Is An Ideologically Polarized Congress Healthy?

Some thoughts.

Obama Criticizes Liberal Judicial Activism

From the NYT:

“It used to be that the notion of an activist judge was somebody who ignored the will of Congress, ignored democratic processes, and tried to impose judicial solutions on problems instead of letting the process work itself through politically,” Mr. Obama said.

“And in the ’60s and ’70s, the feeling was — is that liberals were guilty of that kind of approach. What you’re now seeing, I think, is a conservative jurisprudence that oftentimes makes the same error.”

He added, “The concept of judicial restraint cuts both ways.”

A Window of Opportunity for Non-Carbon Energy?

We've had two tragedies in rapid succession involving standard carbon based energy industries, the coal mining disaster and the Off shore oil well explosion followed by the spill. Might this create an opportunity for proponents of wind/solar and other non-carbon energy sources to generate support for their efforts to develop them? David Brooks argues that governments have always played a role in jump-starting new technologies and should do the same for clean energy.

In 2302 we discuss agenda setting, and the role events can play determining what governments do. Here's a current example.

5/3/10: Paul Krugman agrees with me.

A Third -- Moderate -- Party?

A Tea Party backed candidate in Florida, Marco Rubio, seems about to force a more moderate (or opportunistic) Charlie Crist to run as an independent. Though the impact has yet to be felt, this could split the Republican vote and hand the Senate election to the Democrat. We've discussed in class as we've considered the potential consequence of the Tea Party movement. Might they be pulling the Republican Party too far to the right? Is the first of other similar moves?

Is There a Right to Secrecy?

The Supreme Court considered arguments that ballot petitions should be secret. The case is Doe v. Reed.

- Doe v. Reed - ScotusWiki
- Doe v. Reed: Citizens United, Part Two
- Doe v. Reed : First Amendment Coalition
- Election Law: Doe v. Reed Commentaries

Religious Monuments on Government Property OK

The Supreme Court ruled -- in Salazar, et al., v. Buono -- that a Christian cross erected on government ground did not violate the establishment clause. The decision was 5-4 and contentious.

- Salazar v. Buono - ScotusWiki
- Salazar v. Buono - Wikipedia, the free encyclopedia

Study Guide For 2302 Final, Spring 2010

Here are words and phrases to guide you as you prepare for the 80 question final:

Unalienable Rights
Purpose of Constitutions
Republics
Pure Democracies
Purpose of Separated Powers
Autocracy
Oligarchy
Democracy
Legislatures
Executive
Judiciary
Basic functions of each institution
Bicameralism
Magna Carta
Security Clause
Petition of Rights
British Bill of Rights
Grievances in the Declaration of Independence
Design of Congress in the Articles of Confederation
Proposals presented to the Constitutional Convention
Constitutional Compromises
The Great Compromise
Design of the House and Senate
Constitutional principles which protect the legislature from the executive
The Speaker and President of the Senate
The Uniqueness of the Texas Legislature
The development of parties in Congress
Party positions
Committees, role in the legislative process
Standing committee assignments in Congress and the Texas Legislature
Budgeting
Filibusters
Party Whips
Role of the executive, dangers of the office
Design of the U.S. and Texas executive
The Bureaucracy
Henry II
Henry VIII
Limits Imposed on the monarchy in the British Bill of Rights
Executive and judicial power under the Articles of Confederation
Presidential Advising
Energy in the executive
Constitutional Powers of the President
Anti-Federalist concerns
Advice and Consent
Foreign Policy and the President
Executive Checks
Chief Executive
Limits on presidential power
Factors leading to the growth of the executive branch
Source of bureaucratic strenght
The Modern Presidency
The Post Modern Presidency
Functions of the Judiciary
Common Law
Statutory Law
Constitutional Law
Due Process and the Magna Carta
Star Chamber
Judicial Independence
Design of the Judiciary
Cases and Controversies
Appointing and Electing Judges
Judicial Review
Strict and Loose Interpretations of the Constitution
Original Intent and Textualism
The Living Constitution
Judicial Restraint
Judicial Activism

Study Guide For 2301 Final, Spring 2010

Here are words and phrases to guide you as you prepare for the 80 question final:

