Tuesday, March 9, 2010
Congressional Powers Assignment
The horse protection act of 1970 was passed by congress due to the increasing concern for horse safety. It has to deal with the care and training methods and implements that can be legally used. It also outlines the penalties for violations of this act. It is currently enforced by the USDA.
Goal of Action:
Congress was trying to create a safe atmosphere for horses. Traditionally trainer have used chains and ropes to make horses have abnormal or unnatural gaits. Also, to achieve results that are not commonly seen in a wild or "natural horse". It also sets a standard for their care.
Means of Goal:
The Attorney General has set up offices and agencies that preform random spot checks at horse shows and events. From the result of some of these illegal methods scars and blistering occur and can be detected. Also, if people call in and report the crime the USDA investigates to see if there is a violation. The act if enforced today by the United State Department of Agriculture.
Type of Power:
Implied- Congress used the Commerce and Trade clause of the constitution. Since horses are often times sold or make money congress was able to use this clause.
Analysis:
Yes, This is a problem that needed to be addressed. It needs to be a federal law that is the same in each state. If it is left up to each individual state then people can move and take advantage of a lack of enforcement or even of laws. It is kind of a strech to connect this to commerce however it needed to be done so I support it.
Ashley Neri-Autism
Background (What circumstances necessitate Congressional action?/ What happened to the Bill in Congress? Did it pass, or die in committee?):The growing population of people with autism in the United States the government has been trying to pass bills that will aid in the development and success of people with autism. The Global Autism Assistance Act of 2009 focuses on two specific features. One being that it supports activities by organization and other service providers that are not government run programs. This Bill also is trying to put in place a “teach the teachers” program so that they can train health and education professionals who work with children who have autism. This Bill is still in the process and has been referred to the House Committee on Foreign Affairs.
Goal of Action:To establish and administer a health and education grant program for children with special needs.
Specifics/ Means of the goal:They are going to support activities by nongovernmental organizations and other service providers, including advocacy groups. In addition, they want to establish a “teach the teachers” program to help train health and education professionals that work with special needs children.
Type of Power (Is Congress acting according to an expressed or implied power? If it is implied, what expressed power grants it?):This is an implied power because is not stated directly in the Constitution. However, it is under the Elastic Clause. This allows Congress to do what they think is "necessary and proper" and they believe evidence from this bill, in which they believe in bettering the lives for children who have autism.
Analysis (Do you think Congress should do this according to its Constitutional Powers):Yes, I believe that by helping children with autism we are showing the work that people who have autism can contribute to society in a variety of ways if we give them the tools to succeed. Many people living in this country may know of the growing numbers of children with special needs and we need to find a way to help those children become productive adults when they are older. Many don’t know all the possible contributions that special needs children can make to society but the least we can do is give them the proper tools to show us what they can do. The United States Congress is well inside of its powers because it is dealing with bettering the lives of U.S. citizens.
Nirosha-Autism
Title: H.CON.RES.96 Recognizing the importance of autism awareness, supporting efforts to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism. Commends the parents and relatives of individuals with autism for their sacrifice and dedication in providing for the special needs of individuals with autism.
This bill has not yet been passed but is in the process to be passed. The Committees on Energy, education and Foreign Affairs are considering it.
4/2/2009:
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Foreign Affairs,
4/2/2009:
Referred to House Energy and Commerce
4/2/2009:
Referred to House Education and Labor
4/2/2009:
Referred to House Foreign Affairs
Expresses support for: (1) increasing federal funding for research; (2) the federal government's commitment to provide states with 40% of the costs needed to educate children with disabilities; and (3) the government's commitment to fund services through Medicaid to eligible autistic individuals. Recognizes (1) The need to begin early intervention services soon after a child has been diagnosed; (2) that individuals with autism should have the opportunity to lead rewarding lives; (3) the shortage of appropriately trained professionals; and (4) the importance of worker training programs tailored to the needs of developmentally disabled persons. Joins with members of the United Nations in promoting awareness of autism spectrum disorders in all regions of the world.
Type of Power
Analysis (Do you think Congress should do this according to its Constitutional powers?)
Yes, I think Congress should do this according to its constitutional powers because every child should have the opportunity to get necessary treatment and proper education. Also the government should increase the funds for research to improve every single child’s life.
Monday, March 8, 2010
Homelessness
Background (What circumstances necessitate Congressional action?/What happened to the Bill in Congress? Did it pass, or die in committee?):
The bill was not passed but is being referred to different committees. It is being looked over in the House committee on Financial Services.
Goal of Action:
6/25/2009: Referred to the House Committee on Financial Services.
Specifics/Means of Goal:
(1) Children and youth have a right to adequate housing
(2) There are an unacceptably large number of children and youth in the United States who experience homelessness every year, often because of the lack of affordable housing for their families
(3) Projects that provide services to parents and other caretakers to prevent possible homelessness of youth in crisis should be created
(4) Programs that address the housing needs of low-income families should be implemented.
Type of Power (Is Congress acting according to an expressed or implied power? If it is implied, what expressed power grants it? - Check the Constitution to figure this out!):
I think it is an implied power that goes off of Article 1 Section 8 of the Constitution because keeping the children safe is important without them there is no future for our country.
Analysis (Do you think Congress should do this according to its Constitutional powers?)
I think this is something congress can do it is working to make the United States a better place to live. If you start with the children then it will hopefully lead them to a better future as an adult.
Kelli Conner-Disabilities and Sports
Background (What circumstances necessitate Congressional action?/What happened to the Bill in Congress? Did it pass, or die in committee?):
This is an amendment to the H.R. 1388, "The Edward M. Kennedy serve America Act, an Act to reauthorize and reform the national service laws." This law includes the school and community-based service-learning programs and higher education innovative programs for community serve. This also amends the S.AMDT.687, which is an amendment to H.R.1388. The modified amendment was agreed to in the Senate by Unanimous Consent.
Goal of Action:
3/24/2009:
Amendment SA 693 proposed by Senator Johanns to Amendment SA 687. (consideration: CR S3648-3649; text: CR S3648)
3/25/2009:
Considered by Senate. (consideration: CR S3745, S3772)
3/25/2009:
Amendment SA 693 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S3772
Specifics/Means of Goal:
To ensure that organizations promoting competitive and non-competitive sporting events involving individuals with disabilities may receive direct and indirect assistance to carry out national service programs.
Type of Power (Is Congress acting according to an expressed or implied power? If it is implied, what expressed power grants it? - Check the Constitution to figure this out!):
Congress is using an implied power. I think that the expressed power that would grant this is the regulating commerce one because this amendment deals with established organizations so could be considered commerce across state lines.
Analysis (Do you think Congress should do this according to its Constitutional powers?)
No, I think that they are stretching the term commerce and using it in a way the the framers did not intend.
Nick Bergen - Music Education
Background (What circumstances necessitate Congressional action?/What happened to the Bill in Congress? Did it pass, or die in committee?):
The bill entitled “The Edward M. Kennedy Serve America Act, an Act to reauthorize and reform the national service laws” was designed to expand the previous “AmeriCorps” program established in 1993. The bill is relevent to music education because it has an amendment that includes music education in the expansion criteria (voted in the senate by unanimous consent on 3-29-2009. The bill passed in the house on 3-18-2009 and in the senate, after being ordered to be amended, on 4-21-2009.
Goal of Action: To reform and expand the previous “AmeriCorps” program established in 1993 under the Clinton administration.
Specifics/Means of Goal: created 5 new service corps including the new education corps. Through an amendment, the education corps supports music and arts education services.
Type of Power (Is Congress acting according to an expressed or implied power? If it is implied, what expressed power grants it? - Check the Constitution to figure this out!): Congress is acting on the expressed power that allows congress, “To promote the Progress of Science and useful Arts,” or in other words, the education system.
Analysis (Do you think Congress should do this according to its Constitutional powers?): Yes because it is within the powers of congress to support and education system.
H.RES.43 : Recognizing the efforts of those who serve their communities on Martin Luther King Day and promoting the holiday as a day of national service.
Background (What circumstances necessitate Congressional action?/What happened to the Bill in Congress? Did it pass, or die in committee?):
- 1/9/2009:
- Referred to the House Committee on Education and Labor.
- 3/6/2009:
- Referred to the Subcommittee on Healthy Families and Communities.
- 1/13/2009 2:43pm:
- Mr. Hinojosa moved to suspend the rules and agree to the resolution.
- 1/13/2009 2:43pm:
- Considered under suspension of the rules. (consideration: CR H176-179)
- 1/13/2009 2:43pm:
- DEBATE - The House proceeded with forty minutes of debate on H. Res. 43.
- 1/13/2009 3:00pm:
- At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- 1/13/2009 7:11pm:
- Considered as unfinished business. (consideration: CR H183-184)
- 1/13/2009 7:19pm:
- On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 415 - 0 (Roll no. 13). (text: CR H176)
- 1/13/2009 7:19pm:
- Motion to reconsider laid on the table Agreed to without objection.
as you can see it's still undecided and has been postponed.
Goal of Action:
To have everyone commit to some kind of service on Martin Luther King Day in memory of him. To do some service that's not violent and that really shows whats trying to be encouraged to others: to stay away from violent acitivities, like MLK did, and instead help out the community.
Specifics/Means of Goal:
that by doing this one...
"Acknowledges that by serving one's country, one's community, and one's neighbor our nation makes progress in civility, equality, and unity consistent with the values and life's work of Dr. Martin Luther King, Jr."
Type of Power (Is Congress acting according to an expressed or implied power? If it is implied, what expressed power grants it? - Check the Constitution to figure this out!):
This is an implied power because back then, no one really knew about volunteering, they just helped people to be nice like helping your old grannie neighbor bring in her groceries. Its also implied because they can make laws based on each problem at hand about community service acts.
Analysis (Do you think Congress should do this according to its Constitutional powers?)
i believe congress should have the power, no effence to the president, but congressmen know certain areas better than the president, and know what places may need help by (willing) volunteers to help out. It is also not that major of a deal in the states today, so im sure congress can handle it.