Castro Resigns

Who'd a thunk it?

The Cold War is now officially over.

Signing Statement on the Defense Authorization Act

President Bush issued another signing statement when he signed the Defense Authorization Act recently. The American Constitution Society gives a rundown and links to commentary.

Here are relevant quotes from the statement itself.

The executive branch shall construe sections 914 and 1512 of the Act, which purport to make consultation with specified Members of Congress a precondition to the execution of the law, as calling for but not mandating such consultation, as is consistent with the Constitution's provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.

A number of provisions in the Act call for the executive branch to furnish information to the Congress or other entities on various subjects. These provisions include sections 219, 313, 360, 1211, 1212, 1213, 1227, 1402, and 3116 of the Act, section 427 of title 10, United States Code, as amended by section 932 of the Act, and section 1093 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) as amended by section 1061 of the Act. The executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

The executive branch shall construe as advisory section 1011(b)(2) of the Act, which purports to prohibit the Secretary of the Navy from retiring a specified warship from operational status unless, among other things, a treaty organization established by the U.S. and foreign nations gives formal notice that it does not desire to maintain and operate that warship. If construed as mandatory rather than advisory, the provision would impermissibly interfere with the President's constitutional authority to conduct the Nation's foreign affairs and as Commander in Chief.

The executive branch shall construe section 1211, which purports to require the executive branch to undertake certain consultations with foreign governments and follow certain steps in formulating and executing U.S. foreign policy, in a manner consistent with the President's constitutional authorities to conduct the Nation's foreign affairs and to supervise the unitary executive branch.

As is consistent with the principle of statutory construction of giving effect to each of two statutes addressing the same subject whenever they can co-exist, the executive branch shall construe section 130d of title 10, as amended by section 1405 of the Act, which provides further protection against disclosure of certain homeland security information in certain circumstances, as in addition to, and not in derogation of, the broader protection against disclosure of information afforded by section 892 of the Homeland Security Act of 2002 and other law protecting broadly against disclosure of such information.

Note that the text attempts to define certain presidential powers as off limits to congressional limitations. These would be the inherent powers the president claims during times of crisis, like the current war on terror. The question remains, because the Supreme Court has yet to rule on any of this, whether it within the president's authority to define what the inherent powers are and to refuse to carry out a law based on his interpretation of it.

Home School Socialization

Home schooled students are consistently among my best. The home schooling process has been controversial in some quarters because of questions about how well they are socialized. Here are a couple of stories that not only argue that they are socialized well, but perhaps are better socialized than their traditionally schooled compatriots.

2302 TBA Quiz Three Questions

Same rules as the past tests. Two full paragraphs, well written and researched, gets an A. Less gets less.

1. What role does the executive branch play in the American constitutional system? Outline the design of both the United States and Texas executive. What dangers posed by the very existence of an executive? How does each system check executive power? Give examples.

2. What was “king caucus?” How did this system limit the power of the president and how has the current electoral system strengthen it?

3. What are the inherent powers of the president? What controversies exist concerning them? Discuss these in terms of current conflicts concerning surveillance, torture and war in general?

4. As fully as possible, list the various influences the executive has on the legislative process. Use current events to discuss President Bush’s ability to influence legislation.

5. How is the governor’s position within the plural executive different than the president’s position within the singular executive that exists on the national level? How are the other executive officials in Texas removed from the control of the governor? How can the governor try to influence them?

6. Outline how the president’s power has increased over the course of American history. Pay special attention to the New Deal.

7. What is “going public?” How can the president use public opinion to his advantage? How can he not? What are the limits of going public?

8. Contemporary presidential power has been facilitated by the increase in what your book class the “administrative state.” What is it, and how does it increase presidential power?

9. Who are the other members of Texas’ plural executive, what do they do and what conditions their behavior?

10. Using news stories as your guide, and setting personal preferences aside, how might each of the presidential candidates use the powers of the office?

So You Think You Know Who You Want to be President?

