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HOUSTON DAILY JOURNAL
How did the federal system begin?
Dear Readers, We’ve
' previously dealt with issues
; involving Federal crimes; I
thought it might be interest
ing to explore the origins of
the Federal criminal justice
system.
Lawyers and judges dif
ferentiate between Article
I and Article 111 Federal
courts. The United States
Supreme Court was cre
ated, and its powers pro
scribed, by Article 111 of the
Constitution. Its “original”
jurisdiction was limited to
cases or controversies touch
ing on purely national inter
ests, such as those involving
other nations or a State or
States.
Otherwise, it is limited as
the final court of appellate
jurisdiction over the myri
ad of courts created by act
of Congress, e.g., “Article I
courts.” In theory, if these
Congressional courts were
dissolved, the United States
Supreme Court would lose
almost all of its power to
impact our lives - if there
were no Article I courts,
there would be nothing for
it to review.
Curiously, “treason”
against the United States
is the only crime specifically
addressed by the Constitution
as a purely Federal crime
(although no penalty is pro
scribed). Imagine a world in
which there were NO other
Federal crimes . . . it’s pos
sible.
In the early Twentieth
Century, as America emerged
from the Industrial Age
and the progressive move
ment embodied by Teddy
Roosevelt, Woodrow Wilson,
and Franklin Roosevelt
moved to reshape this coun
try, the “states rights” con
flict of the Civil War brewed
anew. Progressives wanted to
use the muscle of the nation
al government to imprint
Bone stress can have big impact
Stress on the bones in
your heel and ankle is
increased when incor
rect heel movement strains
tissue. Over time, excess
strain may change the struc
ture of your foot, causing
damage
and heel
pain. In
addition,
the effects
of arthri
tis can
damage
bones(and
joints)
or inju
ry from
a direct
blow, caus-
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Dr. Jokhai
Columnist
The Foot Doctor
ing pain. Treatment goals
include reducing abnormal
stress on bones.
Heel spur
A heel spur is a bony out
growth at the base of the
heel bone near the plantar
fascia. When you stand a
spur may cause pain on the
bottom of the heel. As with
plantar faciitis, the pain
may decrease after stand
ing or walking a short time.
The pain you feel is not
from the spur itself. Your
heel hurts because the spur
pinches a nerve or pressure
against the plantar bursa. If
the bursa becomes inflamed
(buritis), it may squeeze the
plantar fascia.
Hagland’s Deformity
This bony outgrowth
develops on the upper back
of your heel bone. “Pump
Bump” is the nicknamed
given to the problem which
you may feel pain where the
edge of your shoe rubs the
Achilles tendon.
Stress fracture
A crack in the heel bone,
usually behind or below the
subtalar joint is known as
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equality and uniformity on
the still-divided country;
proponents of states rights
decried the encroachment
on state sovereignty.
In 1936, this battle spilled
over into a major war when
the Supreme Court struck
down as unconstitutional
many pro
visions
of FDR’s
New Deal,
which was
intended
to regu
late indus
try. FDR
responded
by threat
ening to
“pack”
1
*7A
Jim Rockefeller
Columnist
the Court, using his large
Democratic majorities in
Congress to expand the
number of justices to 12,
beyond the traditional nine,
with explicitly pro-New Deal
justices. This attempt failed,
but the court eventually set
tled with FDR’s view, e.g.,
the preeminent power of
Congress to regulate indus
try.
The source of this author
ity was derived from
Congress’ Article I enu
meration of powers (section
8). First, there is the “com
merce clause,” conferring on
Congress the exclusive power
“To regulate Commerce
with foreign Nations, and
among the several States,
and with the Indian Tribes.”
Eventually, this became the
springboard for our mod
ern criminal code. Secondly,
there is the catch-all, “nec
essary and proper” clause,
providing Congress the ple
nary power “To make all
Laws which shall be neces
sary and proper for carrying
into Execution the foregoing
Powers ...” Reading these
clauses together, Congress
has a “necessary and prop-
stress fracture. You may feel
pain during extended activi
ties and when you touch the
injured area.
Sever’s Disease
Sever’s Disease (calcaneal
apophysitis) is an inflamma
tion in the area between the
sections of bone that make
up the heel. This problem
usually occurs in young peo
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[41053
er” aspect of its regulatory
power to regulate commerce,
is to control the commis
sion of crimes flowing across
state lines.
Thus, all federal crimes
involve, as their linchpin,
some aspect of interstate
commerce.
Banking crimes involve
the national financial indus
try, telephone lines, and the
internet. Gun crimes involve
guns manufactured and/or
trafficked across state lines.
Narcotics, legal and illegal,
are regulated by the FDA
and involve, a priori, either
by component or delivery,
some type of interstate com
merce.
What emerges, then, are
parallel criminal justice sys
tems of concurrent Federal
and State jurisdiction over
criminal activity.
Nothingin our Constitution
explicitly provides for such
Federal prosecutions, yet
the United Supreme Court
has found authority to per
mit national approaches to
modern crimes and criminal
organizations. Back to my
question - can you imag
ine no Federal prosecution
of banking or drug crimes?
What State could effectively
prosecute international drug
cartels, mafiosos, or nation
alized gangs? Today, it is
hard to conceive of such a
world and, thankfully, we
need not concern ourselves
with it.
Warner Robins attorney
Jim Rockefeller is the for
mer Chief Assistant District
Attorney for Houston County,
and a former Assistant State
Attorney in Miami. Owner
of Rockefeller Law Center,
Jim has been in private
practice since 2000. E-mail
your comments or confi
dential legal questions to
ajrtfi rockefellerlawcenter.
com.
pie whose bones have not
yet fused and fully matured.
Active children between the
ages of 8-12 years of age
are most often affected by
Sever’s disease. When deal
ing with this disease you
may be forced to limp or to
walk on your toes due to the
back of your heel hurting.
Next: Nerve problems
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A simple approach to
a balanced scorecard
I enjoy making complex
concepts relevant to
organizations that can’t
afford the time and research
to learn about them. One
such topic is “strategic
planning.”
Okay, don’t let your eyes
glaze over! And don’t move
on to something else yet.
Remember, my objective is
to make a difficult subject
simple to apply in your real
world!
During the 30 years that
I worked with two large
companies, I confess that
strategic planning was not
one of my areas of exper
tise. I was privileged to par
ticipate in several high-level
strategic planning events.
But I never could become
deeply invested in the two
inch binder that was the
outcome “product” of those
off-site planning sessions.
I’ve become a convert,
however! I’ve worked with
a colleague who can take a
cross-section of employees
and in a day of genuine fun,
create a one-page strategic
plan. The single document
includes several new ini
tiatives that will move the
organization in the direc
tion it wants to go, defin
ing the desired outcomes of
those initiatives.
His process includes the
generation of a “balanced
scorecard.” Now that may
be a term you’ve heard but
never fully understood.
It’s relatively simple if you
break down the concept.
Traditionally, businesses
have measured success in
financial terms, such as
revenues, expenses, and
profits.
But remember the dic
tum, “What gets mea
sured gets managed.”
In every organization,
there are other measures
besides just the finan
cials. Identifying the most
critical measures, you can
generate a “scorecard” for
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tracking results and even
use the scorecard for man
aging activities.
But why a “balanced”
score
card?
One of
the most
difficult
respon
sibilities
of lead
ership is
finding
the right
balance
in all
things
c\
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f&’ A
Dennis Hooper
Leaders Building
Leaders
including a tool for mea
suring results. Yes, even
the scorecard needs to be
balanced-between finan
cial and non-financial mea
sures, between short-term
and long-term objectives,
between lagging and lead
ing indicators, and between
external and internal per
formance expectations.
Short of hiring my col
league to help you, what
can you do? Here’s what I
recommend to my clients.
Choose the three to five pri
mary areas where you track
results. Generate a graph of
each for the past five years
(you can go back further if
you like). Project forward
at least two years what you
desire for future results.
Display those graphs in a
public place where employ
ees can easily see them (but,
depending on the measures,
not in an area frequented
by customers).
Assessing Your
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Beneath each graph, post
an explanation as to why
that particular measure is
critical for the success of
the organization.
Beneath those descrip
tions, identify behaviors
that contribute to the
improvement of that mea
sure. These are actions that
any employee might take
to enhance the likelihood
of achieving the projected
future outcomes.
Now you have a great
start! You are measuring
the results that matter
and sharing the informa
tion with your employees.
Adjacent to each measure,
you can post monthly a
year-to-date chart so that
everyone can see progress
as the year develops.
Each employee’s actions
will have more influence on
one or two of the measures
than on the others. Along
with his or her boss, each
individual should develop a
clear, specific plan for track
ing behaviors and personal
results that contribute to
those measures.
Each individual needs
this clarity of focus, since
no individual has the time,
energy, and influence to
have a major impact on all
the measures.
Dennis Hooper is a cer
tified leadership develop
ment coach who helps lead
ers build organizations of
excellence. E-mail him at
dhooper2(aj uno.com or
phone him at 478-988-0237.
F. Dennis Hooper
Certified
Leadership Development Coach
Building leaders and
organizations of excellence
(478) 988-0237
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