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  JQ: Checks and Balances - 12/19/2011

Posted by Diana Laufenberg in American Government - Laufenberg on Monday, December 19, 2011 at 12:56 pm
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Identify the different ways that checks and balances are evident in this story... there should be examples both from between branches and within branches.  Explain.
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Lobbying Blog Post #2: Fracking

Posted by Julia Boyer in American Government - Laufenberg on Saturday, October 22, 2011 at 4:59 pm

The main people I would need to lobby to are my State officials. Specifically my House Representative: Representative Rosita Youngblood, my Senator, Leanne Washington and Governor Corbett. Each of these people have different views and interests so I'd have to proceed differently with each.


Rosita Youngblood was born in Philadelphia and elected as representative to the 198th District in 1994. She is a chairwoman in the house Gaming Oversight Committee and introduces issue-specific legislation. While she is mostly interested in legislation concerning domestic violence, welfare, health services, personal insurance and property tax provisions, she has voted yes to bills like SB 1155, HB 1200 and other clean energy bills. I have no doubt she would help me lobby against fracking. However, if I needed an "in" with her, I would talk to her about experiences she may have had in Philadelphia and how mine are similar or different. 


Senator Leanne Washington has the most interesting biography of any of my representatives. She was a teen mom, a high school dropout, and a victim of domestic violence. She served in the House of Representatives for 12 years before becoming the Senator to the 4th district. She, like Youngblood, is primarily interested in enhancing community; she's interested in assistance for domestic violence, and social security insurance for disabled foster children. I think she would also be a good candidate to talk to about my lobbing topic. She co-sponsored SB 596, a bill creating a fund for citizens with contaminated well water caused by fracking.  


The last, and most challenging of my representatives would be Governor Tom Corbett. He was elected to office in 2011. His top priorities while in office are to reduce the government budget, improving the economy and, in that same vein, jobs. I say he is the most challenging because he has been a big advocator of fracking and it's abundance of jobs. There was a bit of unrest because he was sponsored during his election by some Gas Companies. However, he has recently made an Act that would give counties in PA the right to make fees on fracking. An "in" I have with Corbett is that he went to college in Annville, which is where my grandparents live. He, also, worked in a highschool for some time so I could talk with him about how unique SLA is. 

These are my three representatives that could help me with my lobbying project. I am generally confident that I could get good results from speaking to them about my topic. Which, is very helpful to know.  








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Lobbying Blog Post 2: Clean Chemicals Act

Posted by Sofia Frank-Fischer in American Government - Laufenberg on Friday, October 21, 2011 at 12:03 pm

I am lobbying for the Clean Chemicals Act of 2011. Currently, the bill is in the Senate, in committee. With a bit of research, I found out that my bill is currently in the Senate Committee on Environment and Public Works. None of the representatives from my state are in this committee. The chair is Barbara Boxer, a democrat from California. I looked at her voting record, and it was clear she would be for the bill. Right now, the bill is in the subcommittee on Superfund, Toxics, and Environmental Health. Luckily for my bill, the chair of that subcommittee is Frank R. Lautenberg, the New Jersey representative who first introduced the bill. The minority "ranking members" of committee and subcommittee are republicans from the midwest. Generally, their voting histories make me think that they will be against a powerful bill to control chemical production because it could affect industry. They have no reason to listen to me, because I am not a constituent – nor do I have any ties to their states. Because they are the minority, however, I still hope that my bill can make it to Senate.


My representatives in Senate are Bob Casey and Pat Toomey.

Bob Casey, on his website, states that "as a Senator from Pennsylvania, I am committed to protecting the environment, preserving our natural treasures, and safeguarding the health of our families," and states that energy and the environment are among his priorities. He says that he is strongly against fracking, and has cosponsored one bill that would "close big oil tax loopholes". However, based on the list of legislation he has sponsored and cosponsored, his priorities seem to lie much more with veterans and education. He has four daughters, all of whom are around my age, and he plays basketball – so I would definitely be able to start a conversation with him.

