Wednesday, August 30, 2023

 https://www.houstonchronicle.com/politics/texas/article/judge-texas-preemption-law-unconstitutional-18338300.php

 https://www.houstonpublicworks.org/current-watering-restrictions

More Texas news:

- Drag shows are protected by 1st Amendment, performers tell federal judge.

- Texas eighth graders will soon be required to learn about climate change. But not without a showdown over textbooks.

- Their water is undrinkable. So these West Texas residents have taken matters into their own hands.

- The U.S. government hoped companies would want to build wind farms off the Texas coast. No one did.

From the Texas Tribune: Texas National Guard member fires across Rio Grande, wounds Mexican citizen

One of the concerns of the framers of the U.S. Constitution was that individual states would provoke wars with other nations. It's doubtful that this incidence will do so, but you never know.

- Click here for the article.

A National Guard member on duty at the Texas-Mexico border in El Paso fired across the Rio Grande, injuring a 37-year-old Mexican man in Ciudad Juárez on Saturday night, according to the Texas Military Department and Mexican news outlets.

“On the night of 26 August, a National Guard Servicemember assigned to Operation Lone Star discharged a weapon in a border-related incident,” a spokesperson for the military department said in a statement. “The incident is under investigation. More information will be made available as the investigation progresses.”

According to El Diario, a Spanish language newspaper in Juárez, Darwin José García of the southern Mexican state of Veracruz initially told police he was migrant attempting to cross into the U.S. But the man later told reporters he was practicing a sport on the Mexican side of the Rio Grande around 8:50 p.m. Saturday while a group of migrants were crossing the river, according to the newspaper. García said he then heard shots and realized he had been shot in the leg, the newspaper reported.

Monday, August 28, 2023

This is a nice poetic sentiment, but it does not describe the reality of the U.S. and Texas Constitutional systems

They are both all about creating private property rights. It contains a point though.




__________

- What Are Property Rights, and Why Do They Matter?

- Texas Statutes (scroll down to property code).


Russian citizens ‘won’t dare’ accuse Putin of ordering Prigozhin’s death...

You might find this interview useful in understanding how the mass public behaves - especially how it follows the news - in an autocratic society (a society ruled by one person - like Vladimir Putin's Russia).

According to the man being interviewed, Russian's are not following the news about the war and are reluctant to express opinions about it, or many other issues. When asked, they repeat the official opinions they hear on television.

"They think of the right thing to say to be safe."

Does this also describe the United States and/or Texas? Might be worth a discussion.



What is a Constitution?

Definitions:

- Wikipedia

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity, and commonly determines how that entity is to be governed.

When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution. The Constitution of the United Kingdom is a notable example of an uncodified constitution; it is instead written in numerous fundamental Acts of a legislature, court cases, or treaties.


- University College, London:

A constitution is the rule book for a state. It sets out the fundamental principles by which the state is governed. It describes the main institutions of the state, and defines the relationship between these institutions (for example, between the executive, legislature and judiciary). It places limits on the exercise of power, and sets out the rights and duties of citizens.


- Legal Information Institute

A constitution is the most fundamental law of a sovereign body. The term is capitalized only when referring to a specific constitution (e.g., U.S. Constitution, Texas Constitution, etc.).

In many cases, "constitution" refers to a single written document that explicitly creates government institutions, defines the scope of government power, and guarantees certain civil liberties.

Nonetheless, a constitution does not inherently need to be written. In the case of an unwritten constitution, the term might simply refer to the general structure of a certain government regardless of how it arose or evolved. For example, the United Kingdom does not have any written constitution.


- Constitution Net.

A constitution is a set of fundamental legal-political rules that:

(1) are binding on everyone in the state, including ordinary lawmaking institutions;
(2) concern the structure and operation of the institutions of government, political principles and the rights of citizens;
(3) are based on widepread public legitimacy;
(4) are harder to change than ordinary laws (e.g. a two-thirds majority vote or or a referendum is needed);
(5) as a minimum, meet the internationally recognized criteria for a democratic system in terms of representation and human rights.

Where are the tribes that once lived in Texas now?

This list of specific tribes comes from Inside Texas Politics: 



So what's happened to them? I've also linked you to pages containing further information about each tribe.


Kiowa
- TSHA.
- Wikipedia.

Where are they now? In 1867, the Kiowa were moved to a reservation in southwestern Oklahoma. Today, they are federally recognized as Kiowa Indian Tribe of Oklahoma with headquarters in Carnegie, Oklahoma. As of 2011, there were 12,000 members.


Osage
- Wikipedia.

Where are they now? In the 19th century, the Osage were forced by the United States to remove from Kansas to Indian Territory (present-day Oklahoma), and the majority of their descendants live in Oklahoma. In the early 20th century, oil was discovered on their land. They had retained communal mineral rights during the allotment process, and many Osage became wealthy through returns from leasing fees generated by their headrights. However, during the 1920s and what was known as the Reign of Terror, they suffered manipulation, fraud, and numerous murders by outsiders eager to take over their wealth.


Comanche
- Wikipedia.

Where are they now? Decimated by European diseases, warfare, and encroachment by Europeans on Comanchería, most Comanche were forced to live on reservations in Indian Territory by the late 1870s.


Jumano
- Wikipedia.

Where are they now? The last historic reference was in a 19th-century oral history, but their population had already declined by the early 18th century. Scholars have generally argued that the Jumanos disappeared as a distinct people by 1750 due to infectious disease, the slave trade, and warfare, with remnants absorbed by the Apache or Comanche. Hodge proposed that they had become part of the Wichita people.


Lipan Apache
- Wikipedia.

Where are they now? Many Lipan Apache descendants today are enrolled members of the Mescalero Apache Tribe in New Mexico. Other Lipan descendants are enrolled with the Tonkawa Tribe of Indians of Oklahoma and Apache Tribe of Oklahoma, also known as the Kiowa Apache or Plains Apache. Other Lipan Apache descendants live in Texas, New Mexico, Oklahoma, Arizona, and northern Mexico.


Wichita
- Wikipedia.

Where are they now? Today, Wichita tribes, which include the Kichai people, Waco, Taovaya, Tawakoni, and the Wichita proper (or Guichita), are federally recognized as the Wichita and Affiliated Tribes (Wichita, Keechi, Waco and Tawakoni).

Caddo
- Wikipedia.

Where are they now? The Caddo Confederacy was a network of Indigenous peoples of the Southeastern Woodlands, who historically inhabited much of what is northeast Texas, west Louisiana, southwestern Arkansas, and southeastern Oklahoma. Prior to European contact, they were the Caddoan Mississippian culture, who constructed huge earthwork mounds at several sites in this territory, flourishing about 800 to 1400 CE. In the early 19th century, Caddo people were forced to a reservation in Texas. In 1859, they were removed to Indian Territory.


Attacapan
- Wikipedia.

