Thursday, April 18, 2013

J1

http://www.nytimes.com/2013/02/11/opinion/keller-the-conscience-of-a-corporation.html

This article discusses the new mandate under ObamaCare that requires all businesses with over 50 employees to provide healthcare to their employees, including coverage for birth control. There are exemptions to this birth control requirement for religious organizations such as churches and non-profit organizations that are associated with religions such as universities and hospitals. There is also now a legal movement to exempt corporations that incorporate religious principles into their business from the birth control mandate as well.

What are the constitutional grounds for exempting religious and religiously-affiliated organizations from the ObamaCare mandate requiring birth control to be covered under health insurance?

Tuesday, March 12, 2013

H6

a) Judicial review is the ability of the Supreme Court to rule on the constitutionality of laws.

b) Judicial review is a form of checks and balances because it allows the Supreme Court to make legislative or executive actions irrelevant or to alter them by declaring laws, executive orders, or other actions unconstitutional and therefore no longer applicable.

c) A writ of certiorari is a decision by the supreme court to hear an appeal from a lower court. In order to grant this writ, four Supreme Court Justices must agree to hear the case.

d) Stare decisis is the principle that judges must rule in accordance with the precedent set by judges in previous cases. This means that Justices must use the precedent set by former Justices in making their decision regardless of their personal feelings on the case. Judicial activism, on the other hand, is the idea that Justices sometimes make rulings based on their personal opinions or feelings about a case rather than based on existing law. Judicial activism may affect a Justice's decision as he or she considers the effects his or her choice may have in the long term and the ramifications of their decisions in terms of setting a future precedent.

Tuesday, March 5, 2013

H3

a) Three factors that influence Supreme Court nominations are political ideology, race and/or gender, and age.

b) Presidents almost always nominate justices who share their political beliefs so that their interests will be supported in the Supreme Court. In addition, Presidents often want a more diverse court in order to better represent the American people at large and so choose justices who come from a variety of backgrounds, and are different races and genders. Finally, Presidents want the justice they appoint to have influence for as long as possible and so sometimes appoint younger justices that will remain on the  Supreme Court long after the President has left office.

c) Justice Kagan fits all of these characteristics. She is left-leaning, which is in line with President Obama's political ideology. She is a woman, which gives her a different perspective from the usual old white men of the Supreme Court and she is the youngest member of the court which ensures her lasting influence.

a) Interest groups can attempt Supreme Court appointments through providing information to the American public and by lobbying members of Congress.

b) Providing information about Justice nominees to the public can convince constituents to either support or to not support a nominee. These constituents can then put pressure on their Congressmen to either confirm or deny that nominee. The representative will most likely follow the wishes of his constituents as he probably wishes to be reelected. Interest groups can also cut out the middle man by lobbying members of Congress directly. Interest groups often have considerable sway in government and they can put this power to use by offering incentives or convincing representatives to support their interests when voting on whether or not to confirm a Justice nominee.

c) Interest groups exerted their influence in the confirmation process for Kagan. NARAL Pro Choice America appealed to American citizens as they pushed a pro-women agenda in association with Kagan's appointment leading to the highest number of women ever to be on the Supreme Court. Conservative groups such as Americans United for Life are raising money to stop Kagan from being confirmed as they see her as a threat to their anti-abortion stand.

Monday, March 4, 2013

H1

Justice Anthony Kennedy and Abortion

Justice Kennedy ruled with the support of the Pro-Choice movement and continued the ban on D&X, or partial birth abortions.

Partial birth abortions are used to abort a pregnancy, by fully removing the intact fetus, after the first trimester.

Some argue that this decision goes against the precedent set in Roe v. Wade.

In 2000 0.17% of all abortions were done by D&X procedure.

Some pro-choice supporters want to allow abortion because of the countless health complications that can arise from illegal and botched abortions.

Much of the pro-life movement stems from churches and religious communities, the author points out the Catholic Church and Protestant evangelicals.

