Thursday, January 26, 2006

What's in Your Wallet

This is such a cool thing. Ok, well maybe I'm the only person that will think this is cool at all but there is a Website that allows you to track your money. Ok, so it sounds really nerdy and geeky. ... Ok, it is really nerdy and geeky, but by entering the serial number off of a dollar bill, you can figure out where your money has been, and then you can continue to track it after it leaves you hands. This is sort of like a message in a bottle or tied to a balloon or whatever, except easier.

Additionally, according to the little blurb I read about it, researchers have been able to use this data to compile a highly accurate model of human travel, which, in turn, has been key to understanding the way that diseases spread. Alright, so now it's even geekier, but it's still such a cool concept. I already added the two $1 bills in my wallet to the database, and plan on checking more of them in the future.

Checks and Balances

The history of America has certain themes running through it. One is the constant pendulum swing regarding regulation (more on this perhaps in another post). The concept of "checks and balances" was one of the central themes of our Founding Fathers in creating the republic that we have today was.

The people that initially crafted our government had recently come over from Europe and were casting off the yoke of an oppressive monarchy - where the national government controlled everything. It is then not so surprising that they would want to create a government perhaps as different from this as possible, one where the local governments knew best how to tax and spend, and had the majority of the power. However, this turned out to be an utter failure. We couldn't raise money for a proper militia even to defend our new country, which had numerous enemies to be sure. Hence, it was decided that we needed a new system, and thus was born the Constitution.

The U.S. Constitution was a power grab by the federal government to take the power back. It was clear to them that all of the power could not be vested in the States. However the Framers and the States were concerned about the federal government ever having too much power. Hence, two things happened. One, the Framers promised that there would be a Bill of Rights attached to the Constitution, which would protect certain fundamental State rights. Second, the idea of checks and balances was implemented.

The theory was, and continues to be, that every governing body will want to grab as much political power for itself as possible within the system. Congress can legislate, but it needs the Courts to agree that its legislation is permitted under the Constitution (which was passed by the States), and it requires the Executive branch to enforce its laws. Even with that fundamental tension, there was also the idea that each branch would make certain power grabs, therefore no single branch would ever become too powerful, and this was proven to be true. See Marbury v. Madison (incidentally, John Marshall was a genius).

We are now crossing into an insteresting time where all three branches of the federal government will be dominated by a single party, which is good if you happen to be from that party and agree with all of its philosophies, and otherwise, it may not be deemed to be so good. However, the political party placed in power is a little different than what has existed historically. Generally, the Republican party was about reduced federal spending, allowing for a reduction in taxes, and less legislation - more laissez fair. This was often considered good by the States, corporations, and any one that thought the government was wasting "their" money. However, for the last several years, the Republicans have been spending like it was going out of style, reducing taxes, and increasing federal legislation (as it relates to privacy and "family" issues).

Ordinarily, there would be a certain limit to how much political ideology could ever be infused into federal law, as there are checks and balances and no single branch, and not even two individual branches, of the federal government could ever change anything too dramatically. However, as I said, the times they are a changing. Soon all three branches of the government will be dominated by the same political party, or by people with a very similar political philosophy.

Over time, the rights secured by the Bill of Rights, the thing that was added to the Constitution to get many of the States to actually adopt the Constitution to begin with, has been abbreviated and abridged by the same people that have the philosophy that State's rights need to be protected. However, the States have not really protested because the protections which have been abbreviated more relate to individual rights and freedoms. (Refer to the line of cases interpreting the 4th Amendment through today. You can start with Weeks v. United States. However, it has also been reducing the ability of Congress to legislate, as it shrinks the power granted to it under the Commerce Clause. See Gibbons v. Ogden, Swift v. United States, and Lopez v. United States. Again, this is only bad if you disagree with it.

The Court is often accused of being "activist" when it does anything contrary to what the Republican party deems appropriate. However, the Constitution was meant to be a living document and to be interpreted. Some people are more "strict constructionists" (often reading more "textually" into the document being interpreted) than others. "A judge who is a 'strict constructionist' in constitutional matters will generally not be favorably inclined toward claims of either criminal defendants or civil rights plaintiffs, —the latter two groups having been the principal beneficiaries of the Supreme Court's 'broad constructionist' reading of the Constitution." (William H. Rehnquist in a memo to Richard Nixon about Supreme Court nominees). However, the Constitution is not always very clear. The idea was that this document would be the governing law for hundreds of years and the needs of the people and thegovernmentt would inevitably change over time. Hence, the document needed to be broad enough to cover the "What ifs".

For example, the right to privacy, the right to use contraception, the idea that seperatee but equal" is inherently unequal, the right to equal protection for all classes under federal law, are not rights or concepts specifically enumerated under the Constitution. These things were read into it by the Court. The Court determines the breadth of the fundamental protections and the powers of Congress to legislate and whether the Executive branch has exceeded its scope. Every Court interprets and "makes" law.

We now get to the new Supreme Court nominee, who will most likely be confirmed very soon by a Congessional vote that is expected to be directly down party lines. Samuel Alito will be placed onto a Court that already has a strong philosophy geared toward Republican ideals. It is why he was nominated for Supreme Court Justice. Anyone that says politics should not play a part in whether or not a Justice is placed on the Bench is kidding themselves, as so much of the appointment comes down to politics to begin with, and both Republicans and Democrats do it.

When Alito is confirmed, the Republican party will effectively have control over the Congress, the Executive branch (presidency), and the Court - all three branches of power. Thus, greatly reducing the checks and balances that were imagined by our Founding Fathers. This is not a bad thing unless you happen to disagree with any of the Republican philosophies, or happen to believe that checks and balances are always a good thing to have. The fight over the Court seems to be rather muted, which strikes me as ironic as this is likely going to be one of the most long lasting legacies left by the Republican Party on our Country, as these are lifetime appointments and the Court will have the ability to interpret whether a Congress or President of a different ideology has overstepped its bounds.

The thing that shocks me most of all is I have heard next to nothing about abortion, civil, or equal rights activists protesting this appointment. (I thought for sure the women's rights groups would be out in force on this one.) There was such a battle to have these rights recognized under the Constitution to begin with, how could anyone be so willing now to have someone appointed to the Court that is more than likely going to help to abridge those rights further. A government with limited checks and balances is the thing that scares me more than anything. However, on that front, I am obviously in good company.

Monday, January 23, 2006

Values

People often asked me what I wanted to be when I grew up. This always resulted in a complicated mental process in my head. Some people were privileged enough (fell victim and stayed awake long enough) to hear my entire explanation. Eventually, so many people asked me, I came up with an abbreviated answer. I had picked something, but I wasn't sure it was what I wanted to do. I spent a lot of my time convincing myself it was definitely what I wanted to do, but at the end of the day, my heart just wasn't in it. Then again, my heart wasn't really in anything else.

Some people ask me today if I like my job, and I am fortunate enough to be able to honestly answer, yes, I really do. I love my job. I love being able to wake up every morning and not have to dread walking into the office. I have head hunters call me on a regular basis about new opportunities in the legal field that I may be interested in, and when they hear me describe my office, and hear how I sound about my job, they decide that I really should stay where I am.

I love my job, and I love that my commute time is nearly non-existent, but I know there is more to life than work. There are friends and loved ones. I have the interesting opportunity everyday to deal with people close to, or at, the end of their lives. I get to hear their reflections, regrets, and memories, and not a one of them doesn't hold dear the memories of their friends and loved ones. I cannot think of any that cling to all of their great work stories and anecdotes. My job may be the most fantastic thing in the world, my living arrangements may be spectacular, but they aren't my priorities. Friends, family, and loved ones have to come first because without all of them, what the hell are you doing it all for anyway.

I have friends that are struck by this notion. "You would leave, move, to be with someone? How could you possibly give up everything you have."

"How could I not? Besides, who said I was 'giving up' anything?"

My outlook on life is interesting to many because for me it is never the destination but always the company. I can go anywhere and be completely bored and disappointed, but I can also be in the most mundane place in the world with excellent company and have a fantastic time. Many of my friends do not understand this in the least. I guess we all have different priorities; different things that we value in our lives. However, at the end of people's days, everyone seems to crave the same thing.

Friday, January 20, 2006

Rant

I've been meaning to write for days now but every time I think of what I want to write, I am either not near a computer or don't have the time - or sometimes both. Additionally, a lot of what I want to write about is a rant on something ... anything. Sometimes I get so frustrated with people and society. I often feel like so few people in the world today think at all, or if they are thinking, I'm really concerned what it could be about.

This guy on the floor of my dormitory in college used to wander around getting in people's faces screaming, "You don't care." He was a really weird guy who ended up developing an ulcer after his freshman or sophomore year. This was really tragic, however, it did get him to tone back his obnoxious behavior significantly. Sometimes, though, I feel like that kid on the inside.

For example, I hate that people do not get paid enough. My friend and I came up with a theory that everyone should make $80,000.00 per year. As theories go, this one doesn't really seem too terrible. It's a nice number. Not too much, not too little. Should cover most unforeseen expenses, and would probably make life just a little bit easier. So many people I know have financial problems that contribute to their unhappiness, the breakdown of their relationships, or the necessity that they take jobs that they absolutely cannot stand, or it prevents them from doing something with their talents that would allow them to better give back to our society. For example, I wanted to work for AmeriCorps as an attorney after I finished law school, but because of my debt to income ratio, there was no way I could afford to take the job I was offered.

Teachers do not get paid enough. (I once engaged in a debate to the contrary with a teacher, but that was more because I was mad at my girlfriend at the time. I didn't know that when it all transpired, of course. I just knew that I was really annoyed and she had made a unilateral statement. The one thing I learned how to do in law school was rip apart a unilateral statement for fun and amusement. So to work I went.) We do not budget enough for our schools at all. We build parks and churches and stadiums and multi-million dollar opera houses, but we do not set aside enough for our children - you know the ones eating some of the worst food available in the U.S. on a daily basis. Mmm, school lunch does a body good.

It really bothers me when I drive around a new town, or even my own town, and I see beautiful ornate houses of worship and all sorts of governmental buildings and subsidized construction projects to make these amazing structures and then I drive by these dilapidated looking buildings with trailers as classrooms sitting outside of them. What the hell? I know the arguments for why these other buildings are more important than our schools or how they will revitalize the community - helping to generate more money for the city as a whole, and therefore generating more money for the schools. However, I just do not see it happening. Any additional money that is garnered is generally thrown into more pet projects and never makes it to the classrooms that so desperately need it.

Every teacher I know has worked their ass off to make things better for their school. Often shelling out thousands of dollars of their own money each year to make up for the gap between what they are given and what they actually need to educate our youth. All of this selflessness, generally, goes wholly unappreciated. Terrible.

The outsourcing of U.S. jobs, bugs the hell out of me. And what is the main company that has helped create this kind of culture? Well some might blame Wal-Mart, but it's more than just Wal-Mart. It's the people that shop there. However, at the point, it doesn't matter anymore. Almost all of the American manufacturers have been driven out of business.

I watched an entire documentary regarding the outsourcing of American manufacturing jobs. Wal-Mart changed the model by making it so that all of the manufacturers wanted or needed their product to be placed in Wal-Mart. As such, Wal-Mart was given the ability to tell them how much they would be allowed to charge for their products - reducing the price more and more. Eventually this had the effect of forcing manufacturers to look for cheaper labor overseas, and in some cases. In some cases, manufacturers said Wal-Mart even made the outsourcing of jobs a part of the overall deal to get their product placed in the stores.

The argument from The Cato Institute is that this outsourcing of American jobs should not be a concern because the jobs that are outsourced with better jobs. However, in a lot of the manufacturing towns that get the hardest hit, the only real jobs opening up are at the Wal-Mart's opening up, which do not often pay as much as the jobs that were outsourced.

I'll leave my rant on the U.S. Supreme Court nominee for another day.

Tuesday, January 17, 2006

Rumbling Within

When you've only eaten three bowls of cereal in three days, you know something must be wrong. Either that or you're trying to new Lindsay Lohan diet.

It all started Saturday afternoon. The morning was normal: gym, shopping, cleaning, organizing, etc., but my stomach was not amused by any of it. By late afternoon, it had shut down and refused to speak nicely to me any more. Soon I was running a fever, had a headache that just wouldn't quit and could barely move. I felt like I had been to Mexico, without enjoying the really good tequila. How unfair is that?

Sunday did not bring any relief, as my stomach remained on strike and my body was still shaking with the chills, forcing me to call in sick at 4AM on Monday morning, as I knew there was no way things were going to improve that dramatically in two hours. I did, eventually, force myself to eat cereal yesterday.

Today things aren't tremendously better as I'm dizzy, probably owing to my lack of food, and my stomach continues to make grumpy sounds at me.

For the life of me, I cannot think of what brought this on, as I hadn't eaten anything before this all started. In fact, the only thing I had ingested that morning was some water from the water fountain at the gym. So maybe my gym is like a little Mexico. All I know is that I will be very happy when I have my next full meal again.

Monday, January 09, 2006

Surprise, I'm Movin' Out

It was completely unexpected. I saw myself having nothing but a weekend of boring times ahead of me. A weekend of cleaning, straightening, and ironing out the kinks in my life. Then suddenly the invitation was extended, "Do you want to come see Movin' Out with us; we have an extra ticket?" Are you kidding? Do you know how much I love Billy Joel? Of course I want to go.

All I can say is Amazing. The dancing was just so impressive. There was such control in their movements and such absolute beauty. I continually asked myself, how much practice and training was involved in getting to this point in their careers. Plus, it was all set to the music of Billy Joel. Such an awesome way to spend a night. I had been wanting to go to a show that much fun for awhile, and then to be able to go to one unexpectedly, for free, and sit in the front row - so awesome.

I also managed to see an art show and take my friend out to dinner for her birthday and then have dinner the next night with some of her family. Plus, I found the time to experiment with my camera some more. Overall, it was a very filled weekend and much more fun than I had ever expected.

Friday, January 06, 2006

Y'all Ready for This

I'm often not ready to hear it. I know I asked for it. I know they are probably right, but I'm just not ready to hear it. But they tell me because I asked, and they know I will never hold it against them. Besides, usually, in the end, I end up understanding and accepting it.

I once explained a situation I was having to one of my best friends. She has always taken really good care of me and has looked out for me a lot. She's like my older sister, which I've never had. Her response was as follows:

"Sounds like she is immature and needs to figure this out on her own. I felt the same way about a guy I was dating once, and I just was not ready to accept a "nice" guy. It took me a while and finally I had to accept myself first before I could accept a "nice" guy. I don't think you should have to wait around for her to get to that point and by the time she is there, she probably still won't be able to accept you as the "nice" guy she finally goes for.

"Not the thought you want to hear, but I think it is better to be alone, than to be wrapped up in an unhealthy relationship. Some girls never come around and like to be treated like this always! My sister is a prime example!"

Today I received a phone call from another "prime example". She wanted to know if she should go back with the guy that screwed her over three other times, and how she could get the guy that hasn't called her back in a week to show her some attention.

"Well if he showed you attention, you wouldn't be interested would you?"

"No."

"So really, this guy is a genius, and is playing the game perfectly because, after all, you love a challenge. If this guy were just nice to you and called you back, you would think, 'Why is he calling me back? He must be desperate.'"

"Yeah.... I'm so tired of the game."

"Well, when you really get tired of it, you will stop dating the guys that treat you poorly for the challenge of trying to make them act differently and start looking for one that treats you well. However, I don't envision that happening right away, as you clearly can't stop thinking of the guy that hasn't called you back yet."

Wednesday, January 04, 2006

Festivities for the 05 Switch to 06

New Year's Eve was great. I went out with my best friend and her boyfriend. We went out to this family type event that was pretty boring, actually. They had an ice skating rink for the kids and a one hundred foot tree, as well as other various items of interest. We missed the fireworks display, however, because we were too busy toasting the new year inside the friendly neighborhood drinking establishment we discovered. I also made friends with the bartender and we got at least three rounds, including a small bottle of champagne for $20.00. Good times. (Incidentally, although I characterize the festivities as less than exciting, I did find out that two people got shot there that night. So I suppose it wasn't that tame.)

