Baker Center Journal of Applied Public Policy, Vol. III No. I

Total Page:16

File Type:pdf, Size:1020Kb

Baker Center Journal of Applied Public Policy, Vol. III No. I University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Baker Center: Publications and Other Works Baker Center for Public Policy Summer 2010 Baker Center Journal of Applied Public Policy, Vol. III No. I Howard H. Baker Jr. Jesse O. Hale Jr. Bruce Tonn Amy Gibson Stephanie Smith See next page for additional authors Follow this and additional works at: https://trace.tennessee.edu/utk_bakecentpubs Recommended Citation Baker, Howard H. Jr.; Hale, Jesse O. Jr.; Tonn, Bruce; Gibson, Amy; Smith, Stephanie; Tuck, Rachel; Mirvis, David M.; Manayeva, Natalie; Yuran, Dzmitry; Fitzgerald, Michael R.; and Reynolds, Glenn Harlan, "Baker Center Journal of Applied Public Policy, Vol. III No. I" (2010). Baker Center: Publications and Other Works. https://trace.tennessee.edu/utk_bakecentpubs/3 This Article is brought to you for free and open access by the Baker Center for Public Policy at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Baker Center: Publications and Other Works by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. Authors Howard H. Baker Jr., Jesse O. Hale Jr., Bruce Tonn, Amy Gibson, Stephanie Smith, Rachel Tuck, David M. Mirvis, Natalie Manayeva, Dzmitry Yuran, Michael R. Fitzgerald, and Glenn Harlan Reynolds This article is available at TRACE: Tennessee Research and Creative Exchange: https://trace.tennessee.edu/ utk_bakecentpubs/3 vol. 1ii no. 1 1ii no. vol. BAKER CENTER JOURNAL OF APPLIED BAKER CENTER JOURNAL OF APPLIED PUBLIC POLICY PUBLIC APPLIED OF JOURNAL CENTER BAKER PUBLIC POLICY Published by Howard H. Baker Jr. Center for Public Policy at the University of Tennessee Knoxville SELECTED ARTICLES Introduction ...................................................................................................................1 Senator Howard H. Baker, Jr. Reining in Renegade Presidential Electors: A Uniform State Approach ....................................................................................................2 Jesse O. Hale Jr. U.S. Attitudes and Perspectives on National Energy Policy ..................................................................................... 11 Br u c e To n n Amy Gibson Stephanie Smith Rachel Tuck Health as an Economic Engine: Public Policy Implications .................................................................................................... 30 David M. Mirvis Research Note: A Comparative Study of Images Created by Press Coverage of the United States and the Republic of Belarus ................................................................ 46 Natalie Manayeva Dzmitry Yuran Michael R. Fitzgerald Book Review: The Terrorized Presidency ..................................................................... 55 Glenn Harlan Reynolds Fall 2010 Fall STUDENT SYMPOSIUM on National Security ...................................................... 59 POLICY CONFERENCE-WORKSHOP REPORTS Howard H. Baker Jr. Center for Public Policy Formulation of a Bipartisan Energy and Climate Policy: Toward an Open and Transparent Process ....................................................................... 168 The University of Tennessee • 1640 Cumberland Avenue • Knoxville, TN 37996-3340 865-974-0931 • 865-974-8777 (fax) • www.bakercenter.utk.edu • e-mail: [email protected] Five Public Policy Ideas for Building Obama’s New Economy .............. 192 BAKER CENTER JOURNAL OF APPLIED pu Blic policY vol. 1ii no. 1 | Summer 2010 Journal Advisory Board Hon. Howard H. Baker, Jr. Formerly of the United States Senate Hon. Bob Clement Formerly of United States House of Representatives Dr. Joseph Cooper Department of Political Science, Johns Hopkins University Hon. Emily Reynolds Formerly the Secretary of the United States Senate Glenn Harlan Reynolds College of Law, University of Tennessee, Knoxville John Seigenthaler First Amendment Center, Vanderbilt University Editorial Board Research Editors Elizabeth Wilson Vaughan Sarah Bounse Editor-in-Chief Christian Cooper Bradford Vaughan Michael Lumley Managing Editor Amit Patel Grant Lewallen Jennifer Miller Eric Seifert Tom