Podcast - 9/2/22

In the news again: Guns. The carrying of weapons.

Federal judge says Texas can’t ban 18- to 20-year-olds from carrying handguns.

Abbott says raising the age to buy an assault-style rifle is “unconstitutional” based on recent court rulings.

- Federalism
- Civil Law
- Checks and Balances /Judicial Review
- Constitutional Law
- Statutory Law
- Second Amendment
- 14th Amendment: Equal Protection Clause
- Firearms restrictions
- Age limits
- Federalism
- Federal District Judge
- Elections
- Agenda Setting / Uvalde Shooting
- Advocacy Groups

Texas State Law Library: Gun Laws.

- Texas Penal Code. 

Penal Code: TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS 
CHAPTER 46. WEAPONS.

- Sec. 46.02. UNLAWFUL CARRYING WEAPONS.

TEX. GOV’T CODE §§ 411.172(a)(2), (g), (h), (i). Simply stated, although Texans over the age of 21 can carry a handgun (either openly or concealed) outside the home (with or without a license), law-abiding 18-to-20-year-olds Texans are prohibited from carrying a handgun for self-defense outside the home.

Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

For comparison: Texas Bill of Rights, Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defence of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

- Proposed amendment: remove last clause. 

- District of Columbia v. Heller.

- McDonald v Chicago.

Fourteenth Amendment: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Equal Protection: 

ScotusBlog: National Rifle Association of America v. McCraw (2014).

Issue: (1) Whether the Second Amendment right to bear arms for self-defense in case of confrontation includes the right to bear arms in public; (2) Whether that right to bear arms extends to responsible, law-abiding eighteen- to twenty-year-old adults; and (3) whether Texas’s ban on responsible, lawabiding eighteen- to twenty-year-old adults bearing handguns in public for self-defense violates the Second Amendment and the Equal Protection Clause.

Firearms Policy Coalition v Steven McGraw, Director of DPS.

- Firearms Policy Coalition.

- Steven McCraw.

- Texas Department of Public Safety.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

- Website.

- U.S. District Judge Mark Pittman.(Wikipedia)

Texas Tribune: Families of the Uvalde shooting victims denounce Gov. Greg Abbott’s inaction on gun reform.

Wall Street Journal: Uvalde Massacre Prompts New Debate on Guns Among Residents.

Politico: What election night in Texas looked like after the mass shooting.

Bloomberg: Texas Governor’s Race Narrows After Uvalde Shooting, Poll Shows.

Texas Tribune: Confronted with mass shootings, Texas Republicans have repeatedly loosened gun laws.

Ken Paxton: Second Amendment.

_____________________

For future podcasts regarding local issues: 

- Harris County commissioners approve $750M flood mitigation grant.
- Harris County budget director proposes $2.24B budget.
- Harris County commission presents school safety recommendations.
- Clifford Tatum approved as Harris County’s next elections administrator.

- Alvin ISD offers variety of free parent workshops for raising children.
- Clear Creek ISD focuses on safety in coming year.
- Record percentage of Texas teachers considering quitting, survey shows.
- Officials from Pearland, Friendswood, Alvin ISDs react to TEA accountability ratings.

- Pearland to create webpage showing council members' business deals, finance reports.

- METRO makes weekend use of high-occupancy vehicle, toll lanes permanent.

 

What is "semi-fascism?"

The term is currently in the news.

- Biden calls Trump's philosophy 'semi-fascism'

Exuberant over a string of recent legislative victories, and launching his midterm campaigning in earnest, President Joe Biden swaggered into Maryland on Thursday and excoriated his predecessor’s philosophy as “semi-fascism,” in what constituted an unusually pointed and highly charged denunciation of Republicans.

“What we’re seeing now is either the beginning or the death knell of extreme MAGA philosophy,” Biden told Democratic donors in the Washington suburb of Rockville. Calling out those he labeled as “extreme” Republicans, Biden said: “It’s not just Trump, it’s the entire philosophy that underpins the — I’m going to say something, it’s like semi-fascism.”

What is Fascism?  

Links - 8/31/22

- Jul 2, 1964 CE: Civil Rights Act of 1964.

https://worldpopulationreview.com/states

https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Constitution:Public

https://www.njleg.state.nj.us/constitution

https://delcode.delaware.gov/constitution/constitution-01.html#P6_47

https://en.wikipedia.org/wiki/Brexit

https://en.wikipedia.org/wiki/Espionage_Act_of_1917

https://en.wikipedia.org/wiki/Espionage

https://www.nrapvf.org/

https://teachingamericanhistory.org/document/patrick-henry-virginia-ratifying-convention-va/

http://webserver.rilin.state.ri.us/RiConstitution/ConstFull.html

https://news.bloomberglaw.com/business-and-practice/alex-jones-attorney-blunder-wont-help-talk-show-host-on-appeal

https://www.senate.gov/about/origins-foundations/electing-appointing-senators.htm

https://www.congress.gov/bill/117th-congress/house-bill/5376

https://clerk.house.gov/evs/2022/roll420.xml

https://tea.texas.gov/academics/curriculum-standards/teks-review/social-studies-teks-review-work-group-drafts

https://www.texastribune.org/2022/08/30/texas-redistricting-lawsuit/

https://www.texastribune.org/2022/08/30/texas-dfps-gender-affirming-care-investigations/

https://www.texastribune.org/2022/08/30/sboe-social-studies-curriculum/

https://www.epw.senate.gov/public/

https://clerk.house.gov/evs/2022/roll414.xml

https://en.wikipedia.org/wiki/Robert_Califf

https://www.tobaccolawblog.com/2021/07/tobacco-in-the-117th-congress/

https://www.opensecrets.org/industries/indus.php?ind=K02

https://www.opensecrets.org/revolving/search_result.php?priv=PriceWaterhouseCoopers

https://www.opensecrets.org/revolving/rev_summary.php?id=21934

https://en.wikipedia.org/wiki/Brownstein_Hyatt_Farber_Schreck

https://www.napo.org/washington-report/latest-news-updates/napo-priorities-117th-congress-mid-term-review-draft-presidential-executive-order-police-reform-leakednapo-supports-bill-give-sm/

https://www.bhfs.com/services/practices/GovernmentRelations

https://founders.archives.gov/documents/Jefferson/01-02-02-0132-0004-0079

https://heritageaction.com/scorecard

https://www.ccagwratings.org/legislators

https://en.wikipedia.org/wiki/Artemis_program

Seinfeld | J. Peterman

Stephen F Austin's Contract etc....

- Stephen Austin's contract to bring settlers to Texas, 1825.

- Texas Declaration of Independence.

- 1836 Texas Constitution.

CIA Archives: Secrets of Espionage: Allen Dulles on the Overthrow of Gov...

Links - 8/30/22

- Black Rod.

