Arkansas House Committee Rejects Tax Break For The Poor, Approves Two For The Rich

States across the country are pushing tax cuts as a way to stimulate economic growth, and an Arkansas House Committee joined them yesterday by approving an income tax cut and raising an exemption on investment taxes. While approving two tax proposals that will largely benefit the wealthy, however, the committee rejected a proposal that would give a tax break to low-income families.

The efforts are aimed at stimulating job and economic growth, according to Republican state legislators, the Associated Press reports:

The income tax proposal, which will cost the state about $57 million a year, is expected to be the largest piece of the tax cut package being negotiated. The proposal would lower the top income tax rate from 7 percent to 6.875 percent and increase the minimum income it applies to from $34,000 to $44,000. The reduction would take effect for the 2014 tax year. The lawmaker behind the idea said it would help Arkansas generate jobs by making its tax rate more competitive with surrounding states. [...]

The panel also endorsed Carter’s proposal to increase the income tax exemption on capital gains of at least $5 million from 30 percent to 70 percent. It would also create a 70 percent exemption for any net capital gains relating to the sale of Arkansas property acquired after Jan. 1, 2014.

Even as it raises the minimum amount needed to qualify for taxation, the income tax proposal would grant more than half of its benefits to Arkansans who make more than $155,000 a year, according to the Institute on Taxation and Economic Policy. The capital gains exemption, which ITEP calls one of the two “most regressive state income tax loopholes,” would only benefit wealthy families. But cutting taxes to stimulate growth isn’t the best strategy: a report from the Center on Budget and Policy Priorities released this week found that states that implemented tax cuts in the 1990s saw slower economic growth afterward than states that did not.

At the same time, the committee rejected a proposed Earned Income Tax Credit that would have given breaks to low-income residents, just as the EITC does on federal taxation. Arkansas’ tax code is already among the most regressive in the country, according to ITEP. It’s poorest residents pay 11.9 percent of their income in taxes, the 10th highest percentage among the 50 states and Washington DC. The richest one percent of its residents pay just 6 percent of their income in taxes. Gov. Mike Beebe (D) has warned the legislature that his budget does not include room for costly tax cuts, which should prevent Arkansas’ House Republicans from making the tax code even more regressive.

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Maryland Senate Committee Kills Transgender Nondiscrimination Protections

Though the success of marriage equality in Maryland was an important achievement, the state still lacks nondiscrimination protections for its transgender community, and it seems that won’t be changing anytime soon. Today the Maryland Senate Judicial Proceedings Committee voted 6-5 to kill the Fairness for All Marylanders Act, which would have prohibited discrimination based on gender identity in housing, employment, and public accommodations.

One of the Democrats who voted against the protections was Sen. Norman Stone, who in 1967 voted to maintain the state’s ban on interracial marriage and who opposed same-sex marriage in 2012. Another was Sen. James Brochin, who was actually convinced to vote for marriage equality because of how “appalling” opponents’ testimony was. Apparently when the Family Research Council’s Peter Sprigg testified that trans people are “suffering” from a “delusion” and require therapy instead of protections, it just wasn’t appalling enough.

Only 16 states protect trans people from discrimination, and Maryland is apparently not becoming the 17th anytime soon.

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Maryland Senate Committee Votes To Repeal Death Penalty

A bill to repeal the death penalty in Maryland cleared the state Senate Judicial Proceedings Committee last night. The bill, a major priority for Gov. Martin O’Malley (D-MD), is expected to pass the state senate, where 26 of the body’s 47 members have said they will support the bill.

If the bill also passes the state house, where it is expected to have an easier road than it did in the senate, Maryland will join a growing national trend away from executions. According to a 2011 study by the Death Penalty Information Center, thirty-two U.S. jurisdictions executed no one in the proceeding five years. Moreover, although the death penalty is still technically legal in most states, executions themselves are rare outside handful of mostly Southern states. More than one third of all executions occurred in Texas:

The increasing rarity of the death penalty has constitutional implications. The Eighth Amendment to the Constitution forbids “cruel and unusual punishments.” Thus, as the death penalty becomes more and more unusual — or, as the Supreme Court has put it, as it no longer comports with “evolving standards of decency that mark the progress of a maturing society” — it stands on weaker and weaker constitutional footing.

