This blog serves my Congress course (Claremont McKenna College Government 101) for the spring of 2024.
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.
In all bodies, those who will lead must also, in a considerable degree, follow. They must conform their propositions to the taste, talent, and disposition of those whom they wish to conduct; therefore, if an assembly is viciously or feebly composed in a very great part of it, nothing but such a supreme degree of virtue as very rarely appears in the world, and for that reason cannot enter into calculation, will prevent the men of talent disseminated through it from becoming only the expert instruments of absurd projects! If, what is the more likely event, instead of that unusual degree of virtue, they should be actuated by sinister ambition and a lust of meretricious glory, then the feeble part of the assembly, to whom at first they conform, becomes in its turn the dupe and instrument of their designs. In this political traffic, the leaders will be obliged to bow to the ignorance of their followers, and the followers to become subservient to the worst designs of their leaders.
Mickey Edwards: "People think what they think, not whatwe want them to think."
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;
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."
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.
During US operations in Kosovo, Rep. Tom Campbell (R-CA) and colleagues went to court to enforce the War Powers Act. CRS picks up the story:
On May 25, 1999, the 60th day had passed since the President notified Congress of his actions regarding U.S. participation in military operations in Kosovo. Representative Campbell, and those who joined his suit, noted to the federal Court that this was a clear violation of the language of the War Powers Resolution stipulating a withdrawal of U.S. forces from the area of hostilities after 60 days in the absence of congressional authorization to continue, or a presidential request to Congress for an extra 30 day period to safely withdraw. The President did not seek such a 30 day extension, noting instead his view that the War Powers Resolution is constitutionally defective.
On June 8, 1999, Federal District Judge Paul L. Friedman dismissed the suit of Representative Campbell and others that sought to have the court rule that President Clinton was in violation of the War Powers Resolution and the Constitution by conducting military activities in Yugoslavia without having received prior authorization from Congress. The judge ruled that Representative Campbell and the other congressional plaintiffs lacked legal standing to bring the suit. On June 24, 1999, Representative Campbell appealed the ruling to the U.S. Court of Appeals for the District of Columbia. The appeals court subsequently agreed to hear the case on an expedited basis before Judges Silberman, Randolph, and Tatel. On February 18, 2000, the appeals court affirmed the opinion of the District Court that Representative Campbell and his co-plaintiffs lacked standing to sue the President.76 On May 18, 2000, Representative Campbell and 30 other Members of Congress appealed this decision to the United States Supreme Court. On October 2, 2000, the United States Supreme Court, without comment, refused to hear the appeal of Representative Campbell, thereby letting stand the holding of the U.S. Court of Appeals.
One Republican House member recalls: “I’ll never forget Johnson one time said, ‘I’ve gone from representing my district only to representing the entire [House] and the country.’ For someone to go from where he was to where he is now as quickly as he did … is remarkable.”
From NYT:
Mr. McCaul, who repeatedly huddled with Mr. Johnson and the chairmen of the other congressional national security committees in a secure room of the Capitol where lawmakers can review classified material, described Mr. Johnson’s journey as “transformational.”
(The rule bundled these separate votes into amendments to HR 815): "Provides that upon disposition of H.R. 8034, H.R. 8035, H.R. 8036, and H.R. 8038, the House shall be considered to have concurred in the Senate amendment to H.R. 815 with an amendment consisting of the text of H.R. 8034, H.R. 8035, H.R. 8036, and H.R. 8038, as passed by the House, if passed by the House.)
Course evaluations at the end of next class. Bring your devices.
On January 12, 1991, House Speaker Tom Foley (D-WA) spoke about the impending Gulf War. Click for video of their remarks, so you can see what grownups look like:
CRS on Reservations: "After the Senate has begun considering this resolution, amendments proposing to change the text of the treaty itself are no longer in order. Senators may amend the resolution of ratification, however, by attaching to it reservations, declarations, statements, or understandings that can affect the interpretation or implementation of the treaty."
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."
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;
[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.
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.
1909 – Smoking Opium Exclusion Act Banned the importation, possession and use of "smoking opium". Did not regulate opium-based "medications". First Federal law banning the non-medical use of a substance.
You want to know what this was really all about?” he asked with the bluntness of a man who, after public disgrace and a stretch in federal prison, had little left to protect. “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.” — U.S. Constitution, Article I, section 9, clause 7
The authors of Congress and Its Membersfinished writing the 19th edition in mid-2023. Pick any chapter in the book and write a three-page update. What events of the past year -- other than the election of a new speaker -- should materially change their analysis when they write the 20th edition?
Pick either Mike Johnson or Hakeem Jeffries. What practical, politically feasible steps can he take to prevent a government shutdown this fall? And why would he want to?
Read the famous Evans-Novak essay on LBJ's leadership of the Senate in the 1950s. (On Sakai). To what extent could "the Johnson system" succeed in today's Senate?
You may also write on a relevant topic of your choice, subject to my approval.
Essays should be typed, double-spaced, and no more than three pages long. I will not read past the third page.
Submit papers as Word documents, not pdfs or Google docs.
Cite your sources with endnotes in standard Turabian format. Endnote pages do not count against the page limit.
Misrepresenting AI-generated content as your own work is plagiarism and will result in severe consequences.
Watch your spelling, grammar, diction, and punctuation. Errors will count against you -- especially errors that I have noted on previous papers.
Graduating seniors should return papers to the Sakai dropbox for this class by 11:59 PM, Wednesday, May 1. All others should return papers by 11:59 PM, Friday, May 3.
The Founders knew about the possibility of crooked presidents:
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.
Alexander Hamilton (in Federalist No. 72)
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.
The Fifth Amendment says no person shall "be deprived of life, liberty, or property, without due process of law." Impeachment merely removes a person from office.
Actions in the Public Sphere: moves by members of Congress that catch the attention of alert publics. Besides legislation (duh), the moves could include:
