Archives: August, 2010

Nat Hentoff on ‘Stop & Frisk’ Police Tactics

Nat Hentoff  has a terrific column in the Village Voice on the stop and frisk tactics of the New York City Police Department.  Here’s an excerpt:

Commissioner Kelly and Mayor Bloomberg, your stop-and-frisk approach trashes the Fourteenth Amendment. So while Governor Paterson merits our cheers for not being at all intimidated by you, a lot more has to be done to bring the Constitution back into New York City.

A co-sponsor of the bill, Assemblyman Jeffries, reminded all of us (The New York Times, July 16) that the signing of the bill was “the beginning point, not the end point, of a larger evaluation of the effectiveness and legitimacy” of the NYPD’s stop-and-frisk electronic dragnet.

Since there will continue to be stops, questions, frisks—and some arrests—I would be grateful, Commissioner Kelly, for your reaction to this tiny but very inflammatory story buried at the very bottom of page 14 in the July 10 Daily News, “Cuffed Brooklyn Woman Hit Back at Cops.”

The story describes that, in a lawsuit filed in Brooklyn Federal Court, two Brooklyn women, Taneisha Chapman and Markeena Williams, “claim they were wrongfully arrested by the NYPD after following the advice of a flyer (by the American Civil Liberties Union) entitled: ‘What should you do if stopped by the police?’ ”

When stopped by cops last August outside the Marcy Houses and asked to produce identification, they showed the flyer (commendably issued by the office of Assemblyman Nick Perry, Democrat, East Flatbush) that says—and James Madison would have fully approved—“It’s not a crime to refuse to answer questions. You can’t be arrested for merely refusing to identify yourself on the street.”

Daily News reporter John Marzulli wrote: “The cops were apparently in no mood for a legal debate and hauled off both women to Brooklyn Central Booking. The unspecified criminal charges were later dismissed, according to the suit.”

Read the whole thing.

For related Cato work, go here and here.

Liberty Wins First Skirmish in the Obamacare Legal Battle

As Michael already noted, Judge Henry Hudson of the Eastern District of Virginia denied the government’s motion to dismiss Virginia’s legal challenge to Obamacare.  Notably, Judge Hudson agreed with Cato senior fellow Randy Barnett (see here, here, and here) that the government’s assertion of Commerce Clause authority for the individual mandate is unprecedented:

The guiding precedent is informative, but inconclusive. Never before has the Commerce Clause and Necessary and Proper Clause been extended this far. At this juncture, the court is not persuaded that the Secretary has demonstrated a failure to state a cause of action with respect to the Commerce Clause element.

And that goes for the government’s arguments generally:

While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulate–and tax–a citizen’s decision not to participate in interstate commerce. Neither the U.S. Supreme Court nor any circuit court of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a person’s decision not to purchase a product, notwithstanding its effect on interstate commerce. Give the presence of some authority arguably supporting the theory underlying each side’s position, this Court cannot conclude at this time stage that the Complaint fails to state a cause of action.

In other words, at this first, early stage of litigation, Virginia’s lawsuit survives and the government has a real fight on its hands.  Read the whole opinion here

Now, this ruling does not decide the merits of the case and is not binding on any other court in any of the other Obamacare lawsuits – on Friday, for instance, Florida is due to file its brief opposing the government’s motion to dismiss the 20-state suit – but it is a beachhead in the fight against big government.  Judge Hudson’s opinion should finally silence those who maintain that the legal challenges to Obamacare are frivolous political ploys or sour grapes. The constitutional defects in the healthcare “reform” are very real and quite serious. Never before has the government claimed the authority to force every man, woman, and child to buy a particular product - and indeed such authority does not exist (as Cato’s amicus brief argued).

I look forward to further favorable rulings as the various lawsuits progress.  For further commentary, see Ilya Somin, Josh Blackman, and Hans Bader.

Sunlight Before Signing—Simplified!

When I first began tracking the results of President Obama’s Sunlight Before Signing promise to post bills coming from Congress online for five days before signing them, I quickly noticed that the White House was holding many bills for five days in the natural course of business, but not posting them, denying itself easy successes.

Followers of this blog and that issue may recall seeing columns in my Sunlight Before Signing tables titled “Five Days?” That was to say, “Hey, White House! These are easy wins for you!”

Well, as I reported in my last update, the White House has now made a practice of posting all bills on a special section of the Whitehouse.gov web site. And they are posting all the bills they receive.

We no longer need to highlight those five-day bills, so we’ve simplified the chart!

As you’ll see below, we’ve got the date the bill was presented to the president, the date he signed it into law, and a “Yes” or “No” simply to indicate whether there was Sunlight Before Signing compliance or not.

Number of Bills Emergency Bills Bills Posted Five Days
Overall 213
1
54
2009
124
0
6
2010
89
1
48

And the results are? … getting better—but painfully slowly.

President Obama has signed 213 bills into law now. One was an emergency bill, not subject to the Sunlight Before Signing promise. Out of the 212 remaining bills, he’s carried out his Sunlight Before Signing promise on 54 occasions—just over a quarter of the time.

In 2009, the administration was 6 for 124 — a dismal .049 average. So far in 2010, he’s 48 for 88, giving bills the promised sunlight just over half the time.

That’s a pretty far cry from carrying out his clear promise to put all bills online five days before signing them. But we’re seeing improvement. I’ve long guessed that we’ll see full implementation after the next election when people’s attention turns to the credibility of the president on the 2012 campaign trail.

