Blog 4.3: Civil Rights

1. What question will be added to the Census in 2020?

It will ask every American household to record which members of the family are US citizens.

2. How does the government justify this addition?

Asking about citizenship provides more info about who is in the US

3. Why do people have a problem with this addition?

People think Trump administration will use it to take US back to pre-civil rights era and that it will scare away immigrants from filing mandatory surveys. 

4. Why is it important to states that the undocumented immigrants that live there answer the Census?

If they don't answer, it'll skew the data, making congressional apportionments and allocation of federal funding for the next decade also skewed. 

5. What limit is put on the Census bureau to prevent the problems people are concerned about?

Census cannot share information.

6. How are both critics of Trump and the Trump administration technically correct about this particular question on the Census?

Trump administration wants to add the question saying that there's been a citizenship on every recent census except 1950, but critics say that the administration is reinstating something that hasn't existed since 1950.

7. What does the Dept of Justice say is the reason it needs this citizenship information?

To appropriately enforce the Voting Rights Act in order to accurately distinguish citizens from noncitizens.

8. How is Congress's power of the purse affecting the Census?

Congress can choose to decrease funding for the Census Bureau, preventing it from conducting full tests.

9. If the Census won't actually share information, why do Democrats care if this question is included?

They're worried that it will give federal govt information needed to apportion congressional seats based on citizens vs people. It could encourage state efforts to gerrymander based on citizen population. Many Latinos will worry too much that their information will be sent to ICE.

10. How does this article explain the actual ground work of the Census happens? (How do they actually count people?)

The census is distributed by mail and then by sending representatives house to house. Sometimes, reps try to get info from neighbors

11. What groups have been undercounted in past attempts at the Census?

Latinos, African Americans (especially African American men)

12. Why is it strange that a question is being added this close to the administration of the actual Census?

Usually, census questions go through lengthy pretesting processes, but the 2020 census is way past the development stage. 

Blog 4.2: Due Process

1.  Why does Shira Scheindlin argue that due process rights for men like Rob Porter have not been violated?

When it comes to losing a job, accusations are evaluated by the employer and there is nothing wrong with that. These people have not lost due process, a process of charges, proof, and judicial decision in a case of life or liberty.

2.  How does she describe the steps in the process when a legal action is brought against a person?

Pretrial discovery, witnesses, judicial proceeding. If a person feels wronged, he can bring a case in court where he would have to show that he was wrongfully terminated.

3.  What "two prongs" of due process does Andrea Curcio identify?

The government can't charge you with a crime or take other action against you without notifying you of the charges or proposed action. You must be given the opportunity to present your side of the story to a neutral fact-finder before action is taken. 

4. How does due process impact the person accused of a crime?

Due process doesn't mean you have to be believed it just means that you have the right to be heard. So when you are accused of a crime, there is no law saying that as a result of your actions you can't be fired.

5.  What does Alexandra Lahav say is the role of a journalist in terms of due process?

A journalist is supposed to hear both sides and seek confirmation from them and solicit a response from the accused.

6. How does Michael Meltsner argue that due process is different as a legal process and a cultural process?

It evokes the right of an individual to be heard before the imposition of punishment or penalties by the government. 

7. How does Jonathan Turley describe the way that Roy Moore used the term "due process"?

Roy Moore used due process as a way of avoiding a question of serious misconduct. 

8. What does Sergio Campos say that the Court has required of the government because of the due process clause?

They look at the government's interest, including the function involved and fiscal and administrative burdens that the additional procedural requirement would entail. 

9. How does Jay Tidmarsh describe the difference between substantive due process and procedural due process?

Procedural due process requires the government to observe certain procedural protections before depriviing a person of life, liberty, or property. He described substantive due process with Roe v Wade: when a judge is labeled activist, we assume he believes in a broader rendering of substantive due process rights.

Blog 4.1: Midterm Predictions

1. Why was it strange for the Democratic candidate to win in the Pennsylvania district?

Previously, Democrats had a pattern of low-turnout elections. 

2. On the chart, what is "Democratic swing"?

Democratic swing is the difference between the special election result and the district's partisan lean. 

3. Which special elections so far have had the largest Democratic swing?

Alabama U.S. Senate, Pensylvania 18th, and Kansas 4th

4. How is the generic ballot polling different from the results so far in these special elections?

In the generic congressional ballot, Republicans trail Democrats by only 8 or 9 percentage points, but in special elections, Democrats overperform by 16-17 points.

5. What is the difference in the Republican and Democratic levels of interest in the mid term elections?

Democrats have a higher degree of interest than Republicans by roughly 6%. 

6. What steps had Republicans taken to try to defeat Connor Lamb in the Pennsylvania district?

Republicans dumped millions of dollars to hold PA's 18th District but failed. 

7. What has happened to President Trump's approval ratings this year?

They have increased by a few points. 

