Saturday, August 31, 2024

From the Washington Post: The quiet technocrat who steered Biden’s effort to tighten the border

We touch on power in this class and try to figure out where it is located. 

One possibility is that it is embedded within the decisions made by the members of the bureaucracy - that part of the executive branch that actually makes the law.

Relevant Terms: 
 - technocracy.

- Click here for the article.

The lead architect of President Joe Biden’s border strategy is not Vice President Kamala Harris, despite persistent Republican claims to the contrary. That role belongs to a bookish, little-known policy adviser named Blas Nuñez-Neto.

A data-driven technocrat, Nuñez-Neto has helped engineer Biden’s pivot toward tougher border enforcement and sweeping restrictions on asylum — moves that contributed to a nearly 80 percent drop in illegal crossings since December.

The transformation is shoring up one of Democrats’ biggest vulnerabilities ahead of the Nov. 5 presidential election and potentially defusing a top-polling issue for Republican nominee Donald Trump. After three years of record crossings, the U.S.-Mexico border is quieter and more controlled today than at any point since late 2020, before Trump left office.

Nuñez-Neto pulled that off by steering the administration back to a border policy framework Democrats used to embrace more easily, according to current and former administration officials. The formula: Be generous and welcoming to immigrants seeking to come lawfully, but stingy and firm with those who don’t.

The White House declined to make Nuñez-Neto available for an interview. Biden officials said the administration’s border policy moves have been shaped by senior White House officials and Homeland Security Secretary Alejandro Mayorkas, whom Nuñez-Neto worked for before being promoted to the White House in June.

In a statement, White House spokesperson Angelo Fernández Hernández said Biden “believes it is a false choice to say we have to walk away from being an America that embraces immigration in order to secure our border.”


Friday, August 30, 2024

Seen on the wall at my local veterinarian office: Licenses

Seen after I picked up my cat after having him neutered (sorry bud).

- I took him(?) here.

You have to earn one of these from the state of Texas in order to ply your trade.


For our look at the political differences between the two major parties:

There are many ways to measure it. This is just one of them.



Wednesday, August 28, 2024

From The Washington Post: She was accused of a crime for taking a ballot selfie. Now she’s suing.

For out look at the Bill of Rights and Free Speech and Press.

- Click here for the story.

Like many North Carolina residents, Susan Hogarth visited her local school in March to vote in the primary election.

After filling in the ovals next to the names of two Libertarian Party candidates, Hogarth held the ballot under her chin and took a photo of herself with her phone. She posted the selfie from the voting booth on X.

The next week, Hogarth received a letter from the North Carolina State Board of Elections that accused her of committing a misdemeanor, according to a new lawsuit.

North Carolina is one of several states that prohibit taking photos or videos of filled-in ballots. The state’s board of elections said ballot photos “could be used as proof of a vote for a candidate in a vote-buying scheme.”

The state board asked Hogarth to remove her selfie from X, according to a copy of a letter shared by Hogarth’s attorneys. Hogarth refused, and on Thursday she filed a lawsuit arguing that the state’s ban on ballot photos violates voters’ First Amendment rights.

The lawsuit, filed in U.S. District Court for the Eastern District of North Carolina, named members of North Carolina’s and Wake County’s boards of elections as defendants. Spokespeople for both boards declined to comment.

Hogarth voted on March 5 at Yates Mill Elementary School in Raleigh, where she entered a booth that was sectioned off on a table by a privacy screen. She filled in her votes for Libertarian Party presidential candidate Chase Oliver and Libertarian Mike Ross for the state’s governor.

Her selfie showed her ballot and a sign in the background that said photos were prohibited. She posted the selfie after leaving the polling place that morning, writing that she disagreed with the ban.

. . . Hogarth found that she wasn’t the only person to disagree with the regulations. Many states restrict what ballot photos are allowed and where they can be taken — an issue that came into the national spotlight in 2016 when singer Justin Timberlake removed a selfie of his Tennessee ballot from Instagram.

New Hampshire passed a law prohibiting ballot selfies in 2014, but two courts struck down the ban after calling it unconstitutional. California and Colorado began allowing ballot selfies in 2017 after reversing long-standing laws.

A federal judge in New York, meanwhile, refused to authorize ballot selfies in 2017, saying the absence of photos in polling places protects against fraud and prevents delays at the polls. Texas prohibits photographs within 100 feet of a polling station.

The U.S. Constitution: Article 1, Section 8, Clause 8

We had a brief talk in class about this section in the U.S. Constitution because one student expressed an interest in becoming a patent lawyer (I think that was the goal). 

The U.S. Constitution contains a clause concerning intellectual property rights. 

Here it is: 

Clause 8 Intellectual Property

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

Here are a few readings related to that right: 

- ArtI.S8.C8.1 Overview of Congress's Power Over Intellectual Property

- ArtI.S8.C8.2 Historical Background

ArtI.S8.C8.2.1 English Origins of Intellectual Property Law

ArtI.S8.C8.2.2 Framing and Ratification of Intellectual Property Clause

- ArtI.S8.C8.3 Copyrights

ArtI.S8.C8.3.1 Authorship, Writings, and Originality

ArtI.S8.C8.3.2 Limited Times for Copyrights and the Progress of Science

ArtI.S8.C8.3.3 Copyright and the First AmendmentArtI.S8.C8.4 Patents

ArtI.S8.C8.4.1 Inventorship and Utility

ArtI.S8.C8.4.2 Patent-Eligible Subject Matter

ArtI.S8.C8.4.3 Constitutional Constraints on Congress's Power Over Granted Patents

ArtI.S8.C8.5 Federal Power Over Trademarks

ArtI.S8.C8.6 State Regulation of Intellectual Property

From NPR: Australia is the latest country to give workers the 'right to disconnect' after hours

We will discuss the unenumerated rights.

Might this be one? 

Would this be recognized by the U.S. Supreme Court?

- Click here for the article.


Millions of Australians just got official permission to ignore their bosses outside of working hours, thanks to a new law enshrining their "right to disconnect."

