What Happens If You're Found Guilty Of Sedition?

- 18 USC 2384: Seditious conspiracy.

- Wikipedia: Seditious Conspiracy.

- NYT: Oath Keepers Leader Convicted of Sedition in Landmark Jan. 6 Case.

- Insider: What is the potential penalty if someone is convicted of 'seditious conspiracy'

Michael McDaniel, Director of Homeland Law at Cooley Law School, told Insider the case against the Proud Boys would likely carry with it the maximum sentence of 20 years, based on the magnitude of the attack on the Capitol on Jan. 6, 2021.

"To me, this was a textbook case," McDaniel said. "It was the fact that they were smashing windows, pouring into the Capitol, at exactly the time that the Senate is counting, under the election Control Act, they're counting the ballots of the electors from each state. That's what made this so egregious to me and made it seem seditious to me from the beginning."

The last time the United States prosecuted anyone under the seditious conspiracy law was in the case of the Hutaree militia in 2010, when nine members of the so-called "Christian Patriot" movement were arrested for plotting to kill police officers and attack additional officers at their funerals.

In the case of the Hutaree militia, defense lawyers argued the men were play fighting and their criticism of the government was protected under the First Amendment. A judge dropped the sedition charges before the defendants faced a jury, in part due to concerns about protected speech.

"There's been this theme ever since where the question is, were the individuals just criticizing the government?" McDaniels said. "Or were they discussing the conspiracy itself, was it a part of the illegal agreement?"

In order for the Proud Boys to be convicted of the seditious conspiracy charges, McDaniels said, four elements have to be proven in court.

"You have to have an agreement to carry out a criminal act. Secondly, it has to be criminal, it has to be illegal. Third, you have to knowingly participate," McDaniels said. "The prosecutor has to prove that the individuals who have been indicted now knew that this was an activity on behalf of everybody involved. And then there has to be some overt act, you have to be advancing the goal of the conspiracy."

__________

- From Lawfare: Seditious Kvetching: The Surprisingly Non-Trivial Defense in the Oath Keepers Prosecution.

- From Wikipedia: Sedition.

- From Wikipedia: Conspiracy.

- Seditious Conspiracy, The Smith Act, and Prosecution forReligious Speech Advocating the Violent Overthrow ofGovernment.

The Indian Child Welfare Act and Haaland v. Brackeen.

- Indian Child Welfare Act.

The Indian Child Welfare Act of 1978, enacted November 8, 1978), is a United States federal law that governs jurisdiction over the removal of Native American (Indian) children from their families in custody, foster care and adoption cases.

It gives tribal governments exclusive jurisdiction over children who reside on, or are domiciled on a reservation. It gives concurrent, but presumptive jurisdiction over foster care placement proceedings for Native American children who do not live on the reservation.

ICWA gives tribal governments a strong voice concerning child custody proceedings that involve Native children, by allocating tribes exclusive jurisdiction over the case when the child resides on, or is domiciled on, the reservation, or when the child is a ward of the tribe; and concurrent, but presumptive, jurisdiction over non-reservation Native Americans' foster care placement proceedings.

- Haaland v. Brackeen.

Haaland v. Brackeen is a pending Supreme Court of the United States case brought by the states of Texas, Louisiana, and Indiana, and individual plaintiffs, that seeks to declare the Indian Child Welfare Act (ICWA) unconstitutional. In addition to Haaland v. Brackeen (docket no. 21-376), three additional cases have been consolidated to be heard at the same time. Those cases are Cherokee Nation v. Brackeen, Texas v. Haaland, and Brackeen v. Haaland.

The matter originally came up in a Texas District Court on an adoption petition filed by Chad and Jennifer Brackeen. After their effort was challenged by the Navajo Tribe, the Brackeens brought suit in the U.S. District Court in Fort Worth. The Cherokee Nation, Oneida Nation, Quinault Indian Nation, and Morongo Band of Mission Indians intervened in the case. The U.S. District Court declared that the ICWA was unconstitutional and the case was appealed.

The Fifth Circuit Court of Appeals reversed the District Court in a panel opinion. The full court, on rehearing the case en banc, held that parts of the law, that set federal standards for lower and state courts, were constitutional; but that the parts of the law that required state agencies to perform certain acts were unconstitutional as a violation of the Tenth Amendment.

- Tribal Sovereignty.

Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate.[3] In the Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans.[3] Currently, the U.S. recognizes tribal nations as "domestic dependent nations"[4] and uses its own legal system to define the relationship between the federal, state, and tribal governments.

__________

For more: 

Scotusblog: Haaland v. Brackeen.

Oyez: Haaland v. Brackeen.

The Great Stink of 1858

What are the rights of labor?

- From the US Department of Labor: What Are Workers' Rights?

There is no single definition or definitive list of workers' rights. The International Labor Organization (ILO) identifies what it calls "fundamental principles and rights at work" that all ILO Members have an obligation to respect and promote, which are:

freedom of association and the effective recognition of the right to collective bargaining;

elimination of all forms of forced or compulsory labor;

effective abolition of child labor;

elimination of discrimination in respect of employment and occupation;

and a safe and healthy working environment.

The ILO has adopted – and supervises the application of – international labor conventions in each of these areas. Other important ILO standards deal with conditions of work, including wages and hours of work, but these standards are not considered "fundamental" or "core" conventions.

United States trade law adds “acceptable conditions of work” with respect to minimum wages, hours of work, and occupational safety and health to that list, calling them "internationally recognized labor rights."

- From Wikipedia: Labor Rights.

Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.

- NLRA and the Right to Strike.

Section 7 of the Act states in part, “Employees shall have the right. . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Strikes are included among the concerted activities protected for employees by this section. Section 13 also concerns the right to strike. It reads as follows:

Nothing in this Act, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right.

It is clear from a reading of these two provisions that: the law not only guarantees the right of employees to strike, but also places limitations and qualifications on the exercise of that right.

- How American Workers Lost the Right the Lost the Right to Strike, and Other Tales.

