Thursday, September 26, 2019
Wednesday, September 25, 2019
From Lawfare: How Companies Can Help Make Police Facial Recognition Systems More Transparent
For 2305, the next big issue in search and seizures.
- Click here for the article.
As facial recognition becomes an increasingly common law enforcement tool, the risks it can pose are becoming increasingly clear. Recently, police in Hong Kong are weaponizing the technology to identify protesters, who are using everything from face masks to laser pointers to try to avoid government retaliation for taking to the streets.
It may seem implausible that police in America would use facial recognition to identify and target protesters—but this has actually already happened. Several years ago, Baltimore police used a social media monitoring company, Geofeedia, to scan social media photos of people at a constitutionally protected protest of the death of Freddie Gray in police custody. Police used this information to find out if any protesters had outstanding warrants, and, according to the Baltimore Sun, arrested them “directly from the crowd.” Social media companies responded to this news by cutting off Geofeedia’s ability to scrape their photo data.
To the best of the public’s knowledge, law enforcement agencies have not tried to harness social media and online photo databases for facial recognition since the Geofeedia incident. But both technology companies and civil liberties advocates need to prepare for this possibility. Major companies that maintain personal photos through photo storing and sharing services—such as Facebook, Google, Apple, Amazon, Dropbox and Yahoo—should consider adding information on facial recognition to their annual transparency reports detailing many of their interactions with the government, including how the companies responded to government demands to turn over content.
Companies should also alert the public if the government issues orders to access these photo databases to conduct facial recognition scans. Given many companies’ proactive attitudes toward increasing transparency about government surveillance demands, publishing information on facial recognition would meaningfully expand their work to protect and better inform users.
The rapidly growing use of facial recognition makes it all the more important for companies to take such a step now: Already, at least one in four police departments possesses the capability to use facial recognition surveillance, and the FBI conducts an average of 4,000 facial recognition searches every month.
- Geofeedia.
- Click here for the article.
As facial recognition becomes an increasingly common law enforcement tool, the risks it can pose are becoming increasingly clear. Recently, police in Hong Kong are weaponizing the technology to identify protesters, who are using everything from face masks to laser pointers to try to avoid government retaliation for taking to the streets.
It may seem implausible that police in America would use facial recognition to identify and target protesters—but this has actually already happened. Several years ago, Baltimore police used a social media monitoring company, Geofeedia, to scan social media photos of people at a constitutionally protected protest of the death of Freddie Gray in police custody. Police used this information to find out if any protesters had outstanding warrants, and, according to the Baltimore Sun, arrested them “directly from the crowd.” Social media companies responded to this news by cutting off Geofeedia’s ability to scrape their photo data.
To the best of the public’s knowledge, law enforcement agencies have not tried to harness social media and online photo databases for facial recognition since the Geofeedia incident. But both technology companies and civil liberties advocates need to prepare for this possibility. Major companies that maintain personal photos through photo storing and sharing services—such as Facebook, Google, Apple, Amazon, Dropbox and Yahoo—should consider adding information on facial recognition to their annual transparency reports detailing many of their interactions with the government, including how the companies responded to government demands to turn over content.
Companies should also alert the public if the government issues orders to access these photo databases to conduct facial recognition scans. Given many companies’ proactive attitudes toward increasing transparency about government surveillance demands, publishing information on facial recognition would meaningfully expand their work to protect and better inform users.
The rapidly growing use of facial recognition makes it all the more important for companies to take such a step now: Already, at least one in four police departments possesses the capability to use facial recognition surveillance, and the FBI conducts an average of 4,000 facial recognition searches every month.
- Geofeedia.
From Lawfare: The Impeachable Offense
"Other high Crimes and Misdemeanors"
This is the third, catchall phrase in the formula designating impeachable offenses. The reader will hardly need to be told that it must generate, and has generated, great difficulties of interpretation. Some definite things can be said about its extent, but we will be left with an area of considerable vagueness. Let us take the definite things first.
It would be well to start with the one and only discussion of the phrase at the 1787 Constitutional Convention. The day was September 8, 1787, just nine days before the Constitution was signed and transmitted for the adherence of the states. The impeachment provision, as reported out by the last of the convention committees (except the final one charged only with polishing the style of the Constitution), listed "treason and bribery" as the only grounds for impeachment and removal. The colloquy we need to look at was brief, taking perhaps five minutes:
This is the third, catchall phrase in the formula designating impeachable offenses. The reader will hardly need to be told that it must generate, and has generated, great difficulties of interpretation. Some definite things can be said about its extent, but we will be left with an area of considerable vagueness. Let us take the definite things first.
It would be well to start with the one and only discussion of the phrase at the 1787 Constitutional Convention. The day was September 8, 1787, just nine days before the Constitution was signed and transmitted for the adherence of the states. The impeachment provision, as reported out by the last of the convention committees (except the final one charged only with polishing the style of the Constitution), listed "treason and bribery" as the only grounds for impeachment and removal. The colloquy we need to look at was brief, taking perhaps five minutes:
The clause referring to the Senate, the trial of impeachments agst. the President, for Treason & bribery, was taken up.
Col. Mason. Why is the provision restrained to Treason & bribery only? Treason as defined in the Constitution will not reach many great and dangerous offences. Hastings is not guilty of Treason. Attempts to subvert the Constitution may not be Treason as above defined— As bills of attainder which have saved the British Constitution are forbidden, it is the more necessary to extend: the power of impeachments. He movd. to add after "bribery" "or maladministration". Mr. Gerry seconded him—
Mr Madison So vague a term will be equivalent to a tenure during pleasure of the Senate.
Mr Govr Morris, it will not be put in force & can do no harm— An election of every four years will prevent maladministration.
Col. Mason withdrew "maladministration" & substitutes "other high crimes & misdemeanors"
On the question thus altered
From the Texas Tribune: New Texas prison program aims to help women leave the system with jobs waiting for them
For 2306, a look at the evolving nature of criminal justice in Texas.
- Click here for the article.
More than 12,000 women were incarcerated in Texas prison facilities as of August 2018, and nearly 11,000 were released from state custody in the preceding year, according to TDCJ. Texas has a relatively low recidivism rate compared with other states, with about 20% of those leaving state prisons being reincarcerated within three years. That number is 15% for women. (More than 40% are rearrested within the same time frame.)
But the increasing number of women in a male-dominated prison system has raised criticism over a lack of opportunities at women’s prisons. This year, state lawmakers passed multiple bills to improve gender-specific services, including a measure requiring the agency to adopt more educational, vocational and reentry programs geared toward women.
With the creation of STRIVE, an acronym for Strength Through Restoration, Independence, Vision and Empowerment, prison officials said they chose women they determined would have a higher risk of ending up back in prison without additional support. It’s free for the women, and officials said the agency hired a couple of new employees, though it’s mostly run with existing staff and equipment. As the program grows — the agency aims to double it by the end of the year — officials said women in state prisons will be eligible if they aren’t in high-security custody or other treatment programs.
- Click here for the article.
More than 12,000 women were incarcerated in Texas prison facilities as of August 2018, and nearly 11,000 were released from state custody in the preceding year, according to TDCJ. Texas has a relatively low recidivism rate compared with other states, with about 20% of those leaving state prisons being reincarcerated within three years. That number is 15% for women. (More than 40% are rearrested within the same time frame.)