With that, the full Sunlight Before Signing chart…

Public Law Date Presented Date Signed Posted [(Linked)]? Posted Five Days?
P.L. 111-2, The Lilly Ledbetter Fair Pay Act of 2009
1/28/2009
1/29/2009
1/29/2009*
No
P.L. 111-3, The Children’s Health Insurance Program Reauthorization Act of 2009
2/4/2009
2/4/2009
(2/1/2009)*
No
P.L. 111-4, The DTV Delay Act
2/9/2009
2/11/2009
2/5/2009*
Yes †
P.L. 111-5, The American Recovery and Reinvestment Act of 2009
2/16/2009
2/17/2009
(2/13/2009)*
No
P.L. 111-6, Making further continuing appropriations for fiscal year 2009, and for other purposes
3/6/2009
3/6/2009
No
No
P.L. 111-7, A bill to designate the facility of the United States Postal Service located at 2105 East Cook Street in Springfield, Illinois, as the “Colonel John H. Wilson, Jr. Post Office Building”
2/26/09
3/9/2009
No
No
P.L. 111-8, The Omnibus Appropriations Act, 2009
3/11/2009
3/11/2009
(3/5/2009)*
No
P.L. 111-9, To extend certain immigration programs
3/18/2009
3/20/2009
(3/19/2009)*
No
P.L. 111-10, To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes
3/19/2009
3/20/2009
(3/19/2009)*
No
P.L. 111-11, The Omnibus Public Land Management Act of 2009
3/30/2009
3/30/2009
(3/27/2009)*
No
P.L. 111-12, The Federal Aviation Administration Extension Act of 2009
3/24/2009
3/30/2009
(3/24/2009)*
No ‡
P.L. 111-13, The Generations Invigorating Volunteerism and Education Act
4/20/2009
4/21/2009
No
No
P.L. 111-14, To designate the United States courthouse under construction at 327 South Church Street, Rockford, Illinois, as the “Stanley J. Roszkowski United States Courthouse”
4/14/2009
4/23/2009
No
No
P.L. 111-15, The Special Inspector General for the Troubled Asset Relief Program Act of 2009
4/14/2009
4/24/2009
(3/27/2009)*
No ‡
P.L. 111-16, The Statutory Time-Periods Technical Amendments Act of 2009
4/30/2009
5/7/2009
(4/29/2009)*
No ‡
P.L. 111-17, A joint resolution providing for the appointment of David M. Rubenstein as a citizen regent of the Board of Regents of the Smithsonian Institution
4/28/2009
5/7/2009
(4/23/2009)*
No ‡
P.L. 111-18, A bill to repeal section 10(f) of Public Law 93-531, commonly known as the “Bennett Freeze”
4/28/2009
5/8/2009
(4/23/2009)*
No ‡
P.L. 111-19, The Civil Rights History Project Act of 2009
4/30/2009
5/12/2009
(4/29/2009)*
No ‡
P.L. 111-20, The Protecting Incentives for the Adoption of Children with Special Needs Act of 2009
5/5/2009
5/15/2009
(5/5/2009)*
No ‡
P.L. 111-21, The FERA
5/19/2009
5/20/2009
(5/15/2009)*
No
P.L. 111-22, The Helping Families Save Their Homes Act of 2009
5/20/2009
5/22/2009
(5/20/2009)*
No
P.L. 111-23, The Weapon Systems Acquisition Reform Act of 2009
5/21/2009
5/22/2009
5/14/2009*
No
P.L. 111-24, The Credit Cardholders’ Bill of Rights Act of 2009
5/20/2009
5/22/2009
5/15/2009*
No
P.L. 111-25, The Ronald Reagan Centennial Commission Act
5/21/2009
6/2/2009
(5/28/2009)*
No ‡
P.L. 111-26, To designate the facility of the United States Postal Service located at 12877 Broad Street in Sparta, Georgia, as the “Yvonne Ingram-Ephraim Post Office Building”
6/9/2009
6/19/2009
No
No
P.L. 111-27, To designate the facility of the United States Postal Service located at 300 East 3rd Street in Jamestown, New York, as the “Stan Lundine Post Office Building”
6/9/2009
6/19/2009
No
No
P.L. 111-28, To designate the facility of the United States Postal Service located at 103 West Main Street in McLain, Mississippi, as the “Major Ed W. Freeman Post Office”
6/9/2009
6/19/2009
No
No
P.L. 111-29, To designate the facility of the United States Postal Service located at 3245 Latta Road in Rochester, New York, as the “Brian K. Schramm Post Office Building”
6/9/2009
6/19/2009
No
No
P.L. 111-30, The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act
6/19/2009
6/19/2009
No
No
P.L. 111-31, The Family Smoking Prevention and Tobacco Control Act
6/16/2009
6/22/2009
(6/12/2009)*
No ‡
P.L. 111-32, The Supplemental Appropriations Act, 2009
6/19/2009
6/24/2009
(5/20/2009)*
No ‡
P.L. 111-33, The Native American Heritage Day Act of 2009
6/16/2009
6/26/2009
(6/16/2009)*
No ‡
P.L. 111-34, To designate the Federal building and United States courthouse located at 306 East Main Street in Elizabeth City, North Carolina, as the “J. Herbert W. Small Federal Building and United States Courthouse”
6/19/2009
6/30/2009
No
No
P.L. 111-35, To designate the Federal building located at 799 United Nations Plaza in New York, New York, as the “Ronald H. Brown United States Mission to the United Nations Building”
6/19/2009
6/30/2009
No
No
P.L. 111-36, The Webcaster Settlement Act of 2009
6/19/2009
6/30/2009
(6/19/2009)*
No ‡
P.L. 111-37, The Veterans’ Compensation Cost-of-Living Adjustment Act of 2009
6/25/2009
6/30/2009
(6/25/2009)*
No ‡
P.L. 111-38, A bill to provide additional personnel authorities for the Special Inspector General for Afghanistan Reconstruction
6/24/2009
6/30/2009
(6/19/2009)*
No ‡
P.L. 111-39, To make technical corrections to the Higher Education Act of 1965, and for other purposes
6/26/2009
7/1/2009
(6/26/2009)
No ‡
P.L. 111-40, A bill to award a Congressional Gold Medal to the Women Airforce Service Pilots (”WASP”)
6/24/2009
7/1/2009
(6/29/2009)*
No ‡
P.L. 111-41, The Korean War Veterans Recognition Act
7/27/2009
7/27/2009
(7/25/2009)*
No
P.L. 111-42, Approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes
7/27/2009
7/28/2009
No
No
P.L. 111-43, A bill to provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes
7/30/2009
7/31/2009
No
No
P.L. 111-44, The New Frontier Congressional Gold Medal Act
