First blog post

Everyone bloggy. Now you (me) bloggy too.

I have no idea what this blog will be about. Musings on politics, sports, books and life in general, I imagine.

Pretty broad, eh?

By the way, I am extremely proud of the URL for this blog. "Moebius Dick". What does it mean? Is it a literary reference? A topological reference? An anatomical one? You decide.

Random musing of the day: "Strict constructionist". A lot of people claim that they are "strict constructionists" with regard to the Constitution, meaning (among other things) that so-called non-ennumerated rights should not exist. Primarily this argument comes up in the anti-abortion debate.

Sidebar: This is not an abortion post. This is not an abortion post. Please do not make this an abortion post.

End sidebar. While the existence or advisability of particular non-ennumerated rights is certainly a valid debate, I don't see how anyone can take the position that no rights beyond those explicitly listed in the Constitution exist, and still call themselves a "strict constructionist". The Ninth Amendment seems to say that such rights must exist, if the language therein is strictly construed.

Similarly, many who identify themselves as strict constructionists deride justces for "legislating from the bench". I disagree with this accusation in many cases as well. Article III is very clear (IMO) that Federal judges under that Article have the final say with regard to the meaning of the Constitution and Federal law. If Congress doesn't like the application of a law, they are free to change it. If they don't like the application of a Constitutional provision, well, tough. The Constitution (and particularly the Bill of Rights) is meant to be a limitation on the power of the majority.

"Well", goes the standard response, "that's all well and good, but it doesn't mean they can go beyond the language of the Constitution". I agree, to a certain extent. However, the Constitution is intentionally broad in some areas (see, for the most blatant example, the Ninth Amendment above). To quote a friend of mine, "the Constitution kicks the can down the road". It does not attempt to be all inclusive, because, as drafted, there are individuals who can take care of specific applications.

Judges.

A judge shouldn't kick the can back.

Website of the day: Best Workouts Ever