Franklin
Government
Politics
Consent
Coercion
Sovereignty
Autocracy
Oligarchy
Democracy
Ideology
Liberalism
Conservatism
Equality
Liberty
The Declaration of Independence
Tyranny
Full Faith and Credit
Privileges and Immunities
The structure of the Constitution
Constitutional principles
The driving force(s) behind the Constitutional Convention
The Great Compromise
The Preamble
Government institutions
The delegated powers of the national government
The uniqueness of the Texas Constitution
Federalist #10
Factions
Majority Rule
Republicanism
Human Nature
Pure democracy
Federalist #51
Separated Powers
Electoral Systems
Appointments
Checks and Balances, purpose and examples
The design of the U.S. and Texas House and Senate
Ambition
The Bill of Rights
Civil Liberties
Arguments for and against the Bill of Rights
The First Amendment
Limits on the Freedom of Speech
The expansion of the Bill of Rights
The 14th Amendment
Strict and Loose Interpretations of the Constitution
Substantive Liberty
Procedural Liberty
Federalism
Reserved and Implied Powers
The Necessary and Proper Clause
The Commerce Clause
State Sovereign Immunity
Elections
Direct elections
Constituencies
Winner Take All elections
The Right to Vote
Primary Elections
General Elections
Voter Turnout
Political Parties
Coalitions
Factions in each major party
Issues of each major party
Disputes within each major party
Third parties
Washington's Farewell Address
Public Opinion
Civil Rights
The Equal Protection Clause
Suspect Classifications
Strict Scrutiny

Should Cameras be Placed in the Supreme Court?

Legislation has been introduced in the Senate and House to do so.

Is this a good or bad idea? Proponents argue that it makes the court more transparent, opponents argue that it will lead to grandstanding by the justices and encourage them to play to constituencies outside the court. Hamilton, in Fed #78, wanted the court to stick to the Constitution and the laws. Might cameras compromise this?

Can Legislators Still Legislate?

Maybe not. Especially if legislating means talking with the opposition. Ezra Klein considers the case of Republican Senator Bob Bennett. Are voters, driven by extremist ideological groups, punishing legislators who legislate?

Arizona's Immigration Legislation

Will it energize the always dormant Latino voter? It happened in California and killed the Republican Party's chance to broaden its coalition to include the community. Republicans are more passionate at the moment, but there is enough time for events to occur that energize Democrats.

For 2301s, this illustrates the decentralized nature of parties in the United States. Arizona Republicans have made a move that could well jeopardize the long term competitiveness of the party nationally. But who can stop them?

But Obama has to move quickly in order to ensure that the faction is brought fully into the fold.

Ideological Polarization in the House

It keeps widening, according to this National Journal story.

Over the past eight election cycles, a great sorting of the House has taken place. Congressional districts have become more strongly Democratic or Republican, and voters across the country have been sending representatives to Washington who are more strongly liberal or conservative, according to a new analysis by National Journal. From 1994 to 2008, voters became less willing to tolerate representatives who were out of step with their ideological preferences, and lawmakers responded by voting more in sync with their districts.

The authors argue that the ideological homogeneity that results from redistricting (the creation of districts that are solidly democrat or republican) makes it easier for errant representatives to either be kept in line, or replaced, by constituents. The partisan realignment of voters based on party ideology also contributes to this polarization.

We Are All Activists Now

Barry Friedman and Jeffrey Rosen argue that both the left and right have grown accustomed to the use of an activist court to achieve their political aims.

Defining the Terms of Political Debates

E.J. Dionne thinks conservatives have been able to do so for several decades now and that its about time liberals stepped up.

The Country Isn't Angrier, Anger Has Switched Sides.

The anger conservatives feel today was matched by the anger liberals felt in 2006. Maybe each side is just upset to be out of power.

Bill White and the Liberal Trial Lawyer Tag

The Texas Tribune wonders whether it fits, and whether it works.

Do National Political Party Committees Matter?

Not anymore, according to Matthew Dowd. Elections results seem not to be influenced by the state of either party. The conditions that surround a given election (the state of the economy, whether we are at war, etc...) plus candidate characteristics matter far more than campaigns and tactics. He points to polls that suggest that a generic Democrat would have comfortably beat a generic Republican in the 2008 presidential election. Obama's campaign mattered little.

