Monday

 

Aruging with people whom I hope are kidding

I was just in the audience at an open mike at the Bowery Poetry Room, because one of my friends was hoping to get a spot to perform her comedy routine. She didn't get to go on stage (and the previous times I've seen her she was better than anyone who I did see), but I was introduced to Chris Brodeur's mayoral campaign as fifth guy in the Democratic primary. The first spot in the open mike went to him, and the sixth or seventh went to someone else who had a video in support of his campaign. I'm not going to go into my substantive disagreements with his platform (yet), because I'd like to read the online copy rather than just going by my memories of what he said. But I would like to note that his proposal that he would sign a contract guaranteeing that he'll fulfill all of his campaign promises is almost definitely unenforceable (lack of consideration, I haven't checked the case law but am fairly sure voting for someone can't constitute consideration), and it is unquestionably false that if he violated said contract he'd have to go to jail. Rather, even if it were for some reason enforceable, someone would have to argue for their expectation, reliance, or restitution damages.

More generally, he doesn't seem to have any idea what the Mayor's powers are. For instance, the New York Penal Code (which he proposed "adding the Bill of Rights to") (I lied when I said I wasn't going by my memory) isn't set by the mayor, and making violating the Bill of Rights a crime under the penal code would be quite ludicrous, if only because every prosecution would be unbelievably political and make sure that no government actor ever did much of anything (he clearly wasn't thinking about judges, prosecutors, or any other official being immune for their official acts).

# posted by washerdreyer @ 8/29/2005 11:41:00 PM
|