Maybe you really don't, though you think you do.

Take the Implicit Association Test. It's a strange exercise, and it tells me that the candidate I'm leaning towards is not the one I react most strongly to.

Signing Statement on Sudan Legislation

Late last year Congress passed and President Bush signed into law, the Sudan Accountability and Divestment Act. The bill makes it easier for mutual funds and private pension fund managers to sell their investments and allows states to prohibit debt financing for companies that do business in Sudan. It also requires companies seeking contracts with the federal government to certify that they are not doing business in Sudan.

Sudan is a mess. Recent political conflict has included efforts to systematically kill off parts of the population. American reaction has been long in coming.

Bush did not initially support the bill, so while signing it, he issued a signing statement: Mr. Bush’s signature was accompanied by a proviso known as a signing statement, in which he said he was reserving the authority to overrule state and local divestment decisions if they conflicted with foreign policy. The statement said the measure “risks being interpreted as insulating” state and local divestment actions from federal oversight.

As stated previously, the president--and his vice-president--believe that presidential authority in foreign affairs has been unduly limited by Congress. The signing statements are his efforts to interpret the Constitution in a way that maintains his power. Some argue though that this is simply a power grab not only in terms of foreign affairs, but in terms of constitutional interpretation.

The statement has been criticized recently. The House Financial Services Committee held hearings on the statements, which the Bush administration refused to participate in.

Tax Rebate Proposal Signed Into Law

It took about three weeks--very fast by congressional standards--but President Bush signed the Economic Stimulus Act into law yesterday.

The package will pay $600 to most individual taxpayers and $1,200 to married taxpayers filing joint returns, so long as they are below income caps of $75,000 for individuals and $150,000 for couples. There is also a $300 per child tax credit.

I'll be getting $1,800. I suppose that I am expected to spend it something--preferable an American made product. Since my kids are going to pay for this eventually I'm thinking about handing it over to them, but they'll just buy a bunch of Chinese made toys. Looks like a Vegas vacation!

Here's the full info about bill passage from Thomas.

Since I'm kicking around research ideas, how about a list of the fastest bills passed through Congress? What factors do they have in common? What impacts the speed of the legislative process?

Why the Partisan Split over Clemens?

I had no plans to post on the Clemens testimony before Congress--though it is an interesteing look at the oversight function of Congress--but then commentators began to notice that Republicans seemed to support Clemens while Democrats seemed to support his accuser.

What's up with that?

Here's an outtake from one source:

Theories abounded over why the sides couldn't see eye to eye.

Richard Emery, one of McNamee's lawyers, said that some Republicans treated his client harshly because of Clemens' friendship with the Bush family. Emery predicted the pitcher will be pardoned by President Bush should Clemens be indicted or convicted of anything related to the hearing.

"It would be the easiest thing in the world for George W. Bush, given the corrupt proclivities of his administration, to say Roger Clemens is an American hero, Roger Clemens helped children," said Emery, an attorney who has worked for liberal causes. "It's my belief they have some reason to believe they can get a pardon."

Not surprisingly, Clemens' camp — and the GOP — saw things differently.

"Richard Emery just has to quit smoking his own dope," said Rusty Hardin, one of Clemens' attorneys.

As for a pardon from a president? "I'm not aware of Mr. Clemens having been charged with anything," White House deputy press secretary Tony Fratto said.

A spokesman for Rep. Darrell Issa of California said the hearing's partisan tone evolved because Republican members felt the hearing was overly focused on Clemens instead of the broader concerns raised in the Mitchell Report on drugs in baseball.

"It's clear Democrats had expected a government-funded, TV show trial, and now they're whining that Republicans didn't want to play," said the spokesman, Frederick Hill. "The hearing was supposed to be about the Mitchell Report. The Democrats are at fault for focusing on individual wrongdoing instead of the validity of the Mitchell Report."

Any better ideas out there? One commentator pointed out that high profile athletes that become politicians after their careers end tend to be Republican. Maybe that has something to do with it, but why are they more likely to be Republican? There's a research question for you.

Here is a link to the committee page devoted to the hearings.

Federalism, Civil Liberties and Sex Toys

Got you attention didn't I? Who says federalism can't be fun?

The US 5th Circuit court, by a 2-1 vote, overturned a Texas law banning the promotion or sale of sex toys. The individual's right to privacy against governmental interference is now applied to . . . well you know. Note the the 14th amendment makes a loose 1st amendment liberty apply to the state.

Here's Wapo's coverage--note the comments.

Here is a link to the actual opinion--we might want to cover this more in 2301 when we discuiss civil liberties.

Are Americans Hostile to Knowledge?

In my experience, yes. Most students seek confirmation of preexisting beliefs, not exposure to new ideas.

Susan Jacoby writes about the phenomenon and the New York Times gives it a review.

More Checks and Balances

In order to thwart efforts to investigate the firings of lawyers in the Justice Department, the Bush Administration prevented two officials, Josh Bolten and Harriet Miers, from testifying, citing executive privilege. House leaders have not accepted that rationale and are calling for a Contempt of Congress vote. The precise punishment is up in the air.

Here's the wikipedia entry on contempt of congress.

Superdelegates

The close contest between Clinton and Obama has brought to light the existence of superdelegates and the role they play in the party nomination process. Most delegates are committed to candidates and that commitment is based on the percentage of the vote a candidate received in a state party's primary (Democrats use proportional representation, Republicans tend to use winner take all rules).

Since this removes the selection completely from party leaders, the Demcratic establishment created superdelegates sometime ago to give them influence in the process. The superdelegates are party leaders, often members of Congress or state legislatures. In recent elections, one candidate has earned enough support to make the superdelegates insignificant, but not this year.
The question now becomes, what should drive the superdelegates' votes? Should they respect the decision of the people and vote for whichever candidate received the most votes or make a decision based on either their own convictions or for whichever candidate they believe is most likely to win?

Here are some recent news stories and opinions on the subject.

Superdelegates: Why They Matter.
Q and A on the subject.
The Superdelegates' dilemma.

This will only get more heated.

Texas Matters

For the first time in recent memory, a presidential vote in Texas matters. Recent successes by Obama have led the Clinton campaign to call Texas and Ohio must wins.

“She has to win both Ohio and Texas comfortably, or she’s out,” said one superdelegate who has endorsed Mrs. Clinton, and who spoke on condition of anonymity to share a candid assessment. “The campaign is starting to come to terms with that.” Campaign advisers, also speaking privately in order to speak plainly, confirmed this view.

The primaries will be held March 4.

Goals and Objectives for Quiz 3 - 2301 and 2302

Here's what's on tap for the next two weeks.

GOVT 2301

Readings: AG: Chapter 2 and 3; PTP: Chapter 2 and 3

Goals and Objectives. If you do your readings and pay attention in class, by the end of next week you will know:

-The nature of the amendments, both those in the Bill of Rights and the remainder
-The purpose and consequences of the 10^th Amendment
-The basic design of the Texas Constitution
-The nature of the reserved powers: police, taxing, proprietary and eminent domain
-The specialized functions of each level of government
-The factors leading to the gradual increase of the national government
-Contemporary areas of conflict between the state and national governments
-The role of the Supreme Court in defining the division between national and state powers.

GOVT 2302

Readings: AG: Chapter 6; PTP: Chapter 8

Goals and Objectives. If you do your readings and pay attention in class, by the end of next week you will know:

-The concerns regarding the design of the presidency and the Texas governor
-The constitutional role of the president
-The expressed, delegated and inherent powers of the president
-The ability of the president to check, and be checked by, the other two institutions
-The factors leading to an increase in presidential power, notably the New Deal and the Great Society
-The institutions that provide the president power
-The nature of the president’s control over the bureaucracy
-Limits on the governor’s power
-Factors enabling the governor to exercise power

Conversion

A recent story in the New York Times touches on conflict between religious denominations. Pope Benedict XVI has unnerved some Jewish leaders by restoring a Good Friday prayer that calls for Jews to convert to Christianity. They argue that years of efforts at establishing a strong bond between the two organizations might now be in jeopardy.

