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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Tuesday, April 10, 2018

Best Comments on the Z Hearing

Rich Galen is an old pal from the Hill.


A bonus joke for Seinfeld fans:


Monday, April 9, 2018

Congress and Fiscal Politics

What happens if the US government defaults on the federal debt?


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

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
-- U.S. Constitution, Article I, section 8, clause 12

“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

What follows would baffle a Martian.

Part 1: Authorization

Part 2: Appropriation
Part 3:  "The Budget Process" and key documents:




Part 4:  Mandatory and Discretionary Spending

Part 5:  Revenue Bills

Part 6:  The Debt Ceiling


Revenues -- Where the money comes from:





The tax system is a lot more progressive than most people realize:  


Tax expenditures

Outlays -- Where the money goes:

Budget tables:  function, subfunction, agency

No, we cannot balance the budget by catching Social Security fraud: only 13 people aged 112 or older are getting checks.

Debt, last year's projection:







Saturday, April 7, 2018

Facebook's CEO, Mark Zuckerberg, Goes to Congress

https://www.washingtonpost.com/news/the-switch/wp/2018/04/06/facebooks-zuckerberg-long-resisted-going-to-congress-now-hell-face-a-reckoning-lawmakers-say/?utm_term=.85e79f0d04e1

Mark Zuckerberg will be testifying in two congressional hearings this week. This will be very interesting to see since Facebook is under investigation all over the world because of their privacy issues, which can have huge implications for the entire tech industry. Many lawmakers want to confront Facebook, “We can no longer go with the mantra ‘trust us’ because they have proven untrustworthy,” Blumenthal said about Facebook." I was surprised to see the responses of many Senators in this article about the big tech companies: Google, Facebook, and Amazon. 

I wonder how these hearings will turn out and what Congress will try passing as a result of that. What do you all think about this situation? 

Thursday, April 5, 2018

Contempt of Congress: A Coda (CAUTION: STRONG LANGUAGE)

CNN reports:
Corey Lewandowski had a blunt message for Democrats on the House Intelligence Committee: He wasn't going to answer their "fucking" questions.
Lewandowski, President Donald Trump's former campaign manager, was the final witness in the yearlong House investigation that descended into vitriol and back-biting -- ultimately resulting in two separate partisan reports that will leave the American public no closer to learning how the Russians interfered in the 2016 elections.
But Lewandowski, who agreed to come back to the committee a second time in March after initially refusing to answer questions about topics occurring once he left the campaign in June 2016, was in no mood to give Democrats anything they wanted, saying he would only answer "relevant" questions.
And, according to four sources with direct knowledge of the situation, the Trump confidante repeatedly swore at Democratic lawmakers to make the point he wasn't going to talk further.

I'm not answering your "fucking" question, Lewandowski shouted at one point.

Wednesday, April 4, 2018

Courts and Congressional Oversight

Fifty years ago today, Robert Kennedy gave what was probably the greatest extemporaneous speech by an American:



Supreme Court nominations

  • The modern era of SCOTUS fights started 50 years ago, with Fortas
  • March 16, 1970: As the Senate is considering he nomination of Judge G. Harrold Carswell to fill the Fortas seat, Senator Roman Hruska (R-NE) says in a TV interview, "Even if he [Carswell] were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they? We can't have all Brandeises and Frankfurters and Cardozos."

SEE THURBER 184-189





Merrick Garland and "the Biden Rule" (Thurber 182)

Gorsuch and the nuclear option (Davidson 368-369)

Mitch McConnell on judgeships

Blue Slips and Senatorial Courtesy (Davidson, 369)

From The Washington Examiner:
A home state senator historically has been able to block a judicial nominee by deciding not to return a blue slip of paper to the chairman of the Senate Judiciary Committee under the "blue slip" tradition.
“With many states in the 9th Circuit having two Democratic senators, it makes it tricky to get through committee with the way the parliamentary games are played in the Senate,” [Cato legal scholar Ilya] Shapiro said.
The blue slip tradition has been honored differently by past chairmen of the Senate Judiciary Committee, and Sen. Chuck Grassley, R-Iowa, the current chairman, has held committee hearings and votes on two judicial nominees despite unreturned blue slips.
“If you look at where the vacancies are, it’s not as easy as it might look,” [University of Richmond law professor Carl] Tobias said.
Three of the seven vacancies on the 9th Circuit, for example, are in California, which has two Democratic senators, Sen. Dianne Feinstein, D-Calif., the Senate Judiciary Committee’s top Democrat, and Sen. Kamala Harris, D-Calif., a member of the committee and a possible presidential candidate in 2020.
Already, Feinstein has indicated Trump may face a difficult path if he were to nominate conservative judges to the 9th Circuit.
“It’s no secret that President Trump and Republicans want to reshape the 9th Circuit and we will not accept unwarranted, partisan attacks on our courts,” she said in a statement on Reinhardt’s death. “I am fully committed to ensuring that 9th Circuit nominees reflect our state’s communities and values and are well-regarded by their local bench and bar.”
Suing the president... a Stag (Liz Wydra `98) explains it all:



Problems with oversight:

Capacity (Connelly 122-124)

Staffs.......1995.......2015

CRS.........746..........609
GAO.....4,572.......2,989
CBO.........214.........235

Hearings in the Contemporary Congress (Colbert at about 5:00).    See Thurber 135.




A hearing goes very, very bad.

Contempt of Congress (Connelly 110-112):

Monday, April 2, 2018

Congress and the Courts

The Ultimate Simulation:  The Stanford Prison Experiment








What happens when the court declares a law unconstitutional?

Statutory interpretation (Davidson 355-357): special ed cases


Checks on the Judiciary


  • Court-stipping (Davidson, 358-59) and Patchak v. Zinke


  • Impeachment:  most impeachment trials have involved judges


  • Court organization and administration


  • Constitutional amendments

  • US Courts of Appeal

    Supreme Court nominations

    • The modern era of SCOTUS fights started 50 years ago, with Fortas
    • March 16, 1970: As the Senate is considering he nomination of Judge G. Harrold Carswell to fill the Fortas seat, Senator Roman Hruska (R-NE) says in a TV interview, "Even if he [Carswell] were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they? We can't have all Brandeises and Frankfurters and Cardozos."



    Politico: ‘It sucks’: Senators fume over McConnell’s tight grip



    Mitch McConnell's use of his power as Senate Majority Leader to limit debate, floor amendments, roll call votes, etc. is frustrating both Republican and Democratic senators - especially new senators - who want open debate on key issues. Each year under McConnell, the Senate votes on fewer amendments. Now, senators are beginning to accept this is as the new normal (senators have filed a little over 1,000 amendments through September, while senators in the previous two-year Congress filed over 5,000).

    McConnell, who spent years in the minority party and experienced the frustration many are now feeling under his rule, promised that as Leader he would bring back a "free-wheeling Senate."

    https://www.politico.com/story/2018/04/02/mitch-mcconnell-republican-senators-frustration-489762

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