The Rough Road Ahead
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I Have Been Working on a Book, Stand-Ins, on The
Workshop Participants: I have been working on a book, Stand-Ins, on the causes and consequences of temporary leadership in government, business, and religion, which is aimed at a more general audience. Given recent events, I have returned to more traditional scholarship to explore some of the issues involving temporary leadership (and the lack thereof) in federal agencies, among other topics. This paper is brand new, incomplete, and unpolished. Given its length, I would recommend reading the Introduction (pp.1-5), Scope of Actings (pp.13-27), and Statutory Questions (pp.33-42). I look forward to your reactions and suggestions for improvement. AJO Actings Anne Joseph O’Connell Stanford Law School April 1, 2019 Please do not cite or distribute beyond the workshop without permission. I. Introduction Stand-in leaders do not usually command much attention. They step up in moments of need to keep organizations running. The stereotypical interim leader is therefore a caretaker—in place to maintain stability; not to implement major changes. But not all interim leaders are caretakers. Some are auditioning for the permanent job. And a few are there to shake up the organization—so-called “fixers”. The scope of temporary leadership is vast—after all, traditional leaders are transitory, and selection procedures for more permanent leaders take time. On the public side, there are interim leaders in all branches of the federal government. In Congress, there are appointed senators, chosen by their state’s governor to fill in for an elected senator who has died or resigned, perhaps in disgrace or perhaps to take a different job. -
Border Fence Presentation
Secura Fence System by Alabama Metal Industries Corporation U.S. / Mexico Border San Diego, CA Sector Pacific Ocean to the Otey Mesa Crossing Retired General Michael Hayden recently addressed a meeting of the Metals Service Center Institute. General Hayden was appointed to the post of the Director of National Security Agency and served from 1999- 2005. From April 2005 to May 2006 General Hayden was the number one intelligence officer in the country and in this capacity he oversaw the entire intelligence community, including the CIA, NSA, the National Geospatial – Intelligence Agency and the National Reconnaissance Office. In 2006 General Hayden served as the Director of the CIA. General Hayden addressed the Institute on the four hot spots in the world that jeopardize the security of the United States. Number one on his list was Iran. Number two, and this came as a real surprise to the Institute was Mexico, followed by Al Qaeda, and then North Korea. Mexico being so close to the United States and so high on his list of hot spots should not be underestimated. In 1997 the San Diego Sector of the U.S. border with Mexico was the number one illegal crossing point on the entire US / Mexico border. Because of the illegal crossing activity this area was identified for the first installation of new security border fencing. The area designated actually extended 1/4-mile out in the Pacific Ocean and eastward 16 miles to the Otey Mesa Border Crossing. This new fence was designed and installed to replace the old fence made from World War II landing mats. -
Final Report Summa ·Z· G Findings of the Review of Designations Under the Antiquities Act
THE SECRETARY OF THE INTERIOR WASHINGTON MEMORANDUM F FROM: SUBJECT: Final Report Summa ·z· g Findings of the Review of Designations Under the Antiquities Act Executive Summary and Impressions of the Secretary of the Interior Ryan Zinke In 1906, Congress delegated to the President the power to designate a monument under the Antiquities Act (Act). The Act authorizes the President singular authority to designate national monuments without public comment, environmental review, or further consent of Congress. Given this extraordinary executive power, Congress wisely placed limits on the President by defining the objects that may be included within a monument as being "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest," by restricting the authority to Federal lands, and by limiting the size of the monument to "the smallest area compatible with proper care and management of the objects." Congress retained its authority to make land-use designations without such limitations. Even with the restrictive language, use of the Act has not always been without controversy. In fact, even Theodore Roosevelt's first proclamation of the roughly 1,200-acre Devil's Tower in Wyoming was controversial. Since that time, the use of the Act has largely been viewed as an overwhelming American success story and today includes almost 200 of America's greatest treasures. More recently, however, the Act's executive authority is under scrutiny as Administrations have expanded both the size and scope of monument designations. Since 1996 alone, the Act has been used by the President 26 times to create monuments that are over 100,000 acres or more in size and have included private property within the identified external boundaries. -
Ryan Zinke Secretary of the Interior
Ryan Zinke Secretary of the Interior Ryan Zinke was sworn in as the 52nd Secretary of the Interior on March 1, 2017. A fifth-generation Montanan and former U.S. Navy SEAL Commander, Ryan Zinke built one of the strongest track records in the 114th Congress on championing sportsmen’s access, conservation, regulatory relief, forest management, responsible energy development, and smart management of federal lands. “As a former Navy SEAL, Ryan has incredible leadership skills and an attitude of doing whatever it takes to win,” President Donald Trump said in nominating the former congressman, who built an impressive portfolio on Interior issues ranging from federal mineral leases to tribal affairs to public lands conservation. Growing up in a logging and rail town near Glacier National Park, Ryan has had a lifelong appreciation for conserving America’s natural beauty while honoring Teddy Roosevelt’s vision of multiple-use on our public lands. He has consistently led the efforts to renew the Land and Water Conservation Fund in Congress, and has also been a firm advocate for our nation’s sportsmen to gain access to our public lands with the SCORE Act and SHARE Act. Zinke also coauthored the Resilient Federal Forest Act, which initiated new reforms for revitalizing America’s timber towns and preventing wildfires by emphasizing the collaborative process. Zinke is widely praised for his voting record supporting the Teddy Roosevelt philosophy of managing public lands, which calls for multiple-use to include economic, recreation and conservation. He has pledged to explore every possibility for safely and responsibly repealing bad regulations and using public natural resources to create jobs and wealth for the American people. -
Walls and Fences: a Journey Through History and Economics
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Vernon, Victoria; Zimmermann, Klaus F. Working Paper Walls and Fences: A Journey Through History and Economics GLO Discussion Paper, No. 330 Provided in Cooperation with: Global Labor Organization (GLO) Suggested Citation: Vernon, Victoria; Zimmermann, Klaus F. (2019) : Walls and Fences: A Journey Through History and Economics, GLO Discussion Paper, No. 330, Global Labor Organization (GLO), Essen This Version is available at: http://hdl.handle.net/10419/193640 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu Walls and Fences: A Journey Through History and Economics* Victoria Vernon State University of New York and GLO; [email protected] Klaus F. Zimmermann UNU-MERIT, CEPR and GLO; [email protected] March 2019 Abstract Throughout history, border walls and fences have been built for defense, to claim land, to signal power, and to control migration. -
Gao-21-372, Southwest Border
United States Government Accountability Office Report to Congressional Requesters June 2021 SOUTHWEST BORDER Schedule Considerations Drove Army Corps of Engineers' Approaches to Awarding Construction Contracts through 2020 GAO-21-372 SOUTHWEST BORDER Schedule Considerations Drove Army Corps of Engineers' Approaches to Awarding Construction Contracts through 2020 June 2021 Highlights of GAO-21-372, a report to congressional requesters Border Barrier Obligations, Fiscal Years 2018–2020 Why This Matters Following a 2019 Presidential Declaration of National Emergency, billions of dollars were made available for the U.S. Army Corps of Engineers’ use on border barrier construction. This report provides information on the Corps’ contracting for border barriers during fiscal years 2018–2020. Key Takeaways Some Department of Defense funding was only available for a short time before expiring, giving the Corps a tight schedule for awarding contracts. This—and the emergency declaration—led the Corps to depart from its planned acquisition approach. The Corps focused on starting construction quickly and How GAO Did This Study maximizing the miles of border barrier panels it could build. To do so, it: We reviewed all of the border barrier construction contracts the Corps awarded for projects from fiscal • Awarded $4.3 billion in noncompetitive years 2018 through 2020. We also reviewed relevant contracts. Competition helps ensure the federal procurement data and interviewed Corps and government gets a good price. Department of Homeland Security officials. • Started work before agreeing to terms. The Corps awarded several contracts before terms, such as What GAO Recommends barrier specifications and cost, were finalized. The Corps should assess the approaches used to build By focusing on expediency in contracting, the the border barriers and, as appropriate, reassess its government risks paying higher costs. -
Trump's Interior Department Is Using the Pandemic As an Excuse To
Trump’s Interior Department Is Using The Pandemic As An Excuse To Expedite A Controversial, Decades-Stalled Project For Interior Secretary David Bernhardt’s Former Client The Move Is The Latest In A String Of Moves To Help Bernhardt’s Client Divert Water From The Missouri River The Trump Administration Wants To Expedite A Water Delivery Project For Garrison Diversion Water Conservancy District, A Former Client Of Interior Secretary David Bernhardt The Trump Administration Is Expediting Dozens Of Infrastructure Projects During The COVID-19 Pandemic. “The Trump administration is seeking to fast track environmental reviews of dozens of major energy and infrastructure projects during the COVID-19 pandemic, including oil and gas drilling, hazardous fuel pipelines, wind farms and highway projects in multiple states, according to documents provided to The Associated Press. The plan to speed up project approvals comes after President Donald Trump in June ordered the Interior Department and other agencies to scale back environmental reviews under special powers he has during the coronavirus emergency. More than 60 projects targeted for expedited environmental reviews were detailed in an attachment to a July 15 letter from Assistant Interior Secretary Katherine MacGregor to White House economic advisor Larry Kudlow.” [Associated Press, 09/02/20] ● One Of The Expedited Projects Is The Eastern North Dakota Alternate Water Supply (ENDAWS). “The Department's efforts to streamline environmental reviews have been underway since the start of the Trump Administration. Executive Order 13807 ‘On Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects,’ dated August 15, 2017, provided our initial blueprint. -
Basin and Range National Monument Pursuant to the Department of the Interior’S “Review of Certain National Monuments Established Since 1996.”1
Submitted electronically via regulations.gov July 10, 2017 The Honorable Ryan Zinke Secretary of the Interior U.S. Department of the Interior 1849 C Street, NW Monument Review, MS-1530 Washington, DC 20240 Re: Review of Certain National Monuments Established Since 1996; Notice of Opportunity for Public Comment (May 11, 2017) Dear Secretary Zinke: Defenders of Wildlife (Defenders) respectfully submits the following comments on Basin and Range National Monument pursuant to the Department of the Interior’s “Review of Certain National Monuments Established Since 1996.”1 Founded in 1947, Defenders of Wildlife is a national non-profit conservation organization focused on conserving and restoring native species and the habitat upon which they depend. Based in Washington, DC, the organization also maintains six regional field offices, including in the Southwest. Defenders is deeply involved in public lands management and wildlife conservation, including the protection and recovery of flora and fauna in the Great Basin. We submit these comments on behalf of almost 1.2 million members and supporters nationwide, including our 7,200 donors and activists in Nevada. President Trump’s Executive Order 137922 directed you to “review” national monuments designated or expanded since January 1, 1996, pursuant to the Antiquities Act of 1906.3 Section 1 of the order, “Policy,” states in pertinent part: “[d]esignations should be made in accordance with the requirements and original objectives of the Act and appropriately balance the protection of 1 82 Fed. Reg. 22016 (May 11, 2017). 2 82 Fed. Reg. 20429 (May 1, 2017). 3 Act of June 8, 1906, ch. 3060, 34 Stat. -
2017 Congressional Landscape
2017 Congressional Update Presented by: Donald R. Cravins, Jr SVP for Policy/ED Washington Bureau [email protected] @dcravins Congressional Leadership of the 115th Congress 2 Senate MajoritySenate LeadershipMajority Leadership 6. Cory Gardner (R-CO) 2. John Cornyn (R-TX) Position: National Republican Position: Senate Majority 1. Mitch McConnell (R-KY) Senatorial Committee Whip Position: Senate Majority Leader Chairman 3. John Thune (R-S.D.) 5. Roy Blunt (R-Mo.) Position: Senate Republican Position: Senate Republican Conference Chairman 4. John Barrasso (R-Wyo.) Conference vice chairman Position: Senate Republican Policy Committee Chairman 3 Senate MinoritySenate LeadershipMajority Leadership 3. Patty Murray (D-WA) 4. Debbie Stabenow (D-MI) Position: Assistant Position: Chair of the 2. Dick Durbin (D-IL) Democratic Leader Democratic Policy and Communications Committee Position: Senate 1. Charles “Chuck” Schumer (D-NY) Democratic Whip Position: Senate Minority Leader 9 Chris Van Hollen (D-MD) Position: Democratic Senatorial Campaign Committee Chairman 5. Elizabeth Warren 6. Mark Warner (D-VA) 7. Amy Klobuchar (D- 8. Bernie Sanders (I-VT) (D-MA) Position: Vice Chair of the MN) Position: Chair of Position: Vice Chair of the Democratic Conference Position: Chair of Outreach Democratic Conference Steering Committee 4 House MajorityHouse Leadership Majority Leadership 2. Kevin McCarthy (CA-23) 5. Luke Messer (IN-6) Position: House Majority Position: Republican Policy Leader 1. Paul Ryan(WI-1) Committee Chairman Position: Speaker of the House 3. -
Mexico Border 2019 Update
Death, Damage, and Failure: Past, Present, and Future Impacts of Walls on the U.S.- Mexico Border 2019 Update Executive Summary 1 Executive Summary The report Death, Damage, and Failure: “Death, Damage, and Failure” analyzed the Past, Present, and Future Impacts of Walls on the well-documented impacts of existing border walls U.S.-Mexico Border, examined the border walls in order to predict the harm we can expect from built since the Prevention through Deterrence the erection of new walls. Although significant strategy was implemented in 1994. Prevention negative impacts from further wall construction are through Deterrence aimed to use militarization of unquestionable, the lack of knowledge regarding the southern border, including a rapid expansion exactly how many miles of wall would ultimately of the Border Patrol’s ranks and an unprecedented be built, and where they would go up, were major deployment of technology and border walls, in an impediments to making precise predictions. In effort to convince would-be border crossers that September 2018, when “Death, Damage, and apprehension was guaranteed or that crossing Failure” was released, Congress had provided was too dangerous to even try. Clear evidence the Trump administration with $1,912,000,000 to demonstrates that even as the number of agents replace existing barriers in California and Arizona, doubled, then doubled again, and barriers came convert 20 miles of vehicle barriers into border to line 654 miles of the U.S. southern border, walls in New Mexico, and to build entirely new border crossers were not deterred. Border walls border walls in Texas. -
The High Cost and Diminishing Returns of a Border Wall
The High Cost and Diminishing Returns of a Border Wall Building a fortified and impenetrable wall between the United States and Mexico is recurrently presented as a simple and universal solution to border security. The reality is that the construction of a border wall is not a meaningful replacement for more effective, cost-conscious enforcement measures. Those who persist in their demands for a wall ignore the financial, legal, and natural obstacles that make the wall an unviable option that would also lead to a series of negative consequences throughout the border region. This fact sheet provides context to the border security debate by highlighting some of the existing and imminent problems surrounding the construction of a new or expanded border barrier along the entire southwest border. Extensive physical barriers already exist along the U.S.-Mexico border. The U.S.-Mexico border is 1,954 miles long.1 Border security involves managing the flow of people and goods across the border and preventing the illegal entry of either into the United States. The existing border security infrastructure includes physical barriers, aerial surveillance, and technology. More than 21,000 Border Patrol agents—as well as other Department of Homeland Security (DHS) and Department of Justice (DOJ) personnel—staff ports of entry, Border Patrol stations, forward operating bases, and checkpoints.2 . Current physical barriers along the U.S.-Mexico border include those intended to prevent illegal border crossings by foot (pedestrian fencing) and impede vehicles from smuggling persons or contraband (vehicle fencing). Secondary and tertiary layers of fencing further impede illegal crossings. -
Sovereignty-Affirming Subdelegations: Recognizing the Executive’S Ability to Delegate Authority and Affirm Inherent Tribal Powers
Stanford Law Review Volume 72 April 2020 NOTE Sovereignty-Affirming Subdelegations: Recognizing the Executive’s Ability to Delegate Authority and Affirm Inherent Tribal Powers Samuel Lazerwitz* Abstract. Bears Ears National Monument, as proclaimed by President Obama in 2016, realized a bold vision of cooperation between the executive branch and Native nations by elevating a coalition of Native nations as co-managers of a national monument. This proposed system of collaborative management relied on a broad interpretation of the executive branch’s power to subdelegate authority—that is, to redelegate authority delegated to it by Congress—to Native nations. While the Supreme Court has explained that the nondelegation doctrine imposes fewer restrictions on Congress’s ability to delegate when it shares power with Native nations than it would for delegations to nonsovereign entities outside the federal government, the Court has provided no similar guidance for executive subdelegations to Native nations. Lower federal courts similarly have failed to develop a unified approach. They have disagreed on whether Native nations’ inherent powers justify treating them differently from other subdelegatees. This Note presents a new understanding of the legality of the executive branch’s efforts to share its power with Native nations by synthesizing the Supreme Court’s recognition of Congress’s ability to affirm tribal sovereignty, the subdelegation doctrine as articulated by lower federal courts, and the executive branch’s history of combining federal and tribal authority. In doing so, this Note describes a new application of the subdelegation doctrine for Native nations: When federal agencies engage in sovereignty-affirming subdelegations— subdelegations that affirm tribal sovereignty by intermingling federal and tribal power— they should be presumed to have acted permissibly unless Congress has expressed a contrary intent.