Constitutional Amendments

In theory the election this November is non-partisan, we’ll have mayors, city council and special utility districts seats on the ballot as well as ten constitutional amendments. Most of the candidates will avoid using partisan labels as is appropriate for these races. The amendments proposed for the Texas constitution are non-partisan in as much as they passed the legislature with the votes at least a large fraction of each party.

The League of Women Voters and others publish non-partisan guides to the constitutional amendments, you can find them and the candidates on your ballot at Vote411.org. Our own state representative, John Kuempel, included the amendments and the state legislature’s approved pros and cons on the last page of the missive he mailed to voters a week or so ago.

I can only support Amendment 2 and 10. Amendment 2 provides for the Texas Water Board to issuing bonds to provide financial assistance in developing water projects in economically depressed areas that would otherwise be unable to provide adequate resources for their citizens. Amendment 10 would allow law enforcement animal handlers to take ownership of their service animals when those animals are retired leaving them in the hands of people they have come to know, love, and trust rather than the current process of auctioning the animal to the highest bidder. The auctions only generate a few thousand dollars a year and it seems unnecessary and inhumane to take the animal away from the only family it has known for many years in the last years of its life.

Amendment 3 is designed to allow yet another property tax exemption, this time for property damaged in hurricanes and similar instances. As it stands now if the property is that badly damaged its assessed value will be decreased and therefore the taxes lowered anyway.

Amendment 4 is a big no. The stated purpose is to prohibit the imposition of a state income tax. First state law already does that, as it requires a vote of the citizens to start taxing “natural persons”. The real kicker and reason to vote no is that passage of this proposition changes the language of state law to prohibit an income tax on “individuals”. To most of us such a difference of phrasing seems innocuous but in the legal world, that change is very significant as corporations are treated as “individuals” which means that Amendment 4 prohibits an income tax on corporations whereas current law does not. That’s why state law provides for what is known as the Franchise Tax which Republicans have been trying to kill by increments since the day it passed.

This week I received a mailer on Amendment 5 pushing to dedicate sales tax revenue from the sale of sporting goods to the state parks system. I’m fundamentally opposed to dedicated taxes as it hamstrings legislators and prevents them from addressing budget problems, particularly when the economy suddenly drops like it did in 2011 when the state cut 6% from the education budget. Amendment 5 would just make that situation worse.

Amendment 9 authorizes another tax exemption, this time for the wealthy and big businesses that stock significant amounts of precious metals, gold and silver among others. Right now those precious metals are eligible for property taxes so if they were to be exempted your community may find the need to increase your property taxes in order to make up the difference.

There’s not enough space to cover the rest, all I can say is that in my opinion you would be best served by voting no to all but 2 and 10.

Published in the Seguin Gazette - October 18, 2019

Trump a Danger to Our Democracy

There is so much press on the latest crazy thing Trump tweets or says that you’d think that was all there is to worry about with his presidency. Unfortunately those things are just the tip of the iceberg. I don’t mean that in just the sense of scale but also in the sense of what is readily visible as compared to the damage being done under that visible layer.

Although the Constitution’s Emoluments Clause prohibits taking things of value, like money, from foreign nations or their leaders Trump continues to profit from their spending at his various hotels and resorts. All Presidents in the last century have avoided such things with those in our lifetimes having put their businesses or investments in blind trusts or otherwise even having the appearance of profiting from their office. Trump does it proudly and often. What’s worse is that the Republican controlled Congress can’t be bothered to take action to enforce it and the courts have thrown out lawsuits filed by those who attempt to hold him accountable.

Trump has made numerous nominations or in some cases appointments of people who were manifestly unqualified. In one case a judicial nominee that couldn’t answer first year law student level questions. In another case the nominee lacked experience and failed to disclose that his wife works in the White House counsel's office. This from the man who when he campaigned claimed that he always hired the best people.

Trump’s first Secretary of Health and Human Services, former congressman Tom Price, was forced to resign over using tax payer funds to pay for private travel expenses. Other cabinet members were caught doing the same thing but managed to get away with it under cover of Price bowing out.

In addition to nominating those who are manifestly unqualified he has been installing agency heads who have previously urged the destruction or shrinkage of the agencies to which they’ve been appointed. First among them is our on former governor, Rick Perry, who when he ran for president said that the Department of Energy was one of the three agencies he wanted to eliminate and now he is the Secretary of Energy. Perry publicly admitted after his appointment he didn’t know that the Department of Energy is responsible for the development and maintenance of the nation’s nuclear warheads.

At the Environmental Protection Agency Trump appointee Scott Pruitt previously spent his career working to dismantle environmental regulations that keep Americans healthy. Pruitt has simply ignored a 2015 law that requires the agency to review areas of the country that aren’t meeting the standard set in 2015 and force compliance in order to protect the health of Americans in those area. Pruitt has begun replacing highly qualified scientific and medical professionals who server on agency advisory committees with people that have a track record of disagreeing with established scientific research and in some cases have financial connections to polluting industries.

Trump has repeatedly attacked judges who have ruled against him on issues like the travel ban. He has attacked the FBI which is investigating allegations of collusion with Russian agents. He has attacked the press and wants to enact laws to make it easier to sue for libel which would weaken the protections afforded by the Bill of Rights.

He has done all this and more in his first year in office and yet the only substantive legislation he has signed is a tax break for millionaires. The damage to our nation and most importantly to our democracy has only just begun.

Reponse to January 20 Express News letter to the editor

Durand Waters’ letter “Losing our Republic” seems to pin the blame for the nation’s ills on the roughly 17% of the public who aren’t Christian or Jewish. It’s awfully arrogant to claim that Christians and Jews have a monopoly on morality when we have such examples as the disgraced Ted Haggard, Jim Bakker defrauding his flock and the Catholic Church hiding child molesters.

If there’s any small minority that can be blamed for the loss of the Republic it’s the 1% super rich like the Koch brothers who through their direct and indirect campaign donations and lobbying have suborned the government that is supposed to be, as Abraham Lincoln famously stated in the Gettysburg Address, “of the people, by the people and for the people”.

Waters asks if there’s any better way to pledge allegiance to the Constitution than by placing our hand on the Bible? The answer is of course that there is, especially if you’re one of the 17% that is moral without being Christian or Jewish. On the other hand what good is that pledge if the “monied interests” that Andrew Jackson feared would overwhelm the nation are the real masters.