2011 Texas Legislative Session To Call For Constitutional Amendment To Enforce States’ Sovereignty

Several Texas Republicans have filed legislation aimed at reaffirming states’ rights and providing a constitutional mechanism to annul federal laws and regulations. The calls for amending the U.S. Constitution go a step beyond the ‘sovereignty’ resolutions pushed for in 2009.

Last session, Texas Rep. Brandon Creighton (R-Conroe) led the way on legislation to reaffirm the Tenth Amendment, which says powers not provided to the federal government in the Constitution are explicitly reserved to the states. Out of five pieces of legislation introduced on the topic, only Creighton’s House Concurrent Resolution 50 made it out of committee. HCR 50 passed the House by a margin of 99-36 (with all of the ‘nay’ votes belonging to Democrats) before dying in the Senate.

This session, Creighton has introduced the similar HCR 16. Additionally, state Sens. Glenn Hegar (R-Katy) and Jane Nelson (R-Lewisville) have introduced Senate Concurrent Resolution 1 toward the same end. Hegar introduced the similar SCR 39 in 2009. Those ‘sovereignty’ resolutions basically would send a message to members of Congress requesting they repeal federal laws that Texas lawmakers think are unconstitutional.

For the upcoming session, Creighton is going further — his HCR 17 and House Joint Resolution 50 urges Congress to call a constitutional convention for the purpose of proposing and ratifying a constitutional amendment allowing any federal law to be repealed by consensus of two-thirds of the individual states’ legislatures.

Meanwhile, state Rep. Vicki Truitt (R-Keller) proposed HCR 19 for the same purpose. Truitt’s resolution specifically cites the Sixteenth and Seventeenth Amendments as creating a “constitutional imbalance” in favor of the federal government against the states. The Sixteenth Amendment enabled the federal income tax, while the Seventeenth Amendment provided for direct election of U.S. senators, rather than having the state legislatures choose them. In a news release, Truitt said the federal health care reform law is “an example and the greatest episode” in unfunded mandates of the states. According to the news release, Truitt was inspired to file the resolution after reading an editorial in the Wall Street Journal written by Georgetown University law professor Randy Barnett and Virginia state House Speaker William J. Howell.

For the 2011 session, Vice-chair of the Texas House Appropriations Committee, State Rep. Richard Raymond (D-San Antonio), has filed two resolutions urging the federal government to eliminate deficit spending and balance the budget from year to year. He has authored similar legislation regularly since at least 1995, none of which has passed the committee stage.

Raymond’s House Concurrent Resolution 23 asks Congress to “propose and submit to the states for ratification an amendment to the United States Constitution to provide for a federal balanced budget.” His House Joint Resolution 34 would put Texas legislators on record as supporting a proposed Constitutional amendment for a balanced federal budget. In 2009, Raymond’s HCR 73 and HJR 71 attracted two co-authors, state Reps. Diana Maldonado, D-Austin, and Aaron Pena, D-Edinburg. State. Rep. Aaron Pena switched to become affiliated to the Republican Party in December 2010.

The appeals for a constitutional convention of the states have also appeared in legislation aimed at creating a balanced federal budget amendment to the Constitution. There are two ways to propose an amendment to the U.S. Constitution: a two-thirds majority vote in the U.S. House and U.S. Senate; or by a constitutional convention called by two-thirds of state legislatures, according to the National Archives.

2011 Predictions

From the Panhandle Blog Jobsanger:

This is the time of year when a lot of crazy people think they can predict what the future will bring. I must have lost my mind because I've decided to join them and make some political predictions of my own this year. I must have purchased a defective crystal ball though, because I'm not seeing too many good things happening this year. Here's what I see happening in 2011:

* The outsourcing of good American jobs to other countries will continue unabated this year. Any attempts by progressive Democrats to stop or slow it down will be killed by the Republican majority in the House of Representatives.

* The lie that Social Security is in trouble will continue to grow (even though it is fully funded through 2027, and elimination of the tax cap would fund it for decades to come). Attempts will be made to cut benefits and raise the retirement age.

* Unemployment will remain high and no serious job stimulation effort will be passed by Congress (although the Republicans will try to further cut taxes using job creation as their excuse -- in spite of the fact that tax cuts do not create jobs).

* The housing market will not recover in 2011 (and can't recover until the jobless situation is fixed). Foreclosures will remain at all-time highs, and if Congress takes any action at all it will be to make it easier for banks to foreclose.

* The Republicans will not repeal the new health care reform law, but they will defund it (and that's pretty much the same thing).

