Wednesday, August 31, 2011

From the Houston Chronicle: Judge stays sonogram law

An example of checks and balances:

A federal judge in Austin on Tuesday ruled that key components of Texas' abortion-sonogram law are unconstitutional, stopping the state from enforcing it until a court rules on a legal challenge filed on behalf of several obstetrician-gynecologists.
U.S. District Judge Sam Sparks said late Tuesday that the law, which was to take effect Thursday, violates the free speech rights of doctors and patients. He ordered that the state cannot impose penalties against doctors who don't fulfill its requirements.

Tuesday, August 30, 2011

From The Dish: Legal Protections For Ugly People?

Before we dig into civil rights in a few weeks, here's an early hint of an area where discrimination surely exists, but its difficult to determine whether and/or how that discrimination can be easily addressed.

In addition to whatever personal pleasure it gives you, being attractive also helps you earn more money, find a higher-earning spouse (and one who looks better, too!) and get better deals on mortgages. Each of these facts has been demonstrated over the past 20 years by many economists and other researchers. The effects are not small: one study showed that an American worker who was among the bottom one-seventh in looks, as assessed by randomly chosen observers, earned 10 to 15 percent less per year than a similar worker whose looks were assessed in the top one-third — a lifetime difference, in a typical case, of about $230,000.
A discussion question: If it leads to material differences, why can't it be addressed by legal measures?        

From Wonkbook: Doing nothing is still an option

Interesting post: if Congress does nothing to change existing laws, the deficit improves. This includes not extending the Bush tax cuts.

Islam and Democracy

Here's more background for 2301's written assignment. There are some who argue that one problem facing Middle Eastern countries that try to become democratic is the there is tension between Islam and democracy. Not that many Islamic countries are currently democratic - some are, its just not common.

Its worth noting that the same argument was made about Catholicism at one point as well. The Catholic church has a hierarchical structure that has a monarchic feel to it. Protestants - especially Puritans - in 17th Century Britain and early America argued that Catholics were far more likely, as a result,  to favor monarchies rather than republics. Many - though not all - Protestant churches were congregational in structure, which meant that church decisions were decided by a process that leaned towards democracy.

This lead commentators to suggest, as with Islam today, that Catholicism was incompatible with democracy. Protestant countries were more likely to become democratic. Actually until recent decades, there was evidence that Catholic countries were more likely to be monarchic or run by an authoritarian. That was used to support the thesis, but times have changed and many Catholic countries, Italy and Spain for example, have become democratic.

So things change.

Here are links that touch on the tension between Islam and democracy as things stand now:

- Islam and Democracy.
- MIDDLE EAST: Islam and Democracy.
- Can Islam and Democracy Coexist?
- The practice—and the theory
- CENTER FOR THE STUDY OF ISLAM AND DEMOCRACY

Monday, August 29, 2011

From the NYT: If the Arab Spring Turns Ugly

A cautionary note about what might happen in the wake of rebellion. The author is concerned that thoughts will turn to violence and revenge. There is precedence for this sort of thing.

More evidence that the presidency has become more prominent in the minds of Americans than Congress

Click here for graphical proof (with a caveat):

Some links regarding democratization

For the 2301 assignment on the potential for democracy in the Middle East, you may want to read through the a few items related to democratization (the action of making something democratic). These should cue you in on the factors commonly considered indicators of which countries are and are not likely to successfully become democratic - which is the point of the exercise.

- Wikipedia: Democratization.
- An Essay - RJ Rummel: Democratization.
- Theories of Democratization.
- Starting in Egypt: The Fourth Wave of Democratization?

I'd also suggest looking at some of these sites. They contain data that should help you determine whether a specific country you are looking at - or the region in general -  is likely to turn democratic.

- The CIA World Factbook.
- Freedom House.
- Wikipedia: List of freedom indices.

Sunday, August 28, 2011

From the Texas Tribune: Texas Voters Will Consider 10 Constitutional Changes

The story:

In a little celebrated — in fact, hardly noticed — biennial Texas tradition, voters will decide the fate of 10 new proposed constitutional amendments in November.

The amendments are the newest in a long line of legislative proposals to update the state Constitution. Since the Constitution was ratified in 1876, Texas voters have considered 646 proposed amendments and approved 467, according to the Legislative Reference Library. Texas is not alone in its prodigious accumulation of constitutional amendments, however. Alabama leads that contest. Its voters, according to Texas Politics, have amended their constitution almost 800 times since its creation in 1901
.

This is something we will be exploring anyway pretty soon

Texplainer: Why is the Texas Constitution So Long?