But the increasing number of women in a male-dominated prison system has raised criticism over a lack of opportunities at women’s prisons. This year, state lawmakers passed multiple bills to improve gender-specific services, including a measure requiring the agency to adopt more educational, vocational and reentry programs geared toward women.
With the creation of STRIVE, an acronym for Strength Through Restoration, Independence, Vision and Empowerment, prison officials said they chose women they determined would have a higher risk of ending up back in prison without additional support. It’s free for the women, and officials said the agency hired a couple of new employees, though it’s mostly run with existing staff and equipment. As the program grows — the agency aims to double it by the end of the year — officials said women in state prisons will be eligible if they aren’t in high-security custody or other treatment programs.
From Texas Monthly: Is John Cornyn Vulnerable? For many years, taking on the senior Texas senator seemed like a fool’s errand. But in 2020, Cornyn looks less than invincible.
For both 2305 and 2306.
- Click here for the article.
. . . to most people—including many Texas Democrats—Cornyn’s run for reelection in 2020 seemed like just another sure thing, one last ride before the 67-year-old hung up his spurs and started raking it in as a lobbyist or a rainmaker for some big-deal law firm. Cornyn is certainly still the favorite at this point in the race, but in the last few months, his invincibility has come to look, well, less sure. In fact, a few things have happened that might be responsible for turning fat-cat Republicans into fraidy-cat Republicans.
The first shock came with Beto O’Rourke’s surprisingly narrow loss to Cruz in 2016. And then the polls started rolling in. In February, a Quinnipiac poll showed that voters actually liked Cruz better than Cornyn—51 to 43 percent. This September, another Quinnipiac survey showed that 23 percent of Texas voters said they would definitely consider voting for Cornyn, while 35 percent said they definitely would not. Thirty percent were leaning toward supporting him, while 13 percent were still undecided. You could almost hear the huhs among ambitious Democrats.
Unlike Cruz, Cornyn has a squishy base. Cornyn started out as a Bush Republican, but as time passed and politics changed, he tacked right and then further right like virtually all Texas Republicans. But perhaps Cornyn wasn’t convincing enough as he shifted: Despite his Trumpian voting record, he’s drawn a tea party opponent in the primary. State senator Pat Fallon, of Prosper, is hitting Cornyn in the same way some of the Democratic presidential candidates are attacking front-runner Joe Biden: “What would happen in Texas if we can finally have a candidate—a new one—that energized the right?” Fallon said in a speech on September 9, before announcing he was exploring a run. “That gave everybody in this room something to believe in.”
Fallon is probably not much of a threat, but Cornyn’s fealty to President Trump, which probably looked like a good idea early on, might create other problems for Half of all Texans are not fans of the president, according to most polling. If you are a Republican, maybe you are okay with the border wall, but perhaps those family separations make it hard to sleep at night. Maybe you’re worried about labor shortages that Trump’s anti-immigration policies could create in your business. And what about the trade policies that threaten to cut into profits generated in ports from Laredo to Houston?
- Click here for the article.
. . . to most people—including many Texas Democrats—Cornyn’s run for reelection in 2020 seemed like just another sure thing, one last ride before the 67-year-old hung up his spurs and started raking it in as a lobbyist or a rainmaker for some big-deal law firm. Cornyn is certainly still the favorite at this point in the race, but in the last few months, his invincibility has come to look, well, less sure. In fact, a few things have happened that might be responsible for turning fat-cat Republicans into fraidy-cat Republicans.
The first shock came with Beto O’Rourke’s surprisingly narrow loss to Cruz in 2016. And then the polls started rolling in. In February, a Quinnipiac poll showed that voters actually liked Cruz better than Cornyn—51 to 43 percent. This September, another Quinnipiac survey showed that 23 percent of Texas voters said they would definitely consider voting for Cornyn, while 35 percent said they definitely would not. Thirty percent were leaning toward supporting him, while 13 percent were still undecided. You could almost hear the huhs among ambitious Democrats.
Unlike Cruz, Cornyn has a squishy base. Cornyn started out as a Bush Republican, but as time passed and politics changed, he tacked right and then further right like virtually all Texas Republicans. But perhaps Cornyn wasn’t convincing enough as he shifted: Despite his Trumpian voting record, he’s drawn a tea party opponent in the primary. State senator Pat Fallon, of Prosper, is hitting Cornyn in the same way some of the Democratic presidential candidates are attacking front-runner Joe Biden: “What would happen in Texas if we can finally have a candidate—a new one—that energized the right?” Fallon said in a speech on September 9, before announcing he was exploring a run. “That gave everybody in this room something to believe in.”
Fallon is probably not much of a threat, but Cornyn’s fealty to President Trump, which probably looked like a good idea early on, might create other problems for Half of all Texans are not fans of the president, according to most polling. If you are a Republican, maybe you are okay with the border wall, but perhaps those family separations make it hard to sleep at night. Maybe you’re worried about labor shortages that Trump’s anti-immigration policies could create in your business. And what about the trade policies that threaten to cut into profits generated in ports from Laredo to Houston?
From Wikipedia: September 2019 Israeli legislative election
A look at an election run by proportional representation.
- Click here for it.
Snap legislative elections were held in Israel on 17 September 2019 to elect the 120 members of the twenty-second Knesset. Following the previous elections in April, incumbent Prime Minister Benjamin Netanyahu failed to form a governing coalition, the first such failure in Israeli history.[1] On 30 May, the Knesset voted to dissolve itself and trigger new elections, in order to prevent Blue and White party leader Benny Gantz from being appointed Prime Minister-designate.[2] This election was the first time that the Knesset voted to dissolve itself before a government had been formed.
For more: Knesset.
- Click here for it.
Snap legislative elections were held in Israel on 17 September 2019 to elect the 120 members of the twenty-second Knesset. Following the previous elections in April, incumbent Prime Minister Benjamin Netanyahu failed to form a governing coalition, the first such failure in Israeli history.[1] On 30 May, the Knesset voted to dissolve itself and trigger new elections, in order to prevent Blue and White party leader Benny Gantz from being appointed Prime Minister-designate.[2] This election was the first time that the Knesset voted to dissolve itself before a government had been formed.
For more: Knesset.
From Vox: The sudden Democratic shift in favor of impeaching Trump, explained
Things are about to get interesting.
- Click here for the article.
All of a sudden, President Donald Trump’s impeachment is looking likelier than ever.
Grappling with the latest revelations that Trump tried to pressure the president of Ukraine to investigate Joe Biden’s family, more and more House Democrats are concluding that Trump abused his powers of office — and that it’s time, at long last, for an unambiguous impeachment inquiry.
Their number includes Speaker Nancy Pelosi, who announced Tuesday afternoon that “the House of Representatives is moving forward with an official impeachment inquiry.”
See also: Impeaching the president, explained.
- Click here for the article.
All of a sudden, President Donald Trump’s impeachment is looking likelier than ever.
Grappling with the latest revelations that Trump tried to pressure the president of Ukraine to investigate Joe Biden’s family, more and more House Democrats are concluding that Trump abused his powers of office — and that it’s time, at long last, for an unambiguous impeachment inquiry.
Their number includes Speaker Nancy Pelosi, who announced Tuesday afternoon that “the House of Representatives is moving forward with an official impeachment inquiry.”
See also: Impeaching the president, explained.
From the Austin American Statesman: State ethics agency rebukes Travis County judge
For 2306.
- Click here for the article.
