There's an old inside-the-Beltway joke where a new House member is being shown around by a veteran of his own party. He is awed by entering the House floor for the first time, and is shown his new seat. He asks, pointing across the aisle to where the other party sits, "Is that where the enemy sits?" The older and wiser Congressman replies, "No, no, here in the House of Representatives we call our opponents 'the loyal opposition.' You're new, so you need to understand this. 'The enemy' is the Senate."

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Deep into the interregnum (interpresidentum?... interpresidium?) between the outgoing Bush administration and the incoming Obama administration seems to be a good time to ask: Does this make sense anymore? Why does America wait two-and-a-half months between when we elect our leaders and when we actually let them enter office? And does it make sense to change it?

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Is Hillary Clinton eligible to become Secretary of State? Putting aside the question of what her chances of being appointed actually are (which I wrote about yesterday), is she even legally able to take the job if offered? The answer appears to be a strong "probably."

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As I see it, the issue breaks down in a number of ways. The first question is anonymity -- do Americans have an absolute right to anonymity in political messages? The second question is technological -- is anonymity a right, no matter what the medium? And the third question seems to be political, and deal with campaign and election law -- what kinds of rules on speech are constitutionally allowable in politics?

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One of the more scurrilous 2008 campaign tactics (in a campaign seemingly full of them) had to have been those insidious "Have you heard... Barack Obama is a secret Muslim?!?" emails. These bounced hither and yon on the internet almost from the beginning of the campaign itself (or at the very least, since when it looked like Obama had a chance at the nomination). This sort of activity would likely fall into most people's "there ought to be a law" list -- a list of things worth changing in our election process. Unfortunately, the state Supreme Court of Virginia handed down a ruling in the midst of the campaign which may ultimately make any sort of limits on this sort of anonymous political (and technological) mudslinging actually unconstitutional. Meaning it would be impossible to pass any sort of laws against the practice at all.

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First, though, I got tired of endlessly downloading various "election results" webpages, in the hopes of getting some final results. And I also got tired of waiting for the mainstream media to do its job and inform the public what is going on with the remaining states, whose election results have not yet been reported. So I called up the state election officials myself, and thought I would share with you what I found.

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Good news for the Bill of Rights out of Berkeley -- they've restored free speech. The really astounding thing, and the reason this is a "man bites dog" story and not a "dog bites man" bit of non-news, is that they updated their laws in support of those voicing extreme right-wing positions. Since Berkeley is charmingly known in the Bay Area as "The People's Republic Of Berkeley," this is news indeed.

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Things are getting pretty nasty out on the McCain campaign trail, it seems. Not much talk of "reaching across the aisle" these days. Now, while anyone with a halfway-decent brain saw this coming, this obviously doesn't include most of the mainstream media. Of course the end of the campaign was going to be nasty. Of course McCain and his minions were going to throw everything they could at Obama. Barack Obama himself knew this was coming. Democrats should have known it was coming. It's the old story of the scorpion and the frog -- McCain is getting nasty because he's a Republican candidate for president. "I'm a Republican, it's my nature," in other words.

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Two stories from the "power corrupts" department appeared this week, one on the state level and one on the federal level. Both just go to show, once again, that whenever sweeping surveillance powers are granted to those in authority the end result is almost always the same -- widespread abuse of such power to go after anyone the government takes a dislike to, rather than the "terrorists" who are the supposed targets of the law.

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Now, I refuse to get too wrapped up in the question of who "won" the debate. In general, unless one candidate obviously self-destructs, this question is answered among most Americans quite subjectively and quite personally. I thought, much as I did with the first presidential debate, that last night was largely a draw. Neither candidate completely fell on their face, both candidates spoke fairly well, and neither one completely outshone the other.

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