Commentary and Opinion

November 15, 2023

Is It Time for a New US Constitutional Convention?

Introduction.

This posting provides information to help explore the key arguments surrounding this question from both positive and negative perspectives and to provide a useful framework to inform the debate. Commentary is organized into the following categories: Survey Information, Historical Context, Current Challenges, Arguments for a New Constitutional Convention, Arguments Against Convening a New Constitutional Convention, Alternative Considerations, Some Thoughts About the Future, and a concluding statement. The scope of this posting is limited to U.S constitutional conventions; it does not cover the separate topic of state constitutional conventions which are treated separately. The U.S. Constitution cannot be changed through state-level initiatives; only the federal government, through a process involving Congress and state ratification, can amend the Constitution, meaning state initiatives cannot directly modify it.

The United States Constitution, adopted in 1787, has endured for over two centuries as the foundational document governing the nation. However, in recent years there has been growing debate over whether it is time to convene a new Constitutional Convention to address contemporary challenges and issues.

October 23, 2023

American Bar Association and AI

by David Badertscher

In a previous posting on this blog, Reflections of a Retired Law Librarian: From Mimeograph to Generative AI, I urged professional organizations, including the American Bar Association (ABA) and the American Association of Law Libraries (AALL), to appoint committees or commissions at the highest level to facilitate the development and implementation of standards sufficient to address the real ethical and safety concerns related to the increasingly rapid adaption of AI, including Generative AI, as a technology of choice in the workplace.

It is gratifying to learn from recent announcements from the American Bar Association that it has already been taking steps to address the legal challenges of Ai faced by the legal community. As Mary L. Smith, President of the American Bar Association, has said: “As a national voice for the legal profession, the ABA must play a leadership role in helping to identify for the legal community the benefits and risks of continually changing AI and machine learning systems and capabilities.”

Measures already taken by ABA include Resolution 112 adopted in August, 2019, Resolution 604 adopted in February, 2023, various articles and podcasts published by its various Sections, including the ABA Business Law Section and the Sci Tech Lawyer published by the ABA Science and Technology Section.

October 15, 2023

Congressional Budget Office Plans in the Event of a Government Shutdown

by David Badertscher

CBO responds to Senator Rand Paul’s request for information about CBO’s operations had there been a shutdown on October 1.

CBO Letter responding to Senator Rand Paul’s request

Summary;

September 5, 2023

The Potential for Using Generative AI to Help Regulate Criminal Behavior

by David Badertscher

Generative AI is a type of artificial intelligence technology that can produce various types of content, including text, imagery, audio and information that is artificially manufactured. The recent interest in generative AI has been driven by the simplicity of new user interfaces for creating high-quality content, including text, graphics and videos in a matter of seconds.

Generative AI has the potential to be used in various ways to help regulate criminal behavior, although it’s important to note that these applications can be controversial and raise ethical concerns. Here are some ways in which generative AI could potentially contribute to regulating criminal behavior:

Predictive Policing: Generative AI algorithms could analyze large sets of historical crime data to identify patterns and predict potential criminal hotspots. This could help law enforcement agencies allocate resources more effectively and proactively deter criminal behavior.

August 22, 2023

An Overview of Death Penalty in the United States

by David Badertscher

Introduction: The death penalty, also known as capital punishment, is the practice of executing individuals who have been convicted of certain serious crimes, typically murder. The United States has a complex and controversial history with the death penalty, involving legal, ethical, and societal considerations. This posting provides an overview of the death penalty in the United States, including its history, current status, arguments for and against its use, recent trends. and a selection of death penalty, criminal sentencing Supreme Court cases compiled by Justia, and a list of references for the benefit of those who would like to pursue this subject in greater depth and detail.

Historical Context: The death penalty has been a part of the U.S. legal system since colonial times. The first recorded execution in the new colonies was believed to be that of Captain George Kendall in the Jamestown colony of Virginia in 1608. Over the years, the application of the death penalty has evolved with changes in methods of execution and legal standards. Use of the death penalty in the United States rose gradually during the seventeenth, eighteenth, and nineteenth centuries with a sharp rise in the twentieth century until 1972 when a moratorium was established by the U.S. Supreme Court ruling, Furman v. Georgia.

Modern Era and Legal Framework: In 1972 the U.S. Supreme Court ruled in Furman v. Georgia that the death penalty, as it was being applied at the time, was unconstitutional due to its arbitrary nature. Subsequently, many states revised their laws to address concerns of arbitrariness and excessive severity. In 1976 the Court reinstated the death penalty with the Gregg v. Georgia decision, in which it as held that death penalty for murder was not, in and of itself, a cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments.

August 9, 2023

Congressional Budget Office Monthly Budget Review: July 2023

by David Badertscher

The federal budget deficit was $1.6 trillion in the first 10 months of fiscal year 2023, the Congressional Budget Office estimates—more than twice the shortfall recorded during the same period last year. Revenues were 10 percent lower and outlays were 10 percent higher from October through July than they were during the same period in fiscal year 2022.

Summary:

The federal budget deficit was $1.6 trillion in the first 10 months of fiscal year 2023, the Congressional Budget Office estimates—more than twice the shortfall recorded during the same period last year. Revenues were 10 percent lower and outlays were 10 percent higher from October through July than they were during the same period in fiscal year 2022.

August 5, 2023

CBO: Answers to Questions for the Record Following a Hearing on Social Security’s Finances

by David Badertscher

Report: August 4, 2023.

On July 12, 2023, the Senate Committee on the Budget convened a hearing at which Phillip L. Swagel, the Director of the Congressional Budget Office, testified about Social Security’s finances. After the hearing, Chairman Sheldon Whitehouse, Ranking Member Chuck Grassley, and Senator Ron Wyden submitted questions for the record. This document provides CBO’s answers.

Full Text of Document Providing CBO’s Answers to questions submitted.

August 5, 2023

Congressional Budget Office: H.R.4503, AI Training Expansion Act of 2023

by David Badertscher

August 4, 2023.

As ordered Reported by the House Committee on Oversight and Accountability on July 12, 2023.

Summary:

July 27, 2023

CBO Blog Post: A Call for New Research In the Area of Taxes and Transfers

by David Badertscher

Originally posted by John McClellan et. al. on July 25, 2023.

As part of the legislative process, the Congressional Budget Office* supplies the Congress with cost estimates for legislation, economic and budget projections, and other economic assessments. Information from the research community is an important element of CBO’s analyses. This is the seventh in a series of blog posts discussing research that would enhance the quality of the information that CBO uses in its work. (Earlier posts in the series discussed the need for new research in the areas of energy and the environment, finance, health, labor, macroeconomics, and national security.) Please send comments to communications@cbo.gov. Since this CBO blog post is believed to contain information of general interest it is being reproduced here, in full, as an information service.

CBO regularly provides the Congress with information about the ways that the government’s tax and transfer system affects the distribution of household income (for example, CBO 2022). That analysis is built on the models and data underlying the agency’s baseline projections of revenues and spending (CBO 2023). CBO is on the lookout for new research that would enhance its analysis of taxes and transfers, including research related to distributional analysis and projections of revenues from business income. The agency is currently working on those topics, and there are significant gaps in the relevant research literature.

July 25, 2023

CB0 Blog Posting: Call For New Research in the Area of National Security

by David Badertscher

Original Posting by David Mosher et.al. on July 24, 2023*

As part of the legislative process, the Congressional Budget Office supplies the Congress with cost estimates for legislation, economic and budget projections, and other economic assessments. Information from the research community is an important element of CBO’s analyses. This is the sixth in a series of blog posts discussing research that would enhance the quality of the information that CBO uses in its work. (Earlier posts in the series discussed the need for new research in the areas of energy and the environment, finance, health, labor, and macroeconomics.) Please send comments to communications@cbo.gov.

The Department of Defense (DoD) received about $850 billion in funding in 2023. With those funds, DoD hires personnel (members of the military and civilian employees) and purchases a variety of goods and services from private-sector companies. Some of the purchased goods, such as aircraft carriers, fighter jets, and nuclear submarines, are highly complex weapon systems. CBO is on the lookout for new research on various topics related to DoD’s personnel and weapon systems, including the implications of the military’s use of in-kind compensation and the causes of, and future trends in, sector-specific inflation. CBO is currently working on those topics, and there are significant gaps in the relevant research literature.