Tuesday, July 11, 2023

A collection of videos regarding counties in Texas

These are produced by the Texas Association of Counties, an interest group that represents the counties before the state and national governments. It's probably the single best source of information about this type of government.

- Click here for its website. 

Remember that counties exist in order to carry out many state laws at the local level.

The major responsibilities of Texas county government include:
- Providing public safety and justice
- Holding elections at every level of government
- Maintaining Texans’ most important records
- Building and maintaining roads, bridges and in some cases, county airports
- Providing emergency management services
- Providing health and safety services
- Collecting property taxes for the county and sometimes for other taxing entities
- Issuing vehicle registration and transfers
- Registering voters.

Some counties are able to offer libraries, parks and other programs that add to the quality of life for local residents. Many play a vital role in the economic development of their local areas.


For videos: 

- How Did We Get to 254 Counties?

- What's the difference between your city, state and county government?

- What does your Texas county clerk do?

- Who's responsible for the county budget?

- What is a county commissioner?

- What's your county's role in roads, bridges and infrastructure?

Monday, July 10, 2023

Video: What is a Constitution's Purpose?



This is oriented towards the United States Constitution, but the general points apply to the Texas Constitution as well. 

A constitution is a basic law for a sovereign government, such as the United States and each of the 50 states within it (let's not worry about those of other nations right now). It determines the rules for how government will operate. 

For example: 

- What authority allows the government to impose its will on the people?
- What is the extent of that authority? 
- How are the governing powers - legislative, executive, and judicial - implemented?
- How do people attain positions of power?
- What rights are retained by the people?

This is just a small list - we will discuss more. 

Video: What is the Purpose of Article IV?

 https://apnews.com/article/texas-neighbors-shooting-sheriff-3fc5e6d5c0dc004b67d3e94a76812732

 https://www.axios.com/2023/07/09/campaign-fundraising-schiff-trump-boebert

 https://www.houstonchronicle.com/opinion/editorials/article/townhouses-chapter42-parking-18175737.php

GOVT 2306 Summer 2 - Written Assignment #2 - Due 7/17 at midnight

Part of your subject matter this week is the Texas Constitution. You will note in your readings that the document changes. A lot. 

As opposed to the United States, Texas - or the area we know call Texas - went through about 9 different constitutions in a 60 year period. And the "final" constitution of 1876 has been amended over 500 times. This November voters will have the opportunity to ratify 13 more. 

I want you to read and analyze those proposed changes. Tell me what they would do. Based on your understanding of what a constitution is supposed to do, why is it necessary to amend the constitution to achieve these objectives? 

For info, click below.

- TLRL: Constitutional amendments search results.
- Ballotpedia: Texas 2023 ballot measures.

You know the minimal requirements. Double check on blackboard for a refresher. 

Write as much as you like.  

Thursday, July 6, 2023

Wednesday, July 5, 2023

From the Texas Tribune: Gov. Greg Abbott vetoes more than 70 bills amid property tax impasse

Since the Texas Legislature's regular session is over, these cannot be overridden. They will have to be reintroduced the next time the legislature meets following the 2024 election.

- Click here for the list of bills vetoed by the governor.

- Click here for the list of bills signed by the governor.

- Click here for the list of bills filed without the governor's signature.

- Click here for the article.

Gov. Greg Abbott followed through with his threat to veto a large number of bills in the absence of a House-Senate compromise on property taxes. The governor vetoed more than 70 bills this past week, most of which originated in the Senate, adding fuel to his feud with Lt. Gov. Dan Patrick.

The common theme in many of his vetoes: The bills can wait until after lawmakers figure out property taxes.

"At this time, the legislature must concentrate on delivering property tax cuts to Texans," Abbott said in multiple veto proclamations.

Abbott vetoed almost 30 bills on Sunday, bringing the total this session to 76, which is the second highest in state history. Former Gov. Rick Perry holds the record for most vetoes, issuing 83 in 2001, according to the Legislative Reference Library.

For more: 

- Gov. Abbott vetoes bill creating Gulf Coast funding account. (House Bill 2416)

- Gov. Greg Abbott vetoed 76 bills this session, nearing the state record.

- Gov. Abbott vetoes energy efficiency bill. (SB 2453)

- For Voters With Disabilities, Texas Governor Signs One Bill and Vetoes Another. (HB 3159)

- Abbott vetoes two bills so far this session.

Monday, July 3, 2023

 https://en.m.wikipedia.org/wiki/American_Indian_Religious_Freedom_Act

 https://www.axios.com/2019/06/01/supreme-court-justices-ideology

Texas Party Platforms

Click on the links below for the positions - as determined in each party's state convention in 2022 - of the two major parties in the state: 

- Texas Democratic Party.
- Ballotpedia: Texas Democratic Party Platform.

- Texas Republican Party. 
- Ballotpedia: Texas Republican Party Platform.

Click on the links below for the positions - as determined in each party's state convention in 2022 - of the two minor parties in the state: 

- Texas Green Party.

- Texas Libertarian Party.




What is a party platform?

. . . a formal set of principal goals which are supported by a political party or individual candidate, in order to appeal to the general public, for the ultimate purpose of garnering the general public's support and votes about complicated topics or issues. A component of a political platform is often called a plank – the opinions and viewpoints about an individual topic, as held by a party, person, or organization. The word plank depicts a component of an overall political platform.

From Ballotpedia:

A political party platform or platform outlines a party's principles, goals, and positions on domestic and foreign affairs. Platforms are typically announced at the party's national convention. They do not necessarily have a binding effect on elected officials or candidates within the party.


From Encyclopedia.com:  

A party platform is a political party's statement of governmental principle and policy. Some historians consider the Virginia and Kentucky Resolutions of 1798–1799 the first party platform; others point to the list of resolutions the "young men" of the National Republican Party adopted on 11 May 1832. No major party adopted a platform in 1836, but since 1840, party platforms have been a regular feature of national political campaigns. Platforms are not binding. Nevertheless, they have shaped many state and national elections. They also reflect the changing issues, controversies, and visions that have constituted American political discourse.

