DOCSLIB.ORG

Entire Issue (PDF)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Entire Issue (PDF) E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION Vol. 157 WASHINGTON, THURSDAY, MARCH 10, 2011 No. 36 House of Representatives The House met at 10 a.m. and was This week the Rasmussen Report Mr. Speaker, I also want to show a called to order by the Speaker pro tem- finds that 52 percent of voters want our poster from the honor guard at Dover pore (Mr. LATTA). troops home from Afghanistan this walking a transfer case, which most f year. To quote this poll, ‘‘A majority of people know is a coffin. It’s the re- voters, for the first time, support an mains of an American hero off the DESIGNATION OF SPEAKER PRO immediate withdrawal of all U.S. plane. This again is war and the pain of TEMPORE troops from Afghanistan or the cre- war. The SPEAKER pro tempore laid be- ation of a timetable to bring them all Mr. Speaker, this is a beautiful, fore the House the following commu- home within a year.’’ handsome couple. It’s a young marine, nication from the Speaker: Fourteen months ago, I asked a re- his wife, and his child. This young ma- WASHINGTON, DC, tired military general to advise me on rine had been deployed so much that he March 10, 2011. Afghanistan. I have asked him for his developed PTSD. A year ago, on the I hereby appoint the Honorable ROBERT E. thoughts, and I will read some of them main drag at Camp Lejeune known as LATTA to act as Speaker pro tempore on this to you. Back in November, I emailed McHugh Boulevard, he committed sui- day. this general and I said, What do you cide. He stepped out of the car, he put JOHN A. BOEHNER, Speaker of the House of Representatives. think about the possibility of being in a gun to his head, and he committed Afghanistan for 4 more years? suicide. f Mr. Speaker, he replied, ‘‘I do not be- Mr. Speaker, I hope that the Con- MORNING-HOUR DEBATE lieve that 40 more years would guar- gress would join Mr. KUCINICH, Mr. The SPEAKER pro tempore. Pursu- antee ’victory,’ whatever that is; so 4 PAUL, and others in this House and ant to the order of the House of Janu- will do nothing. The war is costing let’s have a debate, and let’s vote. Let’s ary 5, 2011, the Chair will now recog- money and lives, all in short supply.’’ meet our constitutional responsibility, nize Members from lists submitted by Mr. Speaker, there is a retired lieu- and let’s bring our troops home before the majority and minority leaders for tenant colonel in Jacksonville, North we break the military. It is time to morning-hour debate. Carolina, which is in my district, who bring our troops home from Afghani- The Chair will alternate recognition served in the United States Marine stan. between the parties, with each party Corps for 31 years. His name is Dennis Mr. Speaker, as I always do, I ask limited to 1 hour and each Member Adams. He wrote me a letter, and the God to please bless our men and women other than the majority and minority last paragraph of the letter I would in uniform. I ask God to please bless leaders and the minority whip limited like to read to the House. the families of our men and women in to 5 minutes each, but in no event shall ‘‘I urge you to make contact with all uniform. I ask God to love the families debate continue beyond 11:50 a.m. the current and newly elected men and who have given a child dying for free- f women to Congress and ask them to dom in Afghanistan and Iraq, and I ask end this war and bring our young men God to please bless the House and Sen- END THE WAR IN AFGHANISTAN and women home. If any of my com- ate that we would do what is right in The SPEAKER pro tempore. The ments will assist you in this effort, you the eyes of God. I ask God to give wis- Chair recognizes the gentleman from are welcome to use them and my dom, strength, and courage to Presi- North Carolina (Mr. JONES) for 5 min- name.’’ dent Obama that he will do what is utes. Mr. Speaker, I want to show the right in the eyes of God. Mr. JONES. Mr. Speaker, yesterday, faces. I want to show the faces of war And three times I will ask, God DENNIS KUCINICH, RON PAUL, and I, and the faces of pain. please, God please, God please continue along with other colleagues, held a This is a young man whose name is to bless America. press conference to announce House Phillip Jordan. At the time of his fa- f Concurrent Resolution 28, which would ther’s death—his father was a gunnery require the President to withdraw all sergeant—he was 6 years of age. I wish DIRTY AIR United States Armed Forces from Af- the people could see the eyes of this The SPEAKER pro tempore. The ghanistan by the end of 2011. young boy, 6 years of age, with a folded Chair recognizes the gentleman from Last month’s USA Today/Gallup poll, flag under his arm and the coffin that Tennessee (Mr. COHEN) for 1 minute. 