ETHJ Vol-14 No-2
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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. -
View of the Many Ways in Which the Ohio Move Ment Paralled the National Movement in Each of the Phases
INFORMATION TO USERS This was produced from a copy of a document sent to us for microfilming. While tf.; most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the material submitted. The following explanation of techniques is provided to help you understand markings or notations which may appear on this reproduction. 1. The sign or "target” for pages apparently lacking from the document photographed is "Missing Page(s)”. If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting through an image and duplicating adjacent pages to assure you of complete continuity. 2. When an image on the film is obliterated with a round black mark it is an indication that the film inspector noticed either blurred copy because of movement during exposure, or duplicate copy. Unless we meant to delete copyrighted materials that should not have been filmed, you will find a good image of the page in the adjacent frame. If copyrighted materials were deleted you will find a target note listing the pages in the adjacent frame. 3. When a map, drawing or chart, etc., is part of the material being photo graphed the photographer has followed a definite method in "sectioning” the material. It is customary to begin filming at the upper left hand corner of a large sheet and to continue from left to right in equal sections with small overlaps. If necessary, sectioning is continued again—beginning below the first row and continuing on until complete. -
Harry Mcpherson Interview IX
LYNDON BAINES JOHNSON LIBRARY ORAL HISTORY COLLECTION The LBJ Library Oral History Collection is composed primarily of interviews conducted for the Library by the University of Texas Oral History Project and the LBJ Library Oral History Project. In addition, some interviews were done for the Library under the auspices of the National Archives and the White House during the Johnson administration. Some of the Library's many oral history transcripts are available on the INTERNET. Individuals whose interviews appear on the INTERNET may have other interviews available on paper at the LBJ Library. Transcripts of oral history interviews may be consulted at the Library or lending copies may be borrowed by writing to the Interlibrary Loan Archivist, LBJ Library, 2313 Red River Street, Austin, Texas, 78705. HARRY MCPHERSON ORAL HISTORY INTERVIEW IX PREFERRED CITATION For Internet Copy: Transcript, Harry McPherson Oral History Interview IX, 2/7/86, by Michael L. Gillette, Internet Copy, LBJ Library. For Electronic Copy on Diskette from the LBJ Library: Transcript, Harry McPherson Oral History Interview IX, 2/7/86, by Michael L. Gillette, Electronic Copy, LBJ Library. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION LYNDON BAINES JOHNSON LIBRARY Legal Agreement Pertaining to the Oral History Interviews of HARRY MCPHERSON In accordance with the provisions of Chapter 21 of Title 44, United States Code, and subject to the terms and conditions hereinafter set forth, I, HARRY MCPHERSON, of Washington, D. C., do hereby give, donate and convey to the United States of America all my rights, title and interest in the tape recordings and transcripts of the personal interviews conducted on May 16, September 19, and November 20, 1985 and February 7, and May 13, 1986, and prepared for deposit in the Lyndon Baines Johnson Library. -
4/27-30/76 - Louisiana and Texas (1)” of the Ron Nessen Papers at the Gerald R
The original documents are located in Box 47, folder “4/27-30/76 - Louisiana and Texas (1)” of the Ron Nessen Papers at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Ron Nessen donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 47 of The Ron Nessen Papers at the Gerald R. Ford Presidential Library THE WHITE HOUSE WASHINGTON THE PRESIDENT'S BRIEFING BOOK QUESTIONS AND ANSWERS ******************* LOUISIANA AND TEXll.S April 27-30, 1976 ******************* 8' t:r:f en9 4t en 8 :J::a 8 t:r:f '"0 ::0 0 I'Ij H t'i 1:<:1 •• TEXAS State Profile Texas, popularly known as the "Lone Star State .. for the single star in its flag, won independence from Mexico in 1836, was a republic until 1845, and was annexed by the United States, becoming the 28th state. The state flower • is the bluebonnet, the bird the mockingbird, the tree the pecan, the sone "Texas, Our Texas." The state flag consists of a blue perpendicular stripe (next to the staff) on which is placed a single white star~ and two horizontal stripes, the upper white, the lower red. -
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. -
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 -
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. -
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 ............................................................................... -
“Babe” Schwartz Papers
Aaron Robert “Babe” Schwartz Papers Descriptive Summary and Abstract Creator: Schwartz, Aaron Robert “Babe,” 1926- Title: Aaron Robert “Babe” Schwartz Papers Dates: 1967, 1971-2006 (bulk 1984-1986 and 1995-2004) Abstract: Texas state representative and senator, lawyer, and professor. Schwartz taught Ocean and Coastal Law at The University of Houston Law Center for 7 semesters, Texas A&M University at Galveston for three semesters, and one semester at the University of Texas at Austin law school. The collection primarily consists of his teaching records and materials related to his local interests and activism, including open beach access, erosion, and coastal zone management. Records include syllabi, lesson plans, course handouts, correspondence, reports, court cases, briefings, pamphlets, and information packets. Location: MC013 Size: 5.5 linear feet. 10 boxes. Language: English Repository: Jack K. Williams Library, Archives and Manuscripts, Texas A&M University at Galveston. Phone: 409-740-4560; Email: [email protected] Preferred Title of item. Box #, Series #. Aaron Robert “Babe” Schwartz papers. Citation: Jack K. Williams Library, Archives, and Manuscripts, Texas A&M University at Galveston, Galveston, TX. Donor: Aaron Robert “Babe” Schwartz Biographical Note Aaron Robert “Babe” Schwartz, Texas state senator, lawyer, and professor, was born to Russian immigrant parents in Galveston, Texas on July 17, 1926. He married wife Marilyn in July 1951. They have four sons, twelve grandchildren, and two great grandchildren. He grew up on Galveston Island and held numerous jobs involving the water and the beach, including working as a beach chair rentalist and lifeguard. After graduating from Ball High School in Galveston he attended Texas A&M University for two semesters, but decided leave the university and enlist in the Navy from 1944-1946. -
Texas Civil Rights Trailblazers
Texas Civil Rights Trailblazers 9 Time • Handout 1-1: Complete List of Trailblazers (for teacher use) 3 short sessions (10 minutes per session) and 5 full • Handout 2-1: Sentence Strips, copied, cut, and pasted class periods (50 minutes per period) onto construction paper • Handout 2-2: Categories (for teacher use) Overview • Handout 2-3: Word Triads Discussion Guide (optional), one copy per student This unit is initially phased in with several days of • Handout 3-1: Looping Question Cue Sheet (for teacher use) short interactive activities during a regular unit on • Handout 3-2: Texas Civil Rights Trailblazer Word Search twentieth-Century Texas History. The object of the (optional), one copy per student phasing activities is to give students multiple oppor- • Handout 4-1: Rubric for Research Question, one copy per tunities to hear the names of the Trailblazers and student to begin to become familiar with them and their • Handout 4-2: Think Sheet, one copy per student contributions: when the main activity is undertaken, • Handout 4-3: Trailblazer Keywords (optional), one copy students will have a better perspective on his/her per student Trailblazer within the general setting of Texas in the • Paint masking tape, six markers, and 18 sheets of twentieth century. scrap paper per class • Handout 7-1: Our Texas Civil Rights Trailblazers, one Essential Question copy per every five students • How have courageous Texans extended democracy? • Handout 8-1: Exam on Texas Civil Rights Trailblazers, one copy per student Objectives Activities • Students will become familiar with 32 Texans who advanced civil rights and civil liberties in Texas by Day 1: Mum Human Timeline (10 minutes) examining photographs and brief biographical infor- • Introduce this unit to the students: mation. -
National American Women Suffrage Association
IHLC MS 997 National American Women Suffrage Association. Records, 1913-1920. Manuscript Collection Inventory Illinois History and Lincoln Collections University of Illinois at Urbana-Champaign Note: Unless otherwise specified, documents and other materials listed on the following pages are available for research at the Illinois Historical and Lincoln Collections, located in the Main Library of the University of Illinois at Urbana-Champaign. Additional background information about the manuscript collection inventoried is recorded in the Manuscript Collections Database (http://www.library.illinois.edu/ihx/archon/index.php) under the collection title; search by the name listed at the top of the inventory to locate the corresponding collection record in the database. University of Illinois at Urbana-Champaign Illinois History and Lincoln Collections http://www.library.illinois.edu/ihx/ phone: (217) 333-1777 email: [email protected] 1 National American Women Suffrage Association. Records, 1913-1920. Contents National Press Department ...................................................................................................................... 1 New Service (Releases) .......................................................................................................................... 1 Biographical Service .............................................................................................................................. 1 Miscellaneous ........................................................................................................................................