Gonzales vs. Carhart, according to the author, undermines women's rights and takes U.S. law back to a view of women as mothers and wives first and foremost.

Monday, February 18, 2013

G15

a) A balanced budget is a budget in which revenue is equal to expenditure. There is neither a deficit nor a surplus.

b) Federal entitlements are benefits provided by national government programs for people who meet eligibility requirements.

c) Social security is a large entitlement. It acts as a barrier to a balanced budget because it requires the government to pay out large amounts of money. Retired Americans are paying less in taxes now that they have a smaller income and are receiving more from the government in the form of benefits. As the retired population grows, the national government must pay out more and more money.

d) Large budget deficits require the government to borrow money and become indebted to banks and other nations. It can also lower the esteem of the country and cause a government to lose international respect and its sense of reliability and strength.

e) The projected revenue for 2012 was $2.6 trillion. Expenditures were $2.6 trillion and the deficit was $1.1 trillion.
http://www.usgovernmentrevenue.com/federal_budget_fy12

f) The total national debt is $16.53 trillion
http://www.usdebtclock.org/

Tuesday, February 12, 2013

G12

Substance:
President Obama focuses on assisting the majority, not the wealthy minority at the top of America. He also discusses the potential negative effects of sequestration. Obama also talks about health care reform, especially for the elderly. It seems that most of his arguments, whether economic or social, focus on asking the wealthiest Americans to contribute more and on helping to support middle class families and people hoping to climb into the middle class. Obama speaks about climate change and the environmental crisis, but environmental reform is something that has been sadly lacking in his administration. He often brings it up in speeches because it is something people like to hear about but he hasn't taken much action on one of the most monumental issues the world is facing. President Obama spent a lot of time discussing changes in the American education system. This is something Bush worked on, Obama is simply taking a different approach to the reform. Obama also introduces a commission to improve elections and voting experiences in the U.S. He focuses less on gun reform than I expected, he leaves it to the end. He discusses why we need gun reform more than the actual reforms he wants to see enacted. He is looking to impassion rather than to propose specific changes.

Style:
Obama begins very positively, citing the end of the war and a recovering economy. He gets right down to business stating, "the state of our union is strong." He is direct and to the point. The President keeps his speech fairly simple. He doesn't fill his points with big words and convoluted sentences. Obama makes his thoughts accessible to everyone, not just highly educated Americans. President Obama is diplomatic but he is focusing on more partisan and controversial issues than he did in his first term. He doesn't want to alienate anyone but he also isn't pandering to the Republicans. Obama gives direct instructions to Congress several times. He asks them to make changes to their education bill, to send him an immigration bill, and urges the House of Representatives to pass the Violence against Women Act and the Paycheck Fairness Act. The President pairs something controversial like gay marriage and the repeal of Don't Ask Don't Tell with something solidly supported like support of military families. President Obama was on fire as he closed his address. He was uplifting and inspirational as he highlighted the heroes present in the audience and called for American unity and solidarity.

Response:
Joe Biden seems slightly disengaged for the beginning of Obama's speech. It is incredible how much the audience's reactions run along party lines. It seems to me that politicians should focus in public interest rather then partisan support. This is something the American political system needs to improve on within both liberal and conservative parties. The applause is almost entirely from Democrats, while many Republicans stay seated. While Obama discusses education reform the media found probably one of the few children in the room to zoom in on. Vice President Biden immediately stood upon Obama's mention of immigration reform, indicating his strong support of this often emotionally charged topic. There is more universal report when Obama makes it clear that he finds the fact that families earning minimum wage live below the poverty line. This is an idea that most people can get behind. The same is true for Obama's stated support of American troops.

Friday, February 8, 2013

G10

1) Healthcare and social security seem to be most important as they are some of the largest sections of spending in the proposed budget and have been added to significantly. Military spending has decreased and takes up a significantly smaller portion of the budget than in previous administrations.

