Give Thanks--Texans Running Texas Prisons Again: The oldest prison reform lawsuit in the history of the United States, the Ruiz case, ended this week when federal District Judge William Wayne Justice quietly signed a one page order dismissing the entire case. This is a monumentally important event that we must not let pass without careful thought and thanks.

The importance of ending the Ruiz case is especially vivid when you remember the television images from ten years ago showing hoards of jeering criminals whooping and laughing at us as they poured out of the open doors of the Harris County Jail. Remember how virtually every elected official in Texas said we were powerless to stop this flood of early releases because of the omnipotence of one federal judge?

The only reason Judge Justice signed that order ending the case is because he had no other choice. The American Bar Association honored him last summer because he is a brilliant jurist who personifies liberal judicial activism. For thirty years, Judge Justice has fought tenaciously and defeated every attempt to limit, much less end, his total control over the Texas prison system. He imposed population caps and thousands of other management controls that led to the early release of thousands upon thousands of dangerous criminals. He gave the San Francisco based ACLU lawyers for the inmates virtually everything they asked for, including tens of millions of Texas tax dollars in lawyer fees.

Those who believe Texans should run Texas should take great encouragement from the one page order Judge Justice signed this week because it represents the victory of our republican form of government over perpetual judicial rule. I have had the great privilege of spearheading the effort to end Judge Justice's one man rule, so I know we defeated the very best efforts our liberal opponents could throw at us. I know Judge Justice is sincerely and honestly dedicated to his principles as a liberal judicial activist, and that he has been an extraordinarily capable and determined opponent of my 11 year effort to take back control over Texas prisons. But we won. Here's how we did it, and who we owe a deep debt of gratitude.

The late Pam Lychner organized crime victims into Justice for All, and she became an absolutely tireless advocate for our work to end the Ruiz case. Her last public appearance was in May 1996, at a fundraiser we organized for The Fund to Take Back Texas Prisons. Generous donors that night helped us raise enough money to hire private lawyers to get around Attorney General Dan Morales' blockade and successfully sue Judge Justice in his own courtroom. State Senator J. E. "Buster" Brown joined me as an intervenor in the Ruiz case that year, and it was our intervention that forced all of the events that led to that vital one page order of dismissal that Judge Justice signed this week. Pam was indispensable to our successful launch, and my only regret is that she is not here with us to share this great victory or to share our pride in Justice for All's continued effectiveness in the realm of victims' rights.

Senator Brown and I had to pass a state law in 1991, HB 124, and then the Republican Congress had to pass a federal law in 1996, the Prison Litigation Reform Act (PLRA), to box Judge Justice in so he had no choice but to surrender his control. Congressman Tom DeLay and former Congressman Bill Archer were vital to the success of the PLRA in the U.S. House, and Texas' U. S. Senators Phil Gramm and Kay Bailey Hutchison were vital to the PLRA's passage in the Senate.

Texas' Governor George W. Bush and his General Counsel Alberto Gonzales helped us encourage the Texas Congressional delegation to support the PLRA, and supported our lawsuit to bypass Morales' blockade. We were very fortunate we could hire a superb legal team made up of Greg Coleman, Eddy Daniels and T. Gerald Treece, who are all brilliant and principled attorneys who share our commitment to the Tenth Amendment to the U. S. Constitution and its promise to let Texans run Texas.

We are also in debt to Houston talk show host Jon Matthews of KSEV, AM 700. Jon stood behind us every step of the way, and he explained over and over again the complex and difficult legislative, political and legal steps we had to take over the last 11 years to win this battle.

We also owe a debt of gratitude to the editorial board of the Houston Chronicle. The editorial board patiently listened to my complicated explanations of what I was doing, printed my often too long editorials, and always came out in support of my work to take back Texas prisons.

The greatest lesson we can take away from this is the importance of Winston Churchill's advice to the graduating class at Yale University one year when the Prime Minister's entire commencement speech was, "Never give up. Never give up. Never, never, ever give up."

