POSC 311 Notes March 14-March18,2016
POSC 311 Notes March 14-March18,2016 POSC 311
Long Beach State
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This 10 page Bundle was uploaded by Audra Oul on Tuesday March 15, 2016. The Bundle belongs to POSC 311 at California State University Long Beach taught by James Fox in Spring 2016. Since its upload, it has received 12 views. For similar materials see Constitutional Law Power in Political Science at California State University Long Beach.
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Date Created: 03/15/16
Monday, March 14, 2016 National Federation of Independent Business . Sibelius: Robert delivered the opinion of the court Affordable Care Act Obama Care cannot deny preexisting condition Government covers everyone like Sweden Filing a law suit: Cannot force American people to buy insurance Drive a car need to have insurance Scalia said we all need car insurance Scalia not going to partake in health care Insurance prices would be affordable for average Joe Did not buy insurance going to have a fine. Going to levy a tax. Insurance goes up because level of income goes up Making more pay more for insurance Went from 12 to 16 dollars amount Make sure sick get money back Are we able to fine people for it? Government pays when people do not have insurance and cannot pay Different rates for private sectors because excludes people who are selfemployed etc. Commerce clause cannot be used to justify Affordable Care Act They cannot use the commerce clause for this. Everyone should be able to coerce and compelled to buy it. Congress had the ability to tax people. Still money coming from pocket if do not do it. How can we sell out? Ted Cruz 5 lawyers can make a decision on us. Used Congress ability to tax Proponents of Obama Care gave us the ability to regulate this Treating citizens differently Strictrace or fundamental rights Immediateage, sex orientation Rationalcould be used as a tax. He applied it properly. Can be upheld to tax Used money as a means of regulation Do not like how agency doing can take them away Federal agency functions: all of them have hierarchy Agency has two different definitions: staff agency and line agency Chief’s job is to advise the president Department of Defense like how many planes are in the air They are also called the president’s cabinet Line Agency: FFC (Federal Communications Commission) , FDIC (Federal Deposit Insurance Corporation) President has appointment’s power Donald Trump said health care Why would Ben Carson come out? That guy is retired. Ben Carson is a retired neurologist They are positioning themselves for jobs to fill Help in campaigning appointment chief of FAA (Federal Aviation Administration) Do you have to know? Department heads manage people They are managers, political lives Hilary Clinton goes to law school. Make sure has transient lights Going to hire people All government jobs should come on in 2008 Obama going to close Guantanamo Bay. He did not closed. He went to department of defense. Robert Gates said not going to close Guantanamo Bay. We know about Guantanamo Bay, but it is elsewhere Roberts upheld Obama Care use rational basis Robert Gates is the United States Secretary of Defense Person want to close it Can we do this? The answer is not a good idea. Agenciesstaff agencies only job is to advise president Line agencies deal with the public Department heads just manage the people who already run the agenciescaptivity more in line with the people running the agencies Leader of department advises the president Is he loyal to his under leagues? *Captivity: become more oblige to those above up The agency was created for what reasons Protect Established in 2002 CIA (Central Intelligence Agency) Agency are created to solve a problem Create the FDCC (Federal of Defense and Corporate Counsel) during the New Deal Had problems in the 1920s and 1930s in the Great Depression Movie: Something the LORD Made Vivien Thomas He was the first to do the cardiac surgery Create FDIC (Federal of Defense and Corporate Counsel) that banks have this insurance If bank fails, your money protected by the federal government It happened when planes crash into each other Planes created all the rules Agencies are Made to solve problems—Congressional power Enabling legislationWhen Congress creates agencies Agencies can pass laws Congressional power to create agency Pass legislation enabling legislation Create the FAA (Federal Aviation Administration) protect the populist and keep it safe Agency to promulgate rules They can pass interpretative rules or procedural rules or substantive rules Procedural rulesWhat is the procedure? Interpreted rules: what do the terms in legislative mean? What does it mean to be safe? What constitute aircraft? Is it gliders? They pass a lot of laws about drones. Register drones with aircraft California said that you have be 21 to smoke. Be over 25 to have sex Have to be 30 years old to marry State level have to wait until 30 Little drone have to be fly around. Have to get them high enough. Interpreting rules: What does enacting mean? What does it mean to say..? Substantive rules: rules that we can ticket for. Fine law. Do not have a transponder for that particular on. Highway patrol behind me. Have to have plates to bring it in. Called fast track and paid for it. Got ticket $403. Show up only $260 See how far the regulation goes Conservative complains about the overregulation Federal taxation as a mean of regulation CEO made objective: to make profits Manager Obligated to stock holders: want to make money Going to cost $40 million a year or could dump them out back It would cost you a million Obligation to do is dump in the bag Are you going to promulgate a rule? Without government regulation, you are obligated as a stock holder Conservative side let the conservative do what they do? Over regulation vs. underregulation Cigarette for women. Cigar are for men Tobacco monitored by the FDCC (Federal of Defense and Corporate