Majority Party Control Affects Legislator Behavior and the Agenda NICHOLAS G
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Will the Real Lawmakers Please Stand Up: Congressional Standing in Instances of Presidential Nonenforcement
PICKETT (DO NOT DELETE) 2/17/2016 12:23 PM Copyright 2016 by Bethany R. Pickett Printed in U.S.A. Vol. 110, No. 2 Notes and Comments WILL THE REAL LAWMAKERS PLEASE STAND UP: CONGRESSIONAL STANDING IN INSTANCES OF PRESIDENTIAL NONENFORCEMENT Bethany R. Pickett ABSTRACT—The Take Care Clause obligates the President to enforce the law. Yet increasingly, presidents use nonenforcement to unilaterally waive legislative provisions to serve their executive policy goals. In doing so, the President’s inaction takes the practical form of a congressional repeal—a task that is solely reserved for Congress under the Constitution. Presidential nonenforcement therefore usurps Congress’s unique responsibility in setting the national policy agenda. This Note addresses whether Congress has standing to sue in instances of presidential nonenforcement to realign and reaffirm Congress’s unique legislative role. In answering this question, this Note examines legislative standing precedent and argues that the Supreme Court’s reasoning supports a finding of congressional institutional standing. This Note further contends that it is normatively preferable for the judiciary to police the boundaries of each branch of government in instances of executive nonenforcement and apply the Constitution’s mandate that the President take care that the laws be faithfully executed. This maintains separation of powers and prevents one branch from unconstitutionally aggregating the power of another. AUTHOR—J.D. Candidate, Northwestern University School of Law, 2016; B.A., magna cum laude, The King’s College, 2012. Thank you to everyone on the Northwestern University Law Review who provided substantial feedback and improved this Note immeasurably. I am also overwhelmingly grateful to my family who has encouraged me in everything, and has been patient with me despite my work over countless holidays. -
Membership of the 115Th Congress: a Profile
Membership of the 115th Congress: A Profile Jennifer E. Manning Senior Research Librarian Updated December 20, 2018 Congressional Research Service 7-5700 www.crs.gov R44762 Membership of the 115th Congress: A Profile Summary This report presents a profile of the membership of the 115th Congress (2017-2018) as of December 20, 2018. Statistical information is included on selected characteristics of Members, including data on party affiliation, average age, occupation, education, length of congressional service, religious affiliation, gender, ethnicity, foreign births, and military service. In the House of Representatives, there are 238 Republicans (including 1 Delegate and the Resident Commissioner of Puerto Rico), 201 Democrats (including 4 Delegates), and 5 vacant seats. The Senate has 51 Republicans, 47 Democrats, and 2 Independents, who both caucus with the Democrats. The average age of Members of the House at the beginning of the 115th Congress was 57.8 years; of Senators, 61.8 years, among the oldest in U.S. history. The overwhelming majority of Members of Congress have a college education. The dominant professions of Members are public service/politics, business, and law. Most Members identify as Christians, and Protestants collectively constitute the majority religious affiliation. Roman Catholics account for the largest single religious denomination, and numerous other affiliations are represented, including Jewish, Mormon, Buddhist, Muslim, Hindu, Greek Orthodox, Pentecostal Christian, Unitarian Universalist, and Christian Science. The average length of service for Representatives at the beginning of the 115th Congress was 9.4 years (4.7 House terms); for Senators, 10.1 years (1.7 Senate terms). One hundred fifteen women (a record number) serve in the 115th Congress: 92 in the House, including 5 Delegates and the Resident Commissioner, and 23 in the Senate. -
84Th Senate Rules
SENATE RULES adopted by 84th LEGISLATURE January 21, 2015 SENATE RULES adopted by 84th LEGISLATURE January 21, 2015 Senate Resolution No. 39 The Texas Senate is an Equal Opportunity Employer and does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or the provision of services. TABLE OF CONTENTS Preface Statement of Authorization and Precedence..................... 1 ARTICLE I SENATE OFFICERS AND ELECTIONS Rule 1.01 Presiding officer of the Senate ...................................... 1 Rule 1.02 President Pro Tempore ................................................ 2 Rule 1.03 Vacancy in the office of Lieutenant Governor.................. 2 Rule 1.04 Officers of the Senate.................................................. 2 Rule 1.05 Election of Officers .................................................... 3 ARTICLE II ADMISSION TO SENATE CHAMBER Rule 2.01 Access to Senate floor................................................. 3 Rule 2.02 Restrictions on admission ............................................ 4 Rule 2.03 Persons lobbying not admitted ...................................... 5 Rule 2.04 Press correspondents................................................... 6 Rule 2.05 Forfeiture of admission privilege................................... 6 Rule 2.06 Exceptions................................................................ 6 Rule 2.07 Suspension of admission rule........................................ 7 ARTICLE III SENATE DECORUM Rule 3.01 Persons must be properly -
