NOTES

•

INTRODUCTION

1.   “Washington’s Farewell Address 1796,” Avalon Project, Yale Law School, http://avalon.law.yale.edu/18th_century/washing.asp.

2.   “Sir Robert Peel’s Principles of Law Enforcement 1829,” Durham Constabulary (UK), https://www.durham.police.uk/about-us/documents/peels_principles_of_law_enforcement.pdf.

3.   “Sir Robert Peel’s Principles.”

4.   Carol Doherty, Jocelyn Kiley, and Bridget Johnson, “The Partisan Divide on Political Values Grows Even Wider,” Pew Research Center, October 5, 2017, http://assets.pewresearch.org/wp-content/uploads/sites/5/2017/10/05162647/10–05–2017-Political-landscape-release.pdf.

5.   Doherty, Kiley, and Johnson, “The Partisan Divide.” The full paper, Fear and Loathing across Party Lines: New Evidence on Group Polarization, can be accessed at http://pcl.stanford.edu/research/2014/iyengar-ajps-group-polarization.pdf.

6.   Bureau of Labor Statistics, “Current Employment Statistics-CES (National),” June 7, 2019, https://www.bls.gov/web/empsit/ceseeb1a.htm. Paul C. Light, Paulette Goddard Professor of Public Service at New York University’s Wagner School of Public Service, estimates that (as of 2015) 3.7 million persons working for the federal government were contract employees. See Paul C. Light, “The True Size of Government,” Volcker Alliance, October 5, 2017, https://www.volckeralliance.org/publications/true-size-government.

CHAPTER 1

1.   Gerald E. Frug, “Does the Constitution Prevent the Discharge of Civil Service Employees?” University of Pennsylvania Law Review 124 (1976): 949.

2.   Civil-Service Commission, 13 U.S. Op. Atty. Gen. 516 (August 31, 1871), 523, cited in Philip K. Howard, “Civil Service Reform: Reassert the President’s Constitutional Authority,” American Interest, January 28, 2017, https://www.commongood.org/wp-content/uploads/2018/04/American-Interest-Civil-Service1.pdf.

3.   Frug, “Does the Constitution,” 954–955.

4.   Exec. Order 10450—Security Requirements for Government Employment, 18 Fed. Reg. 2489, 3 C.F.R., 1949–1953 Comp (April 27, 1953), 936, https://www.archives.gov/federal-register/codification/executive-order/10450.html.

5.   “Washington’s Farewell Address, 1796.”

6.   Gregory Korte, “Trump Signs Executive Orders Aimed at Loosening Clout of Federal Labor Unions,” USA Today, May 25, 2018, https://www.usatoday.com/story/news/politics/2018/05/25/trump-executive-orders-would-attempt-limit-union-power/645951002/.

7.   Gregory Korte, “Judge Rules against Trump’s Attempt to Weaken Federal Unions,” USA Today, August 25, 2018, https://www.usatoday.com/story/news/politics/2018/08/25/donald-trump-labor-unions-court-strikes-down-three-executive-orders/1098451002/.

8.   Mike Maciag, “Government Workers More Prevalent in Red States,” Governing, March 20, 2014, http://www.governing.com/news/headlines/gov-states-with-most-government-workers-are-more-conservative-analysis.html#data; Art Swift, “Wyoming Residents Most Conservative, D.C. Most Liberal,” Gallup, January 31, 2014, https://news.gallup.com/poll/167144/wyoming-residents-conservative-liberal.aspx.

9.   “An Act to Prevent Pernicious Political Activities,” August 2, 1939, http://legisworks.org/sal/53/stats/STATUTE-53-Pg1147.pdf.

10. For a discussion of “burrowing,” see Zach Regen, “The Impact of Burrowing In,” Center for Presidential Transition blog, December 14, 2016, https://presidentialtransition.org/blog/posts/161214_burrowing.php.

11. Dwight Waldo, The Administrative State: A Study of the Political Theory of American Public Administration, 2nd ed. (New York: Holmes & Meier, 1984).

