Tag Archives: government

An Expansionist Germany

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Not military expansion, but a more insidious one: legal expansion.

The German government must come up with a new law regulating its secret services, after the country’s highest court [Federal Constitutional Court] ruled that the current practice of monitoring telecommunications of foreign citizens at will violates constitutionally-enshrined press freedoms and the privacy of communications.

And:

The key legal question was whether foreign nationals in other countries were covered by Germany’s constitution….

Why, yes, yes they are. Because German sovereignty reaches deep inside other nations’ borders, other nations’ legal and political jurisdictions, overrides those nations’ own sovereignty. Germany’s laws not only apply outside German borders, they apply inside other nations’ borders.

The Court’s judges’ hearts may have been in the right place, but this sets an ugly precedent regarding the allegedly inherent superiority of German sovereignty.

Finally, Some Recognition

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…of the role of Federal laws in State activities. Recall that two New Jersey officials of then-Governor Chris Christie’s (R) administration were convicted in Federal court for

hav[ing] participated in a 2013 scheme to create traffic backups in Fort Lee, NJ, by limiting motorists’ access to the George Washington Bridge that crosses into New York—in retaliation against Fort Lee’s Democratic mayor, Mark Sokolich, for not supporting the re-election bid of Mr Christie, a Republican.

The Supreme Court, unanimously, tossed those convictions. The unanimity of the throwing out is made the more noteworthy by this money quote, by none other than Justice Elena Kagan, who wroteg for the Court:

not every corrupt act by state or local officials is a federal crime.

Think about that for a bit.

Judicial Abuse

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The Wall Street Journal has laid out the present abuse. DC Circuit nominee Justin Walker is up for confirmation hearings this week.  Now recall how the so-called watchdog of judicial ethics, the Codes of Conduct Committee tried to get potential judges disqualified from their nominations for the apostasy of belonging to the Federalist Society. There was considerable blowback over the Committee’s draft rule that would have affected the bar: 210 appellate and district judges signed a letter to the Committee demurring from the rule.

One of those letter signers was…Justin Walker. Now the Left, including particularly Senator Sheldon Whitehouse (D, RI), who is a member of the Senate Judiciary Committee, wants to use that letter as the reason to disqualify Walker from the DC Circuit confirmation.

Note, now, that the Committee’s draft rule remains in draft; it has not been withdrawn from consideration.  At this point, the WSJ exposed a surprising naivete.

Chief Justice John Roberts is the official head of the Judicial Conference, and he should call Judge [Codes of Conduct Committee Chairman Ralph] Erickson and tell him to kill this draft forthwith.

Roberts has shown himself too timid and too mindful of his image in the press to make such a call.

On the other hand, his call isn’t strictly necessary: the Codes of Conduct Committee is a committee of the Judicial Conference of the United States. The latter, in turn, is a creation of the Congress.

It would be straightforward for an honest Congress to rein in the Code of Conduct Committee, to disband it altogether, to alter the Judicial Conference, to disband that body altogether, or to otherwise reform the Judicial Conference so as to eliminate abuses like those of its subordinate committees.

On the third hand, reform is especially difficult with the present House.

Look for an especially vitriolic “hearing” by the Judiciary Committee’s Progressive-Democrat members.

Micromanagement

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California’s Governor Gavin Newsom (D) has published a list of activities he deems permissible for Californians to engage in while they’re outdoors.

Specific activities, carefully enumerated. Not principles of (social distancing) behaviors, particular behaviors.

Activities Newsom will allow [scroll down to Outdoor recreation] include

  • badminton—singles, mind you, doubles are too many
  • BMX biking—but not just pedaling around neighborhood
  • gardening—again, singles. Your kids or spouse aren’t allowed to help
  • car-washing—here, too, no spousal or kid help. And if it’s a kid chore, he’s on his own
  • tree climbing—unspecified as to whether a boost up is allowed
  • picnics (with your stay-home household members only)—but these persons aren’t allowed to participate with you in any of the above. Go figure
  • throwing a football, kicking a soccer ball (not in groups)—apparently you have to go get your own football or soccer ball after you’ve thrown/kicked it. Or maybe you’re allowed to get your dog to fetch

The list goes on. Throwing a baseball or a frisbee isn’t enumerated, so those likely are barred. Newsom claims his list is non-exhaustive, but it’s entirely too detailed and picayune to believe that it’s not nearly so.

This is the sort of micromanagement that demonstrates both the incredible insecurity of the micromanager and his tyrannical tendencies.

This is not the freedom and personal responsibility that Californians used to have.

Another Crackdown

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Maybe cut from the same cloth: you can’t dispute with me—I’m your government.

The organizer of a protest against New Jersey’s coronavirus stay-at-home order is facing a criminal charge, authorities said.
Kim Pagan, of Toms River, NJ, was charged Friday following the small but noisy demonstration in front of the New Jersey Statehouse in Trenton.
New Jersey police accused Pagan of violating emergency stay-at-home orders issued by Governor Phil Murphy [D] to contain the spread of the coronavirus.

Never mind our Constitution with its petty little nonsense about the right of the people…to petition the Government for a redress of grievances. Those are just words, as Murphy makes clear:

When I use a word, it means just what I choose it to mean—neither more nor less.
…
The question is…which is to be master—that’s all.

There is one critical difference here from the situation in Hong Kong: jury nullification is available, and it works.