He argues that the "political-industrial complex" plus the need to fill the 24 hour news cycle with campaign details gives the illusion that party organization matters. This is a false impression.

We've hit this point before. Political scientists who forecast elections tell us it all boils down to the economy and who voters perceive as being responsible for it, and the have the models to back it up. Campaigns and parties may not matter as much as we think, or as political leaders would like us to believe.

Equal Protection for Pregnant Volleyball Players?

A case out of Ft. Worth illustrates the different ways that the equal protection clause can be applied depending on what criteria is used to treat people differently. Was a high school student discriminated against when she was kicked off the volleyball team because she was pregnant? The feds say no, the ISD had just cause to do so.

Some useful background:
- Pregnancy Discrimination; Know Your Rights
- NOAA Civil Rights Office -- Facts: Pregnancy Discrimination
- Facts About Pregnancy Discrimination
- The Civil Rights of Pregnant and Parenting Teens - Policy Brief ...

Framing Financial Reform

From Politico, a story about a debate regarding where the idea emerged that opposition to financial aid reform is best done by framing it as being a "permanent bailout."

Regulations on Derivatives Pass Senate Committee

The Agriculture Committee of all things.

Supreme Court to Rule on Sexting Case

The case is City of Ontario vs. Quon.

Members of the court seem to be unsure about texting, emails and that tech stuff.

And what would the founders have to say about that?

Comments on Steven's Approach to the Constitution

A thirty day series kicks off on ScotusBlog.

Losing Can Be Winning

I mentioned this possibility in class. A Republican victory in 2010, could help Obama in 2012.

Animal Cruelty Videos . . .

. . . are protected by the First Amendment.

Read the decision: The U.S. v Stevens.

More links:
- SCOTUSblog commentary.
- Revised legislation will be introduced soon.

The Pew Poll on Trust in Government

Not much of it out there.

Click here for the poll.
Click here for links to comments.

Is the Tea Party Movement a Media Phenomenon Only?

E.J. Dionne says it is, and that there is little new in the movement to boot.

Predicting the Behavior of Justices

it seems to be getting easier.

Implementing Health Care Reform

Details from the New York Times.

Are Conservatives Closing Their Minds to New Ideas?

Bruce Bartlett thinks they are. The fancy term is "epistemic closure." Some conservatives argue that this is not good for the long term vitality of the movement.

Web Based Media Wins a Pulitzer Prize

Pro Publica: It probably wont be the past either.

No such luck for the National Enquirer.

An Inside Peek at a Policy Change

The Washington Post has a story today on how an influential interest group, The Human Rights Campaign, was consulted by the Obama Administration on what potential policy changes would best affect the gay and lesbian community, and provoke the least backlash.

A good example of an advocacy network, perhaps an iron triangle, but an unconventional one.

Whisper Campaigns

Here's an interesting use of the media, an influential individual -- an opinion leader -- starts a rumor (that one of the top potential Supreme Court nominees is lesbian) in a public, though somewhat discrete place, and the rumor takes off. The White House backlash has led some to speculate that she might be the eventual nominee.

- Wikipedia - Whisper Campaigns.

Senate Republicans United in Opposition to Financial Reforms

But apparently not all 41 support a filibuster. There are concerns whether opposition to the bill will be seen as protecting Wall Street from the wrath of Main Street.

Here are the key parts of the bill (copied from calculatedriskblog):

- The consumer financial protection agency would be part of the Federal Reserve.

- Creates a systemic risk council that would be headed by the Treasury Secretary and would include "representatives of the Fed, the new consumer agency, the F.D.I.C., the Securities and Exchange Commission, the Commodity Futures Trading Commission and the Federal Housing Finance Agency — along with an official appointed to monitor the insurance industry, which is largely regulated by the states."

- Regulate over-the-counter derivatives: "Standardized swaps and derivatives would have to be traded on exchanges or clearinghouses."

- The Federal Reserve would regulate bank holding companies with $50 billion or more in assets, and "systemically important nonbank financial institutions".

- Many smaller banks that the Federal Reserve currently regulates would be overseen by the Office of the Comptroller of the Currency or the Federal Deposit Insurance Corporation, depending on the bank charter.

