This should add meat to subject matter covered a couple weeks back when we looked at Congress.
- The Senate Judiciary Committee holds hearings on the proposed assault weapons ban, click on the related story in the Washington Post here. The paper has also produced a video explaining the proposed ban.
- The Senate Intelligence Committee has dropped an investigation of any involvement the CIA may have had with the making of the movie Zero Dark Thirty. Story here. The Senate Armed Services Committee had also asked questions about the film. The intelligence committee recently held hearings on the nomination of John Brennan to be CIA director.
- Federal Reserve Chairman Bernanke testified before the Senate Banking Committee about ongoing efforts by the Fed to boost the economy by keeping interest rates low. Some have worried that this might lead to inflation sometime in the future, Bernanke argued they would not. Story here.
And a quick look at what's on tap in the House:
- The House Armed Services Committee has hearings on the viability of the "sustainment industrial base."
- The Ways and Means Committee has hearings on waiving work requirement in the Temporary Assistance for Needy Families program.
- The Committee on the Judiciary holds hearings on the impact of regulations promoted by the Obama Administration on the economy.
- The Committee on Education and the Workforce is looking at how schools measure teacher performance.
- The Committee on Foreign Affairs has hearings on US interests in the Western Hemisphere.
- The Committee on Science, Space, and Technology has oversight hearings on the top challenges for science agencies.
Thursday, February 28, 2013
Feedback on Shelby v Holder
Court observers tell us that the oral arguments fell along ideological lines. Conservative justices suggested they are ready to strike down the pre-clearance requirement and liberals are ready to uphold it. Predictably, they argue it will come down to where the most centrist Justice - Kennedy - will vote.
- National Journal: High Court's Conservatives Cast Doubt on Key Voting Rights Act Provision.
- National Journal: The Supreme Court Seems Ready to Send Voting Rights Issue to Congress.
- The Hill: Supreme Court justices hint at striking Voting Rights Act provision.
- NYT: Voting Rights Law Draws Skepticism From Justices.
- For SCOTUSBlog's commentary, click here.
- National Journal: High Court's Conservatives Cast Doubt on Key Voting Rights Act Provision.
- National Journal: The Supreme Court Seems Ready to Send Voting Rights Issue to Congress.
- The Hill: Supreme Court justices hint at striking Voting Rights Act provision.
- NYT: Voting Rights Law Draws Skepticism From Justices.
- For SCOTUSBlog's commentary, click here.
Wednesday, February 27, 2013
Regarding Article IV officials
Recent news items about the positions established in Article IV of the Texas Constitution:
- The Governor has a new Chief of Staff (see the press release here). The ex-chief, Ann Bishop, has returned to direct the Employment Retirement System of Texas. The new chief, Brandy Marty, has previously worked as Deputy Chief of Staff and as the director of the Budget, Planning and Policy Division within the governor's office.
- The Comptroller is hoping the legislature passes legislation that makes the state's pension systems more transparent. The bill is HB 13, which would make pension information public on the internet and require the Pension Review Board to develop conflict of interest policies for public pension systems.
- The viability of the Texas Enterprise Fund and the Emerging Technology Fund are both being questioned by legislators in the House Committee on Economic and Small Business Development. Representatives from the Governor's office have defended both.
- Governor Perry reappoints Rod Bordelon a commissioner of Worker's Compensation.
- The Governor has a new Chief of Staff (see the press release here). The ex-chief, Ann Bishop, has returned to direct the Employment Retirement System of Texas. The new chief, Brandy Marty, has previously worked as Deputy Chief of Staff and as the director of the Budget, Planning and Policy Division within the governor's office.
- The Comptroller is hoping the legislature passes legislation that makes the state's pension systems more transparent. The bill is HB 13, which would make pension information public on the internet and require the Pension Review Board to develop conflict of interest policies for public pension systems.
- The viability of the Texas Enterprise Fund and the Emerging Technology Fund are both being questioned by legislators in the House Committee on Economic and Small Business Development. Representatives from the Governor's office have defended both.
- Governor Perry reappoints Rod Bordelon a commissioner of Worker's Compensation.
Community college grads will one day rule the world
OK maybe not - but CNN Money reports that they out earn students with bachelors degrees.
The "middle skills" we teach pay well.
According to the report - our success rate at ACC is 42%.
Thanks to a student for sending this to me. Keep them coming.
The
increase in wages for community college grads is being driven by a high
demand for people with so-called "middle-skills" that often require no
more than an associate's degree, such as lab technicians, teachers in
early childhood programs, computer engineers, draftsmen, radiation
therapists, paralegals, and machinists.
With a two-year community college degree, air traffic controllers can make $113,547, radiation therapists $76,627, dental hygienists $70,408, nuclear medicine technologists $69,638, nuclear technicians $68,037, registered nurses $65,853, and fashion designers $63,170, CareerBuilder.com reported in January.
- See more at: http://money.cnn.com/2013/02/26/pf/college/community-college-earnings/#sthash.z4z28ylv.dpuf
With a two-year community college degree, air traffic controllers can make $113,547, radiation therapists $76,627, dental hygienists $70,408, nuclear medicine technologists $69,638, nuclear technicians $68,037, registered nurses $65,853, and fashion designers $63,170, CareerBuilder.com reported in January.
- See more at: http://money.cnn.com/2013/02/26/pf/college/community-college-earnings/#sthash.z4z28ylv.dpuf
The
increase in wages for community college grads is being driven by a high
demand for people with so-called "middle-skills" that often require no
more than an associate's degree, such as lab technicians, teachers in
early childhood programs, computer engineers, draftsmen, radiation
therapists, paralegals, and machinists.
With a two-year community college degree, air traffic controllers can make $113,547, radiation therapists $76,627, dental hygienists $70,408, nuclear medicine technologists $69,638, nuclear technicians $68,037, registered nurses $65,853, and fashion designers $63,170, CareerBuilder.com reported in January.
- See more at: http://money.cnn.com/2013/02/26/pf/college/community-college-earnings/#sthash.z4z28ylv.dpuf
With a two-year community college degree, air traffic controllers can make $113,547, radiation therapists $76,627, dental hygienists $70,408, nuclear medicine technologists $69,638, nuclear technicians $68,037, registered nurses $65,853, and fashion designers $63,170, CareerBuilder.com reported in January.
- See more at: http://money.cnn.com/2013/02/26/pf/college/community-college-earnings/#sthash.z4z28ylv.dpuf
The "middle skills" we teach pay well.
According to the report - our success rate at ACC is 42%.
Thanks to a student for sending this to me. Keep them coming.
The
increase in wages for community college grads is being driven by a high
demand for people with so-called "middle-skills" that often require no
more than an associate's degree, such as lab technicians, teachers in
early childhood programs, computer engineers, draftsmen, radiation
therapists, paralegals, and machinists.
With a two-year community college degree, air traffic controllers can make $113,547, radiation therapists $76,627, dental hygienists $70,408, nuclear medicine technologists $69,638, nuclear technicians $68,037, registered nurses $65,853, and fashion designers $63,170, CareerBuilder.com reported in January.
- See more at: http://money.cnn.com/2013/02/26/pf/college/community-college-earnings/#sthash.z4z28ylv.dpuf
With a two-year community college degree, air traffic controllers can make $113,547, radiation therapists $76,627, dental hygienists $70,408, nuclear medicine technologists $69,638, nuclear technicians $68,037, registered nurses $65,853, and fashion designers $63,170, CareerBuilder.com reported in January.
- See more at: http://money.cnn.com/2013/02/26/pf/college/community-college-earnings/#sthash.z4z28ylv.dpuf
Nearly 30%
of Americans with associate's degrees now make more than those with
bachelor's degrees, according to Georgetown University's Center on
Education and the Workforce. In fact, other recent research in several
states shows that, on average, community college graduates right out of
school make more than graduates of four-year universities.
- See more at:
http://money.cnn.com/2013/02/26/pf/college/community-college-earnings/#sthash.z4z28ylv.dpuf
For today's look at the Supreme Court
A few items for today's look at the court:
- Justices Turn Back Challenge to Broader U.S. Eavesdropping: The court argued that the people who brought a lawsuit against the Foreign Intelligence Surveillance Act did not have standing to sue, and it may well be that no one has standing to sue.
- Justices Hear Arguments on Missed Deadline in Murder Case: The court heard arguments regarding a claim of innocence and whether federal habeas corpus challenges challenges override state deadlines to file innocence claims.
- From Scotus Blog: a look at what's on tap for today.
- Justices Turn Back Challenge to Broader U.S. Eavesdropping: The court argued that the people who brought a lawsuit against the Foreign Intelligence Surveillance Act did not have standing to sue, and it may well be that no one has standing to sue.
- Justices Hear Arguments on Missed Deadline in Murder Case: The court heard arguments regarding a claim of innocence and whether federal habeas corpus challenges challenges override state deadlines to file innocence claims.
- From Scotus Blog: a look at what's on tap for today.
We should spend time looking at the court record on Shelby County v Holder.
Today at the Court: February 27, 2013
Today is the last day of the February sitting. We are expecting one or more opinions in argued cases this morning and will begin live blogging shortly before ten o’clock.
After issuing opinions, the Justices will hear oral arguments in two cases: Shelby County v. Holder, followed by American Express Co. v. Italian Colors Restaurant.
In Shelby County, which Lyle previewed yesterday, and which Amy previewed on Monday “In Plain English,” the Court will consider the constitutionality of Section 5 of the Voting Rights Act of 1965. Lyle will post his analysis of the oral argument shortly after it concludes; we will also have analysis from Tom and a report from Amy “In Plain English.” In addition, the blog will have commentary on the oral argument from Roger Clegg, Ellen Katz, Abigail Thernstrom, and Elizabeth Wydra.
David Garcia and Leo Caseria previewed the argument in American Express, in which the Court will consider the Federal Arbitration Act and antitrust claims on credit card “swipe fees.”
Shelby County v. Holder
Shelby County v. Holder
Filibuster over, Hagel confirmed
From the NYT:
The Senate confirmed Chuck Hagel as defense secretary on Tuesday after he survived a bruising struggle with Republicans. At the same time, President Obama’s nominee to be Treasury secretary moved closer to approval with bipartisan support, suggesting that the Republican blockade against the administration’s second-term nominees was beginning to ease.