72 percent of Americans favor congres- is following right behind him. This is Mr. COHEN. Mr. Speaker, I rise in sional action this year to bring our war. Children feel war as adults feel opposition to Chairman UPTON’s dirty troops home from Afghanistan. war. air act. b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. H1669 . VerDate Mar 15 2010 01:30 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.000 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1670 CONGRESSIONAL RECORD — HOUSE March 10, 2011 In 2007, the Supreme Court issued the agree that when President Bush tapped ture energy production. This includes a Massachusetts v. EPA decision, direct- into the strategic reserve during the large portion of Alaska’s Outer Conti- ing the EPA to examine greenhouse gas aftermath of Katrina, it was in re- nental Shelf, even though expanding emissions and their impact on the pub- sponse to a serious supply disruption production would ultimately create up- lic health. EPA conducted a highly and an unforeseeable disaster. wards of 1.2 million jobs and generate credible, peer-reviewed scientific anal- But if we draw down on these re- $8 trillion in economic output. That’s ysis under the Bush EPA and the serves when gas hits $4 a gallon, what why we must immediately begin a Obama EPA, both concluding that will we do if the reserves are depleted long-term energy policy and begin to greenhouse gases harm our health. and then a real emergency hits? The drill today to deal with higher gas This was not a political analysis; it President’s shortsighted answer to our prices. was a scientific analysis. But that has rapidly increasing oil and gas prices I also believe that it is vitally important to in- not stopped the chairman from trying does nothing to protect America from vest in the development of clean coal tech- to legislatively undermine scientific future energy prices skyrocketing, nor nologies. Coal is our Nation’s most abundant fact. According to the EPA, President does it help lead toward American en- and affordable energy resource, and another Nixon’s Clean Air Act will prevent ergy independence. way to energy independence is through eco- 230,000 premature deaths and result in From the beginning, the Obama ad- nomically and environmentally sound clean $2 trillion in economic benefits in 2020. ministration has failed to initiate a se- coal technology. President Obama has specifi- But, Chairman UPTON has decided, rious energy policy. Instead, this ad- cally said that he would bankrupt the coal in- with much help from corporate pol- ministration has actively taken steps dustry through regulations and impossible luters’ lobbyists, that the fiscal and to block or delay American energy pro- standards. physical well-being of the American duction, therefore making us more de- Democrats continue to operate an anti-busi- people are less important than Big pendent on unstable foreign countries’ ness agenda and restrict the advancement of Oil’s importance and Big Oil’s billion oil production. domestic energy development through regula- dollar bottom line next quarter. b 1010 tions, moratoriums and increased taxes on The bottom line for America is that American energy production. The President’s undermining EPA science will cost Recently, we remembered the 50th 2012 budget includes over $60 billion in tax trillions. anniversary of President Kennedy’s in- and fee increases on American energy pro- auguration. Following that inaugura- f duction. This will only add to the burden of tion, the President stood in this very families and businesses. PAIN AT THE PUMP Chamber and challenged our Nation to The current unrest in the Middle East only The SPEAKER pro tempore. The make it a national goal to place a man emphasizes the importance for America to de- Chair recognizes the gentleman from on the Moon and return him safely velop more of its own domestic resources.
Load more

Recommended publications
  • Editor's Introduction: Activism and Anagnorisis
    Old Dominion University ODU Digital Commons English Faculty Publications English 2011 Editor's Introduction: Activism and Anagnorisis Marc Ouellette Old Dominion University, [email protected] Follow this and additional works at: https://digitalcommons.odu.edu/english_fac_pubs Part of the Critical and Cultural Studies Commons Original Publication Citation Ouellette, M. (2011). Editor's Introduction: Activism and Anagnorisis. Reconstruction: Studies in Contemporary Culture, 11(4). http://reconstruction.digitalodu.com/Issues/114/ouelette_marc.shtml This Editorial is brought to you for free and open access by the English at ODU Digital Commons. It has been accepted for inclusion in English Faculty Publications by an authorized administrator of ODU Digital Commons. For more information, please contact [email protected]. Current Issues Contributors Past Issues Call for Papers Editorial Board Submissions Search Reconstruction Vol. 11, No. 4 Return to Contents» Activism and Anagnorisis / Marc Ouellette "St. James, often referred to as the "Moor-slayer," is patron saint to veterinarians, equestrians, tanners, furriers, and pharmacists." <1> As I mull the current issue – a wonderful collection of open submissions and a terrific supplement on “post-9/11” developments, about both of which I feel too intellectually impoverished to write adequately – I am filled with mixed feelings, thoughts and even theoretical positions. This last is kind of inescapable given my best efforts to put theory into practice whenever and wherever possible. The two cannot and should not be inseparable, at least for anyone who claims to be even the most remotely involved in Cultural Studies. And yet, I know that this is the area where Cultural Studies fails most abjectly in living up to its claims and to its promise.
    [Show full text]
  • Crackdown on Money Laundering: a Comparative Analysis of the Feasibility and Effectiveness of Domestic and Multilateral Policy Reforms Kathleen A
    Northwestern Journal of International Law & Business Volume 23 Issue 2 Winter Winter 2003 Crackdown on Money Laundering: A Comparative Analysis of the Feasibility and Effectiveness of Domestic and Multilateral Policy Reforms Kathleen A. Lacey Barbara Crutchfield George Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njilb Part of the Banking and Finance Commons, Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Kathleen A. Lacey, Barbara Crutchfield George, Crackdown on Money Laundering: A Comparative Analysis of the Feasibility and Effectiveness of Domestic and Multilateral Policy Reforms, 23 Nw. J. Int'l L. & Bus. 263 (2002-2003) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Law & Business by an authorized administrator of Northwestern University School of Law Scholarly Commons. ARTICLES Crackdown on Money Laundering: A Comparative Analysis of the Feasibility and Effectiveness of Domestic and Multilateral Policy Reforms Kathleen A. Lacey* Barbara Crutchfield George** TABLE OF CONTENTS I. INTRO DUCTIO N ................................................................................... 265 II. B ACKG RO UN D .................................................................................... 267 A. Definition of Money Laundering ................................................. 267 B. Negative Consequences of Money Laundering
    [Show full text]
  • Second Circuit Affirms SEC's Bank Secrecy Act Powers
    Latham & Watkins Securities Litigation & Professional Liability January 11, 2021 | Number 2847 and White Collar Defense & Investigations Practices Second Circuit Affirms SEC’s Bank Secrecy Act Powers The Second Circuit’s recent decision gives the SEC the green light to continue enforcing broker-dealer compliance with the Bank Secrecy Act. Key Points: In US Securities and Exchange Commission v. Alpine Securities Corp., the Second Circuit affirmed the SEC’s authority to require SEC-registered broker-dealers to comply with the BSA’s reporting and recordkeeping requirements, under Section 17(a) and Rule 17a-8 of the Securities Exchange Act of 1934 (Exchange Act). The Alpine decision validates the SEC’s focus on broker-dealer AML programs. In anticipation of such scrutiny, broker-dealers and Chief Compliance Officers should evaluate whether their compliance programs satisfy existing anti-money laundering obligations, and particularly BSA reporting obligations. On December 4, 2020, the US Court of Appeals for the Second Circuit affirmed the decision of the US District Court for the Southern District of New York in US Securities and Exchange Commission v. Alpine Securities Corp.1 The case primarily dealt with the issue of whether the US Securities and Exchange Commission (SEC) possesses the authority to enforce broker-dealer compliance with Suspicious Activity Report (SAR) reporting as required by the Bank Secrecy Act (BSA), but under Section 17(a) and Rule 17a-8 of the Exchange Act.2 Alpine, the defendant, was an SEC-registered broker-dealer specializing in clearing and settlement services for penny stocks and micro-cap securities. Alpine had previously been the subject of an examination conducted by the Financial Industry Regulatory Authority, Inc.
    [Show full text]
  • Electronic Cash, Decentralized Exchange, and the Constitution
    Electronic Cash, Decentralized Exchange, and the Constitution Peter Van Valkenburgh March 2019 coincenter.org Peter Van Valkenburgh, Electronic Cash, Decentralized Exchange, and the Constitution, ​ ​ Coin Center Report, Mar. 2019, available at https://coincenter.org/entry/e-cash-dex-constitution Abstract Regulators, law enforcement, and the general public have come to expect that cryptocurrency transactions will leave a public record on a blockchain, and that most cryptocurrency exchanges will take place using centralized businesses that are regulated and surveilled through the Bank Secrecy Act. The emergence of electronic cash and decentralized exchange software challenges these expectations. Transactions need not leave any public record and exchanges can be accomplished peer to peer without using a regulated third party in between. Faced with diminished visibility into cryptocurrency transactions, policymakers may propose new approaches to financial surveillance. Regulating cryptocurrency software developers and individual users of that software under the Bank Secrecy Act would be unconstitutional under the Fourth Amendment because it would be a warrantless search and seizure of information private to cryptocurrency users. Furthermore, any law or regulation attempting to ban, require licensing for, or compel the altered publication (e.g. backdoors) of cryptocurrency software ​ ​ would be unconstitutional under First Amendment protections for speech. Author Peter Van Valkenburgh Coin Center [email protected] About Coin Center Coin Center is a non-profit research and advocacy center focused on the public policy issues facing open blockchain technologies such as Bitcoin. Our mission is to build a better understanding of these technologies and to promote a regulatory climate that preserves the freedom to innovate using blockchain technologies.
    [Show full text]
  • True Conservative Or Enemy of the Base?
    Paul Ryan: True Conservative or Enemy of the Base? An analysis of the Relationship between the Tea Party and the GOP Elmar Frederik van Holten (s0951269) Master Thesis: North American Studies Supervisor: Dr. E.F. van de Bilt Word Count: 53.529 September January 31, 2017. 1 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) Page intentionally left blank 2 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) Table of Content Table of Content ………………………………………………………………………... p. 3 List of Abbreviations……………………………………………………………………. p. 5 Chapter 1: Introduction…………………………………………………………..... p. 6 Chapter 2: The Rise of the Conservative Movement……………………….. p. 16 Introduction……………………………………………………………………… p. 16 Ayn Rand, William F. Buckley and Barry Goldwater: The Reinvention of Conservatism…………………………………………….... p. 17 Nixon and the Silent Majority………………………………………………….. p. 21 Reagan’s Conservative Coalition………………………………………………. p. 22 Post-Reagan Reaganism: The Presidency of George H.W. Bush……………. p. 25 Clinton and the Gingrich Revolutionaries…………………………………….. p. 28 Chapter 3: The Early Years of a Rising Star..................................................... p. 34 Introduction……………………………………………………………………… p. 34 A Moderate District Electing a True Conservative…………………………… p. 35 Ryan’s First Year in Congress…………………………………………………. p. 38 The Rise of Compassionate Conservatism…………………………………….. p. 41 Domestic Politics under a Foreign Policy Administration……………………. p. 45 The Conservative Dream of a Tax Code Overhaul…………………………… p. 46 Privatizing Entitlements: The Fight over Welfare Reform…………………... p. 52 Leaving Office…………………………………………………………………… p. 57 Chapter 4: Understanding the Tea Party……………………………………… p. 58 Introduction……………………………………………………………………… p. 58 A three legged movement: Grassroots Tea Party organizations……………... p. 59 The Movement’s Deep Story…………………………………………………… p.
