DOCSLIB.ORG

Congressional Record—House H323

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Congressional Record—House H323 January 11, 2017 CONGRESSIONAL RECORD — HOUSE H323 Cheney Hice, Jody B. Murphy (FL) Thornberry Vela´ zquez Wenstrup REGULATORY ACCOUNTABILITY Chu, Judy Higgins (LA) Murphy (PA) Tiberi Visclosky Westerman Cicilline Higgins (NY) Napolitano Tipton Wagner Williams ACT OF 2017 Clark (MA) Hill Neal Titus Walberg Wilson (FL) GENERAL LEAVE Clarke (NY) Himes Newhouse Tonko Walden Wilson (SC) Mr. GOODLATTE. Mr. Speaker, I ask Cleaver Holding Noem Torres Walker Wittman Coffman Hollingsworth Nolan Trott Walorski Womack unanimous consent that all Members Cohen Hoyer Norcross Tsongas Walters, Mimi Woodall may have 5 legislative days within Cole Hudson Nunes Turner Walz Yarmuth which to revise and extend their re- Collins (GA) Huffman O’Halleran Upton Wasserman Yoder marks and include extraneous mate- Collins (NY) Huizenga O’Rourke Valadao Schultz Yoho Comer Hultgren Olson Vargas Weber (TX) Young (AK) rials on H.R. 5. Comstock Hurd Palazzo Veasey Webster (FL) Young (IA) The SPEAKER pro tempore. Is there Conaway Issa Pallone Vela Welch Zeldin objection to the request of the gen- Connolly Jayapal Palmer NAYS—17 tleman from Virginia? Conyers Jeffries Panetta There was no objection. Cook Jenkins (KS) Pascrell Amash Gosar Labrador Cooper Jenkins (WV) Paulsen Brat Griffith Massie The SPEAKER pro tempore (Mr. Correa Johnson (LA) Pearce Brooks (AL) Grothman Perry ALLEN). Pursuant to House Resolution Costa Johnson (OH) Pelosi Buck Hunter Poe (TX) 33 and rule XVIII, the Chair declares Costello (PA) Johnson, Sam Peters Budd Jones Sanford the House in the Committee of the Courtney Joyce (OH) Peterson Gohmert Jordan Whole House on the state of the Union Cramer Kaptur Pingree NOT VOTING—31 Crawford Katko Pittenger for the consideration of the bill, H.R. 5. Crist Keating Pocan Bass Jackson Lee Pompeo The Chair appoints the gentleman Crowley Kelly (MS) Poliquin Becerra Johnson (GA) Price, Tom (GA) from Illinois (Mr. BOST) to preside over Bishop (GA) Johnson, E. B. Cuellar Kelly (PA) Polis Richmond the Committee of the Whole. Culberson Kennedy Posey Brown (MD) Kelly (IL) Rush Cummings Khanna Price (NC) Butterfield Lee Rutherford b 1350 Curbelo (FL) Kihuen Quigley Clay Lewis (GA) Ryan (OH) Davidson Kildee Raskin Clyburn Moore Waters, Maxine IN THE COMMITTEE OF THE WHOLE Davis (CA) Kilmer Ratcliffe Evans Mulvaney Watson Coleman Accordingly, the House resolved Fudge Nadler Davis, Danny Kind Reed Zinke itself into the Committee of the Whole Davis, Rodney King (IA) Reichert Green, Al Payne DeFazio King (NY) Renacci Harris Perlmutter House on the state of the Union for the DeGette Kinzinger Rice (NY) consideration of the bill (H.R. 5) to re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Delaney Knight Rice (SC) form the process by which Federal The SPEAKER pro tempore (during DeLauro Krishnamoorthi Roby agencies analyze and formulate new DelBene Kuster (NH) Roe (TN) the vote). There are 2 minutes remain- regulations and guidance documents, Demings Kustoff (TN) Rogers (AL) ing. Denham LaHood Rogers (KY) to clarify the nature of judicial review Dent LaMalfa Rohrabacher b 1346 of agency interpretations, to ensure DeSantis Lamborn Rokita DeSaulnier Lance Rooney, Francis So (two-thirds being in the affirma- complete analysis of potential impacts DesJarlais Langevin Rooney, Thomas tive) the rules were suspended and the on small entities of rules, and for other Deutch Larsen (WA) J. bill was passed. purposes, with Mr. BOST in the chair. Diaz-Balart Larson (CT) Ros-Lehtinen The result of the vote was announced The Clerk read the title of the bill. Dingell Latta Rosen The CHAIR. Pursuant to the rule, the Doggett Lawrence Roskam as above recorded. Donovan Lawson (FL) Ross bill is considered read the first time. A motion to reconsider was laid on The gentleman from Virginia (Mr. Doyle, Michael Levin Rothfus the