Dagger in hand |
|
A man of prodigious fortune, coming to add his opinion to some light discussion that was going on casually at his table, began precisely thus: "It can only be a liar or an ignoramus who will say otherwise than," and so on. Pursue that philosophical point, dagger in hand. --Michel de Montaigne, Of the art of discussion. Stab back: cmnewman99-at-yahoo.com Home
Archives
Oriana: la sibilla eremita The Sage of Baltimore: Browbeating the booboisie. Reason: As in voice of. Lileks: Il miglior fabbro Volokh: Dean of Kozinski clerks Olympia: I read her only for her literary qualities. Really. Say it isn't so!: Do you think it's the lumpy oatmeal? Our girl Jane: Keep em flying, Miss U.S.A. My man Baruch: Amor dei intellectualis. Hubba hubba. Scrofula: With a name like Scrofula, it has to be good. The Idler: No frills. IJ: Fighting the good fight. ACLU: Good when they remember what the L stands for. Yourish: Meryl smash. Heidi's letters: I think she does reprisals, too. Her pinkness: Each time she falls she shall rise again! And woe to the wicked! In Context: Lynn provides it. Andrea: One spleen to rule them all. Still Waiting: Don't believe the hype. The Droll Weevil: Posts, pedantry, and pie(?) Perugia: Second home. Craven Road n.7: His name is Dog. Dylan Dog. Tom Bell: Internet law, online where it should be. Just the place for a snark: I've told you but once, but it's true. Greed is Good: And doesn't look too shabby in a T-shirt, either. Translator's Buddy: Didn't have "gliridi" though. CGFA: Favorite source of desktop material. Fallacies: Check yourself. Cosmo for men.: Implementing our equal right to feelings of inadequacy. Caplan: Visit the Museum. There's just one hitch: But it's a good one. Samizdata: Libertarian lexicographers. Unqualified Offerings: But quality assured. She is Wendy: Hear her roar. The Divine Blogroll: Entrate, che troverete speranza. Like the corners of my mind: Read it and weep. Aziz: Providing perspective. IJTIHAD: The future of Islam. I hope. Himishi: Where I acquired that raw fish addiction. My generous sponsors Alan Moore: Quis custodiet? Spoonerism: A blushing crow to tyranny. The Onion: Scary thing is, they're not far off. ScrappleFace: More important news. Day by day: Trudeau Schmudeau. Fumento: Brockovich Crockovich My alma mater: Not basketball. Croquet. The Capitol Steps: providing their fodder is the government's only indispensible function Randy Andy: Get used to it. Vasco Rossi: When they're in Italy, the Stones open for him. The Shadow: Useful counterpoint. Italiani liberi: Dr. D. Vider's Italian minions. Friendly Neighborhood Sinners: Swim the warm waters. Yuppies of Zion: The blog with two backs. Hobbit's repast: I'm partial to onesies, myself. The Friesian School: going Diderot one better Head spinning?: They can help. Looking sinister: Brian is watching. Murray's ghost: Stalking the state. Hell, no.: So anti it's not always clear what they're pro. Bureaucrash: takin' it to the streets Joe Cartoon: Indulge your inner 12 year old boy. There's a light: Rand sans droid. The Fake Detective: Rescuing damsels in dis-dress. Stromata: Amazing how much good stuff some people leave just lying around. The VRWC: Conspiring at a law school near you. The VLWC: Practicing the sincerest form of flattery. Corriere della Sera: Haven't sued me yet. Who am I?: Che ti frega? |
Friday, January 21, 2005
When the doodoo hits the Fanfan. Alright, I sent this query to some of my friends in academia and haven't received any enlightenment yet. Is there any to be had? Pages 13-14 of the Stevens majority opinion in part (not to be confused with the Stevens dissent in part) explains to us how the 6th am is about protecting us from "judicial despotism," and says I have the right, before being deprived of an extra ten years of my liberty, to have the fact which provides the basis for adding those ten years submitted to 12 of my "equals and neighbors," rather than just to some "lone employee of the State." All of the Supreme State Employees, however, apparently regard it as undoubtedly true (p. 8-9) that "when a trial judge exercises his discretion to select a specific sentence within a defined range, the defendant has no right to a jury determination of the facts that the judge deems relevant." So it's "judicial despotism" if a judge is required by Congress to add 10 years--no more, no less--to my sentence if he determines that I had another 566 g's of crack that the jury never heard about. But if Congress just tells the judge to sentence me any way he deems reasonable (say, a "defined range" of 0-1200 months), and the judge decides all on his own to give me an extra 10--or 20, or 50--years in the clink because of those same 566 g's that the jury never heard about, this is not judicial despotism, and would be perfectly constitutional. As far as I can make out, there's no Sixth Am requirement that Congress prescribe sentences at all. They could just define crimes, and let judges make up sentences as they went along. What am I missing here? |