    [Show full text]
  • THE TAX COMPLIANCE IMPLICATIONS of the TEA PARTY MOVEMENT Richard Lavoie*
    The University of Akron IdeaExchange@UAkron Akron Law Publications The chooS l of Law October 2011 Patriotism and Taxation: The aT x Compliance Implications of the Tea Party Movement Richard L. Lavoie University of Akron Law School, [email protected] Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/ua_law_publications Part of the Law Commons Recommended Citation Lavoie, Richard L., "Patriotism and Taxation: The aT x Compliance Implications of the Tea Party Movement" (2011). Akron Law Publications. 131. http://ideaexchange.uakron.edu/ua_law_publications/131 This Article is brought to you for free and open access by The chooS l of Law at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Publications by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. PATRIOTISM AND TAXATION: THE TAX COMPLIANCE IMPLICATIONS OF THE TEA PARTY MOVEMENT Richard Lavoie* Given the rise of the tea party movement, which draws strength from the historical linkage between patriotism and tax protests in the United States, the role of patriotism as a general tax compliance factor is examined in light of the extant empirical evidence. The existing research suggests that patriotism may be a weaker tax compliance factor in the United States than it is elsewhere. In light of this possibility, the tea party movement has the potential to weaken this compliance factor even more.
    [Show full text]
  • Bank Secrecy Act for Operations Staff
    Bank Secrecy Act for Operations Staff Presented by Jan Vogel, Center for Professional Development WilliamsTown Communications, Contributing Writer #TR1118 l Introduction Welcome to CUNA’s Bank Secrecy Act for Operations Staff Training on Demand course! Compliance with the Bank Secrecy Act, otherwise known as the BSA, is a critical task for each and every credit union in the United States, so all credit union employees must be familiar with BSA requirements. To that end, this course provides an overview of the Bank Secrecy Act, including specific actions that you, as a member of your credit union’s operations staff, must take to be BSA compliant. Of course, you also need to be sure that you know What Is the the BSA policy and procedures at your credit union. Bank Secrecy Act? This is key to being in compliance with the require- Not surprisingly, the first step to BSA compliance ments of the Bank Secrecy Act. is understanding just what the Bank Secrecy Act in- Let’s get started! volves and why it was enacted in the first place. In its current form, the BSA is more than just a single act of Objectives Congress; rather, it is a combination of multiple laws The Bank Secrecy Act applies to all credit unions, that have been passed during the last four decades. and it requires that employees in these institutions These laws were enacted to assist law enforcement carry out certain tasks. But what exactly does the officials in the investigation of activities and crimes BSA entail, and how does it affect operations staff such as money laundering, tax evasion, and financing in particular? By the end of this Training on Demand of terrorist groups.
    [Show full text]
  • Section 326 of the USA PATRIOT Act
    [Billing Code: 4810-02] DEPARTMENT OF THE TREASURY 31 CFR Part 103 RIN 1506-AA31 Financial Crimes Enforcement Network; Customer Identification Programs for Certain Banks (Credit Unions, Private Banks and Trust Companies) That do not Have a Federal Functional Regulator AGENCIES: The Financial Crimes Enforcement Network, Treasury. ACTION: Notice of proposed rulemaking. SUMMARY: FinCEN is issuing a proposed regulation to implement section 326 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001(the Act) for credit unions and trust companies that do not have a federal functional regulator. The proposed rule provides the same rules for these financial institutions as are provided in a companion notice of proposed rulemaking being issued jointly by FinCEN and the Federal bank regulators published elsewhere in this separate part of this issue of the Federal Register. DATES: Written comments on the proposed rule may be submitted on or before [INSERT DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: Because paper mail in the Washington area may be subject to delay, commenters are encouraged to e-mail comments. Comments should be sent by one method only. Comments may be mailed to FinCEN, Section 326 Certain Credit Union and Trust Company Rule Comments, P.O. Box 39, Vienna, VA 22183 or sent by e-mail to [email protected] with the caption “Attention: Section 326 Certain Credit Union and Trust Company Rule Comments” in the body of the text. Comments may be inspected at FinCEN between 10 a.m.
    [Show full text]
  • Post-Gazette 4-24-09.Pmd
    VOL. 113 - NO. 17 BOSTON, MASSACHUSETTS, APRIL 24, 2009 $.30 A COPY Boston Takes Part in Boston Mayor Thomas Menino Seeks Re-election On Wednesday, April 22, Menino seeks to earn a fifth TEA PARTY REVOLUTION 2009, Mayor of Boston term as Mayor of Boston. Thomas Menino officially Earning the reputation of announced his candidacy an “urban mechanic” he for Mayor of Boston. Mayor stressed his belief that gov- Menino joins Michael F. ernment is about helping Flaherty, Sam Yoon and people. Menino’s campaign South End businessman motto is “Moving Boston Kevin McCrea in the may- Forward.” oral race. Announcing his For further information, candidacy after serving six- vist the Mayor’s website at teen years in office, Mayor www.MayorMenino.com. Paul Revere Rides into History On April 20, 2009, Patriot’s Day in Boston is also known as Marathon Monday, but for many it is a tradition of the rides of Paul Revere and Wil- liam Dawes that has been re- enacted for the 232nd time. The parade begam at Boston City Hall and marched through the streets of the North End. A ceremony was Former North Enders and current Stoneham residents held on Hanover Street in Ricky Colarusso with his mother Caroline Colarusso took front of St. Stephen’s Church. part in the Boston “Tea Party” protests at Christopher Mayor Thomas Menino Columbus Park in Boston’s North End. kicked off the ride by hand- ing over the scroll to “Paul Tax Day brought many pro- enough already” and threw Revere” who then rode tests around the country.
    [Show full text]
  • The Public Eye, Summer 2011
    Tea Party, p. 3 TheA PUBLICATION OF POLITICAL R PublicEyeESEARCH ASSOCIATES Summer 2011 • Volume XXVI, No.2 Arizona’s Anti- Immigrant Law SB1070 Where Did It Come From, Where Is It Going? By Lauri Lebo isericordia .The word washes across Mthe congregation at the tiny church, carried by voices singing in Spanish. Mercy. b Young girls, their long, shiny black hair u h S covered in sheer white doilies, sit close to n e l l E each other in the pews at Surprise Apos - © tolic Assembly in suburban Phoenix, Ari - Boston demonstrators support Wisconsin public employees, February 2011 zona, chattering and giggling into their hands. Mothers and grandmothers, their hair covered in scarves of black lace, lean over and gently shush them. A handsome The Attack on Unions young man with baby-smooth skin and Right-Wing Politics and Democratic Possibilities glistening hair neatly parted at the side steps forward to the pulpit. Steve Montenegro, By Abby Scher servatives what they could do once they the youth minister, beckons to the con - The November 2010 Republican were in charge: how deeply they could cut gregation’s children, who gather at his Sweep government, and how successfully they feet. He praises the little ones for their inno - ore than a million people watched on could go after union “bosses,” even with a cence as their mothers snap photos from MYoutube as New Jersey Governor Democratic legislature. Elected only in the pews. Chris Christie sneered at a public school 2009, Christie quickly became an inspi - Steve’s father, José Roberto Montene - teacher who had the temerity to ask him at ration for the Right, as he went full throt - gro, the church’s pastor, delivers the sermon tle in blaming unions for the grossly a September 2010 town meeting how his SB1070 continues on page 12 policies would help the middle class when underfunded state pension system and the $11 billion deficit he inherited.