From the Guardian: Arab spring: an interactive timeline of Middle East protests

Thanks to an intrepid student for the link. This should help 2301s with this week's written assignment.

Texas Tribune: High Court Approves "Pole Tax" on Strip Clubs

A story that touches on the first amendment, checks and balances, and the judicial system:

The Texas Supreme Court has unanimously ruled that a $5-per-patron tax on strips clubs does not violate the First Amendment, adding the latest chapter to a four-year legal battle.

After the 2007 Legislature passed the law known as the Sexually Oriented Business Fee Act — or the "pole tax" in the vernacular — strip club owners challenged the fee in court. They argued it violated their freedom of expression under the First Amendment.

But the court today disagreed, saying that the fee was directed not at the expression of nude dancing, but at the "secondary effects of nude dancing when alcohol is being consumed." Adult entertainment businesses can "avoid the fee altogether simply by not allowing alcohol to be consumed," according to the decision written by Justice Nathan Hecht.

From the NYT: Broad Ripples From a PAC on Tort Reform

Some background on one of Texas' strongest interest groups: Texans for Lawsuit Reform.

- The group's website.
- The groups' PAC.
- Topics: Texans for Lawsuit Reform.

Texas Tribune: 31 Days, 31 Ways

The Texas Tribune has a series of stories on the various laws passed by thr Texas Legislature during the spring. These are all about to take effect September 1st.

As Ugly as the DSK Affair Was, the Justice System Worked - The Atlantic

As Ugly as the DSK Affair Was, the Justice System Worked - The Atlantic

How ought we interpret the Constitution's patent clause.

From The Hill, debate over "H.R. 1249, a bill that would mark the first major overhaul of U.S. patent laws in several decades."

At issue is whether changing the U.S. system from a "first-to-invent" system to a "first-inventor-to-file" system violates Article 1, Section 8, Clause 8 of the Constitution. That clause grants Congress the power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Supporters of the bill, called the
America Invents Act, argue that moving to a "first-inventor-to-file" system is in line with the Constitution and also has the benefit of moving the U.S. closer to the "first-to-file" system that most of the rest of the world uses.

"The bill's inclusion of a move to a first-inventor-to-file system is absolutely consistent with the Constitution's requirement that patents be awarded to the inventor," House Judiciary Committee Chairman Lamar Smith (R-Texas) argued.

But several Republicans and Democrats objected, arguing that the proposed change would put in place a new requirement that inventors file for their patents first in order to be awarded rights that they should already have under the Constitution by having invented a novel product or process.

Recent controversy has kicked up over the patent process, especially the recent tendency of patent trolls to purchase patents and hunt around for anyone who might  - even loosely - be violating it.

Thoughts about the bill:

- The America Invents Act (HR 1249) – A Bad Law That Will Change Your Life.
- Rep Conyers Speaks Out Against HR 1249.
- House Debate on Constitutionality of H.R. 1249 – America Invents (NOT) Act.

Do we need FEMA?

Ron Paul doesn't think so. This raises a question worth discussing in class: Should the federal government be involved in disaster assistance? And if so, since there is no disaster relief clause in the Constitution, what is the constitutional basis for that power?

Some related reads:

- Wikipedia: FEMA.
- FEMA: FEMA History.
- For the conspiracy minded: FEMA - The Secret Government.
- Mike Lee: Federal Disaster Relief Is Unconstitutional

Update on state of the budget, and the economy etc...

More of a series of links related to the state of the economy, jobs, the budget etc...

- Budget deficit to hit $1.3 trillion this year, congressional analysts report.
- Bernanke Blames Politics for Financial Upheaval.

File this under "are voters rational?"

Voters tend to punish incumbents for bad weather.

Saturday, August 27, 2011

From Andrew Gelman: Economic Divisions and Political Polarization in Red and Blue America

A brief study exploring the difference in voting behavior between the rich and the poor.

From the NYT: Qaddafi Leaves Behind Little to Guide Libya in His Absence

For 2301's written assignment this week, an NYT story on one of the problems the groups that will replace Qaddafi - there are no political or civil institutions to speak of in the country. Democracy is driven by the existence of political parties, a press, interest groups and a vibrant, politically astute population. Nothing like that exists in the country, the all have to created from scratch.

For those of you who have to determine whether democracies will be created in Middle Eastern countries following the Arab Spring, this is something to chew on.

As we will discover, one of the accomplishments of the Constitution was to establish solid institutions that provide stable government and can absorb political changes regularly. We have no similar crises when we have changes the presidency or Congress. That's the point of a constitutional system.

If I Were President ...