- TheUndocumented Orphaned Wells Workshop.

- The IRS just got $80 billion to beef up. A big goal? Going after rich tax dodgers.

- Virginia Company of London.

- Billions Spent on Abandoned Oil Wells Scratch at Ignored Problem.

Texas US District 22 - Before and After 2020 redistricting

- Before. 

- After.

Aristotle and His Classification of Government

There are many ways to classify systems of government, but this is one of the more noteworthy. It was developed by Aristotle in his book Politics. 

- Aristotle.

- Politics. 

Here's a basic image: 



Here's an explainer: 

Here are a few other videos that might also help clarify these categories.

- Aristotle's Classification of States as Monarchy, Tyranny, Aristocracy, Oligarchy, Polity, Democracy.

- Types of Government by Aristotle.

- POLITICAL SYSTEMS 101: Basic Forms of Government Explained.

___________

For More: 

- Monarchy 
- Tyranny
- Aristocracy 
- Oligarchy 
- Polity
- Democracy

___________

Two General Types of Democracy: 

- Direct - Pure - Democracy: People rule directly.

- Indirect - Representative - Democracy: People rule indirectly through representatives.

Section One - What is Government? What is Politics?

We will begin by defining the two key terms we will use in this class: government and politics. 


- What is a Government?
Terms:
- government.
- institutions.
- state. 
- legislature. 
- executive.
- judiciary.
- constitution.
- authority.
- coercion.
- consent.
- community.
- civil society.
- legal system.
- military.
- police.


- Types of Government.
Terms:
- natural form of governments.
- perverted form of government.
- corruption.
- monarchy.
- autocracy.
- tyranny.
- aristocracy.
- oligarchy,
- polity.
- democracy,
- direct democracy.
- indirect democracy.
- authoritarianism.


- What is Politics?
Terms:
- power.
- politics.
- power relations.
- resources.
- status.
- the distribution of material goods.
- individuals.
- groups.
- influence.
- political parties.
- interest groups.
- the media.
- social media
- political consultants.


-  What is Political Culture?
Terms:
- attitudes.
- beliefs.
- sentiments.
- discourses.
- symbolic practices.
- individualism.
- moralistic
- traditionalism.

Lectures - optional

- What is power?
- Why do you have to take this class?
- No Really . . . why do you have to take this class?
- Aristotle and His Classification of Government.
- Max Weber: Power and Authority.
- The First Virginia Charter 1606.
- Territorial History of the USA: Every Month for 400 Years.
- Stephen Austin's contract to bring settlers to Texas, 1825.
- Territorial Development of Texas.

From the Harris County Office of Management and Budget: American Rescue Plan

Terrific federalism stuff here.

And a possible topic for the 2305 essay.

- Click here for it.

From Community Impact: Harris County budget director proposes $2.24B budget

Worth a detailed look.

- Click here for it. 

Daniel Ramos, executive director of the Harris County Office of Management and Budget, presented the proposed budget for fiscal year 2022-23 during the Aug. 23 meeting of Commissioners Court.

The $2.24 billion operating budget is based on a county tax rate of $0.36035 per $100 of assessed value. This is lower than the voter-approval rate—the maximum rate allowed under Senate Bill 2—of $0.36054, calculated by Tax Assessor-Collector Ann Harris Bennett and submitted to the court before its meeting.

SB 2 requires a city or county to hold an election if it proposes collecting greater than 3.5% more revenue than in the previous year. Because the county has a greater tax base to draw from as property value assessments have risen, the total overall proposed rate for the general fund and the Harris County Flood Control District of $0.39511 is 3.7% lower than the 2021 rate of $0.41042, according to Ramos.

“I actually went back and looked,” Ramos said at the meeting. "This tax rate that we [would] adopt on the general fund will be the lowest it’s been since 1993 in Harris County.”

When the county last went through the budgeting process, the OMB prepared a planning budget for FY 2022-23 of $2.154 billion. Increased costs to the county due to inflation and high medical claims led Ramos to propose a budget $86 million larger than the planning budget.

- Click here for the proposed budget.

Recently in the Texas Tribune:

- Republican effort to remove Libertarians from November ballot rejected by Texas Supreme Court.

The Texas Supreme Court on Friday rejected a Republican effort to remove a host of Libertarian candidates from the November ballot, saying the GOP did not bring their challenge soon enough.

In a unanimous opinion, the all-GOP court did not weigh in on the merits of the challenge but said the challenge came too late in the election cycle. The Libertarian Party nominated the candidates in April, the court said, and the GOP waited until earlier this month to challenge their candidacies.

On Aug. 8, a group of Republican candidates asked the Supreme Court to remove 23 Libertarians from the ballot, saying they did not meet eligibility requirements. The Republicans included Lt. Gov. Dan Patrick and others in congressional and state legislative races.

State law requires Libertarian candidates to pay filing fees or gather petition signatures, the amount of each depending on the office sought. The Libertarian Party has been challenging that law in federal court, arguing it is unfair because the fees do not go toward their nomination process like they do for Democrats and Republicans.

- What brought down one Texas county’s entire elections department? It was something in the water.

Last November’s sleepy constitutional amendment election nearly came to blows in Gillespie County, a Central Texas county known for its vineyards. A volunteer poll watcher, whose aggressive behavior had rankled election workers all day, attempted to force his way into a secure ballot vault.

The burly man was repeatedly blocked by a county elections staffer. Shouting ensued. “You can’t go in there,” the staffer, Terry Hamilton, insisted to the man, who towered over Hamilton. “We can see anything we want!” the poll watcher and his fellow election integrity activists yelled, according to an election worker who witnessed the scene. They accused Hamilton and elections administrator Anissa Herrera of a variety of violations of the state election code, which they quoted line by line.

“Oh Lord, they can cite chapter and verse,” recalled Sue Bentch, a Fredericksburg election judge who saw the confrontation that night. “But you know, just as the devil can cite scripture for its own purposes, it seemed to me that it was often cited out of context and misinterpreted.”

“Finally, I called the sheriff’s officer,” said Bentch. The officer barred the activists from the vault. “Poor Terry was coming to fisticuffs.”

Previous elections had been no better. In 2020, a different poll watcher called the police on Herrera and filmed election employees in a dark parking lot. The same year, Herrera received a clutch of obscene, often racist, emails. And in 2019, a group of activists filed suit after Fredericksburg voters overwhelmingly rejected an obscure public-health ballot measure. That election, the activists argued, had been irrevocably tainted by fraud.

Three years of these hostilities were clearly enough for Herrera, who resigned this month.

- Texas will plug 800 abandoned oil and gas wells, funded by $25 million federal infrastructure grant.

Texas will begin plugging about 800 abandoned oil and gas wells this fall, the state’s oil and gas agency said, after receiving an initial $25 million grant from a program included in President Joe Biden’s infrastructure plan.