Where are they now? After 1762, when Louisiana was transferred to Spain following French defeat in the Seven Years' War, little was written about the Atakapa as a people. Due to a high rate of deaths from infectious epidemics of the late 18th century, they ceased to function as a people. Survivors generally joined the Caddo, Koasati, and other neighboring peoples, although they kept some traditions. Some culturally distinct Atakapan descendants survived into the early 20th century.


Tonkawan
- Wikipedia.

Where are they now? Today, Tonkawa people are enrolled in the federally recognized Tonkawa Tribe of Indians of Oklahoma.


Karankawa
- Wikipedia.

Where are they now? In the 1820s, Texan colonists arrived in their land under the leadership of Stephen Austin who commissioned a captain to expel the Karankawa from the Austin land grant, leading to multiple attacks, including the Skull Creek massacre of 19 Karankawa. By the 1840s, the Karankawa, now exiled, split into two groups, one of which settled on Padre Island while the other fled into the Mexican state of Tamaulipas. During 1858, Mexican rancher Juan Nepomuceno Cortina led a group of Mexicans and Texan colonists against what was believed to be Karankawa's last known refuge, killing many, and by 1891, the Karankawa ceased to exist as a functioning tribe.


Coahuiltecan
- Wikipedia.

Where are they now? After the Texas secession from Mexico, Coahuiltecan peoples were largely forced into harsh living conditions. In 1886, ethnologist Albert Gatschet found the last known survivors of Coahuiltecan bands: 25 Comecrudo, 1 Cotoname, and 2 Pakawa. They were living near Reynosa, Mexico.

__________

Sunday, August 27, 2023

From the Houston Chronicle: In first trial for feeding homeless outside Houston library, jury finds Food Not Bombs not guilty

Few seem to agree on how homelessness should be dealt.  

- Click here for the ordinance in question.

First, relevant terms and concepts: 

- trial
- jury
- ordinance
- City Council
- verdict.
- tickets, each seeking $254
- freedoms of expression and religion
- Houston city attorney Arturo Michel
- said in a statement emailed Sunday evening. “It is a
- health and safety issue
- the protection of Houston’s residents
- complaints and incidents
- jury selection
- officer
- Houston Police Department
- crime suppression unit
- Central Library
- exercising my constitutional right
- reasonable doubt
- permission
- poverty
- permission had been rescinded
- unanimous verdict: not guilty.

Click here for the article.

The first of a controversial series of tickets Houston has issued the volunteer group Food Not Bombs went to trial Friday. And before the end of the day, a jury found the volunteer, Phillip Picone, not guilty of violating city law for feeding those in need in front of the Central Library.

The ordinance was put in place by City Council in 2012 but largely had gone unenforced for over a decade, municipal records show. The city began issuing tickets after funding its own dinners at a police parking lot just outside the courthouse doors where the trial was being heard. Houston has declared that the lot is the approved public site for any group that wants to give away meals.

In an emailed statement, a city spokesperson explained that the meal program Houston is funding at the police parking lot is designed to use food to attract people to a place where they can engage with an array of services “on a reoccurring basis.”

“This is why we fight back,” Picone said after the verdict.

As of the hearing, Food Not Bombs had received 45 tickets, each seeking $254, for continuing to pass out meals at the library instead. Volunteers have argued that the law is immoral and violates their freedoms of expression and religion. Nine more tickets are scheduled for court Thursday and Friday.

“The City of Houston intends to vigorously pursue violations of its ordinance relating to feeding of the homeless,” said Houston city attorney Arturo Michel said in a statement emailed Sunday evening. “It is a health and safety issue for the protection of Houston’s residents. There have been complaints and incidents regarding the congregation of the homeless around the library, even during off hours.” The city has also decided to stop using the Central Library as an official cooling center during heat emergencies like the one unfolding this week.

During jury selection Friday, Picone’s lawyer, Paul Kubosh, explained the Houston law to potential jurors with slices of cake wrapped in cellophane.

One by one, he placed them atop a wooden partition separating him from the jurors, recalled two Food Not Bombs volunteers present. If he gave five slices to people in need, without permission of the property owner, he was fine, he said, according to the volunteers. If he gave six, he’d be violating the ordinance. And if he gave them to people who were not in need, that was also fine. (Kubosh is representing a number of people in Picone’s situation free of charge.)

The lawyer representing the city called up the officer who issued the ticket as a witness. Adam A. Ancira, an officer with 14 years of experience with the Houston Police Department, works with the crime suppression unit. He said he had gone to the Central Library the evening of March 3 because Lt. Jennifer Kennedy had told him to issue a citation for violating an ordinance against charitable feeding.

FOOD FIGHT: Houston just started enforcing a decade-old ban on feeding the homeless. Volunteers are fighting back.

Ancira body camera footage shows him getting out of his vehicle and handing Picone a sheet of paper as other volunteers stood nearby, at least one recording the scene. “Here’s your warning,” Ancira said. “You don’t feed the homeless.” He said they would issue one person a ticket and wait until the meal had concluded. “We’re not here to harass you or anything.”

"I'm exercising my constitutional right," Picone protests in the video.

After the video played, Ancira answered a series of questions. His arms were crossed, holding either side of his chest. “I’m human, too,” he said. “I like feeding the homeless, too. You just can’t do it there.”

TICKETS: Houston issued over 1,400 tickets to homeless for 'encamping' in 2022, up from 63 in 2018

He said the ticket in early March was the only time he had issued a citation for violating the charitable feeding ordinance. Since then, other officers have issued a ticket to a Food Not Bombs volunteer every Monday and Wednesday.

In his closing statement, Kubosh argued that there was room for reasonable doubt as to whether Picone had violated the ordinance. The group had been feeding people at the location for 12 years, and in 2012, then-Mayor Annise Parker gave them permission to feed the homeless there. That permission still lives on the city’s website. He argued that the police did not have the authority to give or take away permission, which opened room for reasonable doubt.

He ended with an appeal, not to the details of the ordinance, but to see the volunteers as people trying to do good. “People have a passion for things,” he said. “(The volunteers) have a passion for getting rid of poverty, and this is how they put it to work.”

Phillip Picone and Shere Dore fist bump after Picone is found not guilty for violating a Houston ordinance against giving free meals without permission from public property. Volunteers with the organization Food Not Bombs have wracked up over three dozen tickets for providing meals outside of the public library downtown.

The city's lawyer, who declined to give her name, argued that the warning the police had handed to volunteers made it clear that permission had been rescinded. She said that the idea that permission given in 2012 overrode the Houston Police Department’s notice “does not make sense.”

Shortly after, the jurors filed back into the room and issued their unanimous verdict: not guilty.

Picone turned toward two Food Not Bombs volunteers in the audience, Shere Dore and Tilal Ahmed, and smiled widely. Kubosh, who had thought of a verse from Proverbs when taking on the case — “Do not exploit the poor because they are poor and do not crush the needy in court” — later said he felt, at that moment, confirmed in his faith. The two officers who had been called as witnesses to the ticket had already left.