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Colorado Committee Kills Bill Giving Legal Protections To Teaching Climate Change Denial And Creationism In Schools

By Jessica Goad

Earlier this week, a key legislative committee in Colorado voted down a bill that would give teachers at the state’s schools and colleges legal cover to teach the questioning of climate change and other subjects that “cause controversy” in the classroom.  The bill directed teachers to:

… create an environment that encourages students to intelligently and respectfully explore scientific questions and learn about scientific evidence related to biological and chemical evolution, global warming, and human cloning.

H.B. 13-1089 was sponsored by Rep. Stephen Humphrey (R) who explained:

This bill is not a curriculum change that would force educators to teach intelligent design or creationism.  It simply provides legal protections to those teachers who would like to provide their students with a complete education on both the strengths and weaknesses of these hotly debated scientific subjects.

The Colorado House Education Committee, of which Democrats are the majority, voted down the bill on a party line vote.

Colorado is not the only state to see such bills, even if their radical anti-science message did not gain traction there.  Legislators in five other states have introduced bills allowing teachers to deny evolution and climate change.  Interestingly, they all bear resemblance to “model” legislation that has been promoted by the American Legislative Exchange Council, a conservative corporate front-group that puts together draft bills for use by state legislators.

In the past, ALEC has drafted model bills such as the “Environmental Literacy Improvement Act,” which requires teachers to “encourage an atmosphere of respect for different opinions and open-mindedness to new ideas.”  ALEC has also been behind bills that block putting a price on carbon, turn over public lands to states and private companies, and roll back state renewable electricity standards.  One of the co-sponsors of the bill in the Colorado Senate is a dues-paying member of ALEC.

The Heartland Institute, an extremist group that once compared people who believe in global warming to the Unabomber, has also been linked to these types of bills.  Heartland is still a member of the ALEC task force that originally wrote the Environmental Literacy Improvement Act, and is also designing climate-denial curriculum.

The fight over teaching climate change denial in schools has just begun.  As Eugenie Scott, executive director of the National Center for Science Education put it:

This victory in Colorado was too close. People in Colorado and elsewhere need to understand that these bills would be nothing but trouble: scientifically misleading, pedagogically unnecessary, and likely to produce administrative, legal, and economic headaches.

Jessica is the Manager of Research and Outreach for the Center for the Center for American Progress Action Fund.

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Bachmann Keeps Seat On Intelligence Committee Despite Discredited Anti-Muslim Witch Hunt

Rep. Michele Bachmann

Rep. Michele Bachmann (R-MN) will remain a member of the House Permanent Select Committee on Intelligence during the 113th Congress — despite leading a widely discredited anti-Muslim witch hunt against government personnel last year.

According to the committee list released Friday, Bachmann will stay on the powerful committee despite calls from People for the American Way and others for Speaker of the House John Boehner (R-OH) to remove her. Instead, Boehner in his statement making the announcement praised the lawmakers “charged sacred task of supporting that mission by ensuring the intelligence community has the resources and tools it needs to stay ahead of the evolving threats we face, and by conducting effective oversight of the administration.”

Dismay towards Bachmann’s continuing presence on the committee stems from her use of that position to lead a witch-hunt against then-Secretary of State Hillary Clinton’s top aide Huma Abedin and other U.S. government personnel. In the letter sent to the State Department, Bachmann suggested that Abedin and others were allied with the Muslim Brotherhood, seeking to infiltrate the U.S. government and affect policy decisions. The charges were clearly false, based mostly on the conspiracy theories of noted Islamophobe Frank Gaffney.

Bachmann’s actions split the Republican Party, with several prominent members — including former Speaker Newt Gingrich and former U.S. Ambassador to the U.N. John Bolton — signing onto her conspiracies. Many other Republicans — including Boehner himself — abandoned Bachmann to her quixotic pursuit of imaginary infiltration. Sen. John McCain (R-AZ), then-Sen. Scott Brown (R-MA) and others joined President Obama and Clinton in condemning Bachmann’s scare tactics.