It’s a fraction of the approximately 7,400 documented abandoned oil and gas wells that need to be plugged in the state — and industry observers believe the figure to be an undercount. Several more millions of dollars are expected to be disbursed to Texas through the newly created federal program.

Abandoned oil and gas wells leak methane, a potent greenhouse gas that is the second-largest contributor to climate change after carbon dioxide. The wells, if not properly plugged, also can leak toxic water and chemicals in the surrounding areas.

Methane lasts in the atmosphere for less time. Cutting methane emissions is one of the most effective short-term tools to reduce the effects of climate change, scientists say.

The projected cost to plug and clean up the pollution from all 7,400 documented wells is approximately $482 million, according to the commission’s notice of intent to apply for federal funding obtained by The Texas Tribune.

But an estimate from the Department of the Interior shows that Texas likely will be eligible for less than that — about $344 million in federal funds.

The bipartisan infrastructure law passed last year by Congress dedicated $4.7 billion to create a new federal orphan oil and gas well remediation and plugging program. Both Republican U.S. Sens. John Cornyn and Ted Cruz voted against the law — as did every Republican House member from Texas.

Links - 8/29/22

- Gillespie County, Texas.

- Texas Election Code.

- Lofts at the Ballpark demolition paused as I-45 expansion meets more obstacles.

- Amazon vs Walmart Weekly: The Fall to End Them All.

- Is Walmart's Relationship With P&G In Trouble?.

Key Terms - Chapter 2

Chapter 2
GOVT 2305

constitution
indentured servant
compact
covenant
representation
delegate
trustee
mercantilism
First Continental Congress
Second Continental Congress
Confederation
federalism
Virginia Plan
New Jersey Plan
Bicameral
Unicameral
Electoral College
separated powers
checks and balances
classical republicanism
bill of rights
incorporation
originalism
pragmatism
treaty making
bicameralism
representation
presidential electors
unitary executive
percentage of slaves
Bill of Rights
ratification
Articles of Confederation
Constitution’s 7 articles
commander – in – chief
separated powers
checks and balances
federalism
granted powers
delegated powers
implied powers
prohibited powers
inherent powers
reserved powers
elastic clauses
welfare clause
commerce clause


GOVT 2306

constitution
popular sovereignty
confederal system
unitary system
federalism
enumerated powers
implied powers
concurrent powers
vertical federalism
supremacy clause
reserved powers
horizontal federalism
privileges and immunities
full faith and credit clause
extradition
dual federalism
cooperative federalism
devolution
fiscal federalism
categorical grant
block grant
unfunded mandate
Manifest Destiny
long ballot
black codes
apprenticeship laws
peonage
initiative
referendum
decentralization
initiatives
referendum
recall
local elections
amateur legislature
plural executive
elected judiciary
1836 / 1845 / 1861 / 1866 / 1869 / 1876
separated powers
checks and balances
federalism
popular sovereignty
supremacy clause
reserved powers
implied powers
prohibited powers
14th amendment
Equal Protection Clause
Sweatt v Painter
Elections
federalism
popular sovereignty
Dillon’s Rule
Matching Grants Unfunded Mandates

Principle Components of the Articles of Confederation

1 - Establishes the name of the confederation with these words: "The stile of this confederacy shall be 'The United States of America.'"

2 - Asserts the sovereignty of each state, except for the specific powers delegated to the confederation government: "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated."

3 - Declares the purpose of the confederation: "The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever."

4 - Elaborates upon the intent "to secure and perpetuate mutual friendship and intercourse among the people of the different States in this union," and to establish equal treatment and freedom of movement for the free inhabitants of each state to pass unhindered between the states, excluding "paupers, vagabonds, and fugitives from justice." All these people are entitled to equal rights established by the state into which they travel. If a crime is committed in one state and the perpetrator flees to another state, he will be extradited to and tried in the state in which the crime was committed.

5 - Allocates one vote in the Congress of the Confederation (the "United States in Congress Assembled") to each state, which is entitled to a delegation of between two and seven members. Members of Congress are to be appointed by state legislatures. No congressman may serve more than three out of any six years.

6 - Only the central government may declare war, or conduct foreign political or commercial relations. No state or official may accept foreign gifts or titles, and granting any title of nobility is forbidden to all. No states may form any sub-national groups. No state may tax or interfere with treaty stipulations already proposed. No state may wage war without permission of Congress, unless invaded or under imminent attack on the frontier; no state may maintain a peacetime standing army or navy, unless infested by pirates, but every State is required to keep ready, a well-trained, disciplined, and equipped militia.

7 - Whenever an army is raised for common defense, the state legislatures shall assign military ranks of colonel and below.

8 - Expenditures by the United States of America will be paid with funds raised by state legislatures, and apportioned to the states in proportion to the real property values of each.

9 - Powers and functions of the United States in Congress Assembled.

- Grants to the United States in Congress assembled the sole and exclusive right and power to determine peace and war; to exchange ambassadors; to enter into treaties and alliances, with some provisos; to establish rules for deciding all cases of captures or prizes on land or water; to grant letters of marque and reprisal (documents authorizing privateers) in times of peace; to appoint courts for the trial of pirates and crimes committed on the high seas; to establish courts for appeals in all cases of captures, but no member of Congress may be appointed a judge; to set weights and measures (including coins), and for Congress to serve as a final court for disputes between states.

- The court will be composed of jointly appointed commissioners or Congress shall appoint them. Each commissioner is bound by oath to be impartial. The court's decision is final.

- Congress shall regulate the post offices; appoint officers in the military; and regulate the armed forces.

- The United States in Congress assembled may appoint a president who shall not serve longer than one year per three-year term of the Congress.

- Congress may request requisitions (demands for payments or supplies) from the states in proportion with their population, or take credit.

- Congress may not declare war, enter into treaties and alliances, appropriate money, or appoint a commander in chief without nine states assenting. Congress shall keep a journal of proceedings and adjourn for periods not to exceed six months.

10 - When Congress is in recess, any of the powers of Congress may be executed by "The committee of the states, or any nine of them", except for those powers of Congress which require nine states in Congress to execute.

11 - If Canada [referring to the British Province of Quebec] accedes to this confederation, it will be admitted.[16] No other colony could be admitted without the consent of nine states.

12 - Affirms that the Confederation will honor all bills of credit incurred, monies borrowed, and debts contracted by Congress before the existence of the Articles.

13 - Declares that the Articles shall be perpetual, and may be altered only with the approval of Congress and the ratification of all the state legislatures.

 

The Campaign for Tobacco-Free Kids

You might have seen an ad by this group if you click on the link to RollCall in a story below. 

- Here is where the link takes you. 

This is one of the many ways interest groups try to impact legislation. 

- Their website.

- A recent press release.

- Open Secrets: Profile.

