the weaker party
If you don't know the rules, you don't know how to play the game.
Thursday, September 4, 2025
From the New York Times: Trump Claims the Power to Summarily Kill Suspected Drug Smugglers
More testing the constitutional limits on executiev power.
- Click here for the full article.
By ordering the U.S. military to summarily kill a group of people aboard what he said was a drug-smuggling boat, President Trump used the military in a way that had no clear legal precedent or basis, according to specialists in the laws of war and executive power.
By contrast, in armed conflicts, troops can lawfully kill enemy combatants on sight.
Because killing people is so extreme — and doing it without due process risks killing the wrong people by mistake — the question of which rules apply is not simply a matter of policy choice. Domestic and international law both set standards constraining when presidents and nations can lawfully use wartime force.
After breaking new ground by labeling drug cartels as “terrorists,” the president is now redefining the peacetime criminal problem of drug trafficking as an armed conflict, and telling the U.S. military to treat even suspected low-level drug smugglers as combatants.
Wednesday, September 3, 2025
Catching up with the news . . .
The bill, backed by antiabortion activists and passed in the state Senate on Wednesday, allows private citizens to sue companies and individuals who manufacture or distribute abortion pills to patients in Texas. Winning plaintiffs would get a minimum of $100,000 in damages.
. . . In eight Democratic-led states, abortion providers can prescribe and mail the pills — typically a two-step drug regimen — to patients across the country under “shield” laws designed to give them legal cover from out-of-state prosecution.
- Judge rules Trump administration cannot withhold funding from Harvard.
U.S. District Judge Allison D. Burroughs said freezing and canceling more than $2 billion in research grants and other federal actions violated Harvard’s First Amendment rights and amounted to “retaliation, unconstitutional conditions, and unconstitutional coercion.”
Her ruling, which is likely to be appealed, vacated the government’s funding freeze and barred it from using similar reasoning to block grants to Harvard in the future.
- Trump’s Sweeping Tariffs Invalidated by Appeals Court.
A federal appeals court ruled on Friday that many of President Trump’s most punishing tariffs were illegal, delivering a major setback to Mr. Trump’s agenda that may severely undercut his primary source of leverage in an expanding global trade war.
The ruling, from the U.S. Court of Appeals for the Federal Circuit, affirmed a lower court’s initial finding in May that Mr. Trump did not possess unlimited authority to impose taxes on nearly all imports to the United States.
. . . The adverse ruling still cast doubt on the centerpiece of Mr. Trump’s trade strategy, which relies on a 1970s law to impose sweeping duties on dozens of the country’s trading partners. Mr. Trump has harnessed that law — the International Emergency Economic Powers Act, or IEEPA — to raise revenue and to pressure other countries into brokering favorable deals. The law has typically been reserved for sanctions and embargoes against other nations.
- Judge Blocks Pillar of Trump’s Mass Deportation Campaign.
The case focused on a policy shift announced during the first week of Mr. Trump’s second term that authorized the Department of Homeland Security to launch quick deportations, across the country and without court proceedings, of undocumented immigrants who cannot prove they have lived in the country for more than two years.
. . . Such quick deportations, known as expedited removal, have been carried out for decades, but they were concentrated among people arrested at or near the southern border. The Trump administration sought to expand the practice nationwide, to hasten the removal of people arrested deep inside the country.
In a 48-page opinion, Judge Jia M. Cobb of the U.S. District Court for the District of Columbia wrote that the Trump administration had acted recklessly in a frenzied effort to quickly remove as many people as possible, likely violating due process rights and risking wrongful detentions.
From the Texas Trbune: Judge temporarily blocks Texas’ Ten Commandments requirement in 11 school districts
A great example of both checks and balances and federalism.
This is just round one.
You might want to microwave some popcorn and enjoy the show.
- Click here for the full article.
A Texas federal judge on Wednesday temporarily blocked from taking full effect a new state law requiring public schools to display donated posters of the Ten Commandments in classrooms.
In his decision, U.S. District Judge Fred Biery concluded that the law favors Christianity over other faiths, is not neutral with respect to religion and is likely to interfere with families' “exercise of their sincere religious or nonreligious beliefs in substantial ways.”
“There are ways in which students could be taught any relevant history of the Ten Commandments without the state selecting an official version of scripture, approving it in state law, and then displaying it in every classroom on a permanent basis,” Biery wrote in his opinion, adding that the law “crosses the line from exposure to coercion.”
Texas is expected to appeal the ruling. Once that happens, the case will go to the same federal appeals court where a three-judge panel recently blocked Louisiana's Ten Commandments law from taking effect. Louisiana's attorney general has said she would seek further relief from the full appeals court and possibly the U.S. Supreme Court.
Oral arguments in the Texas case, Rabbi Nathan v. Alamo Heights Independent School District, concluded on Monday, several weeks after 16 parents of various religious backgrounds, represented by the American Civil Liberties Union of Texas and other religious freedom organizations, sued the state over what their lawyers called "catastrophically unconstitutional” legislation.
- Click here for the bill.
Tuesday, September 2, 2025
Dear ChatGPT: What requirements must be met in order to legally exhibit wild animals?
1. Federal Requirements
- USDA License (Animal Welfare Act)
- - Anyone who publicly exhibits warm-blooded wild animals (zoos, circuses, roadside menageries, wildlife parks, etc.) must obtain a USDA Class C Exhibitor License under the Animal Welfare Act.
- - This requires meeting standards for housing, feeding, sanitation, veterinary care, and animal handling.
- - Regular inspections are conducted to ensure compliance.
- Endangered Species Act (ESA)
- - Special federal permits are required to exhibit, transport, or breed endangered or threatened species.
- - Applicants must demonstrate that the exhibition serves educational, scientific, or conservation purposes.
- Migratory Bird Treaty Act (MBTA)
- - Exhibiting migratory birds requires permits from the U.S. Fish & Wildlife Service.
