What Can Presidents Do?

People think, quite a bit according to the results of this online poll.

Large majorities of voters believe the president has considerable sway on a range of big issues such as inflation, interest rates, the federal deficit, taxes and more. Fully three-quarters believe the president has at least some influence over health care costs, for example. Sixty-nine percent can see the president making gasoline prices go up or down.

The problem is, it's just not true. Not only is government limited, the president heads only one of three branches which check and balance each other. Congress actually sets policy, and limits on government allow many decisions to be made by the free market.

It's not surprising that people have high expectations of what presidents can do given the amount of time we spend we spend focusing on him and the election to the office. But presidential power, with just a few areas of exception, is very limited. Perhaps the cynicism people feel about government has less to do with government's failures than with ignorance about its actual design and purpose.

That's why we have this class I suppose.

SOTUS 2008

Before too much time elapses, here are links to comments on the President's Final State of the Union Speech.

Q & A's from the Washington Post.
The Concord Monitor was not Impressed.
Democrats Liked it, says the NYT.
A Post Mortem from The Atlantic.

Looking Back on the Nuclear Option

Not long ago, Republicans in the Senate were talking about doing away with the filibuster as a tactic to defeat judicial nominees. It was called the nuclear option--though Republicans preferred to call it the Constitutional Option.

A collection of 14 moderate Senators--7 from each party, including John McCain--prevented the option from being deployed. Some Republicans are using this as an argument against McCain but Richard Bauer argues that they are being short sighted.

TAx Rebate Proposal Passes House

The U.S. House of Representatives voted 385-35 to approve a tax rebate for over 110 million Americans. The Senate is considering its own plan which must be reconciled with the House plan before being sent to the president for a signature. The overwhelming vote suggests that the bill is not likely to be vetoed.

The official name of the bill is the Recovery Rebates and Economic Stimulus for the American People Act of 2008, and the number is H.R. 5140.

This link takes you to the roll call vote, notice that Ron Paul voted against it. You can read his justification here. You can get full information about the bill from the Thomas, at the Library of Congress.

I'll post more info about the bill as it continues its march through the legislative process.

Vital Questions of the Day, Part One

Can a Sandwich Be Slandered?

The State of the Harris County GOP

This Houston Chronicle story featuring Harris County Judge Ed Emmett has him concerned that party's recent successful run might be at an end partly because they are getting lazy:

. . . Republicans in Harris County simply got too accustomed to winning.

Emmett said that when he moved to West University Place in 2003 after 14 years in Washington, D.C., he saw Republicans winning elections but also noticed "that they have gotten lazy, and I don't mean the candidates, I mean mainly the (campaign) consultants."

"I saw campaign brochures that, basically, you just put clip-art on, you put an 'R' after your name and you expect you are going to win. Well, those days are gone," he added.

In addition Republicans have to deal with a larger number of Hispanic voters who are likely to vote for Democrats and recent ethical problems involving the Harris County District Attorney.

Goals and Objectives for Quiz 2 2301 and 2302

These are the items I expect you to know by the end of next week if you are in my 2301 or 2302 classes.

2301:
You will know
The conflicts which led to the Constitutional Convention
the problems the Constitution was intended to solve
the proposed designs for the Constitution
The document’s basic outline
the principles underlying the Constitution
the importance of the separation of powers
the nature of the powers given to the national government, those reserved to the states, and the areas of ambiguity and dispute
the way that the Constitution is argued to check the violence of factions
the way that the Constitution makes ambition counteract ambition

2302:
You will know:
the role the legislature plays in the governing process
the struggle over the design in the convention
why congress is bicameral
the consequences of the bicameral congress
the problems associated with apportionment
the powers delegated to Congress
the constitutional and extra-constitutional checks Congress has on other institutions
the evolution of parties and committees
the relationship between members of Congress and their constituents
the unique nature of the Texas Legislature

Allow Me to Brag

In this clip from a Good Morning America interview with Matilda Cuomo--wife of Mario--about mentoring you'll hear her mention my wife (Shannon Bishop) and CASE, the after school program she developed around the 4:30 mark.

New Link: The Living Room Candidate

I added a new link in the "Elections" section. The Living Room Candidate has comprehensive collection of all of the campaign commercials run by the major party nominees for the general election. It also includes ads run for the candidates by outsider groups--like the Swift Boat Veterans ad that was not officially affiliated with the Bush campaign.

We'll run through these in 2301 when we cover campaigns, but we'll sneak a peak here and there.

. . . a more inclusive conservatism

Another good column from David Brooks today. Moderately conservative Republicans are supporting John McCain despite the fact that (more ideologically pure) conservative leaders are horrified about his possible nomination. Limbaugh thinks he will destroy the party. This author thinks he will capitulate to Democrats on every issue other than the war.

The irony of it all, says Brooks, is two fold. First, the sainted Ronald Reagan included both ideological conservatives and moderates in his administration, and second, McCain could actually win.

I see a parallel between current conservatism and liberalism in the sixties when after years of success, the movement began to splinter and warring factions competed over which was more ideologically pure. The battles weakened the movement and gave an opportunity for an emerging conservative movement to prosper. Conservative leaders might want to take heed, but they wont.

Executive Action on the Economy

After watching stocks tank around the world yesterday, while the markets took a day off due to MLK Day, the Federal Reserve attempted to to avert a similar downturn by drastically cutting interest rates 3/4 of a point.

This is what a singular exectuive is designed to do, respond quickly to crises. Recall that the president has also stated that he wants to create tax incentives, but this requires congressional approval which takes time. The question now is whether the rate cut will make a difference.

2302 TBA Quiz One Questions

These are the written questions for my 2302 TBA students. I expect at least two full paragraphs for each question. You will note that some will require some research. Simple Google searches will give you the information you need to answer the questions. The questions all concern the United States Constitution which can be found in the appendix of your American Government textbook.

1-In Federalist #51 James Madison states that each institution created in the Constitution has a will of its own. What does this mean and how does the constitutional design make them each independent of the other two?

2-Using current events, provide examples of how each institution is independent.

3-The system of check and balances works by providing to each institution “the necessary constitutional means and personal motives to resist the encroachments of the others.” That’s how Madison puts it. How does this work?

4-Again using current events, give recent examples of each institution checking the others.

5-Section Eight of Article One lists the delegated powers of the national government while the 10^th Amendment states that the rest of the powers are reserved to the states. Give current examples of controversies over laws on the national level and those on the state level.

6-What is the writ of the privilege of Habeas Corpus? Look for it in Section Nine of Article One. There have been controversies over it recently having to do with the treatment of detainees in Guantanamo. Outline the controversy.

7-Article Two lists the powers of the president. The fact that the executive powers are vested in one person has caused some to argue that the powers of the president can be expanded, perhaps indefinitely. This is called the unitary executive. Outline the controversies associated with this theory of executive power

8-Another recent controversy concerning executive power regards presidential signing statements. When a president signs a law, he generally issues a statement stating what he takes the law to mean. Some have argued that this power has been abused and that signing statements have been used as a way to ensure that the president does not have to follow laws he doesn’t want to. Outline the controversy.

9-Article Three states that the courts deals with what are called “cases and controversies.” What does this mean?

10-Article Three also states that judges and justices “shall hold their office during Good behavior.” Again what does this mean? How can we tell is a justice is behaving well?

Are Federal Taxes Constitutional?

