From Article 3 in the Texas Constitution

Sec. 56. PROHIBITED LOCAL AND SPECIAL LAWS. (a) The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law, authorizing:

(1) the creation, extension or impairing of liens;

(2) regulating the affairs of counties, cities, towns, wards or school districts;

(3) changing the names of persons or places;

(4) changing the venue in civil or criminal cases;

(5) authorizing the laying out, opening, altering or maintaining of roads, highways, streets or alleys;

(6) relating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other State;

(7) vacating roads, town plats, streets or alleys;

(8) relating to cemeteries, grave-yards or public grounds not of the State;

(9) authorizing the adoption or legitimation of children;

(10) locating or changing county seats;

(11) incorporating cities, towns or villages, or changing their charters;

(12) for the opening and conducting of elections, or fixing or changing the places of voting;

(13) granting divorces;

(14) creating offices, or prescribing the powers and duties of officers, in counties, cities, towns, election or school districts;

(15) changing the law of descent or succession;

(16) regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators or other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate;

(17) regulating the fees, or extending the powers and duties of aldermen, justices of the peace, magistrates or constables;

(18) regulating the management of public schools, the building or repairing of school houses, and the raising of money for such purposes;

(19) fixing the rate of interest;

(20) affecting the estates of minors, or persons under disability;

(21) remitting fines, penalties and forfeitures, and refunding moneys legally paid into the treasury;

(22) exempting property from taxation;

(23) regulating labor, trade, mining and manufacturing;

(24) declaring any named person of age;

(25) extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due performance of his official duties, or his securities from liability;

(26) giving effect to informal or invalid wills or deeds;

(27) summoning or empanelling grand or petit juries;

(28) for limitation of civil or criminal actions;

(29) for incorporating railroads or other works of internal improvements; or

(30) relieving or discharging any person or set of persons from the performance of any public duty or service imposed by general law.

For Federalism - Statutory Code

- US Code.
- Texas Code.
- Houston Code of Ordinances.

Separation of Powers and Checks and Balances: Crash Course Government an...

From Governing: The End of Local Laws? War on Cities Intensifies in Texas

From 2017, but still revenant.

- Click here for the article. 

. . . clashes, particularly between liberal cities and conservative states, are increasingly common throughout the country, in part because Republicans have a historically high level of control over state governments.

But in Texas, Abbott now suggests that instead of spending time and money battling these issues individually, the state should issue a “ban across the board” on municipal regulations.

“One strategy would be for the state of Texas to take a ‘rifle shot after rifle shot after rifle shot’ approach to try to override all these local regulations,” Abbott explained to the conservative audience last month. “I think it would be far simpler, and frankly easier for those of you who have to run your lives and your businesses on a daily basis, if the state of Texas adopted an overriding policy to create certain standards that must be met.”

The governor has not laid out many more details on how that approach would work, and his press office referred back to his remarks.

But one possibility, says Bennett Sandlin, executive director of the Texas Municipal League, is that the state could strip all 352 home-rule cities, which are free to enact regulations as long as they don’t expressly conflict with state law, of their home-rule powers. They would then be treated as general-rule cities, which are usually small and can regulate only areas the state specifically gives them permission to oversee.

Thanks to U.S. Supreme Court rulings in the early 1900s, states have broad authority to decide what powers to grant to municipalities. Texas is one of 39 states to follow the so-called "Dillon's Rule" for at least some of its local governments. The rule makes clear that municipalities are subordinate to state government.

The Texas constitution also specifies that even home-rule cities can't pass ordinances that contradict state law. In other words, cities wouldn't have much recourse if Texas decided to preempt their powers.

For next week in 2305: The Supreme Court and Federalism

Click here for some of the cases we will review. More to come.

- Historic Supreme Court Cases.
- Bill of Rights Institute.

From the Texas Tribune: Texas Senate changes rules so Republicans can still bring bills to floor without Democratic support

A look at process nd how it can be manipulated.

- Click here for the article.

The Texas Senate on Wednesday approved a fundamental alteration of its rules, ending the minority party’s ability to block legislation it unanimously opposes in the Republican-controlled upper chamber.

In a 18-13 vote, lawmakers voted to lower the threshold of support that legislation needs to make it onto the Senate floor. In past sessions, the Senate required a three-fifths supermajority, or 19 votes, to bring legislation to the floor. But after the defeat of Sen. Pete Flores, R-Pleasanton, reduced the number of Republicans from 19 to 18, lawmakers lowered the threshold to 18 members — a move Lt. Gov. Dan Patrick had been pushing for.

Passage of the rule required a simple majority — or 16 members. State Sen. Paul Bettencourt, R-Houston, tweeted that the resolution passed on a party-line vote.

Republicans on the floor hailed the move. Patrick, who presides over the Senate, first floated the idea of lowering the threshold last January, later contending in December that the 2020 election proved voters support conservative candidates and that he planned on “moving a conservative agenda forward.”

Lake Jackson: Company Town

For 2306 and our occasional look at the development of local cities. 

- Wikipedia: Lake Jackson.

. . . In 1942 a portion of Lake Jackson was first developed as a company town for workers of the Dow Chemical Company; it developed 5,000 acres on the former Abner Jackson Plantation. An oxbow lake was also named after the planter, whose house was located at the lake. Minor ruins of the Lake Jackson Plantation can now be seen in a park at the site.

The city was built in the early 1940s as a planned community, designed by Alden B. Dow of Midland, Michigan for workers in support of a new plant of the Dow Chemical Company, which his father owned. The City of Lake Jackson was incorporated March 14, 1944, and voted for home rule ten years later in 1954.

From the Texas Tribune: With a stalled court system, some Texas jails are dangerously overcrowded in the pandemic

An example of federalism.

- Click here for the article.

The pandemic has stalled much of the Texas criminal justice system. State prisons stopped accepting new inmates for several months last year, and most counties have not held a single criminal jury trial since last March. But while many defendants are stuck in a county lockup waiting for a repeatedly delayed court date, crime still occurs and police continue to make arrests. The result: Numerous county jails are running out of room.

"There are quite a few counties that are having to contend with population issues," said Brandon Wood, executive director of the Texas Commission on Jail Standards. “All along we knew that the speed at which the courts were operating would eventually create another issue, and it’s starting to have that impact.” As the coronavirus continues to kill thousands across the state, overcrowding in Texas jails has spurred alarm in several counties. A lack of space has prevented some jail officials from safely distancing inmates — most of whom have not been convicted of a crime — or quarantining new arrivals who may have been exposed to the virus.

Mentioned in the article: 

- criminal justice
- counties.
- Texas Commission on Jail Standards
- Texas jails
- Hidalgo County
- Harris County
- sheriff
- judges
- prosecutors
- defense attorneys
- Dallas County Commissioner
- bond reduction hearings
- federal court ruling 
- low level crimes
- defendants
- district attorney
- public safety
- civil rights
- grand juries
- indictment
- arrests
- jury trials

For 2306 today

The Texas Legislature Online: Texas Constitution. 
Tarleton Law Library: Texas Constitutions 1824 - 1876.
Texas Legislative Reference Library: Constitutional Amendments.