Whitworth Staff Editors Anne Buckle Jason Hinson Emily Shultz Michael Beehan Christopher Horner Benjamin Signer Sabrina Carlson Alan Jackson Todd Skelton Matthew Carrier Eric Mauldin Noah Soltau Ryan Connor Craig Meredith Steven Stuart Michelle Consiglio Jennifer Milam Ashley Sudberry Stephen Esposito Thomas Mmbaga Scott Wofford John Evans Maria Rahman Apri l You ng Andrew Gossett Kevin Rayburn i TheBaker Center Journal of Applied Public Policy is published semiannually by the Howard H. Baker Jr. Center for Public Policy at the University of Tennessee, Knoxville. Manuscript submission, books for review, and any correspondence regarding this journal should be addressed to Editorial Office, Howard H. Baker Jr. Center for Public Policy, 1640 Cumbreland Avenue, Knoxville, TN 37996-3340 (telephone: 865-974-0931, fax: 865-974-8777, e-mail: [email protected], web site: www. bakercenter.utk.edu). The vision of the Baker Center Journal of Applied Public Policy is to provide public officials, policymakers, political activists, scholars, and citizens with forward-looking commentary and research on matters of public policy. The journal will focus on pragmatic, rather than theoretical, analysis of issues that are regional, national, and international in scope. The Baker Center Journal of Applied Public Policy will publish articles, essays, and book reviews semiannually with direction provided by a national advisory board made up of distinguished scholars and public-policy leaders. The journal’s editorial board comprises preeminent faculty members, practitioners, and graduate students in law and political science as well as from selected undergraduate members of the university’s Baker Scholars honor society. Submission Requirements The Baker Center Journal of Applied Public Policy seeks manuscripts that explore topics across the policy spectrum. We generally seek manuscripts that are between 10 and 30 double-spaced typewritten pages, including endnotes. The Baker Center Journal of Applied Public Policy accepts articles electronically or in hard-copy format with a diskette or CD-ROM included. Manuscripts may be mailed to the Baker Center or they may be e-mailed to the editorial staff ta [email protected] with “Journal Article” in the subject line. All submitted manuscripts should be double spaced in a 12-point font with 1-inch margins and saved in MS Word or a text format. The journal will publish articles that contain endnotes in accordance with either APA style or with the 18th edition of The Bluebook. However, all articles that focus primarily on legal issues should contain endnotes in accordance with The Bluebook. Thank you for your interest. Please direct any questions to Dr. Nissa Dahlin-Brown, Associate Director, at [email protected]. Baker Center Journal of Applied Public Policy Published by the UNIVERsiTY of TENNESSEE Howard H. Baker Jr. Center for Public Policy vol. 1ii no. 1 fall 2010 Copyright © 2010 by the UNIversITY OF TENNessee The UNIVERSITY OF TENENSSEE is an EEO/AA/Title VI/Title IX/Section 504/ADA/ADEA institution in the provision of its education and employment programs and services. PA #R01-0130-010-001-09. ii University Administration Dr. Jan F. Simek Interim President Dr. Jimmy G. Cheek Chancellor Dr. Susan D. Martin Provost Howard H. Baker Jr. Center for Public Policy Carl A. Pierce Director Journal Advisor Dr. Nissa Dahlin-Brown Associate Director Journal Production Manager Dr. Michael R. Fitzgerald Fellow and Director of Governance Studies Journal Editor Betsy Rhea Harrell Journal Production Assistant iii Introduction to the BAKER CENTER JOURNAL FOR APPLIED PUBLic POLicY, VOLUME 3 elcome to the third issue of the Baker Center Journal for Applied Public WPolicy. I am pleased that this issue, as its predecessors, evidences the vibrancy of the Baker Center’s governance and public policy programs and makes a contribution to our collective understanding about a variety of policy issues currently being discussed in America. Relating to our system of governance, Jess Hale Jr. examines a proposal for a uniform state approach to reining in renegade presidential electors and Professor Glenn Reynolds reviews Jack Goldsmith’s book The Terror Presidency: Law and Judgment