The Volokh Conspiracy

Under what circumstances, if any, do you think that judicial oversight is Constitutionally required for prisoners taken in the War on Terror?

How do you propose to solve the looming crisis of budget deficits caused by an explosion in social-entitlement spending? Are you willing to raise taxes as part of that solution?

As a former lobbyist, what is your opinion on the restrictions on Washington lobbyists that Barack Obama has proposed?

1. Do you support the current U.S. policy known as the war on drugs? What changes would you like to see in this area? Please convince me that you are familiar with the strongest arguments for and against the war on drugs.

2. Is the FDA too risk averse?

3. To what extent can strengthening protection of private property rights be used to protect the environment?

Do you feel that the TSA has acted prudently and efficiently to stop terrorists, or simply engaged in security theater to make it look like they're doing something? If the latter, what policies would you change, and what balance would you strike between liberty and freedom.

1. Would you really reduce the size of the federal government (not just slow it's growth as Reagan did)?

2. Would you support and how would you end affirmative action?

3. Do you support a fundamental change in our tax code, like a federal consumption tax instead of the income tax?

4. Why should I trust you after the GOP has screwed us over so many times?

Will you commit to the immediate construction of the 700+ miles of Border Fence that was authorized last year?

Do you think it should be legal for Americans, whether married or not, to purchase and use contraception? Do you think the Supreme Court was correct when it held, in Griswold v. Connecticut, that a law barring married couples' access to contraception was unconstitutional?

Do you believe that Raich was correctly decided? How is that decision different from other assaults on libertarian ideals and states' rights?

Do you believe that the State of Caliifornia has the right to set its own policy regarding medical marijuana?

How would your view of this decision affect waht you would look for in a potential Supreme Court Justice nominee?

As an add on to the second question, if applicable, please provide an example of supporting State rights when doing so would conflict with your own personal view of the correct policy option to take.

Do you believe it is appropriate for the president to use signing statements to put a preliminary gloss on an act he is signing into law? If so, what weight if any do you think a court should give to such statements?

1. Do you believe that the US has a shortage of qualified technical workers?

2. What evidence did you use to answer question 1?

3. Do you think the caps on the H1-B non-immigrant visa programmed should be changed and to what?

What role will your wife play in a Thompson administration? In what matters wiill you rely on her for her expertise?

How has your role on Law &Order prepared you for the Presidency? Why did you leave public service in the first place?

What do you think of astrology?

Consider two societies, A and B. In Society A, abortion is illegal but same sex marriage is legal. In Society B it is the reverse. The societies are otherwise identical. Which society is the more moral, and why?

(1) It now seems clear that the current administration invaded Iraq without a clear exit strategy. Would you please provide an explicit outline of a strategy for reducing the ressources the US is currently expending in Iraq without further destabilizing the Middle East.

(2) What can we do (should we do) to eliminate havens for terrorists in other countries (and physically eliminate the terrorists in them) without involving enormous investments of US military power (as in Afghanistan); bribery and support of anti-democratic and illiberal governments (as in much of the Middle East); and policies that further alienate local populations (as in Pakistan, Indonesia, and the Phillipines).

(3) What way do you envision that is both politically plausible and fiscally sound for reducing the future burdens of Medicare/Medicaid, Social Security, Veterans Benefits, and Debt Repayment on the federal budget?

(4) What politically feasible ways do you see for reducing federal involvement in local law enforcement? I have in mind particularly the need to curtail the powers of the federal bureaucracy currently involved in the so-called War on Drugs and the proliferation of federal statutes regarding crimes that have traditionally been the purview of state and local government.

How will the laws of other countries and the views of foreign governments, influence policy decisions you as president make?

Would you consider repealing daylight savings time?

In the area of international trade & foreign markets, do you believe that China trades on a level playing field with the U.S.? Specifically, what would your administration do differently from the previous administration regarding the further liberalization of Chinese markets and the transparency of its quality-control mechanisms of its products? Or, where do you see America's economic/political relationship with China in four years and beyond?

How do you define torture? Are there any interrogation techniques you would be willing to see employed by the United States on detainees which you would find objectionable if used on U.S. personnel in the hands of others?

Would you support federal legislation providing that no federal law shall be interpreted to preempt any State law absent an express and unmistakeably clear statement in the federal law that the State law at issue is in fact preempted?

(cf. this brief)

Slightly off topic but.

I have to say there have been some really interesting questions posed in this comment thread. It would be really nice if debate moderators would ask a few questions like this.

I like Cornellian's 8:41 question. I'd love to hear candidates respond to inquiries that require actual consideration of the question rather than just spouting back pre-fab, poll-tested phrases.

How does your expereince of growing up and going to school in the segregated South of the 1940s, 50s, and 60s, influence your views on racial issues and the best methods to create a society of equal opportunity?

Here's a follow-up on the abortion question:

Assuming you would support a federal law banning abortion, do you think Congress has the authority under the Constitution to enact such a law? Would barring the provision of abortions that occur entirely within the borders of state X constitute regulation of interstate commerce?

Would you favor a compromise in which amnesty is granted to illegal immigrants and legal immigration from Latin America is expanded, in exchange for banning bilingual/multicultural education and all affirmative action?

What is your view of the appeal by the District of Columbia in regards to the ban of handguns enforced by that city?

Laws are changing in many states to allow gays to marry, and laws have been changed in the past regarding legalizing interracial marriages, etc. However, many states do not allow male and female partners who are committed to making a life together as husband and wife as legal status in claiming benefits as Social Security when one partner passes away. Florida is one of those states. How do you feel about this issue and do you think there is any chance that this totally unfair legal situation will change?

List the books (titles, authors) you have read in the lst year.

Much has been said of your divorce (and re-marriage to a younger woman). Is divorce a problem in our society? Do public officials who obtain divorces for reasons of “irreconcilable differences” affect social norms about marriage and divorce?

Do you think current intellectual property laws sufficiently protect a robust public domain and an appropriate zone of innovation, or are both stifled? Should copyright terms be shortened, and should the public interest play a more important role in IP policymaking? Do you think the Patent and Trademark Office issues too many patents and under too lax standards (e.g. business method patents, patents of sections of genomes that have been discovered rather than invented)?

Not including any Justice who has served during the 21st century, please name a Supreme Court Justice you respect and admire and the basis for views.

Does your federalism extend to supporting such laws as the Canadian medical marijuana legislation?

That should say Californian...

Do you believe that any one or more of Bush, Cheney, Rumsfeld, Rice, Powell, Hadley or Feith is exempt from prosecution for the war crime of the attack against Iraq?

Since President Bush has acknowledged repeated violations by his administration of the Foreign Intelligence Surveillance Act, do you support the appointment of a special prosecutor for the purpose of investigating whether criminal charges should be filed against the government officials who were involved?

How will you decide which acts of Congress you will obey, and which you will ignore?

Multi-parter:

Do you believe Lochner v. New York was correctly decided?

Do you believe Griswold v. Connecticut was correctly decided?

If your answers to these questions differ, what is the legal basis for the difference?

With the upcoming onslaught of trucks coming in from Mexico under the Mexican Truck Pilot Program, what will you do to keep our highways safe, our trucking jobs secure and ensure that our DoT officers enforcing our laws will not meet the same fate as Jose Compean, Ignacio Ramos and Gilmer Hernandez?

"Do you believe Lochner v. New York was correctly decided?

Do you believe Griswold v. Connecticut was correctly decided?

If your answers to these questions differ, what is the legal basis for the difference?"

Off topic, but one broad, structural answer is that the Constitution grants Congress greater authority over the economic sphere than over personal liberties (see commerce clause, bankruptcy clause, etc. v. lack of enumerated powers and affirmative prohibitions in Bill of Rights), and that the same difference could generally apply to judicial review of state regulation of putative unenumerated economic v. putative unenumerated personal liberties, as in the Lochner/Griswold apparent mismatch in result.

