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Apr 6, 2024
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but as a result of the information that congress discovered during the investigation, congress passed the national security act of 1947. and this act did a major reorganization of the military branches and in national intelligence. so it created a the first permanent intelligence agency and it also reorganized all the military services to be under one department of defense. just before the united states entered world war two, the senate created the special committee to investigate the national defense program. this committee was was created to oversee billions of dollars in appropriations that congress had just made for war preparation. this committee was led by senator harry truman and of missouri, and it investigated reports of fraud and inefficient c in war preparation. so the committee uncovered numerous instances of corruption and mismanagement and profiteering. it set a standard for congressional oversight operations and was widely praised for its effective work, saving billions of dollars of taxpayer money. it also made senator truman a national figure. the tranommittee's inves
but as a result of the information that congress discovered during the investigation, congress passed the national security act of 1947. and this act did a major reorganization of the military branches and in national intelligence. so it created a the first permanent intelligence agency and it also reorganized all the military services to be under one department of defense. just before the united states entered world war two, the senate created the special committee to investigate the national...
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Jan 17, 2024
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congress did not wantto foreclose. it didn't want to foreclose and it was entirely permissible for the expert agency to come in and take stock with the situation and take account of the pocy goals of the incoming administration tount for the interest of the regulate parties. >> taking into account the policy goals of the new administration reflect a democratic sre where we have the new administrati being elected by the people on the basis of rtn policy determination. my concern is i pose judicial but precisely because we are not accountable to thpeople and have lifetime appointments. if we have gaps and ambiguities and es and the judiciary is coming in to sell them, i suppose we would have something a separation -- a separation of powers concern related to judicial policymaking. am i wrong to be worried about that? >> that concern is valid. one is to recognize that in these scenarios, because the statute itself does not suly an answer and the courts cannot ascertain that ressman to resolve it an in that circumstance in
congress did not wantto foreclose. it didn't want to foreclose and it was entirely permissible for the expert agency to come in and take stock with the situation and take account of the pocy goals of the incoming administration tount for the interest of the regulate parties. >> taking into account the policy goals of the new administration reflect a democratic sre where we have the new administrati being elected by the people on the basis of rtn policy determination. my concern is i pose...
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Jan 18, 2024
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>> congress wants courts to terpret the best interpretation. >> congress knows there are going to be gaps because congress can hardly see a week in the future with respect to the subject let alone a year or a dede in the future and congress knows there are gng to be things that will just not be clear how this will apply or what it will mean with respect to countless factual situations this country will have to address. does congress want this court to decidehose questions policy laden questions of artificial intligence? >> i don't thinkongress wants the court to do policy, but it's ordinary function which is terpret the law and apply the best understanding of the law. the implication of your question is this is some sort of intentional delegation by congress, the chevron deference is implicit delegation but i don't think that's right. many people including an insightful article you wrote 20 years ago make clear this is fictional. >> it is academic speak for presumed. we are presuming conessional intent, theongressional intent is delegation explicit on the facof the statute but what w
>> congress wants courts to terpret the best interpretation. >> congress knows there are going to be gaps because congress can hardly see a week in the future with respect to the subject let alone a year or a dede in the future and congress knows there are gng to be things that will just not be clear how this will apply or what it will mean with respect to countless factual situations this country will have to address. does congress want this court to decidehose questions policy...
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Mar 19, 2024
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congress could have ides or no. there's nothing about law really inherently in the question should the monitors on the boats be paid for by the owners or t government. so step onas congress in the statute answered that question. whene y no, everybody agrees that's not in the statute, en we say the agency can make that determination so long as they do so in a reasonable way. , for example, here, the question iwhher or not monitors on the boats have to be paid for by the owr the boat. i see that as a policy question. congress could have said yes or no. there's nothing about law really inherently in the question of should t mitors on the boats be paid for by the owners or the government so step one is has congress in the statute answert question. when we say no, everybody agrees that's not in the statute, then we say the agency can make that determination so long asdo so in a reasonable way. and the -- and courts sort of lice the boundaries of reasonableness, but whetr not the monitors are paid for is not really a lega
congress could have ides or no. there's nothing about law really inherently in the question should the monitors on the boats be paid for by the owners or t government. so step onas congress in the statute answered that question. whene y no, everybody agrees that's not in the statute, en we say the agency can make that determination so long as they do so in a reasonable way. , for example, here, the question iwhher or not monitors on the boats have to be paid for by the owr the boat. i see that...
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May 13, 2024
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. >> c-span celebrates 45 years of governing congress -- covering congress like no other. since 1969, we have provided balance, unfiltered coverage of government, taking you to where policies are debated and decided all with the support of america's cable company. c-span, 45 years and counting, powered by cable. >> a conversation on regulatory policy. our guest is a policy analyst at george washington university. good morning. host: a recent "wall street journal" headline. trump used a 1996 law to overturn obama-era regulations and biden aides hope to stop the republican from doing it again if he wins. the 1996 law that the "wall street journal" is referring to there is the congressional review act. what is it? why do we have it? guest: so the congressional review act was enacted in 1996 as a way for congress to retain oversight of federal regulation and so it's kind of an ex pabssive -- expansive law. it can cover any regulation, the broadest definition of regulation that we have, under the administrative procedure act. and so when regulations are disapproved using the c.