7/27/2009
8/7/2009
(7/27/2009)*
No ‡
P.L. 111-45, To authorize the Director of the United States Patent and Trademark Office to use funds made available under the Trademark Act of 1946 for patent operations in order to avoid furloughs and reductions-in-force, and for other purposes
7/27/2009
8/7/2009
(7/27/2009)*
No ‡
P.L. 111-46, To restore sums to the Highway Trust Fund, and for other purposes
8/4/2009
8/7/2009
(8/5/09)
No
P.L. 111-47, Making supplemental appropriations for fiscal year 2009 for the Consumer Assistance to Recycle and Save Program
8/6/2009
8/7/2009
(8/5/2009)
No
P.L. 111-48, The Miami Dade College Land Conveyance Act
7/31/2009
8/12/2009
(7/31/2009)*
No ‡
P.L. 111-49, The Judicial Survivors Protection Act of 2009
8/3/2009
8/12/2009
(8/5/2009)
No ‡
P.L. 111-50, To designate the facility of the United States Postal Service located at 46-02 21st Street in Long Island City, New York, as the “Geraldine Ferraro Post Office Building”
8/11/2009
8/19/2009
No
No
P.L. 111-51, To designate the facility of the United States Postal Service located at 601 8th Street in Freedom, Pennsylvania, as the “John Scott Challis, Jr. Post Office”
8/11/2009
8/19/2009
No
No
P.L. 111-52, To designate the facility of the United States Postal Service located at 2351 West Atlantic Boulevard in Pompano Beach, Florida, as the “Elijah Pat Larkins Post Office Building”
8/11/2009
8/19/2009
No
No
P.L. 111-53, The Utah Recreational Land Exchange Act of 2009
8/11/2009
8/19/2009
(8/11/2009)
No ‡
P.L. 111-54, To designate the facility of the United States Postal Service located at 41 Purdy Avenue in Rye, New York, as the “Caroline O’Day Post Office Building”
8/11/2009
8/19/2009
No
No
P.L. 111-55, To designate the facility of the United States Postal Service located at 431 State Street in Ogdensburg, New York, as the “Frederic Remington Post Office Building”
8/11/2009
8/19/2009
No
No
P.L. 111-56, To designate the facility of the United States Postal Service located at 123 11th Avenue South in Nampa, Idaho, as the “Herbert A Littleton Postal Station”
8/11/2009
8/19/2009
No
No
P.L. 111-57, To designate the facility of the United States Postal Service located at 1300 Matamoros Street in Laredo, Texas, as the “Laredo Veterans Post Office”
8/11/2009
8/19/2009
No
No
P.L. 111-58, To designate the facility of the United States Postal Service located at 702 East University Avenue in Georgetown, Texas, as the “Kyle G. West Post Office Building”
8/11/2009
8/19/2009
No
No
P.L. 111-59, To designate the facility of the United States Postal Service located at 19190 Cochran Boulevard FRNT in Port Charlotte, Florida, as the “Lieutenant Commander Roy H. Boehm Post Office Building”
8/11/2009
8/19/2009
No
No
P.L. 111-60, To extend the deadline for commencement of construction of a hydroelectric project
8/11/2009
8/19/2009
(8/11/2009)
No ‡
P.L. 111-61, Recognizing the service, sacrifice, honor, and professionalism of the Noncommissioned Officers of the United States Army
8/11/2009
8/19/2009
(8/11/09)
No ‡
P.L. 111-62, A joint resolution granting the consent and approval of Congress to amendments made by the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to the Washington Metropolitan Area Transit Regulation Compact
8/7/2009
8/19/2009
(8/7/2009)
No ‡
P.L. 111-63, The WIPA and PABSS Reauthorization Act of 2009
9/10/2009
9/18/2009
(9/10/2009)
No ‡
P.L. 111-64, A joint resolution providing for the appointment of France A. Cordova as a citizen regent of the Board of Regents of the Smithsonian Institution
9/11/2009
9/18/2009
(9/11/09)
No ‡
P.L. 111-65, To provide for the award of a gold medal on behalf of Congress to Arnold Palmer in recognition of his service to the Nation in promoting excellence and good sportsmanship in golf
9/21/2009
9/30/2009
(9/21/2009)
No ‡
P.L. 111-66, To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes
9/30/2009
9/30/2009
(9/30/2009)
No
P.L. 111-67, The Defense Production Act Reauthorization of 2009
9/24/2009
9/30/2009
(9/24/2009)
No ‡
P.L. 111-68, The Legislative Branch Appropriations Act, 2010
9/30/2009
10/1/2009
(10/1/2009)
and
(10/23/09)
No
P.L. 111-69, The Fiscal Year 2010 Federal Aviation Administration Extension Act
9/30/2009
10/1/2009
(9/30/2009)
No
P.L. 111-70, To amend the Foreign Affairs Reform and Restructuring Act of 1998 to reauthorize the United States Advisory Commission on Public Diplomacy
9/30/2009
10/9/2009
(10/1/2009)
No ‡
P.L. 111-71, To amend the United States International Broadcasting Act of 1994 to extend by one year the operation of Radio Free Asia, and for other purposes
9/30/2009
10/9/2009
(10/1/2009)
No ‡
P.L. 111-72, To amend title XVIII of the Social Security Act to delay the date on which the accreditation requirement under the Medicare Program applies to suppliers of durable medical equipment that are pharmacies
10/7/2009
10/13/2009
(10/7/2009)
No ‡
P.L. 111-73, The Enhanced Partnership with Pakistan Act of 2009
10/5/2009
10/15/2009
(10/2/2009)
No ‡
P.L. 111-74, To designate the Federal building and United States courthouse located at McKinley Avenue and Third Street, SW., Canton, Ohio, as the “Ralph Regula Federal Building and United States Courthouse”
10/7/2009
10/19/2009
No
No
P.L. 111-75, To designate the United States courthouse located at 525 Magoffin Avenue in El Paso, Texas, as the “Albert Armendariz, Sr., United States Courthouse”
10/7/2009
10/19/2009
No
No
P.L. 111-76, To provide for the transfer of certain Federal Property to the Galveston Historical Foundation
