J2- Review Presentation

https://docs.google.com/presentation/d/1YsJgfEY38vsSNUE84l-wBCLjCH4klyWrMqROkNT2dvU/edit#slide=id.p 

J1

President Obama and the White House staff struggle to decide whether or not to continue enforcing the Defense of Marriage act, even though they have publicly declared their opposition to its provisions.

http://www.nytimes.com/2013/03/29/us/politics/for-obama-tricky-balancing-act-in-enforcing-defense-of-marriage-act.html?pagewanted=all&_r=0

- Under what type of scrutiny would legislation based on sexual orientation fall?

H6

(a) Judicial review is the power of the Supreme Court to determine the constitutional validity of acts, statutes, executive orders.

(b) Judicial review grants the Supreme Court the power to overturn laws proposed by the legislative branch or actions taken by the executive branch, therefore backing the system of checks and balances of the judicial branch over the other two branches.

(c) A writ of certiorari is issued by the Supreme Court to a lower court, ordering it to produce a certified record of a certain case it has tried, in order for the Supreme Court to determine whether any irregularities/errors have occurred that could justify review of the case. The Supreme Court exercises its discretion in selecting the cases by using the rule of 4, a practice that permits four out of the nine Supreme Court justices to grant a writ of certiorari.

 

(d) Stare decisis is the policy of following rules laid down in previous judicial decisions, unless they go against current principles of justice. Individual justices practice stare decisis by referring strictly to prior Supreme Court decisions when ruling in current cases. Judicial activism holds that the interpretation of the U.S. constitution should take into account the current needs and spirit of the nation. Individual Supreme Court justices can be influenced by the future needs of the country, causing him/her to be more likely to strike down laws and policies as unconstitutional.

H3

1. a) Supreme Court nominees share ideologies with the president who nominated them, have held high administrative or judicial positions before, and most often share partisanship with the president.

b) Presidents seek to appoint federal judges who share their political views in order to "pack" the courts with justices who agree with them on policy. During the appointment process presidential aides survey candidates' past court decisions, speeches, writings, etc. to gather information on their ideology. Most justices have had experience as a judge before moving up to the Supreme Court,  some have held elective office, and a few have only had experience as attorneys. The fact that many of the justices have not had previous judicial experience demonstrates how a specific background is not necessarily needed for Supreme Court nomination, differing from judges appointed in the appellate courts. Along with matching ideologies, the president most often chooses a nominee who is a member of the same party as him/her. Most of the president's acquaintances are made through his/her party, and therefore nominees are most often chosen within that party, matching the political views of the president.

c) Elena Kagan had never served as a judge before receiving president Obama's nomination for Supreme Court justice. She was, however, dean of Harvard Law School and the White House said that her inexperience as a judge was a positive aspect, "giving her a different perspective from the other justices."

2. a) Interest groups use the threat of public protest and raise funds to support or retaliate against specific candidates.

b) In 1987 when president Reagan nominated Robert Bork, many interest groups rose up in protest. Groups like Planned Parenthood and the ACLU raised money to run ads in the newspaper and on television publicizing Bork's extremism. This caused public opinion to sway against Bork, in turn causing many Senators to also sway against Bork until he was ultimately denied confirmation.
c) Interest groups mobilized when Kagan was nominated. NARAL pro-choice America were specific in making sure that Kagan received a fair hearing, for they knew she would advocate in support of pro-choice legislation in the Supreme Court, for "Kagan's confirmation is a ripe opportunity for groups to push their agendas, mobilize their supporters, and raise money." NARAL was rapidly raising money and rallying support in order to make sure Kagan was nominated.

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H1

Ruth Bader Ginsburg

- Ruth GInsburg worked with her husband, Martin Ginsberg, on a 1972 tax case Moritz v. Commissioner. The case challenged a situation in which a dependent-care deduction allowed to divorced men, widowers, and women was denied to a single man caring for his ailing mother. 

- The Moritz case launched Ginsberg into association with the ACLU Women's Rights Project. She used the 14th amendment (Equal Protection clause mandates that every state provide equal protection under the law to all people within its jurisdiction) to eradicate gender discrimination by many laws, racking up five victories in six Supreme Court appeals. Rader almost single-handedly convinced courts/legislatures to eliminate gender classifications like a woman's right to be executor of her son's estate (Reed v. Reed 1970), and a female Air Force lieutenant's right to secure housing allowances and medical benefits for her husband (Frontiero v. Richardson 1973). 

- In Craig v. Boren 1976 she fought for the right of the "thirsty boys" in Oklahoma to buy beer at the Honk n' Holler at the same age as young women. In this case Ginsburg convinced the court to agree that (in her own words) the "familiar stereotype: the active boy, aggressive and assertive; the passive girl, docile and submissive was "not fit to be written into law." 

G15

(a) A balanced budget occurs when current expenditures are equal to receipts.

(b) Federal entitlements are payments by the national government to organizations or individuals that are obligated by government according to certain criteria. 

(c) Medicaid is an example of an entitlement. This expenditure limits the federal government from achieving a balanced budget because Medicaid is a growing expense, but does not create a profit. Medicaid is an entitlement though, meaning the federal government is required to cover the expenses, therefore ever-increasing the national debt. 

(d) One consequence of large budget deficits is that the current government is leaving less economic stability for the upcoming generation. As the debt increases, the possibilities for organizations and individuals to prosper decreases, providing a less stable economy as the years go by.

(e) Our projected revenue for 2012 was $2.5 trillion; our expenditures were $3.8 trillion; our budget deficit was $1.3 trillion. 

http://www.usgovernmentrevenue.com/federal_budget

(f) The total national debt, although it is constantly increasing, is about $16,534,403,540,104 

http://www.usdebtclock.org/# 

G11

Proposed Policies:

"Medical bills shouldn't be based on the number of hours in the hospital, but by the quality of care our patients receive"

"We must keep the promises we already made"

"We can get this done."

"So what are we waiting for? Take a vote, and send me that bill"

"Not a bigger government we need, but a smarter government"

"We can fix this, and we will. The American people demand it, and so does our democracy."

"They deserve a simple vote."

Obama proposed a policy of tax reform and company codes that closes loopholes for companies that send jobs overseas, and benefit companies that keep the jobs here in America. He urged Congress to come together to come up with a plan to control climate change; he proposed starting an energy preservation trust and cutting in half the energy wasted by our homes and businesses in twenty years. Obama proposed a rebuilding effort that will supply infrastructure on highways and bridges, and help families refinance and buy homes in a responsible manner. He proposed working with states to make high-quality early childhood education (pre-schooling) available to every family in the U.S. Obama urged the House to follow suit in passing the Violence Against Women Act as the Senate did today. He also proposed raising the minimum wage amount to $9/hour in order to raise the incomes of millions of working-class families. He proposed a non-partisan commission to improve the voting procedures in the U.S., and background checks and regulations to make it harder for criminals to have access to guns.

Style:

I thought that Obama sounded strong. He was confident in what he was saying, and with many hand motions he spelled out exactly what he wanted to get done in the upcoming years. He spoke rather quickly, not stumbling over his words or taking many deliberate pauses. However, although he spoke with determination, the beginning of his speech sounded like re-hashed campaign speeches, not exactly lacking the broad statements without specific plans (although later on in the address he mentioned specific proposals). I was concerned when he proposed giving more funding to education and research in math, science, and engineering "that will help grow our economy," for that inherently entails giving less funding to the arts and humanities, which are equally important disciplines. Obama did tell a personal story about a young girl who was shot and killed in a Chicago park after school - sentimental, hits home on the gun violence issue.

Media/Audience Response:

Many attendants wore green ribbons to commemorate the shootings in Newtown, Connecticut. John Boehner seemed to be trying very hard to remain straight-faced, and he did not join in clapping for most of Obama's statements. When Obama spoke about such policies like rebuilding efforts and education, the camera panned to Sean Donovan and Arne Duncan (and a random kid in the audience), respectively.

Standing ovations for: tax reform, "Not a bigger government we need, but a smarter government", when he actually said the words "climate change," infrastructure on highways and bridges, raising the minimum wage, gun control, and more.

G10

1. The president seems most concerned with health and human services, and social security. Obama is proposing adding 8.4% to the amount of money supporting centers for Medicare and Medicaid services, upping the proportioned amount to $1.18 trillion. He is also proposing 6.7% increase in spending on the social security administration. This would alter the social security budget to $875.5 billion.

2. Obama plans to cut spending in the Defense Department by 1% to $525.4 billion this year. He plans to reduce Army and Marine personnel and end/limit purchases of new, and expensive, equipment within the department. President Obama may want to make these changes because he believes that the amount of money currently spent on defense is too high, and our economy could benefit from a reduction in such spending.

3. Relating to my answer in number 2, Obama's opponents in Congress will most likely strongly oppose a cut in defense spending and a raise in health care spending. The majority of the members of Congress support a heavy emphasis on military spending, and do not support public health care or an increase in spending on health care services.

G7

1 (a). Congress gives agencies policy-making discretion because members of Congress may not have the necessary expertise to run such agencies, and members of Congress also don't want the direct blame associated with mistakes from such agencies. The EPA, for example, needs to be staffed with people who are well-versed in environmental issues and solutions. Members of Congress, although they may be quite intelligent and passionate about environmental issues, have not studied the environment for the majority of their lives, and therefore could not make the most educated decisions for the agency. Congress also does not want to be blamed for the any mistakes that the agencies make. Congress does not have the time to deal with law suits and upset citizens/companies, so they hand the power over to specific personnel to manage. 