After escaping a filibuster from members of his own party, Mr. Hagel, a former Republican senator from Nebraska, prevailed in a 58-to-41 vote — the smallest margin for a defense secretary since the position was created in 1947, according to Senate records. Fifty-two Democrats, two independents and four Republicans backed Mr. Hagel, and 41 Republicans opposed him.
Here's the Robert's Court
I have a similar photograph in the power points somewhere, but in case you haven't come across it yet - here's the current Supreme Court. It's called the Robert's Court because John Roberts is the Chief Justice (duh), the 17th in US history. A good way to walk through history is to look at each era of the Supreme Court (click here for another look at it).
If you are really ambitious you can look at how the composition of the court has changed under each Chief Justice, and at the list of the clerks that worked under each justice. That might be overkill though.
More to the point, here are a few items on the Roberts Court that might be worth discussing in class. Chief Justices have a special responsibility to look after the institutional viability and well being of the court, and each has their own way to do so. John Roberts has been Chief Justice for about 8 years now, so court observers have been able to start making educated guesses about his impact on the court and what motivates him.
- The NYT editorialized that under Roberts the court's conservatives no longer adhere to judicial restraint, but instead actively seek to imposed their views of proper public policy on the law. This means the under Roberts, conservatism on the court has been transformed. It no longer holds itself outside of politics, but is instead actively involved in it.
- The New Republic argues that Robert's decision in the Affordable Care Act decision was meant to place the court above politics. His primary intent was to ensure that the court would not lose legitimacy - and as a result the only real strength the court has - by being perceived as being just another partisan institution.
- A Huffington Post piece states that despite Robert's vote to uphold the ACA, the Robert's court has made landmark, activist decisions decisions overturning multiple precedences including cases involving gun control, campaign contributions, affirmative action and environmental protection. Many of these were accomplished with 5-4 votes, which suggest that Roberts sees little need to build consensus for these moves. The court's public support has waned as a result, which might be bad for its future strength.
- The Supreme Court may be growing increasingly contemptuous of Congress and the executive branch. Here's back and forth on that point.
- Party polarization is not just for Congress. The NYT reported that "more conservative justices are much more likely than were their predecessors to hire clerks who worked for judges appointed by Republicans. And the more liberal justices are more likely than in the past to hire from judges appointed by Democrats."
- The clerks are apparently a secretive bunch who do not talk much at all about what happens in the courts. And when they leave the Supreme Court, clerks command top dollar on the market.
Tuesday, February 26, 2013
Why are medical bills so high?
It's the subject of the current issue of Time Magazine. Americans are charged more for health care than citizens in any other country. The author tries to understand why. It seems our entire health care system is designed to jack up costs.
Andrew Sullivan points to other commentary that argues doctors in the US are overpaid. Doctors in the US insist on being paid high incomes, which restricts access to a large percentage of Americans.
Andrew Sullivan points to other commentary that argues doctors in the US are overpaid. Doctors in the US insist on being paid high incomes, which restricts access to a large percentage of Americans.
. . . if Medicare expanded, “no doctor could hope for anything approaching the income he or she deserves (and that will make future doctors want to practice) if 100% of their patients yielded anything close to the low rates Medicare pays.” It’s true that many American doctors do believe that they would be crushed if they were paid only Medicare rates. They insist they’re hard-pressed as it is, barely getting by, and practically treat these Medicare cases as acts of charity. There’s no way they could swallow those reimbursement rates without the whole system collapsing.
But that’s not remotely true. The last time the OECD looked at this (PDF), they found that, adjusted for local purchasing power, America has the highest-paid general practitioners in the world. And our specialists make more than specialists in every other country except the Netherlands. What’s even more striking, as the Washington Post’s Sarah Kliff observed last week, these highly paid doctors don’t buy us more doctors’ visits. Canada has about 25 percent more doctors’ consultations per capita than we do, and the average rich country has 50 percent more. This doctor compensation gap is hardly the only issue in overpriced American health care—overpriced medical equipment, pharmaceuticals, prescription drugs, and administrative overhead are all problems—but it’s a huge deal.
Doctors aren’t as politically attractive a target as insurance companies, hospital administrators, or big pharma, but there’s no rational basis for leaving their interests unscathed when tackling unduly expensive medicine.
Bill Moyers weighs in on the revolving door
This is one of my favorite subjects, so I have to pass it along:
To those who would argue that the notion of a perpetual motion machine is impossible, we give you the revolving door — that ever-spinning entrance and exit between public service in government and the hugely profitable private sector. It never stops.
Yes, we’ve talked about the revolving door until we’re red or blue in the face (the door is bipartisan and spins across party lines) but this mantra bears its own perpetual repetition, a powerful reason for our distrust of the people who make and enforce our laws and regulations.
. . . It’s a wonder all of Washington doesn’t lie prostrate in the streets, overcome by vertigo from all the spinning back and forth. But while we’re at it, remember that this whirling frenzy isn’t limited to the federal government. There are revolving doors installed at the exits and entrances of every state capitol in the country. The temptation for officeholders to seek greener pastures in lobbying can be even greater in statehouses where salaries are small and legislative sessions infrequent.
Third Coast Growth Corridor
The Manhattan Institute has released a report detailing shifts in growth in the US and highlights what it calls the "Third Coast Region" with Houston as its major city.
EFFECTS OF THE BUDGET CONTROL ACT ON THE TEXAS STATE BUDGET
Click here for the presentation outlining how sequestration will affect Texas.
Day 50
I should have started this a while back, but here's what's on tap today in the Texas Legislature, and what's been topical for the Texas media.
Committee meetings mostly. Click here for a list of committee hearings for the House, and here for Senate committee meetings.
- The DMN reports on a debate within the House Elections Committee about the low level of voter turnout in the state. There seems to be disagreement over whether it is a problem, and whether it is a consequence of suppression or of voter satisfaction. Texas ranks 45th in voter turnout.
- Quorum Report reports on debate in the Senate Health and Human Services Committee on debate over SB 7 and SB 8, both which deal with Medicaid - an increasingly large part of the state budget.
- The Senate may reject Eleanor Kitzman's recess appointment to the Texas Insurance Commission. Democrats argue that she is biased towards the insurance industry at the expense of consumers.
- The House Elections Committee considers legislation that addresses voter fraud that allegedly occurs through the mail. The bill would "make it a state jail felony to carry more than two ballots to the mailbox in any election cycle, with exceptions for family members and employees of state licensed nursing facilities."
- Texas House members are been told what the full impact of sequestration is likely to be on the state. Half of the cuts will affect public schools and the Texas Education Agency. In all, 13 state agencies will be affected. The total will be just short of $340 million according to the Legislative Budget Board.
Links to more:
- First Reading
- Texas Observer.
Committee meetings mostly. Click here for a list of committee hearings for the House, and here for Senate committee meetings.
- The DMN reports on a debate within the House Elections Committee about the low level of voter turnout in the state. There seems to be disagreement over whether it is a problem, and whether it is a consequence of suppression or of voter satisfaction. Texas ranks 45th in voter turnout.
- Quorum Report reports on debate in the Senate Health and Human Services Committee on debate over SB 7 and SB 8, both which deal with Medicaid - an increasingly large part of the state budget.
- The Senate may reject Eleanor Kitzman's recess appointment to the Texas Insurance Commission. Democrats argue that she is biased towards the insurance industry at the expense of consumers.
- The House Elections Committee considers legislation that addresses voter fraud that allegedly occurs through the mail. The bill would "make it a state jail felony to carry more than two ballots to the mailbox in any election cycle, with exceptions for family members and employees of state licensed nursing facilities."
- Texas House members are been told what the full impact of sequestration is likely to be on the state. Half of the cuts will affect public schools and the Texas Education Agency. In all, 13 state agencies will be affected. The total will be just short of $340 million according to the Legislative Budget Board.
Links to more:
- First Reading
- Texas Observer.
Study Guide questions for this week's look at the state executive
The Executive - Texas Constitutional Design
- What offices comprise the plural executive? Why are these specific powers divided?
- Which offices in the Texas executive are elected? Which ones are appointed? Again - why?
- Why is the Texas executive branch weak? What factors make it weak? What factors have made it stronger over time?
- What are the specific powers of the governor? What does the office have control over? What does powers does the governor share with other offices?
- What legislative powers does the governor have?
- What boards and commissions can the governor appoint members to? Which are appointed by other officials?
- What are the relative powers the governor has over the judicial branch?
- Be familiar with the nature of the governor's veto powers.
- What are the job descriptions of the other executive positions established in Article 4?
- What relationships exist between the elected executive positions? Does the governor have ant powers over them?
The Texas Bureaucracy
- What is a bureaucracy? What are the pros and cons of the bureaucracy?
- How much detail does the Texas Constitution provide for the Texas bureacracy?
- What is the source of bureaucratic power?
- What qualifications best explain why certain people are appointed to bureaucratic agencies?
- What best explains why certain people are appointed to bureaucratic positions?
- What problems does a professional bureaucracy pose for democracy?
- What problems are posed by a democratically responsive bureaucracy?
- What factors can best control the bureaucracy?
- What is the Sunset Review process?
- What is a captured agency? Why might interest groups be interested in the activities of a bureaucratic agency?
- Which groups are least likely to be able to control an executive agency?
- Which agencies does the governor have the most control over? Why?
- How much control does the governor - or any other person in an executive position - have over the bureaucracy?
- How large is the Texas bureaucracy? How many federal employees work in Texas? How many people work for the local bureaucracy?
- What relationship exists between the state bureaucracy and the national government? What leverage does the national government have over the state bureaucracy?
- What offices comprise the plural executive? Why are these specific powers divided?
- Which offices in the Texas executive are elected? Which ones are appointed? Again - why?
- Why is the Texas executive branch weak? What factors make it weak? What factors have made it stronger over time?
- What are the specific powers of the governor? What does the office have control over? What does powers does the governor share with other offices?
- What legislative powers does the governor have?
- What boards and commissions can the governor appoint members to? Which are appointed by other officials?
- What are the relative powers the governor has over the judicial branch?
- Be familiar with the nature of the governor's veto powers.
- What are the job descriptions of the other executive positions established in Article 4?
- What relationships exist between the elected executive positions? Does the governor have ant powers over them?
The Texas Bureaucracy
- What is a bureaucracy? What are the pros and cons of the bureaucracy?