2) The president's budget  increases revenue from income taxes as he asks the wealthiest Americans to pay more towards their government. He has also cut the defense budget. These are both things he promised in his election campaign. As he pulls troops from the Middle East and winds down the conflict in Iraq and Afghanistan, less spending is necessary.

3) Republicans will most likely disapprove of the tax increase because they, as a party, do not support high taxes and often promote themselves as opponents to tax increases.

Thursday, February 7, 2013

G9

1) I would raise taxes, specifically on the rich. People who earn 100,000 dollars a year or more or families that earn 200,000 dollars a year or more can afford to give some money back to the country and community that has allowed them to prosper. In addition, taxes on dangerous substances and materials such as alcohol, cigarettes, guns, and bullets could also be increased. None of these is necessary and so can taxed more heavily without a huge detrimental effect.

3) I chose to let many of the Bush tax cuts on wealthy Americans expire, meaning that high-income households will have to contribute more towards the services they enjoy such as roads, schools, and 911 response. I did not cut spending in regard to health care. I chose not to tighten disability or raise the eligibility age for medicare. I see health care for all Americans, regardless or income, as a priority so chose to protect those programs as I attacked the deficit. I also chose to reduce the number of troops in Iraq and Afghanistan and cut some weapons programs. I believe that troops should be reduced in these countries regardless of the economic benefits as we should encourage responsible self-government rathe r than military control overseas. I also chose not to cut too many jobs from the federal workforce as I believe it is important to keep Americans employed so that they maintain spending power and are able to support their families.

Monday, February 4, 2013

G7

1a) One reason Congress leaves the specifics of federal laws to agencies is to escape blame. If they keep their words vague they are not responsible for the policies that the American public may come to despise. This politically protects congressmen's backs. A more positive reason might be that Congress relies on the expertise of federal agencies. The congressmen may not be qualified to make judgements on exact regulations that need to be implemented in order to meet the goals they outline in a piece of legislation.

1b) My first reason above is supported on page 484 of the textbook when it states, "Congress is fond of stating a broad policy goal in legislation and then leaving implementation up to the bureaucracies. Members of Congress can thus escape messy details, and place blame for the implementation decisions elsewhere."

2a) The Environmental Protection Agency regulates how human activity affects the environment in order to minimize the environmental impact. The Federal Communication Commission regulates communication through radio, television, satellites, and telephones that occurs across state lines and internationally. The Federal Reserve Board controls monetary policy.

2b) The FCC is able to regulate obscenity and vulgarity in the media it regulates by fining companies who do not comply with the standards they set. The EPA sets standards for required fuel efficiencies of vehicles. The Federal Reserve Board may reduce the federal funds rate, or interest rate, it charges in times of financial crisis in order to aid in economic recovery.

3a) Congress controls the budget and so can withdraw funds from agencies it feels are not following legislative intent. This encourages federal agencies to follow the wishes of Congress. Congress can also investigate agencies that are taking too much liberty with the law and whose employees are exercising too much discretion.

Tuesday, January 29, 2013

G4

1) http://www.reuters.com/article/2013/01/28/us-obama-guns-idUSBRE90Q0BA20130128

2) In the wake of several high-profile shootings President Obama is pushing for stricter gun regulations. These proposed regulations include a ban on assault weapons and mandatory background checks for all gun buyers.

3) The president has the power of appointment which allows him to place sympathetic officials in office. President Obama can appoint politicians and bureaucrats to powerful positions who will support him in his endeavor to regulate guns. Having strong support within the federal government will help President Obama to reform American gun laws by giving him a strong base from which to work and allowing the government to be unified in its efforts.

4) The president has a huge access to media which he can use to publicize the gun issue he is hoping to remedy. Because Obama holds such a high profile position he can use the publicity that naturally comes with his office to help him inspire change. Second amendment advocates are a very vocal and well-funded group and so President Obama can use media attention to gain public favor and push forward laws that regulate guns.

