Tuesday, August 26, 2025

Dear ChatGPT: why are certain federal executive agencies called "independent agencies?"

Certain agencies are called independent agencies because they are set up outside the executive departments and are intended to operate with a degree of independence from direct presidential control.


Here are the key reasons they’re considered "independent":

Not Part of Cabinet Departments: Unlike cabinet departments, independent agencies do not fall under the direct authority of a cabinet secretary. Instead, they report directly to the president or to Congress, depending on their structure.

Leadership Structure: Many are led by commissions or boards with multiple members (e.g., the Federal Trade Commission, the Securities and Exchange Commission). These leaders often serve fixed, staggered terms, which means the president cannot easily remove them at will.

Removal Protections: In some cases, the heads of these agencies can only be removed "for cause" (such as neglect of duty or misconduct) rather than at the president’s discretion. This is designed to insulate them from political pressure.

Specialized Functions: Independent agencies are often created by Congress to handle technical, regulatory, or enforcement tasks that require expertise and should be less subject to partisan politics. Examples include the Environmental Protection Agency (EPA), NASA, and the Social Security Administration.

Balance of Power: Their independence helps ensure that certain important functions—like regulating markets, enforcing election laws, or protecting consumer rights—are carried out in a relatively impartial way, even when presidential or congressional leadership changes.


In short: They’re called "independent" because Congress designed them to operate with some insulation from presidential and partisan control, ensuring continuity, expertise, and fairness in certain government functions.

From the New York Times: Trump, in a Move With Little Precedent, Says He Is Firing a Fed Governor

- Click here for the article

President Trump said on Monday that he was taking the extraordinary step of removing Lisa Cook from the Board of Governors of the Federal Reserve, in a legally dubious maneuver that could undermine the independence of the nation’s central bank.

Mr. Trump justified the firing, which he said was effective immediately, by pointing to allegations that Ms. Cook may have falsified records to obtain favorable terms on a mortgage. But Ms. Cook and her lawyer vowed to fight her dismissal, maintaining that the president did not have the grounds to oust her.

Ms. Cook has not been charged with wrongdoing or convicted of a crime. In the days before Mr. Trump attempted to remove her, the president had made no secret about his desire to remake the roster of the Fed, as he savaged its members, including Jerome H. Powell, the chair, for keeping interest rates too high.

By targeting Ms. Cook, Mr. Trump appeared to set the stage for a landmark battle that could define the limits of his power over the Fed. Many legal experts raised serious concerns late Monday with the manner of Ms. Cook’s dismissal, and the president’s justification for doing so, as they warned that Mr. Trump’s intervention could compromise an institution at the heart of the economy with damaging results.


In response: Lisa Cook Says She Will Not Step Down From the Fed Board.

Lisa Cook said that she would not step down from the Federal Reserve, hours after President Trump said that he was taking the extraordinary step of removing her from the central bank’s Board of Governors.

Mr. Trump announced the firing, which he said was effective immediately, earlier on Monday. He cited allegations that Ms. Cook may have falsified records in order to obtain favorable terms on a mortgage, even though she has not been charged with wrongdoing or convicted of a crime.

In a statement released through her lawyer on Monday evening, Ms. Cook said that “no cause exists under the law” for Mr. Trump to fire her.

“I will not resign,” she said. “I will continue to carry out my duties to help the American economy as I have been doing since 2022.”

Her lawyer, Abbe David Lowell, added: “We will take whatever actions are needed to prevent his attempted illegal action.”

Ms. Cook was initially appointed to the Board of Governors to fill an unexpired term. She was reappointed in 2023, and her full term is set to end in January 2038.

To fire Ms. Cook, Mr. Trump invoked a power in the Fed’s founding statute that allows him to remove members of the board with cause. He justified the maneuver, a legally dubious one that could undermine the independence of the central bank, by claiming that the allegations of mortgage fraud compromised Ms. Cook’s ability to perform as an effective financial regulator.

Mr. Trump has made no secret about his desire to remake the roster of the Federal Reserve, relentlessly attacking the central bank and its members in the hopes they will lower borrowing costs.

Until recently, he was focused on Jerome H. Powell, the Fed chair. But his attention recently turned to Ms. Cook. Bill Pulte, the director of the Federal Housing Finance Agency, last week accused her of falsifying records to obtain more favorable terms on mortgages, and said the agency had referred the issue to the Justice Department.

Dear ChatGPT: What is the extent of a president's removal powers?

The extent of a president’s removal powers (the ability of the U.S. president to fire executive branch officials) has been a debated constitutional question since the founding. The key points are:


1. Constitutional Basis

- The Constitution is silent on the president’s explicit removal power.
- Article II vests the “executive power” in the president and obliges the president to “take care that the laws be faithfully executed.”
- From this, many have argued that the president must be able to remove executive officials to ensure accountability.

2. Early Understanding

- 1789 Decision (the “Decision of 1789”): When creating the first executive departments, Congress debated whether the president alone could remove officials. The conclusion was that removal was an inherent presidential power (at least for purely executive officers).

