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Chiafalo-Reply-20-04-30 FINAL
No. 19-465 IN THE Supreme Court of the United States PETER BRET CHIAFALO, LEVI JENNET GUERRA, AND ESTHER VIRGINIA JOHN, Petitioners, v. STATE OF WASHINGTON, Respondent. On Writ of Certiorari to the Supreme Court of Washington REPLY BRIEF FOR PRESIDENTIAL ELECTORS L. LAWRENCE LESSIG Counsel of Record JASON HARROW EQUAL CITIZENS 12 Eliot Street Cambridge, MA 02138 (617) 496-1124 [email protected] (additional counsel on inside cover) SUMEER SINGLA JONAH O. HARRISON DANIEL A. BROWN ARETE LAW GROUP PLLC HUNTER M. ABELL 1218 Third Ave. WILLIAMS KASTNER & Suite 2100 GIBBS, PLLC Seattle, WA 98101 601 Union St. (206) 428-3250 Suite 4100 Seattle, WA 98101 (206) 628-6600 DAVID H. FRY J. MAX ROSEN MUNGER, TOLLES & OLSON LLP 560 Mission St., 27th Floor San Francisco, CA 94105 (415) 512-4000 i TABLE OF CONTENTS PAGE TABLE OF CONTENTS ............................................... i TABLE OF AUTHORITIES ......................................... ii INTRODUCTION ......................................................... 1 I. The Framers Explicitly Rejected Any Direct Mode For Choosing The President, And Chose Instead An Indirect Method That Requires Elector Discretion. ............................................. 3 II. Recognizing A Constitutional Discretion In Electors Is Compelled By Ray v. Blair. ............ 7 III. Washington Has Identified No Power To Authorize Its Regulation Of The “Federal Function In Balloting.” .................................... 13 IV. A Political Pledge Has Never Been Legally Enforceable. ...................................................... 17 V. There Is A Continuing Need For Elector Discretion Within Our System For Electing The President. .................................................. 20 CONCLUSION ........................................................... 23 ii TABLE OF AUTHORITIES PAGE(S) FEDERAL CASES Arizona State Legislature v. Arizona Independent Redistricting Commission, 135 S. Ct. 2652 (2015) ..................... 13 Bogan v. Scott-Harris, 523 U.S. -
Resolutions to Censure the President: Procedure and History
Resolutions to Censure the President: Procedure and History Updated February 1, 2021 Congressional Research Service https://crsreports.congress.gov R45087 Resolutions to Censure the President: Procedure and History Summary Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress. Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word censure in the text. Resolutions attempting to censure the President are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation. Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution). The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President. -
Report: Tough Choices Facing Florida's Governments
TOUGH CHOICES FACING FLORIDA’S GOVERNMENTS PATTERNS OF RESEGREGATION IN FLORIDA’S SCHOOLS SEPTEMBER 2017 Tough Choices Facing Florida’s Governments PATTERNS OF RESEGREGATION IN FLORIDA’S SCHOOLS By Gary Orfield and Jongyeon Ee September 27, 2017 A Report for the LeRoy Collins Institute, Florida State University Patterns of Resegregation in Florida’s Schools 1 Tough Choices Facing Florida’s Governments TABLE OF CONTENTS List of Tables ..............................................................................................................................................................3 List of Figures ............................................................................................................................................................3 Patterns of Resegregation in Florida’s Schools .........................................................................................................4 The Context of Florida’s School Segregation.............................................................................................................5 Three Supreme Court Decisions Negatively Affecting Desegregation .......................................................................6 Florida Since the 1990s .............................................................................................................................................7 Overview of Trends in Resegregation of Florida’s Schools ........................................................................................7 Public School Enrollment Trend -
The Rules of the Texas Democratic Party to the Extent Permitted by the Texas Election Code:A