Wesley Snipes' lawyers are arguing that they are not and that criminal tax evasion charges are groundless. One argument that has been made, unsuccessfully, is that the income tax (established in the 16th Amendment) is unconstitutional. The responses to this story in the Baltimore Sun give you a taste for these positions.

The more nuanced position apparently concerns interpretations of Section 861 of the Federal Tax Code which states what income is taxable--basically any income in case you were wondering. But advocates argue that it can be interpreted to tax "only income from specific types of commerce, all of which have some kind of connection to international commerce or federal possessions."

Not everyone agrees, which might suggest that we won be seeing any movies from Mr. Snipes for a while. Well maybe a prison movie.

2302 Quiz 1 Spring 2008

The first 2302 quiz will focus primarily on material we cover in class and the text of the Constitution in your American Government book's appendix.

Last week we covered some basic terminology, notably terms that we use to distinguish different governmental systems (autocracy, oligarchy, and democracy among others). The most important items concern basic principles within the Constitution, especially the separation of powers. As we read through the document Wednesday we will cover basic features of each separate institution it creates, in addition to the mechanism that each uses to keep each other in their place. We touched on this last week when we discussed the constitutional and extra constitutional checks each has on the other. All this is fair game for the quiz so be ready for them.

Be able to also answer questions about the powers of the national government (pay special attention to Article One Section Eight). We will also discuss state powers and the design features which make the Texas Constitution distinct from the U.S Constitution.

I anticipate spending 30-45 minutes covering this material on class before taking the quiz. The quiz will have 20 or 25 questions.

Priming the Pump

After trying to cheerlead the economy back to health, the president seems to have conceded that the economy is unhealthy and needs assistance. The question is what to do, as well as whether there is anything substantive that a president can do to fix an ailing economy.

In a rare show of bipartisanship, a quick $145 billion tax relief package will be passed with the hope that it will spur spending, which keeps businesses healthy and jobs intact. The question now is whether it will work.

How Voters Think

That's the title of a great column today by David Brooks.

It brings to the discussion of the current crazy primary season recent theories about decision making which suggest that though emotion plays a role in the decisions people make about candidates, emotional decisions are based on rational assessments of character. Each of the current candidates tap into something people react to within the two parties:

It is no accident that the major candidates in the Republican field are a pastor, a businessman and a war hero. These are the three most evocative Republican leadership models. Nor is it an accident that the Democratic race is a clash between a daughter of the feminist movement, a beneficiary of the civil rights movement and a self-styled proletarian. These are powerful Democratic categories.

Writers seem to increasingly see value in snap shot decisions, or at least not consider them completely irrational and the result of ignorance (think of the recent success of the book Blink). We may want to think this through when we consider Federalist objections to democracy.

It's Good to be on the Texas Supreme Court

It keeps you from being indicted for arson and obstruction of justice.

Now it seems that the foreman of the grand jury that stated that the Chuck Rosenthal, the Harris County District Attorney, did not want an indictment issued. They are pushing for another indictment.

Rosenthal is in hot water, as you may know, for other matters. Might this compound things for him? Is there collusion of some sort going on? This is Texas afterwll.

2301 Quiz 1 Spring 2008

The first 2301 quiz covers the first chapters of each of your textbooks, plus the Declaration of Independence which is at the back of your American Government textbook.

The purpose of the introductory lectures is to cover basic terminology so the first test will focus primarily on definitions. The point is to make sure that we can efficiently talk about government and politics. Pay close attention to the highlighted terms. Be clear about what "government," "politics," and "public policy" refer to plus related terms like "democracy."

The Texas textbook covers politics better than the American government does. Be especially prepared for questions about political culture. I wont ask many questions about the five principles of politics or the environment of Texas politics. Both are worth reading, but are less important than terminology at this point.

Be prepared for at least five questions about the Declaration of Independence. Understand the argument it makes, and how it makes it. Know the grievances. It wouldn't hurt to memorize as much as you can. Some questions will be fill in the blank.

Push Poll Watch

The Huckabee camp is apparently using push polls against McCain.

McCain supporters in South Carolina are asked if they know that McCain--who supports stem cell research "voted to allow scientific experiments to be done on unborn children."

This is an old tactic that worked before.

Stupid, but Constitutional

That seems to be the consensus on the Supreme Court as it rules today that New York state's method of selecting trial court judges gives strength to party bosses at the expense of fairness does not violate the constitution.

From the majority decision (as quoted in the Washington Post): "Party conventions, with their attendant 'smoke-filled rooms' and domination by party leaders, have long been an accepted manner of selecting party candidates," Scalia wrote.

More broadly, the opinion said, "A political party has a First Amendment right to limit its membership as it wishes and to choose a candidate-selection process that will in its view produce the nominee who best represents its political platform."

The case is New York State Board of Education v. Lopez.

Here is the transcript of the oral argument.
Read the opinion here.
The Docket, from Northwestern Law School.

Virginia v. Moore

The Supreme Court heard arguments yesterday on Virginia v. Moore yesterday. The case involves the application of the exclusionary rule which makes evidence seized in violation of the 4th Amendment inadmissible in court. But what in fact makes evidence inadmissible?

Moore was given a ticket for driving with a suspended license, but was also arrested and his hotel room was searched. The search produced 16 grams of crack cocaine, but the question is whether the nature of the search was legal according to the Constitution, or at least how the document is interpreted by the justices.

This is the question presented to the court: Does the Fourth Amendment require the suppression of evidence obtained incident to an arrest that is based upon probable cause, where the arrest violates a provision of state law?

Here's the docket. Here's commentary from Volokh Conspiracy and Crime and Consequences.

In class we may wish to discuss which is worse. Throwing out evidence when it is clear that someone has violated a statutory law or allowing the police to operate outside the bounds on constitutional law?

How Can You Confront a Dead Witness?

The Constitution, given its simplicity, creates dilemmas. The freedoms it establishes for the public can also make it more difficult for government to ensure justice. A constitutional government is designed to do both. Supreme Court cases often involve determining how this can be done in a particular case.

In the case of Giles v. California, the Supreme Court will have to determine whether the 6th Amendment right of for defendants to confront witnesses is waived if the defendant killed the witness who may have left some information that accuses the defendant of a crime. This is called forfeiture by wrongdoing.

Voter ID Laws

The Supreme Court heard arguments in two related cases: Crawford v. Marion County Election Board and Indiana Democratic Party v. Secretary Rokita on the constitutionality of Indiana's law requiring voter to show photo ID prior to voting.

Support or opposition breaks down along party lines. Democratic voters--who may be old or poor or homeless and may not have photo id's--may be unable to vote, Republicans don't have a problem with that of course. The constitutional question is whether a fundamental right is being unduly burdened (is it that difficult to get a picture ID?) or whether fairness of the electoral system is so tainted by these voters that picture ID's are necessary in order for elections to pass muster.

The Washington Post adds:

The problem with both sides of this debate is the absence of evidence. The Indiana Democratic Party and other critics of the ID requirement lodged their lawsuit before the law took effect; their "facial challenge" is based almost entirely on speculation and hypotheticals. Those in favor of the ID requirement also are on shaky footing. While preventing voter fraud is a legitimate governmental goal, the state failed to present any evidence that in-person voter fraud is or has been a significant problem. They say that proving voter fraud is exceedingly difficult and that this fact helps to account for the scant evidence.

Click for the oral transcript here.
Scroll down this link to get to the docket.

The New Deal Coalition?