County Court-at-Law Judge John Lipscombe’s actions, which included draping black fabric over his courtroom doors, “cast public discredit on the judiciary” and was inconsistent with the proper performance of his duties, the State Commission on Judicial Conduct concluded.
“Judge Lipscombe’s decision to publicly protest Justice Kavanaugh’s confirmation in this manner was influenced by partisan interests” in violation of the state’s ethics code for judges, according to a public admonition that was signed Aug. 8 and made public Thursday.
The agency, which investigates complaints against judges at all levels, said news stories about the one-day closing of Court-at-Law No. 3 resulted in five complaints.
A message left Thursday afternoon at Lipscombe’s court was not returned.
According to the public admonition, the agency’s lowest level of rebuke behind a reprimand and a warning, Lipscombe said he became concerned after watching the contentious confirmation process for Kavanaugh.
“I became more and more disgusted and concerned for the future of the Supreme Court ... not because he comes from a political party different from mine, but because of his character and conduct,” Lipscombe told the Commission on Judicial Conduct, according to the admonition.
Lipscombe, a Democratic judge since 2011, said he believed Kavanaugh’s conduct during his confirmation hearing, when he angrily sparred with Democrats on the Senate Judiciary Committee, besmirched the Supreme Court’s reputation.
“I had a personal obligation to show my disapproval and demonstrate my utmost respect for the judiciary,” Lipscombe said, according to the commission.
On Oct. 8, 2018, two days after Kavanaugh was confirmed, Lipscombe said he closed his court, which had 107 matters on its docket with 69 defendants scheduled to appear, and contacted the president of the Austin Criminal Defense Lawyers Association to ask for word of the closing to be spread among attorneys.
- Click here for the article.
A state ethics agency has rebuked a Travis County judge who closed his courtroom last year to protest the U.S. Senate confirmation of Brett Kavanaugh, President Donald Trump’s nominee to the U.S. Supreme Court.
County Court-at-Law Judge John Lipscombe’s actions, which included draping black fabric over his courtroom doors, “cast public discredit on the judiciary” and was inconsistent with the proper performance of his duties, the State Commission on Judicial Conduct concluded.
“Judge Lipscombe’s decision to publicly protest Justice Kavanaugh’s confirmation in this manner was influenced by partisan interests” in violation of the state’s ethics code for judges, according to a public admonition that was signed Aug. 8 and made public Thursday.
The agency, which investigates complaints against judges at all levels, said news stories about the one-day closing of Court-at-Law No. 3 resulted in five complaints.
A message left Thursday afternoon at Lipscombe’s court was not returned.
According to the public admonition, the agency’s lowest level of rebuke behind a reprimand and a warning, Lipscombe said he became concerned after watching the contentious confirmation process for Kavanaugh.
“I became more and more disgusted and concerned for the future of the Supreme Court ... not because he comes from a political party different from mine, but because of his character and conduct,” Lipscombe told the Commission on Judicial Conduct, according to the admonition.
Lipscombe, a Democratic judge since 2011, said he believed Kavanaugh’s conduct during his confirmation hearing, when he angrily sparred with Democrats on the Senate Judiciary Committee, besmirched the Supreme Court’s reputation.
“I had a personal obligation to show my disapproval and demonstrate my utmost respect for the judiciary,” Lipscombe said, according to the commission.
On Oct. 8, 2018, two days after Kavanaugh was confirmed, Lipscombe said he closed his court, which had 107 matters on its docket with 69 defendants scheduled to appear, and contacted the president of the Austin Criminal Defense Lawyers Association to ask for word of the closing to be spread among attorneys.
Great Stink
A fun - if a bit gross - look at the development of London's sewage system. An underappreciated part of local government.
Monday, September 23, 2019
Thursday, September 19, 2019
Viewed in class today
- Definition: zeal.
- Definition: impulse.
- Separate Car Act.
- Plessy v Ferguson.
- Presidential election results.
- Scott v Sanford.
- police power.
- Fisher v UT.
- Loving v Virginia.
- Craig v Boren.
- Dyer Anti-Lynching Bill.
- Guadalupe-Blanco River Authority
- Pure Food and Drug Act.
- Controlled Substances Act.
- Definition: impulse.
- Separate Car Act.
- Plessy v Ferguson.
- Presidential election results.
- Scott v Sanford.
- police power.
- Fisher v UT.
- Loving v Virginia.
- Craig v Boren.
- Dyer Anti-Lynching Bill.
- Guadalupe-Blanco River Authority
- Pure Food and Drug Act.
- Controlled Substances Act.
From 538: Just How Many Swing Voters Are There?
For our upcoming look at voting.
- Click here for the article.
It’s a long time until the 2020 general election, but there’s a good chance it will be competitive. After all, we live in a politically polarized era where most presidential elections are decided by relatively narrow margins (since 1988, in the single digits). Which means if the margins are as slim as they were in 2016, the race could come down to swing voters, or voters that tend to switch their support between the two major parties from year to year.
So we were curious: Just how many swing voters are there? A number of researchers have tried to tackle this question, and it turns out, there’s a pretty big range of answers.
That’s because defining who is and isn’t a swing voter isn’t easy, as it’s a small group. But estimates I previously made based on a couple of data sets suggest that there were around 10 million voters who shifted from voting for one major party in 2012 to the other in 2016, which accounted for roughly 7 percent of all votes cast. In the grand scheme of things, that’s not a lot of people, but these voters probably did play a role in helping President Trump get elected because around three-quarters of those voters swung toward him rather than Hillary Clinton.
- Click here for the article.
It’s a long time until the 2020 general election, but there’s a good chance it will be competitive. After all, we live in a politically polarized era where most presidential elections are decided by relatively narrow margins (since 1988, in the single digits). Which means if the margins are as slim as they were in 2016, the race could come down to swing voters, or voters that tend to switch their support between the two major parties from year to year.
So we were curious: Just how many swing voters are there? A number of researchers have tried to tackle this question, and it turns out, there’s a pretty big range of answers.
That’s because defining who is and isn’t a swing voter isn’t easy, as it’s a small group. But estimates I previously made based on a couple of data sets suggest that there were around 10 million voters who shifted from voting for one major party in 2012 to the other in 2016, which accounted for roughly 7 percent of all votes cast. In the grand scheme of things, that’s not a lot of people, but these voters probably did play a role in helping President Trump get elected because around three-quarters of those voters swung toward him rather than Hillary Clinton.
From 538: How To Win An Election
FYI
- Click here for the article.
The article compiles polling info about things most people agree with:
98 percent believe adults should watch swimmers rather than reading or talking on the phone. (American Red Cross Water Safety Poll, 2013)
99 percent think it’s wrong for employees to steal expensive equipment from their workplace. (NBC News Poll, 1995)
95 percent think it’s wrong to pay someone to do a term paper for you. (NBC News Poll, 1995)
98 percent would like to see a decline in hunger in the world. (Harris Survey, 1983)
97 percent would like to see a decline in terrorism and violence. (Harris Survey, 1983)
98% would like to see an end to high unemployment. (Harris Survey, 1982)
95 percent would like to see an end to all wars. (Harris Survey, 1981)
95 percent would like to see a decline in prejudice. (Harris Survey, 1977)
95 percent don’t believe Magic 8 Balls can predict the future. (Shell Poll, 1998)
96 percent think the Olympics are a great sports competition. (Atlanta Journal-Constitution Poll, 1996)
- Click here for the article.