- How much detail does the Texas Constitution provide for the Texas bureacracy?
- What is the source of bureaucratic power?
- What qualifications best explain why certain people are appointed to bureaucratic agencies?
- What best explains why certain people are appointed to bureaucratic positions?
- What problems does a professional bureaucracy pose for democracy?
- What problems are posed by a democratically responsive bureaucracy?
- What factors can best control the bureaucracy?
- What is the Sunset Review process?
- What is a captured agency? Why might interest groups be interested in the activities of a bureaucratic agency?
- Which groups are least likely to be able to control an executive agency?
- Which agencies does the governor have the most control over? Why?
- How much control does the governor - or any other person in an executive position - have over the bureaucracy?
- How large is the Texas bureaucracy? How many federal employees work in Texas? How many people work for the local bureaucracy?
- What relationship exists between the state bureaucracy and the national government? What leverage does the national government have over the state bureaucracy?
Study guide questions for this week's look at the Judiciary
Stuff to think about:
The Judiciary - Definition and Historical Background
- What court can potential resolve any judicial conflict in the United States?
- What is a trial? What is an appeal? What is adjudication?
- What is the power of judicial review and why does it matter?
- Be familiar with the concept of common law and its origins.
- Be familiar with the concept of due process and its origins.
- What does due process attempt to accomplish? What is its purpose?
- How did British monarchs attempt to control the judicial process? Why might this be a problem?
- Be familiar with the issues associated with the Star Chamber.
- What impact did Magna Carta and the British Bill of Rights have on courts and court proceedings in Britain, and later the US?
- What grievances regarding the judiciary did the colonists detail in the Declaration of Independence?
- What is stare decisis and precedence? What do they tell us about court procedures?
- What makes the US Judiciary significantly different than the other branches on the national level?
- Why is an independent judiciary argued to be necessary? How is an independent judiciary established?
- What are public attitudes about the judiciary as opposed to the other branches?
- What checks does the judiciary have on the other branches? How is it checked by the other branches?
- What types of laws exist in the US and which take precedence over the others? Why?
The US Judiciary - Constitutional Design
- Be familiar with the content of each of the sections in Article 3.
- What special relationship does the judiciary have with the legislature? the executive?
- How do federal judges get their jobs? Why? What connection do they have with the electorate?
- How political is the federal judiciary?
- How long do federal judges and justices hold their offices? Why?
- What is standing? What does this concept tell us about the jurisdiction of the courts?
- What does Article 3 tell us about trial?
- What features of Article 3 are intended to make the judiciary independent from the other branches?
- Why is so much attention given to treason in Article 3?
- Why was it decided, by members of the constitutional convention, to establish a national judiciary?
- Why does the court have its current shape? Why are there nine people on the Supreme Court? Who makes those decisions and why?
- What is Law? What is Equity?
- Who sets the agenda of the courts?
Judicial Review and the Supreme Court
- What is judicial review. Which institution has it and why?
- Why did Hamilton argue that judicial review was necessary? Why were the framers of the Constitution unwilling to give the power to any institution in the original document?
- Be familiar with the issues associated with Marbury v Madison.
- Why is constitutional law held to be superior to statutory law?
- What arguments exist over how the Constitution ought to be interpreted? What different techniques exist?
- How might a loose interpretation of the Constitution lead to the discovery of rights that one with the strict interpretation would not recognize? How was the discovery of some rights justified?
- What limits ought to exist on the power of judicial review? What is judicial activism and judicial restraint?
- How does judicial review allow interest groups to use the courts to challenge statutory law? Be able to answer questions about famous test cases.
- What impact does judicial review have on the power of the courts?
- What did Hamilton say about the strength of the court?
- What is the current composition of the Supreme Court? What is the ideological breakdown of members of the court?
The Judiciary - Definition and Historical Background
- What court can potential resolve any judicial conflict in the United States?
- What is a trial? What is an appeal? What is adjudication?
- What is the power of judicial review and why does it matter?
- Be familiar with the concept of common law and its origins.
- Be familiar with the concept of due process and its origins.
- What does due process attempt to accomplish? What is its purpose?
- How did British monarchs attempt to control the judicial process? Why might this be a problem?
- Be familiar with the issues associated with the Star Chamber.
- What impact did Magna Carta and the British Bill of Rights have on courts and court proceedings in Britain, and later the US?
- What grievances regarding the judiciary did the colonists detail in the Declaration of Independence?
- What is stare decisis and precedence? What do they tell us about court procedures?
- What makes the US Judiciary significantly different than the other branches on the national level?
- Why is an independent judiciary argued to be necessary? How is an independent judiciary established?
- What are public attitudes about the judiciary as opposed to the other branches?
- What checks does the judiciary have on the other branches? How is it checked by the other branches?
- What types of laws exist in the US and which take precedence over the others? Why?
The US Judiciary - Constitutional Design
- Be familiar with the content of each of the sections in Article 3.
- What special relationship does the judiciary have with the legislature? the executive?
- How do federal judges get their jobs? Why? What connection do they have with the electorate?
- How political is the federal judiciary?
- How long do federal judges and justices hold their offices? Why?
- What is standing? What does this concept tell us about the jurisdiction of the courts?
- What does Article 3 tell us about trial?
- What features of Article 3 are intended to make the judiciary independent from the other branches?
- Why is so much attention given to treason in Article 3?
- Why was it decided, by members of the constitutional convention, to establish a national judiciary?
- Why does the court have its current shape? Why are there nine people on the Supreme Court? Who makes those decisions and why?
- What is Law? What is Equity?
- Who sets the agenda of the courts?
Judicial Review and the Supreme Court
- What is judicial review. Which institution has it and why?
- Why did Hamilton argue that judicial review was necessary? Why were the framers of the Constitution unwilling to give the power to any institution in the original document?
- Be familiar with the issues associated with Marbury v Madison.
- Why is constitutional law held to be superior to statutory law?
- What arguments exist over how the Constitution ought to be interpreted? What different techniques exist?
- How might a loose interpretation of the Constitution lead to the discovery of rights that one with the strict interpretation would not recognize? How was the discovery of some rights justified?
- What limits ought to exist on the power of judicial review? What is judicial activism and judicial restraint?
- How does judicial review allow interest groups to use the courts to challenge statutory law? Be able to answer questions about famous test cases.
- What impact does judicial review have on the power of the courts?
- What did Hamilton say about the strength of the court?
- What is the current composition of the Supreme Court? What is the ideological breakdown of members of the court?
From the NYT: Who Will Mind the Drones?
A terrific op-ed from the NYT.
We've been discussing expanded executive power, and especially the increased power of the president in his role as commander-in-chief. Part of this concerned claims that the president has broad authority over launching cyber attacks, and some concerned the president's ability to direct droe attacks. These are generally done without external checks. presidents tend to claim that doing so - in any situation - violates their commander-in-chief powers, but since some of these have been launched against American citizens who seem to have sided against the US.
This raises questions about due process.
A former solicitor general for the Bush Administration looks critically at the idea that a drone court in the judiciary should be set up to provide that check on the executive. He does not think this is a good idea:
He argues that a national security court - contained within the executive branch - is preferable:
Of course this does not provide a check in the way that the authors of the Constitution envisioned it, but it does reiterate the idea that the president has special powers - and a good deal of discretion - when it comes to military affairs.
We've been discussing expanded executive power, and especially the increased power of the president in his role as commander-in-chief. Part of this concerned claims that the president has broad authority over launching cyber attacks, and some concerned the president's ability to direct droe attacks. These are generally done without external checks. presidents tend to claim that doing so - in any situation - violates their commander-in-chief powers, but since some of these have been launched against American citizens who seem to have sided against the US.
This raises questions about due process.
A former solicitor general for the Bush Administration looks critically at the idea that a drone court in the judiciary should be set up to provide that check on the executive. He does not think this is a good idea:
There are many reasons a drone court composed of generalist federal judges will not work. They lack national security expertise, they are not accustomed to ruling on lightning-fast timetables, they are used to being in absolute control, their primary work is on domestic matters and they usually rule on matters after the fact, not beforehand.
He argues that a national security court - contained within the executive branch - is preferable:
Imagine instead that the president had an internal court, staffed by expert lawyers to represent both sides. Those lawyers, like the Judge Advocate General’s Corps in the military, would switch sides every few years, to develop both expertise as repeat players and the ability to understand the other point of view.
The adjudicator would be a panel of the president’s most senior national security advisers, who would issue decisions in writing if at all possible. Those decisions would later be given to the Congressional intelligence committees for review. Crucially, the president would be able to overrule this court, and take whatever action he thought appropriate, but would have to explain himself afterward to Congress.
Such a court would embed accountability and expertise into the drone program. With a federal drone court, it would simply be too easy for a president or other executive-branch official to point his finger at a federal judge for the failure to act. With an internal court, it would be impossible to avoid blame.
Of course this does not provide a check in the way that the authors of the Constitution envisioned it, but it does reiterate the idea that the president has special powers - and a good deal of discretion - when it comes to military affairs.
Random items on the federal courts
- From NPR: The Supreme Court heard arguments in a case that asked if it was unconstitutional for police to take a DNA swab without a warrant. Does this allow for the types of general searches the 4th amendment was written to prevent?
- From ScotusBlog: A preview of the upcoming argument before the Supreme Court regarding the pre-clearance requirement in the Voting Rights Act. There has been a growing argument that pre-clreance is no longer necessary.
- From the Washington Post: The Supreme Court declined to hear a case challenging bans on allowing corporations to make direct contributions to federal candidates. This means the existing rule stands because not enough justices believes there is a sufficient case that is is unconstitutional.
- From the Washington Post: The Supreme Court will consider a challange on limits to the total amount a person can contribute to" candidates, political parties and political action committees."
- From the San Antonio Express: A federal prosecutor was called out by two Supreme Court Justices for making "racially charged comments" when croww examining an African-American defendant in a trial: “You've got African Americans, you've got Hispanics, you've got a bag full of money. Does that tell you — a light bulb doesn't go off in your head and say, 'This is a drug deal?'”
- From MSNBC: The White House issued a legal brief supporting the argument that portions of the Defense of Marriage Act violate the Constitution.
- From the NYT: A group of prominent Republicans have done the same, but in support of the law suit arguing that the California ballot initiative banning same sex marriage is an unconstitutional violation of the equal protection clause.
This is enough for now.
