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Alabama Legislative Black Caucus V. Alabama, ___ F.Supp.3D ___, 2013 WL 3976626 (M.D
No. _________ ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- ALABAMA LEGISLATIVE BLACK CAUCUS et al., Appellants, v. THE STATE OF ALABAMA et al., Appellees. --------------------------------- --------------------------------- On Appeal From The United States District Court For The Middle District Of Alabama --------------------------------- --------------------------------- JURISDICTIONAL STATEMENT --------------------------------- --------------------------------- EDWARD STILL JAMES U. BLACKSHER 130 Wildwood Parkway Counsel of Record Suite 108 PMB 304 P.O. Box 636 Birmingham, AL 35209 Birmingham, AL 35201 E-mail: [email protected] 205-591-7238 Fax: 866-845-4395 PAMELA S. KARLAN E-mail: 559 Nathan Abbott Way [email protected] Stanford, CA 94305 E-mail: [email protected] U.W. CLEMON WHITE ARNOLD & DOWD P. C . 2025 Third Avenue North, Suite 500 Birmingham, AL 35203 E-mail: [email protected] ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED Whether a state violates the requirement of one person, one vote by enacting a state legislative redis- tricting plan that results in large and unnecessary population deviations for local legislative delegations that exercise general governing authority over coun- ties. ii PARTIES The following were parties in the Court below: Plaintiffs in Civil Action No. 2:12-CV-691: Alabama Legislative Black Caucus Bobby Singleton Alabama Association of Black County Officials Fred Armstead George Bowman Rhondel Rhone Albert F. Turner, Jr. Jiles Williams, Jr. Plaintiffs in consolidated Civil Action No. 2:12-CV-1081: Demetrius Newton Alabama Democratic Conference Framon Weaver, Sr. Stacey Stallworth Rosa Toussaint Lynn Pettway Defendants in Civil Action No. 2:12-CV-691: State of Alabama Jim Bennett, Alabama Secretary of State Defendants in consolidated Civil Action No. -
International Law at Home: Enforcing Treaties in U.S. Courts
Article International Law at Home: Enforcing Treaties in U.S. Courts Oona A. Hathawayt, Sabria McElroytt & Sara Aronchick Solowtft I. IN TR O DU CTIO N ................................................................................................................................ 5 1 II. THE HISTORY OF INTERNATIONAL LAW AT HOME....................................................................56 A . Foundingto W orld War II..............................................................................................57 1. Contract ......................................... ......... 60 2. Property and Inheritance ...................................... 60 3. Detention and Habeas Corpus ................................... 61 4. Right to "Carry on Trade ...................................... 62 B . W orld W ar II to M edellin............................................................................................. 63 1. The Presumption in FavorofEnforcement Weakens....................................... 63 2. The Bricker Backlash .............................................. 68 C. After Medellin ................................................... 70 1. A PresumptionAgainst PrivateRights ofAction..............................................71 2. An End to the Carve-Outfor Private Law ........................... 73 Ill. How INTERNATIONAL LAW COMES HOME................................................................................76 A. Indirect Enforcement .............................................. 77 1. Implementing Legislation ........................... -
Legislative Process Lpbooklet 2016 15Th Edition.Qxp Booklet00-01 12Th Edition 11/18/16 3:00 PM Page 1
LPBkltCvr_2016_15th edition-1.qxp_BkltCvr00-01 12th edition 11/18/16 2:49 PM Page 1 South Carolina’s Legislative Process LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 1 THE LEGISLATIVE PROCESS LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 2 October 2016 15th Edition LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 3 THE LEGISLATIVE PROCESS The contents of this pamphlet consist of South Carolina’s Legislative Process , pub - lished by Charles F. Reid, Clerk of the South Carolina House of Representatives. The material is reproduced with permission. LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 4 LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 