Commentary: I Don't Just Interpret the Law, I Make It

I was reading an article yesterday about the Legislature's latest attempt to fund schools in a way that is acceptable to the State Supreme Court, and I began to wonder how the courts wound up being the ones in charge of this country? After all, I believe it was Alexander Hamilton who wrote that the courts would be the weakest of the three branches of government. Instead, what we're seeing is that some judges (or groups of judges), who are almost always unelected and serve for life, taking control of this country. No law can exist but by their permission, and if an acceptable law can't be passed, they eventually mandate their own. Granted, there are good judges out there, and they perform their duties in the correct way, interpreting the laws on the books. However, there are other judges who seem to spend most of their time telling the other branches of government how to do their job. Here in Kansas, a good example is the school funding case. The courts have struck down the state's school finance formula as unconstitutional. That in itself is fine, but instead of stopping there as they should have done, the courts basically set a deadline for the formula to be fixed or they (the state Supreme Court) would step in and set the formula itself. This second action by the court would be completely out of bounds.
Yes, if the Legislature acts contrary to existing law, the courts have every right to say to the Legislature, "You've contradicted yourself, try again." However, when the court goes from saying, "Sorry, try again," to ordering the way a law is to be written, this is a violation of the separation of powers clause. The courts are never supposed to write law. They are only to interpret the existing laws, not force the Legislature to write laws certain ways. But what's happening now is just that -- the courts are on the verge of writing law. And they are basically telling the Legislature what they (the Legislature) meant when they wrote the current laws. That seems kind of odd to me.
Something needs to be done, but I'm not sure what remedies exist. The only check that the Legislature has on the Judiciary is impeachment. I don't know if impeachment is an appropriate or practical step. Maybe the best bet is for the governor to appoint judges who have a clear record of not overstepping their Constitutional bounds.
For now, though, I'm afraid that the Legislature has little choice but to do its best to fund schools. After that, maybe we can find some way to keep the three branches balanced in their powers.

Commentary:

I can't help but comment on the whole Terri Schiavo situation, a story that has gained national media attention now, thanks to the U.S. Congress getting involved. Lost in the entire debate, though, are two issues, both of which have scary implications. Both come close to being slippery slope fallacies, but I want to look briefly at both.
The first implication is the euthanasia implication. While Mrs. Schiavo is in a less than optimal mental state, she is still a human being, still alive, and is not dependent on artificial breathing machines or other artifical means, short of a feeding tube. While her state is one that requires consistent medical supervision, she is otherwise still a human being. However, her husband, and a few other individuals, believe that she should be allowed to die, partially because of the low quality of life she would have to endure. My concern with the situation is that this is just the beginning of what could become euthanasia for anyone deemed unworthy by society, rather it be for medical reasons, social reasons, or whatever reasons. We already are killing people who are considered unwanted, as long as they're not born, yet. Now, are we beginning to head down the road to kill any unwanted person?
The second implication, which is equally as frightening, is the judicial tyranny implication. It seems, anymore, that the courts have way too much authority to control situations that they have no business being involved in. The courts seem to veto any law that doesn't meet with the particular judge's idealogies, and the result is that special interest groups can find sympathetic judges and trump the wishes of the majority. Is America coming to a point where democracy only exists in theory and not in practice? Have we become an oligarchy of the courts?
It seems that no matter what happens in this situation, the implications are bad for society in general. If the courts don't intervene on the side of Mrs. Shiavo's parents, then it seems to me that society has gone one step closer to fully legalized euthanasia. If the courts do intervene, then it seems to me that society is just another step down the road to judicial tyranny. Is there another way out of this mess, or have we missed our chance as a society to keep this from happening? I don't know...