- From ScotusBlog: A preview of the upcoming argument before the Supreme Court regarding the pre-clearance requirement in the Voting Rights Act. There has been a growing argument that pre-clreance is no longer necessary.
- From the Washington Post: The Supreme Court declined to hear a case challenging bans on allowing corporations to make direct contributions to federal candidates. This means the existing rule stands because not enough justices believes there is a sufficient case that is is unconstitutional.
- From the Washington Post: The Supreme Court will consider a challange on limits to the total amount a person can contribute to" candidates, political parties and political action committees."
- From the San Antonio Express: A federal prosecutor was called out by two Supreme Court Justices for making "racially charged comments" when croww examining an African-American defendant in a trial: “You've got African Americans, you've got Hispanics, you've got a bag full of money. Does that tell you — a light bulb doesn't go off in your head and say, 'This is a drug deal?'”
- From MSNBC: The White House issued a legal brief supporting the argument that portions of the Defense of Marriage Act violate the Constitution.
- From the NYT: A group of prominent Republicans have done the same, but in support of the law suit arguing that the California ballot initiative banning same sex marriage is an unconstitutional violation of the equal protection clause.
This is enough for now.
Sunday, February 24, 2013
Where we are right now in GOVT 2306 - 2/24/13
This week we turn to the executive branch and look through Article 4 of the Texas Constitution, and the Texas Bureaucracy. We also take a small look at local executive branches, but will only look at the executive structure of Alvin's city government.
The Executive: Texas Constitutional Design
I can't promise that Article 4 will be as exciting as Article 3, but it is important to wade through the part of the constitution that outlines the powers of the Texas executive. This will give use some detail about the precise nature of the plural executive in the state. As with Article 3, we will walk through the language in the Article 4 and discuss issues associated with each section.
The Texas Bureaucracy
Here we look more specifically at the specific agencies and personnel who do the actual work associated with implementing the law. Most of the content in Article 4 concerns the people on the top of these different agencies - those elected and appointed to oversee the implementation of the law. Here we look at the workforce of the state of Texas and issues associated with the bureaucracy.
Local Executives
This section is about to be launched, but there will be no assessment questions associated with it. A set of powerpoints will be posted that will provide an overview of the executive branch in Alvin. At soem point down the road, other will be posted with detail on those of Manvel, Pearland and Houston.
The Executive: Texas Constitutional Design
I can't promise that Article 4 will be as exciting as Article 3, but it is important to wade through the part of the constitution that outlines the powers of the Texas executive. This will give use some detail about the precise nature of the plural executive in the state. As with Article 3, we will walk through the language in the Article 4 and discuss issues associated with each section.
The Texas Bureaucracy
Here we look more specifically at the specific agencies and personnel who do the actual work associated with implementing the law. Most of the content in Article 4 concerns the people on the top of these different agencies - those elected and appointed to oversee the implementation of the law. Here we look at the workforce of the state of Texas and issues associated with the bureaucracy.
Local Executives
This section is about to be launched, but there will be no assessment questions associated with it. A set of powerpoints will be posted that will provide an overview of the executive branch in Alvin. At soem point down the road, other will be posted with detail on those of Manvel, Pearland and Houston.
Where we are right now in GOVT 2305 - 2/24/13
This week we begin our look at the judiciary and follow the same format we used to look at both the legislative and executive branches.
The Judiciary - Definition and Historical Background
We begin by looking at what the term "judiciary" means and noting a handful of facts about the judicial branch. As with the previous sections, this is to give us some context that should allow for the rest of this week's material to make more sense. At its simplest, the judiciary provides a place where disputes can be reconciled. The judiciary adjudicates disputes. These disputes can involve a variety of things. They can involve a question of guilt or of procedure, or of a violation of criminal law or a civil dispute, or of a violation of national law or state law.
The historical look at the judiciary makes the same point as the similar section that covered the legislature - the development of an independent judiciary separate from the executive branch. As we know, at one point the executive (the monarch) performed all governing functions. Control over the courts was a mechanism for controlling the kingdom, but the British Bill of Rights criticizes past monarchs for controlling the courts and establishes the principle of judicial independence. One of the grievances in the Declaration of Independence was that this principle had been violated and the king was making judges dependent on him for their offices, which meant that the executive controlled the judiciary, which violates the principle of separated powers.
The historical look at the judiciary also outlines - very briefly - the development of common law. Definitions of common law vary, but it can be understood as the codification of the individual decisions made judges in similar types of disputes. This provides the basis of legal decision making to this day. And the historical look at the judicial branch also looks at the gradual development of due process, the idea that court procedures have to follow a specific process in order to best ensure that justice is served. Looking at each of these helps us appreciate the role of precedence in judicial processes.
This sets us up for a look at Article 3 of the US Constitution.
The US Judiciary - Constitutional Design
Here we simply walk through the Article 3 of the US Constitution and note its content, and its brevity. It is very short and makes no mention of the court's principle power - judicial review. We will discuss the reasons why. The section walks through the basic design of the federal judiciary and how it overlays the state courts. We will look more thoroughly at the nomination and confirmation process and the pros and cons of life-time service for justices.
As with the previous sections - we will try to tie in the language in this section with the history covered in the previous sections.
Judicial Review and the Supreme Court
In this final section we look at the principal power held by the federal courts - the power of judicial review. We also look at how it is applied over time. But the major story will be how it was acquired by the court and how this reflects the political nature of the court - this despite the fact that the court, since judges and justices are appointed and serve for life - are supposed to be removed from politics. We look at the factors involved in establishing the power of judicial review and how the use of the power changes depending on the specific composition of the court.
Since judges serve for life, the federal courts - and the Supreme Court specifically - are composed of people who have been appointed by a variety of presidents going back some time. Each is a type of time capsule reflecting the politics that existed at the time of the appointment. Since the composition of the court changes slowly over time, the tendency of the courts to apply judicial review to particular cases changes as well. We will try to come to terms with the nature of these changes since it a key component of the checks and balances.
Good luck.
The Judiciary - Definition and Historical Background
We begin by looking at what the term "judiciary" means and noting a handful of facts about the judicial branch. As with the previous sections, this is to give us some context that should allow for the rest of this week's material to make more sense. At its simplest, the judiciary provides a place where disputes can be reconciled. The judiciary adjudicates disputes. These disputes can involve a variety of things. They can involve a question of guilt or of procedure, or of a violation of criminal law or a civil dispute, or of a violation of national law or state law.
The historical look at the judiciary makes the same point as the similar section that covered the legislature - the development of an independent judiciary separate from the executive branch. As we know, at one point the executive (the monarch) performed all governing functions. Control over the courts was a mechanism for controlling the kingdom, but the British Bill of Rights criticizes past monarchs for controlling the courts and establishes the principle of judicial independence. One of the grievances in the Declaration of Independence was that this principle had been violated and the king was making judges dependent on him for their offices, which meant that the executive controlled the judiciary, which violates the principle of separated powers.
The historical look at the judiciary also outlines - very briefly - the development of common law. Definitions of common law vary, but it can be understood as the codification of the individual decisions made judges in similar types of disputes. This provides the basis of legal decision making to this day. And the historical look at the judicial branch also looks at the gradual development of due process, the idea that court procedures have to follow a specific process in order to best ensure that justice is served. Looking at each of these helps us appreciate the role of precedence in judicial processes.
This sets us up for a look at Article 3 of the US Constitution.
The US Judiciary - Constitutional Design
Here we simply walk through the Article 3 of the US Constitution and note its content, and its brevity. It is very short and makes no mention of the court's principle power - judicial review. We will discuss the reasons why. The section walks through the basic design of the federal judiciary and how it overlays the state courts. We will look more thoroughly at the nomination and confirmation process and the pros and cons of life-time service for justices.
As with the previous sections - we will try to tie in the language in this section with the history covered in the previous sections.
Judicial Review and the Supreme Court
In this final section we look at the principal power held by the federal courts - the power of judicial review. We also look at how it is applied over time. But the major story will be how it was acquired by the court and how this reflects the political nature of the court - this despite the fact that the court, since judges and justices are appointed and serve for life - are supposed to be removed from politics. We look at the factors involved in establishing the power of judicial review and how the use of the power changes depending on the specific composition of the court.
Since judges serve for life, the federal courts - and the Supreme Court specifically - are composed of people who have been appointed by a variety of presidents going back some time. Each is a type of time capsule reflecting the politics that existed at the time of the appointment. Since the composition of the court changes slowly over time, the tendency of the courts to apply judicial review to particular cases changes as well. We will try to come to terms with the nature of these changes since it a key component of the checks and balances.
Good luck.
Friday, February 22, 2013
Possible compromise on Medicaid expansion in Texas?
The Texas Tribune reports that while arguments about expanding Medicaid "confound" conservatives, two legislators think it might happen if the federal government is willing to deal:
In a statement on Wednesday, Gov. Rick Perry reiterated his stance on the expansion, saying it would be “irresponsible to add more Texans and dump more taxpayer dollars into an unsustainable system.”
State Sen. Jane Nelson, R-Flower Mound, has a slightly softer stance.
“I’m opposed to any expansion of Medicaid that doesn’t give Texas the flexibility that we want,” said Nelson, chairwoman of the Senate Health and Human Services Committee.
She remains a fierce critic of federal health care reform. “But if we could design a program that we could live with, I would suggest we take it to the federal government and say, you know, consider this,” she said.
Florida asked for and received a waiver to run its program a little differently, meaning Texas could also likely negotiate an expansion.
What would Texas want out of those negotiations? It could be getting Medicaid money sent in a block grant that the state would use as it chooses. The federal government has so far not been interested in allowing that approach.
Nelson says block grants aren’t a requirement and that there are other ways Texas could tailor its
expansion.
“Co-pays, for example, to make sure people have some skin in the game,” she said. “Making sure that our emergency rooms get unclogged. There are a lot of things.”
State Rep. Garnet Coleman, D-Houston, says he’s working with House colleagues to figure out a compromise.
He says co-pays could work, as long as the people in Medicaid now — the very poor, the elderly and children — don’t have to pay for a doctor’s visit in the future. But he points out that whatever program is offered to Washington will need to pass muster with Texas conservatives.
“It has to be put together in such a way that the majority of this Legislature is satisfied that there are enough conservative principles in the expansion so that they satisfy their constituents,” Coleman said.