12. Franklin D. Roosevelt, “Informal Remarks at Union Station Plaza, Washington, D.C.,” November 10, 1944, National Archives and Records Administration (NARA record 1301590), accessed at https://en.wikipedia.org/wiki/United_States_federal_civil_service#/media/File:Informal_Remarks_At_Union_Station_Plaza,_Washington,_D.C_-_NARA_-_198093.tif.

CHAPTER 2

1.   Carolyn Cerbin, “Shutdown Stories: Federal Employees Share Anxiety via Twitter,” USA Today, December 25, 2018, https://www.usatoday.com/story/news/politics/onpolitics/2018/12/25/government-shutdown-federal-employees-share-stories-twitter/2411319002/. The tweets that follow are from the same story.

2.   Tweet from R&R Travel, “If you are flying soon, be sure to thank the TSA agent you encounter for working without pay to keep us safe!” https://twitter.com/RRVacations/status/1083091382976303106?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1083091382976303106&ref_url=https%3A%2F%2Fwww.washingtonpost.com%2Ftransportation%2F2019%2F01%2F10%2Ftsa-officers-get-some-shutdown-love%2F.

3.   Alexia Elejalde-Ruis, “Federal Employees Turn to Food Pantries during Government Shutdown: ‘After a While You Have to Let That Pride Go,’” Chicago Tribune, January 22, 2019, https://www.chicagotribune.com/business/ct-biz-government-shutdown-food-pantries-20190122-story.html.

4.   “Defying Trump Administration, Calif. Offers Federal Workers Unemployment Benefits,” Weekend Edition Saturday, NPR, January 18, 2019, https://www.npr.org/2019/01/18/686468742/defying-trump-administration-calif-offers-federal-workers-unemployment-benefits.

5.   Clara Benitez, “Federal Workers Still Required to Make Child Support Payments Despite Government Shutdown,” CBS Austin, January 18, 2019, https://cbsaustin.com/news/local/federal-workers-still-required-to-make-child-support-payments-despite-government-shutdown.

6.   Jeff Brumley, “Religion Notes: Baptist Church Empties Disaster Fund to Help Furloughed Workers,” Baptist News Global, January 22, 2019, https://baptistnews.com/article/religion-notes-baptist-church-empties-disaster-fund-to-help-furloughed-workers/#.XIEwwShKguU; Tim Swift, “Miami-Dade, Broward Schools Pledge to Help Federal Workers amid Shutdown,” Local10.com, January 23, 2019, https://www.local10.com/news/florida/miami-dade/miami-dade-public-schools-pledge-to-help-federal-workers-amid-shutdown.

7.   Bruce Bartlett, “‘Starve the Beast’: Origins and Development of a Budgetary Metaphor,” Independent Review 12, no. 1 (Summer 2007), http://www.independent.org/pdf/tir/tir_12_01_01_bartlett.pdf.

8.   Ronald Reagan, “Inaugural Address,” January 20, 1981, https://www.lsrhs.net/departments/history/ShenM/Site/20th_classwork,_handouts_files/reagan_inaugural.pdf.

9.   Khushbu Shah, “‘Our Income Has Stopped’: Shutdown Leaves Workers Stressed and Struggling,” Guardian, January 4, 2019, https://www.theguardian.com/us-news/2019/jan/03/government-workers-shutdown-stories-trump.

10. Steve Forbes, “A Bureaucrat’s Life: Cushy Like No Other,” Forbes, January 12, 2015, https://www.forbes.com/sites/othercomments/2015/01/12/other-comments-8/#27832e673a60.

11. Mike Maciag, “Government Workers More Prevalent in Red States,” Governing, March 20, 2014, http://www.governing.com/news/headlines/gov-states-with-most-government-workers-are-more-conservative-analysis.html#data; Art Swift, “Wyoming Residents Most Conservative, D.C. Most Liberal,” Gallup, January 31, 2014, https://news.gallup.com/poll/167144/wyoming-residents-conservative-liberal.aspx. For more recent data, which confirms Wyoming as having the highest national rate of public sector employment, see Mike Maciag, “States Where Government Workers Are Most Prevalent,” Governing, July 19, 2016, http://www.governing.com/topics/mgmt/gov-states-where-public-employees-most-prevalent.html.