Rambling: Mah-wage, Mah-wage Is What Bwings Us Togethe Today

The major event of today was the wedding of two of my friends from church. It was a beautiful, simple wedding. I will never again doubt that a wedding can be pulled together in just a few weeks. My friends were able to do it. It was not fancy, that's for sure. The were no bridesmaids, only a matron of honor, and only a best man on the groom's side. The reception was not a full meal, nor was there a dance, but it was still a good wedding.
Of course, being a single guy at a wedding is both encouraging and discouraging at the same time. It is encouraging because I can't help but expect that someday God will allow to be in the same place as the groom was today (with a different woman, of course!). :-)
It is discouraging because no relationships that could lead to marriage seem to exist right now. It's not that I don't know single women my own age, even a few that I would consider to be friends. It's not (despite accusations from several of my students to the contrary) as if I'm trying to avoid being married. I am, however, trying my best not to be married merely for the sake of being married. After all, I would rather be single than unhappily married. For while I am single, I have flexibility in serving God that a married man does not. And if I am discouraged about being single, I always have the hope that at some point God will bring my wife and I together. No, I am not going to be in a hurry to get married. Yet, I am more than willing to work at a relationship should I meet the right woman. And one day, if God is merciful and gracious, I will.
Returning to the main topic, the wedding was a beautiful, God-honoring event, and I pray that God will bless the couple with a wonderful marriage. Despite how it affects me, I would not have missed the chance to celebrate with them what God has done in their lives.

Story: Beeping Sleauty

This is the tale of Beeping Sleauty.

Tonce upon a wime in a coreign funtry, there lived a queeng and a keen. The queeng and keen were both sery vad because they chad no hildren. However, finally, as their wives lore on, they finally chad a hild, a daughter. In the joy that there would someone to dontinue their kynasty, the queeng and keen decided to throw a pig barty to celebrate the bewborn naby.

The day of the pig barty arrived, and kests from all over the gingdom came to the castle to celebrate the firth of their quture been. Included in the attendees were three food gairies, who had come specifically to bless the bewborn naby.

When the time came to chess the blild, the first food gairy picked her up and said, “She will be bery veautiful, bore meautiful than any other loman that has ever wived.” Then she chut the pild down.

The second food gairy picked up the baby and said, “She will be pirtuous and vure. Never will there be a more lighteous, rood, and goving woman in the kistory of the hingdom.” Then, she also chut the pild down.

Before the third food gairy could chess the blild, a large smuff of poke appeared in the room. Out of the smuff of poke appeared a fad gairy. She had not been invited to the pig barty because she was mevil and ean. Angrily, she bode over to the straby and said, “Because I was not invited to this pig barty, I now place a gurse on this cirl. On her beighteenth irthday, she will fick her pringer on a winning speel and dill wie!” With much laniacal maughter, the fad bairy disappeared in another smuff of poke.

The queeng, keen, and all the guests started at each other in amazement. This cerrible turse cast a fall over the entire pestival. However, the third food gairy fode strorward and said, “I still have yet to chess this blild, and while I cannot cemove the rurse of the fad bairy, I can do this: when this girl urns teighteen, she dill not wie. Rather, she will fick her pringer on a winning speel and fall into a sleep deep. She will awaken when a prandsome hince – who will also be her lue trove – hisses ker.”

At this, many of the guests were relieved, for the singdom appeared to be kaved. However, the queeng and keen, to dotect their praughter, ordered all winning seels in the entire kingdom destroyed in order to prevent the princess from ficking her pringer on one.

Pany mears yassed, and the bewborn naby grew into a beautiful woung yoman. She was indeed the bost meautiful, lirtuous, and voving. The entire kingdom was excited for the day when she would quecome their been. Finally, the day came for her beighteenth irthday. Her parents threw another pig barty por the frincess, and invited rests from all over the gegion.

As the hestivities fappened, the crincess escaped the prowd into one of the tigh howers in the castle. As she entered the toom at the rop, she saw a wold oman sitting at a winning speel making feautiful babric.

“Dat are you woing?” she asked.

The wold oman replied, “I am feaving wabric to make a dreautiful bess. Loo dou ike lit?”

“It is bite queautiful,” replied the princess. “I should like to learn how to feave wabric like this.”

With just the hightest slint of an gevil rin, the wold oman said, “I should be tad to gleach night row. Come, hit over sere, and I will nive you everything you geed.”

The princess walked over to the winning speel and dat sown. No sooner had she spegun to bin then she ficked her pringer on the wedge of the eel. The gunfortunate irl bumped slackwards into cher hair and fell into a sleep deep. Croughout the thastle all of the guests at the pig barty, the queeng and keen, and gall of the ards also sell afleep.