1 (b).  "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." (pg. 484)

2 (a). The Environmental Protection Agency (EPA) regulates human interaction with the environment, advocating methods by which clean air can be maintained and clean energy can be utilized. The Federal Communications Commission (FCC) regulates radio, television, and other broadcast media. The Federal Reserve Board is the central bank and monitors the monetary and financial system of our country.

2 (b). The EPA enforces laws, like the Clean Water Act, by investigating cases, collecting evidence, conducting forensic analyses and providing legal advice to help prosecute criminal conduct that threatens people's health and the environment. The Federal Reserve Board requires mortgage lenders to give them data regarding their lending patterns in order to regulate the amount of money banks give for home mortgages. The FCC oversees the authorization of equipment using the radio frequency spectrum and can deny the use of these devices if they do not comply with the standards specified by the commission.

3 (a). Congress ensures that federal agencies follow legislative intent allocating and withdrawing funds with which the agencies need to operate, and utilizing congressional oversight committees that can investigate the agencies. Congress has the enumerated power to create the annual budget, therefore giving Congress the power to divide up the funds between the federal agencies. If Congress believes that a certain federal agency is not acting within the best interest of government, and not following legislative intent, they can then give that agency less money to work with throughout the year. This sends a clear message to the agency that they are not in good standing with Congress, and gives the agency less power and influence. Congress can also use its power of legislative oversight to investigate alleged corruption within federal agencies. With such investigations, the congressional committees could potentially shut down a federal agency, or find reason to cut their funding.

G9

1. I would create a tax on substances such as alcohol and tobacco. This would increase the revenue brought in by such popular companies, boosting the economy. This tax would also decrease the amount consumed by citizens, therefore decreasing related crimes and accidents. I would also legalize marijuana and tax it heavily, allowing for a new source for money to circle into the economy. I would raise taxes on those who make more than $100,000 a year (working off of the the graduated income tax already in place). Those who make 100,000 dollars a year and more are responsible for paying more toward the economy that helped them get to where they are now. I would not raise taxes for lower- and middle-class families.

2. I did the Budget Puzzle by the NY Times.

3. I chose to cut most of the spending on our military. The United States is a superpower, and we don't need excess money being spent on nuclear arsenal and an overly ostentatious Navy and Air Force. I also chose to reduce the number of troops in Iraq and Afghanistan to 30,000 by 2013. Our troops did not need to be there in the first place, and it's long past time that we left. I chose to not cut any of the provisions relating to Medicare. Although health insurance is expensive, all Americans deserve to be treated for illnesses, and it is by no means an area in which resources should be thwarted. I allowed expiration for the income about $250,000 a year, one of the Bush tax cuts. $250,000 is a lot of money, and only about 2% of Americans make that much a year. Therefore, they don't deserve a tax break. People who make that much money should pay more in taxes in order to contribute to the economy and society that they gain services from (roads, busses, hospitals, schools, etc.). 

G2

Presidents are generally thought to have advantages over Congress in conducting foreign policy because of the formal and informal powers of the presidency.

(a) As Commander-in-chief, the President has the formal constitutional power to deploy and bring back troops. The President also has the power to appoint Ambassadors and other foreign policy officials who negotiate foreign policy.

(b) Congress has the power to declare war on other nations, and the power to confirm the ambassador appointments set by the President.

(c) The President has the informal power to meet with leaders from around the world, and the informal power to establish the political agenda to reflect issues on foreign policy.

(d) With the informal power to meet with world leaders, the President can avoid the formal process of discussing foreign policy, and can have the support of certain other nations that will help in negotiating with Congress. With the power to establish the political agenda, the President is able to persuade the public to pay attention to certain aspects of foreign policy. This attention from the public puts pressure on Congress to then discuss such issues of foreign policy.

F6

I. I want to work to solve the issue of gun control in our country by outlawing automatic and semi-automatic weapons, and making the process by which gun licenses are obtained mandated by federal law. Whether cultural, religious, political, or personal debates are occurring, people end up hurting one another. The saying 'guns don't kill people, people do,' is entirely misleading - guns allow people to kill people. On July 27th, 2008, a man walked into a Unitarian Universalist church in Knoxville, Tennessee and fired a shotgun, killing two people and wounding seven others. Although these numbers seem low compared to the other mass shootings that have occurred in the past few years, this particular story hits home for me. Everyone deserves to feel safe while practicing his/her faith, no matter what it is. Jim Adkisson, the shooter, walked into the church and shoved fear into the hearts of all of the young children there, and the rest of the congregation. A more recent example of gun violence is the shooting in Connecticut. Once again, someone walked into a school and opened fire. If the man did not have such easy access to a gun, this would not have happened, and all of those children would still be alive.

