Working right?

Malla Pollack mpollack at
Tue Nov 8 14:32:16 PST 2005

I used to be a supervisor at an over night  photofinishing plant (when such
things existed).  Often some piece of machinery would work well if the
people using it had the time and patience to be extraordinarily finicky
about handling it.  I never wanted to buy or keep such finicky machines -
the plant had to operate with the people available in the job pool working
under the time pressure inherent in the job.  I said then, and I say now,
that a piece of machinery is not "working" properly (often some design flaw)
if it cannot be used by the people who need to use it.  So I strongly
disagree with Jim's prioritizing some outside standard over his daughter's
comfort with the standard transmission car. (No insult intended Jim.)   In
other words, the citizens' well fare and comfort is the test of the
Constitution and government - not vice versa.


Malla Pollack

Professor, American Justice School of Law

Visiting Univ. of Idaho, College of Law

mpollack at



-----Original Message-----
From: conlawprof-bounces at
[mailto:conlawprof-bounces at] On Behalf Of JMHACLJ at
Sent: Tuesday, November 08, 2005 2:14 PM
To: isomin at
Cc: conlawprof at
Subject: Re: Working right?


I drive a 1999 Hyundai Elantra, it has over 100k miles on it; my wife
captains the 1997 15 passenger van.  I have a couple of licensed teen age


My daughter is unwilling to learn to drive the standard transmission
Hyundai, my son prefers it and drives both.  When only the Hyundai is
available, my son drives by choice and my daughter walks or catches a ride
by choice.  Nothing about this circumstance says that the Hyundai is or is
not operable, is or is not in good condition, or does or does satisfy family
needs for transportation etc.  


For much the same reason, I am suspicious about low voter turnout as a
reliable indicia for whether our system of government is in good working


Jim Henderson

Senior Counsel


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