Matt Welch:

Before you start shaking your fist at freedom-hating Eurocrats, know that ETIAS is the belated continental answer to a system the U.S. has imposed on residents of friendly countries since 2009, called the Electronic System for Travel Authorization, or ESTA. Like ETIAS, ESTA is a response to 21st-century terrorist attacks and combines modest fees ($21) with less-than-instantaneous turnaround times (a promised 72 hours). Both either tweak or torpedo (depending on your point of view) the notion of reciprocal “visa waiver” travel between high-trust countries.

U.S. passports have long been given the red carpet treatment worldwide, due to the country’s economic heft and traditional leadership role in negotiating down international barriers to the movement of people (and goods). That latter ethic began to deteriorate after the Cold War, with the rise of bipartisan anti-illegal immigration politics in the early 1990s, and then in earnest after Saudi nationals pulverized the World Trade Center with highjacked planes on September 11, 2001.

The Implementing Recommendations of the 9/11 Commission Act of 2007 mandated that travelers from Visa Waiver countries (which now number 40) submit an application using a machine-readable passport, volunteer plenty of personal information, and answer correctly a series of potentially disqualifying questions. As some of us mentioned at the time, “Whatever we impose on the world, the world will get around to imposing on us.”

We have since imposed still more restrictions, which many Europeans are discovering this summer to their chagrin. First was the 2015 exclusion (backed by several libertarian-leaning legislators) of dual nationals of both an existing Visa Waiver country and of either Iran, Iraq, Sudan, or Syria, as well as anyone (aside from those in selected professions) who had visited any of those countries since 2011. Then in 2016, the Department of Homeland Security (DHS) added Libya, Somalia, and Yemen to the list.

Salena Zito:

On the morning of Election Day in western Pennsylvania, Democratic Gov. Tom Wolf mentioned on a local radio show that his wife had submitted his mail-in ballot for him — a direct violation of Pennsylvania election law punishable by up to either a year in prison or a $1,000 fine — or possibly both.

Had the progressive Democrat signed the voting bill that passed this summer, H.B. 1300, any member of his household could have dropped it off for him. Moreover, it would have established early in-person voting and required signature verification of mail-in ballots.

When he vetoed the bill, Wolf said at the time it was because it “restricted the freedom to vote.”

This story will last a day or two in the local news. What reporters and elected officials will miss about this moment is where the seed is planted in the public psyche — just one more snippet of information adding to their dissatisfaction with the party in power. It is one of many signs collected over many years that insiders like Wolf are detached from the people they govern.

Their detachment is not just geographical but cultural, and it is not limited to politics. For decades, the nation’s cultural curators have operated through corporations, national sports organizations, Hollywood, academia, the national news media. More and more, they have become detached from the people who buy, watch, or are educated by them.

In Wolf’s case, he spent the last two years telling his constituents he knew better on everything, especially regarding his secretive, autocratic handling of the pandemic and his controversial moves regarding business waivers and nursing homes. He allowed only “life-sustaining sectors of the economy” to stay open, yet he initially allowed his family’s cabinet business to remain open. His former health secretary, Rachel Levine, now a prominent member of the Biden administration, made decisions that turned Pennsylvania nursing homes into coronavirus death traps, then removed her mother from a personal care facility .

Their “do as I say not as I do” attitude led to last Tuesday’s reaction, but that wasn’t the first instance. Before that, there was a referendum this spring that curtailed the governor’s emergency powers. Last fall, Democrats lost state House and Senate seats even though they had expected to take over both chambers. They were once again handed defeats in last Tuesday’s elections in places they were supposed to win.

This trend is certainly not limited to Pennsylvania — and it has not always favored Republicans. In 2006, Republicans were wildly out of step with their constituents. Democrats such as Rahm Emmanuel wisely understood that and recruited Democratic candidates who could win in conservative districts. They hired ad-makers like Steve McMahon at Purple Strategies, who created a “We share your values” messaging, appealing to the independent, Republican, and Democratic voters. They won big in that year’s midterm elections.

I have argued for years that the conservative-populist coalition was born in 2008 when John McCain became the Republican nominee. These voters either stayed home or voted against their interests for Barack Obama because of his candidacy’s historic and aspirational nature.

By 2009, their breakaway began, and the anti-establishment Tea Party movement was born. The 2010 midterm elections demonstrated the coalition’s strength, but it felt the same way toward Mitt Romney as it had for McCain — nice guy but didn’t inspire them. Obama became the first president ever reelected with fewer popular votes and a smaller percentage than his first election.

Cary Coglianese, Gabriel Scheffler & Daniel Walters:

At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet, for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that agencies make to lift or limit the scope of a regulatory restriction, for instance through waivers, exemptions, and exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory schemes, and even undermine the rule of law. In this paper, we conduct the first systematic empirical investigation of the hidden world of unrules. Using a computational linguistic approach to identify unrules across the Federal Register, the Code of Federal Regulations, and the United States Code, we show that unrules are an integral and substantial feature of the federal regulatory system. Our analysis shows that, by several conservative measures, there exists one obligation-alleviating word for approximately every five to six obligation-imposing words in federal law. We also show that unrules are surprisingly unrestrained by administrative law. In stark contrast to administrative law’s treatment of obligation-imposing rules, regulators wield substantial discretion in deploying unrules to alleviate regulatory obligations. As a result, a major form of agency power remains hidden from view and relatively unencumbered by law. Recognizing the central role that unrules play in our regulatory system reveals the need to reorient administrative law and incorporate unrules more explicitly into its assumptions, doctrines, and procedures.

