Lessons for Today’S Lawyers and Judges
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9/20/78 President's Trip to New Jersey
9/20/78-President’s Trip to New Jersey [Briefing Book] Folder Citation: Collection: Office of Staff Secretary; Series: Presidential Files; Folder: 9/20/78- President’s Trip to New Jersey [Briefing Book]; Container 91 To See Complete Finding Aid: http://www.jimmycarterlibrary.gov/library/findingaids/Staff_Secretary.pdf WITHDRAWAL SHEET (PRESIDENTIAL LIBRARIES) " " FORM OF DATE RESTRICTION DOCUMENT CQRRESPONDENTS OR TITLE Briefin~ Book Page Page from Briefing Book on NJ Trip, 1 pg., re:Political overview c.9/20/ 8 C ' • o" J .t. ' 'I " j '' ;~o.: I. '"' FILE LOCATION Carter Presidential Papers-Staff Offices, Office of Staff Sec.-Presidential Handw·riting File, PreS,i,dent's Trip to NJ 9/20/78 [Briefing Book] Box 102 ~ESTRICTION CODES ' (A) Closed by Executive Order 12356'governing access to national security information. (B) Closed·by statute or by the agency which originated the document. (C) Closed in accordance with restrictions contained in the donor's deed of gift. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. NA FORM 1429 (6-8•5) " \ ) , THE WHITE HOUSE WASH'INGTON THE PRESIDENT'S VISIT TO ATLANTIC CITY, NEWlJERSEY·. '~ednesday, September: 20, 1978 ·.' <'':. .· ' . ~- WEATHER REPORT: Fair and mild, temperatures from low 50's to mid-60's. .... ... 8:.45 am, GUEST &: STAFF INSTRUCTION: The ·following are to be in the Disting~ished Visitor's Lounge at Andrews AFB to subsequently board Air Force One. Secretary Ray MarshaH . Sen. and Mrs. Harrison Williams (Jeannette) (D-N •. J.) Sen. Clifford Case (R-N .J .) Rep. Helen Meyner (D-N. J.) Rep. James Florio (D-N .J.) Rep. William Hughes (D-N. -
Twenty-Seventh Annual Report
ANNUAL REPORT- 2020 New Jersey Law Revision Commission Thirty-Fourth Annual Report – 2020 2 Please address comments and questions regarding this Report to: Laura C. Tharney, Executive Director New Jersey Law Revision Commission 153 Halsey Street, 7th Floor Box 47016 Newark, New Jersey 07102 Tel: 973-648-4575 Fax: 973-648-3123 Email: [email protected] Web: www.njlrc.org This Report is prepared for submission to the Legislature pursuant to N.J.S. 1:12A-9. The Report can also be found on the website of the NJLRC at: https://www.njlrc.org/annual-reports * The above photo of the Gibraltar Building located at 153 Halsey St. is provided by http://www.tysto.com/articles04/q2/jersey.shtml. Cover photo and photo appearing on pages 18, 29, 39, 47, and 63 are included pursuant to a licensing agreement with Shutterstock Inc. Any photos of the Commissioners and their representatives are included with the permission of the law firms and law schools with which each is associated. The remaining photos are included pursuant to a licensing agreement with Can Stock Photo, Inc. Thirty-Fourth Annual Report – 2020 3 The New Jersey Law Revision Commission Vision: To enhance New Jersey's long tradition of law revision and to support the Legislature in its efforts to improve the law in response to the existing and emerging needs of New Jersey citizens. Mission: To work with the Legislature toward the clarification and simplification of New Jersey’s law, its better adaptation to present social needs, and the better administration of justice. To carry on a continuous review and revision of New Jersey’s body of statutes, and engage in scholarly legal research and work, in order to enhance the quality of our recommendations to the Legislature and to facilitate the implementation of those recommendations. -
The Collision of Institutional Power and Constitutional Obligations: the Use of Blue Slips in the Judicial Confirmation Process
The Collision of Institutional Power and Constitutional Obligations: The Use of Blue Slips in the Judicial Confirmation Process Ryan C. Black Michigan State University Ryan J. Owens University of Wisconsin Anthony J. Madonna University of Georgia The authors would like to thank Mitchell Sollenberger for making his data available. Additional thanks to Ryan Bakker, Jamie Carson and Richard Vining for helpful comments. Abstract In recent years, judicial nominations to lower federal courts have been blocked privately by negative blue slips returned by home state senators. We examine the conditions under which senators return these negative blue slips and whether judicial qualifications can mitigate the possible negative effects of ideological distance. We discover two results. First, consistent with existing work, ideology plays a strong role in blue slipping. Second, and more important, we find that nominee qualifications mitigate ideological extremism--but only for district court nominees. That is, while past presidents could nominate well-credentialed ideologues to the circuit courts of appeals and see them confirmed, today’s presidents cannot. In short, if presidents nominate ideologues--even those who are well qualified--to circuit courts, we will continue to observe lengthy vacancies and bitter nomination struggles between the president and Congress over those important courts. 1 Former Supreme Court Justice Louis Brandeis once stated about government: “Sunlight is said to be the best of disinfectants” (Brandeis 1913). While few would argue with the normative premise behind Brandeis's comment, many consequential policy decisions occur in private. Perhaps nowhere is the deviation from transparency-in-government more profound than in nomination politics, where the Senate's most unique institutional power (to defeat measures via obstruction) intersects with its most unique constitutional power (advice and consent) and can thwart the goals of nominating presidents. -
What's Behind All Those Judicial Vacancies Without Nominees?