The law doesn't strictly prohibit employers from calling or messaging their workers after hours. But it does protect employees who "refuse to monitor, read or respond to contact or attempted contact outside their working hours, unless their refusal is unreasonable," according to the Fair Work Commission, Australia's workplace relations tribunal.

That includes outreach from their employer, as well as other people "if the contact or attempted contact is work-related."

The law, which passed in February, took effect on Monday for most workers and will apply to small businesses of fewer than 15 people starting in August 2025. It adds Australia to a growing list of countries aiming to protect workers' free time.

"It's really about trying to bring back some work-life balance and make sure that people aren't racking up hours of unpaid overtime for checking emails and responding to things at a time when they're not being paid," said Sen. Murray Watt, Australia's minister for employment and workplace relations.

The law doesn't give employees a complete pass, however.

The law says a person's refusal to respond will be considered unreasonable under certain conditions, taking into account the seniority of the employee, their personal circumstances (including caregiving responsibilities), the reason for the contact, and how much disruption it causes them.

For more: 

- Right to disconnect.

- Human Rights.

Tuesday, August 27, 2024

From NPR: RFK is unable to withdraw his name from ballots in some swing states

An independent presidential candidate has withdrawn from the race, but the ballots in some states have been set and can no longer be changed.

- Click here for the article.

After spending several months and millions of dollars overcoming onerous requirements to try to get on the ballot in all 50 states, Robert F. Kennedy Jr. is now facing new barriers to get off the ballot in some states.

Last Friday, Kennedy announced he was effectively ending his independent presidential campaign, encouraging his supporters to vote for him in noncompetitive states, but to support Republican Donald Trump in others.

“In about 10 battleground states where my presence would be a spoiler, I'm going to remove my name, and I've already started that process and urge voters not to vote for me,” Kennedy said.

But an NPR review finds it may not be possible for Kennedy to remove his name from ballots in the three of seven key swing states: Michigan, North Carolina and Wisconsin.

“Every state has different procedures and deadlines with regard to ballot access and withdrawal, but the later a withdrawal happens, the harder it is for a state to remove a name from a ballot,” said David Becker, executive director of the Center for Election Innovation & Research. “Some states have deadlines that have passed, and many states have already begun the process of printing ballots.”

Before his announcement, Kennedy's campaign said it had gathered enough signatures to appear on 47 ballots and officially gained access in 22 states.

From the New York Tines: Special Counsel Revises Trump Election Indictment to Address Immunity Ruling

This article illustrates a current conflict between the executive branch and the judicial branch.

- Click here for it.

Let's define a few terms in the title first: 

- Special Counsel.
- Indictment.
- Immunity.
- Trump Election Indictment.
- Immunity Ruling.   

From the article: 


Federal prosecutors on Tuesday issued a pared-down version of an indictment accusing former President Donald J. Trump of plotting to overturn the 2020 election, stripping out some charges and tweaking others to help the case survive the Supreme Court’s recent ruling granting former presidents broad immunity.

The revised indictment, issued in Federal District Court in Washington, represented an attempt by prosecutors in the office of the special counsel, Jack Smith, to preserve the bulk of their case against the former president while bringing the allegations into line with the Supreme Court’s landmark ruling that former presidents are immune from criminal prosecution for many official acts taken while in office.

It kept the basic structure of the first indictment, issued nearly 13 months ago, which accused Mr. Trump of intersecting plots to overturn the results of the 2020 election. The thrust of the changes was to remove any discussion from the indictment of any allegations that might be construed as related to Mr. Trump’s official acts as president while also contending that others acts should be interpreted as the conduct of a private candidate for office.

The tone of the new charges was apparent from the first paragraph of Mr. Smith’s filing, which described Mr. Trump as “a candidate for president of the United States in 2020.” The original indictment had referred to him as “the 45th President of the United States and a candidate for re-election in 2020.”

From the Washington Post: Cellphone bans spread in schools amid growing mental health worries

A lot of public state level policies start small, and then spread quickly. 

This just might be the latest. 

Notice that this is framed as a mental health issue. This is meant to make these proposals seem more urgent.

- Click here for the story.

Students returning to school in a growing number of states and districts are facing tight restrictions and outright bans on cellphone use as evidence mounts of the damaging impact persistent connection to the internet has on teenagers.

In Los Angeles, the second-largest district in the country, the school board voted in June to ban cellphone use. In Clark County, Nev., the district will require students in middle and high schools to store phones in pouches during the day, starting this fall. Several states — including Indiana, Louisiana, South Carolina and Florida — have enacted legislation limiting cellphone access during the school year. And governors in at least three other states, including Virginia, have called on schools to restrict or ban the devices. Other states have provided funding to support restrictive policies.

Of the nation’s 20 largest school districts, at least seven forbid use of cellphones during the school day or plan to do so, while at least another seven impose significant restrictions, such as barring use during class time but permitting phones during lunch or when students are between classes, according to a Washington Post review.

From the Houston Chronicle: Fort Bend ISD approves library book policy criticized as 'most restrictive' in Texas

Pearland and Turner High Schools are both in the Pearland Independent School District. I'm not sure what its policy is, might be worth a look.

Some of the language below is drawn from Supreme Court cases regarding the legality of obscenity. 


- Click here for the article.


The Fort Bend ISD board voted to approve a library book policy on Monday that critics have called the “most restrictive in the state of Texas.”

The board voted 5-2 to approve the policy that allows the superintendent to have sole authority to remove content from library shelves, meaning that the mandated library materials review committee will be optional going forward.

Critics, who turned out to oppose the vote, said this library policy could result in hundreds of books being taken off Fort Bend ISD library shelves.

. . . Most trustees said the policy was not meant to ban books but to remove explicit content from library shelves.

. . . the policy edited to address some of the community’s concerns, such as banning books that “stimulate sexual desire” among minors, a vague statement without directions as to how that would be decided.

The updated policy mandates that content must not “promote sexual activity among minors or contain graphic images or explicit descriptions of sex acts or simulations of such acts,” and does not describe what “simulations of sex acts” means.

