Advice and Consent for Federal Judges: a New Alternative Based on Contract Law
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Thomas WEBSTER (“WEBSTER”) — Is Seen Approaching N.R., Who Is Barricaded Behind a Metal Gate
STATEMENT OF FACTS Your affiant, is a Special Agent of the Federal Bureau of Investigation (“FBI”), and has been so employed since May 2017. I am currently assigned to the FBI Washington Field Office in Washington, D.C. Currently, I am tasked with investigating criminal activity in and around the Capitol grounds on January 6, 2021. As a Special Agent with the FBI, I am authorized by law or by a Government agency to engage in or supervise the prevention, detention, investigation, or prosecution of violations of Federal criminal laws. Background The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions around the U.S. Capitol include permanent and temporary security barriers and posts manned by U.S. Capitol Police. Only authorized people with appropriate identification are allowed access inside the U.S. Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to members of the public. On January 6, 2021, a joint session of the United States Congress convened at the United States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint session, elected members of the United States House of Representatives and the United States Senate were meeting in separate chambers of the United States Capitol to certify the vote count of the Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020. The joint session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30 p.m., the House and Senate adjourned to separate chambers to resolve a particular objection. -
The Blue Slip Process for US Circuit and District
The Blue Slip Process for U.S. Circuit and District Court Nominations: Frequently Asked Questions (name redacted) Analyst in American National Government October 2, 2017 Congressional Research Service 7-.... www.crs.gov R44975 The Blue-Slip Process for U.S. Circuit and District Court Nominations: FAQs Summary The blue slip process used by the Senate Judiciary Committee (the committee) for U.S. circuit and district court nominations has received renewed interest from Senators. The committee’s use of the blue slip has been, since at least 1917, a feature of its consideration of U.S. circuit and district court nominations. After a President selects a nominee for a U.S. circuit or district court judgeship, the chairman sends a blue-colored form to the Senators representing the home state of the nominee. The form seeks the home state Senators’ assessment of the nominee. If a home state Senator has no objection to a nominee, the blue slip is returned to the chairman with a positive response. If, however, a home state Senator objects to a nominee, the blue slip is either withheld or returned with a negative response. Since the use of blue slips is not codified or included in the committee’s rules, the chairman of the committee has the discretion to determine the extent to which a home state Senator’s negative, or withheld, blue slip stops a President’s judicial nomination from receiving a committee hearing and a committee vote and, consequently, whether it reaches the Senate floor. Over the century of the use of the blue slip, different chairmen have used the blue slip in different ways. -
The Capitol Building
CAPITOL VISITOR CENTER TEACHERTEACHER LLESSONESSON PLANLAN The Capitol BuildiNg Introduction The Capitol is among the most architecturally impressive and symbolically important buildings in the world. The Senate and the House of Representatives have met here for more than two centuries. Begun in 1793, the Capitol has been built, burnt, rebuilt, extended, and restored; today, it stands as a monument not only to its builders but also to the American people and their government. As George Washington said, public buildings in the Capitol city “in size, form, and elegance, should look beyond the present day.”1 This activity features images of the U.S. Capitol building — architectural plans and artistic renderings from its original design and subsequent expansion. Examining these images, students engage in class discussion and individual reflection, considering how a building itself might serve as a symbol and monument. Then, they draft images that capture their own interpretation of how a Capitol building should look. While intended for 8th grade students, the lesson can be adapted for other grade levels. 1 The Writings of George Washington from the Original Manuscript Sources, 1745–1799. John C. Fitzpatrick, Editor., Philadelphia, March 8, 1792. 1 TEACHER LESSON PLAN: THE CAPITOL BUILDING CAPITOL VISITOR CENTER TEACHER LESSON PLAN Estimated Time One to two class sessions National Standards National Standards for Civics and Government Content Standards, grades 5–8 II — What are the Foundations of the American Political System (D.1) United -
Congressional Record: Its Production, Distribution, and Accessibility
= 43,7*88.43&1= *(47)a=98=74):(9.43`= .897.':9.43`=&3)=((*88.'.1.9>= .1)7*)= 2*7= 5*(.&1.89=43=9-*=43,7*88= &>=/`=,**2= 43,7*88.43&1= *8*&7(-=*7;.(*= 18/1**= <<<_(78_,4;= 328,00= =*5479=+47=43,7*88 Prepared for Members and Committees of Congress 43,7*88.43&1= *(47)a=98=74):(9.43`=.897.':9.43`=&3)=((*88.'.1.9>= = he Congressional Record is the most widely recognized published account of the debates and activities in Congress. The Record often reflects the intent of Congress in enacting T legislation. This report is one of a series on the legislative process. Please see http://www.crs.gov/products/guides/guidehome.shtml for more information on the legislative process. The Constitution mandates that each house shall keep and publish a journal of its proceedings. Accordingly, the House and Senate Journals, which are summaries of floor proceedings, are the official accounts of congressional proceedings, but the Record is better known and the most useful. The Record is published daily by the Government Printing Office (GPO) when either or both houses of Congress are in session. It is brought by GPO to the congressional post offices for early morning delivery to congressional offices as well as the House and Senate chambers. Each day’s Record contains an account of the previous day’s congressional activity. However, if a session extends past midnight, the Record is usually published in two parts with the first part printed the following day, and action after midnight included in the next day’s edition. -
The Collision of Institutional Power and Constitutional Obligations: the Use of Blue Slips in the Judicial Confirmation Process
The Collision of Institutional Power and Constitutional Obligations: The Use of Blue Slips in the Judicial Confirmation Process Ryan C. Black Michigan State University Ryan J. Owens University of Wisconsin Anthony J. Madonna University of Georgia The authors would like to thank Mitchell Sollenberger for making his data available. Additional thanks to Ryan Bakker, Jamie Carson and Richard Vining for helpful comments. Abstract In recent years, judicial nominations to lower federal courts have been blocked privately by negative blue slips returned by home state senators. We examine the conditions under which senators return these negative blue slips and whether judicial qualifications can mitigate the possible negative effects of ideological distance. We discover two results. First, consistent with existing work, ideology plays a strong role in blue slipping. Second, and more important, we find that nominee qualifications mitigate ideological extremism--but only for district court nominees. That is, while past presidents could nominate well-credentialed ideologues to the circuit courts of appeals and see them confirmed, today’s presidents cannot. In short, if presidents nominate ideologues--even those who are well qualified--to circuit courts, we will continue to observe lengthy vacancies and bitter nomination struggles between the president and Congress over those important courts. 1 Former Supreme Court Justice Louis Brandeis once stated about government: “Sunlight is said to be the best of disinfectants” (Brandeis 1913). While few would argue with the normative premise behind Brandeis's comment, many consequential policy decisions occur in private. Perhaps nowhere is the deviation from transparency-in-government more profound than in nomination politics, where the Senate's most unique institutional power (to defeat measures via obstruction) intersects with its most unique constitutional power (advice and consent) and can thwart the goals of nominating presidents. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance. -
CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 and So out Into the Road the Three the Two Older Villains Did As They Had Mr
May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10929 Leahy Obama Snowe state, to calm the dangerous seas vice, but here it is. And by considering Lieberman Pryor Specter Lott Reid Stevens which, from time to time, threaten to that advice, it only stands to reason Lugar Roberts Sununu dash our Republic against rocky shoals that any President will be more as- Martinez Rockefeller Talent and jagged shores. sured that his nominees will enjoy a McCain Salazar Thomas The Senate proved it to be true again kinder reception in the Senate. McConnell Santorum Thune Mikulski Schumer Vitter yesterday, when 14 Members—from The agreement, which references the Murkowski Sessions Voinovich both sides of the aisle, Republicans and need for ‘‘advice and consent,’’ as con- Nelson (FL) Shelby