3. Supreme Court Precedents

- Myers v. United States (1926): The Court held that the president has the exclusive power to remove executive branch officials (in this case, a postmaster) without Senate approval.
- Humphrey’s Executor v. United States (1935): The Court limited Myers, ruling that Congress can restrict removal of officials in independent regulatory agencies (like the FTC) who perform quasi-legislative or quasi-judicial functions.
- Morrison v. Olson (1988): Upheld limits on removal of independent counsel, ruling that such limits do not always violate separation of powers.
- Seila Law v. CFPB (2020): Court struck down restrictions on removal of the single director of the Consumer Financial Protection Bureau, reaffirming strong presidential removal power over principal executive officers.

4. Current Understanding

- Purely executive officers (e.g., Cabinet secretaries): The president can remove them at will.
- Independent agencies (e.g., FTC, SEC, Federal Reserve): Congress may grant some protections (like “for cause” removal), but the Court has been skeptical of broad restrictions.
- Inferior officers (e.g., certain prosecutors, administrative judges): Congress has some leeway to insulate them from removal, depending on their functions.

5. Limits

The president cannot remove federal judges (who serve during “good behavior”).

- Congress cannot directly remove executive officials, but it can impeach them.
- Congress can limit removal in certain independent agencies, though the Supreme Court has been narrowing these limits.


In short: The president has broad removal powers over executive officials, especially those who carry out core executive functions. Congress can create some limits for independent or quasi-legislative/quasi-judicial officers, but recent Supreme Court rulings have pushed back toward stronger presidential control.

A summary of what you should have learned in kindergarden through 5th grade

I'm trying to build from this foundation: 

Kindergarden
- Rules
- order, security, safety
- authority figures

First Grade
- laws
- home, school, community
- establish order
- provide security
- manage conflict
- public officials
- responsibilities of authority

Second Grade
- purpose of governments
- government services
- police and fire protection
- libraries
- schools
- parks
- value to the community
- role of public officials
- name public officials
- mayor, governor, president
- selection of officials
- elections
- appointments
- citizen participation
- staying informed
- providing input
- volunteering
- participation in government functions

Third Grade
- structure and function of levels of government
- basic structure of various levels
- local community
- state
- nation
- official on each level
- how chosen?
- services provided by each level
- ideas in historical documents
- Declaration of Independence
- U.S. Constitution
- Bill of Rights
- consent of the governed

Fourth Grade
- evolving governments in early Texas
- Caddo government
- Comanche government
- Spanish colonial government
- early Mexican government
- historical document of Texas
- Texas Declaration of Independence
- Texas Constitution
- functions of the three branches
- Celebrate Freedom Week

Fifth Grade
- organizations of colonial governments
- representative governments
- monarchy
- Mayflower compact
- Virginia House of Burgesses
- Ideas in basic American documents
- basic functions of three branches
- reason for checks and balances
- describe checks and balances
- national government
- state government
- federal system

On This Day in History: August 25

2011 – Fifty-two people are killed during an arson attack caused by members of the drug cartel Los Zetas.

2003NASA successfully launches the Spitzer Space Telescope into space

1991Belarus gains its independence from the Soviet Union

1967George Lincoln Rockwell, founder of the American Nazi Party, is assassinated by a former member of his group

1961 – President Jânio Quadros of Brazil resigns after just seven months in power, initiating a political crisis that culminates in a military coup in 1964

1950 – To avert a threatened strike during the Korean War, President Truman orders Secretary of the Army Frank Pace to seize control of the nation's railroads

1948 – The House Un-American Activities Committee holds first-ever televised congressional hearing: "Confrontation Day" between Whittaker Chambers and Alger Hiss

1933 – Nazi Germany and the Zionist Federation of Germany signed the Haavara Agreement. The agreement was a major factor in breaking the anti-Nazi boycott of 1933 and facilitated Jewish emigration from Germany and into Palestine

1914 – World War I: The library of the Catholic University of Leuven is deliberately destroyed by the German Army. Hundreds of thousands of irreplaceable volumes and Gothic and Renaissance manuscripts are lost

1835 – The first Great Moon Hoax article is published in The New York Sun, announcing the discovery of life and civilization on the Moon

1823 – American fur trapper Hugh Glass is mauled by a grizzly bear while on an expedition in South Dakota

Monday, August 25, 2025

Dear Chat GPT: What is a de facto government?

I've been catching up with drug cartels and how they acquire and maintain power, actual power. Like they can kill you and everyone you know and get away with it. 

Doesn't that make them a government? Not in law, but in reality.

Turns out there is such a thing as a de facto government - like the cartels - and a de jure government. Teh government of Mexico is one example, or Katy.

Here's what ChatGPT tells me about them: 


A de facto government is a government that has taken power and is exercising control over a territory, but without legal or constitutional legitimacy.

Key points:

- "De facto" means "in fact" or "in practice." A de facto government exists in reality because it has actual power and control.
- It differs from a de jure government ("by law"), which is the government legally recognized by a country’s constitution or international law.

De facto governments often arise through coups, revolutions, or military takeovers, when an existing government is displaced but the new rulers are not lawfully established.

They may or may not be recognized by other states or international organizations.

Example: If the military overthrows a country’s elected government and rules without a legal mandate, that military regime would be considered a de facto government.

