Yes, but the quorum loophole is a perfectly legal part of the process too.
Considering that, it's actually laudable how infrequently it gets used.

-Kevin

----- Original Message ----- 
From: "Andy Ousterhout" <[EMAIL PROTECTED]>
To: "CF-Community" <[EMAIL PROTECTED]>
Sent: Friday, August 22, 2003 6:58 AM
Subject: RE: Emergency: Democracy under attack in Texas


> Sandy,
>
> This deserves our mirth, not attention or money.  This is one of the
oldest
> tricks in the book.  Democrats in Illinois did it a few years back and
> gained several seats in both houses, as I remember.  Republicans did not
run
> and hide, because what they did was perfectly legal, as supported by the
> State Supreme Court.  And you should see the shape of some of the
districts!
> So this is NOT democracy under attack.  It is democracy at work and the
> democrats in Texas, not liking when it goes against them, are fighting in,
> IMHO, an inappropriate  fashion. What would be the state of our democracy
if
> EVERY group of politicians decided NOT to show up when they disagreed?
>
> This is exactly the same thing crap that went on in Florida and still has
> the dems crying(and you can really hear their tears of righteousness when
> they pulled the same illegal BS in New Jersey).  When it works for the
> democrats it is great.  When they get creamed by the same tactic, it is
> un-American and a right wing plot to take over the world.  I am so tired
of
> their two-faced BS.
>
> In summary, it is just a butch of cry babies throwing a temper tantrum
when
> their God-given right (but wait, they don't believe in God in Government?)
> to govern is challenged.
>
> Oh, I feel sooo much better now.  Time to go out for a run.
>
> Andy
>
> -----Original Message-----
> From: Sandy Clark [mailto:[EMAIL PROTECTED]
> Sent: Thursday, August 21, 2003 6:01 PM
> To: CF-Community
> Subject: FW: Emergency: Democracy under attack in Texas
>
>
> I don't normally pass this stuff on, but I think this one deserves some
> attention.  However I have to warn you that their donation page is not
> secure. I am currently getting information on how to donate via PayPal and
> will be glad to pass that on to those who want the information off list.
>
> Sandy
>
>  From: Zack  <mailto:[EMAIL PROTECTED]> Exley, MoveOn.org
> To:
> Sent: Wednesday, August 20, 2003 6:04 PM
> Subject: Emergency: Democracy under attack in Texas
>
> Dear MoveOn member,
>
> Impeachment. The 2000 Election. The California Recall. The pattern is
> becoming clear: there's a group of men in power who will do anything to
> consolidate that power, including undermining our democratic institutions.
> We've got to fight back. In Texas, they are fighting back. And while the
> world is focusing on the California mess, they are fighting alone. They
need
> our help.
>
> A partisan plan pushed by Karl Rove and Tom Delay will redistrict up to 7
> Democrats out of Congress. Right now, 11 Democratic State Senators are
> hiding across state lines -- with the Texas Governor calling for their
> arrest -- to prevent this illegitimate plan from being strong-armed into
> law. They have put their reputations and careers on the line for all of
us.
> A letter below from State Senator Rodney Ellis explains the situation in
> detail. Please read it, and then please help us launch a hard-hitting ad
> campaign to fight back in Texas. Whether you donate $5 or $5000, you will
be
> helping to hold accountable reckless leaders who think they can get away
> with anything. Please contribute to this effort now:
>
> http://moveon.org/texasads
> <http://moveon.org/texasads?id=1595-2240002-M3WjX6jzxSCzgvKUUyXKeA>
>
> The Texas special session that was called to gerrymander the Texas
> congressional districts ends early next week, and the pressure is
building.
> These courageous leaders need to see real support now, or they won't be
able
> to hold out.
>
> Our numbers our great enough now to fight back effectively against these
> attacks on democracy. Please get even more people involved by forwarding
> this email to everyone you think would like to help.
>
> Thanks,
>
> --Zack and Wes
>   MoveOn.org PAC
>   August 20th, 2003
>
> Below is the letter from State Senator Rodney Ellis.