. >> c-span celebrates 45 years of governing congress -- covering congress like no other. since 1969, we have provided balance, unfiltered coverage of government, taking you to where policies are debated and decided all with the support of america's cable company. c-span, 45 years and counting, powered by cable. >> a conversation on regulatory policy. our guest is a policy analyst at george washington university. good morning. host: a recent "wall street journal" headline....
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Mar 18, 2024
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i don't think congressou do that. in the same way th cgress couldn't tell the president how to exercise the veto power or the pardon power, it can't tell courts how to do interpretation and to defer to someone else. justice ga thank you. chief justice roberts: justice gorsuch? justice gorsuch: do we have to dedehat constitutional question? martinez: i think it makes sense to decide the constitutional question. i thinyocould -- justice gorsuch: that wasn't -- do we ha t martinez: i think you could resolve this case undethapa, and we would ctaly welcome an -- an ieretation of the apa that comes out our way, especial iit's informed by constitutional avoidance principles that i think have a lot of salience here. justice gorsuch: are -- do anything in your argument suggest or depend upon thede that judges should make or decide policy qutis about ai or anything else? martinez: no. we -- aundred percent agree that judges should not do pocy. we just think that they should do law. anth's in -- chevron is about legal questions.
i don't think congressou do that. in the same way th cgress couldn't tell the president how to exercise the veto power or the pardon power, it can't tell courts how to do interpretation and to defer to someone else. justice ga thank you. chief justice roberts: justice gorsuch? justice gorsuch: do we have to dedehat constitutional question? martinez: i think it makes sense to decide the constitutional question. i thinyocould -- justice gorsuch: that wasn't -- do we ha t martinez: i think you...
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May 30, 2024
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, do things differently in congress. our committee did not sit with democrats on one side and republicans on the other, we staggered our seating. we sat on a big roundtable. we did something that was recommended by the committee, which was have joint staff. our services committee does that as well, i am not some may havee some clerk-type roles are bipartisan but we did not have staff with separate blue and red jerseys, just staf with congress jerseys. those changes were not cosmetic, they fundamentally changed how our committee worked. degree, i mentioned the scale issue, there is no guidebook on how to chair a committee. commerce past bipartisan legislation and to democrats and republicans selected a committee chair and we brought him in to see what some things you do to reppo -- to run an effective committee that gets back to skill. i will mention a few small things the modernization committee recommended that i think could help on the margins. they are not primary reform or campaign reform, just must -- but just a few
, do things differently in congress. our committee did not sit with democrats on one side and republicans on the other, we staggered our seating. we sat on a big roundtable. we did something that was recommended by the committee, which was have joint staff. our services committee does that as well, i am not some may havee some clerk-type roles are bipartisan but we did not have staff with separate blue and red jerseys, just staf with congress jerseys. those changes were not cosmetic, they...
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Feb 8, 2024
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neither are members of congress. so they can't be officers, either. >> how does article one section six fit into this discussion. officers being in the line of succession. >> you have to be an officer to be in the line of succession. we have a federal statute that puts the speaker in the line of succession. they're officers but not officers of the united states because they are not subject to impeachment and not appointed pursuant to article two. there is a gap between officers and officers of the united states reinforcing the idea that officers of the united states is a term of art not just to federal office holders but refers only to those appointed, not those elected. >> justice kavanaugh. >> understand how you use griffin's case again. section three refers to insurrection and raises questions about who decides what processes are to be used that's ratified in the 1868, the next year chief justice chase opines that states do not have the authority that only congress has the authority to enforce that. that could be
neither are members of congress. so they can't be officers, either. >> how does article one section six fit into this discussion. officers being in the line of succession. >> you have to be an officer to be in the line of succession. we have a federal statute that puts the speaker in the line of succession. they're officers but not officers of the united states because they are not subject to impeachment and not appointed pursuant to article two. there is a gap between officers and...
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Jan 7, 2024
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congress has done this under federalists and republicans. congress did act in 2001. they voted in the aftermath of 9/11 for a hastily worded authorization. but then the questions of oversight, and trying to hone it in, where congress -- and thereby think you can escape accountability. but if we're forcing men and women to risk their lives, what has gotten us to a place where congress seems willing to act? it has been 20 years of pain and lessons learned. you are talking about those in the panel today. those have been felt by members of congress, too. the trumpet strike on soleimani was pivotal because while it will supported the strike, the assertion that this was justified by the iraq authorization made people feel like, that wasn't what it what it was about it all. these authorizations are capable of abuse. one of the reasons we are here is biden. biden is not hostile to the notion. when i worked on this, they were not hostile, but they were not helpful. the trump administration was hostile to the idea of repealing aumf. people work on other things. biden was a 36-
congress has done this under federalists and republicans. congress did act in 2001. they voted in the aftermath of 9/11 for a hastily worded authorization. but then the questions of oversight, and trying to hone it in, where congress -- and thereby think you can escape accountability. but if we're forcing men and women to risk their lives, what has gotten us to a place where congress seems willing to act? it has been 20 years of pain and lessons learned. you are talking about those in the panel...
