Washminster

I'd rather be in....

2012-01-31T05:03:00.002Z

....well the famous quote by W C Fields was "Philadelphia" - but of course today, with an important Primary taking place there, "Florida" would be the chosen place. [Having said that I love Philadelphia - it has so much history - I could (and have) spent hours exploring the sites associated with the American Revolution and the formation of the republic: I'd also rather be in Washington DC; and after starting my day with a cup of Pike Place Roast coffee - I wouldn't say no to a visit to the Seattle home of Starbucks.]

But, my attention will be on Florida today. Sadly at a distance of 4,338 miles (Great Circle distance) I will have to rely on the computer - useful internet addresses for today are

Miami Herald - http://www.miamiherald.com/
Bay News TV - http://www.baynews9.com/
CNN - http://us.cnn.com/POLITICS/
MSNBC - http://www.msnbc.msn.com/id/3032553/ns/politics/
Fox News - http://www.foxnews.com/politics/index.html

But politics is boring.......

2012-01-30T05:08:00.003Z

I often hear this comment - not only on the doorsteps when out canvassing; but from students. Of course I disagree (it would have been difficult to be me - and to have done the things I've done, if I hadn't discovered a fascination for politics!!). Yes it can be tedious, and sometimes depressing - Yes, it can be a challenge to keep up with developments or understand all the issues that arise - but it is no accident that politics has proved such a rich source for novelists & playwrights.

It can provide first class entertainment - but more seriously, as citizens, it is about how we shape the world around us. In a democracy - we have both the privilege and DUTY of choosing our own leaders.

Lord Acton wrote (and I make no apology for repeating what I have quoted in numerous blogs; lectures; tutorials and speeches) - "Power tends to corrupt, Absolute Power corrupts absolutely".

The role of legislatures in particular, is to hold those who exercise power, to account. MPs can question Ministers about their policies and actions in the daily question time. [PMQs - Prime Minister's questions are just one half hour on a Wednesday, the first hour of business in the Commons on Mondays through Thursdays is set aside for oral questions. The House of Lords has a 30 minute Question Time]. Select Committees can conduct detailed inquiries. The Public Accounts Committee is charged with examining "the accounts showing the appropriation of the sums granted to Parliament to meet the public expenditure, and of such other accounts laid before Parliament as the Committee may think fit" - their website is accessible here.
The US Congress is given extensive powers.

Many decry the amount of argument in Parliament or Congress - but this is central to their purpose. Many different opinions are held within a nation. Parliament and Congress are the forum for the differing ideas and solutions to problems to be discussed. While Athens was small enough to allow direct democracy (and the telecommunications revolution opens up new opportunities today and in the future), Representative Democracy will have to do. [ Churchill - "Democracy is the worst form of government, except for all those other forms that have been tried from time to time"].

Do you know how to get your voice heard?, or how to make your representative work for you? - a challenge for 2012 is to empower more people to use the democratic powers they should enjoy.

Congressional Jokes

2012-01-29T05:00:00.001Z

There are some wonderful jokes about Congress - many told by Senators and Congressmen themselves. One Senator known for his encyclopedic knowledge of such jokes is Bob Dole, Presidential Candidate for the Republican Party in 1996 - who served in the Senate from 1969-96 was was Majority and Minority Leader.

He has collected many of those jokes in his book "Great Political Wit" (Subtitle: 'Laughing (Almost) All the Way to the White House")

Some of my favourites -

Eugene McCarthy "Being in politics is like being a football coach. You have to be smart enough to understand the game....and dumb enough to think it's important"

Adlai Stevenson "An independent is someone who wants to take the politics out of politics"

Joe Martin

2012-01-28T05:03:00.037Z

The answer to yesterday's trivia question was "Joseph William Martin Jr" - the ONLY Republican to be Speaker of the House of Representatives between 1931 and 1995. His two terms as Speaker were both preceded and succeeded by the legendary Sam Rayburn.

Originally from Massachusetts - he played semi-professional baseball and rosé from being a newspaper delivery boy to an Editor and Publisher. He served in the Massachusetts House and Senate before becoming US Congressman for the 15th (later, after redistricting the 14th then 10th) District of Massachusetts. Born in 1884, he served in Congress for 42 years. He led the Republicans in the House of Representatives (as Speaker/Minority Leader) from 1939 to 1959.

His congressional biography can be found here. One day late - so I should call it "Yesterday in History" -

Jan. 27, 1939

The first U.S. government officials to appear on a live television broadcast were four Members of the U.S. House of Representatives: Speaker William Bankhead of Alabama, Majority Leader Sam Rayburn of Texas, Minority Leader Joe Martin of Massachusetts, and Congresswoman Edith Nourse Rogers of Massachusetts. The group was interviewed in front of the Department of Agriculture along the National Mall. Images and sound were transmitted one-half mile away to the National Press Club where members of the press and Washingtonians gathered on the top floor in front of several television receiving sets.

Why Newt is scary...

2012-01-27T10:39:00.000Z

It's been an interesting few days in US politics (and apologies for Washminster's absence - a mixture of a trip to Norfolk; parties in Northampton; family visits to my home - and filing returns to the taxman!). With the Florida primary a few days away - some who want a Republican victory in November's presidential election have been panicked by the thought that Newt Gingrich might be gathering enough momentum to seize the nomination. So what are they worried about?

Newt is a former Speaker of the House of Representatives. Significantly he was the FIRST Republican Speaker for 40 years (Trivia Question - who was the previous Republican Speaker? - I will publish the answer just after 5am GMT tomorrow morning). That amazing victory owed much to the work of Newt. He changed the mindset - and the tactics of House Republicans. So why are many Republicans so ungrateful?

David Frum wrote this week "It's striking that almost none of Gingrich's former colleagues in the House has endorsed him for president. Striking that nobody associated with a past Republican presidential association has done so. He is a candidate of talk-show hosts and local activists -- and of course of Rick Perry and Sarah Palin -- but not of those who know him best and have worked with him most closely. Gingrich may raise more money after his South Carolina win. But prediction: Romney will raise even more, among the great national network of Republicans who recognize that to nominate Gingrich is to commit party suicide."
I have to admit that I think Newt is brilliant - he has an understanding (partly academic - but also an amazing instinctive feel) for what works in MASS seduction. He has learned & deploys all the tricks and techniques to motivate and mobilise people for his agenda. A word of warning - admiring someone for their brillance is NOT the same as endorsing that person or finding his actions at all acceptable. I am also in awe of Hitler for a similarly high level of brillance in the same area. I wholly reject his philosophy and his actions. [by the way today is Holocaust Memorial Day]

Anyone interested in political communication should study Newt - and citizens need to protect themselves by studying the techniques he uses. He puts a lot of emphasis on the use of language - his memo to Republican candidates (the 1996 GOPAC) on Language as a key mechanism of control is very important.
It can be read here. His use of C-SPAN (unwitting collaborators) to frame viewers impressions of Congress and his opponents was masterful. As Newt himself is reported to have said "My ability to organize and orchestrate things would be vastly greater than a normal politician."-- (CBN News). Gingrich understands (and many politicians don't) that you can't persuade everyone to love you. Gingrich will never win the support of committed lerals and progressives. He has his "targets" and seeks to mobilise them.
Jon Meacham wrote this week in an article 'Why Newt is Like Nixon' "The analogous elements are obvious. Like Nixon, Gingrich is smart, with a wide-ranging and entrepreneurial mind. Like Nixon, Gingrich is a striver who seems insecure around traditional establishment figures even though he has achieved much more than nearly all of the politicians, editors and reporters he seems to at once loathe and fear. Like Nixon, Gingrich is fluent in the vernacular of cultural populism, brilliantly casting contemporary American life in terms of an overarching conflict between 'real' people and distant 'elites' bent on the destruction of all that is good and noble about the United States."

As Frum highlighted, the fear amongst some Republicans is that he could win the nomination - and while he has a strong following - he also will provoke an angry reaction. Like Goldwater (1964) and McGovern (1972) the party may suffer a humiliating loss in the Presidential election. Worse still for the Republicans, his candidacy could sink GOP congressional candidates - Bob Dole (Republican Presidential Candidate in 1996) issued a statement this week saying - "I have not been critical of Newt Gingrich but it is now time to take a stand before it is too late. If Gingrich is the nominee it will have an adverse impact on Republican candidates running for county, state, and federal offices. Hardly anyone who served with Newt in Congress has endorsed him and that fact speaks for itself. He was a one-man-band who rarely took advice. It was his way or the highway." He added: "In my run for the presidency in 1996 the Democrats greeted me with a number of negative TV ads and in every one of them Newt was in the ad. He was very unpopular and I am not only certain that this did not help me, but that it also cost House seats that year. Newt would show up at the campaign headquarters with an empty bucket in his hand -- that was a symbol of some sort for him -- and I never did know what he was doing or why he was doing it, and I'm not certain he knew either."

So should supporters of Obama be backing Gingrich in Florida? A few months ago no one thought he could ever be the most popular candidate amongst Republican voters (A Gallup tracking poll this week shows Gingrich six points ahead on the rest of the Republican field!) - is Newt clever enough to win a national race? (remember his achievement in the 1994 congressional elections).

Contenders

2012-01-19T05:07:00.003Z

I've mentioned in a number of recent posts how interesting and informative I have found the C-SPAN series "The Contenders" to be. Having finished listening to (I've received them as podcasts - but the full television programme can be viewed on the internet) the programme on Barry Goldwater - I have gone on to listen to the ones on Hubert Humphrey and George McGovern. As a result I've added the 1968 and 1972 "Making of a President" to my short term reading list.

(Both are also available as Kindle ebooks)

Trouble

2012-01-18T05:47:00.003Z

During supplementaries on a recent oral question about Grammar Schools, one intervention came from a former Lords Whip

Baroness Farrington of Ribbleton: Does the Minister accept that there are those who attended selective schools who did not find them helpful? I ask him to remember that when, at the age of 13, I was asked by my careers teacher in a girls' grammar school about my ultimate aim in life and I said, "To become a Labour politician", I was asked whether I was being deliberately insubordinate.

Around Westminster

2012-01-17T14:47:00.000Z

A little late today - my apologies. I've spent the morning doing a tour of the Palace of Westminster. There is so much history here - and much of it "accidental". By this, I mean that many of the revered practices at Westminster have arisen through an accident of history.

Members of the Commons go through the division lobby, bowing before their vote is counted. The reason is not some obscure courtesy to a person; office holder or place, but because when Cavaliers in the 17th Century approached the door of the lobby, they had to duck to avoid their huge hats being knocked off. Similarly MP's bow to the Speaker's Chair. The reason can be found below - the Chair replaced an earlier piece of "furniture".

Even the shape of the Commons Chamber and its layout results from an accident of history. MPs were thrown out of the Chapter House in Westminster Abbey - because they were too rowdy!!!. They hired rooms, but these were some distance from the Palace of Westminster - and petitioned the King for a permanent meeting room. They wanted the then redundant St Stephen's chapel. It was in the very centre of the Palace - and it was "available". The Speaker's Chair was placed on the site of the Altar - and MPs sat in the choir stalls - which faced each other - perhaps the two party system would have developed without it - but some are convinced that the layout influenced our style of government.

American Elections

2012-01-16T05:01:00.001Z

I am increasingly using e-books rather than physical hard- or even paperbacks. They are easier to carry around (Usually the have an advantage in both volume and weight), and space is running out in my library. An excellent book that I am using at the moment is "Presidential Elections: Strategies and Structures of American Politics". This is now in its 13th Edition. It's original authors - Nelson Polsby and Aaron Wildavsky have passed away - but the quality and detail we had come to expect from them has been maintained. The Structure of the book is

Part One - The Strategic Environment
C1 - Voters
C2 - Groups
C3 - Rules and resources

Part Two - Sequences
C4 - The nomination process
C5 - The campaign

Part Three - Issues
C6 - Appraisals
C7 - American Parties and Democracy

If you need the physical version - further down the page is a link to the hard and paperback versions.

Fabian New Year Conference

2012-01-14T05:07:00.005Z

Today in London, the Fabian Society is holiday its annual "New Year Conference". It is being held at the Institute of Education, fairly close to Euston Station. The keynote speech is being given by Ed Balls, the Shadow Chancellor. The title of the conference is "The Economic Alternative" - and the full programme is available here.

The Fabian Society has been influential in the Labour Party throughout the party's history. The "Fabians" played a key part as one of the organisations which set up the Labour Party. Originally formed in 1884, it was a "think tank" long before the term became fashionable. It takes its name from the Roman General Fabius Maximus, whose strategy was to avoid the immediate headlong attack - but to adopt a longer term "gradualist" approach - which delivered ultimate victory more effectively. That describes the political strategy of the Fabians. They oppose violent revolution - but the establishment of social democracy through persuasion. I once owned their tie which was a succession of the phrase "the inevitability of socialism".

The photograph is of George Bernard Shaw, the playwright, one amongst many influential Britons who have been involved in the Society. A book he wrote on the early history of the Society is available here.

Private Eye

2012-01-13T05:03:00.002Z

I once walked into an MP's Westminster office carrying a copy of "Private Eye" - with short, sharp "Anglo-Saxon" words he inquired why I was even touching that magazine (It would not be approriate on Washminster to quote directly - but it was fairly clear that he did not approve of my choice of reading material). Perhaps his strongest objection came from the column "HP Sauce" which highlights alleged misbehaviour (or sometimes a little hypocrisy) on the part of members of the Westminster Parliament. One of the functions of "Private Eye" is to highlight misbehaviour ('investigative journalism') - the regular columns include

Street of Shame - about the British newspaper industry (it used to be known as, as some still refer to it as "Fleet Street", but almost all the newspapers have moved elsewhere)

Rotten Boroughs - about local government

Signal Failures - about the railways

Other areas of British life are covered elsewhere in the magazine. But is also a satirical and cartoon magazine (the UK equivalent of "The Onion" - though probably a bit more 'grown up').

My daughter and son in law have given me annual subscriptions as Christmas presents for the last few years. A very good present, which keeps on giving! An online version is available at http://www.private-eye.co.uk/. I recommend taking a look (but be discreet, not in front of anyone who may be offended!)

Barry Goldwater

2012-01-12T05:40:00.004Z

Recently C-SPAN ran a series about presidential contenders, who had run for the presidency, and despite failing (sometimes repeatedly), had still made a permanent impact upon American politics and history.

The 1964 campaign was a particularly significant election. Lyndon Johnson won with a landslide victory - but its long term significance resulted from the candidacy of Barry Goldwater. He was definitely NOT the establishment candidate for the Republicans. Nelson Rockefeller, the Governor of New York and a moderate "enjoyed" that status, at least initially. However his family life led many "social Conservatives" to shy away from him. Other potential candidates mainstream candidates failed to inherit the establishment mantle. The Republican Party had become bitterly divided - and Goldwater fired up more hard line Conservatives. He won the nomination, but was vulnerable to charges of extreism - which LBJ exploited. The result, as stated above was a landslide.