The article compiles polling info about things most people agree with:
98 percent believe adults should watch swimmers rather than reading or talking on the phone. (American Red Cross Water Safety Poll, 2013)
99 percent think it’s wrong for employees to steal expensive equipment from their workplace. (NBC News Poll, 1995)
95 percent think it’s wrong to pay someone to do a term paper for you. (NBC News Poll, 1995)
98 percent would like to see a decline in hunger in the world. (Harris Survey, 1983)
97 percent would like to see a decline in terrorism and violence. (Harris Survey, 1983)
98% would like to see an end to high unemployment. (Harris Survey, 1982)
95 percent would like to see an end to all wars. (Harris Survey, 1981)
95 percent would like to see a decline in prejudice. (Harris Survey, 1977)
95 percent don’t believe Magic 8 Balls can predict the future. (Shell Poll, 1998)
96 percent think the Olympics are a great sports competition. (Atlanta Journal-Constitution Poll, 1996)
From Wikipedia: Wilderness Road
Prior to the Natchez Trace ...
- Click here for the article.
The Wilderness Road served as a great path of commerce for the early settlers in Kentucky, as well as for coffles of slaves being transported through Tennessee to the new plantations in Mississippi and Louisiana. Horses, cattle, sheep and hogs herded in the other direction found waiting markets in the Carolinas, Maryland and Virginia. Hogs in groups of 500 or more were driven down the Road to market. Beef in Eastern markets had become a main source of income for farmers in Kentucky.[21]
A postal road was opened in 1792 from Bean Station, Tennessee through Cumberland Gap to Danville, Kentucky. This was due largely to the efforts of Governor Isaac Shelby of Kentucky. This connection of Kentucky to the East was a great advantage. Frontier settlers considered the postal riders heroes and waited eagerly for their arrival for news from settlements along the trails as well as getting their mail and newspapers
- Click here for the article.
The Wilderness Road served as a great path of commerce for the early settlers in Kentucky, as well as for coffles of slaves being transported through Tennessee to the new plantations in Mississippi and Louisiana. Horses, cattle, sheep and hogs herded in the other direction found waiting markets in the Carolinas, Maryland and Virginia. Hogs in groups of 500 or more were driven down the Road to market. Beef in Eastern markets had become a main source of income for farmers in Kentucky.[21]
A postal road was opened in 1792 from Bean Station, Tennessee through Cumberland Gap to Danville, Kentucky. This was due largely to the efforts of Governor Isaac Shelby of Kentucky. This connection of Kentucky to the East was a great advantage. Frontier settlers considered the postal riders heroes and waited eagerly for their arrival for news from settlements along the trails as well as getting their mail and newspapers
From Wikipedia: Natchez Trace
More on early roads in the US.
- Click here for the article.
Even before the 1803 Louisiana Purchase, President Thomas Jefferson wanted to connect the distant Mississippi frontier to other settled areas of the United States. To foster communication with what was then called the Southwest, he directed construction of a postal road to be built between Daniel Boone's Wilderness Road (the southern branch of the road ended at Nashville) and the Mississippi River.
The U.S. signed treaties with the Chickasaw and Choctaw tribes to maintain peace, as European Americans entered the area in greater numbers. In 1801 the United States Army began trail blazing along the Trace, performing major work to prepare it as a thoroughfare. The work was first done by soldiers reassigned from Tennessee and later by civilian contractors. To emphasize American sovereignty in the area, Jefferson called it the "Columbian Highway." The people who used it, however, dubbed the road as "The Devil's Backbone" due to its remoteness, rough conditions, and the frequently encountered highwaymen found along the new road.
By 1809, the trail was fully navigable by wagon, with the northward journey taking two to three weeks. Critical to the success of the Trace as a trade route was the development of inns and trading posts, referred to at the time as "stands."
- Click here for the article.
Even before the 1803 Louisiana Purchase, President Thomas Jefferson wanted to connect the distant Mississippi frontier to other settled areas of the United States. To foster communication with what was then called the Southwest, he directed construction of a postal road to be built between Daniel Boone's Wilderness Road (the southern branch of the road ended at Nashville) and the Mississippi River.
The U.S. signed treaties with the Chickasaw and Choctaw tribes to maintain peace, as European Americans entered the area in greater numbers. In 1801 the United States Army began trail blazing along the Trace, performing major work to prepare it as a thoroughfare. The work was first done by soldiers reassigned from Tennessee and later by civilian contractors. To emphasize American sovereignty in the area, Jefferson called it the "Columbian Highway." The people who used it, however, dubbed the road as "The Devil's Backbone" due to its remoteness, rough conditions, and the frequently encountered highwaymen found along the new road.
By 1809, the trail was fully navigable by wagon, with the northward journey taking two to three weeks. Critical to the success of the Trace as a trade route was the development of inns and trading posts, referred to at the time as "stands."
Tuesday, September 17, 2019
Monday, September 16, 2019
Texas Tribune: Federal judge orders Galveston County to have defense lawyers at bail-setting hearings
For our look at federalism, due process, equal protection, etc....
- Click here for the article.
Add Galveston to the list of Texas counties that have been court ordered to change their bail practices.
A federal district judge on Wednesday issued a temporary injunction in a 2018 lawsuit where attorneys for inmates have called Galveston County’s money bail system discriminatory against poor criminal defendants. The court’s order doesn’t target the entire pretrial system — which has largely changed since the suit was filed after federal rulings against Harris County. But it requires poor arrestees to have a lawyer at their first court appearance, where their bail is set to determine the monetary or other conditions under which an arrestee can be released from jail before trial.
The ACLU of Texas, which represents Galveston County inmates in the lawsuit, said in a statement after the order that it was the first court in the country to conclude that the Sixth Amendment, which guarantees a right to counsel, requires defense attorneys to be provided at initial bail-setting hearings.
“It’s a matter of basic fairness that you should get a lawyer before a judge decides whether to lock you in jail,” said Trisha Trigilio, senior staff attorney for the ACLU of Texas. “Unsurprisingly, without lawyers to advocate for their release, many people wind up in jail who shouldn’t be there. And even a short time in jail can have devastating repercussions on someone’s life.”
- Click here for the article.
Add Galveston to the list of Texas counties that have been court ordered to change their bail practices.
A federal district judge on Wednesday issued a temporary injunction in a 2018 lawsuit where attorneys for inmates have called Galveston County’s money bail system discriminatory against poor criminal defendants. The court’s order doesn’t target the entire pretrial system — which has largely changed since the suit was filed after federal rulings against Harris County. But it requires poor arrestees to have a lawyer at their first court appearance, where their bail is set to determine the monetary or other conditions under which an arrestee can be released from jail before trial.
The ACLU of Texas, which represents Galveston County inmates in the lawsuit, said in a statement after the order that it was the first court in the country to conclude that the Sixth Amendment, which guarantees a right to counsel, requires defense attorneys to be provided at initial bail-setting hearings.
“It’s a matter of basic fairness that you should get a lawyer before a judge decides whether to lock you in jail,” said Trisha Trigilio, senior staff attorney for the ACLU of Texas. “Unsurprisingly, without lawyers to advocate for their release, many people wind up in jail who shouldn’t be there. And even a short time in jail can have devastating repercussions on someone’s life.”
From the Texas Tribune: Texas wasn’t a battleground state until young people made it one
For 2305 and 2306
- Click here for the article.
When I was born in 1996, George W. Bush was already a year into his first term as governor of Texas. In my lifetime, Texas politics has been entirely dominated by conservative giants who governed with unchecked power, while progressives seemed to lose more and more ground. I have never known a Texas that sounded more like Ann Richards and Barbara Jordan than it did like Fox News and Karl Rove.
Few national campaigns, funders or candidates bothered to show up here, underscoring their preconceived notion that Texas was never in play to begin with. As a result, the infrastructure necessary to register and turn out voters has consistently lagged behind heavily courted states like Iowa, New Hampshire and Virginia.
But for the first time in decades, Texas politics are changing.
The Democratic Party’s decision to host this week’s presidential debate in Houston is the latest indicator of what so many of us have been saying for years: Texas is the largest battleground state in the country. But the part too often glossed over is that the Lone Star State is only in play because of young voters.
In Texas, 43% of us are under the age of 30, and 63% are people of color. Our state is getting younger and more diverse every day and in 2018, those young folks showed up to flex their electoral power. Youth turnout tripled in Texas between 2014 and 2018, a surge that helped flip 12 seats in the Texas House of Representatives, two in the Senate, and brought Democrat Beto O’Rourke within striking distance of Republican U.S. Sen. Ted Cruz. When young people showed up to vote, the conversation about Texas started to change.
But showing up has never been inevitable. Texas has some of the strictest voting laws in the country, laws that disproportionately block access to the ballot box for young people and people of color. That’s why groups like MOVE Texas, Texas Rising, JOLT Action and Battleground Texas invest so heavily in civic education, voter registration and voter turnout programs that empower young Texans vote — many for the first time. But we are not just turning folks out to vote for one election; we are creating a habit of civic participation that will create life-long voters and fundamentally change who decides elections in this state.
- Click here for the article.
When I was born in 1996, George W. Bush was already a year into his first term as governor of Texas. In my lifetime, Texas politics has been entirely dominated by conservative giants who governed with unchecked power, while progressives seemed to lose more and more ground. I have never known a Texas that sounded more like Ann Richards and Barbara Jordan than it did like Fox News and Karl Rove.
Few national campaigns, funders or candidates bothered to show up here, underscoring their preconceived notion that Texas was never in play to begin with. As a result, the infrastructure necessary to register and turn out voters has consistently lagged behind heavily courted states like Iowa, New Hampshire and Virginia.
But for the first time in decades, Texas politics are changing.
The Democratic Party’s decision to host this week’s presidential debate in Houston is the latest indicator of what so many of us have been saying for years: Texas is the largest battleground state in the country. But the part too often glossed over is that the Lone Star State is only in play because of young voters.
In Texas, 43% of us are under the age of 30, and 63% are people of color. Our state is getting younger and more diverse every day and in 2018, those young folks showed up to flex their electoral power. Youth turnout tripled in Texas between 2014 and 2018, a surge that helped flip 12 seats in the Texas House of Representatives, two in the Senate, and brought Democrat Beto O’Rourke within striking distance of Republican U.S. Sen. Ted Cruz. When young people showed up to vote, the conversation about Texas started to change.
But showing up has never been inevitable. Texas has some of the strictest voting laws in the country, laws that disproportionately block access to the ballot box for young people and people of color. That’s why groups like MOVE Texas, Texas Rising, JOLT Action and Battleground Texas invest so heavily in civic education, voter registration and voter turnout programs that empower young Texans vote — many for the first time. But we are not just turning folks out to vote for one election; we are creating a habit of civic participation that will create life-long voters and fundamentally change who decides elections in this state.
From the Houston Chronicle: Effort to lift age for buying tobacco to 21 faces court challenge
age discrimination?
- Click here for the article.
San Antonio is one more than 280 cities and counties across the nation that have raised the minimum age to purchase tobacco products to 21. At least five states have similar laws.
The San Antonio City Council, in a 9-2 vote, passed the ordinance in January. It went into effect Oct. 1, but the city gave retailers a three-month grace period to comply. The city will begin enforcing the law next week, when inspectors and underage decoys will conduct begin random visits to stores to ensure they are complying.
Stores that violate the ordinance face fines of up to $500, while young adults caught purchasing, using or possessing tobacco face no penalties.
That disparate treatment is the basis of the challenge brought by convenience store owners, who argue the ordinance unfairly singles them out. The lawsuit, brought by the trade groups Association of Convenience Store Retailers, South Texas Merchants Association Cooperative and Texas Food and Fuel Association, asks the court to declare the ordinance “unconstitutional and void” because their “members were deprived equal protection” under federal and state laws.
“Without any enforcement provision for the (purchase, use and possession) of tobacco products by persons aged 18 to 20, (the ordinance) is clearly biased against one class for the benefit of another,” the lawsuit said.
Among those who oppose the ordinance is Anwar Tahir, owner of an independent West Side convenience store and president of the Association of Convenience Store Retailers in San Antonio. Tahir projects his store would lose as much as 4 percent of its profit because of the law.
“This is an unequal thing. They are penalizing the retailer only,” Tahir said. “It’s unfair. You cannot penalize one party and on the consumer side there is no law enforcement. We are saving their life, but we are not enforcing the law on them.”
- Click here for the article.
San Antonio is one more than 280 cities and counties across the nation that have raised the minimum age to purchase tobacco products to 21. At least five states have similar laws.
The San Antonio City Council, in a 9-2 vote, passed the ordinance in January. It went into effect Oct. 1, but the city gave retailers a three-month grace period to comply. The city will begin enforcing the law next week, when inspectors and underage decoys will conduct begin random visits to stores to ensure they are complying.
Stores that violate the ordinance face fines of up to $500, while young adults caught purchasing, using or possessing tobacco face no penalties.
That disparate treatment is the basis of the challenge brought by convenience store owners, who argue the ordinance unfairly singles them out. The lawsuit, brought by the trade groups Association of Convenience Store Retailers, South Texas Merchants Association Cooperative and Texas Food and Fuel Association, asks the court to declare the ordinance “unconstitutional and void” because their “members were deprived equal protection” under federal and state laws.
“Without any enforcement provision for the (purchase, use and possession) of tobacco products by persons aged 18 to 20, (the ordinance) is clearly biased against one class for the benefit of another,” the lawsuit said.
Among those who oppose the ordinance is Anwar Tahir, owner of an independent West Side convenience store and president of the Association of Convenience Store Retailers in San Antonio. Tahir projects his store would lose as much as 4 percent of its profit because of the law.
“This is an unequal thing. They are penalizing the retailer only,” Tahir said. “It’s unfair. You cannot penalize one party and on the consumer side there is no law enforcement. We are saving their life, but we are not enforcing the law on them.”
Viewed in class today
- Judge temporarily blocks plans to drain four Texas lakes and accompanying dams.
- Hear how this Texas school district found itself at risk of returning to a segregated past.
- Analysis: Texas redistricting is hard enough when politicians trust the mapmakers.
- Griswold v. Connecticut.
- Lemon v. Kurtzman.
- Title VII of the Civil Rights Act of 1964.
- Texas just raised the smoking age to 21. Who is exempt and what are the penalties?
- Abbot says he has sued the Obama administration 25 times.
- Hear how this Texas school district found itself at risk of returning to a segregated past.
- Analysis: Texas redistricting is hard enough when politicians trust the mapmakers.