The policy also stipulates that library books “foster growth in … aesthetic values and societal standards,” two terms that are not defined.

It also mandates that content not promote “unlawful” activity, such as illegal use of alcohol, tobacco and drugs by minors. The original policy proposed that content in elementary schools must not depict or describe nudity in a way that “appeals to prurient interest,” but it was amended to remove that sentence and then add a new sentence that read instead that no depictions of sexual activity promoted the touching of genitals among minors.

Prurient, according to the Merriam-Webster dictionary, is defined as “arousing, or appealing to sexual desire.”

The policy was edited to add the term “or superintendent’s designee” in some areas to allow the superintendent to delegate the library materials tasks to someone else, which trustee David Hamilton said came in response to community feedback. Still, the policy as written does leave the authority with the superintendent to either make decisions himself or to choose whom to delegate those decisions to.

Sunday, August 25, 2024

Comments?



 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=6889&context=faculty_scholarship

 


In the News - 8/25/24

Worth perusing: 


- Head of Latino Democratic group among those targeted by AG Ken Paxton's voter fraud raids.

Longtime Bexar County political consultant Manuel Medina was among a group of Latino Democrats whose homes were raided Tuesday as part of a voter fraud investigation by Texas Attorney General Ken Paxton.


Dozens of Sugar Land residents ask city leaders how proposed power plant would benefit them.

Sugar Land residents lined up last week demand more information from their mayor and other leaders on the city's plans to construct a natural gas power plant. Dozens of people who appeared at the New Territory Homeowners Association Wednesday raised concerns about the proposed plant's proximity to residential areas and its potential health impacts. Many of those in attendance said the decision to build a power plant should have been subject to a vote, giving them the opportunity to weigh in.


Judge Blocks E.P.A. From Using Civil Rights Law in Pollution Case.

A federal court in Louisiana has dealt a serious blow to the Biden administration’s effort to protect communities heavily affected by toxic industrial pollution.

The U.S. District Court for the Western District of Louisiana ruled on Wednesday that the Environmental Protection Agency is barred from using the federal civil rights law to prevent Louisiana from granting permits for numerous polluting facilities in minority and low-income communities.

Title VI of the 1964 Civil Rights Act allows the E.P.A. to investigate whether state programs that receive federal money are discriminating on the basis of race, color or national origin.

But the judge’s ruling effectively means that the federal government is limited to taking action against specific agency decisions that are intentionally discriminatory. The E.P.A. cannot, however, consider cumulative or “disparate” environmental harms. That means the state cannot be held liable for actions like allowing several chemical plants, refineries and other industrial operations in minority communities.

Friday, August 23, 2024

Fall 2024: For GOVT 2305 - Are the Major Parties Realigning?

As you are probably aware, the United States has a two party system. Since the 1850s the two major parties have been the Democrats and the Republicans. Later in the semester we will discuss the factors that have led to - and maintain - a two party system.

Each is a coalition composed of various factions, which are groups that are driven by single issues, or a small amount of related issues. They can include labor, racial groups, business people, religious organizations, and many more. 

Scholars have noted that these factions sometimes shifts alliances. For a while one might align - for example - with the Democrats and then shift over to the Republicans. Shifts in the competitiveness of the two parties are generally the result of these shifts. When they occur significantly they can lead to a partisan realignment. 

Scholars tell us that there have been 6 such realignments over American history, they have also been on the lookout for a seventh. Indications exist that we have been witnessing such a shift since 2016. 

I want you to determine whether that is true, and whether the results of the 2024 elections are further evidence that this is happening. I'll need data to back up your argument.

Aside from reading the chapters on parties and elections early, you should get familiar with the following: 

- winner take all elections
- party coalitions
- party eras
- critical elections

That's just a start. I'll add more. 

Nuts and Bolts: 

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

Fall 2024: For GOVT 2306 - Is Texas Becoming a Swing State?

Since the 1990s Texas has been a reliably Republican state. While this isn't the case for local elections in the major metropolitan areas, it is very true for state-wide elections. No Democrat has won a statewide race since 1994. 

Demographic changes have made Texas more competitive however, at least on paper. Democrats have been hoping to take advantage of these shifts in order to turn Texas from being a red (Republican dominated) state to a purple state (where Republicans and Democrats are equally competitive), if not a blue state (where Democrats dominate).

However, other factors make this more difficult. Chief among them is the fact that Republican participation rates are higher than those of Democrats.

The Democrat's new presidential candidate is polling well in the state, which had led some to wonder if Texas will become a swing state - like Arizona among others. While we wont know until the 2024 election is over, we can look at data in order to see whether this is a possibility.

That's what I want you do find out in this exercise.

You might want to take an early look at some of the material in your textbook on parties and election in order to get a handle on the question. 

In addition, try to become more familiar with the following: 

- party identification
- voter turnout
- voter mobilization
- political culture

I'll add more a we proceed, but get going on this early.

The basics:

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

Thursday, August 22, 2024

For our ongoing look at the judiciary, a few topical court cases

- Federal judge strikes down FTC rule banning noncompete agreements.

A federal judge in Texas on Tuesday struck down the Federal Trade Commission’s ban on noncompete agreements, finding that the agency exceeded its authority with a rule that would have voided contracts that bar workers from moving to rival employers.

In a 27-page opinion, U.S. District Judge Ada Brown found that the FTC lacked the statutory authority to issue the rule, which would have taken effect Sept. 4. In reaching her decision, Brown wrote that the “FTC’s promulgation of the Rule is an unlawful agency action.”

- NFL scores huge victory in 'Sunday Ticket' case after judge overturns $4.7 billion verdict against league.

The NFL scored a huge victory in court on Thursday when U.S. District Judge Philip Gutierrez decided to overturn the $4.7 billion verdict against the league that was handed out back in June.

During a hearing on Wednesday in Los Angeles, the league asked the court to throw out the verdict, and after thinking things over for 24 hours, Gutierrez granted the league's wishes.

In his judgement that came out on Thursday, Gutierrez said that two expert witnesses who talked about the financial ramifications of 'Sunday Ticket' used "flawed methodologies."