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Feb 8, 2024
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if it's outside the situation of congress, it would be whatever congress enacts, so when it was the writs of quo warranto, each federal prosecutor could seek his ouster from office under section 3, but it was still subject to that amnesty provision in section 3 of the 14th amendment. we do acknowledge the tension, but we don't think that's an insurmountable obstacle. >> see why there's tension, if you analogize the lifting by congress of the disqualification by a two-thirds vote to a pardon, then surely one would not argue that, the fact that the president or governor can pardon someone from a criminal conviction or a criminal offense means that the person couldn't be prosecuted in the first place for the criminal offense. >> that's right. >> right. >> yes. >> so i don't see what the tension is. they're two separate things. did the person engage in this activity which is prohibited, and second, even if the person did engage in the activity, are there reasons why the disqualification should be lifted or the pardon should be granted? >> that's right. if the court accepts the holding of grif
if it's outside the situation of congress, it would be whatever congress enacts, so when it was the writs of quo warranto, each federal prosecutor could seek his ouster from office under section 3, but it was still subject to that amnesty provision in section 3 of the 14th amendment. we do acknowledge the tension, but we don't think that's an insurmountable obstacle. >> see why there's tension, if you analogize the lifting by congress of the disqualification by a two-thirds vote to a...
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opinion is a fraud. congress has a fraud. it's a unit party fraud has really are daring real about running for a fraudulent the of you guys conglomerate all the he just got caught. okay. he just got caught. derick is we go into the election cycle now? i mean, this betrayal, i mean, particularly a, b, d, okay, base. okay. i mean, you can say a lot of things about donald trump and i've said good and bad on this program, but he didn't get us into a war and i credit him a lot for that bite and has more awards. now that we can count isn't it hasn't what the dean p o p u a b a is a betrayal of his candidacy. it was the 1st of all, i want to say that the, everything that the left wing media in america said donald trump was going to do is what barton is currently doing. i mean, that's literally what the, what the, what he's doing rather getting us in all these wars of all this, this chaos and as far as your samples, i wanted to quickly say, i do. this is conservative vote to as a conservative vote in congress. so you would not have i
opinion is a fraud. congress has a fraud. it's a unit party fraud has really are daring real about running for a fraudulent the of you guys conglomerate all the he just got caught. okay. he just got caught. derick is we go into the election cycle now? i mean, this betrayal, i mean, particularly a, b, d, okay, base. okay. i mean, you can say a lot of things about donald trump and i've said good and bad on this program, but he didn't get us into a war and i credit him a lot for that bite and has...
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Jan 1, 2024
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congress and only congress has the power to declare war even though the president may call for a declaration of war. and when the united states is involved in international agreements the senate is all important, for example the signature of our secretary of state to the united nations charter. had to be approved by a two-thirds majority of the senate. a clause in the constitution states that treaties are made by the president but only with the advice and consent of the senate. from the capital we went down pennsylvania avenue for a look at the white house. that's where the president lives. the white house represents the executive branch of the government. before he got through i could see why uncle jim said that the president has the biggest and toughest job in the world. yes, bill. the white house is both the home and office of the president. the president is chosen by the people through the electoral college. some of the presidents' duties are set by the constitution others are established by laws treaties president and public opinion. the president's main job is to take care of the law s
congress and only congress has the power to declare war even though the president may call for a declaration of war. and when the united states is involved in international agreements the senate is all important, for example the signature of our secretary of state to the united nations charter. had to be approved by a two-thirds majority of the senate. a clause in the constitution states that treaties are made by the president but only with the advice and consent of the senate. from the capital...
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well, i'd say democracy dies in congress. okay. i mean they, they, the republican base is adamant that they not do not want money. and an anti, it brings up the question that maybe we'll have an answer to what the hell happened to mike johnson. go ahead. the. oh, 1st of all, democracy, when you hear that term in america, you might as well just struck that out and say communism because that's what they're really meeting at the end of the day where a constitutional republic and they keep using that word democracy when they really just made communism. speaker johnson has really just been um, a complete uh sorry, a failure. he should have been vacated a long time ago. i wonder what kind of chaos that what it would have cause it really speaks volumes to the old saying that absolute power corrupts absolutely. because to our point, he is done on $0.18 as time as the congress meant to be coming. speaker, i wonder who has been in his ear. i wonder what kind of promises he's been given. it's very unfortunate right now because while congress
well, i'd say democracy dies in congress. okay. i mean they, they, the republican base is adamant that they not do not want money. and an anti, it brings up the question that maybe we'll have an answer to what the hell happened to mike johnson. go ahead. the. oh, 1st of all, democracy, when you hear that term in america, you might as well just struck that out and say communism because that's what they're really meeting at the end of the day where a constitutional republic and they keep using...
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Jan 18, 2024
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you know, chevron is problemat because it lets agencies say what congress intended or what congress's meaning was, as opposed to just saying what they emselves meant with the regulation that they themselves enac so i think the -- the kind of -- you know, the defencmakes more sense when you're deferring to the entity thaally created the provision in question as opposed to deferring to their interpretation of -- of a provision that was created by congress. i think, in addition, you know, chevron is not limo agency expertise. auer is limited to agency expe so auer is -- is narrower. and then, finally, iink there's a difference even with respect to the apa whe ihink the apa more clearly puts constitutional interetation and statutory interpretation on equal footing, and tght, ourt, e plurality in -- in kisor sort of emphasized that -- that the apa was enacted after seminole- a year after seminole rock, and so maybe that was a basis to think that -- that congress waok with something that looked like auer deference. but that's not true here. chevron came many years after e a. so i thire are
you know, chevron is problemat because it lets agencies say what congress intended or what congress's meaning was, as opposed to just saying what they emselves meant with the regulation that they themselves enac so i think the -- the kind of -- you know, the defencmakes more sense when you're deferring to the entity thaally created the provision in question as opposed to deferring to their interpretation of -- of a provision that was created by congress. i think, in addition, you know, chevron...
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Feb 11, 2024
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about the diminished congress, who or what has diminished congress, the answer is congress. congress had all of these powers we have talked about. they have given them up. they have chosen not to exercise them. at the end of the day, who's is to blame? we are. the. every two years, if we wanted to , we could throw out every member of the house and it would only take us six years to throw out every number of congress and yet we choose not to. host: to what degree do you think they are interested in getting some of that back? guest: i think at this point they are not interested in getting it back. there is a greater issue. let's say congress decides we do not like the extent to which the executive branch has all of these powers regarding national security. we are going to pass a law pulling it back. when those powers are given, when you give those powers over to the executive branch, that is an institutional incentive of the executive branch. compounding that is both parties are in constant pursuit of the white house. when they have the white house, they are in favor of using
about the diminished congress, who or what has diminished congress, the answer is congress. congress had all of these powers we have talked about. they have given them up. they have chosen not to exercise them. at the end of the day, who's is to blame? we are. the. every two years, if we wanted to , we could throw out every member of the house and it would only take us six years to throw out every number of congress and yet we choose not to. host: to what degree do you think they are interested...
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Jan 22, 2024
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congress could hid yes or no. there's nothing about law really inheren the question of should the monitors on the boats be paid fohe owners or the government. so step one is has congress in the statute answered that question. when we say no, everybody agre at's not in the statute, then we say the agency can mat determination so long as they do so in a reasonable way. and the -- arts sort of police the boundaries of reasonableness, but whether or not the rs are paid for is not really a legal question.on of whether or not the law allows ency to -- to force the monitors to be paid for by private indis i agree with you that whenn. congress -- justice jackson: b i't that the same question as to whether or- isn't that just another way of saying, can this policymination be made by the agency? martinez: no, i don't think so. k the difference is when the -- when the -- when the policymaker, whether it's congress or thcy, is sitting there and trying to figure out, like, what tt policy is, would the world be a better place i
congress could hid yes or no. there's nothing about law really inheren the question of should the monitors on the boats be paid fohe owners or the government. so step one is has congress in the statute answered that question. when we say no, everybody agre at's not in the statute, then we say the agency can mat determination so long as they do so in a reasonable way. and the -- arts sort of police the boundaries of reasonableness, but whether or not the rs are paid for is not really a legal...
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Feb 14, 2024
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dean of the congress. he's been a fighter for social security. speaking on afge for members, and on the oversight committee, he stands up every day against untruthful allegations by the majority. please welcome representative maxwell frost. >> thank you. how is everybody doing? what's disgusting? unionbusting. what's going on here? am i at the right rally? what's disgusting? >> unionbusting! >> hello, afge. it's a blessing to be here this morning. thank god it's not raining. this year, it's not raining and i want to first off thank you all so much for doing your jobs and doing a damn good job at that. and now we need congress to do the same, we need congress to do their jobs. we got this week, then we go home for a week, three more days, and then the government shuts down. i had heard zip from my republican colleagues on the plan from last week on how we will make sure you all stay in work and the government continues to function for the people which is why we were sent here in the first place. we cannot l
dean of the congress. he's been a fighter for social security. speaking on afge for members, and on the oversight committee, he stands up every day against untruthful allegations by the majority. please welcome representative maxwell frost. >> thank you. how is everybody doing? what's disgusting? unionbusting. what's going on here? am i at the right rally? what's disgusting? >> unionbusting! >> hello, afge. it's a blessing to be here this morning. thank god it's not raining....
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Apr 2, 2024
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to one party in congress. i would've thought they would affix the eviction moratorium. i could go on and on. they don't get addressed because chevron makes it so easy for them not to tackle the hard issues and forge a permanent solution. my friends on the other side also talked about this is great. it leads to uniformity in the law. i do nothing that is in itself. if it were up to me, if you think uniformity was so great let's have uniformity and the thumb on the scale of the side of citizen. the kind of uniformity that you get your chevron is something only the government can love. every court in the country has to agree on the current administration's view of a debatable statue. you don't get the kind of uniformity you actually want, a stable decision to assess this is what the statute means. >> mr. clement, can asked the same question i asked mr. martinez about why chevron was initially popular? people who were very sophisticated and had a deep understanding of how judges decide what a statute means and a d
to one party in congress. i would've thought they would affix the eviction moratorium. i could go on and on. they don't get addressed because chevron makes it so easy for them not to tackle the hard issues and forge a permanent solution. my friends on the other side also talked about this is great. it leads to uniformity in the law. i do nothing that is in itself. if it were up to me, if you think uniformity was so great let's have uniformity and the thumb on the scale of the side of citizen....
