General Ashcroft


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Reviled as a fascist and zealot by libertarians and liberals but praised as a great patriot and devout man of God by many conservatives, John Ashcroft may have been the most powerful and polarizing attorney general in our nation's history. Looking past such oversimplified stereotypes, Nancy Baker offers the first in-depth study of Ashcroft's controversial tenure as attorney general-and as domestic commander in our campaign against global terrorism. Addressing new concerns about challenges to civil liberties in the wake of 9/11, Baker provides a critical assessment of Ashcroft's impact on national life within the context of an enormous expansion of presidential power. Baker depicts a man who even before 9/11 was in search of a mission and then found it in the "War on Terror." She explores how Ashcroft's counterterrorism actions eroded checks on executive power, arguing that the attorney general used both the formal and informal powers of his office to expand executive and law enforcement authority—and did so at the additional expense of criminal procedural rights, privacy rights, and government transparency. Baker tells how the war against terrorism, the unique legal policy role of the attorney general, and Ashcroft's presence in that office dramatically expanded the power and impact of executive power in domestic affairs. She identifies Ashcroft's rhetorical tactics that set his actions at odds with the public interest—such as browbeating critics and marginalizing dissent—and challenges the success claimed by Ashcroft and his supporters in safeguarding America by documenting the Justice Department's lack of effectiveness in key prosecutions. She also includes an enlightening analysis of the Patriot Act and its implications for both civil liberties and government power. By documenting the ongoing importance of Ashcroft's legacy—a legacy now continued by Alberto Gonzalez—Baker shows how he dramatically changed the office and disrupted our constitutional system of divided and checked powers. Her close scrutiny of Ashcroft's actions vividly highlights the role that an attorney general can play in shaping presidential power during national crises and provides a cautionary tale for anyone eager to protect our civil liberties.







Congressional Record


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Financial Oversight of Enron


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How Our Laws are Made


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Gun Control Legislation


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Congress has continued to debate the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. While several dozen gun control-related proposals have been introduced in recent Congresses, only a handful of those bills received significant legislative action. The 109th Congress, for example, passed two bills with firearmsrelated provisions that were enacted into law. P.L. 109-72 prohibits certain types of lawsuits against firearm manufacturers and dealers to recover damages related to the criminal or unlawful use of their products by other persons, and P.L. 109-295 includes a provision that prohibits federal officials from seizing any firearm from private persons during a major disaster or emergency, if possession of that firearm was not already prohibited under federal or state law. Nevertheless, the 110th Congress could possibly reconsider several gun control proposals that were considered as part of appropriations and crime legislation in the previous Congress. During the 109th Congress, the House amended the Children's Safety Act of 2005 (H.R. 3132) to prohibit the transfer or possession of a firearm to or by any person convicted of a sex offense against a minor. The House also amended Secure Access to Justice and Court Protection Act of 2005 (H.R. 1751) to authorize certain federal court judges and officials to carry firearms for personal protection. The Senate passed a different version of H.R. 1751 that included similar provisions, as well as provisions designed to clarify and expand the Law Enforcement Officers Safety Act (P.L. 108-277) -- a law that gives concealed carry privileges to qualified on-duty and retired law enforcement officers. None of those provisions were enacted into law, however. In addition, the House Judiciary considered four gun-related bills: the ATFE Modernization and Reform Act of 2006 (H.R. 5092), the Firearms Corrections and Improvement Act (H.R. 5005), the Firearm Commerce Modernization Act (H.R. 1384), and the NICS Improvement Act of 2005 (H.R. 1415). H.R. 5092 was passed by the House. The 109th Congress, moreover, maintained a fee prohibition for Brady background checks and other funding limitations and conditions related to gun enforcement in the FY2006 DOJ appropriations (P.L. 109-108). Those limitations and conditions have been continued into FY2007 under continuing resolutions. They are often referred to as the "Tiahrt amendment," for their sponsor in the FY2004 appropriations cycle, Representative Todd Tiahrt. Issues addressed in those bills, as well as the Tiahrt funding limitations and conditions, could be reconsidered in the 110th Congress. Senator Charles Schumer, for example, has introduced a bill (S. 77) that would repeal portions of the Tiahrt amendment that limit the sharing of firearm trace data. Other gun control-related issues that may reemerge in the 110th Congress include (1) retaining Brady background check records for approved transactions to enhance terrorist screening, (2) more strictly regulating certain long-range fifty caliber rifles, (3) further regulating certain firearms previously defined in statute as "assault weapons," and (4) requiring background checks for firearm transfers at gun shows. This report will updated to reflect legislative action.







A Failure of Initiative


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