Counsel) This will cause your death This going to effect the economy Saying going to kill you Going to affect Tobacco Company Told FTC (Federal Trade Commission) for another thing to do: took away the power of tobacco through legislation We are not classify as a drug Also, increase their money Federal taxation as a means of regulation Taxing cigarette for $5 a pack to deter people from smoking Two packs a day $10 a day. Can spare $40 for a nursing license Federal taxation as a means of regulation all the time Also, use the spending power. When they want certain things done, they can increase budges Bernie gets the money from is tax the rich. Make healthcare free. Tax $270 of it. Increase taxes. Use the power of federal regulation Where going to get the regulation? Going to tax the rich Bill is $255 what are you going to do? Pay for everything. Borrow from who. Pay for it credit card Increase what you make. Decrease what you spent. Look have 2 options: thin as a rail and still drinking tab Guy is 32 inch waist Loss a lot of weight Congress is the one who spends money 1. Authorization: financial aid Fill out fafsa. This is how much eligible for. Going to give this much 2. Appropriation: actually get the money and spend it Due process clause found in the fifth and fourth amendment Fifthapply to the federal government Government (state or federal) still make law to not deprive someone from life, liberty, and property without due process. Car is a property. Possession of property. Money is property Impact your money without due process is a claim ****DUE PROCESS IS THE NOTICE AND OPPORTUNITY TO BE HEARD… If going to raise their rates here, they have to give opportunity to chime about it. Monitor code or federal regulation This establishment want to apply for liquor license. Bar wants to serve hard liquor Increase traffic is going to be problematic Going to affect your life going to have a fair trial I was not told. Apply for permit that makes sure government plans this out Fire detectors only last for two years. Have to change the battery Only good for two years and have to get a new one A law is what Congress wants to pass Congress wants to pass new regulation Have to have notice and opportunity to be heard It is representative government Two different doctrine 1. Londoner doctrine: if regulation going to affect a small finite people. Have to have public hearing. Londoner v. City of Denver Each person had a bill for this personal chair We did not need this thing paired Should have been consulted about this They wanted money now City of Denver said not allowed to do that Bimetallic doctrine: when regulation is going to affect a large number of people=public hearing. If hold public hearing is not functional, goes through the senators. They can offer other methods. Ability to be heard through writing. State senators and congressman and really bad goes to senators. Congress can regulate through financing the agency and jurisdiction Staff Agency Line Agency Know that is done to response to the problem Congress affects regulation Administrative agency is executive functionregulationcontrolled Congress has authority to enact the Civil Rights Act. It is a response to be a crisis. They are over half a dozen civil rights act. One under right now is civil rights act of 1964. Death of Kennedy is trying to get 1964 signed. Something that was important to him. That gave power under the 14 th th amendment. We put in 13 amendment to end slavery. We have series of events occurred. Brown v. Education overturned Plessy v. Ferguson he had 1/3 second of African American blood. This gentlemen went and sat in the white car. We are deemed we are part black. The court came back and said yes you can. We can back with separate but equal doctrine. Started before the 3 and 14 amendment. It is one of the case of Dred Scott. Dred Scott was owned by this doctor. Slavery is allowed the South. Anything pass this line. Slavery was not allowed. Doctor died too brought by to slave states. Even if free, you are not a citizen Said preamble to of the Constitution backwards They called them literacy test. The problem African Americans that time is not literate. They put all this test in the way. Separate but equal Thurgood Marshall said you cannot continue to do this It is not equal service Schools have to be desegregated Supreme Court said going to have to fix this **** “FIX IT WILL ALL DELIBERATE SPEED unsegregated schools August 28, 1965 date of I have a dream speech Rosa happened Emmett Till had an uncle in Mississippi. White person walk on the side walk do not look at the eye They would beat up and hang up It was not frowned upon Emmett Till picking cottons Carolyn Bryanthad went to car 2:30am in the house no electricity They had his 45 and take him to shed and beat this young boy mercifully and no teeth left. Axe to the middle of his head. Threw in body in Tallahassee River Decide to bury him quickly We turn that body to his mother Allowed the picture to punish in the magazines to circulate Spurred the Civil Rights Movement of Rosa Parks lightening to the bus The trial was held in the week Verdict not guilty We did it and of course we will do it again Lightening rod of not guilty verdict People are coming over there. They want to bring a case against +Caroline Brian Led to civil rights of 1964 The Montgomery Boycott Everyone supposed to be one man one vote Extra layer of the Voting Rights Act of 1965 Do not care of developmental disabled Helen Keller can vote Each state sets ups how they vote. Caucus primaryeverybody get together to vote Caucus state gives all delegates to those who have win Put portion of the 1965 Cannot make change to election law until pass to the federal government Section 5 of Voting Rights Act outlived its usefulness No reason that any state government would ever pass elections law That stuff is overhistory Violence against the women’s act How they get power to violate against the women? Is this a state issue? Liberty questionhave