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Feb 3, 2024
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not so far backk congress taxed from the ratification congress tax gains and profits of oil companies whether incorporated or partnerships and estimated the annual gains of profits or inme of any person entitled to the same whether divided or undivided. in 1913 just eight months after theatification of the6t amendment congress include o distributed corporate earnings to certain shareholders. tried to distinguish all these things but i come back to t main point. both sides can point to coressional actions that tax some realize income. some didn' tax on relates unread inco b we have examples of congress taxing unrealized income. why don't i take the plain text of theai amendment does not make reree to realization? >> are two central features of the text ofhe amendments that reflect it does apply only to realize gains. the first is simply the use of the word income outpu equally the ma caprice filed by t professors of law and linguistics which analyzes the use ofncomen it. tax for. >> as io back, all this goes back-and-forth the government has other definitions. we are back at square one
not so far backk congress taxed from the ratification congress tax gains and profits of oil companies whether incorporated or partnerships and estimated the annual gains of profits or inme of any person entitled to the same whether divided or undivided. in 1913 just eight months after theatification of the6t amendment congress include o distributed corporate earnings to certain shareholders. tried to distinguish all these things but i come back to t main point. both sides can point to...
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Feb 17, 2024
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we see how difficult it is for the congress to deal with the assistance — is for the congress to deal with the assistance to ukraine. could you please _ assistance to ukraine. could you please elaborate on why such a vital issue _ please elaborate on why such a vital issue has— please elaborate on why such a vital issue has been so postponed and whether— issue has been so postponed and whether the united states has a plan b should _ whether the united states has a plan b should the house of representatives not confirm the assistance package to ukraine? and also the _ assistance package to ukraine? and also the question regarding the signature to ukraine on bilateral agreements with the uk, france and germany, _ agreements with the uk, france and germany, when the agreement and cooperation in the security field will he — cooperation in the security field will be signed between ukraine and the united states of america, perhaps— the united states of america, perhaps there are already preliminary negotiations on this topic _ preliminary negotiations on this to - ic. , preliminary
we see how difficult it is for the congress to deal with the assistance — is for the congress to deal with the assistance to ukraine. could you please _ assistance to ukraine. could you please elaborate on why such a vital issue _ please elaborate on why such a vital issue has— please elaborate on why such a vital issue has been so postponed and whether— issue has been so postponed and whether the united states has a plan b should _ whether the united states has a plan b should the house...
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Feb 9, 2024
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whatever congress enacts. each federalrocutor had the authority to bringherit against an incumbent official and seek his oter from office under section three but it was still subject to the amnesty ovision in section three of the 14th amendment. we acknowledge the tension but do not think it is an insurmountable obstacle. >> if you woulogize the lifting by congress of the disqualification by a two thirds vote to a pardonth surely we woulno argue that the fact that the president or governor can pardon someone from a criminal conviction or a criminal offense meaning the person could not be prosecuted in the first place for the criminal offense. mrmihell: that is right. >> i don't see the tension, there are two separate things. did the person engage inhe act? and even if the person did, are there reasons the disqualification should be lifted or the pardon should be granted? . mitchell: if the court accepts the griffin's case that would be theidng that we have. chief justice roberts: i don't know if there is a lim
whatever congress enacts. each federalrocutor had the authority to bringherit against an incumbent official and seek his oter from office under section three but it was still subject to the amnesty ovision in section three of the 14th amendment. we acknowledge the tension but do not think it is an insurmountable obstacle. >> if you woulogize the lifting by congress of the disqualification by a two thirds vote to a pardonth surely we woulno argue that the fact that the president or...
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Apr 9, 2024
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in briefing congress. we go to the relevant oversight committees, we make sure that they are aware of ongoing transfers above the statutory threshold. even ones that they approved a long time ago. and even when there's no requirement that there be additional notice or additional approval of any kind. we've been focused on trying to make sure that october 7 can never happen again. but having said that, the security relationship we have with israel is not just about gaza, hamas, october 7. it's also about the threats posed to israel by hezbollah, by iran, by various other actors in the region. each one of which has vowed one way or another to try and destroy israel. so the weapons, the systems that israel has sought to acquire and as i said have been contracted in many cases for many years goes to self-defense. they go to deterrence trying to avoid more conflict. host: that's the defense from the secretary of state, what do you think of that offense? guest: i think there's a lot of weaknesses there. first of
in briefing congress. we go to the relevant oversight committees, we make sure that they are aware of ongoing transfers above the statutory threshold. even ones that they approved a long time ago. and even when there's no requirement that there be additional notice or additional approval of any kind. we've been focused on trying to make sure that october 7 can never happen again. but having said that, the security relationship we have with israel is not just about gaza, hamas, october 7. it's...
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Jan 11, 2024
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mayorkas refused to comply with congress's appropriation, refused to build barrier systems, as congress said, as they will the people, power of the purse. .3, detection section 235 be one of the integration and nationality act outlines the procedures by which aliens attempting to get into the united states without a visa or proper immigration papers are detained and removed. several million illegal aliens who should've been detained and deported. question, mr. bowman, you've been invited by the democrats to provide your advice as a professor. you said that the impeachment of mayorkas needs to be based on not policy differences but it has to be, quote,, it has to be subversion of the constitution. another quote from you, from a legal enzor serious offenses. is that correct? yes or no that you said this statements? has to be subversion of the constitution, yes or no? >> sorry, could you repeat that? >> you said it, it's on record. i need to watch my time and move on through this. through the attorney general's in the room, is not administering the laws of the land a serious offense for il
mayorkas refused to comply with congress's appropriation, refused to build barrier systems, as congress said, as they will the people, power of the purse. .3, detection section 235 be one of the integration and nationality act outlines the procedures by which aliens attempting to get into the united states without a visa or proper immigration papers are detained and removed. several million illegal aliens who should've been detained and deported. question, mr. bowman, you've been invited by the...