Texas Constitution - Article 6 - Suffrage

- Click here for it. 

- Click here for the version in 1876.

- Previous Constitutions.

Sections: 

Sec. 1. CLASSES OF PERSONS NOT ALLOWED TO VOTE.

Sec. 2. QUALIFIED VOTER; REGISTRATION; ABSENTEE VOTING.

Sec. 2a. VOTING FOR PRESIDENTIAL ELECTORS AND STATEWIDE OFFICES AND PROPOSITIONS BY PERSONS QUALIFIED EXCEPT FOR LOCAL RESIDENCE REQUIREMENTS.

Sec. 3. QUALIFICATIONS OF VOTERS IN MUNICIPAL ELECTIONS.

Sec. 3a. QUALIFICATIONS OF VOTERS IN LOCAL ELECTIONS REGARDING PUBLIC DEBTS OR EXPENDITURES.

Sec. 4. ELECTIONS BY BALLOT; PURITY OF ELECTIONS; REGISTRATION OF VOTERS.

Sec. 5. VOTERS PRIVILEGED FROM ARREST.

 https://www.nber.org/system/files/working_papers/w26316/w26316.pdf

Political Freedom

A necessary condition for the existence of political institutions. Unfree societies have no need for them since they exist to challenge their rule. Following the description below, you'll note mention of the First Amendment to the United States, which establishes a practical way to limits to be placed on the powers of government.

Definitions: 

- From Wikipedia: 

a central concept in history and political thought and one of the most important features of democratic societies. Political freedom was described as freedom from oppression, or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion, e.g. economic compulsion, in a society. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech (e.g. social conformity, consistency, or inauthentic behavior). The concept of political freedom is closely connected with the concepts of civil liberties and human rights, which in democratic societies are usually afforded legal protection from the state.

- From Freedom House: What Are Political Freedoms?

Citizens in politically free nations should be able to do the following:

• Participate freely in the political process.
• Vote freely in legitimate elections.
• Elect representatives who will be accountable to them.
• Exercise freedom of expression and belief.
• Assemble and associate freely.
• Have access to an established, equitable system of rule of law.
• Have social and economic freedoms including equal access to economic opportunities and the right to hold private property.


- From Freedom House: Countries and Territories:

Click for a rank ordering of countries based on levels of freedom.


- From Britannica: Civil and Political Liberty:


a state of freedom, especially as opposed to political subjection, imprisonment, or slavery. Its two most generally recognized divisions are political and civil liberty. 
Civil liberty is the absence of arbitrary restraint and the assurance of a body of rights, such as those found in bills of rights, in statutes, and in judicial decisions. Such liberty, however, is not inconsistent with regulations and restrictions imposed by law for the common good. Political liberty consists of the right of individuals to participate in government by voting and by holding public office.


- From Findlaw: The First Amendment - Freedom of Speech, Religion, and the Press: 

the First Amendment of the U.S. Constitution protects many of the civil rights associated with life as an American, including free speech, freedom of religion, freedom of speech, and freedom of the press. It also addresses the right to protest peacefully and petition the government.







 https://www.nytimes.com/interactive/2023/07/03/opinion/for-most-college-students-affirmative-action-was-not-enough.html

The Political Institutions

These are the institutions that exist because people are both free to form them, and have an incentive to do so. They allow people to discuss common concerns - even if it involves criticizing those in charge - and to create the organizations that can help them address those concerns. 

In GOVT 2305 I cover how the rights to speak and form organizations are embodied in the First Amendment, and are the legal basis for their existence. 

These organizations are the subject - along with elections - of this module. You've probably already noticed that these fall into three broad categories: 

- Interest Groups
- Political Parties
- The Media

And the each perform distinct functions.

- Interest Groups:
- Political Parties:
- The Media:

In addition to these, are a large number of subcategories, as well as institutions that overlap these three.





 

Wednesday, June 28, 2023

Links - 6/28/23

https://broadbandmap.fcc.gov/home

https://www.mtsu.edu/first-amendment/article/1025/true-threats

https://constitution.congress.gov/browse/essay/amdt1-7-5-6/ALDE_00013807/

https://www.hmdb.org/m.asp?m=126764

https://www.bakerinstitute.org/research/texas-needs-state-brain-research-institute

https://en.wikipedia.org/wiki/United_States_incarceration_rate

https://www.sentencingproject.org/reports/private-prisons-in-the-united-states/

https://codes.findlaw.com/tx/penal-code/


From ScotusBlog: Justices throw out Colorado man’s stalking conviction in First Amendment dispute

The case involves questions about what constitutes a "true threat."

- Click here for the decision in COUNTERMAN v. COLORADO.

- Click here for ScotusBlog's page on COUNTERMAN v. COLORADO.

- Click here for the article. 

The Supreme Court on Tuesday threw out the conviction of Billy Raymond Counterman, a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on his Facebook messages. By a vote of 7-2, the justices ruled that the state courts had applied the wrong test to determine whether Counterman’s statements were “true threats,” which are not protected by the First Amendment. Instead of focusing on whether a reasonable person would regard the man’s statements as a threat of violence, the Supreme Court ruled, courts should look at whether prosecutors had shown that Counterman had made the threats recklessly – that is, whether he was aware that the recipient, local Colorado musician Coles Whalen, could regard his speech as a threat, but made them anyway.

Justice Elena Kagan wrote for the court, with an opinion that was joined by Chief Justice John Roberts and Justices Samuel Alito, Brett Kavanaugh, and Ketanji Brown Jackson. Justice Sonia Sotomayor wrote an opinion, joined by Justice Neil Gorsuch, in which she agreed with the result that the court reached but not all of its reasoning. Justice Clarence Thomas filed a dissenting opinion and joined a dissenting opinion by Justice Amy Coney Barrett.

The events leading to Thursday’s ruling began nearly a decade ago, when Counterman sent a Facebook friend request to Whalen, a singer-songwriter then based in Denver whose career was on the rise. Over the next few years, Counterman sent messages to Whalen that she described as “weird” and “creepy,” and although she attempted to stop the messages by blocking him on Facebook, Counterman would simply create new accounts.

