AP American Government

The Dysfunctional Congress

 

Do yourself the favor of reading this insightful article by John Aloyisius Farrell, who examines the polarized, dysfunctional U.S. Congress -- an institution at odds with its constitutional heritage and with the nation it is said to represent.

 

The Benefits of a Gap Year

 

Gareth Cook has an interesting op-ed piece in this morning's Boston Sunday Globe about the benefits many students can gain from taking a "gap year" or "bridge year" between high school and college -- a great opportunity to gain some maturity and perspective.

 

Losing a Moderate Voice of Reason

What a shame that one of the few sensible people left in the United States Senate has chosen to retire. Olympia Snowe, Republican from Maine, offered this brief explanation in an op-ed piece in yesterday'sWashington Post.

The flavor:

Some people were surprised by my conclusion, yet I have spoken on the floor of the Senate for years about the dysfunction and political polarization in the institution. Simply put, the Senate is not living up to what the Founding Fathers envisioned.

 

Do "Damages" Include Emotional Distress?

Here's an interesting article about a case the Supreme Court heard on Wednesday involving an airline pilot whose H.I.V. status was disclosed in violation of a federal law that protects private information.  A key question before the court was whether the pilot could sue because of the emotional distress he had suffered from the disclosure, even though he had not suffered any monetary damages.  

More Items to Read about the Courts

In the previous four or five posts, I provided links to news articles I want you to read about the workings of the courts in the American system.  Here are a few more:

 

A federal district court judge in New York has rejected a proposed settlement between Citigroup and the federal Securities and Exchange Commission.  This is an interesting case where a federal judge is trying to tread "the line between the deference that judges are supposed to show to regulatory agencies while also ensuring that the court does not simply rubber-stamp decisions."  Read about it here. 

 

There is a lot of interest in having oral arguments before the Supreme Court televised as a way of educating the public about important issues (such as the constitutionality of the Obama health care law) and showing the thoughtful workings of America's highest court.  But the idea of televising Supreme Court proceedings has been raised many times before and arouses considerable opposition, including from some of the justices themselves.  Read about it here.

 

On Monday the U.S. Supreme Court heard oral arguments in a case involving telemarketing abuses.  The interesting question involved had to do with the appropriate jurisdiction of such cases.  Read about it here.  

 

Questions are being raised about the political leanings of two justices of the U.S. Supreme Court -- Justice Clarence Thomas and Justice Elena Kagan -- and whether their political views should disqualify them from being allowed to participate in the upcoming Supreme Court case about the constitutionality of the Obama health-care law. Some liberals believe that Justice Thomas's impartiality is compromised by the intense political involvement of his wife, Virginia Thomas, in conservative causes.  Some conservatives believe that Justice Kagan should recuse herself from the case because of possible conflicts of interest stemming from involvement she may have had through her previous position (U.S. Solicitor General) in litigation involving health care.  Read about it here.  UPDATE:  See this New York Times editorial on the Supreme Court's "recusal problem."

Role of the ABA in Rating Judicial Nominees

Next week, we'll begion talking about the process (and politics) of selecting nominees for federal judgeships.  Today's New York Times carried an article by Charlie Savage on the role that ratings by the American Bar Association play in such nominations. Please read.

Supreme Court to Decide "Obamacare" Health Case

As we recently discussed in class, the Supreme Court has agreed to consider a case challenging the so-called Obamacare health-reform law.  See here.  We'll be following this in the weeks and months to come.

Amicus Briefs

Among the topics we'll be discussing in the next two weeks is the filing of amicus curiae briefs in cases before the Supreme Court.  See this article, detailing a law professor's concern that there are too many such briefs inundating the Court these days.

Getting Serious About Governing

See Peggy Noonan's column in last Saturday's Wall Street Journal.

Criminal Cases Impede Civil Suits

Next week we will begin our study of the federal judiciary. Here's an interesting article from the Wall Street Journal about the crush of criminal cases in the federal courts and how they're blocking civil suits from getting a hearing.