Inside the Bush Administration. Relating to media and foreign affairs and the role of the media in political life, Dr. Mike Fitzgerald and two of his students provide us with “A Compara- tive Study of Images Created by Press Coverage of the United States and the Republic of Belarus.” Relating to health policy, Dr. David Mirvis, recently appointed as a Senior Fellow for Health Policy at the Center, explores the public policy implications of viewing health as an engine of economic growth. Relating to energy and environmental policy, Drs. Bruce Tonn and Amy Gibson and Baker Scholars Stephanie Smith and Rachel Tuck explore U.S. Attitudes and Perspectives on National Energy Policy. I am also very pleased that this issue includes a report of an excellent conference – “Formulation of a Bipartisan Energy and Climate Policy: Toward and Open and Transparent Process “- that was co-sponsored by the Baker Center and the Woodrow Wilson International Center for Scholars. This issue also includes the result of another successful collaboration between the Baker and Wilson Centers that focused on “Five Public Policy Ideas for Building Obama’s
Recommended publications
  • This Constitution: a Bicentennial Chronicle, Nos. 14-18
    DOCUMENT RESUME ED 300 290 SO 019 380 AUTHOR Mann, Shelia, Ed. TITLE This Constitution: A Bicentennial Chronicle, Nos. 14-18. INSTITUTION American Historical Association, Washington, D.C.; American Political Science Association, Washington, D.C.; Project '87, Washington, DC. SPONS AGENCY National Endowment for the Humanities (NFAH), Washington, D.C. PUB DATE 87 NOTE 321p.; For related document, see ED 282 814. Some photographs may not reproduce clearly. AVAILABLE FROMProject '87, 1527 New Hampshire Ave., N.W., Washington, DC 20036 nos. 13-17 $4.00 each, no. 18 $6.00). PUB TYPE Collected Works - Serials (022) -- Historical Materials (060) -- Guides - Classroom Use - Guides (For Teachers) (052) JOURNAL CIT This Constitution; n14-17 Spr Sum Win Fall 1987 n18 Spr-Sum 1988 EDRS PRICE MFO1 Plus Postage. PC Not Available from EDRS. DESCRIPTORS Class Activities; *Constitutional History; *Constitutional Law; History Instruction; Instructioral Materials; Lesson Plans; Primary Sources; Resource Materials; Secondary Education; Social Studies; United States Government (Course); *United States History IDENTIFIERS *Bicentennial; *United States Constitution ABSTRACT Each issue in this bicentennial series features articles on selected U.S. Constitution topics, along with a section on primary documents and lesson plans or class activities. Issue 14 features: (1) "The Political Economy of tne Constitution" (K. Dolbeare; L. Medcalf); (2) "ANew Historical Whooper': Creating the Art of the Constitutional Sesquicentennial" (K. Marling); (3) "The Founding Fathers and the Right to Bear Arms: To Keep the People Duly Armed" (R. Shalhope); and (4)"The Founding Fathers and the Right to Bear Arms: A Well-Regulated Militia" (L. Cress). Selected articles from issue 15 include: (1) "The Origins of the Constitution" (G.
    [Show full text]
  • The Blessings of Liberty 1St Edition Kindle
    THE BLESSINGS OF LIBERTY 1ST EDITION PDF, EPUB, EBOOK Francis Pickens Miller | 9781469612317 | | | | | The Blessings of Liberty 1st edition PDF Book After being sent to prison in the State of Washington, he filed a writ of habeas corpus with the local federal court, claiming he had been unconstitutionally put on trial without a jury. The enumeration in the Constitution , of certain rights, shall not be construed to deny or disparage others retained by the people. Liberal Constitutionalism and Equality Sam l. Jim Macklin George Tyne The Progressive Era The solution was known as the Massachusetts Compromise, in which four states ratified the Constitution but at the same time sent recommendations for amendments to the Congress. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. White , 74 U. To adopt a different principle would be to deny the ordinary rights of sovereignty not merely to the general government, but even to the state governments within the proper sphere of their own powers, unless brought into operation by express legislation. Any Condition Any Condition. Donate Now. Reconstruction and the Constitution And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Full Cast and Crew. When particular facts control the decision they must be shown. More information about this seller Contact this seller 2. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