The Rules of the Texas 2019- Democratic 2020 Party adopted June 8, 2019 State Democratic Executive Committee 1106 Lavaca • Austin, TX 78701 P.O. Box 116 • Austin, TX 78767 512-478-9800 www.txdemocrats.org Paid for by the Texas Democratic Party • www.txdemocrats.org • This communication not authorized by any candidate or candidate’s committee. Table of Contents RULES OF THE DEMOCRATIC PARTY OF TEXAS I. STATEMENT OF PRINCIPLES . 1 A. Beliefs . 1 B. Declarations . 1 II. NAME, MEMBERSHIP AND OFFICERS . 2 A. Name . 2 B. Membership . 2 C. Party Officers . 2 III. EXECUTIVE COMMITTEES . 2 A. Duties of Executive Committees . 2 B. General Rules . 3 C. Election Matters . 3 1. Certification of Candidates 2. Referendum Issues D. State Democratic Executive Committee . 4 1. Officers 2. SDEC Members 3. Removal 4. Advisory Committee E. County Executive Committee . 6 1. Members 2. Officers 3. Qualifications 4. Election Procedure 5. Vacancies 6. Duties and Responsibilities 7. Meetings 8. Expenditure of Funds 9. County Executive Committee Quorum 10. Meeting of the County Executive Committee F. District Executive Committee . 10 1. Members 2. Officers 3. Duties 4. Other “District Committees” 5. Meetings G. Precinct Executive Committee for the Purpose of Filling a Commissioner or Justice or Constable Precinct Candidate Vacancy . 10 H. Removal From Office for Endorsing Opposing Party or Candidate . 11 I. Duties of District Committees in Special Elections . 11 IV. PARTY CONVENTIONS . 12 A. General Rules Governing Party Conventions . 12 1. Compliance with Rules 2. Publicizing Meetings 3. Rules 4. Voting 5. Media 6. Minority Reports 7. Resolutions 8. Rules 9. -
From: What Brown V
The following is excerpted from: What Brown v. Board of Education Should Have Said: America's Top Legal Experts Rewrite America's Landmark Civil Rights Decision, Jack M. Balkin, ed. (New York University Press 2001), pp. 3-8. It appeared as an article in the Winter 2002 issue of the Yale Law Report. Brown as Icon In the half century since the Supreme Court's 1954 decision, Brown v. Board of Education has become a beloved legal and political icon. Brown is one of the most famous Supreme Court opinions, better known among the lay public than Marbury v. Madison, which confirmed the Supreme Court's power of judicial review, or McCulloch v. Maryland, which first offered an expansive interpretation of national powers under the Constitution. Indeed, in terms of sheer name recognition, Brown ranks with Miranda v. Arizona, whose warnings delivered to criminal suspects appear on every police show, or the abortion case, Roe v. Wade, which has been a consistent source of political and legal controversy since it was handed down in 1973. Even if Brown is less well known than Miranda or Roe, there is no doubt that it is the single most honored opinion in the Supreme Court's corpus. The civil rights policy of the United States in the last half century has been premised on the correctness of Brown, even if people often disagree (and disagree heatedly) about what the opinion stands for. No federal judicial nominee, and no mainstream national politician today would dare suggest that Brown was wrongly decided. At most they might suggest that the opinion was inartfully written, that it depended too much on social science literature, that it did not go far enough, or that it has been misinterpreted by legal and political actors to promote an unjust political agenda. -
Senate Election of the Vice President and House of Representatives Election of the President
SENATE ELECTION OF THE VICE PRESIDENT AND HOUSE OF REPRESENTATIVES ELECTION OF THE PRESIDENT * William Josephson TABLE OF CONTENTS I. INTRODUCTION......................................................................598 A. The Twelfth Amendment Procedures ..........................599 B. Presidential and Vice Presidential Terms.....................609 C. Outline of Article...........................................................612 II. SENATE VICE PRESIDENTIAL ELECTION..................................613 A. Two Highest Numbers on the List................................613 B. By When Must the Senate Vote? ...................................614 C. Absent Senators..............................................................618 D. Cloture............................................................................618 E. The Vice President as President of the Senate.............618 F. Tie Senate Vote..............................................................619 G. Which Vice President?...................................................621 III. HOUSE PRESIDENTIAL ELECTION...........................................623 A. Previous House Presidential Elections..........................623 1. 1801 House Election...............................................623 2. 1825 House Election...............................................625 B. House Presidential Election Precedents and Issues.....626 1. 1801 and 1825 House Presidential Election Rules ........................................................................627 * William Josephson -
ETHJ Vol-14 No-2
East Texas Historical Journal Volume 14 Issue 2 Article 1 10-1976 ETHJ Vol-14 No-2 Follow this and additional works at: https://scholarworks.sfasu.edu/ethj Part of the United States History Commons Tell us how this article helped you. Recommended Citation (1976) "ETHJ Vol-14 No-2," East Texas Historical Journal: Vol. 14 : Iss. 2 , Article 1. Available at: https://scholarworks.sfasu.edu/ethj/vol14/iss2/1 This Full Issue is brought to you for free and open access by the History at SFA ScholarWorks. It has been accepted for inclusion in East Texas Historical Journal by an authorized editor of SFA ScholarWorks. For more information, please contact [email protected]. VOLUME XIV 1976 NUMBER E,\ST TEXAS IIISTORICAL ASSOCIAT10"i OFFIORS Charlt~, K Phillip ... , Pre'IIJent .. Nacogd(l~hes CI;Jude H Hilli. Fir"tl Vict,;·Pre Idenl .. College Stillion Fred T;jrp)e~ SecomJ Vi\;e-Pre loenl . .Commerce \1r. Tl"lmmlC Jan Lo\\en Sel.:retar) LufKm DIRECTORS Filla B. hop Cnxkclt 1976 Mr J~re J.tCk'l n ~.,c,)gd,)(he.. 1976 I.ee L.a\\ rence rlkr 1976 I"raylnr Ru .. ell Mt Pk.I'Hlnt 1977 LOI' Parker Rt:.lUmollt 1977 Ralph Sleen !\i;lcllgll,,(hes 197K \1r.... E 11 l.a ..eter IIcnucl l'n I97K ~.DITORI\1. BOAR!) \"an .. her.lft B",m R bert Glll\ er T\Jer Ralph Good"m .Commerce Fmnk Jad,'1on .Commerl,,':e Archie P McDonilld. Editor-In- hief Nacogdoche.. Mr... , Charle, ~lartJn Midland lame, L Nich"l ... Nacuguoche... Ralph:\ \Voo\ler . .Beaumont \IE\IIlERHIP PATRO. -
Presented to the Graduate Council of the North Texas State University In
371 /V8 A/O 'oo THE "VIVA KENNEDY" CLUBS IN SOUTH TEXAS THESIS Presented to the Graduate Council of the North Texas State University in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By Joan Traffas, B.A. Denton, Texas December, 1972 Traffas, Joan, The "Viva Kennedy" Clubs in South Texas. Master of Arts (History), December, 1972, 132 pp., 2 tables, bibliography, 115 titles. This thesis analyzes the impact of the Mexican-American voters in south Texas on the 1960 presidential election. During that election year, this ethnic minority was strong enough to merit direct appeals from the Democratic presiden- tial candidate, and subsequently, allowed to conduct a unique campaign divorced from the direct control of the conservative state Democratic machinery. Formerly, the Democratic politicos in south Texas manipulated the Mexican-American vote. In 1960, however, the Chicanos voted for a man with whom they could empathize, rather than for a party label. This strong identification with the Democratic candidate was rooted in psychological rather than ideological, social rather than political, factors. John F. Kennedy seemed to personify machismo and simpatla. Perhaps even more impres- sive than the enthusiasm, the Kennedy candidacy generated among the Mexican-Americans was the ability of the Texas Democratic regulars to prevent a liberal-conservative rup- ture within the state party. This was accomplished by per- mitting the Mexican-American "Viva Kennedy" clubs quasi- independence. Because of these two conditions, the Mexican- American ethnic minority became politically salient in the 1960 campaign. 1 2 The study of the Mexican-American political behavior in 1960 proceeds in three stages. -
Forgotten Heroes: Lessons from School Integration in a Small Southern Community Whitney Elizabeth Cate East Tennessee State University
East Tennessee State University Digital Commons @ East Tennessee State University Electronic Theses and Dissertations Student Works 12-2012 Forgotten Heroes: Lessons from School Integration in a Small Southern Community Whitney Elizabeth Cate East Tennessee State University Follow this and additional works at: https://dc.etsu.edu/etd Part of the Cultural History Commons Recommended Citation Cate, Whitney Elizabeth, "Forgotten Heroes: Lessons from School Integration in a Small Southern Community" (2012). Electronic Theses and Dissertations. Paper 1512. https://dc.etsu.edu/etd/1512 This Thesis - Open Access is brought to you for free and open access by the Student Works at Digital Commons @ East Tennessee State University. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ East Tennessee State University. For more information, please contact [email protected]. Forgotten Heroes: Lessons from School Integration in a Small Southern Community _____________________ A thesis presented to the faculty of the Department of History East Tennessee State University In partial fulfillment of the requirements for the degree Masters of Arts in History _____________________ by Whitney Elizabeth Cate December 2012 _____________________ Committee Chair, Dr. Elwood Watson Dr. Emmitt Essin Dr. David Briley Keywords: Integration, Segregation, Brown vs. Board of Education, John Kasper ABSTRACT Forgotten Heroes: Lessons from School Integration in a Small Southern Community by Whitney Elizabeth Cate In the fall of 1956 Clinton High School in Clinton, Tennessee became the first public school in the south to desegregate. This paper examines how the quiet southern town handled the difficult task of forced integration while maintaining a commitment to the preservation of law and order. -
The Evolution of the Digital Political Advertising Network
