The article discusses the court case U.S. v. Davila-Mendoza, wherein the U.S. Court of Appeals for the 11th Circuit restricted the Commerce Clause authority of the Congress over economic activity on foreign waters, particularly the regulation of maritime drug trafficking under the Maritime Drug Law Enforcement Act.
Journal of International Social Research; Apr2021, Vol. 14 Issue 77, p343-351, 9p
Abstract
Copyright of Journal of International Social Research is the property of Journal of International Social Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Journal of Policy History; April 2023, Vol. 35 Issue: 2 p281-306, 26p
Abstract
AbstractIn order to establish a new national budget system during the Progressive Era, Congress had to overcome an earlier convention in which it used detailed appropriations in an attempt to control the budgetary actions of federal agencies and the president served no formal role. Incremental changes to strengthen congressional budgetary controls proved inadequate but provided reformers with an opportunity to supplant the existing orthodoxy, resulting in the Budget and Accounting Act of 1921. Although most studies have focused on the Act in terms of its effects on presidential power and presidential/congressional relations, this study focuses on congressional actions and debates to show how reform was rooted in long-standing congressional concerns about the need to control agency budgetary actions and was understood at the time as a culmination of those efforts, not simply as a case of Congress enhancing presidential power at its own expense.
INTERGROUP relations, POLITICAL affiliation, POLITICAL parties, and STATISTICAL models
Abstract
• Political polarization can take both weak and strong forms, defined by intergroup relations. • Positive and negative political ties can be inferred from patterns of bill co-sponsorship. • Both chambers of the US Congress have grown more polarized since the 1970s. • Trends in congressional polarization are unrelated to which party holds the majority. Claims that the United States Congress is (becoming more) polarized are widespread, but what is polarization? In this paper, I draw on notions of intergroup relations to distinguish two forms. Weak polarization occurs when relations between the polarized groups are merely absent, while strong polarization occurs when the relations between the polarized groups are negative. I apply the Stochastic Degree Sequence Model to data on bill co-sponsorship in both the U.S. House of Representatives and U.S. Senate, from 1973 (93rd session) to 2016 (114th session) to infer a series of signed networks of political relationships among legislators, which I then use to answer two research questions. First, can the widely reported finding of increasing weak polarization in the U.S. Congress be replicated when using a statistical model to make inferences about when positive political relations exist? Second, is the (increasing) polarization observed in the U.S. Congress only weak polarization, or is it strong polarization? I find that both chambers exhibit both weak and strong polarization, that both forms are increasing, and that they are structured by political party affiliation. However, I also find these trends are unrelated to which party holds the majority in a chamber. [ABSTRACT FROM AUTHOR]
Journal of Law & Politics; Summer2019, Vol. 35 Issue 1, p19-65, 47p
Subjects
JUSTICE administration, DUE process of law, COURTS-martial & courts of inquiry, JUDICIAL power, and SEXUAL assault lawsuits
Abstract
In Ortiz v. United States, 138 S. Ct. 2165 (2018), the majority described the military court-martial system (a commander-controlled process for adjudicating criminal complaints) as judicial in character. It reached this conclusion over Justice Alito’s dissent, which took a diametrically opposed view by describing the system as an Executive Branch entity that could not exercise judicial power. The conflict between these two views is nothing new as they have been at the center o f a debate about the fundamental nature o f courts-martial for more than a century. Since Congress legislates consistent with Justice Alito’s executive view, a rift between the Legislative and Judicial Branches is now apparent. This gives rise to a question about the constitutionality o f the court-martial framework under the Uniform Code o f Military Justice (UCMJ): does the current commander-controlled process comply with the requirements o f due process? The answer to this question is especially relevant in today’s political environment where members o f Congress, operating under an executive view o f courts-martial, pressure senior military leaders to produce convictions in sexual assault cases. Therefore, this Article examines the due-process question, concluding that there is an argument that the UCMJ’s court-marital framework may not meet constitutional muster. In reaching this conclusion this Article highlights the type o f structural reform that is necessary to ensure due-process compliance. [ABSTRACT FROM AUTHOR]
Walker, Andrew J., Silva Campo, Ana María, Manners, Jane, Hébrard, Jean M., and Scott, Rebecca J.
The William & Mary Quarterly (Project Muse); August 2022, Vol. 79 Issue: 3 p425-452, 28p
Abstract
Abstract:In 1809 more than three thousand people were claimed as slaves upon arrival in Louisiana, in violation of the 1807 U.S. law against the international trade in persons to be held or sold as slaves. Having lived as free persons in Saint Domingue since the revolutionary emancipations of the 1790s, these people had been swept into a large exodus of war refugees in 1803, as the Napoleonic expeditionary assault ravaged the colony. When France and Spain went to war in 1808, the Spanish government in Cuba expelled the "French" refugees. More than ten thousand soon made their way toward Louisiana. Before their departure, one hundred prosperous white refugees penned a petition to President James Madison, seeking to bring into the United States those whom they coyly described as their "domestics." In June 1809 the U.S. Congress passed, and the president signed, a law granting the requested "remission of penalties" for those from Saint Domingue via Cuba who had violated the 1807 law. The Louisiana legislature, in turn, authorized putative owners to buy and sell those they now claimed as slaves. The dynamics of these acts of peremptory enslavement reframe our understanding of Caribbean connections in the early U.S. Republic, and of the 1807 law.
Review of International Affairs (04866096); Sep-Dec2022, Vol. 73 Issue 1186, p33-60, 28p
Subjects
RUSSIAN invasion of Ukraine, 2022-, UNITED States armed forces, CHINA-United States relations, and CHINESE people
Abstract
Copyright of Review of International Affairs (04866096) is the property of Institute of International Politics & Economics and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
University of Cincinnati Law Review; 2018, Vol. 86 Issue 2, p797-822, 26p
Subjects
NEIGHBORHOODS and COASTAL surveillance
Abstract
The article offers the information on the Amagansett as New York as an attractive East Hampton neighborhood. The article mentions about the many mansions that populate Amagansett is a historic Coast Guard station that sits just off Atlantic Avenue beach.
In contrast to the thesis that the War Powers of the U.S. Congress are defective and dysfunctional, congressional behavior can be understood as rational and strategic: First, members of Congress evaluate electoral interests when choosing to support or criticize presidential war policies. Second, congressional members assess whether the use of force abroad is aimed at preventing threats to US security interests. Such "wars of necessity" are likely to summon congressional support, whereas Congress is more skeptical towards humanitarian interventions ("wars of choice"). The thesis will be illustrated by comparing the two most recent cases of military interventions (Libya 2011, ISIS 2014). [ABSTRACT FROM AUTHOR]
UNITED States legislators, LEGISLATIVE voting, DEMOCRATS (United States), REPUBLICANS, PRACTICAL politics, and PARTISANSHIP
Abstract
Copyright of EurAmerica is the property of EurAmerica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
ARCHIVAL materials, INTERNATIONAL relations, ARCHIVES, and UNITED States senators
Abstract
Copyright of Pregled is the property of University of Sarajevo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)