While Elena Kagan’s confirmation this summer didn’t change the balance of political power on the Court, it will shift the Court’s legal philosophy. Kagan, a long-time supporter of the Administrative State, revealed in her testimony that she doesn’t think much of the idea of checks and balances in the Constitution. She posited that, while the Constitution expressly states that all legislative power resides in – you guessed it – the legislature, it is sufficient for Congress to simply lay out a broad policy objective and then delegate the actual legislating to federal bureaucrats, reducing the three branches down to two. But then she went on to assert that there are no limits on what the Executive branch could do, declaring that a “federal eat-your-vegetables” law “might” be Constitutional. Her readiness to emasculate the Legislative and Judicial branches, and empower the Executive, does not bode well for liberty.

2. Unequal Protection

Franklin D. Roosevelt once remarked that the national government’s central planners should not be afraid to experiment, but should instead be given unlimited license to use citizens as guinea pigs. If a social engineering experiment failed, planners should admit their mistakes and try something new. Obama has taken that message to heart, but, like any good scientist, has added control groups. Title II of Obama-care, which deals primarily with Medicaid, directs the Health and Human Services Secretary to create no fewer than four “demonstration projects,” selecting multiple sets of states and subjecting each to different regulations! At least when FDR experimented with people’s lives, he honored the constitutional principle of equal protection of the law.

3. Not-So-Regular Joe Falls Afoul of Campaign Laws

While the Left has traditionally supported restricting political speech through campaign finance reform, Biden is coming to see some of its effects firsthand: the Vice President has been ordered by the FEC to pay $219,000 for violations of finance laws. Spokeswoman Elizabeth Alexander noted that “…repayment is commonplace after presidential campaign audits.” It seems the public should have no problem entrusting the enforcement of these laws to the same politicians who regularly violate them. What could possibly go wrong with the ruling class having the authority to decide what speech shall or shall not be permitted?

4. Ron Paul 2012?

Insider Matt Collins reports that 2008 Presidential contender Ron Paul is preparing to run again in 2012. A poster boy for “Constitutional Conservatism,” the Texas Republican is a foil for Obama. Paul, whose nickname “Dr. No” references both his occupation and the fact that he refuses to vote for legislation not authorized by the Constitution, has earned a reputation advocating sharp foreign policy changes, sound money, and subsidiarity – the principle of radical decentralization.

1. Thursday: Mock Deportation Protest

On April 29, Berkeley students, gagged and tied, protested Arizona’s recent immigration law. The law, which requires police to detain and question anyone in suspected of illegal immigration status. While the law essentially just enforces existing Federal law, it has sparked national controversy surrounding threats to civil liberties including national identification cards and racial profiling, as well as economic liberties including freedom of contract.

The bill’s controversy may become a core issue for candidates in the 2010 Federal election cycle – but it remains to be seen what effect Californian students intend to achieve by protesting the actions of another State’s legislature.

2. Yoo See T.P.?

They’ve been to his house, his classroom, and his lectures. Now, protesters against controversial UC Berkeley law professor John Yoo have gone to his bathroom. On April 20, artist Matt Cornell created toilet paper with the convention against torture printed on them and placed them in bathrooms in UC Berkeley’s Boalt Hall. “Yoo helped turned human rights laws into toilet paper,” Cornell said of the professor who wrote memos for the Bush administration defining torture. No word on how many trees were needlessly tortured and killed to facilitate the protest.

3. Judicial Fiat

Justice Stevens’ recent retirement announcement will probably not shift the court’s overall ideological leanings given Obama’s judicial preferences. His appointments have included figures such as Goodwin Liu, renowned for both his lack of bench experience and his belief that “welfare rights” can and ought to be established by judicial fiat. As Presidents have demonstrated time and again, their legacy may be best characterized not by the “landmark” statutes and regulations of Congress, but by whom they place on the bench.

4. Our New Che Guevara

During his campaign for the ASUC External Affairs Vice President position, CalSERVE candidate Ricardo Gomez said, “I will use my grassroots and online organizing experience to bring all stakeholders together for strategic, creative, and organized collective action.” After his election by 32 votes, we are now beginning to see what goals he hopes to pursue with his “collective action” and needless to say they aren’t exactly what most students would consider unifying. In the first post on a new weblog started by the EAVP elect, eavp.wordpress.com, Gomez encourages students to draw inspiration from Subcomandante Marcos, a Mexican “folk hero.” Marcos isn’t any old folk hero though: he’s a self described Maoist rebel. He’s been described by some, including the BBC, as the “new Che Guevara.”

