Monthly Archives: January 2012

Voter Fraud And Voter ID Laws

In June of last year our North Carolina governor Bev Purdue vetoed a bill that would have required voters present government issued ID at the ballot.  In other words, our citizens would have to prove they are who they say they are.

Bev’s comments upon vetoing this bill:

“The right to choose our leaders is among the most precious freedoms we have – both as Americans and North Carolinians. North Carolinians who are eligible to vote have a constitutionally guaranteed right to cast their ballots, and no one should put up obstacles to citizens exercising that right.

“We must always be vigilant in protecting the integrity of our elections. But requiring every voter to present a government-issued photo ID is not the way to do it. This bill, as written, will unnecessarily and unfairly disenfranchise many eligible and legitimate voters. The legislature should pass a less extreme bill that allows for other forms of identification, such as those permitted under federal law.

“There was a time in North Carolina history when the right to vote was enjoyed only by some citizens rather than by all. That time is past, and we should not revisit it.

“Therefore, I veto this bill.”

I read the Constitution of North Carolina, I have to assume that Gov. Purdue was speaking about that state Constitution because she is acting as state Governor AND the United States Constitution has no “Right to Vote” language in it.  And this is what the Constitution says:

Section 1.  Who may vote.

Every person born in the United States and every person who has been naturalized, 18 years of age, and possessing the qualifications set out in this Article, shall be entitled to vote at any election by the people of the State, except as herein otherwise provided.

 

Sec. 2.  Qualifications of voter.

(1)        Residence period for State elections.  Any person who has resided in the State of North Carolina for one year and in the precinct, ward, or other election district for 30 days next preceding an election, and possesses the other qualifications set out in this Article, shall be entitled to vote at any election held in this State.  Removal from one precinct, ward, or other election district to another in this State shall not operate to deprive any person of the right to vote in the precinct, ward, or other election district from which that person has removed until 30 days after the removal.

(2)        Residence period for presidential elections.  The General Assembly may reduce the time of residence for persons voting in presidential elections.  A person made eligible by reason of a reduction in time of residence shall possess the other qualifications set out in this Article, shall only be entitled to vote for President and Vice President of the United States or for electors for President and Vice President, and shall not thereby become eligible to hold office in this State.

(3)        Disqualification of felon.  No person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, shall be permitted to vote unless that person shall be first restored to the rights of citizenship in the manner prescribed by law.

It is pretty clear.  You have to be:

  1. 18
  2. A citizen
  3. A 1 year resident

It is a reasonable request that an individual representing his desire to vote prove that.  Any claim that this is NOT reasonable is based in pure politics.  There are those who claim that requiring such proof would disenfranchise voters who, as it turns out, would vote for candidate of a certain political persuasion.  It can not be ignored that the desire to create a system that so easily creates conditions where people who are not who they say they are can vote is a system that is inherently and purposely flawed in order to create election day advantages.

I bring this up because the state Republicans were unable to overcome the Governor’s veto and it appears the bill will remain just that, a bill.

S. 1867: National Defense Authorization Act for Fiscal Year 2012

I’ve spent some time considering the implications of the National Defense Authorization Act.  We know we have to fund the military, we know we’re gonna fund the military and because no one wants to look like they don’t support the military we get all kinds of nonsense added into these bills.

This time though, that nonsense isn’t really nonsense.  It’s really bad news.

The bill also contains several detainee provisions that civil liberties groups and human rights advocates have strongly opposed, arguing that they would allow the military greater authority to detain and interrogate U.S. citizens and non-citizens and deny them legal rights protected by the Constitution.

In short, the bill now law allows the military to detain American citizens indefinitely in the simple suspicion they may be terrorists.

I don’t care WHAT they are suspected of, the unlimited detention by our government for any reason is beyond the pale.  And is, quite simply, the most radical change to our foundation that we may have ever seen.

I haven’t taken the opportunity to wrote about this.  I’m torn.  On the one hand I am massively biased against the Democrats in the Senate and the President in the White House.  I want to make sure, NEED to make sure, that I was disagreeing for the right reasons on this one.

And I couldn’t be sure.

Until I remember one of my most earliest blog writings on a blog now defunct in 2008:

I think that too much has been made of the facts that the folks down in Guantanamo are being granted rights that are guaranteed under The Constitution.  That somehow giving these guys the rights to question their detention is something that is unique to America.  With very little work, it can be seen that these rights began to be articulated long long ago, in fact, according to Wiki, we begin to see them form in 1305.

http://en.wikipedia.org/wiki/Habeas_corpus

As such, the fact that our Supreme Court has extended the rights as such should not be so controversial.  In fact, the idea that they should NOT be afforded the rights would be much more newsworthy.  The problem many of us have, however, is the official designation of the detainees.

I have always felt that participants in the War OF Terror (read: The Terrorists) are NOT soldiers.  They are not members of a regular and lawful Military Organization.  They do not meet the wherefores and the how to bes of the Geneva Convention.  That is, they are NOT Prisoners of War.  Rather, they are simply foreign nationals found to be conducting illegal activities.  Activities against the USA or, perhaps, against civilization.  Because they are not soldiers, that is protected under the Geneva Convention, they can not be held until the end of the conflict, or in this case, the war.  Similarly, we are under no obligation to treat them in accordance or in the spirit of the Convention either.

But, because they are not Prisoners of War, they are criminals.  Or, more specifically, potential criminals.  That is, detainees who will at some point be read their charges and tried in come form of court of law.  That seems straight forward.  If they are bad guys, and we know this to be true, then charge, try and if applicable, jail them.  If we have no evidence, then we should release them.  Period.

In all of this, however, I find no compulsion to afford them the rights of American criminals in our American judicial system.  It would, in my mind, be just fine to charge, try and if guilty, punish these guys in a military tribunal.  Or something.  Or, like, anything.

But, in the end, we can not just hold these guys forever.

I disagreed with this concept back when Republicans were in office.  I disagree with it now and am finally able, guilt free, to say

“Shame on ALL persons who voted for or signed this bill to make it law.”

At least now I can say that even Democrats are tribal too.

Testing

I’m Testing new feature.

Michelle Bachmann Drops Out Of The Race

As expected, Michelle Bachmann announced that she is leaving the race for the Republican nomination.  This comes on the heels of a poor showing in Iowa, a state that Bachmann had to have in order to demonstrate viability.

She did poorly last night and this morning she is  out:

Mrs. Bachmann said on Wednesday morning that she would not continue her campaign for the Republican presidential nomination.

“Last night, the people of Iowa spoke with a very clear voice, and so I have decided to stand aside,” Mrs. Bachmann said at a news conference in West Des Moines.

I never thought that Bachmann was a serious candidate.  Typically it’s an insider with long term ties to the party that gets the nod.  Further, we have a history of nominating political “Do’ers” and not “Voters”.  This is why we see more governors running than Senators,  And Bachmann wasn’t even a Senator.

She added value to the race by providing a serious conservative slant.  And hopefully, she was able to pull candidates further right than they otherwise would have.  Further, her national attention will now allow her to mount a run for the US Senate where she would face Democrat Amy Kloboucher.  After having the seat stolen from the Republicans in 2008, it would be nice to get one back in 2012.

Good luck Michelle.

Veto Override Meeting: Racial Justice Act

In 2009 North Carolina passed the Racial Justice Act.  The law allows death-row inmates the ability to appeal their sentence arguing that racial discrimination was a factor in that sentence.  I’ve long argued that the death penalty is not a viable tool in our criminal justice system for just that reason.  The sentence is not applied uniformly and it disproportionately impacts minorities and the poor.

Because of this I oppose the Death Penalty and I applauded the passing of the law.

Now, however, state Republicans are meeting to discuss how they plan to proceed in overriding a governor’s veto that would have repealed much of this very important law:

 RALEIGH, N.C. — When the Republican-led Legislature considers Wednesday whether to cancel Gov. Beverly Perdue’s veto and scrap the Racial Justice Act, the outcome of the override session will depend again on whether a handful of the governor’s fellow Democrats side with the GOP.

The Republicans have it wrong.  They were wrong to oppose the bill in 2009, wrong to send it to the Governor’s desk in 2011 and are wrong now.

The idea that the government would discriminate, especially in this matter, is an assault on the senses.  Hopefully the Democrats in the House stand firm and do not change their vote to assist the veto override.

Measuring History And Economic Productivity

Over the holiday break, the Economist ran a bunch of really cool little snippets of articles.  One of them caught my eye:

The chart below shows a population-weighted history of the past two millennia. By this reckoning, over 28% of all the history made since the birth of Christ was made in the 20th century. Measured in years lived, the present century, which is only ten years old, is already “longer” than the whole of the 17th century. This century has made an even bigger contribution to economic history. Over 23% of all the goods and services made since 1AD were produced from 2001 to 2010, according to an updated version of Angus Maddison’s figures.

What this is saying is that of all the economic history since the birth of Christ, 23% of it has been made in this decade alone.

And the chart.

Fascinating.  Considering that 55% of all economic history was made in the last full century, we are almost half way there and we’re only 11 years in.

North Carolina’s First Toll Road Opens Today

Today marks the opening of North Carolina’s first toll road:

Morrisville, N.C. — Tolls are now being collected on one of the Triangle’s newest roadways. The 3.5-mile Triangle Parkway opened Dec. 8, connecting Interstate 40 and N.C. Highway 147 in Durham County to N.C. Highway 540 in Wake County.

Tolls will be collected electronically on the highway, which is the first segment of the 18.8-mile Triangle Expressway that will eventually stretch from I-40 to N.C. Highway 55 in Holly Springs.

I am an optimist, so my excitement on this development makes a critical assumption; that other taxes used to fund our roads are diminished or retired as we begin to rely more and more on tolls.

The road, which will be expanded in segments, has a cost of nearly $1 billion.  If we only toll the current segment, that 3.5 long portion, we should come up with some cash to pay down the bill:

Use of the Triangle Parkway since its opening has also topped expectations, with 8,000 to 10,000 vehicles per day, officials said.

Tolls are 30 to 50 cents for cars with a QuickPass and 45 to 70 cents for those without.

Assuming everyone uses a QuickPass, the daily take for the system is $8,400 using the low side of vehicles and toll rate.  More if we use 10,000 vehicles and 50 cent average tolls.

As toll roads increase, we will have the ability to offset gasoline taxes AND increase the flow of traffic on our highways.

Government Regulations: Preventing Job Growth

Most likely since regulations “began”, there have been folks that feel we need more of ’em; we can’t sell rotten meat you know.  And there have folks that would have fewer of them; no one would buy rotten meat you know.  My position certainly falls nearer the “fewer are better” side of the ledger.

However, I will admit that there is a line.  Independent of what side of the “regulation debate” you come from, an earnest party to such a debate must realize that a couple of things:

  1. There is an extreme position.  On BOTH sides.  That is, there is an extreme amount OF regulation and an extreme LACK of regulation.
  2. There comes a point when one must admit he is approaching that line.

So, I get the point that taken to far, my position could become an extreme one, and unsustainable.  I happen to think that’s the “feature” of the way in which we build our laws; no one person gets to decide.  However, be that as it may, the point this morning isn’t to try and debate whether certain regulation is too much or too little, rather, it’s to point out the impact of regulations once applied.

Consider, for example, a recent letter from the EEOC, The Equal Employment Opportunity Commission, regarding the requirement of a high school diploma for employment:

The “informal discussion letter” from the EEOC said an employer’s requirement of a high school diploma, long a standard criterion for screening potential employees, must be “job-related for the position in question and consistent with business necessity.” The letter was posted on the commission’s website on Dec. 2.

Employers could run afoul of the ADA if their requirement of a high school diploma “‘screens out’ an individual who is unable to graduate because of a learning disability that meets the ADA’s definition of ‘disability,’” the EEOC explained.

Independent of whether or not one agrees with this direction from the EEOC, that is, not being within the rights to require a high school diploma for employment, the fact remains unequivocal:

The “regulation” will result in fewer jobs.  Employers hiring for low skilled or entry level positions will be that much more leery of facing a discrimination lawsuit than they may otherwise have prior.  And THAT will result in some of them delaying or outright canceling of a job opening.

The result of very well intention and noble altruism is that the new law, rule or regulation will cause more harm to and discriminate against the very target population that it was meant to assist.  This is true in exactly the same way and measure as minimum wage laws harming the very people it attempts to help.