Warner Democrats; 14 Members—of this re- tained in the Constitution, proves once Nelson (NE) Smith (OR) Wyden vered institution came together to again, as has been true for over 200 NAYS—18 avert the disaster referred to as the years, that our revered Constitution is Biden Dorgan Levin ‘‘nuclear option’’ or the ‘‘constitu- not simply a dry piece of parchment. It Boxer Feingold Lincoln tional option’’—these men and women is a living document. Cantwell Jeffords Murray of great courage. Yesterday’s agreement was a real-life Corzine Kennedy Reed illustration of how this historical docu- Dayton Kerry Sarbanes As William Gladstone said, in refer- Dodd Lautenberg Stabenow ring to the Senate of the United ment continues to be vital in our daily lives. It inspires, it teaches, and yester- NOT VOTING—1 States, the Senate is that remarkable body, the most remarkable day it helped the country and the Sen- Inouye of all the inventions of modern politics. -
Union Calendar No. 237
1 Union Calendar No. 237 112TH CONGRESS " ! REPORT 1st Session HOUSE OF REPRESENTATIVES 112–352 ACTIVITY REPORT OF THE COMMITTEE ON THE JUDICIARY OF THE UNITED STATES HOUSE OF REPRESENTATIVES DURING THE ONE HUNDRED TWELFTH CONGRESS FOR THE PERIOD JANUARY 5, 2011 THROUGH NOVEMBER 30, 2011 DECEMBER 29, 2011.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 19–006 WASHINGTON : 2012 VerDate Mar 15 2010 06:10 Jan 05, 2012 Jkt 019006 PO 00000 Frm 00001 Fmt 4012 Sfmt 4012 E:\HR\OC\HR352.XXX HR352 jbell on DSK7SPTVN1PROD with REPORTS E:\Seals\Congress.#13 VerDate Mar 15 2010 06:10 Jan 05, 2012 Jkt 019006 PO 00000 Frm 00002 Fmt 4012 Sfmt 4012 E:\HR\OC\HR352.XXX HR352 jbell on DSK7SPTVN1PROD with REPORTS LETTER OF TRANSMITTAL HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, Washington, DC, December 29, 2011. Hon. KAREN HAAS, Clerk, House of Representatives, Washington, DC. DEAR MS. HAAS: Pursuant to clause 1(d) of rule XI of the Rules of the House of Representatives, I am transmitting the report on the activities of the Committee on the Judiciary of the U.S. House of Representatives. This report covered the time period of January 2, 2011 to November 30, 2011 of the 112th Congress. Sincerely, LAMAR SMITH, Chairman. (III) VerDate Mar 15 2010 06:10 Jan 05, 2012 Jkt 019006 PO 00000 Frm 00003 Fmt 7633 Sfmt 7633 E:\HR\OC\HR352.XXX HR352 jbell on DSK7SPTVN1PROD with REPORTS VerDate Mar 15 2010 06:10 Jan 05, 2012 Jkt 019006 PO 00000 Frm 00004 Fmt 7633 Sfmt 7633 E:\HR\OC\HR352.XXX HR352 jbell on DSK7SPTVN1PROD with REPORTS C O N T E N T S Page COMMITTEE MEMBERSHIP .............................................................................. -
Enforcing the Origination Clause in the House of Representatives
Blue-Slipping: Enforcing the Origination Clause in the House of Representatives October 1, 2020 Congressional Research Service https://crsreports.congress.gov R46556 SUMMARY R46556 Blue-Slipping: Enforcing the Origination Clause October 1, 2020 in the House of Representatives James V. Saturno Article I, Section 7, clause 1, of the U.S. Constitution is known generally as the Origination Specialist on Congress and Clause because it requires that the Legislative Process 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. As generally understood, this clause carries two kinds of prohibitions. First, the Senate may not originate any measure that includes a provision for raising revenue, and second, the Senate may not propose any amendment that would raise revenue to a House-passed non-revenue measure. However, the Senate may generally amend a House-originated revenue measure as it sees fit. Although the House may choose to enforce its prerogative through any of several methods, the most common is through the adoption of a privileged resolution returning the measure to the Senate. Because this resolution has historically been printed on blue paper, this is known as blue-slipping. This report also includes a table identifying all measures returned to the Senate as a result of a blue-slip resolution during the 102nd-116th Congresses (1991-2020). For more information on the Origination Clause and its enforcement, see CRS Report RL31399, The Origination Clause of the U.S. Constitution: Interpretation and Enforcement, by James V. Saturno. Congressional Research Service Blue-Slipping: Enforcing the Origination Clause in the House of Representatives Contents Tables Table 1. -
Union Calendar No. 512 107Th Congress, 2D Session –––––––––– House Report 107–811