10/7/2009
10/19/2009
(10/7/2009)
No ‡
P.L. 111-77, To designate the Federal building located at 844 North Rush Street in Chicago, Illinois, as the “William O. Lipinski Federal Building”
10/7/2009
10/19/2009
No
No
P.L. 111-78, To designate the United States courthouse located at 301 Simonton Street in Key West, Florida, as the “Sidney M. Aronovitz United States Courthouse”
10/7/2009
10/19/2009
No
No
P.L. 111-79, The Foreign Evidence Request Efficiency Act of 2009
10/7/2009
10/19/2009
(10/7/2009)
No ‡
P.L. 111-80, The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010
10/16/2009
10/21/2009
(10/9/2009)
No ‡
P.L. 111-81, The Veterans Health Care Budget Reform and Transparency Act of 2009
10/16/2009
10/22/2009
(10/16/2009)*
No ‡
P.L. 111-82, A bill to authorize major medical facility leases for the Department of Veterans Affairs for fiscal year 2010, and for other purposes
10/15/2009
10/26/2009
No
No
P.L. 111-83, The Department of Homeland Security Appropriations Act, 2010
10/22/2009
10/28/2009
(10/9/2009)
No ‡
P.L. 111-84, The National Defense Authorization Act for Fiscal Year 2010
10/26/2009
10/28/2009
(10/21/2009)*
No
P.L. 111-85, The Energy and Water Development and Related Agencies Appropriations Act, 2010
10/21/2009
10/28/2009
(10/21/2009)*
No
P.L. 111-86, The Girl Scouts USA Centennial Commemorative Coin Act
10/22/2009
10/29/2009
(10/21/2009)*
No ‡
P.L. 111-87, The Ryan White HIV/AIDS Treatment Extension Act of 2009
10/26/2009
10/30/2009
(10/21/2009)*
No
P.L. 111-88, The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
10/30/2009
10/30/2009
(10/28/2009)*
No
P.L. 111-89, A bill to provide for additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes
10/30/2009
10/30/2009
(10/29/2009)
No
P.L. 111-90, The Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009
10/22/2009
11/3/2009
(10/22/2009)
No ‡
P.L. 111-91, The Medal of Honor Commemorative Coin Act of 2009
10/29/2009
11/6/2009
(10/29/2009)
No ‡
P.L. 111-92, The Unemployment Compensation Extension Act of 2009
11/5/2009
11/6/2009
(11/5/2009)
No
P.L. 111-93, The Credit CARD Technical Corrections Act of 2009
10/30/2009
11/6/2009
(10/30/2009)*
No ‡
P.L. 111-94, Proclaiming Casimir Pulaski to be an honorary citizen of the United States posthumously
10/29/2009
11/6/2009
(10/29/2009)
No ‡
P.L. 111-95, A bill to amend title 36, United States Code, to grant a Federal charter to the Military Officers Association of America, and for other purposes
10/30/2009
11/6/2009
(10/30/2009)*
No ‡
P.L. 111-96, A bill to allow the funding for the interoperable emergency communications grant program established under the Digital Television Transition and Public Safety Act of 2005 to remain available until expended through fiscal year 2012, and for other purposes
10/30/2009
11/6/2009
(10/30/2009)
No ‡
P.L. 111-97, The Military Spouses Residency Relief Act
11/4/2009
11/11/2009
(11/4/2009)
No ‡
P.L. 111-98, A bill to authorize a major medical facility project at the Department of Veterans Affairs Medical Center, Walla, Walla, Washington, and for other purposes
11/4/2009
11/11/2009
No
No
P.L. 111-99, To designate the facility of the United States Postal Service located at 10355 Northeast Valley Road in Rollingbay, Washington, as the “John ‘Bud’ Hawk Post Office”
11/20/2009
11/30/2009
No
No
P.L. 111-100, To designate the facility of the United States Postal Service located at 37926 Church Street in Dade City, Florida, as the “Sergeant Marcus Mathes Post Office”
11/20/2009
11/30/2009
No
No
P.L. 111-101, To name the South Central Agricultural Research Laboratory of the Department of Agriculture in Lane, Oklahoma, and the facility of the United States Postal Service located at 310 North Perry Street in Bennington, Oklahoma, in honor of former Congressman Wesley “Wes” Watkins
11/20/2009
11/30/2009
No
No
P.L. 111-102, To designate the facility of the United States Postal Service located at 4282 Beach Street in Akron, Michigan, as the “Akron Veterans Memorial Post Office”
11/20/2009
11/30/2009
No
No
P.L. 111-103, To designate the facility of the United States Postal Service located at 140 Merriman Road in Garden City, Michigan, as the “John J. Shivnen Post Office Building”
11/20/2009
11/30/2009
No
No
P.L. 111-104, To designate the facility of the United States Postal Service located at 1615 North Wilcox Avenue in Los Angeles, California, as the “Johnny Grant Hollywood Post Office Building”
11/20/2009
11/30/2009
No
No
P.L. 111-105, To designate the facility of the United States Postal Service located at 115 West Edward Street in Erath, Louisiana, as the “Conrad DeRouen, Jr. Post Office”
11/20/2009
11/30/2009
No
No
P.L. 111-106, To designate the facility of the United States Postal Service located at 867 Stockton Street in San Francisco, California, as the “Lim Poon Lee Post Office”
11/20/2009
11/30/2009
No
No
P.L. 111-107, To designate the facility of the United States Postal Service located at 1165 2nd Avenue in Des Moines, Iowa, as the “Iraq and Afghanistan Veterans Memorial Post Office”
11/20/2009
11/30/2009
No
No
P.L. 111-108, To designate the facility of the United States Postal Service located at 936 South 250 East in Provo, Utah, as the “Rex E. Lee Post Office Building”
11/20/2009
11/30/2009
No
No
P.L. 111-109, A bill to redesignate the facility of the United States Postal Service located at 2777 Logan Avenue in San Diego, California, as the “Cesar E. Chavez Post Office”
1/28/2009
1/29/2009
No
No