> ___________________
> August 18, 2003
>
> Dear friends,
>
> I am writing to you from a hotel room in Albuquerque, New Mexico, where I
> and 10 of my colleagues in the Texas Senate have been forced to reside for
> the past 20 days. If we return to our homes, families, friends, and
> constituents, the Governor of Texas will have us arrested.
>
> I know, it sounds more like a banana republic than the dignified democracy
> on which we have long prided ourselves. We are effectively exiled from the
> state due to our unalterable opposition to a Republican effort -- pushed
by
> Tom Delay and Karl Rove, and led by Texas Governor Rick Perry -- that
would
> rewrite the map of Texas Congressional districts in order to elect at
least
> 5 more Republicans to Congress.
>
> You may not have heard much about the current breakdown in Texas politics.
> The Republican power play in California has obscured the Republican power
> play in Texas that has forced my colleagues and me to leave the state.
>
> Recognizing that public pressure is the only thing that can break the
> current stalemate, our friends at MoveOn have offered to support our
efforts
> by sharing this email with you. In it, you will find:
>
> * Background information on how the situation in Texas developed;
>
> * Analysis of what's at stake for Democrats and the democratic
> process; and
>
> * How you can help by contacting Texas politicians, signing our
> petition, contributing funds, and forwarding this email!
>
> The Republican redistricting effort shatters the tradition of performing
> redistricting only once a decade immediately after the Census -- making
> redistricting a perpetual partisan process. It elevates partisan politics
> above minority voting rights, in contravention of the federal Voting
Rights
> Act. It intends to decimate the Democratic party in Texas, and lock in a
> Republican majority in the U.S. House of Representatives. And Republican
> efforts to force a vote on this issue by changing the rules of legislative
> procedure threaten to undermine the rule of law in Texas.
>
> We do not take lightly our decision to leave the state. It was the only
> means left to us under the rules of procedure in Texas to block this
> injustice. We are fighting for our principles and beliefs, and we can win
> this fight with your support.
>
> Sincerely,
>
> Rodney Ellis
> Texas State Senator (Houston)
>
> Background
>
> During the 2001 session of the Texas Legislature, the legislature was
unable
> to pass a Congressional redistricting plan as it is required to do
following
> the decennial Census. A three judge federal panel was forced to draw the
> plan. Neither Governor Rick Perry or then Attorney General John Cornyn,
both
> Republicans, objected to the plan, which was reviewed and approved by the
> U.S. Supreme Court.
>
> The 2002 Congressional elections, the first held under the new
redistricting
> plan, resulted in a Congressional delegation from Texas consisting of 17
> Democrats and 15 Republicans. However, five of the 17 Democrats prevailed
> only because they were able to win the support of Republican and
independent
> voters. All statewide Republican candidates carried these five districts.
> Most experts agree that the current plan has 20 strong or leaning
Republican
> districts and 12 Democratic districts.
>
> Meanwhile, the 2001 redistricting of Texas legislative seats (which was
> enacted by the Republican-controlled Legislative Redistricting Board,
after
> the legislature again gridlocked in its efforts) resulted in wide
Republican
> majorities in both the Texas House and Texas Senate. Now Tom Delay has
made
> it his priority to force the Republican-controlled Legislature to enact a
> new redistricting plan to increase the number of Republican-leaning
> Congressional districts. Republicans believe they can manipulate the
> districts to elect as many as 22 Republicans out of the 32 member Texas
> Congressional delegation. They achieve this by packing minority voters
into
> as few districts as possible and breaking apart rural districts so that
the
> impact of independent voters will be reduced and suburban Republican
voters
> will dominate.
>
> During the regular session of the Texas Legislature, Democratic members of
> the Texas House of Representatives exercised an unprecedented
parliamentary
> move to prevent the House from passing Tom Delay's redistricting plan.
