Thursday, December 11, 2008

Culture of Corruption

Slate asks why Chicago is so corrupt, and how we measure corruption:

The most straightforward way to measure corruption is to check the number of convicted local officials. Between 1995 and 2004, 469 politicians from the federal district of Northern Illinois were found guilty of corruption. The only districts with higher tallies were central California (which includes L.A.), and southern Florida (which includes Miami). Eastern Louisiana (and New Orleans) rank somewhat further down the list.

But a high conviction count doesn't necessarily mean more corruption. It could mean that a district happens to have very strict transparency laws or a zealous and effective federal prosecutor—like
Patrick Fitzgerald in Chicago. You might try to measure corruption by checking the number of city employees per 1,000 people. (Bigger governments suggest patronage-style politics.) Or you could check to see how long it takes to acquire a construction permit through legal means. (Long delays may reflect a system of rampant bribery.)

Public perception may be the most useful measure. If the inhabitants of a city view corruption as a given, they'll be more inclined to forgive politicians who have already been
tainted by scandal, like Chicago's current mayor, Richard Daley.

Blagojevich's Network

At the heart of the current controversy involving the Illinois governor's attempt to sell Obama's vacated Senate seat is a network of interests who placed him in a position to be able to think he could do such a things, and that these things are perfectly fine. These connections apparently flow through his wife.

From the NYT:

Federal officials have declined to discuss the role of Ms. Blagojevich in the case. She has not been charged in the case. But officials have suggested that she and others involved in the taped phone calls would be looked at as part of the continuing investigation.

Ms. Blagojevich has a deep-rooted political pedigree as the daughter of Richard Mell, the longtime Chicago alderman and a leader in Cook County Democratic politics, who is considered to have been instrumental in getting Mr. Blagojevich in politics.

...in recent years, Ms. Blagojevich, who has a bachelor’s degree in economics and a real estate broker’s license, has attracted attention through the dealings of her home-based real estate company. Her clients have included people who were awarded state contracts or made political contributions to the governor.

The Chicago Tribune, in an analysis, reported that her firm, River Realty, had earned more than $700,000 in commissions since her husband began raising money in 2000 for his first run for governor. The Tribune reported that more than three-quarters of those commissions came from “clients with connections,” not including commissions she earned from
Antoin Rezko, a developer and fund-raiser for the Blagojevich campaign, who was convicted of fraud and bribery this summer.

Randy Weber's Agenda

The Bay City Tribune reports on our newly elected Texas House Representative Randy Weber's speech before the Bay City Chamber of Commerce.

On how he got elected:

Weber said he challenged Mike O'Day to replace Glenda Dawson's seat in the special election when she unexpectedly died in 2006.When O'Day announced his decision not to seek re-election he began the campaign that landed him a seat in the 81st legislature.

"When I began to run for this campaign I started making meetings all over the district. I went to school board meetings, city council meetings, auctions, grand openings of businesses, homeowners association meetings, military honors, town hall style meetings, service organizations, STP's information meetings, TXDOT meetings, really getting a good feel for the people that I represent," said Weber.

Weber also said that he had a meeting with four of the five school superintendents in Matagorda County just prior to the luncheon - allowing him time to find out what their priorities are."

As a result I developed a really, really good understanding for the people of this district."

How he has started representing the district's interests:

"I actually went to the very first air-quality caucus meeting held this session in Austin this past week," he said.

"I learned about how they measure air-quality output."Weber explained how he had been working with local consultants to really learn the important water issues in Matagorda County.

"I began to meet with some other state reps from around the area and already informed them that the SAWS project is watched regularly by us and the Colorado River is a big issue for us down here that we are going to be watching," said Weber."

That was news to them, they asked how come and we talked briefly about their proposal plans and how Matagorda County is situated and the economic impact it would have on us here."

The issues likely to dominate the upcoming session:

He explained the state of Texas has a $165 billion biennium budget and a few of the most important issues likely to be addressed are education funding, the franchise tax, Trans-Texas Corridor, water and property tax caps.

The accomplishments of the 80th Legislative session:

...a student religious liberties bill passed, the Texas state pledge of allegiance wording was changed to include the words "one state under God", two pro-life bills failed, a measure requiring the words "In God We Trust" displayed in the Senate and in the House passed, two pro-marriage bills passed, a bill requiring school districts to offer an elective Bible course passed, a transparency bill passed - requiring the comptroller and governor's office to post all of their expenses online, a bill allocating $5 million dollars for the collection of umbilical cord blood for stem cell research passed and property tax caps were not set.