For 2305 - Two stories that touch on national constitutional issues

Roll Call: Census Bureau: Apportionment data not expected until April.

The Census Bureau does not expect to deliver apportionment results until the end of April, an agency official told state legislators during a conference Wednesday. 

Kathleen Styles, the agency’s head of decennial communications and stakeholder relations, told the National Conference of State Legislatures that census officials are still tabulating results from the 2020 enumeration — weeding out duplicate responses and finding people who did not respond on their own. In the best-case scenario, she said states should not expect data used to divvy up House seats until the end of March, at the very earliest.

“The worst thing that we could do would be delivering data that had question marks with it, we need to give you the best data that we can,” Styles said.

Last year, Census staff identified problems with close to one million records that could result in the over or undercounting of thousands of people. Styles said those anomalies were not unusual compared to past decennial counts but still take time to fix.

The delay in delivering apportionment figures would line up with the Census Bureau’s original request last year for a statutory deadline extension following numerous delays due to the coronavirus pandemic. Census officials recently told a federal judge the data could not be delivered before the beginning of March.

Texas Tribune: Texas National Guard teams will vaccinate residents for COVID-19 in five rural counties, Gov. Greg Abbott announces.

Starting Thursday, state mobile vaccination teams staffed by Texas National Guard members will be deployed to five rural Texas counties to administer coronavirus vaccines to qualified residents.

National Guard teams will visit DeWitt, Marion, Real, Sherman and Starr counties as part of a newly created State Mobile Vaccine Pilot Program announced by Gov. Greg Abbott on Wednesday. The program aims to help vaccinate homebound Texans, Texans 65 years of age and older and other communities in need, according to a press release from Abbott and the Texas Division of Emergency Management.

On Wednesday, President Biden ordered full reimbursement to states that use the National Guard to increase the pace of vaccinations nationally. Part of Biden’s vaccination plan includes deploying FEMA and National Guard resources to reach a goal of 100 million doses administered in 100 days nationwide.

Though Texas became the first state to administer 1 million doses to residents, the state’s rural regions have been slower to vaccinate residents after rollout and distribution issues.

From the Texas Tribune: Point of Order: Funding Texas schools during a pandemic

 - Click here for the article.

Today in 2305 - ACC

- Declaration of Independence, July 4, 1776.

- Articles of Confederation : March 1, 1781.

From The American Partnership: State and Local Political Culture

For both 2305 and 2306

A look at political culture across the US

- Click here for it.

What is political culture: "the particular pattern of orientation to political action"

There are three types

- Individualistic
- Moralistic
- Traditionalistic

The individualistic political culture sees politics as a marketplace of competing individual interests who use the political system to better their own causes. Politicians and citizens are not interested in achieving a “good society” or furthering the common good, rather they are focused on private concerns. Political innovation is only undertaken if there is a public demand for services, at which point politicians will advocate for new policies to achieve electoral success and reap the spoils of office. Consequently the individualistic political culture is not issue driven, rather it is based on strong parties built on patronage and constituent service. Since the goal of politics is to distribute payoffs to supporters, there is a high tolerance for corruption in the individualistic culture. Politics in the individualistic political culture is a dirty business that is best left to the professionals and citizens are not encouraged to participate in governmental activities except to vote.

The moralistic culture believes that collective action through politics is the highest calling and that participation in politics and the betterment of the greater good are the objectives of government. Political activities revolve around the community as opposed to individual enrichment and as a consequence, intervention into private activities is acceptable if it furthers a public good. Issues take precedence in the moralistic culture. Consequently, politicians are willing to initiate new solutions to policy problems even if there is no immediate electoral payoff. Political parties are secondary and there is a proclivity towards non-partisan solutions. Further, the emphasis on creating a good society precludes patronage politics and eschews corruption. Politics is clean and discourse is on the merits of issues rather than who will receive the spoils of office. Finally, participation in politics is both widespread and expected as a duty of citizenship. Moralistic states are more likely than others to offer citizens the opportunity to participate in politics through direct democracy.

Finally, governments in the traditionalistic culture are designed to preserve the status quo and benefit elites. Power within this political culture is held by a limited group of wealthy landholders and business families that rule through their own elitist conceptions of the common good. Political participation by non-elites is discouraged and voter turnout is low in traditionalistic states. Only those who belong to the privileged classes through their social status are welcomed into the political realm. Party competition is generally non-existent in the traditionalist system. However, the dominant political party typically has a number of intra-party factions that compete with each other for power. The competition is rarely based on issues since elected officials are immune to electoral pressure and the elites have a consensual position on public policy.

From Wikipedia: Federal lands

 

- Click here for the article.

Federal lands are lands in the United States owned by the federal government. Pursuant to the Property Clause of the United States Constitution (Article 4, section 3, clause 2), the Congress has the power to retain, buy, sell, and regulate federal lands, such as by limiting cattle grazing on them. These powers have been recognized in a long line of U.S. Supreme Court decisions.

The federal government owns about 640 million acres of land in the United States, about 28% of the total land area of 2.27 billion acres. The majority of federal lands (610.1 million acres in 2015) are administered by the Bureau of Land Management (BLM), U.S. Fish and Wildlife Service (FWS), National Park Service (NPS), or U.S. Forest Service (FS). BLM, FWS, and NPS are part of the U.S. Department of the Interior, while the Forest Service is part of the U.S. Department of Agriculture. An additional 11.4 million acres of land (about 2% of all federal land) is owned by the U.S. Department of Defense (DOD). The majority of federal lands are located in Alaska and the Western states

Territorial History of the USA: Every Month for 400 Years

One of my favorite videos ever.

Texas Can Divide Itself into Five States?

 yup

- For More Than 150 Years, Texas Has Had the Power to Secede…From Itself.
- The Five States of Texas.

Why Texas can Divide Itself into Five New States...

Here ya go!

From NBC: Supreme Court wipes out lower court rulings in Texas abortion battle

An example of federalism: 

- Click here for the article. 

The Supreme Court handed a victory to advocates of abortion rights Monday, wiping off the books lower court rulings that had upheld a Texas order banning nearly all abortions in the state during the coronavirus pandemic.

Gov. Greg Abbott ordered a halt to nonessential medical procedures in late March to conserve hospital resources and personal protective equipment. Attorney General Ken Paxton then said the order applied to "any type of abortions," including medication abortions that do not involve surgery.

A federal judge in Texas declared the order too broad and lifted the ban. But the 5th U.S. Circuit Court of Appeals in New Orleans restored it. In public health emergencies, the appeals court said, a state can restrict constitutional rights, including "one's right to peaceably assemble, to publicly worship, to travel, and even to leave one's home," adding: "The right to abortion is no exception."

From Roll Call: Biden won’t ‘cherry pick’ parts of his $1.9 trillion coronavirus aid plan

Possibly the first major legislation of the Biden era

- Click here for the article. 

President Joe Biden suggested Monday he was prepared to give Republicans a "couple weeks" to reach a bipartisan deal on a coronavirus aid package before triggering the budget reconciliation process to skirt GOP opposition.