* Private insurance companies will continue to raise the price of their premiums (and continue to refuse to pay for expensive treatments even for those with that high-priced insurance).

* Millions of Americans will continue to be unable to afford any health insurance coverage.

* Medicare and Medicaid will be cut by Republicans and Blue Dogs, causing even more doctors to refuse to treat elderly and poor patients.

* The huge gap in wealth and income between the richest 1-2% of Americans and the rest of America will grow even wider.

* America's transportation infrastructure will continue to crumble, because the Republican House would rather give the rich more money than put ordinary Americans to work fixing it.

* Global climate change will grow worse as Congress refuses to do anything about it. Taking their lead from America, other countries will also fail to find a solution.

* Toward the end of the year, Michele Bachmann will announce she's running for the senate seat currently held by Senator Amy Klobuchar.

* President Obama's approval ratings will remain in the upper 40's, setting him up for a possible re-election in 2012.

* Texas Republicans will raise taxes and then deny that they did it (claiming it was just an expansion of the "tax base" or the raise involved fees instead of taxes).

* Texas Republicans will pass a "voter ID" bill making voters present a picture ID to be allowed to vote (in addition to their voter registration card), claiming this will prevent voter fraud (although there is no evidence that fraud even exists).

* The Texas legislature will not approve casino-style gambling in the state (and the gambling money and taxes from it will continue to leave the state and go to Louisiana, Oklahoma and Nevada).

Actually, I would love to be wrong about most of the above predictions, but I don't think I am. 2011 is going to be a tough year for America. What do you think?

2011 Election Calendar

May 14, 2011 - Uniform Election Date

The more detailed May 14, 2011 Election Law Calendar is available on the Elections homepage and on the “Conducting Your Elections” pages.
**First Day to File for Place on Ballot (for cities and schools ONLY)(filing deadline for other political subdivisions may vary)	Saturday, February 12, 2011 (first day to file does not move forward)
**Last Day to File for Place on Ballot, Local General Election	Monday, March 14, 2011 at 5:00 p.m. (deadline is extended to next business day) ***Friday, March 18, 2011 (see note below relating to four-year terms)
Last Day to Order General Election	Monday, March 14, 2011 (deadline is extended to next business day)
First Day to Apply for Ballot by Mail	Tuesday, March 15, 2011 (does not apply to FPCA)
Last Day to Register to Vote	Thursday, April 14, 2011
First Day of Early Voting By Personal Appearance	Monday, May 2, 2011
Last Day to Apply for Ballot by Mail (Received, not Postmarked)	Friday, May 6, 2011 (May 7, 2011 is the seventh day, but deadline moves back to preceding business day, Friday)
Last Day of Early Voting By Personal Appearance	Tuesday, May 10, 2011

Constitutional Amendment Election November 8, 2011
See Amendments on the Ballot

These dates are subject to changes from the 2011 legislative session.
**First Day to File for Place on General Election Ballot (for cities and schools ONLY) (filing deadline for other political subdivisions may vary)	Monday, August 8, 2011
Last Day to Order General Election	Wednesday, September 7, 2011
**Last Day to File for Place on General Election Ballot (for local political subdivisions ONLY)	Wednesday, September 7, 2011 at 5:00 p.m.
First Day to Apply for Ballot by Mail	Friday, September 9, 2011 (does not apply to FPCA)
Last Day to Register to Vote	Tuesday, October 11, 2011 (deadline is extended to next business day after Columbus Day)
First Day of Early Voting	Monday, October 24, 2011 (17th day before election day falls on a Saturday, first day moves to next business day)
Last Day to Apply for Ballot by Mail (Received, not Postmarked)	Tuesday, November 1, 2011
Last Day of Early Voting	Friday, November 4, 2011

Pulling For Potter

by Clay Bennett in the Chattanooga Times Free Press

Seasons Greetings With A Christmas Carol

As a holiday offering to all our readers, again, here are the 1938 and 1939 Campbell Playhouse radio broadcast productions of "A Christmas Carol" featuring Orson Welles and Lionel Barrymore. [Mercury Theatre Info]

1938 version featuring Orson Welles as Scrooge. Play starts at 5:30 minutes [MP3] 1939 version featuring Lionel Barrymore as Scrooge (My favorite) Play starts at 3:00 minutes [MP3]

Scrooge Gets A Tax Cut Political Cartoon by Mike Luckovich in the Atlanta Journal-Constitution.

Rick Perry's Cover-Up and Corruption

From the BOR:

• Rick Perry's Cover-Up and Corruption: Texas' $25 Billion Budget Shortfall
• Rick Perry's Cover-Up and Corruption: Texas' Dropout Crisis
• Rick Perry's Cover-Up and Corruption: Texas Forensic Science Commission
• Rick Perry's Cover-Up and Corruption: Ethics Complaints
• Rick Perry's Cover-Up and Corruption: Emerging Technology Fund
• Rick Perry's Cover-Up and Corruption: Political Appointees
• Rick Perry's Cover-Up and Corruption: Secret Schedules
• Rick Perry's Cover-Up and Corruption: The $500,000 Land Deal
• Rick Perry's Cover-Up and Corruption: Texas Youth Commission
• Rick Perry's Cover-Up and Corruption: Teacher Retirement System
• Rick Perry to Launch National Book Tour, Won't Commit to Full Term as Governor

Additional Sources

• Austin American-Statesman - Lawmakers seek answers on Texas' budget outlook
• Austin American-Statesman - Budget mess got going with 2006 property tax cuts
• Austin American-Statesman - Legislative leaders eye spending cuts to deal with looming budget hole
• Austin American-Statesman - Low tax collections make budget shortfall worse
• Austin American-Statesman - Perry campaigns on job creation as state revenue shrinks
• Dallas Morning News - Legislature likely to cut deep to meet possible $25 billion budget gap
• San Antonio Express-News - Perry disputes budget shortfall prediction of $21 billion
• Wall Street Journal - Big Texas Deficit Puts Governor in Tight Spot
• Dallas Morning News - Agency budget cuts small in face of Texas' gaping shortfall
• Burnt Orange Report - Rick Perry's "Bizarre" Budget Claims: Voters Stuck With Bad Case of Deja Vu
• Burnt Orange Report - Debra Medina on Rick Perry's $18 Billion Budget Deficit

Dallas Morning News Endorses White for Governor

Dallas Morning News Editorial: We Recommend White for Governor: Rick Perry's campaign suggests that his cowboy swagger and his disdain for Washington, D.C. should be enough to convince voters that he's the leader Texas needs.

The state's longest-serving governor is so certain his tenure should be extended that Perry has glided through this re-election bid with an impervious air, shrugging off tough questions and offering few specifics. Trust me, Perry tells voters, I know what I'm doing.

But in fact, Perry, 60, has done relatively little during a decade at the helm of state government. He can lay claim to few signature achievements. He lacks allies in the Legislature, and whether the issue is school finance, transportation or juvenile justice, he has not managed to see needed reforms through to conclusion.

The Republican governor is counting on the state's relatively strong economy to secure his third full term in office. But Texas' business-friendly environment predates Perry and will extend beyond his time in office. And now, with a deficit of up to $21 billion looming, more than budget bravado and a "taxes bad" mantra will be required to keep Texas on solid financial footing.

The state needs a solutions-oriented leader who is focused on bolstering Texas – not on doing battle with Washington.
Record of pragmatism

Democrat Bill White is better-suited to steer this ship of state through the challenges ahead.

The former mayor of Houston is a fiscal conservative with a progressive bent. He's more pragmatic than partisan. He's proven himself competent in business and in public office. Indeed, he's a bit of a throwback – in the best Texas tradition of the businessman governor.

We don't make this recommendation lightly. This newspaper has a long history of recommending Rick Perry for office against Democrats ­ from agriculture commissioner to the governor's office. But Texas requires a different kind of leadership at this important juncture.

Bill White is an entrepreneur and an energy expert who succeeded in the private sector before branching out into public service. White, 56, has no use for Perry's swashbuckling, coyote-shooting style. The Democratic candidate is meticulous and analytical, hesitant to overpromise but determined to solve Texas' most pressing problems.

As Houston's mayor, White proved himself to be adept at balancing budgets, managing to cut property tax rates repeatedly. He drew national acclaim for his leadership in the aftermath of Hurricane Katrina.

And White laid waste to the idea that environmentally friendly policies inevitably were bad for business – a myth that Perry perpetuates as he fights to maintain Texas' right to pollute with impunity. In Houston, White struck a careful balance, proving that a city could go green and still be open for business.

As governor, White would be well-positioned to deliver in areas where Perry has fallen short.

For example, Texas' transportation infrastructure needs are daunting and urgent. Yet Perry seems to be stumped when it comes to offering workable funding options for building roads. The governor's go-to move is to blame Washington – and he does, for not sending more money. That's a fine lament, but it won't pay for any new lane miles.

White recognizes the need for new revenue sources and supports allowing counties to call elections to raise funds for transportation projects. This local-option approach has the support of North Texas transportation leaders but would stand a better chance in the Legislature with the backing of the governor.
The blurring of lines

During Perry's decades in elected office and two-plus terms as governor, ethical lines have slowly blurred as more and more high-dollar campaign donors have received appointments or state funds. Perry surrounds himself with a sea of people echoing his views. And he wields his power forcefully, making clear that those who dare to disagree with him can be replaced. When a Texas Tech regent endorsed Sen. Kay Bailey Hutchison in the GOP gubernatorial primary, he said he was pressured to resign by a Perry emissary delivering a definitive message: The governor expects loyalty.

Even more troubling is the governor's apparent loyalty to campaign donors. Perry has played a pivotal role in awarding millions of taxpayer dollars from the Texas Emerging Technology Fund to companies with investors or officers who also happen to be the governor's campaign donors – an uncomfortable and unacceptable arrangement that cries out for an overhaul.

Fortunately, White has outlined a number of ethics reforms that would change the way the governor's office operates. His common-sense proposals include limiting contributions from appointees, extending the waiting period before governor's staff members can work as lobbyists and requiring gubernatorial staffers to file personal financial statements.

While White is better-equipped to navigate the state's budget woes and handle a number of other difficult tasks, his ideas about education have disappointed thus far. He has complained about the emphasis on high-stakes testing but failed to offer a specific alternative that would hold schools accountable. White's views may yet evolve in the realm of education, and this one point of disagreement does not outweigh the Democrat's many other good ideas.

Perry's strident, tea party tone and strong-arm style won't serve Texas well for another four years. While White's focus has been on finding solutions in Austin, Perry has done little more than rail against Washington's problems. The governor's gaze seems to have drifted from the tasks at hand, as he openly discusses his aspirations of elevating his national profile.

White is right when he says that leadership has little to do with delivering a speech and much more to do with having a sense of mission. White is a man with a mission, a leader who will bring a purposeful determination to the governor's office.

Libertarian Kathie Glass, 57, a lawyer, and Green Party candidate Deb Shafto, 71, a retired teacher and business owner, also are on the ballot. But White's broad base of expertise and modern managerial style make him the best choice for governor and earn him our recommendation.

Texas Deficit Balloons

From jobsanger.blogspot
by Ted McLaughlin

We have known for several months now that there will be a deficit in the next biennium for the state of Texas. I say biennium because the Texas legislature only meets once every two years, so they do budgets for two years instead of one. For quite a while now, Texas government has operated with a surplus -- so much so that they have been able to put a little over $8 billion into a "rainy day" fund. But those good economic times are over and its starting to rain -- really hard.

A few months ago it was believed that Texas would have an $8-$10 billion dollar deficit in the next biennium. It didn't take long for that estimate to rise to between $12 and $15 billion dollars. Now the politicians are telling us that the deficit will probably be up above $21.5 billion dollars.

The state's Republican leadership has ordered state agencies to cut their budgets by 5%-10% several times, and those agencies are currently under a new order to cut their budgets one more time. One politician has even said the legislature will have to take a "meat cleaver" approach to the budget next year. Both parties are trying to fool the voters into thinking this huge deficit problem can be solved by simply cutting state services. Unfortunately, that is a lie.

Most state agencies are already operating on a bare bones budget. If much more is cut from their budgets they will not be able to deliver the services to the people that they are mandated to give. And what good is an agency that is incapable of delivering services? The answer to that is no good at all.

In addition, there are some agencies for which if more is cut serious problems will arise. Two of these that instantly come to mind are the Texas Youth Commission (TYC) and the Texas Department of Criminal Justice (TDCJ). There is a point beyond which these agencies cannot cut more and still deliver a level of service that protects both the public and state inmates. It would be unacceptable to all of us if the agencies can no longer protect the public, and if the inmates can't be protected from abuse then we are looking at court cases that could cost the state far more than proper budgets for the agencies would cost.

Do we want the state to stop funding the repair and renovation of our roads and bridges? Do we want the state to stop covering children with health insurance, or providing services for mental health and mental retardation? Do we want the state to adequately fund our schools? Do we want enough highway patrolmen and Texas Rangers on the job to protect the public from criminals not in TYC or TDCJ? Do we want the oil & gas industry, the chemical industry, and energy providers to be policed to make sure they are not poisoning our air and water?

As you can see, most (if not all) state agencies provide vital services that the state simply cannot do without. And only a moron could believe a deficit of over $21.5 billion could be eliminated by cutting the money these agencies get. Since the state constitution mandates that the state must balance its budget in each biennium, something else must be done.

Like it or not, taxes are going to have to be raised somehow. And it doesn't matter whether the Republicans or the Democrats win in November, there will be more tax revenue raised. There is simply no other option.

Even though you won't hear it from the politicians new tax revenues and income sources are already being considered. Texas already has one of the highest sales taxes in the nation (Texas loves regressive taxes that hit the poor harder than the rich), but there are many things that have been exempted from that sales tax. That is probably going to end for many of those things.

State leaders will probably not raise the sales tax rate, but they will almost certainly increase the number of things that will be covered by the tax. They'll do it that way so they can say they didn't raise the tax (even though paying a tax on new things is definitely a rise in taxation).

There is also talk of allowing casino gambling which could be heavily taxed, and a new state property tax which would be dedicated to education. About the only new tax that won't be considered is a state income tax (because that would affect the rich, and we can't have that).

So don't be fooled. There are going to be more taxes. It's just a question of what kind and how much.

Back To Basics Ad: "Rick Perry Thinks You're a Sucker"

Houston Chronicle: The Back to Basics political committee is hitting Gov. Rick Perry again in a new television commercial. Spokesman Cliff Walker would not say where the ad is running, but said it is a "six-figure" television buy.
Perry spokesman Mark Miner responds: With his failing campaign quickly running out of money, liberal trial lawyer Bill White has pulled his advertising from 22 television stations in seven different Texas markets: Abilene, Amarillo, Beaumont, Harlingen, Midland-Odessa, Shreveport, and Waco.

Bill White spokeswoman Katy Bacon said Perry's campaign is wrong about the television buys. Bacon said White is on the air in all the markets mentioned in Miner's release. "They're making things up again," Bacon said.

Titled "Rick Perry Thinks You're a Sucker," the ad juxtaposes Perry encouraging viewers to send a letter to Washington saying what they think about "all this stimulus, all this runaway spending" with a letter Perry sent President Barack Obama in February 2009 saying Texas would welcome Federal stimulus funds. Perry's Feb. 18, 2009 letter, posted on the governor's state website, certified that Texas would accept federal funds.

The Houston Chronicle Houston Chronicle and San Antonio Express-News has previously published news articles stating Perry accepted more than $12 billion in stimulus money to balance the state budget.

Perry has not welcomed all federal funds. Last year, Perry opposed about $550 million to fund the state's unemployment trust benefits. The governor said businesses would have had to pay higher unemployment taxes after the federal dollars ran out. An effort by some legislators to overrule Perry died in the state House. And this year, Perry did not to apply for federal education funding in the competitive federal grant program known as Race to the Top.

Gov. Perry Approved $4.5 Million For Donor's Start-Up Firm Without Oversight Board's OK

From the Dallas Morning News, "Gov. Rick Perry approved $4.5 million for donor's start-up firm without regional board's OK":

Gov. Rick Perry approved a $4.5 million award from the state's technology fund to a company founded by a major campaign donor despite the company's failure to win the endorsement of a regional screening board, The Dallas Morning News has learned.

The money was awarded in August to Convergen Lifesciences Inc., founded by Perry contributor David G. Nance. Convergen was allowed to bypass a key part of the Texas Emerging Technology Fund's extensive process for vetting applications, and to proceed for approval to a statewide advisory board appointed by Perry.

A spokeswoman for Perry said Tuesday that the money was properly awarded to Convergen because the law establishing the tech fund allows applicants to appeal decisions by regional reviewers.

However, the law makes no mention of such appeals.

The chairman of the regional board in Houston, one of the state's largest, told The News he had never heard of an appeals process. Walter Ulrich, also a former member of the tech fund's statewide advisory committee, said approval by regional boards is mandatory.

"It cannot go to the state without our board's approval," he said. "I've never seen that happen."

Walt Trybula, a nanotechnology expert at Texas State University who reviews tech fund applications for the Austin regional board, said the ability to appeal would undermine the process.

"If you've got a way to go around a review committee," he said, "why do you have a review committee?"

And the chairman of the state House committee that oversees the tech fund said the "extraordinary" process that awarded the money to Nance's firm shows that reforms are needed. "This is the most troubling case that I've seen come through" on the fund, said Rep.

Bill White has released this statement:

"Rick Perry uses the governor's office to benefit his friends, his contributors and himself. The only way to end Perry's abuses is to elect a new governor. In the meantime the appropriate authorities need to investigate the corruption in the governor's office right away," said Bill White.

"I demanded last week that Perry disclose all personal and state financial ties with Mr. Nance and Perry refused. Now we see why. This is a bombshell," said White

White's campaign released the following video supplement to the press release: