blue now being the theme.

I figured out a bit more about the NYCBL. It is not so much an undrafted college players league as a pre-draft one. Players make the team only after their first or second years and they come from throughout the USA. Watertown has players this year from Texas, Oregon, Nebraska as well as New York. Plus – the best hot dogs I have ever had at a ball park. No question about that at all.

I Skipped The Stanley Cup

For the first time in about 18 years, I did not watch one Stanley Cup playoff game and I really don’t care that the Senators lost. Why is that:

  • Kids: I have no interest in watching idiots fight and explaining it to my kids. NHL hockey thinks fighting is part of the game but I can go to NCAA games with the kids in northern NY for under 30 bucks for the family including gas and see nothing but end to end play. And I get to scream “Yale Sucks!“
  • Other sports: As you know baseball has got my attention but so does NCAA hockey, basketball and football. I also have access to masses of soccer. All the sports are exciting and allow me to be a fan for way less than NHL hockey, whether it is tickets or paraphernalia.
  • The strike: Lost me completely. Bettman’s changes didn’t make a change but he was good enough to put the Cup on the shelf for a year to play God. The cap has made for tedious roving free agent parity. Bo-ring.
  • The teams who win: Tampa Bay Carolina, Anaheim. Who cares? No one in the US except people in those cities. No one in Canada. Not me. Maybe if they were selling BBQ, shrimp and Mexican food but they are selling hockey. Bring back the Winnipeg Jets.
  • The Leafs: For better or worse, I am a fan of the Leafs. They have sucked for years. They play a style of hockey that screams of entitlement and floater. They need their guts ripped out from the board room to the bench. They will suck for many years to come so, though I have a soft spot for the Wings which predates their golden years, I have to accept it. The only blip on the Leafs radar this year was seeing Davey Keon show up for a wave and a smile during a pre-season ceremony.

There it is. The NHL better do something. So should the Leafs. Otherwise, I am joining the growing majority and saying “Feh!”

Good For Bill Casey

Always good to see someone not turn out to be a party hack. Especially interesting to see someone representing my old hometown of Truro NS take a stand like this:

Mr. Casey said he and Gerald Keddy, another Nova Scotia Conservative MP, have met repeatedly with Finance Minister Jim Flaherty in an effort to resolve the impasse. They also appealed directly to Prime Minister Stephen Harper.
Finance Minister Jim Flaherty responds to a question during Question Period in the House of Commons in Ottawa Monday. “We have tried to build bridges between the government and provincial governments. We’ve got legal opinions. We have done everything we can do and last week it was obvious to me that we weren’t going to get the Accord restored. I told the Prime Minister I was going to vote against unless it was restored and I did,” said Mr. Casey. “I just think the government of Canada should honour a signed contact and if they don’t, we haven’t got much to work with.”

Hard to argue with that argument. Interesting to see the reference to the legal opinions – who is the “we” he is referring to? The government? A dissenting group?

Chicky’s Last Waltz

I’ve told you before how much I like going to Chicky’s in Portland, Maine but sadly Chicky’s is no more. My buddy Tom, who played the piano at this dear departed joint, sent an email about a benefit that is being held for the staff who have been left high and dry by the sudden absence of the equipment:

Okay, so as to go out with a bang, and not a whimper, a bunch of us regulars that performed at Chickys have put together a Last Waltz benefit show. Proceeds to help out the excellent staff of waiters and waitresses, cooks, and bartenders who found themselves suddenly jobless.

Where: The Gold Room – 512 Warren Avenue.

When: Sunday June 10 from Noon to 7PM.

How much: 10 measly stinkin’ bucks! Come on! Really, all this music for $10 !?! Sheesh.

Tickets available at Buckdancers Choice Music
at the Union Station Shopping Center on St. John Street, or at the Gold Room, 512 Warren Avenue.

Who:
The Line-up:

12pm – Douce. This will be the LAST CHANCE to see Cajun fiddler/accordionist MATTHEW DOUCET before he heads back to Louisiana. Reason enough to come to the show.

1pm – The Bourbonaires (with Tom W. on accordion & slide guitar). Chicky’s co-owners Blake Smithson and Chicky Stoltz play in this band, so it’s a great time to stop buy and tell them thanks for the great food and tunes for the past 3 years.

2pm – Sean Mencher Combo. Sean has probably forgotten more guitar riffs than most of us will learn. I can’t say enough about him, he is one of my favorite guitarists.

3 pm – The Guv’nors. Beatles/British Invasion tribute with members of The McCarthys, Cattle Call, Diesel Doug and the LHT, and the Saccarappa Boys.

4pm – Tone Kings. Electrified Blues, R&B, and Funk featuring some of New England’s best musicians.

5pm – Travis James Humphrey
Bakersfield-style country by way of rural Maine.

6pm – Chipped Enamel. Folk music of the people.

I am too far away and can’t make it. But if you are in New England, you could go. Take pictures. Dance with Tom.