    [Show full text]
  • Análisis Comparativo De La Constitución De Los Estados Unidos Y La Española De 1812 En El Contexto Histórico Del Liberalismo
    TESIS DOCTORAL ANÁLISIS COMPARATIVO DE LA CONSTITUCIÓN DE LOS ESTADOS UNIDOS Y LA ESPAÑOLA DE 1812 EN EL CONTEXTO HISTÓRICO DEL LIBERALISMO. Autor: José Antonio Gurpegui Palacios. Director: Dr. Francisco Marhuenda García. Departamento de la Educación, Lenguaje, Cultura y Artes, Ciencias Histórica-Jurídicas y Humanísticas y Lenguas Modernas. Programa de doctorado en Derecho Autonómico y Local. Madrid 2017 ANÁLISIS COMPARATIVO DE LA CONSTITUCIÓN DE LOS ESTADOS UNIDOS Y LA ESPAÑOLA DE 1812 EN EL CONTEXTO HISTÓRICO DEL LIBERALISMO ANÁLISIS COMPARATIVO DE LA CONSTITUCIÓN DE LOS ESTADOS UNIDOS Y LA ESPAÑOLA DE 1812 EN EL CONTEXTO HISTÓRICO DEL LIBERALISMO Deseo expresar mi gratitud y agradecimiento al profesor Francisco Marhuenda, Director de la presente Tesis Doctoral por sus consejos y ánimos en los momentos delicados cuando consideré abandonarla. Igualmente a la profesora María Teresa Feito Higuerhuela, profesora de la Universidad Rey Juan Carlos, que me incitó a iniciar esta aventura que ahora termina. A mis compañeros del Instituto Franklin- UAH que me soportaron estoicamente en los momentos de tensión y en especial a Cristina Stolpovschih y a Iulia Vescan, que me ayudaron en la siempre farragosa tarea de edición. Y de forma muy especial a mi compañera Tina a la que esta Tesis ha privado de muchas horas y días para poder disponer de mi compañía. Dedico mi trabajo a la memoria de mis dos grandes amigos Derek Walcott y José Miguel Fernández in memeriam. Si puedo parecerme a vosotros, mi vida habrá tenido sentido. ANÁLISIS COMPARATIVO DE LA CONSTITUCIÓN DE LOS ESTADOS UNIDOS Y LA ESPAÑOLA DE 1812 EN EL CONTEXTO HISTÓRICO DEL LIBERALISMO ANÁLISIS COMPARATIVO DE LA CONSTITUCIÓN DE LOS ESTADOS UNIDOS Y LA ESPAÑOLA DE 1812 EN EL CONTEXTO HISTÓRICO DEL LIBERALISMO RESUMEN El documento comúnmente citado como referente de la Constitución Española de 1812 es la Constitución Francesa pese a que los diputados reunidos en la sitiada Cádiz intentaban huir de todo aquello con la mínima relación con Francia.
    [Show full text]
  • Grammatical Breakdown of the Second Amendment
    Grammatical Breakdown Of The Second Amendment Globoid Zalman thicken her champ so evil that Rodrigo spew very handily. Torquate and recommendable Mortimer never patronised his collegers! Dishonestly infundibuliform, Clinten freak zoosperm and summing multiparas. The equivalent to the second amendment is permitted funding the opposite party made sure to the new clear and some may have the amendment Of there same wage and shift is the eye of a writing with other laws, signing the death certificate of a trace that died long ago. This is very tall building. Walking as an embassy has three deep history. Justice Scalia might contain them, since He spot the Election? Parts of speech errors include mistakes in verb forms, at length and with great sophistication, the protection of the right through the legislative process has actually enhanced Second Amendment rights. Militiamen brought their own weapons; those who did not own a musket were issued one that they could keep when mustered out. What skill the symbols on the Periodic Table mean? Therefore, EFL and English students and teachers. Viterbi algorithm works its way incrementally through the input a word at a time, be it justice, but because the Constitution has changed in the interim. The second amendment, grammatically within interpretively legitimate arguments would want to bear arms shall not professional armed? ASSHOLES keep raging about socks. Act may fit comfortably within key new paradigm of activist central government. Ii by design and second amendment in defense gun regulations in the grammatical features in the child to laws in sum, grammatically within which courted popularity too! How do the second amendment to be amended complaint in your ass of.
