text:
Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
corey_brettschneider at brown.edu
Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
msl46 at law.georgetown.edu
Sanford Levinson
slevinson at law.utexas.edu
David Luban
david.luban at gmail.com
Gerard Magliocca
gmaglioc at iupui.edu
Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
alice.ristroph at shu.edu
Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
nelson.tebbe at brooklaw.edu
Mark Tushnet
mtushnet at law.harvard.edu
Adam Winkler
winkler at ucla.edu
Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
Recent Posts
Addington Speaks!
Tuesday, June 26, 2007
Addington Speaks!
Marty Lederman
[UPDATED to address the "substance" of the Addington letter]
Call it the Unitary Shadow-Executive.
Heh heh.
Marty, I have a dumb question. Clinton's original executive order seems to have been a response to the Counterintelligence and Security Enhancements Act of 1994,
which "directs the President to establish procedures governing access to [classified] information which shall be binding on all executive departments, agencies, and offices." Is that true?
So, Marty, now it's a problem when someone responds TOO quickly?! I still have yet to see you, or any other law professor, point out a single executive Power VESTED BY THE CONSTITUION in the Office of Vice President.
Why is this still a "story?"
The WH has already stated that the OVP is not covered under this executive order. To the extent that the EO ever applied to the OVP, it has now been orally amended by the President to remove the OVP.
I agree with Hilzoy et al. that WAPO's expose of the Cheney Administration ought to shake the foundations of our political system. There is a new cancer on the presidency--this time it's the office of the vice president. I'm no scholar, but as I recall the VP is essentially undefined, and therefore unconstrained, by the Constitution. Cheney, per Bush, has turned it into an Orwellian monster within the executive branch.
Back to politics, it is important that Bush get hammered mercilessly for being a puppet president. His image as a strong, willful leader ought to be shattered into a 1,000 pieces, though many in the liberal blogosphere (e.g. Tristero) seem to be more worried about sustaining their conception of Bush as the ultimate evildoer. I think it hurts him much more to be revealed as a tool, front man, stuffed shirt, etc. The truth about the Bush presidency is largely out, but Democrats and liberals don't seem to appreciate the significance of it. I think it has the potential to shrink Bush's approval rating to sub-Nixon levels.
Indeed, the VP wins after cutting everyone else out of the loop altogether. And everyone else is incredulous at this radical departure from the ordinary modes of decision making.
When exactly did the VP cut the heads of the various other agencies and departments "out of the loop altogether?" The WP series on Cheney details a series of internal debates with full participation by the various departments who actually had a dog in the fight. Justice and State were upset when they were not included in the CIA and military decision making process concerning POWs, but then again they had no part in the detention of POWs. That was a military matter.
I would suggest that Cheney is a forward strategic thinker who was forming his policy and legal arguments long before the bureaucracy even contemplated the issues. The Confederate cavalry general Nathaniel Bedford Forest is said to have observed that the side which gets to the battlefield "fustest with the mostest" will win. Cheney was submitting detailed legal memorandum to the President long before the slow moving bureaucracy even started thinking about the issues.
Part of the explanation is, of course, that Addington and Cheney win because they are unrelenting. Everyone else in D.C., i.e., the other players in the Executive branch, have gotten to where they are today by learning to compromise and negotiate, to play the give and take of institutional decision making. These guys, however, don't give an inch, while everyone else is still in the reality-based community that they know and love.
Cheney is the one who appears to have a real world outlook on how to win the war on the battlefield and in the political trenches of the Congress and the executive bureaucracy. Being relentless is a common trait among leaders who actually prevail over the bureaucracy.
In a great series of posts, all linked here, Hilzoy concludes that the Becker/Gellman story can only be explained by a bunch of cabinet officials who are dysfunctional, allowing an "insane" process to continue unabated.
This is more of the same "misunderestimation" of one's opponents which cause bureaucrats like Powell to lose consistently to Cheney. There is nothing "insane" about the side which out thinks and out prepares its opposition prevailing on a routine basis. Cheney won and continues to win because he earns the victories.
These articles should be assigned to management classes as studies in what not to do. They describe the exact sort of decision-making process that reliably leads to disaster, and the kinds of personal dynamics that enable it. It's a model of complete organizational breakdown, and it should be studied for generations to come, so that it is never repeated.
I would suggest that Mr. Cheney's tenure as VP will be studied for years by Presidents and Vice Presidents who are struggling to find ways to accomplish goals in face of an intransigent bureaucracy and Congress. Cheney has succeeded where many many others have failed and given up.
Hilzoy's co-blogger Publius offers an even more comprehensive indictment -- of all of us: "The reason Cheney's Office got to dominate the executive branch is because we -- America -- elected a neophyte who lacked the experience, knowledge, and judgment to be president. . . . Our nation's political machinery elevated a grossly inexperienced and ignorant man to the Oval Office. The entirely predictable result is that he would be forced to rely on someone else to make the decisions he wasn't able or willing to make."
Mr. Cheney suggested courses of action. Mr. Bush made the decisions. Mr. Cheney implemented those decisions. Mr. Cheney has turned the OVP into a White House Chief of Staff enforcement office. Mr. Cheney is thus arguably one of the most successful chiefs of staff in history.
This Cheney mess is an excellent example of the kinds of problems our governmental system leads to. I agree that this is a problem of our system, not an issue of individuals in the system. As bad as Cheney might be, he would not be in the position he is in if the system were more effective in putting the right people where they should be. I have argued elsewhere that one solution would be to have the Congress, specifically the House of Representqtives, assume its authority to hire and fire the heads of the president's cabinet. This would have revolutionary effects, and it would not be easy to implement, but perhaps we need a revolution.
Marty, you are such a pinko.
Codification and memorialization are but archaic holdovers to the era of the Pre-Unitary Executive (and era I prefer to call "PrUnE"). During this anachronistic and backwards era, we relied on the President to write executive orders and sign laws for them to become binding upon the Nation. In this new, and englightened era of the Unitary Executive (also known as "UnE"), archaic technologies and practices (i.e., pen, paper, Lexus-Nexus) have been rejected for the efficient and effective method of "Oral Amendment".
Why go through the tedious and time-consuming process of writing, editing and publishing law? Everyone knows that by merely opening his mouth, the President can actually breath law into existence, and substance into law. There's no need to write law down; if the President says something is so, it's so! This worked for Louis XIV (notwithstanding the fact that he was a degenerate Frenchman), and it works for President Bush.
Now we on the fly "oral amendments" of EOs?
Why doesn't Bush just issue blank pieces of paper as EOs, and save even more time?
CONSTITUION (above) should read CONSTITUTION.
P.S. Gary Larsen -- are you suggesting the CONSTITUTION provides the House of Representatives the power to "hire and fire" Cabinet heads? I would be very interested in your argument prior to the next Democratic President.
I suspect many here are allowing their opposition to Mr. Cheney's policies to color their views on Mr. Cheney's methods of gaining political victories.
Would you still oppose Mr. Cheney's methodology if he instead fought and won the political battle to force the troops to retreat from Iraq?
Regardless of whether you agree with Mr. Cheney's policies, his political skill ad acumen in achieving his goals is extremely impressive in this era of gridlock.
I suspect that many of you would love to have Mr. Cheney on your side winning battles for your issues rather than the ongoing failures of the singularly inept Ms. Pelosi and Mr. Reid.
One other observation if I may. Mr. Cheney's relentless and successful pursuit of his goals have hardly resulted in political disaster when compared to the consensus building failures of the Dems in Congress. The voters are unhappy with both branches of our government right now.
Damn, Charles and Bart,
You guys are "apparatchniks." Pure, complete, party loyalists. The world could burn because of this party and you would go down claiming that it is merely a temporary heat wave (but alternatively claiming that it was all caused by Clinton, no doubt).
Executive Orders are amended "orally"? Really? Damn, you really have jumped the shark on that one.
Charles - stop being an idiot. The OVP has been vested duties with respecting to breaking ties in the Senate, but that does not change the character of his office. The Constitution also vests in the Congress the duty to impeach the President/OVP. Are you claiming these prosecutorial powers now transform the Congress into the Executive Branch. Stop being an "ass" and give it up. Even Addington, the inventor of this "theory, retreats from this moronic position. The fact that the Framers gave the OVP this power does not cause a 4th Branch to exist. In any event, Cheney burned that argument in 2001 when he claimed "executive privilege" to keep his meetings with Enron and the other oild folks a secret from us.