The NYT has a fun piece where they asked different people what they would do if they were president. It's worth a quick read, but as you do, its worth wondering whether what they propose is actually feasible. While we tend to think of the president as one of the more powerful - if not the most powerful - positions in the world, we forget that the office exists within a system of checks and balances. Presidents do not have magic wands they can wave and make things happen automatically.

Its also worth remembering that before one can be president, one has to have the political skills - or connections - to become president.

Some random posts on the impact of the ARRA - the stimulus bill.

Just what the title says. I've been researching the impact of Obama's stimulus bill (and stimulus measures in general) and have run into various helpful sources, thought I'd share them if you'd like to dig into them also:

- Bush stimulus may have had only modest impact.
- How We Know the Stimulus Is Working.
- White House Report Claims Stimulus Success -- Despite 3.5 Million Job Losses.
- Obama says stimulus is responsible for 2 million jobs saved or created.
- Did the stimulus work? A review of the nine best studies on the subject.
- Wikipedia: Multiplier.
- Wikipedia: Fiscal Multiplier.
- Stimulating Spending with the Fiscal Multiplier.
- CBO Report.

Together these help focus on a question that ought to recur over this semester: What actual impact can government have on economic and social affairs? What role ought government have? It's one thing to wish for a specific outcome, its another to ensure this is likely to occur.

Written Assignments for 2301 and 2302

I've put together the first real written asignments for 2301 and 2302. I'll post a few items related to each over the course of the next few days, but you are welcomed to do your own reading and answer the question your own way. Send me any onformation you'd like to share with others. These will be due September 6th, instead of the 5th since the 5th is Labor Day.

2301: Among the topics covered this week is democracy. As I've mentioned in class, commentators are curious about whether the various revolutions occurring in the Middle East (the Arab Spring) will result in the establishment of democracies, or some other type of of governing system. I will posting various stories on the blog relate to this question. Read through them (as well as anything your find on your own - share them if you like) and weigh in on what the likely outcome will be. Will democracy break out in the Middle East as a result of the Arab Spring, or will these countrys' governments revert back to autocracy?

2302: Before we begin to look into each governing institution - the legislative, executive and judicial -in depth, I want you to come to terms with the decentralized nature of the governing sytem as a whole. In the review, pay special attention to the concept of republicanism, federalism and separated powers. Each divides power in various ways for legitimate reasons, but doing so complicates the ability of government to act efficiently. Our collective difficulty in dealing with problems like immigration, health care, and the environment may come down to this inefficient design.

Think of it this way: The people, or Congress, or the states may want certain things done - but the power of each is checked by some external force.

I'll post some stories on the blog illustrating these areas of conflict, but do your own research as well. Select one and write at least 150 words describing in some detail the conflict, the more detailed and thorough the answer, the better the grade.

Thursday, August 25, 2011

Should Congress be replaced with a Parliament?

This is provocative (if totally unrealistic), should Congress be replaced with a parliament? Would a different type of government - still democratic but not the presidential system we are familiar with - do a better job of governing?

This subject is good for both 2301 and 2302. Why might this be a better system? Why might it be worse?

Meet the Super Committee - The Atlantic

Meet the Super Committee - The Atlantic

From the Monkey Cage: Politicians Like Constituents Like Them

Some studies suggest that politicians are more likely to respond to constituents that share their ethnicity than those that don't. This is a bit disturbing I think. Does this suggest a need to have a diverse legislature in order to reflect the interests of a diverse population?

We can consider this in both 2301 and 2302. Does this present a civil rights issue - equal protection? And for 2302 what does this tell us about the ability of legislatures to in fact fulfill its role as a representative institution? Are certain interests more likely to be represented than others? There is plenty of evidence to suggest that this is indeed the case, but these studies help us understand how that occurs, and suggests a remedy.

It might be appropriate to consider these argument when we discuss - in both classes - racial gerrymandering.

Wednesday, August 24, 2011

Could Third-Party Tremors Result in a 2012 Political Earthquake? - Matthew Dowd - NationalJournal.com

Could Third-Party Tremors Result in a 2012 Political Earthquake? - Matthew Dowd - NationalJournal.com

Here's more for my 2301 students to consider as you consider the 2011 battle for the Republican nomination, might Jon Huntsman, who is currently running very unsuccessfully for the nomination - consider an independent run?

Is There Anything That Can Be Done? A TNR Symposium On The Economy. | The New Republic

Is There Anything That Can Be Done? A TNR Symposium On The Economy. The New Republic

This is for our ongoing discussion this semester about the state of the economy and what sorts of things can and cannot be done about it.

Perry Zooms to Front of Pack for 2012 GOP Nomination

Perry Zooms to Front of Pack for 2012 GOP Nomination.