- Some shareholder provisions that allow shareholders to vote on executive pay and nominate directors.

click here for the committee report.

The Securities and Exchange Commission Sues Goldman-Sachs

The company is accused of packaging mortgage bonds they thought were likely to fail into a single portfolio, selling it to investors, and then betting against the portfolio. When the housing market collapsed, the investors lost money, but the company did very very well.

This is fraud.

More from the Huffington Post. They end their story by wondering whether the SEC will in fact punish the company. The agency looked the other way while it was going on, might it still? Has the SEC been captured by the financial industry?

For more info: Financial Regulatory Reform.

Perry will Not Call Special Session to Discuss Nullification

From the Dallas Morning News.

Obama v A Generic Republican

Nate Silver points out a curious phenomenon. Based on his analysis of current polls, if the 2012 election were held today, Obama loses to a generic Republican, but defeats all potential flesh and blood Republican candidates. Is this good news or bad news for Obama? What does this tell us about the information we get from public opinion polls? Or people's assessment of the Republican Party as an institution versus the characteristics of any potential candidate?

Online Political Segregation

This story modifies up our discussion about how the current media environment furthers
ideological polarization in America. Online exposure to news tends to be less polarizing than others types of exposure. This is an important observation.

The Swing Justice

A National Journal Story on perhaps the most powerful man in America, Anthony Kennedy. In an otherwise 4-4 court, he picks the winner.

Same Sex Visitation Rights

A few posts below I referred to a National Journal story that pointed out the fractured nature of Obama's coalition because certain groups (Latino, women's rights, gays and Lesbians, and labor among others) are upset because he has not moved on issues important to them. I predicted he would probably start making at least token efforts to appease them. He did so to the GLBT community by issuing a directive that any hospital the receives federal funds allow full visitation right to same sex partners.

This seems to have been receive well by the community, though it is to early to tell if it repairs their relationship to Obama. It was simply executed -- I believe by an executive order though I don;t know for sure. It will also, I believe, be difficult to oppose even by staunch opponents of homosexuality because it'll just appear unseemly to not allow a person in a hospital the ability to see people they fell closest to. It's too early to judge but this seem to be an astute political move.

The Patient President?

David Broder thinks Obama has been patient in his approach to the presidency, but wonders whether this might hurt him in an age of instant gratification.

Framing Democracy

George Lakoff highlights a great example of framing effects. The lesson is: Ballot language matters a great deal. For 2301s, this further confuses whether poll results necessarily reflect public opinion.

A Defense of a Living Constitution

2302s take note: The author argues that the Constitution was intended to be interpreted loosely and claims that it can be strictly (neutrally) interpreted are false:

For 30 years, conservative commentators have persuaded the public that conservative judges apply the law, whereas liberal judges make up the law. According to Chief Justice John Roberts, his job is just to “call balls and strikes.” According to Justice Antonin Scalia, conservative jurists merely carry out the “original meaning” of the framers. These are appealing but wholly disingenuous descriptions of what judges — liberal or conservative — actually do.

To see why this is so, we need only look to the text of the Constitution. It defines our most fundamental rights and protections in open-ended terms: “freedom of speech,” for example, and “equal protection of the laws,” “due process of law,” “unreasonable searches and seizures,” “free exercise” of religion and “cruel and unusual punishment.” These terms are not self-defining; they did not have clear meanings even to the people who drafted them. The framers fully understood that they were leaving it to future generations to use their intelligence, judgment and experience to give concrete meaning to the expressed aspirations.

Rulings by conservative justices in the past decade make it perfectly clear that they do not “apply the law” in a neutral and detached manner. Consider, for example, their decisions holding that corporations have the same right of free speech as individuals, that commercial advertising receives robust protection under the First Amendment, that the Second Amendment prohibits the regulation of guns, that affirmative action is unconstitutional, that the equal protection clause mandated the election of George W. Bush and that the Boy Scouts have a First Amendment right to exclude gay scoutmasters.

Whatever one thinks of these decisions, it should be apparent that conservative judges do not disinterestedly call balls and strikes. Rather, fueled by their own political and ideological convictions, they make value judgments, often in an aggressively activist manner that goes well beyond anything the framers themselves envisioned.

