Castro Resigns

Who'd a thunk it?

The Cold War is now officially over.

Signing Statement on the Defense Authorization Act

President Bush issued another signing statement when he signed the Defense Authorization Act recently. The American Constitution Society gives a rundown and links to commentary.

Here are relevant quotes from the statement itself.

The executive branch shall construe sections 914 and 1512 of the Act, which purport to make consultation with specified Members of Congress a precondition to the execution of the law, as calling for but not mandating such consultation, as is consistent with the Constitution's provisions concerning the separate powers of the Congress to legislate and the President to execute the laws.

A number of provisions in the Act call for the executive branch to furnish information to the Congress or other entities on various subjects. These provisions include sections 219, 313, 360, 1211, 1212, 1213, 1227, 1402, and 3116 of the Act, section 427 of title 10, United States Code, as amended by section 932 of the Act, and section 1093 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) as amended by section 1061 of the Act. The executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.

The executive branch shall construe as advisory section 1011(b)(2) of the Act, which purports to prohibit the Secretary of the Navy from retiring a specified warship from operational status unless, among other things, a treaty organization established by the U.S. and foreign nations gives formal notice that it does not desire to maintain and operate that warship. If construed as mandatory rather than advisory, the provision would impermissibly interfere with the President's constitutional authority to conduct the Nation's foreign affairs and as Commander in Chief.

The executive branch shall construe section 1211, which purports to require the executive branch to undertake certain consultations with foreign governments and follow certain steps in formulating and executing U.S. foreign policy, in a manner consistent with the President's constitutional authorities to conduct the Nation's foreign affairs and to supervise the unitary executive branch.

As is consistent with the principle of statutory construction of giving effect to each of two statutes addressing the same subject whenever they can co-exist, the executive branch shall construe section 130d of title 10, as amended by section 1405 of the Act, which provides further protection against disclosure of certain homeland security information in certain circumstances, as in addition to, and not in derogation of, the broader protection against disclosure of information afforded by section 892 of the Homeland Security Act of 2002 and other law protecting broadly against disclosure of such information.

Note that the text attempts to define certain presidential powers as off limits to congressional limitations. These would be the inherent powers the president claims during times of crisis, like the current war on terror. The question remains, because the Supreme Court has yet to rule on any of this, whether it within the president's authority to define what the inherent powers are and to refuse to carry out a law based on his interpretation of it.

Home School Socialization

Home schooled students are consistently among my best. The home schooling process has been controversial in some quarters because of questions about how well they are socialized. Here are a couple of stories that not only argue that they are socialized well, but perhaps are better socialized than their traditionally schooled compatriots.

2302 TBA Quiz Three Questions

Same rules as the past tests. Two full paragraphs, well written and researched, gets an A. Less gets less.

1. What role does the executive branch play in the American constitutional system? Outline the design of both the United States and Texas executive. What dangers posed by the very existence of an executive? How does each system check executive power? Give examples.

2. What was “king caucus?” How did this system limit the power of the president and how has the current electoral system strengthen it?

3. What are the inherent powers of the president? What controversies exist concerning them? Discuss these in terms of current conflicts concerning surveillance, torture and war in general?

4. As fully as possible, list the various influences the executive has on the legislative process. Use current events to discuss President Bush’s ability to influence legislation.

5. How is the governor’s position within the plural executive different than the president’s position within the singular executive that exists on the national level? How are the other executive officials in Texas removed from the control of the governor? How can the governor try to influence them?

6. Outline how the president’s power has increased over the course of American history. Pay special attention to the New Deal.

7. What is “going public?” How can the president use public opinion to his advantage? How can he not? What are the limits of going public?

8. Contemporary presidential power has been facilitated by the increase in what your book class the “administrative state.” What is it, and how does it increase presidential power?

9. Who are the other members of Texas’ plural executive, what do they do and what conditions their behavior?

10. Using news stories as your guide, and setting personal preferences aside, how might each of the presidential candidates use the powers of the office?

So You Think You Know Who You Want to be President?