The Gallup Poll shows that our governor has surged ahead of the pack for the Republican nomination. Now comes the hard part - staying ahead. I'll use this post to start a series my 2301s can use to follow the battle among Republicans and write me a good report to turn in at the end of the semester. Note the tag: 2301 fall 2011 report. I'll use it for similar posts.

Maybe we are not so polarized after all ...

While we will discuss ideological polarization in this class, there are strong argument to be made that we are far more similar than dissimilar ideologically. We are in fact Lockean Liberals.

Here's an article making that argument.

Tuesday, August 23, 2011

Will members of the House of Representatives have an easier time winning the presidency?

Only James Garfield has done it, and factors associated with the House - where people are elected from small local districts - seem to make it very difficult for someone to win a national office. Factors might have changed however, perhaps they can now:

. . . we should expect Representatives to play larger roles in future presidential campaigns because many of the barriers that once existed for Representatives to mount legitimate campaigns for president no longer exist. And this is particularly true on the Republican side. Between Fox News, conservative talk radio, and the internet, it’s not hard for the conservative media machine to make a rock star out of anyone.

. . . The intensely partisan tone in politics will continue to boost Representatives running for President. House members are often more radical than Senators because House members only have to appeal to voters in their districts. These more radical House members, who might never be able to win statewide office, like Bachmann, have a real advantage in primary contests where Republican primary voters are skewed to the far right of the Republican Party. Even though they don’t appeal to a whole state, they have a chance at winning the nomination just by appealing to conservative Republicans.

Citizens United is also easing the Representatives’ path to the nomination. They no longer need a dedicated state operation or even money from voters; as long as they appeal to the SuperPACs pouring money into campaigns, a history of building donor support becomes less important.
Not everyone is convinced.

Can housing policy be an effective stimulus?

A major story throughout this semester will be what government (fed, state, and local) can and cannot do to prevent a second recession. I'll highlight stories to that effect as they come along.

Here's one from the Washington Post that asks whether effective housing policy might do the trick. One of the reason why Texas did not suffer as much through the recession as bad as other states is that regulations (greater ability to build lots of homes and restrictions on what one could do with home equity loans) ensured that homes were not overvalued and fewer homes now are underwater (worth less than the mortgage).

Is housing relief an appropriate stimulus to the economy?

Will all countries inevitably adopt western political institutions?

The argument has persisted for a while, and has been revisited in the wake of the Arab Spring, and recent events in Libya.

Both 2301 and 2302 students are aware that I tend to adopt a historical approach to discussing American institutions - their British bases etc... Does this suggest that the historical continuum continues?

Narcissistic Autocrats

Here's something for both 2301 and 2302 to chew on as we review basic terms and observe the pros and cons of different governing systems. Autocracy tends to be efficient - it can get things done - but is also arbitrary - there are no rules which guide its actions. The autocrat is unpredictable.

Add to that the tendency of autocrats to be narcissistic:

There is a school of thought in politics and international relations which holds that all the bluster from dictators under pressure is propaganda, in the sense that the leaders themselves realize it’s untrue. They are just trying to demoralize their opponents and rally their friends by intentionally overstating how well things are going. In their hearts, autocrats know the jig is up and that means a window for a negotiated settlement with them has opened.

That school of thought is usually wrong.

If you take a human being — particularly a male one — and for most or all of his life give him every material comfort while others are starving, encourage him to believe that other people are his inferior, and nurture a sense of entitlement in him through word and deed (e.g., letting him watch or participate in torture sessions), you will often produce what we shrinks call a malignant narcissist (or “A classic Cleckley psychopath” for those of my colleagues who may be scoring at home). I don’t mean “narcissist” in the colloquial sense of someone who worries too much about his looks and is a bit self-involved, I mean someone who literally believes that other human beings are merely objects for his self-gratification, and, that the usual constraints of human existence (e.g., everyone dies, no one gets everything he wants) do not apply to him.
A nice analysis of human nature and a great compliment to some of the material we will dig through during the first couple of weeks of class.

Thursday, August 18, 2011

Exclusive: Goldman Sachs VP Changed His Name, Now Advances Goldman Lobbying Interests As Top Staffer To Darrell Issa

Exclusive: Goldman Sachs VP Changed His Name, Now Advances Goldman Lobbying Interests As Top Staffer To Darrell Issa: pHas Rep. Darrell Issa (R-CA) turned the House Oversight Committee into a bank lobbying firm with the power to subpoena and pressure government regulators? ThinkProgress has found that a Goldman Sachs vice president changed his name, then later went to work for Issa to coordinate his effort to thwart regulations that affect Goldman Sachs’ bottom [...]/p

The Iowa Straw Poll

Before too much time passes, some links related to the recent Iowa Straw poll.

