Monday, October 26, 2009

The Greatest Generation? Lets Consider the Evidence

I ask a question for you to contemplate. Who is the greatest thinkers of our time. Tom Brokaw... or Charlton Heston?

Soooooooo...seriously...”The Greatest Generation”? I am 48 as of last week. I am blessed to have both my parents kicking around strongly in their 80’s and am seriously concerned about my ability to cope without them as support and as touch stones for my own genetics and not just the weak genetics but tips about the strengths as well but while idolizing my own folks I seriously question this lionization of their generation.

Now you have to give credit where credit is due. This generation stopped the holocaust, held off Hitler and saved the west, and with the help of the next generation staved off communism as they fought through the cold war. They ushered in the nuclear age. They did an awesome job in so many different things and have helped transition us through the beginning of civil rights and women in the workplace. They tore down the wall and beat down the commies. Lots of good stuff.

But seriously... the greatest generation? I know Tom Brokaw said it and wrote the book but that don’t make it so. I mean without singing a litany of evidence to the contrary, (global warming, general destruction of the environment and... seriously.... the worst one... they raised us. How could you claim to be the greatest generation when you have raised... the selfish generation. I mean I know they only wanted the best for us and really wanted us to have opportunities that they did not have... yadda, yadda, yadda. But in doing that they have rally screwed up not only us... but the whole world.

I mean... they have sicked us on the whole universe. The world was really not prepared (nor should they have been) for an entire generation of me’s. People who do not want instant gratification... we expect it as our birthright. Maybe it happened because a lot of our mom’s smoke and drank through our pregnancies. Maybe they were just mis guided but every time I drive by a new mega strip center with Old Navy, Natural Organic (expensive) Grocery stores with raw ahi and Kobe beef (prepared and ready to go), and high end steak house chains (Smith & Wollenskies, Fletchers etc...), Bed, Bath and Beyond, Nails, Tans, Pampered Pet Grooming it goes on and on and on and on.

So Brokaw, we didn’t get that way by ourselves. Genetics... that is on them. Environment... well that has to be on them too. So my suggestion is... rather then write books about them and praise them to high heaven....let’s chop em up, process them before they use up all the Medicare and Social Security money and make em into food. I know Heston is a right wing, gun nut, Moses wannabe Nazi and he didn't think of Soylent Green but by God he popularized it. I vote for Heston over Brokaw.

It’s PEOPLE! Indeed.

Sunday, October 25, 2009

First Amendment

Sooooo, I am a lawyer... sort of. I went to law school anyway. I am no genius but I did get on of my infrequent "A" s in constitutional law. Nothing too big but i liked it and studying the Constitution and how it was inrupreted was kind of cool. The textbooks at the time and most case law seemed to have the same theme that the framers of the document were brilliant and that they had created a strong, flexible form of government that was one of the wonders of the free world. I remember at that time I was solicited to join the Federalist Society which was just starting up. I was a conservative Republican, suspicious of the central government and believing strongly in individual rights and being less concerned but still defensive of State rights. But I did not join. The people seemed very idealogical and rigid.

Accodring to the geniuses at Wikipedia, “The Society asserts that it "is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be." Well that sounded pretty good. http://en.wikipedia.org/wiki/Federalist_Society Unfortunately what it has become is the place which screams that THEY are literal inturpreters of the Constitution and that our liberal judiciary, staffed out of liberal law schools have been reading all kinds of things into the Constitution and that the document (almost creepily like the Bible) is the inherrent word and cannot be deviated from. These people now have the 5 vote majority on the Supreme Court. More importantanly people like Scalia would tell you that any idiot could tell you what everything in it literally means. So long as they agree with him. This majority is scary because they are brilliant intellectuals and great writers (Clearance Thomas being the exception in both cases).