During questioning, he commented on energy and education:

Mitch Thames, Bay City Chamber of Commerce and Agriculture president, posed the first question from the audience."I just think one of the issues you've not brought up, but is very important in Matagorda County and Texas, is the price of power per kilowatt. It just seems 19, 20 and 24-cents per kilowatt is ridiculous," said Thames.

"You are absolutely correct - we will be meeting and talking about that," said Weber.

Weber was also asked about his stance on seeing new home construction being built to good quality standards and his stance on allowing tax credits for homeowners who choose renewable energy sources such as solar and wind power.

...

A final question from the audience dealt with using some of the budget to help reduce costs of higher education. Weber said it is important to consider how every bill that passes is going to have an effect on the budget. He explained that there was talk of a bill that would provide for students who completed college within four years in Texas to receive debt forgiveness on their outstanding students loans. The bill would provide college students with incentive to complete their degree within the customary amount of time because research proves that the longer a student takes to complete their degree the higher likelihood they have of dropping out.

Wednesday, December 10, 2008

One More Czar

This adds to a list I've been compiling:

- Car Czar.

Sunday, December 7, 2008

Proposed Constitutional Amendmentto Limit Presidential Pardons

From the American Constitution Society:

A constitutional amendment limiting presidential pardon power is being contemplated by Rep. Jerrold Nadler (D-N.Y.), TPM Muckraker reports. The congressman said during a public forum that he would introduce an amendment in the coming months to restrict the “president’s near absolute pardon power,” according to TPM.

Nadler has already, in a resolution, called on President George W. Bush to refrain from using his power to issue so-called “blanket pardons” of government officials involved in carrying out administration counterterrorism policies, especially those involved in torture of detainees in Afghanistan and Iraq and those involved in implementing the domestic spying program.

Judicial Activism or Unalienable Right?

From the Huffington Post:

A Montana judge has ruled that doctor-assisted suicides are legal in the state, a decision likely to be appealed as the state argues that the Legislature, not the court, should decide whether terminally ill patients have the right to take their own life.

Judge Dorothy McCarter issued the ruling late Friday in the case of a Billings man with terminal cancer, who had sued the state with four physicians that treat terminally ill patients and a nonprofit patients' rights group.

"The Montana
constitutional rights of individual privacy and human dignity, taken together, encompass the right of a competent terminally (ill) patient to die with dignity," McCarter said in the ruling.

It also said that those patients had the right to obtain self-administered medications to hasten death if they find their suffering to be unbearable, and that physicians can prescribe such medication without fear of prosecution.

"The patient's right to die with dignity includes protection of the patient's physician from liability under the state's homicide statutes," the judge wrote.

Attorney General Mike McGrath said Saturday that attorneys in his office would discuss the ruling next week and expected the state will appeal the ruling.

"It's a major constitutional issue and the Supreme Court should rule on it," said McGrath, who will be sworn in as chief justice of the Montana Supreme Court in January.


I want to put myself down on the side of those who believe that individual rights should not be subject to majority rule. This is what the courts are for and why judicial activism is perfectly justified when necessary.

The Democratic Coalition

After focusing on problems within the Republican Party, interesting observations are being made about tension within the Democratic Party. It all revolves around the passage of Proposition 8 in California which revoked the gay marriage decision by the California courts. Support for the proposition was heavy among African American voters, which suggests that two constituencies within the Democratic Party: the Gay community and the African American community may be at odds:

Last month, Proposition 8 passed, making gay marriage illegal in California, and the demographic that lent insult to injury was the state’s African-American voters.

They came to the polls in record numbers to support Barack Obama, and they brought with them a fiercely held and enduring antipathy toward homosexuality: 7 in 10 blacks voted in support of traditional marriage. Whether that was the game-changer or not is a question for near-constant debate. Many gay activists have begun quietly to suggest that had Hillary Clinton been the Democratic nominee, Prop 8 would not have passed.

This passage about the nature of party coalitions is worth note:

...there’s a big difference between coalition politics and rainbow party politics.

A coalition is composed of groups that may dislike — or even hate — one another, but who understand the shared political expediency of standing together. Rainbow party politics involve bringing together masses of people who are identified by being burdened by a particular grievance. Soon enough — in groups forged of such friable bonds, and almost always when matters of morality and lifestyle come into play — you will discover that one oppressed group does not necessarily support the goals of another oppressed group.


Which weakens the coalition, and makes it less effective. The trick for the Democrats is to make sure this tension does not turn into a split. Perhaps Republicans can lure one or the other to their tent. Frankly I'm not sure how. You?