A local example: My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results.

Meta:

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Logan Wroge:

In other action Monday, the School Board gave district administrators the go-ahead to request waivers this year on attendance and truancy enforcement, annual instructional hours and a civics exam high schoolers need to pass to graduate.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Scott Girard:

The Madison Metropolitan School District plans to apply for a series of waivers from state requirements later this month for the 2020-21 school year.

On the same day as students began the school year virtually, administrators told the School Board about three waivers they plan to request — as long as the board approves them later this month. That vote is expected at the Sept. 21 board meeting.

The waivers would allow exemptions from state requirements on attendance, instructional minutes and the Civics Exam. Assistant superintendent for teaching and learning Lisa Kvistad told the board the waivers would allow flexibility for whatever learning model is in place as the year goes on.

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

WEAC: $1.57 million for Four Wisconsin Senators

Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration

Emma Best:

A new FOIA release shows the FBI Director’s Office responded to FOIA requests for known files on deceased FBI officials by presenting options that seemingly included a law enforcement investigation/proceeding against the requesters, with one email calling the requests “SUSPICIOUS.” While the emails are heavily redacted to conceal the identities of the FBI officials involved in the discussions, the Bureau repeatedly left personal information of the different FOIA requesters unredacted, despite having clear guidelines and no privacy waivers.

The FBI’s Dead List, which compiles a list of FBI files on subjects the Bureau knows to be dead, can be a wonderful resource for FOIA requesters. The list confirms the existence of specific FBI files as well as the subject’s death, removing the need to provide separate proof of death in order to avoid unnecessary redactions. The FBI has recently begun claiming that they can’t locate the updated copy of the file, a claim that the Department of Justice has upheld on appeal. The most recently released copy of the Dead List identified approximately 7,000 deceased FBI officials on whom the Bureau maintained files. Due to the obvious public interest in these files, they were requested.

Myron Magnet:

Haunting this year’s presidential contest is the sense that the U.S. government no longer belongs to the people and no longer represents them. And this uneasy feeling is not misplaced. It reflects the real state of affairs.

We have lost the government we learned about in civics class, with its democratic election of representatives to do the voters’ will in framing laws, which the president vows to execute faithfully, unless the Supreme Court rules them unconstitutional. That small government of limited powers that the Founders designed, hedged with checks and balances, hasn’t operated for a century. All its parts still have their old names and appear to be carrying out their old functions. But in fact, a new kind of government has grown up inside the old structure, like those parasites hatched in another organism that grow by eating up their host from within, until the adult creature bursts out of the host’s carcass. This transformation is not an evolution but a usurpation.

What has now largely displaced the Founders’ government is what’s called the Administrative State—a transformation premeditated by its main architect, Woodrow Wilson. The thin-skinned, self-righteous college-professor president, who thought himself enlightened far beyond the citizenry, dismissed the Declaration of Independence’s inalienable rights as so much outmoded “nonsense,” and he rejected the Founders’ clunky constitutional machinery as obsolete. (See “It’s Not Your Founding Fathers’ Republic Any More,” Summer 2014.) What a modern country needed, he said, was a “living constitution” that would keep pace with the fast-changing times by continual, Darwinian adaptation, as he called it, effected by federal courts acting as a permanent constitutional convention.

Modernity, Wilson thought, demanded efficient government by independent, nonpartisan, benevolent, hyper-educated experts, applying the latest scientific, economic, and sociological knowledge to industrial capitalism’s unprecedented problems, too complex for self-governing free citizens to solve. Accordingly, he got Congress to create executive-branch administrative agencies, such as the Federal Trade Commission, to do the job. During the Great Depression, President Franklin Roosevelt proliferated such agencies, from the National Labor Relations Board and the Federal Housing Administration to the Federal Communications Commission and the Securities and Exchange Commission, to put the New Deal into effect. Before they could do so, though, FDR had to scare the Supreme Court into stretching the Constitution’s Commerce Clause beyond recognition, putting the federal government in charge of all economic activity, not just interstate transactions. He also had to pressure the justices to allow Congress to delegate legislative power—which is, in effect, what the lawmakers did by setting up agencies with the power to make binding rules. The Constitution, of course, vests all legislative power in Congress, empowering it to make laws, not to make legislators.

But the Administrative State’s constitutional transgressions cut deeper still. If Congress can’t delegate its legislative powers, it certainly can’t delegate judicial powers, which the Constitution gives exclusively to the judiciary.

