tag:blogger.com,1999:blog-7875069982976812251.post1467091491478678040..comments2023-10-17T04:51:08.765-10:00Comments on KauaiEclectic: Musings: Money PitsJoan Conrowhttp://www.blogger.com/profile/00172330100788007499noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-7875069982976812251.post-50194403066566058192014-07-23T07:17:41.512-10:002014-07-23T07:17:41.512-10:00Yes we will all come out and vote - single issue: ...Yes we will all come out and vote - single issue: poison on agAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-91519226817915980982014-07-22T00:28:42.554-10:002014-07-22T00:28:42.554-10:00Luke- Yumpin' Yiminey, the Father of the Bill ...Luke- Yumpin' Yiminey, the Father of the Bill of Rights, the good James Madison, would flip his powdered wig if he saw the skewed political wackadoos of today. Your polite conversation with the good Joan, is a far cry from the fistees attempting to squelch all opposing views in to their Anti-Ag mob frenzy (Amendment 1) and the lovely Hoos/Jackpot admonition to their flock "turn in your neighbor if you think he is grading etc illegally"(#4). Hopefully, the island can get back to basics. Kauai Rising is hardly "the people themselves". Wealthy northshore busy bodies, yes, but not the "people". Most people on Kauai are too busy working to read an 18 page tome of hulihuli meanderings.<br />Unfortunately, groups like Kauai Rising and the Hooser Fistees and their disrespect of local working people and Ag is alienating a lot of citizens. <br />Hopefully they will all come out and vote. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-85110073706817625012014-07-21T22:34:19.391-10:002014-07-21T22:34:19.391-10:00"The council is supposed to be the adult in t..."The council is supposed to be the adult in the room. The buck stops at their table." <br />Because I'm not a lawyer, politician, or framer of the constitution, I'll defer to the words of James Madison in Federalist 48-51:<br /><br />"...that where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted....It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it. After discriminating, therefore, in theory, the several classes of power, as they may in their nature be legislative, executive, or judiciary, the next and most difficult task is to provide some practical security for each, against the invasion of the others.... The legislative department derives a superiority in our governments from other circumstances. Its constitutional powers being at once more extensive, and less susceptible of precise limits, it can, with the greater facility, mask, under complicated and indirect measures, the encroachments which it makes on the co-ordinate departments... The conclusion which I am warranted in drawing from these observations is, that a mere demarcation on parchment of the constitutional limits of the several departments, is not a sufficient guard against those encroachments which lead to a tyrannical concentration of all the powers of government in the same hands.... The several departments being perfectly co-ordinate by the terms of their common commission, none of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers; and how are the encroachments of the stronger to be prevented, or the wrongs of the weaker to be redressed, without an appeal to the people themselves, who, as the grantors of the commissions, can alone declare its true meaning, and enforce its observance?"Anonymoushttps://www.blogger.com/profile/10538438326327303502noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-80894296881023176092014-07-21T21:43:53.435-10:002014-07-21T21:43:53.435-10:00We need Dustin Barca for mayor, Gary Hooser for ma...We need Dustin Barca for mayor, Gary Hooser for managing director, Tim Bynum for council chair, Felicia Cowden for vice chair, and a big pot of money for lawyers to defend the County from the lawsuits that would surely follow.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-5138701296547791432014-07-21T20:21:09.356-10:002014-07-21T20:21:09.356-10:00Thank you, Joan.
There may be hope for Mason Chock...Thank you, Joan.<br />There may be hope for Mason Chock. He may be pulling back from the Hooser/Bynum aura. Maybe in some strange pull out tumescence, Mason is realizing he can stand erect by himself. Perhaps he is thinking about Kauai's people, instead of the debt he owes the two well fed fistees. <br />Luke, the Council is supposed to be the adult in the room. The buck stops at their table. In the anti-Ag frenzy, many have forgotten that this island has many issues and many needs.<br />It is time for the Council to get back to the business of serving all of Kauai's people. Not just the North Shore squeaky wheels and their hocus-pocus agenda.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-91058128393473497912014-07-21T19:09:35.319-10:002014-07-21T19:09:35.319-10:00Exemplary display of an intelligent, civil discour...Exemplary display of an intelligent, civil discourse between two adults . . . and gosh, with dissenting views, at that!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-12900288712413421392014-07-21T13:00:41.756-10:002014-07-21T13:00:41.756-10:00You're welcome, Luke, and thanks for taking th...You're welcome, Luke, and thanks for taking the time to read it and educate yourself. <br /><br />Yes, it's similar to the unnerving precedent of having the courts decide the county has no jurisdiction over the chem/seed companies because they were handed a bad bill to challenge. Citizen movements, when well-intentioned but poorly executed, can have far-reaching repercussions. Joan Conrowhttps://www.blogger.com/profile/00172330100788007499noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-75842740648529956302014-07-21T12:58:49.332-10:002014-07-21T12:58:49.332-10:00On another note, thank you for that opening line w...On another note, thank you for that opening line which momentarily transported all of us away from our computers and into a "riot of pollinator diversity." Anonymoushttps://www.blogger.com/profile/10538438326327303502noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-46103265665297639182014-07-21T12:50:24.933-10:002014-07-21T12:50:24.933-10:00Thanks for providing that. I hadn't read it, ...Thanks for providing that. I hadn't read it, and it clearly makes "dubious" the wrong word choice. But, there is still admittedly the possibility of a lawsuit (either way) and the unnerving precedence of a political body deciding the validity of ballot measures. Anonymoushttps://www.blogger.com/profile/10538438326327303502noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-32984792448221908002014-07-21T12:21:34.247-10:002014-07-21T12:21:34.247-10:00I don't believe it is legally dubious for the ...I don't believe it is legally dubious for the Council to reject the measure. Have you read the County Attorney's opinion? <br /><br />http://lauhala.com/hinano/20140721-121516-With-Cover-Page,-County-Attorney-Opinion-to-Clerk.pdf<br /><br />I think it would place the Council in a difficult position to lobby against a measure they voted to put on the ballot, and I'm not at all convinced their constituents are educable. After all, thousands of misinformed, misguided voters signed the petition.<br /><br />But as you said, there's the potential for legal action either way — though it's for sure from the chem companies, and only rumored by Kauai Rising.Joan Conrowhttps://www.blogger.com/profile/00172330100788007499noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-80734326049568377112014-07-21T12:05:16.383-10:002014-07-21T12:05:16.383-10:00But, whatever they decide they are exposing the co...But, whatever they decide they are exposing the county to the likely potential of a lawsuit. Wouldn't the best course of action be for the council to OK the measure (because doing otherwise is both legally dubious and a bad precedent), but to then educate their constituents about the legal flaws and urge them to vote no? Anonymoushttps://www.blogger.com/profile/10538438326327303502noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-34037914195034255992014-07-21T11:45:22.097-10:002014-07-21T11:45:22.097-10:00I understand and share your concerns, Luke, but I ...I understand and share your concerns, Luke, but I think an equally scary precedent would be allowing groups to deceptively circumvent the signature requirements of an initiative petition by trying to pass it off as a charter amendment. Somebody has to vett this stuff to make sure it meets the charter requirements of what it's claiming to be. Joan Conrowhttps://www.blogger.com/profile/00172330100788007499noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-67472802461913184832014-07-21T11:35:39.449-10:002014-07-21T11:35:39.449-10:00As much as I agree with your analysis of the flaws...As much as I agree with your analysis of the flaws of the Kaua'i Rising Charter Amendment, isn't it a scary precedent to allow the council to decide what makes it onto the ballot? Anonymoushttps://www.blogger.com/profile/10538438326327303502noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-37437032839440994702014-07-21T11:00:45.820-10:002014-07-21T11:00:45.820-10:00Thanks, Joan!Thanks, Joan!Manawaihttps://www.blogger.com/profile/14534748612454568095noreply@blogger.com