THE LEGISLATOR and HIS ENVIRONMENT Edwaiw A
Congressional Investigations: THE LEGISLATOR AND HIS ENVIRONMENT EDwAIW A. SHILst ONGRESSIONAL investigating committees have brought about valuable reforms in American life. They have performed services which no other branch of the government and no private body could have accomplished. They have also-like any useful institution- been guilty of abuses. Like many institutional abuses, these have been products of the accentuation of certain features which have frequently contributed to the effectiveness of the investigative committee. In the following essay, we shall not concern ourselves with the description of these abuses, nor with the ways in which certain valuable practices, when pushed to an extreme, have become abuses. These abuses have included intrusions in spheres beyond the committees' terms of reference, excessive clamor for publicity, intemperate disrespect for the rights of witnesses, indiscriminate pursuit of evidence, sponsorship of injudicious and light- hearted accusations, disregard for the requirements of decorum in gov- ernmental institutions, and the use of incompetent and unscrupulous field investigators.* Here we shall take as our task the exploration of fac- tors which may assist in understanding some of these peculiarities and excesses of congressional investigations. In the view here taken these excesses arise out of the conditions of life of the American legislator: the American constitutional system itself, the vicissitudes of the political career in America, the status of the politi- cian, the American social structure and a variety of other factors. This analysis does not claim to be a complete picture of the social pattern of the American legislator; it is not intended to be an exhaustive analysis. -
Legislatures and Citizens Communication Between Representatives and Their Constituents by Karl T
Legislatures and Citizens Communication Between Representatives and Their Constituents by Karl T. Kurtz Director, Trust for Representative Democracy, NCSL December 1997 Table of Contents Acknowledgements Representative Democracy Why is This Important to Democracy? Defining Constituents Looking Ahead Summary Guide to Legislator/Constituent Communication Methods of Communication Newsletters Media Releases Public Meetings Many-To-Many Communication Types of Constituent Contacts Constituent Service-Problem Solving Community Projects Policy Issues Affecting the Constituency Variables That Affect Constituent Interaction Type of Legislature Electoral Systems Political Parties Professionalism Resources Political Culture Strategies Conclusion Bibliography Acknowledgements This paper is funded in part by a subcontract to the National Conference of State Legislatures from a contract by the United States Agency for International Development to the State University of New York Office of International Programs. It was prepared under the direction of Pat Isman of the United States Agency for International Development and John Johnson of the State University of New York Office of International Programs. They both contributed thoughtful and insightful comments that improved the paper. p 1 of 24 Anders Johnsson of the International Parliamentary Union and Diana Reynolds of the Commonwealth Parliamentary Association contributed useful bibliographic citations and leads to elusive information on the nuts and bolts of legislatures around the world. Susan Benda of the National Democratic Institute for International Affairs, Kathy Brennan-Wiggins and Bruce Feustel of the National Conference of State Legislatures, Sam Fitch of the University of Colorado, Malcolm Jewell of Connecticut, Phillip Laundy of Canada, Gary Moncrief of Boise State University, and John Turcotte of the Florida Legislature read a draft of the paper and provided useful ideas and suggestions. -
The Legislator's Handbook