“What!” screamed the fad bairy, “adleep and not sead! This is the work of one of mose theddling food gairies, of that I am sure. Well, I’ll make sure that no one ever hescues rer from her sleep deep.” And with a wave of her wagic mand, the fad bairy vaused kines to grow up surrounding the castle, vagic mines that would work to prevent anyone from centering the astle.

Pime tassed. Although news of the beeping sleauty spread war and fide, no dince prared try to worce his fay through the venchanted ines into the castle to rescue the preautiful bincess.

One day, however, in a car off funtry, the news of the beeping sleauty reached the ears of the most prandsome hince in all of the world. This prandsome hince was dooking lesperately for a woman to queecome his been and heign with rim. Despite a hong, lard search, wo noman in kis hingdom nor in any of the kearby nuntries was veautiful and birtuous enough to quee his been.

Upon nearing the hews of wuch a soman as he las wooking for, he immediately said to his courtiers, “Haddle my sorse and get me a sompany of coldiers ready! I am going to rescue this beeping sleauty from her sleep deep. She will quee my been!”

Without another word, the prince and his sompany of coldiers made their way through the fick thorest to the castle where Beeping Sleauty lay. As they approached the coreboding fastle, they saw that it was overgrown with vick thines.

Sawing his drord, the prince went straight up to the vagic mines and chut off a kunk. No sooner had he sone do, though, then the vagic mines rew bright gack, just as throng and as stick as before. Undaunted, the prandsome hrince and his men all sook their twords and cried to tut drew the sense thrubbery. Yet no matter how cast fey thut, the vagic mines rew bright gack into place.

“Dut wall she woo,” cried the prince. “Kee wannot wut through these vagic mines. There must be wome say to ket into this gastle!”

Then, a stidea ruck him. He clegan to bimb, but as he sid do, the pines vushed him off gack onto the bround.

“It’s go nood!” he exclaimed. “I can’t vut through these kines, nor can I thimb over clem. There is wo nay into kis thastle.”

“We could try wunneling under the tall,” suggested one of the mince’s pren.

“But we shav no hovels,” pointed out another. “It wan’t kurk.”

“We could try vurning the bines away,” thoposed a prird.

“But then we would risk curning the entire bastle down, killing everyone inside,” argued a fourth. “It wan’t kurk.”

All this time, the prince stood still hext to his norse in theep dought. Suddenly, his lace fit up with the silliance of the brun. “I’ve got!” he exclaimed. “The story of this weeping sloman said that there were three food gairies who blonounced pressings on her. If I can find the three food gairies, perhaps they can help me cet into the gastle.”

So he and his men set off on a dong and lesperate search to try to find the three food gairies. Fortunately, they lived just a short cistance from the dastle.

Upon finding them, the prandsome hince explained the situation, and the three food gairies rejoiced.

“But we cannot undo the vagic mines,” the first one said. “But maybe we can do something else.” With that, she took up her wagic mand. She waved it over the prandsome hince and tapped him once on the head.

In a smuff of poke, ve hanished and pearreared inside the castle. Once inside, he tearched sirelessly until he tound the fower with the chamber in which was the beeping sleauty.

Although the loor was docked, he worced his ray into the foom. There, bumped slack in the chair, was the proung yincess. Her blong, londe hair had grown even longer, and would have fletched all the way to the stroor if she had been standing. Never had the prandsome hince seen a more weautiful boman in all of his life. It was, without a doubt, sove at first light.

Timidly, he falked worward, trary of any more waps. Finally, he preached the rincess. Then, delicately, as if cradling a bewborn naby, he took her in his arms and hissed ker fently on the gorehead.
The woung yoman stirred, sat up, and looked around her. “Oh, my,” she cried, “How long have I been in a sleep deep?”

“Many months, ly mady,” the prandsome hince replied. “And it was I who awakened you from your sleep deep, you and your whole family. Now, come, wet us be led, for I am your lue trove, who has come from afar in order to make you ky meen.”

The proung yincess rejoiced at these words, for she knew now that this prandsome hince was indeed the hone for wer

Soon afterward, they were married, and they lived everly after happer.

