Odds are very good that Western Partnership will be taken up on a petition for writ of certiorari to the United States Supreme Court. Whether the Montana Supreme Court’s holding will survive there is a bit like speculating whether, once in the NCAA tournament, Indiana University will fare well.

   The justices of the Montana Supreme Court are aware of the possibilities of course. Chief Justice McGrath wrote for the Montana Court fully aware of the possibilities. That is why…

  So, let’s pick up from yesterday. The Montana Supreme Court, on December 30, handed down a decision in Western Tradition Partnership, Inc. Attorney General, 2011 WL 6888567, ("WTP" for short) that, seemingly in the face of the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, 130 S.Ct. 876 (2011),  has upheld Montana’s ban on corporate donations to a "a candidate or a political committee that supports or opposes a candidate or a political…

   A decision handed down on December 30, 2011, the Supreme Court of Montana, in Western Tradition Partnership, Inc. v. Attorney General of State, 2011 WL 6888567, ("WTP") might rock the foundation of the Super PACs created by the Citizens United case.   

   Generally the Supremacy Clause of the United States Constitution, Art. III, §2,  means a decision of the United States Supreme Court trumps the highest court of one of the 50 states (or 46 states and four…

  I, this weird dream last night, I ran into Socrates. As my dreams go, we were on the concourse of a ballpark. I knew it had to be a dream, and not death. After all, as an atheist, I do not believe in an after-life. If I did, this was not heaven, as it was a weird compilation of ballparks related to the Reds. I am a Cubs fan. On the other hand, it wasn’t hell, because I saw no indication I was in the Bronx.

   But I had a beer in my hand (not Hudepohl, or else I would have had second…

   The City of Indianapolis, through its Department of Code Enforcement,  has been kind enough to post an information for "Super Celebration Sites" for the time leading up to, and following, the Super Bowl.

   Contexts of Orwellian twists on the English language are interesting. To see these phenomena in regard to a sports event staged by a mono(lith)poly would add an element of amusement, were it not for a couple of factors. First, we—taxpayers and citizens of Indianapolis and…

   Last night I thought about a deposition I took this week.

   Folks met up yesterday at the Broad Ripple Tavern (BRT) at 2:00—p.m., not a.m.—to do what has become ritual New Year’s Eve: talk, have a few laughs, discuss political and social issues, and drink. My beverage of choice is beer. Joe, a fraternity brother from DePauw days, does not imbibe. Bright-line rules have their merits. Mine: do not drink if one knows one has to get behind the wheel of a car and do not drive if one…

  -In grade school did you acquire a bizarre fascination with columns of numbers?

  -During the 2008 presidential election, about 7:00 p.m. did you say something like, "Obama took Fulton County 75/25? That's a Republican area. That's a major indicator---he's won"?

  -If you are into & have some knowledge of political polling, and would like to be on Saturday's show, e-mail me at marksmall2001@yahoo.com 

   This will be a different kind of New Year's Eve show. For one thing, we will shoot it at 11 a.m. That is as in it is still light out (here in Indiana, barring an unscheduled complete solar eclipse). For another, we will discuss the year to come in politics, and from a bit of a different angle. We will give overviews of the nine Congressional races, as well as the races for Governor of our fair State and the office of United States Senator. And (of course) we shall discuss the presidential…

   As I said two days ago, I could not understand why the Republican Old Guard allowed mopes to dominate the run-up to the 2012 presidential election. The best scenario for Republican Party to defeat President Obama, in such a close race? A third-party, center-left candidate with a solid national profile runs on a well-funded third-party ticket. S/he could bleed votes from Obama in key states and Romney would take those states and the presidency. 

   Enter: Americans Elect.

Who…

   I did not understand why the Republican Old Guard allowed such mopes to dominate the primary elections and run-up to the 2012 presidential election. 

