xtitsx: (Default)
( 13 Sep 2017 06:08 pm)
there was no school last Monday because it was a holiday.
Labor Day or Memorial Day, i never know the difference.
i got to have a three-day weekend, Sunday, Monday and Tuesday, which was nice, though i still had a buttload of homework that needed my attention.

my alarm went off at 8:36 Wednesday morning, eleven minutes later then it was supposed to because some dumb thing went wrong.
which meant i didn't have time to sit in bed and cuss at the world like i like to do, i had to jump right up and start my morning.
i ate a NatureMade bar for breakfast, brushed my teeth, had a shit and got dressed.
i make sure to put on a different t-shirt then the one i wore to my last class, so my classmates know i own more then one shirt, which is an important part of being professional.
then i kissed the Monster and the PSE good bye and left them to continue sleeping all day and went out to the parking lot to get the TITScycle started.
the TITScycle did not start.
i pressed the starter button but it immediate died out. i tried revving the engine a bit but it wasn't enough to catch.
i thought maybe my problem was that i was out of gas though, that didn't seem right.
most motorcycles don't have any way of indicating when you are low on gas, you're just supposed to keep track of your millage and i was only at 65 miles since i last filled up.
i didn't have time to fuck around with the TITScycle, though, so i got into the TITSwagon and drove off to school.
which is fine. the TITSwagon is a fine and proud automobile, but now i've got another problem i need to worry about when i get out of class.

in Constitutional Law we got to talking about the Commerce Clause which is basically a permission slip for the Federal government to do whatever the fuck it wants.
the Constitution gives the Federal government the power to “regulate Commerce with foreign nations, and among the several states, and with the Indian tribes” in Article 1, Section 8, Clause 3 but, of course, what the fuck isn't interstate commerce these days?
back in the eighteenth century interstate commerce was a huge deal because most people lived and died within the same five mile patch of dirt but now-a-days with the Eisenhower Interstate System and the fucking internet it is hard to find anything that doesn't touch interstate commerce in some way or another.
and historically, the Courts have been very liberal in their interpretation of what touching interstate commerce entails.
the Civil Rights Movement of the 1960s is largely predicated not on the Courts recognizing the basic humanity and dignity of Black people, not even really on the Equal Protections and Due Process protections of the 14th Amendment, but on the Commerce Clause.
hotels and restaurants and businesses cannot discriminate against Negros because it would put a damper on interstate commerce if they aren't allowed to move about unimpeded.
i guess that makes sense if you're willing to squint at the definition of Interstate Commerce.
i mean, it's great and all that the Civil Rights Era happened, and if that's how the Courts saw fit to make it stick then, well, it was worth it, but it sure does take a bit of legal gymnastics to get there.
i asked the Professor “what if you own a motel and you hang up two signs in the lobby, the first one reads 'we absolutely refuse service to any out-of-state customers for any reason. we do local business only' and the second that reads 'we absolutely refuse service to Blacks and Jews' could they do that?”
the Professor said no, they can't, but she wasn't really clear on why.

it wasn't until 2000 that the Supreme Court started to put the breaks on the Federal Government's power-grab saying that a kid possessing a gun in a school zone didn't have shit to do with commerce.
he wasn't trying to sell a gun, he wasn't trying to rob a bank, he just had a gun in a school zone and there isn't any commerce there for the Feds to regulate.
a few years later the Court decided that sexual assault wasn't Interstate Commerce, either.
sexual assault is a problem, sure, but for the Federal government to try to regulate it by calling it Interstate Commerce is just plain hubris.

after the Commerce Clause we started talking about the Dormant Commerce Clause.
if the Commerce Clause is the Federal Government's license to regulate pretty much whatever they want, the Dormant Commerce Clause is all the stuff that's left over that they still theoretically have the power to regulate, but haven't yet.
we talked about the Federal Government potentially regulating the size of airline seats which is something they haven't done yet, but they could.
i would like the Government to mandate airline seats be more comfortable as much as anybody but, it seems nuts to me that interstate commerce can be served by legislating seat width.
it all comes down to the Commerce Clause, though.
just because the government isn't doing it yet doesn't mean they can't or they won't in the future.
the Professor ended class by saying that if they wanted to, the Government could set price controls for college text books or cars or any other consumer good that people might want cheep or free.
that got me and a couple of other guys all riled up.
which is ironic because i'm a huge fucking Socialist, i fucking love price controls, but there is a thin line between keeping runaway Capitalism in check and State-sponsored coercion.
after class, as everybody was packing up their books i asked the Professor if price controls could be challenged with a 13th Amendment argument.
she shot me down quick. “no, slavery is slavery. this is regulation.”
i guess she's right, though, the fact that there are no real restraints in place to keep the Government from telling people they must make something and sell it at a certain price is kind of a problem.

after class i went down to the library in the basement to kill the hour and a half before my next class.
i spent forty-five minutes working on homework for my Post-Conviction Actual Innocence Claims class then twenty minutes eating the lunch the PSE had packed for me.
the PSE makes a huge deal about how she doesn't want to make me lunch for school and how i'm such a fucking asshole for wanting her to make me lunch for school but when i woke up Wednesday morning, there was lunch waiting for me in a sack with my face on it in the refrigerator, so, thanks, PSE!
i ate a peanut butter and jelly sandwich and a cara-cara orange, then went back upstairs.
after depositing my stuff in my classroom, i went an checked the student cafeteria like i always do to see if there was any food left over from any lunchtime meetings that might have happened.
sure enough, there was salad with assorted dressings and a tray of sugar cookies.
i filled up a plate with both, then went to my Civil Procedure room to shovel lettuce in my mouth while i waited for class to start.

in Civil Procedure we talked about Transient Jurisdiction which is where a court can exercise jurisdiction over a person, even if they are just passing through their territorial borders.
if they come to the state to visit their kids, or if they are on a layover on an airplane or if their dog gets loose on one side of the state line and they have to chase it into another, if a process server can catch them, the forum state can have jurisdiction.
we talked about a case where somebody was trying to sue Radovan Karadžić for crimes against humanity.
in case you don't have Radovan Karadžić in your collection of genocidal warlord trading cards, he was the trained-psychologist-turned-political separatist who tried to create a breakaway Serbian state during the Yugoslav wars.
not Serbia, a different breakaway Serbian state in Bosnia, because i guess having one just isn't enough.
as President of the self-declared Republic Srpska, Karadžić's plan to get a second Serbian ethnostate involved a lot of murder, torture and raping Muslim women.
at some point in the mid-90s, here in America, some former victims of Karadžić's rape-troops tried to sue him in a New York court while he was in town on United Nations business.
the Court held that if Karadžić had stayed confined to the area immediately around the United Nations he would have been protected by his diplomatic immunity but because he strayed a few blocks into Midtown to shop for sunglasses and treat himself to a Sbarro, transient jurisdiction applied.
i can't remember how that case worked out but i know Karadžić ended up going on the lam for the next decade, working as a new-age healer in Belgrade before ultimately being discovered just a year or two ago and hauled off to the Hague.
anyways, that's Transient Jurisdiction.

i had another class on Wednesday, Legislation and Regulation, but clearly we're out of time today to get into it.
stay tuned tomorrow!

//[ab irato ad astra]

October 2017

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