Nevertheless, after these administrative agencies make rules like a legislature, they then exercise judicial authority like a court by prosecuting violations of their edicts and inflicting real criminal penalties, such as fines and cease-and-desist orders. As they perform all these functions, they also violate the principle of the separation of powers, which lies at the heart of our constitutional theory (senselessly curbing efficiency, Wilson thought), as well as the due process of law, for they trample the citizen’s Fifth Amendment right not to lose his property unless indicted by a grand jury and tried by a jury of his peers, and they search a citizen or a company’s private papers or premises, without bothering to get judge-issued subpoenas or search warrants based on probable cause, flouting the Fourth Amendment. They can issue waivers to their rules, so that the law is not the same for all citizens and companies but is instead an instrument of arbitrary power. FDR himself ruefully remarked that he had expanded a fourth branch of government that lacked constitutional legitimacy. Not only does it reincarnate the arbitrary power of the Stuarts’ tyrannical Star Chamber, but also it doesn’t even meet the minimal conditions of liberty that Magna Carta set forth 801 years ago.

Madison LaFollette High School Saturday, 17 October 2020.

2020 Madison School District Tax & Spending Increase Referendum: David Blaska:

Another election is approaching, which means the Madison school district has its hands out for more money. Time to do like Sister Mary Rosaria and slap that hand with a steel-edge ruler!

The Madison Metropolitan School District seeks a one-time infusion of $317 million to fix stuff, buy a new boiler, etc. (Let’s hope they get a Menard’s BIG® card for savings on gasoline at Kwik Trip.) Got to think spending on bricks and mortar will be a hard sell when buildings have been empty since March and won’t fill back up until after Christmas — if then! Distance learning, home schooling — once the hobgoblin of the teachers union — is now the new normal. And can’t MMSD ever schedule maintenance?!

former Madison Mayor Dave Cieslewicz:

But here’s the thing. Unless you’ve been following this stuff closely, you would have no idea what this actually means for your tax bill. The referendum questions include only the gross dollar amounts, but no information about what it will cost the average homeowner.

If both referendums are approved, taxes on the average $311,000 home would go up a whopping $470 or so when the new spending is fully implemented in a few years. If every voter knew that it would make it a tougher sell, which is why, I suspect, that information isn’t on the ballot.

Almost $500 is a lot to ask for in any year, but in the context of COVID-induced furloughs, pay reductions and outright job losses this may be an even harder sell than usual. Nonetheless, more information is always better. The Legislature loves to mess around in local government and shortchange local control in counter-productive ways. But one thing they should do is mandate that all referendum questions include information on the impact to the tax bill on the average home in the community.

…..

Finally, they’ve made so little progress on the racial achievement gap that in August a group of Black leaders came out against the referendums to send a message. They note that 90% of Black students cannot read or do math at grade level. In their statement they write, “We have not been presented with evidence that links additional public expenditures with increasing the academic performance of African American students. More of the same for African American students is unacceptable.”

Much more on the 2020 tax & spending increase referendum, here.

A presenter [org chart] further mentioned that Madison spends about $1 per square foot in annual budget maintenance while Milwaukee is about $2. – October 2019 presentation. Milwaukee taxpayers plan to spend $1.2B for 75,234 students, or $15,950 per student, about 16% less than Madison.

The outcome of this substantial tax & spending increase referendum may be informative vis a vis civic awareness, governance and the stomach for the present system. Madison taxpayers have long supported far above average K-12 spending and taxes, while tolerating disastrous reading results.

The Madison School District recently sought a waiver for the State of Wisconsin’s civic education requirement.

I wonder what the implications of a reduction in Madison’s property tax base might be for this referendum – and homeowners? More.

Chris Rickert:

All 16 of the school districts completely or partially within Dane County have waived or loosened at least two academic standards to help seniors graduate at a time when schools have been shut down since mid-March due to the coronavirus pandemic.

Information from the districts and the state Department of Public Instruction also shows that the poorer and more diverse a district’s student body, the more likely the district’s leadership sought graduation requirement waivers from the state and lowered other standards.

The Wisconsin State Journal asked the districts to report whether they had:

• Changed grading standards after schools shut down;

• Reduced the number of credits needed to graduate;

• Sought waivers of the state’s civics exam, minimum instructional hours and educator effectiveness requirements;

• Made any other changes to help seniors graduate.

Every district had loosened requirements in at least two areas, and two districts — Middleton-Cross Plains and Sun Prairie — had loosened them in six, including waiving the requirement that students complete a certain number of community service hours to graduate.

The county’s largest district, Madison, reported reducing the number of credits needed to graduate from 22 to the state minimum of 15, moving to a pass/fail grading system and getting state waivers for the civics test and minimum number of instructional hours.

DPI had made clear at the beginning of school shutdowns that it would not seek to deny waivers of the civics, minimum instructional hours and educator effectiveness requirements. Some districts did not need waivers for the civics exam because it had already been administered by the time the schools were closed.

Linn Posey-Maddox, an associate professor of educational policy studies at UW-Madison, said the pandemic exacerbates existing racial inequities in education

Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.

My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results

“An emphasis on adult employment”

Wisconsin Public Policy Forum Madison School District Report[PDF]

Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration