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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Monday, April 29, 2024

Back to the Start

No class Wednesday: comp time for the extra hours you spent on simulation.

Papers for graduating seniors due Wednesday night at 11:59 pm.

Papers for all others due Friday at 11:59 pm.

Stylistic reminders

Review of the Dualities:

Two chambers: House v. Senate
Two Congresses: Policy priorities v. constituent priorities
Two parties:  GOP v. Dems

Life Lessons

Simulation?

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 what         we want them to think."


Wednesday, April 24, 2024

Foreign Policy and National Security

This morning:


Class ends at noon for course evaluations

For next Monday, read Davidson, ch. 16.

No class next Wednesday (simulation comp day!)

Please remember  your last writeups this week.

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;

War and Intelligence

Prologue:  Steps in launching a nuclear war


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 -- From CRS:

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.

 

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Intelligence Budget

The foreign aid package:


From WP:

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.”

 Ukraine vote in House

Impact of Russian disinformation

Israel vote in House (the horseshoe theory)

(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.)

Senate concurs, sends to POTUS



Monday, April 22, 2024

Foreign Policy and National Security

Today, we end at 12:10 because I have a noon meeting.

For next time: coverage of the aid bill in The Washington Post and The New York Times.

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:

Foreign Affairs Generally

Treaties and International Agreements (Davidson 427-428)

War and Intelligence

(FY)
1962.................49.0%..........8.9%
1972.................34.3%..........6.5%
1982.................24.8%..........5.6%
1992.................21.6.............4.6%
2002.................17.3%..........3.2%
2012.................19.2%..........4.2%
2022.................12.2%..........3.1%
2023.................13.4%..........3.0%
2024.................13.1%..........3.2%


Prologue:  Steps in launching a nuclear war

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 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 -- 
From CRS:
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.

Wednesday, April 17, 2024

Domestic Policy: Drugs and Energy

For Monday, Davidson, ch. 15.

DRUGS

Senators Orrin Hatch, Harry Reid, Barbara Boxer, Charles Grassley, Don Nickles, and Massachusetts Governor Bill Weld in Traffic (2000)


The Early Days: WAR changes things

Civil War wounded warriors develop opiate addictions

1897 Sears Catalog

1885 ad:





War and Race

Legislation
Prohibition





Public Opinion

War on Drugs 1971

John Ehlichman:

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.”

The Controlled Substances Act of 1970

DEA 1973

The Len Bias Law of 1986

Rudy and Alfonse go undercover  in very convincing disguises

Drug Czar 1988

Crack 1989

The bag at 1 minute in, the response at 25 minutes



Monday, April 15, 2024

Economic Policy

 Wednesday readings will be on Sakai later today.

A few questions

  • Suppose your income places you in the 22% bracket.  How much of your income do you think is taxed at a rate of 22%?
  • Agree or disagree: large tax refunds are a good thing.
  • What tax rate applies to the top US federal income tax bracket?
  • How much do you think the top 1% of taxpayers by income account for in terms of share of total federal income taxes paid?

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.

Authorization (Davidson 398)
  • Reauthorization as a form of oversight
  • Lapsed authorizations:

Appropriation
  • Also a form of oversight 


"The Budget Process" and key documents:

Revenue Bills and RECONCILIATION (Davidson 408-409)

Revenues -- Where the money comes from:




Average Federal Tax Rates, by Income Group, 1979 to 2019

 

Average Federal Tax Rates, by Tax Source, 2019

Percent




Tax expenditures

Outlays -- Where the money goes:

Percentage of GDP












Sunday, April 14, 2024

Last Paper

 Answer one of the following:

  • The authors of Congress and Its Members finished 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.

Wednesday, April 10, 2024

Impeachment and Judiciary

For Monday, read Davidson ch. 14.  What domestic issues do you want to discuss on Wednesday of next week?

Trump Impeachment I


The J6 Committee




Court-packing  (Davidson 347-348).

A check on the court:  jurisdiction-stripping, or court-stripping (Davidson 344-345 -- a 2020 article)

Constitutional Amendments

Response to statutory (vs. constitutional) interpretation (Davidson p. 363)  Lilly Ledbetter Fair Pay Act and ADA

Supreme Court Nominations (355-356)

Clarence Thomas:




In hearings, senators try to get judicial nominees on the record.  NOTE WHAT ALITO SAYS (START AT 18:45) ABOUT STARE DECISIS.





Merrick Garland and "the Biden Rule" 

Gorsuch and the nuclear option 

KBJ




Blue Slips and Senatorial Courtesy (Davidson, 357)


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