P.L. 111-110, A bill to designate the facility of the United States Postal Service located at 60 School Street, Orchard Park, New York, as the “Jack F. Kemp Post Office Building”
11/19/2009
11/30/2009
No
No
P.L. 111-111, A bill to designate the facility of the United States Postal Service located at 630 Northeast Killingsworth Avenue in Portland, Oregon, as the “Dr. Martin Luther King, Jr. Post Office”
11/19/2009
11/30/2009
No
No
P.L. 111-112, A bill to extend the authority for relocation expenses test programs for Federal employees, and for other purposes
11/19/2009
11/30/2009
No
No
P.L. 111-113, A bill to amend title 36, United States Code, to include in the Federal charter of the Reserve Officers Association leadership positions newly added in its constitution and bylaws
12/2/2009
12/14/2009
(12/2/2009)
No ‡
P.L. 111-114, A bill to permit each current member of the Board of Directors of the Office of Compliance to serve for 3 terms
12/2/2009
12/14/2009
(12/2/2009)
No ‡
P.L. 111-115, To amend titles II and XVI of the Social Security Act to prohibit retroactive payments to individuals during periods for which such individuals are prisoners, fugitive felons, or probation or parole violators
12/14/2009
12/15/2009
No
No
P.L. 111-116, To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes
12/14/2009
12/16/2009
(12/14/2009)
No
P.L. 111-117, The Consolidated Appropriations Act, 2010
12/15/2009
12/16/2009
(12/15/2009)
No
P.L. 111-118, Making appropriations for the Department of Defense for the fiscal year ending September 30, 2010, and for other purposes
12/19/2009
12/19/2009
(12/19/2009)
No
P.L. 111-119, A bill to amend the Family and Medical Leave Act of 1993 to clarify the eligibility requirements with respect to airline flight crews
12/9/2009
12/21/2009
(12/11/2009)
Yes
P.L. 111-120, To extend through December 31, 2010, the authority of the Secretary of the Army to accept and expend funds contributed by non-Federal public entities to expedite the processing of permits
12/14/2009
12/22/2009
(12/14/2009)
Yes
P.L. 111-121, Appointing the day for the convening of the second session of the One Hundred Eleventh Congress
12/16/2009
12/22/2009
(12/16/2009)
Yes
P.L. 111-122, A bill to establish a section within the Criminal Division of the Department of Justice to enforce human rights laws, to make technical and conforming amendments to criminal and immigration laws pertaining to human rights violations, and for other purposes
12/17/2009
12/22/2009
(12/17/2009)
Yes
P.L. 111-123, To permit continued financing of Government operations
12/24/2009
12/28/2009
(12/25/2009)
No
P.L. 111-124, To extend the Generalized System of Preferences and the Andean Trade Preference Act, and for other purposes
12/23/2009
12/28/2009
(12/23/2009)
Yes
P.L. 111-125, To extend the commercial space transportation liability regime
12/24/2009
12/28/2009
(12/25/2009)
No
P.L. 111-126, To accelerate the income tax benefits for charitable cash contributions for the relief of victims of the earthquake in Haiti
01/22/2010
01/22/2010
(01/22/2010)
No
P.L. 111-127, The Emergency Aid to American Survivors of the Haiti Earthquake Act
01/27/2010
01/27/2010
n/a E!
n/a E!
P.L. 111-128, To designate the facility of the United States Postal Service located at 116 North West Street in Somerville, Tennessee, as the “John S. Wilder Post Office Building”
01/20/2010
01/29/2010
No
No
P.L. 111-129, To designate the facility of the United States Postal Service located at 76 Brookside Avenue in Chester, New York, as the “1st Lieutenant Louis Allen Post Office”
01/20/2010
01/29/2010
No
No
P.L. 111-130, To designate the facility of the United States Postal Service located at 9810 Halls Ferry Road in St. Louis, Missouri, as the “Coach Jodie Bailey Post Office Building”
01/20/2010
01/29/2010
No
No
P.L. 111-131, To designate the facility of the United States Postal Service located at 440 South Gulling Street in Portola, California, as the “Army Specialist Jeremiah Paul McCleery Post Office Building”
01/20/2010
01/29/2010
No
No
P.L. 111-132, To designate the facility of the United States Postal Service located at 427 Harrison Avenue in Harrison, New Jersey, as the “Patricia D. McGinty-Juhl Post Office Building”
01/20/2010
01/29/2010
No
No
P.L. 111-133, To designate the facility of the United States Postal Service located at 16555 Springs Street in White Springs, Florida, as the “Clyde L. Hillhouse Post Office Building”
01/20/2010
01/29/2010
No
No
P.L. 111-134, To designate the facility of the United States Postal Service located at 170 North Main Street in Smithfield, Utah, as the “W. Hazen Hillyard Post Office Building”
01/20/2010
01/29/2010
No
No
P.L. 111-135, To designate the facility of the United States Postal Service located at 3900 Darrow Road in Stow, Ohio, as the “Corporal Joseph A. Tomci Post Office Building”
01/20/2010
01/29/2010
No
No
P.L. 111-136, To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes
01/29/2010
01/29/2010
No
No
P.L. 111-137, To amend title 38, United States Code, to expand veteran eligibility for reimbursement by the Secretary of Veterans Affairs for emergency treatment furnished in a non-Department facility, and for other purposes
01/20/2010
02/01/2010
(01/20/2010)
Yes
P.L. 111-138, A bill to provide that claims of the United States to certain documents relating to Franklin Delano Roosevelt shall be treated as waived and relinquished in certain circumstances
01/22/2010
02/01/2010
No
No
P.L. 111-139, Increasing the statutory limit on the public debt
02/04/2010
02/12/2010
No
No
P.L. 111-140, The Nuclear Forensics and Attribution Act
