Thursday, September 20, 2007

The Hypocrisy of Congress

Radley Balko has the story. Like the Instapundit, I don't want to hear these 13 Congressmen ever complaining about executive privilege in relation to any administration.

The "privileged class" indeed.

More Questions About Bundling

The Wall Street Journal is carrying a story about bundling, that is the practice of one person raising funds for a candidate in excess of their personal limits by tapping friends, colleauges, investors and yes even employees, in order to aid a candidate. While there is nothing illegal about this kind of bundling, the practices behind the scenes are a little troubling.

Campaigns run on money, and this presidential election cycle, the money chase is even more important than ever before. Top fundraisers like Norman Hsu, tap over and over again, the same donors and an expanding circle of donors in order to raise the money needed by campaigns. The pressure to raise more and more money leads to some questionable practices. The WSJ talks about one right off the bat:
When Hillary Rodham Clinton held an intimate fund-raising event at her Washington home in late March, Pamela Layton donated $4,600, the maximum allowed by law, to Mrs. Clinton's presidential campaign.

But the 37-year-old Ms. Layton says she and her husband were reimbursed by her husband's boss for the donations. "It wasn't personal money. It was all corporate money," Mrs. Layton said outside her home here. "I don't even like Hillary. I'm a Republican."

The boss is William Danielczyk, founder of a Washington-area private-equity firm and a major fund-raising "bundler" for Mrs. Clinton. Mrs. Layton's gift was one of more than a dozen donations that night from people with Republican ties or no history of political giving. Mr. Danielczyk and his family, employees and friends donated a total of $120,000 to Mrs. Clinton in the days around the fund-raiser.

In an interview, Mr. Danielczyk said he "did not and would not" reimburse employees or others for their political donations. Such reimbursement would be illegal. Mr. Danielczyk said he was a co-host for the event at Mrs. Clinton's home. "Everybody was asked to contribute," he said, "some said yes and some said no." He added, "No arm was twisted."
The problem is that we have a "he said, she said" type of argument and the potential violation, that of making a contribution in the name of another or reimbursing an employee for a contribution is almost impossible to prove and if proven, it is done so far after the fact, indeed usually after the election, that the matter is moot in terms of the candidate.

Add to the matter that the campaign is rarely, if ever, punished for any reimbursement scheme. No candidate is stripped of office or even forced to disgorge the donations because from their perspective, the money was proper, it is that acts before or after the contribution that are the violation. In the case of Layton and Danielczyk, it is likely that there are two possible scenarios at work here, both of which would be improper. Danielczyk leans on his employees to give, which is improper only if one crosses a rather hazy line in the sand. Asking is okay, even begging, but demanding or ordering is not okay. But if your boss asks you to give, there may be an unstated threat and that unstated threat is just the kind of duress that is difficult to prove. The boss can say, "I only asked, she didn't have to give." But the employee may be thinking, "if I don't give, will this affect my job?" The political contributions in question here are not some $25 dollar ticket to a local picnic, but a nearly $10,000 for a husband and wife ($4,600 a piece), so the pressure is intense.

The second scenario is that the employee makes the contribution and then gets some sort of bonus later on. A savvy boss would not reimburse $9,200 dollars, that would be too suspicious, but a $10,000 bonus or a series of smaller bonuses may appear. While obviously the bonus wouldn't say "reimbursement for Hillary Clinton Contribution" on the check, the reimbursement is made--sometimes without even the employee knowing it directly.

I suppose a third scenariou might be possible, that Mrs. Layton's husband said they would be reimbursed and won't be--but that is a marriage problem, not a campaign finance issue.
One person at the event was a Washington-area investor who was considering putting some money in one of Mr. Danielczyk's ventures. The investor, a registered Republican, said he was invited by Mr. Danielczyk and a colleague who were wooing him to invest at least $125,000 in one of their companies.

The investor, who spoke on condition of anonymity, says he didn't donate any money to Mrs. Clinton. Campaign-finance records show that the investor contributed $4,600 on March 30 to Mrs. Clinton. The reason for the discrepancy isn't clear.

Mrs. Layton, who lists her occupation as dental instructor at a wellness center, is a Republican, and her husband, Philip, has supported Democrats in the past. Mr. Layton is the information technology director at Galen Capital, according to the company's Web site.

"I was invited but I didn't want to go," Mrs. Layton said.