"The court agrees that Dr. Rascher's and Dr. Zona's testimonies based on their flawed methodologies should be excluded," Gutierrez wrote. "And because there was no other support for the class-wide injury and damages elements of the plaintiffs' claims, judgement as a matter of law for the defendants is appropriate."


Former staffer of Congressman Troy Nehls sues office, alleging homophobic work environment.

A gay former staffer of Houston area U.S. Rep. Troy Nehls has sued the congressman's office, alleging a homophobic workplace.

Alex Chadwell worked at Republican congressman's office from 2021-2023 as a legislative correspondent and field representative. Chadwell also worked on Nehls’ campaign in 2019, according to the lawsuit.

While Chadwell worked at the office, he alleges that he was subjected to offensive comments about being gay and gay people in general from Nehls, his chief of staff and special adviser, according to the lawsuit, which was filed on Friday. Chadwell said he was told that the office would never support LGBTQ+ issues and that gay people shouldn’t be let into the military. Those colleagues also made offensive remarks, such as “Adam and Eve, not Adam and Steve,” and that gay people would all go to hell, according to the lawsuit.


Supreme Court’s ‘shadow docket’ returns with a vengeance.

In coming days, the high court is expected to tackle short-fuse challenges to President Joe Biden’s latest effort to reduce student debt and to cut planet-warming pollution by limiting power plant emissions. And the court must decide whether Arizona, a presidential battleground, may require thousands of people to prove their US citizenship before voting this year. Also pending is a fight over Biden’s requirement that family planning clinics that receive federal public health funding provide referrals for abortions for patients who request it.

The court’s emergency docket – the “shadow docket,” to critics – is where the justices deal with questions that need resolution faster than the months it can take to submit briefs, hear oral arguments and draft formal opinions on its regular docket. The cases usually deal with the narrow question of what will happen as that underlying legal process plays out. But the orders can have significant and immediate real-world consequences.


For our look at judicial conflict between the governments of the states and the United States

- Interactive: Texas vs. the Federal Government.

- Multistate lawsuits against the federal government during the Biden administration.

- ArtIII.S2.C1.13.4 Suits Against the United States and Sovereign Immunity.

- STATE LITIGATION AND AG ACTIVITY DATABASE.

When Can a State Sue the United States?

Monday, August 19, 2024

From the White House: Remarks by Vice President Harris at a Campaign Event in Raleigh, NC

Vice President Kamala Harris laid out her economic proposals in a speech on August 16 given at a community college in North Carolina.

Let's walk through it and see what she says: 

- Click here for the transcript.

Here are some parts that we can analyze in class: 

- As attorney general in California, I went after companies that illegally increased prices, including wholesalers that inflated the price of prescription medication and companies that conspired with competitors to keep prices of electronics high. I won more than $1 billion for consumers. So, believe me, as president, I will go after the bad actors. And I will work to pass the first-ever federal ban on prou- — price gauging [gouging] on food. My plan will include new penalties for opportunistic companies that exploit crises and break the rules, and we will support smaller food businesses that are trying to play by the rules and get ahead.

- As president, I’ll attack and take on the issue of the cost of health care. As attorney general, I took on insurance companies and Big Pharma and got them to lower their prices. And together with President Biden, we’ve gone even further. We capped the price of insulin at $35 a month and the total cost — (applause) — and the total cost of prescription drugs at $2,000 a year for seniors. We let Medicare negotiate lower drug prices for seniors. And just yesterday — and just yesterday, we announced that we are lowering the price by up to 80 percent for 10 more lifesaving drugs. And I pledge to continue this progress. I’ll lower the cost of insulin and prescription drugs for everyone with your support, not only our seniors — (applause) — and demand transparency from the middlemen who operate between Big Pharma and the insurance companies, who use opaque practices to raise your drug prices and profit off your need for medicine. Two months ago, I announced that medical debt will no longer be used against your credit score. (Applause.) And I will work, as president, with states like here in North Carolina — Roy Cooper, thank you again — to cancel medical debt for more and more — millions more Americans.

- So, now, the housing market can be complicated, but, look, I’m not new to this issue. As state attorney general, I drafted and helped pass a homeowner bill of rights, one of the first in America. And during the foreclosure crisis, I took on the big banks for predatory lending with many of my colleagues, including Roy Cooper, and won $20 billion for California families when I was attorney general.

. . . As president, I will work in partnership with industry to build the housing we need, both to rent and to buy. We will take down barriers and cut red tape, including at the state and local levels. And by the end of my first term, we will end America’s housing shortage by building 3 million new homes and rentals that are affordable for the middle class, and we will do that together. We will do that together. And — and we will make sure those homes actually go to working- and middle-class Americans not just investors.

. . . Some corporate landlords collude with each other to set artificially high rental prices, often using algorithms and price-fixing software to do it. It’s anticompetitive, and it drives up costs. I will fight for a law that cracks down on these practices. We also know that as the price of housing has gone up, the size of down payments have gone up as well. Even if aspiring homeowners save for years, it often still is not enough. So, in addition, while we work on the housing shortage, my administration will provide first-time homebuyers with $25,000 to help with the down payment on a new home.

- Under my plan, more than 100 million Americans will get a tax cut, and we will do this by restoring two tax cuts designed to help middle-class and working Americans: the Earned Income Tax Credit — (applause) — and the Child Tax Credit — (applause) — through which millions of Americans with children got to keep more of their hard-earned income. We know this works and has a direct impact on so many issues, including child poverty. We know it works. So, as president, I’ll not only restore that tax cut but expand it. We will provide $6,000 in tax relief to families during the first year of a child’s life.


Here are the basics:

- Food Price Gouging
- Health Care Costs
- Housing Costs
- Tax Cuts


 

 https://www.washingtonpost.com/technology/2024/08/19/artificial-intelligence-mayor-cheyenne-vic/

Sunday, August 18, 2024

Can the 2024 Presidential Election be stolen?

Critics of Donald Trump argue that this is a possibility. 

How might they do this? 