In the war on terror, we do not treat enemy combatants as prisoners of war and the way we currently treat enemy combatants fails to provide them with a fair trial, (as though we have assumed that they are guilty because they were apprehended). Should those accused of terror be protected by the Constitution or held under prisoner-of-war status, and if not either of these choices what legal safeguards should exist to protect them from wrongful conviction?

Could you do a post listing the questions you choose to send along. Also, maybe, with commentary as to why you chose those questions? I (and hopefully not just I) would be curious to know.


[DK: Will do. So far, I've decided to definitely include a federalism question, although I haven't picked which particular one. It's a legal topic that's of great interest to the VC bloggers, and, judging by the comments, the readers as well.]

What do you think of current proposals to enforce network neutrality through federal telecom regulations? If you support any parts of these proposals, can you clearly describe which services would be covered by these?

Do you think the Brand X case, 545 U.S. 967 (2005), was rightly decided? Does the notion of a common carrier have any place in the federal regulation of modern Internet services?

Do you have any concerns about competition in the telecom industry that you think should be addressed by the federal government? Generally speaking, do you think current federal antitrust policy is too aggressive, too lenient, or about right? Why?

Some states have restricted municipalities from providing Internet access, most especially WiFi, as a public utility. Even if you think this is moronic on the part of the states, would it ever be justified for any part of the federal government to intervene?

What does the tenth amendment mean?

Boxer shorts or briefs?


Sorry. I could not help myself. So many serious questions.

Do you play any musical instruments? Which one.

U oh. I slipped up again. Sorry.

What can be done about Federal, state and local seizure laws?
While I can't condone criminals profiting from drug crimes in particular, giving police agencies a profit motive is appalling to me. It can only lead to abuse. I can only imagine our Founders view of current seizure laws.

What are your ideas on Tort Reform?
Do we need tort reform?
How would you implement that reform?

What and how do you propose to forge a compromise, quickly and without damaging political wrangling, over these distracting issues regarding the rights of captured non-state terrorists in American federal jurisprudence; so that your Administration can focus on the more critical task of destroying the terrorist's capacity or will to wage war?

Plese explain why you do or do not agree with the legislation known as "McCain Feingold".

If you do not agree with it, what would you like to change?

Should states (and the federal government, with respect to claims based purely on federal statute) adopt the English system of awarding attorneys' fees, i.e., the losers in civil litigation become obligated to reimburse the prevailing parties for their attorney fees'? If not, why not? If so, why?

As Chief Minority Counsel to the Senate Committee investigating Watergate, you learned quite a lot about the abuse of executive power. Many Americans are now very concerned about this issue in light of allegations relating to the Bush Administration. What are the most important lessons did you learn about the abuse of executive power from your service during the Watergate era, and how will you apply these lessons if you are elected?

Fred,

I'm 31, married, with two kids. I am also a type 1 (juvenile) diabetic. My kids are a little younger than your youngest 2, so I'm looking to a long and happy future with them. In the event that doesn't happen, I can't afford much in the way of life insurance. How do we trust the future will be better for the next generation, especially when we can't always insure it?

Thanks!

Andy

Outside of immigration, what really separates your policies from Bush's? Because as far as I can tell, there's no separation. You'll implement the same policies outside of religion, especially in Iraq, and Iran, won't you?

I have bad news for you: drug legalization (as a general rule) enjoys about 10% support from the American public--and increasingly, it isn't because the libertarian argument hasn't been presented, but because a lot of people have heard the argument, and have decided that the hazards of legalization are worse than the hazards of keeping them illegal.

So, that makes the majority correct, Clayton? What's your point? Obviously, many libertarians are aware that we aren't making much headway here. Those promoting the abolition of slavery probably felt the same way in 1840.

Senator, you were strong in your support of Scooter Libby and said that you would pardon him. As president, would you also pardon former border control agents Jose Compean and Ignacio Ramos, who were convicted and imprisoned for shooting an illegal alien who was smuggling illegal drugs?

1. what is your position on the status of jerusalem as the official capital of Israel

2. what is your position on the Death Penalty.

K. asaj

Is possession really 9/10's of the law?

Not according to the DEA.

(couldn't help myself)

Glad that you made your entry in the campaign official!
I am a factory worker from rural Wisconsin and I have a few questions for you.
What will you do to protect American jobs from being exported? The Chinese import fiasco brings into question the wisdom of outsourcing jobs when Americans can build a better quality,safe product. Also,would you support/enforce any laws regarding the "Point of Origin" labels for imported food?
I think as an American consumer I have the right to know where potential food purchases originated.
Sincerely,
James.

Mr. R. White:

My brother was killed in a boating accident. had he not died, maybe, two teenage girls would have.

And your suggestion, I oppose.

What's next, licensing for bicycle riding?

If you want the nanny state go back to the north-east. You cannot be from Texas.

Jaime
Houston, Texas

Reply to Jam (Jaime) Houston

Lake Lewisville in North Texas is just one Local example of numerous boating death cases NATIONWIDE.

Comparing that an unsupervised 14 year old, driving Daddy's $200,000, 1400 Horsepower, 80 MPH, 40 foot Powerboat, with Zero Training, poses no more danger to others than operating a bicycle, causes my guess that you must have Failed Math and Physics, perhaps due to poor teachers. (NO OFFENSE INTENDED)

Such a boat has Tenfold the Mass and Explosive Fuel capacity of a car, has NO BRAKES, NO Airbags, and NO Seat Belts...FURTHER, one cannot DROWN on the street from a temporary loss of consciousness either.

There is a REASON that cars, trucks, motorcycles and aircraft operation requires training and licensing. Commercial Watercraft operation also requires a Captain's License.

Similarly, the interaction of Mass, Inertia, Acceleration, Velocity and Gravity forces, can easily overpower the strength and therefore the ability; for ANY Motorcycle passenger to avoid falling off and being run over, not to mention a child, whose arms are obviously shorter and weaker than those of an adult.

Simple Common Sense should guide even those folks who don't understand the Math and Physics.

Jaime, you may (now) want to THINK YOUR OPINION THROUGH a little further. I am sorry to hear about your Brother.

RW

All replies welcome. (Especially Fred's...)

RW - a couple of points:

Capitalization of common nouns within a sentence, although de riguer a century or two ago, is not standard usage today. Without touching on ad hominum, that's as much as I'll say.

Since Fred is running for national office, I don't see what the nexus with Texas state law is. Oregon prohibits the operation of powered motorcraft of more that some maximum horsepower (something like 5HP, IIRC) without a valid boater's lincense. Why Texas cannot do the same is beyond me. This issue is certainly much below the radar of a presidential candidate.

If, as you claim, the "interaction of mass, inertia, acceleration, velocity and gravity forces" can cause ANY motorcycle passenger to fall off, why did I see four motorcycle passengers yesterday nonchalantly riding along, with none of them flying into the air to be cruelly dashed on the pavement? I think you misunderstand the interaction of those factors. Add in friction and the ordinary strength of the human body, and the explanation of what I see is clear. As to the applicability of those same factors to children, remmenber that inertia is very much a function of mass, and the human strenth necessary to resist forces that would be applied to an adult body is not required of a child, only the strength of the forces applied to a child's body.

Which is why my children and my grandchildren rode on the back of my motorcycle from about age 7, when their legs were long enough to touch the pegs. None of them ever flew off, nor has my passenger wife, who can't even bench press 50 pounds. Without superhuman strength, she manages to hold on during some spirited riding involving lean angles enough to scrape pegs and speeds well above the posted limit (only with clear roads and sight lines, of course... especially sight lines for Officer Friendly).

I don't know what the source of your antipathy toward motorcycles is, but I have to correct your misunderstandings, lest others are led into error.