12. FederalPay.org, “General Schedule (GS) Payscale Table for 2019,” https://www.federalpay.org/gs/2019.

13. Dan Alexander, “The Case of Wilbur Ross’ Phantom $2 Billion,” Forbes, December 12, 2017, https://www.forbes.com/sites/danalexander/2017/11/07/the-case-of-wilbur-ross-phantom-2-billion/#7a322a317515.

14. Scott Horsley, “Commerce Secretary Wilbur Ross Downplayed Shutdown Hardships. Dems Raged,” NPR, January 24, 2019, https://www.npr.org/2019/01/24/688189978/commerce-secretary-wilbur-ross-downplayed-shutdown-hardships-dems-raged.

15. Horsley, “Commerce Secretary.”

16. Annie Karni, “As Trump Holds Firm on Shutdown, He Never Mentions One Group: Federal Workers,” New York Times, January 3, 2019, https://www.nytimes.com/2019/01/03/us/politics/federal-workers-government-shutdown.html?module=inline&login=smartlock&auth=login-smartlock.

17. Donald Trump, “Do the Dems realize that most of the people not getting paid are Democrats?” December 27, 2018, 4:06 a.m., https://twitter.com/realDonaldTrump/status/1078260814157701121.

18. Alana Abramson, “President Trump’s Allies Keep Talking about the ‘Deep State.’ What’s That?” Time, March 8, 2017, http://time.com/4692178/donald-trump-deep-state-breitbart-barack-obama/.

19. Joel B. Polak, “Mark Levin to Congress: Investigate Obama’s ‘Silent Coup’ vs. Trump,” Breitbart, March 3, 2017, https://www.breitbart.com/politics/2017/03/03/mark-levin-obama-used-police-state-tactics-undermine-trump/.

20. Karni, “As Trump Holds Firm.”

21. Nevbahar Ertas, “Who Are the Federal Workers Affected by the Shutdown? 5 Questions Answered,” Conversation, January 14, 2019, http://theconversation.com/who-are-the-federal-workers-affected-by-the-shutdown-5-questions-answered-109631.

22. Michael Corkery, “Government Shutdown Squeezes Contractors as Checks Stop and Invoices Stall,” New York Times, January 12, 2019, https://www.nytimes.com/2019/01/12/business/contractors-government-shutdown-effect.html.

23. Corkery, “Government Shutdown.”

24. Corkery, “Government Shutdown.”

25. Congressional Budget Office, “The Effects of the Partial Shutdown Ending in January 2019,” January 2019, https://www.cbo.gov/system/files?file=2019–01/54937-PartialShutdownEffects.pdf.

26. Emily Stewart, “The Economic Cost of the Shutdown Will Soon Be the Cost of the Wall,” Vox, January 14, 2019, https://www.vox.com/policy-and-politics/2019/1/14/18179000/trump-wall-economic-cost-shutdown-jerome-powell; Jim Tankersley, “Shutdown’s Economic Damage Starts to Pile Up, Threatening an End to Growth,” New York Times, January 15, 2019, https://www.nytimes.com/2019/01/15/us/politics/government-shutdown-economy.html.

27. Ayana Byrd, “What the Government Shutdown Means for Native Americans,” Color Lines, January 2, 2019, https://www.colorlines.com/articles/what-government-shutdown-means-native-americans.

28. David J. Neal, “Is the FDA Inspecting Food during the Shutdown? Here’s What the Commissioner Says,” Miami Herald, January 22, 2019, https://www.miamiherald.com/living/food-drink/article224893895.html.

29. Gulliver, “How America’s Government Shutdown Is Affecting Flyers,” Economist, January 12, 2019, https://www.economist.com/gulliver/2019/01/12/how-americas-government-shutdown-is-affecting-flyers.