02/04/2010
02/16/2010
No
No
P.L. 111-141, An Act to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 until February 28, 2011
02/26/2010
02/27/2010
(02/26/2010)
No
P.L. 111-142, The Social Security Disability Applicants’ Access to Professional Representation Act of 2010
02/25/2010
02/27/2010
(02/25/2010)
No
P.L. 111-143, The Criminal History Background Checks Pilot Extension Act of 2009
02/17/2010
03/01/2010
No
No
P.L. 111-144, The Temporary Extension Act of 2010
03/02/2010
03/02/2010
(03/03/2010)
No
P.L. 111-145, The Capitol Police Administrative Technical Corrections Act of 2009
03/04/2010
03/04/2010
(02/26/2010)*
No
P.L. 111-146, The Trademark Technical and Conforming Amendment Act of 2010
03/17/2010
03/17/2010
(03/05/2010)
Yes †
P.L. 111-147, The Hiring Incentives to Restore Employment Act
03/17/2010
03/18/2010
(03/18/2010)*
No
P.L. 111-148, The Patient Protection and Affordable Care Act
03/22/2010
03/23/2010
(03/14/2010)*
No
P.L. 111-149, To amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes
03/15/2010
03/25/2010
(03/15/2010)*
Yes
P.L. 111-150, P.L. 111-150, To permit the use of previously appropriated funds to extend the Small Business Loan Guarantee Program, and for other purposes
03/26/2010
03/26/2010
No
No
P.L. 111-151, The Satellite Television Extension Act of 2010
03/26/2010
03/26/2010
No
No
P.L. 111-152, The Reconciliation Act of 2010
03/30/2010
03/30/2010
No
No
P.L. 111-153, The Federal Aviation Administration Extension Act of 2010
03/26/2010
03/31/2010
(03/26/2010)*
Yes
P.L. 111-154, The PACT Act
03/19/2010
03/31/2010
(03/18/2010)*
Yes
P.L. 111-155, The Prevent Deceptive Census Look Alike Mailings Act
04/01/2010
04/07/2010
No
No
P.L. 111-156, Recognizing and honoring the Blinded Veterans Association on its 65th anniversary of representing blinded veterans and their families
04/01/2010
04/07/2010
No
No
P.L. 111-157, The Continuing Extension Act of 2010
04/15/2010
04/15/2010
No
No
P.L. 111-158, The Debt Relief for Earthquake Recovery in Haiti Act of 2010
04/15/2010
04/26/2010
(04/15/2010)*
Yes
P.L. 111-159, To amend the Internal Revenue Code of 1986 to ensure that health coverage provided by the Department of Defense is treated as minimal essential coverage
04/14/2010
04/26/2010
(04/14/2010)*
Yes
P.L. 111-160, A joint resolution granting the consent and approval of Congress to amendments made by the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to the Washington Metropolitan Area Transit Regulation Compact
04/16/2010
04/26/2010
(04/16/2010)*
Yes
P.L. 111-161, The Airport and Airway Extension Act of 2010
04/29/2010
04/30/2010
(04/29/2010)*
No
P.L. 111-162, A bill to provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes
04/29/2010
04/30/2010
(04/29/2010)*
No
P.L. 111-163, The Caregivers and Veterans Omnibus Health Services Act of 2009
04/27/2010
05/05/2010
(04/23/2010)
Yes
P.L. 111-164, To designate the Department of Veterans Affairs blind rehabilitation center in Long Beach, California, as the “Major Charles R. Soltes, Jr., O.D. Department of Veterans Affairs Blind Rehabilitation Center”
04/26/2010
05/07/2010
(04/26/2010)*
Yes
P.L. 111-165, To provide that Members of Congress shall not receive a cost of living adjustment in pay during fiscal year 2011
05/03/2010
05/14/2010
(05/03/2010)*
Yes
P.L. 111-166, The Daniel Pearl Freedom of the Press Act of 2009
05/06/2010
05/17/2010
(05/06/2010)*
Yes
P.L. 111-167, The Blue Ridge Parkway and Town of Blowing Rock Land Exchange Act of 2009
05/13/2010
05/24/2010
(05/13/2010)
Yes
P.L. 111-168, To provide for the sale of the Federal Government’s reversionary interest in approximately 60 acres of land in Salt Lake City, Utah, originally conveyed to the Mount Olivet Cemetery Association under the Act of January 23, 1909
05/13/2010
05/24/2010
(05/13/2010)
Yes
P.L. 111-169, To provide for an extension of the legislative authority of the Adams Memorial Foundation to establish a commemorative work in honor of former President John Adams and his legacy, and for other purposes
05/13/2010
05/24/2010
(05/13/2010)
Yes
P.L. 111-170, To amend title 39, United States Code, to clarify the instances in which the term “census” may appear on mailable matter
05/13/2010
05/24/2010
(05/13/2010)
Yes
P.L. 111-171, The Haiti Economic Lift Program Act of 2010
05/13/2010
05/24/2010
(05/13/2010)
Yes
P.L. 111-172, The Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act of 2009
05/17/2010
05/24/2010
(05/18/2010)
Yes
P.L. 111-173, To clarify the health care provided by the Secretary of Veterans Affairs that constitutes minimum essential coverage
05/21/2010
05/27/2010
(05/21/2010)*
Yes
P.L. 111-174, The Federal Judiciary Administrative Improvements Act of 2009
05/21/2010
05/27/2010
(05/21/2010)*
Yes
P.L. 111-175, The Satellite Television Extension and Localism Act of 2010
05/17/2010
05/27/2010
(05/18/2010)*
Yes
P.L. 111-176, To designate the Department of the Interior Building in Washington, District of Columbia, as the “Stewart Lee Udall Department of the Interior Building”
05/28/2010
06/08/2010
(06/01/2010)
Yes
P.L. 111-177, The Extending Immunities to the Office of the High Representative and the International Civilian Office in Kosovo Act of 2010
05/27/2010
06/08/2010
(05/27/2010)
Yes
P.L. 111-178, The FBI Families of Fallen Heroes Act