The conservatives learned much from that defeat - and began a slow, but very effective comeback. While Nixon (and his un-elected Vice President, Gerald Ford, who succeeded him in 1974), were moderates (certainly by today's standards, though Nixon was certainly not portrayed as such at the time - the conservatives who had organised effectively had succeeded in achieving a revolution - which culminated in the succesful election of Ronald Reagan. His speech in 1964 supporting Goldwater and his conservative agenda can be viewed below.

The C-SPAN programme can be accessed at

http://www.c-spanvideo.org/program/Contender

Below are a series of books relevant to Goldwater; the 1964 Election and the "conservative revolution"

Right Star Rising (esp p21 - 33)

Healthy Learning

2012-01-11T05:06:00.001Z

One of the privileges of living in Milton Keynes is that talking a walk is so easy. I live in Furzton, just a couple of minutes walk away from Furzton Lake - which is 1.8 miles to walk around, and has wide enough pathways to allow walkers, joggers and cyclists to peaceably co-exist. Similarly the network of "Redways" and linear parks allows pleasant and motor-traffic free walks - either to a specific place (I often walk the 2 miles from my home to Milton Keynes Central Rail Station - purely through parkland) or on a 'circular' route.

As well as being pleasant - and physically healthy - these walks offer an opportunity to learn more. I subscribe to a number of podcasts. The walk in the morning to the station gives sufficient time to listen to the overnight version of "Today in Parliament", and some of the previous evening's "Washington Today". During my walks around the lake I either listen to an audio book (from Audible - recent purchases have included "Master of the Senate"; Dallek on the American Presidency; Schrecker on McCarthyism "The Modern Scholar: American Inquisition) or one of the many C-SPAN podcasts .

Walks are also fantastic opportunities to think things through. Many ideas for Washminster posts arise and are developed on one of these walks. Minor episodes of "writers block" can also be ended that way.

2012-01-10T05:12:00.009Z

The one session in the Manchester APG conference that I didn't write about yesterday was Professor Richard Pious' keynote speech on Thursday evening. It needs a post of its own!

In an entertaining and informative tour de force lasting an hour - Professor Pious (Columbia University) looked at the influence of British politics on US politics and the reverse trade. He highlighted six main areas.

The first was the influence of Alexander Hamilton - and his emphasis on the prerogative powers that the President should enjoy. The work of Blackstone on the prerogative was heavily relied upon by Hamilton in his speeches at the Constitutional Convention. Pious pointed out that it was Hamilton's ambition to be the "Prime Minister" to Washington.

In the late 19th Century there were attempts made to graft many of the developing features of Westminster onto Congress. At this time the UK Parliament was seen by many influential Americans as more effective than the congressional system. Woodrow Wilson (as an academic, before he became President) was one of these men -and Professor Pious was able to list a number of Westminster practices which were proposed.

The third influence was the work of Lord Bryce, and his critique of the US Political class.

While many of the ideas which surfaced in the late 19th Century came to naught, the concept of "responsible government" resurface in the mid 20th Century. After WW2 APSA made an influential proposal for importing this concept. (more details here). Pious pointed out that there has been greater polarisation - particularly with the Goldwater campaign of 1964; Nixon & the Republican revolution in the 1990s - but thios has tended towards "irresonsible" rather than "responsible" government.

The fifth influence has been Beveridge's ideas on the welfare state that were imported into the US by American academics who studied in Britain. Daniel P Moynihan was cited as an example by Professor Pious.

The final influence was the much repected British academic Richard Rose (his CV is worth looking at if you are unfamiliar with him). Amongst the many things he has done, he has compared the Premiership in Britain and the American presidency.

After this study of history - Professor Pious then drew some key lessons about (1) the emphasis on prerogative powers; (2) the appearance of an informal parliamentary system when the Presidency wasn't working (he suggested Kissinger under Nixon and Weinberger under Reagan as 'Prime Ministers' who enjoyed congressional confidence) and (3) a continued lack of "the best" reaching the presidency.

There was so much there - and lot's to explore further. I hope that you will find sufficient in my review to take you further!

Richard Nixon

2012-01-09T14:21:00.001Z

Today would be the 99th Birthday of President Richard Nixon - one of the most controversial, and interesting, Presidents. Follow this link to C-SPAN for resources on his life.

Thought Provoking

2012-01-09T07:20:00.000Z

I've returned from an excellent conference held in Manchester by the American Politics Group. If you are a teacher of American politics or a postgrad researching the area (and it is not confined to just one approach - members represent those who rely heavily on statistical analysis [whilst I do some, I wouldn't count myself among their number]; those whose emphasis is on historical studies; Congressional and Presidential scholars; and lawyers doing comparative studies) - it is worth joining. Details are available on the APG website.

It was a real feast (and I'm not only referring to the dinner in the Midland Hotel on Thursday night and the informal meal at a Chinese restaurant on Friday).

The first panel looked at Health Care. Alex Waddan (Leicester University) presented a paper on "Health Care and the Patient Protection & Affordable Care Act". It considered the background to the passage of the Act and its significance. Carmina Serrano of Complutense University of Madrid then gave a very interesting paper on the use of anti-trust law in reforming healthcare in the United States. It highlighted the exemptions which had allowed a number of anti-competitive practices to thrive within the pharmaceutical industry in the US..

Our second session was on the Tea Party. Michael Bailey of Georgetown University presented a paper giving a very detailed statistical analysis of the impact of four different activities associated with the Tea Party. He looked at the impact of Tea Party activists; the level of Tea Party support within districts; Group endorsement activity and the activities of people within the political elite (Congress and Party leaderships) who identified themselves as "Tea Partiers". The impact of the four upon electoral outcomes and rollcall votes was considered. Clodagh Harrington of De Montfort University gave a very interesting paper on the Tea Party movement(s) - looking at the background; the sources of the anger and the differing agenda. I had read the paper prior to the conference and was prompted to buy an ebook of essays by Richard Hofstadter, including his famous 1964 essay on "The Paranoid Style in American Politics". I read them over the weekend. Many thanks to Clodagh for prompting this - and I will be writing a post specifically on those essays within the next few days.

The third session looked at some of the history behind the development of the Right. Alf Tomas Tonnessen looked at the significance of events in 1978. His will be a paper I will be using as a starting point for further research. Tom Packer, who has just submitted his Ph.D. thesis at Oxford University gave a fascinating presentation the Jesse Helms. Luca Trenta (Durham University) gave an excellent paper about Risk versus Risk trade off in Foreign Policy. It was very strong on theory, then went on to apply it to the presidency of Jimmy Carter.

The final panel on Friday included a paper by Onawa Lacewell and Annika Werner (WZB, Berlin) which considered the impact of state party autonomy on Electoral success in the 2008 and 2010 elections - which highlighted the contrasting nature of presidential and mid term elections. They are continuing their research and have already drawn out some important conclusions. Marco Morini (Padua) then looked at the impact of the economy on presidential approval ratings.

John Berg of Suffolk University (Massachusetts) considered the Tea Party; the union protests which began in Madison, Wisconsin and the Occupy movement. A very useful background to each was given and he drew out the potential electoral implications of each. A very interesting paper! Eddie Ashbee of Copenhagen Business School also provided some thought provoking material in his paper "The Obama Presidency, the Left and Narratives of Failure".

The Final session of the conference looked at an important "institution" - the Office of Management & Budget (OMB) - and how it had developed. It was a great historical study - and Andy Rudalevige has found some real gems amongst the memos and documents produced within the Office and the Executive Office of the President. Christine Harlen of Leeds University spoke about her research into the Small Business Innovation Research Programme - and how it developed despite some strong opposition (and some surprising Congressional alliances).

A great start to the year for me - and the conference has stimulated a lot of thought. The papers are not available online - but many are due for publication in the coming months. Some will be contained in a forthcoming book which John Dumbrell of Durham University is editing, and others are early drafts of papers which will appear in the academic press. I will be passing on details when they are published.

[I used the photo of Starbucks, 1-5 Oxford Road, Manchester because - after the conference had finished - I spent a couple of hours there reading my newly downloaded ebook of Richard Hofstadter's essays]

Quiz Answers

2012-01-08T05:11:00.001Z

The answers to the quiz were (see 2nd January) were

Q1 C - California & Texas (93 Electoral Votes)
A (84) B (84) D (58) E (67)

Q2 B - Correze
(A is Martine Aubry’s; C is Segolene Royal’s)

Q3 D - Nebraska (with Ben Nelson announcing that he will not stand)

Q4 B – Axelle Lemaire
A is UMP candidate; C is Mouvement Républicain et Citoyen candidate & E is the former Speaker of the House of Lords(troisième circonscription des Français établis hors de France)

Q5 E – Bob is currently resident in Washington DC, which does not have a Member in the House of Representatives. Eleanor Holmes Norton is the delegate for the District of Columbia.

Quizlet

2012-01-07T05:03:00.059Z

Law Students in particular, but many students in general, have a tradition of using "revision cards" to assist in the final stages of revision. Of course they are even more useful if prepared earlier during the course of studies.

Case cards are a particularly useful tool for law students. It's useful to have a VERY brief outline of the facts and key legal points established by a particular leading case. (A word of warning - volume is the enemy of the student who wishes to be effective - don't do too many cases, concentrate on the cases that you are likely to need for the exam - a thousand case cards looks impressive, but may not concentrate the mind! Similarly, don't try and write as much as you possibly can - in the smallest writing. Condensing the information is the key to successful recall)

One of my students introduced me last year to "Quizlet" an internet based tool for creating cards; revising & testing oneself; and sharing with colleagues. He, and some other Open University students collaborated in developing some revision cards which they then shared and tested each other on. I strongly commend such activities - it makes learning more fun & discussion can (and does) arise which enhances every participants understanding of the subject matter.

Revision cards are useful not just for learning cases - but definitions, or quotations, for dates & translated words. I've started using them for my own leisure and professional use. Quizlet allows you to make your own cards - and if you choose, to share them with everyone - or with a defined group of colleagues. It also allows you to find existing card sets.

So if you are taking an exam in 2012 - make your resolution to improve your results by using revision cards. The ones you make yourself are the most useful (because you are forced to condense information - a key to successful memory). Using cards made by others can be useful, but less effective (I for example found on Quizlet a set of cards, each of which has the name; state and photograph of a member of the current US Senate - and use it to improve my recall of faces (not my strongest point) and linking Senators to their States. I am developing myself some MindMaps which link together other pieces of information (Committee assignments; dates of birth; other political achievements and interests).

If you want to try Quizlet out - go to http://quizlet.com/.

I have set up groups to share course related cards for my Open University Students on the W200 and W201 courses. If you'd like to join one of the groups
- English Legal System (for W200)
- UK Constitutional Law (for W200 and W201)
- UK Law of Obligations (for W200)
- EU Law (for W200)
- UK Admin Law (for W201)
- UK Criminal Law (for W201)

please drop me an email at jdavidmorgan@googlemail.com and I'll add you to the groups you wish to join.

Jeanne D'Arc

2012-01-06T13:15:00.000Z

It's not a big story in the British press) it probably doesn't get a mention! - but today is the 600th birthday of Joan of Arc.

California

2012-01-06T05:21:00.001Z

The largest state in terms of population - with 55 Electoral Votes. As 270 votes are needed to win, it's a useful state to win. Since 1992 it has always given its electoral votes to the Democrats, but post-war the Democrats have won the state only twice - in 1948 and 1964. In 1948 and 1960 the results were very close - Nixon beat Kennedy by a margin of just 0.55% (35,623 votes) and Truman beat Dewey by just 17,865 votes (0.44% margin). The State produced two post war Presidents - Richard Nixon and Ronald Reagan.

The interest in 2012 will probably not be in the presidential result. Cook regards the state as "Solid Democrat", but he lists 7 Democratic and 5 Republican seats as competitive. Redistricting has had a major impact - forcing incumbents to fight each other (for example Laura Richardson (D-37th) and Janice Hahn (D-36th) are likely to face each other in the new 44th). Some retirements have already been announce, and more are expected. Once the fields become clearer, Washminster will profile the individual districts and candidates.

Maps of the old and new House seats can be accessed at http://wedrawthelines.ca.gov/maps-final-draft-congressional-districts.html

As of the beginning of this month - the following districts were regarded as competitive (Cook)
Nominally Democratic - 3rd, 9th, 16th, 24th, 26th, 41st, 47th
Nominally Republican - 7th, 10th, 21st, 31st, 52nd

Dianne Feinstein is up for re-election in the Senate. That rate is currently regarded as "Solid Democrat"

American Politics Group

2012-01-05T05:05:00.011Z

Today in Manchester, the annual conference of the American Politics Group begins. The APG was founded in 1974 and "is the major professional organisation for the researchers and teachers in the UK whose work concentrates on the government and politics of the USA." Details of the conference can be found here.

I'm particularly looking forward to the sessions which look at the Healthcare issue, (and to an updated version of Dr Alex Waddon's paper which was initially presented at the annual colloquium at the British Library in November) and to the session on the Tea Party movement. There's a session on development of the Right in America, upon which I have a particular interest, and some sessions on recent political history.

I will give a report after the conference and review some of the papers presented.

For me, this is going to be a year for visiting Manchester. Apart from kicking off the year with the APG, I'll be back for the Labour Party Conference in September/October. The city hosts the People's History Museum, which is both a fascinating museum and has important archives which I have used in the past - and will probably do so again this year - for my historical research into Parliament.

Clowance

2012-01-04T05:05:00.009Z

I spent the last two weeks of 2011 in Clowance, Cornwall - a welcome break after a busy year - and a chance to recharge the batteries for a very exciting & busy 2012. But even in the remote location we were based in, there were links to Parliament (No, I didn't spend the two weeks reading old copies of Hansard - actually that's not entirely true - one evening I spent reading on the archive site speeches and questions relating to Milton Keynes - on Saturday how I wished that the proposed route from Swindon to Milton Keynes to the East Coast ports had actually come to fruition!! - and the history of the Open University).

Our "apartment" was in the old coach house next to the main house at Clowance. (hyperlinks take you to the National Heritage List for England - and the relevant entries). Clowance was the home of the St Aubyn family. From April 1554, when William St Aubyn was returned for Helston (a town we visited a couple of times during the holiday) until Sir John Aubyn, Liberal Unionist MP for St Ives (a town we spent even more time in) was made Lord St Levan in 1887 - the family has had MPs in most parliaments. In my post of 9th December 2008 (we spent the week before Christmas in Clowance that year), I described one of these MPs Sir John Aubyn who has his own little place in history. While Lord St Levan was a Liberal most of his ancestors were Tories. The 3rd Baronet (profiled in my 2008 post) has been described as "an extreme Tory" and "one of the Tory leaders in the House of Commons under George II". Colonel John St Aubyn (MP Tregony April 1640; Cornwall 1656; St Ives 1659 and 1660) sided with the Parliamentarians in the Civil War, but in 1659 called for a free Parliament and served in the Convention Parliament of 1660.

It is possible now to access "The History of Parliament" via the internet. While some parts remain to be published - it is possible (yes, I was that sad on holiday) to research constituencies and members - or even families of MPs.

The coach house is at the top of the picture - the main house at the bottom right. Between the two is the leisure complex.

Iowa

2012-01-03T09:39:00.000Z

The world's attention will of course be focused on Iowa today - as the caucuses are held - the first time that real voters get to make their choices known for the Presidential election. While interest is centered on the Republican caucus - there are also similar meetings for Democratic supporters. President Obama is hot favourite there! As the polls suggest - the result of the Republican caucus is less clear cut.

As I wrote four years ago -

Party supporters will meet across the state to select their nominees for the candidacy of their party. Party meetings are held in each Precinct (the equivalent of a ward in the UK). These may be in 'public' buildings such as schools, public libraries or churches - or may be in a particular person's home. Each precinct contributes towards the county convention, of which there are 99. These county conventions then select delegates for both Iowa's Congressional District Convention and the State Convention—these eventually choosing the delegates for the National Convention.

The process for selecting nominees differs in each party. The registered Republicans who turn up for their meeting listen to arguments for candidates put forward by other caucus participants then write the name of their chosen candidate on a previously blank piece of paper - voting by secret ballot. The results are then sent to the Iowa Republican Party who release the final totals.

The Democratic caucus this time will focus more on preparing for the final stages of the Presidential race (which of course, with an incumbent President facing no serious challenger from within his party, starts now).

But Washminster's interest in Iowa will not end tonight. During 2012 I will be paying special attention to 15 states where there are wider electoral interests. Some will be key states which could tip the Presidential race either way. Others have a number of key House or Senate races. Iowa is one of those states. It has 6 Electoral College Votes for the Presidential - and is currently regarded as a toss up. All four of its House races are regarded as competitive. The redistricting following the census leaves Iowa with one less seat.

Districts 1 (Bruce Braley D) and 2 (Dave Loebsack) are regarded as 'likely Democratic'; 3 (a merged seat is 'toss up' Leonard Boswell D, the member for the current 3rd district will face Tom Latham R, the Member for the current 4th district) and 4 is 'lean Republican' (Steve King R). [Cook's Political Report 28th December]. Rothenberg concurs over IA03, but regards the other seats as safer than Cook does.

As with the other states that Washminster will be following (and a few additional House and Senate races) - we'll be looking at the candidates and the issues in more detail as the campaign progresses.

The Quiz

2012-01-02T09:05:00.000Z

This is the round of our family quiz that I set yesterday. All answers are multiple choice. I will publish the answers tomorrow.

Q1 Which Two States will have the highest number of Electoral College Votes in 2012?

A – California & New York
B – Florida & California
C – California & Texas
D – Florida & New York
E – Texas & New York

Q2 In which département does the Parti-Socialiste’s Presidential Candidate François Hollande have his political base?

A – Nord
B – Corrèze
C – Deux-Sèvres
D – Paris
E – Charente

Q3 Which Democratic held Senatorial seat this week was moved by the Cook Political report from “Toss Up” to “Likely Republican”?

A - Pennsylvania
B – Ohio
C - Virginia
D - Nebraska
E – Florida

Q4 Who is the Parti Socialiste candidate for the Assemblée nationale constituency which includes the United Kingdom?

A – Emmanuelle Savarit
B – Axelle Lemaire
C – Bruno Guillard
D – Ségolène Royal
E – Hélène Hayman

Q5 Which of the following represents Bob Carr (former Member of Congress & friend & contributor to Washminster) in the House of Representatives?

A – Gerry Connolly
B – Debbie Stabenow
C – Fred Upton
D – Ron Kind
E – none of the above

Bienvenue 2012 - et bonne annee!

2012-01-01T11:32:00.000Z

2012 has finally arrived - and it promises to be an exciting year (at least for those who share the interests of Washminster). The French elections are due in the first half of the year - with the two rounds of the Presidential preceding the two rounds of the legislative elections. Then there are the US elections - which seem already to have been going on for months - but move up a gear with the Iowa caucus this week, and onto the Presidential & Congressional elections on November 6th.

Washminster will follow the twists and turns of the various campaigns - whilst also providing an insight into how the processes work.

Even without elections - this is likely to be a momentous years within the legislatures that Washminster is dedicated to following.

In Britain, while the Olympics may distract us, real conflict is expected in the Palace of Westminster. The coalition will face new pressures - and the 'loyal' opposition will be challenging a Government agenda it has fundamental disagreements with. Expect to see heightened conflict between the parties; and between the two chamber of Parliament. With the constitutional changes made earlier in the session - we'll see how Parliament itself is developing.

The 112th Congress will exist throughout the year (the 113th, elected at November's elections) will come into existence next January. Don't expect love and peace to break out between (or within) the warring tribes on Capitol Hill.

With negotiations and a European Council on treaty changes due this month in Europe, be assured that the European Parliament will be fighting its corner.

In the French Parlement, power rests with the Right in the Assemblee nationale, but now with the Left in the Senat. With multiple elections, expect the battles to be reflected in Paris.

I have just returned from a restful fortnight in beautiful Cornwall - all fired up for the year ahead! Sensibly, I took a few days off keeping up with the news & reading about politics and legislative affairs. Instead I researched some Roman History (Britain in general, the Milton Keynes area in particular). A change is as good as a rest - particularly when accompanied by some great walks around Lands End; the Lizard and St Ives. If you've never been to the south west tip of Cornwall - you should visit - it's a great place.

In the latter days I was able to reindulge my passion for elections; US & French politics - plus catching up on some reading about events in the UK. Isn't the internet a wonderful thing? Today we have a belated family Christmas party (with the Nicholson branch), the Morgan branch gets together later in the month.

Enjoy the rest of New Years Day - and tomorrow the in-depth coverage from Washmnister resumes (and I'll also post my questions from today's family quizz - my round is on "Elections 2012").

Enjoy the Holidays

2011-12-22T05:30:00.027Z

This post was posted (ok, allow me to let you into a little secret - it is possible to write a post, and to have it go live at some specific point in the future. This is an example of that) at the exact time of the Winster Solstice 2011 [05:30 UTC or as we Brits would prefer "GMT - Greenwich Mean Time"].

It is an appropriate time to sign off for the Christmas Holidays - which themselves were based on the dating of the winter solstice - the Biblical accounts of the birth of Christ giving no clues as to when it occurred. I should like to send my best wishes for the holiday season.

Washminster will return in the New Year - which promises to be an interesting one! I use the traditional greeting which includes the perhaps optimist wish for a "prosperous New Year", but UK, US, EU & French legislatures need to be addressing how to bring this about - or they will come under increasing challenge!

Arrival

2011-12-21T05:17:00.024Z

Today is the anniversary of the Pilgrim Father's arrival at Plymouth Rock - in 1620. Their journey had begun many years earlier. The first attempt to escape England was in 1607 when members of the separatist church in Scrooby, Nottinghamshire tried to (illegally) flee the country via Boston, Lincolnshire. They walked across country, paid the captain of a ship to take them to Holland - they were taken onto the ship, but he then betrayed them - which is how they came to be imprisoned in the town & brought before the court in the Guildhall.

The next year they successfully escaped to Holland - where the group (and worshipped) for over a decade. In 1620 - after much planning - they set out for America. The last place their ships left in England was Plymouth in Devon. A website dedicated to the Mayflower Pilgrims in Plymouth, Devon - can be accessed here.

Oh Christmas Tree...

2011-12-20T05:33:00.004Z

A few photos of Christmas trees

Westminster - from the West

Outside Westminster Hall

US Congress

US Congress ...from afar

European Parliament (Brussels)

Migration to the UK

2011-12-19T05:07:00.006Z

The first examinable chapter of "Life in the United Kingdom: A Journey to Citizenship" begins with a section called "Migration to Britain". It points out the long history of immigration - highlighting the safe haven given to refugees fleeing from persecution. The Huguenots (French Protestants who fled when massacres and bans threatened their existence) and Jews (fleeing from Russia 1880-1910 and Germany under the Nazis) are mentioned - and Irish immigration resulting from famines is also discussed. (It would be ungallant of me to point out that Britain produced its own persecuted refugees - the Pilgrim Fathers didn't leave because Holland then New England had pleasanter climates! - or that the welcome received by some refugees was less than generous - see Anita Roddick's comments on the Daily Mail or the "No Irish Need Apply" notices which were rife in England. One may also wonder how much English mismanagement led to the economic problems that led to decades of exodus from Ireland).

Information is given about who has come in recent years, and where from - and unlike the popular image (thanks to the stereotyping of the likes of the Daily Mail and Daily Express) - major influxes of immigrants have come from countries like the USA and Australia.

The Book reminds those seeking to take the British Citizenship Test to

"Check that you understand:-

1 some of the historical reasons for immigration to the UK
2 some of the reasons for immigration to the UK since 1945
3 the main immigrant groups coming to the UK since 1945, the countries they came from and kind of work they did."

Should Math(s) be taught at school?

2011-12-17T05:01:00.008Z

This video has been circulating amongst Maths Education specialists

There have been a number of books appearing in recent - Al Gore's "The Assault on Reason"; Susan Jacoby's, "The Age of American Unreason". This video is, thankfully, a spoof (although it satirises the answers to a question really put to the 2011 Miss USA contestants - "Should evolution be taught in schools?") - the original can be found here.

The Washington Metro

2011-12-16T05:07:00.003Z

I love travelling on the Washington Metro (OK there are times - in the rushhour when I've waited for a seemingly unending time in L'Enfant Plaza making the connection between the train from Capitol South on the Blue Line to the yellow line to Huntington, when loads of green trains come through & the platform is full - and when my train finally arrives there are no seats - that I have less than generous thoughts). Mainly it's good fun. On my early visits to the City I would ride the Metro discovering new areas on the weekends when Congress was closed. (I fell in love with Rockville as a result of riding the Red Line.

There is a very useful website - http://www.wmata.com/ which has details of the system and the various stations. As I write at my side is the very informative "StationMasters DC Area Metrorail Atlas".

GoRemy has written and performed a great song about the Metro - a little critical - but tongue in cheek, and I enjoy watching it out of affection for the Metro.

The Making of the United Kingdom

2011-12-15T05:13:00.001Z

The first chapter of "Life in the United Kingdom" - which is non-examinable - deals with the meanings of the various terms often applied to the country - UK; British Isles; Britain; Great Britain. Although used interchangeably, they have precise meanings. The "United Kingdom" is the correct name of the State. The British Isles also include the independent state of Ireland, whereas Great Britain strictly refers to the main island (excluding therefore Northern Ireland - a part of the UK and other offshore islands)

A high speed history is given in the following sections

- Early Britain: from the arrival of man to the Norman Conquest in the 11th Century
- The Middle Ages: from late 11th Century to 1485
- The Early Modern Period: from the accession of Henry VII (accession is the polite term - he invaded England & overthrew Richard III at the Battle of Bosworth. (see my post of April 2011), his right to the throne by blood was pretty weak) to 1688.
- Stability and the Growth of Empire: from the reign of William & Mary (another Foreign led and financed invasion to replace a King who had outlived his welcome) to the outbreak of the First World War
- The Twentieth Century: mistitled section, as it only covers 1914 to 1945! (though an important period)
- Politics in Britain since 1945: from Labour taking power in 1945 to the last Labour Government (remember that the current edition is from 2007. I'm sure a new edition can't be far off)

Things to do in Washington

2011-12-14T05:04:00.001Z

One of my friends is preparing to spend a few months working in Washington DC - and asked if I had any special recommendations for places to see or visit (or eat at). I could fill a year's worth of Washminster posts on the subject - and have already written much -

I wrote a post in October 2009 about my favourite places to eat.

St Elmos Coffee Pub isn't actually in DC - it is in the Del Ray area of Alexandria (nearest Metro stop - Braddock Road). I've posted a few times about this coffee shop that I could while away many hours in. The staff are friendly; it has a vibrant atmosphere - and great coffee and food. My favourite post was made in
Jan 2011

There are many branches of Starbucks which I have enjoyed visiting - the one on Capitol Hill has a very special atmosphere - I posted about this in Jan 2010. I have enjoyed many breakfast coffees at the branch closest to Bob Carr's office (Starbucks - 2109 M Street Northwest, Washington).

Ben' Chili Bowl is a must visit - see my post from October 2009 - and Chef Geoff has a wonderful jazz brunch - at which I have celebrated a couple of birthdays.

The city is full of interesting Monuments - I've often stood at the side of the Washington Monument (see video) but have never been up. Each time I visit I say I will - after the earthquake - I'm not going to put it off again (assuming it has reopened). A dramatic video of the earthquake seen from inside is available here - nothing happens for quite a while - and then!

Both the Jefferson Memorial and the Lincoln Memorial are inspirational. I always visit the graves of the Kennedy's, but Arlington Cemetry itself is a very special place.

As I wrote in February 2009 -

"There is so much history there - if you stand at the base of the Washington Monument you can see - just by moving your eyes, not even your head - the White House; Congress; the Lincoln Memorial and Arlington Cemetery. Scenes of some of the most important events in our lifetimes. A visit to see the Senate and the House of Representatives is a must! Thanks to my friends I have become interested in the US Civil War - and as well as researching the role of the Committee on the Conduct of the War during one of my visits - most of the key battlefields are within easy driving distance.

For more information on visiting the area go to

http://www.washington.org/;
http://www.washingtonpost.com/wp-srv/travel/visitorsguide/whattosee.htm;
http://www.thedistrict.com/index.htm
http://www.wmata.com/

An interesting Legislative History

2011-12-13T08:58:00.000Z

Last night I received this email as a member of APSA's Legislative Studies Section - and I thought it might be of interest

I'm happy to post the message below at the request of Prof. Arthur Hellman (law, Pittsburgh), who thought legislative studies scholars might be interested in what he has to report. Like a relatively recent previous post, this concerns statutes involving court jurisdiction, not exactly the sort of thing that legislative studies scholars usually study, but what Prof. Hellman has to say about the process involved makes it very relevant, and it expands as well the topics at which we look. Prof. Hellman modestly fails to point out that this is the second time this year in which legislation containing some of his ideas has been enacted; most of us would feel fortunate to have that happen once in our lifetime. If you wish further details or havequestions for Prof. Hellman, e-mail him at hellman@pitt.edu.