30. Rich Schapiro, “FBI Agents Say Shutdown Is Hampering Counterterrorism, Sex Trafficking Probes,” NBC News, January 22, 2019, https://www.nbcnews.com/politics/justice-department/fbi-agents-say-shutdown-hampering-counterterrorism-sex-trafficking-probes-n961371.

31. Geneva Sands, “What Isn’t Getting Done at the Department of Homeland Security during the Shutdown,” CNN Politics, January 15, 2019, https://www.cnn.com/2019/01/15/politics/homeland-security-dhs-shutdown/index.html.

32. Abigail Hess, “Because of the Shutdown, Members of the US Military Are Working without Pay for the First Time in History,” CNBC, January 17, 2019, https://www.cnbc.com/2019/01/17/the-us-coast-guard-is-working-through-the-shutdown-without-pay.html.

33. Burgess Everett, Sarah Ferris, and Caitlin Oprysko, “Trump Says He’s ‘Proud’ to Shut Down Government during Fight with Pelosi and Schumer,” Politico, December 11, 2018, https://www.politico.com/story/2018/12/11/trump-border-wall-congress-budget-1055433.

34. Lisa Rein, Robert Costa, and Danielle Paquette, “The Shutdown Is Giving Some Trump Advisers What They’ve Long Wanted: a Smaller Government,” Washington Post, January 14, 2019, https://www.washingtonpost.com/politics/the-shutdown-is-giving-some-trump-advisers-what-theyve-long-wanted-a-smaller-government/2019/01/14/70b22348–1427–11e9–90a8–136fa44b80ba_story.html?utm_term=.4caada427f45.

35. George E. Outland, “New Personal Devil—Bureaucracy,” New Republic, October 25, 1943, https://newrepublic.com/article/76498/new-personal-devil-bureaucracy.

CHAPTER 3

1.   Vanessa Romo, “Charlottesville Jury Convicts ‘Unite the Right’ Protester Who Killed Woman,” NPR, December 7, 2018, https://www.npr.org/2018/12/07/674672922/james-alex-fields-unite-the-right-protester-who-killed-heather-heyer-found-guilt; Paul Duggan and Justin Jouvenal, “Neo-Nazi Sympathizer Pleads Guilty to Federal Hate Crimes for Plowing Car into Protestors at Charlottesville Rally,” Washington Post, April 1, 2019, https://www.washingtonpost.com/local/public-safety/neo-nazi-sympathizer-pleads-guilty-to-federal-hate-crimes-for-plowing-car-into-crowd-of-protesters-at-unite-the-right-rally-in-charlottesville/2019/03/27/2b947c32–50ab-11e9–8d28-f5149e5a2fda_story.html?utm_term=.ea0cad866c52.

CHAPTER 4

1.   Max Boot, “Trump Is an Illegitimate President Whose Election Is Tainted by Fraud,” Washington Post, August 22, 2018, https://www.washingtonpost.com/opinions/global-opinions/trump-is-now-an-illegitimate-president/2018/08/22/d1c9271c-a613–11e8–97ce-cc9042272f07_story.html?utm_term=.4c3ccb322719; John T. Bennett, “Trump: Mueller Report Illegitimate, Because Special Counsel Was Not Elected,” Roll Call, March 20, 2019, https://www.rollcall.com/news/whitehouse/trump-mueller-report-illegitimate-because-he-was-not-elected; Osita Nwanevu, “Democrats and Republicans Debate the Legitimacy of Trump’s Border Crisis,” New Yorker, February 26, 2019, https://www.newyorker.com/news/current/democrats-and-republicans-debate-the-legitimacy-of-trumps-border-crisis; Gerard Baker, “Will We Ever Tire of Calling Presidents Illegitimate?” Wall Street Journal, March 29, 2019, https://www.wsj.com/articles/will-we-ever-tire-of-calling-presidents-illegitimate-11553868443.

2.   Jürgen Habermas, Legitmationsprobleme in Späktkapitalismus (1973), translated by Thomas McCarthy as Legitimation Crisis (Boston: Beacon Press, 1975).

3.   Megan Brenan, “Americans’ Trust in Government to Handle Problems at New Low,” Gallup, January 31, 2019, https://news.gallup.com/poll/246371/americans-trust-government-handle-problems-new-low.aspx. To put the January 2019 results in historical context, see this table, which provides poll results going back to 1972: Gallup, “Trust in Government,” https://news.gallup.com/poll/5392/trust-government.aspx.

4.   See, for example, Eric Killelea, “Alex Jones’ Mis-Infowars: 7 Bat-Sh*t Conspiracy Theories,” Rolling Stone, February 21, 2017, https://www.rollingstone.com/culture/culture-lists/alex-jones-mis-infowars-7-bat-sht-conspiracy-theories-195468/.

5.   Cecilia Kang and Adam Goldman, “In Washington Pizzeria Attack, Fake News Brought Real Guns,” New York Times, December 5, 2018, https://www.nytimes.com/2016/12/05/business/media/comet-ping-pong-pizza-shooting-fake-news-consequences.html.

6.   See, for example, Will Sommer, “What Is QAnon? The Craziest Theory of the Trump Era, Explained,” Daily Beast, July 6, 2018, https://www.thedailybeast.com/what-is-qanon-the-craziest-theory-of-the-trump-era-explained.

7.   Aaron Blake, “Kellyanne Conway Says Donald Trump’s Team Has ‘Alternative Facts.’” Which Pretty Much Says It All,” Washington Post, January 22, 2017, https://www.washingtonpost.com/news/the-fix/wp/2017/01/22/kellyanne-conway-says-donald-trumps-team-has-alternate-facts-which-pretty-much-says-it-all/?utm_term=.07b9e0abebc2; Justin Wise, “Trump: What You’re Seeing in the News ‘Is Not What’s Happening,’” The Hill, July 24, 2018, https://thehill.com/homenews/administration/398606-trump-what-youre-seeing-in-the-news-is-not-whats-happening-inbox-x; Caroline Kenny, “Rudy Giuliani Says ‘Truth Isn’t Truth,’” CNN Politics, August 19, 2018, https://www.cnn.com/2018/08/19/politics/rudy-giuliani-truth-isnt-truth/index.html.

8.   Glenn Kessler, Salvador Rizzo, and Meg Kelly, “Update, March 17: As of 787 Days in Office, the Tally Is 9,179 Claims,” Washington Post (March 4, 2019), https://www.washingtonpost.com/politics/2019/03/04/president-trump-has-made-false-or-misleading-claims-over-days/?utm_term=.6a6b3d087fe1.

9.   Craig Fischer, ed., Legitimacy and Procedural Justice: A New Element of Police Leadership (Washington, DC: US Department of Justice, Bureau of Justice Assistance, March 2014), https://www.policeforum.org/assets/docs/Free_Online_Documents/Leadership/legitimacy%20and%20procedural%20justice%20-%20a%20new%20element%20of%20police%20leadership.pdf, 11, 9.

10. Fischer, Legitimacy and Procedural Justice, 10.

11. Charles Erwin Wilson in Wikiquote, https://en.wikiquote.org/wiki/Charles_Erwin_Wilson.

12. Fischer, Legitimacy and Procedural Justice, 2.

13. Final Report of the President’s Task Force on 21st Century Policing (Washington, DC: Office of Community Oriented Policing Services, May 2015), https://cops.usdoj.gov/pdf/taskforce/taskforce_finalreport.pdf, 9.

14. Final Report, 1.

15. Radley Balko, “Guardians, Not Warriors,” Washington Post, July 28, 2015, https://www.washingtonpost.com/news/the-watch/wp/2015/07/28/guardians-not-warriors/.

16. US Census Bureau, “U.S. and World Population Clock,” https://www.census.gov/popclock/.

17. “Chicago’s 2018 Murder Total Falls for Second Straight Year but Still Tops 530,” Chicago Sun-Times, December 30, 2018, https://chicago.suntimes.com/news/chicago-murder-total-2018-homicides-police-department/.

18. Tamar Manasseh, Facebook, August 21, 2018, https://www.facebook.com/tamar.manasseh/videos/2226963463989358/?lst=606742011%3A100000271786153%3A1537071146.

19. Adrienne Samuels Gibbs, “Tamar Manasseh: The Neighborhood Guardian,” Chicago, November 14, 2016, https://www.chicagomag.com/Chicago-Magazine/December-2016/Chicagoans-of-the-Year-2016-Tamar-Manasseh/.

20. Gibbs, “Tamar Manasseh.”

21. Ben Sales, “Black Rabbinical Student Leads ‘Army of Moms’ in Fighting Chicago Gun Violence, Jewish Telegraphic Agency, October 21, 2016, https://www.jta.org/2016/10/21/life-religion/black-rabbinical-student-leads-army-of-moms-in-fighting-chicago-gun-violence.

22. Sales, “Black Rabbinical Student.”

23. Gibbs, “Tamar Manasseh.”

24. Sales, “Black Rabbinical Student.”

25. Hannah Steinkopf-Frank, “Chicago in Action: Give Back to the City with These Three Volunteer Organizations,” Chicago Tribune, June 14, 2018, https://www.chicagotribune.com/redeye/culture/ct-redeye-volunteer-nonprofit-books-prison-farm-20180322-story.html.

26. Michelle Malkin, “Why Obama’s ‘Community Organizer’ Days Are a Joke,” Real Clear Politics, September 5, 2008, https://www.realclearpolitics.com/articles/2008/09/why_obamas_community_organizer.html.

CHAPTER 5

1.   “An Act to Provide a National Budget System and an Independent Audit of Government Accounts, and for Other Purposes,” June 10, 1921, http://legisworks.org/sal/42/stats/STATUTE-42-Pg20.pdf.

2.   Congressional Budget Office, “Introduction to the Congressional Budget Office,” July 2016, https://www.cbo.gov/sites/default/files/cbofiles/attachments/2016-IntroToCBO.pdf.

3.   Alexis de Tocqueville, “Political Associations in the United States,” Democracy in America, vol. 1 (London: Saunders and Otley, 1835), available at http://xroads.virginia.edu/~hyper/DETOC/1_ch12.htm.

4.   Elizabeth Dwoskin, “A Brief History of Lobbying,” Bloomberg Businessweek, June 7, 2012, https://www.bloomberg.com/news/articles/2012–06–07/a-brief-history-of-lobbying.

5.   Compact Edition of the Oxford English Dictionary: Complete Text Reproduced Micrographically (New York: Oxford University Press, 1971), s.v. “lobby.”

6.   Compact Edition of the Oxford English Dictionary, s.v. “lobbyist.”

7.   OpenSecrets, “Lobbying Database,” https://www.opensecrets.org/lobby/index.php.

8.   OpenSecrets, “Top Spenders,” https://www.opensecrets.org/lobby/top.php?indexType=s&showYear=2018.

9.   OpenSecrets, “Top Recipients of Contributions from Lobbyists (Politicians),” 2018, https://www.opensecrets.org/lobby/lobby_contribs.php.

10. OpenSecrets, “Top Recipients of Contributions from Lobbyists (Committees),” https://www.opensecrets.org/lobby/lobby_contribs.php?cycle=2018&type=C.

11. TPM TV, “Romney: Corporations Are People, My Friend,” August 11, 2011, video, 0:26, YouTube, https://www.youtube.com/watch?v=KlPQkd_AA6c; Philip Rucker, “Mitt Romney Says ‘Corporations Are People,’” Washington Post, August 11, 2011, https://www.washingtonpost.com/politics/mitt-romney-says-corporations-are-people/2011/08/11/gIQABwZ38I_story.html?utm_term=.6d594b361aa2.

12. Justia: U.S. Supreme Court, Citizens United v. Federal Election Commission, 558 U.S. 310 (decided January 21, 2010), https://supreme.justia.com/cases/federal/us/558/08–205/.

13. Chris Cillizza, “How Citizens United Changed Politics, in 7 Charts,” Washington Post, January 22, 2014, https://www.washingtonpost.com/news/the-fix/wp/2014/01/21/how-citizens-united-changed-politics-in-6-charts/.

14. IRS, “Social Welfare Organizations,” n.d., https://www.irs.gov/Charities-&-Non-Profits/Other-Non-Profits/Social-Welfare-Organizations.

15. Bureau of Labor Statistics, “Current Employment Statistics-CES (National),” June 7, 2019, https://www.bls.gov/web/empsit/ceseeb1a.htm.

16. See, for instance, Ronald Pestritto, “The Birth of the Administrative State: Where It Came From and What It Means for Limited Government,” Heritage Foundation, November 20, 2007, http://www.heritage.org/research/reports/2007/11/the-birth-of-the-administrative-state-where-it-came-from-and-what-it-means-for-limited-government; and Glenn Harlan Reynolds, “Blow Up the Administrative State,” USA Today, January 18, 2016, http://www.usatoday.com/story/opinion/2016/01/18/glenn-reynolds-constitution-amendments-convention-greg-abbott-column/78933518/.

17. Bureau of Labor Statistics, “Police and Detectives,” Occupational Outlook Handbook, April 12, 2019, https://www.bls.gov/ooh/protective-service/police-and-detectives.htm.

18. James D. Agresti, “A Look at Pay for Federal Employees Compared to Their Private-Sector Counterparts,” Foundation for Economic Education, September 5, 2018, https://fee.org/articles/a-look-at-pay-for-federal-employees-compared-to-their-private-sector-counterparts/; Congressional Budget Office, “Comparing the Compensation of Federal and Private-Sector Employees, 2011 to 2015” (April 2017), https://www.cbo.gov/system/files/115th-congress-2017–2018/reports/52637-federalprivatepay.pdf.

19. Eric Yoder, “Federal Employees Lag behind Private Sector Workers in Salaries by 32 Percent on Average, Report Says,” Washington Post, April 11, 2018, https://www.washingtonpost.com/news/powerpost/wp/2018/04/11/federal-employees-lag-private-sector-workers-in-salaries-by-32-percent-on-average-report-says/?utm_term=.59f24bff5f5d.

20. Concord Coalition, n.d., “Mission Statement,” https://www.concordcoalition.org/mission-statement.

21. Concord Coalition, “Press Release: Concord Coalition Denounces Assault on CBO,” July 26, 2017, https://www.concordcoalition.org/press-release/concord-coalition-denounces-assault-cbo.

22. Arthur Kallet and F. J. Schlink, 100,000,000 Guinea Pigs: Dangers in Everyday Foods, Drugs, and Cosmetics (New York: Vanguard Press, 1933), vii–viii; available at Archive.org, https://archive.org/details/100000000GuineaPigsCopy/.

23. Elizabeth Mendes, “The Study That Helped Spur the U.S. Stop-Smoking Movement,” American Cancer Society, January 9, 2014, https://www.cancer.org/latest-news/the-study-that-helped-spur-the-us-stop-smoking-movement.html.

24. American Cancer Society, “History of the Great American Smokeout Event,” September 11, 2018, https://www.cancer.org/healthy/stay-away-from-tobacco/great-american-smokeout/history-of-the-great-american-smokeout.html.

25. Justia: US Supreme Court, Cipollone v. Liggett Group, Inc., 505 U.S. 504 (decided June 23, 1992), https://supreme.justia.com/cases/federal/us/505/504/.

26. Morton Mintz, “Nicotine Cited as Drug in Smoker Suit,” Washington Post, March 1, 1988, https://www.washingtonpost.com/archive/business/1988/03/01/nicotine-cited-as-drug-in-smoker-suit/0cffd97b-7e5a-48e5-bd5d-0d0be7c160f9/?utm_term=.306d2c5514cf.