The courtroom stood as the jury exited, and Houston’s attorney thanked each juror for their service. Some smiled slightly as they filed out of the courthouse.

Saturday, August 26, 2023

What are the essential functions of government?

This might also make a good topic for a weekly written assignment.

A more general question might be "What is government for?"

The answer would vary depending on ideology, or political culture. 

These were the government services deemed essential by the U.S. Department of Homeland Security during the pandemic.

Do you agree with the list?

- Healthcare/Public Health
- Law Enforcement, Public Safety, and other First Responders
- Food and Agriculture
- Energy
- Water and Wastewater
- Transportation and Logistics
- Public Works and Infrastructure Support Services
- Communications and Information Technology
- Critical Manufacturing
- Hazardous Materials
- Financial Services
- Chemical
- Defense Industrial Base
- Commercial Facilities
- Residential/Shelter Facilities and Services
- Hygiene Products and Services

Relevant links: 

- Office of the Texas Governor:   Governor Abbott Issues Executive Order Implementing Essential Services And Activities Protocols.

- Department of Homeland Security: ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICALINFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE.

So this happened . . . (Municipal Infrastructure)

A leak has appeared in front of my house. Its the wet spot in the street. I know its a leak because it hasn't dried up, even when it was 109 degrees outside. 

It's likely that a water pipe beneath the street is leaking and the water is flowing up. It's also probably draining away the dirt and rocks beneath the street, so I may very have a large pothole soon. 
This is an infrastructure issue, and it falls under the authority of the city, specifically the public works department. 

This is a city thing - a municipality. It fits within the subject of local government, but one of the many different types that exist. By the way, if you don't live in a city, this service will be provided by the county. If it is provided at all. And these are funded by property taxes, as well as revenue drawn form water bills and sales taxes. 

I called 311 to report it and a few days later the blue flag appeared, and then the red marks appeared the day after that. I'm assuming that this will be a hole at some point soon allowing city workers to repair the water main. I may be without water for  while.

In case you are curious, the black spot across the road is one of my cats, chillin, diggin the scene, like cats do.  





Some links to put this sort of thing in context.

- Houston Public Works.

- 311 Home Page.

- Houston 311 Service Requests.

Friday, August 25, 2023

Federalism - From Alvin ISD: Required Postings

Different levels of government - and different agencies within those levels - require public schools in the Alvin Independent School District to make certain information available to the community. 

- Click here for the online info.

I copied and pasted them below.

Notice that the laws that require the posting of specific information is included.

ADMINISTRATIVE

District of Innovation (Texas Education Code § 12A.005(a)(1) and 19 Administrative Code 102.1305(3) and 102.1307(a)(1))
Notice of School Board Meeting (Texas Government Code § 551.056)
School Board Meeting Agenda (Texas Government Code § 551.056)
Archived School Board Meeting Recordings (Texas Government Code § 551.128(b-1)
Texas Academic Performance Report (19 Administrative Code 61.1022(f))
Campus Report Card (Texas Education Code § 39.362)
Performance Report for the District (Texas Education Code § 39.362)
Most Recent Performance Rating (Texas Education Code § 39.362 and Title I Part A, § 1116)
Definition of Each Performance Rating (Texas Education Code § 39.362)
Local Performance Ratings & Compliance Status (19 Administrative code 61.1023(h)
Annual Federal Report Card (20 U.S.C. 6311(h)(2)
Conflict Disclosure Statements and Questionnaires (Texas Local Government Code § 176.009)
Group Health Coverage Report and Plan (Texas Education Code § 22.004(d))
School District's Employment Policies (Texas Education Code § 21.204(d))
Employment Vacancies (Texas Education Code § 11.1513(d) and (e)
Highly Qualified Teachers (NCLB P.L. 107-110, Section 1119 (b)(1)(A))
Minimum Personal Leave Program (Texas Education Code § 22.003(c-1)
Alvin ISD Statement of Nondiscrimination
The Public Information Act


FINANCE

Landowner Bill of Rights (Texas Property Code § 21.0112)Energy Usage (Texas Government Code § 2265.001)
Proposed Budget Summary of Proposed Budget (Texas Education Code § 44.0041)
Adopted Budget (Texas Education Code § 44.0041)
ESSER Uses of Funds Plan


ACADEMIC

PSAT/NMSQT and Advanced Placement Tests (Texas Education Code § 29.916)
College Credit Programs (Texas Education Code § 28.010)
High School Graduation Plan (Texas Education Code § 28.02121)
Transition and Employment Guide (Texas Education Code § 29.0112)
IDEA Procedural Safeguards (20 U.S.C. § 1415(d)(1))


HEALTH

Policies for Physical Activity (Texas Education Code § 28.004)
Number of Times the District Health Advisory Committee has Met (Texas Education Code § 28.004)
Policy Regarding Vending Machines (Texas Education Code § 28.004)
District Policies on Tobacco Products (Texas Education Code § 28.004)
Parents can Request their Child's Physical Fitness Assessment (Texas Education Code § 28.004)
List of Required and Recommended Immunizations (Texas Education Code § 38.019)
District Health Clinics offering the Flu Vaccine (Texas Education Code § 38.019)
Department of State Health Services Internet Website (Texas Education Code § 38.019)
Procedure for Reporting Bullying (Texas Education Code § 37.0832(e))
Safe Return to In-Person Instruction and Continuity of Services (RIPICS) Plan

Lyrics in the News

I'm considering making this the topic of our next weekly written assignment


"Try that in a Small Town

Sucker punch somebody on a sidewalk
Carjack an old lady at a red light
Pull a gun on the owner of a liquor store
Ya think it's cool, well, act a fool if ya like
Cuss out a cop, spit in his face
Stomp on the flag and light it up
Yeah, ya think you're tough

Well, try that in a small town
See how far ya make it down the road
Around here, we take care of our own
You cross that line, it won't take long
For you to find out, I recommend you don't

Try that in a small town
Got a gun that my granddad gave me
They say one day they're gonna round up
Well, that shit might fly in the city, good luck

Try that in a small town
See how far ya make it down the road
Around here, we take care of our own
You cross that line, it won't take long
For you to find out, I recommend you don't

Try that in a small town
Full of good ol' boys, raised up right
If you're looking for a fight


Try that in a small town
Try that in a small town
Try that in a small town
See how far ya make it down the road
Around here, we take care of our own
You cross that line, it won't take long
For you to find out, I recommend you don't
Try that in a small town
Try that in a small town
Ooh-ooh
Try that in a small town


__________

"Rich Men North Of Richmond"

I've been sellin' my soul, workin' all day
Overtime hours for bullshit pay
So I can sit out here and waste my life away
Drag back home and drown my troubles away

It's a damn shame what the world's gotten to
For people like me and people like you
Wish I could just wake up and it not be true
But it is, oh, it is