table. F. Lewis (MN) Rouzer GOODLATTE) and the gentleman from Duffy Lieu, Ted Roybal-Allard PERSONAL EXPLANATION Michigan (Mr. CONYERS) each will con- Duncan (SC) Lipinski Royce (CA) Mr. BROWN of Maryland. Mr. Speaker, I re- Duncan (TN) LoBiondo Ruiz trol 30 minutes. Dunn Loebsack Ruppersberger grettably was absent from the following votes The Chair recognizes the gentleman Ellison Lofgren Russell in order to attend the Senate confirmation from Virginia. Emmer Long Sa´ nchez hearing for Attorney General nominee Senator Mr. GOODLATTE. Mr. Chairman, I Engel Loudermilk Sarbanes Eshoo Love Scalise SESSIONS. Had I been present, I would have yield myself such time as I may con- Espaillat Lowenthal Schakowsky voted ‘‘nay’’ on rollcall No. 32, ‘‘nay’’ on rollcall sume. Esty Lowey Schiff No. 33, and ‘‘yea’’ on rollcall No. 34. Mr. Chairman, it is a new day in Farenthold Lucas Schneider America. For 8 years, the Obama ad- Faso Luetkemeyer Schrader PERSONAL EXPLANATION Ferguson Lujan Grisham, Schweikert Mr. CLAY. Mr. Speaker, I attended Senate ministration has brought us one thing Fitzpatrick M. Scott (VA) confirmation hearing for U.S. Attorney General in response to the Nation’s need for re- ´ Fleischmann Lujan, Ben Ray Scott, Austin in Judiciary Committee. Had I been present, I covery from hard times—failure. Flores Lynch Scott, David Bold, innovative measures to unleash Fortenberry MacArthur Sensenbrenner would have voted ‘‘nay’’ on rollcall No. 32, Foster Maloney, Serrano ‘‘nay’’ on rollcall No. 33, and ‘‘yea’’ on rollcall American freedom, opportunity, and Foxx Carolyn B. Sessions No. 34. resourcefulness could have brought Frankel (FL) Maloney, Sean Sewell (AL) prosperity’s return after the Great Re- PERSONAL EXPLANATION Franks (AZ) Marchant Shea-Porter cession, just as under Ronald Reagan Frelinghuysen Marino Sherman Mr. EVANS. Mr. Speaker, I attended Senate Gabbard Marshall Shimkus following his era’s recession. Gaetz Mast Shuster hearing. Had I been present, I would have But the Obama administration re- Gallagher Matsui Simpson voted ‘‘nay’’ on rollcall No. 32, ‘‘nay’’ on rollcall sponded differently, with measure after Gallego McCarthy Sinema No. 33, and ‘‘yea’’ on rollcall No. 34. Garamendi McCaul Sires overreaching measure, through regula- Garrett McClintock Slaughter PERSONAL EXPLANATION tion, taxes, and spending. It was con- Gibbs McCollum Smith (MO) Ms. JACKSON LEE. Mr. Speaker, on sumed by the folly of trying to force Gonzalez (TX) McEachin Smith (NE) Wednesday, January 11, 2017, I was unavoid- transformation from the American peo- Goodlatte McGovern Smith (NJ) Gottheimer McHenry Smith (TX) ably detained attending to representation du- ple through command and control from Gowdy McKinley Smith (WA) ties and was not present for rollcall Votes 32 Washington. Everywhere it went, it Granger McMorris Smucker through 34. Had I been present, I would have sought to choose the winners and los- Graves (GA) Rodgers Soto voted as follows: On rollcall 32, I would have Graves (LA) McNerney Speier ers. Graves (MO) McSally Stefanik voted ‘‘no.’’ On rollcall 33, I would have voted When Washington tries to choose the Green, Gene Meadows Stewart ‘‘no.’’ On rollcall 34, I would have voted ‘‘aye.’’ winners and losers, we all lose. And Grijalva Meehan Stivers f lose we have. We have a national debt Guthrie Meeks Suozzi of $20 trillion thanks to the outgoing Gutie´rrez Meng Swalwell (CA) MESSAGE FROM THE PRESIDENT Hanabusa Messer Takano administration’s blowout spending. We Harper Mitchell Taylor A message in writing from the Presi- have an economy that for 8 years has Hartzler Moolenaar Tenney dent of the United States was commu- failed to produce enough good, new, Hastings Mooney (WV) Thompson (CA) Heck Moulton Thompson (MS) nicated to the House by Mr. Brian full-time jobs to sustain growth and re- Hensarling Mullin Thompson (PA) Pate, one of his secretaries. store dignity to the unemployed. We VerDate Sep 11 2014 