Further, in just the first few days of its existence Gomez has used the blog to promote issues far beyond the scope of Cal. He has attacked the new law in Arizona that allows police to question a suspect’s legal status within the state. “Joining a facebook group or changing your status alone is NOT ENOUGH,” he writes. Nowhere does he state the rationale for why this should be addressed by the ASUC. Probably because there is none.

The Black Student Union’s “Blackout” in response to the UCSD “Compton Cookout” controversy.

2. Best Failed Initiative

Professor Lakoff’s failed “anti-two-thirds” requirement “for democracy.”

3. Best Party on Campus

Does this even need explanation? Are we not all compatriots? As always, the Berkeley College Republicans is the best party on campus. If we weren’t, we wouldn’t be the Berkeley College Republicans or the California Patriot!

4. Best Voter Fraud

At Berkeley with a lot of insane leftist politics, you can imagine the difficulty we had with finding the winner. Yet, you have to admit that creating a fiasco and spectacle before even assuming office is damn impressive. Congratulations President-Elect Noah Stern!

5. Best Riot Chant

Again, there is some tough competition. Berkeley will be Berkeley. And as you’d expect, the California Patriot will be the California Patriot. As we have an eye for pithy remarks, we had to note (and recognize) this gem: “Whose streets? Our streets!”

6. Best Traffic Blockade

Again, do these categories even need explanations anymore? The clear winner was certainly the Berkeley anarchists’ blockade on March 4 on I-880!

7. Best ASUC Waste of Time

Senate Bill 118 and 119, which would eventually pass as Senate Bill 118A. This bill is more commonly known as the Divest from Israel initiative. Obviously, a group of twenty 20-year olds knows more than a world of actual governing bodies.

8. Best ASUC Waste of Money

Closely related — and not to be outdone — the BEARS Initiative won as the biggest waste of not only ASUC funds but of student funds. The BEARS Initiative was a “student-led” initiative that was disguised as a plan to renovate and upgrade the out-of-date Lower Sproul Plaza. However, it would do this by gradually increasing student fees for the next 40 or so years. And you wonder where our Members of Congress learn the tactics that the employ now? Surely, you have heard of our nation’s college campuses as being the breeding ground for our next generation of leaders!

9. Best On-Campus Occupation

The Wheeler Hall protest, isn’t this a no-brainer?

10. Best Economic Recovery Plan of the Year

In the 2010 ASUC elections, SQUELCH! candidate for ASUC President, Chad Kunert, announced a proposal for an on-campus dispensary on Lower Sproul. What would that dispensary provide for the students of Berkeley? Well, booze and marijuana of course! Trickle down effect anyone?

11. Best Local Non-Profit

We here at the California Patriot are tried and true conservatives. As any conservative would openly admit, we value the importance and beauty of people giving back to their community and engaging in charity for one’s neighbor without being told so and certainly without it being forced by the extraction of our hard earned dollar. It is with great pleasure that we announce the Berkeley needle exchange van as being the best non-profit organization, aside from us of course, in the entire city!

In the Black Student Union’s March 1st “Blackout”, about 200 black students dressed in black and wore black cloths over their mouths and faces as they stood or sat in silence under Sather Gate. The point was supposedly to protest the alleged racism at UCSD in the aftermath of the “Compton Cookout” party there, as well as protest “institutionalized racism” at UCB. Unfortunately, rather than use the opportunity to discuss actual race issues that usually are never discussed and avoided at great lengths, the protesters instead protested their being ignored and their voices unheard by drawing attention to themselves and refusing to make their voices heard. As a result, the “Blackout” left unresolved actual questions about race issues, instead only serving the largely unrepresentative interests of the insufferable BSU.

2. Berkeley City Council

We had thought the city council that brought us open condemnations of Marine recruiters as “uninvited and unwelcome intruders” would have stopped at that, but they recently issued a statement in support of the student protests of March 4. The city government not only tolerates, but endorses, higher taxes for its residents for no tangible benefit, reckless and lawless student behavior, and obstruction of public rights-of-way.

