Brer Rabbit meets a Tar Babyretold by S. E. Schlosser
Well now, that rascal Brer Fox hated Brer Rabbit on account of he was always cutting capers and bossing everyone around. So Brer Fox decided to capture and kill Brer Rabbit if it was the last thing he ever did! He thought and he thought until he came up with a plan. He would make a tar baby! Brer Fox went and got some tar and he mixed it with some turpentine and he sculpted it into the figure of a cute little baby. Then he stuck a hat on the Tar Baby and sat her in the middle of the road.
Brer Fox hid himself in the bushes near the road and he waited and waited for Brer Rabbit to come along. At long last, he heard someone whistling and chuckling to himself, and he knew that Brer Rabbit was coming up over the hill. As he reached the top, Brer Rabbit spotted the cute little Tar Baby. Brer Rabbit was surprised. He stopped and stared at this strange creature. He had never seen anything like it before!
"Good Morning," said Brer Rabbit, doffing his hat. "Nice weather we're having."
The Tar Baby said nothing. Brer Fox laid low and grinned an evil grin.
Brer Rabbit tried again. "And how are you feeling this fine day?"
The Tar Baby, she said nothing. Brer Fox grinned an evil grin and lay low in the bushes.
Brer Rabbit frowned. This strange creature was not very polite. It was beginning to make him mad.
"Ahem!" said Brer Rabbit loudly, wondering if the Tar Baby were deaf. "I said 'HOW ARE YOU THIS MORNING?"
The Tar Baby said nothing. Brer Fox curled up into a ball to hide his laugher. His plan was working perfectly!
"Are you deaf or just rude?" demanded Brer Rabbit, losing his temper. "I can't stand folks that are stuck up! You take off that hat and say 'Howdy-do' or I'm going to give you such a lickin'!"
The Tar Baby just sat in the middle of the road looking as cute as a button and saying nothing at all. Brer Fox rolled over and over under the bushes, fit to bust because he didn't dare laugh out loud.
"I'll learn ya!" Brer Rabbit yelled. He took a swing at the cute little Tar Baby and his paw got stuck in the tar.
"Lemme go or I'll hit you again," shouted Brer Rabbit. The Tar Baby, she said nothing.
"Fine! Be that way," said Brer Rabbit, swinging at the Tar Baby with his free paw. Now both his paws were stuck in the tar, and Brer Fox danced with glee behind the bushes.
"I'm gonna kick the stuffin' out of you," Brer Rabbit said and pounced on the Tar Baby with both feet. They sank deep into the Tar Baby. Brer Rabbit was so furious he head-butted the cute little creature until he was completely covered with tar and unable to move.
Brer Fox leapt out of the bushes and strolled over to Brer Rabbit. "Well, well, what have we here?" he asked, grinning an evil grin.
Brer Rabbit gulped. He was stuck fast. He did some fast thinking while Brer Fox rolled about on the road, laughing himself sick over Brer Rabbit's dilemma.
"I've got you this time, Brer Rabbit," said Brer Fox, jumping up and shaking off the dust.
"You've sassed me for the very last time. Now I wonder what I should do with you?"
Brer Rabbit's eyes got very large. "Oh please Brer Fox, whatever you do, please don't throw me into the briar patch."
"Maybe I should roast you over a fire and eat you," mused Brer Fox. "No, that's too much trouble. Maybe I'll hang you instead."
"Roast me! Hang me! Do whatever you please," said Brer Rabbit. "Only please, Brer Fox, please don't throw me into the briar patch."
"If I'm going to hang you, I'll need some string," said Brer Fox. "And I don't have any string handy. But the stream's not far away, so maybe I'll drown you instead."
"Drown me! Roast me! Hang me! Do whatever you please," said Brer Rabbit. "Only please, Brer Fox, please don't throw me into the briar patch."
"The briar patch, eh?" said Brer Fox. "What a wonderful idea! You'll be torn into little pieces!"
Grabbing up the tar-covered rabbit, Brer Fox swung him around and around and then flung him head over heels into the briar patch. Brer Rabbit let out such a scream as he fell that all of Brer Fox's fur stood straight up. Brer Rabbit fell into the briar bushes with a crash and a mighty thump. Then there was silence.
Brer Fox cocked one ear toward the briar patch, listening for whimpers of pain. But he heard nothing. Brer Fox cocked the other ear toward the briar patch, listening for Brer Rabbit's death rattle. He heard nothing.
Then Brer Fox heard someone calling his name. He turned around and looked up the hill. Brer Rabbit was sitting on a log combing the tar out of his fur with a wood chip and looking smug.
"I was bred and born in the briar patch, Brer Fox," he called. "Born and bred in the briar patch."
