Presidential signing statements are important, if generally little known, instruments
of presidential direct action. They can and have been used as line-item vetoes of
legislation presented to the president for signature or veto but without the use of the
formal veto or the opportunity for legislative override processes.
Introduction:
Presidential
signing statements are important, if generally little known, instruments
of
presidential direct action. They can and have been used as line-item vetoes of
legislation
presented to the president for signature or veto but without the use of the
formal
veto or the opportunity for legislative override processes. A study of the
first Bush
administration
reveals wide-ranging assertions of exclusive authority and court-like
pronouncements
that
redefine legislative powers under the Constitution. They reveal a systematic
effort
to define presidential authority in terms of the broad conception of the
prerogative
both internationally and domestically under the unitary executive theory.
In
man
Prompt: The
United States constitution
is the highest governing document or the republics supreme law of the United States.
It was adopted as the supreme law in 17th September 1787 by the
constitutional convention held in Philadelphia,
Pennsylvania. It was later to be
ratified by the people of the republic in all the constituent states to start
with the phrase “we the people”. Since its drafting, ratification and
subsequent amendments it has withstood the tests of time to end up being one of
the best constitutions in the world today.
1. Discuss two central problems that Dahl finds with the
Constitution. What does he propose to do about these problems? What does he
claim will be done about them?
2. Explain the role of the President articulated in the
various readings in Dahl, Katz, Cooper, Hacker and Pierson and Kristol. In
doing so, address the following. What are signing statements and how may they
be problematic? What is the `myth of the presidential mandate?` Was Bush given
a mandate following the 2004 election? If so, what does this mean?
3. Discuss the process of appropriations in Katz and the
issue of pork in Congress in Cohn and Paige. What is the appropriations
process? What is pork and why is it considered either wasteful or democratic?
4. Elaborate on the judicial system and its relationship
with American culture. Draw upon the chapter in Katz and on the arguments from Hamilton, Balkin, and
Scalia and regarding what the Supreme Court does and how its members should
interpret the Constitution. Explain the role of the Supreme Court, originalism,
the living constitution and which approach to interpretation (originalism or
the living constitution) Hamilton
would have supported.
In addition to the files, please referance the following
books:
1) Political Institutions of Goverance in the United States.
By R Katz 1st ed. Oxford
University Press, 2006
2) How Democratic is the American COnstitution?. By R
Dahl. 2nd ed. Yale
University Press, 2003
Pork-barrel
spending, whether it’s for therapeutic horseback riding, the Grammy Foundation,
and combating teen “goth” culture, in Blue
Springs, Mo.,
regularly leaves taxpayers cringing. But the recent indictment of Washington
super-lobbyist Jack Abramoff has spotlighted pork’s larger dangers: More than
merely wasteful, pork invites corruption, encourages big government, distracts
lawmakers from vigorous oversight, and surrenders lawmaker independence.
First, a definition. Originally, lawmakers would fund
government grant programs and then let federal and state agencies select
individual grant recipients through a competitive application process or by
formula. Now, Congress actually determines, within the legislation, who will
receive government grants by “earmarking” money to specific recipients.
Earmarks are also known as “pork projects” because they bring the bacon home to
districts.
Since 1996, the number of annual pork projects in
appropriations bills has skyrocketed from 958 to 13,999 – at an annual cost of
$27 billion. Additionally, the pork count in the six-year highway bills surged
from 10 in 1982, to 6,371 in last year’s bill (including the infamous “Bridge
to Nowhere”). While many of these grants are obviously wasteful and
unnecessary, even the productive grants raise the question of why the U.S.
Congress should micromanage local decisions such as where to build a traffic
light in Briarcliff Manor, N.Y.
In addition, the practice of allowing lawmakers to
individually decide who receives federal grants invites corruption.
Congressional e-mail messages made public show that, on certain bills, each
lawmaker is given his or her own individual pot of tax dollars (often more than
$20 million apiece, based on lawmaker rank) to distribute as he or she wishes.
Not surprisingly, much of this money goes to the highest bidder. While explicit
trades of campaign donations for pork are difficult to prove, the link between
the two is no secret. These are your tax dollars being auctioned for campaign
donations.
Lobbyists serve as well-paid middlemen bringing
businesses, organizations and local governments to the lawmakers who can
provide them with earmarks. So confident are these lobbyists of their access
and power that some have reportedly gone to local governments and virtually
guaranteed that, for a large fee, they can steer federal grants their way. Not
surprisingly, from 2000 through 2004, the number of appropriations lobbyists
surged from 1,865 to 3,523, and lobbying became the easiest way in Washington to become a
millionaire.
The task of selecting a share of the 14,000 annual pork
projects has become an all-encompassing endeavor for many congressional
offices. Gathering earmark requests, meeting with lobbyists, and working to
secure a coveted seat on the pork-writing Appropriations Committee leaves
little time for the traditional congressional duties of overseeing government
and reforming outdated programs. Thus, in recent years, layers of government
waste have gone virtually ignored, and bloated agencies have failed to deliver
basic services.
Finally, pork leads to bigger government. Lawmakers who
come to Washington
to scale back government quickly get hooked on pork by their senior colleagues,
who assert that re-election can be won only through the massive campaign
contributions and “bring home the bacon” press releases that pork provides. And
if pork-barrel spending will buy votes back home, wouldn’t an expensive farm
bill also buy rural votes? And perhaps a Medicare drug benefit will buy senior
votes?
Even pork-seeking lawmakers who otherwise retain their
commitment to fiscal responsibility surrender their independence to vote
against runaway spending. Bill writers often incorporate only the pork projects
of lawmakers who commit to voting for the entire spending bill (which makes
pork a key way for senior lawmakers to control the votes of their junior
colleagues.) Consequently, lawmakers vote for massive, wasteful $700 billion
spending bills simply to guarantee $1 million for a bridge in their district,
and the House passes a notorious, pork-laden highway bill with the “Bridge to
Nowhere” by an overwhelming 412 to 8 margin. Only a handful of lawmakers resist
earmarks.
What’s the solution? Lawmakers assert that they, rather
than federal bureaucrats and state governments, are qualified to distribute
government grants in their districts. If so, why not dissolve the federal
bureaucracy and relevant state agencies? Lobbying reform is also helpful, but
as long as lawmakers continue to distribute government grants, organizations
will find a way to lobby and financially influence them.
A better idea: A one-year pork moratorium, during which
time Congress enact a permanent prohibition against legislation specifying
which businesses, organizations or locations will receive federal grants. Then,
grant-seekers will actually have to justify their projects to federal and state
agencies, and lawmakers will be free to oversee and rein in runaway government.
Brian Riedl is Grover M. Hermann Fellow in Federal
Budgetary Affairs in the Thomas A. Roe Institute for Economic Policy Studies at
The Heritage Foundation.
Distributed nationally on the Knight-Ridder Tr
Supplicant
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Look up Supplicant in
Wiktionary, the free dictionary.This page is about
candidates for degrees and humble petitioners; for information on the computing
term see Supplicant (computer); for the sexual term, see Supplicant (BDSM)
A Supplicant, one who supplicates, is a term to applied
to humble petitioners, and in particular to University of Oxford students who
have qualified but not yet been admitted into their degree.
At both Oxford and Cambridge, students are
presented during the degree ceremony with a form of words that begins with the
Latin verb "supplicant". The Cambridge
text is:
"Supplicant reverentiis vestris viri mulieresque
quorum nomina juxta senaculum in porticu proposuit hodie Registrarius nec
delevit Procancellarius ut gradum quisque quem rite petivit assequantur."
"Those men and women whose names the Registrary has
today posted in the arcade beside the Senate-House and which the
Vice-Chancellor has not deleted beg your reverences that they may proceed to
the degree for which each has properly applied."
However, these students are referred to as graduands at Cambridge and most universities other than Oxford. A search in older
editions of the Shorter Oxford English Dictionary, Webster’s Collegiate and
other respected dictionaries does not yield this word, so it seems to have a
recent or regional source. There is certainly a need for such a word to
describe qualified, embryonic graduates and it seems possible that U.S. sources
provided or resurrected "graduand" into current usage.
Mandate can refer to:
Mandate (international law), an obligation handed down by an
inter-governmental body
Mandate (politics), the power granted by an electorate
League of Nations mandates, quasi-colonial territories
established under Article 22 of the Covenant of the League
of Nations, 28 June 1919
Mandate (theology), to some Christians, an order from God
a mandate is the formal notice of decision from an appeals
court
Mandate (trade union), the trade union in Ireland
Mandate magazine, a gay pornographic magazine published
since the 1970s
Mandate of Heaven, a traditional Chinese concept of
legitimacy used to support the rule of the kings of the Shang Dynasty and later
the Emperors of China
[edit] Description
A pork barrel (or pork barrel politics) describes government
spending that is intended to benefit constituents of a politician in return for
their political support, either in the form of campaign contributions or votes.
The term is thought to have originated on Southern United
States plantations, where slaves were allocated the unwanted
remainder of slaughtered pigs, or the "pork barrel." Typically it
involves funding for government programs whose economic or service benefits are
concentrated in a particular area but whose costs are spread among all
taxpayers. Public works projects and agricultural subsidies are the most
commonly cited examples, but they do not exhaust the possibilities. Pork barrel
spending is often allocated through last-minute additions to appropriation bills.