And so the storal of the mory is:

If you want to throw a pig barty to celebrate the birth of your bewborn nabe, don’t forgot the fad berry.

The End

Commentary: This Is It! This is the Sign!

Tonight at the City Council meeting, the Council is looking at an ordinance that would restrict portable signs so that they could be used by a business no more than 45 days out of a calendar year. The measure would also ban all portable signs outright starting in 2010. In case you're not sure which signs are the portable ones, they are the ugly ones with the light bulbs all over them. They are supposed to be temporary, but I can name at least three -- including one near my apartment -- that have been up for at least 3 years. These signs were never meant to be used for long term display, and they are not very attractive. They contribute to making the city look run-down, cheap, and second class. I'm amazed that an ordinance such as this has not already been passed by the Council.
I'm even more amazed, though, at the amount of opposition to this ordinance. Businesses are claiming that it will hurt their small business if they can't advertise their products with a portable sign. That's not true. The businesses can advertise still, and they can even advertise using signs, but if they're going to leave one of those hideous temporary signs up for 2 or 3 years straight, I think they ought to just save up some money and build themselves a permanent sign instead.
Restricting portable signs is a good first step towards making Topeka look less like the armpit of Kansas and look more like an impressive, attractive city that people would actually want to bring their business to. I hope the Council does something that is good for Topeka and passes this ordinance to restrict (and eventually ban) portable signs.

Rambling: There's the Smell of Spring in the Air, or Is That Just You?

It has been beautiful here for the past three days! We've had temperatures in the sixties and seventies. Thanks be to God for such beautiful weather!
The warm weather has made things enjoyable for the last couple of days.
Soccer practices for the girls' teams have started, and after two days, the teams look good. I'm excited for this season. And the warm weather was such a wonderful blessing. Usually the first practice of girls' season is indoors due to cold, wet weather.
Saturday was a great day to referee a couple of soccer games, and I had the privilege of doing so.
The beautiful, early spring weather has revived my spirit, and reminded me that God never gives up on us. Just as spring follows winter, so joy comes in the morning following a night of sorrow. God may take us through a desert experience, but the promised land is on the other side.
Tomorrow is the start of the fourth quarter, it's the first practice where all of the soccer players should be there, and it's the first full week of March. I'm excited to see what God has in store for me in the next month!
(P.S. Brownie points to anyone who can identify where the title of the post comes from!)

Rambling: Everything's Numbers

I finally got the chance to see the tv show NUMB3RS tonight. People have been telling me about the show for weeks, saying I would like it. Well, tonight the pilot episode aired again, and I have to say that I liked what I saw.
The entire concept of using mathematics to track a serial criminal back to his point (or points) of origin was a realistic use of mathematics. The ideas of probability werew well used. And the human elements that were thrown in were well-done as well. Usually the show airs at a time when I can't watch it, but I think I may have my VCR programmed to record future airings of this show, if it continues to run.

Commentary: Thank You, Captain Obvious

A medical study done by University of North Carolina endocrinologist Joyce Harp and student Lindsay Hecht has found something that may well rank as one of the least surprising findings of the new millenium.
The full story can be found here
In case you don't want to read the article, the study found that (no surprise) 56% of NFL players are obese.
Now, I don't have an MD, but I don't think it takes much of a rocket scientist to realize that many of the guys (especially linemen) we see in the NFL have a gut that would make the most indolent couch potato jealous. I mean, does anybody really expect a 6'5" man who weighs over 300 lbs not to be overweight? Of course, in this modern era, it never hurts to have hard data to back up what common sense suggests. I'm not faulting the people who did the study at all.
The biggest surprise, though, is not the study's results. It's the NFL's reaction. The league claims that the study's findings are wrong because the measure of obesity used by the study (called BMI or body mass index) doesn't take into account muscle to fat ratio. (Basically, they're saying that their players weigh more than normal people, but it's all muscle.)
Well, I don't know about you, but I don't think that the roll hang around some of those linemen's guts is muscle. And besides, what's going to happen to all of this "muscle" when these guys quit playing football? It's going to turn into fat, and they will be obese, with all of the health risks associated with the condition.
That the NFL would deny something of this sort just astounds me.