- Marine Mammal Protection Act (MMPA)
- - Special authorization is required to keep and exhibit marine mammals (dolphins, seals, whales, etc.).
2. State Requirements
- Each state regulates the possession and exhibition of wild animals differently. Many require:
- - State Exhibitor Permit or License (often issued by the state wildlife agency).
- - Proof of adequate enclosures, veterinary care, and liability insurance.
- - Compliance with public safety laws (barriers, signage, emergency protocols).
- - Restrictions on certain species considered dangerous (big cats, bears, primates, venomous reptiles).
- - Some states outright ban private exhibition of specific species.
3. Local (County/City) Requirements
- Zoning laws may restrict or prohibit exhibiting wild animals in certain areas.
- Public safety ordinances may impose extra requirements, such as escape plans, inspections by local animal control, or event-specific permits.
4. General Standards That Must Be Met
- To legally exhibit wild animals, an exhibitor generally must:
- - Obtain the proper federal, state, and local licenses/permits.
- - Provide safe, secure, and humane housing.
- - Demonstrate access to veterinary care.
- - Ensure public safety protections (barriers, trained handlers, emergency procedures).
- - Use animals in a way that serves an educational, conservation, or entertainment purpose (depending on permit conditions).
- - Keep detailed records of acquisition, transport, and health care.
Monday, September 1, 2025
From the Washington Post: The Supreme Court has expanded Trump’s power. He’s seeking much more.
The legislature has supported the president's expansion of executive power. The judiciary has a little, but how much further may it go?
- Click here for the article.
The cases could serve as major tests of how much further the nation’s high court is willing to go to bless the president’s assertion of executive authority. They differ from previous showdowns because of the sheer magnitude of the authority Trump is seeking to wield and because he wants greater control over powers the Constitution ascribes to another branch of government.
In addition to Cook’s case, which could make its way to the high court after she sued last week, a blockbuster case over Trump’s tariffs is expected to arrive at the Supreme Court soon after an appeals court struck them down. The Trump administration’s push to withhold tens of billions of dollars in foreign aid appropriated by Congress could also end up in the court.
Dear ChatGPT: Why do people think crime is increasing while crime rates indicate that they are decreasing?
That’s a really good question, and it touches on the gap between perception of crime and measured crime rates. People often believe crime is rising even when statistics show it’s falling, and researchers point to several reasons:
1. Media Coverage
- News outlets tend to highlight violent or unusual crimes because they grab attention.
- Social media spreads local incidents widely, making isolated crimes feel more frequent.
- The saying “if it bleeds, it leads” reflects how crime stories dominate headlines.
2. Cognitive Biases
- Availability heuristic: People judge how common something is by how easily they can recall examples. If you’ve recently seen or read about a crime, you assume it’s happening more often.
- Negativity bias: Bad news tends to stick more strongly in memory than good news.
3. Politics and Public Debate
- Crime is often used as a campaign issue. Politicians may emphasize rising crime (or the fear of it) to push for certain policies, regardless of long-term trends.
- Talking points about being "tough on crime" reinforce the idea that crime is getting worse.
4. Personal Experience and Community Factors
- Even if national crime rates drop, certain neighborhoods may see local spikes. People generalize from their immediate surroundings.
- Property crimes like theft or vandalism, which are more visible to individuals, can shape perception more than official statistics.
5. Mistrust of Statistics
- Some believe crime data underreports reality, since not all crimes are reported to police.
- When people hear “crime is down,” they may feel it contradicts their lived experience.
6. Long-Term vs. Short-Term Trends
- Violent crime in the U.S., for example, dropped dramatically from the 1990s to the mid-2010s. But small recent increases (e.g., during 2020–2021) can feel large in the short term, even though overall levels remain much lower than decades ago.
In short: crime feels like it’s increasing because of media, psychology, politics, and local experiences, even though measured rates often show long-term declines.
Sunday, August 31, 2025
There is a difference between crime and the perception of crimes
How do we get crime data?
Dear ChapGPT:
Crime rates are usually measured by governments and researchers using official data sources and surveys. The most common ways include:
1. Police Reports and Official Records
- Uniform Crime Reports (UCR) in the U.S. (run by the FBI) collect crime data reported by local law enforcement agencies.
- Crimes are typically categorized as violent crimes (murder, assault, robbery, rape) and property crimes (burglary, theft, motor vehicle theft, arson).
- The "crime rate" is usually expressed as the number of reported crimes per 100,000 people in a given year.
2. Victimization Surveys
- Not all crimes are reported to police, so victim surveys help capture the “dark figure of crime.”
- Example: National Crime Victimization Survey (NCVS) in the U.S. asks people if they’ve experienced crime, even if they didn’t report it.
- These surveys give a broader picture of crime trends, especially for underreported crimes like sexual assault or domestic violence.
3. Self-Report Surveys
- Individuals (often students or community members) are asked whether they’ve committed certain crimes.
- Useful for studying crimes that are less likely to be reported (e.g., drug use, minor theft, vandalism).
4. Court and Prison Data
- Conviction rates, sentencing, and incarceration statistics can also serve as indirect measures of crime.
- These reflect the justice system’s response to crime, not necessarily total crime levels.
In short: Crime rates are most often reported as number of crimes per 100,000 population, based on police data, but researchers also use victim surveys and self-reports to capture unreported or hidden crime.
Direct searches:
FBI: Crime Data Reporter.
Saturday, August 30, 2025
A look at the accreditation process
Legislative fallout from July's floods.
- July 2025 Central Texas floods.
From the Texas Tribune: A rigorous accreditation program inspired Texas’ camp reforms. Here’s what that process looks like.
Train staff on various emergencies, file emergency plans with local emergency personnel, maintain communication methods in case phone and internet services go down, and teach campers how to respond during crises.
“Texas has a good set of minimum practices. But often, those might be several pages. We have 266 standards that is a literal book of standards, as opposed to a couple of pages,” said Henry DeHart, interim president and CEO of the American Camp Association. “The state is now asking the question, should they be doing more?”