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Feb 7, 2024
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guest: a president has to notify congress but is up to congress to authorize that. the question is are we at the situation where we are going to war or not? the question has been looking at the middle east. our concern is it appears to be a widening conflict outside of gaza and many of us who warned that -- many of us warned that early on. part of a reason why i think it blake check to netanyahu -- a blank check to nanda who's administration -- netanyahu's administration is the chance of young americans being called there. that is why we have the authorization according to the constitution and i want to be using it sparingly when it is in the u.s. interest. host: james, democrat. good morning. caller: i would like to ask a couple of questions about the bill on migration. senator murphy himself said the border never causes -- never closes. i would like to ask you to explain why a bill prevents the federal government from using the limitation be put on it of 1400 for only 270 days in the first year, 220 five days in the second year and 180 days in the third year? that
guest: a president has to notify congress but is up to congress to authorize that. the question is are we at the situation where we are going to war or not? the question has been looking at the middle east. our concern is it appears to be a widening conflict outside of gaza and many of us who warned that -- many of us warned that early on. part of a reason why i think it blake check to netanyahu -- a blank check to nanda who's administration -- netanyahu's administration is the chance of young...
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Jan 15, 2024
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members of the congress. i have the great pleasure, the high privilege and a distinct and personal honor of presenting to you the president of the states. thank you. mr. speaker. mr. president, my colleagues in, the congress, our distinguished guests, my fellow americans who address the joint session of the congress in this great chamber, in which i was once privileged to serve, is an honor for which i am deeply grateful. the state of the union address is an occasion for a lengthy, detailed account by the president of what has accomplished in the past what he the congress to do in the future and in an election year to lay the basis for, the political issues which might be decisive in the fall. occasionally there comes a time when profound and, far reaching events come in a break with tradition. this is such a time. i say this not only because 1970 marks the beginning of a new decade in which america will celebrate its 200th birthday. i say it because new knowledge and hard experience argue persuasively that b
members of the congress. i have the great pleasure, the high privilege and a distinct and personal honor of presenting to you the president of the states. thank you. mr. speaker. mr. president, my colleagues in, the congress, our distinguished guests, my fellow americans who address the joint session of the congress in this great chamber, in which i was once privileged to serve, is an honor for which i am deeply grateful. the state of the union address is an occasion for a lengthy, detailed...
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Feb 17, 2024
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ce congress cannot find direction. >> if we want to talk about what congress wants we probably should advert to the fact that we do have an amicus briefing in this case from the house. it does not want chevron. >> it has total ntl over chevron. it can reverse it tomorrow with respect to any tur statute and with respect to at generally and it hasn't. for 40 years it has exceeded except for super recases. it has basically said this is the background rule. it gives us a default rule from which to write statute. we have ce -- accepted. >> i am not sure everybody in congress wants to overrule chevron. >> everybody in congress doesn't want to do everything. >> it is really can be for some meerof congress and not have to tackle on the hard questions and allow for thr friends to get them everything they want. evenifcongress did it, the president would be to. i think the third prlem, even more problematic, you get back to that fundamenta premise of chevron th wn there is silence or ambiguity we kw e agency wanted to delegated -- delegate to the agency it is ficon and in a particular way. it as
ce congress cannot find direction. >> if we want to talk about what congress wants we probably should advert to the fact that we do have an amicus briefing in this case from the house. it does not want chevron. >> it has total ntl over chevron. it can reverse it tomorrow with respect to any tur statute and with respect to at generally and it hasn't. for 40 years it has exceeded except for super recases. it has basically said this is the background rule. it gives us a default rule...
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Apr 17, 2024
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congress has been writing on a blank slate. it is not like it just -- that was taken out of the ether. that was a well-established term for instruction law. when congress takes a phrase like that, it brings soil with it. congress has clearly not this court and the records have interpreted those other statutes to encompass the full range of obstructive conduct. that is consistent with our president i mentioned to you earlier. i think when you put it altogether, there is no real ended with here. we clearly have the best meeting. the icing on the cake is that if congress wanted to write a statute that focused only on evidence, there was a clear and obvious way to do it. congress could have just tacked on a residual that said it otherwise impaired evidence. it would not have used the term that had a well-settled meeting more broadly to try to convey that type of limited scope. it would be nonsensical for congress to draft that way because it would be so readily misunderstood. every lower court has understood congress to legislate m
congress has been writing on a blank slate. it is not like it just -- that was taken out of the ether. that was a well-established term for instruction law. when congress takes a phrase like that, it brings soil with it. congress has clearly not this court and the records have interpreted those other statutes to encompass the full range of obstructive conduct. that is consistent with our president i mentioned to you earlier. i think when you put it altogether, there is no real ended with here....
