Category Archives: Law

Barletta Battles For Sweet Home, Hazleton

Constitution, Federalism, IMMIGRATION, Law, Private Property

Before Governor Janet Brewer of Arizona there was Mayor Lou Barletta of Hazleton, Pennsylvania. Born and bred. In 2007, I wrote about this much-loved local leader, who has legitimately and faithfully represented his constituents—Republican and Democratic—in attempting to salvage a community ravaged by unchecked immigration.

Unwilling to wait for Washington, Mayor Louis Barletta of Hazleton attempted to reclaim his town by passing local ordinances to crack down on those who employ or rent to illegals. Barletta’s Illegal Immigration Relief Act was found to conflict with the unenforced Immigration Reform and Control Act (IRCA) of 1986, and, therefore, to be in violation of the Supremacy Clause of the Constitution. This, even though the Supreme Court itself has conceded that not every ‘state enactment …which deals with aliens is a regulation of immigration.’

Now, the Third Circuit Court of Appeals has adopted the same decision issued in July 2007 by a U.S. District Judge, ruling that “the ordinance violates the supremacy clause of the U.S. Constitution, which precludes states from enacting laws that are at odds with federal law.”

As I said at the time, I am not thrilled that to defend his town a mayor has been forced to circumscribe renting and hiring. Still less am I enamored of the ACLU and the Puerto Rican Legal Defense and Education Fund usurping a beloved Hazleton home boy—in the past, Barletta has won both Republican and Democratic nominations overwhelmingly.

Having become aliens in their hometown, Hazleton residents imagined that the Constitution allowed them a measure of autonomy over how they lived their lives. How wrong they were.

UPDATE III: 2010 Battle For Baghdad

Foreign Policy, Iraq, Law, Military, War

“The futility of establishing the rule of law in a place which has no tradition of it, notwithstanding, even if some color is given to the claim that the surge [has] ‘worked,’ it has to be clear that force is a limited weapon against a cause with unlimited recruits. It can cut back the number of insurgents by killing lots, it cannot eliminate the causes fueling the insurgency—these are, predominantly, the religious animus between Shia and Sunni that dates back to AD 680, and the American occupation. Brute force will temporarily curtail the first, but will only inflame the reaction to the last.”

That is how I summed up a September 14, 2007 column, on the week of the tiresome testimonies of Gen. David Petraeus and Ambassador Ryan Crocker as to the surge-related success in reducing violence in Iraq. During that week, 79 Iraqis were murdered and 38 were wounded.

Tell me if anything has changed, 3 years on. According to the AP, “Days after the U.S. officially ended combat operations and touted Iraq’s ability to defend itself, American troops found themselves battling heavily armed militants assaulting an Iraqi military headquarters in the center of Baghdad on Sunday. The fighting killed 12 people and wounded dozens.

It was the first exchange of fire involving U.S. troops in Baghdad since the Aug. 31 deadline for formally ending the combat mission, and it showed that American troops remaining in the country are still being drawn into the fighting.”

Read MORE.

Of course, now the battle is on for the spoils of occupation. Without one strongman to provide law and order in that blighted and benighted spot, many smaller, less benevolent dictators have been loosed on the long-suffering Iraqis.

UPDATE I: To Mike: Bibi Netanyahu might have waxed fat about the wonders of exporting democracy, but did he adopt this American—previously French-Jacobin—form of oppression? Not on your life. Israel pretty much sticks to defending its threatened borders.

UPDATE II: Mike, Bibi speaks a superb Hebrew too. As a matter of fact, his son recently won Israel’s prestigious National Bible Quiz for Youth. I will be pleasantly surprised if the US has an equivalent competition. You have to be very bright to win this prize. It was always big deal and we all watched it on TV as youngsters. (You’d try and shout out the answers, but could seldom keep up with the talent.)

I think Chelsea Clinton is a hard-working, smart young woman (and pretty refined). But I can’t imagine the Bush, Obama, or McCain brood doing something seriously intellectual; the kind of thing that required unadulterated brain power (a degree in math), rather than feel-goodism (speak up for gay marriage).

UPDATE III: BACK to the topic. From PBS come the stories of Iraqi refugees on the joys of Daisy-Cutter delivered democracy (and yes, neo-creeps, Iraq once had a very viable professional class):

“DR. JALAL AL BAYA, dental surgeon (through translator): I had the largest dental practice in the country. And I had to abandon it when I fled to Jordan. There were lots of threats. And most of the scientists and doctors were targeted, so we had to reach out for a safe haven that was closest. And, for us, that was Jordan.

FRED DE SAM LAZARO: The large family home was destroyed in a car bombing and shelling that ripped through their Baghdad neighborhood. That’s when Al Baya joined an exodus of Iraqi professionals, fleeing threats of kidnapping or just running from the wrong side of a political or religious divide. By some estimates, since 2003, at least 60 percent of Iraq’s doctors have either left or stopped practicing.”

MORE.

Desperately Seeking Ebonics Experts

Government, Labor, Law, Multiculturalism, Pop-Culture, Race, Racism

It sounds like OUR Myron Pauli, the relative of THAT Wolfgang Pauli (Nobel Prize for Physics, 1945) has had enough of his current position, and the type of federales that come with the job. I got wind (via another very smart man, R. J. Stove) about a job opening with the feds. This is Myron’s opportunity to push boundaries.

As far as Rob could make out, this is serious (i.e. not an ONION satire):

Justice Department Seeks Ebonics Experts.

“Move over Ali G.,” says Rob.

In all seriousness, an Eminem-type federal employee should push this envelope hard and insist that, as an adaptable honky who has mastered the future lingua franca, he ought to have access to this job with all its benefits and fun (talking in tongues? ‘Cmon). The feds can’t discriminate based on race. The job should be open to whites with flare and improvisational abilities (at least that should be the pitch on the resumé).

Just Another Injustice

Constitution, Crime, Criminal Injustice, Justice, Law

* “Wikileaks founder Julian Assange said in an interview published on Sunday that he believes the Pentagon could be behind a rape accusation against him that was later dropped by Swedish prosecutors.”

Exactly my thoughts.

* CONRAD BLACK. “The U.S. Supreme Court had asked the appellate panel in Chicago to reconsider the 2007 jury finding [against Conrad Black] in light of the high court’s June decision to limit the federal ‘honest services’ fraud statute to instances of bribery and kickbacks not present in the Black case,” reports Bloomberg.com.

Better late than never.

From “Crucifying Conrad (Black)”: “The SEC operates on an unconstitutional ex post facto basis; its victims have no way of foreseeing or controlling how vague law will be bent and charges changed in the course of seeking the desired prosecutorial outcome.

Propelling the SEC are politically voracious prosecutors. Aided by George Bush’s latest legislative abomination—the Sarbanes-Oxley Act—they can pursue any business executive as long as a lay jury can be convinced the unfortunate chap intended to mislead or stiff shareholders. This is as easy as pie, given the common man’s affinity for wealth creators. As America’s regulators run out of entrepreneurs to eliminate, so they seek fodder from among foreign investors, hence Black.”

* Justice Department Überbloodhound Patrick Fitzgerald is the worm who used the full power of the state to pursue Black, and now Blago, Gov. Milorad Blagojevich (Fitzgerald has many more scalps under his judicial belt, involving abuse of power, such as the Lewis Libby prosecution). The latter may not be a pleasant person, but I doubt he has done anything that is naturally elicit: “The prosecution has failed to show that the Blagojeviches did anything more than shoot the breeze.”