Joining Bachmann in being renamed to the committee are Rep. Lynn Westmoreland (R-GA) and Rep. Tom Rooney (R-FL), who signed onto the original letter sent to State about Abedin. The clearly Islamophobic stances of these committee members makes their position on the committee, with its oversight of the National Security Agency and CIA’s activities, particularly troubling.

Bachmann in particular clearly learned nothing from her experience smearing Abedin. Not only did she stand by the content of her letter to State, as recently as December, but she also compared a letter from a Muslim advocacy group to Adolf Hitler’s Mein Kampf. (HT: Faiz Shakir)

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Illinois Senate Committee Advances Marriage Equality

Marriage Equality sponsor Sen. Heather Steans (D)

With a vote of 9-5, the Illinois Senate Executive Committee just approved the marriage equality bill (Senate Bill 110), just as it had during the lame duck session. Senate President John Cullerton (D) hopes to have the whole chamber vote on the bill on Valentine’s Day next week. With Democratic super-majorities in both chambers, the legislation is expected to advance quite quickly.

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BREAKING: Virginia Senate Committee Overwhelmingly Kills Electoral Vote Rigging Scheme

Virginia State Senator Charles "Bill" Carrico Sr. (R)

The bill, as written, would have awarded 11 of Virginia’s 13 electoral votes to the winner of each of the state’s 11 heavily gerrymandered Congressional Districts. The remaining two electors would have been awarded to whoever won the majority of Congressional Districts. Under this scheme, Mitt Romney would have received 9 Virginia electors to Obama’s 4, even though Barack Obama won the state by four points.

All seven committee Democrats voted to “pass by indefinitely” (kill the bill) as did Republican Senators Mark Obenshain, Ralph Smith, Jill Holtzman Vogel, and Jeff McWaters. Four Republicans (Sens. Stephen Martin, Bryce Reeves, Tom Garrett, and the patron Bill Carrico) supported the scheme.

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GOP-Controlled Virginia House Committee Kills Voting Rights Restoration Proposals

Convicted felons in must petition to the governor for voting rights clemency

The Virginia House of Delegates subcommittee with jurisdiction over constitutional amendments killed a series of proposals Monday that would have restored the civil rights of persons convicted of a felony who have completed their sentences. This move come days after Gov. Bob McDonnell (R-VA) endorsed changing the Virginia constitution to automatically allow non-violent felons to regain their voting rights after serving their time.

Virginia is one of a handful of states that prohibits all citizens convicted of felonies from voting, even after they serve their terms, unless they are granted clemency by the governor. A series of proposals by Democrats and Republican members of the Virginia House of Delegates were rejected, en mass, by the Constitutional Amendments Subcommittee of the House Privileges and Elections Committee. The subcommittee’s four Republicans unanimously voted to kill all of the proposals, Democrats Algie Howell (D) and Johnny Joannou (D) were the only votes in favor of any of the measures.

Both McDonnell’s Secretary of the Commonwealth Janet Vestal Kelly and Attorney General Ken Cuccinelli II (R) attended the hearing to speak in support automatic restorations. Had any of the bills passed through the Virginia General Assembly this year and again next year, it would have gone to a statewide referendum.

Deputy House Majority Leader C. Todd Gilbert (R), a former prosecutor who does not sit on the committee, told the Richmond Times-Dispatch that he opposed automatic restoration because felons already get off too easy. “These are not people we ask of much … All we ask them is to show a little personal responsibility and fill out a simple application [for rights restoration].” Far from just simple procedural act, applying for clemency is no guarantee that whoever is governor will grant the clemency request.

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Rep. Gutierrez moves from Financial Services Committee to Judiciary for immigration reform

Rep. Luis Gutierrez (D-Ill.) is taking a leave of absence from the House Financial Services Committee to serve on the House Judiciary Committee to help pass new immigration reform legislation.

Gutierrez, the chairman of the Congressional Hispanic Caucus Immigration Task Force, recently met with a number of Republican lawmakers who are likely to play a prominent role in upcoming immigration reform negotiations. He discussed immigration reform with both Sen. Marco Rubio (R-Fla.) and Rep. Paul Ryan (R-Wis.) in December.