The Federal System

The governing system of the United States is divided into three levels: 

- National
- State
- Local

This is called a federal system. Sovereign power is split between the national and state level - which is a consequence of their each being ordained and established by the people within their relative jurisdiction. Among the powers of the states is the ability to create and incorporate local governments for the purpose of carrying out state laws, and to allow for local self government. 

Alternatives: 

- Unitary: a central government dominates
- Confederal: regional governments create weak central government to reconcile differences. 

The governing powers are outlined in relevant documents: 

- United States Constitution
- State Constitution
- Local Charters

Basic job descriptions of each level: 

- National
- - commercial development
- - internal and external security
- - enforcement of equal treatment before the law (14th Amendment)

- State
- - health
- - welfare
- - safety
- - morals

- Local
- - execution of state laws
- - provision of basic services
- - enforcement of public order and safety

This outlines the original division of powers on each level. 

In the section on the stages of federalism - click here for it - we will observe how these lines have blurred over time. 

Let's incorporate some terminology into all of this: 

- popular sovereignty
- national supremacy clause
- granted powers
- delegated powers
- implied powers
- prohibited powers
- reserved powers
- concurrent powers
- police powers
- multi purpose local governments
- municipalities
- counties
- single purpose governments
- independent school districts
- community college districts

From Roll Call: Biden administration issues final rule on protections for ‘Dreamers’

A part of executive power involves the rulemaking - which allows the executive to determine how it will enforce a law passed by the legislature. Here is a current example.

- Click here for the article. 

The Biden administration finalized a rule Wednesday to fortify the Obama-era Deferred Action for Childhood Arrivals program as it faces legal challenges, aiming to preserve protections for hundreds of thousands of “Dreamers.”

The rule, set to go into effect Oct. 31, codifies into federal regulation the 2012 program that shields more than 600,000 undocumented immigrants from deportation and allows them to work legally in the U.S. For the past 10 years, the program has been governed by a Department of Homeland Security memorandum.

“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers,” Homeland Security Secretary Alejandro Mayorkas said in a news release. “Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country.”

The final rule unveiled Wednesday is similar to a proposed rule DHS released in 2021. There are some minor changes, such as a clarification that expunged criminal convictions and immigration offenses are not automatic disqualifiers for the program. DHS received 16,361 comments during the rule’s public comment period.

- Biden administration
- finalized a rule
- Deferred Action for Childhood Arrivals (DACA)
- legal challenges
- codifies
federal regulation
undocumented immigrants
deportation
Department of Homeland Security
memorandum
Homeland Security Secretary Alejandro Mayorkas
final rule
proposed rule
expunged
criminal convictions
immigration offenses
16,361 comments
public comment period
Eligibility requirements
“lawfully present.”
Judge Andrew Hanen
U.S. District Court for the Southern District of Texas
struck down the program
Department of Homeland Security lacked authority to implement
Enshrine protections into law
budget reconciliation package
Senate parliamentarian.
House passed a bill
the Senate has not considered that bill.
Sen. Richard J. Durbin, D-Ill
chairman
Senate Judiciary Committee
Congress
Mario A. Carrillo
America’s Voice
a permanent legislative fix

A few more links regarding the 87th Texas Legislature

- Legislative Reference Library: 87th Legislature (2021) - Effective Dates for Bills.

- Texas Tribune: Topics: 87th Legislature. 

- Legislative Reference Library: Today's Clips.

- Texas Tribune: Justice Department sues Texas over new voting law, targeting restrictions on mail-in ballots and voter assistance.

Disabled, elderly and non-English speaking voters risk disenfranchisement under Texas' new voting law passed by the GOP-controlled Legislature earlier this year, the U.S. Department of Justice claims in a lawsuit filed Thursday challenging the legislation known as Senate Bill 1.

Signed by Gov. Greg Abbott in September, the legislation further tightened the state's election laws, with a host of changes including a ban on drive-thru voting and new rules for voting by mail.

While Democrats and voter advocacy groups have attacked SB 1 as a Republican move to suppress turnout in Texas cities — primarily voters of color who tend to lean Democratic — the Justice Department focused its suit on two provisions which it says violate the federal Voting Rights Act and the Civil Rights Act of 1964. One places strict limits on how much assistance can be given to voters who, because of disabilities or limited English proficiency, may need help navigating the voting process. The second places new constraints on how people who vote by mail verify their identities.

- Texas Tribune: Gov. Greg Abbott includes voting restrictions, critical race theory and rules for transgender student athletes on special legislative session agenda.

Gov. Greg Abbott has announced the agenda for the special legislative session that begins Thursday, asking lawmakers to prioritize 11 issues that largely appeal to conservatives who wanted more out of the regular session. The announcement of the agenda came just over 24 hours before lawmakers are set to reconvene in Austin.

The agenda includes Abbott's priority bills related to overhauling Texas elections and the bail system, as well as pushing back against social media “censorship” of Texans and the teaching of critical race theory in schools. Most of those issues were anticipated after they did not pass during the regular session and Abbott faced pressure to revive them or had already committed to bringing them back.

- Texas Tribune: Texas Legislature close to approving billions to pay for winter storm financial fallout.

The February winter storm was one of the most devastating disasters in the state’s history, killing at least 100 people. It was also one of the most expensive because of spikes in wholesale power prices and natural gas prices. Electricity regulators set power prices at the maximum rate — $9,000 per megawatt-hour — for several days in hopes that market dynamics would encourage more electricity to be supplied.

Because the freeze knocked out many of the state’s power generators, electricity companies had to buy what little power was available at that exorbitant rate (the average price for power in 2020 was $22 per megawatt-hour). Natural gas fuel prices also spiked more than 700% during the storm.

But a package of bills to provide several billions of dollars in financial relief to the state’s electricity and gas market could leave retail electric providers and their customers — mostly commercial real estate companies and small businesses like Bingoland — out of the bailout.

“I see no relief at all for the customers, who did absolutely nothing wrong,” Marcie Zlotnick, a co-founder of two small retail electric businesses, said during a Senate committee hearing on Thursday.

She estimated that allowing retail electric providers to issue bonds to cover their storm-related costs would cost less than $1 per month for customers, and warned that the cost of not doing so could result in more retail electric provider bankruptcies and huge bills to their customers, which ultimately could mean less competition in the market.

A few more links regarding the 117th Congress

- From Congress.gov: Members of the U.S. Congress.

- From Congress.gov: Browse legislative information.

- From The Congressional Budgetary Office: Legislation Enacted in the First Session of the 117th Congress That Affects Mandatory Spending or Revenues.

- From Pew Research Center: A record number of women are serving in the 117th Congress.

Women have been in Congress for more than a century. The first, Republican Jeannette Rankin of Montana, was elected to the House in 1916, two years after her state gave women the vote. But it’s only been in the past few decades that women have served in more substantial numbers. About two-thirds of the women ever elected to the House (232 of 352, including the newest members of the 117th Congress) have been elected in 1992 or later.