More Polling on Tea Party Identifiers

A NYT poll finds that Tea Party identifiers are older, better educated and more Anglo than the general population. They are also more likely to be male married, and to believe that Obama's policies benefit the poor at the expense of the rich and middle class. Full results are available here.

A separate poll find that identifiers hold more negative views of minority groups than does the general population.

More on Stevens and the First Amendment

A civil libertarian takes him to task for his support of a Texas law banning flag burning.

Explaining the Ideological Drift of Supreme Court Justices

Stuart Taylor gives it a good try. Yes, he says, Stevens has in fact gone to the left. The court hasn't simply shifted to the right. He argues that part of the reason Republican justices turn liberal more than Democratic justices turn conservative is that the nature of the news sources, interest groups and auxiliary organizations that surround the courts reward liberal rulings over conservative ones.

Perhaps the Supreme Court isn't as independent as we think.

Sick Today - 4/14/10

I'm feeling sick today and won't be able to make it in. Hopefully a note has been posted by now on the door, but if you are in my 8am class and get this in time, please make asure everyone else knows.

I've posted a revised schedule on the wiki, so please check that out.

thanks, and sorry for the incovenience, but you don't want what I have.

How To Become a Regent in Texas

You can start by contributing to Governor Perry's campaign.

This is one of the reasons why some executive agencies in the Texas Constitution were designed to be elected, not appointed. Appointed positions allow for governors to accumulate power.

Independent Conservative Republicans of Texas

Texas Senator Dan Patrick has announced a new organization, the Independent Conservative Republicans of Texas, which is invitation only and composed of Republican state legislators who share certain principles highlighted by the organization. They have identified themselves with the Tea Party movement.

Commentators have noted that the group does not include House Speaker Joe Straus who was elected Speaker with the overwhelming support of House Democrats. Will this group help or hurt Republicans as they try to maintain cohesion through the November elections? Is this another attempt by conservative Republicans to purge the party of moderates?

Read up on some commentary
- here.
- here.

The Overton Window

I've never heared of this before.

The Overton Window refers to a strategy -- used by politicians to influence public response to policy proposals, but almost certainly useful to most of us -- where a clearly unacceptable option is presented to the public first, with the hope that a second option would be seen as being more acceptable, and more acceptable had that second option been presented first.

Suppose in order to balance the budget, taxes have to be raised 5%. The public will not want that to happen. But suppose that the the first proposal presented is a 15% tax increase. Opposition would be heated, but as a compromise, a 5% increase will be accepted because it seems palatable by comparison.

Nate Silver argues that this might be happening in the names Obama is floating for potential Supreme Court picks.

Congressional Hispanic Caucus Pressures Obama to Move on Immigration Reform

Story in the National Journal.

Democrats believe that even if the bill does not pass this session, the issue will help split the Republican Party. Republican business interests tend to like the cheap labor, but grassroots activists see newly arrived immigrants as a threat to themselves and to national sovereignty in general.

Democrats also almost certainly hope for violent opposition by Republican grassroots -- perhaps the Tea Partiers? - that they can use to solidify Latino support for Democrats and mobilize the community to vote in November. The goal of the Republican leadership will be to contain the grassroots, but this has proven difficult to do.

The Fractured Obama Coalition

National Journal reports (in a subscriber only post) that tensions exist within the Democratic Party since Obama has yet to act on issues of concern to some of his electoral supporters, notably Latinos. They point out that while the health care bill was passing, 250,000 Latinos were protesting - in DC - inattention to immigration reform:

But hours earlier on the National Mall, another group had gathered -- a boisterous crowd estimated at 250,000 -- to urge Obama to fulfill his promise to enact comprehensive immigration reform. You didn't have to be an intrepid reporter to pick up on a deep sense of disappointment -- and even betrayal -- that the president had not done more to advance the goal of bringing 11 million immigrants out of the shadows and giving them a pathway to citizenship.

Latinos had backed Obama 2-to-1 over Republican nominee John McCain in the 2008 presidential election, and their votes had made the difference in Colorado, Florida, Nevada, and New Mexico, all states that President Bush carried in 2004. "People are really, really upset. I have never seen it so bad," said Salvador Reza, a veteran activist and immigration reform advocate who arrived at the Mall after traveling 14 days in a caravan from Phoenix. "President Obama is in danger of losing the Latino vote, either because they won't go to the polls for him next time or they might vote for somebody else as a protest."