When the messages became increasingly menacing – referring to having seen her in person and suggesting that she should die – Whalen’s mental health declined. She canceled appearances, started to carry a gun, and eventually left Colorado for the east coast.

Prosecutors in Colorado charged Counterman with stalking. At trial, he argued that his messages to Whalen were not “true threats” because he didn’t actually intend to harm Whalen; instead, he contended, they were speech protected by the First Amendment. The trial court rejected that argument and he was convicted and sentenced to four-and-a-half years in prison; a Colorado appeals court upheld his conviction in 2021.

Counterman came to the Supreme Court last summer, asking the justices to weigh in. In a 14-page opinion on Tuesday, the justices sent his case back to the state courts, holding that the state courts should have applied a different test to determine whether Counterman’s statements were “true threats.”

From the Texas Tribune: Texas to receive $3.3 billion in federal funds to boost broadband expansion efforts

Public policy, public utilities, market failure, and fiscal federalism - all in one.

- Click here for the article.
Texas will receive more than $3.3 billion in federal money — the most of any state — to help expand broadband availability statewide, the Biden administration announced Monday.

The money will be distributed from the $42.45 billion in the Broadband Equity, Access and Deployment program as part of President Joe Biden’s 2021 Bipartisan Infrastructure Law. The funds aim to connect more than 8.5 million households and small businesses nationwide — and nearly 2.8 million of those households without broadband are in Texas. Each state received at least $107 million.

Separately, the BEAD program includes more than $14 billion in funding for the Affordable Connectivity Program, which makes broadband service more affordable for eligible households nationwide (and can be applied for now), $2 billion for the Tribal Broadband Connectivity Program, and $2 billion for the Department of Agriculture’s Reconnect Program that provides loans and grants to build broadband infrastructure in eligible rural areas.

Texas and the other states can submit initial funding proposals from July 1 through Dec. 27. After the National Telecommunications and Information Administration approves proposals, which will occur on a rolling basis, states and territories will be able to access at least 20% of their funds. The Texas Broadband Development Office will allocate the funds, which will go to where the state and federal broadband maps indicate service is needed. However, service providers and local officials have disputed the accuracy of those maps.

The Biden administration has compared its investment in broadband to the 1936 Rural Electrification Act, which offered low-cost loans to help bring electricity to rural areas.


For more on the 1936 Rural Electrification Act, click here. 

The Rural Electrification Act of 1936, enacted on May 20, 1936, provided federal loans for the installation of electrical distribution systems to serve isolated rural areas of the United States.

The funding was channeled through cooperative electric power companies, hundreds of which still exist today. These member-owned cooperatives purchased power on a wholesale basis and distributed it using their own network of transmission and distribution lines. The Rural Electrification Act was one of many New Deal proposals by President Franklin D. Roosevelt to remedy high unemployment during the Great Depression.

What is Market Failure?

A principle justification for governmental intervention in the economy. The ideal market place is supposed to be efficient, but in reality this is not the case. It fails in key ways. Which helps explain why many governing agencies exist. Governments on all three levels in the United States were established largely to create markets.




- Market Failure: What It Is in Economics, Common Types, and Causes. 


What Is Market Failure? 
Market failure, in economics, is a situation defined by an inefficient distribution of goods and services in the free market. In an ideally functioning market, the forces of supply and demand balance each other out, with a change in one side of the equation leading to a change in price that maintains the market's equilibrium. In a market failure, however, something interferes with this balance.

When markets fail, the individual incentives for rational behavior do not lead to rational outcomes for the group. In other words, each individual makes the correct decision for themselves, but those prove to be the wrong decisions for the group as a whole.


Understanding Market Failure

A market failure refers to the inefficient distribution of resources that occurs when the individuals in a group end up worse off than if they had not acted in rational self-interest. In the case of a market failure, the overall group incurs too many costs or receives too few benefits. The economic outcomes under market failure deviate from what economists usually consider optimal and are usually not economically efficient.

Contrary to what the name implies, market failure does not describe imperfections just in the market economy—there can be market failures in government activity, too. One noteworthy example is rent seeking by special interest groups.2 Special interest groups can benefit by lobbying for small costs on everyone else, such as through a tariff. When each small group imposes its costs, the whole group is worse off than if no lobbying had taken place.

Not every bad outcome from market activity counts as a market failure. In addition, while correcting the imbalances underlying a market failure often requires government intervention, private-market actors may also be able to solve the problem. On the flip side, not all market failures have a potential solution, even with prudent regulation or extra public awareness.


Causes of Market Failure

There are many types of imbalances that can affect the equilibrium of the markets. The following list provides an overview of some common causes of market failure.

- Externalities: Externalities occur when the consumption of a good or service benefits or harms a third party. Pollution resulting from the production of certain goods is an example of a negative externality that can hurt individuals and communities. The collateral damage caused by negative externalities may lead to market failure.4

- Information failure: When there is insufficient information available to certain participants in the market, this can also be the source of market failure. If the buyer or seller in a transaction lacks access to the information on which the price is based, they may be willing to overpay or undercharge for a good or service, disrupting the market's equilibrium.

- Market control: When one party has too much control over a market, this can also create imbalanced pricing and lead to market failure.6 In the case of a monopoly or oligopoly, a single seller or a small group of sellers can manipulate pricing. In other situations, known as monopsony or oligopsony, it is the buyers that have the advantage. In either case, the disrupted balance of supply and demand could cause market failure.

- Public goods: Public goods are another example of market failure because they defy the tenets of supply and demand that drive the free markets. Public goods and services are nonexcludable—once something like a street light is produced, it is accessible to everyone, and the producer cannot limit consumption only to paying customers. Public goods are also nonrival, as use by one individual does not limit consumption by others. Given these characteristics, the private sector has little incentive to produce public goods, which leads to market failure, and the government usually has to provide these goods or subsidize their production.


Externalities: 
- Clean Water Act.
- National Environmental Policy Act.