And Brer Rabbit skipped away as merry as a cricket while Brer Fox ground his teeth in rage and went home.
Showing posts with label gill. Show all posts
Showing posts with label gill. Show all posts
Thursday, June 21, 2007
Sunday, June 17, 2007
BROKEN TRUST- CORZINE USING RABNER NOM. TO PLAY SENATE, GILL
The manner of nominating AG Rabner to be the next State Chief Justice allows the State's Executive Branch, i.e. Governor Corzine, to usurp the State Constitution's delegation of power and duty to the legislature, i.e the Senate's check and balance duty to advise as well as consent.
THE NEW JERSEY CONSITUTION REQUIRES ADVICE AND CONSENT
The New Jersey Constitution lists ten current instances that reguire a Governor to "nominate and appoint, with the advice and consent of the Senate... ." In terms of Justices and Judges the Constitution (Article 6, Section 6, Paragraph 1) demands "The Governor shall nominate and appoint, with the advice and consent of the Senate, the Chief Justice and associate justices of the Supreme Court, the Judges of the Superior Court, and the judges of the inferior courts with jurisdiction extending to more than one municipality;"
Nothing in the Constitution, however, states the procedure by which the Governor "nominates and appoints" and the Senate "advises and consents". But, both the plain text and continuous historical practice identify "Senatorial Courtesy" to be the appropriate procedure.
THE PLAIN TEXT MAKES ADVICE THE PRECONDITION TO NOMINATION
The precondition for Governor Corzine's nomination of AG Rabner is advice from the Senate about whether to nominate Rabner. In general, one gives advice by giving an opinion about a future action. What good is it to advise a person not to jump off a bridge after the jump? Or, more to the point, what good is it for the Senate to advise the Governor about Rabner's nomination once he has been nominated? Once Governor Corzine nominated Rabner to be the next Chief Justice the next step is to consent to or not consent to the nomination.
DEEPLY ROOTED PRINCIPLE VALIDATES THE PLAIN TEXT
Senatorial Courtesy is "closely related to the nominations process. ... At least seven [U.S.] Supreme Court nominations have failed to be confirmed partly on the basis of deference to the nominee's home-state senators." The practice "... was born in the very first [U.S.] Congress and continues today." "By the 1940's 'Senatorial Courtesy' was formally institutionalized through the development of the so-called 'blue slip procedure.' ... it is understood that failure to return the blue slip amounts to a de facto invocation of senatorial courtesy that will prevent committee hearings on the nominee and thereby block the nomination."
SENATORIAL COURTESY IN NJ
In New Jersey Senatorial Courtesy ensures that senators largely control the identifiction of candidates for the bench. Even if the Governor does not rely outright on the senators to identify candidates for particular appointments, the practice ensures that the Governor typically asks the approval of the Senators in question well in advance of making a formal nomination.
THE STATEGY TO CRIPPLE ADVICE AND CONSENT
Governor Corzine has quietly, but persistently, sought to eviserate the checks and balances of the State Constitution "advice" requirement. Until now the job of identifing potential judicial candidates has fallen largely to the State's Senators. One purpose is to assure at least some local control from the encroachment of a larger government body. Accordingly, the first step was Governor Corzine's largely unoticed "Order establishing a Judicial Advisory panel that will be charged with evaluating judicial candidates."
The second step is "a death by a thousand cuts as exempliied by the nomination of Robert A. Bianchi followed by the nomination of AG Rabner.
The third step is "sit back and watch." Corzine has sought to create Brand Rabner as a brand with broad popular appeal regardsless of his qualifications to be Chief Justice. Smart working class guy with best education (Princeton and Harvard as opposed to Rutgers and Yale), Crime fighter (Assistant U.S. Attorney), and apolitical (not connected and couldn't get a judicial appointment). Thus, the last minute nomination of Rabner without the advice of the Senate receives popular support. Add in that Senatorial Courtesy (like Executive Courtesy or the pocket veto) is easily misunderstood and thus an easy target for those who use demagoguery to oppose it. Then bait a sometimes controversial but pro-active Senator to enforce the "Advice Clause" - and BOOM- the wheels spin.
Some call it arcane - although its is as arcane as the Constitution is musty. Some call it blackmail without offering any hard facts that lead to the conclusion. Some simply jeer. And some, as with the sham appointment of the disastrous Judge Marianne Espinosa Murphy, seek to circumvent it.
