Review of the Dualities:
For our last class on Tuesday:
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;Article II, section 2:
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;
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.
The War Powers Resolution (P.L. 93-148) was enacted over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the “President in every possible instance shall consult with Congress before introducing” U.S. Armed Forces into hostilities or imminent hostilities.
From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action completed and U.S. armed forces had disengaged from the area of conflict when the report was made.
Current Issues
Today, we end at 12:05 because I have a noon meeting.
For next time: Thurber, ch. 10.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;Article II, section 2:
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;
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.
The War Powers Resolution (P.L. 93-148) was enacted over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the “President in every possible instance shall consult with Congress before introducing” U.S. Armed Forces into hostilities or imminent hostilities.
From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action completed and U.S. armed forces had disengaged from the area of conflict when the report was made.
Questions on the assignment?
Note: the term is cosponsor, not co-sign.
For next time:
The removal of congressional earmarking does not make earmarking going away. It simply transfers that power and that practice from the legislative branch to the executive branch. Presidents—and their appointees—engage in pork-barrel politicking (earmarking) in the same way Congress does. Reforming the process in Congress by curtailing the practice of earmarking simply shifts that power more explicitly to a president and a cadre of unelected bureaucrats in government. Eliminating earmarking is a serious abdication of power by Congress which empowers a branch of government beyond what the Founders intended.Regulatory Politics
Social insurance, like commercial insurance, is about protection against financial risk. It is “insurance” in the sense that people contribute to a fund to protect themselves against unpredictable financial risks. These include outliving one’s savings in old age, the early death of a breadwinner, the onset of a disability that makes work difficult if not impossible, the high costs of acute illness, involuntary unemployment, and work-related injury. Yet unlike with commercial insurance, contributions are not prices in a market and thus do not depend on the contributor’s risk profile (unless commercial regulations say otherwise, in essence creating “social” insurance through the backdoor). Instead of a contract between an enrollee and an insurer, social insurance is a system of shared protection among the insured, most comparable to mutual insurance in the commercial realm, with contributions made in proportion to one’s market income. In social insurance, the “insurer”—whether a government agency or a corporate body with a joint labor-management board—is the agent of the contributing enrollees. And unlike commercial insurance, the social insurance “contract” mandates participation by law, since otherwise adverse selection would cause its unraveling.Poverty Rate by Age
Answer one of the following:
For Thursday, Thurber, ch. 11
Constitutional Provisions
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.”
— U.S. Constitution, Article I, section 7, clause 1
Percentage of Gross Domestic Product
Percent
Percentage of GDP
New @AP poll neatly captures the paradox of budget politics. Americans say abstractly the government should cut spending, but show them the list of things it actually spends money on and they say nice, spend more on that.https://t.co/lSYaIJjxYY pic.twitter.com/2J9J5fbLwe
— Sahil Kapur (@sahilkapur) March 29, 2023
In the news?
For next Tuesday
For next week:
Finishing last time: J6
Court-packing (Davidson 367-368).
For Thursday, Thurber, chapter 8.
Actions in the Public Sphere: moves by members of Congress that catch the attention of alert publics. Besides legislation (duh), the moves could include:
For next Tuesday, Davidson, ch. 12, Thurber ch. 5.
For next Thursday, Thurber, ch. 8.
WHAT IF TRUMP WIN THE PRESIDENCY AND GOES TO PRISON?
Some Review:
NAIL: Nominations, Appropriations, Investigations, Legislation
For next time, Thurber, ch. 6.
LARP v IRL
Vetoes (Davidson 300-303). Biden has not vetoed any bills yet.1— Strongly Support Passage
2— Support Passage
3— Do not Object to Passage
4— No Position on Passage
5— Oppose
6— Strongly Oppose
7— Secretary’s Veto Threat (single and multiple agency)
8— Senior Advisor’s Veto Threat
9— Presidential Veto Threat
Article I, Section 3, Clause 7:
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
An avaricious man, who might happen to fill the office, looking forward to … yield[ing] up the emoluments he enjoyed … might not scruple to have recourse to the most corrupt expedients.An ambitious man, too, when … seated on the summit of his country’s honors, … would be … violently tempted to embrace a favorable conjuncture for attempting the prolongation of his power, at every personal hazard.
Because of a 1 pm meeting, student hour today will be immediately after class. If that time does not work, email me for a Zoom.
NAIL: Nominations, Appropriations, Investigations, Legislation