LEG.MT.GOV Montana State Legislature The Legislator’s Handbook November 2018 Published by. Address. Phone. Montana Legislative PO Box 201706 Phone 406.444.3064 Services Division Helena, MT 59620-1706 Table of Contents Chapter One: Introduction 1 Chapter Two: Government in Action 3 Introduction 4 Three Branches of State Government 4 Federal Government 7 Tribal Governments 7 Local Governments 9 Chapter Three: Organization and Services of the Legislative Branch 11 Introduction 12 Senate 12 House of Representatives 15 Legislative Council 18 Legislative Services Division 18 Legislative Audit Committee 21 Legislative Audit Division 21 Legislative Finance Committee 23 Legislative Fiscal Division 24 Consumer Counsel 25 Chapter Four: Legislators 27 Introduction 28 Representation 28 Qualifications 29 Privileges 30 Duties 31 Accountability 33 Chapter Five: Organizing the Montana Legislature 35 Introduction 36 Election of Members 36 Legislative Sessions 36 Caucuses 37 Presession Organization 38 Convening the Senate 39 Convening the House of Representatives 39 Chapter Six: Legislative Procedures 41 Introduction 42 Montana Constitution 42 Montana Statutes 45 Rules of the Montana Legislature 45 Tradition 46 Mason’s Manual of Legislative Procedure 46 Committee Procedural Rules 47 Interpretation by the Judicial Branch 47 Attorney General’s Opinions 48 Learning the Rules: Tips and Concepts 49 Chapter Seven: Making Public Policy Through Bills and Resolutions 51 Introduction 52 Overview of Bills and Resolutions 52 Requirements for Bills: Tips for Legislators -
Tips for Talking with Your Legislators
Tips for Talking with Your Legislators There are three basic ways to communicate your point of view to your legislator: by letter/email, by phone or by visit. The personal visit is probably the most effective method, particularly if your legislator knows you or is familiar with the group or organization you represent. Personal Visit One of the most effective ways to “lobby” legislators is a face-to-face visit. Many legislators have offices within their home districts and make time available for meetings with constituents. All legislators have offices at the Capitol, although it is difficult for them to make and keep appointments during the session because of the hectic pace. Most legislators, however, will find a way to meet with constituents who have traveled to the Capitol. It is a good idea to visit your legislator in small groups – no more than 3 or 4 – and to keep your visit as brief as you can. Be sure that your legislator knows that you are a constituent. If you have family, social, business or political ties, mentioning them may help you make a strong connection with your legislator. Let your legislator know if you are working with a coalition on the issue, or if you are representing members of your organization. Be clear about what your position is and exactly what you want your legislator to do. Identify legislation by bill number. A brief, one page written assessment of your issue should be presented to your legislator so that he or she can refer to it later. Be firm on your position and remember that it is OK to disagree, but don’t argue or threaten your legislator if he or she disagrees with your stand. -
Constitutional Doctrine and the Judicial Manipulation of Legislative Enactment Costs
I:1 ALE LAW JO!YeUJRNAL MATTHEW C. STEPHENSON The Price of Public Action: Constitutional Doctrine and the Judicial Manipulation of Legislative Enactment Costs A B S T RA CT. This Article argues that courts can, and often should, implement constitutional guarantees by crafting doctrines that raise the costs to government decisionmakers of enacting constitutionally problematic policies. This indirect approach may implement a kind of implicit balancing of interests, in which the damage to constitutional values is weighed against the strength of the government's interest in the challenged policy, more effectively than alternative approaches. When the government has better information than the reviewing court about the effect of the challenged policy on constitutionally relevant interests, heightened enactment costs act as a kind of screening device: if the government would still enact a given policy in the face of substantial additional enactment costs, the probability that the policy serves significant government interests is likely to be higher. This Article first develops the theoretical argument as to how (and under what conditions) doctrines that manipulate legislative enactment costs may be more effective tools for judicial implementation of the Constitution than doctrines that require direct judicial assessment of the relative strength of the competing interests. The Article further contends that the federal judiciary already has the capacity to fashion doctrines that function in this way, and indeed current doctrine influences legislative enactment costs more than has generally been appreciated. A U T H 0 R. Assistant Professor, Harvard Law School. I am grateful to Richard Fallon, Eugene Kontorovich, Daryl Levinson, John Manning, Jonathan Masur, John McGinnis, Martha Minow, Bob Powell, Mark Tushnet, Adrian Vermeule, and participants in the 2007 Harvard-Berkeley Conference on Constitutions & Consequences for helpful comments on earlier drafts. -
Bliss, Donald T