The thinking is that elections results will be challenged, and the results will not be certified by local officials. 

Here are thoughts on that possibility: 

- From The Guardian: ‘A different level than 2020’: Trump’s plan to steal election is taking shape.

- WBRU: How the 2024 U.S. presidential election could be stolen.

- New York Times: Here Is One Way to Steal the Presidential Election.

- Brennan Center for Justice: How States Can Prevent Election Subversion in 2024 and Beyond.

Rolling Stone: Biden Is Building a ‘Superstructure’ to Stop Trump From Stealing the Election.



Friday, August 16, 2024

From Ballotpedia: Donald Trump presidential campaign staff, 2024

For our look at the people managing the presidential campaigns this year.

- Click here for it

Chris LaCivita - Co-campaign manager

Susie Wiles - Co-campaign manager

Brian Jack - Senior advisor

Jason Miller - Senior advisor

Steven Cheung - Communications director

Karoline Leavitt - National press secretary

From Ballotpedia: Kamala Harris presidential campaign staff, 2024

For our look at the people managing the presidential campaigns this year.

- Click here for it

Julie Chávez Rodríguez - Campaign manager

Jennifer O'Malley Dillon - Campaign chairwoman

Quentin Fulks - Principal deputy campaign manager

Becca Siegel - Senior advisor

Michael Tyler - Communications director

Mia Ehrenberg -  National spokesperson

Charles Lutvak - National spokesperson

Kevin Muñoz - Media relations

Roohi Rustum - National organizing director

Wednesday, August 14, 2024

 Harris County Dems pick Turner to replace Jackson Lee


https://www.houstonchronicle.com/politics/houston/article/precinct-chairs-select-sylvester-turner-replace-19607835.php


Monday, August 12, 2024

 https://www.propublica.org/article/inside-project-2025-secret-training-videos-trump-election

From Ballotpedia: Presidential election key staffers, 2024

Who is running the campaign for the people running for president?

- Click here for the link.

For Kamala Harris: Click here.
For Donald Trump: Click here.

From Ballotpedia: What is a campaign staff?

Campaign staff plays an important role in presidential elections. The makeup of a candidate's staff can signal the strength of their support from influential party activists and whether they are aligning with a particular faction or group within the party. Eric Appleman of Democracy in Action describes candidates' efforts to hire staffers as a "race for talent, both nationally and in key early states." He adds, "The goal is to assemble a team of top talent that can work together effectively to mobilize resources, boost the candidate and his or her message, and ultimately secure the party's nomination."

Presidential candidates will typically have a national staff, which is overseen by a
- campaign manager and assisted by
- political consultants,
- senior advisors,
- professional polling firms, and
- key stakeholders such as
- - interest group leaders and
- - major financial supporters.

They also build organizations in individual states that are overseen by state directors and staffed by - party activists and
- political professionals well-versed in the particular politics of the area. Candidates often appoint elected officials and other important figures in their party's coalition as chairs of their national campaign and state-level campaigns.

Dear ChatGPT: What is a campaign staffer?

A campaign staffer is someone who works on a political campaign, helping to manage various aspects of the campaign's operation. Their roles can vary widely, depending on the size and scope of the campaign, but generally include tasks like
- organizing events
- managing communications
- conducting outreach to voters
- handling social media
- coordinating logistics.

In larger campaigns, staffers might have specific titles and responsibilities, such as
- field organizers who work on voter outreach,
- communications directors who handle media relations, or
- finance directors who manage fundraising efforts.

In smaller campaigns, staffers might wear multiple hats and take on a variety of tasks. Essentially, their goal is to support the candidate and help ensure the campaign runs smoothly and effectively. 

Friday, August 9, 2024

Notes From the 1875 Texas Constitution

- Click here for a transcript

9/6/1875

- Proclamation by Richard Coke
- - Richard Coke.
- - Charles S. West.
- - John Wilkins Whitfield.
- - 81 delegates "answered their names"
- - Edward Bradford Pickett.
- - Leigh Chalmers
- - Joe Owens (AA?)

9/7/1875


- - John Reagan.
- - 

21 Committees established
- Federal Relations
- State Affairs
- Bill of Rights
- Legislative Department
- Judicial Department
- Executive Department
- General Provisions
- Suffrage
- Education
- Agriculture and Stock-raising
- Publie Lands and Land Office
- Immigration
- Crime and Punishment
- Counties and County Lands
- Municipal Corporations
- Railroad Corporations
- Private Corporations
- Revenue and Taxation
- Printing and Contingent Expenses
- Engrossed and Enrolled Ordinances
- Style and Arrangement
Committee structure and assignments made by: 
- E L Dorothy, Chairman
- L. W. Moore
- Geo. McCormick
- N H Darnell
- John Henry Brown
- Jno L Henry

9/8/1875
- discussions of the proper per diem.
- high per diem argued to lead to more legislation
- not interested in talent
- "retrenchment"

9/9/1875
- resolutions sent to committees

9/10/1875
- discussion of contracting a printer

9/11/1875


9/13/1875


9/14/1875


9/15/1875
- a member resigned - how to replace him?


9/16/1875



Monday, July 29, 2024

The Nonintercourse Act, Aboriginal Title, and Indian Agents

A central concern of the national government was regulating the relationships that existed between Americans and the indigenous populations.


- The Nonintercourse Act.

The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the United States Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set boundaries of American Indian reservations. The various acts were also intended to regulate commerce between White Americans and citizens of Indigenous nations. The most notable provisions of the act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783.


- Aboriginal title in the United States.

The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish aboriginal title, if their ancestors held title as individuals. Unlike other jurisdictions, the content of aboriginal title is not limited to historical or traditional land uses. Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust.

The power of Congress to extinguish aboriginal title—by "purchase or conquest," or with a clear statement—is plenary and exclusive. Such extinguishment is not compensable under the Fifth Amendment, although various statutes provide for compensation.


- Indian Agents.