5 South Carolina’s Legislative Process HISTORY o understand the legislative process, it is nec - Tessary to know a few facts about the lawmak - ing body. The South Carolina Legislature consists of two bodies—the Senate and the House of Rep - resentatives. There are 170 members—46 Sena - tors and 124 Representatives representing dis tricts based on population. When these two bodies are referred to collectively, the Senate and House are together called the General Assembly. To be eligible to be a Representative, a person must be at least 21 years old, and Senators must be at least 25 years old. Members of the House serve for two years; Senators serve for four years. The terms of office begin on the Monday following the General Election which is held in even num - bered years on the first Tuesday after the first Monday in November. -
Of the National Security Act
The President’s Compliance with the “Timely Notification” Requirement of Section 501(b) of the National Security Act Under the Constitution, the President has plenary authority to represent the United States and to pursue its interests outside the borders of the country, subject only to limits contained in the Constitution itself and to such statutory limitations as the Constitution permits Congress to impose by exercising one of its enumerated powers. The conduct of secret negotiations and intelligence operations lies at the very heart of the President’s executive power. Statutory requirements that the President report to Congress about his activities in the realm of foreign policy must be construed consistently with his constitutional authority. A statute requiring the President to give Congress notice of covert operations “in a timely fashion” if he withholds prior notification should be construed to permit the President sufficient discretion to choose a reasonable moment for notifying Congress, including withholding notification at least until the secret diplomatic or covert undertaking has progressed to a point when disclosure will not threaten its success. December 17, 1986 M e m o r a n d u m O p in io n f o r t h e A t t o r n e y G e n e r a l This memorandum responds to your request that this Office review the legality of the President’s decision to postpone notifying Congress of a recent series of actions that he took with respect to Iran. As we understand the facts, the President has, for the past several months, been pursuing a multifaceted secret diplomatic effort aimed at bringing about better relations between the United States and Iran (partly because of the general strategic importance of that country and partly to help end the Iran-Iraq war on terms favorable to our interests in the region); at obtaining intelligence about political conditions within Iran; and at encouraging Iranian steps that might facilitate the release of American hostages being held in Lebanon. -
19-1434 United States V. Arthrex, Inc. (06/21/2021)
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES v. ARTHREX, INC. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 19–1434. Argued March 1, 2021—Decided June 21, 2021* The question in these cases is whether the authority of Administrative Patent Judges (APJs) to issue decisions on behalf of the Executive Branch is consistent with the Appointments Clause of the Constitu- tion. APJs conduct adversarial proceedings for challenging the valid- ity of an existing patent before the Patent Trial and Appeal Board (PTAB). During such proceedings, the PTAB sits in panels of at least three of its members, who are predominantly APJs. 35 U. S. C. §§6(a), (c). The Secretary of Commerce appoints all members of the PTAB— including 200-plus APJs—except for the Director, who is nominated by the President and confirmed by the Senate. §§3(b)(1), (b)(2)(A), 6(a). After Smith & Nephew, Inc., and ArthroCare Corp. (collectively, Smith & Nephew) petitioned for inter partes review of a patent secured by Arthrex, Inc., three APJs concluded that the patent was invalid. On appeal to the Federal Circuit, Arthrex claimed that the structure of the PTAB violated the Appointments Clause, which specifies how the President may appoint officers to assist in carrying out his responsi- bilities. -
The Filibuster and Reconciliation: the Future of Majoritarian Lawmaking in the U.S