Taskforce To Monitor New Homeland Security Department: I recently joined in forming the Republican Study Committee’s Security First Taskforce. This Taskforce will monitor the creation of the Department of Homeland Security, ensuring that the new department remains true to President Bush’s vision of improved homeland security without creating a bloated new bureaucracy.

As the President’s proposal makes its way through the legislative process in the House and Senate, the Security First Taskforce will analyze whether each committee’s recommendation remains true to the President’s vision.

The criteria for the Taskforce’s evaluation system are as follows:

• Does the recommendation actually strengthen homeland security, as the President proposed?
• Does the recommendation hold the line on the federal budget and the size of the bureaucracy, as the President proposed?
• Does the recommendation include adequate protections for civil liberties, as the President proposed?
• Does the recommendation include reasonable measures to ensure accountability and flexibility, as the President proposed?

Other Members of the Security First Taskforce include:

Rep. Mike Pence (chairman) – Indiana
Rep. Ernest Istook – Oklahoma
Rep. Melissa Hart – Pennsylvania
Rep. Jeff Flake – Arizona
Rep. Roscoe Bartlett – Maryland
Rep. Bob Barr – Georgia
Rep. Jim Ryun – Kansas
Rep. Pat Toomey – Pennsylvania
Rep. Van Hilleary – Tennessee
Rep. Tom Tancredo – Colorado

National Taxpayers Union: Recently, the National Taxpayers Union (NTU) awarded me with the "Taxpayers' Friend Award" based upon my 2001 votes affecting fiscal policy. The NTU gave me the grade of "A" indicating that I am one of the strongest supporters of fiscal discipline in the United States Congress.

I am proud to have earned the highest grade awarded by the NTU for constantly voting to reduce and control the burden on American taxpayers. As a member of the Budget Committee, I am committed to holding spending levels strictly to the rate of inflation.

Each year, the NTU uses a Taxpayer Score method to rate Members of Congress on votes that significantly affect taxes, spending, debt, and regulatory burdens on consumers and taxpayers. The score method measures the strength of a Member's support for reducing government spending and regulation, and opposing higher taxes. A higher score indicates that a Member voted to lessen or limit the burden of taxpayers. Members that score an "A" are rewarded with the "Taxpayers' Friend Award."

In 2001, the average pro-taxpayer score in the House of Representatives was 41% – down from 2000’s mark of 45%. Sixty-five out of a possible 535 lawmakers attained scores sufficient for the grade of "A", while 235 earned the title of "Big Spender" for posting "F" grades. Senator Hillary Rodham Clinton earned the dubious honor of being the lowest-scoring member of the Senate in 2001, with 3%. Her score was the worst score for a Senate freshman in their first year ever recorded by NTU.

The 335,000-member National Taxpayer Union is a non-profit, non-partisan citizen organization working for lower taxes, less wasteful spending, taxpayer rights, and accountable government at all levels.

Income Tax Exemption for Military Personnel: I introduced H.R. 4974, a bill that would exempt military personnel from paying income tax while on active duty. My bill would amend the Internal Revenue Code of 1986 to exclude from income taxation all compensation received for active service as a member of the Armed Forces of the United States.

Status: The bill has been referred to the House Ways and Means Committee.

My position: I recently spent some time aboard the USS Harry S. Truman in order to see firsthand the daily operations of our men and women in uniform. While visiting, I asked our soldiers what I could do as a member of Congress to improve their way of life. Their response was simple: increase salaries and lower income taxes so they can better provide for themselves and their families. The simple fact that soldiers on active duty are required to pay income tax is unacceptable and needs to stop, and this is why I have introduced a bill today that would exempt all of our Armed Forces personnel from paying income tax while on active duty.

Arming Pilots as Last Line of Defense Against Terrorist Hijackings: H.R. 4635, the Arming Pilots Against Terrorism Act, authorizes a two-year test period when properly trained airline pilots could be armed with handguns.

The two-year trial period will begin within two months of the bill’s implementation when the first 250 pilots have been deputized to carry guns. Preference will be given to pilots who have formerly served in the military or law enforcement, but participation will be voluntary.