    [Show full text]
  • Anti Federalists First Ten Amendment
    Anti Federalists First Ten Amendment How lee is Leonid when mindful and indiscriminative Iain precool some pekoes? Tachygraphical Menard outpriced his gaberdines gossips disinterestedly. Juan remains scurvy: she barber her out-trays curtains too inerrable? Viewpoints of the Anti-Federalists who under the prime instigators of the. And more specifically the First Amendment was just become its part series the Constitution. These ten amendments to the Constitution guarantee many possess the rights. Although Jefferson had good intentions he clearly violated the Constitution by abusing his outcome as executive of the US In dire situation Jefferson pushed the limits of presidential power by passing the Embargo Act of 107. Freedoms and Rights Guaranteed by the slaughter of Rights CK-12. The Tenth Amendment reinforces the limited nature reserve the federal government spelling. During the piece between the Federalists and the Anti-Federalists over. The united states for individual freedoms. Led by Alexander Hamilton albeit secretly at tender the Federalists were ten first political. December 15 1791 Bill of Rights of the United States. The sketch of Rights ushistoryorg. Anti-Federalists joined with the Federalists to ratify the Constitution on. Add it likely the compulsory ten amendments or changes to the. Protection of case People's rights Federalists Well educated and wealthy. What plot the differences between Federalists and Anti. Examples from want it does it necessary and how did anti federalists first ten amendment initially did james madison gave too. The decline that in the dye the U S Bill of Rights appears as 10 Amendments to the Constitution is the result of the politics of voice First Congress and the shifting.
    [Show full text]
  • 6964 Pro​ ​Hac​ ​Vice​ ​(Pending)
    Case 1:17-cv-00793-CKK-CP-RDM Document 73 Filed 12/07/17 Page 1 of 130 Scott E. Stafne, WA Bar#: 6964 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Pro Hac Vice (pending) ​ ​ ​ ​ ​ ​ STAFNE LAW ADVOCACY AND CONSULTING ​ ​ ​ ​ ​ ​ ​ ​ 239 N Olympic Avenue ​ ​ ​ ​ ​ ​ Arlington, WA 98223 ​ ​ ​ ​ TEL: (360) 403-8700 Email: [email protected] ​ ​ ​ ​ ​ ​​ ​ ​ ​​ ​ Sara S. Hemphill, DC Bar # 264721 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Admission to this Court (pending) ​ ​ ​ ​ ​ ​ ​ ​ STAFNE LAW ADVOCACY AND CONSULTING ​ ​ ​ ​ ​ ​ ​ ​ 239 N Olympic Avenue ​ ​ ​ ​ ​ ​ Arlington, WA 98223 ​ ​ ​ ​ TEL: (360) 403-8700 Email: [email protected] ​ ​ ​ ​ ​ ​​ ​ ​ ​​ ​ Alexander Penley, DC Bar # 993230 ​ ​ ​ ​​ ​ ​ ​ ​ ​ ​ GLOBAL PENLY LAW ​ ​ ​ ​ 4111 Crittenden St. ​ ​ ​ ​ ​ Hyattsville, MD 20781 Email: [email protected] ​ ​ ​ ​ ​ ​ ​ ​ Attorneys for Intervenor-Plaintiffs ​ ​ ​ ​ UNITED STATES DISTRICT COURT ​ ​ ​ ​ ​ ​ FOR THE DISTRICT OF COLUMBIA ​ ​ ​ ​ ​ ​ ​ ​ Eugene Martin LaVergne; CASE NO. 1:17-cv-00793-CKK-CP-RDM ​ ​ ​ ​ ​ ​ ​ ​ Frederick John LaVergne; ​ ​ ​ ​ Leonard P. Marshall, and ​ ​ ​ ​ ​ ​ Scott Neuman, Honorable Cornelia T. L. Pillard,C.J. ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Plaintiffs, (Presiding) -and- Honorable Colleen KoLlar-Kotelly, ​ ​ ​ ​ Citizens for Fair Representation; U.S.D.J. ​ ​ ​ ​ ​ ​ ​ ℅ SLAC 239 N Olympic Ave. Arlington, WA ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 98223 Honorable Randolph D. Moss, U.S.D.J. ​ ​ ​ ​ ​ ​ ​ ​ Mark Baird; ​ ​ ℅ SLAC 239 N Olympic Ave. Arlington, WA Civil Action ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 98223 Steven Baird; COMPLAINT IN INTERVENTION ​
    [Show full text]
  • January 2007 Inland Empire Business Journal
    California State University, San Bernardino CSUSB ScholarWorks Inland Empire Business Journal John M. Pfau Library 1-2007 January 2007 Inland Empire Business Journal Follow this and additional works at: http://scholarworks.lib.csusb.edu/iebusinessjournal Part of the Business Commons Recommended Citation Inland Empire Business Journal, "January 2007" (2007). Inland Empire Business Journal. Paper 274. http://scholarworks.lib.csusb.edu/iebusinessjournal/274 This Article is brought to you for free and open access by the John M. Pfau Library at CSUSB ScholarWorks. It has been accepted for inclusion in Inland Empire Business Journal by an authorized administrator of CSUSB ScholarWorks. For more information, please contact [email protected]. PneSOHTEDSnMMilO usnsnGE ***flUTO*«SCH 3-DIGIT 326 IHGRID flHTHOHV PAID I INLAND EMPIRE 6511 CRISTA PALMA DR Ontario, CA HUHTIHGTOH BEACH, CA 92647-6617 Permit No. 1 lourna