Large camp safety omnibus legislation that will likely pass the Legislature in the coming weeks folds in some of the standards required for ACA accreditation, including requiring camps to train their staff and campers on various emergencies and responses, to have a plan with local emergency personnel, and to maintain operable communication methods. Other requirements of the bill not included in ACA accreditation include removing cabins from operation if they are located on the floodplain, maintaining redundant internet connections, and establishing floodplain safety requirements.
Less than two months after rising floodwaters killed at least 138 people, including 27 campers and counselors at Camp Mystic, the Texas camp industry is largely hesitant to say how much work — and the costs — will go into meeting the requirements of any new legislation.
A good comparison point, however, is to examine the ACA’s lengthy, and at times, expensive accreditation process, according to multiple ACA-accredited Texas camps who spoke to The Texas Tribune. About 10% of Texas’ more than 700 youth and adult camps are accredited by their organization. Camp Mystic was not ACA accredited.
One of the main differences between the current state regulations and the standards for ACA accreditation is the level of detail required in the review process for emergency preparedness and overall safety. Currently, the state has 15 standards broken down to around 80 criteria compared to the over 200 standards for ACA, making for a more rigorous review process.
. . . For the most part, camps across the nation are regulated at the state level, and there is no consistency in how they are meant to operate. For example, one state may require helmets and life jackets on the water, while another may not. The only way to determine this is to consult the relevant state laws.
To become one of the approximately 375 youth camps licensed and regulated by the Texas Department of State Health Services, operators must undergo a background check and inspection. To maintain their licenses, camps must undergo an annual inspection with DSHS.
Adam Buuck, associate deputy commissioner for DSHS, told lawmakers during a camp safety hearing earlier this month that the state’s camp inspectors are primarily trained for sanitation inspections, not emergency plans.
The ACA accreditation program provides a set of national standards for health and safety for all camps. The third-party peer review process is entirely voluntary and has no regulatory authority.
__________
- Accreditation.
- HB 1 - Relating to youth camp and campground emergency preparedness; authorizing civil and other penalties; making appropriations.
- Health and Safety Code - Youth Camps.
- Texas Health and Human Services - Youth Camp Program.
- American Camp Association.
On this day in History: August 28 and 29
2003 – In "one of the most complicated and bizarre crimes in the annals of the FBI", Brian Wells dies after becoming involved in a complex plot involving a bank robbery, a scavenger hunt, and a homemade explosive device
1998 – Pakistan's National Assembly passes a constitutional amendment to make the "Qur'an and Sunnah" the "supreme law" but the bill is defeated in the Senate
1968 – Police and protesters clash during 1968 Democratic National Convention protests as protesters chant "The whole world is watching"
1867 – The United States takes possession of the (at this point unoccupied) Midway Atoll
1830 – The Baltimore and Ohio Railroad's new Tom Thumb steam locomotive races a horse-drawn car, presaging steam's role in U.S. railroads
August 29:
1997 – Netflix is launched as an internet DVD rental service
1991 – Supreme Soviet of the Soviet Union suspends all activities of the Soviet Communist Party
1958 – United States Air Force Academy opens in Colorado Springs, Colorado
1916 – The United States passes the Philippine Autonomy Act
1911 – Ishi, considered the last Native American to make contact with European Americans, emerges from the wilderness of northeastern California
1898 – The Goodyear tire company is founded in Akron, Ohio
1869 – The Mount Washington Cog Railway opens, making it the world's first mountain-climbing rack railway
1831 – Michael Faraday discovers electromagnetic induction
1786 – Shays' Rebellion, an armed uprising of Massachusetts farmers, begins in response to high debt and tax burdens
Friday, August 29, 2025
Wednesday, August 27, 2025
From the New York Times: New C.D.C. Director Is Fired, White House Says
More tests of the removal powers of the president.
- Click here for it.
The White House said late Wednesday that it had fired Susan Monarez, the new director of the Centers for Disease Control and Prevention, after a tense confrontation in which Health Secretary Robert F. Kennedy Jr. tried to remove her from her position and she refused to resign.
Because Dr. Monarez had been confirmed by the Senate — previous C.D.C. directors were not subject to such confirmation — she served at the pleasure of the president. Mr. Kennedy most likely did not have the authority to dismiss her.
Her lawyers insisted she was staying put. But at 9:30 p.m., a spokesman for President Trump, Kush Desai, said in an email message that Dr. Monarez had been terminated.
“As her attorney’s statement makes abundantly clear, Susan Monarez is not aligned with the President’s agenda of Making America Healthy Again,” Mr. Desai wrote.
“Since Susan Monarez refused to resign despite informing HHS leadership of her intent to do so, the White House has terminated Monarez from her position with the C.D.C.”
Dr. Monarez’s firing, along with the resignations of four of the C.D.C.’s top leaders, will undoubtedly throw the nation’s public health agency into further turmoil after a tumultuous month in which agency employees were laid off and a gunman fired a barrage of bullets at the Atlanta headquarters, killing a policeman and terrifying employees.
Dr. Monarez’s lawyers, Mark S. Zaid and Abbe Lowell, asserted in a statement earlier Wednesday that Dr. Monarez’s situation was symbolic of larger issues.
“It is about the systematic dismantling of public health institutions, the silencing of experts, and the dangerous politicization of science,” Mr. Zaid and Mr. Lowell wrote. “The attack on Dr. Monarez is a warning to every American: Our evidence-based systems are being undermined from within.”
- Susan Monarez.
- Centers for Disease Control and Prevention.
- Vaccination policy.
Regarding the First Written Assignment
It occurred to me after a conversation with a student that some of you aren't looking for an occupation, but you'd rather start a business.
If that's the case, figure out the laws that impact business formation.
Here's the statutory code that would apply, but do a general search. See what you need to do.
- Business and Commerce Code
- Business Organizations Code
I'm sure there are many other places to go. Click here for the entire code.