to do with how they prosecuting people They used through the commerce clause Women are being beaten. Do you think they are spending money? Discussion Supreme Court If are undocumented persona and victim of domestic violence. Pathway to citizenship. Violence against women’s act 35 years old to be president, a naturally born citizen, and be resident for 14 years in the United States Anchor babiesno case that says that Now whole family has the ability to stay over here Do not have to be established with a religion The original constitution said can only elect for only two terms If vice president dies, you can effectively serve two terms Electoral College: elected by delegates (Senator or House of Representatives). Who they want voting for them in Electoral College? It could be friends or people who helped out. Someone work in their campaign? Who will have cast the votes for? Floridastate said no Gore lost by three votes Hanging Chadpush card and put your stuff –Ambiguous push Why does go to Supreme Court? Supreme Court said not deciding this and pushed it back to the states. Bush wins It should be person who wins the popular vote Take San Diego have 10 million people What if we are going to let Missouri dictate our regulation? No one state has more than one say What if the president becomes disabled, vice president What if FDR had a disability? What if President have disable? What if Obama had a stroke? 1967 had some issues with this Vice president takes over when president is disabled President Clinton had resigned Paula Jones had said President Clinton sexually harassed Monica Not suing you that went outside Vote on it and impeached him 2/3 vote, he is removed from office Any office can be impeached even Supreme Court judges Numerated Power Appointment Power President: power of commander of chief Commander in charge of military George WashingtonGeneral who created the country cross the Delaware Who can command the military than George himself? President like Eisenhower Think kind of assume Guessing is probably going to rise around the ranks Who killed Kennedy? Inherited Powers: President faithfully defend the constitution Continuing Resolution: we have not have a budget for years. Said going to get me a number President needs 6 billion this year. Have to cut that down. Book of budget was seven books The budget not passed still collecting revenues One day late going to charge interest not going to pay Do not have authority give them need Congress to do that Suppose to pass for an entire year Fiscal years have to pass for the federal government The president have the inherit power Fifteen amendment to bypass Congress Veto –rejecting the bill We need a Megan’s law. We all need this law He can wait. If he does not do anything, it becomes law without law If session of Congress have not signed it unless Congress brings it up Why veto it rather than pocket veto it? Congress cannot override it if it is pocket veto Congress has to start over on just a bill Line item veto: goes through it and said do not like that Contract of America Discretionary money can line it up and say paying for that or not paying for that. The line on Veto. We knew they are going to be a switch for a couple of years People are the citizens of New York got upset Clinton v. New York: president was not allowed to give line item veto Congress declares war and president brings troops Have to constitutional amendment in order to tax people on their income House passes the bill. Senate pass the bills. Both Congress said this is what we want Can wait 10 days Or Pocket veto it Does not sign it in 10 days Said yes I approve and did not want to goes against he will of people Let sit there and did not become law Process of bicameralism: sign it or veto it General election: that we need a balance budget Have requirement of passing a budget App tracks federal debt. Watch thousand dollars pass by $100, 000 passes Left hand side of the world is Germany Pass a budget amendment Governor Brown can cross out Federal executive does not have state executive Have all or never it is probably wrong. The president has power of appointment: he has the power to appoint How does he have the time to do this? Appoint all these people. Appoint all these judges Who should be the federal judge of California? My friend came a judge in San Diego He was late on two student loan payment 25 years ago Those commissions makes amendments. Federal judges can be impeached If it is state agency, they serve the offense. Very rarely are they removed from office 2003 Treasury was asked to stepped down There was no meeting of the mind Paralegal has to work with lawyer Agency are a different story: the president has to ask for resignation They do serve at the will of the president Congress can restrict the removal of the president Some of them has to be removed for cause: misfeasors or malfeasance Malfeasance: bad intent to it Embezzling money do something with evil intent Misfeasor: do a bad job, a mistake, Can only be removed for malfeasance if have specific term Power of Presidential Party See in December of this year and in January 2017 Barack Obama has power to pardon They could be someone who have criminal liability Resolved him of all criminal liability for Richard Nixon. This is what Ford did. That particular thing feels that today Do not trust the government because of water gate Kennedy got killed Kennedy had remained that we have not gotten point of Vietnam Nixon is the tough on crime Nixon switched the banking industry Switched over to the gold standard to the credit standard See how much the bank had on the reserve about $10,000 We are going to have to move the banks Then came the Watergate scandal It is about power. That is people willing to do anything to gain that power. Listen to people speaking had to read through the lines President can pardon anybody The country moved on because it was a cancer that was growing Pg. 210 Amnesty
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