Thanks.
Steve Wasby

(Stephen L. Wasby, professor emeritus, University at Albany; residing at Eastham, Mass.)

* * * * * * * * *

President Obama has just signed H.R. 394, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA). The new law – officially Pub. L. No. 112-63 – embodies the most far-reaching package of revisions to the Judicial Code since the Judicial Improvements Act of 1990. The amendments deal primarily with removal and venue. From a legislative studies perspective, the bill’s greatest interest may lie in its long and convoluted history and particularly in the unconventional process that shaped its final content. It’s also noteworthy that the new law is the product of a collaboration between Congress and the Federal Judiciary.

The bill was sponsored by Rep. Lamar Smith, the Chairman of the House Judiciary Committee, but it was largely drafted by a committee of the Judicial Conference of the United States. The history is nicely summarized on pp. 2-3 of the House Judiciary Committee Report (linked below). The following are some highlights of the legislation, which will apply to newly filed actions starting 30 days after enactment.

-- The Act revises the statutory provision dealing with the removal of civil actions that include both federal and unrelated state claims. To protect the defendant’s right to remove the federal claims – and to avoid constitutional problems that some courts have perceived – the new provision requires severance and remand of claims not within the original or supplemental jurisdiction of the district court.

-- The Act codifies the judicially created “rule of unanimity” for removal in cases involving multiple defendants and gives each defendant 30 days to initiate removal. This resolves resolving a longstanding conflict in the lower courts over the deadline for removal when different defendants are served at different times. (Within the last year, three circuits have issued published opinions on the question, dividing two circuits to one.)

-- It resolves several issues relating to the determination of the amount in controversy when the defendant removes a civil action based on diversity.

-- It adopts a carefully-crafted “bad faith” exception to the statutory provision prohibiting removal of a diversity case more than one year after filing.

-- It completely rewrites the statute's venue chapter, finally abolishing a the hairsplitting distinction between backup venue in diversity and federal-question cases and also doing away with a separate provision dealing with “local” as opposed to “transitory” actions. It will be of interest to political scientists that this change partially abrogates the Supreme Court decision in Hoffman v. Blaski, 363 U.S. 335 (1960), by authorizing transfer of venue to a district where the action could not have been brought initially, as long as all parties consent.

-- As to the original jurisdiction of the district courts, the Act revises the resident-alien proviso to avoid the interpretative and even constitutional problems generated by the current language, added by a 1988 amendment to the Judicial Code. With unusual candor, the House Judiciary Committee Report acknowledges that the purpose of the vetting process in the latter stages of the bill’s evolution was “to identify and delete those provisions that were considered controversial by prominent legal experts and advocacy groups.” I particularly regret the deletion of two provisions that would have allowed a plaintiff to avoid removal based on diversity by filing a “declaration” (i.e. stipulation) reducing the amount in controversy below the statutory minimum, now $75,000. One of the provisions would have applied in state courts to forestall removal; the other would have operated in federal courts to encourage remand. Perhaps these provisions will resurface in future jurisdictional legislation.

For those who are interested in the technicalities of legislation: Final passage of H.R. 394 was delayed by the need to resolve a conflict with the “Holmes Group fix” enacted as part of the Leahy-Smith America Invents Act (AIA) that President Obama signed in September. The AIA added a new section 1454 to Chapter 89 authorizing removal of state-court actions involving patent and copyright claims. H.R. 394 also added a new section 1454, this one specifying the procedure for removing criminal cases.
(The contents of the new section are currently included in section 1446.) A Senate amendment to H.R. 394 changed the number of the criminal removal section to 1455. Link to House Report on H.R. 394:
http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt10/pdf/CRPT-112hrpt10.pdf

Life in the UK - The Book

2011-12-12T05:04:00.001Z

The current edition of "Life in the United Kingdom: A Journey to Citizenship" applies from April 2007. The tests are only based on chapters 2 to 6 (I've highlighted them below in bold).

The stucture

Chap 1 - The Making of the UK: a brief history of the lands which today make up the UK

Chap 2 - A Changing Society: looks at how UK society is changing as a result of immigration; the changing role of women and the growth of a new generation.

Chap 3 - UK Today: A profile: looks at population; the nations and regions; religions and some customs and traditions.

Chap 4 - How the United Kingdom is governed: deals with the institutions encompassed by 'the British Constitution' and relations with the rest of the world.

Chap 5 - Everyday Needs: a brief overview of how everyday needs - Housing; services in and for the home; money and credit; health; education; Leisure; travel and transport - are delivered.

Chap 6 - Employment: overview of how it is looked for and summary of main employment laws.

Chap 7 - Knowing the Law: an introduction to the legal system and rights and duties not covered in earlier chapters.

Chap 8 - Sources of Help & Information: useful quick guide

Chap 9 - Building Better Communities: a brief guide to the contribution that individuals can make to improving life in Britain.

The British Citizenship Test

2011-12-10T05:09:00.007Z

In order to acquire British citizenship and settle in the UK permanently, it is now necessary to pass the "British Citizenship test". This is a 24 multiple choice test (the questions are randomly selected by computer) and 18 questions must be answered correctly in order to pass (75%). A book "Life in the United Kingdom: A Journey to Citizenship" is the basis for the test. Officially produced materials are available from The Stationery Office.

There is, for £3.99 "The Official Life in the UK Test" app available (press here).
Of course, if you were born a British citizen - then you NEVER have to take the test. I guess it's true of many countries - often citizens by choice know more about the country - and how its government works - than many who are entitled to citizenship by birth and who have always lived here. My fear is that in the UK ignorance of our system is regarded as both acceptable - and even taken pride in. (As a political campaigner I've heard so many times the comment "I don't know anything about politics" - often accompanied by a look that implies - "and I couldn't give a ****"). Who benefits from this rejoicing in ignorance? Not the individuals who express it - but it's useful for politicians and the others who actually get to exercise power. If people knew, they might be less willing to put up with what is done in their name.

An attempt was made to encourage the teaching of citizenship in schools. It became a statutory part of the 11-16 curriculum - but that is now under review by the Government. There are many concerns about its future. (For further information see here).

Are you British? How would you fare on the test? Try it here

Over the coming weeks I will be exploring some of the topics in the Life in the 'United Kingdom: A Journey to Citizenship book'

How much does a Parliamentary Question cost?

2011-12-09T05:08:00.021Z

As a former Organisation & Methods Analyst, I approach giving a figure with a certain amount of trepidation. Costing involves calculations based on certain assumptions. It needs to take into account the costs of the individual(s) involved's time to do the work and the costs of the infrastructure needed for the task to be accomplished. I used to be horrified when colleagues would propose "savings" of millions of pounds based on eliminating a handful of steps in a procedure carried out in all our branches. The savings were illusory - the employees worked the same hours and received the same annual income - AND new costs might arise from not doing those steps, or from new steps or procedures which might become necessary. Risks of things going wrong might arise - but the bland claim of "savings" was still made. (and when I was a Councillor, I found that the same thing happened - claims of savings were made - but the inevitable costs (and few of them were truly 'unforeseeable consequences') were not mentioned.

So do take with a pinch of salt the claims that the average cost of written answers is £149 and £410 for an oral question. The figures include an element which would be paid whether there were few or many questions.

But, however the cost is calculated, it is true that dealing with and answering questions is expensive. Whoever said that democracy and accountability comes cheaply. We would be better concentrating upon the quality (in terms of usefulness of the information provided and scrutiny achieved) than on relatively meaningless headline "costs".

Europe

2011-12-08T09:58:00.000Z

Last night I enjoyed watching the "Party Games" episode of "Yes Minister" (the Christmas Special of 1984 - in which the climax is the phonecall that confirms that he is to be the new Prime Minister.)Well worth buying the complete set of 'Yes Minister' and 'Yes, Prime Minister' (a much better guide to how British politics and government works than many textbooks on the subject!)

In this episode in order to gain popularity he misrepresents a European Directive - and promises to stand against it. It's a tool that 'Yes Minister' was satirising 27 years ago - and is still a staple part of the British political scene. (Just look at the media & parliament in the last few days as we approach the European Summit.)

It is an effective technique (and I'm sorry to say even some pro-Europe politicians have used it for short term gain) - but has unfortunate consequences. Euroscepticism has flourished - and misunderstandings about the EU (the classic is the confusion between the EU Court of Justice and the European Court of Human Rights - which as a law lecturer I have to deal with frequently.)

I recently made a complaint to the BBC about a short item on the Steve Wright Show in which Dr Hilary Jones had attacked the an "EU directive" (and Steve Wright had joined in)

My complaint read:

Complaint Summary: Dr Hilary Jones' comments on EU (1 hr 39 mins)

Full Complaint: Yet another euromyth is being repeated by an "expert" on the BBC. In responding to a tabloid story about water Dr Jones stated "The EU directive is complete nonsense, it is absolute madness" The listening public might assume that this was a considered opinion based on reading the report. This would not appear to be the case. It is no wonder that people have a poor view of the EU. My concern is that inaccurate descriptions and glib uninformed remarks have political consequences. Our national dialogue about the EU ang government in general is being corrupted by this sort of nonsense which you have broadcast. The Regulation in question can be accessed at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:299:0001:0003:EN:PDF Further background can be found at http://www.guardian.co.uk/science/the-lay-scientist/2011/nov/18/1?newsfeed=true

I received this response yesterday

Dear Mr Morgan

Reference CAS-1118986-L5VWYF

I have listened to the Steve Wright Show and the comments you have raised.

The item was slightly tongue-in-cheek but was based on an EU report designed to prevent commercial bottlers from profiting from claims. The BBC did not report the story although the Daily Telegraph did:
http://www.telegraph.co.uk/news/worldnews/europe/eu/8897662/EU-bans-claim-that-water-can-prevent-dehydration.html

The Telegraph has its own standpoint on Europe of course, but the angle they took is interesting. Clearly story headline is designed as an attention grabber.

In listening back I think the light-hearted tone was appropriate (this is an entertainment programme) and was not misleading as they did mention the commercial angle which the report and ruling were designed to address. However, taken at face value it does seem to be a report that would naturally attract ridicule. Although there is no anti-EU bias that I am aware of, I will pass your comments to the producer so that he is reminded that we do need to maintain balance, especially at the moment.
Lord Reith's aim was that the BBC should to "educate, inform and entertain" - do they have the balance right today? In "Yes Minister" they exposed the deliberate misrepresentation of European affairs as a political strategy, today are they pandering to it?

Update on LASPO

2011-12-07T05:06:00.001Z

This blog has been following the Legal Aid; Sentencing & Punishment of Offenders Bill in the House of Lords. The committee stage will begin just before the House breaks for the Christmas Recess. As amendments are submitted for consideration (and unlike the House of Commons where the selection of amendments for debate is a matter for the Speaker or the Chairman presiding over that Public Bill Committee - all amendments can be discussed - though by mutual consent they may be put together in group of similar amendments and debated together) - they are listed under Amendment papers (here).

It's worth reading through some of the amendments. In order to see how they make changes - you will need to download a copy of the Bill (download here)

Amendments make reference to clauses - these are the main building blocks of a bill (and become "Sections" when the bill becames an Act of Parliament.

For example clause 27 is preceded by

27 Position of providers of services

On the right hand side of the page are numbers (5, 10, 15....). These are the line numbers.

So to find The following amendment -

Clause 11

LORD BACH
LORD BEECHAM
Page 8, line 18, leave out “may” and insert “must”

Go to page 8 of the bill - and on line 18 (which is in clause 11) the word currently in the bill is "may", Lord Bach & Lord Beecham which to delete the word may (which gives a discretionary power) and replace it by "must" (an obligation)

Mind Mapping

2011-12-06T05:02:00.004Z

During the "revision season" for my W200 and W201 Open University, I extolled the advantages of Mind Maps and used them to illustrate some key revision topics. I will be doing the same in the New Year when the courses begin for 2012.

If you are going to be a student next year (or continuing your studies) - it's worth considering now whether they would work for you.

I wrote in August "I have MindMaps loaded on my home PC and on my iPad.

It may work for you - it may not. Each of us has our own learning style. For me it works - and works VERY well. In fact I am now using my computer mindmaps to draw together the research I have collected - as I write up my thesis for my Ph.D. So I have quite detailed MindMaps for each of the Congresses and Parliaments since 1974 - and for each of the Chief/Majority Whips; and for the key theories I have been using and developing. It has made the process of writing up so much easier for me. I also find it an invaluable "thinking device".
Previously, I found them most useful for exam revision - thankfully I'm not facing any exams in the near future - but if you are - or you have a friend who is - then it's worth considering whether Mind Maps can help."

For further information - and a free trial press here.

The Daily Digest

2011-12-05T08:49:00.000Z

If you thought that reading Hansard took a long time - try the Congressional Record. Not only does it record what was actually said - but Members can have "Extensions of Remarks" inserted - allowing them to put on record reports, letters, books - in fact anything they want.

However help is at hand if you want a summary of what was done on a particular day - and what is coming up. Each sitting day (and remember that the House of Representatives and the Senate do not necessarily sit on the same days) the Daily Digest is produced. It can be read in PDF format (which I find very useful).

The Digest sets out, for each chamber, a summary of "Chamber Action" and "Committee Meetings" - references to the page numbers in the Congressional Record are given. When available, details of "Next Meetings" are given.

Second Reading

2011-12-02T05:03:00.012Z

Further information and a video of a second reading can be found here.

Prelude to the Magna Carta

2011-12-01T05:21:00.001Z

On Tuesday I was able to spend a day in the beautiful and historic Bury St Edmunds. If you are in the area, it is well worth a visit. It has that lovely "olde Englishe towne" feel (plus a Starbucks!).

On November 20th 1214 (according to Roger of Wendover), a number of the Barons met in the Abbey Church and swore an oath to force King John to sign a charter of Liberties - which they did a few months later on the banks of the River Thames at Runnymede. An oath was taken at the High Altar next to the shrine of St Edmund (who was at the time recognised as the patron saint of England - he was replaced by St George less than 6 years later). Archbishop Stephen Langton (Archbishop of Canterbury) administered the oath.

The Abbey and the many monastic houses that surrounded it are now in ruins - but they can be visited in the Abbey Gardens adjacent to the current Cathedral. Historical details can be found here.

A map of historic Bury St Edmunds can be accessed here and a virtual tour of the town is here.

Watling Street

2011-11-30T05:09:00.002Z

This blog is often written at my home in Furzton, an area of the "New" City of Milton Keynes. (Some posts are written while I'm working away (for example the video posted yesterday was recorded whilst away just outside St Neots in Cambridge) or from Westminster.

While MK is a new city, in the sense that it is England's newest, and completely planned, city - it was formally designated as a "new town" on January 23rd 1967 - and has grown to 245,000 (2011 estimate) - it includes many sites of historic interest. Click here to see the Washminster post on the Roman Villa at Bancroft (very close to the "concrete cows").

Furzton is bordered by Watling Street - perhaps the most most important Roman road in England. It ran from the ports in Kent to Londinium (London) to Wroxeter on the border with Wales. Late it became the main route to Ireland - ending at Holyhead. Most of the route is now the A5.

In the Borough of Milton Keynes the main Roman settlement on Watling Street was Magiovinium, just to the south of Fenny Stratford - where the River Ouzel crosses Watling Street. (the garden centre Dobbies is on part of the site). The route (which of course, being a Roman road, was straight) goes in a north westerly direction until the crossing of the Great Ouse at Stony Stratford. This was itself to become an important centre in English history (Richard III - when he was Duke of Gloucester - intercepted and took into "protective custody" his 12 year old nephew, Edward V - at a inn in the town - the Rosé and Crown)

However, the town is of Saxon origin. Roman remains discovered north of the river suggest that "Old Stratford" (in Northamptonshire) was an administrative post on the ford across the Great Ouse. When England was split between an English Kingdom and Danelaw (Treaty of Alfred and Guthrum c 878) - the border was the Great Ouse from Bedford until Stony Stratford, whereupon Watling Street became the border (going northwards).

The Loughton Brook crosses Watling Street close to what is now Furzton Lake. I am trying to ascertain whether this is Harford Bridge - which appears on page 52 in "Britannia Depicta" of 1720. Any assistance would be appreciated (please email - friend@washminster.com)

First Reading

2011-11-29T05:03:00.001Z

The series on how law is made in the UK moves to the introduction of a Bill to the House of Commons.

Bills can also start their parliamentary progress in the House of Lords. That procedure will be looked at in a later video.

Previous videos in the series are

Introduction to the series
Getting on the Agenda
Before Introduction

A video on 1st Reading can be accessed here.

Online access to (sometimes ancient) Hansard

2011-11-28T05:07:00.003Z

Lord Hennessy of Nympsfield (a greatly respected historian) put done the following written question which was answered last week -

To ask the Chairman of Committees "what assessment he has made of the possibility of providing greater electronic access for the public to historic Hansard data on Millbank Systems' experimental web domain; what plans have been made to host the information on the parliamentary website; and what steps are being taken to digitise data that are not currently available on the experimental website." [HL13352]

The Chairman of Committees (Lord Brabazon of Tara): "The Historic Hansard web pages and search engine are hosted on Millbank Systems' web domain on behalf of Parliament and are available to all users of the web. The service is supported on a "best endeavours" basis. PICT and staff from the departments of Information Services of both Houses are currently investigating the options for maintaining and enhancing the current service, and for placing the technical support arrangements on a more sustainable footing. Work is also under way to safeguard the Historic Hansard XML data and page images through the digital preservation project, which is led by the Parliamentary Archives. One of the options under consideration for Historic Hansard would involve integrating the historic web pages with the archive of more recent Hansard material on the website and enabling users to browse and search across the full Hansard record in a more seamless fashion. The timescales, benefits and costs of that approach are being assessed. This project, along with others, has been included in a digitisation programme, which will review requests to digitise parliamentary material currently only available in hard copy. Digitised content from these projects will be added to the main parliamentary website or through partnership websites so that it is easier for users to access the material. More information about the various projects included in this programme of work will be published on the intranet in due course."

I should like to commend and recommend the website - I have used it extensively for my own research (particularly for my current work on whips - and for the paper I wrote for the last Wroxton Conference
(9^th Workshop of Parliamentary Scholars & Parliamentarians) "The First Labour Group in the House of Lords, 1924").

It can be accessed at http://hansard.millbanksystems.com/

Thanksgiving Holiday

2011-11-23T08:42:00.000Z

Washminster will be taking an extended Thanksgiving break - and will return on Monday. In the meantime do feel free to explore "Washminster's archives" - posts go back for over four and a half years - and can be accessed through the search facility on the right - or below that by browsing through the Blog Archive.

You might want to visit earlier Thanksgiving postings such as

2009 - The British roots of Thanksgiving
2007 - Pardons and 2010 more on pardons of turkeys

Best wishes

David

Yesterday in Parliament

2011-11-22T06:07:00.000Z

I spent many hours yesterday watching proceedings in the House of Lords from the public gallery. Before we were admitted the Lord Speaker's Ceremony took place where she was escorted from her rooms at the southern end of the Palace through Princes' Chamber; along the "Not Content" Lobby (Votes are taken in what is normally a corridor) into the Peers Lobby and finally into the Chamber where she took her seat. Visitors were then escorted from the Peers Lobby upstairs - but we were not admitted until prayers had been completed. In the Westminster Parliament, only Members and certain officials are allowed in while prayers are in progress. Finally we were allowed into the gallery - and Question Time began.

In the Commons questions are directed at Ministers from a specific Government Department. In the Lords they are to "the Government". Thirty minutes are set aside for oral questions. Four Members get to put a question which has been submitted in advance. The Minister's initial reply must be in less than 75 words. Then supplementaries begin - first from the person who had put down the initial question - then from others. After seven or eight minutes (or less if there are no further Peers wishing to ask a supplementary) the next question is taken.

There was a small amount to business to be dealt with before the big debate of the day began. Yesterday it was the Second Reading of the Legal Aid; Sentencing and Punishment of Offenders Bill. My post of last Wednesday has the background to this controversial bill.

It is well worth watching or reading the debate - particularly if you are a law student - but also if you are a citizen. There are many important issues involved - and at its heart, the importance of the ability to enforce rights. Magna Carta was quoted (and in the chamber statues of the Barons who forced King John to sign that groundbreaking document, look down upon proceedings). Many references were made to Lord Bingham's excellent book - "The Rule of Law".

The committee stage of the Bill will start soon - and I'll be reporting from it for Washminster.

The Week Ahead

2011-11-21T05:03:00.004Z

It's going to be quite a week politically.

The "Super Committee" tasked with coming up with an agreement to reduce the US budget deficit must act this week- the deadline is on Wednesday (the day before the Thanksgiving Holiday). In order for congressional action - the real deadline is today.

The Guardian was reporting last night -

"The bipartisan committee tasked with reducing America's $15tn (£9.5tn) budget deficit looks close to admitting defeat as its deadline looms.
The committee, created in August, has until Wednesday to report a plan to cut $1.2tn from the nation's deficit. Failure to do so will trigger automatic cuts to defence and social welfare programmes starting in 2013."

In the UK the controversial Legal Aid, Sentencing and Punishment of Offenders Bill will come up for Second Reading in the House of Lords today. As I will be down in Westminster all day - it is unlikely that I will be able to update Washminster during the day. When I can - I will tweet on WM_Alert. US news can be followed on Politico and RollCall .

The agendas for the following week are available for

Westminster Parliament
Assemblee nationale, France (from p2)
House of Representatives, USA

Basil D'Oliveira

2011-11-20T05:36:00.006Z

Yesterday we learnt that the cricket player, Basil D'Oliveira had passed away at the age of 83. I remember watching him as a youngster who frequently spent much of his summer at Edgbaston Cricket Ground. At that time he was still playing county cricket for Worcestershire. He was a superb player - but was also renowned as an individual who played an important role in the battle against Apartheid in his native country of South Africa.

The BBC Obituary reads -

"Born in South Africa, he moved to England in 1960 because of to the lack of opportunities for non-white players.

In 1968 he was named in England's squad to tour South Africa which was then cancelled as the ruling National Party refused to accept his presence.

D'Oliveira played county cricket for Worcestershire between 1964-80 and represented England in 44 Tests, scoring 2,484 runs at an average of 40.

The headlines made by D'Oliveira in 1968 marked the start of South Africa's sporting isolation.

After being added to the England squad as a replacement for the injured Tom Cartwright the South African government made it clear a 'Cape coloured' would not be welcome.

The tour was called off and the incident culminated in a ban on sporting ties with South Africa which would last until the early 1990s. No official team from any country subsequently toured South Africa until apartheid was abolished following Nelson Mandela's release from prison in 1990."

conservatism

2011-11-19T05:10:00.004Z

Personally, one of my favourite speeches is that made by Tony Blair in 1999 - the so called "forces of conservatism" speech, in which he said:

"For the 21st century will not be about the battle between capitalism and socialism but between the forces of progress and the forces of conservatism.

They are what hold our nation back. Not just in the Conservative Party but within us, within our nation.

The forces that do not understand that creating a new Britain of true equality is no more a betrayal of Britain's history than New Labour is of Labour's values.

The old prejudices, where foreign means bad.
Where multi-culturalism is not something to celebrate, but a left-wing conspiracy to destroy their way of life. Where women shouldn't work and those who do are responsible for the breakdown of the family.
The old elites, establishments that have run our professions and our country too long. Who have kept women and black and Asian talent out of our top jobs and senior parts of Government and the Services. Who keep our bright inner city kids from our best universities. And who still think the House of Lords should be run by hereditary peers in the interests of the Tory Party.

The old order, those forces of conservatism, for all their language about promoting the individual, and freedom and liberty, they held people back. They kept people down. They stunted people's potential. Year after year. Decade after decade."

So what explains the strength of "conservative" ideology? - and neither I, nor Blair, mean it in the narrow sense of the British Conservative Party. It was rampant in the Russian Communist Party, in some Trade Unions - and in organsations who called themselves progressive. It's a mindset which seeks to protect what existed in the same - at, some argue, the expense of the future.

C-SPAN recently broadcast a very interesting programme in which Corey Robin discusses the nature and history of conservatism. It's a thought provoking programme - I've already listened to it twice. Please do send me YOUR comments (jdavidmorgan@googlemail.com)

The broadcast can be watched here.

English in the European Parliament

2011-11-18T05:05:00.005Z

The Open University have produced this video about the use of the English language in the European Parliament.

This is one of the many videos that they make freely available at their OULearn Channel site. The English Language website of the EP is available here - with links to members; current legislation and other activities of the Parliament.

The Conquest

2011-11-17T05:07:00.022Z

Last Saturday I went down to London - both to go to a concert which was part of the London Jazz Festival (a recording of "Jazz Line Up" - available in the UK, at least, until Sunday here) and to watch the French film "La Conquete" at Cine Lumiere in Kensington.

The film is about Nicolas Sarkozy's road to the Elysee Palace. I thoroughly recommend watching it - it has excellent portrayals of President Chirac; Dominique de Villepin and Nicolas Sarkozy - and is a great primer for the Presidential election which draws ever closer.

(This is the version with English Subtitles - but the VO is also available on Amazon)

Legal Aid, Sentencing & Punishment of Offenders Bill

2011-11-16T05:01:00.038Z

This controversial, and far reaching bill, is due to have its Second Reading on Monday (21st November). There are a number of concerns about the effects of measures in the Bill. Below are a number of links to the Bill and reports about its repercussions.

The Bill
Explanatory Notes to the Bill

Justice for All Briefing
SCOPE Report - Legal Aid in Welfare
Law Society - on the costs of the "savings"
Rights, Welfare & Law. Legal Aid Advocacy in Austerity Britain by Prof. Deborah James & Dr Alice Forbess (LSE)
Law Centres Federation
Article from Law Society Gazette on proposed MANDATORY telephone gateway for civil legal aid.
National Accident Helpline Briefing on Referral Fees

Prayers in the House of Lords

2011-11-15T05:15:00.014Z

Once the Lord Speaker has arrived upon the Woolsack at the start of business in the House of Lords, Prayers are said by one of the Church of England Bishops. Unlike the US Congress, these are said only before Members and certain officials - the public may not come in to the galleries until they are finished - and they are not made up on the day. The Companion lays down what is said

One of the following:

Psalms 1, 15, 24, 34 (vv. 1-8), 46, 66 (vv. 1-14, 18), 67, 93, 95 (vv. 1-7), 100, 111, 112 (vv. 1-6), 119 (vv. 33-40), 121, 145 (vv. 1-6 and 21).
The Lord be with you.
And with thy Spirit.
Let us pray.

Lord, have mercy upon us.
Christ, have mercy upon us.
Lord, have mercy upon us.

Our Father, which art in Heaven, Hallowed be Thy Name. Thy Kingdom come. Thy will be done, in earth as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive them that trespass against us. And lead us not into temptation; but deliver us from evil. For thine is the kingdom, the power, and the glory, for ever and ever. Amen.

O Lord our heavenly Father, high and mighty, King of kings, Lord of lords, the only Ruler of princes, who dost from thy throne behold all the dwellers upon earth; most heartily we beseech thee with thy favour to behold our most Gracious Sovereign Lady Queen Elizabeth; and so replenish her with the grace of thy Holy Spirit, that she may always incline to thy will, and walk in thy way: Endue her plenteously with heavenly gifts; grant her in health and wealth long to live; strengthen her that she may vanquish and overcome all her enemies; and finally after this life she may attain everlasting joy and felicity, through Jesus Christ our Lord. Amen.

Almighty God, the Fountain of all Goodness, We humbly beseech thee to bless Philip Duke of Edinburgh, Charles Prince of Wales and all the Royal Family: Endue them with thy Holy Spirit; enrich them with thy Heavenly Grace; prosper them with all happiness; and bring them to thine everlasting kingdom, through Jesus Christ our Lord. Amen.

Almighty God, by whom alone Kings reign, and Princes decree justice; and from whom alone cometh all counsel, wisdom, and understanding; we thine unworthy servants, here gathered together in thy Name, do most humbly beseech thee to send down thy Heavenly Wisdom from above, to direct and guide us in all our consultations; and grant that, we having thy fear always before our eyes, and laying aside all private interests, prejudices, and partial affections, the result of all our counsels may be to the glory of thy blessed Name, the maintenance of true Religion and Justice, the safety, honour, and happiness of the Queen, the publick wealth, peace and tranquillity of the Realm, and the uniting and knitting together of the hearts of all persons and estates within the same, in true Christian Love and Charity one towards another, through Jesus Christ our Lord and Saviour. Amen.

Prevent us, O Lord, in all our doings, with thy most gracious favour, and further us with thy continual help, that in all our works begun, continued, and ended in thee, we may glorify thy Holy Name, and finally by thy mercy obtain everlasting Life, through Jesus Christ our Lord. Amen.

The Grace of our Lord Jesus Christ, and the love of God, and the fellowship of the Holy Ghost, be with us all evermore. Amen.

Student Fees (UK)

2011-11-14T05:08:00.028Z

Many prospective university students are concerned about the hike in university fees from September 2012 - and many myths have circulated. Below is some information reproduced from the Independent Taskforce on Student Finance Information. It may be of use to you (as a pros[pective student or a parent) - or you may know someone who might find it useful - please do share this.

Repayment Calculator

You Can Afford to Go To Uni - Student Guide

How to answer questions about Student Finance 2012 - Teachers' Guide

Eugene V Debs

2011-11-13T05:15:00.001Z

This week I've been listening to the C-SPAN podcasts of their series "The Presidential Contenders". One character that particularly interested me was Eugene V Debs - who ran for the presidency as a third party candidate in 1900, 1904, 1908, 1912 & 1920. The programme makes the point that though he didn't succeed at the polls, he was a major influence on US politics - and in bringing issues to the forefront of public debate.

The Eugene V Debs Foundation has an extensive website at http://debsfoundation.org/, which has some interesting background and details of books about him.

On another website there are a collection of quotes from him - these include:

"The issue is Socialism versus Capitalism. I am for Socialism because I am for humanity. We have been cursed with the reign of gold long enough. Money constitutes no proper basis of civilization. The time has come to regenerate society — we are on the eve of universal change."

"Those who produce should have, but we know that those who produce the most — that is, those who work hardest, and at the most difficult and most menial tasks, have the least."

"The Republican and Democratic parties, or, to be more exact, the Republican-Democratic party, represent the capitalist class in the class struggle. They are the political wings of the capitalist system and such differences as arise between them relate to spoils and not to principles."

"Ignorance alone stands in the way of socialist success. The capitalist parties understand this and use their resources to prevent the workers from seeing the light.Intellectual darkness is essential to industrial slavery."

The Video can be watched at http://www.c-spanvideo.org/program/DebsP .

Addresses to the Crown

2011-11-12T05:07:00.001Z

In the words of "The Companion" (to the Standing Orders and Guide to the Proceedings of the House of Lords) "The ordinary method by which the Houses communicate with the Sovereign is by Address".

"The most common form of Address occurs at the beginning of every session in reply to the Queen's Speech. Other forms of Address are those requesting the Queen to make an Order in Council in the form of a draft laid before the House or praying the Queen to annul a negative instrument. There has been an Address for the exercise of the prerogative of mercy. There are also Addresses of condolence or congratulation to the Sovereign on family or public occasions. An Address may also be presented in response to a Royal Message, concerning for example the Civil List or the declaration of a State of Emergency." (Companion 2.23)

These addresses are presented either by Privy Counsellors or members of the Royal Household (Most, but not all Whips are members of the Royal Household - The Deputy Chief Whip in the Commons is the Treasurer of the Household; while the number three and four in the Government Whips Office in the Commons hold the position of Comptroller and Vice-Chamberlain. Government whips in the Lords are also members of the Royal Household.)

Legal Privilege and Parliament

2011-11-11T20:56:00.001Z

Lawyers; Law Students and followers of Parliament may find the following exchanges interesting.

The transcript is available here.

The letter from Dave Hartnett, Permanent Secretary for Tax referred to - which puts HM Revenue & Custom's view on the disclosure of taxpayer confidential information to a Parliamentary Committee is available here.
Any comments would be welcome.

Before Introduction

2011-11-11T05:07:00.024Z

The third video in the series "How Law is made in the UK". Excellent companions to this video include

Section A & Section B of The Cabinet Office's "Guide to Making Legislation"
The Hansard Society's "Law in the Making" - which sets out some case studies of legislation. (available from the Hansard Society here
Green Papers explained: http://www.parliament.uk/site-information/glossary/green-papers/
White Papers explained: http://www.parliament.uk/site-information/glossary/white-paper/

Parliamentary Reform

2011-11-10T05:02:00.002Z

Last Thursday I attended a "Parliament Week" event at the Guildhall. It was addressed by the Speaker of the House of Commons, John Bercow. Further speeches were made by Lord Hennessy of Nympsfield (Peter Hennessy, the historian); Lord Desai (Meghnad Desai, Economist) and Michael Cockerell (Journalist and Documentary Maker - The Great Offices of State; The Secret World of Whitehall).

Questions were taken (mine is at 59 mins 50 secs to 1 hr 00 mins 25 secs - I was deliberately provocative - but the point remains, the Lords is very limited in its ability to effectively challenge the Government of the Day).

The BBC Parliament broadcast can be accessed at http://www.bbc.co.uk/i/b0170435/

Privy Counsellors

2011-11-09T05:03:00.002Z

I've recently been asked questions, to which the answer is "Privy Counsellors". (see the post on 5th November - "who is entitled to sit on the steps of the Throne in the House of Lords?"; and the other question is "who is referred to as as "Right Honourable?").

So what is a Privy Councillor? The immediate answer is "a member of the Privy Council". Senior Ministers (and often senior backbenchers - such as long standing Chairs of select committees) are given membership. There is also the Judicial Committee of the Privy Council which is the court of final appeal for the UK overseas territories and Crown dependencies, and for those Commonwealth countries that have retained the appeal to Her Majesty in Council or, in the case of Republics, to the Judicial Committee.

There is an excellent description of the Privy Council; its history and its membership at http://privycouncil.independent.gov.uk/privy-council/privy-council-members/

Parliament Act 1911

2011-11-08T05:20:00.001Z

Last week I attended the History of Parliament lecture given by Lord Norton of Louth (Philip Norton) "Resisting the Inevitable? The Parliament Act 1911". It was a very informative and interesting speech - which is available on BBC iPlayer at http://www.bbc.co.uk/i/b0170422/.

Can I also recommend taking a look at the History of Parliament website, and at Parliament's webpages with resources on the 1911 Act.
(http://www.parliament.uk/about/living-heritage/evolutionofparliament/houseoflords/parliamentacts/)

Lord Norton blogs on both the Lords of the Blog and his own personal blog.

Laying Down the Law

2011-11-07T05:05:00.012Z

Daniel Greenberg, a Parliamentary Counsel (1991-2010), has written - and Sweet & Maxwell have published "Laying Down the Law" - a very useful detailed guide to how legislation is put together in practice. It would make a useful companion to my current series on How Law is Made in the UK, should you wish to have a much more detailed text.

Birmingham's contribution to Extending Democracy

2011-11-06T15:35:00.003Z

Yesterday, my daughter and I travelled to Birmingham for one of the out-of-London events for Parliament Week. The Archives & Heritage team within Birmingham Central Library had organised a "Right to Vote Walk" around Birmingham. It was an excellent morning - full of some very interesting places.

Don Hazzard, a historian, gave a fascinating tour of places associated with the campaigns for votes. The Chartists were very active in Birmingham, as were the Suffragettes. We learned about the incredible Thomas Attwood, a local man who was a far-sighted economist and political reformer - and later MP for Birmingham. He was arguing after the Government slashed spending post-the Napoleonic Wars - that such a policy was short-sighted and would lead to greater economic distress. He urged spending to promote a virtuous circle - creating wealth rather than destroying it. As a political reformer he sought the extension of the franchise (sad that in both the UK and the USA there are today, those trying to recreate barriers to voting). The whole morning was a reminder of the great reforming tradition in England (British History isn't just Kings, Military battles and a sanitised version of progress towards Democracy - people had to fight for the freedoms we enjoy today). We also heard about John Bright - another great reformer. He too served as a Birmingham MP.

The picture accompanying this post is of a plaque which is part of a walk around the city's Jewellery Quarter (for more information on this go to - http://bobmiles.bulldoghome.com/pages/bobmiles_bulldoghome_com/index.htm

There is a slight historical inaccuracy - the Chartists actually were later than this incredible mass meeting (just look at the numbers!) - but, the same individuals were involved.

Thanks again to Don Hazzard and Nikki Thorpe from the Archive section of the Central Library for an excellent tour.

The Steps of the Throne

2011-11-05T05:06:00.016Z

If you watch broadcasts of the House of Lords - you may see individuals sitting on the steps of the throne. Often these are Peers who wish to listen to a debate - but don't want to participate (Technically the steps are not part of the House for the purposes of proceedings).

The Companion to the Standing Orders (referred so simply as "The Companion") sets out who is entitled to sit on the steps -

· members of the House of Lords in receipt of a writ of summons, including those who have not taken their seat or the oath and those who have leave of absence;

· members of the House of Lords who are disqualified from sitting or voting in the House as Members of the European Parliament or as holders of disqualifying judicial office;

· hereditary peers who were formerly members of the House and who were excluded from the House by the House of Lords Act 1999;

· the eldest child (which includes an adopted child) of a member of the House (or the eldest son where the right was exercised before 27 March 2000);

· peers of Ireland;

· diocesan bishops of the Church of England who do not yet have seats in the House of Lords;

· retired bishops who have had seats in the House of Lords;

· Privy Counsellors;

· Clerk of the Crown in Chancery;

· Black Rod and his Deputy;

· the Dean of Westminster.

Making Data Understandable

2011-11-04T05:05:00.002Z

As you may know, I have a particular interest in political communication. (both as an academic - I'm a member of APSA's Political Communication Section & subscribe to a number of academic and practical journals on the subject; and most of all as someone who has been a candidate at local; national and European levels).

One of my great concerns is that a lot of material is sent to prospective voters - is completely wasted. Recently I participated in handing out leaflets at a shopping centre - the material was very worthy; had lots of useful information - but was too crowded with print to encourage anyone to fully read it. I've also noted the (natural) tendency to substitute lots of leaflets for personal contact - a very dangerous path to go down.

To communicate effectively - that is to win hearts and minds - we need to think about what works. I found the following video a useful one - I hope you do too.

The Value of Data Visualization from Column Five on Vimeo.

Getting on the Agenda

2011-11-03T05:03:00.021Z

The second video which forms part of the series on How Law is Made in the UK....

The three points that need to be made to get any idea "on the agenda" are -

1 It is a good idea
2 It can best (only?) be realised by legislation (as opposed to a change in policy or practice not requiring a statute)
3 The matter is so important that it needs to be given high priority

Virginia

2011-11-02T05:05:00.001Z

Next Tuesday it will be election day in the USA.

Of course this year the elections are not as high profile. 2012 will see a Presidential election; the whole House of Representatives will be up for election; and one third of the Senate.

This year however there is only one Federal election - a primary for the special election in Oregon's 1st Congressional District (The special election (by-election) will be held on 31st January). There are Gubernatorial elections (for the State Governor) in Mississippi and Kentucky - and a handful of States have State and Municipal elections.

Virginia has State Legislative elections (General Assembly) and local elections - further details can be found at the website of the Virginia State Board of Elections ( http://www.sbe.virginia.gov/cms/Index.html). My particular interest is in the Stratford Landing, Mount Vernon area of Fairfax County - where votes are to be cast for

Virginia Senate, 36th District (1)
Virginia House of Delegates, 44th District (1)
Commonwealth's Attorney (1)
Sheriff (1)
Chairman, Board of Supervisors, Fairfax County (1)
Member (Mt Vernon), Board of Supervisors (1)
School Board (at large) (3)
School Board (Mt Vernon) (1)
Soil & Water Conservation Area Director (Northern Virginia District) (3)

and the School Bonds referendum ("Shall the Board of Supervisors of Fairfax County, Virginia, contract a debt, borrow money, and issue capital improvement bonds in the maximum aggregate principal amount of $252,750,000 for the purposes of providing funds, in addition to funds from school bonds previously authorized and any other available funds, to finance, including reimbursement to the County for temporary financing for, the costs of school improvements, including acquiring, building, expanding and renovating properties, including new sites, new buildings or additions, renovations and improvements to existing buildings, and furnishings and equipment, for the Fairfax County public school system?"

For further details of precincts and candidates press here.

How Law is Made - Introduction

2011-11-01T05:13:00.000Z

As promised recently, I begin a new series on how law is made in the UK. This video considers some important principles to keep in mind, and looks briefly at "Sources of Law".

Standing Order 14 (House of Commons: Public Business) reads (full text of Standing Orders available here)

(1) Save as provided in this order, government business shall have precedence at every sitting.

(2) Twenty days shall be allotted in each session for proceedings on opposition business, seventeen of which shall be at the disposal of the Leader of the Opposition and three of which shall be at the disposal of the leader of the second largest opposition party; and matters selected on those days shall have precedence over government business ......
(3A) Thirty-five days or its equivalent shall be allotted in each session for proceedings in the House and in Westminster Hall on backbench business of which at least twenty-seven shall be allotted for proceedings in the House; the business determined by the Backbench Business Committee shall have precedence over government business ......

(4) Private Members’ bills shall have precedence over government business on thirteen Fridays in each session to be appointed by the House.

(5) On and after the eighth Friday on which private Members’ bills have precedence, such bills shall be arranged on the order paper in the following order— consideration of Lords amendments, third readings,
consideration of reports not already entered upon, adjourned proceedings on consideration, bills in
progress in committee, bills appointed for committee, and second readings.

(6) The ballot for private Members’ bills shall be held on the second Thursday on which the House shall sit during the session under arrangements to be made by the Speaker, and each bill shall be presented by the Member who has given notice of presentation or by another Member named by him in writing to the Clerks at the Table, at the commencement of public business on the fifth Wednesday on which the House shall sit during the session.

(7) Until after the fifth Wednesday on which the House shall sit during the session, no private Member shall—
(a) give notice of a motion for leave to bring in a bill under Standing Order No. 23 (Motions for leave to
bring in bills and nomination of select committees at commencement of public business); or
(b) give notice for presenting a bill under Standing Order No. 57 (Presentation and first reading); or
(c) inform the Clerks at the Table of his intention to take charge of a bill which has been brought from the Lords......

Halloween in the UK

2011-10-31T05:32:00.002Z

You often hear people say that "Halloween is an imported American festival". In a sense this is true - many of the practices we see today in Britain were rare when I was a child. November 5th was a much bigger occasion. For weeks before children would make and take from door to door (often very amateurish) effigies asking "a penny for the Guy". Guy Fawkes was the former mercenary who was the person tasked with collecting the gunpowder; guarding it and setting it off - which would have blown the Palace of Westminster up & killed King James I and many of the members of the Houses of Lords and Commons. He was discovered only hours before the attack was due. Since that day, "Guy Fawkes Night" has been celebrated with bonfires and fireworks.

BUT we did celebrate Halloween - there were some games (I remember "Apple-Bobbing" - at which I did not excel) & we had pumpkins - but it is only in recent years that Halloween has eclipsed Guy Fawkes Night and taken on the characteristics of the American holiday. Of course its roots were in celtic practices - and there is an excellent website about the British traditions and history of Halloween.

For more information on Guy Fawkes see previous posts on Washminster - Guy Fawkes; The New Session; and the Bonfire Night website.

Parliament Week

2011-10-30T05:16:00.007Z

This coming week will see a number of events to celebrate "Parliament Week" (I suspect that the dates were not chosen by accident - November 5th was, by order of Parliament in the 17th Century, to be kept as an annual day of "public thanksgiving to Almighty God...that unfeigned thankfulness may never be forgotten, and that all ages to come may yield praises to God's divine majesty for the same." It was on that day that Guy Fawkes' attempt to blow up Parliament was thwarted in 1605).

Details of the events (which occur across the country) can be found at a special website - http://www.parliamentweek.org/

I hope to be attending a few of the events, both at Westminster and in Birmingham. Do drop me a line if you will be attending any of the events.

How Congress Monitors and Assesses Budgets

2011-10-29T12:19:00.001+01:00

The Congressional Budget Office was set up by Congress to give specialist advice on costing and budgetary issues. It reviews legislatives proposals and the budget put forward by the Executive Branch. As a former elected official myself, I know how important it is to challenge the assumptions behind claims about the costs and savings of proposed actions.

The agency is composed primarily of economists and public policy analysts. About three-quarters of its professional staff hold advanced degrees, mostly in economics or public policy.

A fact sheet on the CBO is available here.

CBO Reports are published on its website http://www.cbo.gov/

The Analysis of the President's proposed budget for FY 2012 can be accessed here.

What numbers!

2011-10-29T05:03:00.006+01:00

I inputed my date of birth via a link on the BBC News website - and was informed that

When you were born, you were the:

3,012,356,208th person alive on Earth
76,640,530,951st person to have lived since history began

It's a website worth visiting.

The Statue of Liberty

2011-10-28T05:16:00.004+01:00

Today is the anniversary of the dedication of the Statute of Liberty in 1886 by President Grover Cleveland. The statue, a gift from France, represents the Roman Goddess "Libertas". In France this deity of Freedom is personified as Marianne.

In Poitiers, one of my favourite cities in France, where I was once a visiting lecturer at The Sup de Co, and a student (part time) at the Universite - there is smaller replica of the Statue. If you are ever in that city, it's worth a visit - I did not know of its existence - but a friend, without telling me where I was being taken, surprised me as we turned the corner into La Place de la Liberte. An interactive map of Poitiers is available here.

The National Park Service website for the New York statue is available here.

Departments shamed

2011-10-27T11:53:00.000+01:00

An update on the written questions unanswered by Departments (House of Lords) - the four worst are (with the DfT deserving a special award for being outstandlingly bad compared to every other Department. The Government Spokesman in the House of Lords is Earl Attlee - and the Government whip covering that Department is Lord Shutt of Greetland. Perhaps a word from both of them might encourage the DfT to get its act together. The Secretary of State, who has ultimate responsibility is Justine Greening [pictured])

Department for Transport     19
Dept for International Development     6
Welsh Office      3
Home Office      3

Electoral Registration - Lords Questions

2011-10-27T11:14:00.000+01:00

Lord Bach: To ask Her Majesty's Government what are the reasons for their policy of making individual voter registration voluntary.

The Minister of State, Ministry of Justice (Lord McNally): My Lords, the Government's approach reflects the fact that it is not an offence not to be registered under the current system. This will not change under the new system. The offence of not providing information to an electoral registration officer-for example, when making a household enquiry-will be retained. It will not be extended to require an individual to apply to be registered.

Lord Bach: My Lords, I thank the Minister for his Answer, as far as it goes. He will know that at least 3 million of our fellow citizens, and probably more, already are not registered to vote at all. The independent Electoral Commission is of the view that if registering to vote becomes a voluntary activity, as the White Paper proposes, the result could be that up to 10 million people will fall off the electoral register, and that rates could fall in some areas from 90 per cent down to 65 per cent. Up to 35 per cent of the adult population could be disenfranchised. Is such a consequence acceptable in a mature democracy? Does the Minister agree that if such an event were to happen, no longer could we claim to the world, as we can today, that in Britain we live in a democratic country?

Lord McNally: My Lords, of course it is not acceptable; but neither is it acceptable for a mature political party to go round shroud-waving on a conclusion which involved joint deliberation by the parties that the old system had become increasingly distrusted and that voluntary registration-which would eliminate, or do a lot to eliminate, fraud, and create greater public confidence in the system-should be the way forward. The way forward proposed in the White Paper gives enough guarantees and assurances to show that the kind of language that the noble Lord has just used is, quite frankly, scare tactics which are not worthy of him or his party.

Baroness Gardner of Parkes: My Lords, coming from a country where voting is compulsory, I can understand why it should be compulsory to be on the register. However, as voting is voluntary in this country, what is the difference between not wishing to vote and not wishing to register? Can the Minister please clarify?

Lord McNally: Unlike in Australia, not wishing to vote remains an inalienable right of the British people. Registering is a civic duty and we hope that it will increasingly be seen as such. I certainly hope that over the next few years all the political parties will embrace the idea of an individual register and use their influence to ensure that people exercise their right. Of course, once people are on the register they will retain their right not to vote.

Lord Campbell-Savours: My Lords, on the question of shroud-waving, will the noble Lord explain to us why, when this stupid system was introduced in Northern Ireland, the registration of voters totally collapsed? Why did that happen?

Lord McNally: Perhaps someone from Northern Ireland will intervene, but, again, the language is not borne out by the facts. It did not totally collapse. In this gradual process that we are bringing forward, we are learning from the examples and lessons of the Northern Ireland experience, as well as looking at some of the practices that are going on there now. Northern Ireland votes are a standard joke but we are now learning lessons about voluntary registration and its success in Northern Ireland.

Lord Marks of Henley-on-Thames: My Lords, the existing system, whereby householders can in theory be prosecuted for failing to return their registration forms, has not worked, largely for the simple reason that no one can tell who the responsible householder is in households with more than person. Therefore, does not individual registration offer a good opportunity at least to consider a meaningful compulsory system, and is that not important, given that the electoral register determines not just the right to vote but also the call-up for jury service?

Lord McNally: Those are very valid points. To put the Question of the noble Lord, Lord Bach, into perspective, I again emphasise that the annual canvass will continue to support the maintenance of the electoral register. Significant work, including public awareness campaigns by the Electoral Commission, will be funded in 2014-15 to manage the transition to individual electoral registration. In both those years, door-to-door canvassing will be used by electoral registration officers as part of a wide suite of powers to encourage people to register to vote. This is a step forward against electoral fraud. Instead of making emotional interventions, it would be good if the Labour Party would endorse it and get on with encouraging people to register.

Lord Wills: My Lords, all the evidence that I saw when I was the Minister responsible for these matters in the previous Government suggests that the introduction of individual registration, no matter how desirable for other reasons, is going to carry with it severe risks that millions of otherwise eligible voters will fall off the register. That is why, when the previous Government introduced this measure, they locked it into the achievement of a comprehensive and accurate register.

It is also why the Conservative shadow Minister at the time said on the Floor of the other place that, "we agree with the Government that the accuracy, comprehensiveness and integrity of the register ... is paramount ... I do not intend to vote against these Government amendments because ... I believe that it is right to take this matter forward carefully and step by step".-[Official Report, Commons, 13/07/09; col. 108.]

The Liberal Democrats also supported this approach. Can the Minister please tell your Lordships what new evidence he has seen that has persuaded him that the careful approach adopted by the previous Government and supported by both main parties in opposition is now wrong?

Lord McNally: We are going forward by learning from the lessons and experience of Northern Ireland.

Noble Lords: Answer the question.

Lord McNally: I am answering the question. From some of the questions, you would not believe that we will be having a two-year period in which we will be taking a belt-and-braces approach with the present system running in parallel and with every opportunity for democratic organisations and others to persuade people voluntarily to go on the electoral register and exercise their civic duty. The answer is that we have decided on a belt-and-braces approach, which will allow a smooth transition to a new scheme. It is a perfectly sensible approach, which draws on some of the experiences of the previous Government. I think that the Labour Party is being disgraceful on this. It should get on with recruiting members and persuading people to register to vote instead of using these scare tactics, which, quite frankly, are not worthy of it.

Constitutional Handbook

2011-10-25T11:47:00.000+01:00

The final version of the Cabinet Manual has now been published (a draft appeared last year). The Prime Minister writes in the introduction -

"The Cabinet Manual sets out the internal rules and procedures under which the Government operates. For the first time the conventions determining how the Government operates are transparently set out in one place. Codifying and publishing these sheds welcome light on how the Government interacts with the other parts of our democratic system."

The Cabinet Secretary writes "While the document primarily provides a guide to the operation of the Government itself, it also sets out – from the view of the Executive – the Government’s place in the UK’s Parliamentary democracy. It therefore includes chapters on how the Government relates to the Sovereign, Parliament and the independent judiciary, as well as the other democratic institutions within the UK and key international bodies."

As you can imagine from those comments - this document will be important for Constitutional Law students and lecturers (I've already downloaded a copy to my iPad!)
The Cabinet Manual (in PDF format)is available here.

The temporary absence of Washminster

2011-10-22T08:45:00.000+01:00

My apologies for the current absence of posts for Washminster. I am in the middle of marking exam papers - and the blog will return as soon as I have finished (which should be in the next few days! In any event, the final deadline for sumbimission of the marked scripts is 1st November)

Almanac of American Politics

2011-10-19T05:10:00.001+01:00

I reported some time ago that my copy of CQ Roll Call's "Politics in America" had arrived. I'm pleased to announce that National Journal's "Almanac of American Politics 2012" reached my home this week. While they both provide details of Members of Congress and the electoral districts - they are sufficiently different to justify buying both. I've been buying both since the 108th Congress (we are now in the 112th) - and both have been useful as reference sources during the Congress; as vital background for elections (see the posts in 2008 & 2010 where I describe some of the key seats); and now as a useful source of historical information for my Whips research.

Details of the Almanac can be found here.

If you are in the UK, you can order the Almanac using the link below (Washminster earns some commission from orders placed via this link)

Assemblee nationale

2011-10-18T05:06:00.005+01:00

The Assemblee nationale continues to meet (despite the distractions of the Socialiste primary and its aftermath). The business papers can be accessed Here (French). There's a very good English language site giving much background about the procedures and work of the assemblee here.

There is a "parliamentary channel" - LCP - http://www.lcp.fr/ (which is available also as an iPad App; iPhone App; and an Android App).

The next elections - once again run over two rounds - will take place on the 10th and 17th June. The country is divided into 577 districts ('circonscriptions'),

The law relating to the elections can be found in the Code electoral. The version which is due to be in force for the legislative elections in June can be accessed here.

If you are like me - obsessed by electoral statistics - then you can delight in the results of recent previous elections which can be accessed here.

Shaping Up

2011-10-17T06:39:00.000+01:00

The two main elections that Washminster will be following in 2012 are beginning to take shape. Yesterday the Centre-Left in France (Parti Socialiste and the Parti Radical de Gauche) held the final round of the Primary to select a candidate to take on the current French President, Nicholas Sarkozy. The latter has yet to formally announce his bid for re-election, but it would be a real surprise if he didn't run. The PS/PRG candidate will be Francois Hollande - a former First General Secretary (Head of the Party Organisation) of the PS (1997-2008) and a depute (equivalent of MP or Representative in the Assemblee nationale) for a district in the departement of Correze (1988-93; 1997-date).

As explained in earlier posts - the French Presidential election takes two rounds - the first in which all parties can put up a candidate - and the second, in which only the highest scoring candidates face off. The first round takes place on April 22nd and the final round on May 6th.

In the United States the Republicans continue with a series of debates before the State primaries or caucuses (each State has its own method of selecting nominees for each party). The primary season has inched forward - so watch this space for details of the calendar as it changes. The chosen nominee will formally be announced at the respective conventions - but in recent decades, the winner has been obvious for some time before.

The current calendar is -

01-10December 2011 or Early January 2012 New Hampshire primary
01-03January 3, 2012 (tentative) Iowa caucus
January 14, 2012 Nevada caucus
January 21, 2012 South Carolina primary
January 31, 2012 Florida primary
February 4–11, 2012 Maine caucus
February 7, 2012 Colorado caucus
February 7, 2012 Minnesota caucus
February 28, 2012 Arizona primary
February 28, 2012 Michigan primary
March 3, 2012 Washington caucus
March 6, 2012 Alaska caucus
March 6, 2012 Georgia primary
March 6, 2012 Idaho caucus
March 6, 2012 Massachusetts primary
March 6, 2012 North Dakota caucus
March 6, 2012 Ohio primary
March 6, 2012 Oklahoma primary
March 6, 2012 Tennessee primary
March 6, 2012 Texas primary
March 6, 2012 Vermont primary
March 6, 2012 Virginia primary
March 6–10, 2012 Wyoming caucus
March 10, 2012 Kansas caucus
March 10, 2012 U.S. Virgin Islands caucus
March 13, 2012 Alabama primary
March 13, 2012 Hawaii caucus
March 13, 2012 Mississippi primary
March 17, 2012 Missouri caucus
March 20, 2012 Illinois primary
March 24, 2012 Louisiana primary
April 3, 2012 Maryland primary
April 3, 2012 Washington, D.C. primary
April 3, 2012 Wisconsin primary
April 24, 2012 Connecticut primary
April 24, 2012 Delaware primary
April 24, 2012 New York primary
April 24, 2012 Pennsylvania primary
April 24, 2012 Rhode Island primary
May 8, 2012 Indiana primary
May 8, 2012 North Carolina primary
May 8, 2012 West Virginia primary
May 15, 2012 Nebraska primary
May 15, 2012 Oregon primary
May 22, 2012 Arkansas primary
May 22, 2012 Kentucky primary
June 5, 2012 California primary
June 5, 2012 Montana primary
June 5, 2012 New Jersey primary
June 5, 2012 New Mexico primary
June 5, 2012 South Dakota primary
June 26, 2012 Utah primary
Not yet scheduled American Samoa caucus
Not yet scheduled Guam caucus
Not yet scheduled Northern Mariana Islands caucus
Not yet scheduled Puerto Rico caucus

Constitution 3.0

2011-10-15T05:23:00.005+01:00

From the Brookings Institution, Washington DC

Technological changes are posing stark challenges to America’s core values. Basic constitutional principles find themselves under stress from stunning advances that were unimaginable even a few decades ago, much less during the Founders’ era. Policymakers and scholars must begin thinking about how constitutional principles are being tested by technological change and how to ensure that those principles can be preserved without hindering technological progress.

Constitution 3.0, a product of the Brookings Institution’s landmark Future of the Constitution program, presents an invaluable roadmap for responding to the challenge of adapting our constitutional values to future technological developments. Renowned legal analysts Jeffrey Rosen and Benjamin Wittes asked a diverse group of leading scholars to imagine plausible technological developments in or near the year 2025 that would stress current constitutional law and to propose possible solutions. Some tackled issues certain to arise in the very near future, while others addressed more speculative or hypothetical questions. Some favor judicial responses to the scenarios they pose; others prefer legislative or regulatory responses.