While
> Democrats are in the minority of the House of Representatives, the state
> constitution requires that at least 2/3 of the House be present for the
> House to pass a bill. Because it was clear that the Republicans would
> entertain no debate and brook no compromise in their effort to rewrite the
> rules by which members of Congress are elected, the Democrats were forced
to
> break the quorum to prevent the bill from passing. Because the Republican
> Speaker of the House and Governor called on state law enforcement
officials
> to physically compel the Democrats to return, the lawmakers removed
> themselves to a Holiday Inn in Ardmore, Oklahoma -- outside the reach of
> state troops(1). In there effort to apprehend the Democrats, Tom Delay
> officially sought the hel! p of the Department of Homeland Security, the
> Department of Transportation and the Department of Justice.
>
> The House Democrats (nicknamed the "Killer D's", based on an earlier
episode
> in Texas history in which a group of Democratic state senators called the
> "Killer Bees" broke the quorum in the Senate over a similarly political
> stalemate) succeeded in stopping Delay's redistricting plan during the
> regular session, returning to Texas after the legislative deadline had
> expired for the House to pass legislation. However, because the Texas
> Legislature meets in regular session only every two years, the state
> constitution gives the Governor the power to call a 30-day special
> legislative session at any time between regular sessions. Despite
statewide
> protests from Texas citizens who oppose Tom Delay's redistricting plan,
the
> Governor has called two special sessions(2) already this summer to attempt
> to force the legislature to enact a new plan.
>
> The first called session expired in a deadlock, as 12 of 31 Texas
> Senators(3) opposed the plan. Under Senate rules and tradition, a 2/3 vote
> is required to consider any bill on the floor of the Senate, giving 11
> Senators the power to block a vote(4). The Republican Governor and
> Lieutenant Governor then determined they would do away with the 2/3 rule,
> and called another special session, forcing 11 Democratic Senators to
break
> the quorum and leave the state.(5) These Senators have spent the past 22
> days in Albuquerque, New Mexico.
>
> The Governor has indicated he will continue calling special sessions until
> the Republican redistricting plan is enacted, despite the fact that the
> Republican-controlled Texas Supreme Court recently rejected the Governor's
> writ of mandamus filing to compel the Senators to return to the Senate.
> Meanwhile, eleven Democratic state senators are exiled from their state,
> unable to be with their families, friends, and constituents, for fear of
> being arrested as part of a partisan power play by Republicans. In the
most
> recent indignity, Republican Senators voted to fine the absent Democrats
up
> to $5,000 per day, and to revoke parking and other privileges for their
> staffs as long as the Senators are away.
>
> What's at stake
>
> At stake, on the surface, is whether Tom Delay will succeed in exploiting
> Republican control of the Texas Legislature to add to the Republican
> majority in the United States Congress. But deeper issues are also at
stake.
>
>
> * If the Republicans succeed in redrawing the Texas Congressional
> lines to guarantee the election of five to seven more Republicans, it will
> ensure that Republicans hold the majority in the U.S. House of
> Representatives for the entire decade and will likely result in Tom Delay
> becoming Speaker of the House.(6)
>
> * The Republican advantage would be gained by removing many African
> American and Hispanic voters from their current Congressional districts
and
> "packing" them into a few districts that already have Democratic
majorities.
> The voting power of these minority voters would be dramatically diluted by
> the Republican plan, in contravention of the federal Voting Rights Act. If
> the Republicans succeed, over 1.4 million African American and Hispanic
> voters will be harmed. It would be the largest disenfranchisement of
> minority voters since the Voting Rights Act was passed.
>
> * Redistricting exists for the purpose of reapportioning voters among
> political districts to account for population shifts. The purpose of this
> reapportionment is to ensure a roughly equal number of voters in each
> district, to preserve the principle of "one man, one vote."(7) For this
> reason, redistricting has always been conducted immediately following the
> U.S. Census' decennial population reports. Tom Delay now proposes a new
> redistricting plan two years after the Census report simply because
> Republicans gained control over the Texas Legislature in 2002 and now have
> the power to enact a much more Republican-friendly plan than the one drawn
> by the federal courts two years ago. This is an unprecedented approach to
> redistricting, one that subordinates its original purpose of ensuring the
> principle of "one man, one vote" to the purpose of perpetual partisan
> politics. Redistricting, in this model, would never be a settled matter,
and
> districts would constantly be in fl! ux depending on the balance of
> political power in the Legislature.