Of course all this comes down to words and their impact. Which reminds me that one of the forgotten reasons why some argued that the Ten Commandments ought not be displayed in government buildings is that Catholics, Jews and Protestants have their own versions of the document. When government makes a choice between one of the versions, isn't it making a subtle choice among the religions thereby giving it priority? Does that bias government in favor of that religion? Does this make the rights and liberties of other religions tenuous?

In my opinion, this is part of the justification of the republican system as argued in Federalist #10: The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source.

Discuss.

Just the Facts

Politifact.com has something they call the truth-o-meter which they use to evaluate the truth behind the various claims and statement made by and about the presidential candidate. Check out the pants-on-fire section.

You should also take a look at FactCheck.org

Another Sign of Realignment

For the first time since 1960, a sitting U.S. Senator is posed to win the presidency. Most recent presidents have been governors, which has been taken to be an indication that the electorate supports the small government, state rights position that conservatives have stood for.

Maybe this is no longer the case, which argues for a realignment of sorts, but this point is tempered by the fact that the Senators are from both parties. Of course, McCain has not been embraced by conservatives, so that still tells us that something is up.

The Expanding Executive

Are we creeping towards authoritarianism?

Visions of the Presidency

Sean Wilentz asks the only important question that can be asked of any presidential candidate: What is your vision of the presidency? What role should the president play in the governing process?

Presidencies fall into one of three categories, he claims. strong presidents, advisor presidents and engineers presidents. Should a president take charge, delegate, or be a technocrat? The public will have to decide which is necessary at this moment and determine which of the remaining candidates fits the mold.

This assumes that the question will be posed and that clear answers will be provided. Too often candidates make statements regarding powers that belong to the other branches. It's no wonder students have little understanding of the true nature of constitutional powers.

Pity that Wilentz doesn't go further in his analysis.

Make It Flake

This is a first as far as I know. A member of the House of Representatives--Arizona's Jeff Flake--has started a website promoting his attempt to be placed on the Appropriations Committee.

The Obligatory Super Tuesday Post

Here are a few belated links regarding the results of the primaries held last Tuesday.

The Washington Post and the New York Times both have pages devoted to the actual results of the different races. Clinton won a small number of delegates more than Obama, but they are basically tied. McCain did so well that Romney bowed out today. No disrespecting Huckabee, but McCain is going to win the Republican nomination.

And there is the predictable commentary. Eleanor Clift can't decide between Clinton or Obama, but thinks they can both beat McCain. Morton Kondrake points out that 5 million more Democrats than Republicans voted--which doesn't bode well for the GOP in November if they can't mobilize voters. Thomas Lifson adds to the mounting pile of articles detailing McCain's rift with the conservative base.

There's much more if you have the stomach for it.

The Last World War One Veteran

His name is Frank Buckles. Once he is gone, no one in the U.S. will have any first hand knowledge of the war. With him will go an entire generational viewpoint that once dominated American society. These things happen.

The 2009 U.S. Budget

The President began the 2009 budgetary process by introducing his proposed budget. The actual process has been underway as his agencies send him their proposed budgets. Now it goes to the budget committees in the House and Senate.

Here is a lengthy overview of the process. This link takes you to a variety of budgetary documents. Theres no good way to briefly summarize the process.

Here is coverage from the New York Times.

Hillary Haters

Its a curious obsession says Stanley Fish. Two quotes from his article:

"In the January issue of GQ, Jason Horowitz described the world of Hillary haters, many of whom he has interviewed. Horowitz finds that the hostile characterizations of Clinton do not add up to a coherent account of her hatefulness. She is vilified for being a feminist and for not being one, for being an extreme leftist and for being a “warmongering hawk,” for being godless and for being “frighteningly fundamentalist,” for being the victim of her husband’s peccadilloes and for enabling them. “She is,” Horowitz concludes, “an empty vessel into which [her detractors] can pour everything they detest.” (In this she is the counterpart of George W. Bush, who serves much the same function for many liberals.)"

