4.2 Struggles in the Government

"The Failure of the Republican health care bill reveals a party unready to govern" 

1. How has Trump impacted the timeline for Republicans to get a repeal & replace bill for Obamacare passed?

Paul Ryan spent months promising to repeal and replace Obamacare, but Donald Trump did not endorse it properly and was impatient. After just 20 days, Trump was tired of the cumbersome process and demanded it to end.

2. What did Trump and Ryan do to attempt to place the blame on Democratic congressmen?
They are calling out Democrats for not voting on it, yet neither actually attempted to persuade them over.

3. How do Trump & Ryan predict voters will see the failures of Obamacare, if the program gets worse?
Trump thinks that Obamacare will "explode," and when that happens, Democrats will be more willing to work with them.

4. Why was it so easy for Republicans to criticize Obamacare under Obama's presidency?
Republicans could selectively immerse themselves in biased news that only exaggerated or made up news about the act's shortcomings while ignoring its successes or details. It was easy to make promises when they did not have the ability to actually try to implement them, because actual making of the policy is complicated and slow.

5. What are the results of Republicans deciding to never compromise any policy principals under Obama's presidency?
If they never learn to compromise, they will suffer legislative defeats like that of the American Health Care Act for all on their agenda. 

"Is the White House Blaming Paul Ryan for the Failed Health Care Bill?"

6. How is Trump using Twitter as the "bully pulpit"?
After the failure of the health care bill, Trump told his followers to watch Fox News on the night that anchorwoman Jeanine Pirro called out Ryan to step down, indirectly turning his followers against him and Republican Congressmen on the bill.

7. What message is he trying to get across to his followers that he won't say publically?

He wants to make the people believe that the failure of the health care bill is not his fault at all and entirely on Paul Ryan and Congress Republicans.

8. Why would it be important for the Trump administration that the media blame Republican allies?
He wants to keep his followers/supporters loyal to him, so he has to distance himself from the failure as much as possible.

9. If Trump voters blame Republican allies, how does that help Trump gain more control in the party?
The blame is on the ideological divide within the Republican Party rather than on Trump, which makes Trump seem like a reliable figure over Republican leaders who have failed in this health care bill.

10. Why would Trump adviser Steve Bannon (the former Breitbart editor) want to put blame on Paul Ryan?
For the same reason why all of Trump's closest advisers and staff are sticking by him... they want to maintain public support for their boss, so they're shifting the fault onto Ryan rather than Trump.

4.1 Sixth Amendment and Trump

What Will Happen to Americans Who Can't Afford an Attorney?

1. What does the Legal Services Corporation do?

The nonprofit corporation was created in 1974 and funds over a hundred civil legal-aid programs throughout the country.

2. How is this different than the role played by public defenders?

Public defenders such as attorneys are constitutionally-mandated to everyone going through the criminal justice system and experience budget issues, but civil legal-aid programs get their funding and support from parties, governments, private foundations, and other nonprofit groups. 

3. Which types of states end up getting the most help from this agency? 

Poor states rely on LSC greatly. 

4. What types of cases are they typically involved in?

They provide assistance in a wide range of cases, both criminal and civil. They can help deal with foreclosures and evictions, domestic violence and family issues, veterans benefits, consumer protection, etc. 

5. How do these services help save communities money?

They reduce the number of people from being homeless or from getting their house foreclosed, which increases the community's value. 

6. Why can't the lawyers who work for the program advocate for the program?

There are federal rules that prevent legal organizations from lobbying/participating in policy-making process. 

7. Why is this more prominent in rural areas than urban areas?

Rural areas are more heavily populated with older people who face more legal issues and are in greater need of assistance. Also, people in rural areas who are poor and less educated have fewer other options to turn to. 

8. Explain how this agency can be seen as an extension of 6th Amendment civil liberties.

The 6th Amendment guarantees right to counsel for all, so the LSC acts as legal counseling for the underpriviledged and indigent. 

9. Explain how this agency can be seen as an unnecessary government expenditure.   

These organizations still receive federal funding, with the amount varying based on the state's size and location. For example, Nevada Legal Services get 52% of its budget from federal funding. Thus, Republicans, who tend to be against public assistance programs, have pushed to gut the funding of such organizations. 