It is ironic that at the very moment Obama is ready for a victory lap, he instead faces a major political detour. Ire is rising within the broad coalition of activists -- including that crowd on the Mall -- that helped him win the first majority vote for a Democratic president since Jimmy Carter in 1976. They are frustrated and angry that he has neglected their priorities. Obama can no longer count on them to remain reflexively in his corner.

Similar sentiments are being expressed by women's, labor, and gay and lesbian groups. If these groups do not show up in 2010, Republican gains are guaranteed. I would expect to see at least token action begun on issues important to each constituency and will note them when they happen.

The Southern Republican Leadership Conference

Southern Republicans met in New Orleans over the weekend to strengthen party cohesion, work on strategies for the 2010 and 2012 elections, and listen to an evaluate current and future party candidates and leaders. While the party has surged recently and is expected to do well in the midterm elections, questions still exist about the degree to which party activists are pulling the entire party (perhaps too far) to the right.

Even if this is a successful strategy in the short run, does it marginalize the party in the future? A party can't win elections consistently if it comprised mostly of conservative, older whites. They are motivated, and tend to turn out in droves, but they represent a shrinking percentage of the overall population. The (possible) irony is that if this group defines the national Republican Party, it may drive moderates away, especially if the economy begins to improve and if animosity about health care reform ebbs.

Some comments:
- Five lessons from GOP's Southern gathering‎
- Republicans' Southern Comforts‎
- Lessons From the Republican Leadership Conference
- Republicans predict November gains, blast Obama‎

The Southern Republican Leadership Conference Straw Poll Results

Nate Silver comments on the validity of the results (a narrow Mitt Romney victory).

What are Straw Polls anyway?

The Economy and the 2010 Election

A nice piece by James Surowiecki in the New Yorker. Recent economic developments, plus $500 billion of unspent stimulus money, may lessen the negative impact expected in the upcoming election.

Goldman Sachs Works on its Image

Story here. And a link to the firm it hired to help it out here. You can follow them on Twitter!

For 2301s: think both free press and public opinion.

Should Elected Leaders Follow Public Opinion?

For 2301 as we cover public opinion: Matt Bai notes that after hailing the Bush-Cheney Administration for being principled enough to ignore public opinion when they felt they had to, Republicans now assail Obama for doing the same. What role should public opinion play in governing decisions?

Note that the author points out the importance of the precise nature of the claims Democrats and Republicans have used to frame their accusations that the other party was being unfair, even to the point of using focus groups to make sure that the terminology was effective.

Democrats accused Republicans of "changing the rules in the middle of the game" when they considered changing rules concerning filibuster over judicial nominees. Now Republicans are accusing Democrats of having "rammed [health care reform] down the throats of the American people." in both cases the phrases were repeated over and over by various members of Congress to make sure the point was not missed.

Should the GOP Fight Obama's Nominee?

Republican Senators are unsure whether it is their best interest to stage a strong fight against the eventual nominee.

John Paul Stevens and the First Amendment

Here's a post that combines the topics in my 2301 and 23o2 classes. The First Amendment Center calls Stevens a friend of the First Amendment and outlines how the decisions he authored helped expand it.

Framing the Governor's Race

For my 2301s: We discussed how public opinion is often influenced by the frames of reference placed around whatever the public might be thinking about. Real power stems from being able to influence the context people use to form opinions about someone or something. This often determines the conclusions people make about those people or things. Its one of the goals of a successful campaign.

I was thinking about this when I saw the following effort by Governor Perry's campaign to frame Bill White a "liberal trial lawyer" rather than an ex-mayor.

Political Generations and the Future of the Democratic Party

For my 2301s as we continue to explore the sources of public opinion, some back and forth between the two authors about the impact a younger -- and possibly more libertarian -- cohort might have on the future of the Democratic Party.

- Liberaltarian Lessons from OKTrends?.
- Today's Social Liberal Is Tomorrow's Social Conservative.
- Liberaltarian Drift.
- Libertarian Electoral Fantasies.