They have a new kid on the court but she replaced another non Federalist judge. Sotomeyer got to hear her first oral arguments from the guys who made the Hillary Clinton bashing movie and refused to disclose who was paying for it. Their argument is that requiring them to tell violates their right to free speech. They are challenging campaign laws which violate their right to free speech. This right allegedly arises from the First Amendment which states:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

This right to free speech is fundamental. It has been read by liberals and conservatives as a freedom of expression. But that is not what it says. I call upon the Federalists to explain to me where it says it. I believe it.... but I believe it because it is a changable, flexible document which gets read and applied based on our realities as the American people. The majority on the Supreme Court does not. It is black letter and then if it is unclear you try and discern intent (hah!) I have two questions.
1. Where does the Constitution say that money is speech?
2. Where does the Constitution say that Corporations (who are creations of the individual States and not a creature of the Federal government) are to be allowed all the rights of a U.S. Citizen?

First point 1. The Constitution does not say that money is speech. Here are our common definitions of speech:
address: the act of delivering a formal spoken communication to an audience; "he listened to an address on minor Roman poets"
(language) communication by word of mouth; "his speech was garbled"; "he uttered harsh language"; "he recorded the spoken language of the streets"
something spoken; "he could hear them uttering merry speeches"
the exchange of spoken words; "they were perfectly comfortable together without speech"
manner of speaking: your characteristic style or manner of expressing yourself orally; "his manner of speaking was quite abrupt"; "her speech was barren of southernisms"; "I detected a slight accent in his speech"
lecture: a lengthy rebuke; "a good lecture was my father's idea of discipline"; "the teacher gave him a talking to"
actor's line: words making up the dialogue of a play; "the actor forgot his speech"
language: the mental faculty or power of vocal communication; "language sets homo sapiens apart from all other animals"


No where in these generally accepted definitions of speech dowe define money or any THING as speech. But our courts have said that. The infer this from the "freedom of expression" which is also nit in the Constitution but is certainly implied by the document although I think the framers of the document would have abhorred this idea. Freedom of speech being important then to Democracy and freedom of expression (men wearing women's clothes in public, toting a John 3:16 sign at football games etc...) probably not having the same gravity. But in light of changing thoughts on these things I am all for reading freedom expression into the Constitution... but that ain't what the document says. So certainly if those other things are freedom of expression, then where we spend and donate out money is freedom of expression (it is not speech) and falls under this logical extension and evolution of our Constitution.

Question 2 is why should corporations have all the same rights as free men(and women thanks to the 14th Amendment)? Seriously, why? Corporations are not mentioned in this document. The idea of not for profits, special interest groups and PACs would have been laughable at the time. Certain a free, white, propertied MALE should be able to put his money and capital anywhere he wants. They fought for these rights. They were deeply suspicious of gvernment and corporate power and that was one of the influences they reviled and fled. The Dutch East India Corporation, the first mega corp was deeply reviled by these framers of our democracy. An excellent Wiki: http://en.wikipedia.org/wiki/Dutch_East_India_Company. Later our states allowed the corporations to file (there are no Federal Corporate Charters) and we started to call these corporations "persons" but that fiction is selectively applied and the right to free speech is yet another case. I am willing to give corporations the right to Speak and extend this to all of these entities that are not people. People and organizations should be able to speak and protest but the Freedom of Expression? Why shouln't the government be able to regulate how these state bastardized "people" get to effect elections? Especially our national elections? If your going to lend your money for a cause disclose it, in the cases of companies regulate it. They are not People. Companies to do not have a bill of rights... unless we want to allow groups of like minded people to bear arms in private armies... but perhaps that is where this is going.

American people seem to agree with an overwhelming voice that we need to take money out of politics. At least that is what everyone I talk to... even the dreaded @clamstorm from Twitter agree that is a problem. Everyone might have a different idea as to why but in America money and power (stealing from Forest Gump) go together like peas and carrots. Where money is raised there are deals. The NRA and Acorn do not raise and donate money based on a politicians over all quality but on how he votes on their issues. With corporations and for profit companies the connection is even darker. Mc Cain/Feingold a bipartisan law signed by President Bush tried to limit this. It has failed so it is in front of the Supreme Court on the silly Hillary Clinton movie and the FCC banning it because the producers would not disclose their funding. Having the FCC determine speech is unacceptable without guidance from Congress and it might be unacceptable no matter what but Congress needs to deal with this but rather then dealing with limiting campaign contributions how about ONLY limiting corporate donations and how about a Federal statement that these corporations, which are creations of each of the individual States, do not have all the rights that you and I have.

If Congress does not do it the Supreme Court is going to over rule Mc Cain/Feingold in the worst way possible, in bits and pieces and towards the Federalist Society ideology. Watch what goes on this session in the Supreme Court with interest. Congress will maintain the status quo. The Court might help them. In the mean time... ask questions. The Constitution is pretty brilliant but it is not divine. Lets not treat it as infallible...lets treat it as brilliant and evolving.

Saturday, October 24, 2009

The Rooster: The Diner Review...Review

Sooooo... The Rooster. THIS IS NOT A DINER!

It has been open for over a year... maybe two and I have avoided it like.... well no offense but like cancer. It looked cool sitting there on Locust... it is the "re-emerging" area of downtown. If you believe that I have several hundred lofts I would like to sell you. Anyway I have avoided it because of the dreaded word...."creperie". Rhymes with drapery. Who thinks that these are good idea? Thin, egg pancake like things normally filled with fruit or cheese or something. Hate them.

But I love St. Louis and I love breakfast and I work downtown and well.... a guy has got to eat...right? The place is cool. It is all brick walls and cool art, lots of roosters, a mural... it is nice.If I could decorate a restaurant I would do it a lot like this. I hoit it one morning with my venerable dining companion Sal. Sal has the good sense to eat breakfast and we discuss the economy, people, God, current events, the law and anything else that comes up. This is normally over biscuits and gravy and sausage and other manly food, which he will liberally bathe in hot sauce.

But the Rooster... the Rooster is not a diner. It is a Creperie but they have enough things for the rest us..."people" to eat. They have "savory" crepes Mo. Made german Sausage, Marinated Chicken and Bree) and "sweet" crepes (S'more, Roasted Apple and Pumpkin Mousse). About 14 of each and they sounded pretty tasty. The rest of the menu includes things like "The Rooster Slinger with andoullie sausage, breakfast potatoes, fried eggs, sausage and gravy...good stuff. It is a pretty decent menu and I had some sausage and potatoes and toast and it was good. Sal had an excellent Crepe and bullied me into tasting his crepe. Verdict...good. They still have "breakfast potatoes" instead of hash browns but they do have brewed iced tea which makes it better.

The service was a little indifferent but we were there on a weekday. They were polite but we got there at opening time (7:00) and they were opening up, brewing coffee and the like. It is clearly a place for weekends.... even more odious it might be excellent for..."brunch". If I were staying downtown with my wife I would definitely crawl in there hung over. I believe they probably do a nice business on Saturday and Sunday. It is a cool little place and my guess is they would make a mean bloody mary. I would definitely recommend it for a nice breakfast or brunch but don't ever, ever think of it as a diner.



http://roosterstl.com/

Saturday, October 17, 2009

Is Fall Gone? What The Hell?

Once again in a fit of seasonal depression the St. Louis Diner Review went on an unexpected hiatus. Very sad. The outcry from the public was palpable. People were lost without the ranting wisdom of the Diner Review. A trip to Michigan. A week of debauchery with my wife remaining in Michigan further side tracked me. More the n anything else the weather side tracked me. I know I lamented the end of summer but I never expected this. Where did fall go? Why is God angry with me? These are the questions I have been troubled with in my absence from this digital page.

Now it is Homecoming at Lutheran High South (Lancers 41, Kennedy 7) and my daughter is at home with what appears to be swine flu. I have mowed the lawn, bought her movies, fried a pound of bacon for my sons who are home from college, missed going to "Where The Wild Things Are" with them and am awaiting the delivery of some chik-fil-et nuggets from my son who went to the Apple Store as i watch bad movies with my daughter. It leaves a Diner Reviewer with time on his hands.

