Confusion Over Due Process - Proposition 8 Ruling

"Democracy is two wolves and a lamb
deciding what to have for dinner.
Liberty is a well-armed lamb contesting the vote."
– Benjamin Franklin –



I firmly believe that all Americans should thoroughly study and review often their American history.
"Those who cannot remember the past are condemned to repeat it."
-George Santayana

The formation of the United States as a constitutional democratic republic is not well understood by many citizens. I am not sure how schools are teaching these government and civics classes today. However, when I was a young student, I remember my teachers expressing a reverence for personal liberty and what it meant to be free. We were always told that "freedom was not free" and many brave people had fought for our freedoms and 'we' might have to fight again. Our freedom was in part due to their convictions and sacrifice and we should never forget. Also, I was taught that civil liberties and civil rights are precious and must always be protected from any who might try to infringe them. The United States was the beacon for personal liberties and the only place to make the 'American dream' possible.

Among many things, one thing that really annoys me is how some propagandists try to demonize judges for doing their job and playing their role in the constitutional process of checks and balances. The term 'activist judge' and playing on the general publics ignorance by questioning how a judge can reverse a voter initiative. Well, judges have had to rule certain voter initiatives un-constitutional many times before.
Courts often need to step in to protect the lambs from the wolves.





Now that we all remember why judges must check that laws meet constitutional standards.
Here is a good article to detail
Judge Walkers Ruling



And, here is another...

SF Chron Editorial
Walker's ruling on Prop. 8 stay is the right one

If you read the readers' comments associated with this article you will see some real ignorance of the constitutional process, and/or individuals taking advantage of others' ignorance of due process.


Confusion
As I mentioned above, there seems to be a lot of confusion amongst the general citizenry as to how the judicial review process works for a voter initiative like Prop. 8. Some commentators are clearly taking advantage of that confusion and ignorance to fan the flames of anger of the voters who feel their will is not being recognized. Anyone who wants to research further can investigate the "Equal Protection" clauses in both the federal and state constitutions. To amend these clauses would take a fundamental change or revision to the constitution, which can only be originated in the legislature and takes more that a simple majority to enact.
See this article for the letter of the law.
http://trustreagan.com/2008/11/20/amendment-vs-revision-the-impact-on-prop-8/

In the meantime, same sex couples, who have the constitutional right to marry which has been affirmed and re-affirmed by both state and federal courts, are being forced to have their civil rights put on hold.

Same Sex Partners Must Wait Longer...
Civil Rights Put on Hold?!

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/16/BAEE1EUOIF.DTL

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/08/16/national/a120233D02.DTL&feed=rss.news_nation

Just for Fun

Last night, the annual "Sake San José" event was held in the Japantown area of San Jose, California. www.sakesanjose.com An annual event, Sake San José involves various businesses and restaurants in Japantown who host a small table for exclusive sake tasting at their location.

The event was well attended. The bigger turn out this year was noticed by anyone who attended last year and was attributed to beautiful weather and an increase in "word-of-mouth" advertising. Obviously, in the Silicon Valley as in many other parts of the country, "word-of-mouth" has become email between friends, but the increase in popularity does not seem to hinder this well organized tour of Japantown. Aside from a couple host venues that had very narrow passageways through which two way people traffic had to squeeze at times, the long lines actually moved relatively quickly and no one seemed to mind the wait.

The Yu-ai Kai Senior Community Center is the organizer of the event and some of the proceeds go to benefit this center. Ticket purchasers all receive a wrist-band to verify age and a small tote bag containing a participating businesses map with the brands of sake being offered, a pen, and a bottle of water.

The Japan-town area is just slightly north of San Jose State University centered around Jackson Street and 4th to 5th North Streets.

View Larger Map

The Sake San José event is not the ideal way to learn details about sake, because the tasting is a bit too fast paced for tasters to ask many questions. Moreover, the servers of the various styles are volunteers and have widely varying knowledge of the sakes they are pouring. Nevertheless, it is a rare occasion to be able to sample so many different brands and styles of sake in one event. So, a bit of research either before or after the event could enhance the experience and allow neophytes to discover what they like in a sake. Also, there is a storefront that is stocked to sell all of the types of sake offered at the various locations with clerks who have more specific knowledge.

Worse Than the Nixon Years?

Does anyone else think that the Bush administration is actually going down in history as being worse than the Nixon administration? Bush may have created the most corrupt White House ever. It is hard to believe.

The Bush administration has seen so many revelations and scandals, and so few resignations.

González said that his statements were less than precise, but that "he has nothing to hide".

And let's not forget the GOP "puppet master", Karl Rove. The 18 1/2 minute gap in the Nixon White House tapes is easily outdone by the reported four years of missing Rove emails.

But the recent scandal to hit the "Bush cronie, neo-con" leader on the World Bank is unreal! Iraq War architect Paul Wolfowitz is in hot water for paying his girlfriend more than she was worth...more than anyone was worth. But he too "refuses to quit." Click here for a more recent update to this story. He says he's staying at the World Bank because there is so much important work to do. Hmmm, I imagine that means finding other ways to get the World Bank's money into their grubby mitts.
These people do not think that the law applies to them. They also do not care what the public thinks. No scruples.
I recommend you do some research on President Bush's grandfather Prescott Bush (seen below in the photo with Richard Nixon).

2008 Presidential Primary Heats Up

FOX reports today that Sen. Obama has raised almost as much campaign funding as Sen. Clinton so far. Obama with $25 million and Clinton with record $26 million. They also claim that the top 3 Democrats have raised more than the top three Republicans. Donna Brazile's Commentary in the Washington Post also writes about these fund raising results. I'm not sure about that figure, but I read that Mit Romney had raised $23 million. read the article here. This article also has interesting poll results for all the candidates.



I feel it is important that the Democratic Party maintain a sense of unity in the coming months. The democrats have good candidates and they must not risk in-fighting or a split in the party.



Even considering the Hillary 1984 Apple commercial scandal, the democrats are doing better than the Republican Party candidates at having a common platform. Guiliani, Romney, Thompson and McCain could not be more different ideologically. Sen. McCain has written a very good article in The Washington Post about his recent trip to Iraq today. It is a good read. Check it out here.

FOX is also reporting that Guiliani and McCain are leading the polls in South Carolina for the Republican party.
Here is an incredible collection of Poll data on Real Clear Politics.


Meanwhile, Rudy may face unpleasant questions regarding the September 11th attacks from many people in New York. See this article on how "Critics want to mar his hero image and hobble his candidacy by questioning his moves."

Folks, this Primary season is bound to get interesting.

California State Song

I Love You, California

I.
I love you, California, you're the greatest state of all.
I love you in the winter, summer, spring and in the fall.
I love your fertile valleys; your dear mountains I adore.
I love your grand old ocean and I love her rugged shore.

Chorus
Where the snow crowned Golden Sierras
Keep their watch o'er the valleys bloom,
It is there I would be in our land by the sea,
Every breeze bearing rich perfume.
It is here nature gives of her rarest. It is Home Sweet Home to me,
And I know when I die I shall breathe my last sigh
For my sunny California.

II.
I love your red-wood forests - love your fields of yellow grain.
I love your summer breezes and I love your winter rain.
I love you, land of flowers; land of honey, fruit and wine.
I love you, California; you have won this heart of mine.

III.
I love your old gray Missions - love your vineyards stretching far.
I love you, California, with your Golden Gate ajar.
I love your purple sun-sets, love your skies of azure blue.
I love you, California; I just can't help loving you.

IV.
I love you, Catalina, you are very dear to me.
I love you, Tamalpais, and I love Yosemite.
I love you, Land of Sunshine, Half your beauties are untold.
I loved you in my childhood, and I'll love you when I'm old.