Real Clear Politics argues that Hillary won NH because she has been able to revive the New Deal Coalition.

Why the Polls got it Wrong

Pollsters make a good living making correct predictions so they are justifiably concerned when they get an election wrong. Double digit projections of a Barack Obama candidacy did not pan out. Here are guesses about what happened.

New Hampshire no longer rotates the order at which names appear on the ballot, which meant that Clinton came before Obama and undecided voters have been found to be more likely to vote for names that come first.

People with racist beliefs are able to make racial decisions more safely in a secret ballot (New Hampshire) than in a public (Iowa). These people would also be less liekly to tell a pollster that they will not support a black candidate. This suppressed the Obama vote, and presumably would do so elsewhere.

The pollsters were right, but politics is so fast now (due to the internet's 24/7 news cycle) that opinions change rapidly. Factors like Clinton's crying enter into this. They also back and forth so it could well be that New Hampshire has swung back to Obama, or even Edwards.

Independents who would have voted for Obama did not feel the need to vote for him because of his win in Iowa, so instead voted in the Republican Primary for McCain, thus affecting two candidates. If New Hampshire had a closed primary, this would not have occurred.

Slate wonders if polling ought to be banned in these elections. Assuming you can.

On Huckabee and Economic Populism

If Rod Dreher is right, Huckabee's success so far among Republicans (as well as Ron Paul's I'd add) does not bode well for Wall Street. Each spouts a brand of economic populism not favored by the country club set.

For many years commentators have wondered why some lower class and middle class people voted Republican despite the fact that their economic platform (low taxes, low services, cuts in social programs, anti labor union, anti minimum wage) worked against their interests. The answer was that their commitment to the Republican social agenda outweighed these material concerns.

Turns out that economic interests were not being forgotten, just placed on the back burner.

Dreher points to this Pew Research Center poll from a few years back which spotted this rise in populism. The question now is how Wall Street will respond (a Michael Bloomberg candidacy most likely) and if this faction within the party might bolt to the Democrats if the Republicans do not respond to their needs.

Clinton, McCain

A link to the News Hampshire Primary results: Politico.com

The Wikipedia entry outlines its historical importance. So does the state's major newspaper.

Like Iowa it guards its first in the nation status, it may be its biggest tourist draw.

Electronic Voting Machines

The New York Times reports on problems with the machines. They turn out to be far more unpredictable than first anticipated.

Obama is the New Reagan

So says Andrew Sullivan.

Iowa Caucus Links

Before more time slips, here are links to sites with info about the Iowa Caucus in general and the results of last week's caucus in particular.

Iowa Caucus 2008
IowaCaucus.com
Iowa Caucus - Wikipedia

3 Week Mini

For prospective 2301 students, I've posted my syllabus for the 3 week mini.

Note that we will be reading selections from Plutarch's Lives. These will be assigned the first day of class.

TBA Finals

Here are the final exam questions for my TBA GOVT 2301 and 2302.

Write at least 500 words for each, but feel free to write more.

Final 2301 TBA

I want you to try to tie in all of what you have read this semester by analyzing the current state of the presidential race in terms of the concepts and topics covered in each section. Please note that this will require you to do a little of reading from newspapers, magazine, or online.

You may want to think of the following:

-What constitutional issues are at play?
-Are civil liberties or civil rights central to the campaign?
-What do we know about the primary election schedule?
-Will it have an impact on the eventual winner of either party’s nominee?
-What are we learning about both parties given who is running and how competitive each is?
-What are the polls telling us about each candidate and what the public thinks about them?
-Have any interest groups lined up behind any of the candidates?
-What media strategies are they using and how is the media treating each of them?

Those are just my ideas. Add whatever questions you think appropriate. You will be evaluated by the length, depth and comprehension of your work, as well as your ability to answer the question in terms of each of the topics covered in this semester's readings.

500 word minimum.

Final 2302 TBA

I want you to try to tie in all of what you have read this semester by analyzing how the national and state institutions are likely to be affected by the upcoming elections in 2008. What shifts might occur not just in who occupies each institution, but how will the behavior we note in each be affected? What might change? What might stay the same?

You will be evaluated by the length, depth and comprehension of your work.

500 word minimum.

A Meritocratic Corporacy

That's how David Brooks describes the evolution of China's government. The Harvard Alumni Association with an army.

Volunteer / Extra Credit Opportunity

Need a few extra points on your final? Block walk this week for Chris Peden this Saturday and write up a one page summary of what you did.

Give him a call at 281-996-8017

On Government and Marriage

Here's some intriguing history on the relationship between marriage and government. Marriage did not always need the stamp of approval of a governing agency. It became more imperative in the United States after the Social Security Act established that marriage licenses were necessary in order to determine who received a deceased spouses benefits.

Was this expansion unwarranted?

Thought Crimes

A thought crime bill is introduced in Congress.

Anti Dynastic Amendment

Grover Norquist proposes an amendment limiting family succession in elected office.

Is this really necessary? And is he just trying to keep Hillary out of the White House?

Layoffs at the Chron

Print media woes continue. The Houston Chronicle, under the radar, announces a reduction of 10% of its staff. Here's another link.

Will this affect the quality of the information Houstonians receive about local affairs, or can the blogs make up the difference? It's worth noting that the only real info about the cuts can be found in blogs, so maybe that makes the point.

The Alternative Minimum Tax

The Alternative Minimum Tax has been in the news because it is estimated to affect up to 25 million taxpayers next year. It was originally intended to affect only those with high incomes by not allowing deductions that had previously been ruled OK.

But increases in income due to inflation, and the fact that the tax is not indexed to inflation make the law applicable to middle income individuals. Democrats are hesitant to extend relief unless the lost revenue is matched by increased taxes on the wealthy, which of course the Bush Administration opposes. No one wants to talk about this apparently.

Review for 2302 Test 4

Terms, concepts etc...

public policy
the public policy process
constitutional issues
economic policy making
the prerequisites for a market economy
law and order
market failure
public goods
externalities
monopoly
anti trust policy
the problem of incomplete information
expropriation
eminent domain
homesteading
subsidies
contracting power
regulation
deregulation
monetary policy
Federal Reserve System
discount rate
reserve requirement
open market operations
federal funds rate
fiscal policy
taxation
progressive taxes
regressive taxes
redistribution
income distribution
budget deficits and surpluses
discretionary spending
mandatory spending
social policy
equality of opportunity
education policies
Northwest Ordinance of 1787
GI Bill of Rights
Elementary and Secondary Education Act
social welfare
Great Depression
Social Security Act
Fair Labor Standards Act
Earned Income Tax Credit
contributory programs
indexing
Medicare
noncontributory programs
AFDC / TANF
measn testing
Medicaid
SSI
food stamps
in-kind benefits
entitlements
arguments for and against the welfare state
foreign policy
democracy
Washington's address
the role of the President
the bureaucracy
DHS
CIA
Congress' role
executive agreement
unilateralism
multilateralism
diplomacy
military deterence
Bush Doctrine
treaty making
IMF
roles nations play
Napoleonic role
holy alliance role
balance of power role
economic expansion role

Review for 2301 Test Four

The following should help you on the next test. Please try to be familiar with these terms and concepts prior to our upcoming classes.