The pattern is similar in the Senate: 42 of the 58 women who have ever served in the Senate – including Lummis, the newest female senator – took office in 1992 or later.

- From Forbes: The Firsts: Here’s Who Is Making History In The 117th Congress.

The 118 women in the incoming House of Representatives class comprise 27% of the chamber’s voting members. That is up from 23.2% of the 116th Congress. 89 incoming Representatives are Democrats and 29 are Republicans, the largest number of new Republican women elected to Congress. A record number of people of color were also elected to Congress, with 121 Representatives of color in the 117th Congress, up from 113 Representatives of color from the 116th. Women of color have reached a record level of representation. As reported by the Center for American Women and Politics at Rutgers University (CAWP), in 2018 there were 43 women of color Representatives. This year there are 48: 25 Black (up from 22), 14 Latinx (up from 12), seven Asian American or Pacific Islander (up from six), two Native American, and one Middle Eastern or North African. New Mexico becomes the first state to elect all women of color to the House. In addition, nine members of the House openly identify as LGBTQ, up from eight last year. The numbers are calculated from self-identification, including people who identify as multiracial, and do not include non-voting delegates in the House.

- Open Secrets: Gen Z candidates raise millions for the generation’s first federal campaigns.

Generation Z candidates are running for federal office for the first time in the 2022 midterms, and these young politicians have already raised millions of dollars ahead of their upcoming primaries.

OpenSecrets identified at least four current Gen Z candidates – two Democrats and two Republicans – vying for congressional seats in the 2022 election cycle: Maxwell Alejandro Frost in the Democratic primary for Florida’s 10th Congressional District, Karoline Leavitt and state Rep. Tim Baxter (R) in the Republican primary for New Hampshire’s 1st Congressional District and Raymond Reed in the Democratic primary for Missouri’s 2nd Congressional District.

Another Republican Gen Z candidate, Matt Foldi, ran in Maryland’s July 19 primary for the state’s 6th Congressional District but lost to state delegate Neil Parrott after only raising around $222,600. Reuven Hendler, a Democratic Gen Z candidate who ran on a “Medicare for All” platform in New Jersey’s 3rd Congressional District, also lost his primary to incumbent Rep. Andy Kim (D–N.J.) by 86%. Hendler did not report raising any money. Skylar Williams, another Gen Z candidate, also lost his Democratic primary bid in Montana’s 2nd Congressional District. Williams raised $4,661 but managed to win over 18% of the vote in that district. 

Links - 8/26/22

- From the Tax Foundation: Taxes In The District Of Columbia.

- City of Houston Code of Ordinances: Article V - Juvenile Curfew.

- Wikipedia: Curfew.

- NYRA: Curfew Laws by State. 

- Space.com: On the trail of unidentified aerial phenomenon: the Galileo Project looks ahead.

From the Texas Tribune: How a little-known group convinced the Texas State Board of Education to reject lesson plans on consent

A look at how well organized groups can impact the legislative process.

- Click here for the article. 

Millions of students returning to public schools across Texas are encountering fallout from a battle over the state’s first major update to sex education and health standards in more than two decades.

A Newsy investigation revealed how an advocacy group helped convince the Texas State Board of Education to strike lessons about consent from the state’s planned health education standards for the 2022-23 school year. The board’s decision went against the advice of medical experts and organizations promoting teen sexual health, which say comprehensive sex education helps reduce rape and unwanted pregnancies.

“It’s not an open communication — to talk about sex,” said 17-year-old Kennia Gonzalez, a senior at Brownsville Early College High School in Texas. Gonzalez said her high school does not teach any form of sex education beyond abstinence. “Teachers aren’t supposed to talk about it with students,” she said.

In fact, Texas high schools are not required to offer students sex education, and if they do, parents must opt in for their children to receive it. State regulations now require those schools that choose to teach the topic to emphasize “the centrality of abstinence education in any human sexuality curriculum.”

The state of Texas’ high hopes for convincing teens to say no to sex do not appear to be having the intended impact. A 2019 Centers for Disease Control and Prevention survey of Texas youths showed that nearly two-thirds of high school seniors report having had sex. Texas has the ninth-highest teen birth rate in the U.S., and the state tops the nation in repeat teen births.

Gonzalez said with no sex education being taught by her school, some of her classmates are left with dangerous gaps in their understanding of healthy sex and relationships.

 https://storage.courtlistener.com/recap/gov.uscourts.txed.213946/gov.uscourts.txed.213946.18.1.pdf

The Mansfield school desegregation incident

- Wikipedia.

- Blackpast. 

-TSHA.

Adios, Bart! | A Christmas Story | TBS

What is a special grand jury?

It's the group of people in Georgia that are investigating the possibility that certain people attempted to tamper with the results of the 2020 election in the state. That's not the normal function of a grand jury though: 

Special grand jury:

While a regular grand jury primarily decides whether to bring charges, a special grand jury is called into existence to investigate whether organized crime is occurring in the community in which it sits. This could include, for instance, organized drug activity or organized corruption in government.

For background regarding the this current special grand jury: 

- Fulton grand jury subpoenas Giuliani, Graham, Trump campaign lawyers.

- Fulton grand jury probe of 2020 election conduct zeroes in on Trump’s inner circle.

- District attorney in Georgia asks for a special grand jury for Trump election probe.

Grand juries are mentioned in the 5th Amendment. 

Here's more on this particular one: 

- Fulton County.

- Fulton County Grand Jury.

- Fulton County District Attorney Fani Willis.

What is Defamation?

Its a concept central to the recent trials of Johnny Deep and Alex Jones. It is also a use of speech and press that is not protected by the Constitution.

- Findlaw: Defamation and False Statements Under the First Amendment.

- CLR: FIRST AMENDMENT: FREEDOM OF SPEECH & FREEDOM OF THE PRESS DEFAMATION.

- FAE: Libel and Slander.

For Comparison: The U.S. and Texas Bills of Rights

- The United States Constitution: Bill of Rights.

- Annotated U.S. Bill of Rights.

- Texas Constitution: Bill of Rights.
______

The original language in previous Texas Constitutions.

- 1836: Declaration of Rights.

- 1845: Bill of Rights.

- 1861: Bill of Rights.

- 1866: Bill of Rights.

- 1869: Bill of Rights.

- 1876: Bill of Rights.

Queen's Black Rod has door slammed in his face by MPs

A ritual commemorating the events of January 3, 1642.

The The Immigration Act of 1924 - AKA Johnson-Reed Act

A deliberately racist law. The intent was to ensure that “The racial composition of America at the present time thus is made permanent.”

- Department of State: The Immigration Act of 1924 (The Johnson-Reed Act).

- The 1924 Law That Slammed the Door on Immigrants and the Politicians Who Pushed it Back Open.

- Wikipedia: Immigration Act of 1924.

- Wikipedia: National Origins Formula.

State Highway 99 - The Grand Parkway

- TX DoT: SH 99/Grand Parkway Project.

- TX DoT: SH 99 Grand Parkway - Segments H, I-1 & I-2.

- Wikipedia: Texas State Highway 99.

Special Masters in Texas Statutory Code

They are used to investigate claims that a sitting judge has acted improperly and may be removed rom office.

- Click here for the link.

GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE B. JUDGES
CHAPTER 33. STATE COMMISSION ON JUDICIAL CONDUCT
SUBCHAPTER A. GENERAL PROVISIONS

(12) "Special master" means a master appointed by the supreme court under Section 1-a, Article V, Texas Constitution.

______

Sec. 33.004. COMPENSATION AND EXPENSES OF COMMISSION MEMBERS, SPECIAL MASTERS, AND OTHER EMPLOYEES. (a) A member of the commission serves without compensation for services, but is entitled to reimbursement for expenses as provided by this section.

(b) A special master who is an active district judge or justice of the court of appeals is entitled to a per diem of $25 for each day or part of a day that the person spends in the performance of the duties of special master. The per diem is in addition to other compensation and expenses authorized by law.

(c) A special master who is a retired judge of a district court or the court of criminal appeals or a retired justice of a court of appeals or the supreme court is entitled to compensation in the same manner as provided by Section 74.061. For purposes of this subsection, the term "court" in Section 74.061(c) means the district court in the county in which formal proceedings are heard by the special master.

(d) A member or employee of the commission, special counsel, or any other person appointed by the commission to assist the commission in performing the duties of the commission, or a special master is entitled to necessary expenses for travel, board, and lodging incurred in the performance of official duties.

(e) Payment shall be made under this section on certificates of approval by the commission.

This . . . is a cool cat

 

What is a "Special Master?"

The term is in the news because Trump's lawyers have requested on be appointed to review the documents seized in the recent search of Mar-a-Lago.

- Trump files suit demanding special master in Mar-a-Lago search case.

Here is a general definition: A "special master" is appointed by a court to carry out some sort of action on its behalf. Theoretically, a "special master" is distinguished from a "master". A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court, whereas a special master carries out some direct action on the part of the court. It appears, however, that the "special master" designation is often used for people doing purely investigative work, and that the simple "master" designation is falling out of use.

Activities carried out by special masters are as diverse as the actions taken by courts. They are often appointed as facilitators in child custody cases, for example, but the term "special master" was also used to describe the person appointed by Congress to administer compensation for the victims of the 9/11 terrorist attacks in New York. The term often appears in original jurisdiction cases decided by the Supreme Court ; these are often cases involving boundary disputes between the states, with a special master appointed to resolve questions of geography or historical claims

For more on special masters: 

- Legislative Information Institute.

- Wikipedia.

- The Free Dictionary.

- Federal Special Master.

- Why You Need A Court Master When We Pay Judges to Resolve Disputes.

- Texas Government Code.

 

Links 8/24/22

- Sample Ballots.

- March 1 Republican Primary ballot.

- Crimes Act of 1790.

- 1st United States Congress.

- Siege of Yorktown.

- DECLARATION OF CAUSES: February 2, 1861.

- Battle of Appomattox Court House.

- PENAL CODE: TITLE 5. OFFENSES AGAINST THE PERSON: CHAPTER 19. CRIMINAL HOMICIDE.

- SLAPP Suits.

- high seas: maritime law.

From Politico: Biden closes in on student loan forgiveness plan and extension of repayment pause

Let's walk through the debate about whether this falls within a president's power.

- Click here for the article. 

The White House is likely to announce a student loan relief plan as early as Wednesday that would forgive up to $10,000 for some borrowers and further extend the current freeze on loan repayment, according to several people familiar with the plan.

The details of the highly anticipated plan remain in flux, those people cautioned. The White House has been considering for months canceling $10,000 for borrowers who make $125,000 or less annually.

But the intense internal deliberations over debt relief resumed in recent days as the Biden administration stared down a self-imposed deadline for addressing the issue. The pandemic-related moratorium on interest and payments, which started in March 2020 in the Trump administration and has been extended four times by President Joe Biden, is set to expire Aug. 31.

The administration is widely expected to, at a minimum, extend the student loan freeze to avoid having tens of millions of borrowers receive bills just before the midterm elections. A wide swath of congressional Democrats has urged the White House to continue the freeze until at least the end of the year.

The White House has struggled for more than a year over the issue of student debt cancellation. During his campaign, Biden promised to forgive up to $10,000 for all federal student loan borrowers and has been under immense pressure from progressives to stick with that pledge.

Many of the key parts of the student debt cancellation plan appear to be undecided, including which loans and borrowers would qualify. White House officials have debated an income cap of $125,000 as a way to blunt criticism that a forgiveness policy helps higher-earning individuals. But it was not clear exactly where the final threshold will be set.

Education Department officials, awaiting a final decision from the White House, have developed plans to implement whatever Biden ultimately decides. The department has been studying ways to automatically provide as much relief as possible without requiring borrowers to fill out an application form.

Terms:

- White House
- debt relief
- Biden administration
- midterm elections
- congressional Democrats
- student debt cancellation
- federal student loan borrowers
- progressives
- Education Department
- loan servicing companies
- federal student loans
- Student Loan Servicing Alliance

From Politico: Appeals court temporarily blocks subpoena to Graham in Georgia election-fraud probe

A good look at extra-constitutional judicial processes.

I'll try to build up a timeline at some point.

- Click here for the article.  

A federal appeals court gave Sen. Lindsey Graham a temporary win early Sunday, ruling that he doesn’t have to comply for now with a subpoena from an Atlanta grand jury demanding that he testify Tuesday about his role in an effort to pressure Georgia officials to change the results of the 2020 presidential election.

The 11th Circuit Court of Appeals blocked the subpoena at Graham’s request Sunday, after a federal district court judge in Atlanta turned down the South Carolina Republican’s bid to avoid testifying on the grounds that the local grand jury is intruding on legal protections he enjoys as a federal lawmaker.

A federal appeals court gave Sen. Lindsey Graham a temporary win early Sunday, ruling that he doesn’t have to comply for now with a subpoena from an Atlanta grand jury demanding that he testify Tuesday about his role in an effort to pressure Georgia officials to change the results of the 2020 presidential election.

The 11th Circuit Court of Appeals blocked the subpoena at Graham’s request Sunday, after a federal district court judge in Atlanta turned down the South Carolina Republican’s bid to avoid testifying on the grounds that the local grand jury is intruding on legal protections he enjoys as a federal lawmaker.