Monday, January 28, 2013

G2

1) Formal powers of the president include the power to appoint ambassadors and the power to negotiate treaties.

2) Formal powers of congress include the power to declare war and the power to confirm appointments of ambassadors.

3) The president is able to gain access to the media with more regularity than congress and is able to meet with foreign leaders more often than congress.

4) Access to the media allows the president to present his point of view to the public and to explain and justify his decisions. This will bring public opinion over to the president's side and pressure congress into supporting his decisions. The president's ability to meet with world leaders gives the president an added degree of insight when making foreign policy decisions. This access to information and various opinions gives the president added expertise and can help him persuade congress to support him.

Monday, January 14, 2013

F8

Rep. Perry's Bill:
Amendment: Change “this bill shall be enacted upon the signature of the president” to “this bill shall be enacted six months following the signature of the president”
Question: How do you plan to enforce these new laws?

Rep. Potter's Bill:
Question: Would you consider expanding your bill to include other smoking related diseases?

Rep. Abdul Satar, Arata, and Arbab's bill:
Question: How do you plan to fund this commision?
Amendment: Remove “violence related misdemeanors” from the restrictions on gun purchase

Rep Hibbard:
Amendment: include “same sex couples shall receive all the legal rights and privileges awarded to heterosexual couples” in section four
Question: Would you be willing to include a clause discussing transgendered couples?

Rep. Schodowski and Brown:
Question: would you be willing to address which aspects of No Child Left Behind you feel need the most reform and why?
Amendment: add “ states will be responsible for funding the changes necessary to comply with these new requirements”

Rep. Warren and Lawson:
Amendment: add “this bill shall be enacted upon the signature of the president” or add another enactment clause

Rep. Wilhelm:
Question: How do you plan to defend this bill against people who believe the 2nd amendment isn’t subject to restrictions on types of firearms?

Rep. Wetherall:

Question: Is it fair to ask the government and American taxpayers to pay for the upkeep of these types of criminals in jails for the rest of their lives?

Rep. Srivatsa
Question: Perhaps instead of increasing taxes on the wealthy you could consider a graduated tuition cost based on family income, the tuition of the wealthiest students going towards funding the education of the poorer students

Rep.
Grigera-Monteagudo


Question: How do you plan to go about relicensing every current gun owner when the new restrictions go into place? Will the government seize all firearms of those who fail to meet the requirements of the new licenses?

Thursday, January 10, 2013

F7


113th Congress
1st Session
H.R. 321

To allow all minors entering the United States of America to become full citizens of the country

In the House of Representatives of the United States

January 11th, 2013

Ms. Thomson introduced the following bill; which was read and referred to the Committee on the Judiciary and the Subcommittee on Immigration Policy and Enforcement

A Bill
To allow minors entering the Unites State of America to become full citizens of the country

Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled

Section One: A Short Title
This act may be cited as the Citizenship Act.

Section Two: Findings and Purpose
a         a) Findings – Congress finds that –
1.     In 2011 the number of illegal immigrants in the U.S. was estimated at 11.5 million
2.     In 2011 396, 906 illegal immigrants were removed from the U.S.
3.     Of those immigrants deported in 2011 45% had never been convicted of a felon or misdemeanor
4.     1.2 immigrants were deported under President Obama’s first term
5.     The 2011 Birthright Citizenship Act allows children born in the United States to be considered citizens, regardless of their parents’ citizenship status
6.     It is in the best interest of the nation to extend these citizenship rights to minors who enter the country in an attempt to give them all the opportunities that America is based upon
b      b) Purposes – The purposes of this Act are –
1.     Allow children entering the country to become full citizens of the United States with all the rights and privileges of all other citizens
2.     Facilitate the contribution of immigrants to their communities in a meaningful and substantial way
3.     Create the Future Americans program within the U.S. Citizenship and Immigration Services in the Department of Homeland Security
4.     Grant the Future Americans Program with the ability to grant citizenship to anyone entering the country under the age of eighteen