The sun came out today! It is the first time i have seen it in a while. Along with the Lutheran South win (their second this season and WATCH OUT Herculaneum next week) I am generally upbeat other then my daughter having to miss her homecoming dance. Even better as I have been wasting the day buying her movies, People Magazine (evidently all is not well with Jon and Kate) I have caught some football scores which have made me smile. The evil empire of Ohio State (who I hate even though they have not won a bowl game in the time my kids have been alive) lost. Florida is losing. Notre Dame is losing (though I have been made to understand that Jesus is going to let them back...too). If Mizzou wins tonight... well hell....then I fear for the Jacksonville Jaguars tomorrow because the Rams might no longer be the owners of the longest losing streak in football.

I have missed fall. Between the crappy weather, my wife being out of town, on line poker and bad television...I have not been able to get out and really enjoy the rain and grayness. The leaves... the leaves are starting to pour down. It is cold. I am still needing just a little transition between the 80's and the 40's yet even as i watch Florida take the lead over Arkansas and further cement their title hopes I remain buoyant in spirit. So you too should not lose faith or hope. In the coming weeks the Diner Review will be:

Reviewing the Rooster Downtown
Delving into the First Amendment (but not testing it)
Discussing this concept of "The Greatest Generation"
Thinking about some new music
Considering some concert reviews

Perhaps even more. But in the meantime just a few overly intellectualized introspections on some current events.

1. The Cardinals: Very Sad
2. Barrack Obama and The Nobel Prize: Seriously, you know I like the guy but who gives a shit?
3. Rush Limbaugh being an owner then non owner of the Rams: Seriously, you know I do not like the guy but who gives a shit.
4. Healthcare: You cannot fix this system without tearing it down. This is a huge mistake that will make everyone unhappy. No one will try and reform healthcare again. It is the death call of anyone's political career. Too bad because it is obviously a hopelessly screwed up system that has delivered us fantastic, high quality and unbelievably expensive.
5. The economy is not recovering for main street and our friends who propped up the money center banks are going to let a lot of our local banks fail... and that is a disaster for you, me and small business and will further centralize wealth and if we are not successful in finding a way... further ferment the revolution. That is bad.
6. The Tea Party People are crazy BUT all of us have a reason to be be very concerned about the direction of our country but seriously, blaming this particular administration, or the last one, or the one before that...pointless.

I think that is it. Later this week...the greatest generation gets theirs.

Saturday, October 3, 2009

Diner Review: The Boardwalk Cafe (Webster)

Sooooo... as it has been discussed the St. Louis Diner Review has lost it’s way. No diners have been reviewed. No hash browns have had their measure taken. Instead what have you been reading? Drivel... drivel at best when compared to the majesty that is breakfast, the pantheon that is the diner. We have lost to friends over the last year, specifically After down in the Grove (how sad is it that “the Grove has actually caught on as the name of that destitute area where Manchester dumps into Vandeventer which has been known primarily for it’s gay and lesbian bars) and The Buttery on South Grand. They will be missed.

In an effort to make amends The Diner Review is staying close to home. I have recently visited The Boardwalk Cafe at 600 East Lockwood right next to the Starbucks and across from the triangle park which separates it from Weber’s Front Row. It is a great little place. It is a great location and there is literally no other tolerable place to get a a breakfast in Webster (and don’t you dare mention “First Watch” to me. It is an anathema) There is very little atmosphere but is a comfortable place. Outside dining when weather cooperates. It is locally owned and run by a family of some ethnicity. They seem extremely pleasant and eager to please. They have several somewhat rickety booths trailing back shot gun style along the side of the kitchen/grill area. Languages are being spoken which I cannot decipher. This is somehow comforting. They do not open till 7 which is an hour too late but you get the feeling that the people who work there might have been partying until they came over to open the place up.

They do all the standards (for me) and they do good bacon, toast, sausage, gravy. I would argue they try and do too much in that they offer 12 types of omelets and 9 “skillets”. “Skillets” are of course an abomination. They are an amalgamation of eggs, home fries and... whatever other crap anyone wants to throw in there. They state that they have the best pancakes and french toast in town and they do coyly offer the much ballyhooed “Pigs In A Blanket”. They also have full lunch menu but I will never be there then. All and all this diner says 7.5 Slingers on 10 scale. There, that wasn’t so hard. Was it?