PLATFORMS AND OUTSIDERS IN PARTY NETWORKS: THE EVOLUTION OF THE DIGITAL POLITICAL ADVERTISING NETWORK Bridget Barrett A thesis submitted to the faculty at the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Master of Arts at the Hussman School of Journalism and Media. Chapel Hill 2020 Approved by: Daniel Kreiss Adam Saffer Adam Sheingate © 2020 Bridget Barrett ALL RIGHTS RESERVED ii ABSTRACT Bridget Barrett: Platforms and Outsiders in Party Networks: The Evolution of the Digital Political Advertising Network (Under the direction of Daniel Kreiss) Scholars seldom examine the companies that campaigns hire to run digital advertising. This thesis presents the first network analysis of relationships between federal political committees (n = 2,077) and the companies they hired for electoral digital political advertising services (n = 1,034) across 13 years (2003–2016) and three election cycles (2008, 2012, and 2016). The network expanded from 333 nodes in 2008 to 2,202 nodes in 2016. In 2012 and 2016, Facebook and Google had the highest normalized betweenness centrality (.34 and .27 in 2012 and .55 and .24 in 2016 respectively). Given their positions in the network, Facebook and Google should be considered consequential members of party networks. Of advertising agencies hired in the 2016 electoral cycle, 23% had no declared political specialization and were hired disproportionately by non-incumbents. The thesis argues their motivations may not be as well-aligned with party goals as those of established political professionals. iii TABLE OF CONTENTS LIST OF TABLES AND FIGURES .................................................................................................................... V POLITICAL CONSULTING AND PARTY NETWORKS ............................................................................... -
Cooper V. Aaron and Judicial Supremacy
University of Arkansas at Little Rock Law Review Volume 41 Issue 2 The Ben J. Altheimer Symposium-- Article 11 Cooper v. Aaron: Still Timely at Sixty Years 2019 Cooper v. Aaron and Judicial Supremacy Christopher W. Schmidt Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Law Commons Recommended Citation Christopher W. Schmidt, Cooper v. Aaron and Judicial Supremacy, 41 U. ARK. LITTLE ROCK L. REV. 255 (2019). Available at: https://lawrepository.ualr.edu/lawreview/vol41/iss2/11 This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. COOPER V. AARON AND JUDICIAL SUPREMACY Christopher W. Schmidt* “[T]he Federal judiciary is supreme in the exposition of the law of the Constitution.” — Cooper v. Aaron (1958)1 “The logic of Cooper v. Aaron was, and is, at war with the basic principles of democratic government, and at war with the very meaning of the rule of law.” — Attorney General Edwin Meese III (1986)2 I. INTRODUCTION The greatest Supreme Court opinions are complex heroes. They have those attributes that make people recognize them as great: the strategic brilliance and bold assertion of the authority of judicial review in Marbury v. Madison;3 the common-sense refutation of the fallacies that justified racial segregation in Brown v. Board of Education;4 the recognition that something as fundamental as a right to privacy must be a part of our constitutional protections in Griswold v. -
Inside the Democrats' Battle to Take Back Texas
FT Magazine US presidential election 2020 Inside the Democrats’ battle to take back Texas Will shifting demographics and anti-Trump energy be enough to reverse the state’s long Republican dominance? Demetri Sevastopulo 13 MINUTES AGO The first time Sima Ladjevardian experienced a political revolution, she was 12 years old and sitting in a classroom in Tehran in the middle of what felt like an earthquake. “Everything was shaking,” she says, recalling the uprising that engulfed Iran four decades ago and led to the country’s Islamic republic. “We all came out and it was a sea of people throwing acid into the school and shooting guns in the air. Very scary.” There had been whispers at home about the dangers of the revolution. Ladjevardian’s grandmother had helped women secure the right to vote and then become a member of parliament. Her father was also an MP at the time. But after that eventful day, those rumours turned into a harsh reality when her mother told her and her brother that they would go to Paris — just for a short while. “I had a really weird premonition that we were just never gonna go back,” she says. She was right. Her family spent two years in France, before moving to California to pursue the American dream. As a teenager, Ladjevardian perfected her English by watching Star Wars. Now 54, she talks to me from Houston, Texas, where in next month’s US elections she will embark on her own political quest with the Democratic party: she is campaigning to oust Dan Crenshaw, a freshman Republican in the second congressional district in Texas.