"...there is an “inexhaustible fertile market of Clinton hostility,” but that “the search for a unifying theory of what drives Hillary’s most fanatical opponents is a futile one.” The reason is that nothing drives it; it is that most sought-after thing, a self-replenishing, perpetual-energy machine."

Note the comparison with George Bush. He is also the focus of indiscriminate rage by a passionate fringe. It's a mind set that helps people frame the political world in a way that makes sense to them, but perhaps with little basis in reality. Is it healthy for democracy? Is it an inevitable by-product of the internet age?

The Texas Legislature Loves Business

Expansion Management Magazine says so and they have a study (the Legislative Quotient) to prove it. Here's a related story from a Midland newspaper.

Tax Relief Stalls in the Senate

As expected, the tax relief bill that raced through the House is stalling in the Senate. This is partly
due to an attempt by Democratic leaders to craft a bill that will simultaneously cause Republican Senators, who they consider vulnerable in the upcoming election, to vote against it and provide an issue for Democratic challengers to use against them. This is how politics interferes with policy of course, but its how the game is played.

In order to ensure that the bill will pass in a timely fashion, a cloture vote passed today that will limit the amount of time that can be spent debating the bill on the floor of the Senate. We will follow it and see what passes and when.

By the way, some noted economists have come out against the tax stimulus plan. This will be useful to cover in 2302 when we cover economics policy.

Borris Miles

The freshman representative from Houston's 146th district has been in the news recently. Note the story's focus on his decision to run for office being based on his belief that the incumbent--Al Edwards--was no longer providing constituency service.

Also note the unusual nature of the district--it has a very wealthy component and a poor component--Meyerland and the Third Ward. This makes delegatory representation more difficult than a state house seat should allow. My initial speculation--unfounded--is that the district was gerrymandered by Republicans in the legislature to pack in Democrats.

A Coming Realignment?

Confusion over the current slate of presidential candidates and the current mood of the electorate has led some to speculate that a partisan relaignment of sorts is underway. Here's one man's take.

Loyalty Rangers

Here's a bit of history involving the Texas Rangers I was not familiar with. They apparently ran amok on the Texas Mexico border for a few years.

Tyranny of the Majority

As my 2301's get set to read through Federalist #10 we have remember the problems that can result from the decisions democratic systems allow.

2302 TBA Quiz Two Questions

Like the questions for the first quiz, I expect at least two full paragraphs for each question. You will note that some will require some research. Simple Google searches will give you the information you need to answer the questions.

1. What is a delegate? Which legislative institution is designed to represent like delegates? Using current news events, provide an example of delegatory representation.

2. What is a trustee? Which legislative institution is designed to represent like trustees? Using current news events, provide an example of trustee representation.

3. Article One Section Eight of the Constitution lists the powers of Congress. The American Government textbook says that the executive branch has intruded on some of these powers recently. Give a current example. Explain the nature of the conflict.

4. It is argued that one of the reasons why incumbents tend to be elected at such high rates is due to their ability to provide pork barrel projects, patronage, and casework for their constituents. Find out who your U.S. House Representative is and what specific things he or she is able to do to enhance the chances of re-election.

5. Who is the Speaker of the U.S. House? Outline the nature of his or her power.

6. Who is the Speaker of the Texas House? Outline the nature of his or her power.

7. Outline the differences in the bill making process in the U.S. House and Senate. Which os more organized and which is more loose and why?

8. What are the factors which lead to party line voting in the U.S. House and Senate?

9. Why are parties less strong in the Texas Legislature than in the U.S. Congress? Where does power lie and why?

10. Outline the similarities and difference in the constitutional design of the Texas and U.S. legislative branches.