Here is a sampling of the questions raised and answered in Constitution 3.0:

• How do we ensure our security in the face of the biotechnology revolution and our overwhelming dependence on internationally networked computers?

• How do we protect free speech and privacy in a world in which Google and Facebook have more control than any government or judge?

• How will advances in brain scan technologies affect the constitutional right against self-incrimination?

• Are Fourth Amendment protections against unreasonable search and seizure obsolete in an age of ubiquitous video and unlimited data storage and processing?

• How vigorously should society and the law respect the autonomy of individuals to manipulate their genes and design their own babies?

Individually and collectively, the deeply thoughtful analyses in Constitution 3.0 present an innovative roadmap for adapting our core legal values, in the interest of keeping the Constitution relevant through the 21st century.

Contributors include: Jamie Boyle, Erich Cohen, Robert George, Jack Goldsmith, Orin Kerr, Lawrence Lessig, Stephen Morse, John Robertson, Jeffrey Rosen, Christopher Slobogin, O. Carter Snead, Benjamin Wittes, Tim Wu, and Jonathan Zittrain.

To Order from the USA
To Order in the UK or Europe - Go here & search for "Constitution 3.0"; Publisher (from drop down list) "Brookings"

The Second Round

2011-10-14T05:10:00.001+01:00

On Sunday, the Second Round of the Primaries for a Socialist candidate in the French Presidential Elections will be held. A number of different systems for election are used in France - but the two-rounds which apply to elections for the Assemblee nationale and Presidential elections have a certain attraction.

Only the two leading candidates from the first round go forward. This has a number of advantages - the person ultimately elected has to get 50% of the votes cast (a disappearing quality for British MPs - who can be elected on a small proportion - and the more candidates who stand, the smaller the winning proportion necessary). Representation is based on which candidate can attract the widest support (Proportional Systems can hand seats to candidates who only appeal to a particular group - and can discourage reaching out beyond the particular ethnic or extremist group). It is more expensive than expressing second (or more) preferences on a single ballot sheet (as in the Alternative Vote) - but allows the voter to choose between the most popular candidates (or parties) - without promoting the "least offensive to all" candidate.

The Legislative Process in the House of Commons

2011-10-13T05:30:00.004+01:00

Over the next few weeks I will be writing a series of posts about procedure and practice relating to the passage of Bills through the House of Commons. This will be in more depth than the overviews that can normally be found - for example (and I'd recommend this to anyone wanting a useful overview of the UK legislative process) - the guide on the Parliamentary website.

One criticism that is often made of the Commons process, is that there is insufficient scrutiny. In this series I will highlight opportunities for scrutiny. Most of all - I would encourage you to look at bills - and contact your Member of Parliament if you identify concerns. Better legislation is in OUR interests.

EU Law

2011-10-12T05:01:00.009+01:00

European Union Law is - [by virtue of Parliament's will expressed in the European Communities Act 1972 (note especially s2(1); s3(1)) - which of course, should any future Parliament so resolve - be rescinded] - as much a part of English Law as any Statute, Statutory Instrument, or precedent.

The Treaties are "Primary Legislation" - and under them secondary legislation may be made. Article 288 defines the different types of secondary legislation.

"To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.

A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.

A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.

A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.

Recommendations and opinions shall have no binding force."

Rights arising in Euroean Union Law may be enforceable in the national courts. For this to happen they must be capable of "Direct Effect" (not to be confused with Directly Applicable - an attribute of Regulations, which means that no further national legislative action is needed to bring the regulation into national law. Directives, of course, need to be implemented). The Van Gend criteria applies to all types of legislation - the right must be clear, precise and unconditional. Directives require two additional tests to be passed
* the date for implementation must have passed
* the body the right is being claimed against must be "an emanation of the State". The Foster v British Gas case sets out the principles for identifying what an emanation of the State is.

If a right can't be enforced because it fails the criteria for Direct Effect - "indirect effect" may be of help. This principles obliges the national court to seek to interpret the national legislation to give effect to the EU right. Of course sometimes that is not possible - it would do 'violence to the language' of the national legislation to read in the word "not" or change a number (for example the number of months a person must have worked for an employer before he can rely on the right).

If a right can be enforced using Direct Effect or Indirect Effect, it may be possible to sue the national government (in Direct & Indirect Effect cases the person or body whose immediate action has harmed the Claimant - the employer who hasn't given the employer what EU law says they are entitled to - equal pay for work of equal value, for example - is the person sued). The Francovich Principle applies.

London Jazz Festival

2011-10-11T18:11:00.003+01:00

The Annual London Jazz Festival begins in a month's time. This is the programme of events.

Apologies

2011-10-11T07:30:00.000+01:00

My apologies if you are an iPhone or iPad reader of this blog. They are unable to display the video. If you know of any way to resolve this issue - or are having any other problems viewing Washminster - please email me on jdavidmorgan@googlemail.com

The Constitutional Role of Judges

2011-10-11T05:09:00.004+01:00

C-SPAN broadcast this video of two US Supreme Court Justices giving evidence to the Senate Judiciary Committee about the role of judges. It is a very important issue to be thinking about. In the UK Judges has recognised the principle of "Parliamentary Sovereignty", in which they have recognised that their role is to interpret, but not overrule what Parliament has decided.

I hope that you would use this video to reflect on the role that the judiciary can, and should play.

Updated Website

2011-10-10T20:55:00.000+01:00

The new website has been enhanced - http://www.washminster.com/p1.htm

Impeachment

2011-10-10T10:59:00.000+01:00

We all associate "Impeachment" with attempts to remove American Presidents - Clinton in 1998-9 (and for those of us with a longer memory - Nixon in 1974). Yet it was a concept adopted by the Americans from the English Parliament, just as it was falling out of favour here. It is now regarded as obsolete in the UK.

The House of Commons Library has produced an interesting background paper on the subject - it is available here.

Looking Ahead

2011-10-08T05:08:00.000+01:00

The new term has begun at the US Supreme Court. This C-SPAN programme gives a preview of the cases that the Court is likely to be considering in the coming months.

The New Shadow Cabinet

2011-10-07T13:21:00.000+01:00

The membership of Labour's Shadow cabinet used to be decided by Party Conference. The Leader then allocated jobs to those chosen. This year, Ed Miliband succeeded in persuading Conference to change the rules so that he had complete freedom of choice. The new Shadow Cabinet is, with immediate effect -

Leader of the Opposition and Leader of the Labour Party
Ed Miliband MP

Shadow Deputy Prime Minister, Party Chair and Shadow Secretary of State for Culture, Media and Sport
Harriet Harman MP

Shadow Chancellor of the Exchequer
Ed Balls MP

Shadow Foreign Secretary
Douglas Alexander MP

Shadow Home Secretary and Minister for Women and Equalities
Yvette Cooper MP

Shadow Lord Chancellor and Secretary of State for Justice
Sadiq Khan MP

Shadow Chief Whip
Rosie Winterton MP

Shadow Secretary of State for Health
Andy Burnham MP

Shadow Secretary of State for Education
Stephen Twigg MP

Shadow Secretary of State for Business, Innovation and Skills
Chuka Umunna MP

Shadow Secretary of State for Defence
Jim Murphy MP

Shadow Secretary of State for Communities and Local Government
Hilary Benn MP

Shadow Leader of the House of Commons
Angela Eagle MP

Shadow Secretary of State for Energy and Climate Change
Caroline Flint MP

Shadow Chief Secretary to the Treasury
Rachel Reeves MP

Shadow Minister for London and the Olympics
Tessa Jowell MP

Shadow Secretary of State for Transport
Maria Eagle MP

Shadow Secretary of State for Work and Pensions and Policy Review Co-ordinator
Liam Byrne MP

Shadow Secretary of State for International Development
Ivan Lewis MP

Shadow Secretary of State for Environment, Food and Rural Affairs
Mary Creagh MP

Shadow Minister for the Cabinet Office
Jon Trickett MP

Labour Party Deputy Chair and Campaign Coordinator
Tom Watson MP

Shadow Secretary of State for Northern Ireland
Vernon Coaker MP

Shadow Secretary of State for Scotland
Margaret Curran MP

Shadow Secretary of State for Wales and Chair of the National Policy Forum
Peter Hain MP

Shadow Leader of the House of Lords
Baroness Royall of Blaisdon

Lords Chief Whip
Lord Bassam of Brighton

Also attending Shadow Cabinet:

Shadow Minister for Care and Older People
Liz Kendall MP

Shadow Minister without Portfolio (Cabinet Office)
Michael Dugher MP

Shadow Attorney General
Emily Thornberry MP

Shadow Minister without Portfolio (Cabinet Office)
Lord Stewart Wood

Speakers' Lists

2011-10-06T05:15:00.006+01:00

For certain business (General Debates; Second Reading Debates), Members of the House of Lords can sign up for the Speakers List. These are not complied for business in which moving amendments to a Bill are discussed (such as the Committee or Report Stages).

It can be useful to look ahead to see how much interest there is in a debate. Yesterday Lady Thornton tweeted that (by 09-00 on 5th October) 73 Peers had signed up to speak in the Second Reading Debate on the Health & Social Care Bill, which is due on 11th October. An indication of the keen interest in that Bill.

The information can be found on the Government Whips' Office website here.

Naming and Shaming

2011-10-05T05:24:00.000+01:00

As with the House of Commons, Members of the House of Lords can submit questions for written answer (QWAs). These should be answered within 14 days. Each day a list is published in the "House of Lords Business (a Green booklet setting out the days business; business to come in the forthcoming month - and which is full of useful information - visit here to see the document) - which lists Written questions unanswered after 10 working days. The dates when the questions were submitted (and in brackets when the answer should have been given by) are given

5 September (19 September)

HL11585 Lord Warner [DfID]
HL11589 Lord Avebury [HO]
HL11601 Lord Ramsbotham [MoJ]
HL11602 Lord Ramsbotham [MoJ]
HL11603 Lord Ramsbotham [MoJ]
HL11606 Lord Laird [DWP]
HL11608 Lord Laird [DCLG]
HL11639 Lord Hunt of Kings Heath [HO]
HL11640 Lord Hunt of Kings Heath [HO]

6 September (20 September)

HL11691 Lord Chidgey [DfT]
HL11695 Lord Chidgey [DfT]

7 September (21 September)

HL11713 Lord Adonis [HO]
HL11714 Lord Laird [HO]

8 September (22 September)

HL11743 Lord Morris of Manchester [HO]
HL11775 Lord Kennedy of Southwark [MoJ]
HL11786 Lord Lester of Herne Hill [MoJ]
HL11793 Lord Laird [DWP]

12 September (26 September)

HL11797 Lord Chidgey [CO]
HL11798 Lord Chidgey [CO]
HL11799 Lord Chidgey [CO]
HL11803 Lord Kennedy of Southwark [DfT]
HL11804 Lord Kennedy of Southwark [DfT]

13 September (27 September)

HL11852 Lord Kennedy of Southwark [DfT]
HL11853 Lord Kennedy of Southwark [DfT]
HL11881 Lord Laird [CO]
HL11884 Lord Ahmed [MoD]
HL11885 Lord Ahmed [MoD]

14 September (28 September)

HL11923 Lord Hunt of Kings Heath [DEFRA]
HL11930 Lord Kennedy of Southwark [HO]

15 September (29 September)

HL11933 Lord Harrison [DfT]
HL11937 Baroness Smith of Basildon [HO]
HL11942 Baroness Kinnock of Holyhead [DfID]
HL11957 Lord Tebbit [HO]
HL11961 Lord Howard of Lympne [MoJ]
HL11963 The Earl of Sandwich [DfID]
HL11987 Lord Boswell of Aynho [DWP]
HL11988 Lord Boswell of Aynho [DWP]
HL11997 Lord Bradshaw [DfT]
HL11998 Lord Bradshaw [DfT]

The Departments which have been the most number of questions unanswered are revealed in a table - I intend regularly to reproduce this "naming and shaming" on Washminster -
[Cabinet Office]      4
[Department for Communities and Local Government]     1
[Department for the Environment, Food & Rural Affairs]      1
[Department for International Department]      3
[Department for Transport]      9
[Department of Work & Pensions]      4
[Home Office]      9
[Ministry of Defence]      2
[Ministry of Justice]      6

Thoughts on Revision

2011-10-04T05:06:00.001+01:00

A video made for students facing exams within the next month (if that's not you - do bookmark this post and come back to it when you are in the middle of exam revision).

Washminster Website

2011-10-03T09:47:00.000+01:00

I am in the process of constructing a website to accompany the Blog. An initial version is now available at http://www.washminster.com/

Separation of Powers in the UK

2011-10-03T05:05:00.010+01:00

University exams on Constitutional Law usually have a question on the Separation of Powers. I've already mentioned the idea of three functions of government in my post of 29th September. There are also a number of earlier Washminster posts on the subject - see my 2007 post; Comparing Constitutions; Checks and Balances;

Below is a MindMap highlighting the main points. This can be increased in size by clicking on the image. It is just a beginning - examples of where Separation of Powers is legislated for; and where the doctrine is ignored - can be added. The key thing to remember is that Britain has a system of responsible Government - Ministers are members of - and answerable to - one of the two Chambers in the UK Parliament.

The House of Commons Disqualification Act 1975 excludes a number of people from the Commons, because of their role in other branches. The Constitutional Reform Act 2005 separates the Highest Court in the English Legal System from the House of Lords.

The link to the biographical details of Montesquieu can be found here.

Milton Keynes' own Roman Villa

2011-10-02T05:21:00.002+01:00

Milton Keynes is Britain's newest city. It was built since being designated as a "new town" in 1967. Yet within its boundaries are many historic buildings and sites. Only a couple of streets away from my home an iron age settlement was discovered.

Often I will get some exercise by going for a cycle ride - and I frequently follow the Millennium Way - a cycle route which goes around the city. Just off the route is a Roman Villa.

This is a photo I took of the site during a recent cycle ride. There are interpretation boards which explain the historical development of the site - and they show how it looked at various times. Below is an artists impression of the Villa at its height.

A local archeological webpage is dedicated to the villa. It can be accessed here.

Conservative Party Conference

2011-10-01T05:11:00.002+01:00

The final major party conference, as is the usual pattern, is that of the Conservative Party. It is being held in Manchester. Last year Labour held their conference there, and will return next year (and I'll be going!). However for 2011 Manchester hosts the Conservatives. On Wednesday, the Prime Minister will address the conference.

A Conference App is available here.

The website can be found here.