Other Republican voters who contributed the maximum amount to Mrs. Clinton at this event included Mr. Danielczyk's mother, sister, personal assistant and a half-dozen employees or their spouses. Most of the donors had never made a political donation before contributing $4,600 to Mrs. Clinton, according to fund-raising records.

Mr. Danielczyk said some of the attendees were Republicans, but "they may vote for her [Mrs. Clinton] now." He added, "It's odd ... You try to get involved in the political process and you come under scrutiny."
Mr. Danielczyk is correct. As I noted before, the problem is not for the campaigns, most of whom would never be punished for these kinds of potential violations and if they did come under scrutiny, they have access to some very good lawyers to help them. The problem lies in the fundraisers and donors, most of whom, like Danielczyk, are new to the game. As novices they may make mistakes and errors, most of which now carry some very signficant penalties, including prison time for willful violations. Some may get into trouble and lack the protection of the campaigns, who will cut and run faster than you can say arraignment, leaving the donor on the hook.

So the fundraiser and a few contributors run afoul of the FEC and the campaign finance system, all because the rules are so arcane that it takes a seasoned lawyer to understand them. the problem could be solved rather easily and make life easier on both the candidates and the donors--unlimited contributions, immediately disclosed using disclosure tools currently available.

A little tweaking to the FEC contribution database would allow for the "red-face" test to be the big test for candidates. Can a candidate accept a large donation, say $100,000 from someone like George Soros or Mr. Danielczyk and not be embarassed?

The simple rule would be, any contribution in excess of $5,000 must be disclosed within 48 hours and any contribution in excess of $10,000 (both indexed for inflation perhaps) would have to disclosed within 24 hours. These contributions would also be augmented by current disclosure reports. With no limits, but full disclosure, you get away from the need for these types of bundlers and some of the shady practices that now dot the landscape.

Wednesday, September 19, 2007

Frederick County Sheriff Getting Immigration Authority

Frederick County Sheriff Chuck Jenkins is looking to expand his force's role in helping enforce immigration laws.
Sheriff Chuck Jenkins will meet next week with Immigration and Customs Enforcement officials to discuss local deputies aiding in enforcement of federal immigration law.

The county is working to increase immigration enforcement, a duty once left to the federal government.

"My goal is if there are people here illegally in this country and they break the law in this county, then we can assist ICE in the detainment and deportation process," Jenkins said Tuesday.

Federal law allows local law enforcement to assist by checking immigration status of those who have been arrested.

Officers receive four to five weeks training from ICE at no cost and can then perform certain duties under the supervision of sworn ICE officials.

Those duties will be incorporated into their routine daily patrol, Jenkins said.
The all-but complete abdication of the federal role in immigration enforcement has forced more and more local authorities to start seeking an enforcement role to curtail certain criminal activity in their jurisdictions. Jenkins cites growing gang activity in Frederick County as one reason for his interest in getting ICE authority to help with detainment and deportation.

The trend of local enforcement of some immigration laws is in keeping with the federalist principles of our nation, particularly in matters of law and law enforcement. In our courts for example, just about every court of general jurisdiction in the nation is capable of interpreting and enforcing federal laws, including the Constitution. While there are certain areas of the law that are reserved for federal courts, most courts are deemed capable of enforcing federal law.

The same can and should be said of law enforcment in terms of policing. Yes, there are some areas of the law where federal expertise should take precedence, immigration and ATF are but a couple of examples. However, just because there are federal laws regarding immigration or alcohol, tobacco or firearns, does not mean that local police agencies are incapable of enforcing some parts of those laws. For example, there are local gun laws as well as federal laws, both of which are enforced at the local level.

In an interstate context, the federal police agencies like ICE should take the lead in investigations and prosecutions, but there is no reason why a local police agency cannot, indeed should not, enforce immigration laws. Presence in this nation illegally is a violation of the law and any competent police agency should be permitted to investigate, detain and begin processing illegal immigrants.

Under the program Sheriff Jenkins is entering into, local enforcement agencies would not be permitted to investigate illegal immigration as a crime in and of itself (which seems stupid), but are permitted to question detainees on their immigration status once taken into custody for other crimes.

Sheriff Jenkins' move comes on the heels of another recent arrangement with the federal govenrment to house illegal immigrants awaiting criminal hearings throughout the region.
The Sheriff's Office has already entered into another agreement with ICE by housing undocumented immigrants charged with crimes in states across the region.

There were 49 ICE detainees as of Tuesday, and Jenkins estimates the county will charge ICE $90,000 to house them in the month of September. Under an agreement, the federal government pays $83 per day for each illegal immigrant held. The only costs associated with detaining those immigrants are meals and a small cost for medical screening.