New Year's Day evening was also quite fun, as I found myself at my favorite piano/comedy club with at least 50 Penn State fans. Oh the madness that ensued. At one point, all the women had to flash the bar. Unfortunately, my friend's girlfriend didn't want him seeing any other woman's breasts. So she got right up next to him, and as a consequence me, and flashed him ... and me. It sucked, not because she isn't hot, but because she's my friend's girlfriend and there were all those young Penn State women I was hoping to see. Alas, you have to take what you can get ... er ... see.

I love my camera. I'm still learning how to use it, but I have to say that it is pretty much the coolest thing ever ... well maybe not as cool as an Acura with sunroof and XM satellite radio, but I ain't gonna complain. It's so cool to be able to take a picture and immediately see the results. I definitely need to travel more so that I can take more pictures.

Tuesday, January 03, 2006

Ending?

I have a 19 year old friend. She has an amazing body and is really nice, but man is her love life a train wreck.

At 9:21 last night, as I was growing impatient waiting for a phone call to be returned and cursing myself for having feelings for a woman, I received a text message from my friend. "He cheated on me..."

While this was upsetting news and I was extremely sorry to hear it, I was somewhat relieved, as I now had something to focus my attention on, other than my phone that was clearly not going to ring. Immediately, I phoned her. "What happened?"

"Well on New Year's Eve, we got into a big fight and I broke up with him and said I didn't want to see him anymore and to go call his skanky ass ex, and I guess he did. He didn't tell me about it, though. She did. She's lied about things in the past to try and break us up, but I know she is telling me the truth this time because she knew things that she could not have known about our fight and about a love letter she wrote him and where it was in his apartment." (She had snuck into his apartment in the still of the night to find the alleged letter exactly as described, and to find his apartment mysteriously clean.)

"But he wrote me this letter explaining what happened. It all makes sense when I read his letter." (His letter says that his ex, who would do anything to get him back, had come over and started cleaning his apartment and wouldn't leave. Not wanting my friend - who is also his neighbor - to think he was doing anything with her, he had left his ex at his apartment and went to his mother's place and his friend's. That's how the place had become mysteriously cleaned, and I guess the love letter was just planted.) "Well, ok, maybe I just want it to make sense. I care about him. I want to believe."

"You aren't Mulder."

"What should I do?"

"Are you serious? This is awesome. This guy is 32 years old, is dating a hot little 19 year old, cheating on her and she's calling me trying to figure out what she should do? This guy is a genius."

"Well when you put it that way, it sounds kind of terrible."

As we talk, the pieces start falling into place. He has been doing cocaine, and his friends and ex do cocaine. He's just recently back from rehab, after he got fired from his last job for failing a drug test - claiming it was just marijuana, but who knows. She likes him because he treats her badly and this is more of a challenge than some guy that is just nice to her. "In fact, if he just does what I tell him to do, I totally don't respect him. The worse he treats me, the more I want him." She could be the poster child for the majority of women I have dated or liked in my life. "You should just be an asshole to women from now on, J. That's what we like. It sounds fucked up, and it probably is, but it's the truth."

"You cannot stay with him. I mean, you can, but not only is he dishonest, he's a drug addict. You used to do drugs, you know how destructive they are. It's going to tear apart everything. However, I know you are going to stay."

"He's not an addict. He's only ever done coke the three times I caught him." (They've been dating about three months. Better still, he's been speaking of proposing to her. Scarier still, she would accept.)

"How do you know?"

"I can tell."

"You don't even know who is sleeping with and you're trying to tell me you know when he is doing drugs?"

"I know. I just want to make the right decision, but I don't think I'm strong enough to make the right decision. I didn't used to be like this. I used to date decent guys. I swear, women all start out good, and then we get our hearts broken and we end up as damaged goods."

"I'm told some women grow out of it."

"I sure hope I grow out of this."

Another call comes through on her end. I wait as she checks call waiting. "J, it's my best friend. She says if I don't talk to her right now, she is going to call her loser ex and she doesn't want to do that. Let me call you back."

"Good luck."

So at 1:09 in the morning, I received a follow-up phone call. She had conclusive proof of who had been lying to her. My question to all of you is, do you think it was the cocaine addict ex girlfriend who is extremely jealous and would stop at practically nothing to get her man back or was it the drug addict boyfriend, recently out of rehab, and swearing that he is trying to turn his life around?

I'll give you a hint - she was taking him back.
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