8. What do you think that indicates about voters' attitudes towards Republicans?

Voters are warming up to Trump and Trumpism, but that won't matter because Republicans are still in hot water. 

Blog 3.5: Trump and Circuit Courts

1. Where do the district court and appellate court fit into the organization of the federal courts?

District court is the trial court within a circuit and appellate courts are the second level courts which oversee all individual districts.

2. What makes the 9th Circuit stand out from the other circuit courts?

It is a liberal outlier court that is the largest federal appellate court. 

3. What historical cause may make this Circuit Court more liberal than others?

Its reputation is derived from its transformation under President Jimmy Carter, who appointed some of the most liberal judges to positions. 

4. Give two examples of very liberal decisions that have come from judges on this court.

Struck down CA's same-sex marriage ban; the Pledge "under God" is an unconstitutional endorsement of religion. 

5. What happens to most appellate court decisions when they reach the Supreme Court?

Most rulings that make it to the Supreme Court are overturned.

6. Which Circuit Courts are overturned more often than the 9th Circuit?
6th and 11th circuits

7. Does the ideology of the court impact how often the Supreme Court overturns their rulings?  How do we know?
The reversal rate doesn't have much to do with ideology.The lowest reversal rate is by a fairly moderate court and second place is a liberal and conservative court.

Blog 3.4: RIP EPA

1. What are the disadvantages for Scott Pruitt of using rule making?

By stalling, Pruitt shifts policy. Delaying decisions and implementation allow industries to be relieved of environmental rules, resulting in negative effects on health.

2. How has the enforcement of environmental regulations changed from the Obama Administration to the Trump Administration?

Environmental law enforcement has declined. By September, the Trump administration launched 30% fewer cases and collected 60% fewer fines than Obama. 

3. What change has Pruitt made to the process for investigating potential violations of environmental regulations?

EPA's enforcement division has to get approval from HQ before investigating potential violations. 

4. How many environmental regulations has Pruitt removed?

19 

5. Why are some people critical of having so many environmental regulations?

Critics say that continuing to make many regulations are reaching diminishing returns, costing people more to comply with them.

6. How have the courts limited Pruitt's plans?

Court's have blocked the EPA/s efforts to suspend rules on methane emissions and denied them more time to research lead paint. 

7. What are state governments doing to try to limit Pruitt's plans?

States are suing EPA for failing to expand ozone regulations and failing to control air pollution. 

8. How is the Senate working to try to limit Pruitt's plans?

The Democratic Senators are planning to grill Pruitt and put together their agenda for the EPA in the event they get control of the chamber in the fall. 

Blog 3.3: Quick Shut Down

1. What action (or lack of action) caused the government shut down?

Congress wasn't able to pass a new government funding law before the old one expired.

2. In a shutdown, which government functions continue? Which ones stop?

Continue: military and law enforcement, social security, air traffic controllers

Stop: "nonessential" federal nonmilitary employees

3. How were Democrats able to force Republicans to address the DACA issue?

Democrat votes are needed to fund the government. 

4. Why were some Democrats eager to end the shut down so quickly?

They worry that keeping the govt shut down on behalf of unauthorized immigrants is a political loser. Also, their extremist actions reflect badly on them and will affect their mid-year elections negatively.

5. In the funding agreement, what changes were made to Children's Health Insurance Program?

Its funding will be safe for the next 6 years. 

6. What promises did Democrats get from the Senate Majority Leader?

He promised to vote on a bill to address their status on DACA.

7. Why was this shutdown seen as a "loss" for Democrats?

Democrats' supporters, especially immigrant activists, are beginning to trust Democrats less. They are more skeptical that Democrats will do the right thing.

8. Why was this shutdown seen as a "win" for President Trump?

He got the government to reopen without giving up anything. 

9.  What % of Democrats blame President Trump for the shut down?

62%

10. What % of Republicans blame Democrats for the shut down?

85%

Blog 3.2: 25th Amendment

1.  If the vice president and majority of the cabinet decide the president is unable to discharge the powers and duties of his office, what step do they take first?

They must put their concerns into writing and send it to the speaker of the House and the Senate's president pro tem.

2. How many people does it take to make the vice president the acting president?

9: one VP and any 8 Cabinet members. 

3. What happens if the president disagrees with the VP & cabinet?

It would be up to Congress to settle the matter with a vote: 2/3 majority in both houses is necessary to keep the VP in charge. 

4. What event led to the passage of the 25th Amendment?

JFK's assassination

5. Prior to the 25th Amendment, what happened if the VP office was vacant?

The President nominates someone and both Houses of Congress take a vote. 

6. Which part of Section 4 of the 25th Amendment is still vague, or open to interpretation?

There is no elaboration on what it would mean for the president to be "unable to discharge the powers and duties of his office."

7. Why is this unlikely to allow a coup to overthrow the president?

There is no precedent for a coup occurring. Since the Cabinet and VP (people closest to the president) are in charge of the process, it is unlikely they would kick the president out of power.