Note the use of the term "liberaltarian" which is meant to distinguish younger, socially liberal members from the older folks.

Nuclear Posture Review

President Obama released an updated Nuclear Policy Review, which establishes the nation's policy regarding the use of nuclear weapons.

- A link to the report.
- Story in NPR.
- NYT Op-Ed.
- DOD info.

Stevens Makes it Official

He'll retire after this term is over.

- comments and further links from ScotusBlog.

Two Statements From Ben Bernanke

1 - The aggressive government response to the recent financial crisis prevented a depression worse than the one in the 1930s.

2 - The aging American population is creating strains on the fiscal health of the country and must be addressed immediately.

File this under economic policymaking and the executive branch, among other things.

How to Measure Tea Partiers

This might be useful to my 2301s as we discuss the difficulty pollsters face in precisely (if that is even possible) measuring party identification.

Overall pid figures here. For likely voters here.

Some Random Gallup Poll Results

For discussion in my 2301s:

- Anti-incumbent attitudes prevail, but note that people have higher opinions of their own representative than of Congress as a whole.
- Opinions on Obama stabilize: Presidential Job Approval Center.
- Voters Rate Economy as Top Issue for 2010.
- Americans' Confidence in Banks Remains at Historical Low.

Economic Freedom

After a discussion of what freedom "is" in one of my classes yesterday, this link to the Index of Economic Freedom might be an interesting read.

- Economic freedom - Wikipedia, the free encyclopedia

K Street Compensation

It pays (well) to run a non-profit, advocacy group, think tank, interest group or trade organization in DC. So says the National Journal.

Net Neutrality Rules Struck Down

But an appellate court, so the SC has yet to rule. This limits the jurisdiction of the FCC, so file it under checks and balances.

Public Opinion and the Supreme Court

Here's a book review that combines the topics we're covering in both 2301 and 2302 this week. The author suggests that public opinion plays a bigger role in Supreme Court decisions than is generally appreciated:

. . . liberal commentators who fear that the Roberts Court could shift dramatically to the right in the coming years betray a lack of historical perspective. The Court will inevitably march to the tune that the American public plays. “The decisions of the justices on the meaning of the Constitution must be ratified by the American people,” Friedman matter-of-factly explains. “That’s just the way it is.” A Supreme Court decision, on this understanding, bears a resemblance to an opening bid in a hand of poker. “It is through the process of judicial responsiveness to public opinion that the meaning of the Constitution takes shape,” Friedman writes. “The Court rules. The public responds. Over time, sometimes a long period, public opinion jells, and the Court comes into line with the considered views of the American public.” In his account, the views of Supreme Court justices are, in comparison to the views of the American public, of trifling significance. “Ultimately, it is the people (and the people alone) who must decide what the Constitution means,” Friedman proclaims. And so the left need not gnash its teeth over the replacement of Justice Sandra Day O’Connor with Justice Samuel A. Alito Jr., or about any other personnel decisions for that matter, because “the long-run fate of the Roberts Court is not seriously in doubt; its decisions will fall tolerably within the mainstream of public opinion, or the Court will be yanked back into line.”


The reviewer begs to differ.

Massey Energy

Maybe this is just a coincidence, but Massey Energy, the owner of the mine that exploded recently, is the same Massey energy involved in a Supreme Court case involving a conflict of interest due to the company owner's involvement in the election of one of the judges to the same West Virginia court that would hear a lawsuit against him.

Obama as a Rorschach Test

Frank Rich tries to figure why so many people have so many conflicting attitudes about Obama. Attitudes about him, he argues, say less about him than they do about us. He's a Rorschach test where we see what we want to see whether it is good or bad.

Others have hit upon this before:

- Obama As Ideological Rorschach : NPR
- The Oil Drilling Rorschach Test - Swampland - TIME.com
- A plain blog about politics: Rorschach

Gallup Info on the Tea Party Identifiers

Click here for the poll.

David Frum Feels Purged

A casualty of the conservative movement's effort to drive the party further to the right?

Who is David Frum?

WikiLeaks

Another example of our decentralized media environment. Anyone can bring an items to the public's agenda now.

- Wikipedia entry.
- The Nation has questions about the site.