3. “They must’ve done something wrong… they are the police, after all”

The radical-left group BAMN (By Any Means Necessary), which stands for taxpayer support of illegal immigrants and affirmative action and against educational freedom appeared on Sproul Plaza seeking plaintiffs for a lawsuit against UCB, alleging police brutality against students who illegally barricaded themselves in Wheeler Hall last semester and who assaulted and swarmed the officers attempting to maintain order and arrest the trespassers. Perhaps BAMN didn’t consider that their credibility might be compromised just a tad by the fact that they had to advertise for “witnesses”.

4. March 4th Protests: A Case for Better Education

Students, community members, and basically anyone who could hold a sign collectively demonstrated their anger with the UC’s 32% fee increase on March 4th. And California’s 2/3 majority vote on the budget. And racism in the UC. And immigrant rights. And union workers’ rights. And “shutting [‘the system’] down”. And impeaching Obama.

Wait – what were they protesting again? Every cause and its illegitimate brother made it out to the March 4th protest here on the UC Berkeley campus, across other UC and CSU campuses, and of course, the capitol in Sacramento. Each cause was trying to demonstrate what the people are really upset about, ultimately drowning out the original point of the demonstration with total disregard of civil order. As usual, fire alarms were pulled, protesters with bullhorns stormed lectures, and picket lines illegally blocked students from passing to get to class.

Protesters further undermined the law when a large group of them went from standing on the sidewalk on Bancroft at Telegraph to spontaneously block the 3-way intersection, trapping cars and AC transit busses for several minutes, while a group of 150 rogue protesters blocked traffic on the I-880 freeway. Those who could have benefited most from attending class March 4th may very well have been the protesters themselves.

1. Noah Stern, Student Action’s Candidate for ASUC President

Noah Stern, a sophomore and current ASUC senator, is running for the position of ASUC president on the Student Action slate. Stern told the Patriot that he is running on a moderate, inclusive platform focused on creating a strong campus community. We were impressed by his apparent leadership abilities. He recounted instances of working with campus administrators and current ASUC leaders and finding solutions to problems, in particular the November 20 Wheeler Hall occupation. In addition, he pledged to promote policies and activities that will help improve the student experience at Cal. He proposed working with local printers and other businesses to allow student groups to buy in bulk at discounted rates and encourage groups to form coalitions for their mutual benefit. He also hopes to bring more popular entertainers and speakers to campus and ensure that students have access to them, complaining in particular that more than 1500 students should have been able to see former US President Bill Clinton’s speech in February. However, we do have some concerns about Stern. He has been very loyal to the Student Action party and appears to remain ideologically loyal to them: will he be in tune with the issues of the student body or those of his party? In addition, we wonder if he is ready to stand up to campus administrators when necessary. He did cite some examples where he thought officials need to improve (lack of student inclusion, focus on student needs, etc) but these seemed very generic in nature and did not convince us that he would be a strong force against the chancellor when necessary instead of his spokesman to the student body.

2. Nanxi Liu, Student Action’s Candidate for Executive Vice President

For the office of ASUC executive vice president, the California Patriot is reporting on Student Action’s Nanxi Liu. As a sophomore, she has quite an ambitious agenda for the office. First, she is a big advocate of transparency for the budget, which is a common goal for students running for executive office. Second, she wants to increase accessibility of resources for student groups, such as grants and general equipment for meetings and events. Finally, she would like to get in touch more with the student population and not just let the vocal minority be heard, and her main strategy is to update the ASUC website and send out more notifications in an attempt to get more students engaged and have opportunities to get comfortable with their student government. The main responsibility of the EVP is conducting senate meetings, but her ability to do this remains questionable given her inexperience with the university and particularly the ASUC. Her response regarding this is that she believes one essential quality is leadership experience. She claims her experience as an ASUC senator intern and as a financial officer who has to meet with every organization, has helped her get to know many different student groups and their needs. Also, it has been reported that she has a clear understanding of Robert’s Rules, which is essential in managing ASUC senate meetings. However, should Ms. Liu be elected, do not be surprised to see the ASUC make political statements of the sort made at UCSD; when asked about her views on the UCSD “Compton Cookout” fallout, whether the ASUCSD was right in revoking funds from student media organizations for speech deemed to be inappropriate or offensive, Liu indicated she would have supported the decision. Overall, Liu is a somewhat impressive candidate, but her expressed agenda, background, and answers to our questions are not without reservations about her ability to perform her job strictly as EVP.