Weekly Assignment #7
For all sections and classes: I want you to send me your proposed topic for the 1000 word essay. I suggest you reread your syllabus and think it through carefully. For 2305 and 2306, I don;t want a book report. Find an aspect of the book's content that ties into the class' subject matter and run with it.
I'll help you clarify the topic once I receive your work.
I'll help you clarify the topic once I receive your work.
Thursday, February 21, 2013
From the Fiscal Times: Why Obama's Pitch for Government Reform Hit a Wall
A common story told about presidents is that they think they have a greater ability to reform the bureaucracy than they in fact do. Bureaucratic agencies have a tremendous ability to preserve themselves partially because they have supporters in the legislatures and among powerful interest groups. Still, presidents make the attempt from time to time to change how they operate.
Here is a negative appraisal of Obama's attempt to do so.
Here is a negative appraisal of Obama's attempt to do so.
The latest ideological ratings of Congress
The National Journal uses votes in the 2012 Congress to rank state congressional delegations according to ideology. You can find the entire results for the Senate here. Click here for the results for the House. Perhaps the most important part of the study is the votes on the specific bills used to determine who the liberals and conservatives are. Click here for the list. This takes the abstract ideological positions of "liberal" and "conservative" and makes them more concrete. It gives them some context.
Here's a map showing which state delegations are liberal, centrist, or conservative. Texas has the 13th most conservative state delegation.
Here's a map showing which state delegations are liberal, centrist, or conservative. Texas has the 13th most conservative state delegation.
A few items on the Texas Legislature's agenda
As of 2/21/13:
- Lawmakers are considering laws related to self-driving cars.
- A bill has been filed to curb micromanagement of universities by their boards of regents.
- Straus and Dewhurst renew a committee to "investigate the appropriate role and behavior of university system regents."
- Governor Perry still rejects expanding Medicaid.
- Lawmakers are considering laws related to self-driving cars.
- A bill has been filed to curb micromanagement of universities by their boards of regents.
- Straus and Dewhurst renew a committee to "investigate the appropriate role and behavior of university system regents."
- Governor Perry still rejects expanding Medicaid.
Does the freedom of speech imply a related right to offend?
Here's debate back and forth on that subject.
Random items on the federal bureaucracy
For this week's look at the federal executive:
- The looming sequester - which will lead to across the board cuts to federal spending - will affect the federal work force in a variety of ways including furloughs and pay cuts. Here's detail on how it will affect the U.S. Customs and Border Protection (wikipedia), and here's some regarding the National Parks Service (wikipedia). As commentary, I'd anticipate additional stories regarding cuts that will affect things that people tend to like that government does. in the mid 1990's when the federal government was forced to shut down following a budgetary battle opinions about the need for these services shifted dramatically from con to pro. There may be anticipation that something similar will happen again.
- The Centers for Disease Control and Prevention (wikipedia) continue to research childhood obesity and recently released evidence that kids are consuming fewer calories now than they have a decade ago.
- The Obama Administration - and more precisely the Department of Health and Human Services - issued rules requiring health insurance plans to cover mental health care as well as behavioral disorder like drug and alcohol abuse. These fall under the authority established in the Affordable Health Care Act. You'll note information in the slides about the rule making process, we don't cover it in-depth in class, but here's an example of it in action.
- The Federal Communications Commission (wikipedia) is proposing rules that would open additional high-frequency airwaves for use by wireless devices. These rules are needed to allow the commission to catch up with the increased number of devices that are produced and purchased and the increased burdens they impose on the existing spectrum.The FCC is one of a handful of agencies that are commonly accused of being "captured" by the industry they supposed to regulate. With that in mind, it might be useful to consider how these proposed rules benefit the wireless industry, and what process drove the FCC to consider these specific rules.This is brief, but it mentions rule-making and agency capture so it should make some of this week's material more tangible.
The revolving door in the financial sector
For our look at the bureaucracy today.
An ongoing complaint about bureaucratic agencies - especially regulatory agencies - is that they are often staffed with individuals who have a background in the industry being regulated. This has the advantage of using people who have an understanding of the industry, and know where the bodies are buried, but it also creates an opportunity for a conflict of interest.
The appointees might be sympathetic towards the industry and not be overly harsh in its regulations. They also might expect to reenter the private side of the industry when their terms are up, so they want to keep their employment prospects open. No one will hire them if they are seen as enemies.
Here's the latest salvo on this front. It involves a recent Obama nominee:
This is highly recommended reading.
An ongoing complaint about bureaucratic agencies - especially regulatory agencies - is that they are often staffed with individuals who have a background in the industry being regulated. This has the advantage of using people who have an understanding of the industry, and know where the bodies are buried, but it also creates an opportunity for a conflict of interest.
The appointees might be sympathetic towards the industry and not be overly harsh in its regulations. They also might expect to reenter the private side of the industry when their terms are up, so they want to keep their employment prospects open. No one will hire them if they are seen as enemies.
Here's the latest salvo on this front. It involves a recent Obama nominee:
Obsess all you’d like about President Obama’s nomination of Mary Jo White to head the Securities and Exchange Commission. Who heads the agency is vital, but important fights in Washington are happening in quiet rooms, away from the media gaze.
After a widely praised stint as a tough United States attorney, Ms. White spent the last decade serving so many large banks and investment houses that by the time she finishes recusing herself from regulatory matters, she may be down to overseeing First Wauwatosa Securities.
Ms. White maintains she can run the S.E.C. without fear or favor. But the focus shouldn’t be limited to whether she can be effective. For lobbyists, the real targets are regulators and staff members for lawmakers.
Ms. White, at least, will have to sit for Congressional testimony, answer occasional questions from the media and fill out disclosure forms. Staff members, however, work in untroubled anonymity for the most part. So, while everyone knows there’s a revolving door — so naïve to even bring it up! — few realize just how fluidly it spins.
This is highly recommended reading.
The Voting Rights Act to be challenged before the Supreme Court next week
The case is Shelby County v. Holder. The NYT has detail on it, the specific question posed is whether the requirements that certain jurisdiction - including Texas - should have any changes in their voting laws pre-cleared by federal judges before they take effect. They were once necessary to ensure that discriminatory laws were not used to limit minority voting strength. Are these still necessary? Expect fireworks.
- Commentary from Linda Greenhouse here.
- Commentary from Linda Greenhouse here.
Florida to expand Medicaid
From the NYT:
He was apparently heavily lobbied by Florida hospitals who did not want to leave billions in federal funds on the table. Similar lobbying is happening in Texas. Might this indictate that Texas could possibly also participate in the expansion?
Gov. Rick Scott of Florida reversed himself on Wednesday and announced that he would expand his state’s Medicaid program to cover the poor, becoming the latest — and, perhaps, most prominent — Republican critic of President Obama’s health care law to decide to put it into effect.
It was an about-face for Mr. Scott, a former businessman who entered politics as a critic of Mr. Obama’s health care proposals. Florida was one of the states that sued to try to block the law. After the Supreme Court ruled last year that though the law was constitutional, states could choose not to expand their Medicaid programs to cover the poor, Mr. Scott said that Florida would not expand its programs.
Mr. Scott said Wednesday that he now supported a three-year expansion of Medicaid, through the period that the federal government has agreed to pay the full cost of the expansion, and before some of the costs are shifted to the states
He was apparently heavily lobbied by Florida hospitals who did not want to leave billions in federal funds on the table. Similar lobbying is happening in Texas. Might this indictate that Texas could possibly also participate in the expansion?
From Foreign Affairs: Capitalism and Inequality
Here's a great look at a problem posed by capitalist economies - one noted elsewhere. They not only lead to inequality, but increased inequality creates the instability that can upend those economies:
Inequality is indeed increasing almost everywhere in the postindustrial capitalist world. But despite what many on the left think, this is not the result of politics, nor is politics likely to reverse it, for the problem is more deeply rooted and intractable than generally recognized. Inequality is an inevitable product of capitalist activity, and expanding equality of opportunity only increases it -- because some individuals and communities are simply better able than others to exploit the opportunities for development and advancement that capitalism affords. Despite what many on the right think, however, this is a problem for everybody, not just those who are doing poorly or those who are ideologically committed to egalitarianism -- because if left unaddressed, rising inequality and economic insecurity can erode social order and generate a populist backlash against the capitalist system at large.
Interview with Stanley McChrystal
I just heard a strong recommendation for this interview with the retired general regarding counter-terrorism policy among other things.
Worth thinking about prior to looking at foreign policymaking later this semester.
- Wikipedia: Stanley McChrystal.
- Daily Show segment featuring the general.
Worth thinking about prior to looking at foreign policymaking later this semester.
- Wikipedia: Stanley McChrystal.
- Daily Show segment featuring the general.
Opinions on policies matter based on who does it
It turns out that our opinions on policies have less to do with the policy itself than who supports it.
Here's a report on a study that points out that self described liberals are more likely to to support targeted killings if Obama does it. Presumably conservatives are less likely to support them as a results.
This is not a surprising result, and may well fit theories that suggest people defer opinions on some issues where they may be conflicted to opinion leaders they either trust, or feel favorably towards. I also don't think that the Madison who wrote Fed 10 wouls have found this surprising either.
Here's a report on a study that points out that self described liberals are more likely to to support targeted killings if Obama does it. Presumably conservatives are less likely to support them as a results.
This is not a surprising result, and may well fit theories that suggest people defer opinions on some issues where they may be conflicted to opinion leaders they either trust, or feel favorably towards. I also don't think that the Madison who wrote Fed 10 wouls have found this surprising either.
Wednesday, February 20, 2013
Speaking of photographs . . .
Here's the back story of this iconic image from the Vietnam War. It won the photographer a Pulitzer Prize, ruined the career of the general who fired the shot, and helped turn public opinion against the war. It also encouraged the military to rethink how much freedom to grant journalists in war zone. This lead to the decision to "embed" journalists with battalions in recent conflicts.
Photographers rights
A recurring story. Yes you have the right to photograph and record the police, but enforcing this right can sometimes be difficult.
The last I checked, there was little precedence in the courts for defending the rights of photographers. So these laws are not enforced necessarily.
Not only does the law set forth guidelines about where and what one may photograph, but it also addresses how police are expected to conducted themselves when handling incidents that involve photography.
•Police cannot confiscate your camera or memory card or demand access to your photographs without a warrant. Even if you are arrested for trespassing, as in the above example, your photographs are to remain your property.