Livin' in the new world
With an old soul
These rich men north of Richmond
Lord knows they all just wanna have total control
Wanna know what you think, wanna know what you do
And they don't think you know, but I know that you do
'Cause your dollar ain't shit and it's taxed to no end
'Cause of rich men north of Richmond

I wish politicians would look out for miners
And not just minors on an island somewhere
Lord, we got folks in the street, ain't got nothin' to eat
And the obese milkin' welfare

Well, God, if you're 5-foot-3 and you're 300 pounds
Taxes ought not to pay for your bags of fudge rounds
Young men are puttin' themselves six feet in the ground
'Cause all this damn country does is keep on kickin' them down

Lord, it's a damn shame what the world's gotten to
For people like me and people like you
Wish I could just wake up and it not be true
But it is, oh, it is

Livin' in the new world
With an old soul
These rich men north of Richmond
Lord knows they all just wanna have total control
Wanna know what you think, wanna know what you do
And they don't think you know, but I know that you do
'Cause your dollar ain't shit and it's taxed to no end
'Cause of rich men north of Richmond

I've been sellin' my soul, workin' all day
Overtime hours for bullshit pay

Supply and Demand - The mug shot publishing industry and the reputation management industry

Flip sides of a coin. We have (somewhat) a right to information, within limits. But we also have a right against defamation, again within limits. 

Two private industries have evolved to supply these competing demands.

- Click here for the Wikipedia for the mugshot publishing industry.

The mugshot publishing industry is a niche market of tabloid journalism in the United States. The industry consists of companies that publish mugshots and booking details of individuals arrested by law enforcement agencies. These companies publish the arrest information in tabloids, through local and multi-jurisdictional search websites. The related reputation management industry profits when individuals pay a fee to have their mugshot removed from one or more websites; often the same entity owns both the publishing site and the removal service, which has led to allegations of and lawsuits for extortionate practices and arrests of mugshot business owners on charges of identity theft, money laundering, and extortion. In 2018 the journal of the American Bar Association called the industry an "online extortion scheme."


- Click here for the Wikipedia for the reputation management industry.

Reputation management, originally a public relations term, refers to the influencing, controlling, enhancing, or concealing of an individual's or group's reputation. The growth of the internet and social media led to growth of reputation management companies, with search results as a core part of a client's reputation. Online reputation management, sometimes abbreviated as ORM, focuses on the management of product and service search engine results.

Ethical grey areas include mug shot removal sites, astroturfing customer review sites, censoring complaints, and using search engine optimization tactics to influence results. In other cases, the ethical lines are clear; some reputation management companies are closely connected to websites that publish unverified and libelous statements about people. Such unethical companies charge thousands of dollars to remove these posts – temporarily – from their websites.

This field of public relations has developed extensively, with the growth of the internet and social media the advent of reputation management companies. The overall outlook of search results has become an integral part of what defines "reputation" and reputation management now exists under two spheres: online and offline reputation management.

Land - History of Native Americans, and Indian Removal, in the United States

According Wikipedia anyway.

- Click here for the page

Here's the map they offer showing where the various tribes existed.





British and American policy - as well as Spanish, Mexican, and Texas - prioritized Indian containment and/or removal. Land was the most lucrative resource available. Aggressive measures were used to acquire and develop it.

- Click here for the Wikipedia on Indian Removal

Here is an image of removal from the Southeast.



Thursday, August 24, 2023

Due Process - What is a Mugshot?

Lots were taken and released yesterday, 8/23/23 (click here for them).

Why are they taken? Why are they published? Is it fair to do so? An arrest is not the same as a conviction. Do they punish the - still presumed to be - innocent?

- From Wikipedia:  

A mu- g shot or mugshot (an informal term for police photograph or booking photograph) is a photographic portrait of a person from the shoulders up, typically taken after a person is arrested. The original purpose of the mug shot was to allow law enforcement to have a photographic record of an arrested individual to allow for identification by victims, the public and investigators. However, in the United States, entrepreneurs have recently begun to monetize these public records via the mug shot publishing industry.

Photographing of criminals began in the 1840s only a few years after the invention of photography, but it was not until 1888 that French police officer Alphonse Bertillon standardized the process.


- Why Do We Use the Word Mug as a Synonym for Face?
.
The Mugshot Industry: Freedom of Speech, Rights of Publicity, and the Controversy Sparked by an Unusual New Type Business

Wednesday, August 23, 2023

From Teaching America: The Educational Background of the Framers (of the U.S. Constitution)

Almost everyone of them had an elite education, and intended suffrage to be limited to those with similar levels of education. 

This was accomplished with allowing states to use property ownership as a requirement to vote. The expansion of voting to non-property owning white males over 21 allowed wage earners to vote for the first time. This occurred in the late 1820s and facilitated the rise of Andrew Jackson and the creation of the Democratic Party.

Here is a description of the educational background of the people who wrote the original U.S. Constitution - prior to the addition of amendments. 

- Click here for article

The Delegates Arranged by School
Harvard
Elbridge Gerry (1762)
Rufus King (1777)
William Samuel Johnson (M.A. 1747)
Caleb Strong (1774)
George Washington (Honorary LLD 1776)

Yale
Abraham Baldwin (1772)
Jared Ingersoll (1766)
William Samuel Johnson (1744)
William Livingston (1741)
Roger Sherman (Honorary MA 1768)
William Livingston (Honorary LLD 1788)

College of New Jersey (Princeton)
Gunning Bedford, Jr. (1771)
William R. Davie (1776)
Jonathan Dayton (1776)
Oliver Ellsworth (1766)
William C. Houston (1768, M.A. 1771)
James Madison Jr. (1771)
Alexander Martin (1756, M.A. 1759)
Luther Martin (1766)
William Paterson (1763)
David Brearly (Honorary M.A. 1781)
John Dickinson (Honorary LLD)

Middle Temple (London)
John Dickinson (1757)
John Rutledge (1760)
John Blair (Juris Doctoris)
Jared Ingersoll (Juris Doctoris 1776)

College of William and MaryJohn Blair
James McClurg (1762)
John F. Mercer (1775)
William L. Pierce (attended)
Edmund J. Randolph (attended)

King’s College (Columbia)
Gouverneur Morris (1768, M.A. 1771)
Alexander Hamilton (attended)

College of Philadelphia (University of Pennsylvania)
Thomas Mifflin (1760)
Hugh Williamson (1757, M.A. 1760)
James Wilson (Honorary M.A. 1766)

Dartmouth
John Langdon (Honorary LLD 1805)
Newark AcademyJames McHenry (1772)
Inner Temple (London)William Houstoun (1776)
Oxford (England)Charles Cotesworth Pinckney (1764)
St. Andrews (Scotland)James Wilson
Glasgow (Scotland)Richard Dobbs Spaight (1778)
Edinburgh (Scotland)James McClurg (M.D. 1770)
College of Saint Omer (Netherlands)Daniel Carroll (1747)

Tutor or Professor
Abraham Baldwin
William C. Houston
James McClurg
Hugh Williamson
James Wilson
George Wythe




 https://thecrimewire.com/multifarious/Franca-Viola-the-Fearless-Woman-Who-Refused-to-Marry-Her-Rapist

 https://www.washingtonpost.com/politics/2023/08/22/republican-debate-vivek-ramaswamy/

Tuesday, August 22, 2023

Applying Military Strategy in Life - Microsoft Talk

Robert Greene studies power and its uses to dominate is various endeavors. He discusses military power in this talk, and states - at the beginning - that access to books that discussed military strategy were limited to elites. The Art of War specifically. 