The federal regulation of Indian affairs in the United States first included development of the position of Indian agent in the Nonintercourse Act of 1793, a revision of the original 1790 law. This required land sales by or from Indians to be federally licensed and permitted. The legislation also authorized the President to "appoint such persons, from time to time, as temporary agents to reside among the Indians," and guide them into acculturation of American society by changing their agricultural practices and domestic activities.  Eventually, the U.S. government ceased using the word "temporary" in the Indian agent's job title.

Sunday, July 28, 2024

Behind Closed Doors: The REAL Reason Biden Stepped Down

A great analysis of political power in the current environment.

An example of oversight from the House Judiciary Committee: Oversight of the Federal Bureau of Investigation

- Click here for the hearing

WASHINGTON, D.C. – The House Judiciary Committee will hold a hearing on Wednesday, July 24, 2024, at 10:00 a.m. ET. The hearing, "Oversight of the Federal Bureau of Investigation," will examine the FBI’s investigation into the assassination attempt against President Trump and the ongoing politicization of the nation's preeminent law enforcement agency under the direction of FBI Director Christopher Wray and Attorney General Merrick Garland.

WITNESS: The Honorable Christopher Wray, Director, Federal Bureau of Investigation - testimony


Key Terms: 

- Congressional Oversight.

- Checks and Balances.

- Standing Committees.

- House Judiciary Committee.

House Committee on Oversight and Accountability.

Department of Justice.

- Federal Bureau of Investigation.

Thursday, July 25, 2024

Soft and Hard Infrasctucture

On the first day of the constitutional convention Edmund Randolph explained that the purpose of the new constitutional system was, first, to secure against external invasion and, second, to secure against internal insurrection. The third was to provide mutually beneficial services, which means infrastructure. 

There are two general types.

- Hard Infrastructure

Hard infrastructure, also known as tangible or built infrastructure, is the physical infrastructure of roads, bridges, tunnels, railways, ports, and harbors, among others, as opposed to the soft infrastructure or "intangible infrastructure of human capital in the form of education, research, health and social services and "institutional infrastructure" in the form of legal, economic and social systems.

This article delineates both the capital goods, or fixed assets, and the control systems, software required to operate, manage and monitor the systems, as well as any accessory buildings, plants, or vehicles that are an essential part of the system. Also included are fleets of vehicles operating according to schedules such as public transit buses and garbage collection, as well as basic energy or communications facilities that are not usually part of a physical network, such as oil refineries, radio, and television broadcasting facilities.


- Soft Infrastructure

Soft infrastructure is all the services that are required to maintain the economic, health, cultural and social standards of a population, as opposed to the hard infrastructure, which is the physical infrastructure of roads, bridges etc. It includes both physical assets such as highly specialised buildings and equipment, as well as non-physical assets, such as communication, the body of rules and regulations governing the various systems, the financing of these systems, the systems and organisations by which professionals are trained, advance in their careers by acquiring experience, and are disciplined if required by professional associations. It includes institutions such as the financial and economic systems, the education system, the health care system, the system of government, and law enforcement, and emergency services.

The essence of soft infrastructure is the delivery of specialized services to people. Unlike much of the service sector of the economy, the delivery of those services depends on highly developed systems and large specialized facilities, fleets of specialized vehicles or institutions.

These are the topics raised by Ken Paxton in highlighted press releases

My GOVT 2306 2IN01 students are looking into conflict between the state of Texas and the national government. I reasoned that a good place to start would be the actions the Texas Attorney General has taken recently against the national government. These have been highlighted in recent press releases. I linked to them separately.

- Click here for that.

This is a list of the subject matter, it helps identify key areas of disagreement between Texas and the United States: 

Energy
- Liqui­fied Nat­ur­al Gas Exports.

The Environment
- ​Green Ener­gy Tran­si­tion.
- Emis­sions Rule.
- Cli­mate Pol­i­cy Expansion.
- Trans­porta­tion Emis­sions Rule.
- The Role that States Play in Reg­u­lat­ing Their Own Environment.

Poverty Programs
- Guar­an­teed Income.
- Med­ic­aid.

Guns
- Pri­vate Firearms Sales.
- ATF Rule.

Immigration
- For­eign Labor­er Rights than Amer­i­can Workers.
- Bor­der.
- Con­certi­na Wire Law­suit.
- Bor­der Wall Construction.
- Ille­gal Aliens.

Transgender Policies
- Trans­gen­der Poli­cies Into Schools.
- Gen­der Tran­si­tion Procedures.
- Gen­der Iden­ti­ty Accom­mo­da­tions in the Workplace.

First Amendment Rights
- Cen­sor­ship.
- Con­sti­tu­tion­al Rights of Reli­gious Institutions.
- First Amend­ment Pro­tec­tions for Reli­gious Stu­dent Orga­ni­za­tions in High­er Education.
- Pro­tect Reli­gious Orga­ni­za­tions from Inva­sive Gov­ern­ment Interference.

Federalism
- States’ Sov­er­eign Immunity.

Wednesday, July 24, 2024

The Petitioners and Respondents in the Supreme Court Cases


The names and institutions below apply to much of what we will cover both in both 2305 and 2306. I'll add detail later.

What is a Petitioner

The petitioner is the party who presents a petition or motion to the court. The term is frequently used to describe the appellant in an appeal, where the petitioner is usually the party who lost in the lower court. This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings. The opposite of the petitioner is the respondent, against whom a petition or motion is filed.

What is a Respondent

The respondent is the party against whom a petition is filed, especially one on appeal. The respondent can be either the plaintiff or the defendant from the court below, as either party can appeal the decision thereby making themselves the petitioner and their adversary the respondent. Formerly, in the equity courts of common law, the defendant was always called the respondent.


