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Beyond the Bully Pulpit: Presidential Speech in the Courts
SHAW.TOPRINTER (DO NOT DELETE) 11/15/2017 3:32 AM Beyond the Bully Pulpit: Presidential Speech in the Courts Katherine Shaw* Abstract The President’s words play a unique role in American public life. No other figure speaks with the reach, range, or authority of the President. The President speaks to the entire population, about the full range of domestic and international issues we collectively confront, and on behalf of the country to the rest of the world. Speech is also a key tool of presidential governance: For at least a century, Presidents have used the bully pulpit to augment their existing constitutional and statutory authorities. But what sort of impact, if any, should presidential speech have in court, if that speech is plausibly related to the subject matter of a pending case? Curiously, neither judges nor scholars have grappled with that question in any sustained way, though citations to presidential speech appear with some frequency in judicial opinions. Some of the time, these citations are no more than passing references. Other times, presidential statements play a significant role in judicial assessments of the meaning, lawfulness, or constitutionality of either legislation or executive action. This Article is the first systematic examination of presidential speech in the courts. Drawing on a number of cases in both the Supreme Court and the lower federal courts, I first identify the primary modes of judicial reliance on presidential speech. I next ask what light the law of evidence, principles of deference, and internal executive branch dynamics can shed on judicial treatment of presidential speech. -
The Most Popular President? - the Hauenstein Center for Presidential Studies - Grand Va
Grand Valley State University ScholarWorks@GVSU Features Hauenstein Center for Presidential Studies 2-15-2005 The oM st Popular President? Follow this and additional works at: http://scholarworks.gvsu.edu/features Recommended Citation "The osM t Popular President?" (2005). Features. Paper 115. http://scholarworks.gvsu.edu/features/115 This Article is brought to you for free and open access by the Hauenstein Center for Presidential Studies at ScholarWorks@GVSU. It has been accepted for inclusion in Features by an authorized administrator of ScholarWorks@GVSU. For more information, please contact [email protected]. The Most Popular President? - The Hauenstein Center for Presidential Studies - Grand Va... Page 1 of 5 The Most Popular President? Abraham Lincoln on Bookshelves and the Web This weekend we celebrated the birthday of Abraham Lincoln -- perhaps the most popular subject among scholars, students, and enthusiasts of the presidency. In bookstores Lincoln has no rival. Not even FDR can compare -- in the past two years 15 books have been published about Lincoln to FDR's 10, which is amazing since that span included the 60th anniversaries of D-Day and Roosevelt's historic 4th term, and anticipated the anniversary of his death in office. Lincoln is also quite popular on the web, with sites devoted to the new Abraham Lincoln Presidential Library and Museum, his birthplace, home, and papers. And he is popular in the press -- perhaps no deceased former president is more frequently incorporated into our daily news. Below, the Hauenstein Center has gathered recently written and forthcoming books about Lincoln, links to websites, and news and commentary written about Lincoln since the New Year. -
Diversity, Inclusion, and Equal Opportunity in the Armed Services: Background and Issues for Congress
Diversity, Inclusion, and Equal Opportunity in the Armed Services: Background and Issues for Congress Updated June 5, 2019 Congressional Research Service https://crsreports.congress.gov R44321 SUMMARY R44321 Diversity, Inclusion, and Equal Opportunity in June 5, 2019 the Armed Services: Background and Issues for Kristy N. Kamarck Congress Specialist in Military Manpower Under Article 1, Section 8 of the U.S. Constitution, Congress has the authority to raise and support armies; provide and maintain a navy; and provide for organizing, disciplining, and regulating them. Congress has used this authority to establish criteria and standards for individuals to be recruited, to advance through promotion, and to be separated or retired from military service. Throughout the history of the armed services, Congress has established some of these criteria based on demographic characteristics such as race, sex, and sexual orientation. In the past few decades there have been rapid changes to certain laws and policies regarding diversity, inclusion, and equal opportunity – in particular towards women serving in combat arms occupational specialties, and the inclusion of lesbian, gay, bisexual, and transgender (LGBT) individuals. Some of these changes remain contentious and face continuing legal challenges. Military manpower requirements derive from the National Military Strategy and are determined by the military services based on the workload and competencies required to deliver essential capabilities. Filling these capability needs, from combat medics to drone operators, often requires a wide range of backgrounds, skills and knowledge. To meet their recruiting mission, the military services draw from a demographically diverse pool of U.S. youth. Some have argued that military policies and programs that support diversity, inclusion, and equal opportunity can enhance the services’ ability to attract, recruit and retain top talent. -
UC Riverside UC Riverside Electronic Theses and Dissertations
UC Riverside UC Riverside Electronic Theses and Dissertations Title Heretical Queers: Gay Participation in Anti-Gay Institutions Permalink https://escholarship.org/uc/item/1wp0j20r Author Radojcic, Natasha Publication Date 2015 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA RIVERSIDE Heretical Queers: Gay Participation in Anti-Gay Institutions A Dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Sociology by Natasha Radojcic June 2015 Dissertation Committee: Dr. Katja Gunether, Chairperson Dr. Karen Pyke Dr. Ellen Reese Copyright by Natasha Radojcic 2015 The Dissertation of Natasha Radojcic is approved: Committee Chairperson University of California, Riverside ABSTRACT OF THE DISSERTATION Heretical Queers: Gay Participation in Anti-Gay Institutions by Natasha Radojcic Doctor of Philosophy, Graduate Program in Sociology University of California, Riverside, June 2015 Dr. Katja Guenther, Chairperson This dissertations examines gay participation in anti-gay institutions, notably the Roman Catholic Church and the Republican Party. Using a comparative ethnographic approach, I explore Dignity, a group for gay Roman Catholics, and the Log Cabin Republicans, a group for gay Republicans in order to understand how members cope with marginalization they encounter in both the Church/Republican Party and the LGBT (lesbian, gay, bisexual, transgender) Community. I demonstrate that participants in these groups are simultaneously members of dominant and subordinate populations that draw on their racial, gender, and class based privilege to deal with the marginalization they experience. Accordingly, this dissertation shows how systems of inequality are replicated within the LGBT Community and within the Roman Catholic Church and the Republican Party. -
Fall 2016 the City Of
Buckham Center Presort STD 15 W. Division Street, Faribault, MN 55021 U.S. Postage Paid #15 Faribault, MN 55021 b a u l r i t, m ECRWSS fa n Postal Customer a ct de ivity gui September, October & November Fall 2016 The City of Brian Anderson, City Administrator 4 Steeples & Towers Faribault City Hall Steeples are composed of several parts-- 507.334.2222 - 208 NW 1st Avenue The cover of this issue pays homage to the grand architecture that an integral part of religious architecture. stands proudly in our city and to the steeples and towers that grace these Spires and bell towers project from the www.faribault.org buildings. The vertical embellishments are an important part of these re- steeple, and are a symbolic connection to ligious, governmental, educational, and residential structures. heaven. In an earlier day, the steeple zzzzzzzzz 1 zzzzzzzzzzz Architects over the years in Faribault utilized steeples and towers as served as a signpost to promote the loca- adornments and rendered the designs in a variety of building materials. tion of a church. Local examples show steeples and towers built of limestone, wood, and Not every town has the variety and brick, some of which are capped with copper, tile or roofed with slate, abundance of fine architecture Faribault shingles or cedar shakes. Regardless of their construction, steeples and has! Take time in the near future to gaze towers send a message of strength, aesthetic, and affluence. at and appreciate the steeples and towers Some towers have built-in clocks and bells that work in conjunction. -
The Prez Quiz Answers
PREZ TRIVIAL QUIZ AND ANSWERS Below is a Presidential Trivia Quiz and Answers. GRADING CRITERIA: 33 questions, 3 points each, and 1 free point. If the answer is a list which has L elements and you get x correct, you get x=L points. If any are wrong you get 0 points. You can take the quiz one of three ways. 1) Take it WITHOUT using the web and see how many you can get right. Take 3 hours. 2) Take it and use the web and try to do it fast. Stop when you want, but your score will be determined as follows: If R is the number of points and T 180R is the number of minutes then your score is T + 1: If you get all 33 right in 60 minutes then you get a 100. You could get more than 100 if you do it faster. 3) The answer key has more information and is interesting. Do not bother to take the quiz and just read the answer key when I post it. Much of this material is from the books Hail to the chiefs: Political mis- chief, Morals, and Malarky from George W to George W by Barbara Holland and Bland Ambition: From Adams to Quayle- the Cranks, Criminals, Tax Cheats, and Golfers who made it to Vice President by Steve Tally. I also use Wikipedia. There is a table at the end of this document that has lots of information about presidents. THE QUIZ BEGINS! 1. How many people have been president without having ever held prior elected office? Name each one and, if they had former experience in government, what it was. -