The Association for Diplomatic Studies and Training Foreign Affairs Oral History Project AMBASSADOR DONALD T. BLISS Interviewed by: Charles Stuart Kennedy Initial interview date: November 21st, 2013 Copyright 2015 ADST TABLE OF CONTENTS Background Born, Norwalk, Connecticut, 1941 B.A. Principia College, 1963 J.D. Harvard Law School, 1966 Entered the Peace Corps Volunteer in Micronesia, 1966-1968 Department of Health, Education and Welfare (HEW) 1969-1973 Executive Secretary under the Honorable Elliot L. Richardson Department of Transportation 1973 Special Assistant (S-3) to Secretary of Transportation William (Bill) T. Coleman II U.S. Agency for International Development 1974-1975 Executive Secretary U.S. Department of Transportation 1975-1976 General Counsel Partner at O’Melveny and Myers LLP 1977-2006 Chair of Aviation and Transport American Bar Association (ABA) 1999-2001 Chair of the Air and Space Law Forum International Civil Aviation Organization (ICAO) Council 2006-2009 Appointed by George W. Bush as Permanent U.S. Representative to ICAO, held rank of Ambassador United National Association-National Capital Area 2009-2013 President of the UNA-NCA, 1 Retired (2013) INTERVIEW Q: Today is the 21st of November, 2013 with Ambassador Donald T. Bliss, B-L-I-S-S, and this is being done on behalf of the Association of Diplomatic Studies and Training. And I’m Charles Stuart Kennedy. And you go by Don. BLISS: Right. Q: All right, let’s start at the beginning. Where and when were you born? BLISS: I was born on November 24, 1941 in Norwalk, Connecticut. Q: OK. Let’s get a little family background. -
Civics and Economics CE.6 Study Guide
HISTORY AND SOCIAL SCIENCE STANDARDS OF LEARNING • Prepares the annual budget for congressional action CURRICULUM FRAMEWORK 2008 (NEW) Reformatted version created by SOLpass • Appoints cabinet officers, ambassadors, and federal judges www.solpass.org Civics and Economics • Administers the federal bureaucracy The judicial branch CE.6 Study Guide • Consists of the federal courts, including the Supreme Court, the highest court in the land • The Supreme Court exercises the power of judicial review. • The federal courts try cases involving federal law and questions involving interpretation of the Constitution of the United States. STANDARD CE.6A -- NATIONAL GOVERNMENT STRUCTURE The structure and powers of the national government. The Constitution of the United States defines the structure and powers of the national government. The powers held by government are divided between the national government in Washington, D.C., and the governments of the 50 states. What is the structure of the national government as set out in the United States Constitution? STANDARD CE.6B What are the powers of the national government? -- SEPARATION OF POWERS Legislative, executive, and judicial powers of the national government are distributed among three distinct and independent branches of government. The principle of separation of powers and the operation of checks and balances. The legislative branch • Consists of the Congress, a bicameral legislature The powers of the national government are separated consisting of the House of Representatives (435 among three -
Write to Your Legislators
ADVOCATING FOR CHANGE ______________________________________________________________________ Write to your legislators Tips for advocates from the Treatment Advocacy Center (www.treatmentadvocacycenter.org) Even a handful of letters can have a tremendous impact on your state legislator and their decision on whether to focus on or support treatment law reform. Letters do not have to be long-winded or full of statistics – in fact, short letters with personal stories are the most likely to be read. IDENTIFY YOUR LEGISLATOR(S) If you don’t know who your legislator is, call your local library or go online to a site like www.vote-smart.org or www.congress.org. These websites allow you to enter your ZIP code and get the names of your legislators; www.vote-smart.org also allows you to find out more about your legislators. Once you know who your legislators are, www.congress.org gives you the option to write all of your legislators in a form on their web page, with one click. WRITE YOUR LETTER Remember that you probably know more than your legislator about severe mental illness. Follow these tips for making sure your letter has maximum impact. Type or write legibly. If you are writing about a specific bill, include the bill number in the first few sentences or a reference ("RE:") line above the salutation. Be brief and to the point (preferably one page or less). Short letters get read! Use your own words and avoid the appearance of a form letter. Give your reasons for supporting or opposing a bill. Use a personal story, if possible. -
9929555.PDF (7.296Mb)
INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type o f computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely afreet reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6” x 9” black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. UMI A Bell & Howell Infonnation Company 300 North Zeeb Road, Ann Arbor MI 48106-1346 USA 313/761-4700 800/521-0600 UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE WARRING FACTIONS: SENATORS, NOMINEES, AND INTEREST GROUPS IN THE SENATE CONFIRMATION PROCESS A Dissertation SUBMITTED TO THE GRADUATE FACULTY In partial fulfillment of the requirements for the Degree of Doctor of Philosophy By LAUREN MICHELLE COHEN Norman, Oklahoma 1999 ÜMI Number: 9929555 UMI Microform 9929555 Copyright 1999, by UMI Company.