Pat Toomey, on the other hand, will certainly not want the bill to be passed. One of his slogans is "More Jobs, Less Government" (see image below). Because of this, he will certainly not want more restrictions on companies that could be producing more and hiring more. He even introduced the Employment Protection Act of 2011, which would make the EPA "consider the impact on employment levels and economic activity" before any regulatory action. The Clean Chemicals Act is certainly in conflict with this bill. I looked for interests he and I might share, and found nothing. I am uncertain how I will be able to argue for this bill against someone who so clearly is opposed to anything of the kind.

If the bill gets through Senate, it will go to the House of Representatives. There, my representative if Chaka Fattah (see district map below). Looking through his legislative record, it is clear that his priority lies with education – from early childhood care to college funding. Howeve, he also sponsored the Clean Energy Act of 2010, which would have supported research into nuclear energy and other forms of renewable power. Based on this, I think he is highly likely to support the Clean Chemicals Act of 2011. Because of his interest in education, especially public education, I would definitely try to start a conversation by talking to him about my school.

For the post part, my representatives and the people on the bill's committee look like they'll support it. However, the opponents of the bill look quite immovable: Toomey, with whom I have very little in common, and the various Senators who are strongly opposed to the bill and do not have any reason to listen to some girl from Pennsylvania.

Screen Shot 2011-10-21 at 11.35.29 AM
Screen Shot 2011-10-21 at 11.35.29 AM

(from Toomey's campaign website)


Fattah District Map
Fattah District Map
(from www.house.gov, representative search by zip code.)
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Pacific Operators Offshore, LLP v. Valladolid

Posted by Douglas Wallace in American Government - Laufenberg on Thursday, October 20, 2011 at 11:43 pm

​The constitutional issue is workers compensation law based off of The Outer Continental Shelf Lands Act, 43 U.S.C., §§ 1331-1356 (OCSLA). So the question that is basically presented is that person:

(1) always eligible for compensation, because his employer's operations on 
the shelf are the but for cause of his injury (as the Third Circuit holds); or

(2) never eligible for compensation, because the Act applies only to injuries 
occurring on the shelf (as the Fifth Circuit holds); 

(3) sometimes eligible for compensation, because eligibility for benefits 
depends on the nature and extent of the factual relationship between the injury and 
the operations on the shelf (as the Ninth Circuit holds)


Essentially what had happened was a man was crushed in a forklift accident. The widowed wife is seeking workers compensation under the OCSLA act. The problem with the OCSLA act is it only covers accidents that happens on the Outer Continental Shelf (OCS). This accident happened at an on shore location. The counter arguement to that is that the worker spent 98% of his time on the OCS, however the accident still ahppened on land. OCSLA doesn't cover land accidents because that has its own workers compensation solution.


In the case the Pacific Operations attorney had some key points and highlighting key components of the case. He emphasized the wording of the OCSLA workers compensation act which states that the accident was to happened on the OCS. The rest of the speakers basically try to dump off the compensation to different acts.

My opinion is, this case shouldn't be a case. OCSLA is pretty clear and simple. However the way that all the Justice are handling it, it makes it seem like Pacific Operations will lose. They seem to be over-sensitive and they just shoot down what the speakers say by bringing up irrelevant points.OCS_2006_MMS
OCS_2006_MMS
OCS_2006_MMS
Tags: supct11, Diana Laufenberg
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CompuCredit Corp. v. Greenwood - Shelby Harcher

Posted by Shelby Harcher in American Government - Laufenberg on Thursday, October 20, 2011 at 10:38 pm

CompuCredit promised to repair consumer's credit cards without charging any deposit. Wanda Greenwood is suing because she claims that she was charged almost $300 in fees before receiving her card. Under the Credit Repair Organizations Act, or CROA, prohibition was set on charging fees. Also, under this act, consumers are given the right to sue for any violations. CompuCredit wanted to get someone to come and look over Greenwood's contract with them, and settle the dispute. Settling the problem informally would have stripped the consumers from their rights (to a jury, access to all documents etc.) Arbitrators, the people who come in and settle the dispute, are usually hired by the people who made the contracts. 