   If the Republican Party wants to defeat President Obama in 2012 so badly, what would be the best thing that could happen? A center-left candidate with a solid national profile runs on a well-funded third-party ticket. Such a candidate could bleed votes from the Obama campaign in key states and in the right numbers and Romney would…

   Our election process was significantly damaged by one of the worst decisions in the history of the United States Supreme Court, Citizens United v. Federal Election Commission. Procedurally, the decision was hypocritical, an act of judicial activism antithetical to the what generally is viewed as appropriate by Republicans.  Substantively, it enables foreign shareholders to exercise the rights of American citizens through the corporations those shareholders come to own and…

   The flap over the Indiana Regulatory Commission is not a scandal. "Scandal" is defined as "a disgraceful or discreditable action, circumstance, etc. American College Dictionary, 1962 ed., p. 1082. In a general sense, the whole thing about Duke Energy officials being cozy with the people at the Indiana agency charged with regulation of Duke Energy is disgraceful or discreditable. But I came of age—i.e., went to college—when Watergate was in its prime. "Scandal" has evolved…

   The Indianapolis Star reports this morning that later today, at a press conference, Conseco Fieldhouse will be renamed. In the story, reporter Heather Gillers writes, "Conseco Fieldhouse, built by Herb and Mel Simon, opened in 1999 when the Pacers moved from their former home, Market Square Arena."   

   I did not see photos of Herb and Mel out there on the construction site pouring footers and laying brick.  Therefore I must infer that by writing the structure was "built…

   In the 1980s, Indianapolis wooed the Colts from Baltimore with a new stadium, tax benefits, and other perquisites. The idea here was that the expenditure of taxpayers’ money was a good investment. The Colts would bring jobs to Indy. The city would gain prestige as home to two teams in the four major sports. Games would attract visitors to Indy and leave behind dollars spent at local businesses.

   Indianapolis has spent a lot of money on the Colts. Our residents have paid more in…

   Friday morning I drove to work. My route passes through a school zone, that of Broad Ripple High School (or whatever the school is called today). My speed was 25 mph, for three reasons. First, because it is a school zone and safety is important. Second, because I do not want to receive a ticket. Third, tickets for speeding in a school zone, the last I heard, run a thousand bucks.

   Just past McDonald’s, a Land Rover was on my rear bumper. I maintained my speed. I noticed a second…

   Let me get this straight. Corporations such as CCA—Correctional Corporation of America—operate some of our prisons and, in doing so, seeks to make a profit. That is a dynamic to privatization: the profit motive makes for more efficient operations. CCA receives monies from the particular state with which it contracts for each prisoner it houses and feeds. 

   CCA seeks to run more prisons. Expansion of market-share, after all, is one of those silly, kookie things about…

   "Voter fraud!" OMG! Such words bring to mind Mayor Daley and rigged elections in Lake and St. Joseph counties. The Republican Party has stepped forward to combat this menace to our republic! After all, the root of the word "republican" is right there. They are rightful guardians of the Republic. There could be no ulterior motives in waging war against Voter Fraud. Let’s go ahead and use upper-case on both words while we’re at it.

   Unfortunately, there has been very little voter…

   That is a line from a song by Phil Ochs, a folk/protest singer who, in the 1960s, was dubbed "The Troubadour of the Left." Judge Julius Hoffman refused to allow Ochs to sing from the witness stand during the trial in United State v. Dellinger, et al, also known as The Chicago Seven (after Bobby Seale's case was severed from what had been The Chicago Eight. Ochs had sung in Grant Park during the 1968 Democratic National Convention. He was called by the defense to testify as to what had…

   United States troops are all around the World---and why? The Cold War is over, so why do we have over 50,000 military personnel in Germany? It is not like those personnel can run over to Amsterdam and have fun. The military has urine tests for drugs. We have 40,000 in Japan and nearly 30,000 in South Korea. The Japanese are not in imminent danger from anyone. And South Korea? Their forces would wipe the North's off the map if the platform shoe-wearing, pompadour hair-styled goofy dictator…

   Thoughts about the presidential campaign:

   1) It starts too early. There is a enough crap on TV. Ban candidates from announcing candidacies before January 1 of the year of the election. There might be less of an emphasis on money for candidates. (Okay, maybe I am naive on that one.) Plus we would be spared a lot of drivel. With what would it be replaced? Different drivel, probably. As it goes now, though, by the time election day rolls around, many of us will have been thoroughly…