3. Bundit Kertbundit, Student Action’s Candidate for External Affairs Vice President

Running for the ASUC office of external affairs vice president is Bundit Kertbundit, a junior transfer with significant experience in student government. Throughout his high school and college education, Kertbundit has pursued various leadership positions and responsibilities with the aim of improving conditions for students. Kertbundit has previously served as a lobbyist and deputy chief to current ASUC Executive Vice President Tu Tran, in addition to working as a student advocate at his former college. He was actively involved with last year’s March 16th protests on the Capitol along with 5,000 community college students.

However, he is a believer in the effectiveness of peaceful protesting and that the riots our university has experienced reflect poorly on the student body. Should he be elected, he intends to focus on the issues of living affordability for students as well as begin a porch light campaign and texting hotline to make students safer in their environment. Additionally, Mr. Kertbundit says that the ASUC could be improved by focusing more on matters that directly affect students rather than taking a position on outside political issues.

4. Yoori Chung, Student Action’s Candidate for Academic Affairs Vice President

We are featuring Student Action’s candidate Yoori Chung for the position of ASUC academic affairs vice president. Chung prioritizes academics as her most important focus at Cal. As a Christian student, Yoori wants to bring her religious and moral values into the ASUC. Some of her goals include strengthening the CourseRank online system by providing important details for students to be aware of, such as add and drop deadlines. Yoori additionally wants to cut through the bureaucracy that student groups have to go through in order to receive funding each year, but we wonder whether her “streamlining” approach wouldn’t just create more bureaucracy within the ASUC. Also, we are worried that her plan would lead to more money being spent as a result of more student groups potentially applying for and receiving grants.

Chung is an advocate of keeping libraries open 24 hours during the finals weeks, and is also in favor of keeping various rooms lit in Dwinelle and Barrows for studying during finals. Extra energy costs and security costs, however, may go into effect under such a policy. Finally, she was interested in expanding the Career Center and making it more accessible to students living in the dorms their freshman year, as well as incorporating programs for the RAs to implement and include a portal for the Cal Alumni Association. Although we wince at the notion that the ASUC is necessary for making any great improvement on student life, we find Ms. Chung’s proposals both achievable and well-supported by the majority of students. We are, however, worried that her agenda will mean an increase in ASUC spending.

You may vote for as many as you would like!

In a recently released study, the Department of Health and Human Services affirmed that the 45-year-old Head Start preschool program has no lasting effects on its students in all of 114 academic and non-academic tests. “These results make it clear that we need to build a more coordinated system of early care and education, and to focus on key improvements to teaching and learning in the early grades,” said US Secretary of Education Arne Duncan. In the wake of the report, HHS Secretary Sebelius called for greater funding and more federal control of both Head Start and elementary education, declaring that “research clearly shows that Head Start positively impacts the school readiness of low-income children.” Naturally, the only possible solution is to spend more money on it.

2. SB 518 To End Free Parking in California

California State Senator Alan Lowenthal’s bill, SB 518, recently passed in the California legislature. The bill imposes programs on local governments which eliminate ordinances that require parking spaces in commercial lots. The bill is intended to support AB 32, which requires California to reduce its carbon dioxide emissions to 1990 levels by 2020. In the name of fighting global warming, the bill imposes state-mandated local programs, empowers the California Air Resources Board to assign “cap and trade” points or other measures, takes authority over money apportioned to cities or counties, and dictate local ordinances, all without State compensation. The bill has no provisions – other than harassment and micromanagement of drivers and taxpayers – to alleviate traffic congestion.

3. Obama vs. Perry, Round 297

Responding to President Obama’s statements indicating that his administration will attempt to federalize education with the “Race to the Top” plan, Texas Governor Rick Perry stated, “I will say this very slow so they will understand it in Washington, DC: Texas will fight any attempt by the federal government to take over our school system.” Texas withdrew from the program “in the interest of preserving our state sovereignty over matters concerning education”, and because the federal government is “further interfering in state and local affairs and betraying their clear disdain for our rights.” According to Texas education officials, accepting the plan would cost over $3 billion in up-front costs and acceptance of as-yet-unwritten standards, likely inferior to those recently implemented by the Texas state legislature, for an uncertain one-time benefit of under $1 billion. Don’t mess with Texas.

4. By the Numbers: State of the Union Address Edition