•Under no circumstances are police lawfully permitted to delete the contents of a camera or memory card. The 4th Amendment of the United States Constitution regards this act as destruction of evidence and expressly forbids it.
•Police may command any individual to cease any activity that is legitimately interfering with sanctioned law enforcement procedures. The potential problem here relates to very loose interpretations of what “legitimate interference” is and isn’t. As public officials, police conduct is subject to scrutiny; sometimes that scrutiny takes the form of being photographed by citizens. Regardless of how much a police officer may resent being photographed, it is the right of the individual to do so as long as you do not break any other laws in the process.
The last I checked, there was little precedence in the courts for defending the rights of photographers. So these laws are not enforced necessarily.
Northernomics vs Southernomics
More from Michael Lind - who wrote the story about the distinctiveness of the South below. This is also a bit harsh on the South, but it fits themes we will discuss soon enough when we talk about the development of political parties and economic policymaking. His principal contribution for us is his description of the difference between northern and southern attitudes about how to develop economies, and the degree to which prosperity ought to be spread evenly throughout the population:
This also fits the story about political culture told in 2306 about the traditional culture in the South as opposed to the moral culture in the North.
Northernomics is the high-road strategy of building a flourishing national economy by means of government-business cooperation and government investment in R&D, infrastructure and education. Although this program of Hamiltonianism (named after Washington’s first Treasury secretary, Alexander Hamilton) has been championed by maverick Southerners as prominent as George Washington, Henry Clay and Abraham Lincoln (born in Kentucky to a Southern family), the building of a modern, high-tech, high-wage economy has been supported chiefly by political parties based in New England and the Midwest, from the Federalists and the Whigs through the Lincoln Republicans and today’s Northern Democrats.
Southernomics is radically different. The purpose of the age-old economic development strategy of the Southern states has never been to allow them to compete with other states or countries on the basis of superior innovation or living standards. Instead, for generations Southern economic policymakers have sought to secure a lucrative second-tier role for the South in the national and world economies, as a supplier of commodities like cotton and oil and gas and a source of cheap labor for footloose corporations. This strategy of specializing in commodities and cheap labor is intended to enrich the Southern oligarchy. It doesn’t enrich the majority of Southerners, white, black or brown, but it is not intended to.
This also fits the story about political culture told in 2306 about the traditional culture in the South as opposed to the moral culture in the North.
Will the sequester slow oil and gas drilling?
Texans on the Potomac reports that the across the board cuts mandated by the sequester will impact the Interior Department's ability to process drilling leases on public lands. Will this persuade the energy sector to get involved to stop the sequester?:
Oil and gas leasing programs are among the initiatives that could get slashed if Congress doesn’t stop automatic spending cuts set to begin March 1, a top congressional Democrat warned today.
The warning from Rep. Ed Markey, D-Mass. came as the Obama administration stepped up pressure on lawmakers to agree to a deal to avert the across-the-board spending cuts. Flanked by firefighters and other emergency responders at the White House on Tuesday morning, President Barack Obama appealed to Congress to pass a short-term fix, lest the cuts jeopardize “investments in education, health care and national defense.”
But those aren’t the only investments and programs at risk, Markey suggests. An 8.2 percent spending cut at the Interior Department would translate to fewer offshore drilling inspectors and fewer onshore drilling leases, Markey said. Permitting of oil and gas projects on public lands and waters also could slow down, Markey speculated.
“Republicans say they want to drill, baby, drill,” Markey said, invoking the GOP chant that caught on after oil price spikes in 2008. “Yet by letting the sequester go forward, Republicans in Congress will put the brakes on oil and gas development on public lands in America and reduce our ability to protect against another offshore drilling disaster.”
Sequester Week Begins
I've postponed providing links to info on the sequester, but as we wade into the legislative and executive branches and are approaching a look at economic policy and the budgetary process, its time to look at it - plus, the cuts which had been extended a few weeks back are set to start happening very soon.
For definitional purposes - when used as a noun "sequester" means "a general cut in government spending."
Click here and here for general background. The story begins in 2011 when some in Congress began expressing concern over the large deficits that began following the crash in 2008. Conflict emerged between those who wanted to deal with the deficit immediately (and then debated among themselves about whether this is best done by cutting spending or raising taxes) and those who believed that the cuts were premature and should be delayed until after the economy stabilized. Supporters of immediate spending cuts threatened to not raise the debt ceiling - among other demands - unless the cuts were made. This conflict ultimately led to the US's credit rating being downgraded by one of the agencies that does this sort of thing. The debt ceiling was ultimately raised in the Budget Control Act which established a committee that would develop a proposal for dealing with the deficit, and established that in the event that the committee could not do so - or the committee's proposal was not adopted, across the board cuts would be made to the federal budget. This is the sequester. Since the committee's proposals were not adopted - the cuts are now set to be made. That is what is going to occur on March 1st. So this is the culmination (unless an extension is made) of a process going back almost two years.
Hopefully this is an adequate summary. Here are random stories dealing with the economics and politics of the current dispute.
- Here is National Journal's look at the politics of the deficit battle.
- This Washington Post article links to four separate studies that point out where the cuts will fall and how many jobs are likely to be lost due to them. They pick up over time and affect mostly discretionary spending. Texas stands to lose a significant amount if defense spending in the state is cut.
- The two men responsible for creating the original deficit reduction proposal have released a second version.
- Politico reports that members of Congress - of both parties - are working to ensure that whatever cuts happen do not happen in their districts. This points out one of the major problems associated with cutting spending. It is not an abstract exercise. At some point the cuts impact real people and real programs. This provides political support to stop the cuts - which makes deficit reduction just that more difficult.
- The NYT explains how the cuts are likely to happen. They won't all be at once, so they won't all be felt immediately.
- A conservative Republican is concerned that excessive focus on spending cuts right now will hamper economic growth, and that the best way to deal with the deficit is to focus primarily on growing the economy.
- In a twist, here's an argument that the economy is improving - albeit slowly - and the deficit is shrinking. So there is no need to worry excesively about the debt. The primary economic problem is "long-term unemployment, stagnant wages, [and] a slow-to-recover housing sector," not the deficit. Fix those first and the deficit fixes itself.
Expect more as the deadline approaches.
For definitional purposes - when used as a noun "sequester" means "a general cut in government spending."
Click here and here for general background. The story begins in 2011 when some in Congress began expressing concern over the large deficits that began following the crash in 2008. Conflict emerged between those who wanted to deal with the deficit immediately (and then debated among themselves about whether this is best done by cutting spending or raising taxes) and those who believed that the cuts were premature and should be delayed until after the economy stabilized. Supporters of immediate spending cuts threatened to not raise the debt ceiling - among other demands - unless the cuts were made. This conflict ultimately led to the US's credit rating being downgraded by one of the agencies that does this sort of thing. The debt ceiling was ultimately raised in the Budget Control Act which established a committee that would develop a proposal for dealing with the deficit, and established that in the event that the committee could not do so - or the committee's proposal was not adopted, across the board cuts would be made to the federal budget. This is the sequester. Since the committee's proposals were not adopted - the cuts are now set to be made. That is what is going to occur on March 1st. So this is the culmination (unless an extension is made) of a process going back almost two years.
Hopefully this is an adequate summary. Here are random stories dealing with the economics and politics of the current dispute.
- Here is National Journal's look at the politics of the deficit battle.
- This Washington Post article links to four separate studies that point out where the cuts will fall and how many jobs are likely to be lost due to them. They pick up over time and affect mostly discretionary spending. Texas stands to lose a significant amount if defense spending in the state is cut.
- The two men responsible for creating the original deficit reduction proposal have released a second version.
- Politico reports that members of Congress - of both parties - are working to ensure that whatever cuts happen do not happen in their districts. This points out one of the major problems associated with cutting spending. It is not an abstract exercise. At some point the cuts impact real people and real programs. This provides political support to stop the cuts - which makes deficit reduction just that more difficult.
- The NYT explains how the cuts are likely to happen. They won't all be at once, so they won't all be felt immediately.
- A conservative Republican is concerned that excessive focus on spending cuts right now will hamper economic growth, and that the best way to deal with the deficit is to focus primarily on growing the economy.
- In a twist, here's an argument that the economy is improving - albeit slowly - and the deficit is shrinking. So there is no need to worry excesively about the debt. The primary economic problem is "long-term unemployment, stagnant wages, [and] a slow-to-recover housing sector," not the deficit. Fix those first and the deficit fixes itself.
Expect more as the deadline approaches.
Tuesday, February 19, 2013
It could be worse
The US Congress isn't the only dysfunctional legislative institution:
What began as a routine Homeowners Association meeting turned into something resembling a WWE wrestling brawl on Sunday at The Springs Country Club in Rancho Mirage.Homeowners Association belong in their own weird category.
According to Riverside County Sheriff’s Deputy Myling Bordeau, at about 4 p.m., deputies responded to numerous calls regarding a fight at The Springs’ clubhouse at 75 Columbia Drive.
The brouhaha erupted after the results of the board member election were announced, Bordeau said.
“Some people were upset that a certain person won and began yelling at him and pushing him,” Bordeau said.
The yelling and pushing quickly escalated to chair throwing, fist fighting and tackling.
A club security guard pulled his gun during the chaos, but held it at his side, Bordeau said.
Saddam's purge
This illustrates thee importance of the part of the Constitution that secures the legislature from arrests, which would be carried out by the executive branch of course. This actually shows Saddam's purge of the Baath Party - but the concept is the same.
Other examples certainly exist, but this one gets the point across.
For 2305: Some recent stories about the presidency
For this week's look at the executive branch, a random look at some stories that illustrate different topics covered in the class material:
- Who's In, Who's Out: Here's a look at the transformations happening in the Cabinet as Obama enters his second term.
- Obama, the puppet master: Politico details how the Obama White House is able manipulate press coverage, including skillfully using new technologies and social media to ensure that events are covered as they want to see them covered: the mastery mostly flows from a White House that has taken old tricks for shaping coverage (staged leaks, friendly interviews) and put them on steroids using new ones (social media, content creation, precision targeting).
Presidential success has often hinged on the ability to influence what is covered and how. As you'll see in the notes, an entire section of the executive branch is set up to handle the press. Commentators suggest that Obama's White House learned a lot from the experiences of their first terms and will apply those lessons in the second. The White House seems to have a leg up on the press, which is unusual. The press is not happy about it.