- Griswold v. Connecticut.
- Lemon v. Kurtzman.
- Title VII of the Civil Rights Act of 1964.
- Texas just raised the smoking age to 21. Who is exempt and what are the penalties?
- Abbot says he has sued the Obama administration 25 times.
Friday, September 13, 2019
Thomas Nast
More on the media personalities that highlighted the five points - specifically the political corruption that underlay it.
- Wikipedia.
- more on Tammany Hall here.
- Wikipedia.
- more on Tammany Hall here.
How the Other Half Lives
An example of the media - especially the increased use of cameras - as an agenda setter. This book highlighted living conditions in the five points.
- Wikipedia
- Jacob Riis.
- Wikipedia
- Jacob Riis.
From Wikipedia: Conscription in the United States
This stems from the discussion of the draft riots in the video in the five points area below.
- Click here for it.
The constitutionality of the draft was the subject of Arver v US. As mentioned in 2305, the draft is an implied, not enumerated power.
- Click here for it.
The constitutionality of the draft was the subject of Arver v US. As mentioned in 2305, the draft is an implied, not enumerated power.
Uncovering the Real Gangs of New York SD
A look at how the rise of gangs led to the professionalization of police and fire departments in NYC.
The story also highlights the role the media plays in exposing corruption.
The story also highlights the role the media plays in exposing corruption.
Wednesday, September 11, 2019
Web sites visited today
- Rideshare Drivers United.
- Colorado Amendment 64.
- Health Care Rankings.
- Reynolds v. Sims.
- Health Insurance Coverage in the United States: 2018.
- xkcd.
- Harrison Keller will be Texas' next higher education commissioner.
- fuct.
- Armed Career Criminal Act.
- Freedom of movement under United States law.
- TCEQ.
- Colorado Amendment 64.
- Health Care Rankings.
- Reynolds v. Sims.
- Health Insurance Coverage in the United States: 2018.
- xkcd.
- Harrison Keller will be Texas' next higher education commissioner.
- fuct.
- Armed Career Criminal Act.
- Freedom of movement under United States law.
- TCEQ.
From Vox: The cracks in the GOP’s gerrymandering firewall
For both 2305 and 2306.
- Click here for the article.
Nearly a decade ago, Republicans swept into office in state legislatures and in the House of Representatives, and went about remaking American politics — despite a Democrat in the White House. Almost immediately after the GOP captured several pivotal state governments in 2010, they began a frenzy of gerrymandering that seemed to guarantee Republican majorities for the rest of the decade.
But as we approach the 2020 elections, it appears that cracks are finally showing in the GOP’s gerrymandering wall.
Last week, for example, a panel of three North Carolina judges struck down state legislative maps that, in the words of that court, were “carefully crafted” to ensure that “in all but the most unusual election scenarios, the Republican party will control a majority of both chambers of the General Assembly.”
Under the gerrymandered maps, Republican state Senate candidates “won a minority— 49.5%—of the two-party statewide vote, but still won 29 of 50 seats (58%).” GOP state House candidates “won a minority—48.8%— of the two-party statewide vote, but still won 65 of 120 seats (54%).”
The panel was, in its own words, made up of judges with “differing ideological and political outlooks.” Yet all three agreed that the maps must fall. The state legislature has until September 18 to “enact Remedial Maps for the House and Senate legislative districts for the 2020 election ... in conformity with this Order.” Republicans do not plan to appeal the decision in the case, Common Cause v. Lewis, so the 2020 election will likely be the first in nearly a decade where Democrats have a fighting chance to take control of the state legislature in North Carolina.
Common Cause is just the latest in a series of court decisions and ballot initiatives that either undercut Republican gerrymanders or that seek to prevent either party from drawing similarly gerrymandered maps in the future. Court decisions in Florida, Pennsylvania, and Virginia have weakened Republican gerrymanders, while ballot initiatives in Michigan and Ohio seek to prevent either party from gerrymandering those states ever again.
- Click here for the article.
Nearly a decade ago, Republicans swept into office in state legislatures and in the House of Representatives, and went about remaking American politics — despite a Democrat in the White House. Almost immediately after the GOP captured several pivotal state governments in 2010, they began a frenzy of gerrymandering that seemed to guarantee Republican majorities for the rest of the decade.
But as we approach the 2020 elections, it appears that cracks are finally showing in the GOP’s gerrymandering wall.
Last week, for example, a panel of three North Carolina judges struck down state legislative maps that, in the words of that court, were “carefully crafted” to ensure that “in all but the most unusual election scenarios, the Republican party will control a majority of both chambers of the General Assembly.”
Under the gerrymandered maps, Republican state Senate candidates “won a minority— 49.5%—of the two-party statewide vote, but still won 29 of 50 seats (58%).” GOP state House candidates “won a minority—48.8%— of the two-party statewide vote, but still won 65 of 120 seats (54%).”
The panel was, in its own words, made up of judges with “differing ideological and political outlooks.” Yet all three agreed that the maps must fall. The state legislature has until September 18 to “enact Remedial Maps for the House and Senate legislative districts for the 2020 election ... in conformity with this Order.” Republicans do not plan to appeal the decision in the case, Common Cause v. Lewis, so the 2020 election will likely be the first in nearly a decade where Democrats have a fighting chance to take control of the state legislature in North Carolina.
Common Cause is just the latest in a series of court decisions and ballot initiatives that either undercut Republican gerrymanders or that seek to prevent either party from drawing similarly gerrymandered maps in the future. Court decisions in Florida, Pennsylvania, and Virginia have weakened Republican gerrymanders, while ballot initiatives in Michigan and Ohio seek to prevent either party from gerrymandering those states ever again.
From Oyez: 2019-2020 Term
A look at some cases that will be argued before the U.S. Supreme Court during their upcoming term.
- Click here for the list.
- Click here for the list.
From Vox: California just passed a landmark law to regulate Uber and Lyft
For 2306 - an example of policy diffusion and federalism.
- Click here for the article.
California just disrupted the gig economy.
Senate lawmakers passed a controversial bill, known as AB 5, on Tuesday evening, after months of uproar from businesses and gig companies like Uber and Lyft. The bill will require businesses to hire workers as employees, not independent contractors, with some exceptions. That will give hundreds of thousands of California workers basic labor rights for the first time.
And despite an aggressive lobbying campaign, Uber and Lyft are not exempt.
Lawmakers voted 29-11 in favor of AB 5, and now the bill heads back to the state assembly for lawmakers to vote on amendments to the bill. Then it heads to Gov. Gavin Newsom for his signature. He has signaled that he will sign it.
“This is a victory to savor,” tweeted Nicole Moore, an Uber driver and organizer with Rideshare Drivers United.
The new law will crack down on a business model championed and cherished by Silicon Valley — a striking turn of events for the celebrated tech industry. Uber, Lyft, and other app-based gig companies rely on hundreds of thousands of independent contractors to give rides, deliver food, and complete other tasks.
Reclassifying them as employees would change everything.
Gig workers would get labor protections and benefits that all employees get, such as unemployment insurance, health care subsidies, paid parental leave, overtime pay, workers’ compensation, paid rest breaks, and a guaranteed $12 minimum hourly wage. And, perhaps more importantly, they could unionize.
- Click here for the article.
California just disrupted the gig economy.