Facing a key governance test in his fledgling presidency, Biden made clear he hoped to rally bipartisan support for his $1.9 trillion pandemic relief plan. But he also held out the prospect of resorting to a more partisan approach: a reconciliation tool that avoids the risk of a Senate filibuster.

“The decision to use reconciliation will depend upon how these negotiations go,” Biden told reporters at the White House. “I don't expect we'll know whether we have an agreement — and to what extent the entire package will be able to pass or not pass — until we get right down to the very end of this process, which will be probably in a couple weeks.”

The president’s comments came one day after his National Economic Council director, Brian Deese, held a conference call with a centrist group of 16 senators from both parties to gauge support for a bipartisan deal. Republicans have expressed unease with the size of Biden’s package and some of its provisions, such as a push to more than double the federal minimum wage.

The White House insisted it was willing to negotiate with Republicans in coming weeks. “We don't expect the final bill to look exactly the same as the first bill he proposed,” spokeswoman Jen Psaki told reporters at her daily briefing.

What is "budget reconciliation?"

From the House Committee on the Budget: Budget Reconciliation: The Basics.

From Wikipedia: Budget Reconciliation. 

Reconciliation is a legislative process of the United States Congress that expedites the passage of certain budgetary legislation in the United States Senate. The Senate filibuster effectively requires a 60-vote super-majority for the passage of most legislation in the Senate, but reconciliation provides a process to prevent the use of the filibuster and thereby allow the passage of a bill with simple majority support in the Senate. The reconciliation procedure also exists in the United States House of Representatives, but reconciliation has had a less significant impact on that body.

Reconciliation bills can be passed on spending, revenue, and the federal debt limit, and the Senate can pass one bill per year affecting each subject. Congress can thus pass a maximum of three reconciliation bills per year, though in practice it has often passed a single reconciliation bill affecting both spending and revenue

Are there limits to free speech on social media?

Could they even be enforced? 

For my HCC GOVT 2305 class to ponder. 

Some help: 

- Congressional Research Service: Free Speech and the Regulation of Social Media Content.
- Talks on Law: Does the First Amendment Apply to Social Media Companies?
- MIT Technology Review: Users, not tech executives, should decide what constitutes free speech online.
- ABA Journal: Free speech or censorship? Social media litigation is a hot legal battleground.
- Wired: The Parler Bans Open a New Front in the 'Free Speech' Wars.

From the Texas Tribune: Ken Paxton files lawsuit challenging Biden administration’s pause on deportations

For next week's GOVT 2305 written assignment

Conflict between Texas government and the Biden Administration begins.

- Click here for the entry.

Three days into the Biden administration, Texas Attorney General Ken Paxton has filed his first lawsuit against the federal government. The lawsuit seeks an halt to one of the president's executive actions on immigration, a 100-day pause on some deportations.

The moratorium, issued the same day as the presidential inauguration, was one of a flurry of early executive actions from the new administration. It is part of a review and reset of enforcement policies within Customs and Border Protection, Immigration and Customs Enforcement, and the U.S. Citizenship and Immigration Services agencies as the Biden administration "develops its final priorities," according to a statement from the Department of Homeland Security.

Paxton said the moratorium violates the U.S. Constitution and various federal and administrative laws, as well as an agreement between Texas and DHS.

“When DHS fails to remove illegal aliens in compliance with federal law, Texas faces significant costs,” reads the complaint, which was filed in federal court in the U.S. Southern District of Texas. “A higher number of illegal aliens in Texas leads to budgetary harms, including higher education and healthcare costs.”

On Friday afternoon, federal Judge Drew Tipton heard arguments on the state’s request for a temporary restraining order to prevent the moratorium until the case moves ahead. Tipton, a Trump appointee who took the bench in 2020, did not say when he’d rule but noted that the policy was scheduled to begin Friday.

The filing also alleges various other violations, including against posting-and-comment rules, as well as failure to ensure laws are "faithfully executed." In a statement, a spokesperson for the Department of Homeland Security said they were "not able to comment on pending litigation."

- Click here for the lawsuit.

Relevant Terms: 

- Biden Administration
- Texas Attorney General
- Ken Paxton
- lawsuit
- federal government
- executive actions
- immigration
- moratorium
- enforcement policies
- Department of Homeland Security
- Customs and Border Protection, Immigration and Customs Enforcement
- U.S. Citizenship and Immigration
- U.S. Constitution
- federal and administrative laws
- federal court
- Federal Judge Drew Tipton.
- temporary restraining order.
- faithfully executed
- aggravated felony
- federal immigration law.
- Obama-era Priority Enforcement Program
- federal, state and local agencies
- Deferred Action for Childhood Arrivals
- U.S. Supreme Court

From the Texas Tribune: Internet and phone services in rural Texas threatened as state slashes subsidies for providers

For next week's GOVT 2306 written assignment

- Click here for it.

More than a million Texas households are in rural areas where network phone service is more expensive to provide, with fewer customers and longer distances between them. Broadband internet service is not subsidized but is often provided on those same lines. Normally, the state reimburses telecommunication companies for providing service in these areas through the Texas Universal Service Fund. But for the past five years, the fund has been bleeding money.

The situation reached a head this month when the Public Utility Commission of Texas, which oversees the fund through a neutral third party, said it could only reimburse the telecommunication companies for 30% to 40% of their service costs.

The ongoing funding issues have forced some companies to stop building out networks for new customers. It’s also affected their ability to maintain service lines, said Rusty Moore, president of the Texas Telephone Association and CEO of Big Bend Telephone Co. Other, smaller companies could go bankrupt soon, Moore said.

“These are critical infrastructure networks,” Moore said. “911 could be threatened. All emergency services along the borders — for Big Bend, we serve quite a bit of border security — the mechanisms, the investments in the networks that we’re able to make are truly in jeopardy, immediately. And we are already seeing that reduction.”

Moore’s company usually receives around $300,000 a month from the state fund, but it only received $100,000 for the last monthly payment.

Last year, the Public Utility Commission projected that the Universal Service Fund could run out of money by December 2020. Money flows into the fund from a 3.3% assessment, or tax, on voice calls. But a shift to internet-based phones has decreased the number of voice calls, depleting the fund.

Relevant terms

broadband internet
telecommunications
public goods
social goods
rural Texas
subsidies
Texas Universal Service Fund
Public Utility Commission of Texas
Texas Telephone Association
Big Bend Telephone Company
assessment
tax
lawsuits

Comanche War Raids | Short Native American Documentary

For our look at the settlement of Texas

For GOVT 2305 1/25

A few things to go over this week: 

Some selected terms from Chapter One: 

- Ideology
- Conservative
- Liberal
- Equality
- Freedom
- Individualism
- Collectivism
- Social Democracy
- Institutions
- Democracy
- Republic
- Referendum
- Self-Rule

Chapter 2:

Link: U.S. Constitution.
- Federalism
- Confederal
- Unitary
- Electoral College
- Slavery
- Classical Republicanism
- Bill of Rights
- Pragmatism

The Biennial Budget Estimate

 - Click here for it.