It costs local jails about $70 per day in fixed costs to house an inmate, but Jenkins said many of those costs would remain whether the jail has a few inmates or reaches capacity.

The detention center can hold up to 520 inmates and if it is ever full, Jenkins has the right to refuse housing inmates for ICE.

The county is making a profit on the deal, but Jenkins said that's not his motivation for participating.

"The biggest part of the picture is it allows us to help ICE do their job to move detainees around the region and eventually to deportation," he said.
While profit is not a motive, it sure is a nice benefit.

Kudos to Sheriff Jenkins for taking seriously an issue that much of the rest of state doesnt' seem to care much about, including the neighboring People's Republic of Montgomery County, which is all but a sanctuary county.

Civic Literacy Report

Take this interesting quiz. I did well, missing some questions related to political philosophy and economic policy, but still socred a 55 out of 60 for a 91.6% score. The average for the test is 74.3, so I am ahead of the curve.

the quiz is somewhat hard and is apparently designed to be taken by college graduates. The problem is that many college graduates don't have the same background in political science and history that I do. That is the point behind the group who posted the test.

Clint Dempsey Talks About Fulham

Fulham FC leading scorer, American Clint Dempseytalks about making Craven Cottage a tough place to visit.
It’s very important to get points at home,” he said. “We definitely have a good atmosphere there. I haven’t been here long, but it seems like from the time I’ve been here the atmosphere has got better and better. It gives us something to look forward to. Not only are we getting better as a team, but the atmosphere the fans create is getting better as well.

“I think that with every game we’re playing better and better football. The most important thing is results, but putting in good performances is just behind that. When you’re playing good football it’s fun to be out there and I think we’re doing a better job of passing the ball around, being more creative and creating chances, so it’s exciting. It’s definitely more exciting than it was last season, for me at least.”
I beleive Fulham are playing better ball and that makes me happy. However, their game pattern is disturbing.

I mentioned earlier this season that Fulham was falling into a pattern of scoring and going up early and then blowing the lead in the final minutes. Early in teh season, I might have been able to dismiss the matter as one of game fitness, but after nearly two months of play, including a international break, game fitness is not the problem.

What Dempsey and company have to do in addition to playing better football is to stay mentally sharp from teh starting whistle to the final whistle. The team has teh talent to be easily in the top ten of the League table and compete with the likes of Arsenel, Man. U and Chelsea for top honors, but not until they break their pattern.

Carnival of Education: 137

The Education Wonks are hosting the carnival this week.

Electronic Voting Primer

Prof. Dan Tokaji is probably the nation's foremost expert on the legalities of voting and voting technology. Prof. Tokaji has a great post about the current debate surrounding electronic voting and a voter verified paper trail.

I don't agree with many of Prof. Tokaji's positions, but if you are looking for a good primer on what is going on in the field, his most recent post is a good one.

Tuesday, September 18, 2007

Maryland End Run Around Constitution

Maryland Governor Martin O'Malley issued a new gun purchase regulation that would require a purchaser to permit their mental health records to be examined by state police.
Gov. Martin O'Malley's administration has quietly issued a new gun purchase regulation that requires prospective buyers to sign a waiver releasing their mental health records to the Maryland State Police.

The rule, which came in response to the killings at Virginia Tech and took effect Aug. 1, is intended to help police determine whether someone should be prevented for mental health reasons from buying a gun. It would apply to people who have been ordered into treatment by a court or who have checked into a state psychiatric hospital for at least 30 days.
My problem is that why aren't these records affirmatively posted in such a way as to popup on a background check, thereby preventing those who shouldn't buy from actually buying as opposed to asking every buyer to give up their private medical records.

In short, the burden should be on the state to prove that I can't buy a weapon as opposed to proving to the state that I should be able to buy a weapon.

This is How Free Will Is Undermined--One Little Thing at A Time

Hillary Clinton:
She said she could envision a day when "you have to show proof to your employer that you're insured as a part of the job interview — like when your kid goes to school and has to show proof of vaccination," but said such details would be worked out through negotiations with Congress.
Of course, there are lots of things that would have to be worked out with Congress--hence the brilliance and the weakness of the plan.

MLS Expansion Field

Major League Soccer is considering expansion by at least one if not two teams next year. Here is a handicapping of the possible expansion.

I think Seattle and Philadelphia are good shots. Seattle has a solid franchise for United Soccer Leagues and strong fan base, including the Vancover area. I think MLS would be silly to ignore that location. Philly has been abuzz with rumors of a soccer specific stadium in the redeveloped Chester area (just south of the Philly airport and city proper) and that could be great for the area.

St. Louis has long been a great soccer city and would also be a solid choice and I like the idea of some more teams in teh middle of the country as opposed to just the coasts. I don't want to see another franchise in New York at all. The Red Bulls are doing well and unlike LA and Chivas USA, a sort of off shoot of a popular Mexican club, I am not sure New York can really support a second team just yet.

Barring a merger between USL and MLS in the near future, here are my preferences

1. Seattle
2. St. Louis
3. Philly
4. Atlanta--a real long shot I know.

Interesting Questions on the Hillary Health Plan

From The Corner.

Support Grows for Teacher Bonuses - washingtonpost.com

I am not sure how much longer the teacher's unions can hold out on the issue of performance pay.
The Washington Post carries the story on its front page of the print edition, and the news is not good. A movement gaining momentum in Congress and some school systems in the Washington region and beyond would boost pay for exceptional teachers in high-poverty schools, a departure from salary schedules based on seniority and professional degrees that have kept pay in lockstep for decades.

Lawmakers are debating this month whether to authorize federal grants through a revision of the No Child Left Behind law for bonuses of as much as $12,500 a year for outstanding teachers in schools that serve low-income areas....

Rep. George Miller (D-Calif.), chairman of the House Education and Labor Committee, said that the teaching workforce is leaking talent and that his proposal would help rejuvenate it. Young teachers watch their friends "go off and get paid for their time and ingenuity" in other fields, Miller said. "In teaching, you go as fast as the slowest person."

Miller's proposal, building on recent federal steps to encourage incentive pay, would provide grants to school systems that choose to pay bonuses to teachers who excel in high-poverty schools, worth up to $10,000 in most cases and $12,500 for specialists in math, science and other hard-to-staff subjects. Decisions on who gets extra pay would be based on student test gains and professional evaluations. Miller's aides said they had no cost estimate for the measure.
When the leading Democrat in the House is pushing performance pay, it is going to be difficult for the NEA and AFT to make a solid case against performance pay. While it could have been argued five years ago that there was no data to suggest that performance pay either improved teacher retention or improved student performance, that may soon no longer be the case.
Performance pay efforts are underway in school systems in Denver and Minnesota, and some local administrators are planning to establish fast tracks for financial rewards for top teachers.
With the improvement in student data and the ability to link students to their teachers in the data, in a few years at worst, we are going to see the impact of performance pay on retention--at least in the short run, and student performance.

Admittedly, the unions do have a fair beef with performance pay being tied to one and only one measurement. However, students and schools are measured on performance on test scores alone as well. While a student's overall grades, both in terms of classwork and standardized tests should be the measure of success for them, and there are certainly other measures of success for a school, teachers unions have yet to make a case for what measurements should be involved in performance pay.

The teachers' uninos are going to have to drop their objection to performance pay. The fact of the matter is that it is real and it is coming. For all their sermons about the noble profession of teaching, every other actor in the education arena is looking to treat, and compensate, teachers as professionals, that is rewarding the truly good ones and incentivizing others to improve, save the unions themselves. The unions are the only education actor worth anything that does not embrace the idea of some sort of performance pay for teachers. The unions are wedded to the notion of collective bargaining, step pay schedules and treating teachers as interchangeable parts, like unskilled, but educated, factory workers.

In fact the unions will need to get out in front of this issue and propose a plan for objectively measuring teacher performance (and yes standardized test scores have to be a part of that measurement scheme--the schools simply cannot cave on that idea). If the unions would make such a gesture, it would be quickly received by policymakers and a reasonable plan can be developed, with all parties involved. Otherwise, a plan will be developed without teacher union input and shoved down their throat--essentially gutting them as a political entity.

Harder Courses Produce Gains

A pilot project in Hartford and Frederick Counties has led to some gains among studentsenrolling in more difficult courses reports the Baltimore Sun.
From 2003 to this year, the number of African-American high school students completing algebra I by their freshmen year rose 158 percent, the number of children from lower-income households finishing a chemistry course increased 115 percent, and the number of students overall taking a fourth science course went up 54 percent.

"We have seen significant gain in all student subgroups and the percentage of students taking rigorous coursework," Haas said.

To become Maryland Scholars, students must complete the prescribed additional courses - algebra II, chemistry, physics and foreign languages - and maintain at least a 2.5 grade point average.

Maryland Scholars, who are eligible for the federal Pell grant in college, receive additional aid for their tuition. In their freshmen year, scholars get an extra $750, and if they maintain a 3.0 GPA, they earn an additional $1,300 in their sophomore year. Students who major in math, science or specific foreign languages could receive an additional $4,000 through the federal Academic Competitiveness Grant in their junior and senior years.

The number of Harford County graduates who met the program's criteria increased from 931 in 2003 to 1,481 this year. More than half of Harford's 2007 graduating class were Maryland Scholars.

Since 2003, there has been a 33 percent increase in the number of students receiving free and reduced-price meals who qualified as Maryland Scholars.

The Maryland Business Roundtable for Education, a statewide nonprofit coalition of employers and businesses, partners with the governor's office and county school systems to run the Maryland Scholars program.
Color me shocked--if you challenge kids, they will rise to the challenge. Self-esteem is not built through touchy-feely help, but through success at something that is hard to do.

It is not enough, of course to simply, encourage kids to take the classes, but to succeed in them. Having a GPA requirement helps. Now that half of one county's graduating class qualifies for a program, it is time to up the ante a little. Let's make the coursework a little more challenging, including adding a significant writing requirement, i.e. a "senior thesis" type effort and a higher GPA requirement, say 2.75 on a 4.0 scale.

I have spoken before to classrooms on behalf of the Maryland Business Roundtable for Education and intend to do so again this year. If you live or work in Maryland, I strongly encourage you to check out this program.

U.S. Women's National Team Advance in Women's World Cup

With a 1-0 win over Nigeria in a practical monsoon, the U.S. women advance to the quarterfinal stage of the Women's World Cup. Lori Chalupny scored her first goal for the Women's side in the first minute of play.

With Sweden winning the other Group B Match against North Korea, the United States stands alone at the top of group B. Despite winning against North Korea, the Swedes will not advance ahead of North Korea, losing out on goal differential. The U.S. team will face England on September 22.

Sanchez: Squad Almost Perfect

Lawrie Sanchez believes the Fulham squad is almost perfect , well 20 percent short of perfect anyway.

Look, I think the team is in good shape, but they have to start getting some winning results and quit giving up goals in the last 15 minutes. If they can do that, they will start moving up the League table.

NY Times to Stop Charging for Parts of Its Web Site

About time.

Hsu--Fundraising Activities Are Bigger Than I Thought

Suitably Flip has done yeoman's work on collecting Hsu's fundraising efforts.

Go check it out--seriously.

Hillary Care and Illegals

Hot Air has links to the question, will Hillary Clinton's $110 billion boondoggle health plan cover all Americans or everyone living in America, legally or not:
Senior [Clinton] policy adviser Laurie Rubiner–-while acknowledging that undocumented immigrants are a “huge issue” in this country–-said, “That’s one we’re going to have to think through a little bit.”
“We have not dealt with every single detail with this plan,” Rubiner continued.
Translation: We’re not sure yet how the majority comes down on that point and want to feel them out. A day doesn’t pass lately, though, that doesn’t include a few new warnings from the media that the GOP’s reluctance to effectively dissolve the country’s borders is costing them big time among Latino voters. The Democrats won’t want to squander that advantage by withholding “free” health care from the “undocumented”; why, to do so would be downright nativist.
Hmmm.

Health care in America is not cheap, we all know this. But given that we are facing entitlement budgetary pressure, how can we afford to have another entitlement that will almost certainly top the $110 billion that Clinton claims her plan will cost?

Who Would Do Such A Thing?

The U.S. Park Police are investigating vandalism at the Vietnam Veterans Memorial.

Monday, September 17, 2007

Better Athletes?

Nike Presents the Lie of American Football and it is a big lie.

D over at DCenters notes the problem of the latest Nike ad featuring Shawne Merriman (Go Terps) and Stephen Jackson. The commercial gives the impression of football as a fluid sport, which everyone knows it is not.

However, I love this particular line:
A football player will spring fifty yards and trot to the sidelines for oxygen. A left back will sprint fifty yards and then have to reverse directions and sprint back fifty yards to cover the counter-attack.
What's more, that defender will do the same thing probably three dozen times a game in an inactive game. It would not surpise me to see that the average soccer midfielder runs 5 or 6 miles a game at various paces. A running back might be lucky to run half a mile total in a game--including running to and from the sidelines.

Now tell me, whose the better athlete.