On this day in History:
2011 – The Boeing 787 Dreamliner, Boeing's all-new composite airliner, receives certification from the EASA and the FAA
1920 – The 19th amendment to United States Constitution, giving women the right to vote, is certified
1849 – President Faustin Soulouque of the First Republic of Haiti has the Senate and Chamber of Deputies proclaim him the Emperor of Haiti, abolishing the Republic and inaugurating the Second Empire of Haiti.
1791 – John Fitch is granted a United States patent for the steamboat
1789 – The Declaration of the Rights of Man and of the Citizen is approved by the National Constituent Assembly of France.
1768 – Captain James Cook sets sail from England on board HMS Endeavour
1767 – Jesuits all over Chile are arrested as the Spanish Empire suppresses the Society of Jesus
1748 – The first Lutheran denomination in North America, the Pennsylvania Ministerium, is founded in Philadelphia.
August 27:
2003 – The first six-party talks, involving South and North Korea, the United States, China, Japan and Russia, convene to find a peaceful resolution to the security concerns of the North Korean nuclear weapons program.
1991 – The European Community recognizes the independence of the Baltic states of Estonia, Latvia and Lithuania
1980 – South Korean presidential election: After successfully staging the Coup d'état of May Seventeenth, General Chun Doo-hwan, running unopposed, has the National Conference for Unification elect him President of the Fourth Republic of Korea.
1964 – South Vietnamese junta leader Nguyá»…n Khánh enters into a triumvirate power-sharing arrangement with rival generals Trần Thiện Khiêm and Dương Văn Minh, who had both been involved in plots to unseat Khánh
1963 – An explosion at the Cane Creek potash mine near Moab, Utah kills 18 miners
1962 – The Mariner 2 unmanned space mission is launched to Venus by NASA
1928 – The Kellogg–Briand Pact outlawing war is signed by fifteen nations. Ultimately sixty-one nations will sign it
1859 – Petroleum is discovered in Titusville, Pennsylvania, leading to the world's first commercially successful oil well
1832 – Black Hawk, leader of the Sauk tribe of Native Americans, surrenders to U.S. authorities, ending the Black Hawk War
1776 – American Revolutionary War: Members of the 1st Maryland Regiment repeatedly charged a numerically superior British force during the Battle of Long Island, allowing General Washington and the rest of the American troops to escape
What is Government? What is Politics?
From ChatGPT:
Define "Government"
"Government" is the system or organization through which political authority is exercised and public policy is made and enforced within a community, state, or nation.
A government typically:
- Makes laws (legislative function)
- Enforces laws (executive function)
- Interprets laws (judicial function)
Provides services and protection (such as security, infrastructure, and rights)
Define "Politics"
"Politics" is the process by which people and groups make decisions about how power and resources are distributed within a community, society, or government.
In other words, politics is about who gets what, when, and how.
It usually involves:
- Power and influence – how individuals or groups try to shape decisions.
- Conflict and compromise – competing interests working toward agreements.
So, while government is the institution that rules, politics is the activity and struggle over how that rule is exercised.
Tuesday, August 26, 2025
Dear ChatGPT: why are certain federal executive agencies called "independent agencies?"
Here are the key reasons they’re considered "independent":
Not Part of Cabinet Departments: Unlike cabinet departments, independent agencies do not fall under the direct authority of a cabinet secretary. Instead, they report directly to the president or to Congress, depending on their structure.
Leadership Structure: Many are led by commissions or boards with multiple members (e.g., the Federal Trade Commission, the Securities and Exchange Commission). These leaders often serve fixed, staggered terms, which means the president cannot easily remove them at will.
Removal Protections: In some cases, the heads of these agencies can only be removed "for cause" (such as neglect of duty or misconduct) rather than at the president’s discretion. This is designed to insulate them from political pressure.
Specialized Functions: Independent agencies are often created by Congress to handle technical, regulatory, or enforcement tasks that require expertise and should be less subject to partisan politics. Examples include the Environmental Protection Agency (EPA), NASA, and the Social Security Administration.
Balance of Power: Their independence helps ensure that certain important functions—like regulating markets, enforcing election laws, or protecting consumer rights—are carried out in a relatively impartial way, even when presidential or congressional leadership changes.
In short: They’re called "independent" because Congress designed them to operate with some insulation from presidential and partisan control, ensuring continuity, expertise, and fairness in certain government functions.
From the New York Times: Trump, in a Move With Little Precedent, Says He Is Firing a Fed Governor
- Click here for the article.
President Trump said on Monday that he was taking the extraordinary step of removing Lisa Cook from the Board of Governors of the Federal Reserve, in a legally dubious maneuver that could undermine the independence of the nation’s central bank.
Ms. Cook has not been charged with wrongdoing or convicted of a crime. In the days before Mr. Trump attempted to remove her, the president had made no secret about his desire to remake the roster of the Fed, as he savaged its members, including Jerome H. Powell, the chair, for keeping interest rates too high.
By targeting Ms. Cook, Mr. Trump appeared to set the stage for a landmark battle that could define the limits of his power over the Fed. Many legal experts raised serious concerns late Monday with the manner of Ms. Cook’s dismissal, and the president’s justification for doing so, as they warned that Mr. Trump’s intervention could compromise an institution at the heart of the economy with damaging results.
In response: Lisa Cook Says She Will Not Step Down From the Fed Board.
Mr. Trump announced the firing, which he said was effective immediately, earlier on Monday. He cited allegations that Ms. Cook may have falsified records in order to obtain favorable terms on a mortgage, even though she has not been charged with wrongdoing or convicted of a crime.
In a statement released through her lawyer on Monday evening, Ms. Cook said that “no cause exists under the law” for Mr. Trump to fire her.
“I will not resign,” she said. “I will continue to carry out my duties to help the American economy as I have been doing since 2022.”
Her lawyer, Abbe David Lowell, added: “We will take whatever actions are needed to prevent his attempted illegal action.”
Ms. Cook was initially appointed to the Board of Governors to fill an unexpired term. She was reappointed in 2023, and her full term is set to end in January 2038.
To fire Ms. Cook, Mr. Trump invoked a power in the Fed’s founding statute that allows him to remove members of the board with cause. He justified the maneuver, a legally dubious one that could undermine the independence of the central bank, by claiming that the allegations of mortgage fraud compromised Ms. Cook’s ability to perform as an effective financial regulator.
Mr. Trump has made no secret about his desire to remake the roster of the Federal Reserve, relentlessly attacking the central bank and its members in the hopes they will lower borrowing costs.
Until recently, he was focused on Jerome H. Powell, the Fed chair. But his attention recently turned to Ms. Cook. Bill Pulte, the director of the Federal Housing Finance Agency, last week accused her of falsifying records to obtain more favorable terms on mortgages, and said the agency had referred the issue to the Justice Department.
Dear ChatGPT: What is the extent of a president's removal powers?
1. Constitutional Basis
- The Constitution is silent on the president’s explicit removal power.
- Article II vests the “executive power” in the president and obliges the president to “take care that the laws be faithfully executed.”
- From this, many have argued that the president must be able to remove executive officials to ensure accountability.
2. Early Understanding
- 1789 Decision (the “Decision of 1789”): When creating the first executive departments, Congress debated whether the president alone could remove officials. The conclusion was that removal was an inherent presidential power (at least for purely executive officers).
3. Supreme Court Precedents
- Myers v. United States (1926): The Court held that the president has the exclusive power to remove executive branch officials (in this case, a postmaster) without Senate approval.
- Humphrey’s Executor v. United States (1935): The Court limited Myers, ruling that Congress can restrict removal of officials in independent regulatory agencies (like the FTC) who perform quasi-legislative or quasi-judicial functions.
- Morrison v. Olson (1988): Upheld limits on removal of independent counsel, ruling that such limits do not always violate separation of powers.
- Seila Law v. CFPB (2020): Court struck down restrictions on removal of the single director of the Consumer Financial Protection Bureau, reaffirming strong presidential removal power over principal executive officers.
4. Current Understanding
- Purely executive officers (e.g., Cabinet secretaries): The president can remove them at will.
- Independent agencies (e.g., FTC, SEC, Federal Reserve): Congress may grant some protections (like “for cause” removal), but the Court has been skeptical of broad restrictions.
- Inferior officers (e.g., certain prosecutors, administrative judges): Congress has some leeway to insulate them from removal, depending on their functions.
5. Limits
The president cannot remove federal judges (who serve during “good behavior”).
- Congress cannot directly remove executive officials, but it can impeach them.
- Congress can limit removal in certain independent agencies, though the Supreme Court has been narrowing these limits.
In short: The president has broad removal powers over executive officials, especially those who carry out core executive functions. Congress can create some limits for independent or quasi-legislative/quasi-judicial officers, but recent Supreme Court rulings have pushed back toward stronger presidential control.
A summary of what you should have learned in kindergarden through 5th grade
Kindergarden
- Rules
- order, security, safety
- authority figures
First Grade
- laws
- home, school, community
- establish order
- provide security
- manage conflict
- public officials
- responsibilities of authority
Second Grade
- purpose of governments
- government services
- police and fire protection
- libraries
- schools
- parks
- value to the community
- role of public officials
- name public officials
- mayor, governor, president
- selection of officials
- elections
- appointments
- citizen participation
- staying informed
- providing input
- volunteering
- participation in government functions
Third Grade
- structure and function of levels of government
- basic structure of various levels
- local community
- state
- nation
- official on each level
- how chosen?
- services provided by each level
- ideas in historical documents
- Declaration of Independence
- U.S. Constitution
- Bill of Rights
- consent of the governed
Fourth Grade
- evolving governments in early Texas
- Caddo government
- Comanche government
- Spanish colonial government
- early Mexican government
- historical document of Texas
- Texas Declaration of Independence
- Texas Constitution
- functions of the three branches
- Celebrate Freedom Week
Fifth Grade
- organizations of colonial governments
- representative governments
- monarchy
- Mayflower compact
- Virginia House of Burgesses
- Ideas in basic American documents
- basic functions of three branches
- reason for checks and balances
- describe checks and balances
- national government
- state government
- federal system
On This Day in History: August 25
2003 – NASA successfully launches the Spitzer Space Telescope into space
1991 – Belarus gains its independence from the Soviet Union
1967 – George Lincoln Rockwell, founder of the American Nazi Party, is assassinated by a former member of his group
1961 – President Jânio Quadros of Brazil resigns after just seven months in power, initiating a political crisis that culminates in a military coup in 1964
1950 – To avert a threatened strike during the Korean War, President Truman orders Secretary of the Army Frank Pace to seize control of the nation's railroads
1948 – The House Un-American Activities Committee holds first-ever televised congressional hearing: "Confrontation Day" between Whittaker Chambers and Alger Hiss
1933 – Nazi Germany and the Zionist Federation of Germany signed the Haavara Agreement. The agreement was a major factor in breaking the anti-Nazi boycott of 1933 and facilitated Jewish emigration from Germany and into Palestine
1914 – World War I: The library of the Catholic University of Leuven is deliberately destroyed by the German Army. Hundreds of thousands of irreplaceable volumes and Gothic and Renaissance manuscripts are lost
1835 – The first Great Moon Hoax article is published in The New York Sun, announcing the discovery of life and civilization on the Moon
1823 – American fur trapper Hugh Glass is mauled by a grizzly bear while on an expedition in South Dakota
Monday, August 25, 2025
Dear Chat GPT: What is a de facto government?
I've been catching up with drug cartels and how they acquire and maintain power, actual power. Like they can kill you and everyone you know and get away with it.
Doesn't that make them a government? Not in law, but in reality.
Turns out there is such a thing as a de facto government - like the cartels - and a de jure government. Teh government of Mexico is one example, or Katy.
