Thursday, March 31, 2016

Did Jupiter Police have a choice?

Thanks to Joe Biden and the funds that have been channeled through the Violence Against Women Act (VAWA), Jupiter police had little choice but to charge Corey Lewandowski with battery.

Under Florida Statute 784.03, the crime of misdemeanor battery is committed when a person either:

1.     Intentionally touches or strikes another person against their will; or
2.     Intentionally causes bodily harm to another person.

The video is highly suggestive that Corey Lewandowski touched Michelle Fields against her will.

Florida Family Law is badly in need of reform.  SB 668 has not yet been signed into law by Rick Scott.  Two years ago, Rick Scott did not sign a related bill.

Tort reform was in fashion until the lawyers got hold of Barack Obama.  Our criminal justice system needs reform.  Our Family Law system needs reform.

I don’t think a jury of Corey Lewandowski’s peers would convict him of even simple battery.  I recommend to Corey and to Mr. Trump that they not waive the right to trial by jury.
The web describes defenses against battery.  These include implied consent as in athletic contests.

Saturday, March 12, 2016

Benefits of a Living Constitution

  1. The Federal Government via the Supreme Court can address the problem of the day.
  2. The Federal Government can adapt the Constitution to modern technology.
  3. Barack Obama will need to wait about 15 years until he is dry behind the ears and old enough to run for President.
"The Warren Court" was an example of #1. 

The Warren Court refers to the Supreme Court of the United States during the period when Earl Warren served as Chief Justice from 1953 to 1969.  Warren replaced the deceased Fred M. Vinson and was replaced by Warren Burger.
Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.
The court was both applauded and criticized for bringing an end to racial segreation in the United States, incorporating the Bill of Rights (i.e. including it in the 14th Amendment Due Process clause), and ending officially sanctioned voluntary prayer in public schools. The period is recognized as a high point in judicial power that has receded ever since, but with a substantial continuing impact.
Prominent members of the Court during the Warren era besides the Chief Justice included Justices William J. Brennan, Jr., William O. Douglas, Hugo Black, Felix Frankfurter, and John Marshall Harlan II.

The Federal Government support for the internet may be an example of #2.

The internet can be considered the email equivalent of "snail mail's" post roads  (Article I, Section 8).

Tuesday, March 8, 2016

Veterans Affairs

On December 8, 2008, U.S. President Barack Obama announced he would nominate retired U.S. Army general, Eric Shinseki, to be the 7th Secretary of Veterans Affairs. He was unanimously confirmed by the United States Senate on January 20, 2009.  General Shinseki resigned as Secretary of Veterans Affairs on May 30, 2014, making deputy secretary Sloan Gibson the acting secretary. On June 29, 2014, President Obama nominated Robert A. McDonald to serve as VA secretary. The United States Senate confirmed McDonald on July 29, 2014.

How does Eric Shinseki differ from Barack Obama?  Eric K. Shinseki was born on Nov. 28, 1942, in Lihue, which is located on the Hawaiian island of Kauai.
WASHINGTON, March 4, 2015 – Sen. Bernie Sanders (I-Vt.) was honored tonight with the Veterans of Foreign Wars prestigious Congressional Award.
At a ceremony in the Senate’s Kennedy Caucus Room, Sanders said he was “extremely honored” by the award presented for his eight years of service on the Senate Committee on Veterans’ Affairs, including his time as the panel’s chairman during the last session of Congress. He remains a senior member of the committee.
VFW National Commander John Stroud noted that Sanders played a leading role in winning passage last year of major legislation to improve health care services at the Department of Veterans Affairs. 
The nation’s largest service organization of combat veterans said Sanders “has been a commanding voice”  fighting to preserve benefits for disabled veterans, for the proper care and treatment of women veterans, homeless veterans, for better employment opportunities and improved access to mental health programs. The VFW also lauded Sanders for increased congressional oversight that resulted in improved claims processing by the VA. 
“It is no understatement to say that Sen. Sanders has taken care of wounded, ill and injured veterans and their surviving family members,” said the VFW’s Stroud. “When the VA imploded last year, he was the lead negotiator for the Veterans Access, Choice and Accountability Act, which the president signed into law last summer,” he added.
“The VA still has an uphill climb to fix what’s broken, to hold employees appropriately accountable, and to restore the faith of veterans in their VA, but veterans everywhere should be proud and comforted to know that this United States senator has their back in Congress.”

Lewis William Walt where are you when we need you?