3.7 Judicial Drift Measured

Supreme Court Justices Get More Liberal As They Get Older

1. What does the Martin-Quinn score attempt to measure?

It attempts to illustrate the tendency of justices to become more liberal as they age through using the justices' votes to quantify their position on the left-right spectrum. 

2. What trend do you notice as justices serve on the Supreme Court for many years?

They became more liberal, with the larger change from justices nominated by Republicans. 

3. How does the Greenhouse Effect theory try to explain this phenomenon?
The name is referring to former New York Times Supreme Court correspondent Linda Greenhouse. Justices are under the pressure of not being as conservative as they would have to avoid the wrath of Greenhouse and the Times.

4. How does the Cocktail Party theory try to explain this?
This theory postulates that justices want to fit in and be perceived as reasonable and moderate.

5. How might the historical reputation of a justice affect their decision making?
History does not portray conservative justices in a positive light, while liberal opinions are celebrated. Justices avoid being too conservative to not be remembered in infamy.

6. Why have conservatives been disappointed so far by Chief Justice John Roberts?
He sided with the left and passed the Affordable Care Act, which many Republicans despise.

7. Of all the theories for why this occurs, which do you think is most realistic?  Why?
I think that time and experience slowly mold the opinions of the justices and change once ultra-conservatives to become more moderate and left-ward. I don't believe that the New York Times has such a weighty influence on justices that they would consistently lean toward the left, nor do I think the justices have so much foresight as to worry about how future generations will think of them even when they are dead. What impacts one's perspectives are personal experiences. 

3.6 Introducing Neil

"Neil Gorsuch, Donald Trump's Supreme Court nominee, explained"

1. Where is Neil Gorsuch currently working?

He is a respected jurist by conservatives and liberals alike, currently working as the judge of the 10th Circuit.

2. Why are Democrats likely to attempt to fight this nomination?

They want to do what the Republicans did to Obama's failed nominee, Merrick Garland, which is to filibuster. 

3. How are people predicting the way he might rule on abortion cases that reach the court?

He would strongly oppose abortion at any stage because "human life is fundamentally and inherently valuable and the intentional taking of human life by private persons is always wrong." 

4. How would you describe his views on religious freedom?

He seems somewhat fair in his respect for religious freedom, calling for broad deference to religious groups, not limited to Christians, of their beliefs despite potential inconsistencies or unscientific aspects. However, his definition of religious freedom borders offensive as he supports broad religious expression in public spaces. 

5. What opinions about the role of judges does he share with former justice Scalia?

Like Scalia, Gorsuch strongly sticks to judicial restraint and strict interpretation of the Constitution, sharply separating judges from legislators. 

6. What percentage of all federal court cases end up being decided by a split SCOTUS?

Only 0.014%  

7. What does that tell you about the vast majority of federal court cases?

The Supreme Court prefers to judge matters that aren't so controversial. 

8. Why do people think that Gorsuch will have an important role in swaying "swing vote" Anthony Kennedy on so many issues?

Gorsuch has clerked for Kennedy and may be able to influence him. 

3.5 Court Stuff

"Hilary Clinton will likely have a unique chance to remake the federal judiciary"

1. Describe the way most judicial branch nominations went down in Obama's first term.

He filled judicial vacancies with Democratic Party appointees, but the vetting process was very slow and nitpicky. 

2. How did Senate Democrats change the rules for nominations in Obama's second term?

Harry Reid and Senate Democrats deployed "nuclear option" which means using a majority vote to change the rules such as to prevent filibustering of judicial nominees to ease spurts of confirmation. 

3. How did Senate Republicans respond when they gained control of the Senate in 2014?

They shut down confirmations altogether in response to nuclear call. 

4. How many vacancies are there in the District Court level?

Vacancies have doubled to 72 since the 2014 midterms. 

5. How will the Senate Republicans' gamble pay off significantly now that Trump is the president?

The Republicans now have a chance to fill the vacancies with those who are more likely to further the Republican agenda. 

"An emergency court hearing has been called to challenge Trump's executive order"

6. When is the hearing on Trump's travel ban Executive Order?

7:30 pm this Saturday, 2/4/17

7. What type of court would this be since it's the first time hearing the case?

A district court. 

8. Who are the plaintiffs?

Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi who had worked with the US military in Iraq. 

9. How is the lawsuit going to try to turn this into a "class action"? (You definitely remember what a class action lawsuit is, right?)

If these two men win the court's decision that the executive order/ban is unlawful, then the same protections can be expanded to other immigrants and refugees detained in airports around the country. 

3.4 Trump Plans to Destroy Chapter 14!!! (One less 7-pg outline)

"Donald Trump is preparing to make massive policy changes at the EPA"

1. How did the Obama Administration prepare for the Trump Administration's plans for the EPA?

It raced to finish many environmental regulations in order for Trump to not be able to freeze them. 

2. What does Trump have to do to policies that Obama enacted by Executive Order instead of Congressional action?

He has the power to cancel all of Obama's executive orders by issuing his own executive orders. 

3, What policies did Obama's Administration pass through the rule making process and what does Trump have to do to get rid of these?

He has to restart the rulemaking process from the beginning, which includes justifying new rules before courts. 

4. What history does Trump's pick for head of the EPA have with the agency?
His nominee is Scott Pruitt, who has sued Obama's administration over its EPA rules many times. 

5. What is the main way that Congress can limit the effectiveness of the EPA?

Congress can use the power allocated through the Congressional Review Act to kill Obama's rules after May 2016 by majority vote. 

6. How could Trump and Congress alter the future of all EPA rule making? (What would the REINS act do?)

Budget cuts will be the death of EPA capabilities to monitor and enforce its rules. The REINS Act would require every major new EPA rule to be subject to a yay/nay vote in Congress.

7. Based on what you know about environmental protection and Congress - what do you think the impact of this would be if it were to pass?

Both houses of Congress as they are now are both Republican-majority, who tend to favor limited federal government--keeping it out of strict regulation of private companies. Thus, if the act were to pass, Congress would certainly vote down more EPA rules than it would up to limit the scope of EPA's power. 

3.3 Senator Cory Booker and President Trump

"How Cory Booker went from Progress Hero to Traitor in Under 2 Days"

1. How does Paste Magazine characterize Cory Booker?

Booker appears to agree with popular stances on social issues to garner positive publicity regardless of his past stances, but then turn around and align with corporate interests among Democratic financial elites. 

2. Why did Cory Booker vote against an amendment that seems like it would help people?

His state of New Jersey is concentrated with pharmaceutical companies and he often aligns himself with corporate interests. 

3. How does Cory Booker justify his vote publicly?

He had concerns over the safety of drugs imported from Canada.

4. Where does Cory Booker get his campaign funding from?

He gets funding from pharmaceutical companies. 

5. What else, besides sources of campaign funding, may impact his vote?

He has allies on Wall Street and has to please his constituency which depends on the pharma industry for jobs and wealth. 

6. Why did Cory Booker testify against Jeff Sessions?

He did so to make him seem like a Progressive and make him more popular among the people. 

7. Why would this impact his "national ambitions"?

Having positive national attention can shift his presence from the scope of his state/constituency to a national scale. 

8. How do his ties to industry & special interest jeopardize those?

However, Booker alienates true progressives with his ties to his big business allies and loyalty to his state since it depends on the pharma industry. 

"Trump's Governing Strategy is Taking Shape-- and It Could be a Political Winner"

9. What will serve as Trump's "bully pulpit"?

Social media, especially his lovely, lovely, tweets that are always in all caps and end in an exclamation mark as if he never stops yelling when he talks, and through his own staged events. 

10. How are Trump's nominations serving to keep his party happy?

His appointments have all been far-right or highly conservative people who would doggedly defend the GOP agenda.

11. Why is it important that Trump gets more attention than the policies he is likely to enact?

He knows that the majority of the country disapprove or hate him, so his goal is to win over some favor of the people.

12. Why would Trump meet with high profile candidates like Al Gore, but chose someone else for the job?

It gives him good publicity and makes him seem like he is moderate and reasonable, which diminishes the deep dislike for him among the public. However, he'll just turn around and appoint hard-right people. 

13. In what ways might the role of the Cabinet change under a Trump presidency?

The power may be shifted back to the Cabinet whereas in the recent years under Obama, more power has been delegated to the WH staff.