The main issue in this case is that, under the CROA, consumers are allowed to sue, but forced arbitration was usually used. The National Senior Citizens Law Center and AARP claim that CROA is protecting it's costumers and that they know that they can sue and take the steps necessary to do so and that the document itself prevents companies from being able to force arbitration. However, others feel differently. Credit repair scams happen all the time. High fees are usually charged and arbitration is usually used. I'm not sure what's going to happen with this case, but I believe that companies are going to be looked after more, making sure that they follow the CROA and don't force arbitration. Under the 
Constitution, it states that all people have the right to a jury of their peers, and being forced to have an arbitrary, doesn't seem fair at all. I believe that the Supreme Court will rule in the favor of the consumers. 

Tags: supct11
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SCOTUS Case: Florence V. Board

Posted by Uyen Nguyen in American Government - Laufenberg on Thursday, October 20, 2011 at 9:17 am

​Constitutional Question: The case of Florence V. Board of Chosen Freeholders of the Country of Burlington was followed with a question from the Supreme Court, the question is “Does the Constitution permit the government to strip search every person admitted to a jail, even if there is no reasonable basis to suspect that the person has hidden weapons or contraband?” In another word, does the Constitution have permission to violate the fourth amendment to follow security order and to investigate minor Crimes.

 

Facts of the Case: A citizen named Albert Florence from the state of New Jersey was arrested on a bench warrant from Essex County. Florence was charged from the arrested for non-indictable offense and not capable to pay a fine. However, Florence argued for his rights and protested the validity of the warrant due to the fact that he had paid the fine. However, after his arrested and detention, the charge was, in fact already been dismissed.

During the arrest, Florence was stripped and search as subjected to a visual body cavity search during his arrival at the Burlington County Jail. From the time of his arrest he was being consume to visual body cavity search and after six days upon his transfer from Burlington County to Essex Country Correctional Facility. But soon after, the charge against him was dismissed and Florence was released.

However, Florence decided to bring a civil rights lawsuit to the United State District Court and to the District of New Jersey for claiming the right to his privacy and the rights of all persons in the class of alleged minor offenders of consuming in the Fourth Amendment to the United States Constitution.  Also the Constitution were violated the Fourth Amendment by strip and search a visual body cavity searches for a minor arrest. This District Court agreed to Florence request and his claim to the charge.


Summary of the Arguments before the SCOTUS: The Court pointed out the U.S. Supreme Court ruled in 1979, which stated “Inmates do not have the right of privacy in prison that is guaranteed to ordinary citizens.” This is to protect the process from unreasonable violations to any citizen’s privacy. The Court decided to applied one of the cased called “Bell v. Wolfish,” which were also involved visual body cavity searches for being arrestees including charged with a minor offense and was striped and search.

The Court decided to apply the rule of the Third Circuit panel that was persuaded by the recent Eleventh and Ninth Circuit that ruled balancing the jails’ security concerns. These circuits are –

(1) The detection of smuggling weapons, contraband and drugs into the facility.

 (2) The identification of gang members by observation of their tattoos.

(3) The prevention of disease, particularly MRSA, against the privacy interest of the arrestees, a blanket policy of strip searching and subjecting all arrestees to visual body cavity searches, irrespective of any particularized suspicion, does not contravene the Fourth Amendment. 

 


Prediction: Since the Supreme court had involved in a similar case and was pass with the Bell v. Wolfish, this case probably will be done with more of a complex explanation by the judges and the court. However, since this case is being reenact, Florence V. Board will not be abandon by lawyers because the Fourth Amendment was violated for Florence, which also was prohibited in the Three Circuits.

 http://www.scotusblog.com/case-files/cases/florence-v-board-of-chosen-freeholders-of-the-county-of-burlington/

 http://www.ca3.uscourts.gov/opinarch/093603p.pdf




Tags: supct11
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Lobbying against Fracking

Posted by Douglas Wallace in American Government - Laufenberg on Monday, October 17, 2011 at 9:56 pm

    ​I am lobbying against hydraulic fracturing, which is a big issue especially in Northern Pennsylvania.
Essentially Hydro-Fracturing (fracking) is a way to harvest some of the earth's natural gasses.
The way that they do it is by shooting water and chemicals at high veolcity into the earth's shale
to fracture the rocks and then they harvest what they can. 
    The problem is, it essentially ruins the
water supply of the people whom live in those areas.I want to lobby against fracking because this is
something that is very bad for the earth and the people on it. Fracking isn't an issue that people in
places like Philadelphia or any urban city environment have to really worry about, because we have a different type of water supply. 
    The main supporters of my lobbying case would probably be all of those people whom live in these areas where there is an abundance of Fracking happening. They are the ones whom are really suffering and they would love to stop their water from igniting. 
    The only people whomwould really be against my lobbying case would be the big oil companies and the people in governmentthat support the oil company and their abuse on the people of the rural areas this is happening.
Just recently those companies tried to bring fracking to Philadelphia, however they were shut down. If
fracking can be denied in Philadelphia, it should be denied in thos erural unknown places too.
Tags: Ms. Laufenberg
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Lobbying - Curb your dog & Waste Bins

Posted by Anonymous in American Government - Laufenberg on Sunday, October 16, 2011 at 11:24 pm

No one enjoys going for a walk and then noticing that the streets are littered with trash or people refuse to clean up after their pets. If you were in Center City however this would never happen. There are many things already in place that would lower the chances of you seeing these nuisances. First there are trash cans in Center City virtually on every street corner. Secondly their are "please curb your dog" signs posted up all over every park and trails. These are both due to the face that when tourists come to visit Philadelphia most of the traffic is in the Center City area, which requires us to keep these parts especially clean. 

I would propose that "please curb your dog" and public trash bins be of greater for the other parts of the city also. In most parts of the city outside of Center City there is trash on the streets in great abundance. This is because there aren't public trash cans on the corners of those parts of the city. Also the "please curb you dog" law isn't enforced at all so animal droppings are on people's lawn and on private property. I would very much like to see cleaner streets in Philadelphia. I also want to see tourism not only be mainly concentrated in Center City but in other parts that make up philadelphia as well, and I feel as though cleaning up the streets is a very good place to start.

The main people I can get support from while trying to get these enforced or enacted would be the district representatives of the different parts of the city. They would be the main supporters because they would like the thought of having cleaner streets and improving on tourism. Even though I can get the most support from them they can also give me the most opposition. Placing a trash can on street corners isn't a very cheap tasks. Especially managing the trash pickup. If there isn't room in the budget to pay for this then they may not even consider it. 

Currently there isn't any legislation dealing with my topic. But I would like to see one regarding the enforcement of people not cleaning up after their dogs. There are already laws in place that say that it is illegal to not clean up after your pets but there isn't anything regarding the enforcement of that law. 

Law referencing not cleaning up after animals.

(Amending Chapter 10-100 of The Philadelphia Code, entitled "Animals," by amending Section 10-105, entitled "Animals Committing Nuisances," by expanding the section to include nuisances committed upon the private property of the owner and animal noises which cause unreasonable annoyance, disturbance or discomfort to a person or persons, all under certain terms and conditions.
Legislative File ID   000103-A)
Tags: Diana Laufenberg, Lobbying, kern, clarke
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SCOTUS Case :Douglas v. The Independent Living Center Of Southern California

Posted by Markia Johnson in American Government - Laufenberg on Saturday, October 15, 2011 at 7:51 pm


I was assigned to following the case "Douglas v. The independent Living Center of Southern California". in California there is a tight financial situation and one of the states larger  expense is Healthcare. As a result in 2008 and 2009 the state cut 1-10% of the Medi - Cal reimbursement budget .The main topic (question/concern) of "Douglas v. Independent Living Center of Southern California" is  not the legality of the actual cuts to the health care budget. It is whether or not the healthcare beneficiaries and providers can sue the state for not meeting the required reimbursement rates.
Medicaid is  federally funded healthcare that reimburses healthcare providers for servicing individuals who qualify. If a state chooses accept federal funding it is mandatory  that the state  give out a reasonable amount of money to medicare providers, If not the funding for healthcare for the state will be shut down.
Medicaid providers and recipients in California attempted  to sue the state  to prevent budget cuts. The healthcare providers are using the  Supremacy Clause , which basically states that federal law trumps state law. If the state is not following the federal law then the state can be sued under there Ex Parte Young , which would allow the state to be sued for acting in a unconstitutional manner .
The case reached the Supreme Court in October of 2011. The defense has made a point that if this is allowed federal agencies will be bombarded with other cases thats are also arguing that the state is not following the federal law. Making it difficult for them to handle anything but the cases.The prosecution responded saying they had no intention of doing this they just simply wanted to make sure they are allowed to exercise their rights to fight.
A decision has not been reach as of yet. The Supreme Court is expected to have a final ruling  sometime next year. The case is not expected to rule in favor of the people and providers  of the California medicare system. Personally I do not expect to see them come out completely successful either because the defense most laws likely correct when they said that other organizations or people will also try and sue the, state arguing that it has acted unconstitutionally. If the state has acted as such it should be handled fairly and not given a final ruling under the impression that if it as allowed it will only bring chaos. Sadly the case will most likely be given a ruling with future cases in mind.Therefore not allowing these organizations to sue the state.
Tags: supct11
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Electoral College Reform.

Posted by Semaj Smith in American Government - Laufenberg on Friday, October 14, 2011 at 2:41 pm

For my lobbying project I will be lobbying against the electoral college. The electoral college is a compromise between election of the president by Congress and election by popular vote. The people of the United States vote for the electors who then vote for the President. I feel like we the people should be able to vote on who we want to represent us and our votes should be the actual reasons the candidate is put into The White House. If there are any opponents of allowing our votes to be the actual deciding votes of our president and representatives would be candidates who usually win or get higher votes from the electoral college. I think the people who vote would be the main supporters of my topic because they can feel like their votes are being counted and their voice is being heard for what they actually have to say.

The pending legislation dealing with The Electoral College is the:

H.J.Res.36 - Proposing an amendment to the Constitution of the United States to abolish the Electoral College and provide for the direct election of the President and Vice President by the popular vote of all citizens of the United States regardless of place of residence.

I believe this can really help my lobbying topic because with this and the graphs and explanations that let people know exactly how their votes are being used and counted if counted at all will really make people stop and think twice about whether or not they agree with the electoral college. 





voting-booth
voting-booth
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Fracking in PA

Posted by Kashif Ahmad in American Government - Laufenberg on Thursday, October 13, 2011 at 11:35 pm

Now days everyone is concerned Fracking, Is it good for us? Our kids? the environment? Fracking is good and bad in different ways. In a way it can help our economy because it can provide jobs to the society. Not only it can provide jobs but it also can but it can make this nation an independent nation and have its own resource. Even though there are good sides to tracking, there are also bad sides. Fracking can make own water, which we use on the daily basis contaimnated. According to scientist, they show that fracking can lead to gas coming through the pipes which waters comes out from at our homes. 

Fracking is the procedure of creating fractures in rocks and rock formations by injecting fluid into cracks to force them further open. Basically what they're doing in Pennsylvania is that companies such as the gas companies drill water, sand and chemicals deep underground at high pressure. This opens cracks that allows natural gas to flow into the wells. Some homeowners in the drilling areas says that tracking has polluted their water. According to scientist, the homeowners can be right. 

Natural gas or methane is flammable and potentially explosive. Having such dangerous chemicals coming through our pipes to our homes can cause many problems. Problems from drinking water to taking a shower or cooking food. Fracking has its benefits and consequences. 

flaming-water-fracking-natural-gas-us-drinking-water-supply-in-danger-photo_credit-gassland
flaming-water-fracking-natural-gas-us-drinking-water-supply-in-danger-photo_credit-gassland
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