From my lecture on how property is distributed in a divorce:
Once separate property is co-mingled with marital property, then under the Transmutation Theory…
You know, back in my day, we didn’t have Harry Potter jokes. Wizard humor revolved around Dungeons and Dragons, and that’s the way we liked it.
This question is based upon the case of Kleppe v. New Mexico, 426 U.S. 529 (1976), where the Court upheld the power of Congress to protect wild burros under the federal Property Power.
That’s damn fine coffee you got here in Twin Peaks.
A very nice piece written about retired Supreme Court Justice David H. Souter. He gave a long disquisition on Constitutional interpretation. It doesn’t quote him nearly enough:
A choice may have to be made, not because language is vague, but because the Constitution embodies the desire of the American people, like most people, to have things both ways. We want order and security, and we want liberty. And we want not only liberty but equality as well. These paired desires of ours can clash, and when they do a court is forced to choose between them, between one constitutional good and another one. The court has to decide which of our approved desires has the better claim, right here, right now, and a court has to do more than read fairly when it makes this kind of choice.
Do yourself a favor and read The New York Times Article, or go straight to the text of the speech itself.
So there’s this kid. This nerdy kid. This nerdy kid who likes to pretend he’s got a lightsaber, and do all sorts of awesome jedi moves. Seriously, when you’re a kid, you don’t even care that nothing in The Phantom Menace makes sense, you just want to do the cool lightsaber stuff. So this nerdy kid borrows a camera from his high school library and tapes himself doing all sorts of crazy spin moves. Ah, good times.
But when he returns the camera to the library, he forgets to erase the tape. Classmates see it, upload it to the internet, and The Star Wars Kid is born.