Senate lawmakers passed a controversial bill, known as AB 5, on Tuesday evening, after months of uproar from businesses and gig companies like Uber and Lyft. The bill will require businesses to hire workers as employees, not independent contractors, with some exceptions. That will give hundreds of thousands of California workers basic labor rights for the first time.
And despite an aggressive lobbying campaign, Uber and Lyft are not exempt.
Lawmakers voted 29-11 in favor of AB 5, and now the bill heads back to the state assembly for lawmakers to vote on amendments to the bill. Then it heads to Gov. Gavin Newsom for his signature. He has signaled that he will sign it.
“This is a victory to savor,” tweeted Nicole Moore, an Uber driver and organizer with Rideshare Drivers United.
The new law will crack down on a business model championed and cherished by Silicon Valley — a striking turn of events for the celebrated tech industry. Uber, Lyft, and other app-based gig companies rely on hundreds of thousands of independent contractors to give rides, deliver food, and complete other tasks.
Reclassifying them as employees would change everything.
Gig workers would get labor protections and benefits that all employees get, such as unemployment insurance, health care subsidies, paid parental leave, overtime pay, workers’ compensation, paid rest breaks, and a guaranteed $12 minimum hourly wage. And, perhaps more importantly, they could unionize.
Friday, September 6, 2019
From the US News and World Report: A Quest to Make Every Vote Count - Lawrence Lessig says the current electoral system is unconstitutional – and he’s suing to change it.
This is the subject of next week's 2305 written assignment.
- Click here for the article.
IT'S A FACT THAT DRIVES liberals crazy, and has become a preoccupation for President Donald Trump: Hillary Clinton, the Democrats' choice, crushed Trump at the ballot box, winning the popular vote by a margin of roughly 3 million, but Trump cruised to a win in the Electoral College, sweeping up 304 of 538 votes.
It was the second time in recent history that the winning presidential candidate, a Republican, took office even though more people voted for the Democrat. It's also a system Harvard law professor Lawrence Lessig believes is a Constitutional offense – and practically guarantees another popular-vote loser will again become commander-in-chief in the very near future.
Every four years, the presidential election "focuses on 14 [swing] states, to the total exclusion of the rest of the country," says Lessig, who ran an under-the-radar campaign for president as an independent in 2016. "Those 14 states are not representative of America. They're older, whiter and their industries" like mining and farming "are representative of 19th-century industries."
That's why his organization, Equal Citizens, launched a project called Equal Votes to sue in four states last week, arguing that the winner-take-all electoral-college system violates the Constitution's equal-protection clause and undermines the democratic principle of fair representation.
- For more, click here.
- Click here for the article.
IT'S A FACT THAT DRIVES liberals crazy, and has become a preoccupation for President Donald Trump: Hillary Clinton, the Democrats' choice, crushed Trump at the ballot box, winning the popular vote by a margin of roughly 3 million, but Trump cruised to a win in the Electoral College, sweeping up 304 of 538 votes.
It was the second time in recent history that the winning presidential candidate, a Republican, took office even though more people voted for the Democrat. It's also a system Harvard law professor Lawrence Lessig believes is a Constitutional offense – and practically guarantees another popular-vote loser will again become commander-in-chief in the very near future.
Every four years, the presidential election "focuses on 14 [swing] states, to the total exclusion of the rest of the country," says Lessig, who ran an under-the-radar campaign for president as an independent in 2016. "Those 14 states are not representative of America. They're older, whiter and their industries" like mining and farming "are representative of 19th-century industries."
That's why his organization, Equal Citizens, launched a project called Equal Votes to sue in four states last week, arguing that the winner-take-all electoral-college system violates the Constitution's equal-protection clause and undermines the democratic principle of fair representation.
- For more, click here.
From the Texas Tribune: Gov. Greg Abbott issues eight executive orders aimed at stopping potential mass shooters
This is the subject of next week's 2306 written assignment.
- Click here for the article.
Gov. Greg Abbott issued eight executive orders Thursday in response to last month’s mass shootings in El Paso and Odessa.
“Texas must achieve several objectives to better protect our communities and our residents from mass shootings,” Abbott said in a statement. “I will continue to work expeditiously with the legislature on laws to keep guns out of the hands of dangerous criminals, while safeguarding the 2nd Amendment rights of law-abiding Texans.”
The orders focus largely on strengthening law enforcement’s ability to respond to and prevent future shootings, mainly through improving reporting channels and closing "information gaps" when members of the public or law enforcement agencies worry that a person might be a threat to commit violence. But, Abbott's office added in a news release, "legislative solutions are still needed."
The governor also plans to release a report of recommendations next week from meetings of the Texas Safety Commission, which Abbott formed after the El Paso shooting.
- Click here for the article.
Gov. Greg Abbott issued eight executive orders Thursday in response to last month’s mass shootings in El Paso and Odessa.
“Texas must achieve several objectives to better protect our communities and our residents from mass shootings,” Abbott said in a statement. “I will continue to work expeditiously with the legislature on laws to keep guns out of the hands of dangerous criminals, while safeguarding the 2nd Amendment rights of law-abiding Texans.”
The orders focus largely on strengthening law enforcement’s ability to respond to and prevent future shootings, mainly through improving reporting channels and closing "information gaps" when members of the public or law enforcement agencies worry that a person might be a threat to commit violence. But, Abbott's office added in a news release, "legislative solutions are still needed."
The governor also plans to release a report of recommendations next week from meetings of the Texas Safety Commission, which Abbott formed after the El Paso shooting.
For the Texas Tribune: Three Texas House special elections draw 27 candidates
For 2306 specifically, but it fits within the overall topic of elections in both classes.
- Click here for the article.
Twenty-seven candidates have filed for a trio of Nov. 5 special elections to fill state House seats, including one that Democrats are aiming to flip, according to the secretary of state's office.
The filing deadline was 5 p.m. Wednesday.
The most closely watched contest will be in House District 28, where Rep. John Zerwas is stepping down at the end of the month to join the University of Texas System. The Richmond Republican won reelection last year by 8 percentage points, and Democrats were already targeting HD-28 as they push to capture the House majority next year.
Democrats in HD-28 have coalesced around Elizabeth "Eliz" Markowitz, who was the only Democrat to file. Markowitz, a Katy teacher, unsuccessfully ran last year for State Board of Education District 7, which overlaps with HD-28.
Six Republicans, meanwhile, filed for the seat, making it likely that there will be a runoff featuring one of them and Markowitz, who will not have to split the Democratic vote. The GOP contenders are:
- Anna Allred, a Houston anesthesiologist from the same doctor group as Zerwas
- Gary Gates, a Rosenberg businessman who has unsuccessfully run for several other offices, most recently railroad commissioner in 2016
- Gary J. Hale, a Katy business owner who has his own intelligence firm and is a retired intelligence official with the Drug Enforcement Administration
- Tricia Krenek, a Katy attorney and former member of the Fulshear City Council
- Sarah Laningham, a Richmond woman who works in sales and unsuccessfully ran for House District 14 in 2018
- Clinton D. Purnell, a Katy man who works in logistics and customs compliance
The other two special elections are happening in safely Democratic districts, though they too have drawn large fields that all but guarantee runoffs. In House District 148, 15 candidates — 12 Democrats, two Republicans and one independent — filed to succeed Houston Democratic Rep. Jessica Farrar, who like Zerwas, is leaving the House on Sept. 30. In House District 100, five Democrats have lined up to replace former Rep. Eric Johnson, D-Dallas, who vacated the seat earlier this year after winning the Dallas mayoral race.
