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The Legislative Process Michael Rocca, Associate Professor

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1 The Legislative Process Michael Rocca, Associate Professor msrocca@unm.edu

2 Announcements 2526 Chap 15, 12 2728 NO CLASS 29 23 Chap 12, 13 45 Chap 13 6 910 Final 12:30-1:45pm 111213

3 IN THE NEWS FALL 2013 POLS 311’S #1 NEWS SOURCE - Since 2013 More On The Filibuster

4 Red lines are predicted legislative productivity based on the “real” world with the filibuster, while blue lines are predictions based on a world without the filibuster. (Figure: Adam Ramey/The Monkey Cage)

5 DC caseload not really an issue

6 If Obama gets his nominees, DC circuit leans more left

7

8 Can Congress check a wartime president?

9 Lesson #1: 9/11

10 Rally Around the Flag Effect Record #2: 90% Approval Record #1: 36% Increase

11 Presidents at their most persuasive

12 Patriot Act, 2001

13 Reauthorization, 2005

14 Lesson #2: Iraq Surge (2007)

15 Bush Approval, 2006-2007 Announces SurgeAnnounces Surge, 1/10/07 37% Approval Rating Democrats win back Congress, 11/07/06 House passes anti-surge resolutionresolution, 2/16/07

16 What can Congress do? Adopt a Resolution

17 What can Congress do? Adopt a Resolution “Congress and the American people will continue to support and protect the members of the United States Armed Forces who are serving or who have served bravely and honorably in Iraq; and… Congress disapproves of the decision of President George W. Bush announced on January 10, 2007, to deploy more than 20,000 additional United States combat troops to Iraq.” (House Concurrent Resolution 63, February 2007)

18 What can Congress do? Hold Hearings

19 What can Congress do? Hold Hearings

20 What can Congress do? Hold Hearings Senate Report on Iraqi WMD Intelligence United States Senate Select Committee on Intelligence

21 What can Congress do? Pull Funding Source: The Atlantic The Atlantic

22 War Powers Resolution (1973) P can only commit forces when: – War is declared – Given specific statutory authorization Given specific statutory authorization – National emergency P should consult C before use of force – Must do so after use of force Purpose: “…to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the president will apply to the introduction of United States Armed Forces into hostilities…”

23 War Powers Resolution (1973) P must end commitment w/in 60 days – (unless so authorized) – Can request a 30 day extension Purpose: “…to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the president will apply to the introduction of United States Armed Forces into hostilities…”

24 War Powers Resolution Purpose: “…to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the president will apply to the introduction of United States Armed Forces into hostilities…” P can only commit forces when: War is declared Given specific statutory authorization National emergency P should consult C before use of force Must do so after use of force Has Congress’ War Powers been usurped ?


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