What is the purpose of the biennial revenue estimate?
|
The Texas Comptroller provides the Biennial Revenue Estimate (BRE) at the beginning of every regular legislative session. The estimate outlines how much state revenue is available for lawmakers to spend on programs for Texans through the 2020-21 biennium.

From the Texas Tribune: Texas House and Senate propose similar spending amounts in preliminary budgets

 A look at the current budgeting process for the state.

- Click here for the article.  

Texas leaders in the state House and Senate have each proposed budgets that spend $119.7 billion in general revenue for the next two fiscal years, signifying notable agreement on the top lines as lawmakers try to draft a state spending plan while they confront the coronavirus pandemic.

The proposals from the two chambers, issued first on Thursday by the Senate and then by the House, are about $7 billion over the amount of general revenue Comptroller Glenn Hegar said lawmakers have to spend during the session.

State lawmakers are required to pass a balanced budget, meaning they will have to either cut down that spending later in the budgeting process, delay spending on certain items until a later budget cycle or tap into the state’s rainy day fund to pay for some of its expenses, among other accounting maneuvers budget writers could use.

Hegar last week estimated the state’s general revenue at $112.5 billion for the 2022 and 2023 fiscal years, but cautioned lawmakers that his projection was “clouded in uncertainty,” as the coronavirus pandemic continues to upend daily life.

Legislative Reference Library: Budget  Process. 

For GOVT 2306 - 1/25

Stuff for this week

Review the US Constitution 
- Special focus on the role of the states
- Link to the current US Constitution

Chapter One: 
- Political Culture
- - individualistic
- -  moralistic
- - traditionalistic
- The evolution of Texas and Texas Constitutions

Chapter Two: 
- Link to the current Texas  Constitutions.
- Texas Constitution
- - structure
- confederal system
- unitary system
- federal systems
- popular sovereignty
- enumerated powers
- implied powers
- concurrent powers
- prohibited powers
- reserved powers
- supremacy clause
- privileges and immunities
- dual federalism
- cooperative federalism
- devolution
- fiscal federalism
- grants
- unfunded mandates

How Hitler Gained Absolute Power In Germany | Impossible Peace | Timeline

According to Jefferson, an educated population should have been able to figure out what Hitler wanted to do, and how he would do it. And they'd be able to prevent it. 

At some points. let's walk through the steps he took to consolidate power.

Legislative Reference Library of Texas: Current Issues and Public Policy Resources.

- Current Issues.

- Public Policy Resources.

The Legislative Reference Library of Texas: Texas State Budget

 The steps taken to create the 2020-2021 budget.

- Click here for the link.

From Wikipedia: United Nations Framework Convention on Climate Change

As the US gets more involved in international climate change policy again, here's background to  help us along.

- Click here for the entry.

The United Nations Framework Convention on Climate Change (UNFCCC) is an international environmental treaty addressing climate change, negotiated and signed by 154 states at the United Nations Conference on Environment and Development (UNCED), informally known as the Earth Summit, held in Rio de Janeiro from 3 to 14 June 1992. It established a Secretariat headquartered in Bonn and entered into force on 21 March 1994. The Kyoto Protocol, which was signed in 1997 and which entered into force in 2005, was the first extension to the UNFCCC. It was superseded by the Paris Agreement, which entered into force in 2016. As of 2020, the UNFCCC has 197 signatory parties. Its supreme decision-making body, the Conference of the Parties (COP), meets annually to assess progress in dealing with climate change.

The UNFCCC seeks for the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic human-induced interference with the earth's climate system. Such a level should be achieved within a timeframe sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.

What is an Executive Order?

Biden has been issuing a bunch of them, which we will review, but what is this thing anyway?

- Click for the Wikipedia entry.

An executive order is a means of issuing federal directives in the United States, used by the President of the United States, that manages operations of the federal government.[1] The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives the president broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power (delegated legislation).[2]

Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution. Some policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes. As the head of state and head of government of the United States, as well as commander-in-chief of the United States Armed Forces, only the President of the United States can issue an executive order.

Presidential executive orders, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. At any time, the president may revoke, modify, or make exceptions from any executive order, whether the order was made by the current president or a predecessor. Typically, a new president reviews in-force executive orders in the first few weeks in office.

A few of Biden's Immediate Goals

We'll walk through these and see what  he can do on his own, and what requires congressional action. We will also try to figure out what these are.  

- masks on federal property
- rejoin the World Health Organization
- extent eviction and foreclosure moratoriums
- actions on global warming
- rejoin Paris Climate Agreement
- immigration
- reverse Trump travel ban
- stop construction of border wall
- protections for LGBTQ
- revoking ban on military service by transgender Americans
- reverse Mexico City Policy

From Vox: Biden’s flurry of first-day executive actions, explained

An overview of presidential action - we will unpack them and apply them to textbook material. One of the major points we will discuss in this class are the types of things the executive branch can do without the assistance of the other two - as well as they it cannot do.

- Click here for the article.  

On his first day, Biden will sign 17 executive initiatives. He’ll mandate masks on federal property. He’ll rescind Trump’s decision to withdraw from the World Health Organization. He’ll extend eviction and foreclosure moratoriums as well as a student loan pause. He’ll take multiple actions on global warming, including rejoining the Paris agreement. He’ll move on immigration, reversing Trump’s travel ban and stopping construction of a wall at the US-Mexico border. He’ll reinforce commitments to racial equity and nondiscrimination protections for LGBTQ people. And more.

Biden’s team emphasized in a call with reporters that these day-one actions were only the start. A memo from White House chief of staff Ron Klain outlined Biden’s plans to tackle “four overlapping and compounding crises”: Covid-19, the economy, global warming, and racial justice. Short of congressional action, Biden will sign “dozens of executive orders, presidential memoranda, and directives to Cabinet agencies” to address those areas and more.

“In the coming days and weeks we will be announcing additional executive actions that confront these challenges and deliver on the President-elect’s promises to the American people, including revoking the ban on military service by transgender Americans, and reversing the Mexico City policy,” spokesperson Jen Psaki said in a statement on Tuesday.

From Vox: The transition to a Biden-Harris administration

We'll spend time in 2305 looking at how the executive branch will - and wont - transition from one administration to another.

- Here's a link to one source of info for it.

We will look at others. 

The Eastern Kentucky Social Club

The beginning of this documentary does a great job of describing the development of coal towns, and the ways that companies dealt with the threat of labor unions. 

From the Texas Tribune: Analyzing 2019: The 86th Texas Legislature

Expect more along these lines. It'll help 2306 students with their 1000 word essay.

- Click here for the article. 

The Texas Legislature’s 86th regular session was marked by school finance reforms and easing the pressure of some of the nation’s highest local property taxes. The state’s top three leaders — Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen announced that “meat and potatoes” work at the beginning of the session in January, and marked their success at the end of the session in May. It sounds simple, but it wasn’t easy.

From the Texas Tribune: Low-income Texans struggle to find new doctors as state officials boot Planned Parenthood off Medicaid

For our look at health care policy and federalism.

- Click here for the article.