01:54 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.008 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H324 CONGRESSIONAL RECORD — HOUSE January 11, 2017 have 92 million Americans outside the Title IV prevents one of the most HOUSE OF REPRESENTATIVES, workforce, a level not seen since the egregious of bureaucrats’ regulatory COMMITTEE ON THE JUDICIARY, Carter years, and nearly $2 trillion of abuses: the promulgation of new rules Washington, DC, January 6, 2017. Hon. JASON CHAFFETZ, American wealth is commandeered that impose over a billion dollars in each year to be spent as Washington Chairman, Committee on Oversight and Govern- annual compliance costs, which must ment Reform, Washington, DC. bureaucrats see fit, through runaway then be complied with even while meri- DEAR CHAIRMAN CHAFFETZ: Thank you for regulation. consulting with the Committee on the Judi- But it is a new day in America. An torious litigation challenging their issuance proceeds in court. Title IV, ciary and agreeing to be discharged from fur- incoming administration promises a ther consideration of H.R. 5, the ‘‘Regulatory new approach to make America great the REVIEW Act, eliminates this Accountability Act,’’ so that the bill may again. Central to that approach is reg- abuse, forcing agencies to stay their proceed expeditiously to the House floor. ulatory reform. The Obama adminis- billion-dollar rules administratively if I agree that your foregoing further action tration abused regulation to force its they are timely challenged in court. on this measure does not in any way dimin- ish or alter the jurisdiction of your com- will on the American people. The as- And in titles V and VI of the bill, the mittee or prejudice its jurisdictional prerog- sembling Trump administration prom- ALERT Act and the Providing Ac- atives on this bill or similar legislation in ises to wipe out abusive regulation, countability Through Transparency the future. I would support your effort to freeing Americans to innovate and Act, this legislation delivers much- seek appointment of an appropriate number prosper once more. Today’s legislation needed, greater transparency for the of conferees from your committee to any will give this new administration the House-Senate conference on this legislation.
Load more

Recommended publications
  • The Johnson Amendment in Light of Recent Supreme Court Precedent
    REGENT UNIVERSITY LAW REVIEW Volume 24 2011–2012 Number 2 LBJ, THE IRS, AND CHURCHES: THE UNCONSTITUTIONALITY OF THE JOHNSON AMENDMENT IN LIGHT OF RECENT SUPREME COURT PRECEDENT Erik W. Stanley* TABLE OF CONTENTS INTRODUCTION ........................................................................................... 238 I. CHURCH TAX EXEMPTION IN HISTORY ................................................... 241 A. A Brief History of Church Tax Exemption Generally ..................... 241 B. Restrictions on the Exemption ......................................................... 242 1. The 1954 U.S. Senate Race in Texas ......................................... 244 2. The Johnson Amendment........................................................... 246 II. IRS ENFORCEMENT OF THE JOHNSON AMENDMENT ............................ 248 A. Vague Enforcement .......................................................................... 249 1. “Facts and Circumstances” ........................................................ 249 2. “Code Words” ............................................................................... 251 3. “Issue Advocacy” or “Campaign Intervention”? ........................ 251 4. Who Is a “Candidate”? ................................................................ 252 5. Vague Enforcement Leading to Self-Censorship ...................... 252 B. Drawing the Line at Speech from the Pulpit .................................. 253 C. Unequal Application ........................................................................ 255 D.
    [Show full text]
  • Richard G. Hewlett and Jack M. Holl. Atoms
    ATOMS PEACE WAR Eisenhower and the Atomic Energy Commission Richard G. Hewlett and lack M. Roll With a Foreword by Richard S. Kirkendall and an Essay on Sources by Roger M. Anders University of California Press Berkeley Los Angeles London Published 1989 by the University of California Press Berkeley and Los Angeles, California University of California Press, Ltd. London, England Prepared by the Atomic Energy Commission; work made for hire. Library of Congress Cataloging-in-Publication Data Hewlett, Richard G. Atoms for peace and war, 1953-1961. (California studies in the history of science) Bibliography: p. Includes index. 1. Nuclear energy—United States—History. 2. U.S. Atomic Energy Commission—History. 3. Eisenhower, Dwight D. (Dwight David), 1890-1969. 4. United States—Politics and government-1953-1961. I. Holl, Jack M. II. Title. III. Series. QC792. 7. H48 1989 333.79'24'0973 88-29578 ISBN 0-520-06018-0 (alk. paper) Printed in the United States of America 1 2 3 4 5 6 7 8 9 CONTENTS List of Illustrations vii List of Figures and Tables ix Foreword by Richard S. Kirkendall xi Preface xix Acknowledgements xxvii 1. A Secret Mission 1 2. The Eisenhower Imprint 17 3. The President and the Bomb 34 4. The Oppenheimer Case 73 5. The Political Arena 113 6. Nuclear Weapons: A New Reality 144 7. Nuclear Power for the Marketplace 183 8. Atoms for Peace: Building American Policy 209 9. Pursuit of the Peaceful Atom 238 10. The Seeds of Anxiety 271 11. Safeguards, EURATOM, and the International Agency 305 12.
    [Show full text]
  • Getting Ready for Health Reform 2020: What Past Presidential Campaigns Can Teach Us
    REPORT JUNE 2018 Getting Ready for Health Reform 2020: What Past Presidential Campaigns Can Teach Us Jeanne M. Lambrew Senior Fellow The Century Foundation ABSTRACT KEY TAKEAWAYS ISSUE: The candidates for the 2020 presidential election are likely to Campaign plans are used by emerge within a year, along with their campaign plans. Such plans will supporters and the press to hold presidents accountable. Though include, if not feature, health policy proposals, given this issue’s general voters are unlikely to believe that significance as well as the ongoing debate over the Affordable Care Act. politicians keep their promises, GOAL: To explain why campaign plans matter, review the health policy roughly two-thirds of campaign components of past presidential campaign platforms, and discuss the promises were kept by presidents likely 2020 campaign health reform plans. from 1968 through the Obama years. METHODS: Review of relevant reports, data, party platforms, and policy documents. Health policy will likely play FINDINGS AND CONCLUSIONS: Proposals related to health care have a significant role in the 2020 grown in scope in both parties’ presidential platforms over the past election, with Republicans focused on deregulation and century and affect both agendas and assessments of a president’s capped federal financing success. Continued controversy over the Affordable Care Act, potential and Democrats backing the reversals in gains in coverage and affordability, and voters’ concern Affordable Care Act and a suggest a central role for health policy in the 2020 election. Republicans Medicare-based public plan will most likely continue to advance devolution, deregulation, and option. capped federal financing, while Democrats will likely overlay their support of the Affordable Care Act with some type of Medicare-based public plan option.
    [Show full text]
  • A Historical Perspective of the Permeable IRS Prohibition on Campaigning by Churches Patrick L
    Boston College Law Review Volume 42 Issue 4 The Conflicted First Amendment: Tax Article 1 Exemptions, Religious Groups, And Political Activity 7-1-2001 More Honored in the Breach: A Historical Perspective of the Permeable IRS Prohibition on Campaigning by Churches Patrick L. O'Daniel Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Religion Law Commons, and the Tax Law Commons Recommended Citation Patrick L. O'Daniel, More Honored in the Breach: A Historical Perspective of the Permeable IRS Prohibition on Campaigning by Churches, 42 B.C.L. Rev. 733 (2001), http://lawdigitalcommons.bc.edu/bclr/vol42/iss4/1 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. MORE HONORED IN THE BREACH: A HISTORICAL PERSPECTIVE OF THE PERMEABLE IRS PROHIBITION ON CAMPAIGNING BY CHURCHES PATRICK L. O'DANIEL* Abstract: Since 1954, there has been a prohibition on certain forms of intervention in political campaigns by entities exempt frOm taxation under section 501(c) (3) of the Internal Revenue Code—including most. churches. This Article provides a historical perspective on the genesis of this prohibition—the 1954 U.S. Senate campaign of its sponsor, Lyndon Baines Johnson, and the involvement of religious entities and other 501 (c) (3) organizations in his political campaign. Although Johnson was not opposed to using churches to advance his own political interests, lie (lid seek to prevent ideological, tax-exempt organizations from funding McCarthyite candidates including his opponent in the Democratic primary, Dudley Dougherty.