A politician who supplies his or her constituents with considerable funding is
said to be "bringing home the bacon."
The Committee on Appropriations, or Appropriations Committee
(often referred to as simply "Appropriations", as in "He's on
Appropriations") is a committee of the United States House of
Representatives. It is in charge of setting the specific expenditures of money
by the government of the United
States. As such, it is one of the most
powerful of the committees, and its members are seen as influential.
Contents
1 History
2 Role
3 Members, 110th Congress
3.1 Committee reorganization during the 110th Congress
4 Subcommittees
4.1 Select Intelligence Oversight Panel
5 Chairmen, 1865-present
6 See also
7 External link
8 References
[edit] History
The constitutional basis for the Appropriations Committee
comes from Article one, Section nine, Clause seven of the U.S. Constitution,
which states that:
No money shall be drawn from the treasury, but in
consequence of appropriations made by law; and a regular statement and account
of receipts and expenditures of all public money shall be published from time
to time.
This clearly delegated the power of appropriating money to
Congress, but was vague beyond that. Originally, the power of appropriating was
taken by the Committee on Ways and Means, but the United States Civil War
placed a large burden on the Congress, and at the end of that conflict, a
reorganization occurred.
The Committee was created on December 11, 1865, when the
House separated the tasks of the Committee on Ways and Means into three parts.
The passage of legislation affecting taxes remained with Ways and Means. The
power to regulate banking was transferred to the Committee on Banking and
Commerce. The power to appropriate money--to control the federal
pursestrings--was given to the newly-created Appropriations Committee.
At the time the membership of the committee stood at nine;
it currently has 66 members. The power of the committee has only grown since
its founding; many of its members and chairmen have gone on to even higher
posts. For example, three of them--Samuel Randall (D-PA), Joseph Cannon (R-IL),
and Joseph Byrns (D-TN)--have gone on to become the Speaker of the House, and
one, James Garfield, has gone on to become President.
The root of the Committee's power is its ability to disburse
funds, and thus as the federal budget has risen, so has the power of the
Appropriations Committee. The first budget of the U.S., in 1789, was for $639,000--a
hefty sum for the time, but a much smaller amount relative to the economy than
the federal budget would later become. By the time the Appropriations committee
was founded, the Civil War and inflation had raised expenditures to roughly
$1.3 billion, increasing the clout of Appropriations. Expenditures continued to
follow this pattern--rising sharply during wars before settling down--for over
100 years.
Another important development for Appropriations occurred in
the presidency of Warren G. Harding. Harding was the first President to deliver
a budget proposal to Congress (see United States budget process).
In the early 1970s, the Appropriations committee faced a
crisis. President Richard Nixon began "impounding" funds, not
allowing them to be spent, even when Congress had specifically appropriated
money for a cause. This was essentially a line-item veto. Numerous court cases
were filed by outraged interest groups and members of Congress. Eventually, the
sense that Congress needed to regain control of the budget process led to the
adoption of the Congressional Budget and Impoundment Control Act of 1974, which
finalized the budget process in its current form.
[edit] Role
The Appropriations committee is widely recognized by
political scientists as one of the "power committees," since it holds
the power of the purse. Openings on the Appropriations committee are often
hotly demanded, and are doled out as rewards. Much of the power of the
committee comes from the inherent utility of controlling spending. Its
subcommittee chairmen are often called "Cardinals" because of the
power they wield over the budget.
Since Congress is elected from single-member districts, the
status of a member's district is the best indicator as to whether or not he or
she will be reelected. One way to achieve popularity in one's district is to it
bring federal spending, thus creating jobs and raising economic performance.
This type of spending is often derided by critics as pork barrel spending,
while those who engage in it generally defend it as necessary and appropriate
expenditure of government funds. The members of the Appropriations committee
can do this better than most, and as such the appointment is regarded as a
plus. This help can also be directed towards other members, increasing the
stature of committee members in the House and helping them gain support for
leadership positions or other honors.
The committee tends to be less partisan than other
committees or the House overall. While the minority party will offer amendments
during committee consideration, appropriations bills often get significant
bipartisan support, both in committee and on the House floor. This atmosphere
can be attributed to the fact that all committee members have a compelling
interest in ensuring legislation will contain money for their own districts.
Conversely, because members of this committee can easily steer money to their
home districts, it is considered very difficult to unseat a member of this
committee at an election--especially if he or she is a "Cardinal."
In addition, the ability to appropriate money is useful to
lobbyists and interest groups; as such, being on Appropriations makes it easier
to collect campaign contributions (see campaign finance).
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