freedom of speech
public opinion
values
opinions
political ideology
liberalism
conservatism
common fundamental values
equality of opportunity
individual freedom
democracy
political socialization
agents of socialization
the family
social groups
gender gap
education
political conditions
political knowledge
how government shapes public opinion
how private groups shape public opinion
public opinion polling
sample
population
probability sampling
selectivity bias
1936 Literary Digest Poll
margin of error
push polling
illusion of saliency
bandwagon effect
interest groups
freedom of association
NAACP v Alabama
lobbies
factions
pluralism
decentralization of government
economic interests
business organizations
professional organizations
public interest
The Christian Coalition
leadership
political entrepreneur
membership
the upper class bias
the prisoner’s dilemma
the free rider problem
selective benefits
lobbying
grassroot organizations
microsofted
access
electioneering
1995 Lobbying Disclosure Act
using the courts (test cases)
amicus curiae
going public
political action committees
bribery
Texas Ethics Commission
issue advocacy groups
initiative
the media
broadcast media
print media
online media
changes in technology
regulations of broadcast media
FCC
Telecommunications Act of 1996
equal time rule
right of rebuttal
fairness doctrine
freedom of the press
prior restraint
Pentagon Papers
Near v. Minnesota
ownership of media
homogenization of the news
nationalization of the news
journalism
reporting
interpreting
selection bias
names of major newspapers
political influence on news
sound bites
media consumers
encouraging conflict
media impact on politics
agenda setting
priming
framing
media impact on elections
adversarial journalism

The Growing Gap in Wealth and Income

Is the growing gap between the poor and wealthy a fitting subject for public policy? Perhaps its more important to ask whether the nature of American democracy right now allows for it to be considered by elected leaders if the public wants it to be. Is the economic imbalance so drastic that it minimizes political equality? Robert Reich, who was Clinton's Labor Secretary, thinks so.

Here's a telling passage: ". . . the wealth of the Wal-Mart founders' family that year [2005] was estimated at about the same ($90 billion) as that of the bottom 40 percent of the US population: 120 million people."

Push Polling Edwards and Romney

in 2301, when we cover public opinion polls well discuss push polls. These are campaign ploys designed to expose respondents, who think they are talking to a real pollster, to negative information about a candidate. Since they ask questions on the order of: "Would you support John McCain if you knew he fathered a black child?" they do not slander people since they make no actual allegations, on what of statements. That was an actual push poll question by the way.

Now comes word that the technique continues to be used against Mitt Romney and John Edwards. Since they are not polls, but are in fact advocacy calls, some states mandate that this be made clear at the start of the call, but this is often not done.

Private Property and Socialism

Here's an interesting back and forth between Gary Becker and Richard Posner on China's slow embrace of private property--or what passes for private property rights in China anyway.

Fitting since we will soon be covering economic policymaking in 2302. Among the first decisions a society makes is the extant of individual ownership and control of property. Haggling continues of course (witness our current debate over health care policy).

Can the FBI do Counterterrorism?

Federal Judge Richard Posner argues that they cannot.

For prosecutors and detectives, success is measured by arrests, convictions and sentences. That is fine when the object is merely to keep the crime rate within tolerable limits. But the object of counterterrorism is prevention. Terrorist attacks are too calamitous for the punishment of the terrorists who survive the attack to be an adequate substitute for prevention.

Detecting terrorist plots in advance so that they can be thwarted is the business of intelligence agencies.

TCC

This is a bit late for our discussion of the courts, but Grits for Breakfast tells us the Texas Court of Criminal Appeals has OK'ed the practice of police giving drugs to potential informants to convince them to snitch.

ADHD: Real or Made Up?

From the Financial Times comes a story regarding Attention Deficit Hyperactivity Disorder (ADHD). They tell us the following:

A fascinating neurological study published this week by the US National Institute of Mental Health holds out promise of resolving many controversies. The study looked at the way the right brain cortex, which helps control attention and planning, thickens during childhood. Scientists compared brain scans of hundreds of children diagnosed with ADHD with scans from a non-ADHD group. They found that, for non-ADHD children, the cortices reached maximum thickness at about 7½ years. For the ADHD group, that stage came three years later. But it did arrive eventually, and by puberty, most of the hyperactive kids had normal-looking brains.

The study also suggests that measures of student's ability to pay attention in the classroom are less important than basic math and English skills in determining future academic success.

So what's the big deal?

In 2302 we will soon be discussing the pros and cons of privatization--a topic we hit in 2301 when we covered federalism. Is this an unforeseen negative consequence since the profit motive causes the private sector to convince individuals of the need to purchase their products, be they iPods, cars, detergent or drugs?

Yes it can be argued that the private sector creates incentives for more people to get involved in finding cures for existing diseases, which makes it more likely that cures will be found, but doesn't it also make it more likely that the companies will try to convince more or us that we have physical conditions that we didn't know we had in order to expand demand for their products?

How about restless leg syndrome? Whats with that?

Is this the root of the increased costs of medical care?

The Trade Off

While the web continues to grow, the number of newspapers--and newspaper reporters--continues to decline. Grits for Breakfast tells us that the reporter who broke the story about abuse at the Texas Youth Commission last spring lost her job. Actually her position was cut, so she wasn't really fired.

Grits reminds us that the number of reporters who cover sessions of the Texas Legislature has declined drastically over the past few decades. Since newspapers are still the principle source of information that the public has about the activities of government, how capable are we of monitoring their activities. Some would argue that the web more than makes up for the deficiency since coverage is more open ended. Anyone can do this now, but does that mean that it will be done well, by professionals that are paid to do it?

This is still unresolved in my opinion.

The Political Impact of the Internet

Some posts in the Ethical Blogger underscore the unique impact of the web on politics and political evolution overall.

The first points out an upcoming article in Parade Magazine--the Sunday supplement--designed to introduce the older generation (even older than me) to the political impact of the the web. I'm not sure they are as out of touch as the article claims. Retirees have lots of time on their hands to figure out new ways to stay in touch with the grand kids. They have to be aware of the political uses of the web, but the article points out the impact of generations on political attitudes, which is a subject we will be broaching soon.

A handful of others show how the web makes official oppression more difficult to sustain, be it Chinese corruption, blogging under martial law, or providing opportunities for anonymous dissenters to challenge the system.

There's a good reason why repressive regimes try to limit access to the Internet.

The Southern Stragegy

A controversy brewing among New York Times editorialists touches on the southern strategy which we've touched on in 2301. The controversy concerns whether Reagan's use of the term "states rights" before a crowd in Philadelphia, Mississippi at the beginning of his 1980 presidential bid was catering to the audience's racist views. Recall the town's history in order to understand the background.

A New Republic article places this controversy in historical context. Both parties spent time trying to lure southern racists. Democrats did so with Jim Crow in the late 19th Century, but gave it up when they nominated Al Smith in 1928. The article suggests that Republicans have yet to fully reject this group and points to Bush's 2000 primary race in South Carolina as an example.

It's a good overview of racial politics.

Barry Bonds Indicted

Speaking of grand juries, Barry Bonds finds himself on the wrong side of one. The charges are perjury and obstruction of justice.

The charges are federal and come from California's Northern District.

Grand Juries

We touched on grand juries in class, much more so than I normally do. That sometimes means that have to dust off cobwebs on the spot. Some questions I was not able to clearly answer. Some links could take you where I couldn't.

Here's the ubiquitous wikipedia site. Aside from interesting history, it points out that only half the states still use grand juries, opting instead for preliminary hearings or some other judge controlled process for determining who should go to trial. In the abanet page it links to the grand jury is shown to be controlled by the prosecutor, making it likely to indict the ham sandwich demanded of the DA.