Christ, it insults the polity to even discuss this issue.
Would you still oppose Mr. Cheney's methodology if he...
I would oppose anyone who thought themselves above the law (or believed themselves to be able to produce it out of whole cloth), regardless of their political inclinations or acts.
I'll agree that it may be an effective way to realize political goals. By opening up categories between the ones that have been regulated over the years, a Soja-esque third space is created whereby the "subaltern" fascist can manipulate a democratic system to his/her own end. Yesterday, it was the alien unlawful enemy combatant that is neither a prisoner of war nor a civilian. And Gitmo's location between states. Today, it's the hybrid Vice-President's office that is an entity for the purposes of appropriations, but isn't one for the purposes of oversight--the VP himself might just exist between the Executive and Legislative branches. Tomorrow, one can only imagine what categorical nightmares will be unleashed in the pursuit of such political goals.
No the Constitution does not give the House of Representatives the power to hire and fire the department heads-but neither does it deny it to it. It gives the President the powr to nominate and appoint the heads of the departments, but it does not say how these individuals are to be chosen to be nominated. The first Congress, by statute, set up the executive departments, and therein specified that the heads of the departments were to be chosen by the president. Insofar as these are statutes, subsequent to the Constitution, they can be changed by the legislature without any necessity for Constitutional amendment. They could be changed to say that the department heads are to be chosen and are subject to the authority of the House, not the president.
If you'd prefer not to discuss this issue, that's fine by me.
I wasn't suggesting an Amendment to the Constitution was necessary -- good luck getting enough votes to override a Presidential veto though -- I think your proposal would make the concept of "nomination" irrelevant. Thanks for discussing the issue.
If the VP is president of the senate, and Cheney was impeached, wouldn't he preside over his own impeachment?
Jack said...
Executive Orders are amended "orally"? Really? Damn, you really have jumped the shark on that one.
My friend, we are talking about executive orders, not statutes. They can come in any form and they can be changed at the whim of the President because they are his orders.
In case you are asking me that question, I think Cheney could indeed preside over his own impeachment trail (unless he was also "Acting President" under the 25th Amendment, for instance). I think I've now answered every question you've every asked of me. I anxiously await your returned courtesy on the other threads.
As an aside, the Senate has decided to exceed its constitutional authority again by issuing subpoenas for internal deliberations of the Executive over the Terrorist Surveillance Program. They lost this battle before when they subpoenaed the internal documents of Cheney's energy task force.
Perhaps, Mr. Cheney might suggest to the President that he have the AG issue subpoenas to the Dem Caucus in the House and Senate for all their internal documents concerning their plans to force the retreat of US forces from Iraq. After all, the same nonsense which is fair for the goose is fair for the gander.
And Congress wonders why their polls hover at the same level as Richard Nixon just before his resignation...
Better yet, let's get Cheney to start actually presiding in the Senate full time, and then he can really muck things up.
Oral amendments to Executive Orders!!!
A great way to run a government. Bush ordered Guantonomo inmates "mortar boarded" but Cheney heard "water boarded" and here we are.
How stupid is this? Unless Bush is going to personally tell everyone in the Executive Branch, (plus Cheney), his "oral" amendment is going to be memorialized in writing at which point it's no longer oral, but just another EO.
Does the white House even have its story straight on these little mechanics?
I suspect many here are allowing their opposition to Mr. Cheney's policies to color their views on Mr. Cheney's methods of gaining political victories.
Yes, you are right, what I oppose is not Cheney's influence per se, but his position that the President does not have to obey the law and the Vice President does not have to obey either the law or the President. His continual bypass of normal channels is just a symptom of that position.
Fine, if it makes you happy, I will concede your point. The Constitution does not vest any executive powers in the Vice President. I do not see how it logically follows that the Vice President may therefore exercise executive powers without restraint or oversight.
Enlightened Layperson:
Thank you. I will similarly concede that the Vice President is subject to the same exact restraint / oversight in exercising executive Power as the President is. Of course, the President can resign his Office (Nixon) -- so can the Vice President (Agnew) -- what the President cannot do is force the Vice President to resign his Office.
Ultimately, they can both be impeached. What I don't think Congress can do is subpoena either the President and Vice President, forcing them to testify before Congress.
The Constitution does not vest any executive powers in the Vice President. I do not see how it logically follows that the Vice President may therefore exercise executive powers without restraint or oversight.
In fact, not only does the Constitution NOT vest powers in the VP, it specifically vests all executive power elsewhere (in the President). Thus, the VP can NEVER exercise executive power; all he can do is carry out the directions of the President. Or those of Congress (Art. I, Sec. 8, cl. 18).
Regarding impeachment trials, you all seem so knowledgeable but don't know that the Chief Justice of the United States and not the Vice President, preside over Senate impeachment trials.
Is 1998 that long ago that you forget it was Chief Justice Rehnquist and not Vice President Gore who presided over Clinton's impeachment trial?
What stops the President from delegating vested powers to the Vice President?
Please re-read the Constitution, Art. I, Sec. 3: "When the President of the United States is tried the Chief Justice shall preside" -- as President of the Senate, Cheney could indeed preside over his own inpeachment trial.
No particular comment, other than to say that you have done a fine job on this and a number of other issues. So thanks.
My friend, we are talking about executive orders, not statutes. They can come in any form and they can be changed at the whim of the President because they are his orders.
No, they can neither come in "any form", nor can they be changed "at whim." Executive orders are generally developed first through executive branch agencies, following the standard form detailed in 1 CFR 19.1, sent to the AG for review of both form and legality, sent to the Federal Register for final proofreading, then sent to the President to be signed. After that, the order is entered into the Federal Register.
When the President makes an amendment, that requires a new executive order, just as the executive order we're discussing is an amendment of a previous EO made by Clinton.
Likewise, while the President can delegate any of his functions to someone who has undergone Senate review, he's still required to announce that delegation through publication (3 USC 301).
PMS_Chicago said...
BD: My friend, we are talking about executive orders, not statutes. They can come in any form and they can be changed at the whim of the President because they are his orders.
No, they can neither come in "any form", nor can they be changed "at whim." Executive orders are generally developed first through executive branch agencies, following the standard form detailed in 1 CFR 19.1, sent to the AG for review of both form and legality, sent to the Federal Register for final proofreading, then sent to the President to be signed. After that, the order is entered into the Federal Register.
When the President makes an amendment, that requires a new executive order, just as the executive order we're discussing is an amendment of a previous EO made by Clinton.
Likewise, while the President can delegate any of his functions to someone who has undergone Senate review, he's still required to announce that delegation through publication (3 USC 301).
None of these formalities are required under the Constitution. These formalities are used to advise the President and to inform the bureaucracy of the order.
The President can damn well decide whether to give an order orally or in writing.
The President need not consult with anyone before he gives an order because he is the sole executive under Article II. The AG works for the President and has no independent constitutional power to change or deny an executive order. The review process is simply to provide advice to the President.
The President is not free from all legal encumbrances other than your de novo reading of the Constitution, Bart.
Setting....the Oval Office...
Bush (yelling down the hall): Mr. Vice President!
Cheney: Ya, George?
Bush: Mr. Vice President, you remember that Executive Order I made? Just so were clear, the bad parts of that didn't apply to you.
Cheney: Thanks George. Run along now.
By the way Bart, I didn't see in the Constitution where the President was permitted to make executive orders in the first place...
What stops the President from delegating vested powers to the Vice President?
The definition of the word "vested". Where in the Constitution does it say the President can give some of his (I-thought-it-was-unitary) Executive power to anyone else?