- Through the lens of the White House photographers: One way to ensure that media coverage is favorable is to control the visuals. Most of the photographs of the president are produced internally - no nose picking or anything like that will sneak out. Ronald Reagan's media adviser Michael Deaver was credited with emphasizing the importance of controlling the visuals. He noted that these can negate any negative commentary that might follow them.
- David Axelrod joins NBC News: Here's a great way to influence media coverage. Have one of your major advisers join them. Axelrod was a major figure in both of the president's elections, and was a senior adviser in the first term.
- Obama's Plan Sees 8-Year Wait for Illegal Immigrants: As a way of influencing whatever plan Congress develops, the president introduced his proposal for overhauling immigration. He was criticized during his first term for deferring policy formation too much to Congress, especially in the battle over health care. Here he takes the lead. His chief of staff talked the proposal up on Sunday talk shows this past week.
- Obama Turns up Pressure for Deal on Budget Cuts: The president is also wading into the political fray over the sequester. Much of this - as with other activities - involves taking a message public. Researchers note that this is a key component of presidential power. It also means that presidents spend less time dealing with Congress than using the American people to back his proposals over those of Congress. teh president has already morphed his campaign organization into one focused on promoting policy. This is part of the concept of a permanent campaign that we cover in several points in class.
- How researchers shaped the White House's brain-mapping initiative: The White House has directly one of its policy organizations to facilitate research in neural functions within the brain. This White House is very geek friendly.
- Who's In, Who's Out: Here's a look at the transformations happening in the Cabinet as Obama enters his second term.
- Obama, the puppet master: Politico details how the Obama White House is able manipulate press coverage, including skillfully using new technologies and social media to ensure that events are covered as they want to see them covered: the mastery mostly flows from a White House that has taken old tricks for shaping coverage (staged leaks, friendly interviews) and put them on steroids using new ones (social media, content creation, precision targeting).
Presidential success has often hinged on the ability to influence what is covered and how. As you'll see in the notes, an entire section of the executive branch is set up to handle the press. Commentators suggest that Obama's White House learned a lot from the experiences of their first terms and will apply those lessons in the second. The White House seems to have a leg up on the press, which is unusual. The press is not happy about it.
- Through the lens of the White House photographers: One way to ensure that media coverage is favorable is to control the visuals. Most of the photographs of the president are produced internally - no nose picking or anything like that will sneak out. Ronald Reagan's media adviser Michael Deaver was credited with emphasizing the importance of controlling the visuals. He noted that these can negate any negative commentary that might follow them.
- David Axelrod joins NBC News: Here's a great way to influence media coverage. Have one of your major advisers join them. Axelrod was a major figure in both of the president's elections, and was a senior adviser in the first term.
- Obama's Plan Sees 8-Year Wait for Illegal Immigrants: As a way of influencing whatever plan Congress develops, the president introduced his proposal for overhauling immigration. He was criticized during his first term for deferring policy formation too much to Congress, especially in the battle over health care. Here he takes the lead. His chief of staff talked the proposal up on Sunday talk shows this past week.
- Obama Turns up Pressure for Deal on Budget Cuts: The president is also wading into the political fray over the sequester. Much of this - as with other activities - involves taking a message public. Researchers note that this is a key component of presidential power. It also means that presidents spend less time dealing with Congress than using the American people to back his proposals over those of Congress. teh president has already morphed his campaign organization into one focused on promoting policy. This is part of the concept of a permanent campaign that we cover in several points in class.
- How researchers shaped the White House's brain-mapping initiative: The White House has directly one of its policy organizations to facilitate research in neural functions within the brain. This White House is very geek friendly.
Overrated and Underrated Presidents
A Washington Post writer asked his readers to send him their picks. Read through the comments to see what was sent.
A good handful think Reagan is overrated and Carter and H.W. Bush are underrated.
A good handful think Reagan is overrated and Carter and H.W. Bush are underrated.
Does online education work?
As you all know, this is a huge trend in education - and something you are all involved in to some degree (that's why I run this blog). Its been promoted as an improvement over in-class instruction because it allows for flexibility for students who have other obligations. It also allows for students to sign up for classes in a range of institutions which not only increases their options, but allows them to be taught be top level professors.
But after a few years of online education, research (policy evaluation) throws cold water on its effects:
The research comes form the Community College Research Center at Columbia University.
But after a few years of online education, research (policy evaluation) throws cold water on its effects:
First, student attrition rates — around 90 percent for some huge online courses — appear to be a problem even in small-scale online courses when compared with traditional face-to-face classes. Second, courses delivered solely online may be fine for highly skilled, highly motivated people, but they are inappropriate for struggling students who make up a significant portion of college enrollment and who need close contact with instructors to succeed.
The research comes form the Community College Research Center at Columbia University.
Senate Republican to not run for re-election due the Senate's dysfunction and polarization
More on a theme we are following in 2305:
Senator Mike Johanns, a Nebraska Republican who is in his first term, announced on Monday that he would not seek re-election next year, the fifth lawmaker to bow out of a Senate that has become increasingly polarized and dysfunctional.
Mr. Johanns, a soft-spoken former Nebraska governor and agriculture secretary in the George W. Bush administration, appeared well positioned to be re-elected and was not on any Democratic target list. But last year, he angrily criticized conservative groups that tried to step in and influence the Senate election in his state. And his efforts as part of the “Gang of Eight” to broker a bipartisan accord on deficit reduction proved fruitless.
Monday, February 18, 2013
No more WW2 veterans in the Senate
Once Senator Frank Lautenberg retires, there will be no one in the Senate who served in WW2. Only two members of the House served, both in their 80s. Once they are gone, living memory of the war will go with them.
It's worth noting that it is very likely that no veteran of the Vietnam War is likely to be elected president.
Here's a graph which shows the percentage of veterans in Congress as a whole has dwindled considerably over the decades. Perhaps this is a consequence of the all volunteer military.
It's worth noting that it is very likely that no veteran of the Vietnam War is likely to be elected president.
Here's a graph which shows the percentage of veterans in Congress as a whole has dwindled considerably over the decades. Perhaps this is a consequence of the all volunteer military.
This week's study guide questions for 2305
For this week's look at the national government:
From the section on the development of executive power:
- What is the executive branch and what functions does it serve?
- What are the different aspects of executive power?
- What is the ultimate source of executive power?
- What titles do we use to refer to chief executives? Why are these titles meaningful?
- What does it matter if the executive is headed by one person or by multiple people?
- What aspects of executive power did the Magna Carta Attempt to limit? How did it intend to do so? Was it successful?
- What additional limitations did the Petition of Right and the British Bill of Rights attempt to impose on executive/monarchic power? Were they successful? Why or why not?
- Be able to describe the factors that led to an increase in executive power over British history. In what ways did the monarch become more powerful?
- Be familiar with the growth of the administrative state.
- What arguments did monarchs - especially the Stuarts - use to justify their power?
- What was the general attitude the Stuarts had towards parliament?
- How did Parliament deal with the Stuarts?
- What grievances did the colonists have with the British monarch? What specific usurpations of executive power dis they complain about? Why are these significant?
From the section on Article 2 of the US Constitution:
- What were the principle debates in the constitutional convention over the design of the US executive branch?
- What did Alexander Hamilton say about the proper design of the executive?
- What concerns did the Anti-Federalists have about the executive branch and the presidency in particular?
- Be able to define the subject matter of each of the sections in Article Two?
- Which parts of Article Two have been modified by constitutional amendments?
- How many specific executive positions are mentioned in the Constitution? Which are not?
- How is the president elected to office? How has this process changed over time?
- What controversy exists over the vested clause in Article Two?
- What autonomy does the Constitution grants the presidency?
What can the president do without being limited by the other two branches?
- What control does the president have over the bureaucracy? Congress? The Federal Courts?
- What is the extent of the president's power as commander-in-chief?
What can he do? What can he not do? Where are there major controversies?
- What controversies exist regarding the communications presidents have with other members of the executive branch?
- In what areas does the president have greater latitude than others?
- What is the extent of the president's powers of appointment? What are the principle controversies regarding this power?
- What does the Constitution say regarding presidential advising?
- What parts of the Constitution protect the president - and the executive overall - from the other two branches?
- What parts of the Constitution allow the president - and the executive branch itself - to limit the powers of the other two branches?
- What specific departments and agencies are established in Article 2 of the Constitution?
From the section on the evolution of the executive branch since the ratification of the Constitution:
- Be familiar with the original design of the executive branch as well as the impact of George Washington on the office.
- How have different presidents interpreted the Constitution regarding the powers of the office?
- What is the size of the executive branch now? Be able to provide numbers.
- What factors explain the rise of the executive branch over history?
- What are the more important executive positions - those not established in the Constitution - and what do they do?
- Be familiar with the three institutions that provide advice and assistance to the president. What are their unique roles? Why did the Senate - despite the Constitution - not become a principal advisory institution to the presidency?
- Which agencies contain the closest and most loyal advisers to the president?
- What relationships exist between executive agencies and other institutions like the legislature and interest groups? Who controls the bureaucracy?
- What relationship does the president have with the bureaucracy? What factors make it difficult for presidents to directly control the bureaucracy?
- What factors grant the bureaucracy strength? What controls do the other branches have over the bureaucracy?
- Be familiar with the eras of the presidency, especially the modern presidency. How has the power of the presidency been transformed in recent history?
- What is the "post-modern" presidency? Is the presidency losing strength?
- What factors condition the relationship between the president and the general population?
From the section on the development of executive power:
- What is the executive branch and what functions does it serve?
- What are the different aspects of executive power?
- What is the ultimate source of executive power?
- What titles do we use to refer to chief executives? Why are these titles meaningful?
- What does it matter if the executive is headed by one person or by multiple people?
- What aspects of executive power did the Magna Carta Attempt to limit? How did it intend to do so? Was it successful?
- What additional limitations did the Petition of Right and the British Bill of Rights attempt to impose on executive/monarchic power? Were they successful? Why or why not?
- Be able to describe the factors that led to an increase in executive power over British history. In what ways did the monarch become more powerful?
- Be familiar with the growth of the administrative state.
- What arguments did monarchs - especially the Stuarts - use to justify their power?
- What was the general attitude the Stuarts had towards parliament?
- How did Parliament deal with the Stuarts?
- What grievances did the colonists have with the British monarch? What specific usurpations of executive power dis they complain about? Why are these significant?
From the section on Article 2 of the US Constitution:
- What were the principle debates in the constitutional convention over the design of the US executive branch?
- What did Alexander Hamilton say about the proper design of the executive?
- What concerns did the Anti-Federalists have about the executive branch and the presidency in particular?
- Be able to define the subject matter of each of the sections in Article Two?
- Which parts of Article Two have been modified by constitutional amendments?
- How many specific executive positions are mentioned in the Constitution? Which are not?
- How is the president elected to office? How has this process changed over time?
- What controversy exists over the vested clause in Article Two?
- What autonomy does the Constitution grants the presidency?
What can the president do without being limited by the other two branches?
- What control does the president have over the bureaucracy? Congress? The Federal Courts?
- What is the extent of the president's power as commander-in-chief?
What can he do? What can he not do? Where are there major controversies?
- What controversies exist regarding the communications presidents have with other members of the executive branch?
- In what areas does the president have greater latitude than others?
- What is the extent of the president's powers of appointment? What are the principle controversies regarding this power?
- What does the Constitution say regarding presidential advising?
- What parts of the Constitution protect the president - and the executive overall - from the other two branches?
- What parts of the Constitution allow the president - and the executive branch itself - to limit the powers of the other two branches?
- What specific departments and agencies are established in Article 2 of the Constitution?
From the section on the evolution of the executive branch since the ratification of the Constitution:
- Be familiar with the original design of the executive branch as well as the impact of George Washington on the office.
- How have different presidents interpreted the Constitution regarding the powers of the office?
- What is the size of the executive branch now? Be able to provide numbers.
- What factors explain the rise of the executive branch over history?
- What are the more important executive positions - those not established in the Constitution - and what do they do?
- Be familiar with the three institutions that provide advice and assistance to the president. What are their unique roles? Why did the Senate - despite the Constitution - not become a principal advisory institution to the presidency?
- Which agencies contain the closest and most loyal advisers to the president?
- What relationships exist between executive agencies and other institutions like the legislature and interest groups? Who controls the bureaucracy?
- What relationship does the president have with the bureaucracy? What factors make it difficult for presidents to directly control the bureaucracy?
- What factors grant the bureaucracy strength? What controls do the other branches have over the bureaucracy?
- Be familiar with the eras of the presidency, especially the modern presidency. How has the power of the presidency been transformed in recent history?
- What is the "post-modern" presidency? Is the presidency losing strength?
- What factors condition the relationship between the president and the general population?
This week's study guide questions for 2306
To help clarify things today:
Constitutional Design
- What is the basic function of the Texas Legislature?
- Why is this article so long and detailed?
- What does the Texas Constitution say about the basic design of the Texas House and Senate?
- Who has represnted the ACC district in the legislature?
- What aspects of the bill making process are detailed in the Texas Constitution?
- What aspects of the powers of the Texas Speaker and Lieutenant Governor are established in the Constitution and what parts are established in House and Senate rules?
- Be able to answer questions about quorum, vacancies, individual legislators, legislative pay, redistricting, and the bill making process, among others.
Texas Bill Making
- Which institutions exist to help legislators with developing and researching bills?
- What online features allow you to track bills online? Why might people be interested in doing so?
- What types of laws exist? Why does this distinction matter?
- What might different bills attempt to do?
- Who can introduce bills into the legislature?
- What are the major stages in the bill making process?
- What influence does the governor, speaker, and lieutenant governor have on the bill making process?
- What roles do committees play in the bill making process?
- What role does the Legislative Budget Board play in the process?
- Be familiar with the informal process the Senate uses to allow a minority of Senators to protect the interests of their constituents.
- What is the full extent of the governor's veto power?
Local City Council- What range of powers do city councils have?
- How are city councils similar to and different from state legislatures and the US Congress?
- What different types of city counciles exist? What types are common in the area governments?
- What types of powers do city councils have? How do these vary depending on the type of city government?
- Which area cities have strong and weak city councils?
- What relationships do city councils have with mayors? City managers?
- What is the Open Meetings Act and what impact does it have on city councils?
- Be able to answer questions about the nature of city council elections.
- What is the purpose of single members districts?
- What are the pros and cons of term limits? How many area city concil are term limited?
- Be able to answer factual questions about area city councils.
Constitutional Design
- What is the basic function of the Texas Legislature?
- Why is this article so long and detailed?
- What does the Texas Constitution say about the basic design of the Texas House and Senate?
- Who has represnted the ACC district in the legislature?
- What aspects of the bill making process are detailed in the Texas Constitution?
- What aspects of the powers of the Texas Speaker and Lieutenant Governor are established in the Constitution and what parts are established in House and Senate rules?
- Be able to answer questions about quorum, vacancies, individual legislators, legislative pay, redistricting, and the bill making process, among others.
Texas Bill Making
- Which institutions exist to help legislators with developing and researching bills?
- What online features allow you to track bills online? Why might people be interested in doing so?
- What types of laws exist? Why does this distinction matter?
- What might different bills attempt to do?
- Who can introduce bills into the legislature?
- What are the major stages in the bill making process?
- What influence does the governor, speaker, and lieutenant governor have on the bill making process?
- What roles do committees play in the bill making process?
- What role does the Legislative Budget Board play in the process?
- Be familiar with the informal process the Senate uses to allow a minority of Senators to protect the interests of their constituents.
- What is the full extent of the governor's veto power?
Local City Council- What range of powers do city councils have?
- How are city councils similar to and different from state legislatures and the US Congress?
- What different types of city counciles exist? What types are common in the area governments?
- What types of powers do city councils have? How do these vary depending on the type of city government?
- Which area cities have strong and weak city councils?
- What relationships do city councils have with mayors? City managers?
- What is the Open Meetings Act and what impact does it have on city councils?
- Be able to answer questions about the nature of city council elections.
- What is the purpose of single members districts?
- What are the pros and cons of term limits? How many area city concil are term limited?
- Be able to answer factual questions about area city councils.
Sunday, February 17, 2013
From the Texas Tribune: Texas Lawmaker Seeks Overhaul of Water Board
More on one of the major topics of the current legislature - water development.
In this case, a legislator wants to overhaul the Texas Water Development Board:
In this case, a legislator wants to overhaul the Texas Water Development Board:
The board, created in 1957, is overseen by six part-time board members, who serve on a volunteer basis after being appointed by the governor. But state Sen. Troy Fraser, R-Horseshoe Bay, chairman of the Senate Natural Resources Committee, wants to change the structure to three full-time members, also appointed by the governor.This seems to be an effort to change and amateur part time board into a full time professional one. Is this part of a broader trend?
Senate Bill 4, introduced by Fraser, would make those changes. According to a fiscal note for the bill, this would carry a price tag of nearly $1.3 million for expenses such as salaries and office space.
“I haven’t had a lot of luck communicating” with the six part-time directors, Fraser said at a committee hearing this week. The new structure, he said, would mirror that of the Public Utility Commission and the Texas Commission on Environmental Quality. With full-time directors, “when there’s a question about something, I can pick up the phone and call,” Fraser said, and they can be at the Capitol in minutes.
The Texas Court of Criminal Appeals and the birth of popular cuss words
Warning to squeamish students - these links are about the development of a very popular 12 word long cussword - so be warned if you click on them. According to the writer of this Slate article (mentioned by The Dish), the word in question was first mentioned officially in a case from the Texas Court of Criminal Appeals in 1898. Just in case you weren't sure if th Texas courts weren't good for anything.
The case was Levy v. State.
The case - an entertaining one - involves a crime of passion. A bit fitting since we've mentioned a couple others in class.
The case was Levy v. State.
The case - an entertaining one - involves a crime of passion. A bit fitting since we've mentioned a couple others in class.
Where we are right now in GOVT 2306 - 2/17/13
Last week we looked at the nature of the three branches of government as a way to introduce the topics prior to digging into how each is set up in the Texas Constitution. The goal was to highlight the uniqueness of state institutions in general, how they differ from those on the national level and how Texas' institutional design are different from those of other states.
This allows us to look through the content of Articles 3,4, and 5 of the Texas Constitution - which will certainly be one of the highlights of your college experience. OK that's a lie, but you will at least understand what critics are talking about when they they discuss problems within the Texas Constitution. It is poorly designed and repetitive, but that's to be expected when a document has been amended piece by piece almost 500 times. But it provides the basis for the state legislature, so its essential to understand how it does so.
In addition to glancing through Article 3 of the Texas Constitution, we will also look at the bill making process in Texas by walking through online information provided by the legislature. Since the legislature is now in session, we're in a perfect position to follow the process as it goes forward. We've mentioned a handful of bills that have been introduced in the legislature, we'll see how they are going.
We will also look more in-depth at area city councils and other quasi-legislative institutions and local elected boards. Much of this will include looking at the websites associated with local institutions and becoming familiar with who these elected officials are.
These are the three sections we will cover this week - and the three you will be assessed over as well:
- The Legislature - Texas Constitutional Design
- Texas Bill Making
- Local City Councils
You might also want to follow the blog posts under these labels:
- 81st Session
- 82nd Session
- 83rd Session
This allows us to look through the content of Articles 3,4, and 5 of the Texas Constitution - which will certainly be one of the highlights of your college experience. OK that's a lie, but you will at least understand what critics are talking about when they they discuss problems within the Texas Constitution. It is poorly designed and repetitive, but that's to be expected when a document has been amended piece by piece almost 500 times. But it provides the basis for the state legislature, so its essential to understand how it does so.
In addition to glancing through Article 3 of the Texas Constitution, we will also look at the bill making process in Texas by walking through online information provided by the legislature. Since the legislature is now in session, we're in a perfect position to follow the process as it goes forward. We've mentioned a handful of bills that have been introduced in the legislature, we'll see how they are going.
We will also look more in-depth at area city councils and other quasi-legislative institutions and local elected boards. Much of this will include looking at the websites associated with local institutions and becoming familiar with who these elected officials are.
These are the three sections we will cover this week - and the three you will be assessed over as well:
- The Legislature - Texas Constitutional Design
- Texas Bill Making
- Local City Councils
You might also want to follow the blog posts under these labels:
- 81st Session
- 82nd Session
- 83rd Session
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