tag:blogger.com,1999:blog-12703782.post4991996526988582177..comments2024-03-25T13:42:25.771-05:00Comments on Advance Indianaâ„¢: Bosma's Resolution Proposal A Bad IdeaGary R. Welshhttp://www.blogger.com/profile/15185079937305083438noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-12703782.post-48573750159788617482007-04-03T14:57:00.000-05:002007-04-03T14:57:00.000-05:00Which I always do, unlike the anonymous nobodies t...Which I always do, unlike the anonymous nobodies that exist to sling slurs cravenly hiding behind the false faces of TCP/IP.Wilson46201https://www.blogger.com/profile/14214029150233485312noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-70755300600576693882007-04-03T14:51:00.000-05:002007-04-03T14:51:00.000-05:00Ugh, yourself, 11:43. If you could get your head ...Ugh, yourself, 11:43. If you could get your head out of your behind for a minute, you'd know that the use of the word "liberal" in this sentence has nothing to do with political ideology. Geezzz, what an idiot. I thought Wilson usually signed his posts.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-79518178470136446562007-04-03T12:54:00.000-05:002007-04-03T12:54:00.000-05:00ugh, 11:43, stop alreadyb with thye broad brush. ...ugh, 11:43, stop alreadyb with thye broad brush. Liberal does not always equal bad, nor does conservative.<BR/><BR/>Try to think a little outside the box, huh?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-44910186896218074452007-04-03T11:43:00.000-05:002007-04-03T11:43:00.000-05:00Doug's posting gives the perfect reason for letter...Doug's posting gives the perfect reason for letter of intent: <BR/><BR/>"...unless the included language would be useful in upholding the act against constitutional attack or is necessary to give meaning to a provision for LIBERAL CONSTRUCTION." (emphasis added)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-74466724770198928862007-04-03T08:51:00.000-05:002007-04-03T08:51:00.000-05:00Statehouse interns are well aware of Brian Bosma's...Statehouse interns are well aware of Brian Bosma's concern for the sanctity of the marriage vows...Wilson46201https://www.blogger.com/profile/14214029150233485312noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-72085351839866404072007-04-03T07:41:00.000-05:002007-04-03T07:41:00.000-05:00"Instead, he's only concerned with making sure the..."Instead, he's only concerned with making sure the discriminatory amendment appears on the ballot in 2008 so he can once again bash gays in the election in hopes of winning back control of the Indiana House."<BR/><BR/>That is the entire legislative intent of SJR 7. Gary, just send the URL of your blog to the Supreme Court and they will have it very succinctly stated for them.<BR/><BR/>There is no other intent here. If Brian Bosma gave a flick about anybody's marriage he'd be a minister or a marriage counselor.<BR/><BR/>As it is, I wish he'd just stay the heck out of my life.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-80903176332972808502007-04-03T07:00:00.000-05:002007-04-03T07:00:00.000-05:00In other words, we don't know what we're doing, so...In other words, we don't know what we're doing, so don't pay attention to any recordings.<BR/><BR/>As in, pay no attention to the main behind the curtain.<BR/><BR/>The Great and Powerbul Boz.<BR/><BR/>What a complete goof.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-59113696413850109192007-04-02T21:44:00.000-05:002007-04-02T21:44:00.000-05:00You make a good point on the fact that there is no...You make a good point on the fact that there is no "legislative history", such as the Congressional Record maintained by the General Assembly. I'm wondering if anyone will try to access the archived videos of the General Assembly to ascertain legislative attempt. <BR/><BR/>A state statute on the subject provides (2-5-1.1-14): <BR/><BR/>Audio or video coverage provided under section 12.1 of this chapter is not part of the legislative history of an act enacted or resolution adopted by the general assembly unless:<BR/> (1) the content of audio or video coverage provided under section 12.1 of this chapter is:<BR/> (A) incorporated by resolution contemporaneously adopted by the chamber in which the coverage originated into the house or senate journal required under Article 4, Section 12 of the Constitution of the State of Indiana; or<BR/> (B) declared to be part of the legislative history of a bill or resolution in a bill contemporaneously enacted by the general assembly; and<BR/> (2) the content of the incorporated audio or video coverage is certified for accuracy and completeness by the principal clerk or principal secretary of the chamber in which the coverage originated.<BR/><BR/>Another provision reads: It is not the intent of the general assembly in enacting section 12.1 of this chapter to have the content of the audio or video coverage provided under section 12 of this chapter (repealed) used as evidence of the legislative intent, purpose, or meaning of an act enacted or resolution adopted by the general assembly.Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-66334803932249748742007-04-02T21:28:00.000-05:002007-04-02T21:28:00.000-05:00Thanks, Doug, for sharing your expertise in this a...Thanks, Doug, for sharing your expertise in this area. The folks in LSA had to be just shaking their heads when Bosma asked for this resolution. I've never witnessed such bad lawyering as I've seen with the proponents on this particular constitutional amendment. The words "snakeoil salesmen" keeps coming to my mind every time they utter another one of their absurdities.Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-77978240323175171062007-04-02T21:21:00.000-05:002007-04-02T21:21:00.000-05:00Indiana doesn't have any legislative histories. I ...Indiana doesn't have any legislative histories. I don't know that I've seen an occasion where a court has gone to a resolution of a General Assembly for help in interpreting a Constitutional Amendment. <BR/><BR/>I do know that the first step in statutory (or Constitutional) construction is to read the plain language of the provision. If the provision itself says "up," then a Court is not going to care if another document says it really means "down." They'll never go to the second document for assistance.<BR/><BR/>Seems to me that proposing a clarifying resolution is basically admitting that the General Assembly did not do its job in the first place. It didn't clearly articulate the law it was seeking to impose. I'm fairly certain this is a feature, not a bug, for certain politicians -- if they stated their intent clearly, the electorate would run screaming. <BR/><BR/>The <A HREF="http://www.in.gov/legislative/session/manual/chap03/index.html#codespecific" REL="nofollow"> drafting manual</A> used by Legislative Services when drafting legislation for the Indiana General Assembly says, with respect to "purpose provisions": <BR/><BR/>"(2) Purpose Provisions [see also BILL PREAMBLE, Page 25]<BR/><BR/> A well-drafted act requires no statement of what it seeks to accomplish or the reasons prompting its enactment. Do not include language stating the purpose of an act or reciting the facts upon which an act is predicated unless the included language would be useful in upholding the act against constitutional attack or is necessary to give meaning to a provision for liberal construction."<BR/><BR/>There will be no "constitutional attack" here -- after all this will *be* the Constitution. If clarity in drafting is a priority in creating ordinary legislation, seems to me it should be doubly so with respect to Constitutional draftsmanship.Doughttps://www.blogger.com/profile/11424730556609713021noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-71685580708307603622007-04-02T20:18:00.000-05:002007-04-02T20:18:00.000-05:00Bush issues letters of executive intent.Bosma want...Bush issues letters of executive intent.<BR/><BR/>Bosma wants to issue letters of legislative intent.<BR/><BR/>Is this a new Republican trend--thinking that your branch of government is uber-powerful and all-knowing? Just issue aletter, and you become God.<BR/><BR/>Pardon my French, but eff the intent if it's mean-spirited or conflicts with existing law. I know their "intent." It is, in Sen. Herschman's words, to usurp the courts' potential future influence.<BR/><BR/>They have no right to do so, if you believe in the original intent of the federal and state constitutions--three equal and separate branches of government.<BR/><BR/>Will Brian Bosma just get off my TV already?Anonymousnoreply@blogger.com