April 2013 What's Behind all Those Judicial Vacancies Without Nominees? Russell Wheeler ast week, Senate Judiciary Committee ranking member Charles Grassley (R-IA), said “we hear a lot about the vacancy rates. There are currently 86 Lvacancies for federal courts. But of course, you never hear the President mention the 62 vacancies that have no nominee. That is because those 62 vacancies represent nearly 75 percent of the total vacancies.” This brief paper, after noting the considerable power that home state senators have over judicial nominations, reports that: • Considerably fewer of the vacancies without nominees on April 12, Russell Wheeler is a 2013, could reasonably be expected to have had nominees by then, Visiting Fellow in the Brookings Institution’s based on patterns in the previous two administrations. Governance Studies Program and President of • Of the vacancies without nominees, almost half are in states with two the Governance Institute. Republican senators, and those vacancies are older than those in other Data for this report come from the Administrative states. Office of the U. S. Courts Judicial Vacancies • There are many more nominee-less vacancies now than at this point in Webpage, the Federal President George Bush’s presidency. Judicial Center Federal Judicial Biographical • Of the vacancies that have received nominations, the time from Directory, and my own data set. I welcome corrections. vacancy to nomination was greater in states with two Republican senators. • Although it is difficult to apportion responsibility for the number and age of nominee-less vacancies and the longer times from vacancy to nomination, we should consider a specific proposal for more transparency about pre-nomination negotiations that might produce more nominations, more quickly. -
Press Release
New Jersey Pinelands Commission PRESS RELEASE November 8, 2002 Contact: Francis Rapa Phone: 609.894.7300 E-mail: [email protected] Governor Florio Takes the Helm at Pinelands Commission Commission welcomes six new members NEW LISBON, NJ - At the monthly meeting of the Pinelands Commission today, six of Governor James McGreevey’s appointments, including former New Jersey Governor James Florio, began serving terms on the Commission. Governor Florio will serve as Chairman of the Pinelands Commission, replacing Jerrold Jacobs, who served since January 2000. The six Commissioners include four new members as well as two that have been reappointed to the panel by the Governor. In addition to Governor Florio, they are Candace Ashmun, Reverend Dr. Guy Campbell, Stephen Lee, Edward Lloyd and Betty Wilson. The Pinelands Commission is a regulatory and planning agency that oversees development, land-use, and a wide range of resource management programs for the million-acre Pinelands. The Pinelands National Reserve and State Pinelands Area were established in 1978 and 1979 under federal and State acts to preserve and enhance the unique natural and cultural resources of the region. “Protection of the Pinelands has been a highlight and priority throughout my career in public service, and the opportunity to lead the Commission is an honor and privilege that I embrace,” said Governor Florio. “I want to thank former Chairman Jacobs and the former Commissioners for their past dedication and commitment to this charge and wish them well in their future endeavors.” Governor Florio takes charge of the Commission in the midst of a year-long review of the Pinelands Comprehensive Management Plan (CMP). -
Constitution Over Comity: Toward Ensuring That the Senate's Advice and Consent Power Does Not "Take a Seat" to the Opportunistic Use of Senate Rules Michael C
Santa Clara Law Review Volume 58 | Number 2 Article 3 8-3-2018 Constitution Over Comity: Toward Ensuring that the Senate's Advice and Consent Power Does Not "Take a Seat" to the Opportunistic Use of Senate Rules Michael C. Macchiarola Follow this and additional works at: https://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Michael C. Macchiarola, Constitution Over Comity: Toward Ensuring that the Senate's Advice and Consent Power Does Not "Take a Seat" to the Opportunistic Use of Senate Rules, 58 Santa Clara L. Rev. 295 (2018). Available at: https://digitalcommons.law.scu.edu/lawreview/vol58/iss2/3 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized editor of Santa Clara Law Digital Commons. For more information, please contact [email protected], [email protected]. CONSTITUTION OVER COMITY: TOWARD ENSURING THAT THE SENATE’S ADVICE AND CONSENT POWER DOES NOT “TAKE A SEAT” TO THE OPPORTUNISTIC USE OF SENATE RULES Michael C. Macchiarola* TABLE OF CONTENTS Introduction .............................................................................296 I. The Senate’s Advice and Consent Power ..............................298 A. The Constitutional Basis of the Appointments Clause ............................................................................. 299 B. The Purpose of the Appointments Clause ................. 302 II. The Tradition of Senate Decorum ........................................304 A. Jefferson’s Contribution .......................................... 304 B. Senate Comity is Tested ........................................... 307 C. Stricter Guidelines for Senate Decorum – The Introduction of Rule XIX ...................................... 309 D. Invocations of Rule XIX .......................................... 309 E. Recent Rule XIX Forbearance .................................. 313 F. -
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. -
Senate Consideration of Presidential Nominations: Committee and Floor Procedure Name Redacted Specialist on Congress and the Legislative Process
Senate Consideration of Presidential Nominations: Committee and Floor Procedure name redacted Specialist on Congress and the Legislative Process March 9, 2015 Congressional Research Service 7-.... www.crs.gov RL31980 Senate Consideration of Presidential Nominations: Committee and Floor Procedure Summary Article II, Section 2, of the Constitution provides that the President shall appoint officers of the United States “by and with the Advice and Consent of the Senate.” This report describes the process by which the Senate provides advice and consent on presidential nominations, including receipt and referral of nominations, committee practices, and floor procedure. The vast majority of presidential appointees are confirmed routinely by the Senate. A regularized process facilitates quick action on thousands of government positions. The process also allows for lengthy scrutiny of candidates when necessary. Each year, a few hundred nominees to high-level positions are subject to Senate investigations and public hearings. Committees play the central role in the process through investigations and hearings. Senate Rule XXXI provides that nominations shall be referred to appropriate committees “unless otherwise ordered.” Most nominations are referred, although a Senate standing order provides that some nominations to specified positions will not be referred unless requested by a Senator. The Senate rule concerning committee jurisdictions (Rule XXV) broadly defines issue areas for committees, and the same jurisdictional statements generally apply to nominations as well as legislation. A committee often gathers information about a nominee either before or instead of a formal hearing. A committee considering a nomination has four options. It can report the nomination to the Senate favorably, unfavorably, or without recommendation, or it can choose to take no action. -
New Jersey Pinelands Big Kid Quiz
New Jersey Pinelands Big Kid Quiz (Updated April 2020) Instructions: If you explore the New Jersey Pinelands Commission’s website, you will learn lots of facts about the Pinelands National Reserve. After you have looked around, come here and see if you can answer the questions on this page. The answers can be found at the bottom of the page, but make a promise not to peek at them until you try to answer the questions first. 1.) In 1978 and 1979, who passed legislation to protect the Pinelands and its unique natural and cultural resources? A. The United Nations B. The U.S. Congress and the State of New Jersey C. The Pinelands Municipal Council D. The Pinelands Commission 2.) In what year was the Pinelands designated a Biosphere Reserve by UNESCO? A. 1979 B. 1981 C. 1983 D. 1990 3.) The Pinelands Area is protected by adopted strategies contained in a document that was developed to maintain the region's unique ecology while permitting compatible development. Do you know the name of this document? A. Rules of Order B. Comprehensive Management Plan C. Municipal Land Use Law D. New Jersey State Development and Redevelopment Plan 4.) What legislation was passed in 1979 that put temporary limitations on development in the Pinelands while a plan was being created to protect the region? A. The Pinelands Protection Act B. The National Parks and Recreation Act C. The Pinelands Development Credit Bank Act D. The Pinelands Infrastructure Trust Bond Act 5.) Which governor of the State of New Jersey approved the adoption of the Comprehensive Management Plan? A. -
The Shakespeare Theatre Names Their Unique Support Facility in Honor of Former Governor Thomas H
Media contact: April 16, 2019 Joe Guerin Marketing Manager 973-845-6743 [email protected] The Shakespeare Theatre Names Their Unique Support Facility in Honor of Former Governor Thomas H. Kean MADISON, NJ — The Shakespeare Theatre of New Jersey is proud to announce that it will be naming its innovative, behind-the-scenes support facility in honor of Former Governor Thomas H. Kean, who has served as the Theatre’s Honorary Chair for over three decades. Located at 3 Vreeland Road in Florham Park, the building will be named The Thomas H. Kean Theatre Factory: The Education, Production and Administrative Center for The Shakespeare Theatre of New Jersey. Governor Kean’s unparalleled record of advocacy and support for the arts, artists, and arts education throughout the region over many decades, and his deep commitment to emerging young talent inspired The Shakespeare Theatre leadership to ask Governor Kean’s permission to name their groundbreaking workplace in his honor. Governor Kean has graciously agreed to lend his name to the building. Governor Kean said, ''As a lifetime supporter of the arts, I am excited to join my name to this unique project. This ‘Theatre Factory’ will continue to be a center where Artistic Director, Bonnie J. Monte, and her team create and assemble theatrical magic. It is an honor to be included by name in this collaborative artistic nucleus." Artistic Director, Bonnie J. Monte said, “We are absolutely thrilled that Governor Kean’s name will grace our building. Everything that happens inside our Theatre Factory exemplifies the kind of transformative education and training opportunities that the Governor has championed his whole life. -
A Succession of Pinelands Protectors James Florio Ends Accomplished Term As Pinelands Chairman, Betty Wilson Selected to Lead As Chairperson
ThePINELANDER NEWSLETTER OF THE NEW JERSEY PINELANDS COMMISSION/ SUMMER 2005 A Succession of Pinelands Protectors James Florio ends accomplished term as Pinelands Chairman, Betty Wilson selected to lead as Chairperson ormer Gov. James J. Florio can project is being led by the Pinelands look back on the past three years Commission, in partnership with Fas Chairman of the Pinelands Rutgers University, the U.S. Commission with a strong sense of Geological Survey, the U.S. Fish & pride and accomplishment. Wildlife Service and the New Jersey Florio, who stepped down at the end Department of Environmental of his term, can also look ahead with Protection. confidence in the future of the Under Florio's leadership, the $13 Commission and its new leader. million Pinelands Conservation Fund On June 9, Acting Gov. Richard J. was established. The fund provides Codey appointed Betty Wilson as the money that will be used to protect new chairperson of the 15-member James J. Florio Betty Wilson important natural, cultural, historic and Pinelands Commission and nominated agricultural resources through the pur- her for a second term on the Commission. chase of land and conservation easements. Affairs for the New Jersey Department of “The Pinelands Commission is in excellent The fund also will sustain critical research Human Services from 1990-1993. hands,” said Florio, who has known Betty and community planning efforts for years to Wilson, a founding member of the Wilson for many years from their time in the come. Pinelands Preservation Alliance, said she is New Jersey Legislature and on the Also during Florio's tenure, a task force honored to have the opportunity to continue Pinelands Commission. -
A NJ Civics Lesson.Qxd
A New Jersey Civics ...or,Lesson are you smarter than a 4th grader? ith the gubernatorial and representative and includes a workshop on assembly elections in November, using the legislative website for information W interest in State government is and research. running high. But how much does the Sarah Schmidt, our knowledgeable guide average citizen really know about their and head of the Tour Office, began the day State, beyond the refrain that we have the in the impressive rotunda of the State highest property taxes in the nation? I House. She noted that last year over 35,000 recently visited the State House in Trenton fourth graders from around the state visited and participated in an interesting and the State House in Trenton, a field trip to innovative program entitled “Democracy in enhance their curriculum of NJ state history Action.” It is sponsored by the New Jersey and government. The challenge was on: Are Office of Legislative Services, Office of you smarter than a 4th grader? Do you know Public Information, with the purpose of such basic facts as: educating and motivating the public to learn Who represents you in the NJ State about the history and structure of their state Legislature? What days of the week is the government. legislature in session? How many bills are The program begins with the historical introduced each session and how many and architectural tour of the State house, become law? How many governors has NJ similar to the weekly tours offered to the had? And how many state constitutions? public, but then explores the legislative What is the State Motto? The State flower? process, offers a meeting with a state (Answers are highlighted below).