Since these strategies can be useful to rebellion by non-elites, this limit makes sense. 

You might find the part between 0:40 and 3:50 interesting. 

True Threats - From Lawfare: Texas Woman Charged with Threatening Judge Chutkan

An Alvin resident made the news.

In 2305 we cover civil liberties, the First Amendment, Free Speech, as well as the court cases that have justified limits on speech. As we will see, while speech is protected, actions are not. The problem is that some speech promotes, or promises, harmful action. Is that types of speech protected? And if it isn't, how is it addressed? 

Here's a recent example.

- Click here for the article.

On Aug. 11, the U.S. District Court for the Southern District of Texas unsealed a criminal complaint charging Abigail Jo Shry with one count of violating 18 U.S.C. § 875(c) (transmission in interstate or foreign commerce of any communication containing a threat to injure the person of another). The complaint alleges that Shry left a voicemail for Judge Chutkan in which she made threats against the judge’s life.

At 7:51 p.m. on Aug. 5, Shry allegedly called Chuktan’s chambers and left a voicemail using a phone number that was traced back to her in Alvin, Texas. In the message, Shry used racial slurs against Chutkan and threatened to kill “anyone who went after former President Trump, including a direct threat to kill Congresswomen Sheila Jackson Lee, all democrats in Washington D.C., and all people in the LBGTQ community,” according to the criminal complaint. In an affidavit supporting the complaint, Shry later denied any plans to travel to Washington, D.C. or Houston to act on her threats but added that, if Sheila Jackson Lee came to Alvin, “then we need to worry.”


What is a True Threat?

- Wikipedia:

A true threat is a threatening communication that can be prosecuted under the law. It is distinct from a threat that is made in jest. The U.S. Supreme Court has held that true threats are not protected under the U.S. Constitution based on three justifications: preventing fear, preventing the disruption that follows from that fear, and diminishing the likelihood that the threatened violence will occur. There is some concern that even satirical speech could be regarded as a "true threat" due to concern over terrorism. The true threat doctrine was established in the 1969 Supreme Court case Watts v. United States.


- Constitution Annotated:

The Supreme Court has cited three reasons why threats of violence are outside the First Amendment—protecting individuals from the fear of violence, from the disruption that fear engenders, and from the possibility that the threatened violence will occur.

Texas Government Finance / From the Texas Comptroller's Office: Appropriated Funds/General Revenue Accounts

This appears to be a list of all the separate funds in the Texas treasury. It includes the ones that have been terminated.

A very useful resource for our look at the fiscal process in the state.

- Click here for it.

Monday, August 21, 2023

Government Revenue - From the Texas Tribune: Under new state law, Texas will bill electric vehicle drivers an extra $200 a year

This relates to the previous post. 

As more people use electric cars, fewer people will purchase gasoline, and less money will be collected by the state for highway construction and repair. They will still drive on highways though, so how can they be made to pay into the state highway fund?

Just charge them a flat fee every year.

Relevant terms: 

- state lawmakers
Senate Bill 505
- vehicle registration
- Texas agencies
- federal and state gasoline tax dollars
- State Highway Fund
- Texas Department of Transportation
- environmental and consumer advocates
- Environment Texas
- Texas Electric Transportation Resources Alliance
- Public Citizen’s Texas
- roads and bridges

- Click here for the article.

Earlier this year, state lawmakers passed Senate Bill 505, which requires electric vehicle owners to pay the fee when they register a vehicle or renew their registration. It’s being imposed because lawmakers said EV drivers weren’t paying their fair share into a fund that helps cover road construction and repairs across Texas.

The cost will be especially high for those who purchase a new electric vehicle and have to pay two years of registration, or $400, up front.

Texas agencies estimated in a 2020 report that the state lost an average of $200 per year in federal and state gasoline tax dollars when an electric vehicle replaced a gas-fueled one. The agencies called the fee “the most straightforward” remedy.

Gasoline taxes go to the State Highway Fund, which the Texas Department of Transportation calls its “primary funding source.” Electric vehicle drivers don’t pay those taxes, though, because they don’t use gasoline.

Still, EV drivers do use the roads. And while electric vehicles make up a tiny portion of cars in Texas for now, that fraction is expected to increase.

Many environmental and consumer advocates agreed with lawmakers that EV drivers should pay into the highway fund but argued over how much.

Some thought the state should set the fee lower to cover only the lost state tax dollars, rather than both the state and federal money, because federal officials may devise their own scheme. Others argued the state should charge nothing because EVs help reduce greenhouse gas emissions that drive climate change.

Government Revenue - I paid gasoline taxes today and saw this sticker

Motor fuels taxes actually. You've probably paid some also. You may have noticed the sticker on the pump. It tells how much is taxes in the federal and state levels

- Federal Tax: 18.4 cents per gallon
- Texas Tax: 20 cents per gallon. 

These are deposited in funds earmarked for highway construction and maintenance.

We will discuss both when we talk about government finance.




For more: 

- Wikipedia: Fuel taxes in the United States.

The United States federal excise tax on gasoline is 18.4 cents per gallon and 24.4 cents per gallon for diesel fuel. Proceeds from the tax partly support the Highway Trust Fund.


- Wikipedia: Highway Trust Fund.

The Highway Trust Fund is a transportation fund in the United States which receives money from a federal fuel tax of 18.4 cents per gallon on gasoline and 24.4 cents per gallon of diesel fuel and related excise taxes.[1] It currently has two accounts, the Highway Account funding road construction and other surface transportation projects, and a smaller Mass Transit Account supporting mass transit. Separate from the Highway Trust Fund is the Leaking Underground Storage Tank Trust Fund, which receives an additional 0.1 cents per gallon on gasoline and diesel, making the total amount of tax collected 18.5 cents per gallon on gasoline and 24.5 cents per gallon on diesel fuel. The Highway Trust Fund was established in 1956 to finance the United States Interstate Highway System and certain other roads. The Mass Transit Account was created in 1982.


- Texas Comptroller: Texas' Motor Fuels Taxes.

Texas motor fuels taxes generated more than $3.4 billion in fiscal 2015, making them the fourth-largest source of state tax revenue. Nearly all states, including Texas, use the bulk of this revenue for transportation projects. Under the Texas Constitution, after refunds and collection costs are subtracted, three-quarters of the state’s motor fuels tax revenue is used to build and maintain public roadways. The remainder goes to the state’s Available School Fund, which supports public education.