Section Three: Definitions
            In this Act:
1.     Immigrant – the term “immigrant” means a person who moves from one country to another intending permanent residence
2.     Illegal Alien – the term “illegal alien” means a foreigner who enters or resides in a country without that country’s authorization or permission
3.     Citizenship – the term “citizenship” means the state of being vested with the rights, privileges, and duties of a citizen
4.     Citizen – the term “citizen” means a member of a nation who owes allegiance to its government and is entitled to its protection
5.     Minor – the term “minor” means a person under the age of eighteen

Section Four: The Future Americans Program
1        1. In general – there is established a program that shall be known as the Future Americans Program designed to naturalize minors entering the United States as illegal aliens
a.     Staffing
                                               i.     The U.S. Citizenship and Immigration Services retain the right to appoint and dismiss staff to this program as they see fit under the supervision of their superiors in the Department of Homeland Security
1.     Staff shall be appointed to begin function of the program ninety days following the enactment of this Act
b.     Funding
                                               i.     The budget of the Department of Homeland Security shall be adjusted accordingly to allow for the creation of this new program

Section Five: Powers  and Duties of the Future Americans Program
1      1. The Program shall allow minors entering the United States to register to become citizens of the country
a.   Six months following entry to the country minors shall have the opportunity to become citizens
b. Before citizenship is granted all applicants shall present proof of residency and shall undergo a background check to ensure that there is no criminal activity or intent

Section Six: Authorization of Appropriations
1      1. The budget for the Future Americans Program shall be overseen by the Department of Homeland Security
2      2. A small fee shall be charged at registration which shall assist in the acquiring money necessary to fund the program

Section Seven: Enactment
1        This bill shall become effective on the first of January 2014

Tuesday, January 8, 2013

F6


Problem:
The United States is faced with rising conflict over immigration. The issue is divisive and an emotional one. The two parties stand on different sides of the problem, as usual. The fiscal cliff crisis has not forced Obama to take his eye off of immigration reform as he pushes congress to become less partisan and work together on the issue. Perhaps this strategy is working as Joe Biden recently told the press that he believes the GOP is beginning to soften its position and is beginning to become more willing to consider reform. As it stands today, however, the Mexican-American border is blocked and patrolled and it’s becoming increasingly difficult to become a U.S. citizen. Despite this, our country is based on immigration, based on the ideal of offering opportunity to those who were denied it elsewhere. Every American family, with the exception of full-blooded Native Americans, can trace their roots back to an immigrant who came to this country full of hope and promise. It is time for the fear and xenophobia to end. It is time for immigration reform.

Existing Laws:
The 2011 Birthright Citizenship Act allows all children born in the U.S. and it’s territories to be naturalized citizens. The Birthright Citizenship Act was an addition to the 1952 Immigration and Nationality Act, which ended immigration restrictions based on race. It also allowed for immigrants to be denied access to the U.S. based on suspected subversive activities and for immigrants to be deported after being charged with subversive activities. In addition, the 14th amendment helps to define citizenship and broaden its previous definition. This bill addresses similar concerns as the DREAM Act but allows minors to become full citizens rather than gain residency benefits and does not require a college degree or military service to gain citizenship.

Proposal:
I propose that a law be passed allowing children who enter the country illegally to be granted citizenship. Many find fault with soft regulations on immigration because it takes jobs from legal workers and allows illegal immigrants to jump ahead, entering the country before those waiting to come in legally. However, these are not the crimes of children. Children who grow up knowing essentially no other home than the U.S. should not be deported years later. Children should not be deported because their parents brought them here hoping for a brighter future. Many children who enter the U.S. illegally and grow up here do not speak the language of their native country and are unable to function appropriately there, unable to contribute to society in the way they can here. This reform will allow children to register and show proof of residence and file for citizenship. This will help to promote a healthier and more accepting nation.

Committee:
This issue would fall under the Subcommittee on Immigration Policy and Enforcement.

Sources: