Because of Amendment XVII:

When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

Vacancies are to be filled by special election, but until said election, the governor of the state may, but is not required to by the U.S. Constitution, appoint a temporary Senator if state law says the governor can.   Any vacancies in the House, however, must be filled solely by special elections according to Article I, Section 2 no temporary appointments:

When vacancies happen in the Representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

The Senate practice of temporary appointments is, according to the Congressional Research Service, a holdover [PDF] from the original election procedure of senators where, prior to the 17th Amendment, state legislatures would choose the senators for their state:

This practice originated with the constitutional provision that applied prior to the popular election of senators, under which governors were directed to make temporary appointments when state legislatures were in recess. It was intended to ensure continuity in a state’s Senate representation during the lengthy intervals between state legislative sessions.

Another aspect of our government and election system dictated by antiquated rules and practices (like voting on a Tuesday; more on that later), but not if Wisconsin Senator Russ Feingold has his way.   On Sunday, Feingold announced:

The controversies surrounding some of the recent gubernatorial appointments to vacant Senate seats make it painfully clear that such appointments are an anachronism that must end. In 1913, the Seventeenth Amendment to the Constitution gave the citizens of this country the power to finally elect their senators. They should have the same power in the case of unexpected mid term vacancies, so that the Senate is as responsive as possible to the will of the people. I plan to introduce a constitutional amendment this week to require special elections when a Senate seat is vacant, as the Constitution mandates for the House, and as my own state of Wisconsin already requires by statute. As the Chairman of the Constitution Subcommittee, I will hold a hearing on this important topic soon.

Given the recent, shall we say, circus with the vacant Senate seat in Illinois and the odd and ill-fated pseudo-campaign of a certain would-be senator for New York, the power to decide the representative of the people should be left to the people.

(***NOTE: POSSIBLE SPOILERS BELOW!   READ ON ONLY IF YOU’VE SEEN THE SEASON 5 PREMIERE!***)

Season 5 of the television show Lost began this week.   As expected, the opener was frustratingly good.   New questions posed, new curiosities raised all leaving viewers wanting more.

One particular scene from the two-part opener I most enjoyed was this scene between Hurley and his mother:

This scene is the perfect summation of the first four seasons of the show on two levels.   First, Hurley’s seemingly crazy explanation/recap of what happened to the passengers of Oceanic Flight 815.   Second, and I think more significant, the response of his mother at 1:54 in the clip: “I believe you. I don’t understand you.”   At this moment, viewers of the show are Hurley’s mother.   This isn’t his mother talking; this is the viewers of the show talking.   From the smoke monster to The Others to the polar bear to the time travel to the reappearance of dead people, we believe all these things are happening, but we don’t understand them, how they all fit together, or why they happen.   We believe them, but we don’t understand them.   This scene is the perfect representation of the relationship between the show and the viewers.

And now I eagerly await the next opportunity to be LOST once again.

When was the last time a cabinet secretary was greeted with such excitement arriving to his or her first day of work?   Below, State Department employees cheer the arrival of Secretary Hillary Clinton:

A very handy guide to track the progress on campaign promises of President Obama: The Obameter from PolitiFact.

(Nod: The Daily Dish)

(Nod: The Daily Dish)

Here is an update in my ongoing interest keeping up with Washington’s constitutional shenanigans.

Back on 19 December I wrote about then-Senator Hillary Clinton officially receiving a Saxbe Fix to, according to Congress, make her eligible to become a cabinet secretary.   In the same post, I mentioned then-Senator Ken Salazar needed a fix as well.   Unknown to me until this morning, Congress passed Senate Joint Resolution 3 (S.J.Res.3) on 7 January 2009 making Salazar eligible for his cabinet post.

I also mentioned Representative Hilda Solis needed a Saxbe Fix to become the secretary of labor.   Thus far, there has been no fix for her, and she still has yet to be voted on by the Senate.

Finally, I wrote then-Representative Ray LaHood needed a fix as well, but I was mistaken: he retired from Congress and thus was not reelected.   With his term expiring at the end of the previous Congress, he is safe from Article I, Section 6.

So here’s to yet another Saxbe Fix and a debate on fixing the Saxbe Fix.

Using the same design and animation concepts from their New Year’s commercial, Pepsi launched a new commercial to coincide with the presidential inauguration Tuesday:

Last evening in the Map Room, Chief Justice John Roberts re-administered the presidential oath of office to President Obama to dispel any questions of whether or not Obama is the legal president.

In a written statement, White House Counsel Greg Craig said, “We believe that the oath of office was administered effectively and that the president was sworn in appropriately yesterday. But the oath appears in the Constitution itself. And out of an abundance of caution, because there was one word out of sequence, Chief Justice Roberts administered the oath a second time.” He was, of course, referring to this flub from Tuesday.

Ben Smith posts the White House pool report about the event:

At 735 pm, Roberts administred the oath of office again to obama in the map
room. Robert gibbs said the wh counsel, greg craig, believes the oath was
fine Tuesday, but one word was out of sequence so they did this out of a
“an abundance of caution.”
“We decided it was so much fun…” Obama joked while sitting on a couch.
Obama stood and walked over to make small talk with pool as roberts donned
his black robe.
“Are you ready to take the oath?” Roberts asked.
“I am, and we’re going to do it very slowly,” obama replied.
Oath took 25 seconds.
After a flawless recitation, roberts smiled and said, “congratulations,
again.”
Obama said, “thank you, sir.”
Smattering of applause.
“All right.” Obama said. “The bad news for the pool is there’s 12 more
balls.”

(Photo: Pete Souza/The White House)

At 12:01 PM EST yesterday, the White House website was switched over to reflect the new administration.   With the new website comes a White House blog, and one of the first posts explains the purpose of the blog: communication, transparency, and participation.

This I thought was interesting:

Participation — President Obama started his career as a community organizer on the South Side of Chicago, where he saw firsthand what people can do when they come together for a common cause. Citizen participation will be a priority for the Administration, and the internet will play an important role in that. One significant addition to WhiteHouse.gov reflects a campaign promise from the President: we will publish all non-emergency legislation to the website for five days, and allow the public to review and comment before the President signs it.

But what I found most interesting was the title of the post author, Macon Phillips: White House Director of New Media.

If there ever were a perfect job for me, I’m fairly certain White House Director of New Media would be it.   Where else beside the Obama White House could I marry my love of politics with my skills and awareness of technology while serving passionately for the greater good?

Watch out, Macon.   I may be coming after you!

In President Obama’s inaugural speech, the core message was to break from and right the mistakes of the past with core American values while urging a greater sense of togetherness.   This speech wasn’t the lofty rhetoric Obama was oft criticized about all show and no substance.   No, this speech was all substance: it’s time to remake America, and that will require sacrifice and responsibility from all.

From the transcript:

What the cynics fail to understand is that the ground has shifted beneath them that the stale political arguments that have consumed us for so long no longer apply. The question we ask today is not whether our government is too big or too small, but whether it works whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified. Where the answer is yes, we intend to move forward. Where the answer is no, programs will end. And those of us who manage the public’s dollars will be held to account to spend wisely, reform bad habits, and do our business in the light of day because only then can we restore the vital trust between a people and their government.

This is the way I see Barack Obama: as a trans-partisan figure.   The debate shouldn’t be about red vs. blue, one party vs. another party; the debate should be about pragmatism.   Does the government work for the people it is meant to work for?

And this passage, a repudiation of the Constitutional distaste and unilateralism of the Bush Administration, also gives me hope for what to expect from an Obama Administration:

As for our common defense, we reject as false the choice between our safety and our ideals. Our Founding Fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience’s sake. And so to all other peoples and governments who are watching today, from the grandest capitals to the small village where my father was born: Know that America is a friend of each nation and every man, woman and child who seeks a future of peace and dignity, and that we are ready to lead once more.

I think it may be easy for many to dismiss this speech simply because it didn’t contain those one or two lines that generations will recite in classrooms.   But those who may dismiss the speech lose sight of the core message: we face problems not solvable by generic, lofty rhetoric.   The problems we face can only be solved by substance, and it’s time to get to work.

With hope and virtue, let us brave once more the icy currents, and endure what storms may come.

It’s official now: Barack Obama is the President of the United States.   Today in front of a massive, tearful, and cheerful crowd, history was made and the peaceful continuity of government achieved.