1 Union Calendar No. 512 107th Congress, 2d Session –––––––––– House Report 107–811 ACTIVITIES AND SUMMARY REPORT OF THE COMMITTEE ON THE BUDGET HOUSE OF REPRESENTATIVES One Hundred Seventh Congress (Pursuant to House Rule XI, Cl. 1.(d)) JANUARY 2, 2003.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 19–006 WASHINGTON : 2003 VerDate Jan 31 2003 01:23 May 01, 2003 Jkt 019006 PO 00000 Frm 00001 Fmt 4012 Sfmt 4012 E:\HR\OC\HR811.XXX HR811 E:\seals\congress.#13 COMMITTEE ON THE BUDGET JIM NUSSLE, Iowa, Chairman JOHN E. SUNUNU, New Hampshire JOHN M. SPRATT, JR., South Carolina, Vice Chairman Ranking Minority Member PETER HOEKSTRA, Michigan JIM MCDERMOTT, Washington Vice Chairman BENNIE G. THOMPSON, Mississippi CHARLES F. BASS, New Hampshire KEN BENTSEN, Texas GIL GUTKNECHT, Minnesota JIM DAVIS, Florida VAN HILLEARY, Tennessee EVA M. CLAYTON, North Carolina MAC THORNBERRY, Texas DAVID E. PRICE, North Carolina JIM RYUN, Kansas GERALD D. KLECZKA, Wisconsin MAC COLLINS, Georgia BOB CLEMENT, Tennessee GARY G. MILLER, California JAMES P. MORAN, Virginia PAT TOOMEY, Pennsylvania DARLENE HOOLEY, Oregon WES WATKINS, Oklahoma TAMMY BALDWIN, Wisconsin DOC HASTINGS, Washington CAROLYN MCCARTHY, New York JOHN T. DOOLITTLE, California DENNIS MOORE, Kansas ROB PORTMAN, Ohio MICHAEL M. HONDA, California RAY LAHOOD, Illinois JOSEPH M. HOEFFEL III, Pennsylvania KAY GRANGER, Texas RUSH D. HOLT, New Jersey EDWARD SCHROCK, Virginia JIM MATHESON, Utah JOHN CULBERSON, Texas [Vacant] HENRY E. BROWN, JR., South Carolina ANDER CRENSHAW, Florida ADAM PUTNAM, Florida MARK KIRK, Illinois [Vacant] PROFESSIONAL STAFF RICH MEADE, Chief of Staff THOMAS S. -
The Rise of One-Party Rule in the Senate Charles Tiefer University of Baltimore School of Law
Roger Williams University Law Review Volume 24 | Issue 1 Article 3 Winter 2019 Deliberation's Demise: The Rise of One-Party Rule in the Senate Charles Tiefer University of Baltimore School of Law Kathleen Clark Washington University in St. Louis Follow this and additional works at: https://docs.rwu.edu/rwu_LR Part of the American Politics Commons, and the Legislation Commons Recommended Citation Tiefer, Charles and Clark, Kathleen (2019) "Deliberation's Demise: The Rise of One-Party Rule in the Senate," Roger Williams University Law Review: Vol. 24 : Iss. 1 , Article 3. Available at: https://docs.rwu.edu/rwu_LR/vol24/iss1/3 This Article is brought to you for free and open access by the School of Law at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized editor of DOCS@RWU. For more information, please contact [email protected]. Deliberation’s Demise: The Rise of One-Party Rule in the Senate Charles Tiefer* and Kathleen Clark** ABSTRACT Much of the recent legal scholarship on the Senate expresses concern about gridlock, which was caused in part by the Senate’s supermajority requirement to pass legislation and confirm presidential nominees. This scholarship exalted the value of procedural changes permitting the majority party to push through legislation and confirmations, and failed to appreciate salutary aspects of the supermajority requirement: that it provided a key structural support for stability and balance in governance. The Senate changed its rules in order to address the problem of partisan gridlock, and now a party with a bare majority is able to force through much of its agenda. -
Obstructing Agenda-Setting: Examining Blue Slip Behavior in the Senate
The Forum Volume 9, Issue 4 2011 Article 9 GOVERNING THROUGH THE SENATE Obstructing Agenda-Setting: Examining Blue Slip Behavior in the Senate Ryan C. Black, Michigan State University Anthony J. Madonna, University of Georgia Ryan J. Owens, University of Wisconsin Recommended Citation: Black, Ryan C.; Madonna, Anthony J.; and Owens, Ryan J. (2011) "Obstructing Agenda- Setting: Examining Blue Slip Behavior in the Senate," The Forum: Vol. 9: Iss. 4, Article 9. DOI: 10.2202/1540-8884.1476 ©2012 De Gruyter. All rights reserved. Brought to you by | University of Wisconsin - Madison Libraries (University of Wisconsin - Madison Libraries) Authenticated | 172.16.1.226 Download Date | 7/11/12 5:57 PM Obstructing Agenda-Setting: Examining Blue Slip Behavior in the Senate Ryan C. Black, Anthony J. Madonna, and Ryan J. Owens Abstract Senators increasingly use obstructive tactics to stall or kill legislation. Unfortunately, because senators can obstruct privately, scholars have little understanding of the conditions under which they do so. Using previously unreleased data from 2001-2009, we examine Senate obstruction by focusing on blue slipping behavior. We find that extreme members who do not belong to the president's party are most likely to employ negative blue slips. Thus, as moderate senators continue to be replaced by more extreme members, senators will increasingly use obstructive tactics. KEYWORDS: Senate, agenda-setting, obstructive tactics Author Notes: Ryan C. Black ([email protected]) is Assistant Professor of Political Science at Michigan State University. His research and teaching interests focus on the federal courts, with a primary emphasis on the U.S. Supreme Court and the U.S.