Maybe you really don't, though you think you do.

Take the Implicit Association Test. It's a strange exercise, and it tells me that the candidate I'm leaning towards is not the one I react most strongly to.

Signing Statement on Sudan Legislation

Late last year Congress passed and President Bush signed into law, the Sudan Accountability and Divestment Act. The bill makes it easier for mutual funds and private pension fund managers to sell their investments and allows states to prohibit debt financing for companies that do business in Sudan. It also requires companies seeking contracts with the federal government to certify that they are not doing business in Sudan.

Sudan is a mess. Recent political conflict has included efforts to systematically kill off parts of the population. American reaction has been long in coming.

Bush did not initially support the bill, so while signing it, he issued a signing statement: Mr. Bush’s signature was accompanied by a proviso known as a signing statement, in which he said he was reserving the authority to overrule state and local divestment decisions if they conflicted with foreign policy. The statement said the measure “risks being interpreted as insulating” state and local divestment actions from federal oversight.

As stated previously, the president--and his vice-president--believe that presidential authority in foreign affairs has been unduly limited by Congress. The signing statements are his efforts to interpret the Constitution in a way that maintains his power. Some argue though that this is simply a power grab not only in terms of foreign affairs, but in terms of constitutional interpretation.

The statement has been criticized recently. The House Financial Services Committee held hearings on the statements, which the Bush administration refused to participate in.

Tax Rebate Proposal Signed Into Law

It took about three weeks--very fast by congressional standards--but President Bush signed the Economic Stimulus Act into law yesterday.

The package will pay $600 to most individual taxpayers and $1,200 to married taxpayers filing joint returns, so long as they are below income caps of $75,000 for individuals and $150,000 for couples. There is also a $300 per child tax credit.

I'll be getting $1,800. I suppose that I am expected to spend it something--preferable an American made product. Since my kids are going to pay for this eventually I'm thinking about handing it over to them, but they'll just buy a bunch of Chinese made toys. Looks like a Vegas vacation!

Here's the full info about bill passage from Thomas.

Since I'm kicking around research ideas, how about a list of the fastest bills passed through Congress? What factors do they have in common? What impacts the speed of the legislative process?

Why the Partisan Split over Clemens?

I had no plans to post on the Clemens testimony before Congress--though it is an interesteing look at the oversight function of Congress--but then commentators began to notice that Republicans seemed to support Clemens while Democrats seemed to support his accuser.

What's up with that?

Here's an outtake from one source:

Theories abounded over why the sides couldn't see eye to eye.

Richard Emery, one of McNamee's lawyers, said that some Republicans treated his client harshly because of Clemens' friendship with the Bush family. Emery predicted the pitcher will be pardoned by President Bush should Clemens be indicted or convicted of anything related to the hearing.

"It would be the easiest thing in the world for George W. Bush, given the corrupt proclivities of his administration, to say Roger Clemens is an American hero, Roger Clemens helped children," said Emery, an attorney who has worked for liberal causes. "It's my belief they have some reason to believe they can get a pardon."

Not surprisingly, Clemens' camp — and the GOP — saw things differently.

"Richard Emery just has to quit smoking his own dope," said Rusty Hardin, one of Clemens' attorneys.

As for a pardon from a president? "I'm not aware of Mr. Clemens having been charged with anything," White House deputy press secretary Tony Fratto said.

A spokesman for Rep. Darrell Issa of California said the hearing's partisan tone evolved because Republican members felt the hearing was overly focused on Clemens instead of the broader concerns raised in the Mitchell Report on drugs in baseball.

"It's clear Democrats had expected a government-funded, TV show trial, and now they're whining that Republicans didn't want to play," said the spokesman, Frederick Hill. "The hearing was supposed to be about the Mitchell Report. The Democrats are at fault for focusing on individual wrongdoing instead of the validity of the Mitchell Report."

Any better ideas out there? One commentator pointed out that high profile athletes that become politicians after their careers end tend to be Republican. Maybe that has something to do with it, but why are they more likely to be Republican? There's a research question for you.

Here is a link to the committee page devoted to the hearings.

Federalism, Civil Liberties and Sex Toys

Got you attention didn't I? Who says federalism can't be fun?

The US 5th Circuit court, by a 2-1 vote, overturned a Texas law banning the promotion or sale of sex toys. The individual's right to privacy against governmental interference is now applied to . . . well you know. Note the the 14th amendment makes a loose 1st amendment liberty apply to the state.

Here's Wapo's coverage--note the comments.

Here is a link to the actual opinion--we might want to cover this more in 2301 when we discuiss civil liberties.

Are Americans Hostile to Knowledge?

In my experience, yes. Most students seek confirmation of preexisting beliefs, not exposure to new ideas.

Susan Jacoby writes about the phenomenon and the New York Times gives it a review.

More Checks and Balances

In order to thwart efforts to investigate the firings of lawyers in the Justice Department, the Bush Administration prevented two officials, Josh Bolten and Harriet Miers, from testifying, citing executive privilege. House leaders have not accepted that rationale and are calling for a Contempt of Congress vote. The precise punishment is up in the air.

Here's the wikipedia entry on contempt of congress.

Superdelegates

The close contest between Clinton and Obama has brought to light the existence of superdelegates and the role they play in the party nomination process. Most delegates are committed to candidates and that commitment is based on the percentage of the vote a candidate received in a state party's primary (Democrats use proportional representation, Republicans tend to use winner take all rules).

Since this removes the selection completely from party leaders, the Demcratic establishment created superdelegates sometime ago to give them influence in the process. The superdelegates are party leaders, often members of Congress or state legislatures. In recent elections, one candidate has earned enough support to make the superdelegates insignificant, but not this year.
The question now becomes, what should drive the superdelegates' votes? Should they respect the decision of the people and vote for whichever candidate received the most votes or make a decision based on either their own convictions or for whichever candidate they believe is most likely to win?

Here are some recent news stories and opinions on the subject.

Superdelegates: Why They Matter.
Q and A on the subject.
The Superdelegates' dilemma.

This will only get more heated.

Texas Matters

For the first time in recent memory, a presidential vote in Texas matters. Recent successes by Obama have led the Clinton campaign to call Texas and Ohio must wins.

“She has to win both Ohio and Texas comfortably, or she’s out,” said one superdelegate who has endorsed Mrs. Clinton, and who spoke on condition of anonymity to share a candid assessment. “The campaign is starting to come to terms with that.” Campaign advisers, also speaking privately in order to speak plainly, confirmed this view.

The primaries will be held March 4.

Goals and Objectives for Quiz 3 - 2301 and 2302

Here's what's on tap for the next two weeks.

GOVT 2301

Readings: AG: Chapter 2 and 3; PTP: Chapter 2 and 3

Goals and Objectives. If you do your readings and pay attention in class, by the end of next week you will know:

-The nature of the amendments, both those in the Bill of Rights and the remainder
-The purpose and consequences of the 10^th Amendment
-The basic design of the Texas Constitution
-The nature of the reserved powers: police, taxing, proprietary and eminent domain
-The specialized functions of each level of government
-The factors leading to the gradual increase of the national government
-Contemporary areas of conflict between the state and national governments
-The role of the Supreme Court in defining the division between national and state powers.

GOVT 2302

Readings: AG: Chapter 6; PTP: Chapter 8

Goals and Objectives. If you do your readings and pay attention in class, by the end of next week you will know:

-The concerns regarding the design of the presidency and the Texas governor
-The constitutional role of the president
-The expressed, delegated and inherent powers of the president
-The ability of the president to check, and be checked by, the other two institutions
-The factors leading to an increase in presidential power, notably the New Deal and the Great Society
-The institutions that provide the president power
-The nature of the president’s control over the bureaucracy
-Limits on the governor’s power
-Factors enabling the governor to exercise power

Conversion

A recent story in the New York Times touches on conflict between religious denominations. Pope Benedict XVI has unnerved some Jewish leaders by restoring a Good Friday prayer that calls for Jews to convert to Christianity. They argue that years of efforts at establishing a strong bond between the two organizations might now be in jeopardy.

Of course all this comes down to words and their impact. Which reminds me that one of the forgotten reasons why some argued that the Ten Commandments ought not be displayed in government buildings is that Catholics, Jews and Protestants have their own versions of the document. When government makes a choice between one of the versions, isn't it making a subtle choice among the religions thereby giving it priority? Does that bias government in favor of that religion? Does this make the rights and liberties of other religions tenuous?

In my opinion, this is part of the justification of the republican system as argued in Federalist #10: The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source.

Discuss.

Just the Facts

Politifact.com has something they call the truth-o-meter which they use to evaluate the truth behind the various claims and statement made by and about the presidential candidate. Check out the pants-on-fire section.

You should also take a look at FactCheck.org

Another Sign of Realignment

For the first time since 1960, a sitting U.S. Senator is posed to win the presidency. Most recent presidents have been governors, which has been taken to be an indication that the electorate supports the small government, state rights position that conservatives have stood for.

Maybe this is no longer the case, which argues for a realignment of sorts, but this point is tempered by the fact that the Senators are from both parties. Of course, McCain has not been embraced by conservatives, so that still tells us that something is up.

The Expanding Executive

Are we creeping towards authoritarianism?

Visions of the Presidency

Sean Wilentz asks the only important question that can be asked of any presidential candidate: What is your vision of the presidency? What role should the president play in the governing process?

Presidencies fall into one of three categories, he claims. strong presidents, advisor presidents and engineers presidents. Should a president take charge, delegate, or be a technocrat? The public will have to decide which is necessary at this moment and determine which of the remaining candidates fits the mold.

This assumes that the question will be posed and that clear answers will be provided. Too often candidates make statements regarding powers that belong to the other branches. It's no wonder students have little understanding of the true nature of constitutional powers.

Pity that Wilentz doesn't go further in his analysis.

Make It Flake

This is a first as far as I know. A member of the House of Representatives--Arizona's Jeff Flake--has started a website promoting his attempt to be placed on the Appropriations Committee.

The Obligatory Super Tuesday Post

Here are a few belated links regarding the results of the primaries held last Tuesday.

The Washington Post and the New York Times both have pages devoted to the actual results of the different races. Clinton won a small number of delegates more than Obama, but they are basically tied. McCain did so well that Romney bowed out today. No disrespecting Huckabee, but McCain is going to win the Republican nomination.

And there is the predictable commentary. Eleanor Clift can't decide between Clinton or Obama, but thinks they can both beat McCain. Morton Kondrake points out that 5 million more Democrats than Republicans voted--which doesn't bode well for the GOP in November if they can't mobilize voters. Thomas Lifson adds to the mounting pile of articles detailing McCain's rift with the conservative base.

There's much more if you have the stomach for it.

The Last World War One Veteran

His name is Frank Buckles. Once he is gone, no one in the U.S. will have any first hand knowledge of the war. With him will go an entire generational viewpoint that once dominated American society. These things happen.

The 2009 U.S. Budget

The President began the 2009 budgetary process by introducing his proposed budget. The actual process has been underway as his agencies send him their proposed budgets. Now it goes to the budget committees in the House and Senate.

Here is a lengthy overview of the process. This link takes you to a variety of budgetary documents. Theres no good way to briefly summarize the process.

Here is coverage from the New York Times.

Hillary Haters

Its a curious obsession says Stanley Fish. Two quotes from his article:

"In the January issue of GQ, Jason Horowitz described the world of Hillary haters, many of whom he has interviewed. Horowitz finds that the hostile characterizations of Clinton do not add up to a coherent account of her hatefulness. She is vilified for being a feminist and for not being one, for being an extreme leftist and for being a “warmongering hawk,” for being godless and for being “frighteningly fundamentalist,” for being the victim of her husband’s peccadilloes and for enabling them. “She is,” Horowitz concludes, “an empty vessel into which [her detractors] can pour everything they detest.” (In this she is the counterpart of George W. Bush, who serves much the same function for many liberals.)"

"...there is an “inexhaustible fertile market of Clinton hostility,” but that “the search for a unifying theory of what drives Hillary’s most fanatical opponents is a futile one.” The reason is that nothing drives it; it is that most sought-after thing, a self-replenishing, perpetual-energy machine."

Note the comparison with George Bush. He is also the focus of indiscriminate rage by a passionate fringe. It's a mind set that helps people frame the political world in a way that makes sense to them, but perhaps with little basis in reality. Is it healthy for democracy? Is it an inevitable by-product of the internet age?

The Texas Legislature Loves Business

Expansion Management Magazine says so and they have a study (the Legislative Quotient) to prove it. Here's a related story from a Midland newspaper.

Tax Relief Stalls in the Senate

As expected, the tax relief bill that raced through the House is stalling in the Senate. This is partly
due to an attempt by Democratic leaders to craft a bill that will simultaneously cause Republican Senators, who they consider vulnerable in the upcoming election, to vote against it and provide an issue for Democratic challengers to use against them. This is how politics interferes with policy of course, but its how the game is played.

In order to ensure that the bill will pass in a timely fashion, a cloture vote passed today that will limit the amount of time that can be spent debating the bill on the floor of the Senate. We will follow it and see what passes and when.

By the way, some noted economists have come out against the tax stimulus plan. This will be useful to cover in 2302 when we cover economics policy.

Borris Miles

The freshman representative from Houston's 146th district has been in the news recently. Note the story's focus on his decision to run for office being based on his belief that the incumbent--Al Edwards--was no longer providing constituency service.

Also note the unusual nature of the district--it has a very wealthy component and a poor component--Meyerland and the Third Ward. This makes delegatory representation more difficult than a state house seat should allow. My initial speculation--unfounded--is that the district was gerrymandered by Republicans in the legislature to pack in Democrats.

A Coming Realignment?

Confusion over the current slate of presidential candidates and the current mood of the electorate has led some to speculate that a partisan relaignment of sorts is underway. Here's one man's take.

Loyalty Rangers

Here's a bit of history involving the Texas Rangers I was not familiar with. They apparently ran amok on the Texas Mexico border for a few years.

Tyranny of the Majority

As my 2301's get set to read through Federalist #10 we have remember the problems that can result from the decisions democratic systems allow.

2302 TBA Quiz Two Questions

Like the questions for the first quiz, I expect at least two full paragraphs for each question. You will note that some will require some research. Simple Google searches will give you the information you need to answer the questions.

1. What is a delegate? Which legislative institution is designed to represent like delegates? Using current news events, provide an example of delegatory representation.

2. What is a trustee? Which legislative institution is designed to represent like trustees? Using current news events, provide an example of trustee representation.

3. Article One Section Eight of the Constitution lists the powers of Congress. The American Government textbook says that the executive branch has intruded on some of these powers recently. Give a current example. Explain the nature of the conflict.

4. It is argued that one of the reasons why incumbents tend to be elected at such high rates is due to their ability to provide pork barrel projects, patronage, and casework for their constituents. Find out who your U.S. House Representative is and what specific things he or she is able to do to enhance the chances of re-election.

5. Who is the Speaker of the U.S. House? Outline the nature of his or her power.

6. Who is the Speaker of the Texas House? Outline the nature of his or her power.

7. Outline the differences in the bill making process in the U.S. House and Senate. Which os more organized and which is more loose and why?

8. What are the factors which lead to party line voting in the U.S. House and Senate?

9. Why are parties less strong in the Texas Legislature than in the U.S. Congress? Where does power lie and why?

10. Outline the similarities and difference in the constitutional design of the Texas and U.S. legislative branches.

What Can Presidents Do?

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

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

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

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

That's why we have this class I suppose.

SOTUS 2008

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

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

Looking Back on the Nuclear Option

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

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

TAx Rebate Proposal Passes House

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

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

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

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

Vital Questions of the Day, Part One

Can a Sandwich Be Slandered?

The State of the Harris County GOP

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

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

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

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

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

Goals and Objectives for Quiz 2 2301 and 2302

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

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

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

Allow Me to Brag

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

New Link: The Living Room Candidate

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

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

. . . a more inclusive conservatism

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

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

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

Executive Action on the Economy

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

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

2302 TBA Quiz One Questions

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

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

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

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

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

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

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

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

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

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

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

Are Federal Taxes Constitutional?

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

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

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

2302 Quiz 1 Spring 2008

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

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

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

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

Priming the Pump

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

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

How Voters Think

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

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

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

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

It's Good to be on the Texas Supreme Court

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

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

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

2301 Quiz 1 Spring 2008

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

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

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

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

Push Poll Watch

The Huckabee camp is apparently using push polls against McCain.

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

This is an old tactic that worked before.

Stupid, but Constitutional

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

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

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

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

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

Virginia v. Moore

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

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

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

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

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

How Can You Confront a Dead Witness?

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

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

Voter ID Laws

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

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

The Washington Post adds:

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

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

The New Deal Coalition?

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

Why the Polls got it Wrong

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

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

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

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

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

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

On Huckabee and Economic Populism

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

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

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

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

Clinton, McCain

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

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

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

Electronic Voting Machines

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

Obama is the New Reagan

So says Andrew Sullivan.

Iowa Caucus Links

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

Iowa Caucus 2008
IowaCaucus.com
Iowa Caucus - Wikipedia

3 Week Mini

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

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

TBA Finals

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

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

Final 2301 TBA

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

You may want to think of the following:

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

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

500 word minimum.

Final 2302 TBA

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

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

500 word minimum.

A Meritocratic Corporacy

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

Volunteer / Extra Credit Opportunity

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

Give him a call at 281-996-8017

On Government and Marriage

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

Was this expansion unwarranted?

Thought Crimes

A thought crime bill is introduced in Congress.

Anti Dynastic Amendment

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

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

Layoffs at the Chron

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

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

The Alternative Minimum Tax

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

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

Review for 2302 Test 4

Terms, concepts etc...

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

Review for 2301 Test Four

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

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

The Growing Gap in Wealth and Income

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

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

Push Polling Edwards and Romney

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

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

Private Property and Socialism

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

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

Can the FBI do Counterterrorism?

Federal Judge Richard Posner argues that they cannot.

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

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

TCC

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

ADHD: Real or Made Up?

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

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

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

So what's the big deal?

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

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

How about restless leg syndrome? Whats with that?

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

The Trade Off

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

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

This is still unresolved in my opinion.

The Political Impact of the Internet

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

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

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

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

The Southern Stragegy

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

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

It's a good overview of racial politics.

Barry Bonds Indicted

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

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

Grand Juries

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

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

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

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

Good opportunity for community service.

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

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

Lawyers Hit the Streets

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

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

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

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

The Mukasey Nomination

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

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

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

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

You can link to Senate testimony here and here.

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

Volunteer Opportunity: Dean Hrbacek, 22nd Congressional District

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

The contact person is Drew Larson.

Tests Postponed

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

Money Follows Power

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

Veto Overridden

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

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

What a Liberal Decision Looks Like

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

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

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

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

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

On Constitutional War Powers

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

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

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

143 Years Ago Today

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

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

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

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

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

Imagine that being done today. His reputation is deserved.

Should Students be paid to Perform Well?

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

Attention TBA's

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

Ron Paul Rakes It In

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

Here's one explanation of what's underway.

Dork Alert

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

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

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

Where's Dan Patrick?

Drink Up!

Both alcohol proposals pass in Brazoria County.

Here are local results from the chron.

Statewide results from the Texas Secretary of State.

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

Not bad.

So You're Being Investigated By Congress . . .

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

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

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

Here are names pulled from the article:

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

Lobbyists: Paul Behrends.

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

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

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

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