The oath of office of the 44th President of the United States:

A small hiccup in today’s ceremonies, but no big deal.   It seems that President Obama’s talking over Chief Justice John Roberts may have shook his focus enough to then slightly scramble “faithfully” in the oath which then caught Obama off guard (because no doubt he practiced in the correct order).   Roberts then got the order correct, but Obama recited Robert’s initial wrong line, “execute the office of President of the United States faithfully” instead of “faithfully execute the office of President of the United States.”

Knowing that both the president and chief justice are still human is pleasingly reassuring.

Today, Inauguration Day, is a celebration of the moment and the future.   For me, the day is summed up in one word: wow.

Wow in the sense the United States will inaugurate its first African-American president.   One-hundred forty-six years after President Lincoln issued the Emancipation Proclamation and forty-six years after Martin Luther King, Jr., delivered his “I have a dream” speech, the work and dreams of two men and countless others have been realized.   Collectively, we as a nation can judge beyond the color of someone’s skin.   After all, “We hold these truths to be self-evident, that all men are created equal.”

Wow in the sense of the peaceful transition of power.   No matter the disagreements between outgoing and incoming presidents, no matter the personal feelings of the two men, no matter any animosity that exists between the political factions of the two men and their supporters, the dream of the Founding Fathers lives on today.

Wow in the sense of a more personal reflection.   I was a supporter and admirer of soon-to-be-President Barack Obama since well before he was a candidate for president.   When I saw him speak at the 2004 Democratic National Convention, I realized this man was going somewhere, and he would take the rest of us with him.   I wrote about him, I talked to friends and family about him, I attended a rally of his, and I donated to and volunteered for his campaign.   The magnificent journey that was the 2008 presidential campaign and that I and so many others participated in comes to a close tomorrow.

But with that closure comes a new chapter.   I don’t think anyone envies Obama and the enormous task he and we face.   I have no doubt, though, as he’s demonstrated in the weeks leading up to his assumption of power today, he has the patience, the intellect, and the ambition to work for and with us to rebuild.

Tomorrow, though, we celebrate, from sea to shining sea.

Wow.

Perhaps an overplayed video from the 2008 presidential campaign, but the message surely isn’t overplayed:

The text of Barack Obama’s speech given after the New Hampshire primary and quoted in the video:

But the reason our campaign has always been different, the reason we began this improbable journey almost a year ago is because it’s not just about what I will do as president. It is also about what you, the people who love this country, the citizens of the United States of America, can do to change it.

That’s what this election is all about.

That’s why tonight belongs to you. It belongs to the organizers, and the volunteers, and the staff who believed in this journey and rallied so many others to join the cause.

We know the battle ahead will be long. But always remember that, no matter what obstacles stand in our way, nothing can stand in the way of the power of millions of voices calling for change.

We have been told we cannot do this by a chorus of cynics. And they will only grow louder and more dissonant in the weeks and months to come.

We’ve been asked to pause for a reality check. We’ve been warned against offering the people of this nation false hope. But in the unlikely story that is America, there has never been anything false about hope.

For when we have faced down impossible odds, when we’ve been told we’re not ready or that we shouldn’t try or that we can’t, generations of Americans have responded with a simple creed that sums up the spirit of a people: Yes, we can. Yes, we can. Yes, we can.

It was a creed written into the founding documents that declared the destiny of a nation: Yes, we can.

It was whispered by slaves and abolitionists as they blazed a trail towards freedom through the darkest of nights: Yes, we can.

It was sung by immigrants as they struck out from distant shores and pioneers who pushed westward against an unforgiving wilderness: Yes, we can.

It was the call of workers who organized, women who reached for the ballot, a president who chose the moon as our new frontier, and a king who took us to the mountaintop and pointed the way to the promised land: Yes, we can, to justice and equality.

Yes, we can, to opportunity and prosperity. Yes, we can heal this nation. Yes, we can repair this world. Yes, we can.

And so, tomorrow, as we take the campaign south and west, as we learn that the struggles of the textile workers in Spartanburg are not so different than the plight of the dishwasher in Las Vegas, that the hopes of the little girl who goes to the crumbling school in Dillon are the same as the dreams of the boy who learns on the streets of L.A., we will remember that there is something happening in America, that we are not as divided as our politics suggest, that we are one people, we are one nation.

And, together, we will begin the next great chapter in the American story, with three words that will ring from coast to coast, from sea to shining sea: Yes, we can.

Via The Daily Dish, a cool website from Big Spaceship featuring some great creativity and animation in Flash preloaders: Pretty Loaded.

(Nod: The Daily Dish)

On Tuesday, President Bush invited President-elect Obama and former-presidents Clinton, Bush, and Carter to the White House for a lunch and a lovely photo op:

In photo ops such as this, I always wonder if aides to the gentlemen consult what color of ties the other gentlemen are planning to wear.   The two Bushes and Obama all are wearing a nearly identically-colored ensemble, but if you switch out the tie colors, a little variety and separation would be present.

Even in presidential debates, do both campaigns coordinate the tie colors as part of the myriad of rules for the debates?

Or am I overthinking this? :-)

Hilarious:

(Nod: The Daily Dish)

If you’ve visited in the last few days, by now you’ve noticed the new design here on joehribar.com. My goal was to give a slight face-lift to the previous design while doing some minor reorganization with the sidebar.

Please leave me your thoughts on the redesign as well as any problems or discrepancies you find with the site.

And as always, thanks for visiting!

2008:

2009:

A splendid motion-graphics-based Pepsi commercial for the new year and coinciding with their newly launched branding.   Slick, colorful, and simple.   “It’s time for joy” indeed.

Here’s more on my November post about the new limousine for the inaugural parade from The Detroit News:

Spy shots of a test version of the new presidential limousine made the rounds on blogs this summer, with some suggesting it was built on GM’s medium-duty truck platform and had a diesel engine. But those photos didn’t have GM production panels.

Another company provides heavy armor that is reportedly at least 5 inches thick for the vehicle. The limousine also has run-flat tires, bulletproof glass and a completely sealed interior to ward off a chemical attack, among many other high-tech security features. It also has electronic communications equipment.

And this:

[GM spokesman David] Caldwell said it would be a mistake to classify the new vehicle as a truck or a sedan.

“The president is not riding in a medium-duty truck, nor he is riding in a sedan,” he said, adding that it is a “unique” vehicle.

Yeah, it’s not a truck or a sedan.   It’s a tank.   Just look at how thick the door is (!):

(Nod: Marc Ambinder)

Green on the radar I can handle.   I’ll even begrudgingly handle blue.   But pink?   No thank you.

From the National Weather Service:

SNOW IS EXPECTED TO DEVELOP ACROSS THE REGION AFTER MIDNIGHT. HOWEVER… WARMER AIR ALOFT WILL FORCE THE SNOW TO CHANGE TO A WINTRY MIX OF SNOW… SLEET AND FREEZING RAIN BETWEEN 2 AM AND 5 AM.

SIGNIFICANT ICE ACCRETIONS OF ONE QUARTER TO ONE HALF INCH ARE EXPECTED ALONG AND NORTHWEST OF THE INTERSTATE 84 CORRIDOR… AS WELL THE HIGHER TERRAIN OF SOUTHWEST AND SOUTH CENTRAL MASSACHUSETTS DURING THE DAYLIGHT HOURS WEDNESDAY. WEDNESDAY NIGHT WILL CONTINUE TO BE SLIPPERY… AS MIXED PRECIPITATION CHANGES BACK OVER TO SNOW OR SNOW SHOWERS.

THE EXPECTED 1 TO 2 INCHES OF SNOW AND SLEET ACCUMULATION IN ADDITION TO THE GLAZE… WILL RESULT IN SIGNIFICANT TRAVEL PROBLEMS LATE TONIGHT AND WEDNESDAY.

I live along the I-84 corridor.   Yay.

Pepsi recently revamped its logo and beverage container design. The new logo clearly retains the spirit of the old logo but injects a different feeling. But what is more intriguing to me is the design of the beverage containers.

Cans (from pepsigallery.com and ignoring the awful faked reflections):

And the bottles (from Brand New):

The new look fizzes with excitement. Not the excitement of a million things going on in the design at the same time; rather, it’s the excitement of a minimal design allowing greater, more focused communication of the brand and message. The new can and bottle designs are incredibly clean.   While I may not think the product inside is refreshing (I’m an avid water, tea, and milk drinker), the design on the outside is remarkably refreshing compared to over-saturated designs of previous Pepsi cans and other soft drink designs (from Kitsune Noir):

In conjunction with the new Pepsi container designs, Tropicana, a PepsiCo company, launched new containers (from Tropicana):

Alex Bitterman, a former design professor of mine, writes about the Tropicana redesign:

Perhaps this is only the tip of the iceberg, and maybe, just maybe, we’ll begin to see some truly functional and well-designed consumer product and food packaging, rather than decorative visual noise that simply panders to masses of overstimulated and bored American consumers.

I absolutely agree, and I think the same words can be applied to the Pepsi redesign.   The cleaner designs of Tropicana and Pepsi and specifically the minimal design of the Pepsi containers are a very welcome change in beverage packaging, proving once again less really is more.

This weekend, I watched Disney/Pixar’s latest film WALL-E for the first time.   What a phenomenal film. Pixar proves once again what a powerhouse they are.

First, the visuals.   Absolutely breathtaking.   Several shots in the film were hard to separate as 3D-generated they looked incredibly realistic.   The lighting, the shading and textures of the models, the reflections, the depths of field, and more all combined to create this incredibly realistic fictional world.   What a talented group of visual artists Pixar has working for them.   One particular shot I remember being so amazingly realistic-looking is an extreme close up of the top, front of WALL-E’s unresponsive eyes as EVE leaned in toward him.   Outstanding work.   I can’t use enough adjectives to describe the visual work on this film.

A significant portion of the film and its characters are voiceless (well at least without a human voice). Not having characters with speaking voices could prove to be tragic if special care were not taken to ensure proper communication cues were present as replacements, cues such as animation conveying excitement, sadness, etc.   We could tell what kind of mood EVE was in by the shape of her eyes.   But complementing and perhaps surpassing the visual cues were the auditory ones.   The sounds each robot made, from short beeps and blips to more emotion-filled sounds of longing and excitement, gave the audience a method to connect with the characters through personification. Ben Burtt, the veteran Hollywood sound designer, gave voices to the robots and made their world just a little more believable.

So much of the film was magical.   From EVE and WALL-E’s dance in space to WALL-E showing EVE the bubble wrap to the loyal band of “broken” robots who had uses for their malfunctions after all to the little lunch box WALL-E transports his keepsakes in.

But, like in any film, the key component to a magical film is the story, and WALL-E had a fantastic story, one of hope and love.   The hope lies in the state Earth is in, a state thanks to humanity’s carefree laziness, consumerism, materialism, and ignorance of self- and communal-health.   What today may be a cool new thing will be the downfall of us and everyone around us tomorrow.   Even after we wander past what is reasonable, healthy, and judicious, there is still a little green hope waiting to bring us back.   The lesson here for us real humans, though, isn’t that we should wait for our wasteful ways to one day be rectified by something outside of our doing, but instead for us to alter our self-made path to destruction now while we still have the chance.   Hope, then, is something we can find in ourselves.

What else we can find in ourselves in love.   Love for ourselves, love for someone else, and love for each other.   I don’t think I’m giving anything away here by saying the romantic component of WALL-E revolves around the relationship between WALL-E and EVE.   The love and longing WALL-E feels toward EVE reflects the most basic of human feelings the need to love and be loved; the need for a companion.   Once we find that perfect love, we will stop at nothing to pursue (clasping onto the spaceship), help (with EVE’s directive), and protect (from the rain and elements) said love.

These two themes of hope and love allow us to connect with the characters and reflect on our own lives through the characters.   Even the quirks of the robots give us the ability to see bits of ourselves (who doesn’t love popping bubble wrap or collecting little trinkets?).

Finally, I, along with every other Mac geek around, gleefully smiled when WALL-E made his reboot sound the sound of a powering-up Apple computer.

WALL-E is an exceedingly outstanding film, from the visual and aural presentation, to the basic building blocks of a solid, successful story.   While the film is comprised of artificial beings in an artificial world, the characters’ passions and emotions are those humans encounter every day, and they invite us to reflect in our own realistic world of hope and love.

I saw this article linked on Alex Bitterman’s blog: Helen Walters and Bill Buxton at BusinessWeek writes about what Apple learned from Kodak:

What Apple did was learn from history, and adopt, adapt, and assimilate past success to current context. That is simply good, intelligent design in action. It is also a very good lesson: an obsession with the new and original, without a deep literacy and appreciation for the past, leads to a path of missed opportunities.

Very interesting read.

Designed by: Unknown
Year: 1991