The Filibuster and Reconciliation: The Future of Majoritarian Lawmaking in the U.S. Senate Tonja Jacobi†* & Jeff VanDam** “If this precedent is pushed to its logical conclusion, I suspect there will come a day when all legislation will be done through reconciliation.” — Senator Tom Daschle, on the prospect of using budget reconciliation procedures to pass tax cuts in 19961 Passing legislation in the United States Senate has become a de facto super-majoritarian undertaking, due to the gradual institutionalization of the filibuster — the practice of unending debate in the Senate. The filibuster is responsible for stymieing many legislative policies, and was the cause of decades of delay in the development of civil rights protection. Attempts at reforming the filibuster have only exacerbated the problem. However, reconciliation, a once obscure budgetary procedure, has created a mechanism of avoiding filibusters. Consequently, reconciliation is one of the primary means by which significant controversial legislation has been passed in recent years — including the Bush tax cuts and much of Obamacare. This has led to minoritarian attempts to reform reconciliation, particularly through the Byrd Rule, as well as constitutional challenges to proposed filibuster reforms. We argue that the success of the various mechanisms of constraining either the filibuster or reconciliation will rest not with interpretation by † Copyright © 2013 Tonja Jacobi and Jeff VanDam. * Professor of Law, Northwestern University School of Law, t-jacobi@ law.northwestern.edu. Our thanks to John McGinnis, Nancy Harper, Adrienne Stone, and participants of the University of Melbourne School of Law’s Centre for Comparative Constitutional Studies speaker series. ** J.D., Northwestern University School of Law (2013), [email protected]. -
Reorganization of Federal Executive Authorities: Comparative Analysis of Russia and the USA
Reorganization of Federal Executive Authorities: Comparative Analysis of Russia and the USA Tigran Zanko, PhD (Law), Associate Professor of the Department of Legal Regulation of Public and Municipal Service, Russian Academy of Public Administration and National Economy (RANEPA); Associate Professor of the Department of Administrative and Financial Law, Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO-University) Abstract: The article has an aim of comprehensive comparative analysis of approaches to the process of reorganization of federal executive authorities in the Russian Federation and the United States of America. Different legal frameworks significantly influence the logic and intensity of federal executive authorities transformations. One of the key features of the administrative legal framework of the federal executive authorities of the Russian Federation is that the federal law "On executive authorities of the Russian Federation" that is foreseen by the Constitution has not been adopted for over 25 years, and their system and structure are regulated by legal acts of the President of the Russian Federation. As a result, during the period 2004-2019 about 60 decrees of the President of the Russian Federation that modify the system and structure of executive authorities have been adopted. So, based on this figure it can be easily calculated that on average every 85 days the structure of the federal executive authorities faces changes: executive authorities are established, abolished, merged, reformed, renamed or change their subordination. Whereas in the USA starting from 1984 to the present, power to reorganize federal executive bodies has not been granted to the President of the United States. -
Federal Corrupt Practices and Political Activities
If you have----------------------- issues viewing or accessing this file contact us at NCJRS.gov. 90'l'H CONGRESS.l DOCUMEN'l' 2d Session J SENATE { No. 100 FEDERAL CORRUPT PRACTICES AND POLITICAL ACTIVITIES FEDERAL CORRUPT PRACTICES ACT HATCH POLITICAL ACTIVITIES ACT SENATOR HOWARD W. CANNON, Chairman SUBCOMMITTEE ON PRIVILEGES AND ELECTIONS OF THE COMMITTEE ON RULES AND ADMINISTRATION UNITED STATES SENATE JULY 19, 1968.-0rdered'to be printed U.S. GOVERNMENT PRINTING OFFICE DIHJ3'!' 0 WASHINGTON: 1968 For srua by the Superintendent of Documents. U.S. Government Printing Office Washiugton. D.C. 20402· Price 20 cents COMMITTEE ON RULES AND ADMINISTRATION B. EVERETT JORDAN, North Carolina, Chalrmall CARL IIAYDEN, Arizona CARL T. CURTIS, Nebraska. HOWARD W. CANNON, Nevada JOHN SHERMAN COOPER, Kentucky CLAIBORNE FELL, Rhode Island HUGH SCOTT, Pennsylvania. JOSEPH S. CLARK, Pennsylvania ROBERT C. BYRD, WestVirginlll GORDON F. HARRISON, Staff Director HUGH Q. ALEXA.'IDER, Ch~/Cat£mel JOHN P. CODER, Prolmlanal SlaffMember SUBCOMMITTEE ON PRIVILEGES AND ELECTIONS HOWARD W. CANNON, Nevada, ChalJ'1/Uln ROBERT C. BYRD, westVlr~a CARL T. CURTIS, Nebraska. JAMES H. DUFFY, Chiel Cournrtl BURKE~ VAN KillE:, Minority Cournrel SENATE RESOLUTION 375 IN THE SENATE O]!' THE UNITED STATES, Agreed to Jllly 19, 1968. , Resolved, That a revised edition of Senate Document Numbered 68 of the Eighty-eighth Congress, entitled "Federal Corrupt Practices and Political Activities" be printed as a Senate document; and that there be printed four thousand additional copies of such document for the' use of the Committee on Rules and Administration. " . Attest: ' ;; FRANCIS R. VALEO, Secretary. (II) FOREWORD This document ~s published as a guide and ready reference to cer tain Federal election laws and miscellaneous related acts and regula tions applicable to candidate~ for Federal office, political committees, political parties, and others seeking or attempting to influence the results of Federal elections. -
Oversight Reform Proposals
DOCURKNT RESUSE 06261 - [B16466691 Oversight Reform Proposals. June 8, 1978. 17 pF. * enclosure (1 pp.). Testimony before the Senate Committee on Rules and Administration; by Harry S. Havens, Lirector, Program Analysis Div. Contact: Proqraa Analysis Div. Congressional Relevance: Senate Conmittee on Rules and Administration. Authority: S. 2 (95th ConQ.). Deficiencies in the current congressional oversight process include incomplete coverage of the reauthorization process, inadequate attention to broad policy subjects, incomplete review coverage of Federal ;rograns and activities, and lack of clarity and specificity in statemants of the objectives of programs and activities. The key aleaent tc oversight reform is congressional commitment to better oversight and the establishmeat of a disciplined process for the revieu and study of Federal programs in the context of broad policy subjects. The proposed bill, S.2, would establish a mandatcry reauthorizing process for Federal Fprogras, but it would exempt some specific types of programs, including the major Federal income security and health financing programs and tax expenditures. The proposed legislation uculd schedule reauthorization and related reviews of a 6-year cycle in accordance with a timetable written into law; it would force action to reauhorize programs, grouped by budget subfunction, by specified dates and place a ban on future funding fcr programs not reauthorized by specified dates. The period of the authorization of new budget authority would be limited to 6 years. S.2 would base the reauthorization Frocess on a list of all activities of the Federal Government categorized by budget subfunction, establish a statutory schedule by kudget subfunction, provide that Frograms in the sane budget subfunction be acted upon in tne sane Congress, and reguire that an inventory of programs be developed and maiotained by the Conqressional Budqet Office. -
DOE Organization Act in U.S.C..Pdf
42 U.S.C. United States Code, 2014 Edition Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 84 - DEPARTMENT OF ENERGY Sec. 7101 - Definitions From the U.S. Government Publishing Office, www.gpo.gov §7101. Definitions (a) As used in this chapter, unless otherwise provided or indicated by the context, the term the "Department" means the Department of Energy or any component thereof, including the Federal Energy Regulatory Commission. (b) As used in this chapter (1) reference to "function" includes reference to any duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) reference to "perform", when used in relation to functions, includes the undertaking, fulfillment, or execution of any duty or obligation; and the exercise of power, authority, rights, and privileges. (c) As used in this chapter, "Federal lease" means an agreement which, for any consideration, including but not limited to, bonuses, rents, or royalties conferred and covenants to be observed, authorizes a person to explore for, or develop, or produce (or to do any or all of these) oil and gas, coal, oil shale, tar sands, and geothermal resources on lands or interests in lands under Federal jurisdiction. (Pub. L. 95–91, §2, Aug. 4, 1977, 91 Stat. 567.) REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), and (c), was in the original "this Act", meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, as amended, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -
The President's Reorganization Authority
Order Code RL30876 CRS Report for Congress Received through the CRS Web The President’s Reorganization Authority: Review and Analysis March 8, 2001 name redacted Specialist in Government Organization and Management Government and Finance Division Congressional Research Service ˜ The Library of Congress The President’s Reorganization Authority: Review and Analysis Summary Among the initiatives being promoted with the beginning of the Administration of President George W. Bush is that of renewing the President’s lapsed authority to submit reorganization plans to Congress. The general rationale offered for renewing this authority is that it would provide additional flexibility and discretion to the President in organizing the executive branch to promote “economy and efficiency” as well as his political priorities. The regular legislative route for considering presidential proposals involving organizational changes is deemed by reorganization authority supporters as being unduly slow and cumbersome. Thus, the proposal to permit the President to submit reorganization plans subject to mandatory congressional consideration with “fast track” procedures is viewed by the reorganization proposal’s proponents as a necessary reform for good government. Critics of the reorganization plan authority reject the arguments and assumptions behind the proposal and defend the efficacy and legitimacy of the regular legislative process for executive reorganization proposals. This report addresses three specific issues: (1) the historical basis and use of the President’s reorganization authority; (2) the factors contributing to the lapse of the President’s reorganization authority in 1984,1 and (3) thoughts on the future of reorganization in the executive branch. 1 It is worth noting that the Reorganization Act of 1977, as amended, remains “on the books,” but is not presently operative for execution as it expired on December 31, 1984. -
Brief of 47 Members of the United States Senate As Amici Curiae in Support of Petitioners
Nos. 19-840 & 19-1019 IN THE CALIFORNIA, ET AL., Petitioners / Cross-Respondents, v. TEXAS, ET AL., Respondents / Cross-Petitioners. On Writs of Certiorari to the United States Court of Appeals for the Fifth Circuit BRIEF OF 47 MEMBERS OF THE UNITED STATES SENATE AS AMICI CURIAE IN SUPPORT OF PETITIONERS ADAM S. GERSHENSON ELIZABETH B. PRELOGAR ELIZABETH A. TRAFTON Counsel of Record COOLEY LLP COOLEY LLP 500 Boylston Street 1299 Pennsylvania Ave., NW Boston, MA 02116 Washington, DC 20004 (202) 842-7800 SAMANTHA A. KIRBY [email protected] COOLEY LLP 3175 Hanover Street Palo Alto, CA 94304 NATALIE D. VERNON COOLEY LLP 101 California Street San Francisco, CA 94111 Counsel for Amici Curiae i TABLE OF CONTENTS Page STATEMENT OF INTEREST ..................................... 1 SUMMARY OF ARGUMENT .................................... 2 ARGUMENT ............................................................... 3 I. SECTION 5000A IS SEVERABLE FROM THE REST OF THE ACA. ................................ 4 A. A Straightforward Application Of Severability Principles Demonstrates Section 5000A Is Severable. ..................... 5 B. Respondents’ Arguments Against Severability Are Unavailing. .................. 14 II. CONGRESS DID NOT INTEND THE DISASTROUS CONSEQUENCES THAT WOULD FLOW FROM REPEAL OF THE ACA. ............................................................... 18 A. Invalidating the ACA Would Leave Millions Uninsured and Millions More with Lower Quality Coverage. ...... 19 B. Invalidating the ACA Would Inject Chaos into the Health Care Market and Impose Substantial Costs. ................ 21 C. Invalidating the ACA Would Disproportionately Harm Americans Who Already Face Barriers to Care. ....... 25 D. Invalidating the ACA Would Nullify Congress’s Informed Policy Decision. ............................................... 29 CONCLUSION .......................................................... 30 ii TABLE OF AUTHORITIES Page(s) Cases Alaska Airlines, Inc. v. Brock, 480 U.S. 678 (1987) ........................................ 5, 6, 7, 8 Ayotte v.