To paraphrase a veteran labor scholar, if you want to know where the corpses are buried in labor law, look for the "of course" statements in court opinions.1 By "of course" statements, he meant propositions that are announced as if they were self-evident, requiring no justification. Each year, thousands of law students read such statements in labor law casebooks. And each year, they duly ask themselves - prodded sometimes by the casebook's notes - how these conclusions could be justified in legal terms. But often there seems to be no answer, and the mystery continues.

This Essay recounts the origins of five such "of course" statements, each of which has had a devastating impact on the American labor movement.

The five statements are:

1) Of course, workers have no right of self-defense against employers that commit unfair labor practices.2

2) Of course, employers enjoy the right to permanently replace economic strikers. 3

3) Of course, the National Labor Relations Board has no power to deter unfair labor practices.4

4) Of course, employers may exclude union organizers from their property.5

5) Of course, employers may close operations out of "spite" against workers who choose to unionize.6

These statements all share one puzzling feature. In the accepted hierarchy of laws, only the United States Constitution can trump federal statutes.7 Yet each of these statements elevates the state common-law rights of employers over the federal statutory rights of workers. 

 

Possible Strikes

One aspect of labor policy

- From the Washington Post: As rail strike deadline nears, Biden calls on Congress to intervene.

With less than two weeks until a railroad strike deadline, President Biden called on Congress on Monday to impose a deal negotiated with help from his administration this year to avert a shutdown of the country’s freight railroads.

“I am calling on Congress to pass legislation immediately to adopt the Tentative Agreement between railroad workers and operators – without any modifications or delay – to avert a potentially crippling national rail shutdown,” Biden said in his statement on Monday evening.

That deal was recently voted down by four railroad unions representing most of the union members. The rail workers have said they are angry and frustrated that the deal lacked paid sick days or other substantial changes to an attendance policy that penalizes workers for taking time off while they are sick.

A rail strike could threaten the nation’s water supply, halt passenger rail travel and trigger major disruptions to the U.S. supply chain during the height of the holiday season, potentially worsening inflation. Already, some tech companies have begun rerouting cargo shipments from railroads to trucks in preparation for a potential shutdown.

- From the Texas Tribune: Fort Worth Star-Telegram journalists go on strike, citing unfair labor practices.

The newsroom’s union alleges the newspaper’s parent company, McClatchy, is not bargaining a contract in good faith. McClatchy is now owned by hedge-fund Chatham Asset Management. The union filed an Unfair Labor Practice complaint in August. McClatchy also has two other complaints against it – one for repudiation/modification of a contract and another for refusal to furnish information.

Of union card holding members, 21 of 23 went on strike Monday at the Star-Telegram, said Kaley Johnson, vice president of the Fort Worth NewsGuild. There’s 27 eligible union members in the newsroom.

The strike is two years in the making, said Johnson, a justice reporter for the Star-Telegram. She said McClatchy has refused to move on contract negotiations. Among the union’s proposals is a $57,500 wage floor. McClatchy countered with a $45,000 wage floor.

“What we and other McClatchy unionized papers have seen repeatedly is that McClatchy comes to the table and does not move at all,” Johnson said. “So we'll submit a proposal and they'll send us back their initial proposal, which sometimes is existing company policy, and then they'll do that again and again and again.”

The strike will not end until a fair contract has been reached, Johnson said. Under the National Labor Relations Act, employees who strike because of unfair labor practices cannot be fired or replaced while striking.

__________

Related topics: 

- Wikipedia: National Labor Relations Board.

The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935 it supervises elections for labor union representation and can investigate and remedy unfair labor practices.

- Wikipedia: National Labor Relations Act of 1935.

The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions.[1] The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.

The National Labor Relations Act seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers.

- Wikipedia: Collective bargaining.

Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs.

- Wikipedia: Unfair labor practices.

The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRB makes it unlawful for an employer to:

- interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists
- to dominate or interfere with the formation or administration of a labor organization
- to discriminate against an employee from engaging in concerted or union activities or refraining from them
- to discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings
- to refuse to bargain with the union that is the lawful representative of its employees

The Act similarly bars unions from:

- restraining or coercing employees in the exercise of their rights or an employer in the choice of its bargaining representative
- causing an employer to discriminate against an employee
- refusing to bargain with the employer of the employees it represents
- engaging in certain types of secondary boycotts
- requiring excessive dues
- engaging in featherbedding (requiring an employer to pay for unneeded workers)
- picketing for recognition for more than thirty days without petitioning for an election
- entering into "hot cargo" agreements (refusing to handle goods from an anti-union employer)
- striking or picketing a health care establishment without giving the required notice

Shannon- Henry Gross

Joseph Nye - On Soft Power

From the Texas AWWA: Houston, Texas: A Big City with a Growing Thirst for Drinking Water

Public policy analysis from the Texas Chapter of the American Water Works Association - a professional association. 

- Click here for the article. 

As the fourth largest city in the United States, Houston’s sheer physical size (a service area of 640 square miles) adds to the challenge of planning for its population in the years to come. The City of Houston’s Drinking Water Operations’ three major surface water plants and dozens of water wells (Department of Public Works and Engineering and Public Utilities Division) currently produce more than 146 billion gallons of drinking water which is distributed through over 7,500 miles of pipe each year.

Houstonians have long lived with what could be viewed as an overabundance of adverse physical characteristics. These add a multitude of complications to any calculus for Houston futurists.

. . . Because of land subsidence, Houston area city leaders were mandated to end the use of groundwater in Harris, Galveston and Fort Bend counties and convert to surface water instead. According to its website, the State of Texas created the Houston-Galveston Subsidence District in 1975. The Subsidence District provides guidelines for, and facilitates compliance with, the mandate. The agency’s mission is “to provide for the regulation of groundwater withdrawal throughout Harris and Galveston counties for the purpose of preventing land subsidence which leads to increased flooding.”

“In terms of subsidence issues, the City has been very successful in reducing dependency on groundwater at the present time; only 20 percent of the City’s water comes from groundwater. In the next several years, that percentage will be further reduced, so the City remains in compliance with subsidence district’s mandates,” stated Yvonne Forrest, City of Houston, Public Utilities Senior Assistant Director in a Texas Water Conservation Association (TWCA) Confluence article in 2016.