Information failure: 
- Securities Exchange Act of 1934.

Market Control: 
- Sherman Anti-Trust Act.

Public Goods: 
- The U.S. Constitution.
- Federal-Aid Highway Act of 1956.

Public Goods - What are they? What types exist?

Why are goods supplied to begin with?

- Economic demand. Economic demand is a principle that refers to a consumer’s demand for a particular product, as well as the price they’re willing to pay for that product. While demand is highly variable due to outside factors, the basic concept is that economic demand will decrease as price increases.

- The profit motive. the intent to achieve a monetary gain in a project, transaction, or material endeavor. Profit motive can also be construed as the underlying reason why a taxpayer or company participates in business activities of any kind. Simply put, the profit motive suggests that people tend to take actions that will result in them making money (profiting).

Can all that is demanded be allow for profit? No

- What is a public good? In economics, a public good refers to a commodity or service that is made available to all members of society. Typically, these services are administered by governments and paid for collectively through taxation. Examples of public goods include law enforcement, national defense, and the rule of law. Public goods also refer to more basic goods, such as access to clean air and drinking water.

- what is a private good? A private good is a product that must be purchased to be consumed, and consumption by one individual prevents another individual from consuming it. In other words, a good is considered to be a private good if there is competition between individuals to obtain the good and if consuming the good prevents someone else from consuming it. Economists refer to private goods as rivalrous and excludable, and can be contrasted with public goods.

Categories of public goods: 




What does exhaustive mean? Non-rivalrous goods are public goods that are consumed by people but whose supply is not affected by people’s consumption. In other words, when an individual or a group of individuals use a particular good, the supply left for other people to use remains unchanged. Therefore, non-rivalrous goods can be consumed over and over again without the fear of depletion of supply.

What does exclusive mean? In economics, a good, service or resource are broadly assigned two fundamental characteristics; a degree of excludability and a degree of rivalry. Excludability is defined as the degree to which a good, service or resource can be limited to only paying customers, or conversely, the degree to which a supplier, producer or other managing body (e.g. a government) can prevent "free" consumption of a good.

Social Goods
- Education
- Libraries
- Housing
- Health Care

Common-Pool Goods
- Aquifers
- Fisheries
- Forests
- Groundwater

Toll Goods
- Broadcasting Airwaves
- National Parks
- Toll Roads
- Toll Bridges

Pure Public Goods
- Clean Air
- National Defense
- Pollution Abatement
- Street Lights

For more: 

- What are public goods?

- What Is a Rival Good vs. a Non-Rival Good, With Examples.

- Non-Rivalrous Goods.

- Excludability.

Tuesday, June 27, 2023

1st United States Congress

For our look at how the U.S. Constitution was transformed into institutions.

- Click here for the entry. 

Session 1

Held March 4, 1789, through September 29, 1789, at Federal Hall in New York City

- June 1, 1789: An act to regulate the time and manner of administering certain oaths, ch. 1, 1 Stat. 23
- July 4, 1789: Tariff of 1789, ch. 2, 1 Stat. 24
- July 27, 1789: United States Department of State was established, originally named the Department of Foreign Affairs, ch. 4, 1 Stat. 28.
- July 31, 1789: Regulation of the Collection of Duties on Tonnage and Merchandise, ch.5, 1 Stat. 29, which established the United States Customs Service and its ports of entry.
- August 7, 1789: Department of War was established, ch. 7, 1 Stat. 49.
- September 2, 1789: United States Department of the Treasury was established, ch. 12, 1 Stat. 65
- September 24, 1789: Judiciary Act of 1789, ch. 20, 1 Stat. 73, which established the federal judiciary and the office of Attorney General


Session 2

Held January 4, 1790, through August 12, 1790, at Federal Hall in New York City

- March 1, 1790: Made provisions for the first Census, ch. 2, 1 Stat. 101
- March 26, 1790: Naturalization Act of 1790, ch. 3, 1 Stat. 103
- April 10, 1790: Patent Act of 1790, ch. 7, 1 Stat. 109
- April 30, 1790: Crimes Act of 1790, ch. 9, 1 Stat. 112
- May 31, 1790: Copyright Act of 1790, ch. 15, 1 Stat. 124
- July 16, 1790: Residence Act, ch. 28, 1 Stat. 130, established Washington, D.C., as the seat of government of the United States.
- July 22, 1790: Indian Intercourse Act of 1790, ch. 33, 1 Stat. 137, regulated commerce with the Indian tribes.
- August 4, 1790: Funding Act of 1790, ch. 34, 1 Stat. 138, authorized the "full assumption" of state debts by the federal government.
- August 4, 1790: Collection of Duties Act, ch.35, 1 Stat. 145, among its provisions is Sec. 62, 1 Stat. 175, authorizing establishment of the Revenue-Marine, since 1915 the United States Coast Guard.
- August 10, 1790: Tariff of 1790, ch. 39, 1 Stat. 180


Session 3

Held December 6, 1790, through March 3, 1791, at Congress Hall in Philadelphia

- February 18, 1791: Admission of Vermont postdated to March 4, ch. 10, 1 Stat. 191
- February 25, 1791: First Bank of the United States, ch. 10, 1 Stat. 191
- March 3, 1791: Tariff of 1791, ch. 15, 1 Stat. 199, which triggered the Whiskey Rebellion

Small Business and Entrepreneurship

- Senate Small Business and Entrepreneurship Committee. 

- Wikipedia: Small Business Act.

- Wikipedia: Small Business Administration.

- Wikipedia: Senate Committee on Small Business and Entrepreneurship.

What Is Public Policy?

In this final section we look at what governments actually do. The general term for this is public policy, and its simplest it can be defined as whatever governments choose to do. 

It's more complicated than that of course. 

Some of what government do is provide the basic services and goods that people demand. These includes 

Some various definitions: 

 From Project Citizens:

- Click here for it.

Getting scholars to agree on a single, all-inclusive definition of public policy is no easy task.
Broadly, we might say that a public policy is simply what government (any public official who influences or determines public policy, including school officials, city council members, county supervisors, etc.) does or does not do about a problem that comes before them for consideration and possible action.