Planned Parenthood employees are scrambling to help find new doctors for thousands of low-income patients after Texas officials and a court order booted the women’s health provider from Medicaid, the federal-state health insurance program for the poor and disabled.

Experts say there’s a scarcity of places low-income patients can receive non-abortion services like cancer screenings, in part because Texas already has a shortage of doctors who accept Medicaid due to the state’s low payment rates. The coronavirus pandemic has also upended some health providers’ operations and left others with long waiting lists, meaning new patients could face a lengthy delay before they can come in for an appointment. The state’s health commission gave Planned Parenthood's Medicaid patients until Feb. 3 to find new doctors.

- From Ballotpedia: Medicaid Spending in Texas.

From Wikipedia: New South

Worth a look in 2306. It helps describe the forces that shifted Texas towards commercialism.  

- Click here for it.

Agencies under review by the Texas Sunset Review Commission this session

- Agriculture, Texas Department of
- Anatomical Board of the State of Texas
- Animal Health Commission, Texas
- Boll Weevil Eradication Foundation, Texas
- Brazos River Authority
- Credit Union Department
- Early Childhood Health and Nutrition Interagency Council
- Fire Protection, Texas Commission on
- Holocaust and Genocide Commission, Texas
- Jail Standards, Texas Commission on
- Law Enforcement, Texas Commission on
- Licensing and Regulation, Texas Department of ( Limited Scope Review )
- Parks and Wildlife Department, Texas
- Prepaid Higher Education Tuition Board
- Prescribed Burning Board
- Racing Commission, Texas
- San Jacinto River Authority
- Teacher Retirement System of Texas
- Veterinary Medical Examiners, State Board of ( Limited Scope Review )

From the Texas Legislative Reference Library: Daily Legislative Clipping Service for January 15, 2021

- Click here for the entire list.  

Many of these involve proposed legislation - it might be worth thinking about these in terms of public policy.  Do we want a government to do these things?

A select handful: 

- Houston Chronicle: Opinion: Fee for electric, hybrid vehicles is good for Texas roads.

Texas House Bill 427 proposes a constructive adjustment to state transportation funding. Lawmakers would be remiss not to make it. The bill would establish an annual fee, in addition to registration, for electric and hybrid vehicles — $200 for electric and $100 for hybrid. The fee would boost state transportation revenues somewhat in the near term, but the long-term significance is far greater given the seismic changes underway in how we get around.

- Austin American-Statesman: Why Texas schools didn't see a big funding boost from the federal CARES Act.

The Texas Education Agency received $1.27 billion last summer from the CARES Act, the first coronavirus relief bill approved by Congress, and 90% of that money was distributed to school districts. Most of the remaining 10% was put into an agency discretionary fund, and a small portion went toward agency administration. The agency distributed CARES Act money through the Elementary and Secondary School Emergency Relief Fund, using the money to maintain school districts’ funding despite lower attendance. Texas' school funding formula is tied to students’ average daily attendance.

- Houston Chronicle: 25 beds left: Harris County Jail population again at dangerous levels.

As Harris County Judge Lina Hidalgo sees it, the pandemic has caused the region and country to come to grips with being “so centered on incarceration as if that was some silver bullet.” The vast majority of inmates are awaiting their day in court and presumed innocent.

“There has long been a bias toward just keeping everybody locked up,” Hidalgo said, noting she believes that some judges don’t have an “appetite” for reform even if data shows that it coincides with better outcomes. Gonzalez is hoping Rosenthal will push officials to do everything in their power to free up room at the jail. His request came as a result of stakeholders inaction on people his office identified who were eligible for release releases on state jail felony and third-degree nonviolent felony charges.

The 117th Congress

An overview from 

- Wikipedia.
- Ballotpedia.

From the Texas Tribune: Texas Legislature 2021

Click below for a running list of articles related to the regular session, which we will run through this semester.

- click here.

I'll pull out a few for further discussion   

From the Texas Tribune: Analyzing 2020: The pandemic recession in Texas

A look at how the pandemic will impact the budget for the next biennial period.

- Click here for the article.

The Texas economy was one of the early victims of the coronavirus, as precautions like social distancing and staying close to home made it nearly impossible for many businesses to thrive. And in the interest of public health, a markets-oriented governor found himself stuck between fighting the spread of the coronavirus and keeping Texas businesses open to customers.

As the economy faltered, so did the underpinnings of the Texas state budget that depends on taxes and fees those businesses generate. The Legislature will return on the second Tuesday of January to figure out how to keep providing the services Texans want during a recession. Here are a few of my columns on the economy and the budget from the last year.

A fast drop for the Texas economy — and for the state budget

April 8: The pandemic's impact on the Texas economy is a full-on recession, state Comptroller Glenn Hegar said. And hard financial decisions will mark the next session of the Texas Legislature.

Reopening Texas during a pandemic, cautiously and slowly

April 28: Gov. Greg Abbott wants to reopen the state and to get the economy going. But he also wants to avoid widening the spread of the coronavirus. Texans are about to find out whether it's possible to have it both ways.


Splitting hairs in Texas, for politics and profit

May 8: The governor and other top Texas officials love promoting the rule of law, but they also love good politics. The civil disobedience of a Dallas beautician forced them to choose a favorite — and maybe hurry changes in pandemic policy.

In a few places in Texas, sales tax revenues have risen in the pandemic

June 15: When Texas stores closed and social distancing began at the beginning of the pandemic, sales naturally dropped. So did sales taxes, and local and state government revenues. But not everywhere, it turns out.

Coronavirus spreads to the Texas state budget

July 22: Now that the first official estimate of the coronavirus' effect on the Texas economy is out, the hard work starts. Legislators have to figure out which parts of the state budget to cut and which parts to keep.

Texans might be ready for casinos, but lawmakers aren’t convinced

Dec. 14: Casinos are making a serious run at Texas lawmakers, hoping to open up to five gaming destinations in a state that has resisted them for years. But gaming in Texas hasn't been expanded in almost three decades.

From the Texas Tribune: Supreme Court says challenge to Donald Trump’s plan to not count undocumented people in congressional reapportionment must wait

Texas could lose a seat for the first time ever if Trump's plan is allowed to go forward.

- Click here for the story.

The Supreme Court on Friday dismissed a challenge to President Donald Trump’s authority to exclude undocumented immigrants when deciding the size of each state’s congressional delegation, saying it was premature to decide the question at this point.

The court’s unsigned opinion said the constitutional and legal questions surrounding such action should wait until it is clear whether Trump would be able to make good on his plan. It is unclear whether the Census Bureau can come up with the population figures Trump seeks before he leaves office.

“We express no view on the merits of the constitutional and related statutory claims presented,” the opinion said. “We hold only that they are not suitable for adjudication at this time.”

The three liberal justices disagreed and said the court should say now that Trump lacks authority.

From the TSHA: Mineral Rights and Royalties

An interesting aspect of land rights. 

- Click here for the article. 