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-179, To designate the facility of the United States Postal Service located at 1210 West Main Street in Riverhead, New York, as the “Private First Class Garfield M. Langhorn Post Office Building”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-180, To designate the facility of the United States Postal Service located at 109 Main Street in Swifton, Arkansas, as the “George Kell Post Office”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-181, To designate the facility of the United States Postal Service located at 101 West Highway 64 Bypass in Roper, North Carolina, as the “E.V. Wilkins Post Office”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-182, To designate the facility of the United States Postal Service located at 43 Maple Avenue in Shrewsbury, Massachusetts, as the “Ann Marie Blute Post Office”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-183, To designate the facility of the United States Postal Service located at 9727 Antioch Road in Overland Park, Kansas, as the “Congresswoman Jan Meyers Post Office Building”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-184, To designate the facility of the United States Postal Service located at 7464 Highway 503 in Hickory, Mississippi, as the “Sergeant Matthew L. Ingram Post Office”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-185, To designate the facility of the United States Postal Service located at 45300 Portola Avenue in Palm Desert, California, as the “Roy Wilson Post Office”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-186, To designate the facility of the United States Postal Service located at 930 39th Avenue in Greeley, Colorado, as the “W.D. Farr Post Office Building”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-187, To designate the facility of the United States Postal Service located at 2-116th Street in North Troy, New York, as the “Martin G. ‘Marty’ Mahar Post Office”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-188, To designate the facility of the United States Postal Service located at 119 Station Road in Cheyney, Pennsylvania, as the “Captain Luther H. Smith, U.S. Army Air Forces Post Office”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-189, To designate the facility of the United States Postal Service located at 216 Westwood Avenue in Westwood, New Jersey, as the “Sergeant Christopher R. Hrbek Post Office Building”
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-190, To amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to extend the operation of such Act for a 5-year period ending June 22, 2015, and for other purposes
06/01/2010
06/09/2010
(06/01/2010)
Yes
P.L. 111-191, A bill to amend the Oil Pollution Act of 1990 to authorize advances from Oil Spill Liability Trust Fund for the Deepwater Horizon oil spill
06/14/2010
06/15/2010
(06/10/2010)
No
P.L. 111-192, The Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act
06/24/2010
06/25/2010
No
No
P.L. 111-193, To designate the facility of the United States Postal Service located at 2000 Louisiana Avenue in New Orleans, Louisiana, as the “Roy Rondeno, Sr. Post Office Building”
06/17/2010
06/28/2010
[06/17/2010]
Yes
P.L. 111-194, A joint resolution to provide for the reconsideration and revision of the proposed constitution of the United States Virgin Islands to correct provisions inconsistent with the Constitution and Federal law
06/30/2010
06/30/2010
No
No
P.L. 111-195, Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
06/28/2010
07/01/2010
[06/24/2010]
No
P.L. 111-196, National Flood Insurance Program Extension Act of 2010
07/01/2010
07/02/2010
No
No
P.L. 111-197, Airport and Airway Extension Act of 2010, Part II
07/01/2010
07/02/2010
No
No
P.L. 111-198, Homebuyer Assistance and Improvement Act of 2010
07/01/2010
07/02/2010
No
No
P.L. 111-199, Formaldehyde Standards for Composite Wood Products Act
06/25/2010
07/07/2010
[06/25/2010]
Yes
P.L. 111-200, Congressional Award Program Reauthorization Act of 2009
06/25/2010
07/07/2010
[06/25/2010]
Yes
P.L. 111-201, Recognizing the 60th anniversary of the outbreak of the Korean War and reaffirming the United States-Korea alliance
06/25/2010
07/07/2010
[06/25/2010]
Yes
P.L. 111-202, To permanently authorize Radio Free Asia, and for other purposes
07/01/2010
07/13/2010
[07/01/2010]
Yes
P.L. 111-203, Dodd-Frank Wall Street Reform and Consumer Protection Act
07/15/2010
07/21/2010
[06/30/2010]
Yes
P.L. 111-204, Improper Payments Elimination and Recovery Act of 2010
07/20/2010
07/22/2010
[07/15/2010]
Yes †
P.L. 111-205, Unemployment Compensation Extension Act of 2010
07/22/2010
07/22/2010
[07/15/2010]
No
P.L. 111-206, Shasta-Trinity National Forest Administrative Jurisdiction Transfer Act
07/19/2010
07/27/2010
[07/19/2010]
Yes
P.L. 111-207, Cruise Vessel Security and Safety Act of 2010
07/19/2010
07/27/2010
[07/16/2010]
Yes
P.L. 111-208, To designate the facility of the United States Postal Service located at 1981 Cleveland Avenue in Columbus, Ohio, as the `Clarence D. Lumpkin Post Office’
07/19/2010
07/27/2010
[07/19/2010]
Yes
P.L. 111-209, To amend the effective date of the gift card provisions of the Credit Card Accountability Responsibility and Disclosure Act of 2009
07/15/2010
07/27/2010
[07/16/2010]
Yes
P.L. 111-210, Approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003
07/27/2010
07/27/2010
[07/27/2010]
No
P.L. 111-211, To protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes
07/27/2010
07/29/2010
[07/23/2010]
Yes †
P.L. 111-212, Supplemental Appropriations Act, 2010
07/29/2010
07/29/2010
(03/24/2010)
No
P.L. 111-213, Independent Living Centers Technical Adjustment Act
07/29/2010
07/29/2010
[07/29/2010]
No

(Parentheses indicate a separate Whitehouse.gov page with a link to Thomas legislative database)
* Page now gone, but it was either directly observed, evidence of it appears in Whitehouse.gov search, or White House says it existed.
[Brackets indicate a link from Whitehouse.gov to Thomas legislative database]

† Bill was posted for five days after final passage, though not formal presentment. Counted as “Yes.”

‡ Link to final version of bill on impossible-to-find page.

E! Emergency legislation not subject to five-day posting

Subsidizing the OECD Is a Bad Investment for American Taxpayers

The federal government is capable of enormous waste, which obviously is bad news, but the worst forms of government spending are those that actually leverage bad things. Paying exorbitant salaries to federal bureaucrats is bad, for instance, but it’s even worse if they take their jobs seriously and promulgate new regulations and otherwise harass people in the productive sector of the economy. In a previous video on the economics of government spending, I called this the “negative multiplier” effect.

One of the worst examples of a negative multiplier effect is the $100 million that taxpayers spend each year to subsidize the Paris-based Organization for Economic Cooperation and Development, which is an international bureaucracy that publishes lots of innocuous statistics but also advocates bigger government and higher taxes in America. This video has the unsavory details, including evidence of the OECD’s efforts to push a value-added tax, Al Gore-style carbon taxes, and Obamacare-type policies.

The OECD’s relentless advocacy of higher taxes (as well as its anti-tax competition agenda) is especially galling since the bureaucrats receive tax-free salaries. Maybe they would be more reasonable if they were not so insulated from the real-world consequences of big government.

Iraq Drawdown: What Took So Long?

President Obama’s announcement that the U.S. will meet the August 31 deadline for removing combat troops from Iraq is welcome news. It is encouraging that the president remains on track to end the war in Iraq as he promised to do.

The president should continue this progress and adhere to the Status of Forces Agreement (SOFA) and remove the 50,000 troops that will remain in Iraq by the end of 2011. Although political and security uncertainties remain, these concerns should not delay the withdrawal. There will always be excuses, especially from those who favored the war at the outset, for an open-ended presence.

Such a policy reversal would be neither warranted nor wise. An expeditious military withdrawal from Iraq, and a handover of security responsibilities to the Iraqi people is in America’s strategic interest. The war in Iraq has already consumed far too much blood and treasure, and our troops are straining under the burdens of repeated foreign deployments.

It appears that President Obama will keep his promise to end the war in Iraq, and bring all the troops home from that shattered land. His decision to dramatically expand the war in Afghanistan, however, signals an unwillingness to truly change the course of U.S. foreign policy in a direction that advances U.S. security, and at far less cost than our current strategy. The war in Iraq was, and still is, a great tragedy. It would be more tragic still if the President and his senior advisers fail to heed the lesson that attempts at nation-building are costly and counterproductive.

Federal Judge Denies Obama Administration’s Motion to Dismiss Virginia’s ObamaCare Lawsuit

From The Los Angeles Times:

RICHMOND, Va. (AP) — Virginia’s lawsuit challenging the Obama administration’s health care reform law has cleared its first legal hurdle.

U.S. District Judge Henry Hudson on Monday denied the Justice Department’s request to dismiss the lawsuit.

Virginia Attorney General Ken Cuccinelli claims that Congress does not have the authority under the Constitution’s Commerce Clause to require citizens to buy health insurance or pay a penalty.

The Virginia General Assembly passed legislation this year exempting state residents from the coverage mandate.

More than a dozen other state attorneys general have filed a separate lawsuit in Florida challenging the federal law, but Virginia’s lawsuit is the first to go before a judge.

Terror Threat: The Calamity Is the Reporting

Early this year, the New York Times published a story entitled “Senators Warned of Terror Attack on U.S. by July.”

America’s top intelligence official told lawmakers on Tuesday [Feb. 2] that Al Qaeda and its affiliates had made it a high priority to attempt a large-scale attack on American soil within the next six months.

The assessment by Dennis C. Blair, the director of national intelligence, was much starker than his view last year, when he emphasized the considerable progress in the campaign to debilitate Al Qaeda and said that the global economic meltdown, rather than the prospect of a major terrorist attack, was the “primary near-term security concern of the United States.”

At Tuesday’s hearing, Senator Dianne Feinstein, Democrat of California and chairwoman of the Senate Intelligence Committee, asked Mr. Blair to assess the possibility of an attempted attack in the United States in the next three to six months.

He replied, “The priority is certain, I would say” — a response that was reaffirmed by the top officials of the C.I.A. and the F.B.I.

One can draw any number of conclusions from the fact that it is August, and no attack has materialized. I’m inclined to focus on the role of the Times and reporter Mark Mazzetti in misconstruing what officials said, while writing a technically accurate account of events.

Read again the blockquoted paragraphs: Officials told lawmakers that al Qaeda and its affiliates had made it a high priority to follow up on the failed attack of December 25th. Asked to assess the probability of attack, DNI Dennis Blair said: “The priority is certain”—whatever that means.

Intentions or priorities are quite distinct from capability, which is an essential prerequisite of committing any attack. Were intelligence officials obscuring this difference? Why didn’t any Senator challenge Blair’s evasive answer? Mark Mazzetti and the Times didn’t tell us.

Instead, the Times reported it as though it were a warning of terror attacks within six months. Mazzetti—a professional writer of English—didn’t investigate the flag Blair sent up with his contorted language.

In our book Terrorizing Ourselves, an excellent group of contributors analyze many different dimensions of the terrorism problem. In this case, I think we have an example of how different segments of our own society—intelligence officials, senators, a major newspaper, and a national security reporter at that newspaper—combined to maintain public fears in the aftermath of the Dec. 25th failed attack.