The Advice and Consent of the Senate
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Advice and Dissent: Due Process of the Senate
DePaul Law Review Volume 23 Issue 2 Winter 1974 Article 5 Advice and Dissent: Due Process of the Senate Luis Kutner Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Luis Kutner, Advice and Dissent: Due Process of the Senate, 23 DePaul L. Rev. 658 (1974) Available at: https://via.library.depaul.edu/law-review/vol23/iss2/5 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. ADVICE AND DISSENT: DUE PROCESS OF THE SENATE Luis Kutner* The Watergate affair demonstrates the need for a general resurgence of the Senate's proper role in the appointive process. In order to understand the true nature and functioning of this theoretical check on the exercise of unlimited Executive appointment power, the author proceeds through an analysis of the Senate confirmation process. Through a concurrent study of the Senate's constitutionally prescribed function of advice and consent and the historicalprecedent for Senatorial scrutiny in the appointive process, the author graphically describes the scope of this Senatorialpower. Further, the author attempts to place the exercise of the power in perspective, sug- gesting that it is relative to the nature of the position sought, and to the na- ture of the branch of government to be served. In arguing for stricter scrutiny, the author places the Senatorial responsibility for confirmation of Executive appointments on a continuum-the presumption in favor of Ex- ecutive choice is greater when the appointment involves the Executive branch, to be reduced proportionally when the position is either quasi-legis- lative or judicial. -
Congress Hall Hotel: an Historic Structure Report
University of Pennsylvania ScholarlyCommons Theses (Historic Preservation) Graduate Program in Historic Preservation 1991 Congress Hall Hotel: An Historic Structure Report Michael Calafati University of Pennsylvania Follow this and additional works at: https://repository.upenn.edu/hp_theses Part of the Historic Preservation and Conservation Commons Calafati, Michael, "Congress Hall Hotel: An Historic Structure Report" (1991). Theses (Historic Preservation). 313. https://repository.upenn.edu/hp_theses/313 Copyright note: Penn School of Design permits distribution and display of this student work by University of Pennsylvania Libraries. Suggested Citation: Calafati, Michael (1991). Congress Hall Hotel: An Historic Structure Report. (Masters Thesis). University of Pennsylvania, Philadelphia, PA. This paper is posted at ScholarlyCommons. https://repository.upenn.edu/hp_theses/313 For more information, please contact [email protected]. Congress Hall Hotel: An Historic Structure Report Disciplines Historic Preservation and Conservation Comments Copyright note: Penn School of Design permits distribution and display of this student work by University of Pennsylvania Libraries. Suggested Citation: Calafati, Michael (1991). Congress Hall Hotel: An Historic Structure Report. (Masters Thesis). University of Pennsylvania, Philadelphia, PA. This thesis or dissertation is available at ScholarlyCommons: https://repository.upenn.edu/hp_theses/313 st^^» V >;>«.>>•/' ^^Bi^i', i m. UNIVERSlTYy^^ PENNSYLVANIA. UBKARIES CONGRESS HALL HOTEL: AN HISTORIC -
John F. Kennedy and Berlin Nicholas Labinski Marquette University
Marquette University e-Publications@Marquette Master's Theses (2009 -) Dissertations, Theses, and Professional Projects Evolution of a President: John F. Kennedy and Berlin Nicholas Labinski Marquette University Recommended Citation Labinski, Nicholas, "Evolution of a President: John F. Kennedy and Berlin" (2011). Master's Theses (2009 -). Paper 104. http://epublications.marquette.edu/theses_open/104 EVOLUTION OF A PRESIDENT: JOHN F. KENNEDYAND BERLIN by Nicholas Labinski A Thesis submitted to the Faculty of the Graduate School, Marquette University, in Partial Fulfillment of the Requirements for the Degree of Master of Arts Milwaukee, Wisconsin August 2011 ABSTRACT EVOLUTION OF A PRESIDENT: JOHN F. KENNEDYAND BERLIN Nicholas Labinski Marquette University, 2011 This paper examines John F. Kennedy’s rhetoric concerning the Berlin Crisis (1961-1963). Three major speeches are analyzed: Kennedy’s Radio and Television Report to the American People on the Berlin Crisis , the Address at Rudolph Wilde Platz and the Address at the Free University. The study interrogates the rhetorical strategies implemented by Kennedy in confronting Khrushchev over the explosive situation in Berlin. The paper attempts to answer the following research questions: What is the historical context that helped frame the rhetorical situation Kennedy faced? What rhetorical strategies and tactics did Kennedy employ in these speeches? How might Kennedy's speeches extend our understanding of presidential public address? What is the impact of Kennedy's speeches on U.S. German relations and the development of U.S. and German Policy? What implications might these speeches have for the study and execution of presidential power and international diplomacy? Using a historical-rhetorical methodology that incorporates the historical circumstances surrounding the crisis into the analysis, this examination of Kennedy’s rhetoric reveals his evolution concerning Berlin and his Cold War strategy. -
§ 23. Executive Reorga- Nization Plans
POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 23 which may constitutionally crease efficiency; group, coordi- be exercised by Congress, nate, and consolidate agencies; re- but also rulemaking and en- duce the number of agencies by forcement powers which consolidation; and eliminate over- have been delegated to other lapping and duplication of ef- branches of government. The fort.(6) These purposes could be Speaker and President pro achieved by transferring all or tempore may appoint mem- part of an agency or the function bers to commissions whose thereof to another agency; abol- authority is restricted to in- ishing all or part of the functions vestigation and information- of an agency; consolidating or co- gathering. Buckley v Valeo, ordinating the whole or part of an 424 U.S. 1 (1976). agency with another agency or the same agency; authorizing an offi- cer to delegate any of his func- § 23. Executive Reorga- tions; or abolishing the whole or nization Plans part of an agency which did not have or would not, as a con- The President was, prior to sequence of the reorganization, 1973, authorized to reorganize an have any functions.(7) Under this agency or agencies of the execu- statute a reorganization plan tive department if he submitted a could not create, abolish, or trans- plan to each House of Congress. A fer an executive department or provision contained in a reorga- consolidate two or more executive nization plan could take effect departments. only if the plan was transmitted A reorganization plan accom- before Apr. 1, 1973,(5) since the panied by a declaration that the authority of the President to reorganization was necessary to transmit reorganization plans had accomplish a recognized purpose not been extended beyond that must be delivered to both Houses date. -
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 Membership and Appointment Authority to Advisory Commissions, Boards, and Groups
Congressional Membership and Appointment Authority to Advisory Commissions, Boards, and Groups Updated February 12, 2021 Congressional Research Service https://crsreports.congress.gov RL33313 Congressional Membership and Appointment Authority to Advisory Bodies Summary Over the past several decades, Congress, by statute, has established a wide array of commissions, boards, and advisory bodies to provide it with assistance in meeting various legislative, investigative, and administrative responsibilities. Some of these entities are temporary and created to serve specific functions, such as studying a discrete policy area or performing one-time tasks. Others are permanent, serving an ongoing purpose, such as overseeing an institution or performing a regular administrative function. The majority of these congressional bodies provide that Members of Congress, particularly the leadership, be intimately involved in the appointment process, either through direct service on a commission, or by appointing or recommending candidates for membership. The choice of a particular mechanism for membership appointment may have implications for the ability of these entities to fulfill their congressional mandates. Examination of the statutory language creating these bodies reveals several common approaches to membership selection. Each alternative schema has its advantages. For example, a commission or board composed entirely of Members permits a high degree of congressional control over the entity’s operations. Bodies composed mainly of qualified private citizens or executive branch appointees may provide a broader expertise than Member-only bodies. Assemblages of mixed membership provide some of the advantages of both Member and citizen-only appointment schemes. This report contains a compilation of existing commissions and boards that demonstrates the range of alternative membership-appointment structures. -
National Historical Park Pennsylvania
INDEPENDENCE National Historical Park Pennsylvania Hall was begun in the spring of 1732, when from this third casting is the one you see In May 1775, the Second Continental Con The Constitutional Convention, 1787 where Federal Hall National Memorial now ground was broken. today.) gress met in the Pennsylvania State House stands. Then, in 1790, it came to Philadel Edmund Woolley, master carpenter, and As the official bell of the Pennsylvania (Independence Hall) and decided to move The Articles of Confederation and Perpet phia for 10 years. Congress sat in the new INDEPENDENCE ual Union were drafted while the war was in Andrew Hamilton, lawyer, planned the State House, the Liberty Bell was intended to from protest to resistance. Warfare between County Court House (now known as Con building and supervised its construction. It be rung on public occasions. During the the colonists and British troops already had progress. They were agreed to by the last of gress Hall) and the United States Supreme NATIONAL HISTORICAL PARK was designed in the dignity of the Georgian Revolution, when the British Army occupied begun in Massachusetts. In June the Con the Thirteen States and went into effect in Court in the new City Hall. In Congress period. Independence Hall, with its wings, Philadelphia in 1777, the bell was removed gress chose George Washington to be Gen the final year of the war. Under the Arti Hall, George Washington was inaugurated has long been considered one of the most to Allentown, where it was hidden for almost eral and Commander in Chief of the Army, cles, the Congress met in various towns, only for his second term as President. -
Inaugural History
INAUGURAL HISTORY Here is some inaugural trivia, followed by a short description of each inauguration since George Washington. Ceremony o First outdoor ceremony: George Washington, 1789, balcony, Federal Hall, New York City. George Washington is the only U.S. President to have been inaugurated in two different cities, New York City in April 1789, and his second took place in Philadelphia in March 1793. o First president to take oath on January 20th: Franklin D. Roosevelt, 1937, his second inaugural. o Presidents who used two Bibles at their inauguration: Harry Truman, 1949, Dwight D. Eisenhower, 1953, George Bush, 1989. o Someone forgot the Bible for FDR's first inauguration in 1933. A policeman offered his. o 36 of the 53 U.S. Inaugurations were held on the East Portico of the Capitol. In 1981, Ronald Reagan was the first to hold an inauguration on the West Front. Platform o First platform constructed for an inauguration: Martin Van Buren, 1837 [note: James Monroe, 1817, was inaugurated in a temporary portico outside Congress Hall because the Capitol had been burned down by the British in the War of 1812]. o First canopied platform: Abraham Lincoln, 1861. Broadcasting o First ceremony to be reported by telegraph: James Polk, 1845. o First ceremony to be photographed: James Buchanan, 1857. o First motion picture of ceremony: William McKinley, 1897. o First electronically-amplified speech: Warren Harding, 1921. o First radio broadcast: Calvin Coolidge, 1925. o First recorded on talking newsreel: Herbert Hoover, 1929. o First television coverage: Harry Truman, 1949. [Only 172,000 households had television sets.] o First live Internet broadcast: Bill Clinton, 1997. -