II. The Luatenberg Amendment, also known as the Domestic Violence Offender Gun Ban, addresses gun control related to incidents of domestic violence. This act bans transport, shipment, ownership, and usage of guns/ammunition by individuals who have been convicted of misdemeanor domestic violence, or who are under a restraining order for domestic violence in the United States.The act also allows for people living with or associated with such individuals come under great scrutiny if attempting to obtain and own a gun. The provisions of this act are similar to the provisions I hope to make in my bill. I believe that persons who have been convicted of misdemeanors and felonies should not be granted access to any sort of weapon, let alone a gun. Therefore, my bill will also adopt similar provisions for individuals who are associated with individuals who have been convicted of any misdemeanors and/or felonies. The restrictions will be higher on such persons, and the background checks/process for obtaining a gun will be more intricate.

III. The bill will give the federal government the power to issue gun licenses. Therefore, the power will be taken away from the states governments, and the law will be more universal across the country. A commission will make sure that the state governments are properly executing the federal law, and that no loopholes are created and allowed by the state and local governments. This commission will also create the guidelines, regulations, and requirements by which a citizen may obtain a gun license. Because no person can obtain a gun without a license, the guidelines will be reviewed and reissued annually. The commission will look to the measures for acquiring a federal firearms license previously imposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives for guidance on approving or disapproving of applications for gun licenses. The commission will also be comprised of a balanced ideological group, so that all opinions are considered. There will be restrictions on who can obtain a gun, and requirements for those who do gain access to a gun. Only legal citizens of the United States may have a gun, no citizen convicted of a misdemeanor or a felony may have a gun, and all applicants for a gun license must undergo an extensive background check (mandated by the commission). There will be a strict process by which someone may obtain a gun, and this process will be run by a federal commission. Automatic and semi-automatic weapons will also be banned in all 50 states. The commission will make sure that state and local governments are properly executing this provision of the bill, and such states that do not abide will have access to new roads and public services cut off from the federal government.

IV. My law should be introduced into the House Judiciary Committee.

V. http://www.knoxnews.com/news/news/local/knoxville-unitarian-church-shooting/ http://articles.latimes.com/2012/dec/14/nation/la-na-nn-connecticut-school-shooting-20121214
http://en.wikipedia.org/wiki/Knoxville_Unitarian_Universalist_church_shooting

F8

• Rep. Thomson's Bill:
• Question: In Section 2(a), you mentioned giving immigrant minors "all the opportunities that America is based upon." What exactly are these opportunities?
• Rep. Potter's Bill:
• Amendment: In Section 2(b) add "predicament to the end of: "Increase medical infrastructure in areas afflicted with this"
• Question: In Section 5 (1), you mentioned that "All persons who have been diagnosed with Black Lung, Brown Lung, or Green Tobacco Sickness shall have all medical expenses paid for by the Federal Government for the entirety of their lives." What about those who have not been diagnosed with these specific diseases, but still suffer from health conditions due to their work? Will they be denied health care benefits?
• Rep. Hibbard's Bill:
• Amendment: Replace the term ‘all men created equal’ with "all persons created equal." With this change, all genders will be included in the bill.
• Question: For “The Gay Marriage Act will protect same sex couples from any discrimination within public institutions refusing to participate in the union of the couple,” how will the national government ensure that the state governments are adhering to this act, and that those who don’t follow the regulations are penalized?
• Rep. Wilhelm's Bill:
• Amendment: To increase the professional aspect of your bill change the wording in Section 2(a): change “go about everyday procedures” to "approach everyday procedures."
• Question: Section 2(b) reads that “Basic handguns will not be banned because they can be considered protective weapons.” What qualifies basic handguns as protective weapons? Specifically in what scenarios are they considered protective, and how will the national government/the courts determine if the handguns were in fact used for protection?
• Rep. Brown's and Rep. Schodowski's Bill:
• Amendment: In Section 2 (a-1) replace “the current law” with "the No Child Left Behind law."
• Question: How will the natural rainwater collection systems be paid for? Will they all be covered by the national government, or will it be up to the states or local governments to fund?
• Rep. Wetherall:
• Amendment: In Section 5, “If a court decides to dismiss and disobey this law they will be able to be put up for an impeachment trial,” replace “they will be able to be put up for” with “they will be subject to.”
• Rep. Lawson and Warren:
• Question: Why are these provisions only targeted toward young women, and not men?
• Rep. Srivatsa:
• Amendment: Replace “upper” in “Upper Education” with “higher" to make "Higher Education," for this is the correct term that we use.
• Rep. Grigera-Monteagudo
• Amendment: In this day and age, it is important to not have terms that refer to one gender, that gender being males. Therefore, in Section 7, number 3, letter c, replace “chairman” with “chairperson.”
  Question: How long is the term of the chairperson of the FWA?