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.