Sunday, August 24, 2025

On this Day in History: 8/24/25

1967 – Led by Abbie Hoffman, the Youth International Party temporarily disrupts trading at the New York Stock Exchange by throwing dollar bills from the viewing gallery, causing trading to cease as brokers scramble to grab them.

1954 – The Communist Control Act goes into effect, outlawing the Communist Party in the United States

1909 – Workers start pouring concrete for the Panama Canal

1857 – The Panic of 1857 begins, setting off one of the most severe economic crises in United States history

1816 – The Treaty of St. Louis is signed in St. Louis, Missouri

1682William Penn receives the area that is now the state of Delaware, and adds it to his colony of Pennsylvania

1662 – The 1662 Book of Common Prayer is legally enforced as the liturgy of the Church of England, precipitating the Great Ejection of Dissenter ministers from their benefices

1215Pope Innocent III issues a bull declaring Magna Carta invalid.

Meet my ex neighbor / new Dean of the College of Nursing and Health Sciences at Texas A&M International University

An all around cool person . . .

Her story might be instructive.  



Dr. Elda G. Ramirez



“In 1978, I became a junior volunteer at Mercy Hospital in the Emergency Department. In those days, they let me do so many things! I would help with suturing and take patients all over the hospital. There was a lady one time who came in with a splint on her leg because she had dislocated her patella (kneecap). All I remember is by the time I left her room, I had her smiling through the pain. I knew I liked the energy and flow of the unexpected in the Emergency Department. The Emergency Department felt like home. I still maintain a practice as an Emergency Nurse Practitioner,” Ramírez said.

She had soon set in motion a career in Nursing that spans nursing, education, research... and now being named TAMIU’s new Dean of the College of Nursing and Health Sciences after a national search.

“I moved to Houston a week after graduating from St. Augustine High School and started my pre-nursing at the University of Houston. Once I received my BSN (1988), I worked in the intensive care units and was back in the emergency department within three years. After having some minor leadership roles, I noted that nurse practitioner programs were growing across the country.

“I was independent as a nurse, so being a nurse practitioner would be my next endeavor. Once I finished my NP program, I wanted to go back to the emergency department, but no one would take me. The NP role was very new, though it had been around since 1965. In 1993 when I completed my MSN as an FNP it was still not well understood, especially in emergency departments.

“I landed my first job as an NP in the Emergency Department at University Hospital in San Antonio and loved every minute of it. When I started this dream job, I realized I was very deficient in my knowledge since I was a family nurse practitioner. My training did not prepare me as a nurse practitioner in the emergency department.

“In 1994, the Dean at UT Health Science Center School of Nursing in Houston, Dr. Patricia Starck, remembered me because I used to take care of her mom in the Emergency Department and asked if I was willing to start the first emergency nurse practitioner program in the nation. There was an opportunity with the Department of Emergency Medicine to staff and develop this. I never ever dreamed that I would be an academic... it was the furthest from my personal goals or journey. I wanted to work in the emergency department so badly and wanted to go back to Houston, so I took the leap. The PhD was a must, and I completed it in 2006,” she explained.

The American College of Vetenary Ophthalmologists




My cat has an ouchy on and in its eye.

I took him to this guy to try to make it better.

Notice his shirt. These are the people who let him do it. You may well have to do something similar for your choosen profession.

Who are they? 

The American College of Vetenary Ophthalmologists.

Veterinary specialties.

- Texas Occupations Code: TITLE 4. PROFESSIONS RELATED TO ANIMALS CHAPTER 801. VETERINARIANS.

So, you want to be a veterinary ophthalmologist?!

Why do you have to take this class? Welcome to Texas Education Code: Sec. 51.301.

An example of statutory law

For more: Texas Law.

GOVERNMENT OR POLITICAL SCIENCE.

(a) Every college and university receiving state support or state aid from public funds shall give a course of instruction in government or political science which includes consideration of the Constitution of the United States and the constitutions of the states, with special emphasis on that of Texas. This course shall have a credit value of not less than six semester hours or its equivalent.

Except as provided by Subsection (c), a college or university receiving state support or state aid from public funds may not grant a baccalaureate degree or a lesser degree or academic certificate to any person unless the person has credit for such a course.

The college or university may determine that a student has satisfied this requirement in whole or in part on the basis of credit granted to the student by the college or university for a substantially equivalent course completed at another accredited college or university or on the basis of the student's successful completion of an advanced standing examination administered on the conditions and under the circumstances common for the college or university's advanced standing examinations.

The college or university may grant as much as three semester hours of credit or its equivalent toward satisfaction of this requirement for substantially equivalent work completed by the student in the program of an approved senior R.O.T.C. unit.

(b) The requirement of Subsection (a) that the required course must include special emphasis on the Texas Constitution does not apply to a degree granted on completion of an academic program offered by a medical and dental unit, as that term is defined by Section 61.003, to a student who is a member of the armed forces of the United States, including the reserves or national guard, if:

(1) the program is operated by the medical and dental unit under contract with the United States Army;

(2) the program requires less than two years of residency in this state; and

(3) the principal participants in the program are military personnel stationed outside this state.

