Archive for: October, 2006

Not A Black Twit… Just A Twit

Oct 31 2006 Published by Turk under Elections, Politics, Republicans

DeWayne Wickham is a twit. Worse than that, he’s a lazy twit. Before you judge me for saying so, DeWayne, and before you pronounce me another Republican racist, hear me out.

What would you call a guy who reports on political advertising, but clearly failed to do any research at all into the legal requirements for, and limitations on, such advertising? What would you call a guy who makes pronouncements against any ad based on what he alleges others knew, without any actual proof? In my book, “twit” fits the bill nicely. Not Black twit, not Asian twit, not Caucasian twit, just twit. If I had meant anything else, I would have said so.

The reason for my tirade against Mr. Wickham is this ridiculous column in the USA Today. In it, he states:

Republicans have dusted off their Southern strategy playbook. Mehlman won’t admit as much. But the subtle racism of the ad is just a new twist on the more blatant appeals the GOP used to make to whites who were angered by the Democratic Party’s embrace of the civil rights movement.

So what has his ire? This ad run as an “independent expenditure” by the RNC. For those unfamiliar, here’s how an independent expenditure works. The FEC, in its infinite wisdom, left a bizarre loophole in it’s legal framework for ads. The political committees can run ads, but they can’t actually know what’s in them. “What the hell?” you ask. That’s right. It’s a bizarre little loophole, but here’s how it works in a nutshell.

The RNC pays a consultant to create and place ads. The consultant creates the ad, places the ad, adds a paid for by the RNC disclaimer, and the RNC pays for the piece. Make sense? No. But it is a feature of our campaign finance system. (If you dread paying your taxes because of the morass of contradictions that is the federal tax code, you really don’t want to wade into the FEC swamp.)

So anyway, DeWayne, who holds himself out as a professional journalist and covers, at least in this instance, such ads, should be at least somewhat familiar with the laws that govern them. Is he? Apparently not.

Now I don’t spend much time writing about physics and quantum mechanics because I don’t have the proper background. If I wanted to write about such things, I would ask for help from people who know them. I would ask for lengthy explanations from people versed in those fields and make sure they reviewed my work so I didn’t end up looking stupid.

DeWayne chose not to do that.

Mehlman wants us to think that’s not his intention. He wants us to believe that although he funded the ad, he had absolutely no knowledge of its content.

“The way that process works under the campaign reform laws is I write a check to an independent individual and that person’s responsible for spending money in certain states,” Mehlman said lamely during an appearance on MSNBC.

The problem with this dodge is that a voice in the commercial, which was pulled off the air late last week, loudly proclaims: “The Republican National Committee is responsible for the content of this advertising.”

This makes Mehlman’s claim of ignorance ring hollow.

Ummmm…. No, it doesn’t. If you want to challenge the stupidity of the law, that’s fine with me. If you want to address a campaign finance system that is poorly conceived and antithetical to the concept of free speech, I’m all for that.

If, however, you want to attack the RNC for complying with the stupidity of the FEC by running an ad sight unseen, simply because the FEC requires them to add a legal disclaimer that makes BCRA’s disclosure intent a sham, then you really are a twit.

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Karl Rove’s October Surprise…

Oct 31 2006 Published by Katie under Politics

is none other than John Kerry and his big fat mouth. How brilliant! Never doubt the power of the Rove.

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An Interesting Discussion

Oct 27 2006 Published by Turk under Miscellany, Politics, The Law

Captain’s Quarters yesterday had an unusual take on the whole issue of Gay Marriage and the New Jersey decision.

True libertarians would argue that government should stop sanctioning marriages altogether and just treat them at the contractual level. It’s not necessary to go that far, however. All that needs be done is to formalize all of the government-recognized incidentals as building blocks of normal contracts. That would allow not just same-gender couples in sexual relationships to gain these incidentals, but also elderly siblings looking to avoid tax implications for estate planning, friends who wish to partner on health benefits, and so on. The government could limit people to one such contract at a time and insist on formal partnership dissolutions to mark their end. We could call them “personal partnerships” and add onto existing contract law to regulate them as necessary.

This way, government can still recognize the importance of heterosexual marriages as a particular kind of contract, while treating other contractual relationships with the same care. The other relationships gain the economic security they seek while not disturbing the traditional understanding of marriage. At the very least, this approach has the virtue of basing itself on long-understood laws and principles of legal partnerships, while various courts stretch preamble material into strange new laws never envisioned by their writers.

It’s an interesting proposal, and one that’s unlikely to make it to Congress where different thinking and solving problems are a foreign concept. But do we really need such recognition of the contracts?

The Constitution calls for separation of church and state. Is marriage a function inherent to church or state? We’ve never really drawn a line on that one, and now that some are trying, it ruffles a lot of feathers.

If you view marriage as a contractual obligation for the sake of health, retirement and insurance benefits, then we should treat marriage as a contract like any other with no special treatment for the people within them. If all are equal under the law, the law is blind, etc., the distinctions are useless. A contract is a contract and any two people can enter into a life partnership.

If marriage is a sacred bond between people and god, then it should be treated as a function purely of faith and religion and ignored by the state. If you choose to recognize your love as a commitment before god, then it should be up to religions on a case by case basis to determine what they choose to honor and what they don’t. If a church hierarchy recognizes homosexuality as a sin, then it prohibits gay weddings within its walls and (ideologically) among its members.

Viewed in that way, your covenant with god is purely a function of your belief in an eternal reward, and should have no legal facet. If I choose to worship at a church that condones love, rather than gender, and recognizes gay marriage, it’s up to the almighty to judge me and those who marry. It’s simply not the prerogative of the state of Virginia.

The problem is an issue of state recognition of religious theology for the purpose of contracts. Honestly, you could argue the courts could invalidate all marriages conducted by a religious official as a violation of the separation clause of the constitution. The state has no business recognizing religions as arbiters of contracts. They could easily toss out any such contract not joined by judge or Justice of the Peace. They could require the states to create life partnership contracts that would bind any two people together.

I disagree with CQ that these would need to be exclusive arrangements. I see no reason, if this is purely a function of law and contracts, that you would be precluded from entering into multiple life partnership agreements.

To say partnerships have to be limited to one at a time is simply codifying the religious view that polygamy is bad. The law is blind, remember? If a man or woman chooses to enter into contracts with multiple partners, that’s not a concern for the law as long as all parties are aware of and agree to those terms. If three people choose to share their lives as a purely economic model, the state should have no reason not to accept that. If this were a business, I could have as many partners as I choose and our business model allows.

If we view these partnerships as a purely contractual matter, the number of parties to the agreement should be solely a function of any exclusivity agreed to by the parties.

It really is an interesting academic discussion when you break it down solely on the reason for marriage. Is marriage between you and the state for economic benefit, or between you and god for eternal salvation. If you say it’s both, the Constitution may have something to say about that. Have we come to a point where our need for clarity in the law has run headlong into our need for the afterlife?

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Google Wars

Oct 26 2006 Published by Turk under Candidates, Democrats, Elections, Politics, Republicans

Earlier this week, Chris Bowers at MyDD announced his intention to “Google Bomb” the election. On this side of the aisle, John Hawkins at Right Wing News took up the effort to do the same for our guys.

In an interesting note, John pointed out that the top results for the GOP candidates were already pretty negative when Bowers began, but the Democrat candidates were actually pretty positive. So there is a pretty good chance that our effort will actually have a greater impact.

Since I’m generally one to pitch in for the cause, I’ll help out and add the list.

Continue Reading »

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Patricia Madrid: The Wrong Stuff

Oct 25 2006 Published by Turk under Candidates, Congress, Democrats, Elections, Politics, Republicans

Patricia Madrid and Heather Wilson squared off last night in a one-hour debate hosted by the NBC affiliate in Albuquerque. Patricia, three points up in the polls, just had to avoid saying anything stupid. Unfortunately, she couldn’t make it through the hour without doing so.

Asked a question about large donations from lobbyists, she defended the gifts and said that’s ok, they’re just paying for access. Don’t believe someone would say anything that stupid?

Guess again?

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