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When Inter-Branch Norms Break Down: of Arms-For-Hostages, "Orderly Shutdowns," Presidential Impeachments, and Judicial "Coups"
WHEN INTER-BRANCH NORMS BREAK DOWN: OF ARMS-FOR-HOSTAGES, "ORDERLY SHUTDOWNS," PRESIDENTIAL IMPEACHMENTS, AND JUDICIAL "COUPS" Peter M. Shanet INTRODUCTION . .. .. .. .. .. .. .. .. .. .. .. 503 I. CHECKS AND BALANCES, DEMOCRATIC LEGITIMACY, AND INTER-BRANCH COOPERATION .. .. .. .. .. .. .. .. .. .. .. 505 II. ATTACKING CHECKS AND BALANCES: FOUR EPISODES ............................................ 514 A. ELIMATING CONGRESS'S FOREIGN POLICY ROLE: THE IRAN-CONTRA SCANDAL . .. .. .. .. .. 514 B. SHUTTING DOWN THE EXECUTIVE ESTABLISHMENT: THE 1995 BUDGET SHOWDOWN ..................... 516 C. SUBJUGATING THE PRESIDENT TO CONGRESSIONAL CONTROL: THE CLINTON IMPEACHMENT. .. .. .. 521 D. USURPING THE APPOINTMENTS POWER: THE STONEWALLING OF CLINTON JUDGES................. 526 III. THE CAMPAIGN AGAINST DELIBERATIVE LEGITIMACY AND ITS CAUSES ... .. ... .. .. .. .. ... 533 IV. WHAT NEXT? . .... .. .... .. ... .. .. .. .. .. .. .. .. .. .. 540 INTRODUCTION Future historians of American government surely will take note of a remarkable series of domestic political events around the turn of the Twenty-First Century. Congress impeached a President for lying about a t Joseph S. Platt-Porter, Wright, Morris and Arthur Professor of Law, Moritz College of Law, The Ohio State University and Distinguished Service Professor Adjunct of Law and Public Policy, H. J. Heinz III School of Public Policy and Management, Carnegie Mellon University. I am grateful to Cynthia Farina and Saikrishna Prakash fortheir comments on an earlier draft, and for reactions from Reed -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION Vol. 145 WASHINGTON, FRIDAY, OCTOBER 15, 1999 No. 140 House of Representatives The House was not in session today. Its next meeting will be held on Monday, October 18, 1999, at 12:30 p.m. Senate FRIDAY, OCTOBER 15, 1999 The Senate met at 9:15 a.m. and was lic for which it stands, one nation under God, RESERVATION OF LEADER TIME called to order by the President pro indivisible, with liberty and justice for all. The PRESIDING OFFICER. Under tempore [Mr. THURMOND]. f the previous order, leadership time is reserved. PRAYER RECOGNITION OF THE ACTING f The Chaplain, Dr. Lloyd John MAJORITY LEADER Ogilvie, offered the following prayer: DEPARTMENTS OF VETERANS AF- The PRESIDING OFFICER (Mr. Almighty God, we commit this day FAIRS AND HOUSING AND URBAN DEWINE). The Senator from Idaho. to You. By Your grace, You have DEVELOPMENT, AND INDE- brought us to the end of another work- f PENDENT AGENCIES APPROPRIA- week. Yet there is still so much more TIONS ACT, 2000ÐCONFERENCE to do today. There are votes to cast, GREETING THE CHAPLAIN REPORT speeches to give, and loose ends to be Mr. CRAIG. Mr. President, let me tell The PRESIDING OFFICER. Under tied. In the weekly rush of things, it is you how comforting it is to have our the previous order, the Senate will now so easy to live with ``horizontalism,'' Chaplain, Lloyd Ogilvie, returning to resume consideration of H.R. -
In the United States Court of Appeals for the Second Circuit ______
07-4943-cv IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ____________________ JOHN DOE INC., JOHN DOE, AMERICAN CIVIL LIBERTIES UNION, and AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Plaintiffs-Appellees, v. MICHAEL B. MUKASEY, in his official capacity as Attorney General of the United States, ROBERT S. MUELLER III, in his official capacity as Director of the Federal Bureau of Investigation, and VALERIE E. CAPRONI, in her official capacity as General Counsel to the Federal Bureau of Investigation, Defendants-Appellants. ____________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ___________________ BRIEF OF AMICUS CURIAE, NATIONAL SECURITY ARCHIVE AND ELECTRONIC FRONTIER FOUNDATION IN SUPPORT OF PLAINTIFFS-APPELLEES ___________________ Meredith Fuchs National Security Archive George Washington University 2130 H St. NW, Suite 701 Washington, D.C. 20037 202-994-7000 Marcia Hofmann Electronic Frontier Foundation 454 Shotwell Street San Francisco, CA 94110 415-436-9333 CORPORATE DISCLOSURE STATEMENT In accordance with Fed. R. App. P. 26.1, amicus curiae the National Security Archive discloses that it is a project of the National Security Archive Fund, Inc. The National Security Archive Fund, Inc. is a not-for- profit corporation established under the laws of the District of Columbia. The National Security Archive Fund, Inc. has no parent corporation and no stock, thus no publicly held corporation owns ten percent or more of its stock. The Archive identifies that its general nature and purpose is to promote research and public education on U.S. governmental and national security decisionmaking and to promote and encourage openness in government and government accountability. -
Congressional Committees Roster
HOUSE AND SENATE COMMITTEE MEMBERSHIP Provided below are House and Senate Committee membership rosters with jurisdiction over health programs as of Friday, November 17, 2006. At the time of this printing, only the Senate Democrats have released their Committee assignments. Assignments for the House Committees will not take place until December when Congress reconvenes in the lame-duck session. However, most Members of Congress who were on the Committees before the election will continue to serve. Members whose names are crossed out will not be returning in the 110th Congress. Members whose names are underlined, indicates that they have been added to the Committee. Senate Appropriations Committee Majority Minority Robert C. Byrd, WV - Chair Thad Cochran, MS - Rnk. Mbr. Daniel K. Inouye, HI Ted Stevens, AK Patrick J. Leahy, VT Arlen Specter, PA Tom Harkin, IA Pete V. Domenici, NM Barbara A. Mikulski, MD Christopher S. Bond, MO Harry Reid, NV Mitch McConnell, KY Herbert H. Kohl, WI Conrad Burns, MT Patty Murray, WA Richard C. Shelby, AL Byron L. Dorgan, ND Judd Gregg, NH Dianne Feinstein, CA Robert F. Bennett, UT Richard J. Durbin, IL Larry Craig, ID Tim P. Johnson, SD Kay Bailey Hutchison, TX Mary L. Landrieu, LA Mike DeWine, OH Jack Reed, RI Sam Brownback, KS Frank Lautenberg NJ Wayne A. Allard, CO Ben Nelson, NE Senate Budget Committee Majority Minority Kent Conrad, ND - Chair Judd Gregg, NH - Rnk. Mbr. Paul S. Sarbanes, MD Pete V. Domenici, NM Patty Murray, WA Charles E. Grassley, IA Ron Wyden, OR Wayne A. Allard, CO Russ Feingold, WI Michael B. -
The Cost of Partisan Politics on Minority Diversity of the Federal Bench
Indiana Law Journal Volume 83 Issue 4 Article 11 Fall 2008 Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench Sylvia R. Lazos Vargas William S. Boyd School of Law at the University of Nevada Las Vegas Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Civil Rights and Discrimination Commons, Courts Commons, Judges Commons, and the Law and Politics Commons Recommended Citation Lazos Vargas, Sylvia R. (2008) "Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench," Indiana Law Journal: Vol. 83 : Iss. 4 , Article 11. Available at: https://www.repository.law.indiana.edu/ilj/vol83/iss4/11 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench SYLVIA R. LAZOS VARGAS* INTRODUCTION ..................................................................................................... 1423 I. WHAT ARE THE BENEFITS TO THE JUDICIARY FROM DIVERSITY? ....... .. .. .. .. 1426 A . D escriptive Diversity ........................................................................ 1428 B. Sym bolic D iversity............................................................................ 1430 C. Viewpoint D iversity ......................................................................... -
Crimson in Congress When Senator Barack Obama, Josiah Quincy, on the Occasion of His Ded- J.D
JOHN HARVARD’S JOURNAL more, including eight of $10 million or Harvard Square erupted in his- more). toric fashion on November 4 Invoking Harvard’s fifteenth president, Crimson in Congress when Senator Barack Obama, Josiah Quincy, on the occasion of his ded- J.D. ’91, of Illinois, the first black ication of Dane Hall as HLS’s new home, president of the Harvard Law Review (see page 63), was elected the forty-fourth in 1832, Faust said he had “hailed the president of the United States. In January, at least 38 other alumni (defined for this members of the legal profession for what exercise as graduates of or matriculants in a degree program at the University) will he called their ‘noble exertions and per- be in Washington as members of the 111th Congress. sonal sacrifices…in the interests of the age Democrats remain firmly in control of the Harvard contingent on Capitol Hill. and of society.” That spirit, she said, still Overall, the Crimson ranks will increase from the group of 35 who sat in the 110th animated the school as it produced attor- Congress to a contingent of 38. This total includes 35 Democrats (up six from the neys general, solicitors general, members tally in the last session), but only three Republicans (down three), including Repre- of Congress, governors, and Supreme sentative Thomas E. Petri ’62, LL.B. ’65, of Wisconsin, who remains the sole Republi- Court justices, among others. can member of the House to have graduated from Harvard. The Beyond formal government service, University’s eight new faces include Senate Democrat Mark R. -
How Businesses Could Feel the Bern
HOW BUSINESSES COULD FEEL THE BERN A PRIMER ON THE DEMOCRATIC FRONT-RUNNER February 2020 www.monumentadvocacy.com/bizfeelthebern THE FRONT-RUNNER BERNIE 101 As of this week, Senator Bernie Sanders is leading national Democratic THE APPEAL: WHAT POLLING TELLS primary polls, in some cases by double-digit margins. After another early US ABOUT BERNIE’S MOVEMENT state victory in Nevada, he is the betting favorite to become the nominee. Regardless of what comes next in the primary, the grassroots fundraising prowess and early state successes Bernie has shown means he will remain a ANATOMY OF A STUMP SPEECH: formidable force until the Democratic Convention. Dismissed no more than THE CAMPAIGN PROMISES & POLICIES five years ago as a bombastic socialist from a state with fewer than 300,000 voters, Bernie is now leading a national movement that has raised more small dollar donations than any campaign in history, including $25 million in January alone. PROMISES & PAY-FORS: THE BIG- Not unlike President Trump, Bernie uses his massive and loyal following, as TICKET PROPOSALS & WHO WOULD well as his increasingly formidable digital bully pulpit, to target American PAY businesses and announce policies that could soon be the basis for a potential Democratic platform. As businesses work to adjust to the rapidly changing primary dynamics that TARGET PRACTICE: BERNIE’S TOP have catapulted Bernie to frontrunner status, we wanted to provide the basics CORPORATE TARGETS & ATTACKS - a Bernie 101 - to help guide business leaders in understanding the people, organizations and experiences that guide Bernie’s policies and politics. This basic primer also includes many of the Vermont Senator’s favorite targets, ALLIES & ADVISORS: THE ORGS, from companies to institutions to industries. -
ARIZONA STATE LEGISLATURE V. ARIZONA INDEPENDENT REDISTRICTING COMMISSION and the FUTURE of REDISTRICTING REFORM David Gartner*
ARIZONA STATE LEGISLATURE V. ARIZONA INDEPENDENT REDISTRICTING COMMISSION AND THE FUTURE OF REDISTRICTING REFORM David Gartner* INTRODUCTION In 2018, voters in five different states passed successful initiatives that made it harder for politicians to choose their own districts and easier for independent voices to shape the redistricting process.1 This unprecedented transformation in the redistricting process would not have happened without the Supreme Court’s decision in Arizona Legislature v. Arizona Independent Redistricting Commission.2 That decision confirmed the constitutionality of Arizona’s own Independent Redistricting Commission and created an outlet for citizens frustrated with dysfunctional governance and unresponsive legislators to initiate reforms through the initiative process. All of these 2018 initiatives created or expanded state redistricting commissions which are to some degree insulated from the direct sway of the majority party in their respective legislatures.3 The Arizona Independent Redistricting Commission has proven to be a model for some states and an inspiration for many more with respect to * Professor of Law at Arizona State University, Sandra Day O’Connor College of Law. 1. Brett Neely & Sean McMinn, Voters Rejected Gerrymandering in 2018, But Some Lawmakers Try to Hold Power, NRP (Dec. 28, 2018, 5:00 AM), https://www.npr.org/2018/12/28/675763553/voters-rejected-gerrymandering-in-2018-but-some- lawmakers-try-to-hold-power [https://perma.cc/3RJH-39P9] (noting voters in Ohio, Colorado, Michigan, Missouri, -
Rex E. Lee Conference on the Office of the Solicitor General of the United States
BYU Law Review Volume 2003 | Issue 1 Article 1 3-1-2003 Rex E. Lee Conference on the Office of the Solicitor General of the United States Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Law and Politics Commons, and the Legal Profession Commons Recommended Citation Rex E. Lee Conference on the Office ofh t e Solicitor General of the United States, 2003 BYU L. Rev. 1 (2003). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2003/iss1/1 This Article is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. PANEL-FULL-FIN 2/15/2003 4:02 PM IN MEMORY OF REX E. LEE (1937–1996) Not long after former Solicitor General Rex E. Lee died, the Committee of the National Association of Attorneys General held its annual meeting in Washington, D.C. All fifty state attorneys general attended the meeting, which was held at the Supreme Court. During a question and answer period, Justice David Souter was asked how advocacy before the high court had changed in recent times. Justice Souter paused for a moment and answered, “Well, I can tell you that the biggest change by far is that Rex Lee is gone. Rex Lee was the best Solicitor General this nation has ever had, and he is the best lawyer this Justice ever heard plead a case in this Court. -
Congressional Record—House H435
February 12, 2003 CONGRESSIONAL RECORD — HOUSE H435 NATIONAL DRUG CONTROL STRAT- Mr. KINGSTON. Mr. Speaker, I cer- court. I think it is unfortunate for the EGY—MESSAGE FROM THE tainly appreciate the opportunity to diversity of the court and for racial re- PRESIDENT OF THE UNITED address the House tonight. I wanted to lations in general; but, more impor- STATES start off by commenting on some of the tantly, somehow that they seem to be The SPEAKER pro tempore laid be- comments that were made by our col- attacking the American dream. fore the House the following message leagues on the Democrat side of the Here is a young guy that comes to from the President of the United House; but before I do that, I wanted to America when he is 17 years old. He is States; which was read and, together comment about the message that we an immigrant from Honduras. By the time he is 41, he is nominated with the accompanying papers, without just received from the President of the to be the first Hispanic to sit on the objection, referred to the Committee United States. D.C. court. He graduated Phi Beta on the Judiciary, Committee on Agri- Mr. Speaker, as you know, the Presi- Kappa from Columbia College and culture, Committee on Armed Services, dent has listed as one of his priority magna cum laude from Harvard Law. Committee on Financial Services, items this year to have a compas- By the age of 40 he had argued 15 cases Committee on Energy and Commerce, sionate, conservative model to end before the Supreme Court and was Committee on Education and the drug addiction. -
Minutes of Meeting
Minutes of Meeting ARIZONA INDEPENDENT REDISTRICTING COMMITTEE February 24, 2011 The organizational meeting of the Arizona Independent Redistricting Committee was called to order in the State Library Conference Room at 2:30 p.m. by Ken Bennett who then led the Pledge of Allegiance. Members present: Richard Stertz, Commissioner José M. Herrera, Commissioner Scott D. Freeman, Commissioner Linda McNulty, Commissioner Mr. Bennett explained that, under the Arizona Constitution, the Secretary of State is required to lead the first meeting of the IRC, which is comprised of four appointed members, two Republicans and two Democrats. The purpose of this meeting is to interview five Independent candidates who have been recommended to serve as the fifth member of the Commission and as Chairman. Secretary Bennett administered the Oath of Office to all four Commissioners. Commission members were then provided printed copies of the loyalty oath, which will be on file in the Secretary of State’s Office. Secretary Bennett explained that five candidates will be interviewed for the independent position and he asked if the Commissioners would like to do the interviews in public or in private. It was agreed that the interviews would be conducted in the public meeting. The meeting recessed at 2:40 p.m. since the agenda noted the first interview was scheduled for 3:00 p.m. The meeting reconvened at 3:00 p.m. Mr. Freeman asked if it would be proper to ask the other nominees to step out of the room while they conducted individual interviews. Jim Barton, Assistant Attorney General, agreed that would be appropriate Mr. -
Letter to Senate Leaders on the Nomination of Miguel A. Estrada to Be a United States Court of Appeals Circuit Judge March 11, 2003
Mar. 8 / Administration of George W. Bush, 2003 the White House for broadcast at 10:06 a.m. was captured in Pakistan on March 1, 2003; on March 8. The transcript was made avail- Hans Blix, Executive Chairman, United Na- able by the Office of the Press Secretary on tions Monitoring, Verification and Inspection March 7 but was embargoed for release until Commission; and President Saddam Hussein the broadcast. In his remarks, the President of Iraq. The Office of the Press Secretary referred to Khalid Sheikh Mohammed, sen- also released a Spanish language transcript ior Al Qaida leader responsible for planning of this address. the September 11, 2001, terrorist attack, who Letter to Senate Leaders on the Nomination of Miguel A. Estrada To Be a United States Court of Appeals Circuit Judge March 11, 2003 Dear lllll : forth tactics that have marred the judicial The Senate is debating the nomination confirmation process for years, as many ju- of Miguel A. Estrada to be a Judge of dicial nominees have never received up or the United States Court of Appeals for the down Senate votes. And now, a minority District of Columbia Circuit. Miguel of Senators are threatening for the first Estrada’s life is an example of the American time to use ideological filibusters as a Dream. He came to this country from Hon- standard tool to indefinitely block confirma- duras as a teenager barely speaking English tion of well-qualified nominees with strong and went on to graduate with honors from bipartisan support. This has to end. Harvard Law School.