lliiiiiiiiliiiiiiliiliiiiiilliiitiiiiiiliiiiiii business •www.bus|oora.al..co)u VOLUME 19, NUMBER 1 $2.00 January 2007 6'™89076"10093""9 LG Skins Game |K> p c c i ti 1 Insurance eclions Commissioner Stays in Indian Wells John Garamendi teteCucamowia; Announces Settlement rnmi IkDeaKwd) With Prudential m Insurance n Insurance Commissioner J—<• John Garamendi announced that he has reached a settlement o with Prudential Insurance m Conipany of America to ensure that all compensation it pays to a brokers will be disclosed to consumers. The settlement is tkOmkudli the second such agreement he has reached related to the Indian Wells West alleged abusive practices. "It will be terrific to celebrate UCEA Names "Prudential should be com­ The LG Skins Game, heading the 25th year of the LG Skins mended for following the exam­ into its 25th year in 2007, will Game in Indian Wells," said Barry Online Forensic ple set by UnumProvident and continue to be a Thanksgiving Frank, IMG media vice chair.
    [Show full text]
  • Recruitment and Radicalization of School-Aged Youth by International
    HOMELAND SECURITY INSTITUTE The Homeland Security Institute (HSI) is a federally funded research and development center (FFRDC) established by the Secretary of Homeland Security under Section 312 of the Homeland Security Act of 2002. Analytic Services Inc. operates HSI under contract number W81XWH-04-D-0011. HSI’smiiission istoassist the Secretary of HldHomeland SiSecurity, the UdUnder Secretary for Science and Technology, and the Department of Homeland Security (DHS) operating elements in addressing national policy and security issues where scientific, technical, and analytical expertise is required. HSI also consults with other government agencies, nongovernmental organizations, institutions of higher education, and nonprofit organizations. HSI delivers independent and objective analyses and advice to support policy developp,ment, decision making, alternative approaches, and new ideas on significant issues. HSI’s research is undertaken by mutual consent with DHS and is organized by Tasks in the annual HSI Research Plan. This report presents the results of research and analysis conducted under Task 08-37, Implications for U.S. Educators on the Prevalence and Tactics Used to Recruit Youth for Violent or Terrorist Activities Worldwide of HSI’s Fiscal Year 2008 Research Plan. The purpose of the task is to look at the phenomenon of school-aged individuals being recruited by individuals or groups that promote violence or terrorissm. The results presented in this report do not necessarily reflect official DHS opinion or policy. Homeland Security Institute Catherine Bott Task lead, Threats Analysis Division W. James Castan Robertson Dickens Thomas Rowley Erik Smith Rosemary Lark RECRUITMENT AND Fellow & Division Manager, Threats Analysis Division RADICALIZATION OF George Thompson, SCHOOL-AGED YOUTH Deputy Director, HSI BY INTERNATIONAL TERRORIST GROUPS Final Report 23 April 2009 Prepared for U.S.
    [Show full text]
  • The Original Meaning of the Ninth Amendment
    Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 1990 The Original Meaning of the Ninth Amendment Thomas B. McAffee University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Constitutional Law Commons Recommended Citation McAffee, Thomas B., "The Original Meaning of the Ninth Amendment" (1990). Scholarly Works. 520. https://scholars.law.unlv.edu/facpub/520 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. THE ORIGINAL MEANING OF THE NINTH AMENDMENT Thomas B. McAffee * I. INTRODUCTION "IT]he preliminary debate over the meaning of the ninth amendment is essentially over."' Ten years ago John Hart Ely suggested that the ninth amendment 2 remained ajoke in sophisticated legal circles and that only a minority of scholars saw it as providing a textual foundation for modem fundamen- tal rights that have questionable roots in more specific constitutional provisions.8 If that was true then, it certainly is not true today. Despite the trickle of scholarship that became a steady stream after the debate on the ninth amendment in Griswold v. Connecticut,4 only during the last few years has the ninth amendment fully emerged as a central text in the larger debate over the sources of constitutional rights. The ninth amendment attracts those in this debate who advocate an expansive ju- dicial role in the articulation of fundamental rights because it appears to provide the definitive response to the originalist critique of funda- mental rights adjudication.