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May 19, 2024
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it's the congress that's that that authorizes the spending of not one dime can be spent unless congress appropriates the money for that activity. so congress has to have a role in foreign policy and in defense, and yet we've had president after president resisting congress's efforts to insert itself into decision making and to resist giving a full accounting and, being fully cooperative with oversight efforts. so you know that the iran-contra scandal and the investigations that followed were really a dramatic laying out of this conflict. and it's rare that public gets such a window into these machinations and these conflicts. did the public share the media's obsession with the iran contra affair? well, certainly for a while in the summer of 1987, i can just be personally, i was i was a college student and i had been been backpacking through europe and having, you know, pretty good time explore in a place i'd never been before. and i came back home in in june of 87, and these hearings were beginning. and i was like a lot of other people just wrapped, you know, with with these hearings an
it's the congress that's that that authorizes the spending of not one dime can be spent unless congress appropriates the money for that activity. so congress has to have a role in foreign policy and in defense, and yet we've had president after president resisting congress's efforts to insert itself into decision making and to resist giving a full accounting and, being fully cooperative with oversight efforts. so you know that the iran-contra scandal and the investigations that followed were...
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Mar 4, 2024
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guest: kick in after april if congress failed to pass congress already has technically kind of triggered the it just hasn't taken effect yet. there's also a lot of confusion as that would take effect if they were to do something like a year-loto bill which isn't really possible but is something that conservatives wanted. that is different w after april 30. but how me is it would take us across the board and it would be kind of indiscrimat it's not like if you work for the education department i'm god decide how this is going. , it would be program by program but there are still a lot of diffe around how this cut would be implemented if they were to come to more deadlines, that potential for 1% across the board cut. what does it all mean politically for speaker johnson right now? guest: people talk to conservatives even about this, he is doing the best job he can right now. the bells that are coming out are more in linethat is in linet was already brokered byand kevi. i think after a certain point people feel like the writing is already on the wall. m>some conservatives have alreay writte
guest: kick in after april if congress failed to pass congress already has technically kind of triggered the it just hasn't taken effect yet. there's also a lot of confusion as that would take effect if they were to do something like a year-loto bill which isn't really possible but is something that conservatives wanted. that is different w after april 30. but how me is it would take us across the board and it would be kind of indiscrimat it's not like if you work for the education department...
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Jan 26, 2024
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congress has been aware. it can change chevron at any me it can displace if you think that is being used in a situation not warranted. justice roberts: ste kavanaugh. stice kavanaugh: i think the other side's argument suggests the basic analytical concern at the heart of chevron is att treats law as policy. and if that is antithetical to our constitutional structure and e rule of law. and that is why the footnote nine question is so important. because if you use the traditional tools in a nonagency case and g aanswer that suggests it is a statutory inrptation question. and you are saying, no, you can op short of that in an agency case in some difficult to find -- dinpoint and treat the rest of the case aa licy call for the executive branch. and that is treating what was a law question in anonency case as a policy question in an agency case, and it is the se question. so it is transforming lain policy. and that is very difficult, i think, to accept, ifouccept the idea that a premise of the rule of law is that
congress has been aware. it can change chevron at any me it can displace if you think that is being used in a situation not warranted. justice roberts: ste kavanaugh. stice kavanaugh: i think the other side's argument suggests the basic analytical concern at the heart of chevron is att treats law as policy. and if that is antithetical to our constitutional structure and e rule of law. and that is why the footnote nine question is so important. because if you use the traditional tools in a...
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May 20, 2024
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on, it's not even a crime to lie to congress because it's schumer. that lady it as well as speaking half the truth about the republicans. host: what are you referring to? caller: what you mean? host: about schumer. caller: he introduced a bill last week that from now on, it's not a crime to lie to congress. no matter what biden does or his son does congress, there is nothing they can do about it. host: are you fiathis guest: i'm not entirely sure at about in terms of lying to congress. it is a crime. we've seen several witnesses before congressional committees be rebuked for lying to congress so i'm not sure ofha referring to there. host: vincent, ohio, democratic caller. caller: yes, michellemsl. do you know wh conductivity for? i got an email from both j.d. vance and sherrod brown back in april saying they were still working on called one of the oes yes they were. i company that i go through h said they've given me the deadline of the 22nd of this month. have you heard any? guest: there has been some chatter i believe is the american conductivity p
on, it's not even a crime to lie to congress because it's schumer. that lady it as well as speaking half the truth about the republicans. host: what are you referring to? caller: what you mean? host: about schumer. caller: he introduced a bill last week that from now on, it's not a crime to lie to congress. no matter what biden does or his son does congress, there is nothing they can do about it. host: are you fiathis guest: i'm not entirely sure at about in terms of lying to congress. it is a...
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May 13, 2024
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once an agency issues a regulation and it's reported to congress, then congress has about 60 days to take action, give or take recess days. but then there's also the lookback period which is the end of a session of congress, the last 60 working days of the session, whether that's legislative days in the house or session days in the senate, congress can review those rules that are issued during that period in the subsequent session of congress. so those kind of have a grace period to give congress its full 60 days of review. so that's why the c.r.a. is particularly potent during these political transitions that we've been talking about. host: for that time frame for how long you can do this, take us to what generally happens at the end of an administration or the final year of a potential administration that may not be re-elected in the beginning of an administration. specifically, coming back to that "wall street journal" headline, biden is racing to trump-proof his agenda. what is he trying to do here? guest: so as i just talked about, the lookback period. that period, those regulat
once an agency issues a regulation and it's reported to congress, then congress has about 60 days to take action, give or take recess days. but then there's also the lookback period which is the end of a session of congress, the last 60 working days of the session, whether that's legislative days in the house or session days in the senate, congress can review those rules that are issued during that period in the subsequent session of congress. so those kind of have a grace period to give...
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Jan 18, 2024
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chevn about what congress want. you can call it fictional al you want, and we have lots of presumptions that operate with respect to statutory interpretation. iss just one of them. it is stsaying congress understands as well as ybody different institutional's compariv attributes and virtues. not want courts making, i mean it is law, but it is policy laden judgments. once congress cannot find direction. >> if we want to ta about what congress wants we probably should advert to thfa that we do have an amicus briefing in this case fromthe house. it does not want chevron. it hatotal control over chevron. it can reverse itomrow with respect to any titular statute d th respect tostatue generally and it hasn't. for 40 years "■nit has exceeded except for super rare cases. it has basically said this is the background rule. it gives us a default rule from which to write statute. we ve except -- acpted. >> i am not sure everybody in congress was to overrule chevron. >> everybody in congress doesn't want to do everhi. >> it i
chevn about what congress want. you can call it fictional al you want, and we have lots of presumptions that operate with respect to statutory interpretation. iss just one of them. it is stsaying congress understands as well as ybody different institutional's compariv attributes and virtues. not want courts making, i mean it is law, but it is policy laden judgments. once congress cannot find direction. >> if we want to ta about what congress wants we probably should advert to thfa that we...
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Jan 26, 2024
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issue to on party in congress. i wld have thohthey would have fixed the eviction moratorium. i could go on and on on these issues, ty don't get addressed because chevron makes it so easy for them not to tackle the hard issues and foe a permanent solution. my friends on t oer side talk about this is great because it leads to uniformity inhe law. i don't think that is in and of itself, if it were up tme if uniformity is so great, let's have uniformity and the thumb on the scale on the side of the citizen but the reality is the unormity we get under chevron is something only the government could love because every court in the country has to agree on t crent administration's view of a debatable statute. you don't get the kind of uniformity you actually want which is atae decision that says this is what st means. >> same question i asked mr. martin is about why chevron was iniay popular, people who re very sophisticated and had a deep understanding of how judges decide what statute means d ep understanding o how admini
issue to on party in congress. i wld have thohthey would have fixed the eviction moratorium. i could go on and on on these issues, ty don't get addressed because chevron makes it so easy for them not to tackle the hard issues and foe a permanent solution. my friends on t oer side talk about this is great because it leads to uniformity inhe law. i don't think that is in and of itself, if it were up tme if uniformity is so great, let's have uniformity and the thumb on the scale on the side of the...
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Jun 2, 2024
06/24
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trying to fix congress from within. which is harder than trying to fix it from the outside. >> thanks. i want to start by echoing the comment about scheduling, the calendar. pre-covid, the house was in session 66 travel days 55 full days. by and large committees don't meet on travel days. the average member's done 5.4 committees and subcommittees. so you are packing all those committee meetings into the 55 fullere. the mass does not work -- the math does not work. jumping from committee to committee, parachuting in to give a five-minute spiel and running to your next committee. that is for legislating and relationship development. you are not there to hear the ideas of your colleagues or defend your ideas just give a speech that you can then throw up on social media. the only way to fix the math, two things the modernization committee proposed and one thing that we did not -- the one we didn't is you could reduce the number of committees people serve on. we did not recommend that. we did recommend that there should not
trying to fix congress from within. which is harder than trying to fix it from the outside. >> thanks. i want to start by echoing the comment about scheduling, the calendar. pre-covid, the house was in session 66 travel days 55 full days. by and large committees don't meet on travel days. the average member's done 5.4 committees and subcommittees. so you are packing all those committee meetings into the 55 fullere. the mass does not work -- the math does not work. jumping from committee...
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May 20, 2024
05/24
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it's the congress that's that that authorizes the spending of not one dime can be spent unless congress appropriates the money for that activity. so congress has to have a role in foreign policy and in defense, and yet we've had president after president resisting congress's efforts to insert itself into decision making and to resist giving a full accounting and, being fully cooperative with oversight efforts. so you know that the iran-contra scandal and the investigations that followed were really a dramatic laying out of this conflict. and it's rare that public gets such a window into these machinations and these conflicts. did the public share the media's obsession with the iran contra affair? well, certainly for a while in the summer of 1987, i can just be personally, i was i was a college student and i had been been backpacking through europe and having, you know, pretty good time explore in a place i'd never been before. and i came back home in in june of 87, and these hearings were beginning. and i was like a lot of other people just wrapped, you know, with with these hearings an
it's the congress that's that that authorizes the spending of not one dime can be spent unless congress appropriates the money for that activity. so congress has to have a role in foreign policy and in defense, and yet we've had president after president resisting congress's efforts to insert itself into decision making and to resist giving a full accounting and, being fully cooperative with oversight efforts. so you know that the iran-contra scandal and the investigations that followed were...