Karl H. Timmerman M.A.J.D. © 2004
All Rights Reserved
A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS

FOR
AUGUST 6, 2004


These are the Ramblings of a small town, (Holden, population 2,700), Missouri, country lawyer. They contain my random thoughts and observations on current events and my life and experiences in the Solo Practice of law.
Compiled here are the Ramblings for 2002 - 2004. 
Archived Prior Ramblings
CLICK ON A DATE
In Memorium:
September 11, 2001
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                      2002
 
02-22-02  03-30-02  04-05-02
 
04-21-02  04-27-02  05-01-02
 
05-03-02  05-10-02  05-17-02
 
05-31-02  06-21-02  06-26-02
 
06-29-02  07-04-02  07-05-02
  07-12-02  08-02-02  08-10-02
 
08-21-02  08-23-02  08-30-02
 
09-06-02  09-11-02  09-11-02F
 
09-13-02  09-20-02  09-27-02
 
10-04-02  10-11-02  10-18-02
 
10-25-02  11-01-02  11-08-02
 
11-15-02  11-22-02  11-29-02
 
12-06-02  12-13-02  12-20-02
 
12-27-02

                      2003
  01-03-03  01-10-03  01-10-03R
 
01-17-03  01-24-03  01-31-03
 
02-07-03  02-14-03  02-21-03
 
02-28-03  03-07-03  03-14-03
 
03-21-03  03-28-03  04-04-03
 
04-11-03  04-18-03  04-25-03
 
05-02-03  05-09-03  05-16-03
 
05-23-03  05-30-03  06-06-03
 
06-20-03  06-27-03  07-04-03
 
07-11-03  07-18-03  07-25-03
 
08-01-03  08-08-03  08-15-03
 
08-22-03  08-29-03  09-05-03
 
09-12-03  09-19-03  09-26-03
 
10-03-03  10-10-03  10-17-03
 
10-24-03  10-31-03  11-07-03
 
11-14-03  11-21-03  11-28-03
 
12-05-03  12-12-03  12-19-03
 
12-26-03

                      2004
 
01-02-04  01-09-04  01-16-04
 
01-23-04  01-30-04  02-06-04
 
02-13-04  02-20-04  02-27-04
 
03-05-04  03-12-04  03-19-04
 
03-29-04  04-02-04  04-09-04
 
04-16-04  04-23-04  04-30-04
 
05-07-04  05-14-04  05-21-04
 
05-28-04  06-11-04  06-18-04
 
06-25-04  07-09-04  07-16-04
 
07-23-04  07-30-04  08-06-04
To post a "comment" to the "Comments Page"
Greets and Huggers.  Posted the evening of August 6, 2004.   Was sitting here this past week watching the "primaries":  our democratic process at work. Watched our incumbent Democratic Governor get trounced, (by an expensive negative ad campaign launched and run by a member of his own party).  The Republican candidate did not need to spend a dime:  his party is unified behind him and his "war chest" is full and intact. He will not have to overcome the slight edge an incumbent has nor the lingering effects of "attack ads". The Democratic primary winner, on the other hand, is scrambling around desperately trying to raise funds and mend fences.  Anyone care to set odds on the outcome?  Our system of government is based on the give and take of a two party system, (although for the last few years, the give and take has been between the joined liberal and conservative elements of each respective party).  When both the Executive Branch and Legislative Branch are controlled by the same party, there is no give and take, no compromise, no seeking consensus ... just the beat of one lonely drum for all to march to. 'Nuff said. 

Watched with interest,  Proposition 1, (a Constitutional amendment, allowing a Casino on a lake, instead of a river ... defeated:  the "majority" saving us from the further spread, of the "gambling" demon). Watched a Constitutional Amendment banning same sex marriage,  become a part of Missouri's Constitution: OUR CONSTITUTION.  It ratified the religious moral bigotry of the majority, instead of recognizing/allowing a legal commitment between two consenting adults and the legal benefits that bestows. I do not for one second, buy into the argument that a durable power of attorney or creative estate planning, would accomplish the same thing. What about health insurance? What about social security survivor benefits? What about the protections afforded to tenancy by the entireties property? The list goes on and on.  Do you really believe the institution of marriage is threatened by folks who want to get married?  Marriage, our children, are not in trouble because of folks who wish to get married, wish to make a commitment to each other:  marriage, our children are in jeopardy because of folks who would prefer to have sexual relations while living together without a marital commitment and as a byproduct, have children while doing so.  In terms of victimless crimes, shouldn't there be a difference between something the majority of folks find immoral and something the majority of folks  criminalize?

It was disconcerting this week, to watch the moral/religious convictions of the majority, imposed on me ... and on you.  I suppose, if you are a member of the majority and have the same views, you would be thrilled to death. But if you have the same views, aren't you already living them? That being so, what is the purpose of criminalizing victimless behaviors?  Isn't it, the imposition of your moral/religious views on those who have different views, (obviously those folks who view things the same as you, are also living them and therefore would not need a law to discourage the complained of behavior).  There is no problem with using a moral/religious construct as the basis of law, when the law in question seeks to prohibit behaviors which result in a given victim, (murder, rape, theft, assault, etc).  The problem comes up, when the law attempts to criminalize behaviors where the only victim is the person engaging in the behavior. Simpler less intrusive solutions are available:  You want to smoke dope? Fine, sign this card waiving all rights to medicare/medicaid and go down to your local state regulated store and buy all you want.  You want to gamble?  Fine, go to your state regulated and heavily taxed casino.  You want to have a relationship with your horse/dog/pussywillow?  Fine, hope you have health insurance to repair your missing member after the Pitbull decides she's not interested. As a society, how much of our law enforcement resources are spent enforcing "morals" legislation? Is this really the best use of limited resources.  Something to think about.   

I have been harping about a low carb lifestyle since last September.  In an article in the Kansas City Star today:  "Study suggests a link between carbs, cancer", (click
here for article). "Scientists think carbs may increase cancer risk by rapidly raising sugar in the blood, which prompts a surge of insulin.  This causes cells to divide and leads to higher levels of estrogen in the blood, both of which can encourage cancer."  The basis for "My Diet" is the "Glycemic Index"   Eating foods, both protein and complex carbohydrates, that take your body time to digest:  resulting in small steady increases in blood sugar and no insulin spikes. Look at "My Diet" and get on it.  It is not a diet, it is a different way of eating:  a lifestyle change.  Get your weight under control:  if not for you ... then for the people that love you!!

On the evening news, the possibility of another terrorist attack.  Got news:  there WILL be another terrorist attack in our America.  As the Israeli folks have discovered, there is no stopping a single terrorist with
Plastigue strapped to their person, intent on killing themselves and as many other folks as possible. Worse yet, low level radiological materials, (Low-level radioactive sources are found in hospitals, on construction sites, and at food irradiation plants. The sources in these areas are used to diagnose and treat illnesses, sterilize equipment, inspect welding seams, and irradiate food to kill harmful microbes.), are easily accessible in our America:  a "dirty bomb" is cheap to make.  It is not brain surgery.  Count on one.  There will be an attack before the elections.

Sitting editing these Ramblings, sipping on some Port, watching the evening news, (The Statute of Liberty,
Liberty Island are once again open to the public),  Rick James, the King of Punk Funk, has passed away at age 56.   Susan decided that her PT Cruiser was not big enough to carry her "children" and she did not like to drive the Durango.  So, my Lady wants a Grand Caravan:  my Lady gets a Grand Caravan.  You see, in the words of Wynonna Judd, "She is his only need.":

"Over the line
Working overtime
To give her things just to hear her say she donít deserve them
But he loves her and he just kept going overboard
Over the limit to afford to give her things he knew she wanted
ĎCause without her where would he be?
See, itís not for him
She is his only need
"


Susan really is my only need.   Susan is out in the garden, harvesting cucumbers, tomatoes, yellow squash and string beans and I am sitting here grateful to have her be a part of my life:  the most important part.  Tonight, after munching down some sauteed onion, bacon, yellow squash, string beans over a steak ... and going to bed, I will say a prayer of thanks.  A prayer for you, our men and women in uniform, (Please, Please, Please, God ... let them come home safe and soon!!) and our America.  Be and sleep well knowing the best there is, is on watch so you can.  If my post offends, I apologize:  that is not my intent.  As always ...

A Warm Brotherly Hug
Karl (the dumb ole country lawyer from Holden, Missouri).