Más Allá Del Muro: La Retórica Del Partido Republicano En San Diego Durante La Presidencia De Donald J
Más allá del muro: La Retórica del Partido Republicano en San Diego durante la presidencia de Donald J. Trump Tesis presentada por José Eduardo Múzquiz Loya para obtener el grado de MAESTRO EN ESTUDIOS CULTURALES Tijuana, B. C., México 2020 CONSTANCIA DE APROBACIÓN Director de Tesis: Dr. José Manuel Valenzuela Arce Aprobada por el Jurado Examinador: 1. Dra. Olivia Teresa Ruiz Marrujo, lectora interna 2. Mtro. Armando Vázquez-Ramos, lector externo Dedicatoria Para Margarita, Pepe, Ana Lucía, Fernando y Gargur. Los amo. Agradecimientos: Quiero agradecer al Colegio de la Frontera Norte por la preparación recibida y al Consejo Nacional de Ciencia y Tecnología por el apoyo económico recibido. Las becas CONACYT para estudios de posgrado brindan oportunidades únicas a jóvenes que aspiran convertirse en investigadores por medio de una beca de manutención. Esta clase de programas son la excepción, más que la regla en el mundo y eso es algo muy importante. Ojalá el programa dure mucho tiempo más. I want to thank Anthony Episcopo, and everyone at the Republican Party of San Diego County for your openness, honesty, hospitality, and interest in this research endeavor. Even when we may disagree with the interpretation, this document can provide an outside view on your message and strategy, which can be useful looking forward. Muchas gracias al Dr. José Manuel Valenzuela Arce por su acompañamiento académico y su cálida amistad. También me gustaría agradecer a la Dr. Olivia Teresa Ruiz Marrujo y al Dr. Armando Vázquez-Ramos por su invaluable orientación y comentarios. Gracias a Claudio Carrillo, Marco Palacios y Alejandro Palacios por acompañarme a los eventos del partido. -
Echoes of Imperialism in LGBT Activism
354 Echoes of Empire generated a late nineteenth century politics of imperial Victorian feminism that saw the rescue of distant global sisters as a means towards improving the condition of women in the imperial metropolis. Both temporal contexts present a bewildering array of tendencies: contemporary Western LGBT activism is a deeply divided space, some of whose constituents are complicit in imperial ventures even as others are deeply antagonistic to them. The past is no less complicated a space, so full of Echoes of Imperialism in LGBT Activism contradictory tendencies that it is difficult to regard our ‘postcolonial’ age as self- evidently more progressive or reflexive than times gone by. Rahul Rao The construction of a global discourse of LGBT rights and a politics of LGBT solidarity6 has been empowering for many of its participants. But it has not been an entirely benign development, free from questions of power and hierarchy. Struggles against heteronormativity within Western societies have tended to be marked by a fundamental tension between what might be described as a liberal politics of inclusion or assimilation into the mainstream – marked by such priorities as the At least one early critical reaction to the emergence of the term ‘postcolonial’, right to marry or to serve in the military – and a more radical queer politics that expressed disquiet about its ‘premature1 celebration of the pastness of colonialism’.2 seeks to challenge the very basis of institutions that are seen as oppressive, rather Writing in 1992 and citing the -
State and Local Government Bailout Would Burden Taxpayers
November 17, 2008 State and Local Government Bailout Would Burden Taxpayers Dear Member of Congress: Over the past few weeks, you’ve been asked to lend your official support for a new spending plan that would provide bailout funds to states and localities. On behalf of the undersigned grassroots organizations, we urge caution in moving forward with such a plan. State and local government budgets should not be balanced on the backs of federal taxpayers. Doing so would set a horrible precedent, discourage responsible budgeting in the future, and place a greater strain on America’s hard-working families and businesses. 1 | State and Local Government Bailout Would Burden Taxpayers Thus far, most of the bailout money approved by Congress has been targeted toward financial entities. Yet we’re seeing more and more interests sinking into the “me too” mode. We’re disappointed to see that this camp has grown to include many state and local governments, who are looking to supplement their spending habits via direct subsidies or bond backing from Congress. On the whole, state outlays have grown at a fast – some would argue unsustainable – clip over the past decade. Indeed, spending is up 124 percent over where it was 10 years ago. During this same time frame, state debt increased by 95 percent. Clearly, some states and localities allowed themselves to be caught up in the borrow-and-spend mania. Now that the economic picture doesn’t look as rosy as it once did, some want to continue this upward spiral on the federal taxpayer’s dime. -
LOG CABIN REPUBLICANS V. UNITED STATES Per Curiam Opinion; Concurrence by Judge O’Scannlain LOG CABIN REPUBLICANS V
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LOG CABIN REPUBLICANS, a non- profit corporation, Plaintiff-Appellee, No. 10-56634 v. D.C. No. UNITED STATES OF AMERICA; LEON 2:04-cv-08425- PANETTA, Secretary of Defense, in VAP-E his official capacity, Defendants-Appellants. LOG CABIN REPUBLICANS, a non- profit corporation, No. 10-56813 Plaintiff-Appellant, D.C. No. v. 2:04-cv-08425- UNITED STATES OF AMERICA; LEON VAP-E PANETTA, Secretary of Defense, in OPINION his official capacity, Defendants-Appellees. Appeal from the United States District Court for the Central District of California Virginia A. Phillips, District Judge, Presiding Argued and Submitted September 1, 2011—Pasadena, California Filed September 29, 2011 Before: Arthur L. Alarcón, Diarmuid F. O’Scannlain, and Barry G. Silverman, Circuit Judges. 18571 18572 LOG CABIN REPUBLICANS v. UNITED STATES Per Curiam Opinion; Concurrence by Judge O’Scannlain LOG CABIN REPUBLICANS v. UNITED STATES 18573 COUNSEL Henry C. Whitaker, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., argued the cause and filed the briefs for the defendants- appellants/defendants-appellees. With him on the briefs were Tony West, Assistant Attorney General, André Birotte Jr., United States Attorney, and Anthony J. Steinmeyer and August E. Flentje, Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C. Dan Woods, White & Case LLP, Los Angeles, California, argued the cause and filed a brief for the plaintiff- appellee/plaintiff-appellant. With him on the brief was Earle Miller, Aaron A. Kahn, and Devon A. Myers, White & Case LLP, Los Angeles, California. -
The Supreme Court, and Lawrence the "Laggard"
Indiana Law Journal Volume 87 Issue 2 Article 7 Spring 2012 "Don't Ask, Don't Tell," the Supreme Court, and Lawrence the "Laggard" Audrey K. Hagedorn Indiana University - Bloomington, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Civil Rights and Discrimination Commons, and the Sexuality and the Law Commons Recommended Citation Hagedorn, Audrey K. (2012) ""Don't Ask, Don't Tell," the Supreme Court, and Lawrence the "Laggard"," Indiana Law Journal: Vol. 87 : Iss. 2 , Article 7. Available at: https://www.repository.law.indiana.edu/ilj/vol87/iss2/7 This Note is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. “Don’t Ask, Don’t Tell,” the Supreme Court, and Lawrence the “Laggard” * AUDREY K. HAGEDORN “If you’re a homophobe, we won’t ask and you don’t tell.” – John K. Jacobs, Letter to the Editor, N.Y. Times, December 20, 2010 ______________________________ INTRODUCTION September 20, 2011, officially marked the end of “Don’t Ask, Don’t Tell” (DADT),1 the longstanding ban on gays and lesbians serving openly in the military.2 Congress and President Obama had successfully pushed through a last-minute repeal effort in the final hours of the 2010 congressional session,3 and nearly nine months later, the repeal formally went into effect.4 After a quiet beginning, President Obama finally made good on one of the many promises he made in an open letter to gay Americans written during his 2008 presidential campaign.5 For the first time in U.S. -
ABC News Reporter to Address Graduates~
Del DOT hopes to re-route New skate makes ~ sweep Towson rush-hour traffic around Newark jumping safer @~· · B~Iu_e_H_e_n_s --~] .\ ~.,,.• ;: i u..a e 11 page 2 page 7 .. ·;, ; 's y .) n TUESDAY ABC news reporter to address graduates ~ By Nancy Nonne they preferred and the final selection was Gulf. DUSC, in response to the dismay of many students because of her Middle East Staff Reporter made based on the availability of the top Compton's speaking fee is still being seniors, led a campaign to hire an outside exposure." Ann Compton, an ABC News White choices from the poll. negotiated , Davis said, but it will be within person to deliver the gmduation address. Compton is covering her fourth House correspondent, has been selected to Robert R. Davis, director of University the $7,000 to $10,000 range. DUSC President Mike DiFebbo (BE 91) presidential administration. Her daily replace President David P. Roselle as this Relations, said 388 students participated in Marc Davis (BE 91), vice president of appreciated Roselle's concern for student assignments are to cover President George year's spring commencement speaker, the poll. Delaware Undergraduate Studem Congress opinion. "When we went to Roselle, he really Bush and Vice President Dan Quayle. officials said. "This was a greater than average (DUSC) said, "It is much fairer to students to wanted to help us," DiFebbo said. From 1984 until January 1989, Compton After students requested an outside response," he said. "Last year, only 76 ballots have an outside speaker." Roselle said that he does not feel slighted was chief House of Representatives speaker, university officials printed a ballot of were received." The students' displeasure at the choice of by of the change.