(c) The governing board of a general academic teaching institution that offers a joint baccalaureate degree program under a contract with a foreign college or university may exempt a student enrolled in the joint degree program from the course requirement prescribed by Subsection (a) if the student:

(1) enrolled in the foreign college or university before enrolling in the joint degree program or is otherwise considered to be primarily a student of the foreign college or university; and

(2) successfully completes the American Way course described by Subsection (d) at the institution the student attends or, with the approval of that institution, at another general academic teaching institution that offers the course.

(d) The American Way course authorized by Subsection (c)(2) must be designed to provide a foreign student with a familiarity and understanding of United States government and civic life and their sources, development, and character. The course must concentrate on important texts, including the United States Constitution and the Declaration of Independence, on the works and contributions of influential authors, political and cultural leaders, and other important figures, and on important events and developments in United States history. The course must cover important developments in human and civil rights, including the civil rights movement and the history of women's rights. The course must cover the history and development of the State of Texas and its place in United States history and culture. The course must consist of four semester credit hours, with one semester credit hour in practicum activities intended to provide the student with experience in the three branches of government through participation at the federal, state, or local level. The course may not be taken for course credit by a student other than a student described by Subsection (c).

(e) In this section, "general academic teaching institution" has the meaning assigned by Section 61.003.

Amended by Acts 1995, 74th Leg., ch. 5, Sec. 1, eff. March 23, 1995; Acts 1995, 74th Leg., ch. 17, Sec. 1, eff. Aug. 28, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 539 (S.B. 1051), Sec. 1, eff. June 16, 2007.

Dear ChatGPT: What is the difference between athoritarianism and democracy?

The main difference between authoritarianism and democracy lies in who holds power and how decisions are made:


Authoritarianism

- Power concentrated: Authority is held by a single ruler, a small elite, or a political party.
- Limited political freedoms: Citizens have little to no role in decision-making; opposition is often restricted or suppressed.
- Rule by force/control: Leaders maintain power through censorship, propaganda, intimidation, or coercion.
- No checks and balances: Institutions (courts, legislature, media) are often controlled by those in power.

Examples:
Dictatorships
Military regimes
One-party states.


Democracy

- Power distributed: Political power comes from the people, typically through free and fair elections.
- Political freedoms: Citizens have rights such as free speech, assembly, and the ability to criticize leaders.
- Rule of law: Leaders must follow the same laws as citizens.
- Checks and balances: Independent courts, legislatures, and media act as restraints on power.

Types:
Direct democracy (citizens vote directly on policies)
Representative democracy (citizens elect officials to govern).

In short:

Authoritarianism = government controls the people.
Democracy = people control the government.

Saturday, August 23, 2025

On This Day in History: 8/23/2025

A Service of Wikipedia

1991 – The World Wide Web is opened to the public.

1970 – Organized by Mexican American labor union leader César Chávez, the Salad Bowl strike, the largest farm worker strike in U.S. history, begins.

1966Lunar Orbiter 1 takes the first photograph of Earth from orbit around the Moon.

1927 – Italian anarchists Sacco and Vanzetti are executed after a lengthy, controversial trial.

1904 – The automobile tire chain is patented.

1831Nat Turner's rebellion of enslaved Virginians is suppressed.

1784 – Western North Carolina (now eastern Tennessee) declares itself an independent state under the name of Franklin; it is not accepted into the United States, and only lasts for four years.

1775American Revolutionary War: King George III delivers his Proclamation of Rebellion to the Court of St James's stating that the American colonies have proceeded to a state of open and avowed rebellion.

1572French Wars of Religion: Mob violence against thousands of Huguenots in Paris results in the St. Bartholomew's Day massacre.

Monday, August 18, 2025

What is statelessness?

From ChatGPT:

Statelessness is the condition of not being recognized as a citizen or national by any country under its laws.

In other words, a stateless person has no legal nationality. This means:

- They may not have the right to a passport or official identification.
- They can be denied access to education, healthcare, employment, property ownership, and other rights that usually come with citizenship.
- They may face difficulties traveling, marrying, or even registering their children.


  From Wikipedia: Click here for the page.

In international law, a stateless person is someone who is, “Not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees published an estimation of 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021. However, the data itself is not complete because UNHCR does not have data from many countries, such as from at least 22 countries where mass statelessness exists. The data also does not include de facto stateless people who have no legal identification to prove their nationality or legal existence. According to the World Bank, at least 850 million fit that category. Given that the legal concept of nationality prevails in practice, completely undocumented people fit the definition of being de facto stateless.

Thursday, August 14, 2025

On this day in history - 8/14/2025

1948 – An Idaho Department of Fish and Game program to relocate beavers known as Beaver drop occurred. This program relocated beavers from Northwestern Idaho to Central Idaho by airplane and then parachuting the beavers into the Chamberlain Basin .

1936Rainey Bethea is hanged in Owensboro, Kentucky in the last known public execution in the United States.

1935Franklin D. Roosevelt signs the Social Security Act, creating a government pension system for the retired.

1848Oregon Territory is organized by act of Congress.

1842American Indian Wars: Second Seminole War ends, with the Seminoles forced from Florida.

1784Russian colonization of North America: Awa'uq Massacre: The Russian fur trader Grigory Shelikhov storms a Kodiak Island Alutiit refuge rock on Sitkalidak Island, killing 500+ Alutiit.