Merit Based Teacher Salary

I grew up the son of a teacher.  Then I became a teacher.  Though, to be fair, I only lasted a single year.  It was a small town, a “negotiation” year and I really didn’t like the whole incentive thing.  As a result of the negotiations, which were conducted by a small negotiation team made up of men, the compensation system in the contract changed.  Teachers are paid based on a grid.  New rookie teachers with no more education than a bachelors degree start in the upper left hand corner of that grid.  For every year of experience, they get to “step” down the grid and get a raise.  The further down you go, the more you make.  Teachers can also move across the grid.  They do this by obtaining more education.  When they acquire enough, they are said to change “lanes” and move from the left to the right.

The highest paid teachers are in the lower right corner of the grid.

I lost faith when I realized, very quickly, that I would never catch up to the old crummy teachers I worked with.  And when that negotiating team reduced the number of lanes from 9 to 3 in exchange for higher coaches salaries [the negotiation team consisted of mostly coaches].

I now have no ties to education save that my kids are in school.  Further, I am in an occupation where I am not in a union.  My continued employment is dictated by market conditions combined with my ability to produce value for my bosses.  Further, my salary is determined by the success of the firm and my contribution to it.

The better I do the more I make and the stronger my job security is.  The converse is true.

It is my love of teachers and the role they play in the development of our kids AND the power of market based incentives that makes me love this story of merit based teacher’s salaries:

WASHINGTON — During her first six years of teaching in this city’s struggling schools, Tiffany Johnson got a series of small raises that brought her annual salary to $63,000, from about $50,000. This year, her seventh, Ms. Johnson earns $87,000.

That latest 38 percent jump, unheard of in public education, came after Ms. Johnson was rated “highly effective” two years in a row under Washington’s new teacher evaluation system. Those ratings also netted her back-to-back bonuses totaling $30,000.

In my calculus, the district accomplished two things:

  1. It created a massive incentive to perform.
  2. It created a massive incentive to continue teaching.

“Lots of teachers leave the profession, but this has kept me invested to stay,” said Ms. Johnson, 29, who is a special-education teacher at the Ron H. Brown Middle School in Northeast Washington. “I know they value me.”

I love this statement:  “This has kept me invested to stay.”

EXACTLY!

When an organization values an employee it helps retain that employee.  When that value takes the additional value of added pay, that retention is even greater!

On the other hand, there is the opposite phenomena  , one that I consider more dangerous to the education of our kids; the incentives provided to the poorest performing teachers:

Under the system, known as Impact Plus, teachers rated “highly effective” earn bonuses ranging from $2,400 to $25,000. Teachers who get that rating two years in a row are eligible for a large permanent pay increase to make their salary equivalent to that of a colleague with five more years of experience and a more advanced degree.

Those rewards come with risk: to receive the bonuses and raises, teachers must sign away some job security provisions outlined in their union contract. About 20 percent of the teachers eligible for the raises this year and 30 percent of those eligible for bonuses turned them down rather than give up those protections.

There are teachers who are SO concerned with losing their jobs that they turned down the money.  Turned. Down. The. Money.

Two things:

  1. These are teachers we should work to remove.
  2. These teachers WERE compensated for their labor.  The fact that they value job security MORE than the money does NOT mean that they didn’t receive anything of value.

I look forward to continued market based, merit based teacher compensation.

North Carolina Gas Tax Increasing

For those of us buying gasoline in North Carolina, the price of that gas is going to go up by about 1% beginning with the New Year:

RALEIGH, N.C. — The new year is already bringing changes to North Carolina drivers in the form of a record high tax on gasoline.

Revenue Secretary David Hoyle said last month the state motor fuels tax would grow by 3.9 cents per gallon to 38.9 cents starting Sunday. That’s the highest-ever state tax on gas. The tax rose by 2.5 cents per gallon in July.

State law directs the tax be recalculated automatically twice a year based on a formula linked to wholesale gas prices.

Right now, gas is about $3.22 before this new tax.  This will put gas at about $3.26 beginning January 1.

3.9 cents doesn’t sound like much, but 38.9 cents certainly does.  For each gallon of gas I pump I’m paying about $0.40 American.  My car has an 18 gallon tank meaning that every time I fill up I’m contributing $6.22 to the state.  Every time I fill up.

And this doesn’t count the federal taxes.

It would be interesting to see what both the state and federal governments do with that money.  How much of it goes to “infrastructure” projects?