Filibusters, Cloture, and the “Nuclear Option”: the Current Debate Over Changing Senate Rules for Approving Judicial Nominations
Filibusters, Cloture, and the “Nuclear Option”: The Current Debate Over Changing Senate Rules for Approving Judicial Nominations March, 2005 Paul E. Stinson Janelle M. Smith Nixon Peabody, LLP © 2005. All Rights Reserved. Filibusters, Cloture, and the “Nuclear Option”: The Current Debate Over Changing Senate Rules for Approving Judicial Nominations March, 2005 © 2005, Nixon Peabody, LLP. All Rights Reserved. Abstract This background research paper examines the possible use of a simple majority vote rule to end filibusters of federal judicial nominees in the United States Senate. Recently, political controversy surrounding filibusters of presidential judicial nominations has prompted some Senators to suggest the use of a Senate procedure for ending filibusters by simple majority vote. Currently, Senate Standing Rule XXII requires a 60-Senator majority for ending debate upon a nomination, and a 67-Senator vote for ending debate on a motion to alter the Senate Rules themselves. This procedure, deemed the “constitutional” option by its supporters and the “nuclear” option by its detractors, is essentially a means for bypassing the Standing Rules through alternate Senate procedures such as rulings from the Chair, motions to table, modifications of Senate precedents, and Standing Orders. The debates over both the use of the filibuster and the use of the nuclear option raise significant questions of constitutional interpretation, the historical record, and the nature of the Senate itself. This paper presents an outline of the major issues surrounding both debates, as well as a description of the option and how it might be implemented. Part I presents a brief introduction. Part II explores the history of the filibuster. -
S. Con. Res. 144
III 106TH CONGRESS 2D SESSION S. CON. RES. 144 Commemorating the 200th anniversary of the first meeting of Congress in Washington, DC. IN THE SENATE OF THE UNITED STATES OCTOBER 5 (legislative day, SEPTEMBER 22), 2000 Mr. Lott (for himself and Mr. DASCHLE) submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Commemorating the 200th anniversary of the first meeting of Congress in Washington, DC. Whereas November 17, 2000, is the 200th anniversary of the first meeting of Congress in Washington, DC; Whereas Congress, having previously convened at the Federal Hall in New York City and at the Congress Hall in Philadelphia, has met in the United States Capitol Build- ing since November 17, 1800; Whereas President John Adams, on November 22, 1800, ad- dressed a joint session of Congress in Washington, DC, for the first time, stating, ``I congratulate the people of the United States on the assembling of Congress at the permanent seat of their Government; and I congratulate you, gentlemen, on the prospect of a residence not to be changed.''; 2 Whereas, on December 12, 1900, Congress convened a joint meeting to observe the centennial of its residence in Washington, DC; Whereas since its first meeting in Washington, DC, on No- vember 17, 1800, Congress has continued to cultivate and build upon a heritage of respect for individual lib- erty, representative government, and the attainment of equal and inalienable rights, all of which are symbolized in the physical structure of the United States Capitol -
Appointment and Confirmation of Executive
Appointment and Confirmation of Executive Branch Leadership: An Overview name redacted Specialist in American National Government name redacted Analyst in Government Organization and Management June 22, 2015 Congressional Research Service 7-.... www.crs.gov R44083 Appointment and Confirmation of Executive Branch Leadership: An Overview Summary The Constitution divides the responsibility for populating the top positions in the executive branch of the federal government between the President and the Senate. Article II, Section 2 empowers the President to nominate and, by and with the advice and consent of the Senate, to appoint the principal officers of the United States, as well as some subordinate officers. These positions are generally filled through the advice and consent process, which can be divided into three stages: • First, the White House selects and clears a prospective appointee before sending a formal nomination to the Senate. • Second, the Senate determines whether to confirm a nomination. For most nominations, much of this process occurs at the committee level. • Third, the confirmed nominee is given a commission and sworn into office, after which he or she has full authority to carry out the duties of the office. The President may also be able to fill vacancies in advice and consent positions in the executive branch temporarily through other means. If circumstances permit and conditions are met, the President could choose to give a recess appointment to an individual. Such an appointment would last until the end of the next session of the Senate. Alternatively, in some cases, the President may be able to designate an official to serve in a vacant position on a temporary basis under the Federal Vacancies Reform Act or under statutory authority specific to the position. -
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.