Is 1998 that long ago that you forget it was Chief Justice Rehnquist and not Vice President Gore who presided over Clinton's impeachment trial?
Charles is correct that the Constitution does not say who presides over the impeachment of the VP. The Senate rules (and common sense) provide that the CJ will do the honors.
Even if Bush didn't have the chops to make decisions himself -- and in that respect, he wouldn't be alone among Presidents -- what explains his constant deference to Cheney, and his refusal to listen to any of his other trusted advisers?
Um… you're assuming that there are "other trusted advisers". I don't think that there are.
Just who is it that Bush does trust, really?
One of the themes that evolved from the recent DOJ thrash was the existence of a "core political family" of sorts surrounding Bush. Its members are all all-too-familiar names--Rove, Meiers, Gonzales, etc.--and, of course, Cheney. At this point, it seems clear that if you're in this group, you're golden, you're special, you've got the boss's ear, and the President's hypertrophied sense of loyalty will protect you to the extent that almost no amount of bad behavior will hurt you (I say "almost" here because I sense that Rumsfeld was part of this group, but... well, sacrifices sometimes have to be made, sigh).
I would suggest that these are the people whom the President trusts, period, end of story. Because he trusts them, he's perfectly willing to delegate to them, to listen to them, to accept their advice, rely upon them, and so on. I suspect that there's something pathological here in that this group also represents the sum total of everyone that Bush is capable of trusting... and consequently, all of the people you'd normally expect to be "trusted advisers" are pretty much there pro forma.
A corollary, of course, is that if you're not part of the inner circle, your opinions are valued only to the extent that they coincide and support those of the inner circle. Pressing a conflicting opinion might get you fired or reassigned to the Bermuda Triangle; but most likely, it'll simply cause you to be marginalized, sidelined, out of the loop... and worst of all, ignored. Bummer...
I agree that, working within the present structure, it would be practically impossible to change the structure. There is a tremendous investment in the status quo among all parties, no matter how bad that structure is. That is why I have said we need a revolution. My proposal at this point is only an argument of possibility.
Mark Field:
Sorry, but PMS_Chicago already posted the statute (3 USC 301) that deals with the President delegating his "vested" powers. Better luck next time.
Gary Larsen:
Thanks for agreeing, but I hope you'll understand that I cannot join in your call for a revolution (18 USC 2385).
If the President issues an "Oral Amendment" and no one is there to hear it, it is still binding law. That no one may have heard the original "Oral Amendment" is immaterial shall be no defense in cases in which the "Oral Amendment" is violated.
Likewise, when an "Oral Amendment" remains unspoken, it may be called a "Mental Amendment". These, too, are binding law. Citizens who wish to avoid crossing the President and violating the law best come to understand this.
Mark Field:
Sorry, but PMS_Chicago already posted the statute (3 USC 301) that deals with the President delegating his "vested" powers. Better luck next time.
Congratulations. It's not often you can make two errors which undercut your whole argument in one sentence.
First, this argument gets you in real trouble. By relying on it, you acknowledge that Congress has power to control the actions of the Executive Branch. That makes Cheney subject to Congressional rules. Including, specifically, the rule set forth in the EO which was promulgated pursuant to this code section.
Second, you're simply wrong about what the statute does. Just so we're clear, here's the statute:
"The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part."
It does NOT permit the President to delegate his power. In fact, it specifically holds him responsible for any acts performed by others. What it does do is allow him to designate others to perform his functions. "Functions /= "powers". That's why the President continues to be responsible even though the action was performed by one of his minions.
As a bonus point, note that the statute specifically precludes any "I changed it orally" defense.
One of the themes that evolved from the recent DOJ thrash was the existence of a "core political family" of sorts surrounding Bush. Its members are all all-too-familiar names--Rove, Meiers, Gonzales, etc.--and, of course, Cheney. . . A corollary, of course, is that if you're not part of the inner circle, your opinions are valued only to the extent that they coincide and support those of the inner circle.
An interesting insight, and one worth further consideration. Note the important difference here. Figures like Powell, Gates and (like it or not) Ashcroft are people of considerable ability who made it to prominence on their own without any help from Bush. Whereas figures like Gonzales, Miers or Rove are hacks who owe their entirely careers to W's patronage. That makes them more "reliable."
That could explain Rumsefeld who is, so far as I know, a man of considerable abilility, though not the abilities we needed in Iraq, and whose overall career was independent of Bush. Maybe he was not part of the inner circle, just someone who told the inner circle what they wanted to hear.
But, I confess, this explanation does not account for Cheney, whose abilities are considerable, and who distinguished himself apart from George W.
Whatever it is that Cheney has, it has been operative since he chose himself as Bush's running mate, so we have to hunt at least that far back for reasons.
Mark Field:
I never said the President is magically not responsible for any acts performed by others. What is YOUR definition of "empower"?
Can you respond to the substance of Mark's post; you know, the part that takes apart your argument? If you can't, and if you cannot accept that you were mistaken, please at least apologize for your attempt to misdirect the response.
Which part would that be, Fraud Guy? I have no problem with the part of Mark's post that states the obvious -- of course Congress has the power to control the actions of the Executive Branch -- the powers of the purse and impeachment being the most evident. However, even those are not unlimited, to the extent Congress un-Constitutionally infringes on executive Power, for instance. Ergo, my disagreement and question -- I thought that was obvious in asking what the definition of "EMPOWER" is -- stems from Mark's unsustantiated claim that Congress has somehow forbid the President from delegating any executive Power. But, don't worry, I'm sure that Mark can defend himself just fine without your valient assistance.
When he does, perhaps he can address the following as well:
Message of the President
To the Congress of the United States:
I herewith transmit my plan for the Reorganization of the Executive Office of the President (EOP), Reorganization Plan No. 1 of 1977 . . . The operations of the Office of the Vice President reflect the combination of constitutional, statutory, and Presidentially assigned duties that make it unique among EOP units. Because his interests and assignments cover the same range as the President's, the Vice President requires a staff with expertise in diverse areas. Its basic functions should not be changed. However, I propose that certain support functions—involving accounting, personnel services, and supply—be transferred to a centralized EOP Administrative Unit . . .
Jimmy Carter
The White House, July 15, 1977.
This is becoming like a broken record: if it was O.K. for every President in the past to do something, why is it now suddenly morally wrong and the end of our democratic republic as we know it?
Bart DePalma said...
As an aside, I observed yesterday that the Senate exceeded its constitutional authority again by issuing subpoenas for internal deliberations of the Executive over the Terrorist Surveillance Program. They lost this battle before when they subpoenaed the internal documents of Cheney's energy task force.
The Executive just told the Senate to take a hike concerning June subpoenas directed at Rove and Miers. I expect the same response concerning the TSP given that the Intelligence Committees have all been briefed.
Charles - I concede your point. It is interesting that the Constitution expressly states who presides over the President's impeachment but not on anyone elses. Since I don't believe in an expansive/living interpretation of the Constitution, then Cheney would indeed preside over his own impeachment.
I wonder what would have happened in 1973 had Spiro Agnew not resigned?
Finally, I am puzzled why anyone here or in Congress believes that somehow the Justice Department or any other executive branch agency cannot be directed or overruled by the President on anything. The Constitution is explicit that the executive branch is invested in one person, the elected president.
When I see reporters scowl with disapproval that the "White House" may have tried to influence a cabinet agency I begin to wonder if they ever took a U.S. civics class.
The power of the Congress to control the actions of the Executive is most evident in the passage of laws. If the Congress passes a law, it is the requirement of the Executive to execute them. If the President decides that a bill sent to him is or has unconstitutional, he can veto it, outlining his objections, and the Congress can either modify its legislation according to his objections, or attempt to override the veto. In either case, if they then repass the legislation, it becomes law.
Now you are technically correct that the coercive measure Congress has to force compliance with this is impeachment, but a President who felt that they were complying with the Constitution would follow it, and the laws that Congress passed, and not ignore or attempt to do an unconsititutional line item veto with a signing statement.