Specifically, public policy has a number of key attributes:

Policy is made in response to some sort of issue or problem that requires attention.

Policy is what the government chooses to do (actual) or not do (implied) about a particular issue or problem.

Policy might take the form of law, or regulation, or the set of all the laws and regulations that govern a particular issue or problem.

Policy is made on behalf of the "public."

Policy is oriented toward a goal or desired state, such as the solution of a problem.

Policy is ultimately made by governments, even if the ideas come from outside government or through the interaction of government and the public.

Policymaking is part of an ongoing process that does not always have a clear beginning or end, since decisions about who will benefit from policies and who will bear any burden resulting from the policy are continually reassessed, revisited and revised.


No doubt, there are many problems in our communities that need to be solved. Some problems may readily be dealt with by actions taken in the private sphere (individuals and families) or by our civil society (social, economic, or political associations or organizations).

Public policy problems are those that must be addressed by laws and regulations adopted by government.

From ScotusBlog: Supreme Court rules against North Carolina Republicans over election law theory

- Click here for the article. 

- Moore v Harper.

In a major election-law decision, the Supreme Court ruled on Tuesday that although the Constitution gives state legislatures the power to regulate federal elections, state courts can supervise the legislature’s exercise of that power. By a vote of 6-3, the court rejected the so-called “independent state legislature theory,” holding that the North Carolina Supreme Court did not violate the Constitution when it set aside a congressional map adopted by the state’s legislature.

Justice Clarence Thomas dissented, in an opinion joined by two of his conservative colleagues, Justices Samuel Alito and Neil Gorsuch. Thomas would not have reached the “independent state legislature theory” question at all. Instead, he would have dismissed the case as moot – that is, no longer a live controversy.

The dispute began as a challenge to a congressional map adopted by that state’s Republican-controlled legislature in early November 2021. Democratic voters and non-profits argued that the new map was a partisan gerrymander – that is, it was drawn to favor one political party at another’s expense. In particular, they contended, although the state is roughly divided between Democrats, Republicans, and unaffiliated voters, the new map likely would have given Republicans 10 out of 14 seats in the U.S. House of Representatives.


What is the Independent State Legislature Theory?

The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state courts, governors, or other bodies with legislative power (such as constitutional conventions or independent commissions). ISL has been ruled against by all Supreme Court cases on the matter; most recently in June 2023, the Supreme Court ruled in a 6-3 decision that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory.

Advocates of ISL had grounded their interpretation in the Elections and Electors Clauses of the U.S. Constitution. Where state legislatures enact laws that conflict with their state constitutions, including provisions added to those constitutions through ballot initiatives passed by a state's citizens, proponents of ISL believed that state legislation rather than state constitutions take precedence. They also argued that only the federal courts, not state courts, can resolve conflicts between state laws and state constitutions with respect to administration of federal elections within a state.

 https://www.documentcloud.org/documents/23859205-sdfla_9_23-cr-80101-amc_34_2

Saturday, June 24, 2023

Key Terms: GOVT 2305 - Section 4

Chapter 5 - The Struggle for Civil Rights 

abolition
affirmative action
black power
Brown v Board
chicanismo
civil rights
civil liberties
Civil Rights Act of 1964
class action
Compromise of 1850
de facto discrimination
de jure discrimination
disproportionate impact
domestic dependent nation
Dred Scott v Sanford
Emancipation Proclamation
Equal Employment Commission
Equal Protection of the Laws
Equal Rights Amendment
Freedom Riders
Great Migration
Jim Crow
Literacy test
Missouri Compromise
NAACP
NOW
Plessy v Ferguson
Racial profiling
Reconstruction
Reframing the issue
School busing
Section 504
Seneca Falls Convention
the new Jim Crow


Chapter 6 - Public Opinion and Political Participation

Approval rating
Bandwagon effect
Boomerang effect
Civic voluntarism
Civil disobedience
Clicktivism
Demographic group
Din
Direct action
Electoral activities
Framing effects
Groupthink
Information shortcuts
Issue advocacy
Likely voters
Mandate
Margin of sampling error
Nonattitudes
Paradox of voting
Policy agenda
Political elites
Political mobilization
Political socialization
Push poll
Response bias
Sampling frame
Social capital
Survey research
Traditional participation
Voter turnout


Chapter 14 - Domestic and Foreign Policy

American exceptionalism
Budget resolution
Containment
Continuing resolution
Cost-benefit analysis
Discretionary programs
Entitlement program
Fair trade
Federal budget deficit
Federal poverty line
Fiscal policy
Fiscal year
Focusing event
Free trade
Grand strategy
Gross Domestic Product
Isolationism
Liberalism
Monetary Policy
Multilateralism
Multilateral organization
Policy agenda
Policy window
Preemptive war
Primacy
Protectionism
Realism
Security trap
Soft power
Theory of democratic peace
Trade deficit
Unilateralism
War Powers Act
World Trade Organization

Friday, June 23, 2023

From the Houston Chronicle: Hotze-owned Katy company can deny employment to LGBTQ workers without legal recourse, court rules

A battle of constitutional rights. Equal treatment versus religious exercise.

- Click here for the article.

Just days before Houston's annual LGBTQ Pride Celebration, one of the city's most outspoken LGBTQ opponents landed a huge circuit court victory, with a trio of high court judges finding that his Katy company could deny employment to gay and transgender workers.

A panel of lifetime appointees from the 5th U.S. Circuit Court of Appeals ruled Tuesday in favor of Bear Creek Bible Church and Braidwood Management Inc., a Christian-based company owned and controlled by ultraconservative talk radio host Steven Hotze, a perennial filer of lawsuits against progressive causes and champion of the anti-transgender bathroom bill, who spearheaded a voter fraud investigation that ended in an armed confrontation. The court determined that the nondenominational Christian church in Katy and Hotze's health and wellness business are not mandated to abide by federal discrimination law and can therefore decide for themselves whether to hire or keep employees based on their sexual orientation and gender identity.

Braidwood Management follows the belief among some Christians that "marriage is between one man and one woman," the court's opinion said. When the company brought the case challenging the U.S. Equal Employment Opportunity Commission, it said it wouldn't hire people who engage in "sexually immoral or gender non-conforming" behaviors. The Bear Creek church's bylaws state that “marriage is exclusively the union of one genetic male and one genetic female.”

The church and business' complaint was filed as a 2018 class action in Houston federal court, on behalf of Hotze, the U.S. Pastor Council and others seeking a religious exemption to federal laws that prohibit workplace discrimination. The suit highlighted the fact that same-sex marriage is on equal terms as opposite-sex marriage, under federal law, and that workplace protection ensure that employees have access to restrooms based on their "gender identity." These are two policies from which the religious organizations sought exemptions.

From Axios: Impeachment, censure and contempt fervor takes over Congress

A critical look at recent sessions of Congress.

An example of congressional dysfunction.

- Click here for the article. 

As House Republicans decry the weaponization of the federal government, they have been quick to wield their own power to impeach, censure and hold people in contempt of Congress.

Why it matters: Politicization is spiraling out of control, seeping into the congressional record as impeachment and censure resolutions far outpace the historical norm.

Driving the news:

The House voted 213-209 on Wednesday to censure Rep. Adam Schiff (D-Calif.) over his role in investigating the 2016 Trump campaign's ties to Russia.Schiff led impeachment efforts against the former president.

Other members are now champing at the bit to get their own impeachment resolutions to the floor. Rep. Lauren Boebert (R-Colo.) has sparked internal chaos by trying to force a vote on impeaching President Biden this week.

Rep. Marjorie Taylor Greene (R-Ga.) plans to follow suit and has filed five impeachment resolutions this Congress already.

By the numbers: House members have filed 12 impeachment resolutions this year, targeting Biden, Vice President Kamala Harris, Homeland Security Secretary Alejandro Mayorkas, Secretary of State Tony Blinken and others, according to data pulled by Quorum.Four were filed this month.
Four resolutions to censure Schiff and one to censure Rep. Bennie Thompson (D-Miss.), chair of the now-defunct House Jan. 6 committee, have been submitted since the start of the year.

House investigators have also made serious threats to hold contempt votes to force Biden officials to hand over more information.

Oversight Chairman James Comer (R-Ky.) canceled an effort at the last minute to hold FBI Director Christiopher Wray in contempt to pressure him into handing over a document detailed unsubstantiated bribery allegations against the Biden family.

Foreign Affairs Chair Michael McCaul (R-Texas) similarly pulled a contempt resolution against Blinken, after he was finally granted access to a sensitive Afghanistan memo.

Republicans also introduced a resolution recommending former federal prosecutor Mark Pomerantz be held in contempt of Congress for failing to comply with a subpoena related to the Manhattan DA's investigation of former President Trump.

The big picture: Still, the 2023 total falls short of the 26 impeachment, censure and contempt actions taken in 2021, which included steps taken by Democrats against Trump and other election deniers involved in Jan. 6.

Republicans also filed several impeachment and censure resolutions in 2021 against Biden officials and Democratic members.

 https://slate.com/tag/opinionpalooza

Congress fails to override Biden veto

 https://www.politico.com/news/2023/06/21/house-biden-veto-student-debt-00102993

https://www.politico.com/news/2023/06/01/senate-repeals-bidens-student-debt-relief-00099682

https://www.politico.com/news/2023/05/24/house-votes-repeal-biden-student-debt-plan-00098649

https://www.congress.gov/bill/118th-congress/senate-joint-resolution/11?q=%7B%22search%22%3A%5B%22sjres+22%22%5D%7D&s=1&r=8

 https://www.texastribune.org/2023/06/23/ercot-lawsuits-winter-storms/

Thursday, June 22, 2023

From Axios: Scientists on Twitter head for the exit

This fits with our look at both interest groups and the media - as well the quality of information we receive.

Some media formats fit the needs of certain groups, some don't.

- Click here for the article.

Twitter is "no longer a tool that's accelerating science. On the contrary," said Michael Mina, chief science officer at eMed and a pediatric immunologist who regularly used Twitter during the pandemic to talk about COVID.

He still uses Twitter, but sparingly, and expects he'll leave completely within the next six months, he said."

It allowed me to effectively and efficiently sift through the noise of this massive explosion of new publishers and journals and papers that were published," Mina told Axios."That has gone away. It's now another big noisy mess," he said, adding he no longer gets pointed to relevant experts while those with the most polarizing content get promoted and discourse is drowned out.

Twitter did not respond to a request for comment.

The big picture: Since Musk acquired Twitter last year, the company has made cuts to its trust and safety staff, restored accounts of users banned for spreading misinformation and removed the platform's system for verifying trusted accounts.

In comments to Axios as well as online, scientists and medical researchers have said they're increasingly finding it difficult to find relevant information on Twitter. A recent study found Twitter's new algorithms are amplifying anger more since Musk took over the platform.

Hotez told Axios he's seen a clear shift in anti-vaccine views as part of a well-organized, well-financed anti-science movement, and that's playing out on the platform.

Others say the platform has at times become "scary" for many health professionals amid anti-science rhetoric. That's particularly the case for women and people of color, Caballero said.

What to watch: Several Twitter alternatives are emerging but it's not clear which, if any, will become the new platform of choice for scientists.

Experts often point to Mastodon, Bluesky and Meta's planned Twitter rival as possible options. Many scientists have been publishing elsewhere for a while on platforms like Substack.
Caballero suggested the future may be in a "decentralized" social media platform that mirrors the distribution model of podcasts, which have platforms such as Spotify and Apple.

Online research-sharing could shift to a less public model, Mina suggested.

Key Terms: GOVT 2305 - Section 3

Terms from the chapter on Congress: 

Cloture Vote

 - Wikipedia: a motion or process in parliamentary procedure aimed at bringing debate to a quick end.