Private title to all land in Texas emanates from a grant by the sovereign of the soil (successively, Spain, Mexico, the Republic of Texas, and the state of Texas). Under the laws of Spain and Mexico, mines and their metals or minerals did not pass by the ordinary grant of the land without express words of designation. In one of the earliest acts of the Congress of the Republic of Texas, this rule was adopted, and it was continued in force after Texas had become a state. A grantee of land before 1866 therefore had no interest in the minerals in the land unless that interest was expressly granted. By a provision of the state Constitution of 1866, which was carried over in substantially the same language into the constitutions of 1869 and 1876, the state released to the owner of the soil all mines and mineral substances therein. This constitutional provision had retrospective effect; the landowner was given complete ownership of the minerals in all lands that passed from the sovereign before the effective date of the Constitution of 1876.

The Coronavirus Aid, Relief, and Economic Security Act

This is the federal law at the center of the previous story.

For more on it.

- Wikipedia: CARES Act.

The Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, is a $2.2 trillion economic stimulus bill passed by the 116th U.S. Congress and signed into law by President Donald Trump on March 27, 2020 in response to the economic fallout of the COVID-19 pandemic in the United States. The spending primarily includes $300 billion in one-time cash payments to individual Americans (with most single adults receiving $1,200 and families with children receiving more), $260 billion in increased unemployment benefits, the creation of the Paycheck Protection Program that provides forgivable loans to small businesses with an initial $350 billion in funding (later increased to $669 billion by subsequent legislation), $500 billion in aid for large corporations, and $339.8 billion to state and local governments.

The original CARES Act proposal included $500 billion in direct payments to Americans, $208 billion in loans to major industry, and $300 billion in Small Business Administration loans. As a result of bipartisan negotiations, the bill grew to $2 trillion in the version unanimously passed by the Senate on March 25, 2020. It was passed by the House via voice vote the next day, and was signed into law by President Donald Trump on March 27. It was originally introduced in the U.S. Congress on January 24, 2019, as H.R. 748 (Middle Class Health Benefits Tax Repeal Act of 2019). To comply with the Origination Clause of the Constitution, the Senate then used H.R. 748 as a shell bill for the CARES Act, changing the content of the bill and renaming it before passing it.

Unprecedented in size and scope, the legislation is the largest economic stimulus package in U.S. history, amounting to 10% of total U.S. gross domestic product. The bill is larger than the $831 billion stimulus act passed in 2009 as part of the response to the Great Recession. The Congressional Budget Office estimates that it will add $1.7 trillion to the deficits over the 2020–2030 period, with nearly all the impact in 2020 and 2021.

Lawmakers refer to the bill as "Phase 3" of Congress's coronavirus response. The first phase "was an $8.3 billion bill spurring coronavirus vaccine research and development" (the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020), which was enacted on March 6, 2020. The second phase was "an approximately $104 billion package largely focused on paid sick leave and unemployment benefits for workers and families" (the Families First Coronavirus Response Act), which was enacted on March 18, 2020.

For more detail on the bill, click here.

From the Texas Tribune: Texas has $2 billion in COVID relief funds left to spend. Advocacy groups are anxiously watching.

A great example of cooperative federalism.

A few other items to note in this article: 

- Texas Agriculture Commissioner
- Texas Governor
- US Department of the Treasury
- Department of State Health Services
- Texas Division of Emergency Management
- legislative leaders
- state agencies
- housing advocacy groups
- Texas Housers
- cities

- Click here for the article.

With only two weeks before the funding expires, Texas’ state government still hasn’t spent about a quarter of the $8 billion it received from the federal coronavirus relief bill.

In March, the U.S. Department of the Treasury assigned $11.24 billion to local and state governments in Texas. Almost a third of that went directly to cities and counties with more than 500,000 people, which have been quick to use it for a wide range of measures, from rent assistance programs to temperature checks at city offices. The state distributed $1.85 billion to smaller jurisdictions and has been distributing the remaining $8 billion through its health, education and emergency agencies, among others.

The funds can pay for expenses incurred only until Dec. 30, according to federal guidelines. Gov. Greg Abbott’s office said that it will use the money by that deadline but would not give details on how.

“Governor Abbott has worked closely with legislative leaders and state agencies to allocate $6 billion so far, including an estimated $1.6 billion for [the Department of State Health Services] and [Texas Division of Emergency Management] to fund the state’s response through the end of the year,” said Renae Eze, a spokesperson for Gov. Greg Abbott, in a statement. “With $2 billion remaining of the original funding, the state will spend every dollar by the end of the year to ensure the health and well-being of all Texans.”

Unless the federal government decides to extend the Dec. 30 deadline, unspent funds will have to be returned to the Department of Treasury.

From The Texas Tribune: After voting for Donald Trump, Texas electors ask swing states to reject results that assured victory for Joe Biden

- Click here for the story.

The Electoral College on Monday affirmed former Vice President Joe Biden’s victory in the 2020 presidential election, but not before Texas’ 38 electors delivered their votes for Donald Trump and defiantly urged the legislatures of four swing states to overrule the will of their voters and appoint their own electors.

The call from the Texas electors came in the form of a resolution they passed 34-4, but it had no impact on the results. The four states — Michigan, Wisconsin, Georgia and Pennsylvania — had already cast their votes by that time, and soon after, California cast its 55 votes for Biden and pushed him over the 270 number he needed to win the presidency.

Nonetheless, the resolution continued the practice of many Texas Republicans of baselessly questioning Biden’s victory and claiming fraud.

The resolution also “condemn[ed] the lack of action by the U.S. Supreme Court” to overturn the election results. There was a brief debate among electors over whether they should keep language in the resolution denouncing members of the U.S. Supreme Court for “moral cowardice.” On Friday, the high court briskly rejected a lawsuit filed by Attorney General Ken Paxton that sought to overturn the election results and had become a vehicle for Republicans across the country to contest Biden’s victory.

From C-Span: Texas Electoral College Vote

 - Click here for it.

From Texas Election Code: TITLE 11. PRESIDENTIAL ELECTIONS

- CHAPTER 191. SELECTION OF DELEGATES TO NATIONAL NOMINATING CONVENTION.

  - CHAPTER 192. PRESIDENTIAL ELECTORS AND CANDIDATES.

From Wikipedia: Title 3 of the United States Code

All  about the election of the president, on the national level.

- Click here for the page.

§ 1. Time of appointing electors
§ 2. Failure to make choice on prescribed day
§ 3. Number of electors
§ 4. Vacancies in electoral college
§ 5. Determination of controversy as to appointment of electors
§ 6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection
§ 7. Meeting and vote of electors
§ 8. Manner of voting
§ 9. Certificates of votes for President and Vice President
§ 10. Sealing and endorsing certificates
§ 11. Disposition of certificates
§ 12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate
§ 13. Same; demand on district judge for certificate
§ 14. Forfeiture for messenger's neglect of duty
§ 15. Counting electoral votes in Congress
§ 16. Same; seats for officers and Members of two Houses in joint meeting
§ 17. Same; limit of debate in each House
§ 18. Same; parliamentary procedure at joint meeting
§ 19. Vacancy in offices of both President and Vice President; officers eligible to act
§ 20. Resignation or refusal of office
§ 21. Definitions

For a look at US Code, click here.