>
> * The Texas Legislature has traditionally been defined by a spirit of
> bipartisanship and cooperation. This issue has polarized the legislature
in
> a way that threatens to destroy that tradition. The Republicans have
> effectively exiled their Democratic counterparts in a power play that
makes
> our state look more like a banana republic than a dignified democracy. The
> arbitrary decision to discard the 2/3 rule in the Senate sets a precedent
> that undermines that body's tradition of consensus and cooperation. The
> deployment of state law enforcement officials to apprehend boycotting
> legislators erodes the separation of powers between the executive and
> legislative branches of government, and diminishes legislators' ability to
> represent their constituents as they see fit. The unilateral Republican
> effort to penalize Democratic Senators and their staffs
>
> What is needed
>
> The Democratic Senators currently in Albuquerque have two critical needs.
> The first is to generate increased public awareness of the situation. By
all
> reason, every day the Senators are out of the state this story should get
> bigger. Instead, news media have gradually lost interest in the story. The
> California recall has dominated the attention of the national media, and
the
> Texas media has largely lost interest in the story -- out of sight, out of
> mind. Without public attention to this story, the Republicans have all the
> leverage -- if it does not cost them politically, it costs them nothing(8)
> to continue calling special sessions until the Texas 11 are forced to come
> home.
>
> The second critical need is funding. The cost of hotels, meeting rooms,
> staff support, and public relations efforts is mounting. In addition, the
> Senators must defend themselves legally against Republican efforts to
compel
> their return, while also filing legal claims against the Republican power
> play. The Senators are actively raising money for the Texas Senate
> Democratic Caucus Fund to offset these costs and prepare themselves for a
> stay of indefinite duration in Albuquerque.
>
> Notes
>
> 1. A recent Department of Justice investigation chronicled Republican
state
> officials' illegal attempts to use federal resources -- including
> anti-terrorism resources from the Department of Homeland Security -- to
> compel the Democratic lawmakers' return. See
> http://www.washingtonpost.com/wp-dyn/articles/A51520-2003Aug12.html for a
> news report on the Justice Department investigation, or
> http://www.usdoj.gov/oig/special/03-08a/final.pdf for a copy of the
complete
> Justice Department report.
> 2. At a cost to taxpayers of over $1.5 million per session.
> 3. House Republicans passed a redistricting bill in the special session
> despite an outpouring of public opposition in hearings across the state.
All
> 12 Democratic state senators opposed the plan, along with Republican state
> senator (and former Lieutenant Governor) Bill Ratliff.
> 4. The "2/3 rule" requires the Senate to reach broader consensus on
> difficult issues than a simple majority vote. It is a combination of
> official Senate rules and tradition. The rules of the Senate require a 2/3
> vote to suspend the "regular order of business" to consider a bill that is
> not the first bill on the Senate calendar. By tradition, the Senate has
> always placed a "blocker bill" at the top of the Senate calendar, so that
> every bill requires a suspension of the regular order of business to be
> considered. The process requires compromise and consensus to achieve a 2/3
> majority on each bill. One Texas insider has said that the 2/3 rule is
"what
> separates us from animals."
> 5. In fact, the Governor and Lt. Governor attempted to "surprise" the
> Senators by calling the second special one day early and "trap" them in
the
> Senate Chamber. The Senators were able to escape the Capitol with
literally
> minutes to spare.
> 6. Republican party activist Grover Norquist, head of the Washington
> D.C.-based Americans for Tax Reform, was quoted as follows in the August
17
> Fort Worth Star Telegram: "Republicans will hold the House for the next
> decade through 2012 if Texas redistricts.It depresses the hell out of the
> Democrats and makes it doubly impossible to take the House and probably
> depresses their fund raising.Anything that helps strengthen the Republican
> leadership helps DeLay become speaker someday if he wants it."
> 7. Established in the landmark case Baker v. Carr, 369 U.S. 186 (1962)
> 8. Notwithstanding the millions of dollars it is costing taxpayers.
>
>
>
>
>
> 
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