Just so we know, here is the constitutional language establishing how vacancies in the legislature are filled:
(Article 3,) Sec. 13. VACANCY IN LEGISLATURE. (a) When vacancies occur in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies; and should the Governor fail to issue a writ of election to fill any such vacancy within twenty days after it occurs, the returning officer of the district in which such vacancy may have happened, shall be authorized to order an election for that purpose.
(b) The legislature may provide by general law for the filling of a vacancy in the legislature without an election if only one person qualifies and declares a candidacy in an election to fill the vacancy.
(Amended Nov. 6, 2001.)
The amendment in question added section b.
Proposition 9: Canceling special election if legislative candidate is unopposed
FOR 557,707 67.6%
AGAINST 267,724 32.4%
For analysis of the amendment, click here.
Here is the statutory language related to special elections.
- Click here for the article.
Twenty-seven candidates have filed for a trio of Nov. 5 special elections to fill state House seats, including one that Democrats are aiming to flip, according to the secretary of state's office.
The filing deadline was 5 p.m. Wednesday.
The most closely watched contest will be in House District 28, where Rep. John Zerwas is stepping down at the end of the month to join the University of Texas System. The Richmond Republican won reelection last year by 8 percentage points, and Democrats were already targeting HD-28 as they push to capture the House majority next year.
Democrats in HD-28 have coalesced around Elizabeth "Eliz" Markowitz, who was the only Democrat to file. Markowitz, a Katy teacher, unsuccessfully ran last year for State Board of Education District 7, which overlaps with HD-28.
Six Republicans, meanwhile, filed for the seat, making it likely that there will be a runoff featuring one of them and Markowitz, who will not have to split the Democratic vote. The GOP contenders are:
- Anna Allred, a Houston anesthesiologist from the same doctor group as Zerwas
- Gary Gates, a Rosenberg businessman who has unsuccessfully run for several other offices, most recently railroad commissioner in 2016
- Gary J. Hale, a Katy business owner who has his own intelligence firm and is a retired intelligence official with the Drug Enforcement Administration
- Tricia Krenek, a Katy attorney and former member of the Fulshear City Council
- Sarah Laningham, a Richmond woman who works in sales and unsuccessfully ran for House District 14 in 2018
- Clinton D. Purnell, a Katy man who works in logistics and customs compliance
The other two special elections are happening in safely Democratic districts, though they too have drawn large fields that all but guarantee runoffs. In House District 148, 15 candidates — 12 Democrats, two Republicans and one independent — filed to succeed Houston Democratic Rep. Jessica Farrar, who like Zerwas, is leaving the House on Sept. 30. In House District 100, five Democrats have lined up to replace former Rep. Eric Johnson, D-Dallas, who vacated the seat earlier this year after winning the Dallas mayoral race.
Just so we know, here is the constitutional language establishing how vacancies in the legislature are filled:
(Article 3,) Sec. 13. VACANCY IN LEGISLATURE. (a) When vacancies occur in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies; and should the Governor fail to issue a writ of election to fill any such vacancy within twenty days after it occurs, the returning officer of the district in which such vacancy may have happened, shall be authorized to order an election for that purpose.
(b) The legislature may provide by general law for the filling of a vacancy in the legislature without an election if only one person qualifies and declares a candidacy in an election to fill the vacancy.
(Amended Nov. 6, 2001.)
The amendment in question added section b.
Proposition 9: Canceling special election if legislative candidate is unopposed
FOR 557,707 67.6%
AGAINST 267,724 32.4%
For analysis of the amendment, click here.
Here is the statutory language related to special elections.
Wednesday, September 4, 2019
The 2019 city of Houston elections
- City of Houston homepage: November 5, 2019 General Election.
- Ballotpedia: City elections in Houston, Texas.
- Ballotpedia: Mayoral election in Houston, Texas.
- Ballotpedia: City elections in Houston, Texas.
- Ballotpedia: Mayoral election in Houston, Texas.
Tuesday, September 3, 2019
From the Texas Tribune: Analysis: After botching one shot at peace, the Texas GOP establishment tries again
For 2306 - A look at both the Texas Legislature and political parties, in addition to interest groups and law enforcement.
- Click here for the article.
Gov. Greg Abbott’s Thursday morning endorsement of state Rep. Dustin Burrows of Lubbock is a signal that the Republican establishment in Texas is trying to close ranks in advance of the 2020 elections.
Burrows and House Speaker Dennis Bonnen met in June with a Republican activistwho has since accused them of offering long-sought media passes to the House floor in return for help defeating 10 Republican House incumbents.
Bonnen has denied that allegation from Michael Quinn Sullivan, who heads a group called Empower Texans, a platform from which he regularly goads the state’s elected Republicans as insufficiently conservative.
For more:
- Texas House Republican Caucus.
- Dustin Burrows resigns as Texas House GOP Caucus chairman amid allegations of targeting Republicans.
- The Speaker and the Creeper: Everything You Need to Know About the Craziest Texas Political Scandal in Years.
- Analysis: Dennis Bonnen, Michael Quinn Sullivan and the Texas political roller coaster.
- Click here for the article.
Gov. Greg Abbott’s Thursday morning endorsement of state Rep. Dustin Burrows of Lubbock is a signal that the Republican establishment in Texas is trying to close ranks in advance of the 2020 elections.
Burrows and House Speaker Dennis Bonnen met in June with a Republican activistwho has since accused them of offering long-sought media passes to the House floor in return for help defeating 10 Republican House incumbents.
Bonnen has denied that allegation from Michael Quinn Sullivan, who heads a group called Empower Texans, a platform from which he regularly goads the state’s elected Republicans as insufficiently conservative.
For more:
- Texas House Republican Caucus.
- Dustin Burrows resigns as Texas House GOP Caucus chairman amid allegations of targeting Republicans.
- The Speaker and the Creeper: Everything You Need to Know About the Craziest Texas Political Scandal in Years.
- Analysis: Dennis Bonnen, Michael Quinn Sullivan and the Texas political roller coaster.
From the Texas Tribune: Analysis: Dumping Texas voters’ favorite shortcut might hurt down-ballot candidates — and Democrats
For both 2305 and 2306.
- Click here for the article.
The state’s decision to kill straight-ticket voting could cut turnout in down-ballot races in the 2020 elections — even if more voters show up to the polls.
Sure, those additional voters will cast ballots for president and U.S. Senate. But voter interest and knowledge gets thinner and thinner as the ballots go on and on.
Without straight-ticket voting — where voters register support for all of their parties’ candidates with a single vote — down-ballot candidates will have to win with the support of the relatively few voters who make it past the marquee contests.
- Straight ticket voting.
- Down ballot races.
- Roll off, or undervote.
Example: 2018 Texas General Election.
- Click here for the article.
The state’s decision to kill straight-ticket voting could cut turnout in down-ballot races in the 2020 elections — even if more voters show up to the polls.
Sure, those additional voters will cast ballots for president and U.S. Senate. But voter interest and knowledge gets thinner and thinner as the ballots go on and on.
Without straight-ticket voting — where voters register support for all of their parties’ candidates with a single vote — down-ballot candidates will have to win with the support of the relatively few voters who make it past the marquee contests.
- Straight ticket voting.
- Down ballot races.
- Roll off, or undervote.
Example: 2018 Texas General Election.
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