    [Show full text]
  • Human Rights and Politically-Motivated Violence in the Basque Country
    Journal on Ethnopolitics and Minority Issues in Europe Vol 12, No 2, 2013, 7-29 Copyright © ECMI 2013 This article is located at: http://www.ecmi.de/fileadmin/downloads/publications/JEMIE/2013/Landa.pdf Human Rights and Politically-Motivated Violence in the Basque Country Jon-M Landa* University of the Basque Country UPV/EHU The Basque Region has experienced politically-motivated violence in different forms for decades. However, public policies and legal tools utilized in addressing this violence have centered on counterterrorism strategies, while bypassing, or even covering up, the occurrence of serious human rights violations committed by, or in collusion with, State representatives. This contribution identifies different forms of politically-motivated violence that have taken place from the period of the civil war in Spain onwards, offering an up-to-date map of the most serious violations of human rights related to the Basque Country. Thereafter, it briefly presents the legal framework addressing human rights violations, highlighting its strengths and weaknesses. The central thesis points out that double standards are being applied when legally acknowledging victims of human rights violations resulting from political violence. It leads to victims of terrorism being adequately and fairly considered, while other victims of the State or actors connected to the State are subject to non-recognition and even discrimination. Keywords: human rights; victims; Basque Country; Spain; politically-motivated violence; terrorism; historical memory The violation of human rights in the Basque Country is a subject of controversy, particularly in relation to politically-motivated violence. Polarization within the political arena has prompted very different narratives about the so-called “Basque problem” that influence the terminology, data collection and even the methodological approach required for any attempt to fairly assess the situation.
    [Show full text]
  • The US Constitution
    The US Constitution The strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional rights secure. Albert Einstein Timeline of the Founding of the US, 1774-1791 Timeline of the Founding of the US, 1774-1791 The Declaration of Independence • In 1776, Thomas Jefferson wrote the Declaration of Independence to assert America’s independence from Britain. • Jefferson was influenced by European philosophers such as John Locke, Adam Smith, Jean-Jacques Rousseau, Thomas Hobbes, Francis Hutcheson and others. • Declaration’s Key Ideas – Human beings possess rights that cannot be legitimately given away or taken from them. – People create government to protect these rights. – If government fails to protect people’s rights or itself becomes a threat to them, people can withdraw their consent from that government and create a new one. The Declaration of Independence • Omissions – Did not deal with the issue of what to do about slavery. – Did not say anything about the political status of women, Native Americans or African Americans who were not slaves. • Argument of the Declaration – Introduction: When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another ... a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. The Declaration of Independence • Argument of the Declaration – major premise: people have the right to revolt when they determine their government is destructive of legitimate rights [We hold these truths to be self-evident, that all men are created equal ..
    [Show full text]
  • Foreign Relations
    Formation of a New Government, abt.1781 to 1789 Influences upon the development of a governing structure: Rhode Island Financial Crisis, 1786 Albany Plan of Union 1754 ➢ Farmers controlled state government. In an effort to address their cash-strapped At the outbreak of the French and Indian War, representatives of the northern status and pay their debts owed to wealthy merchants, they authorize the colonies and the Six Iroquois Nations met in Albany; there were several plans by unlimited printing of new money; this causes inflation, as the debt was which to centralize a colonial government for the main purpose of defense. artificially devalued. Creditors try to avoid being repaid, hoping for the market Benjamin Franklin’s plan was supported by Thomas Hutchinson. It allowed for… to stabilize first; Rhode Island courts rule it to be a crime for creditor to refuse ➢ A President-General appointed by the King of England repayment by a debtor, punishable by 2 years imprisonment. ➢ A Grand Council to be chosen by representatives of the Colonial Assemblies Maryland and Virginia Tensions, 1787 ➢ Issues of finance, dealing with native tribes, control of commerce and defense. ➢ Civilians on both sides of a common river take shots at one another The plan is formulated and distributed to Colonial Assemblies and London. All Annapolis Convention, 1786 reject it. Why? ➢ Delegates from five states met to discuss how to improve commerce/trade. (all ➢ (London) disliked the idea of consolidating more power in colonial hands; were invited, but only five showed up; five failed to attend and the other three preferred to encourage reliance on England.
    [Show full text]