    [Show full text]
  • The Great Recession: Some Niebuhrian Reflections Scott R
    DePaul University From the SelectedWorks of Scott R. Paeth 2012 The Great Recession: Some Niebuhrian Reflections Scott R. Paeth, DePaul University Available at: https://works.bepress.com/scott_paeth/27/ Access Provided by Depaul University at 11/08/12 9:18PM GMT discussion The Great Recession: Some Niebuhrian Reflections Scott R. Paeth The paroxysms of economic pain through which the world has been suffering for the past four years offer any number of possible vectors for analysis—from economic theory, to public policy, to sociology, to international affairs. An examination of the economic crisis through any of these lenses would reveal a great deal both about how we’ve come to be here, and how we might (or might not) find our way out of it. The “Great Recession” is almost unique in modern political economics: a large- scale, catastrophic global economic meltdown, which may well persist for some time to come.1 There have, of course, been other economic crises, discussion recessions of greater or lesser duration, as well as global crises, such as the so-called “Asian Flu” of the mid- 1990s, but the Great Recession has come to be so named because its impact has been unlike anything the world has experienced since the 1930s (see Krugman 2008; Reich 2010; Stiglitz 2010). And given the increasingly interconnected and codependent nature of the global economic system, the negative effects of this downturn are affecting a much greater proportion of the world’s Soundings, population than the Great Depression. The reverbera- Vol. 95, No. 4, 2012 copyright © 2012 tions continue, as we see in the ongoing European the Pennsylvania financial crisis; but the epicenter of the earthquake, in State University, University Park, Pa September of 2008, was the result of a conscious set of 390 soundings decisions and policies that led inexorably to a wide-scale economic meltdown.
    [Show full text]
  • Supreme Court of the United States
    No. 13-1175 IN THE Supreme Court of the United States CITY OF LOS ANGELES, CALIFORNIA, Petitioner, v. NARANJIBHAI PATEL, et al., Respondents. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BRIEF OF AMICUS CURIAE ELECTRONIC FRONTIER FOUNDATION IN SUPPORT OF RESPONDENTS AND AFFIRMANCE LEE TIEN Counsel of Record HANNI FAKHOURY JENNIFER LYNCH ANDREW CROCKER JAMIE WILLIAMS ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 (415) 436-9333 [email protected] Attorneys for Amicus Curiae Electronic Frontier Foundation January 30, 2015 257199 A (800) 274-3321 • (800) 359-6859 i QUESTION PRESENTED Amicus curiae will address the following question: Are facial challenges to ordinances and statutes permitted under the Fourth Amendment to the United States Constitution? ii TABLE OF CONTENTS Page QUESTION PRESENTED . i TABLE OF CONTENTS. ii TABLE OF CITED AUTHORITIES . iv INTEREST OF AMICUS CURIAE . .1 INTRODUCTION AND SUMMARY OF ARGUMENT . .1 ARGUMENT. .4 I. This Court Has Permitted and Should Continue to Permit Fourth Amendment Facial Challenges to Statutes That Authorize Warrantless Searches. .4 A. The Court Has Consistently Allowed Fourth Amendment Facial Challenges.. .4 B. The Court Should Reject the Categorical Rule Espoused by Sibron. .9 1. Sibron’s binary distinction between permissible and impermissible Fourth Amendment facial challenges does not hold up to scrutiny. .9 iii Table of Contents Page 2. Sibron’s concern with ripeness does not mean facial challenges should be impossible under the Fourth Amendment. .12 C. Allowing Facial Challenges Is Consistent with the Court’s Fourth Amendment Jurisprudence and the Purposes of the Amendment.
    [Show full text]