It would be intersting to see if the states that still use grand juries are more likely to be tough "law and order" states that give short shrift to the rights of criminal defendants.

Here's a link to the Harris County District Courts' grand jury page. Note that on the bottom it has an application for anyone that would like to serve on a grand jury. Are certain communities opening themselves up to an increased likelyhood of indictments if they do not seek to be members of grand juries?

Good opportunity for community service.

A few other web tidbits:
- the criminal process.
- help with a grand jury.
- the grand jury in drug cases.

This is probably the most important thing you will learn in this class. Good luck out there.

Lawyers Hit the Streets

We've been comparing the lawyers marching in Pakistan with the monks in Myanmar. I still think the sight of marching lawyers just seems wrong, but that's because it seems so improbable here in the US. Why hit the streets when you understand the rules of the game have inside access to its players?

A blog post at the New Republic asks the same question, but provides an answer. To be a lawyer is to work within the confines of the rule of law. When the rule of law is undermined, so is the legal profession.

Seldom has history witnessed hordes of lawyers taking to the streets. The author suggests that Musharaff has only himself to blame since he has had such a light touch as a dictator. He has allowed the legal system to operate, which allows the lawyers to communicate, organize, and act on their interests. I can imagine that the military dictators in Myanmar are shaking their heads at his incompetence.

A comment on the blog suspects that the protests are less about the actual fact of what Musharaff has done than the fact that shutting down the courts has taken away their business. The lawyers are simply attempting to ensure that they have jobs. The rule of law is good for business. The business sector would agree.

The Mukasey Nomination

I let the conflict over the Mukasey nomination slip without comment, but wanted to get some links up for posterity. His nomination raised some important constitutional issues, both having to do with the extent of executive power and the ability, and role, of the justice department in restraining him.

The dominant issue was torture, whether we allow it, whether water-boarding is in fact torture and if that meant that we in fact tortured suspects--contrary to custom. Mukasey fudged, which upset activists and led at least one left leaning group in the Democratic Party to call for the removal of Democrats who supported him.

For me, the more interesting part of this dispute was clarifying Congress' role in clarifying torture and making explicitly clear what can and cannot be allowed. That has never been done before, all that had been required was for the president to abide by the Geneva Conventions, but that is apparently not enough anymore. Moves are now underway to make that clear, we'll see if that passes. Here's the legal background. If you've been following the news you know that his nomination barely passed due to this controversy.

The less dominant, though ultimately more important issue had to do with the role of the attorney general, and the justice department overall, in overseeing the executive branch.
Mukasey's background as a judge gave him credibility as a potentially independent force, especially in comparison with his predecessor's background as a presidential adviser. Gonzales' apparent willingness to allow the justice department to be a tool for partisan purposes was his downfall, and is Mukasey's task.

You can link to Senate testimony here and here.

The ranks of the Justice Department are apparently dangerously thin. He'll be there for little more than a year. He has much to do.

Volunteer Opportunity: Dean Hrbacek, 22nd Congressional District

Here's a great opportunity to get involved in the political process. Dean Hrbacek is competing for the Republican nomination for the 22nd congressional district. Check out his website: www.deanforcongress.com.

The contact person is Drew Larson.

Tests Postponed

Due to my illness Monday I'm postponing test 3, scheduled for the Wednesday the 13th and Thursday the 14th for my 16 week lecture classes. The tests will be given next Monday and Tuesday. You papers are still due this week.

Money Follows Power

Now that Democrats are the majority party in Congress, they receive the bulk of the political contributions from political action committees. Contributions are about access, so this makes perfect sense.

Veto Overridden

Pork trumps politics. Of course one person's pork project is another person's floodgate, so we should curb our cynicism.

Is this an indication that Bush's lame duck days are beginning?

What a Liberal Decision Looks Like

I've been trying to be more clear in lectures about what liberal and conservative decisions look like.

One distinction has to do with civil rights. Since liberalism is grounded primarily in the principle of equity, they tend to want to expand civil rights protections. Civil rights of course is based in the United States on the abstract concept of equal treatment before the law--without any hint about what categories might be used to justify unequal treatment and whether public safety and health and the rest might be adversely affected. We discussed proposals to require the elderly to take driving tests probably not violating equal protection because advanced age can impair driving ability.

As a current example in the news, here is a liberal proposal from the U.S. House of Representatives: The Employment Non-Discrimination Act.

Note the conservative argument against it: ". . . Mark Souder, R-Ind., argued that, because of the bill, "religious rights will now be trumped by sexual rights." Calling the bill a disaster for religious bookstores, which could be required to hire gay workers, he said the measure invited litigation and set "precedents that we will regret."

I highlighted what I think is the key part of their argument. The freedom of owners of religious bookstores to hire who they want, based on their traditional understanding proper sexual behavior. This hits both individual economic freedom and traditional values. Both are central to conservatism. It also touches on increased use of the courts--litigation--as a means of redress, which is another sore spot for conservatives.

On Constitutional War Powers

George Will has written an update on the ongoing dispute over the nature of congressional war powers.

He supports an resolution introduced to replace the ineffective Way Powers Resolution--the Constitutional War Powers Resolution--and challenges the extent of inherent powers claimed by the current president and echoed by Giuliani.

He also reminds of the inconsistency of each party in Congress on this issue. Democrats did not complain when Clinton committed troops to Bosnia, and Republicans seem to have forgotten that they used to oppose expansive government.

143 Years Ago Today

Given events in Pakistan and scenario I drew up for something similar happening today, here's something from The Writer's Almanac.

It was on this day in 1864 that Abraham Lincoln was elected to his second term as president of the United States, one of the few elections in world history to be held in the middle of a civil war. Lincoln might have tried to cancel or postpone the election until the war was over, but he said, "If the rebellion could force us to forego, or postpone a national election, it might fairly claim to have already conquered and ruined us."

The Confederate Army had recently gotten so close to Washington, D.C., that Lincoln himself was able to watch a battle, standing on top of a parapet with field glasses. On July 30, 4,000 Union soldiers were killed in a disastrous attempt to invade Petersburg, Virginia. The army needed 500,000 more soldiers, Lincoln would probably have to call for another draft, and the war debt was becoming unsustainable. On August 23, Lincoln wrote a memo to his cabinet that said, "This morning, and for some days past, it seems exceedingly probable that this Administration will not be re-elected."

The Democratic Party was running on a platform of ending the war. But this turned out to be a huge mistake when news arrived in early September that the Union Army had captured Atlanta and Mobile. Suddenly, the Democratic Party looked like the party of surrender when Union forces were winning the war. Lincoln carried every state except New Jersey, Delaware, and Kentucky.

This could have been Lincoln's most important decision, not to try to suspend the Constitution by delaying the election. He could have done it. History would have been on his side, but posterity would not. This story does not mention that Lincoln was running on a ticket--the National Unity ticket--with a member of the other party. Andrew Johnson was a Democratic.

Imagine that being done today. His reputation is deserved.

Should Students be paid to Perform Well?

The idea makes more and more sense to me the longer I think it over. Why not give kids a monetary incentive to perform well (or at least better) in school?

Attention TBA's

I've decided to make all of the written tests available now. You'll see links in the usual place. Hopefully this will allow you to answer the questions more thoroughly. Remember that since you are allowed to use you books you have to work harder to get an A. The goal is for you to learn something, so hopefully this will help.