- Wikipedia: Ames Straw Poll.
- Michele Bachmann wins Iowa Straw Poll.
- theiowastrawpoll.org.
- Iowa Straw Poll Drawing Yawns.
- I Love the Iowa Straw Poll—And I’m Not Ashamed to Say It.
- Put an end to the Iowa Straw Poll—please.

House Partisanship From 1879 - 2010

More striking graphical evidence of the increase in party polarization since the 1970s - and fluctuations over time. Notice the shift in Southern Democrats especially - that's the story.


See: Polarized America for more detail.

Sunday, August 7, 2011

Saturday, August 6, 2011

S.&P. Downgrades Debt Rating of U.S. For the First Time

Story in the NYT:

Standard & Poor’s removed the United States government from its list of risk-free borrowers for the first time on Friday night, a downgrade that is freighted with symbolic significance but carries few clear financial implications.

The company, one of three major agencies that offer advice to investors in debt securities, said it was cutting its rating of long-term federal debt to AA+, one notch below the top grade of AAA. It described the decision as a judgment about the nation’s leaders, writing that “the gulf between the political parties” had reduced its confidence in the government’s ability to manage its finances.


Some commentary:

- Standard & Poor’s has been wrong before. But they’re right now.
- The U.S. is downgraded. Now what?
- U.S. Faces Possible Ratings Downgrade From S&P
- Why Has S&P Downgraded the U.S.?

Friday, August 5, 2011

Age, Income Inequality and the Polarized Electorate

While the existence of primary elections and sophisticated gerrymandering remain dominant explanations for political polarization, here is an argument that two socio-demographic factors also drive this tendency.

We have an increasingly old population - who happen to command, and fight to preserve, most of the entitlements - and a larger and larger gap is growing between the wealthy and the poor in the nation. This means that the interests of the elderly and the young are increasingly at odds, as are those of the wealthy and the poor, as are the voter choices (to the degree that the young and the poor vote at all) between both groups.

How competitive woulf Governor Perry be in the general election for president?

Leading Republican consultants aren't sure.

Bu this strong appeal to Republican primary voters makes him a likely nominee.

Independents Hate Both Parties as Never Before - The Atlantic

Independents Hate Both Parties as Never Before - The Atlantic

Disapproval Rate for Congress at Record 82% After Debt Talks

From the NYT:

The debate over raising the debt ceiling, which brought the nation to the brink of default, has sent disapproval of Congress to its highest level on record and left most Americans saying that creating jobs should now take priority over cutting spending, according to the latest New York Times/CBS News Poll.

A record 82 percent of Americans now disapprove of the way Congress is handling its job — the most since The Times first began asking the question in 1977, and even more than after another political stalemate led to a shutdown of the federal government in 1995.

Thursday, August 4, 2011

Can Obama summon Congress back to work on an FAA bill?

A question regarding executive power over Congress:

This week, members of Congress packed their bags and jetted off on recess without finishing up the FAA funding bill. As Dylan Matthews explained, that means 4,000 FAA workers and 70,000 airport construction workers have been furloughed. Disconcertingly, at least 40 safety inspectors are now working without pay. Some liberals are now suggesting that President Obama should order Congress back to work to finish this up. Can he actually do that?

Technically, yes—though there’s a limit to how much it would achieve. Under Article II, Section 3 of the Constitution, the president has the power to, “on extraordinary Occasions, convene both Houses, or either of them.” The parties would no doubt differ on whether the FAA’s cutbacks count as “extraordinary,” though, as Douglas Linder, a law professor at University of Missouri-Kansas City points out, it’s unlikely the courts would challenge Obama here. “It’s also hard to imagine Congress saying, no, we’re not going to bother showing up,” Linder says.
After that, though, there’s not much Obama can do. “He can call them to session but he can’t lock the House and Senate doors,” says Linder. If Congress chose to remain deadlocked over an FAA bill, that would be that. Obama might win the political battle, but he couldn’t force FAA funding.

Selling A Balanced Budget Amendment

From the NYT:

House Republicans, feeling they have scored significant fiscal victories, are moving on to an even bigger challenge: persuading voters, state legislatures and Democrats to alter the Constitution with a balanced budget amendment.

In a meeting with his conference Monday, Speaker John A. Boehner told members that the best thing they could do during the August recess was to sell their constituents on the idea that the amendment — which essentially stipulates that government cannot spend more than it takes in — is necessary and good.