 - Wikipedia. History in the United States:

On 8 March 1917, during World War I, a rule allowing cloture of debate was adopted by the Senate by a vote of 76–3 at the urging of President Woodrow Wilson, after a group of 12 anti-war senators managed to kill a bill that would have allowed Wilson to arm merchant vessels in the face of unrestricted German submarine warfare. This was successfully invoked for the first time on 15 November 1919, during the 66th Congress, to end a filibuster on the Treaty of Versailles.


Invoking Cloture in the Senate.


From Senate.Gov: About Filibusters and Cloture.

_________

Legislative Committees

- Wikipedia: United States congressional committee.

A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. As "little legislatures", the committees monitor ongoing governmental operations, identify issues suitable for legislative review, gather and evaluate information, and recommend courses of action to their parent body.

- Congress.Gov: Committees of the U.S. Congress.

- U.S. Senate: Frequently Asked Questions about Committees.

- U.S. House: In Committee.

__________

Committee Hearings

- U.S. Senate: Hearings & Meetings.

__________

Committee Markup Session


- Congressional Caucus
- Earmark
- Filibuster
- Floor
- Legislative Hold
- President pro tempore
- Reapportionment
- roll call vote
- Speaker of the House
- Unanimous consent
- veto
- voice votes




The Presidency: 
- central clearance
- chief of staff
- civil servants
- delegated powers
- executive agreements
- Executive Office of the Presidency
- Executive order
- executive privilege
- expressed power
- going public
- imperial presidency
- inherent powers
- override
- political appointees
- political order
- signing statements
- unitary executive theory
- veto power

The Bureaucracy
- bureaucratic pathologies
- civil servants
- final rule
- FOIA
- overhead democracy
- Pendleton Civil Service Act
- Principal - Agent theory
- private contractors
- proposed rule
- regulatory capture
- spoils system
- street level bureaucrat
- universalistic policies
- whistleblower

The Judicial Branch
- amicus curiae
- circuit courts
- civil law
- clear and present danger
- common law
- concurrent opinion
- criminal law
- defendant
- dissent
- district courts
- judicial activism
- judicial restraint
- judicial review
- litigation
- Lochner Era
- majority opinion
- mediation
- plaintiff
- precedence
- rule of four
- stare decisis
- strict scrutiny

Wednesday, June 21, 2023

Some academic research on why people accept misinformation - or why some people just don't care if information is true or not

From Nature: Accuracy and social motivations shape judgements of (mis)information.

The extent to which belief in (mis)information reflects lack of knowledge versus a lack of motivation to be accurate is unclear. Here, across four experiments (n = 3,364), we motivated US participants to be accurate by providing financial incentives for correct responses about the veracity of true and false political news headlines. Financial incentives improved accuracy and reduced partisan bias in judgements of headlines by about 30%, primarily by increasing the perceived accuracy of true news from the opposing party (d = 0.47). Incentivizing people to identify news that would be liked by their political allies, however, decreased accuracy. Replicating prior work, conservatives were less accurate at discerning true from false headlines than liberals, yet incentives closed the gap in accuracy between conservatives and liberals by 52%. A non-financial accuracy motivation intervention was also effective, suggesting that motivation-based interventions are scalable. Altogether, these results suggest that a substantial portion of people’s judgements of the accuracy of news reflects motivational factors.

 

Partisans are more likely to entrench their beliefs in misinformation when political outgroup members fact-check claims.

The spread of misinformation has become a global issue with potentially dire consequences. There has been debate over whether misinformation corrections (or "fact-checks") sometimes "backfire," causing people to become more entrenched in misinformation. While recent studies suggest that an overall "backfire effect" is uncommon, we found that fact-checks were more likely to backfire when they came from a political outgroup member across three experiments (N = 1,217). We found that corrections reduced belief in misinformation; however, the effect of partisan congruence on belief was 5x more powerful than the effect of corrections. Moreover, corrections from political outgroup members were 52% more likely to backfire–leaving people with more entrenched beliefs in misinformation. In sum, corrections are effective on average, but have small effects compared to partisan identity congruence, and sometimes backfire--especially if they come from a political outgroup member. This suggests that partisan identity may drive irrational belief updating.

 
For more: Confirmation Bias: 

the tendency to search for, interpret, favor, and recall information in a way that confirms or supports one's prior beliefs or values.[1] People display this bias when they select information that supports their views, ignoring contrary information, or when they interpret ambiguous evidence as supporting their existing attitudes. The effect is strongest for desired outcomes, for emotionally charged issues, and for deeply entrenched beliefs. Confirmation bias cannot be eliminated, but it can be managed, for example, by education and training in critical thinking skills.



Links 6/21/2023

- The NAEP 2023 Long-Term Trend Age 13 Highlights Report is here!

- Senate Judiciary Committee Promises Supreme Court Ethics Hearing.

- Amazon ‘tricked’ customers into paying for Prime, new FTC suit alleges.

- Regulators are zeroing in how ‘dark patterns’ can trick users.

- Exclusive: OpenAI Lobbied the E.U. to Water Down AI Regulation.

- OpenAI’s CEO Goes on a Diplomatic Charm Offensive.

- Schumer says lawmakers ‘starting from scratch’ on AI regulation.

- Schumer launches ‘all hands on deck’ push to regulate AI in keynote address.

- Ogallala Aquifer.

- Texas Supreme Court.

- Most HISD schools targeted for reforms are well-performing, minority campuses, data shows.

- Texas’ pick to lead Houston’s schools used aggressive, polarizing methods in Dallas.

- HB 8.

What is Magna Carta?

Carl Douglas Kung Fu Fighting (Original Music Video)

 https://www.propublica.org/article/samuel-alito-luxury-fishing-trip-paul-singer-scotus-supreme-court

 https://www.texastribune.org/2023/06/21/mark-jones-texas-senate-2023-right-left/

 https://www.semafor.com/article/06/20/2023/donald-trump-used-to-brag-about-the-first-step-act-not-any-more

Tuesday, June 20, 2023

Information, Disinformation, and Misinformation

For previous posts on information, click here.

Terminology and Definitions

- Information: Information is an abstract concept that refers to that which has the power to inform. At the most fundamental level, information pertains to the interpretation (perhaps formally) of that which may be sensed, or their abstractions. Any natural process that is not completely random and any observable pattern in any medium can be said to convey some amount of information. Whereas digital signals and other data use discrete signs to convey information, other phenomena and artefacts such as analogue signals, poems, pictures, music or other sounds, and currents convey information in a more continuous form. Information is not knowledge itself, but the meaning that may be derived from a representation through interpretation.

- Information Literacy.

- - "set of integrated abilities encompassing the reflective discovery of information, the understanding of how information is produced and valued and the use of information in creating new knowledge and participating ethically in communities of learning"

- - "to be information literate, a person must be able to recognize when information is needed and have the ability to locate, evaluate and use effectively the needed information"

- - "Information literacy empowers people in all walks of life to seek, evaluate, use and create information effectively to achieve their personal, social, occupational and educational goals. It is a basic human right in a digital world and promotes social inclusion in all nations."

- - "techniques and skills" learned by the information literate "for utilizing the wide range of information tools as well as primary sources in molding information solutions to their problems" and drew a relatively firm line between the "literates" and "information illiterates."

- - “Knowledge is of two kinds: We know a topic for ourselves, or we know where we can find information upon it”. – Dr. Samuel Johnson 1775

- - “To know where you can find anything that in short is the largest part of learning”. - Anonymous

- Disinformation: . . . false information deliberately spread to deceive people. . . . Disinformation has been defined as "an adversarial campaign that weaponizes multiple rhetorical strategies and forms of knowing—including not only falsehoods but also truths, half-truths, and value-laden judgments—to exploit and amplify identity-driven controversies.

- Misinformation: . . . incorrect or misleading information. It differs from disinformation, which is deliberately deceptive and propagated information. Rumors are information not attributed to any particular source, and so are unreliable and often unverified, but can turn out to be either true or false. However, definitions of the terms might vary between cultural contexts. Even if later retracted, misinformation can continue to influence actions and memory. People may be more prone to believe misinformation because they are emotionally connected to what they are listening to or are reading. The role of social media has made information readily available to society at anytime, and it connects vast groups of people along with their information at one time. Advances in technology has impacted the way people communicate information and the way misinformation is spread. Misinformation has impacts on societies' ability to receive information which then influences our communities, politics, and medical field.

- Fact-checking: . . . the process of verifying the factual accuracy of questioned reporting and statements. Fact-checking can be conducted before (ante hoc) or after (post hoc) the text or content is published or otherwise disseminated. Internal fact-checking is such checking done in-house by the publisher to prevent inaccurate content from being published; when the text is analyzed by a third party, the process is called external fact-checking.

Research suggests that fact-checking can indeed correct perceptions among citizens, as well as discourage politicians from spreading false or misleading claims. However, corrections may decay over time or be overwhelmed by cues from elites who promote less accurate claims. Political fact-checking is sometimes criticized as being opinion journalism. A review of US politics fact-checkers shows a mixed result of whether fact-checking is an effective way to reduce misconceptions, and whether the method is reliable.

The Separation of Powers



From the NCSL: Separation of Powers: An Overview.

The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher. His publication, Spirit of the Laws , is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.

Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.

The traditional characterizations of the powers of the branches of American government are:

The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.

The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.

The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

Forty state constitutions specify that government be divided into three branches: legislative, executive and judicial. California illustrates this approach; "The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution."

While separation of powers is key to the workings of American government, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers. Governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to be neatly compartmentalized. As a result, there is an inherent measure of competition and conflict among the branches of government. Throughout American history, there also has been an ebb and flow of preeminence among the governmental branches. Such experiences suggest that where power resides is part of an evolutionary process.


From the United States Courts: Separation of Powers in Action - U.S. v. Alvarez.

U.S. v. Alvarez is an excellent example of how the three branches each exercise their authority.

In a Nutshell

The Legislative Branch – Congress – passed the Stolen Valor Act of 2005, punishing those who misrepresent that they have received high military honors.

The Judicial Branch – the Supreme Court of the United States – ruled in 2012(link is external) that the Act was unconstitutional because it infringed on the right to free speech protected by the First Amendment.

The Executive Branch – the Pentagon and the President – took action within a month of the Supreme Court's decision establishing a government-funded national database of medal citations – phased in over time – to enable verification of military honors.

The Legislative Branch – Less than a year after Alvarez was decided, Congress responded with legislation that sought to remedy the constitutional problems in the 2005 legislation, which the Supreme Court decided in U.S. v. Alvarez were in violation of the First Amendment.

The new legislation continues the prohibition on false claims of military honors in instances outside the protection of the First Amendment. However, the Stolen Valor Act of 2013 narrowed the original legislation in the following ways:Repealed the prohibition against wearing such awards without legal authorization.

Limited the prohibition to wearers who act "fraudulently" and "with intent to obtain money, property, or other tangible benefit."

Limited the prohibition to the Congressional Medal of Honor and certain, specified decorations or medals.


From the Iowa Legislature: 

Separation of powers doctrine is based on the notion that each branch of government has its own unique set of powers and that these powers are exclusive and not to be exercised by another branch of government.4 This characterization is not completely mechanistic and the Iowa Supreme Court has recognized that the lines of demarcation between the branches of government are not always so clearly drawn and that the concept of separation of powers must be viewed with a certain amount of pragmatism and cooperation. In fact, the Iowa Supreme Court has noted that some functions of government can be properly entrusted to more than one branch and some functions inevitably intersect, making “harmonious cooperation” among the three branches of government fundamental to the operation of government. Still, traditional separation of powers doctrine provides that a violation occurs if a branch of government purports to use powers not granted to it by the Constitution or usurps powers granted by it to another branch. Important in separation of powers analysis is an understanding of the nature of the powers of each separate branch of government.

The traditional characterization of these powers is that the legislative power is the power to make, alter, and repeal laws; the executive power is the power to execute the laws; and the judicial power is the power to construe and interpret the Constitution and laws, and to apply them and decide controversies.