    [Show full text]
  • REVIEW of INTERNAL REVENUE CODE SECTION 501(C)(3) REQUIREMENTS for RELIGIOUS ORGANIZATIONS
    REVIEW OF INTERNAL REVENUE CODE SECTION 501(c)(3) REQUIREMENTS FOR RELIGIOUS ORGANIZATIONS HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT OF THE COMMITTEE ON WAYS AND MEANS HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTH CONGRESS SECOND SESSION MAY 14, 2002 Serial No. 107–69 Printed for the use of the Committee on Ways and Means ( U.S. GOVERNMENT PRINTING OFFICE 80–331 WASHINGTON : 2002 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 01:17 Aug 15, 2002 Jkt 010199 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 W:\DISC\80331.XXX txed01 PsN: txed01 COMMITTEE ON WAYS AND MEANS BILL THOMAS, California, Chairman PHILIP M. CRANE, Illinois CHARLES B. RANGEL, New York E. CLAY SHAW, JR., Florida FORTNEY PETE STARK, California NANCY L. JOHNSON, Connecticut ROBERT T. MATSUI, California AMO HOUGHTON, New York WILLIAM J. COYNE, Pennsylvania WALLY HERGER, California SANDER M. LEVIN, Michigan JIM MCCRERY, Louisiana BENJAMIN L. CARDIN, Maryland DAVE CAMP, Michigan JIM MCDERMOTT, Washington JIM RAMSTAD, Minnesota GERALD D. KLECZKA, Wisconsin JIM NUSSLE, Iowa JOHN LEWIS, Georgia SAM JOHNSON, Texas RICHARD E. NEAL, Massachusetts JENNIFER DUNN, Washington MICHAEL R. MCNULTY, New York MAC COLLINS, Georgia WILLIAM J. JEFFERSON, Louisiana ROB PORTMAN, Ohio JOHN S. TANNER, Tennessee PHIL ENGLISH, Pennsylvania XAVIER BECERRA, California WES WATKINS, Oklahoma KAREN L. THURMAN, Florida J.D. HAYWORTH, Arizona LLOYD DOGGETT, Texas JERRY WELLER, Illinois EARL POMEROY, North Dakota KENNY C.
    [Show full text]
  • The First Amendment
    Columbus Bar LAWYERS Winter 2018 QUARTERLY Winter 2018 Special Issue THE FIRST AMENDMENT In this issue, Columbus Bar Lawyers Quarterly examines the First Amendment: from fake news to hate speech, lawyer advertising to protests and religious freedoms to freedom of speech. This issue also explores the importance of networking, staying healthy and discussing diversity. A publication of the Columbus Bar Association • www.cbalaw.org Table of LAWYERS Contents QUARTERLY Winter 2018 How to Ethically Tell Your Story A Message from the 26 (and Theirs) Columbus Bar Association Executive Director Kwame Christian Editorial Board 4 When Did Your Future Become Book Review: Business and About Money? 28 Commercial Litigation Jill Snitcher McQuain Angela Baldree Chair Janyce Katz President’s Page The First Amendment Board Members The Very Best of Our Profession: Our Moment in History: Protesting Jack D’Aurora 6 Legal Aid, Pro Bono and Our 30 and Censorship Jeffrey Eyerman Commitment to Access to Justice Elizabeth Bonham Amy Koorn Lisa Pierce Reisz Melanie Tobias 32 Lawyer Advertising under the Bar Insider First Amendment Jason H. Beehler Norton Webster: 30 Years of Free Speech or Discrimination: Editor 8 Service, a Lifetime of Impact 34 When Cake Shops Stop Serving Kelsey Pohlman Kelsey Pohlman Carly Edelstein What If You Threw a Party and From a Media Perspective: Fake News Design/Production 10 Nobody Came? 36 Colleen Marshall Sarah Curran Hon. Charles Schneider From a Citizen’s Perspective: Fake News Have the Tough Conversations 38 12 About Diversity and Inclusion Janyce C. Katz Lindsay Ford Ellis Check, Please! Hate Speech and the Columbus Bar Association 42 First Amendment 175 S.
    [Show full text]
  • Congressional Record—House H6912
    H6912 CONGRESSIONAL RECORD — HOUSE October 1, 2002 From 1981–2001, New York lists the highest the last year. We will remember the impact dren, the Foundation is now creating the first number of firefighters in the country who were these brave firefighters have made in towns National Park to memorialize fallen firefighters lost in the line of duty. New York is at the very and communities throughout America and the in Emmitsburg, Maryland. And this Sunday, top of an extremely unfortunate list. Last year heroism that has saved countless lives. October 6th, the Foundation will sponsor a alone there were 347 dedicated firefighters On behalf of the First Congressional District memorial weekend to honor the commitment, who died in the World Trade Center disaster. of New York—home to several fallen fire- bravery and sacrifice of the 446 firefighters Overall, the dragon kills about 4,500 people fighters—I join my colleagues in support of H. who died in the line of duty in the past year, per year, more than all natural disasters com- Con. Res. 476. 343 whose lives were taken on September bined. Another 27,000 people are injured, not Mr. GEKAS. Madam Speaker, I rise today in 11th, 2001. to mention the emotional and financial injuries strong support of H. Con. Res. 476 and urge No one could have anticipated the mag- incurred by the families of fallen firefighters. my colleagues to support this important piece nitude of destruction and loss of life that oc- The families of firefighters live a life of un- of legislation as well.
    [Show full text]
  • The Tax Legislative Process: a Byrd's Eye View
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2018 The Tax Legislative Process: A Byrd's Eye View Ellen P. Aprill Daniel Hemel Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Ellen Aprill & Daniel Hemel, "The Tax Legislative Process: A Byrd's Eye View," 81 Law and Contemporary Problems 99 (2018). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. APRILL_HEMEL_FINAL (DO NOT DELETE) 5/16/2018 4:54 PM THE TAX LEGISLATIVE PROCESS: A BYRD’S EYE VIEW ELLEN P. APRILL* AND DANIEL J. HEMEL** I INTRODUCTION The year 2017 was, among other distinctions, the year of the Byrd rule. This once-obscure Senate procedural provision—on the books since 1985 but only recently the stuff of page one news1— featured prominently in several failed attempts to repeal the Affordable Care Act in the spring and summer. Then again at year’s end, the Byrd rule played a central role in the successful effort to rewrite large swaths of the Internal Revenue Code. While the Byrd rule has influenced the legislative process in the past, never before has it drawn so much attention from the mainstream and trade press, and never before has it shaped so consequential a law in such a significant way. One theme that runs throughout this article is that when it comes to the budget math mandated by the Byrd rule, numbers can obscure the truth.
    [Show full text]
  • Copyright © 2010 by Roger Colinvaux. All Rights Reserved. PRELIMINARY
    PRELIMINARY DRAFT – PLEASE DO NOT QUOTE OR DISTRIBUTE WITHOUT PERMISSION. October 14, 2010 Citizens United and the Political Speech of Charities: A Conservative Approach* Roger Colinvaux Table of Contents Introduction ..................................................................................................................... 3 I. Historical Background of a Noble Rule ....................................................................... 6 A. A Brief History of the Prohibition: A Noncontroversial Rule ................................. 6 B. Legislative Developments After Enactment .......................................................... 12 C. Criticisms of and Reasons For The Rule .............................................................. 14 II. Does Citizens United Condemn the Political Activities Prohibition? .......................... 21 A. Introduction ........................................................................................................ 21 B. Purpose of the Rule ............................................................................................. 23 C. Sanctions ............................................................................................................. 30 D. A Ban on Speech .................................................................................................. 32 E. Identity Discrimination ........................................................................................ 35 F. Existing Jurisprudence Supports the Political Activities Prohibition .....................