Old and Deadly

Another story on our age discrimination theme:

Police say they don't know why an elderly driver crashed into the rear of another vehicle Thursday in the Heights, killing two other senior citizens.

Ima Jean Archer, 79, and her uncle, Sam Willard King, 91, died instantly when their car was hit from behind by the speeding driver, Houston police said. Archer's longtime companion, Bobby Lee McBride, 73, remains in critical condition at Ben Taub General Hospital.

Police would not release the name of the 84-year-old woman whose Toyota Corolla crashed into the back of Archer's car on East 20th Street at Heights Boulevard.

At least one witness told accident investigators the woman was speeding before the impact, HPD officer Trey Cox said.


So if elderly driver are required to take regular drivers tests, and it was passed, and was then subject to a constitutional challenge, what standard would the courts use to review the case?

Saturday, December 6, 2008

Public Works Projects to Address Ailing Economy

From the NYT:

President-elect Barack Obama committed Saturday to the largest public works construction program since the creation of the interstate highway system a half-century ago as he seeks to put together a plan to resuscitate the reeling economy. . .

Although he put no price tag on it, he said he would invest record amounts of money in the vast infrastructure program, which also includes work on schools, sewer systems, mass transit, electric grids, dams and other public utilities. He vowed to upgrade computers in schools, expand broadband Internet access, make government buildings more energy efficient and improve information technology at hospitals and doctors’ offices.


Commentators point out similarities with the public works programs that were central to the New Deal, such as the Works Projects Administration, Civil Works Administration, and the Civilian Conservation Corp, as well as similarities with the creation of highways during the Eisenhower Administration.

Friday, December 5, 2008

Against the MySpace Verdict

Emily Bazelon writes a convincing piece that the guilty verdict against Lori Drew, the woman who created the MySpace profile that is alleged to have taunted a teenage girl to suicide:

The problems with the California case against Drew started with the poor fit between her wrongdoing and the law used to punish her. The federal Computer Fraud and Abuse Act makes it a crime to intentionally access "a computer without authorization." So what does that mean—is it a crime to hack past a password or a firewall? Or merely to violate a terms-of-service contract like the one MySpace users agree to?

There apparently is no law against what Ms. Drew did, though we may wish there to be one. The use of the above law may actually do more harm than good: It's one thing for MySpace to kick someone out for acting like a troll or even for the troll's target to sue her. It's another thing entirely to throw the weight of the government behind a criminal investigation and conviction for what usually just amounts to mischief in cyber-contracts.

So how do we address the subject? Should what Drew did be made a crime?

What about a law written expressly to address cyber-bullying? Such a statute could presumably direct prosecutors to go after only the worst of the Internet meanies. Or, then again, maybe not. A proposed bill before Congress is far broader. It targets anyone who uses "electronic means" to transmit "in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person." The penalty is a fine or imprisonment for up to two years.

Missouri, where Meier lived, has already
passed a cyber-bullying law. The Missouri statute extends the state's bar on phone harassment to computers. The problem with the analogy is that the computer context is more dangerous to free speech: On the phone, you talk to one other person. On MySpace or any other Web site, you broadcast to as many people as read you.

....

All of this takes us back to earlier battles over prosecuting hate speech. As Eugene Volokh
points out on his ever-vigilant blog, the cyber-bullying bill before Congress is a classic example of a law that's unconstitutional because it's overly broad. The Supreme Court has held that the First Amendment protects "outrageous" speech—from civil as well as criminal liability—even if it "recklessly, knowingly, or purposefully causes 'severe emotional distress,' when it's about a public figure." Volokh adds, "Many, though not all, lower courts have held the same whenever the statement is on a matter of public concern, even about a private figure."

That doesn't mean that a cyber-bullying statute as applied to a Lori Drew-like horror show would be unconstitutional; "Josh's" trashing of Megan was hardly a matter of public concern. But even if a better drafter could come up with a narrower law, since when do we want the government to go after bullies when the only weapon they wield is words?

Looking Ahead: The Texas Governor's Race

From Capitol Annex:

With U.S. Senator Kay Bailey Hutchison’s announcement today that she formed an exploratory committee to run for Texas governor in 2010, the race for that position is beginning to transform is beginning to take shape.

The rest of the story includes hypothetical races and how they might play out.

This is going to be very, very fun

Thursday, December 4, 2008

Bad News

The rising cost of college — even before the recession — threatens to put higher education out of reach for most Americans, according to the biennial report from the National Center for Public Policy and Higher Education.
Read the rest here.

Making Connections

This is how you play the game:

In late 1998, while Washington was in the throes of the Monica Lewinsky scandal, Rahm Emanuel, a departing senior political aide to President Bill Clinton, ventured out to an elegant restaurant in Dupont Circle for something of a job interview.

John Simpson, who ran the Chicago office of the investment banking boutique Wasserstein Perella & Company, had flown to Washington to meet with Mr. Emanuel at the behest of Mr. Simpson’s boss,
Bruce Wasserstein, a major Democratic donor and renowned Wall Street dealmaker who had gotten to know Mr. Emanuel.

“I had this idea that this could work and that it had upside,” said Mr. Wasserstein, now chairman and chief executive of Lazard, the investment bank. “It worked out better than I could have hoped.”

...

Mr. Emanuel, who was chosen last month to become President-elect
Barack Obama’s White House chief of staff, went on to make more than $18 million in just two-and-a-half years, turning many of his contacts in his substantial political Rolodex into paying clients and directing his negotiating prowess and trademark intensity to mergers and acquisitions. He also benefited from the opportune sale of Wasserstein Perella to a German bank, helping him to an unusually large payout.

Sweet.

Tuesday, December 2, 2008

The Emoluments Clause

It seems to be throwing a curveball at Clinton's Secretary of State appointment.

Kaplan Loves James Jones

He argues that the new National Security Adviser will be well suited to ensure that the White House will be able to effectively control foreign policy, that is, to coordinate the State and Defense Departments -- a task often beyond the ability of previous presidents:

...he knows the ins, outs, back alleys, and dark closets of the national-security realm.

His former colleagues use the same words to describe him: very smart, very organized, methodical, deliberate. It may be telling that Obama has been seeking advice lately from two other generals who served as national-security advisers: Colin Powell and Brent Scowcroft. Anthony Zinni, a retired Marine general who's known Jones for 30 years and followed a similar career path, told me in an e-mail that he sees Jones as "a Scowcroft type of NSA," elaborating, "He works hard to build consensus and has a lot of patience. He doesn't like to seek confrontation but won't shrink from a fight. … He doesn't seek the limelight but will be the hand behind keeping things on track and focused."
Kaplan goes on to argue why Jones will be an improvement over Condoleeza Rice, Bush's first National Security Adviser:

"On track and focused" is precisely where George W. Bush failed to keep things, especially in his first six years (that is, until Robert Gates replaced Donald Rumsfeld at the Pentagon). As a result, policies drifted, information was suppressed, dissenting views were circumvented, and, sometimes, decisions made by the National Security Council were simply ignored or surreptitiously overruled. (For one crucial instance, click here; for others, read some of these books.)

Rumsfeld in particular was able to get away with this high-handedness—at one point, to prevent a decision from being made, he simply didn't show up for three consecutive NSC meetings—in part because Condoleezza Rice, Bush's first-term national-security adviser, was a weak manager; Rumsfeld, a veteran infighter, ran circles around her; and Bush, a lackadaisical president in this respect, declined to rein him in.

This sort of manipulation and chaos, it's safe to bet, won't be countenanced by Gen. Jones.

GOP Should Not Kick Out Evangelicals

Rod Dreher counters critics who argue that the Republican Party should rely less on religiously based policies and minimize the role of evalgelicals in its affairs:

John McCain didn't get his clock cleaned because of his ardent advocacy for unborn life or his stout defense of traditional marriage — neither of which played anything but a bit part in the tragicomic McCain-Palin campaign.

No, McCain lost because the economy is collapsing on the watch of an unpopular Republican president, and he had no idea what to say about it. McCain lost because his party is incompetent. McCain lost because his choice of Sarah the Unready cast doubt about his judgment. And McCain lost because Barack Obama ran a great campaign.

Where is Jesus in any of that?

Besides, was it the religious right that conceived and executed the disastrous Iraq war? Did preachers deregulate Wall Street? Did evangelical leader James Dobson screw up the Federal Emergency Management Agency's response to Hurricane Katrina?
Jack Abramoff — did he concoct his crooked lobbying schemes during long protest vigils outside abortion clinics? To be fair, religious conservatives didn't stand up to any of this. We own a share of the GOP's failure. But to scapegoat us for the Republican implosion is preposterous.

Driver's Tests for the Elderly?

Didn't we talk about this type of thing in class yesterday?

An elderly driver hurtled through barricades into a crowd lined up for a Christmas parade Monday and injured several people, some of them members of a Cub Scout troop, a city official and witnesses said.

Overton City Manager B.J. Potts said that the driver was arrested, but alcohol was not detected.

"It happened very quickly," Potts said. "There's still a lot of questions."