ABOUT THIS BLOG

I shall post videos, graphs, news stories, and other material there. We shall use some of this material in class, and you may review the rest at your convenience. You will all receive invitations to post to the blog. (Please let me know if you do not get such an invitation.) I encourage you to use the blog in these ways:
To post questions or comments about the readings before we discuss them in class;
To follow up on class discussions with additional comments or questions.
To post relevant news items or videos.

There are only two major limitations: no coarse language, and no derogatory comments about people at the Claremont Colleges.


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Saturday, December 3, 2016

Luring Red-State Democrats into the Cabinet

The Trump transition team is eyeing Joe Manchin for Secretary of Energy. This is likely an extension of the strategy behind picking Heidi Heitkamp for a Cabinet position.

http://www.politico.com/blogs/donald-trump-administration/2016/12/trump-joe-manchin-for-energy-secretary-232068

Friday, December 2, 2016

Trump and the Power of Diplomatic Recognition: US and Taiwan

Well, we talked about this possibility in class but even then it was in relation to US-Cuba relations:  With a single phone call Trump has put into question the future of US-China/US-Taiwan diplomatic relations. http://www.bbc.com/news/world-us-canada-38191711 This is the BBC article, but CNN, ABC, FOX, Huffington Post, and many others have reported on the story.

While Trump did not officially recognize Taiwan, or even physically receive a foreign diplomat from the the government of Taiwan, the phone call still breaks decades of tradition in relation to our country's support of the "One-China" Policy. 

On a side-note, but possibly of political interest, it has been reported that Trump wants to build luxury hotels and resorts in Taiwan. http://shanghaiist.com/2016/11/18/trump_taiwan_expand.php.

Here are articles from the WSJ and the Hill on the subject that I think also give a good picture of the situation: 
http://thehill.com/blogs/blog-briefing-room/news/308559-trump-makes-history-with-phone-call-to-taiwan-leader
http://www.wsj.com/articles/donald-trump-spoke-with-taiwan-president-tsai-ing-wen-1480718423

Maybe this means nothing for the future of our foreign relations with China and is just a possible signal of Trump's political tactlessness, or maybe this is a reflection of Trump's anti-China rhetoric we saw on the campaign (in relation to outsourcing jobs and such).

Followup to Our Discussion of the War Power

Trump has said that he will nominate retired Marine General James Mattis to be Secretary of Defense. Congress must pass a special waiver for the nomination to go through.  The National Security Act of 1947 said that anyone “who has within ten years been on active duty as a commissioned officer in a Regular component of the armed services shall not be eligible asSecretary of Defense.”  In 2008, Congress reduced the period to seven years, but Mattis retired only three years ago.

Congress has waived the law once. From the 1950 CQ Almanac:
The House and Senate Sept. 15 gave final approval to a special bill (HR 9646) which would allow Gen. George C. Marshall to be appointed as Secretary of Defense. The President signed the bill Sept. 18 and submitted Marshall's appointment to the Senate for confirmation. The Senate confirmed Marshall Sept. 20 (see p. 355).
The bill set aside a provision in the National Security Act (Unification Act) of 1947 barring from the post of Secretary of Defense any person who had served as an officer in the Armed Forces during the past ten years. The exemption applies only to Marshall. The bill fixed Marshall's pay as his Army retirement pay plus the amount over that figure ordinarily paid a Cabinet member.
The bill passed, but of those GOP House members and senators who cast a yea or nay vote, a majority opposed the waiver.

In the Senate, Democrats supported the bill 37-1 while Republicans opposed it 10-20. 

In the House, Democrats supported the bill 192-5, while Republicans opposed it 27-100.

Senator Robert A. Taft of Ohio, "Mister Republican," explained:
The Secretary of Defense should be a civilian. No one even disputes the fact that this basic principle of the unification act [The National Security Act of 1947] is right ... General Marshall, like anyone who has served all his life in the Army, has certain definite views to which he is committed. Human nature being what it is, he must always be in the position of defending and justifying the policies he has supported in the past. An officer of one of the services, such as the Army, must inevitably be more interested in its operation than in that of the other two forces, such as the Navy and the Air Force. This is one of the reasons why the Secretary should be a civilian.

Thursday, December 1, 2016

Graham, McCain unveil 'fix' to 9/11 Saudi law

http://www.politico.com/story/2016/11/graham-mccain-saudi-arabia-911-232026

"Passing any fix to the law during the lame duck session would require the unanimous consent of all 100 senators, a tall order considering Congress hopes to recess next week for the rest of the year."

How often does Congress pass "fixes" to laws? What are other examples of imperfect laws that were passed hurriedly and overwhelmingly, similar to JASTA?

Congress, the President, and the War Power

Prologue:  nuclear war

Steps in launching a nuclear war

(No, the 25th Amendment is not much of a remedy)




Hamilton in Federalist 8: "It is of the nature of war to increase the executive at the expense of the legislative authority."

Tocqueville, p. 126: "If the Union’s existence were constantly menaced, and if its great interests were continually interwoven with those of other powerful nations, one would see the prestige of the executive growing, because of what was expected from it and of what it did."

Politics
The Constitution:

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
 To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
Article II, section 2:
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States;
CRS explains that a declaration of war has enormous legal consequences
[A] declaration of war automatically brings into effect a number of statutes that confer special powers on the President and the Executive Branch, especially concerning measures that have domestic effect. A declaration, for instance, activates statutes that empower the President to interdict all trade with the enemy, order manufacturing plants to produce armaments and seize them if they refuse, control transportation systems in order to give the military priority use, and command communications systems to give priority to the military. A declaration triggers the Alien Enemy Act, which gives the President substantial discretionary authority over nationals of an enemy state who are in the United States. It activates special authorities to use electronic surveillance for purposes of gathering foreign intelligence information without a court order under the Foreign Intelligence Surveillance Act. It automatically extends enlistments in the armed forces until the end of the war, can make the Coast Guard part of the Navy, gives the President substantial discretion over the appointment and reappointment of commanders, and allows the military priority use of the natural resources on the public lands and the continental shelf. 
There have been 11 declarations of war.

Use of military force abroad (usually without a declaration of war)

The War Powers Resolution


Perspectives changes once a candidate becomes a president:



AUMF after 9/11



The Iraq War Resolution

President Obama's Libya letter

Senator Obama on War Powers: 

President Obama on war powers:



AUMF Today