The Last Blog Entry: Fruit of the Poisonous Tree

With my last blog entry for this course I decided to critique a subject that would encompass the things I have learned while attending college.  I've done several posts on the education in Texas as well as topics ranging from Governor Rick Perry to the Texas budget and redistricting.  I wanted to critique a topic I haven't done before for this course so I decided to critique the blog of Think Texas.

On November 28, 2011, Think Texas commented on the editorial titled, It's hard not to have death penalty doubts, which can be found on the American Statesman. After reading her comments, I have to agree that due process in Texas must change.  It's sad to think that Governor Rick Perry doesn't lose any sleep when it comes to innocent people being convicted of a crime they didn't commit and as a result, are now facing the death penalty.  How can a human being with a beating heart and even an ounce of a soul not lose sleep over innocent people being killed for something they didn't do? Whenever I hear people serving time for 20 or so years and then are released based on DNA evidence that proves they weren't the one that committed the crime, it just breaks my heart. That person just lost a great deal of their life by serving time in prison. They missed out on everything-birthdays, graduations, holidays, etc.  It's not like Gov. Perry can give that precious time back to that person. Nothing can make that better.

Think Texas stated "Wrongful charges have implicated many suspects for crimes ranging from murder to arson on such grounds as mishandled DNA and misidentification." When I read this statement, it brought me back to the days when I was studying to get my BS in Criminal Justice.  There are many wrongful convictions throughout the nation that stem from unvalidated or improper forensic science  or even government misconduct which ultimately leads to illegal evidence obtained from the fruit of the poisonous tree.

Since Gov. Perry took office in Texas, there has been 234 executions of death row inmates, more than any governor in modern times. With that many executions the state of Texas has a responsibility to those who are facing the death penalty to handle their case in a lawful and just manner.  Although death penalty convictions in Texas results in an automatic direct appeal to the Texas Court of Criminal Appeals, which is the state's highest criminal tribunal that examines the record for any trial error, there has to be other measures put in place to review the validity and legality of evidence obtained during these types of cases.  I agree with Think Texas when she states "This is such a problem in the Texas Judicial system that led the Senate to pass legislation to approve easing restrictions on previously limited DNA regulations and formed a commission to investigate wrongful convictions." It certainly is a problem, a massive one considering that an individual's life is hanging in the balance.

Blog Stage 7: Court shouldn't reject redrawn map

Since, as a class we have completed exam 3 and now have one more exam left, I found this editorial on statesman.com to coincide with what we have recently learned in Texas State and Local Government.

Texas Attorney General Greg Abbott asked the U.S. Supreme Court on Monday to set aside a congressional map drawn last week by three federal judges, calling the judges' action "judicial activism at its worst."  


According to an editorial on statesman.com titled, Court shouldn't reject redrawn map, The Supreme Court should reject Abbott's request. The map drawn by a three-judge panel in San Antonio was a response to redistricting at its worst and is superior to congressional and state House and state Senate maps drawn this year by the Legislature.


Minority groups challenged the original map passed by the Republican-controlled Legislature, arguing that the Republican-drawn map weakened minority representation, particularly Hispanic representation. Because of the history of racial discrimination in Texas, the Voting Rights Act gives the federal government the authority to approve or reject the state's voting maps.


A Washington, D.C. federal court is scheduled to hold a trial on whether the Legislature's map dilutes the power of minority voters. The D.C. court's decision to hold trial on the issue forced the San Antonio court to create interim districts for the 2012 elections because the filing period for the March 6 primary election began Monday and ends December 15.


Since learning about the redistricting process in Texas I know that both the United States and the Texas Constitutions mandate the redrawing of congressional and legislative districts every 10 years based on the data obtained by the U.S. Census.  This periodic readjustment is necessary to give all the districts approximately an equal amount of people.  If redistricting did not occur, some districts would have more people than other districts, resulting in voters in less populated districts having more influence in a particular legislative chamber or board.  Texas added 4.3 million people between 2000 and 2010, according to the census, and Hispanics made up about 65 percent of that increase.

According to the editorial, Republicans in the Legislature drew a congressional map designed to protect Republican incumbents and increase Republican representation in the U.S. House. They split Democratic votes in Travis County, targeting U.S. Rep. Lloyd Doggett of Austin for defeat. They created as few minority districts as possible while still hoping to win approval from the federal government.


Also, Republican lawmakers drew a map favoring Republican candidates in three of the four new districts to increase their representation in the U.S. House from 23 to 26. The court's map makes minorities the majority in 13 of Texas' 36 congressional districts; since minority voters tend to support Democrats, Republicans will struggle to win 26 seats if the court's map is allowed to stand.


The three-judge panel also created interim maps for the Texas House and Senate.  Abbott argued last week that the court's congressional map "ignores the voice of the citizenry."  How is this so when no map ignored the voice of Austin's citizenry more than the Legislature's map, which divided Travis County into four congressional districts leaving all but one of the districts to be won by a Republican.

Although the U.S and Texas Constitutions had place several acts and amendments in place to overcome misrepresentation, or better yet under-representation, such as the Voting Rights Act of 1965 and then the Legistlative Redistricting Board, it still seems that redistricting is still a major issue.  The whole point of redrawing the map every 10 years is to gain fair representation; however, this is not case as stated in this editorial.  Redistricting is about incumbents protecting themselves and strengthening the party they represent. The focus is not on voters, and districts are not necessarily drawn to follow demographic and political lines.

I agree that in an ideal world redistricting should be in the hands of an independent, bipartisan commission, not state lawmakers especially since the state of Texas is a Republican majority legislature.  If an ideal world were to happen in the state of Texas there would probably be a change in the way the state runs.  Change is good and Texas needs change.

Blog Stage 6: Comment on Colleague's Work

Today, November 11, 2011 is Veterans Day, a time to honor all military veterans who raised their hand and took the oath to protect the rights of American citizens and to protect this country.

Being in the military myself, as well as being raised in a military family where my father was deployed for most of my childhood and adolescent years, I know the sacrifices a military member and their families make for the sake of others.  Long and numerous deployments are not easy on anyone and can take its toll on a family unit.

All the wars and conflicts that America has been in throughout the years has unfortunately led to many casualties.  Many military members, young and old, have paid the ultimate sacrifice in order to protect our freedom.

Reading the article regarding the homestead tax exemption to surviving spouses of military veterans who were 100% disabled on the Eyes of Texas blog written by Josh Coffman really bothered me as it should everyone.  I totally agree with Coffman's statements in that this particular amendment MUST be passed.  It should be common sense to everyone in why this amendment MUST be passed.  The homestead tax exemption should incorporate the surviving spouse because it's not only the military veteran that suffers but also the family he/she leaves behind.  The Department of Veteran Affairs, the state of Texas, as well as the entire nation should recognize the sacrifices military families have to endure.

I remember watching a CNN Special Report regarding the Department of Veteran Affairs and their system on rating a veteran disabled.  The bottom line to that report is that the VA's disability rating system is broken and flawed.  Many mistakes were made when rating a disabled veteran.  In that report, there were veterans who lost limbs and who are suffering from post traumatic head injuries only to receive a 10% disability rating from the VA.

Another report titled Why The VA Frustrates Veterans  also states that the VA disability rating system is slow and flawed to where the veterans moto for how the VA operates is "Delay, Deny and Hope That I Die."

From these two examples, it's very clear that the VA makes it difficult for deserving veterans who should be rated as 100% disabled to actually receive that rating.  This means that only a small amount of veterans, especially those living in Texas, are rated as 100% disabled.  For the veterans who were rated properly and receive that 100% rating, the homestead tax exemption should be given to them and extended to their surviving spouse.

I agree with Coffman when he states "We as a State and Nation owe it to the families of veterans who pay the ultimate sacrifices so we don't have to.  To tax a surviving spouse is a cowardly act...These families are taxed enough."

Blog Post 5: Out of ideas? Try the Texas state budget on for size this Halloween

The commentary I chose to critique is titled "Out of ideas? Try the Texas state budget on for size this Halloween" written by Texas Senator Eddie Lucio Jr.  I found this commentary on www.statesman.com.  Sen. Lucio caught my attention by comparing the Texas state budget as this year's Halloween costume by stating "Like any good Halloween costume, the 2012-13 budget is scary--but essentially fake." I continued to read his short but to the point commentary in which Sen. Lucio mentions that "The budget is scary because it contains nearly $1 billion in cuts to higher education, $4 billion in cuts to public education, and more than $6 billion in reduced funding to Health and Human Services."


The school districts will lose $500 in funding per student which will result in more layoffs while the universities have had their budgets for the Texas grant scholarships cut by the equivalent of 30,000 students statewide. 


Sen. Lucio states that "The budget is essentially fake because of the way it is funded." His example is the state government's "effort" to reduce spending on Medicaid.  The state's leadership underestimated how much money the program would cost over the next two years.  They were off by more than $4 billion dollars!  Additionally, the budget defers payments to schools from this biennium to the next which means that when the legislature reconvenes in 2013, lawmakers will have a multi-billion dollar IOU to take care of before they can begin to write the 2014-15 budget.


Sen. Lucio continues to say that Texas' state budget should be based on sound financial principles, caring for the vulnerable and investing in our future.  He states that the combination of gimmicks and cuts means that the current budget is more trick than treat. 


I have to agree with Sen. Lucio argument.  The state has cut more than $6 billion in education which does not seem like a sound financial investment.  The leadership in Texas government should be focused on the people they serve which is all of us.  We all want better public education and cutting funds from this sector is unacceptable.  The budget cuts from education has forced many layoffs which does nothing but hurt the situation more.  Texas government should invest in the future of their citizens and the first step in doing so is providing children of a quality education. I also agreed with Sen. Lucio's comment in which he stated that the best thing we could do now is to vote.  That is the only way we can start to make a change.  It isn't going to be a quick and easy change but we have to start somewhere.  Voting, even though I have not voted ever in my life, seems like the only move we can make to start changing the current situation.  

Blog Stage 4: Critique of a Texas Blog

The Texas blog I chose to critique is Mean Rachel.  The blog is written by a native Austinite and Democratic activist Rachel Farris.  According to Ferris' profile, it is "a progressive blog that follows politics, the legislature and how they both are affected by social media."  Ferris' profile also states that "she covered the 2008 Democratic National Convention with The Texas Observer team and has spoken about social media and communications at the University of Texas LBJ School of Public Affairs, Texas State University's "Mass Communication Week" and St. Edward's University...as well as writing for the Huffington Post."

The commentary from Mean Rachel's blog that I chose was titled "What a Rick Perry Presidency Would Look Like for Women" posted on August 17, 2011.  Ferris compares the Governor of Texas Rick Perry as a "cassette player" or an "AOL subscription" stating that these are things "that has seemingly always been around, but has long since lost its purpose."  This statement sets the tone for Ferris' commentary because it is blatently obvious that she does not agree with Perry's mandates or laws that concerns women's health.

Ferris imagines a world where Rick Perry becomes the president of the United States of America and how that would affect women of all ages that live in the United States.  Ferris states that the first thing President Perry would do is create the Department Of Interior Contraception, which Ferris refers to as "DIC."  Ferris states that "DIC would oversee approved contraceptive devices...the top item on the list...abstinence."  Ferris criticizes Perry's abstinence-only mandate stating that Texas has the 3rd highest teen birth rate in the country and that teens in Texas are actually having more sex after going through an abstinence-only program.  Ferris then goes on to say that the recent law that requires health insurance companies to cover birth control will no doubt be rolled back by President Perry.

Ferris then brings to light the outcome of women who choose not to abstain from sex highlighting the pilot program that Perry has started here in Texas. "The state now requires mandatory transvaginal sonograms for women who are 8 to 10 weeks pregnant and seeking abortions."  Ferris then offers a possible solution for all the "cute babies that women will get to have"- home school.  Ferris states that Texas ranks first in the nation in adults without high school diplomas.  The future of children in America, under President Perry, doesn't look so bright when it comes to health insurance and potential jobs. Why?  Ferris states that "Texas also ranks first in the nation in the percentage of children without health insurance and, in 2010, Texas tied with Mississippi for the highest percentage of workers employed in minimum-wage jobs."  But Ferris has more to say, the best statement in my opinion, "No wonder Governor Perry wants Texas to secede. It'd sure make Texas look less stupid."

I definitely agree with Ferris in which she used actual data to support her claims.  I believe when it comes to a woman's reproductive system, or overall health for that matter, it should be her choice and her's only to make.  I don't believe a man should be able to make that choice for her, let alone establish laws that affect women's health.  Not everyone has the same belief as Perry when it comes to women's health and his beliefs should not be forced on anyone.  I remember on local news when parents were outraged that the HPV vaccination became mandatory for young girls under the executive order from Governor Rick Perry.  If Perry would become the next president of the United States, more than likely he will enact more laws that will infringe on women's health choices.

Blog Stage 3- Green: Tuition law helps Texas economy

Considering that my last blog post was about the challenges that the state of Texas has in helping under-prepared students graduate from college I thought choosing this particular commentary to review would be a great fit.  Not only did the commentary titled "Green: Tuition law helps Texas economy" tie in with my last blog post but it is also relevant with our upcoming participation topic regarding an immigration law in Texas.

The commentary was written by Joshua Green who is a national correspondent at Bloomberg Businessweek in which his column appears in The Boston Globe.  This particular commentary appeared on statesman.com and the title itself caught my attention. As I began to read Green's commentary, I noticed that his intended audience was probably anyone who watched last week's Republican debate, but more so geared towards conservatives.

Green states last month, Texas Gov. Rick Perry shot to the front of the pack when he joined the Republican presidential field, but his disastrous performance in last week's debate might propel him toward the rear and could eventually drive him out of the race, if he can't find a way to recover from it. Green goes on to say that Perry was challenged about signing a 2001 law that allows children of illegal immigrants to pay in-state college tuition rates if they've lived in Texas for three years and plan to become permanent residents.  Green believes that is a serious provocation to a Republican primary electorate that has grown steadily more nativist and less welcoming of minorities.

Green further states that Perry went beyond just defending the law to accuse his critics of lacking "heart" in which that statement is where Perry really got himself into trouble.  Green's views is that invoking compassion or social justice before conservative audiences that think nothing of booing a gay soldier in Iraq or cheering the prospect of the uninsured being left to die...is bound to cut into one's support.

Green suggest that Perry would have done better if he presented a different rationale for the law, namely that it helps the state economy.  Perry's campaign is, after all, premised on the idea that he is better qualified than any of his opponents to create jobs and grow the economy.

I found Joshua Green's commentary very insightful towards the current immigration/education standpoint.  I work closely with the Round Rock Financial Aid Office so I hear and see many students of different races and backgrounds upset about the recent financial aid cuts from the state.  Such programs include work-study, Texas Educational Opportunity Grant, B-On-Time, Top 10 Percent Scholarship, and The Tuition Equalization Grant just to name a few. There are quite a few people who are upset about the tuition law in Texas in regards to illegal immigrants, but reading Joshua Green's commentary provides a different, more positive view, on that particular law.

Blog Stage 2: State faces challenge in helping underprepared students graduate from college

I noticed this article on statesman.com and the photo associated with it is an ACC student hugging her instructor because this student is on track to graduate from ACC despite the fact that the student had to start with developmental courses.

The article titled "State faces challenge in helping underprepared students graduate from college" states that half of the state’s 473,487 community college freshman and a fifth of 103,900 public university freshman matriculating in the coming weeks will need developmental education and many of those students will never earn a certificate or a degree.

Raymund Paredes, the state’s higher education commissioner, had his agency, The Texas Higher Education Coordinating Board compile records which showed that only 14 percent of community college students in developmental math courses go on to complete a college-level math course, while only about a third complete a college-level reading or writing course.

In Texas, about 30 percent of students who enroll full time at community college to pursue a certificate or a degree achieve that goal within six years while the six-year graduation rate for public university students is 56 percent. However, there is a problem that occurs earlier in the educational pipeline since 20 percent of Texans age 25 and older have not finished high school. This statistic is higher than in any other state according to a report by the Texas Guaranteed Student Loan Corp. The national average is 15 percent.

This article just goes to show that government and politicians should not cut funding from Texas education. The huge amount of layoffs from school teachers and budget cuts in education in the state of Texas will not help this situation at all. In fact it will worsen it. When our children attend elementary, middle and high school we expect that they are receiving a good education to where they can attend college and actually take college level courses. Newly graduated high school students should have the proper tools to be prepared to take and pass college level courses. The fact that half of the state’s community college freshman as well as a fifth of the state’s public university freshman entering this year will still need to take developmental courses says something about the lack of proper education in Texas.