The appeals court said in a two-page order that Graham’s attorneys and prosecutors for Fulton County District Attorney Fani Willis needed to flesh out arguments about whether Graham is entitled to have the federal courts place legal guardrails on the questioning Graham could face. The 11th Circuit panel’s order said that those arguments should be presented first to U.S. District Court Judge Leigh Martin May, who issued a ruling last week rejecting the arguments Graham’s team raised under the Constitution’s speech or debate clause — which immunizes lawmakers from most legal consequences for actions relating to their lawmaking responsibilities.

Investigators have said they want to query Graham about two phone calls he had with Georgia election officials in late 2020, at the same time Trump was attempting to subvert his defeat. Graham has acknowledged discussing with the officials the state’s process for counting absentee ballots.

His attorneys have argued that those conversations pertained to his official duties as a senator, but May ruled there were indications that the exchanges went beyond “legislative fact-finding.”

Terms:

- federal appeals court
- Sen. Lindsey Graham
- subpoena
- Atlanta grand jury
- testify
- 2020 presidential election.
- 11th Circuit Court of Appeals
- blocked the subpoena
- federal district court judge in Atlanta
- South Carolina Republican
- legal protections he enjoys as a federal lawmaker.
- Graham’s attorneys
- prosecutors for Fulton County District Attorney Fani Willis
- legal guardrails
- U.S. District Court Judge Leigh Martin May
- “legislative fact-finding.”
- “Senator Graham has unique personal knowledge about the substance and
- Georgia election officials
- “limited remand”
- oral arguments
- legal briefs
- expedite
- three-judge panel
- appointee
- “partial quashal”
- “total” rejection of the subpoena
- criminal conduct
- county judge

The Speech and Debate Clause

The current focus of the effort's of a Georgia district attorney to subpoena U.S. Senator Lindsey Graham.

The clause can be found in Article One, Section Six of the U.S. Constitution. It reads as follows: 

They [U.S. Senators and Representatives] shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.   

It is intended to shield the legislature from the judiciary, which means that it is one of the many checks and balances within the U.S. governing system.

Background: 

- Constitution Annotated.

- Legal Information Institute.

- Wikipedia.

- Congressional Research Center.

Links 8/22/22

- Law of War.

- Magistrate.

- Presidential Records Act.

https://www.documentcloud.org/documents/20527880-dominion-v-fox-news-complaint

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm

From the Texas Tribune:

- U.S. Rep. Vicente Gonzalez and his wife defied property tax law for eight years by claiming two homestead exemptions.

- Texas Gov. Greg Abbott joins other key Republicans in supporting repealing the “tampon tax”.

- Texas public schools required to display “In God We Trust” posters if they are donated.

From Roll Call: Judge orders DOJ to prepare Trump search documents for release

More on the process involving the search of Mar-a-Lago.

- Click here for the article. 

A Florida federal magistrate judge on Thursday ordered the Justice Department to propose redactions in preparation for the potential release of the justification for searching former President Donald Trump's private club, Mar-a-Lago, for classified documents earlier this month.

Following a hearing with media organizations seeking the information’s release, Judge Bruce Reinhart gave the Justice Department until Aug. 25 to propose redactions on the affidavit that justified the search. Last week, Reinhart’s court released documents showing the Justice Department is investigating Trump for potential violations of espionage, mishandling of classified information and destruction of government records.

“As I ruled from the bench at the conclusion of the hearing, I find that on the present record the government has not met its burden of showing that the entire affidavit should remain sealed,” Reinhart wrote in a brief order posted Thursday.

Several media outlets, including ABC, The Associated Press, CNN, Gannett and The New York Times, argued for the judge to order that the affidavit that justified the search be unsealed. That affidavit contains the sworn statements from investigators that Reinhart signed off on earlier this month to kick off the search.

The companies argued that in such a high-profile case, the public should have the ability to learn the justification for the search.

“The affidavit of probable cause should be released to the public, with only those redactions that are necessary to protect a compelling interest articulated by the government,” the media companies wrote.

As part of Thursday’s order, Reinhart also unsealed several other documents from the case, including the government’s initial motion to seal the warrant application. The government had argued in favor of keeping the warrant sealed “because the integrity of the ongoing investigation might be compromised, and evidence might be destroyed.”

Lawfare: The Unlawful U.S. Killing of Ayman al-Zawahri

A legitimate or illegitimate use of power?

- Click here for the article.  

The recent killing of the most senior al-Qaeda leader in Afghanistan is another triumph of American exceptionalism over international law. U.S. President Joe Biden boasted that “justice” has been “delivered,” but he offered no explicit legal justification for the death of Ayman al-Zawahiri. Certain assumptions about its justification may be drawn from the U.S.’s previous expansive legal positions on counterterrorism, discussed below and in a previous Lawfare piece on the legality of the al-Zawahiri strike. However, the extensive and sympathetic western media coverage has largely omitted questions about its legality, illustrating how effectively the U.S. shapes the narrative of the war on terror. Almost a year after the U.S. withdrawal from Afghanistan, the legality of the killing has implications for the U.S.’s militarized “over the horizon” strategy for combating terrorism in Afghanistan.

The killing is most accurately described as extrajudicial execution or revenge murder designed to deter others from participating in terrorist groups. It is also another body blow to the “rules-based international order” that the U.S. demands others—but apparently not itself—respect. There are three reasons why the killing violates international law. First, it is not a lawful exercise of self-defense against any continuing armed attack by al-Qaeda, but a violation of Afghanistan’s sovereignty and the prohibitions on the use of force and intervention in a foreign state. Second, it is not authorized by the law of war, since there is no longer an armed conflict against al-Qaeda to which the law of war applies, and al-Zawahiri may not have been a military target in any case. Finally, it violates the right to life under international human rights law—an obligation that applies to a U.S. strike abroad of this kind.

Self-Defense
The Law of War Does Not Apply
Targeting al-Zawahiri Under the Law of War
International Human Rights Law

The U.S. finds itself in an awkward club of states that murder or assassinate abroad, including Russia, Saudi Arabia, and Israel. That the killing may be lawful under the U.S.’s absurdly wide 2001 Authorization for Use of Military Force, which purports authorizing perpetual global war against al-Qaeda irrespective of international law constraints, does not excuse U.S. violations of international law. In the same way, Russia cannot write its own rules for Ukraine, or China for the South China Sea, or Israel for occupied foreign territory, or Morocco for annexed Western Saharan territory. U.S. law does not rule the world.

Terrorists evading justice in safe havens like Afghanistan is a fiendish policy challenge, despite the raft of nonmilitary tools available to contain them, including intelligence and law enforcement cooperation, sanctions, collective action through the Security Council, diplomacy, and influencing their state sponsors through incentives, among others. Unilateral, extralegal solutions may appeal to powerful states that can pursue them with relative impunity, particularly where other states—often not victims of terrorism to the same extent—cannot be convinced to change the law.