Acheson Hotels, LLC
Deborah Laufer
Thomas C. Alexander, in His Official Capacity as President of the South Carolina Senate
South Carolina State Conference of the NAACP
Justin Rashaad Brown
United States
Moris Esmelis Campos-Chaves
Merrick B. Garland, Attorney General
Alex Cantero, et al.
Bank of America, N.A.
Robin Carnahan
Carolyn Maloney, et al.
Jascha Chiaverini, et al.
City of Napoleon, Ohio, et al.
Consumer Financial Protection Bureau, et al.
Community Financial Services Association of America, Limited, et al.
Department of Agriculture Rural Development Rural Housing Service
Reginald Kirtz
Richard Devillier
State of Texas
Joseph W. Fischer
Food and Drug Administration, et al.
Alliance for Hippocratic Medicine, et al.
Michael Cargill
Sylvia Gonzalez
Edward Trevino, II, et al.
Kevin Lindke
James R. Freed
Loper Bright Enterprises, et al.
Gina Raimondo, Secretary of Commerce, et al.
Damian McElrath
Georgia
Attorney General, State of Florida, et al.
NetChoice, LLC, et al.
Charles G. Moore and Kathleen F. Moore
Jatonya Clayborn Muldrow
City of St. Louis, Missouri, et al.
Vivek H. Murthy, U.S. Surgeon General, et al.
Missouri, et al.
National Rifle Association of America
Maria T. Vullo
NetChoice, LLC, et al.
Ken Paxton, In His Official Capacity as Attorney General of Texas
Michelle O’Connor-Ratcliff, et al.
Christopher Garnier, et ux.
Ohio, et al.
Environmental Protection Agency, et al.
Mark E. Pulsifer
Relentless, Inc., et al.
Department of Commerce, et al.
Securities and Exchange Commission
George R. Jarkesy, Jr., et al.
George Sheetz
County of El Dorado, California
Jason Smith
State of Arizona
James E.Snyder
Ryan Thornell, Director, Arizona Department of Corrections
Danny Lee Jones
Donald J. Trump
Norma Anderson, et al.
Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
Steve Elster

Tuesday, July 23, 2024

A list of one term presidents

Biden joins the list below. I pulled these from the Wikipedia entry titled: List of presidents of the United States by time in office.


John Adams - 2nd • March 4, 1797 – March 4, 1801

John Quincy Adams - 6th • March 4, 1825 – March 4, 1829

Martin Van Buren - 8th • March 4, 1837 – March 4, 1841

James K. Polk - 11th • March 4, 1845 – March 4, 1849

Franklin Pierce - 14th • March 4, 1853 – March 4, 1857

James Buchanan - 15th • March 4, 1857 – March 4, 1861

Rutherford B. Hayes - 19th • March 4, 1877 – March 4, 1881

Benjamin Harrison - 23rd • March 4, 1889 – March 4, 1893

William Howard Taft - 27th • March 4, 1909 – March 4, 1913

Herbert Hoover - 31st • March 4, 1929 – March 4, 1933

Jimmy Carter - 39th • January 20, 1977 – January 20, 1981

George H. W. Bush - 41st • January 20, 1989 – January 20, 1993

Donald Trump - 45th • January 20, 2017 – January 20, 2021

From the Texas Comptrollers Office: Texas Broadband Development Office Newsletter - July 2024

The Texas Comptroller of Public Accounts is one of the members of the state's plural executive.

- Click here for Wikipedia's entry on the position. 

The comptroller is popularly elected every four years, and is primarily tasked with collecting all state tax revenue and estimating the amount of revenue that the Texas Legislature can spend each biennium.

In 2021 the Texas Broadband Development Office was created to provide guidance to the BDO regarding the expansion, adoption, affordability and use of broadband service and the programs administered by the office.

The Board of Advisors is composed of 10 members, is chaired by the Texas Comptroller and includes a representative of the BDO as a non-voting member. The other appointees come from the Offices of the Texas Governor, Texas Lieutenant Governor and the Speaker of the House.

- Click here for more.
- HB 5 (87) Relating to the expansion of broadband services to certain areas.
- SB 1238 (88) Relating to broadband development.

The newsletter highlights the effort of the office to obtain federal funding for broadband access, which fits within the subject of fiscal federalism.

Check them out: 

- The Broadband Development Office (BDO) published the BOOT II Notice of Funding Availability on July 11, 2024.

- The BDO launched the Texas Digital Opportunity Hub on April 29, 2024.

- The National Telecommunications and Information Administration (NTIA) released a Notice of Funding Opportunity (NOFO) (PDF) for the State Digital Equity Capacity Grant Program on March 29, 2024.

Comparing the platforms of the Texas Democratic and Republican Parties

The best way to understand the differences between the two major parties is to compare their platforms.

Here are links to the platforms developed and approved by the delegates of those two parties that meet in state conventions recently. These are only a reflection of the attitudes of the participants of these meetings, and does not necessarily reflect the attitudes of candidates for office, or rank and file identifiers of each party.

But it's a good gauge of what each party is likely to do if in power: 

- Click here for the 2024 Texas Republican Party Platform.

- Click here for the 2024 Texas Democratic Party Platform.

Monday, July 22, 2024

Who was Sheila Jackson Lee? How will she be replaced?

Until her death, she represented the 18th District of Texas - just north of us in central Houston. 

For more information about her: 

- Wikipedia: Sheila Jackson Lee.
- Wikipedia: Texas's 18th congressional district.

From the Texas Tribune: 

- After U.S. Rep. Sheila Jackson Lee’s death, Texas Democrats have to find a new candidate for November.

Gov. Greg Abbott can call a special election to fill the congressional seat for the rest of the year. State law does not specify a deadline to call a special election, but if it is called the election is required to happen within two months of the announcement. The governor’s office did not immediately respond to a request for comment.

. . . “The history of Texas is to call a special election and fill the unexpired term. So that's what we expect Governor Abbott to do,” said Chad Dunn, a Texas Democratic Party lawyer.

. . . She was set to be on November’s general election ballot after defeating Amanda Edwards — a former intern for Jackson Lee — in the March Democratic primary. Democrats now have to decide on another candidate.

Texas law lays out the procedures for Democrats to nominate a new candidate to run against Lana Centonze, the Republican candidate, in the general election.

. . . the county will hold a meeting at least 10 days out to select a new candidate.

That meeting will include the Harris County Democratic Party’s executive committee, which by Texas law has until 5 p.m. on Aug. 26 to nominate someone. The committee is made of Harris County precinct chairs — elected officials representing districts within the county. There are currently around 130 precinct chairs in Harris County.

