Dana,

Does that mean that what they are doing is illegal?

Andy

-----Original Message-----
From: Dana Tierney [mailto:[EMAIL PROTECTED]
Sent: Wednesday, August 27, 2003 5:23 PM
To: CF-Community
Subject: Re: Emergency: Democracy under attack in Texas


cant call in sick

They can apparently be compelled to attend. But that authority stops at the
state line.

Dana

Kevin Graeme writes:

> I heard on NPR that they fled to Oklahoma, and the Republicans sent the
> Texas Rangers after them. Then a judge (IMO correctly) ruled that the
Texas
> Rangers were supposed to be actually fighting crime instead of being used
> for political squabbles by one side against the other side. So now
> apparently, the Dems can just sit in their backyard grilling and call in
> sick and the Republicans can't do anything about it.
>
> Personally, the whole thing is messed up. From what I've read of the
> redistricting, it's a farce. On the other hand, it's crappy when elected
> officials don't go to work and face up to their job. But then on the
other,
> other hand they are doing their job by taking advantage of a political
> process. It's all enough to keep Molly Ivins busy till she dies.
>
> -Kevin
>
> ----- Original Message -----
> From: "Doug White" <[EMAIL PROTECTED]>
> To: "CF-Community" <[EMAIL PROTECTED]>
> Sent: Thursday, August 21, 2003 7:47 PM
> Subject: Re: Emergency: Democracy under attack in Texas
>
>
> > Actually they are not hiding - they are absent from the Senate who,
> without them
> > cannot do business without a quorum.  They are in an adjoining state,
> because
> > they would be subject to arrest if they were inside the state.  As it is
> all the
> > state has been able to do is to cancel their reserved parking spaces at
> the
> > state capitol.
> > The called session is about over and they can come home, however the
> Governor
> > has said he will keep on calling special sessions for the redistricting
> purpose
> > BEFORE any other state business can be completed.
> > When he does that, the Democrats in the House will then go out of state
to
> cause
> > another lack of quorum.  I predict this will continue right up to the
> > re-election campaign starts for dubya.
> >
> > Only a casual look at any of the proposed redistricting maps will
readily
> see
> > that it is intended to dis-enfranchise the rural and the Hispanic vote.
> >
> > The Governor is holding all legislative business hostage to the
> redistricting
> > issue which is being orchestrated out of Washington DC.
> >
> > Those who support the dirty tricks by the republicans who fear for their
> > re-election despite raising tons of special interest money for
campaigns,
> are
> > the same people who criticize Israel for defending itself and do not
> condemn the
> > Hamas and other Terrorists.
> >
> > ======================================
> > Stop spam on your domain, use our gateway!
> > For hosting solutions http://www.clickdoug.com
> > ISP rated: http://www.forta.com/cf/isp/isp.cfm?isp_id=772
> > Suggested corporate Anti-virus policy:
> http://www.dshield.org/antivirus.pdf
> > ======================================
> > If you are not satisfied with my service, my job isn't done!
> >
> > ----- Original Message -----
> > From: "Kevin Schmidt" <[EMAIL PROTECTED]>
> > To: "CF-Community" <[EMAIL PROTECTED]>
> > Sent: Thursday, August 21, 2003 6:33 PM
> > Subject: FW: Emergency: Democracy under attack in Texas
> >
> >
> > | "I know, it sounds more like a banana republic than the dignified
> democracy on
> > which we have long prided ourselves."
> > |
> > | Last time I checked, running and hiding wasn't Democracy either.  The
> people
> > of Texas elected their officials.  If they want to redistrict and
shatter
> a
> > "tradition" (not a law mind you) they can.  If the Texas voters don't
like
> it,
> > then they can vote out the reps who made the changes.  Even though I
don't
> like
> > the fact that Democrats in Congress are filibustering Bush judicial
> nominees,
> > they are operating within the confines of the law.  It's up to the
voters
> to let
> > them know whether or not they agree.  Just like in California, the laws
> are
> > being followed, just the same as 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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