Executive Power is From the People

We are nation building in Iraq in the name of democracy. We are allowing the warrantless search of our own citizens without judicial scrutiny and by presidential fiat. We have tortured enemy prisioners in Europe within loopholes briefed and argued by staff counsel for the President.

What is a democracy? In my view as I have been educated and read for these many years-a democracy is the form of government where the people are the source of privilege and power to elected officials. Power is not dictated nor directed by the single voice of an executive branch of our government. The design of our system is a constitutional balance of power that was agreed to by the people that are being governed.

When did we change our constitution? Did 911 eliminate the laws, codes and mandates of a free society such that a president and his branch of the government how call the shots and you better get used to it?

How do you feel about all this? Are you tired of reading about torture, vetting of intelligence in the ramp up to the war, the body count, the refusal of detainees to be afforded counsel warrantless searches of innocent U.S. citizens and the Katrina fiasco?

This week, the Senate has blocked the Patriot Act extension at least for now. The last time it passed it was prepared the day before, admittedly not read nor debated due to the “terror threat” and only one man voted against it. Now, the branch of our government responsible for enacting laws pursuant to the constitution are reading and understanding that this law goes way too far in eliminating our civil rights.

Civil rights? Of yeh, those are what we are guaranteed by our constitution. The right to due process, to a trial by jury and to be free from warrantless searches and seizures. Surely, in times of threat and war these rights must be interpreted and balanced—but come on—does the President and Richard Hadley really think we need to torture people? How about those secret camps in Europe?

There’s something happening here and it seems to becoming very clear. Is it time for the citizens of this nation to remind our president that he was elected-not annointed.

Dan O’Fallon is Running for the Senate

A fellow trial lawyer, Dan O’Fallon has announced that he is running for the Minnesota State Senate. Dan is a partner in the Robins, Kaplan, Miller & Ciresi firm here in Minneapolis. I have known Dan for a number of years and have admired his conviction and tenacity when the issue involves the rights of individuals or control on corporate power and corruption.

I don’t know if Dan will be a great State Senator. I do know he will be dedicated, knowledgeable and strive to do the right thing for the common good. That is all we can ask. We can and should support people like Dan that give of themselves for the greater good because both Dan and his firm will be making a sacrifice for his service.

The first law firm that hired me was Carlsen, Greiner & Law. One of the partners was Tom Berg, a DFL legislator, later to become U.S. Attorney. I do not know if it was that Tom was a DFLer or that Chuck Carlsen was a Republican, but I will never forget Chuck telling us that he never liked it that Tom was in the Legislature. Chuck did not like it that Tom’s public service kept him away from the office and he felt very strongly about it as did Tom about the need for his service.

You know, even though they were at the opposite ends of the spectrum of political ideology, both men always respected each other and gave deference to their individual differences. Both are great men in my mind and will be so until Tom really screws up (which he won’t) as Chuck is dead.

I am thankful that Dan is running. It is a sacrifice, but it is his time.

Curling Irons are more useful than curling roofs

A good friend and former neighbor has her dander up about a warranty issue that faces many consumers. It seems that the new roof she and John put on her home 7 years ago is curling and the manufacturer is not standing behind its product. Apparently, the manufacturer sold the roof with a 20 year guarantee, but that is just the start of negotiations. In other words, in the world of consumer warranties, a company’s word is just the beginning of the negotiation.

I have been in that spot before and I am ashamed to say that I have folded up my tent and gone home. I have used the excuse that I am too busy to fight for my own warranties and roof rights. Now, at my age, I am younger and ready to fight. If enough people band together to demand that companies do not lie and stand behind their word, this world would be a better place. If you disagree with this, you are either benefiting from corporate fraud or do not require the same ethics in the company that you do business with that you require of your children and friends.

I do disagree with you if you say ” that’s just business”. Why don’t we just say “that’s just cheating”.

If you have been wronged or lied to by a company that refuses to stand behind its product-call me. We have a common mission to make these companies accountable for safe and non-defective products and services. I should add that I want a legal system where a company giving its word has meaning. If you trust your government to hold corporations accountable don’t call me, you are protected.