1720 – The Spanish military Villasur expedition is defeated by Pawnee and Otoe warriors near present-day Columbus, Nebraska.

1264 – After tricking the Venetian galley fleet into sailing east to the Levant, the Genoese capture an entire Venetian trade convoy at the Battle of Saseno.

74 BC – A group of officials, led by the Western Han minister Huo Guang, present articles of impeachment against the new emperor, Liu He, to the imperial regent, Empress Dowager Shangguan.

Saturday, August 2, 2025

On this day August 2: The Potsdam Conference

An example of treaty making, one of the fundamental powers of the executive branch.

The goal? 

To decide how to administer Germany, which had agreed to an unconditional surrender nine weeks earlier. The goals of the conference also included establishing the postwar order, solving issues on the peace treaty, and countering the effects of the war.

- Click here for the Wikipedia entry.

Sunday, July 27, 2025

From the Office of the Texas Governor: Governor Abbott Announces Special Session Agenda

This is from July 9th. The session started on July 21st and can run no more than 30 days. 

- You might find this primer helpful: Texas Legislature 101: Understanding the state government and how it passes laws.

- Click here for the announcement.


The Special Session agenda items include:

FLOOD WARNING SYSTEMS: Legislation to improve early warning systems and other preparedness infrastructure in flood-prone areas throughout Texas.

FLOOD EMERGENCY COMMUNICATIONS: Legislation to strengthen emergency communications and other response infrastructure in flood-prone areas throughout Texas.

RELIEF FUNDING FOR HILL COUNTRY FLOODS: Legislation to provide relief funding for response to and recovery from the storms which began in early July 2025, including local match funding for jurisdictions eligible for FEMA public assistance.

NATURAL DISASTER PREPARATION & RECOVERY: Legislation to evaluate and streamline rules and regulations to speed preparedness for and recovery from natural disasters.

ELIMINATE STAAR TEST: Legislation to eliminate the STAAR test and replace it with effective tools to assess student progress and ensure school district accountability.

CUT PROPERTY TAXES: Legislation reducing the property tax burden on Texans and legislation imposing spending limits on entities authorized to impose property taxes.

PROTECT CHILDREN FROM THC: Legislation making it a crime to provide hemp-derived products to children under 21 years of age.

REGULATE HEMP-DERIVED PRODUCTS : Legislation to comprehensively regulate hemp-derived products, including limiting potency, restricting synthetically modified compounds, and establishing enforcement mechanisms, all without banning a lawful agricultural commodity.

PROTECT UNBORN CHILDREN: Legislation further protecting unborn children and their mothers from the harm of abortion.

BAN TAXPAYER-FUNDED LOBBYING: Legislation prohibiting taxpayer-funded lobbying, including the use of tax dollars to hire lobbyists and payment of tax dollars to associations that lobby the Legislature.

PROTECT HUMAN TRAFFICKING VICTIMS: Legislation, similar to Senate Bill No. 1278 from the 89th Legislature, Regular Session, that protects victims of human trafficking from criminal liability for non-violent acts closely tied to their own victimization.

POLICE PERSONNEL RECORDS: Legislation that protects law enforcement officers from public disclosure of unsubstantiated complaints in personnel files.

PROTECT WOMEN’S SPACES: Legislation protecting women’s privacy in sex-segregated spaces.

ATTORNEY GENERAL ELECTION POWERS: Legislation proposing a constitutional amendment allowing the Attorney General to prosecute state election crimes.

REDISTRICTING: Legislation that provides a revised congressional redistricting plan in light of constitutional concerns raised by the U.S. Department of Justice.

TITLE THEFT & DEED FRAUD: Legislation, similar to Senate Bill No. 648 from the 89th Legislature, Regular Session, that provides strengthened protections against title theft and deed fraud.

WATER PROJECT INCENTIVES: Legislation, similar to Senate Bill No. 1253 from the 89th Legislature, Regular Session, that authorizes political subdivisions to reduce impact fees for builders who include water conservation and efficiency measures.

STATE JUDICIAL DEPARTMENT: Legislation, similar to Senate Bill No. 2878 from the 89th Legislature, Regular Session, relating to the operation and administration of the Judicial Department of state government.

From the Washington Post: A mysterious LLC is using a 300-year-old law to target D.C. sports betting

I love this story.

It fits into my ongoing exploration about the origins of law. This story has the added feature of highlighting a conflict in the law.

Here's helpful background: 

- Statute of Anne.
- LLC - limited liability company.
- 16 Benefits of a Delaware LLC.
- § 16–1702. Recovery of losses at gaming.

- Click here for the article.


More than 300 years ago, wanting to protect gamblers from losing everything, the British Parliament passed the Statute of Anne, named for the then-reigning British monarch, Queen Anne.

The enactment, which allowed gamblers to sue to recover their losses over a certain amount, eventually found its way to the District of Columbia, where it has remained on the city’s law books for decades, seemingly unknown to generations of elected officials.

Until now, that is.

The 18th-century statute is now threatening the major sports betting companies that operate in D.C., emerging recently in a federal lawsuit filed this spring against the companies by a mysterious Delaware-based LLC.

The LLC, DC Gambling Recovery, revived the Statute of Anne in seeking to recover potentially millions of dollars in gambling losses from sports betting giants, including Caesars Sportsbook, BetMGM and DraftKings, that it says the law allows it to recoup.

In D.C., the law states that gambling losses of $25 or more can be recovered in a lawsuit. If the plaintiff wins, the LLC would be required to split the damages in half with the city, and its attorneys estimate the District could take in more than $300 million. That is, if the D.C. Council lets the lawsuit move forward.

On Monday, D.C. lawmakers may vote to change the Statute of Anne for the first time in decades by clarifying that the 18th-century law does not apply to legalized modern sports betting — a retroactive provision that they’ve attached to the nearly $22 billion budget that could, in turn, moot the lawsuit.


See also: Wilson Building Bulletin: The fight over a British monarch’s gambling law continues.

Monday, July 21, 2025

Where do laws come from?

Sometimes they come from Ancient Rome. 

Case in point: Laws regarding the ownership of beaches. These date back to the time of Justinian and are still the basis of much - though not all - of contemporary law on the subject. A similar story can be told about most every type of law that exists.

From the New York Times: An Ancient Law Could Shape the Modern Future of America’s Beaches. Here’s How.

. . . At issue is a legal concept from the sixth century A.D., when Emperor Justinian ordered the codification of Roman laws. The resulting code declared that features of nature like the air, running water, the sea and “the shores of the sea” must be held in trust for the use of the public. That idea passed into English common law, and then to the United States.

Today, most states define the beach below the high-tide line as public trust property, meaning members of the public have free access.

As a result, environmentalists, regulators, surfers and others say that landowners must not install sea walls or other coastal armor that will inevitably doom public beaches to disappear. On the other hand, owners of beachfront houses, hotels and other properties argue that if rules against coastal armor cause their private property to vanish beneath the waves, then they must be compensated for their losses.

The result is an impasse playing out from Hawaii to South Carolina.

When it comes to beaches, “there tends to be a lot of agreement that people would like to preserve these properties,” said Jeremy Talcott, an attorney at the Pacific Legal Foundation, which has represented property owners in disputes over armor. But there is “a much lower desire to actually pay for it.”

. . . Though rules vary, most U.S. states follow the principle that land below the high-tide line is public property. In Rhode Island, for example, members of the public may walk, fish, gather seaweed and “leave the shore to swim in the sea” on these beaches. These rights are set out in the State Constitution.

Until recently, most court cases about public trust beaches involved property owners who posted no-trespassing signs, erected fences or hired guards to keep people out. Now, the very existence of these beaches is often the issue.

One such case in Columbia, S.C., involves setback rules first adopted in 1988.

This spring in South Carolina Administrative Law Court, Rom and Renee Reddy challenged the state Department of Environmental Services, which had fined them $289,000 for building what officials called an “unpermitted” sea wall at their house on Isle of Palms.

. . . A decision by Judge Ralph K. Anderson III is pending.

For more: 

- Justinian Code.

- Common Law.

- Public Trust Doctrine.

Texas Open Beaches Act.

Sunday, July 20, 2025

For my 11 week GOVT 2305 students: The 1000 word essay



The essay will be due before you know it. If you haven't already, get going on it.

I'll help.

Here's the assignment:

Executive Influence on the Legislature

Describe how successful Governor Abbott has been in influencing the agenda of the 89th Texas Legislative Session.

Some of the powers the governor is granted in the Texas Constitution allow him to impact the legislative process. He can declare that certain pieces of legislation are emergencies, meaning they can be considered before any other. He can also veto legislation without the possibility of an override by the legislature. He can also veto and funding he does not care for, again without the possibility of an override. There are other informal ways he can persuade and/or coerce the legislature to pass the bills he wants passed.

Used skillfully, these allow a governor to dictate what the legislature will do.

Has our governor been successful this session?


I'll break this down to a few smaller questions: 

- What are the legislative powers of the governor?
- What is emergency legislation? 
- What legislation did Governor Abbott declare emergencies? Why?
- How did he promote each of these laws? 
- What opposition existed for each of these laws? 
- How successful have past governors been in promoting their legislative agenda?


(Idea: Input these into ChapGPT and see what you get.)

There will be more, plus helpful sources of information.

Thursday, July 10, 2025

List of professions pursued by summer 1 students:

If you're taking me now you'll note that in written assignment 1 I ask you about what career you plan to pursue. This allows to ficus on what state mandated criteria might be necessary to pursue that career. 

Not all do of course. 

Here is a list of what I received in summer 1. I'll follow up with what licenses are required for the occupations that require them, I'll also ask why they are required.

- Medical / Health Care
Certified Registered Nurse Anesthetist
dentist
child psychiatrist
podiatrist
physician assistant
Dental Assistant Certificate
sonographer
radiologist assistant
surgeon
child and adolescent psychiatrist
nurse
Dental Hygienist
nurse anesthetist
nurse practitioner
Doctor of Nursing Practice
child psychologist
Forensics
forensic pathologist
Registered Nurse
orthopedic surgeon
neurologist
health administration
veterinarian
Esthetician
pediatrician
ultrasound technologist
maxillofacial surgeon
epidemiologist
anesthesiologist
dermatology
pharmacist
psychiatrist
orthodontist
Certified Registered Nurse Anesthetist
clinical psychologist
oncologist
medical technologist
psychiatric physician assistant
Field Technician

- Business
marketing assistant
Real Estate
real estate agent
commercial real estate agent
finance
commercial banking
corporate finance
investment banking
business woman

- Engineering / Technology
engineering
mechanical engineer
biomedical engineer
Aerospace Engineering
chemical engineer
Petroleum Engineer
biomedical engineer
computer scientist or software engineer
web developer

- The Arts
Art Professor
choir director
high school teacher.
High school Art Teacher
film director
music performance
musician
industrial or interior designer
model
actor or singer
architecture

- Law Enforcement
special agent for the FBI
Crime Scene Investigator
law enforcement

- Law
lawyer
family attorney

Commercial Airline Pilot
astronaut
airline pilot

- Science
wildlife biologist
marine biologist

- miscellaneous
traveler
influencer

Tuesday, July 8, 2025

1000 word essay question for Summer 2

For GOVT 2306  

I want you to select one of the bills below and decribe it as thoroughly as possible.

Follow the link provided and navigate through the site it takes you to. That's all the information you need.

- HB 2 - Relating to public education and public school finance.

HB 6 - Relating to discipline management and access to telehealth mental health services in public schools.

HB 20 - Relating to establishing the Applied Sciences Pathway program.

- HB 27 - Relating to courses in personal financial literacy for high school students in public schools.

HB 33 - Relating to active shooter incidents at primary and secondary school facilities and other emergencies.

HB 42 - Relating to the amount and allocation of the annual constitutional appropriation to certain agencies and institutions of higher education and to the permissible uses of that money.

SB 2 - Relating to the establishment of an education savings account program.

SB 4 - Relating to an increase in the amount of the exemption of residence homesteads from ad valorem taxation by a school district and the protection of school districts against certain losses in local revenue.

SB 5 - Relating to the creation of the Dementia Prevention and Research Institute of Texas.

SB 10 - Relating to the display of the Ten Commandments in public school classrooms.

SB 11 - Relating to a period of prayer and reading of the Bible or other religious text in public schools.

SB 12 - Relating to parental rights in public education, to certain public school requirements and prohibitions regarding instruction, diversity, equity, and inclusion duties, and social transitioning, and to student clubs at public schools.

SB 13 - Relating to a school district's library materials and catalog, the establishment of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials.

SB 24 - Relating to the inclusion of an understanding of communist regimes and ideologies in the essential knowledge and skills for the social studies curriculum for certain public school students.

SB 25 - Relating to health and nutrition standards to promote healthy living, including requirements for food labeling, primary and secondary education, higher education, and continuing education for certain health care professionals; authorizing a civil penalty.

SB 37 - Relating to the governance of public institutions of higher education, including review of curriculum and certain degree and certificate programs, a faculty council or senate, training for members of the governing board, and the establishment, powers, and duties of the Texas Higher Education Coordinating Board Office of the Ombudsman.


Nuts and Bolts:

- The 1000 word requirement is a minimum, not a maximum. You may write as much as you wish.
- Please use at least three references.
- You may use whatever format you wish.
- I don't use rubrics, so you are free to approach this as you wish, nut be professional.
- If you want an A, be excellent.






Sunday, June 22, 2025

Dear ChatGPT: How competitive are elections in the United States? in Texas?

How competitive are elections in the United States? in Texas?

The competitiveness of elections in the United States varies significantly depending on the level of government (federal, state, local) and geographic region. Here's a breakdown:


1. Federal Elections (President, Senate, House)

- Presidential Elections: Generally competitive, with major parties (Democrats and Republicans) closely contesting swing states. However, the Electoral College can make the race feel less competitive in states that consistently vote for one party.
- Senate Elections: Moderately competitive, but many seats are considered “safe” for one party due to state partisanship. Competitive races usually happen in battleground states.
- House Elections: Less competitive overall. Due to gerrymandering and demographic sorting, many House districts are designed to favor one party, making the general election a foregone conclusion in many places. Only about 10–15% of seats are considered truly competitive in most cycles.


2. State and Local Elections

- Governors and State Legislatures: Competitiveness depends on the state. Some states (like Wisconsin, Arizona, and Georgia) see intense competition; others are dominated by one party.
- Local Elections: Often less competitive due to low voter turnout, incumbent advantages, and lack of major party influence in some areas (especially in nonpartisan races).


3. Factors That Affect Competitiveness

- Incumbency: Incumbents are reelected at high rates, especially in Congress.
- Gerrymandering: Drawing of electoral district lines to favor one party reduces competitiveness.
- Campaign Finance: Well-funded candidates often deter challengers.
- Primary Elections: Can be more competitive than general elections, especially in one-party districts.


4. Indicators of Competitiveness

- Margin of Victory: Smaller margins indicate higher competitiveness.
- Number of Contested Races: Some districts have no challenger at all.
- Voter Turnout: Competitive races often drive higher turnout.


Conclusion: U.S. elections are structurally competitive in design, but actual competitiveness is often reduced by factors like gerrymandering, incumbency, and political polarization. Some races are hotly contested, especially at the national level and in swing areas, while many others are not.


How competitive are elections in Texas?

Elections in Texas tend to be low‑competition overall, though a few regions and races are becoming more competitive. Here's a breakdown across levels:


State Legislature

According to Ballotpedia, in 2024 Texas had a legislative competitiveness index of 36.9, ranking 17th 
 60% of seats were contested by both parties.
 41% of incumbents faced primary challenges.
 About 10% of races were open seats.

Even though competition has increased slightly since 2022  most districts remain safe for the dominant party.

U.S. House & Gerrymandering

Congressional races in Texas are especially uncompetitive, heavily shaped by aggressive GOP gerrymandering:

Only 3 truly competitive districts remain in the 2024 map ballotpedia.org+11democracydocket.com+11brennancenter.org+11reformaustin.org+1medium.com+1.


Republican-controlled redistricting created a “firewall”: 21 out of 25 GOP-held seats were Trump+, 15‑point or more brennancenter.org+2brennancenter.org+2tpr.org+2.


AP estimates gerrymandering awarded the GOP +4 extra U.S. House seats in the latest cycle—+5 specifically in Texas .

Despite Democrats often securing ~46–48% of statewide vote, they hold just 13 of 38 U.S. House seats 

Statewide & Federal Races

- Presidential elections: In 2024, Trump won TX by ~13.7%, his strongest in the state since 2012 a clear GOP advantage.

- Gubernatorial races: Gov. Abbott won reelection in 2022 by ~10.9%, nearly 14-point wins in many rural counties reformaustin.org+6medium.com+6tpr.org+6en.wikipedia.org.

- Senate primaries: The GOP Senate primary is unusually competitive, with internal division between Cornyn and Paxton, and possibly a third candidate wsj.com+2statesman.com+2en.wikipedia.org+2. Historically, though, general elections remain solidly Republican.

Local Trends & Demographics

Rapid suburban growth—areas like Fort Bend County—are shifting toward Democrats en.wikipedia.org.

Local races (e.g., San Antonio mayor) have seen partisan influence, illustrating changing dynamics at the municipal level .

Democrats are investing heavily in infrastructure and local candidate recruitment (e.g., Beto O’Rourke’s town halls; Soros-funded "Blue Texas") wsj.com, hoping to build competitiveness over time.

Bottom Line

- Statewide and congressional races: GOP-dominated and largely uncompetitive due to gerrymandering and structural advantages.

- Legislative and local races: Slightly more competitive, particularly in suburbs and open-seat contests.

- Primaries: Growing in competitiveness, especially within the GOP.

- Future outlook: Changing demographics and Democratic investments may bring more competitive races in suburbs and some down-ballot offices—but the core structure remains Boston-heavy GOP.

Texas is trending toward a more competitive landscape—but for now, on most levels, elections are still characterized by low competition and party-line certainty, especially under current maps.

Wednesday, June 18, 2025

Tuesday, June 17, 2025

Sunday, June 15, 2025

HJR 98

- Click here for it

From the Brazoria County Clerk: Sample Ballots

For our look at governing institutions: When were local offices elected?

- Click here for the page.  

- Click here for the Brazoria County precinct maps.

- Click here for the map of Precinct 67 (the home of Nolan Ryan Junior High)

From the Texas Secretary of States' Office: Important Election Dates 2025-2026.

Dear CHatGPT: What does it take to obtain permits to have a protest in Houston?

Here’s how to obtain a permit in Houston to hold a protest—officially considered a “special event,” “street function,” or “parade” depending on its scope:


🎯 1. Determine Event Type

  • Neighborhood Parade: Under 250 participants, <1 mile, excludes major thoroughfares — requires a simplified permit notification at least 10 business days in advance .

  • Minor Street Function: Involves local streets without major thoroughfare closures – submit at least 40 days before the event .

  • Major Street Function (e.g., blocking major roads/lanes) or full parade: Submit at least 90 days in advance; major parades also incur permit fees (e.g., ~$305) and may require route/traffic/security plans .


📄 2. Submit Special Event Application


🧾 3. Provide Required Requisites

After conditional approval, include:


💵 4. Pay Fees

  • Base permit fees ~ $66 for street functions; parade permit ~ $305 .

  • Fire safety/special structures: If tents, stages, etc., are used, permits and inspections are required—fire code permits range from $200–$600 based on crowd size .

  • Additional Fees: Police staffing, traffic control, park use, metered vs. closed streets; city services free for first 12 intersections or 1 mile, then ~$1,185 per intersection .


⏳ 5. Prepare Timeline

  • Major events: Apply 90–120 days ahead.

  • Minor street functions: Apply at least 40 days ahead.

  • Neighborhood parades: At least 10 business days prior .

  • You can apply up to 365 days in advance for parades .


✅ 6. Final Approval & Compliance

  • The permit is valid only for the event date—new permit needed each time .

  • Ensure compliance with all conditions (police, fire, insurance, health).

  • Police/Fire Departments may shut events down in emergencies for safety reasons .


📝 Quick Checklist

TaskRequired For
Identify event type & timelineAll
Fill & submit Special Event ApplicationAll
Include maps, traffic/medical/security plansStreet/parades
Provide insurance certificateAll
Pay permit & service feesAll
Fire-safety inspection if structuresTents/stages
Secure neighborhood permissionIf needed