Gutierrez, who was the third-ranking Democrat on the Financial Service Committee, will likely be the 13th ranking Democrat on the Judiciary committee. The move was announced Friday.

President Obama has vowed to make immigration reform a top priority of his second term and already a number of legislators have begun initial talks on immigration reform legislation.

"All of the road signs are pointed in the right direction, and I felt I must be on the Judiciary Committee during this Congress to help the others on the Committee get immigration reform to the finish line," Gutierrez said in a statement. "We are poised for serious action to fix our broken immigration system, a top priority for Democrats, for the Democratic leadership, and for the president, and I have spoken to numerous Republicans in the House and Senate who want to get it done."

Gutierrez thanked the Democratic leadership for approving the move.

"I look forward to working with the chairman and the subcommittee chairmen and the Ranking Member, Rep. John Conyers (D-Mich.), and the Immigration Subcommittee Ranking Leader, Rep. Zoe Lofgren (D-Calif.), in crafting bipartisan immigration reform that fixes our broken immigration system," Gutierrez also said in the statement.

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Senate Republicans Stack Judiciary Committee With Two More Constitutional Extremists

Two years ago, when Senate Republicans needed to fill a vacant seat on the Senate Judiciary Committee, they tapped Tea Party Sen. Mike Lee (R-UT) — a senator who believes that federal child labor laws, FEMA, food stamps, the FDA, Medicaid, income assistance for the poor, and even Medicare and Social Security violate the Constitution. This year, they needed to fill two seats on the Senate body responsible for overseeing the Constitution. Once again, Senate Republicans chose to fill these seats with senators who believe the Constitution in nothing more than a block of clay that can be formed into whatever the Tea Party wants it to say.

Sen. Ted Cruz (R-TX) is no stranger to conspiracy theories; he published an article last year claiming that the United Nations and George Soros are at the head of a global conspiracy to eliminate the game of golf. (Seriously. We aren’t making this up.) So his understanding of the Constitution is similarly idiosyncratic. As head of a conservative think tank’s Tenth Amendment project, Cruz co-authored an unconstitutional plan to nullify the Affordable Care Act — claiming that two states can ignore the Constitution and federal law simply by joining together in such lawlessness.

Cruz is among the most skilled attorneys in the country, but he devoted his outsized talents to reshaping the Constitution into his own far right image. His first campaign ad touted his successful work to help Texas kill a Mexican national in violation of America’s treaty obligations, and he believed in using lawsuits to tear down the health care safety net long before the Affordable Care Act’s opponents brought a completely meritless legal theory to the Supreme Court and nearly convinced the entire conservative bloc to sign onto it in its entirety. Cruz’s campaign touted his attempt to “to strike down portions of the Medicare Prescription Drug program as an unconstitutional intrusion in the sovereign authority of the States.” Although Cruz is more careful in his rhetoric than Sen. Lee, perhaps the most damning aspect of Cruz’s record is the staunch opponent of national child labor laws and Medicare’s endorsement of Cruz’s constitutional vision. In Lee’s words, “Ted is one of our nation’s leading defenders of the Tenth Amendment. He is a champion for limiting the power, size, and spending of the federal government.”

Cruz is joined on the Judiciary Committee by Sen. Jeff Flake (R-AZ), who actually thinks his own election to the Senate should be unconstitutional. Flake endorsed repealing the Seventeenth Amendment, which replaced a system that led to “rampant and blatant corruption, letting corporations and other moneyed interests effectively buy U.S. Senators,” with our current system — electing senators.

Like Cruz, Flake also embraced rethinking the Tenth Amendment as a tool to impose Tea Party values on the country long before the Tea Party even existed. In 2000, Flake signed a position statement claiming that the Departments of Commerce and Housing and Urban Development, in addition to the National Endowments for the Arts and for the Humanities, “should be abolished, per the tenth amendment of the US Constitution.” For the record, nothing in the Tenth Amendment renders any of these things unconstitutional.

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