- Tax Foundation: Gas Tax.

A gas tax is commonly used to describe the variety of taxes levied on gasoline at both the federal and state levels, to provide funds for highway repair and maintenance, as well as for other government infrastructure projects. These taxes are levied in a few ways, including per-gallon excise taxes, excise taxes imposed on wholesalers, and general sales taxes that apply to the purchase of gasoline.


- TAMU: Gas Tax Facts.

- Sunset Review Commission: Texas Department of Transportation.

- Sunset Review Commission: Texas Department of Licensing and Regulation.

 

Sunday, August 20, 2023

Elections - From The Texas Tribune: Smaller Texas counties could face a poll worker shortage due to new state requirements

A useful story for state and local governments.

Elections are a state matter, given to the local governments (counties) to run.

Relevant terms: 

- Elections officials
- counties
- poll workers
- new requirements
- Legislature
- early voting.
- Local taxpayers
- Elections Administrator
House Bill 1217.
- rural areas
- bipartisan support
- municipal elections
- constitutional amendment elections
- March primary
- November general elections
- election judges
- tax assessor
- voter registration
- election supplies and equipment

- Click here for the article

Elections officials in some of Texas’ small counties, already strapped for resources, could face a shortage of poll workers in 2024 because of strenuous new requirements passed this year by the Legislature that force them to expand their hours and days for early voting.

The new law, authored by Rep. Valoree Swanson, a Republican from East Texas, requires all counties, regardless of population, to extend early-voting hours on weekdays and weekends. Large counties in the state already offered these extended hours, but now counties with populations of 55,000 or less must comply.

While the new law is intended to give voters in rural areas more convenience and opportunities to cast their ballots, the new requirements may be nearly impossible for some counties to pull off, election administrators told Votebeat. Local taxpayers will foot the bill for the extra costs, as the legislation provided very little additional funding.

In Llano County, a rural community northwest of Austin and home to Enchanted Rock State Park, Elections Administrator Andrea Wilson is worried she won’t find enough election workers to cover extended hours during early voting to comply with House Bill 1217.

During a legislative hearing on the bill in March, Swanson said her goal was to “make it better for our good people in rural areas.” Swanson, who represents a district in highly populous Harris County, said voters in rural areas may have to travel long distances to the polls, and the extended hours would give them more time to get there. The bill passed with bipartisan support. Swanson did not respond to a request for comment.

The number of required days and hours depends on the election. This November, when Texas is holding several municipal and constitutional amendment elections, the required hours are only slightly increased: The main early-voting location (typically the county courthouse or the elections office) must be open for 12 consecutive hours on the last two days of early voting — Thursday and Friday.

Next year, for the March primary and the November general elections, the main early voting location must be open for 12 hours every weekday during the last week of early voting. Additionally it must be open for 12 hours on the last Saturday and six hours on the last Sunday.

In small communities such as Llano County, which has just over 17,000 registered voters, the new mandates were “not well received” by longtime election workers who are older and physically would not be able to endure such schedules, Wilson said. Llano currently offers early voting from 8 a.m. to 5 p.m. Monday through Friday. Now some workers are considering not returning to work another election due to the new rules, said Wilson.

How to critically assess information

This will be a work in progress, but it's one of the things that a class like this is supposed to help you learn how to do.

Thomas Jefferson said so: A Bill for the More General Diffusion of Knowledge.

We will come back to this over the semester.

First: what is information?

Information:

. . . an abstract concept that refers to that which has the power to inform. At the most fundamental level, information pertains to the interpretation (perhaps formally) of that which may be sensed, or their abstractions. Any natural process that is not completely random and any observable pattern in any medium can be said to convey some amount of information.


Misinformation:

. . . incorrect or misleading information. It differs from disinformation, which is deliberately deceptive and propagated information. Rumors are information not attributed to any particular source, and so are unreliable and often unverified, but can turn out to be either true or false. However, definitions of the terms might vary between cultural contexts. Even if later retracted, misinformation can continue to influence actions and memory.

People may be more prone to believe misinformation because they are emotionally connected to what they are listening to or are reading. The role of social media has made information readily available to society at anytime, and it connects vast groups of people along with their information at one time. Advances in technology has impacted the way people communicate information and the way misinformation is spread. Misinformation has impacts on societies' ability to receive information which then influences our communities, politics, and medical field.


Disinformation:

. . . false information deliberately spread to deceive people. It should not be confused with misinformation, which is false information but is not deliberate. "Fake news" has sometimes been categorized as a type of disinformation, but scholars have advised not using these two terms interchangeably or using "fake news" altogether in academic writing since politicians have weaponized it to describe any unfavorable news coverage or information.

Where misinformation refers to inaccuracies that stem from error, disinformation is a deliberate falsehood promulgated by design. Misinformation can be used to create disinformation when known misinformation is purposefully and intentionally disseminated. Disinformation has been defined as "an adversarial campaign that weaponizes multiple rhetorical strategies and forms of knowing—including not only falsehoods but also truths, half-truths, and value-laden judgments—to exploit and amplify identity-driven controversies."

__________

Can we tell what information is valid, and what information is not - is meant to confuse or misdirect us. 

One of the best ways to do so is to know as much as possible about the material being discussed.

__________

For more info: 

Why Evaluate Information?

Evaluating Resources.

Information Literacy.

How do I assess information critically?

Saturday, August 19, 2023

From Harvard Law: A history of corruption in the United States

Appropriate for us. One of the concerns of the framers of the U.S. Constitution was corruption. They sought to contain it, which helps explain the design of the decentralized system it created. 

Here's a look at how they did so.

- Click here for the article

Harvard Law Today: You recently published a new working paper on anticorruption reform in U.S. history. What kinds of corruption was the United States facing during the late 19th and early 20th century, and how systemic was it?

Matthew Stephenson: Corruption was a serious problem in the United States in the late nineteenth and twentieth century. Indeed, one of the things that was so striking to me, as a non-historian who focuses mainly on corruption in the modern developing world, was how much the corruption problem in the U.S. a century and a half ago resembles the systemic corruption we see in modern developing countries. I don’t want to overstate the point. There are also a lot of important differences. But in the U.S. in the late nineteenth and early twentieth century, we find a number of forms of corruption that will be quite familiar to students of contemporary corruption.

First, there’s a lot of corruption associated with political machines, particularly though not exclusively in urban areas. The political machines provide jobs for supporters, who use their positions to generate illicit income for themselves and the party bosses, and mobilize voters to support the candidates backed by the machine. The machines also provide tangible benefits to voters to ensure their support.

Second, while the political machines tended to dominate local governments, the practice of buying and selling public offices, or using government appointments to purchase political support, was widespread at the national level as well. Third, wealthy business interests corrupted politicians to receive favorable treatment by the government, for example by offering legislators bribes, sometimes in the form of company shares or special privileges, to provide special benefits to companies, or to look the other way when private interests were siphoning off taxpayer funds. These sorts of corruption often involved government-supported infrastructure projects, especially railroads, and natural resource extraction.

The 2024 Money Primary - AKA the Invisible Primary

Some links for Fall 2023 students to help with this semester's essay.

- Wikipedia - Invisible primary:

In the United States, the invisible primary, also known as the money primary, is the period between (1) the first well-known presidential candidates with strong political support networks showing interest in running for president and (2) demonstration of substantial public support by voters for them in primaries and caucuses. During the money primary candidates raise funds for the upcoming primary elections and attempt to garner support of political leaders and donors, as well as the party establishment. Fund raising numbers and opinion polls are used by the media to predict who the front runners for the nomination are. This is a crucial stage of a campaign for the presidency, as the initial frontrunners who raise the most money appear the strongest and will be able to raise even more money. On the other hand, members of the party establishment who find themselves losing the invisible primary, such as Mitt Romney in the 2016 race, may abandon hope of successfully running.

During the invisible primary appeals are made and meetings held with the political elite: party leaders, major donors, fundraisers, and political action committees. In contrast to the smoke-filled room where a small group of party-leaders might at the last minute, in a small meeting room at a political convention, determine the candidate, the invisible primary refers to the period of jockeying which precedes the first primaries and caucuses and even campaign announcements.


- Brookings Institute: Tracking the invisible primary: Money can’t buy a presidential nomination.

As the old saying goes, money can’t buy you love — and it turns out it can’t buy you a presidential nomination either. The 2020 race for the Democratic nomination is a case in point. The winner of the nomination, Joe Biden, spent less than his chief rival — $108 million compared to the $200 million expended by Sen. Bernie Sanders. And in the crucial month of February 2020 before Biden won in South Carolina and captured the nomination days later on Super Tuesday — Biden had less money on hand than all the other candidates who qualified for the debate stage — $12 million. The 2020 Democratic nomination race also featured two billionaires — Tom Steyer, who spent $341 million of his own money and Mike Bloomberg, who spent $1.1 billion of his own money, which yielded very few convention delegates for either individual.

. . . These caveats aside however, money is one of the easiest ways to judge how an individual candidate is doing in the invisible primary because the law requires candidates to report how much they raise and how much they spend each quarter after they have filed. And it’s fair to say that while having gobs of money may not matter — having “enough” money to get around and mount a campaign is critical.

So, let’s look at the 2024 field so far. . . . 

 

Wednesday, August 16, 2023

The Harris County Budget

For 2024: Click here for it

Related stories: 

- Budget breakdown: what's in Harris County's spending plan for 2024.

- Harris County approves lower tax rate for fifth year in a row, $2.4B budget for 2024.

- Harris County: Budget Documents

From the Washington Post: University of Chicago agrees to $13.5M settlement in financial aid case

At the very least, this illustrates the use of the judiciary to address a civil grievance in federal court. 

Among the concepts implicit in this story are the following: 

- the judiciary.
- U.S. District Judge.
- State Attorney General.
- litigation.
- oligarchy / plutocracy.
- judicial federalism.
- class action lawsuit.
- conspiracy.
- plaintiff.
- defendants.
- price fixing.
- antitrust.
- federal financial aid.
- interest groups.

Click here for the article
Click here for a related article

The University of Chicago agreed this week to pay $13.5 million to resolve claims it conspired with 16 other elite schools — including most members of the Ivy League — to limit financial aid for admitted students.

It is the first defendant in the lawsuit, which was filed in Illinois federal court in January 2022, to settle. Attorneys for eight former students who brought the class-action lawsuit declined to discuss whether other agreements are in the works but said the deal with the University of Chicago is a critical step forward.

“This settlement … underscores once again the strength of the plaintiffs’ case and further shines the spotlight on the defendants who have not yet stepped up to do the right thing for their students and alumni,” said Robert D. Gilbert, managing partner at Gilbert Litigators and Counselors, which is representing the former students along with the firms Freedman Normand Friedland and Berger Montague. 
. . . The lawsuit alleges that 17 colleges and universities use a shared methodology to calculate financial need in a way that reduces institutional dollars to students from working- and middle-class families. Attorneys estimate that approximately 200,000 students have been harmed by the practice in the past 20 years.

The settlement would provide cash payments to the entire class, not just those who attended the University of Chicago.


__________

- FYI: Here is Chicago's endowment. They're gonna be ok. 

Monday, August 14, 2023

Weekly Assignments for Spring 2023

Just to squirrel these away: 

Week #1

GOVT 2305

If you were watching the news recently you would have seen conflict over who became speaker of the 118th House of Representatives. The position of speaker is the only house leadership position mentioned in the Constitution, but nothing is really said about it. It is based on a similar position in the British House of Commons which simply exists to oversee debate on the floor - not a minor task. There are no constitutional rules for how a speaker is selected, what they do, or even if they are a member of Congress. These rules have been developed by the house, and they evolve over time. 

The struggle over who becomes speaker is a result of power struggles within the house, and they can determine what can and cannot happen in that chamber over the next two years. The multiple votes that it took for a speaker to be elected during the first week of the 118th term was due to a small group of people - most affiliated with the House Freedom Caucus - to use their leverage to push for changes in House Rules that they believe will increase their power.

In the first written assignment I want you to learn about these changes and comment on how they may or may not alter the distribution of power within the House of Representatives. Who benefits from these changes? Who is weakened?  

GOVT 2306||

The Texas Legislature began its regular session on 1/10/23 and the House of Representatives selected its speaker. It was a much easier process than that in the U.S. House of Representatives. This is largely because power is distributed differently in the Texas House than in the U.S. House. 

I want you to explain to me how it is different, and why that lead to a different result. 

To get information, you might want to scan through the chapter on the Texas Legislature, but mostly I'd like you to read through the articles I've linked to in the following post: 

Catching up with the Speaker of the Texas House of Representatives.

You might want to approach this assignment by asking this question: What are the differences in the ways that power is distributed in the Texas House of Representatives as opposed to the U.S. House of Representatives. 

Hint: Explore the roles of parties in each.

__________

Week 2

This assignment is for both GOVT 2305 and 2306.

I want you to review the material I linked you to in the post on Aristotle's description of the six types of government. 

Click here.  

Which best describes us? There can be more than one answer. Whatever you decide, defend it. 

__________

Week 3

I assume you remember that you have a 1000 word essay assignment.

For a - possibly - guaranteed 100 points, Tell me how will you approach the question I gave you. 

Two conditions for full credit.

__________

Week 4

GOVT 2305

Social Media and Civil Liberties

You have a choice this time. This week we start looking at civil liberties, which includes protections for speech and protections from unreasonable searches and seizures. The first  is contained in the First Amendment of the U.S. Constitution and section 8 of the Texas Bill of Rights. The second is contained in the Fourth Amendment of the U.S. Constitution and section 9 of the Texas Bill of Rights

Here are your choices: 

Question 1 - Substantive Protections: Are Algorithms Free Speech?

The meaning of "speech" can be flexible. As we will see, it has been used to include unlimited political contributions. Does it also include the use of algorithms by social media companies? 

There are cases brewing which raise that question. Read through the following - in addition to anything else that you find useful, and address the question.

Are Algorithms Free Speech? An American Lawyer’s Perspective.
Algorithmic Speech and Freedom of Expression.
Facebook isn’t free speech, it’s algorithmic amplification optimized for outrage.
Speech Regulation by Algorithm.

Question 2 - Procedural Protections: Are Social Media Messages Protected by the 4th Amendment? 

New technologies have always posed problems for searches and seizures. They alter the relationship between law enforcement and the things they want to search for and where and how they want to conduct their searches. Social media is no different. 

I want to explore this issue. It may come in handy one day - you never know.

Is the Fourth Amendment ready for the internet: Accessing the social media evidentiary goldmine.
Are Social Media Messages Entitled to Fourth Amendment Protection?
Could Better Technology Lead to Stronger 4th Amendment Privacy Protections?
FOURTH AMENDMENTSEARCH AND SEIZURE.

GOVT 2306

Public Funding and Public Policy

I want you to describe to me the differences in how different public policies in Texas are funded. You don't have to get too far into the weeds on this since a full description would take volumes. But I would like you to get comfortable with the fact that each area has it's own unique source of funding. 

Use the following for info: 

The 2022-23 Texas Fiscal Size-Up

It's a large document that contains all the information relevant to the spending and revenue collection decisions made by the 87th Texas Legislature. Focus on figures 1 - 13. What can you make of it? 

Ask me any questions you have.

__________

Week 5

I'll add more, but for no I just want to get this out there.

Political polarization has increased over the past 2-3 decades. This means that the ideological gap between Democrats and Republicans has increased, leading some to suggest that compromise on public policy issues is more difficult to obtain. 

I want you to determine if this is true. 

Do some searching around and see where liberals and conservatives position themselves on civil liberties (if you are in 2305) and elections (if you are in 2306). This question also forces you to start thinking about public opinion.


GOVT 2305 

Civil Liberties and Political Polarization

[Hint: I found some good stuff by googling "civil liberties political polarization public opinion ideology"]

GOVT 2306 

Election Law and Political Polarization

[Hint: I found some good stuff by googling "elections political polarization public opinion ideology"]

__________

Week 6

Question: Does the Powell Memo help us understand contemporary politics in the United States and Texas?

I want you to read the Powell Memo. Click here for it.

It's a set of guidelines written in 1971 to the leadership of the business community in order to fight back against the political forces that sought to regulate them. 

I'd like you to describe briefly Lewis Powell's argument and his suggestions. The I'd like you to determine whether it appears that his suggestions were accepted. Does it help explain how politics is conducted today?

__________

Week 7 

cancelled

__________

Week 8

ChatGPT and me.

I want you to figure out how to use ChatGPT and use it to redo one of your previous written assignments. Pick whichever one you want. Then I want you to compare your answer with the one generated by ChatGPT. Are they the same? Are they different? If different, how? Comment on this.

OpenAI.
ChatGPT: how to use the viral AI chatbot that everyone’s talking about.

Have fun with this.

__________

Week 9

You have about 7 weeks before class is done. The 1000 word essay will be due sooner than you think. It might be a good idea to figure out what you want to write about and let me know. 

Thanks. :)

_________

Week 10

Here's the latest.

For GOVT 2305, click here.

Question: Will either bill violate the free speech clause in the U.S. Bill of Rights?

For GOVT 2306, click here.

Question: How is the Texas Legislature attempting to limit local control?

__________

Week 11

This is the next to last assignment.

Here are your questions: 

GOVT 2305: Is Dark Money a Threat to Democracy?

GOVT 2306: Is government in Texas more or less "democratic" than government at the national level?

These are opinion questions based on what you've learned so far this semester.

Blow me away

__________

Week 12

I'll get this out early. This will be the last written assignment. Let's have fun with it.

Read the two articles mentioned in this link: 

From LawFare: A Machine With First Amendment Rights.

I want you to ask ChatGPT if it has first amendment rights. Tell me what it says. Comment on it. Do you agree with its position or not?

You know how much to write by now, or do you??????

Friday, August 11, 2023

 https://www.washingtonpost.com/dc-md-va/2023/08/11/protective-order-hearing-trump-jan-6-evidence/

What is a representative? What is an administrator? What is a judge?

Representation, Efficiency, and Fairness

The Federal Courts

The U.S. Supreme Court

U.S. Case Law

U.S. Administrative Law

The Bureaucracy

Definitions

Britannica: Bureaucracy.

. . . specific form of organization defined by complexity, division of labour, permanence, professional management, hierarchical coordination and control, strict chain of command, and legal authority. It is distinguished from informal and collegial organizations. In its ideal form, bureaucracy is impersonal and rational and based on rules rather than ties of kinship, friendship, or patrimonial or charismatic authority. Bureaucratic organization can be found in both public and private institutions.

LII: Bureaucracy.

Bureaucracy is a term composed of bureau (meaning "writing desk" in old French) and -cracy (meaning "power" in Latin). A bureaucracy is a form of work organization. The historical meaning of the term refers to a body of non-elected government officials, but is nowadays understood as an administrative system used by corporations and public institutions.

As defined by Max Weber, a bureaucracy is a form of general organization characterized by the preponderance of rules and procedures that are applied impersonally by specialized agents.

Some critics explain that the formalism of bureaucracy can lead to a heaviness and rigidity of administrative action, and even a monopolization of power for the sole benefit of the interests of bureaucrats (those who work within a bureaucracy).


Wikipedia: Bureaucracy.

. . . a body of non-elected governing officials or an administrative policy-making group. Historically, a bureaucracy was a government administration managed by departments staffed with non-elected officials. Today, bureaucracy is the administrative system governing any large institution, whether publicly owned or privately owned. The public administration in many jurisdictions and sub-jurisdictions exemplifies bureaucracy, but so does any centralized hierarchical structure of an institution, e.g. hospitals, academic entities, business firms, professional societies, social clubs, etc.

There are two key dilemmas in bureaucracy. The first dilemma revolves around whether bureaucrats should be autonomous or directly accountable to their political masters. The second dilemma revolves around bureaucrats' responsibility to follow procedure, regulation and law or the amount of latitude they may have to determine appropriate solutions for circumstances that may appear unaccounted for in advance.

Various commentators have argued for the necessity of bureaucracies in modern society. The German sociologist Max Weber (1864–1920) argued that bureaucracy constitutes the most efficient and rational way in which human activity can be organized and that systematic processes and organized hierarchies are necessary to maintain order, to maximize efficiency, and to eliminate favoritism. On the other hand, Weber also saw unfettered bureaucracy as a threat to individual freedom, with the potential of trapping individuals in an impersonal "iron cage" of rule-based, rational control.