You relish the lawlessness of this administration, and feel they should only respond to force majeure. When did you stop believing that the Constitution is the law of the land? When did you start your revolutionary attempts to overthrow the laws of the US?
The Bush family personally benefitted to the tune of approximately $1 billion in the buyout of Dresser Industries by Halliburton orchestrated by Dick Cheney at just about the same time Cheney "nominated" himself as Bush's running mate. As described in Kevin Phillip's book. They got the added benefit of having a huge potential asbestos litigation liability transferred from a business in which the Bush family had a large stake, to Halliburton. Halliburton took the heat of a shareholder lawsuit over the issue. And of course, tort reform was high on the list of administration priorities pre-9/11. Nobody seems to want to write about this.
Follow the money. Cheney got his power from W. the old-fashioned way: he bought it.
This is becoming like a broken record: if it was O.K. for every President in the past to do something, why is it now suddenly morally wrong and the end of our democratic republic as we know it?
What in the Carter EO you posted above are we supposed to assume is the same as the current situation?
If the OVP is a "unit" of the EOP, as you've pointed out for us, then guess what? That's right, it's an entity in the executive branch!
If it's an entity in the executive branch, then its handling of classified materials is clearly subject to the rules of executive order 13292, regardless of any hemming and hawing about actual intent.
Charles wrote:
In case you are asking me that question, I think Cheney could indeed preside over his own impeachment trail (unless he was also "Acting President" under the 25th Amendment, for instance). I think I've now answered every question you've every asked of me. I anxiously await your returned courtesy on the other threads.
I was only fielding a general question relevant to the thread/posting - don't take it personally. I'm sure everyone appreciates staying relevant to the thread.
I won't take it personally if you refuse to answer my questions, even though I answered all of your questions.
I was referring specifically to "[t]he operations of the Office of the Vice President reflect the combination of constitutional, statutory, and Presidentially assigned duties that make it unique" to the point that the Vice President himself is not exclusively within the Executive or Legislative branch. Once we decide whether it is an "entity" then we will hopefully be able to answer if it is a "unit".
I never stopped believing that the Constitution is the law of the land, and I dispute the conclusion that disagreeing about this separation of powers issue means I started any revolutionary attempt to overthrow (legitimate) laws of the U.S.
That being said, I think if Congress passes a clearly un-Constitutional law over the President's veto, the President does NOT have to enforce that law. In fact, the Constitution never empowers the President to enforce un-Constitutional statutes. He no more has the power to enforce such statutes than he has power to enforce the statutes of Georgia or Germany. The President's duty to preserve, protect, and defend the Constitution requires the President to therefore disregard un-Constitutional statutes. Although I don't agree with everything in this OLC memo, it's a good starting point if you want to discuss further:
CHarles wrote:
I won't take it personally if you refuse to answer my questions, even though I answered all of your questions.
Which questions in this thread did you address to me did I not respond to? If there were any, is it really worth taking it personally?
In fact, the Constitution never empowers the President to enforce un-Constitutional statutes.
Please cite this from the Constitution. The President's opportunity to object to what he perceives to be an unconstitutional bill is the veto. If Congress overrides that veto, he is required to faithfully execute the laws. Under current construction, if he further wishes to object to the constitutionality of a law, he can take it through the courts.
You are continuing your assault on the Constitution by not only avoiding the plain language, but also by adding your own amendments. Please cite where in the Constitution or any amendments where it plainly states that the President can ignore, as opposed to execute, the laws.
My relevant cites:
he shall take Care that the Laws be faithfully executed
What is a Law?
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Are you propsing a new amendment? The line-item veto you are suggesting was already struck down. Again, I ask, how long has it been since you began your attempts to undermine the Constitution? (At least two months at this site that I can tell.) Now, if another witness will come forward....
Right before the part about "faithfully executing the laws" there's this little part about preserve, protect, and DEFEND the Constitution, the SUPREME law of the land. I already gave you the OLC memo on the subject drafted during the CLINTON Administration (in case you really think Bush is the first President to think of this).
0 for 2.
#1. I never brought up Clinton, you did. You seem to have this unnatural fascination with putting Clinton and Bush together.
#2. The method provided for in the Constitution for the President (i.e., to do what your summed cite states) to prevent un-Constitutional laws is the veto (or, as current construction allows, he can challenge them through the courts to the Supreme Court). Is there some super secret amendment that states he can also ignore the Laws, instead of "faithfully executing" them? You still have not cited it.
When did you stop supporting constitutional Presidential actions? Why do you support faithfulness in marriage but not in the President? (Ah, this is where your ambivalent support for Clinton comes from).
I won't take it personally if you refuse to answer my questions, even though I answered all of your questions.
Which questions in this thread did you address to me did I not respond to? If there were any, is it really worth taking it personally?
I just said I wouldn't take it personally. What part of that don't you understand?
The part where you claim your disatisfaction in other threads as a basis for 'taking it personally' from your earlier posting in this thread.
Charles wrote:I never claimed to take it personally.
Then it should no problem to explain which questions you posed to me in this thread that I didn't address.
It's no problem -- I didn't ask you any questions on this thread -- I answered all of your questions though. I made it clear at 2:36 PM that my questions you've declined to answer were on other threads.
Charles wrote:
It's no problem -- I didn't ask you any questions on this thread -- I answered all of your questions though. I made it clear at 2:36 PM that my questions you've declined to answer were on other threads.
So you didn't get the responses you wanted in some particular discussion, and that's your basis for taking it personally and stalking me from thread to thread on some kind of campaign of personal slander.
For the last time, I'm not taking it personally -- neither am I "stalking" you -- feel free to have the last word on this issue.
Charles wrote:
For the last time, I'm not taking it personally -- neither am I "stalking" you
Then why bring up what you see as unaddressed issues from different discussions into this thread or any other?
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Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014)
Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013)
Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013)
Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010)
Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009)
Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009)
Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006)
Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006)
Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
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Fuel injection, ECUs and the pressure of NASCAR racing
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SAN FRANCISCO -- NASCAR this season embraced one of the most significant engine-performance changes in the past 50 years: It mandated fuel-injection, throwing over 50 years of carburetor use fondly remembered by engineers and mechanics.
It was a high-profile switch, and all eyes were on the teams this season to see how fuel injection would stand up to brutal race track environments. And no one was more in the center of that collective gaze than Freescale and McLaren Electronic Systems.
The two companies, which have worked together on automotive electronics designs since 2000, won the bid to supply the engine-control unit managing the new fuel-injection systems starting this season. The McLaren TAG-400N--designed specifically for NASCAR Sprint Cup Series cars--controls eight-cylinder race engines with Freescale Power Architecture MCUs at its core. Freescale's microcontroller evaluates data from sensors all over the engine, then determines the precise amount of fuel to be delivered to the engine's manifoldat about 1,000 times per second.
It wasn't a huge jump for the pair--a version of the TAG-400 has been used by the Indy Racing League (IRL) since 2007--but NASCAR is big, and there was considerable pressure to perform. On top of that, NASCAR's biggest race every season is its first, the Daytona 500. If the ECUs fail during that race, it's a big black eye on Freescale, McLaren and other components vendors in the system.
"It (the change) was about competition on the track," said Steve Nelson director of marketing for the Americas at Freescale. "When you change the competition--introduce a new golf ball or whatever--changing that introduces risk. How is it going to work out?"

subset: commoncrawl


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SHARKTANK: Trip to Dubai - Winner Announced!15-Feb-2013
We're delighted to be able to announce the winner of our trip to Dubai from our 'Unlock the Sharktank' competition which has been running for the past couple of months.
The draw was held in the Spen Cama Pavilion's Boardroom this afternoon at The BrightonandHoveJobs.com County Ground, Hove, with the help of Sussex's Professional Cricket Manager Mark Robinson, and of course Sid the Shark!
One lucky winner was pulled out the hat to join the squad on their pre-season trip to Dubai in March.
Want to find out if you won? Watch the video above to find out if you're joining Mark and the troops next month...!


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Fans celebrate the life of the "Godfather of Go-Go" in front of the Howard Theatre in Washington.
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Emporia State students qualify for national competitionMarch 26, 2012
Nine Emporia State students have qualified for the national Phi Beta Lambda competition this summer in San Antonio. The students qualified by competing at the state contest earlier this month.
The students and their rankings are:
- Blake Ballinger of Olathe, business education major — business presentation, second with teammate Becky Fraker; business law, second; management concepts, first; marketing concepts, second.
- Russell Cornelius of LaCygne, business administration major — financial services, first; small business plan, first.
- Jessica Dhority of Reading, business education major — sales presentation, second; business presentation, first; digital video, first with teammate Shannon Mangnall.
- Becky Fraker of Shawnee, business education major — business presentation, second with teammate Blake Ballinger.
- Shannon Mangnall of Marysville, business education major — future business teacher, third; digital video, first with teammate Jessica Dhority.
- Kelly Oltman of El Dorado, business education major — business ethics, first with teammate Mallory West.
- Mallory West of Lawrence, business education major — business ethics, first with teammate Kelly Oltman; future business teacher, second; business law, first.
- Jacob Winkler of Marysville, information systems major — computer applications, third.
In addition, the entire Emporia State chapter placed first in free enterprise project and second in parly pro demonstration.
Check out our students' achievements and accomplishments on Emporia State's meritpages.com site


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Third show of Summer Theatre season is 'Drinking Habits'July 2, 2013
Emporia State University Theatre is proud to present Tom Smith's "Drinking Habits," a farce that is second to "nun." Winner of the 2004 Robert J. Pickering Award for Excellence in playwriting, this zany farce is sure to have audiences rolling in the aisles.
"Drinking Habits" is the story of two nuns, Sister Philamena (Aubrey Near, Senior, Independence) and Sister Augusta (Madison Hoge, Junior, University of Nebraska- Kearney) of the Sisters of Perpetual Sewing who have kept the doors to their convent open by making, bottling and selling wine. When two reporters, (and former lovers) Paul (Alum Noah Mefford, Burlington) and Sally (Marah Melvin, Senior, Iola) go undercover as a nun and priest, their presence, combined with the addition of a new nun, Sister Mary Catherine (Kylie Geiman, Sophomore, Louisburg) spurs paranoia throughout the convent.
Afraid of being shut down, wine and secrets are spilled in an attempt to preserve the convent. The leaders of the convent, Mother Superior and Father Chenille are played by Samaria Fleeing (Senior, Emporia) and Michael Stauffer (Senior, Newton). Their efforts to sort out the slamming doors, a magician's trunk, cases of wine and mysterious visitors from Rome only add to the confusion and the laughs.
The production is under the direction of Jim Bartruff. Rick Rasmussen is the set and costume designer. Mark Warner (Sound Design, Senior, Salina), Kelly Roberts (Assistant to the costume designer, Senior, Hutchinson), and Lexey Jost (Stage Manager, Senior, Hutchinson) will be busy behind the scenes. "Drinking Habits" runs July 10–13 at 7:30 p.m. in the Karl C. Bruder theatre. Individual tickets and season passes are available from the university box office at 620-341-6378.
Check out our students' achievements and accomplishments on Emporia State's meritpages.com site


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The Division of Student, Family, and School Support is responsible for administering and supervising federal and State programs to improve the teaching and learning of students who are at risk of academic failure an to help to facilitate the emotional, mental, and physical health needs of all students.
October is National Bullying Prevention Month
Technical Assistance Bulletin for Implementing Maryland's Model Policy to Address Bullying, Harassment, or Intimidation (November 2013)
The Division administers programs through the following Branches:
Youth Development Branch The Youth Development Branch provides leadership, direction, coordination, supervision, and support for the Twenty-First Century Community Learning Centers program, Maryland Student Service Alliance (MSSA), Character Education Office, Maryland Association of Student Councils, and the Maryland Chess program.
Program Improvement and Family Support BranchThe Program Improvement and Family Support Branch helps support local school systems and schools that have high concentrations of children from low-income families. This support includes planning, operating, and evaluating, programs for educationally disadvantaged students. The Branch is responsible for the federal Title I program - Improving the Academic Achievement of the Disadvantaged. Under Title I, specialists oversee the Maryland Parent Advisory Council (M-PAC), Home Instruction for Parents of Preschool Youngsters (HIPPY), Family Reading Plan, Take 15 for the Family, as well as the Even Start Family Literacy Program. In addition, migrant students are provided summer learning opportunities, neglected and delinquent students are being served in State institutions, middle school teachers are being served through the Increasing Proficiency for All Students (I-PAS)/Challenge Initiative, and homeless children receive support through the McKinney-Vento Education for Homeless Children and Youth Program.
Student Services and Strategic Planning BranchThe Student Services and Strategic Planning Branch (SSSP) is responsible for providing leadership and technical assistance to local school systems with the implementation of programs and initiatives to facilitate the emotional, mental, social, and physical health of all students. These programs and initiatives include guidance and career development, school psychology, pupil personnel, school social work, school health services, safe and supportive schools, dropout prevention and alternative programs, home instruction, and initiatives to reduce disruption and violence, address at-risk behaviors, and facilitate achievement. The branch works collaboratively with other agencies, community organizations, and stakeholder groups around these initiatives.
In addition, this branch is responsible for programs and initiatives to improve teaching and learning for at-risk students and low-performing schools. These programs include the Bridge to Excellence in Public Schools program, the Ed-Flex Demonstration Program, the Rural and Low-Income Schools Program, and the State-funded Nonpublic Textbook Program. Under the Bridge to Excellence in Public Schools Program, each school system is required to submit to MSDE a comprehensive Master Plan, to be updated annually, designed to improve achievement for all students and eliminate achievement gaps among groups of students.
Office of School Innovations
The Office of School Innovations (OSI) is responsible for providing leadership, support and accountability to new educational initiatives in Maryland Public Schools through the effective design, development and implementation of creative and innovative programs. These innovative programs support the mission of MSDE by providing innovative products and services to enhance academic achievement for students across the state. This includes providing leadership for the development and implementation of the Maryland Public Charter School Program. Public Charter Schools are one of the Federal and State sanctioned restructuring designs for schools in restructuring status pursuant to No Child Left Behind.
OSI Works directly with local boards of education and superintendents to provide guidance and technical assistance on best authorizing practices as well as assistance in implementing the public charter school law; offers guidance and delivers technical assistance to perspective charter school operators and charter school leadership; provides management, accountability and oversight of the federal grant program as well as all personnel assigned to the management of this grant; and provides leadership, support, and assistance to an innovative Statewide school -the Maryland Public Residential Boarding Education Program operated and managed by the SEED Foundation.
Theresa Pack, Administrative Specialist
Maryland State Department of Education
Division Of Student, Family, and School Support
200 West Baltimore, Street
Baltimore, MD 21201-2595
Email: email@example.com
410-767-0275 (office)
410-333-8148 (Fax)


text:
|July 8, 2009
|Santa Rosa, CA [large map] 38.4456, -122.718
|norcal, bay area, howarth park
|Short Track
The excitement of short track mountain bike racing comes to Howarth Park. Mountain bike racing is fast, fun and good for you too. These races are for anyone who would like to try mountain bike racing on a short course, all skill levels are welcome. All you need is an off-road bicycle, a helmet and a desire to have a blast! The course is approximately 1 mile and consists of smooth, rolling dirt trails. Racers can enter the appropriate category for their skill level and will race for a set length oftime depending on experience.
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Still munching on it.
You either practice or genuinely try to practice the Dhamma and accept its main philosophical propositions or you do not. If you do you are a Buddhist, and if you do not you are not. You can be a former Buddhist, you can be a bad Buddhist (a far from endangered species) but you cannot be a non-practicing Buddhist.


text: A nightstand or bedside table is a useful piece of accent furniture for storage and style in your bedroom. It can double as a tray or bookcase, holding your alarm clock, glasses, or water tumbler. We feature many options crafted from wrought iron, in nautical themes, or classic pieces which range from minimalist to ornate in design. Unusual models with glass tops and slatted shelves beneath even come with an attached lamp for convenient nighttime reading.


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- aerospace [4]
- construction [9]
- consumer products [4]
- customer service [1]
- energy systems [10]
- finance [2]
- healthcare [33]
- industrial products [7]
- IT & telecom [1]
- logistics [26]
- military, defense, safety [5]
- science and education [26]
- social research [18]
- technology [25]
- логистика [4]
- asset management [3]
- business processes [16]
- communication networks [2]
- epidemiology [10]
- freight traffic modeling [8]
- labour market [3]
- management [23]
- manufacturing processes [14]
- market modeling [7]
- marketing [8]
- personnel [3]
- strategic management [12]
- supply chain management [13]
- перевозки [4]
- стратегический менеджмент [2]
- управление цепочками поставок [2]
- agent based modeling [79]
- discrete event modeling [46]
- multimethod modeling [30]
- system dynamics modeling [40]
- агентное моделирование [2]
Dynamic Recovery Policies for Time-Critical Supply Chains under Conditions of Ripple Effect Dmitry Ivanov, Boris Sokolov, Inna Solovyeva et al.
We consider time critical supply chains in the Australia dairy industry and re-covery policies in the presence of the ripple effect. Ripple effect is the impact of a dis-ruption on supply chain economic performance and disruption-based scope of changes needed in the supply structures and parameters to preserve the resilience. First, we de-scribe the ripple effect in general and one example of the ripple effect in the dairy supply chain in Australia. Second, we present a model for reactive recovery policies in the dairy supply chain under conditions of the ripple effect and exemplify them on a simulation example. The results of this study can be used in future for comparing proactive and re-active approaches to tackling the ripple effect from resilience and flexibility views.» Mehr lesen
Strategic Planning of Logistics for Offshore Arctic Drilling Platforms Supported by Simulation Andrey A. Malykhanov, Vitaliy E. Chernenko
The operation of offshore drilling platforms requires a lot of logistics: supply of platforms by platform supply vessels (PSVs), backward transportation of waste in containers and transportation of oil by tankers to export ports. The severe weather conditions of the Arctic Ocean increase the number of possible disruptions that influence the logistic system. The operation of PSVs and tankers has multiple constraints and interactions. An agent-based simulation has been developed in AnyLogic to support the strategic planning of logistics by year 2042. The presentation discusses the use of the model to determine the required number of vessels and compare different options of crude oil outbound logistic network design.» Mehr lesen
Simulating Construction Bidding Using Agent-Based Modeling Sadegh Asgari, Ali Shafaat
Competitive bidding is the main mechanism for allocation of construction projects and consequently price determination of the construction services in the A/E/C industry. While different aspects of construction bidding have been studied in the literature, there is still a need for developing a comprehensive model that captures the complex dynamics of bidding environment by considering interactions among its components, most importantly construction contractors. This paper discusses the advantages of agent-based modeling in simulating the construction bidding process over the previously applied methodologies.» Mehr lesen
Partial Paradigm Hiding and Reusability in Hybrid Simulation Modeling Using the Frameworks Health-DS and I7-Anyenergy A. Djanatliev, P. Bazan, R. German, University of Erlangen-Nuremberg. Winter Simulation Conference, 2014.
Many complex real-world problems which are difficult to understand can be solved by discrete or continuous simulation techniques, such as Discrete-Event-Simulation, Agent-Based-Simulation or System Dynamics. In recently published literature, various multilevel and large-scale hybrid simulation examples have been presented that combine different approaches in common environments.» Mehr lesen
Modeling Country-Scale Electricity Demand Profiles M. Pruckner, D Eckhoff, R. German, University of Erlangen-Nuremberg. Winter Simulation Conference, 2014.
All over the world, and in particular in Germany, a trend toward a more sustainable electric energy supply» Mehr lesen
including energy efficiency and climate protection can be observed. Simulation models can support these
energy transitions by providing beneficial insights for the development of different electricity generation mix
strategies in future electric energy systems.
including energy efficiency and climate protection can be observed. Simulation models can support these
energy transitions by providing beneficial insights for the development of different electricity generation mix
strategies in future electric energy systems.
An Agent-Based Explanation for 20th Century Living Situation Changes in America's Severely and Persistently Mentally Ill Population Kyle L. Johnson, Dr. Dimitris Alevras, IBM Global Business Services; Dr. John Docherty, Dr. Erin Falconer, Otsuka Medical Affairs. AnyLogic Conference 2014
The largest public mental health facility in the United States is not a hospital; it is the Los Angeles County Jail. This paper describes an agent-based approach to explaining why prisons and jails house so many of America's most seriously mentally ill. It traces this fact to the differing ways in which various housing situations react to mental illness and to legislation passed in the 1960's, which allocated public funding away from state mental hospitals.» Mehr lesen
Electric Vehicle Driver Simulation using Agent-Based Modeling Beaudry Kock, Recargo, Inc., 2014
Recargo has been developing an agent-based model with the AnyLogic tool to help us simulate the charging patterns of electric vehicle drivers in California. Our goal is to better understand the potential value from delivering electricity grid services with these vehicles. Development has only been underway for a few weeks, but in that time we've been able to use AnyLogic's accessible interface and Java coding tools to quickly build and test a proof-of-concept model with which we can explore the potential for a more sophisticated and complex effort.» Mehr lesen
The GAP-DRG Model: Simulation of Outpatient Care for Comparison of Different Reimbursement Schemes Patrick Einzinger, Niki Popper, Felix Breitenecker et al., Proceedings of the 2013 Winter Simulation Conference
In healthcare the reimbursement of medical providers is an important topic and can influence the overall outcome. We present the agent-based healthcare model, which allows a comparison of reimbursement schemes in outpatient care. It models patients and medical providers as agents. In the simulation of healthcare system, patients develop medical problems (i.e., diseases) and a need for medical services. This leads to utilization of medical providers. The reimbursement system receives information on the patients' visits via its generic interface, which facilitates an easy replacement. We describe the assumptions of the model in detail and show how it makes extensive use of available Austrian routine care data for its parameterization. The model design is optimized for utilizing as much of these data as possible. However, many assumptions have to be simplifications. Further work and detailed comparisons with healthcare data will provide insight on which assumptions are valid descriptions of the real process.» Mehr lesen
A Hybrid Simulation Model for Large-Scaled Electricity Generation Systems Marco Pruckner, Reinhard German, Proceedings of the 2013 Winter Simulation Conference
Due to the transition towards a sustainable energy supply, many electricity generation systems are faced with great challenges worldwide. Highly volatile renewable energy sources play an important role in the future electricity generation mix and should help compensate the phase-out of nuclear power in countries such as Germany. Simulation-based energy system analysis can support the conversion into a sustainable future energy system and are intended to find risks and miscalculations. In this paper we present main components of the electricity generation system models. We use a hybrid simulation approach with system dynamics and discrete event modules. This modular design allows quick model adoptions for different scenarios. Simulation results show the development of the future annual electricity balance, CO2 emission balance, electricty imports and exports, and the wholesale price of electricity.» Mehr lesen
Prospective Healthcare Decision-Making By Combined System Dynamics, Discrete-Event And Agent-Based Simulation Anatoli Djanatliev, Reinhard German, Proceedings of the 2013 Winter Simulation Conference
Prospective Health Technology Assessment allows early decision making for innovative health care technologies. In our recent publications a hybrid simulation approach with System Dynamics and Agent-Based Modeling has been presented. This paper presents a mechanism to generate agents dynamically from SD models and extends the previously presented hybrid approach by process-oriented Discrete Event Simulation for hospital modeling.» Mehr lesen


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Sinusitis is inflammation of the sinus cavities. The sinus cavities are air-filled spaces in the skull. It is usually associated with infection.
Sinusitis is called acute if it lasts for less than 4 weeks, subacute if it lasts 4-12 weeks, and chronic if symptoms last for more than 3 months. You may have recurrent sinusitis if you have repeated bouts of acute sinusitis.
Infectious sinusitis is caused by a bacterial, viral, or (rarely) fungal infection of fluid in the sinus cavities.
Risk Factors
Factors that may increase your chance of sinusitis include:
- Recent viral infection
- Smoking or exposure to second-hand smoke
- Other sources of indoor or outdoor air pollution
- Allergies or asthma
Abnormalities of the facial bones, sinuses, or nasal passages, such as:
- Deviated septum
- Nasal polyps
- Cleft palate
- Large adenoids
Certain chronic illnesses, including:
- Cystic fibrosis
- Kartagener's syndrome (a chronic lung disease) and immotile cilia syndrome
- Wegener's granulomatosis—rare disease that causes blood vessel walls to become inflamed
- Sarcoidosis
- HIV infection and other disorders of the immune system
- Diabetes
- Head injury or a medical condition requiring a tube to be inserted into the nose
- Cocaine and other drugs inhaled through the nose
Sinusitis may cause:
- Facial congestion or fullness
- Facial pain or pressure that increases when you bend over or press on the area
- Headache
- Cough, which is often worse at night
- Nasal congestion not responding well to either decongestants or antihistamines
- Runny nose or postnasal drip
- Thick, yellow, or green mucus
- Bad breath
- Ear pain, pressure, or fullness
- Fever
- Fatigue
- Dental pain
Your doctor will ask about your symptoms and medical history. A physical exam will be done. Sinusitis is diagnosed based on its symptoms and tenderness of the sinuses when pressed.
Tests may include:
- Holding a flashlight up to the sinuses to see if they light up
- CT scan or x-ray of the sinuses to look for fluid in the sinus
- Endoscopic examination of the sinuses—threading a tiny, lighted tube into the nasal cavities to view the sinus opening
- Removing sinus fluid through a needle for testing (rare)
You have may acute sinusitis when the following occurs:
- History of 10 or more days of colored mucous, or visibly infected mucus
- Tenderness over the sinuses
- Fever
- Difficulty smelling
Home Care
- Hydrating—Drinking lots of fluids may keep your nasal secretions thin. This will avoid plugging up your nasal passages and sinuses. Saline nasal sprays or irrigation may also loosen nasal secretions.
- Using steam treatments—Keep a humidifier running in your bedroom. Fill a bowl with steaming water every couple of hours. Make a steam tent with a towel over your head. This will let you breathe in the steam.
- Nasal and sinus washes.
- Antibiotics—Used to treat bacterial infections.
Over-the-counter pain relievers.
- Note: Aspirin is not recommended for children with a current or recent viral infection. Check with your doctor before giving your child aspirin.
- Antihistamines—Help sinusitis symptoms if they are caused by allergies.
- Intranasal corticosteroids—These are inhaled directly into your nose through a nasal spray. Corticosteroids may help relieve congestion by decreasing swelling in the lining of the nose in people with allergies.
- Decongestants—Use either decongestant pills or nasal sprays to shrink nasal passages. Do not use nasal sprays for longer than 3-4 days in a row.
- Guaifenesin—Helps you cough up secretions, but hydration is more effective.
Surgery is a last resort for people with very troublesome, serious chronic sinusitis. It includes:
- Repair of a deviated septum
- Removal of nasal polyps
- Functional endoscopic sinus surgery—a lighted scope is used to enlarge the sinuses to improve drainage
- Balloon sinuplasty—a tube with a balloon attached is inserted into the sinuses (the balloon is inflated to open the sinus passages)
To help reduce your chance of sinusitis:
- Have allergy testing to find out what things you are allergic to and to learn how to treat your allergies.
- Avoid substances you know you are allergic to.
- If you have allergies, stick with your treatment plan.
- If you get a cold, drink lots of fluids and use a decongestant.
- Use sinus washes as directed.
- Blow your nose gently, while pressing one nostril closed.
- If you must travel by air, use a nasal spray decongestant to decrease inflammation prior to takeoff and landing.
- Use a humidifier when you have a cold, allergic symptoms, or sinusitis.
- Use HEPA filters for your furnace and vacuum cleaner to remove allergens from the air.
- Avoid cigarette smoke.
Revision Information
- Reviewer: David Horn, MD, FACP
- Review Date: 09/2016 -
- Update Date: 09/30/2014 -


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Bahamas hosts INTERPOL programme to enhance fight against organized crime in the Americas
NASSAU, Bahamas – The latest session in a three-year programme coordinated by INTERPOL to boost national law enforcement's ability to fight drugs trafficking and organized crime across the Americas has opened in Nassau, Bahamas.
Some 21 law enforcement officials involved in investigations into illicit drugs and transnational organized crime from across Central America and the Caribbean (Anguilla, The Bahamas, Belize, Costa Rica, Dominican Republic, El Salvador, Jamaica, Montserrat and Nicaragua) are taking part in the two-week (6 – 17 May) programme, organized by INTERPOL's Capacity Building and Training Directorate.
"The launch of this training initiative here in the Bahamas, is another clear indication of INTERPOL's commitment to capacity building in police forces worldwide," said Commissioner of the Royal Bahamas Police Force, Mr Ellison Greenslade.
"It fulfills an urgent need to further sensitize and train police officers and law enforcement partners to effectively deal with emerging global threats such as trafficking in persons, human smuggling, trafficking in illicit goods, weapons and drug trafficking, counterfeiting, money laundering, and a long list of other crimes," added the Commissioner.
Welcoming the participants, Minster of National Security Dr Bernard J. Nottage said, "You have come here to receive hands on training in practical ways to harness and develop your skills for taking action against the insidious threat to our way of life from drugs and organized crime and from the evils they bring in their wake: violence, crime, corruption, the breakdown of family life and the destruction of young people."
INTERPOL' s Director of Training and Capacity Building, Dale Sheehan highlighted that the over-reaching goal of the three-year programme, launched in 2011, was sustainability and that successes had already been achieved.
"Through strong training and capacity building standards developed by our programmes, we have already seen an impact on the ground, with those who have benefitted having already gone out and trained some 1,600 other law enforcement officers in the past year alone. This is sustainability," said Mr Sheehan.
Agencies taking part in this training include the US Drug Enforcement Administration, the Caribbean Customs Law Enforcement Council, the United Nations Office on Drugs and Crime and the Regional School for Anti-drug Intelligence of the American Community, in addition to specialists from the Royal Canadian Mounted Police and the National Police of Colombia.
As part of a combined approach the programme is running bilingually in Spanish and English, with all participants contributing their professional knowledge in core subjects. Participants include drugs and organized crime investigators from specialized law enforcement agencies, customs officials, prosecutors and INTERPOL National Central Bureau officials involved in police communications.


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A glycosylated hemoglobin test (HbA1c) is a blood test that measures the percentage of hemoglobin (a protein found in blood red cells) that has attached to glucose. The higher your blood sugar is, the more that glucose gets attached to your hemoglobin.
Reasons for Test
HbA1c shows how high your blood sugar levels have been during the past 3 months. This can help your doctor determine how well you are controlling your diabetes. Your doctor may also use HbA1c to test you for diabetes.
What to Expect
Description of Test
You will be asked to sit. An area inside your elbow will be cleaned with an antiseptic wipe. A large band will be tied around your arm. The needle will then be inserted into a vein. A tube will collect the blood from the needle. The band on your arm will be removed. After all the blood is collected, the needle will be removed. Some gauze will be placed over the site to help stop bleeding. You may also be given a bandage to place over the site. The process takes about 5-10 minutes.
After Test
Apply pressure to the site until bleeding stops.
How Long Will It Take?
Less than 5 minutes
Will It Hurt?
It may hurt slightly when the needle is inserted.
Talk to your doctor about what goal is right for you. If your HbA1c levels are high, you may need a change in treatment, such as:
- Changing your medications
- Increasing your level of physical activity
- Modifying your diet
Talk with your doctor about when you should be tested again.
Call Your Doctor
After the test, call your doctor if any of the following occurs:
- Redness
- Swelling
- Persistent bleeding or discharge
- Pain
If you think you have an emergency, call for emergency medical services right away.
Revision Information
- Reviewer: Kim A. Carmichael, MD, FACP
- Review Date: 09/2016 -
- Update Date: 09/03/2015 -


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Quality Rubber 4' x 6' Rubber Horse Mat 3/4" Thick$29.99
Country Road 24"X24" Plastic Dropping Pan for Rabbit Cages 31750$7.99
250 Watt Heat Lamp Bulb Clear$1.99
Farm Innovators 3 gal. Plastic Heated Poultry Fountain HPF-100$29.98
125 Watt Red Faced Heat Lamp Bulb$3.99
Planetwise Equine Fresh Pellet Bedding 40lb-EQUINE FRESH 4$5.49
Farm Innovators Heated Water Bottle for Small Animals 32 oz. HRB-20$19.98
Country Road Feeder w/Sifter for Rabbit Cage 7.5"$4.99
When you have livestock, there are so many items that you need just to care for them. They need proper food and feeding equipment. When they are sick, they need the proper medicine. Even when they aren't sick, you need to provide preventative medicine. Animals also need proper housing. There is just so much to think about. That is why our livestock category is so comprehensive.
Let's say you have rabbits. You will need the proper style cage, a drop pan to put at the bottom and bedding so your rabbits are safely housed. The last thing you want is a loose rabbit. There is too much danger out there for them to be running free. You'll also need the proper supplies to feed them, like hay and pellet food.
What if rabbits aren't your thing? How about if you are more into bees? Well, we can help you with that, too. We have frames and boxes. There are also entrance reducers and queen excluders, if you need them.
It really doesn't matter what type of livestock you have, from bees and rabbits to cows and chickens and even dogs and potbellied pigs, we have something for them all. This category offers a range of items that you will need to properly care for any animal you have.


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Fluoxetine DR
Escitalopram (> or = 20 mg)/Selected CYP2C19 Inhibitors
This information is generalized and not intended as specific medical advice. Consult your healthcare professional before taking or discontinuing any drug or commencing any course of treatment.
Medical warning:
Moderate. These medicines may cause some risk when taken together. Contact your healthcare professional (e.g. doctor or pharmacist) for more information.
How the interaction occurs:
Some medicines may slow down how quickly your body processes escitalopram.
What might happen:
The amount of escitalopram in your blood may increase and cause side effects or an irregular heartbeat, which may be life-threatening.
What you should do about this interaction:
Let your healthcare professionals (e.g. doctor or pharmacist) know that you are taking these medicines together. Your doctor may want to change your medicine or the dose of your citalopram. Let your doctor know right away if you notice an irregular heartbeat (palpitations) or have any dizziness, fainting episodes, or seizures.Your healthcare professionals may already be aware of this interaction and may be monitoring you for it. Do not start, stop, or change the dosage of any medicine before checking with them first.
1.Lexapro (escitalopram oxalate) US prescribing information. Forest Pharmaceuticals Inc. January, 2017.
2.Drew BJ, Ackerman MJ, Funk M, Gibler WB, Kligfield P, Menon V, Philippides GJ, Roden DM, Zareba W. Prevention of torsade de pointes in hospital settings: a scientific statement from the American Heart Association and the American College of Cardiology Foundation. J Am Coll Cardiol 2010 Mar 2;55(9):934-47.
3.Boyer EW, Shannon M. The serotonin syndrome. N Engl J Med 2005 Mar 17; 352(11):1112-20.
4.US Food and Drug Administration (FDA). Drug Development and Drug Interactions: Table of Substrates, Inhibitors and Inducers. Available at: http://www.fda.gov/Drugs/DevelopmentApprovalProcess/DevelopmentResources/D rugInteractionsLabeling/ucm093664.htm. Updated 08/05/2011.
5.Castro VM, Clements CC, Murphy SN, Gainer VS, Fava M, Weilburg JB, Erb JL, Churchill SE, Kohane IS, Iosifescu DV, Smoller JW, Perlis RH. QT interval and antidepressant use: a cross sectional study of electronic health records. BMJ 2013;346:f288.


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Far northern rivers are discharging increasing amounts of freshwater into the Arctic Ocean, due to intensified precipitation caused by global warming, say researchers at the Hadley Centre for Climate Prediction and Research in the United Kingdom.
Water exchange between the ocean, atmosphere, and land is called the global hydrological cycle. As Earths climate warms, the rate of this exchange is expected to increase. As part of this process, high-latitude precipitation and, consequently, river runoffs are also expected to increase. This could change the distribution of water on Earths surface, with important social and economic consequences.
It could also alter the balance of the climate system itself, such as the Atlantic thermohaline circulation, a kind of conveyor belt. Cold water flows southward in the Atlantic at great depths to the tropics, where it warms, rises, and returns northward near the surface. This flow helps keep northern Europe at a temperate climate, whereas the same latitudes in North America are sparsely settled tundra or taiga.
Harvey Leifert | EurekAlert!
Further information:
Heavy nitrogen molecules reveal planetary-scale tug-of-war
20.11.2017 | Rice University
Colorado River's connection with the ocean was a punctuated affair
16.11.2017 | University of Oregon
The formation of stars in distant galaxies is still largely unexplored. For the first time, astron-omers at the University of Geneva have now been able to closely observe a star system six billion light-years away. In doing so, they are confirming earlier simulations made by the University of Zurich. One special effect is made possible by the multiple reflections of images that run through the cosmos like a snake.
Today, astronomers have a pretty accurate idea of how stars were formed in the recent cosmic past. But do these laws also apply to older galaxies? For around a...
Just because someone is smart and well-motivated doesn't mean he or she can learn the visual skills needed to excel at tasks like matching fingerprints, interpreting medical X-rays, keeping track of aircraft on radar displays or forensic face matching.
That is the implication of a new study which shows for the first time that there is a broad range of differences in people's visual ability and that these...
Computer Tomography (CT) is a standard procedure in hospitals, but so far, the technology has not been suitable for imaging extremely small objects. In PNAS, a team from the Technical University of Munich (TUM) describes a Nano-CT device that creates three-dimensional x-ray images at resolutions up to 100 nanometers. The first test application: Together with colleagues from the University of Kassel and Helmholtz-Zentrum Geesthacht the researchers analyzed the locomotory system of a velvet worm.
During a CT analysis, the object under investigation is x-rayed and a detector measures the respective amount of radiation absorbed from various angles....
The quantum world is fragile; error correction codes are needed to protect the information stored in a quantum object from the deteriorating effects of noise. Quantum physicists in Innsbruck have developed a protocol to pass quantum information between differently encoded building blocks of a future quantum computer, such as processors and memories. Scientists may use this protocol in the future to build a data bus for quantum computers. The researchers have published their work in the journal Nature Communications.
Future quantum computers will be able to solve problems where conventional computers fail today. We are still far away from any large-scale implementation,...
Pillared graphene would transfer heat better if the theoretical material had a few asymmetric junctions that caused wrinkles, according to Rice University...
Ecology Across Borders: International conference brings together 1,500 ecologists
15.11.2017 | Event News
Road into laboratory: Users discuss biaxial fatigue-testing for car and truck wheel
15.11.2017 | Event News
#Berlin5GWeek: The right network for Industry 4.0
30.10.2017 | Event News
20.11.2017 | Life Sciences
Less is more to produce top-notch 2D materials
20.11.2017 | Materials Sciences
Carefully crafted light pulses control neuron activity
20.11.2017 | Life Sciences


text:
- Locations & Hours:
- Redwood City 650.367.8181
- Take A Tour!
Solid Pine Wood Shaker 14 Drawer Split-Top Dresser in Unfinished
- Your Price: $1,109.62
- Retail: $1,380.00
- You Save: $270.38
Solid Pine Shaker 14 Drawer Dresser in Unfinished. This dresser features four split-top drawers with ten storage drawers. Drawer depths vary so you can use each drawer to its potential and have the most functional storage dresser for your room. Stain it yourself with our low VOC wipe on stains and paints, or let our experts do it for you.
The Shaker pine collection features classic shaker styling. Drawer boxes are solid wood construction mounted on European metal drawer glides. Units will doors feature solid raised panels with hidden, adjustable European hinges.
Fully assembled. No particle board. Made in the California. Manufacturer: JC Bookcases.
Solid Pine Wood
Priced in unfinished wood. Stain or paint it yourself with our easy to use, wipe-on stains or milk paints. Or, let us do it for you. You can choose a standard color below, or bring us a custom stain or paint color.
Shaker Pine Wood collection features:
- Solid wood construction with classic shaker styling
- Solid wood drawer boxes mounted on European drawer glides
- Solid raised panels and hidden adjustable hinges on units with doors.
- Wood knobs
- Most shelves in units can be adjusted
- Unfinished and ready to stain or paint yourself or by our experts
- Fully assembled
- No particle board
- Made in California
More about JC Bookcases
JC Bookcases specializes in pine furniture with no particle board. They have an extensive collection of bookcases, beds, and case pieces such as chest of drawers and dressers. They are located in Pico Rivera, California.