From Wikipedia: Electoral Count Act

 - Click here for the entry.

The Electoral Count Act of 1887 Pub.L. 49–90, 24 Stat. 373 is a United States federal law establishing procedures for the counting of electoral votes by Congress following a presidential election. The law has subsequently been codified, with some modifications, into positive law in Title 3, Chapter 1 of the United States Code, which also contains other provisions related to presidential elections and vacancies. The law was enacted in the aftermath of the disputed 1876 presidential election, in which several states submitted competing slates of electors and a divided Congress was unable to resolve the deadlock.

The law has been criticized since it was enacted, with an early commenter describing it as "very confused, almost unintelligible.":643 Modern commenters have stated that the law "invites misinterpretation," observing that it is "turgid and repetitious" and that "[i]ts central provisions seem contradictory.":543 For example, one key ambiguity in Section 4 (now 3 U.S.C. § 15) involves a situation where multiple slates of electors are sent from a state, and the House and Senate cannot agree whether the law requires the slate certified by the governor to count, or requires that no slate should be counted.

From the National Conference of State Legislatures: The Electoral College in 2020

 Most of what you need to know.

- Click here for the page.

The following is a summary of how the Electoral College will work in the 2020 presidential election:

Spring and Summer 2020: Nomination of Electors. The political parties in each state nominate their electors. Parties and states have different ways of going about this, but a party's presidential electors are generally loyal or consistent party members. The parties want to be sure they can rely on their electors to cast their votes for the party's nominee for president.

Nov. 3, 2020: Election Day, when voters in each state will select their presidential electors. The names of electors are not on the ballot in most states. Rather, when a voter casts a vote for a presidential candidate, s/he is also casting a vote for the electors already selected by the party of that candidate. If a majority of voters in a state vote for the Republican candidate for president, the Republican slate of electors is elected. If a majority vote for the Democratic candidate, the Democratic slate of electors is chosen.

Dec. 8, 2020: Deadline for Resolving Election Disputes. All state recounts and court contests over presidential election results must be completed by this date. (3 U.S.C. § 5). For the majority of states the date of certification is the same as for all contests, but in eight states there is a deadline that either directly references 3 USC §5 or uses similar language, requiring that disputes surrounding the selection of presidential electors be resolved in time to meet the “safe harbor” deadline: Indiana, Iowa, New Jersey, North Carolina, Ohio, Tennessee, Texas and Virginia. For detailed information on state post-election processes, please visit this page.

Dec. 14, 2020: Meeting of the Electors. The electors meet in each state and cast their ballots for president and vice president. Each elector votes on his or her own ballot and signs it. The ballots are immediately transmitted to various people: one copy goes to the president of the U.S. Senate (who is also the vice president of the United States); this is the copy that will be officially counted later. Other copies go to the state's secretary of state, the National Archives and Records Administration, and the presiding judge in the district where the electors meet (this serves as a backup copy that would replace the official copy sent to the president of the Senate if it is lost or destroyed).

Dec. 23, 2020: Deadline for Receipt of Ballots. The electors' ballots from all states must be received by the president of the Senate by this date. There is no penalty for missing this deadline.

Jan. 6, 2021: Counting of the Electoral Ballots. The U.S. Congress meets in joint session to count the electoral votes.

Jan. 20, 2021: Inauguration Day. The president-elect becomes the president of the United States.

The Common Law Part I: What is Common Law and What Role Did it Play in E...

Understanding the Common Law [No. 86 LECTURE]

From Wikipedia: Siete Partidas

One of the bases of Texas law.

- Click here for the entry.

Example: 

Part IV, Title XI, Law vii: Donations and Dowries, Made in Consideration of Marriage, Should Remain Under Control of the Husband, to Be Kept and Taken Care Of. A husband should place his wife in possession of the gift which he makes her, and the wife should do the same thing with her husband with regard to the dowry she gives; and, although each of them places the other in possession of their respective gifts, nevertheless, the husband should be the master and have control of all the property aforesaid, and be entitled to collect the income of the whole, including what the wife gives, as well as that given by him, for the purpose of supporting himself, his wife, and his family, and to preserve, defend, and protect the marriage well and faithfully. Still, the husband has no right to sell, dispose of, or waste the donation which he gave his wife, or the dowry which he receives from her, as long as the marriage lasts, except where such a gift has been appraised. This should be observed for the following reason, namely: in order that if a separation takes place, the property of each of the parties may be returned to them, free and without encumbrance, to dispose of at their pleasure, or, where the marriage is dissolved by death, that it may descend intact to their heirs.

Part IV, Title XI, Law xvii: Concerning Separate Property Belonging to the Wife, Which is Not Given as Dowry, and Which is Called in Latin, Paraphernalia. (return) All property and possessions, whether personal or real, which women keep separately for themselves, and do not enter in the account of a dowry, are called in Greek parapherna, and this derived its name from para, which means, in Greek, the same as near, and pherna which takes the place of dowry, in Greek, the same as things which are joined to, or connected with a dowry. All the articles called, in Greek, parapherna, when they are given by a wife to her husband with the intention that he shall have control of them as long as the marriage lasts, he has the right to keep, just as those which are given him by way of dowry. Where they are not specifically given to the husband, and it was not the intention of the wife that he should have control of them, she always remains their owner; and the same rule applies whenever any doubt arises whether she gave them to her husband or not.

All these things called parapherna, have the same privilege as a dowry has, for just as a husband is responsible to his wife to the full amount of his property, if he disposes of or wastes her dowry, he is also responsible for the parapherna, no matter what may happen to it. And although an obligation of this kind may not be contracted by words, it is understood to be created solely by the act itself. For as soon as the husband receives the dowry and the other property called parapherna, all his property, for this reason, becomes bound to his wife, not only what he has at the time, but also what he may acquire subsequently.

From the New York Times: Christopher Krebs, a fired Trump official, sues the campaign and the lawyer who said he should be shot.

Lawsuits in the works.

- Click here for the story.

The lawsuits alleges defamation and the infliction of emotional distress. What are they? Does he have a case?

Defamation:

In the United States a defamation action typically requires that a plaintiff claiming defamation prove that the defendant:
- made a false and defamatory statement concerning the plaintiff;
- shared the statement with a third party (that is, somebody other than the person defamed by the statement);
- if the defamatory matter is of public concern, acted in a manner which amounted at least to negligence - on the part of the defendant; and
caused damages to the plaintiff.

- United States defamation law.

Infliction of emotional distress: 

- From Wikipedia: Intentional infliction of emotional distress.

IIED was created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when a threat of battery was not imminent. A common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form.

Elements: 

- Defendant acted intentionally or recklessly; and
- Defendant's conduct was extreme and outrageous; and
- Defendant's act is the cause of the distress; and
- Plaintiff suffers severe emotional distress as a result of defendant's conduct.

Who is Chris Krebs? What is the Cybersecurity and Infrastructure Security Agency?

Until recently, Krebs directed the Cybersecurity and Infrastructure Security Agency, and got into trouble with Trump for saying the elections were clean.

- Here's his Wikipedia entry. 

Career: 

- focus on cybersecurity and risk management issues.
- Senior Advisor to the Assistant Secretary of Homeland Security for Infrastructure Protection
- Director for Cybersecurity Policy for Microsoft.
- March 2017, he became Senior Counselor to the Secretary of Homeland Security.
- August 2017, he was appointed Assistant Secretary for Infrastructure Protection
- June 15, 2018, Under Secretary of Homeland Security for National Protection and Programs
- November 2018, became director of the Cybersecurity and Infrastructure Security Agency 

- Here is the entry on the Cybersecurity and Infrastructure Security Agency. 

Formed in 2007, the National Protection and Programs Directorate (NPPD) was a component of the United States Department of Homeland Security. NPPD's goal was to advance the Department's national security mission by reducing and eliminating threats to U.S. critical physical and cyber infrastructure.

On November 16, 2018, President Trump signed into law the Cybersecurity and Infrastructure Security Agency Act of 2018, which elevated the mission of the former NPPD within DHS, establishing the Cybersecurity and Infrastructure Security Agency (CISA). CISA is a successor agency to NPPD, and assists both other government agencies and private sector organizations in addressing cybersecurity issues.

From The Texas Tribune: In new lawsuit, Texas contests election results in Georgia, Wisconsin, Michigan, Pennsylvania

A look at the fight between national and state power.

Can the Texas Attorney General do this?

- Click here for the article. 

Texas Attorney General Ken Paxton is suing four battleground states — Georgia, Michigan, Pennsylvania and Wisconsin — whose election results handed the White House to President-elect Joe Biden.

In the suit, he claims that pandemic-era changes to election procedures in those states violated federal law, and asks the U.S. Supreme Court to block the states from voting in the Electoral College.

The last-minute bid, which legal experts have already characterized as a longshot, comes alongside dozens of similar attempts by President Donald Trump and his political allies. The majority of those lawsuits have already failed.

There is no evidence of widespread fraud in the 2020 election, officials in most states and U.S. Attorney General Bill Barr have said. Biden won in all four states where Paxton is challenging the results.

In a filing to the high court Tuesday, Paxton claims the four battleground states broke the law by instituting pandemic-related changes to election policies, whether “through executive fiat or friendly lawsuits, thereby weakening ballot integrity.”

Paxton claimed that these changes allowed for voter fraud to occur — a conclusion experts and election officials have rejected — and said the court should push back a Dec. 14 deadline by which states must appoint their presidential electors.

“That deadline, however, should not cement a potentially illegitimate election result in the middle of this storm,” attorneys for Texas wrote.

From the Texas Tribune: Texas enrollment and FAFSA applications down, as education leaders worry pandemic is disrupting college plans

For out look at public policy in Texas. How might the pandemic impact higher education in the state?

- Click here for the article.

The number of Texas high school seniors filling out the federal financial aid application for college, known as FAFSA, is down so far from last year, a sign worrying state higher education leaders that the COVID-19 pandemic is still disrupting many students’ pathway to college.

According to the National College Attainment Network’s FAFSA tracker, just 24% of Texas seniors have filled out the vital Free Application for Federal Student Aid as of Nov. 20, a 14.6% decline compared to the same time last year.

Preliminary enrollment data from the state shows this fall’s college enrollment was down 3%, or more than 47,000 students, primarily among community colleges.

The enrollment and application data was discussed at a Texas Higher Education Coordinating Board press conference, where officials said they are concerned that the pandemic is disproportionately affecting underrepresented students, including low-income students, Hispanic and Black students, and rural students.

Higher education leaders across Texas say high school counselors are struggling to connect with students virtually and students aren’t receiving the same information about college applications and financial aid that they would be if they were in school every day.

“A year ago it was really easy to find a high school senior in the hall at the school, but now the student may not even be in the building,” said John Fitzpatrick, executive director of the nonprofit Educate Texas, on a call with reporters Tuesday.

From the Texas Tribune: Despite staggering pandemic losses, Texas budget forecast better than expected, state comptroller says

For our look at Texas' plural executive

- Click here for the article.

Despite “historic declines,” state lawmakers will have more money to work with in the upcoming legislative session than Comptroller Glenn Hegar expected over the summer, he said Monday. But Hegar did not outline specifics as state coffers continue to suffer from the economic recession spurred by the coronavirus pandemic.

Sales tax revenues, by far the largest part of the state budget, fell by 4.8% in the second half of the 2020 fiscal year compared with the same stretch last year, Hegar said. It was a much softer hit than he anticipated, thanks to Texans staying home and spending money on “staycations instead of vacations.”

Other revenue streams, such as taxes related to alcohol, hotel occupancy, and oil and gas, were down more than 40% in the same period this year compared with last, Hegar told lawmakers Monday during a Legislative Budget Board meeting at the Capitol.

From the Texas Tribune: What went wrong with Texas Democrats' 2020 plans? State party leaders intend to find out.

 For our look at political parties in Texas.

- Click here for the article.

Texas Democrats severely underperformed expectations in the November election after looking to it as their best shot in decades at making inroads. President Donald Trump carried the state by 6 percentage points, U.S. Sen John Cornyn won reelection by 10 points, Democrats picked up zero U.S. House seats despite targeting 10 and their push to flip the state House fizzled as they gained one seat and lost another.

Democrats have since said they were misled by bad polling and lamented their decision to hold off on in-person campaigning during the coronavirus pandemic. Hinojosa cited both those factors in a letter responding to the executive committee members, while saying he agrees that a "complete analysis needs to be done on this to determine what really happened."

"The Party is committed to conducting a 'deep dive' analysis of the election, using outside persons or entities, and partnering with other allied groups to fund it if necessary," Hinojosa wrote.

The Tribune obtained a copy of the letter that was dated Friday. In it, the State Democratic Executive Committee members raise a host of issues related to the governing body's relationship with party staff — which appear to predate this election cycle — as well as the party's role in the November election.

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From Wikipedia: United States Marshals Service

I'm catching up on these guys. Among other things, they provide muscle for the judiciary. They date back to the Judiciary Act of 1789.

- Click here for the entry.

The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforcement arm of the United States federal courts to ensure the effective operation of the judiciary and integrity of the Constitution. It is the oldest U.S. federal law enforcement agency created by the Judiciary Act of 1789 during the presidency of George Washington as the "Office of the United States Marshal". The USMS as it stands today was established in 1969 to provide guidance and assistance to U.S. Marshals throughout the federal judicial districts.

The Marshals Service is primarily responsible for the protection of judges and other judicial personnel, the administration of fugitive operations, the management of criminal assets, the operation of the United States Federal Witness Protection Program and the Justice Prisoner and Alien Transportation System, the execution of federal arrest warrants, and the protection of senior government officials through the Office of Protective Operations. Throughout its history the Marshals have also provided unique security and enforcement services including protecting African-American students enrolling in the South during the civil rights movement, escort security for United States Air Force LGM-30 Minuteman missile convoys, law enforcement for the United States Antarctic Program, and protection of the Strategic National Stockpile.