During the committee’s selection process, potential candidates will make their case to the precinct chairs, explaining their positions and priorities. Dunn said that while the decision is made by the precinct chairs, it is still a “very democratic process” as the meetings are public and precinct chairs are “the smallest unit of representative government we have.”

. . . If the Texas Democratic Party fails to make a new nomination on time, Jackson Lee remains on the ballot. If she is then elected, the seat would be vacant and a new election would be called.

For my summer 2 students: Some more suggestions for your 1000 word essay

For GOVT 2305 2INS3 and 2INP3

1 - What is the question raised in the case? Do your best to figure it out. Think about why the Supreme Court decided to hear this case. Your textbook mentions that out of 15,000 appealed to it, they hear around 75. Why was this case selected? What's was so important about it? 

2 - You might want to look at the advocates - the lawyers - that are arguing the case before the court. Perhaps provide a little background on each. Some might have more information available, but you may want to figure out why they are arguing this side.

3 - Also consider what argument they are making. Look for the link to the oral arguments. Click on it. Listen to it. It'll take a while, but try to follow along. What arguments are made buy each side?

4 - What was the vote on the decision? Was it unanimous? 8-1? 7-2? 6-3? 5-4? Was it divided ideologically?

For GOVT 2306 - 2IN01

1 - Do some research on the background of both Ken Paxton and Joe Biden. See if you can determine the ideological orientation of each. What do they do to implement it? How might they come into conflict? How might they not?

2 - Think about the subject matter of the press release. What area of public policy is involved? Why is the national and state governments involved in it?

For GOVT 2306 - 2IN02 

1 - Become familiar with the information about about HB 2127 contained in the Texas Legislature Online.
- click here

2 - Identify the specific thing the bill intends to accomplish.

3 - Read these two analyses of each bill. Try to understand the various arguments made for and against the bill.
- click here.
- and click here.

Sunday, July 21, 2024

Saturday, July 20, 2024

From Vox: 40 maps that explain the internet

The internet is the term used to describe the infrastructure that has been built up to allow us to do what we're doing right now.

It took some time to evolve. 

Here is a useful walk-through that process.

- Click here for the article.

This is what it looked like in 1969: 





What is CrowdStrike?

Other than being the people responsible for the internet shutting down.

- Wikipedia: 2024 CrowdStrike incident.

- Click here for the entry on CrowdStrike

CrowdStrike Holdings, Inc. is an American cybersecurity technology company based in Austin, Texas. It provides cloud workload protection and endpoint security, threat intelligence, and cyberattack response services.

The company has been involved in investigations of several high-profile cyberattacks, including the 2014 Sony Pictures hack, the 2015–16 cyberattacks on the Democratic National Committee (DNC), and the 2016 email leak involving the DNC. In July 2024, a faulty update to its security software caused global computer outages that disrupted air travel, banking, broadcasting, and other services.

. . . CrowdStrike was co-founded in 2011 by George Kurtz (CEO), Dmitri Alperovitch (former CTO), and Gregg Marston (CFO, retired).[9][10][11][12] The following year, they hired Shawn Henry, a former Federal Bureau of Investigation (FBI) official, to lead the subsidiary CrowdStrike Services, Inc., which offered security and response services.[13][14] The company launched its first product in June 2013: CrowdStrike Falcon, which provided endpoint protection, threat intelligence and attribution.

Friday, July 19, 2024


 

Speaking of Infrastructure

 

We are currently experiencing a global Microsoft outage that may affect some of our online services. Our ACC IT department is aware of the issue and is working diligently to restore full functionality as soon as possible.

Thursday, July 18, 2024

What is a Public Utility? What is Infrastructure? What is a Public Service?

Wikipedia: What is a Public Utility

A public utility company (usually just utility) is an organization that maintains the infrastructure for a public service (often also providing a service using that infrastructure). Public utilities are subject to forms of public control and regulation ranging from local community-based groups to statewide government monopolies.

Public utilities are meant to supply goods and services that are considered essential; water, gas, electricity, telephone, waste disposal, and other communication systems represent much of the public utility market.



Wikipedia: What is Infrastructure?

"installations that form the basis for any operation or system"

A way to embody personal infrastructure is to think of it in terms of human capital.

Infrastructure is the set of facilities and systems that serve a country, city, or other area,[1] and encompasses the services and facilities necessary for its economy, households and firms to function.[2] Infrastructure is composed of public and private physical structures such as roads, railways, bridges, tunnels, water supply, sewers, electrical grids, and telecommunications (including Internet connectivity and broadband access). In general, infrastructure has been defined as "the physical components of interrelated systems providing commodities and services essential to enable, sustain, or enhance societal living conditions" and maintain the surrounding environment.

One way to describe different types of infrastructure is to classify them as two distinct kinds: hard infrastructure and soft infrastructure.[4] Hard infrastructure is the physical networks necessary for the functioning of a modern industrial society or industry.[5] This includes roads, bridges, and railways. Soft infrastructure is all the institutions that maintain the economic, health, social, environmental, and cultural standards of a country.[5] This includes educational programs, official statistics, parks and recreational facilities, law enforcement agencies, and emergency services.



Wikipedia: What is a Public Service?

A public service or service of general (economic) interest is any service intended to address specific needs pertaining to the aggregate members of a community.[1][2] Public services are available to people within a government jurisdiction as provided directly through public sector agencies or via public financing to private businesses or voluntary organizations (or even as provided by family households, though terminology may differ depending on context). Other public services are undertaken on behalf of a government's residents or in the interest of its citizens. The term is associated with a social consensus (usually expressed through democratic elections) that certain services should be available to all, regardless of income, physical ability or mental acuity. Examples of such services include the fire brigade, police, air force, and paramedics (see also public service broadcasting).

Even where public services are neither publicly provided nor publicly financed, they are usually subject to regulation going beyond that applying to most economic sectors for social and political reasons. Public policy,[3] when made in the public's interest and with its motivations, is a type of public service.