For Monday:
- Lowi, ch. 8,
- Tocqueville, pp. 99-105, 262-276
- Federalist # 78.
- Andrew Guthrie Ferguson,"The Joy of Jury Duty," The Atlantic, May 3, 2013, https://www.theatlantic.com/national/archive/2013/05/the-joy-of-jury-duty/275444/?gift=JqLFv2rfr5Q2GTT9QDUdQi_Rf3tIVFo9U8TEWaBD76g&utm_source=copy-link&utm_medium=social&utm_campaign=share/
Atlantic article and The Signal Chat
Robert Gates (Sec Def under Bush 43 and Obama), Duty: Memoirs of a Secretary at War, p. 82.
The secretary of defense is second only to the president in the military chain of command (neither the vice president nor the chairman of the Joint Chiefs of Staff is in the chain at all), and any order to American forces worldwide goes from the president to the secretary directly to the combatant commanders (although as a practical matter and a courtesy, I routinely asked the chairman to convey such orders). More important than any of the meetings, the secretary makes life-and-death decisions every day—and not just for American military forces. Since 9/11, the president has delegated to the secretary the authority to shoot down any commercial airliner he, the secretary, deems to be a threat to the United States. The secretary can also order missiles fired to shoot down an incoming missile.
What does it mean that information is classified?
FROM DOD:
Review from last time:
- Administer programs that provide cash or subsidies to a category of people (Social Security, Medicare, Medicaid, TANF, veteran benefits).
- Collect revenue
- Protect national and homeland security
- Enforce crminal law
- Manage and protect environment & natural resources (e.g., Interior, EPA, NOAA)
- Gather and publish data
- Regulate business (FCC, FTC, Antitrust Division) --
Tocqueville (p. 692) on "The Sort of Despotism Democratic Nations Have to Fear"
It provides for their security, foresees and supplies their necessities, facilitates their pleasures, manages their principle concerns, directs their industry, makes rules for their testaments, and divides their inheritances. Why should it not entirely relieve them from the trouble of thinking and all the cares of living?…It covers the whole of social life with a network of petty, complicated rules that are both minute and uniform, through which even men of the greatest originality and the most vigorous temperament cannot force their heads above the crowd. It does not break men’s will, but softens, bends, and guides it; it seldom enjoins, but often inhibits, action; it does not destroy anything, but prevents much being born; it is not at all tyrannical, but it hinders, restrains, enervates, stifles, and stultifies so much that in the end each nation is no more than a flock of timid and hardworking animals with the government as its shepherd.
Volume of federal regulations: 10,000 Commandments, p. 26.
Cost of regulation and benefits of regulation
Control of bureaucracy and the Principal-Agent Problem (Lowi, 222): "Deep State," iron triangles, issue networks
- Independent Regulatory Commissions and Humphrey's Executor
- Unitary executive theory and its critics
- Take your pick from Article II
- Vesting clause: "The executive Power shall be vested in a President of the United States of America"
- The Take Care clause; " he shall take Care that the Laws be faithfully executed"
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