Ron Paul Rakes It In

Our boy Ron Paul set a single day fundraising record for a Republican presidential candidate. $4.2 million, all on line. Here's the site that started it all. It was deliberately held on Guy Fawkes day, the day a group of opponents to the rule of James the 1st tried to blow up parliament. Paul denies wanting to blow up the U.S. Capitol, but argues that he is a revolutionary nevertheless.

Here's one explanation of what's underway.

Dork Alert

Sci-Guy wonders if and when humans will be able to marry robots.

This is what happens when guys can't get dates.

Should someone in the Texas Legislature go ahead and introduce an amendment to the Texas Constitution in 2009 in order to nip this in the bud?

Where's Dan Patrick?

Drink Up!

Both alcohol proposals pass in Brazoria County.

Here are local results from the chron.

Statewide results from the Texas Secretary of State.

Turnout statewide was 10% and 12% in Brazoria County.

Not bad.

So You're Being Investigated By Congress . . .

One of the more interesting aspects of the continuing investigation of Blackwater International, for me, is contained in this story about the prep work done by the company as it is being investigated.

It outlines part of the industry that exists in Washington DC to serve the needs of people who have business before a governing institution--in this case Congress. At least those who can afford it.

The story points out three types:" lawyers, lobbyists and press advisers."

Here are names pulled from the article:

Lawyers: Kenneth Starr, Fred Fielding, Beth Nolan, Stephen Ryan.

Lobbyists: Paul Behrends.

Public Relations: Anne Tyrrell, Mark Corallo, Burson-Marsteller PR firm.

It'll warm everyone's hearts to learn that both Republicans and Democrats are working for the firm.

Considering the back and forth we went through on the subject of the Electoral College and whether it made you feel remote from the democratic process--or violated basic principles of democracy--how about this? If you happened to be in the position Blackwater is in, would you have the resources to learn how to properly defend yourself? What does this mean for political equality?

In a way this is reminiscent of a story your American government textbook covers in the section on interest groups. Microsoft was of the opinion for years that it needed to do nothing to
work with government. After being on the losing end of significant legislation they changed their tune and hired a lobbyist.

The Pakistan "Coup"

This doesn't fit the technical definition of a coup, though it is worth remembering that this is how Pakistani leader Pervez Mucharaff first came to power. Musharaff organized a second coup over the weekend, effectively arresting anyone he feels likely to interfere with him. He claims that this is necessary to preserve the "life and property of the citizens of Pakistan."

Historically, there is nothing unique in what he has done and his justification of it.

What did he do?

1-He suspended the Constitution.
2-Arrested the Chief Justice of the Supreme Court, then installed a successor.
3-Arrested a leading lawyer for the opposition.
4-He has delayed an election.
5-Arrested over 500 opposition leaders and journalists.

He used recent suicide bombings as one of his reasons justifying what he has done. It isn't unreasonable to wonder, from our perspective here in the US if we really want t full blown democracy in a country where fundamentalist Islamics have high levels of support and the country possesses a small handful of nuclear weapons. But is it beyond possibility that these bombings were orchestrated by Musharaff? There is precedence for this sort of thing.

There's nothing like a crisis to allow for a consolidation of power.

Before we get judgmental, can it happen here? Is there a scenario which you think could lead to a similar situation here?

How about this: Hillary Clinton seems to have been elected president over Giuliani, but just like in 2000 the results in one state are so close that a recount may be required. Then during the process another 9/11 type event occurs and the Bush administration declares a national emergency and claims that a shift in the presidency at that moment to Clinton would put the country in peril. They use military power to stay in the White House indefinitely and engineer a decision in the Supreme Court giving the election to Giuliani.

Impossible?

Override in the Works?

President Bush may face his first veto override next week.

It concerns his recent veto of a $23 billion water construction bill that include spending projects considered important to many Republicans in Congress.

Two items covered in 2302--the legislature--help explain this: the distributive tendency and constituency service. This may also be an indication that the President's lame duck status, which has been at bay recently, may finally be catching up to him.

Agency Capture and the CPSC

When we covered the bureaucracy we discussed the concept of agency capture, the tendency of a bureaucratic agency to become captured by the, or an, industry it is meant to regulate.

This may be the latest example.

The current and previous chairs of the When we covered the bureaucracy we discussed the concept of agency capture, the tendency of a bureaucratic agency to become captured by the industry it is meant to regulate.

The current and previous chairs of the Consumer Products Safety Commission are reported to have taken over two dozen trips to places like Hong Kong, San Francisco, and Hilton Head as the guests of the industries that make children's toys and furniture, their lobbyists and lawyers.

Suspicions have risen that this has influenced their conduct in office since the commission has refused to pass mandatory regulations on these industries, been lax on enforcement, and is opposed to legislation increasing their ability to test children's products.

The bill in question is H.R. 4040, the Consumer Product Safety Modernization Act of 2007, which is being considered in the House Energy and Commerce Committee. Despite calls for her resignation, the current chair says she will not step down.

Nowak Evidence Suppresed

Here's a great example of the importance of procedural limits on the power of government. A Florida judge has thrown out the evidence from the search of Lisa Nowak's car search and her interview with police.

Orange County Circuit Judge Marc L. Lubet said investigators took advantage of the 44-year-old, who had not slept for more than 24 hours before the alleged February airport attack of a purported romantic rival for a fellow astronaut's affections.

Lubet said Orlando police Detective Chris Becton answered evasively when Nowak asked about an attorney, and hadn't read her Miranda rights before he started questioning. "Detective Becton failed to answer defendant's question regarding whether she needed an attorney in a truthful and straightforward manner," Lubet wrote.

"There was a concerted effort to minimize and downplay the significance of the Miranda rights by referring to these constitutional rights as mere 'formalities."'

Lubet said Becton wrongly made "direct and implied promises of benefit," vowing to talk to prosecutors on her behalf if she cooperated. "He made threats and used coercive psychological techniques," Lubet wrote, of Becton's more than six-hour jailhouse interview.

Here is the order from the judge suppressing the evidence. We'll touch on this in my 2302's next week.

In case you forgot, Nowak was the astronaut that drove from Houston to Orlando non-stop in a diaper to confront a woman she thought was competing for the affections of a man she thought might be interested in her. Except it turns out that she wasn't wearing a diaper after all.

Pity.

On Prayer in Pearland

The issue of public prayers has been raised again, this time in Pearland before meeting of the Pearland Independent School District board of trustees.

The U.S. Constitution's establishment clause has been interpreted to mean that a group prayer by the members of a governmental unit demonstrates a bias towards one particular religion--which can fall under the definition of establishment. Which could mean that group prayer before a meeting could be illegal.

Rather than an official prayer--or designation that a prayer be given--each member was to be given an opportunity on a rotating basis to give introductory remarks. These could include a moment of silence, inspirational remarks, non-proselytizing prayer, or what ever suits the speaker's fancy. This is a way that the decision about the content of the statement was up to the individual not the governing unit. The Supreme Court has not seen it this way in the past (notably in the Supreme Court case involving Santa Fe High School) so even this process may be illegal.

According to the story, at least one attendee at the meeting feels that that is the case and that is all it take to initiate a court case. Supporters of prayers in these cases may welcome such a case though because recent changes in the Supreme Court may mean that they will be more willing to decided in favor of prayers before public meetings.

Liquor Sales and the Smoking Ban

As mentioned below, Brazoria County voters will decide whether wine can be sold in stores across the county and mixed drinks in restaurants around Pearland. The Pearland Journal has the story, as does the Chron.

The proponents are affiliated with the Pearland Area Chamber of Commerce who see an opportunity to increase sales tax revenues, revenues now collected by neighboring cities where local residents have to drive to purchase wine, or have a drink with their meal. A group called BRACE, the Brazoria Residents to Advance Community Economics, states that a dozen Texas cities that have seen significant increases in sales tax revenues after legalizing sales. The story suggests that areas leaders are concerned about the development on the west side of 288 which is providing additional shopping and dining options for their residents.

A small group called Circle the Wagons! led by community leader Larry Townsend oppose the proposal arguing that it will underline efforts of AA members to stay sober.

Certainly the most touching item on the ballot in Pearland (for non-smokers anyway) is the proposed smoking ban which is on the ballot because of the efforts of area sixth grade students. They went door to door to collect the necessary 500 signatures. Smoking bans raise interesting personal liberty issues because of the existence second hand smoke. As opposed to over eating, which only affects that eater, smoking has effects on people nearby, so it has an impact on the liberty of others.

I Lied

One vote can make a difference, or in this case two.

But it is a very unique situation.

We need to spend time next week figuring out what is going on here. There's a lot to it. Does this make anyone uncomfortable? Should an individual be allowed to control that much water? Do we want to allow property rights to include a resource this vital?

Election Day 2007

Conveniently enough, just as we are beginning to discuss elections in 2301, a real live election day is upon us. I'm still unsure about which of you I'd like to see actually vote (but anyone who does, please tell us why. What are you hoping to achieve by taking away time that could have been spent doing so many other things?)

For information about what is on the statewide ballot click this link to the Texas Secretary of State page on elections.

The statewide vote will be dominated by the 16 constitutional amendments passed by the legislature last spring. This is a type of direct election--at least the most direct it gets statewide. The voters have a direct hand on determining which of these amendments live or die. The Chron tries to clarify them here. The most noteworthy amendment is the one that authorizes the ale of up to $3 billion dollars for cancer research, but no hot button issues like tort reform or same-sex marriage.

Locally, Brazoria County residents will decide a variety of issues--depending on where one lives--including local options to allow the sale of wine in grocery stores across the county, and the sale of mixed beverages in restaurants in the extra territorial jurisdiction of Pearland.

Houston will hold elections for Mayor, city council and a handful of other positions--see the voting guide in the Chron here. A bond proposal by the Houston Independent School District has turned out to be suprisingly controversial.

More to come.

Bush and the Supreme Court

Here are a couple of posts which touch on President Bush's influence on the future direction of the court due to his appointment of Roberts and Alito.

Bush Sets US Supreme Court Legacy.

Supreme Imbalance.

Court cases

Since we are covering the courts in 2302 we should pay attention to these current cases:

1-Until the Supreme Court rules whether death by lethal injections are cruel and unusual, all executions in the United States are on hold--maybe until next summer. The case is Baze v. Rees. Click here for the docket.

2-Is the $2.5 billion verdict against Exxon-Mobil because of the oil spill resulting from Exxon Valdez accident excessive? Here is the docket for Exxon Shipping Co. v. Grant Baker. And some commentary from scotusblog.

3-Does the president have the power to detain indefinitely a legal resident it deems an enemy combatant, or does the defendant have the constitutional right to challenge the detention? The fourth circuit court decision.

4-Is the PROTECT Act a constitutionally valid way to combat child pornography or an overly broad law that allows the prosecution of people who simply talk about it? Did police cross the line when they arrested a man for saying he possessed child pornography when he actually did not. Here is the docket for United States v. Williams.

That's enough for now.

Conspiracies

In light of the video I showed in a couple of classes Monday about government outreach efforts for schizophrenics--from The Onion--Wired also has a list of its favorite conspiracy theories.

Joking aside conspiracy theories provide a useful service for people who believe in them. It helps them make sense of the world around them. One begins with a belief about how the world works and processes information to confirm that belief. That the results can be nutty is besides the point.

After all, just because you aren't paranoid doesn't men that people aren't really out to get you.

GIS and elections

A story in Wired Magazine from three years ago details how GIS (geographic information systems) have been integrated with elections allowing campaigners to get background information about the people in the homes they are about to knock on.

Scary?

The Awful Truth

If some of feel you are wasting your time in my classroom, you may have company. Here's the link, here's the full article:

George Leef: Higher education has been oversold

No one benefits from the overload

09:24 AM CDT on Sunday, October 28, 2007

In one of his New York Times columns earlier this year, David Brooks lamented that "despite all the incentives, 30 percent of kids drop out of high school, and the college graduation rate has been flat for a generation." Mr. Brooks, like many spokesmen for the higher-education establishment, worries that the United States is falling behind in the international race for brainpower.

That is why we keep hearing politicians talk about the need to stimulate a higher rate of college attendance and completion. We're in a global "knowledge economy," and whereas America used to be tops in the percentage of workers with college degrees, we have now fallen behind a number of other nations. At a big education conference I attended back in February, former North Carolina governor Jim Hunt called this situation "scary."

Sorry, scaremongers, but there is nothing to worry about. If anything, America now puts too many students into college, and we certainly don't need any new subsidies to get more there.

Why?

First, it isn't true that the economy is undergoing some dramatic shift to "knowledge work" that can only be performed by people who have college educations. When we hear that more and more jobs "require" a college degree, that isn't because most of them are so technically demanding that an intelligent high school graduate couldn't learn to do the work. Rather, it means more employers are using educational credentials as a screening mechanism. As James Engell and Anthony Dangerfield write in their book Saving Higher Education in the Age of Money, "The United States has become the most rigidly credentialized society in the world. A B.A. is required for jobs that by no stretch of imagination need two years of full-time training, let alone four."

Second, the needless pressure to get educational credentials draws a large number of academically weak and intellectually disengaged students into college. All they want is the piece of paper that gets them past the screening. Most schools have quietly lowered their academic standards so that such students will stay happy and remain enrolled.

Third, due to the overselling of higher education, we find substantial numbers of college graduates taking "high school" jobs like retail sales. It's not that there is anything wrong with well-educated clerks or truck drivers, but to a great extent college is no longer about providing a solid, rounded education. The courses that once were the pillars of the curriculum, such as history, literature, philosophy and fine arts, have been watered down and are usually optional. Sadly, college education is now generally sold as a stepping stone to good employment rather than as an intellectually broadening experience. Sometimes it manages to do both, but often it does neither.

Fourth, it's a mistake to assume that the traditional college setting is the best or only way for people to learn the things they need to know in order to become successful workers. On-the-job training, self-directed studies and courses taken with a particular end in mind (in such fields as accounting) usually lead to much more educational gain than do courses taken just because they fill degree requirements.

"But wait," I hear readers saying, "isn't it true that people with college degrees earn far more than people with only high school diplomas?" That is true, on average – an average composed to a large degree of very bright and ambitious people who would be successful with or without a college degree, and also of people who earned their degrees decades ago when the curriculum and academic standards were more rigorous.

It simply doesn't follow that every person we might lure into college today is going to enjoy a great boost in lifetime earnings just because he manages to stick it out through enough courses to graduate.