Here's what ChatGPT tells me about them:
A de facto government is a government that has taken power and is exercising control over a territory, but without legal or constitutional legitimacy.
- "De facto" means "in fact" or "in practice." A de facto government exists in reality because it has actual power and control.
- It differs from a de jure government ("by law"), which is the government legally recognized by a country’s constitution or international law.
De facto governments often arise through coups, revolutions, or military takeovers, when an existing government is displaced but the new rulers are not lawfully established.
They may or may not be recognized by other states or international organizations.
Example: If the military overthrows a country’s elected government and rules without a legal mandate, that military regime would be considered a de facto government.
Sunday, August 24, 2025
On this Day in History: 8/24/25
1954 – The Communist Control Act goes into effect, outlawing the Communist Party in the United States
1909 – Workers start pouring concrete for the Panama Canal
1857 – The Panic of 1857 begins, setting off one of the most severe economic crises in United States history
1816 – The Treaty of St. Louis is signed in St. Louis, Missouri
1682 – William Penn receives the area that is now the state of Delaware, and adds it to his colony of Pennsylvania
1662 – The 1662 Book of Common Prayer is legally enforced as the liturgy of the Church of England, precipitating the Great Ejection of Dissenter ministers from their benefices
1215 – Pope Innocent III issues a bull declaring Magna Carta invalid.
Meet my ex neighbor / new Dean of the College of Nursing and Health Sciences at Texas A&M International University
Dr. Elda G. Ramirez
The American College of Vetenary Ophthalmologists
My cat has an ouchy on and in its eye.
I took him to this guy to try to make it better.
Notice his shirt. These are the people who let him do it. You may well have to do something similar for your choosen profession.
Who are they?
- The American College of Vetenary Ophthalmologists.
- Veterinary specialties.
- Texas Occupations Code: TITLE 4. PROFESSIONS RELATED TO ANIMALS CHAPTER 801. VETERINARIANS.
- So, you want to be a veterinary ophthalmologist?!
Why do you have to take this class? Welcome to Texas Education Code: Sec. 51.301.
An example of statutory law
For more: Texas Law.
GOVERNMENT OR POLITICAL SCIENCE.
(a) Every college and university receiving state support or state aid from public funds shall give a course of instruction in government or political science which includes consideration of the Constitution of the United States and the constitutions of the states, with special emphasis on that of Texas. This course shall have a credit value of not less than six semester hours or its equivalent.
Except as provided by Subsection (c), a college or university receiving state support or state aid from public funds may not grant a baccalaureate degree or a lesser degree or academic certificate to any person unless the person has credit for such a course.
The college or university may determine that a student has satisfied this requirement in whole or in part on the basis of credit granted to the student by the college or university for a substantially equivalent course completed at another accredited college or university or on the basis of the student's successful completion of an advanced standing examination administered on the conditions and under the circumstances common for the college or university's advanced standing examinations.
The college or university may grant as much as three semester hours of credit or its equivalent toward satisfaction of this requirement for substantially equivalent work completed by the student in the program of an approved senior R.O.T.C. unit.
(1) the program is operated by the medical and dental unit under contract with the United States Army;
(2) the program requires less than two years of residency in this state; and
(3) the principal participants in the program are military personnel stationed outside this state.
(c) The governing board of a general academic teaching institution that offers a joint baccalaureate degree program under a contract with a foreign college or university may exempt a student enrolled in the joint degree program from the course requirement prescribed by Subsection (a) if the student:
(1) enrolled in the foreign college or university before enrolling in the joint degree program or is otherwise considered to be primarily a student of the foreign college or university; and
(2) successfully completes the American Way course described by Subsection (d) at the institution the student attends or, with the approval of that institution, at another general academic teaching institution that offers the course.
(d) The American Way course authorized by Subsection (c)(2) must be designed to provide a foreign student with a familiarity and understanding of United States government and civic life and their sources, development, and character. The course must concentrate on important texts, including the United States Constitution and the Declaration of Independence, on the works and contributions of influential authors, political and cultural leaders, and other important figures, and on important events and developments in United States history. The course must cover important developments in human and civil rights, including the civil rights movement and the history of women's rights. The course must cover the history and development of the State of Texas and its place in United States history and culture. The course must consist of four semester credit hours, with one semester credit hour in practicum activities intended to provide the student with experience in the three branches of government through participation at the federal, state, or local level. The course may not be taken for course credit by a student other than a student described by Subsection (c).
(e) In this section, "general academic teaching institution" has the meaning assigned by Section 61.003.
Amended by Acts 1995, 74th Leg., ch. 5, Sec. 1, eff. March 23, 1995; Acts 1995, 74th Leg., ch. 17, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 539 (S.B. 1051), Sec. 1, eff. June 16, 2007.
Dear ChatGPT: What is the difference between athoritarianism and democracy?
Authoritarianism
- Power concentrated: Authority is held by a single ruler, a small elite, or a political party.
- Limited political freedoms: Citizens have little to no role in decision-making; opposition is often restricted or suppressed.
- Rule by force/control: Leaders maintain power through censorship, propaganda, intimidation, or coercion.
- No checks and balances: Institutions (courts, legislature, media) are often controlled by those in power.
Examples:
Dictatorships
Military regimes
One-party states.
Democracy
- Power distributed: Political power comes from the people, typically through free and fair elections.
- Political freedoms: Citizens have rights such as free speech, assembly, and the ability to criticize leaders.
- Rule of law: Leaders must follow the same laws as citizens.
- Checks and balances: Independent courts, legislatures, and media act as restraints on power.
Types:
Direct democracy (citizens vote directly on policies)
Representative democracy (citizens elect officials to govern).
In short:
Authoritarianism = government controls the people.
Democracy = people control the government.
Saturday, August 23, 2025
On This Day in History: 8/23/2025
1991 – The World Wide Web is opened to the public.
1970 – Organized by Mexican American labor union leader César Chávez, the Salad Bowl strike, the largest farm worker strike in U.S. history, begins.
1966 – Lunar Orbiter 1 takes the first photograph of Earth from orbit around the Moon.
1927 – Italian anarchists Sacco and Vanzetti are executed after a lengthy, controversial trial.
1904 – The automobile tire chain is patented.
1831 – Nat Turner's rebellion of enslaved Virginians is suppressed.
1784 – Western North Carolina (now eastern Tennessee) declares itself an independent state under the name of Franklin; it is not accepted into the United States, and only lasts for four years.
1775 – American Revolutionary War: King George III delivers his Proclamation of Rebellion to the Court of St James's stating that the American colonies have proceeded to a state of open and avowed rebellion.
1572 – French Wars of Religion: Mob violence against thousands of Huguenots in Paris results in the St. Bartholomew's Day massacre.
Monday, August 18, 2025
What is statelessness?
From ChatGPT:
Statelessness is the condition of not being recognized as a citizen or national by any country under its laws.
In other words, a stateless person has no legal nationality. This means:
- They may not have the right to a passport or official identification.
- They can be denied access to education, healthcare, employment, property ownership, and other rights that usually come with citizenship.
- They may face difficulties traveling, marrying, or even registering their children.
From Wikipedia: Click here for the page.
In international law, a stateless person is someone who is, “Not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees published an estimation of 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021. However, the data itself is not complete because UNHCR does not have data from many countries, such as from at least 22 countries where mass statelessness exists. The data also does not include de facto stateless people who have no legal identification to prove their nationality or legal existence. According to the World Bank, at least 850 million fit that category. Given that the legal concept of nationality prevails in practice, completely undocumented people fit the definition of being de facto stateless.
Thursday, August 14, 2025
On this day in history - 8/14/2025
1936 – Rainey Bethea is hanged in Owensboro, Kentucky in the last known public execution in the United States.
1935 – Franklin D. Roosevelt signs the Social Security Act, creating a government pension system for the retired.
1848 – Oregon Territory is organized by act of Congress.
1842 – American Indian Wars: Second Seminole War ends, with the Seminoles forced from Florida.
1784 – Russian colonization of North America: Awa'uq Massacre: The Russian fur trader Grigory Shelikhov storms a Kodiak Island Alutiit refuge rock on Sitkalidak Island, killing 500+ Alutiit.
1720 – The Spanish military Villasur expedition is defeated by Pawnee and Otoe warriors near present-day Columbus, Nebraska.
1264 – After tricking the Venetian galley fleet into sailing east to the Levant, the Genoese capture an entire Venetian trade convoy at the Battle of Saseno.
74 BC – A group of officials, led by the Western Han minister Huo Guang, present articles of impeachment against the new emperor, Liu He, to the imperial regent, Empress Dowager Shangguan.
Sunday, August 10, 2025
Regarding Faculty Senates
Recent legislation has made them subservient to the universities and the universities more influenced by the governor.
The bill is SB 37.
- Texas State University System adopts rules limiting power of faculty advisory groups.
- Texas State System dissolves faculty senates, eroding professors' influence on campuses.
- Texas Governor Signs Law Giving Presidents Control of Faculty Senates.
- Alamo Colleges proposes cutting faculty senates by 89 members in response to new Texas law.
- Lt. Gov. Dan Patrick Statement on the Passage of Senate Bill 37 – Reforming Faculty Senates.
- Chancellor Hegar hints the Texas A&M Faculty Senate may stick around.
Sunday, August 3, 2025
Saturday, August 2, 2025
On this day August 2: The Potsdam Conference
An example of treaty making, one of the fundamental powers of the executive branch.
The goal?
To decide how to administer Germany, which had agreed to an unconditional surrender nine weeks earlier. The goals of the conference also included establishing the postwar order, solving issues on the peace treaty, and countering the effects of the war.
- Click here for the Wikipedia entry.
Sunday, July 27, 2025
From the Office of the Texas Governor: Governor Abbott Announces Special Session Agenda
This is from July 9th. The session started on July 21st and can run no more than 30 days.
- You might find this primer helpful: Texas Legislature 101: Understanding the state government and how it passes laws.
- Click here for the announcement.
The Special Session agenda items include:
FLOOD EMERGENCY COMMUNICATIONS: Legislation to strengthen emergency communications and other response infrastructure in flood-prone areas throughout Texas.
RELIEF FUNDING FOR HILL COUNTRY FLOODS: Legislation to provide relief funding for response to and recovery from the storms which began in early July 2025, including local match funding for jurisdictions eligible for FEMA public assistance.
NATURAL DISASTER PREPARATION & RECOVERY: Legislation to evaluate and streamline rules and regulations to speed preparedness for and recovery from natural disasters.
ELIMINATE STAAR TEST: Legislation to eliminate the STAAR test and replace it with effective tools to assess student progress and ensure school district accountability.
CUT PROPERTY TAXES: Legislation reducing the property tax burden on Texans and legislation imposing spending limits on entities authorized to impose property taxes.
PROTECT CHILDREN FROM THC: Legislation making it a crime to provide hemp-derived products to children under 21 years of age.
REGULATE HEMP-DERIVED PRODUCTS : Legislation to comprehensively regulate hemp-derived products, including limiting potency, restricting synthetically modified compounds, and establishing enforcement mechanisms, all without banning a lawful agricultural commodity.
PROTECT UNBORN CHILDREN: Legislation further protecting unborn children and their mothers from the harm of abortion.
BAN TAXPAYER-FUNDED LOBBYING: Legislation prohibiting taxpayer-funded lobbying, including the use of tax dollars to hire lobbyists and payment of tax dollars to associations that lobby the Legislature.
PROTECT HUMAN TRAFFICKING VICTIMS: Legislation, similar to Senate Bill No. 1278 from the 89th Legislature, Regular Session, that protects victims of human trafficking from criminal liability for non-violent acts closely tied to their own victimization.
POLICE PERSONNEL RECORDS: Legislation that protects law enforcement officers from public disclosure of unsubstantiated complaints in personnel files.
PROTECT WOMEN’S SPACES: Legislation protecting women’s privacy in sex-segregated spaces.
ATTORNEY GENERAL ELECTION POWERS: Legislation proposing a constitutional amendment allowing the Attorney General to prosecute state election crimes.
REDISTRICTING: Legislation that provides a revised congressional redistricting plan in light of constitutional concerns raised by the U.S. Department of Justice.
TITLE THEFT & DEED FRAUD: Legislation, similar to Senate Bill No. 648 from the 89th Legislature, Regular Session, that provides strengthened protections against title theft and deed fraud.
WATER PROJECT INCENTIVES: Legislation, similar to Senate Bill No. 1253 from the 89th Legislature, Regular Session, that authorizes political subdivisions to reduce impact fees for builders who include water conservation and efficiency measures.
STATE JUDICIAL DEPARTMENT: Legislation, similar to Senate Bill No. 2878 from the 89th Legislature, Regular Session, relating to the operation and administration of the Judicial Department of state government.
From the Washington Post: A mysterious LLC is using a 300-year-old law to target D.C. sports betting
I love this story.
It fits into my ongoing exploration about the origins of law. This story has the added feature of highlighting a conflict in the law.
Here's helpful background:
- Statute of Anne.
- LLC - limited liability company.
- 16 Benefits of a Delaware LLC.
- § 16–1702. Recovery of losses at gaming.
- Click here for the article.
More than 300 years ago, wanting to protect gamblers from losing everything, the British Parliament passed the Statute of Anne, named for the then-reigning British monarch, Queen Anne.
Until now, that is.
The 18th-century statute is now threatening the major sports betting companies that operate in D.C., emerging recently in a federal lawsuit filed this spring against the companies by a mysterious Delaware-based LLC.
The LLC, DC Gambling Recovery, revived the Statute of Anne in seeking to recover potentially millions of dollars in gambling losses from sports betting giants, including Caesars Sportsbook, BetMGM and DraftKings, that it says the law allows it to recoup.
In D.C., the law states that gambling losses of $25 or more can be recovered in a lawsuit. If the plaintiff wins, the LLC would be required to split the damages in half with the city, and its attorneys estimate the District could take in more than $300 million. That is, if the D.C. Council lets the lawsuit move forward.
On Monday, D.C. lawmakers may vote to change the Statute of Anne for the first time in decades by clarifying that the 18th-century law does not apply to legalized modern sports betting — a retroactive provision that they’ve attached to the nearly $22 billion budget that could, in turn, moot the lawsuit.
See also: Wilson Building Bulletin: The fight over a British monarch’s gambling law continues.
Monday, July 21, 2025
Where do laws come from?
Sometimes they come from Ancient Rome.
Case in point: Laws regarding the ownership of beaches. These date back to the time of Justinian and are still the basis of much - though not all - of contemporary law on the subject. A similar story can be told about most every type of law that exists.
From the New York Times: An Ancient Law Could Shape the Modern Future of America’s Beaches. Here’s How.
. . . At issue is a legal concept from the sixth century A.D., when Emperor Justinian ordered the codification of Roman laws. The resulting code declared that features of nature like the air, running water, the sea and “the shores of the sea” must be held in trust for the use of the public. That idea passed into English common law, and then to the United States.
As a result, environmentalists, regulators, surfers and others say that landowners must not install sea walls or other coastal armor that will inevitably doom public beaches to disappear. On the other hand, owners of beachfront houses, hotels and other properties argue that if rules against coastal armor cause their private property to vanish beneath the waves, then they must be compensated for their losses.
The result is an impasse playing out from Hawaii to South Carolina.
When it comes to beaches, “there tends to be a lot of agreement that people would like to preserve these properties,” said Jeremy Talcott, an attorney at the Pacific Legal Foundation, which has represented property owners in disputes over armor. But there is “a much lower desire to actually pay for it.”
. . . Though rules vary, most U.S. states follow the principle that land below the high-tide line is public property. In Rhode Island, for example, members of the public may walk, fish, gather seaweed and “leave the shore to swim in the sea” on these beaches. These rights are set out in the State Constitution.
Until recently, most court cases about public trust beaches involved property owners who posted no-trespassing signs, erected fences or hired guards to keep people out. Now, the very existence of these beaches is often the issue.
One such case in Columbia, S.C., involves setback rules first adopted in 1988.
This spring in South Carolina Administrative Law Court, Rom and Renee Reddy challenged the state Department of Environmental Services, which had fined them $289,000 for building what officials called an “unpermitted” sea wall at their house on Isle of Palms.
. . . A decision by Judge Ralph K. Anderson III is pending.
For more:
- Justinian Code.
- Common Law.
- Public Trust Doctrine.
- Texas Open Beaches Act.
Sunday, July 20, 2025
For my 11 week GOVT 2305 students: The 1000 word essay
The essay will be due before you know it. If you haven't already, get going on it.
I'll help.
Here's the assignment:
Executive Influence on the Legislature
Describe how successful Governor Abbott has been in influencing the agenda of the 89th Texas Legislative Session.
Some of the powers the governor is granted in the Texas Constitution allow him to impact the legislative process. He can declare that certain pieces of legislation are emergencies, meaning they can be considered before any other. He can also veto legislation without the possibility of an override by the legislature. He can also veto and funding he does not care for, again without the possibility of an override. There are other informal ways he can persuade and/or coerce the legislature to pass the bills he wants passed.
Used skillfully, these allow a governor to dictate what the legislature will do.
Has our governor been successful this session?
I'll break this down to a few smaller questions:
- What are the legislative powers of the governor?
- What is emergency legislation?
- What legislation did Governor Abbott declare emergencies? Why?
- How did he promote each of these laws?
- What opposition existed for each of these laws?
- How successful have past governors been in promoting their legislative agenda?
(Idea: Input these into ChapGPT and see what you get.)
There will be more, plus helpful sources of information.