Ultimately, however, summarily executing criminal suspects without trial, however unsavory they may be, is disturbingly lawless and unjustifiable. Vigilante justice discredits the U.S. and erodes its moral authority as a self-declared champion of a “rules-based international order.” It signals to other states that the rule book is only for the weak, and spawns lawlessness by others.

It is also counterproductive, evident in the deep radicalizing effects of other U.S. war on terror practices such as torture, enforced disappearances, drone strikes causing excessive civilian casualties, unfair military commissions, and indefinite detention at Guantánamo Bay. It tends to bring tactical victories without strategic success. The relative failure of two decades of counterterrorism in Afghanistan warrants more abundant caution about whether military responses to terrorism are necessarily the most effective long-term means of countering the threat.
. . .

GOVT 2305 Chapter One: Introduction

Government
Politics
Self-Rule
Democracy
Republic
Initiative
Referendum
Recall
Institutions
Equality
Equal Opportunity
Equal Outcome
Political Equality
Social Equality
Freedom
Negative Liberty
Positive Liberty
Conflict
American Exceptionalism
Ideology
Conservative
Liberal
Political Culture
Individualistic
Moralistic
Traditionalistic
Community
Religion

- Fed Chapter 1: American Political Culture.

government
autocracy
oligarchy
democracy
constitutional governments
authoritarian
totalitarian
limited participation
participation
political power
representative government
republic
direct democracy
pluralism
political knowledge
citizenship
political efficacy
immigration
diversity
race
ethnicity
religion
political culture
liberty
laissez-fair capitalism
equality of opportunity
political equality
popular sovereignty
majority rule
minority rights
ideology
conservative
liberal

Colonias in Texas

 - Texas AG: Colonias.

- Texas Department of Housing an Community Affairs: Background on the Colonias.

- Dallas Fed: WHAT IS A COLONIA?

- Colonias in Texas.

- Texas Commission on Environmental Quality: The TCEQ and Colonias.

- Texas SOS: Colonia Legislation in Texas.

Governor Richard Coke’s Second Inaugural Address, etc....

- Second Inaugural Address - edited. 

- Second Inaugural Address - full. 

- LRL: Speeches by Governor Richard Coke.

- TSHA: Richard Coke.

- Wikipedia: Richard Coke.

Aristotle's Politics (summary)

For more: 

- Tyranny, Democracy, and the Polity: Aristotle’s Politics.

In Our Time: S11/35 The Trial of Charles I (June 4 2009)

From the Texas Tribune: Nearly all unplanned chemical releases in Texas go unpunished

Passing legislation is one thing. Enforcing it is another.

- Click here for the story. 

On July 26, black clouds rose from flares at a Chevron Phillips chemical plant in Baytown after a power outage hit the plant and the surrounding area.

The company estimated in a preliminary report to the state that it released thousands of pounds of chemicals during the hourslong incident, including 17,500 pounds of carbon monoxide and 980 pounds and 280 pounds, respectively, of the carcinogens benzene and 1,3-butadiene.

It was one of 108 unplanned chemical releases, known as emissions events, the facility has reported since September 2015, records show. But only 11 of those leaks have been deemed illegal and resulted in penalties from the Texas Commission on Environmental Quality, or TCEQ.

Put another way, about 90% of the plant’s accidental releases have gone unpunished.

Chevron Phillips, it seems, has gotten off easy. But it’s not that simple.

Releases like Chevron Phillips’ may be smelly, unsightly and even terrifying, but not all exceed permitted limits and are illegal. It’s hard to know for sure because TCEQ data can be difficult to navigate. And in Texas, even polluters that break the rules often get the benefit of the doubt.

The TCEQ’s most recent enforcement report shows that Texas had 3,032 emissions events that unleashed a collective 39.4 million pounds of chemicals in fiscal year 2021, which ran from September 2020 through August 2021. TCEQ Executive Director Toby Baker concluded that only 23 of those releases were “excessive” and worthy of enforcement. (Fiscal year 2021 saw a relatively low number of events due to the pandemic-related economic slowdown; the year before there were 4,257.)

Relevant terms:

- Chevron Phillips chemical plant
- Baytown
- emissions events
- penalties
- Texas Commission on Environmental Quality
- permitted limits
- TCEQ Executive Director Toby Baker
- Nikos Zirogiannis, a professor of environmental economics
- Indiana University
- Public Health Watch
- agency enforcement records
- affirmative defense
- Texas Sunset Advisory Commission
- voluntary, proactive compliance
- spokesperson for the TCEQ
- industry groups and events
- standard processes
- Harris County
- Galena Park
- Harris County Pollution Control Services
- University of California, Berkeley
- offset credits

Cromwell (1970) - Trial of King Charles I [HD]

From Roll Call: Often in sync, Nadler and Maloney split on these nine key votes

A look at factions within the Democratic Party.

- Click here for the article.  

Longtime Reps. Carolyn B. Maloney and Jerrold Nadler are facing off in a Democratic primary next week for New York’s 12th District after their current districts, which each has represented for nearly 30 years, were redrawn into one. The state lost a seat during reapportionment following the 2020 census.

Maloney and Nadler have each ascended the ranks of the Democratic caucus throughout their careers. Maloney chairs the Oversight and Reform Committee, while Nadler leads the Judiciary Committee.

A third candidate, attorney Suraj Patel, is also seeking the nomination. Patel challenged Maloney in 2018 and 2020 and came within 4 points of her in the last cycle.

Maloney and Nadler have each taken thousands of votes throughout their careers. On votes that split the parties, they’ve been reliable Democrats. The lowest party unity score notched by either lawmaker, as calculated by CQ, was when Maloney hit 90 percent in 2001. Since 1993, Nadler has had the higher party unity score every year except for 2009 and 2018.

There have been times when, voting in the same chamber on the same bills and amendments, they disagreed, but they’re rare, especially on major legislation. From 1993 through last year, CQ Roll Call editors have identified 388 House roll calls as “key votes” that helped define that year’s action. And on 353 of them, Nadler and Maloney voted the same, while Maloney did not vote on five and Nadler did not vote on three. 

Here are the highlighted votes: 

- 1994: Crime bill
- 2002: Defense budget increase
- 2002: Iraq war authorization
- 2002: Bankruptcy overhaul
- 2006: Fence along U.S.-Mexico border
- 2007: Prohibit job discrimination based on sexual orientation
- 2010: Prohibit transfer or release of prisoners from Guantanamo
- 2013: Yucca Mountain activities
- 2017: Disciplinary action at the VA

Currently each represents the following districts

- Carolyn B. Maloney: NY-14.
- Jerrold Nadler: NY-10.

New York lost a house seat following the recent reapportionment and these are being combined into one district. This explains the conflict.