Wednesday, February 8, 2012

Pre-game

Hearing on Barbour pardons is tomorrow at the Mississippi Supreme Court. If you want to read some of the briefs filed, NMC posted them over on his site.

9 comments:

Anderson said...

After your NCAA Championship and Super Bowl picks, do you feel like calling this "game," KF? ;)

KaptKangaroo said...

Anderson, I'm going to take a stab. Haley wins. Executive powers and separation of state and your earlier point of discussion around the lack of ability to even involve the judiciary in this mess.

I'm not a lawyer, but I do know that this is a complex cluster fock.

I've discussed it ad nauseum with many and while the emotion is certainly valid, the absolute intention of "separation of powers" is tantamount to any emotional argument that might arise. Oh, then there is the political aspirations that are on the line in pursuing "free media."

Anonymous said...

Does the Constitution say anywhere that the governor's pardons are subject to judicial review? Is that power granted to the Judiciary anywhere? Is it stated somewhere that failure to follow the 30-day notification provision is grounds for revoking the pardon?

Anonymous said...

Nope.

Anonymous said...

The answer to all 3 9:35 questions is no.

Similarly, the Constitution does not say anywhere that familiar constitutional provisions (such as the right to keep and bear arms) or less familiar provisions (such as the prohibition on taxing foreign insurance companies for more than domestic insurance companies) are judicially reviewable when violated. Those sections (and pretty much every other provision in the constitution) does not say what the specific remedy is when the section is violated.

If all guns are outlawed or State Farm is taxed 100X more than MS Farm Bureau, is it even fairly debatable that the courts are powerless there?

Anonymous said...

From over here on the sidelines, seems to me the issue is whether or not the Constitution or law were followed....not pardons, the pardon process, the guvs right to pardon or who wants who to stay in jail. Even a governor, choke choke, is subject to judicial review when it comes to following the law, wouldn'cha think? What's that old saying?..."No man is above the law".

As we speak, the national Supremes are reviewing actions of the unelected King. Surely Barbour can have his own actions reviewed.

KaptKangaroo said...

Nice try 11:19PM...

We are talking about the powers of a branch of government, not individual rights (including corporations b/c they are people now too).

Shadowfax said...

Kapt: I'm no lawyer either but disagree with you. It's not about whether one branch of government has the authority to unilaterally veto or kill-off the actions of the others; but, whether the law has to be followed by any of the several branches. And if there is a branch to review whether the law was followed, who else but the judicial can perform that function? If I understand your premise, you are suggesting no other branch has a right to review the governor's actions. Is that your final answer?

KaptKangaroo said...

You are making a broad conclusion. I am speaking specifically to the Executive Pardon, much like the President uses the Executive Order. If you want to broad brush a complex issue due to lack of understanding, I can understand.



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In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


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This is definitely a Beaver production.


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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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