A perennial trope among politicians is that more education will make everyone better off. Having a more efficient educational system – one that taught the three R's well in eight years rather than poorly in 16 – would indeed be a benefit. Simply putting a higher percentage of our young people into college, however, makes just as much sense as spreading more fertilizer on a field that's already been overfertilized.

George Leef is the director of the John William Pope Center for Higher Education Policy and a blogger at National Review Online (www.nationalreview.com), where a version of this piece originally appeared.

The World's Smallest Political Quiz

Here's an idea.

1-Write down your ideological position. Do you consider yourself to be liberal, conservative, moderate or what?

2-Take this quiz.

3-See whether it tells you that your self-identified position matches your opinions on various issues.

We're you correct? If not why not?

The quiz asks for you opinions on economic and social issues and determines whether you tilt to the left or right, or libertarian or statist--or centrist.

I Love the Electoral College

Or at least I would if it worked the way it was supposed to.

More on that later, but I find it interesting that the nature of the electoral college is being cited by some of you as a reason why you don't care about politics and don't see the point in voting. Nothing unique there. Arguments against the electoral college are regular staples of election commentary. New arguments are tough to find, though certainly the election of 2000 was a wake up call for those who thought it unlikely that the popular vote winner would ever lose the electoral vote again.

Over time I've become a big fan of separated powers, which includes fully distinct elections, and I think it would be beneficial to revert to the system originally envisioned by the country's founders, including a return to state legislative selection for the Senate.

I went over this in class briefly, and will spend more time Monday on it, but the genius of our institutional arrangements begins with the complete autonomy of each, including a completely distinct selection process for each institution. Each ultimately can be traced back to a decision by the general population, which makes it democratic, but the course of each varies, which makes tyranny of the majority difficult to establish. I may be wrong, give me an argument if so, but the introduction of a barrier between popular opinion and the public policy does not make a process undemocratic. It simply alters the nature of the democratic process.

I'd have no problem with a system where candidates run for the electoral college, are elected by us based on the type of president they might seek, and are given full discretion regarding who they give the four year presidential term to. We have a direct popular vote for members of the House, who could control the president by oversight, legislation, and the threat of impeachment. So that's how you have direct democratic control over the president.

I'm not sure how a president (a chief executive remember) could truly, democratically represent the interests of a country of 3 million square miles and 300 million people. There are too many interests and passions in a country that large for one person to represent. That's what the 435 member House of Representatives is for, they are more capable of doing it well. This means that the president would be reduced to an actual executive rather than a leader/savior/knight on a white horse. An electoral college, whose only function is to make this selection then step down from power may well be able to select from various, perhaps unlikely, candidates who would be less likely to fall in love with the power of the office.

Is it possible that we have become skeptical of democracy in the United States because we have grown accustomed to looking to the wrong office for evidence of democracy? That's what the House is for.

Perhaps this is naive, but the current system guarantees that only the excessively ambitious apply. It seems to me that when people complain about something being undemocratic it doesn't necessarly mean that the will of the people is not being heard by elected officials, but that there personal preferences are not carrying the day. It's not undemocratic simply because you lose. In addition, democracy tends to be a rarified mythical concept that is half illusion, like "peace, love and happiness," and "the Texans win." It's one thing to think about what a hypothetical democracy might look like, it another to actually create one.

Just a few thoughts to keep the pot stirred.

By the way, why should the electoral college cause people to not vote for other offices?

Keep the comments coming.

Blog Action Day

In case you were wondering what all the excitement was about October 15th, it was blog action day 2007.

As best as I can tell, it was an effort to use the blogosphere to raise awareness of a common issue, in this case the environment, by having multiple blogs post on the topic. Over 20,000 did, though I don't know how one determines whether this was successful. There are over 100 million blogs apparently--many dead. 20,000 ain't much in comparison, and who knows whether policy makers will take this type of things seriously.

But it's another example of how people are trying to figure out the best way to use this new medium.

Political Efficacy

An interesting dialogue between Jordan and Jan has kicked up and hope they both continue, with help from some of you. Jordan states the following:

The other day in class Mr. Jefferies stated, "You all don't vote do you?" Considering the circumstances, I understand why we don't vote. Our knowledge of historical and current government issues comes primarily from the Internet. Which we all know can contain sources which are not reputable. There are no personal links to government for the everyday citizen. Government is complicated, and it is made complicated so only rich egocentric will take part. I'll tell you the truth, I don't vote because how much difference am I really going to make. For example, if the majority of society votes for a presidential candidate, and he wins the popular vote. Shouldn't he be president? The government thinks otherwise. They appoint the Electoral College to make decisions for us. Why do we need the Electoral College? Money is the navigator of government, and guess what, I don't have much and neither does a large percentage of Americans. The middle class, of Americans, pay the largest percentage of taxes, but aren't being represented. People investing in special interest groups have become the focal point of government interest. I'm tired of being just a percentage of the popular vote. Give us back our true representative democracy. Then I'll vote.

There's alot to this comment, but at root it sounds like a "consent" problem, and he speaks for many others--perhaps many of you. Clearly he feels detached (alienated) from the process, the actions of government feel remote, and he feels that people in power do not care about people like him. Government is not legitimate (which violates the intent of democracy) so why consent to the laws unless forced to? The wide open internet compounds the problem because in addition to not trusting elected leaders to represent your interests you can't trust the validity of the information you receive. Jordan, feel free to correct me if I'm getting something wrong.

Political scientists have developed two terms to describe this process: internal political efficacy (the belief that one can understand and influence policy) and external political efficacy (the belief that the government will respond to one's demands). Clearly Jordan lacks the latter, but the reason that you are required to take these classes is to increase the former which could increase your ability to ensure that government will respond to your demands, or gain a greater understanding of why it might not. Remember that the American political system is designed to make it difficult to pass laws and alter public policy.

Jan responds by stating: Jordan, to dispute your decision for voting, you need to vote, because each vote from a U.S. citizen makes a difference, whether it be you, me, or the john doe waiting in line behind you. But you are right, most young adults get their information from the internet, which sometimes, may not be a valid source, but nonetheless, it should not stop a person from voting at all, its simple, people vote for the candidate that fits the NEED that the voter wants.

Underlying Jan's comment, it seems to me, is the idea that the very act of voting begins a process that creates good citizens. But this doesn't satisfy Jordan: Jan, you say that every vote as a US citizen makes a difference. How? If you, John Doe, 60% of US Citizens and I all vote for the same candidate. That doesn't mean that candidate is going to win. And even if he does win, am I really being represented?

So let's unpack all this. Maybe we can begin by discussing the factual points Jordan makes.

- Does the internet make people more remote from politics? (Surprisingly this study suggests that it might)
- Is government made complicated in order to restrict participation by non-elites?
- Does the fact that a popular vote winner for the presidency might lose the electoral vote alienate people from politics?
- Do the middle class really feel alienated from the political system?
- What is a "true representative democracy" anyway and how would we know one if we had one? What is our proof that we don't have one now? Is it enough to say that "I" am not getting what I want or do we have to look at society as a whole?

There's more, but these are all hypothesis that can be tested. Reliable polls exist that make data available for interested parties. (see the American National Election Study).

Finally, is this attitude a cop out? Should one wait for "true representative democracy" to be established before one decides to vote or does the act of voting necessarily precede the establishment of a "true representative democracy?"

This is good stuff. I feel better about the classes now, slightly better anyway. I want to know what the rest of you think? Do you feel the same way as Jordan?