SENATORIAL COURTESY PROTECTS THE CONSTITUTION
How then, does the Senate keep the Executive Branch from commandeering the Constitutional powers and duties expressly assigned by the Constitution to the Legislative Branch? Holding confirmation hearings only absolves the usurper and seeks to legitimize the usurpation. Holding confirmation proceedings that lead to a predetermined "no" vote are a waste of time and money. And, using a sham to fight a sham only further detracts from public confidence and faith in the government's integrity.
Senatorial courtesy solves these problems as the nomination is void and never acted upon. There are no Judiciary Committee hearings and thus no vote. If Governor Corzine wants his candidate appointed he must respect the Constitution by seeking the advice of the appropriate Senators prior to the nomination. At times when the Senate is in the hands of mostly corrupt or self-serving politicans Senatorial Courtesy gives the Constitution and the integrity of the Judiciary the utmost protetion. For like Sodom and Gomorrah only one person need speak up to save it.
THE NEW JERSEY CONSITUTION REQUIRES ADVICE AND CONSENT
The New Jersey Constitution lists ten current instances that reguire a Governor to "nominate and appoint, with the advice and consent of the Senate... ." In terms of Justices and Judges the Constitution (Article 6, Section 6, Paragraph 1) demands "The Governor shall nominate and appoint, with the advice and consent of the Senate, the Chief Justice and associate justices of the Supreme Court, the Judges of the Superior Court, and the judges of the inferior courts with jurisdiction extending to more than one municipality;"
Nothing in the Constitution, however, states the procedure by which the Governor "nominates and appoints" and the Senate "advises and consents". But, both the plain text and continuous historical practice identify "Senatorial Courtesy" to be the appropriate procedure.
THE PLAIN TEXT MAKES ADVICE THE PRECONDITION TO NOMINATION
The precondition for Governor Corzine's nomination of AG Rabner is advice from the Senate about whether to nominate Rabner. In general, one gives advice by giving an opinion about a future action. What good is it to advise a person not to jump off a bridge after the jump? Or, more to the point, what good is it for the Senate to advise the Governor about Rabner's nomination once he has been nominated? Once Governor Corzine nominated Rabner to be the next Chief Justice the next step is to consent to or not consent to the nomination.
DEEPLY ROOTED PRINCIPLE VALIDATES THE PLAIN TEXT
Senatorial Courtesy is "closely related to the nominations process. ... At least seven [U.S.] Supreme Court nominations have failed to be confirmed partly on the basis of deference to the nominee's home-state senators." The practice "... was born in the very first [U.S.] Congress and continues today." "By the 1940's 'Senatorial Courtesy' was formally institutionalized through the development of the so-called 'blue slip procedure.' ... it is understood that failure to return the blue slip amounts to a de facto invocation of senatorial courtesy that will prevent committee hearings on the nominee and thereby block the nomination."
SENATORIAL COURTESY IN NJ
In New Jersey Senatorial Courtesy ensures that senators largely control the identifiction of candidates for the bench. Even if the Governor does not rely outright on the senators to identify candidates for particular appointments, the practice ensures that the Governor typically asks the approval of the Senators in question well in advance of making a formal nomination.
THE STATEGY TO CRIPPLE ADVICE AND CONSENT
Governor Corzine has quietly, but persistently, sought to eviserate the checks and balances of the State Constitution "advice" requirement. Until now the job of identifing potential judicial candidates has fallen largely to the State's Senators. One purpose is to assure at least some local control from the encroachment of a larger government body. Accordingly, the first step was Governor Corzine's largely unoticed "Order establishing a Judicial Advisory panel that will be charged with evaluating judicial candidates."
The second step is "a death by a thousand cuts as exempliied by the nomination of Robert A. Bianchi followed by the nomination of AG Rabner.
The third step is "sit back and watch." Corzine has sought to create Brand Rabner as a brand with broad popular appeal regardsless of his qualifications to be Chief Justice. Smart working class guy with best education (Princeton and Harvard as opposed to Rutgers and Yale), Crime fighter (Assistant U.S. Attorney), and apolitical (not connected and couldn't get a judicial appointment). Thus, the last minute nomination of Rabner without the advice of the Senate receives popular support. Add in that Senatorial Courtesy (like Executive Courtesy or the pocket veto) is easily misunderstood and thus an easy target for those who use demagoguery to oppose it. Then bait a sometimes controversial but pro-active Senator to enforce the "Advice Clause" - and BOOM- the wheels spin.
Some call it arcane - although its is as arcane as the Constitution is musty. Some call it blackmail without offering any hard facts that lead to the conclusion. Some simply jeer. And some, as with the sham appointment of the disastrous Judge Marianne Espinosa Murphy, seek to circumvent it.
