State legislative activity as of right now

We will look at the three branches on the state level this week in 2306, which means we'll be looking at state activity across the nation. This sets us up for a specific look at the activities in Texas in the ensuing three week, we might also be able to get some sense of where the issues the Texas legislature is dealing with are similar and different from those elsewhere.

Here are a few stories about state legislative activity nationwide to get us going:

- Perhaps the best place to get going is the "Hot Topics and Features" section of the website of the National Conference of State Legislatures. They point out ongoing conflict associated with stand your ground laws, the need for stimulus plans independent of the national government, immigration proposals and the need to determine how to integrated state health insurance plans with those established by the Affordable Car Act.

- Here's a look at the partisan breakdown of state legislatures and governor's offices across the US. State legislatures - or at least the party members in each - are considering modifications to their electoral rules that would advantage their national party candidates.

- The Weed Blog got a big kick out of the fact that Marijuana Reform - and a huge leaf - was featured on the cover of State Legislatures magazine. These states - and potentially others - are setting up a conflict with the national government since they are legalizing something the US government still criminalizes.

- PhysBizTech discusses the number of telemedicine bills which have been introduced in states across the nation.

- Biotech firms do not want competition from generic drugs and are looking to state legislatures to limit competition from generic drug manufacturers. The ACA allows for generic drugs.

- While no gun control measures have been enacted, some state legislatures have begun formulating laws that would nullify national legislation.

- Several states are contemplating doctor assisted suicide laws.

- Immigration has dipped a bit as a topical issue in state legislatures, but still tops the list in many states across the nation.

- Food Safety News reports that a handful of states are also considering whether to allow the sale of raw milk.

That's a small handful of topical items on many state agendas. Some call states "laboratories of democracy" since they can each experiment with various ways to address public policy concerns - here's proof of such democracy in action.

Texas: not even in the top ten

The Washington ranks the ten most interesting states, for politics. Texas did not make the cut. No surprise since we're a one party state, but its hard not to get my feelings hurt.

Their number one state is dominated by one party also, so I'm not sure what's up. Anyway, drum roll: the most interesting state politics can be found in South Carolina:

1. South Carolina (courtesy of AmandaSC):

“Andrew Jackson. John C. Calhoun. Civil War. Fort Sumter. Confederate Flag. Ben Tillman. Strom Thurmond. Lee Atwater. First in the South. McCain vs. Bush. Lindsey Graham. Fritz Hollings. Charleston. Stephen Colbert. Appalachian Trail. Andre Bauer. Mark Sanford. Jenny Sanford. Nikki Haley. Tim Scott. Jim DeMint. Alvin Greene.

“Clearly South Carolina is the most interesting and has been for years. Where else can a person like Alvin Greene be connected by ‘six degrees of separation’ from statesmen like Andrew Jackson and John C. Calhoun, all by using relevant political persons/hot issues of the past 30 years? That’s right: Nowhere.

“After all, the quote that has been true for the past 150 years, as stated by former congressman and anti-secessionist James Petigru in 1860: ‘South Carolina: Too small to be a republic, too large to be an insane asylum.’”

They might have a point.

From the NYT: Over the Decades, How States Have Shifted

Here's a great interactive graphic showing how the states have swung from party to party since 1952.

State races v national races

Republicans are focusing more on state races than national races. The following article points out the advantage of doing so:

Of all election outcomes, state legislative races are the likeliest to have a direct impact on the lives of voters. But you wouldn’t know it from the national press. The morning after the 2010 elections, Americans woke up to headlines about a Republican landslide; most of those stories focused on Congress, where a new GOP House majority promised to fight President Barack Obama tooth and nail. What didn’t make so many front pages were Republicans’ historic victories at the state level, as the party wrested control of 21 house and senate chambers from the Democrats. North Carolina had its first Republican senate since 1870; Alabama hadn’t seen a Republican legislature since Reconstruction. Twenty states now had Republicans in charge of the senate, the house, and the governor’s office concurrently. 

While Republican members of Congress were focused on blocking the Democratic agenda, Republican state lawmakers began to drive the national policy debate. They wasted no time slashing social programs, weakening women’s reproductive rights and collective bargaining, and creating new barriers to voting rights. Taking their cues—and often the wording of their bills—from right-wing groups like the American Legislative Exchange Council and the Federation for American Immigration Reform, Republicans in the so-called laboratories of democracy began adopting a one-size-fits-all approach to issues from health care to labor to immigration.

Even if the media hasn’t figured out how much state races matter, it’s old news to conservative fundraisers. The sea change of 2010 didn’t happen by accident or Tea Party enthusiasm alone. The election served as an experiment in what big money can do in low-budget state races.

School vouchers likely to be on the agenda for the next Texas Legislative session.

From the Fort Worth Star-Telegram:

Voucher plans, in which some parents have access to state money to help send their kids to a private school, didn't play a big role in the 2011 legislative session. But for several sessions before that, vouchers were a perennial favorite of some of the conservative Republicans who held the top leadership posts and a voting majority in both legislative chambers.


So, how did voucher proponents manage to lose on that issue every year? Strong lobbying from public school teachers, wise legislative maneuvering by opponents and reluctance among some Republicans to fully embrace the idea all played a role.

Now a lot of things are different, maybe different enough to see a voucher bill approved and sent to Gov. Rick Perry.
The newspaper editorializes against them, stating that they will take money away from public schools, but they note that support for the program appears to be falling into place.

We cover education policy in 2306, so this might be a fruitful topic later this semester. This is a very likely future written assignment.

- Wikipedia: School Vouchers.
- NEA opposition to school vouchers.
- ADL opposition to school vouchers.
- School Choices: Issues and Arguments.
- Time: 5 myths about vouchers.
- Pro and Con from Balanced Politics.

Are state legislatures ignoring real problems for symbolic ones?

This author says yes, and its undermining self governance. The legislation (ultra-sound, anti-Sharia Law) is designed to placate special interests, not solve real problems.

The author is concerned that state legislatures are also attacking the independence of the judiciary:

Indeed, the past 16 months have seen persistent and pernicious efforts by state lawmakers to undermine the independence of the judiciary. I have written about this topic before as it relates to New Hampshire. But it's rampant all over. In Arizona, lawmakers angry about a state court's redistricting decision are trying to punish the state's judicial system by dramatically reducing the number of appellate judges from 22 to six. Meanwhile, in Maryland, Florida, Minnesota, and Tennessee, to name just a few states, conservative legislators are seeking to strengthen rules that would allow "commissions" to remove judges from office for unpopular decisions. Kansas has even managed a quinella, combining anti-judicial sentiment with the "birther" movement, by pushing a measure that would require judges to prove their citizenship.

The Constitution, the House and Gifford's Seat

If Gifford is incapacitated for a prolonged period of time, can she be removed from office and replaced? The Constitution does not allow for this, but Arizona has a law stating that it can.

The Limits of National Supremacy

A note on the selective enforcement of prohibition. A certain consequence of our federal design.

A Blast From the Past: Will the South Secede?

From the NYT, November 11, 1860.

On to Redistricting

As we've discussed in class, the biggest factor in this election was control of state houses following the census and reapportionment. Republicans peaked at the right time. They are in a position to draw district that will expand their influence far beyond their actual numbers in the electorate.

Third Party Watch

Tea Party Schmea Party.

The Best and Worst Performing State Economies

Digging into Texas' full economic picture raises questions about how well we are in fact doing.

Water Politics

The biggest story you've probably never heard of.