    [Show full text]
  • A NN0UAL 1R E6 PORT Americans United’S Mission
    AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE 2A NN0UAL 1R E6 PORT Americans United’s Mission Americans United for Separation of Church and State is a nonpartisan educa - tional and advocacy organization dedicated Contents to advancing the constitutional principle of 3 Letter from the Director church-state separation as the only way to 4 Protect Thy Neighbor Project 7 Project Fair Play ensure freedom of religion, including the right 8 Private School Vouchers to believe or not believe, for all Americans. 10 Freedom of Conscience Americans United, or AU, is a 501(c)(3) 12 The Chapter Network nonprofit advocacy organization based in 14 Outreach and Education 16 Organizational Structure Washington, D.C. Founded in 1947, Ameri - 17 National Staff cans United works in the courts, in Congress 18 Financial Statement and state legislatures, with federal, state and 20 AU Contributors local policymakers and in the arena of public opinion to uphold religious freedom. We envision an America where everyone can freely choose a faith and support it voluntar - ily, or follow no religious or spiritual path at all, and where the government does not promote religion over non-religion or favor one faith over another. 2 A Letter From Barry W. Lynn, Executive Director Of Americans United Thanks to your support, Americans United had an extremely productive and successful 2016. The year saw a dramatic escalation of AU’s Protect Thy Neighbor (PTN) project, a spe - cial effort launched in 2015 that focuses on the importance of religious liberty. PTN, which involves all of AU’s departments, reminds Americans that religious freedom is de - signed to be an instrument to protect individual beliefs, not a device to take away the rights of others.
    [Show full text]
  • Law Within Congress Abstract
    JONATHAN S. GOULD Law Within Congress abstract. Procedure has long shaped how Congress operates. Procedural battles have been central to legislative contestation about civil rights, the welfare state, tax policy, and presidential impeachments. In these instances and many others, procedural disputes often turn not on written rules but on parliamentary precedents. These precedents constitute a hidden system of law that has received little scholarly attention, despite being critical to shaping what goes on in Congress. This Article explores parliamentary precedent in Congress. Parliamentary precedent mostly resembles judicial precedent: both are common-law systems that rely on the arguments of adver- sarial parties. But the two systems differ in key respects. Parliamentary decision-making employs an especially strong form of stare decisis, is minimalist in the extreme, and relies freely on legisla- tive purpose and legislative history as tools of interpretation. These seemingly legal dynamics play out in the shadow of congressional politics. Understand- ing parliamentary precedent requires understanding the institutional positions of the parliamen- tarians, the nonpartisan officials who resolve procedural disputes. The parliamentarians’ distinc- tive jurisprudence reflects their tenuous positions—namely, that they can be removed, overruled, or circumvented by the majority party. Drawing on novel interviews with parliamentarians and the legislative staffers who work closely with them, this Article illuminates the intersection of law and politics in the making of parliamentary precedent. A better understanding of parliamentary precedent contributes to our understanding of how Congress operates and the fault lines that emerge in an age of polarization and hardball. These dynamics also hold lessons for public law more broadly.
    [Show full text]
  • Has the Johnson Amendment Ever Been Enforced
    Has The Johnson Amendment Ever Been Enforced Bespoken and virulent Vance controvert so ticklishly that Sumner bust-ups his vanes. Snowier and light-sensitive Joshuah demagnetised his vote backfill geologises aflame. Decent Gerrit never indwelt so untunefully or achromatize any Parisian exceeding. Presiding officer during the amendment amending the senate by. If not be painful to his objection has ever since. He has been enforced by amendments are a similar reporting racist activity right of amendment enforcement. King and enforcement officers of washington. They make and to their private actions for the free exercise of representatives to those questions were for states servicemen expressing beliefs, been the enforced the respondent were among us. The members of justice that ever holding office, amendment ever match those matters as. The constitution check: terrorism planning to. Absolutely nothing stopping anyone else: mr beamon sought to express themselves had been antiwar elements in vindicating their obligations as ever been unreasonably detained and been so help. This has been enforced policies should be indirect constraint on addressing these restrictions. Our courtroom or he used regularly cited if not be a political scientist john kingdon and been the johnson amendment has ever enforced against killing of conduct military and johnson and the. Place in johnson. General government is what are likely ever enforced by strong presumption should be judged against a statement. United states have enforced the johnson amendment has ever been restricted to be flying it is properly protect and often pass constitutional rights? Qaeda or adopted that johnson escalated american. The public health law school teachers on particular cases dealing with private interests that when civil office.
    [Show full text]