Before being deputized with firearms, pilots will undergo Transportation Security Administration (TSA) training. The TSA will be responsible for establishing protocols for carrying guns, including where they will be stored and what type will be used. When the two-year test period ends, the TSA will issue a report to Congress and decide whether to continue, expand or terminate the program. Also included in the bill is a provision for flight attendant self-defense training.

Status: On July 11, H.R. 4635 passed the House by a vote of 310-113.

My Position: Arming pilots is crucial because in the event of a terrorist hijacking, a pilot may be the last line of defense before an F-16 is forced to shoot down a commercial airliner. I supported this bill because I trust the experience and professionalism of the pilots flying the aircraft I am on because we already put our lives into their hands each time we board an aircraft.

The ongoing threat of terrorism is real, with many terrorist cells teaching their followers how to hijack and fly commercial airliners. We took another important step to give pilots a fighting chance if terrorists try to duplicate the acts of September 11.

Tax Limitation Amendment: A Constitutional Amendment that would limit Congress’ ability to raise taxes. It requires a 2/3 supermajority—instead of a simple majority—vote in Congress before raising our taxes. The Tax Limitation Amendment states that any bill, resolution, or other legislative measure changing the internal revenue laws will require the support of two-thirds of the Members of each House. Congress may waive the 2/3 requirement when a declaration of war is in effect.

Status: On Wednesday, June 12, the bill failed the House with a majority vote of 227-178 because a Constitutional Amendment must pass Congress by a 2/3 vote before it is passed onto the states for ratification.

My position: I believe that it is all too easy to raise spending here in Washington, and that is why it is essential to limit Congress’ ability to raise taxes. A tax limitation amendment will force Congress to focus on controlling spending and will limit its ability to increase taxes. The power to tax is the power to destroy.

The other Constitutional Amendment that I am working to help pass is a balanced budget amendment that will require the federal government to pass a balanced budget every year.

Marriage and Death Tax: H.R. 4019 provides that the marriage penalty relief provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall be permanent.

H.R. 2143 repeals the sunset affecting the death tax so that the provision repealing the death tax in H.R. 1836, the Economic Growth and Tax Relief Reconciliation Act of 2001, passed by the Congress last spring. H.R. 2143 guarantees the permanent repeal of the death tax in the year 2010 and thereafter.

The original intent of the Economic Growth and Tax Relief Reconciliation Act of 2001 was to provide permanent relief for all taxpayers by lowering tax rates, reducing the marriage penalty, doubling the per child tax credit, and increasing IRA contribution limits. Senate Democratic opponents used a technical Senate rule to force the act to sunset December 30, 2010. As a result, every taxpayer faces an enormous federal tax increase on January 1, 2011, whereupon tax levels will return to levels prior to last years tax cut law. H.R. 586 repeals the sunset and makes the tax cuts permanent.

Status: On June 13, H.R. 4019 passed the House by a vote of 271-142. On June 6, H.R. 2143 passed the House by a vote of 256-171.

My position: It is vitally important to our economy that Congress make the Bush tax cut, which includes the marriage and death tax repeals, for working Americans permanent. The House has done their part, and now it is up to the Senate to guarantee the future of our nation’s economy. If the Senate fails, then on January 1, 2011, Americans will face one of the largest tax increases in history. The death tax will be resurrected, the child credit will be cut, and the marriage penalty will be ushered back in."

Last year when the federal government experienced a tax surplus, the Republicans returned the money to the rightful owners—hard working Americans. Democrats wanted to spend it. The only way the Democrats know how to take that money back is to sunset the tax relief because they cannot resist spending our tax dollars. After all, they spend money like water from a fire hose.

If you would like to hear me discuss these issues and more at length, please tune-in to Jon Matthews' show on KSEV AM700 every Friday morning at 8a.m.

June press releases: http://www.house.gov/culberson/June2002releases.htm

July press releases: http://www.house.gov/culberson/July2002releases.htm

Photos: http://www.house.gov/culberson/photo.html

Op/ed: http://www.house.gov/culberson/Ruizcaseclosed.htm

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Thank you for entrusting me to represent you in the United States Congress.

Sincerely,

John Culberson