The conversion process to surface water is expected to be complete by 2025. It is anticipated that subsidence should be controlled in 2020 and halted by 2030.

The twin concerns—land subsidence and an exploding population—have become the two major drivers in the quest for additional surface water supplies for the City of Houston.

- Click here for the American Water Works Association.

- Click here for the Texas Chapter of the AWWA.

Introduction to the public policy process | US government and civics | K...

How City Water Purification Works: Drinking and Wastewater

Public Works. What is it?

The boil water notice in Houston is a consequence of a failure in its public works department - specifically the provision of safe drinking water . Providing public works - in this case safe drinking water to the entire city - is one of the basic functions of local government. It is also an example of a public good - meaning a good that is unlikely to be provided by the private sector, so the public sector steps in and does so. This type of public good is commonly called a social good, meaning that the private sector can provide it to those who can pay for it, but we tend to believe that it ought to be provided to all residents in the city. It helps promote public health and commerce, among other things. 

What is a good definition for public works? 

From the APWA:

- Public works is the combination of physical assets, management practices, policies, and personnel necessary for government to provide and sustain structures and services essential to the welfare and acceptable quality of life for its citizens.

. . . In the real world there is no one, ideal structure for a public works operation. Even though some public works services are considered “must haves” in every community, they may not be readily identified on a city organizational chart, or delivered in the same way, or to the same level, from one community to the next. In fact, some municipalities may not even have a department named public works.

. . . Although some functions are not common to every community, each of them will have such things as water, utilities, and trash collection—unquestionably. What is in question is by whom they are delivered. The traditional concept of public works is that governmental units provide the services, own the facilities, and are usually funded through taxation. However, the situation often is not that clear-cut today, and other models also exist, which include publicly owned corporations and partial outsourcing. It’s not uncommon for the private sector to be involved in delivering public works services as well. For instance, some communities may own a fleet of trash collection vehicles, but other communities will contract out that service to private companies. It’s also common for a municipal engineering division to plan and design large construction projects but to contract out the actual construction work.

- For more on The American Public Works Association (APWA), click here:

The American Public Works Association (APWA) serves professionals in all aspects of public works—a fact that sets it apart from other organizations and makes it an effective voice of public works throughout North America. With a worldwide membership more than 30,000 strong, APWA includes not only personnel from local, county, state/province, and federal agencies, but also private sector personnel who supply products and services to those professionals. Membership in APWA is open to any individual, agency, or corporation with an interest in public works and infrastructure issues.

As a comprehensive public works resource, APWA continues in its rich tradition of making a difference both on an individual and professional level. APWA is a not-for-profit, 501(c)(3) organization that prides itself on its ability to provide varied educational and networking opportunities that help public works personnel grow in their professionalism and improve the quality of life in the communities they serve.

- From the US EPA: Information about Public Water Systems.

Providing safe drinking water is a partnership that involves EPA, the states, tribes, water systems, and water system operators. The public drinking water systems regulated by EPA and delegated states and tribes provide drinking water to 90 percent of Americans.

A public water system provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year. A public water system may be publicly or privately owned.

- Houston Water.

- Pearland: WATER PRODUCTION & SURFACE WATER TREATMENT.

- Alvin: Backflow testing program.

- Brazoria County Water Departments.

- Northeast Water Purification Plant.

From NBC News: In the Mississippi Delta, a hospital anchors its community. Now it’s in danger of closing.

 A consequence of Mississippi's refusal to accept federal funding for health care.

- Click here for the article.

. . . the hospital’s financial decline has taken place as Mississippi remains one of 11 states not to adopt Medicaid expansion under the Affordable Care Act. Economists have estimated that the first year of increased Medicaid eligibility would bring $1.6 billion in federal funds to the nation’s poorest state.

Links - 11/28/22

- Treasury Bonds May Be 2022’s Coolest Investment. Here’s Why.

- Houston issues boil water notice for 2.2 million customers.

- Some Republicans are optimistic about enacting school choice in next year’s session — but it might not be so easy.

- TRP: The Legislative Priorities for the 88th Session (2023-2024) of the Texas Legislature.

- How it Happened - The 2008 Financial Crisis: Crash Course Economics #12.

- From the 60 Minutes Archive: Inside the Collapse.

- What is Epidemiology?

FTX Ethereum ($250 Million) being DUMPED! Crypto NIGHTMARE!

The road to regulating cryptocurrency

Cryptocurrency In 5 Minutes | Cryptocurrency Explained | What Is Cryptoc...

The Evolution of Federal Executive Agencies

What is a regulatory agency? 

A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a government authority that is responsible for exercising autonomous dominion over some area of human activity in a licensing and regulating capacity.

These are customarily set up to strengthen safety and standards, and/or to protect consumers in markets where there is a lack of effective competition. Examples of regulatory agencies that enforce standards include the Food and Drug Administration

. . . Regulatory agencies are generally a part of the executive branch of the government and have statutory authority to perform their functions with oversight from the legislative branch. Their actions are often open to legal review.

Regulatory agencies deal in the areas of administrative law, regulatory law, secondary legislation, and rulemaking (codifying and enforcing rules and regulations, and imposing supervision or oversight for the benefit of the public at large). The existence of independent regulatory agencies is justified by the complexity of certain regulatory and directorial tasks, and the drawbacks of political interference.

- From C-Span:

Regulatory agencies are a part of the executive branch and ensure the compliance of legislation. Each regulatory agency was created around a specific mission and is responsible for enforcing rules on certain issues and industries. This lesson explores costs and benefits of regulations and provides examples of six different regulatory agencies. These include the Federal Aviation Administration, the Federal Trade Commission, the Securities and Exchange Commission, the Food and Drug Administration, the Occupational Safety and Health Administration, and the Bureau of Alcohol, Tobacco and Firearms.

A list of independent regulatory agencies at the national level over American history: 

1887 - 1996 - Interstate Commerce Commission - The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads (and later trucking) to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including interstate bus lines and telephone companies.

1913 - The Federal Reserve System (often called "the Fed"), is the central bank of the United States. It conducts the nation's monetary policy by influencing the volume of credit and money in circulation. The Federal Reserve regulates private banking institutions, works to contain systemic risk in financial markets, and provides certain financial services to the federal government, the public, and financial institutions.

1914 - The Federal Trade Commission (FTC) enforces federal antitrust and consumer protection laws by investigating complaints against individual companies initiated by consumers, businesses, congressional inquiries, or reports in the media. The commission seeks to ensure that the nation's markets function competitively by eliminating unfair or deceptive practices.

1916 - The United States International Trade Commission (ITC) provides trade expertise to both the legislative and executive branches of the federal government, determines the impact of imports on US industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement.

1917 - The Selective Service System (SSS) is an independent federal agency operating with permanent authorization under the Military Selective Service Act. It is not part of the Department of Defense; however, it exists to serve the emergency manpower needs of the military by conscripting untrained men, or personnel with professional health care skills, if directed by Congress and the president. Its statutory missions also include being ready to administer an alternative service program, in lieu of military service for men classified as conscientious objectors.

1933 - The Tennessee Valley Authority (TVA), created in 1933, provides economic development to the Tennessee Valley, a region particularly affected by the Great Depression.

1933 - The Federal Deposit Insurance Corporation (FDIC) provides deposit insurance to depositors in U.S. commercial banks and savings banks. The FDIC was created by the 1933 Banking Act, enacted during the Great Depression to restore trust in the American banking system. Member banks' insurance dues are the primary source of funding.

1934 - The Securities and Exchange Commission (SEC) was established to protect investors who buy stocks and bonds. Federal laws require companies that plan to raise money by selling their own securities to file reports about their operations with the SEC, so that investors have access to all material information. The commission has powers to prevent or punish fraud in the sale of securities and is authorized to regulate stock exchanges.

1934 - The Federal Communications Commission (FCC) is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. It licenses radio and television broadcast stations, assigns radio frequencies, and enforces regulations designed to ensure that cable rates are reasonable. The FCC regulates common carriers, such as telephone and telegraph companies, as well as wireless telecommunications service providers.

1934 - The National Archives and Records Administration (NARA) preserves the nation's history by overseeing the management of all federal records. The holdings of the National Archives include original textual materials, motion picture films, sound and video recordings, maps, still pictures, and computer data. The Declaration of Independence, the US Constitution, and the Bill of Rights are preserved and displayed at the National Archives building in Washington, D.C.

1935 - The Social Security Administration (SSA) is the United States federal agency that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for these benefits, most American workers pay Social Security taxes on their earnings; future benefits are based on employee contributions.

1935 - The National Labor Relations Board (NLRB) administers the principal United States labor law, the National Labor Relations Act. The board is vested with the power to prevent or remedy unfair labor practices and to safeguard employees' rights to organize and determine through elections whether to have a union as their bargaining representative.

1947 - The Central Intelligence Agency (CIA) gathers foreign intelligence and provides national security assessments to policymakers in the United States. It acts as the primary human intelligence provider for the federal government. It is one of the principal members of the Intelligence Community, which is overseen by the Office of the Director of National Intelligence (ODNI), which is itself an independent agency.

1949 - The General Services Administration (GSA) is responsible for the purchase, supply, operation, and maintenance of federal property, buildings, and equipment, and for the sale of surplus items. GSA also manages the federal motor vehicle fleet and oversees remote work centers and civilian child care centers.

1950 - The National Science Foundation (NSF) supports fundamental research and education in all the non-medical fields of science and engineering.

1953 - The Small Business Administration (SBA) was created in 1953 to advise, assist, and protect the interests of small business concerns. The SBA guarantees loans to small businesses, aids victims of floods and other natural disasters, promotes the growth of minority-owned firms, and helps secure contracts for small businesses to supply goods and services to the federal government.

1958 - The National Aeronautics and Space Administration (NASA) is the federal government's space agency. It is responsible for the civilian space program as well as aeronautics and aerospace research.

1961 - The Federal Maritime Commission (FMC) regulates the international ocean transportation of the United States. It is charged with ensuring a competitive and efficient ocean transportation system.[19]

1961 - The United States Agency for International Development (USAID), which provides foreign aid and assists with international development.

1967 - The National Transportation Safety Board (NTSB) is responsible for civil transportation accident analysis in the US.[20] The NTSB investigates and reports on aviation accidents and incidents, certain types of car accidents, ship and marine accidents, pipeline transport accidents, and rail transport accidents.[21]

1970 - The Postal Regulatory Commission (PRC) was created in 1971 as the Postal Rate Commission and strengthened under the Postal Accountability and Enhancement Act enacted in December 2006. Provides regulatory oversight over the activities of the United States Postal Service.

1970 - The Environmental Protection Agency (EPA) works for state and local governments throughout the United States to control and abate environmental pollution and to address problems related to solid waste, pesticides, radiation, and toxic substances. The EPA sets and enforces standards for air, soil and water quality, evaluates the impact of pesticides and chemical substances, and manages the Superfund program for cleaning toxic waste sites.

1970 - The National Credit Union Administration (NCUA)

1971 - The United States Postal Service (USPS) is defined by statute as an "independent establishment" of the federal government, which replaced the Cabinet-level Post Office Department. The Postal Service is responsible for the collection, transportation, and delivery of the mails, and for the operation of thousands of local post offices across the country. It also provides international mail service through the Universal Postal Union and other agreements with foreign countries.

1971 - Amtrak (National Railroad Passenger Corporation) is a passenger railroad service that provides intercity service throughout the contiguous United States and parts of Canada.

1972 - The Consumer Product Safety Commission (CPSC).

1974 - The Federal Election Commission (FEC) oversees campaign financing for all federal elections. The commission oversees election rules as well as reporting of campaign contributions by the candidates.

1975 - The Commodity Futures Trading Commission (CFTC) regulates commodity futures and option markets in the United States. The agency protects market participants against manipulation, abusive trade practices, and fraud. Through oversight and regulation, the CFTC enables the markets to serve better their important functions in the US economy, providing a mechanism for price discovery and a means of offsetting price risk.

1975 - The Nuclear Regulatory Commission (NRC) was established by the Energy Reorganization Act of 1974 from the United States Atomic Energy Commission, and opened January 19, 1975. The NRC oversees reactor safety and security, reactor licensing and renewal, radioactive material safety, and spent fuel management (storage, security, recycling, and disposal).

1977 - The Federal Energy Regulatory Commission (FERC) is the United States federal agency with jurisdiction over interstate electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing, and oil pipeline rates. FERC also reviews and authorizes liquefied natural gas (LNG) terminals, interstate natural gas pipelines, and non-federal hydropower projects.

1979 - The Office of Special Counsel (OSC) is a permanent investigative and prosecutorial agency that operates a secure channel for federal whistleblower disclosures, protects federal employees from reprisal for whistleblowing, and enforces the restrictions of the Hatch Act on partisan political activity by government employees.

1986 - The Federal Retirement Thrift Investment Board (FRTIB) is one of the smaller Executive Branch agencies, with just over 100 employees. It was established to administer the Thrift Savings Plan (TSP), which provides federal employees the opportunity to save for additional retirement security. The Thrift Savings Plan is a tax-deferred defined contribution plan similar to a private sector 401(k) plan.

1996 - The Surface Transportation Board (STB) was created in the ICC Termination Act of 1995 and is the successor agency to the Interstate Commerce Commission. The STB is an economic regulatory agency that Congress charged with resolving railroad rate and service disputes and reviewing proposed railroad mergers. The STB is decisionally independent, although it is administratively affiliated with the Department of Transportation.

2002 - The Election Assistance Commission (EAC) was formed in 2002 to serve as a national clearinghouse and resource of information regarding election administration. It is charged with administering payments to states and developing guidance to meet the Help America Vote Act (HAVA) requirements, adopting voluntary voting system guidelines, and accrediting voting system test laboratories and certifying voting equipment. It is also charged with developing and maintaining a national mail voter registration form.

2011 - The Consumer Financial Protection Bureau (CFPB) is responsible for consumer protection in the financial sector. Its jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, other financial companies in the United States.

The Development of US Public Policy on the National Level

This entry is a companion to Executive Departments and Agencies.

Using the establishment of executive agencies as a guideline, this is a look at the areas of public policy dealt with by the national government. Recall that by the time the national government was created, state and local governments had already been established. Some had been around for a long time. Many cities were over 150 years old and had experience with the types of policies common to local areas, as well as individual citizens.

As we know from our look at the perceived deficiencies of the Articles of Confederation and other related documents, the national government was established to focus on policies which helped bind the nation together both economically and militarily. We also know that over time, the functions of the national government have expanded.

Here's a look at these areas of policy dated according to when each was established in an executive department. 

Diplomatic Policy - July 27, 1789 - The Department of State.
- Non-interventionism.
- Isolationism.
- Unilateralism.
- Multilateralism.
- Hegemony.

Defense Policy - August 7, 1789 / September 18, 1947 - Department of Defense. 
- Monroe Doctrine.
- National Security Act of 1947,
- Cold War.
- Containment.
- Great Powers.
- Superpower.
- Military budget of the United States.

Economic Policy - September 7, 1789 - The Department of the Treasury
- Fiscal policy.
- Monetary Policy.
- Protectionism.
- Free Trade.
- Tax Policy.


Communications Policy - February 20, 1792 -The United States Post Office Department.
- Post Offices.
- Post Roads. 


Land Management Policy - March 3, 1849 - The Department of the Interior.
- Land Ordinance of 1785.
- Bureau of Land Management.
- Public Land Survey System.
- Bureau of Indian Affairs.


Agriculture Policy - May 15, 1862 - The Department of Agriculture.
- Food and Nutrition Service.
- Supplemental Nutrition Assistance Program.
- National School Lunch Act.
- Special Supplemental Nutrition Program for Women, Infants, and Children.


Criminal Justice Policy - July 1, 1870 - The Department of Justice.

Business and Industrial Policy - February 14, 1903 / March 4, 1913 - The Department of Commerce.

Labor Policy - February 14, 1903 - / March 4, 1913 - Department of Labor.

Health Policy - April 11, 1953 / October 17, 1979

Welfare Policy - April 11, 1953 / October 17, 1979 

Education Policy - April 11, 1953 / October 17, 1979

Housing Policy - September 9, 1965 - Department of Housing and Urban Development.

Transportation Policy - April 1, 1967 - Department of Transportation

Energy Policy - August 4, 1977 - Department of Energy

Veterans Policy - March 15, 1989 - Department of Veterans Affairs

Homeland Security Policy - November 25, 2002 - Department of Homeland Security

Introduction to Labor Law: Module 1 of 5

From Vox: How one man quietly stitched the American safety net over four decades

A look at how some lobbyists focus on the needs of the poor and how they can achieve their objectives. 

- Click here for the article. 

When it comes to poverty in America, we have to hold two contradictory thoughts in our heads at the same time.

On the one hand, this is a country that leaves behind too many people. Our child poverty rate is high compared to our peer countries. Many Americans still don’t have enough to eat, a bed to sleep in, or health care for themselves or their families.

On the other hand, an accretion of government programs, built up over the last five decades, has created a semblance of a safety net where once there was none. Programs like the earned income tax credit, expanded greatly in the 1990s, put much-needed money in working poor people’s pockets every year. Food stamps, established in the 1960s but made more generous in later decades, have put food on the table for many families. The Affordable Care Act, though still patchy, has nonetheless provided health care for the previously uninsured.

This patchwork net isn’t perfect, but it has inarguably made a difference in the lives of millions of low-income people over the decades. And while many hands contributed to that net’s creation, one man is as responsible as anyone for pushing our sclerotic, fractious government in a more humane direction.

Robert Greenstein is not a household name. But for 40 years, he was one of the most powerful people in Washington, DC, with one of the most surprising jobs. He was the capitol’s de facto lobbyist for the poor, and he won countless fights that cumulatively directed hundreds of billions, if not trillions, of dollars to programs for low-income people. The odds are that you or someone you know got more services from the government — health insurance, more money, food assistance — because of his actions.

In 1981, Greenstein founded the Center on Budget and Policy Priorities, a think tank to provide rapid-fire analysis of tax and spending proposals, with a focus on how they affected low-income people. Over four decades, he built the Center up into one of Washington’s most influential institutions, insinuating it into the heart of the $6 trillion-plus annual federal budget process. Sen. Chris Van Hollen (D-MD), formerly the top Democrat on the House budget committee, told me that Greenstein and other Center staffers were in his office so much amid the 2011 budget fights it was like their “home away from home.”

How were the poor treated in the North American colonies?

- Wikipedia: English Poor Laws.

- English Poor Laws: Historical Precedents of Tax-Supported Relief for the Poor.

- The Labor Problem at Jamestown, 1607-18.

- Richman, Poorman, Beggarman, Thief: Down but Not Out in Colonial Virginia.

- Poor Relief in Early America.

- English Poor Laws of 1601.

- HOW THE ENGLISH POOR LAWS LED TO SOCIAL SECURITY.

What is the rule of law?

For more: 

- Wikipedia: Rule of Law.

The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders.[2] The rule of law is defined in the Encyclopedia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."[3] The term rule of law is closely related to constitutionalism as well as Rechtsstaat and refers to a political situation, not to any specific legal rule.

Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings.[7] John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions upon liberty. "The rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers. Aristotle wrote: "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws."[8]

The rule of law implies that every person is subject to the law, including persons who are lawmakers, law enforcement officials, and judges.[9] In this sense, it stands in contrast to tyranny or oligarchy, where the rulers are held above the law.

Monty Python - "Not Dead Yet" Scene (HD)

Regarding the functions of local government



- TDHSH: Death Records.

- Harris County: Personal Records.

- Wikipedia: Coroner.

- CDC: Death Investigation Systems.

- 'An Absolutely Fascinating' Local Government Job.

- Protecting And Preserving African-American Cemeteries In Texas.

- Cultural Competency in Local Government Cemetery Management.

- Our First Public Parks: The Forgotten History of Cemeteries.

From Politico: Dems get in array on future leadership after Pelosi departs

More on the process each party in the U.S. House is using to determine leadership for the 118th Congress.

- Click here for the article. 

House Democrats are increasingly likely to elect their troika of top leaders for the next Congress without any major confrontation, ensuring a show of unity as they enter the minority.

And it didn’t happen without some work: The caucus has quietly defused several potential conflicts that could have divided its members. Rep. Pramila Jayapal (D-Wash.), who’d been eyeing a shot for the No. 2 slot, is expected to run for reelection as chair of the Congressional Progressive Caucus instead of mounting a caucus-wide leadership bid, according to four people familiar with the situation.

That follows Rep. Adam Schiff’s (D-Calif.) decision to drop his bid for the No. 1 spot as he eyes a run for a Senate seat in California, clearing the way for current caucus chair Rep. Hakeem Jeffries (D-N.Y.) to run for minority leader unopposed.

Now top Democrats are working behind the scenes to head off a showdown between Rep. Joe Neguse (D-Colo.) and Rep. Pete Aguilar (D-Calif.) over Jeffries’ soon-to-be-vacant post, which both of them are seeking. Discussions are ongoing about Neguse staying at House Democrats’ messaging arm instead and perhaps running for a new position as its chair, according to three people familiar with the situation.

The quiet moves mean the ascension of Jeffries, Rep. Katherine Clark (D-Mass.) and Aguilar to the top three leadership spots next year is increasingly assured.

Criminal and Civil Justice - A Sample of Proposed Legislation to the 88th Texas Legislature

HB 792: Relating t.o the presence of a spiritual leader during the execution of a person.

HB 788: Relating to a task force to study access to legal services for persons with disabilities.

HB 786: Relating to a report by the Texas Department of Criminal Justice on dyslexia and illiteracy among inmates.

HB 782: Relating to authority of a court to reduce or modify a defendant's sentence.

HB 779: Relating to the issuance of certain warrants by statutory county court judges.

HB 781: Relating to prohibiting the transfer of firearms other than handguns to certain recipients; creating a criminal offense; increasing a criminal penalty.

HB 782: Relating to authority of a court to reduce or modify a defendant's sentence.

HB 769: Relating to the punishment for the offense of driving while license invalid.

HB 776: Relating to prohibited practices by physicians.

HB 772: Relating to corporal punishment in public schools.

HB 762: Relating to a prohibition on the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

HB 767: Relating to the entry into the Texas Crime Information Center of certain information regarding conditions of bond for stalking offenses.

Criminal and Civil Justice - Texas Statutory Code

Texas Penal Code: 

Texas Civil Practice and Remedies Code.

Texas Code of Criminal Procedure.

Criminal and Civil Justice - Basic Terms

What is justice? 

- the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments.

- just treatment of all members of society with regard to a specified public issue, including equitable distribution of resources and participation in decision-making.

What is criminal justice? 

- Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.

The criminal justice system consists of three main parts:

- Law enforcement agencies, usually the police
- Courts and accompanying prosecution and defence lawyers
- Agencies for detaining and supervising offenders, such as prisons and probation agencies.

In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society.

[I would add a fourth - the legislature, which decides what activities are legal and illegal, whether they are criminal or civil infractions, felonies or misdemeanors, and what the appropriate punishment is for them.] 

What is a felony? 

A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious.[1] The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added;[2] other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.

Common forms of violent crimes that lead to felony charges include:
- Murder.
- Voluntary manslaughter.
- Rape.
- Mayhem.
- Attempted murder.
- Assault with an attempt to rape, murder.
- Assault with a deadly weapon.

What is a misdemeanor? 

A misdemeanor (American English,[1] spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service.

Examples of misdemeanors include:
- Minor drug offenses, such as possession.
- Drunk driving.
- Petty theft, including shoplifting.
- Minor or simple assault or battery.
- Trespassing.
- Vandalism.
- Minor sex crimes, including solicitation, prostitution and indecent exposure.
- Resisting arrest.

Punishment.

Incarceration

Felonies: A felony conviction, like a misdemeanor conviction, may not result in time behind bars. But felonies carry potential imprisonment that ranges from time in prison (a year is often the low end) to life in prison without parole or even death. As with misdemeanors, states may also subdivide felonies by class or degree.

Misdemeanors: Many states classify misdemeanors under different categories depending on the seriousness of the crime and its punishment. In most cases, if a misdemeanor is not classified by a letter grade in the section defining it, the misdemeanor is classified as follows:

- Class A: if the maximum term of imprisonment authorized is one year or less but more than six months.
- Class B: if the maximum term of imprisonment authorized is six months or less but more than thirty days.
- Class C: if the maximum term of imprisonment authorized is thirty days or less but more than five days.

However, some states do not classify misdemeanors by categories. Thus, the sentencing is made on a crime-by-crime basis.

Additional Punishments: 

The consequences felons face in most states include:

- Disenfranchisement
- Exclusion from obtaining certain licenses, 
- Ineligibility to hold office in a labor union (a provision of the Landrum–Griffin Act of 1959)
- Exclusion from purchase and possession of firearms, ammunition, and body armor
- Ineligibility to serve on a jury
- Ineligibility for government assistance or welfare
- Removal (deportation) (if not a citizen)

What is civil justice?

- The civil justice system allows a person or entity (the plaintiff) to sue another person or entity (the defendant) over some form of harm or wrongdoing. If the court rules in favor of the plaintiff, they are typically awarded damages or a form of compensation from the defendant. Civil justice can encompass various legal disputes such as divorces, child support, class action lawsuits, employment rights, property claims, and personal injury, to name a few. The system is in place to help individuals hold others accountable for wrongdoing. However, civil cases do not involve prosecution or potential jail time, unlike criminal cases.

An overview of public policy in the City of Houston: The Houston Code of Ordinances and city departments

Houston Code of Ordinances: 

- ALCOHOLIC BEVERAGES
- AMBULANCES
- AMUSEMENTS
- ANIMALS AND FOWL
- ANTIQUE DEALERS, COMMON MARKETS, SCRAP METAL PROCESSORS, SECONDHAND RESELLERS AND RELATED BUSINESSES
- AUTOMOTIVE DEALERS AND AUTO WRECKERS
- AVIATION
- BUILDINGS AND NEIGHBORHOOD PROTECTION
- BURGLAR AND FIRE ALARM PROTECTIVE SERVICES
- CONVENTION AND ENTERTAINMENT FACILITIES DEPARTMENT
- EMERGENCY MANAGEMENT
- CIVIL SERVICE
- CONTRACTS
- MUNICIPAL COURTS
- FAIR HOUSING
- ETHICS AND FINANCIAL DISCLOSURE
- FLOODPLAIN
- FOOD AND DRUGS
- HEALTH
- STREET VENDORS
- LAKE HOUSTON
- LIBRARIES
- SPECIAL EVENTS
- PARKING
- MINI-WAREHOUSES
- MISCELLANEOUS OFFENSES AND PROVISIONS
- MANUFACTURED HOMES AND RECREATIONAL VEHICLES
- NOISE AND SOUND LEVEL REGULATION
- OIL AND GAS WELLS
- PARKS AND RECREATION
- PLANNING AND DEVELOPMENT
- POLICE AND FIRE PROTECTION
- PRISONERS AND PRISON FARM
- PUBLIC CHARITIES AND TRUSTS
- PUBLIC UTILITIES
- RAILROADS
- SOLID WASTE AND LITTER CONTROL
- STREETS AND SIDEWALKS
- STREET NAMES AND SITE ADDRESSES
- SUBDIVISIONS, DEVELOPMENTS AND PLATTING
- POOL AND SPA SAFETY
- TAXATION
- TRAFFIC
- VEHICLES FOR HIRE
- WATER AND SEWERS

City Departments.

- Administration and Regulatory Affairs.
- Houston Airport System
- Emergency Medical Services
- Finance Department
- Houston Fire Department.
- Fleet Management Department
- General Services Department
- Finance Department
- Health Department
- Housing and Community Development Department
- Human Resources
- Information Technology Services
- Legal Department
- Public Library
- Municipal Courts
- Department of Neighborhoods
- Office of Business Opportunity’
- Parks and Recreation Department
- Planning & Development Department
- Police Department
- Public Works
- Solid Waste Management

Texas Agencies as listed in the Fiscal Size-Up

Health and Human Services
- Department of Family and Protective Services
- Department of State Health Services
- Health and Human Services Commission

Education
- Texas Education Agency
- School for the Blind and Visually Impaired 
- School for the Deaf
- General Academic Institutions
- Health-related Institutions
- Texas A&M Service Agencies
- Higher Education Coordinating Board
- Higher Education Funds
- Community/Junior Colleges
- Lamar Lower-level Institutions
- Texas State Technical Colleges

Public Safety and Criminal Justice
- Alcoholic Beverage Commission
- Department of Criminal Justice
- Commission on Fire Protection
- Commission on Jail Standards
- Juvenile Justice Department
- Commission on Law Enforcement
- Military Department
- Department of Public Safety

Natural Resources
- Department of Agriculture
- Animal Health Commission
- Commission on Environmental Quality
- General Land Office and Veterans’ Land Board
- Low-level Radioactive Waste Disposal Compact Commission
- Parks and Wildlife Department
- Railroad Commission
- Soil and Water Conservation Board
- Water Development Board

Business and Economic Development
- Department of Housing and Community Affairs
- Texas Lottery Commission
- Department of Motor Vehicles
- Department of Transportation
- Texas Workforce Commission

Regulatory
- State Office of Administrative Hearings
- Texas Behavioral Health Executive Council
- Board of Chiropractic Examiners
- Texas State Board of Dental Examiners
- Funeral Service Commission
- Board of Professional Geoscientists
- Health Professions Council
- Office of Injured Employee Counsel
- Department of Insurance
- Office of Public Insurance Counsel
- Board of Professional Land Surveying
- Department of Licensing and Regulation
- Texas Medical Board
- Texas Board of Nursing
- Optometry Board
- Board of Pharmacy
- Executive Council of Physical Therapy and Occupational Therapy Examiners
- Board of Plumbing Examiners
- Board of Examiners of Psychologists
- Texas Racing Commission
- Texas State Securities Board
- Public Utility Commission
- Office of Public Utility Counsel
- Board of Veterinary Medical Examiners

ARPA

Regulatory Policy

What is Regulation? 

a: an authoritative rule dealing with details or procedure - Safety regulations

b: a rule or order issued by an executive authority or regulatory agency of a government and having the force of law - Merrian Webster.

A Regulation is an official rule. In the Government, certain administrative agencies have a narrow authority to control conduct, within their areas of responsibility. These agencies have been delegated legislative power to create and apply the rules, or "regulations". Derived from "regulate". - LII.

Regulation is broadly defined as imposition of rules by government, backed by the use of penalties that are intended specifically to modify the economic behaviour of individuals and firms in the private sector. Various regulatory instruments or targets exist. Prices, output, rate of return (in the form of profits, margins or commissions), disclosure of information, standards and ownership ceilings are among those frequently used. - OECD.

What is Regulatory Policy? 

Regulatory policy is formulated by governments to impose controls and restrictions on certain specific activities or behavior. Regulation is not only about rules of governing but also a concept in governance. In the discussion of the rise of “regulatory states” and “regulatory governance” in recent decades, the role of governments has shifted significantly from its positive functions in society to the growing use of regulation and monitoring to direct the state. Both state and non-state actors have been engaged in the control of social and economic practices. Concerns about regulation can sometimes be contradictory. On the one hand, regulation has been regarded as barriers to and constraints on a competitive market and business environment. On the other hand, there is a genuine need to regulate risks in a “risk society” and situations of market failure. - source.


- Regulations.gov. 
- Brooking: Regulatory Policy.
- Oxford: State Regulatory Policy.

________

- From the New York Times: Pressured by Biden, A.I. Companies Agree to Guardrails on New Tools.

Jamestown - life and labor in the Chesapeake

6 Types of Market Failures in Economics

Market Failure

- Wikipedia: Market Failure. 
- EconLib: Market Failures. 
- Britannica: Market Failure.

Week 13

What is Public Policy?

- What Is Public Policy?
- What is a Market?
- What is Market Failure?
- Private Goods, Market Failure, and Public Goods.
- Public Goods - What are they? What types exist?
- Federalism and Public Policy.
- Public Policy and the Enumerated Powers.
- State Political Culture.
- Fiscal Size-Up: Areas of Spending / State Agencies.
- Criminal Justice and Public Safety.

__________

Terminology: 

Public Policy
Public Goods
Externalities
Monopolies
Information
Federalism
National
- Commerce
- - Fiscal Policy
- - Monetary Policy
- Defense
Deficiencies of the Article of Confederation
Statutory Code
- delegated powers
- implied powers
States
- police powers
Texas
- Articles in the Constitution
Statutory Code
Fiscal Size Up
- areas
Local Government
Municipal Code of Ordinances

From the Texas Legislature Online: Proposing a constitutional amendment to foster economic development and job growth and to provide tax relief and funding for education and public safety by creating the Texas Gaming Commission, authorizing and regulating casino gaming at a limited number of destination resorts and facilities licensed by the commission, authorizing sports wagering, requiring occupational licenses to conduct casino gaming, and requiring the imposition of a tax.

Also know as SJR 17.

- Click here for it. 

Tragedy of the Commons │ The Problem with Open Access

From the New York Times: Cigars, Booze, Money: How a Lobbying Blitz Made Sports Betting Ubiquitous

A good look at how gambling policy is set.

- Click here for the story.

Representative John Barker, a cattle breeder, retired judge and chairman of one of the most powerful committees in the Kansas legislature, had a glass of 30-year Redbreast Irish whiskey in his hand and a Don Tomas cigar from Honduras in his mouth.

Both had been passed to him as he entered a party a few blocks from the State Capitol. It was co-sponsored by lobbyists who had recently turned to Mr. Barker for help legalizing sports betting in Kansas.

“They keep a special bottle for me up there — they know I like it,” he said of the lobbyists as he surveyed the crowded room. “I’m in my element when I have a whiskey and a cigar.”

It was the eve of the vote on Mr. Barker’s long-debated gambling bill, a muggy spring night in April. This was the latest stop in a relentless nationwide campaign to bring sports betting to tens of millions of mobile phones, in what has been the fastest expansion of legalized gambling in American history.

Less than five years ago, betting on sports in the United States was prohibited under federal law except in Nevada casinos and a smattering of venues in other states. Sports leagues argued that the ban safeguarded the integrity of American sports, while consumer watchdogs warned that legal gambling could turn fans into addicts. In countries like Britain, sports gambling free-for-alls had left trails of addiction.

But in 2018, the Supreme Court ruled that the federal prohibition was unconstitutional.

DraftKings and FanDuel, giants in the fast-growing field of fantasy sports, had already mobilized an army of former regulators and politicians to press for sports betting in state capitals. Soon, in a crucial reversal, sports leagues overcame their antipathy toward gambling, which they came to see as a way to keep increasingly distracted audiences tuned in. Casino companies also hopped on board.

It was a market, the industry hoped, that could be worth billions a year. And so they set out to seize it.

- From Wikipedia: Murphy v. National Collegiate Athletic Association.

- From Oyez: Murphy v. National Collegiate Athletic Association.

- From Scotusblog: Murphy v. National Collegiate Athletic Association.

__________

For more on the industry: 

- American Gaming Association.

- American Gaming Association: Advocacy.

- American Gaming Association: Responsible Gaming: Regulations and Statutes Guide.

Defense Policy / War - Defense Department

What is Defense Policy? 

A couple definitions: 

1 - One of the primary responsibilities of governments is to provide for the defense of their citizens and territories against threats from other state and non-state actors. Defense policy makers must make decisions on how best to deploy the military and civilian resources at their disposal to ensure the protection of their nations and their allies. - The Atlantic Council.


2 - Military policy (also called defence policy or defense policy) is public policy dealing with multinational security and the military. It comprises the measures and initiatives that governments do or do not take in relation to decision-making and strategic goals, such as when and how to commit national armed forces.

Military policy is used to ensures the retention of independence in national development and the alleviation of hardships imposed from hostile and aggressive external actors. The Defence Ministry (or a synonymous organisation) minister is the primary decision-maker for the national military policy.- Wikipedia.

- Constitutional Powers

- Military history of the United States.