SENATORIAL COURTESY PROTECTS THE CONSTITUTION
How then, does the Senate keep the Executive Branch from commandeering the Constitutional powers and duties expressly assigned by the Constitution to the Legislative Branch? Holding confirmation hearings only absolves the usurper and seeks to legitimize the usurpation. Holding confirmation proceedings that lead to a predetermined "no" vote are a waste of time and money. And, using a sham to fight a sham only further detracts from public confidence and faith in the government's integrity.
Senatorial courtesy solves these problems as the nomination is void and never acted upon. There are no Judiciary Committee hearings and thus no vote. If Governor Corzine wants his candidate appointed he must respect the Constitution by seeking the advice of the appropriate Senators prior to the nomination. At times when the Senate is in the hands of mostly corrupt or self-serving politicans Senatorial Courtesy gives the Constitution and the integrity of the Judiciary the utmost protetion. For like Sodom and Gomorrah only one person need speak up to save it.
Thursday, June 14, 2007
FUNNY THINGS ARE HAPPENING ON THE WAY TO RABNER'S CONFIRMATION
SOMETHING FAMILIAR
On the one hand, Governor Corzine's office leaked the nomination of Rabner’s appointment, refused to comment on the leak, and more than several days later made the formal announcement at a press conference. THAT'S OK.
On the other hand, Newsday reports: I have no comment,’ Gill said repeatedly as she arrived at a Senate Commerce Committee meeting in the State House Annex. ... When approached by reporters as she took her seat to chair the hearing, Gill had legislative security staffers keep reporters away." THAT’S NOT OK?
The only difference seems to be the paparazzi couldn’t stalk the Governor.
Ya know, if the press really cared about the nomination they would actually investigate and report on the criteria for being a chief justice and how or how not AG Rabner fills those criteria. Small things even. Like a review of published and unpublished opinions. Oh, Rabner has never been a judge so there are no opinions. Well, how about scholarly articles then. Oh, none of those either. Well how about his feelings concerning the Ethics Advisory Panel's opinion from the secret Corzine-Katz hearing using secret depositions about secret emails.... He did go to Yale Law School. Not Yale?
SOMETHING PECULIAR
A Home News Tribune report concerning U.S. Attorney Christies’ rant is just mindboggling. The best is the statement "Christie said New Jersey has no better person for the high court." Didn't know the U.S. Attorney had a Supreme Court selection process, committee or candidate list. Maybe he does know. Warrantless searches – billions of phone conversations and emails intercepted - monsterous web crawlers - hey, ya never know.
Second best is "Christie had also likened Senate Judiciary Committee Chairman John Adler, D-Camden, to 'a third-rank bureaucrat' because he had said he would not schedule a hearing for Rabner without the OK from Gill."
Go Get’em; hit them with the nonpartisan "nuclear option". P.S. Senator Adler went to Harvard too.
SOMETHING FOR EVERYONE
June 14, 2007 Star-Ledger article states:" Gill has refused to say why she is opposed to Rabner's nomination, although her colleagues said she feels that Corzine did not pay enough deference to the Senators by choosing Rabner without first consulting his home-county delegation.
June 13, 2007 Star-Ledger article states "Sen. Nia Gill (D-Essex), using a traditional courtesy extended to senators representing the home county of nominees, has not signed off on Rabner's nomination to lead the New Jersey Supreme Court and has raised questions about his inexperience in civil law and the rush to confirm him, the sources said yesterday."
Those are distinctions with a difference. Remember?
Wednesday, June 13, 2007
NO MORE VERNIEROS: SENATORS GILL & RICE SHOW COURAGE BY GIVING CORZINE AND RABNER HELL
The coverage of Stu Rabner's credentials to be New Jersey's next Chief Justice has been dismal. It would seem some Democrats are all afraid they will appear before the next one and some Republican's can't figure out what one does.
So, for all the right reasons Senators Gill and Rice have said enough is enough.
Take notice, neither Corzine nor Rabner have talked about racial profiling being at its high point. Neither Corzine nor Rabner have talked about his limited eperience in civil practice and dearth of knowledge and experience appellate practice.Neither Corzine nor Rabner have talked about his obsecuring crime with speech. And be assured the list gets longer.
So, hats off to the Senators for critical thinking and positive action. Thanks for working to assure the next Justice is not Peter Verniero.
So, for all the right reasons Senators Gill and Rice have said enough is enough.
Take notice, neither Corzine nor Rabner have talked about racial profiling being at its high point. Neither Corzine nor Rabner have talked about his limited eperience in civil practice and dearth of knowledge and experience appellate practice.Neither Corzine nor Rabner have talked about his obsecuring crime with speech. And be assured the list gets longer.
So, hats off to the Senators for critical thinking and positive action. Thanks for working to assure the next Justice is not Peter Verniero.
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