27. Robert L. Rabin and Stephen D. Sugarman, eds., Regulating Tobacco (New York: Oxford University Press, 2001), 22.

28. Marie Brenner, “The Man Who Knew Too Much,” Vanity Fair, May 1996, https://www.vanityfair.com/news/1996/05/jeffrey-wigand-big-tobacco.

29. Barry Meier, “Acting Alone, Mississippi Settles Suit with 4 Tobacco Companies,” New York Times, July 4, 1997, https://www.nytimes.com/1997/07/04/us/acting-alone-mississippi-settles-suit-with-4-tobacco-companies.html.

30. Wikipedia, s.v. “Tobacco Master Settlement Agreement” https://en.wikipedia.org/wiki/Tobacco_Master_Settlement_Agreement.

31. To get an idea of the extent of CRS involvement in tobacco industry legal research, see Congressional Research Service, “Tobacco: Selected Legal Issues,” January 14, 2013, https://www.everycrsreport.com/files/20130114_RL33719_ab37542303e0ef4a0a7c8ad998c941e37f411719.pdf.

32. Centers for Disease Control and Prevention, National Center for Health Statistics, “Assault or Homicide: Mortality,” May 30, 2013, https://www.cdc.gov/nchs/fastats/homicide.htm.

33. The NRA did tweet its outrage against emergency room physicians who called gun violence a public health crisis: “Someone should tell self-important anti-gun doctors to stay in their lane” (NRA, November 7, 2018, 11:43 a.m., https://twitter.com/NRA/status/1060256567914909702). In March 2018, language was added to the 2019 budget bill, passed by Congress, to end some twenty years of NRA-backed limits on Centers for Disease Control (CDC) research on gun violence. This was a victory for the elected government, the unelected government, and, most of all, the American people. It was a defeat for the powerful NRA special-interest industry lobbying group. See Matthew Haig, “Doctors Revolt after N.R.A. Tells Them to ‘Stay in Their Lane’ on Gun Policy,” New York Times, November 13, 2018, https://www.nytimes.com/2018/11/13/us/nra-stay-in-your-lane-doctors.html; and Jon Greenberg, “Spending Bill’s Gun Research Line: Does It Nullify Dickey Amendment?” Politifact, March 27, 2018, https://www.politifact.com/truth-o-meter/article/2018/mar/27/spending-bills-gun-research-line-does-it-matter/.

34. Cassandra Vinograd, “WDBJ7 Reporter Alison Parker, Photographer Adam Ward Killed on Live TV,” NBC News, August 26, 2015, https://www.nbcnews.com/storyline/virginia-tv-shooting/wdbj7-reporter-alison-parker-photographer-adam-ward-killed-live-tv-n416221.

35. Alan Cohen and Erin McClam, “Father of Slain Reporter Alison Parker: Find Way to ‘Keep Crazy People from Getting Guns,’” NBC News, August 27, 2015, https://www.nbcnews.com/storyline/virginia-tv-shooting/father-slain-reporter-alison-parker-find-way-keep-crazy-people-n417046.

36. Alex Yablon, “What Happened to the $1.3 Billion Congress Approved to Improve Federal Gun Background Checks?” Trace, July 27, 2015, https://www.thetrace.org/2015/07/nics-background-check-congress-spending/.

37. “Public Law 115–8, Joint Resolution,” February 28, 2017, https://www.govinfo.gov/content/pkg/PLAW-115publ8/html/PLAW-115publ8.htm.

38. Lois Beckett, “Myth vs. Fact: Violence and Mental Health,” ProPublica, June 10, 2014, https://www.propublica.org/article/myth-vs-fact-violence-and-mental-health.

39. R. J. Reinhart, “Six in 10 Americans Support Stricter Gun Laws,” Gallup, October 17, 2018, https://news.gallup.com/poll/243797/six-americans-support-stricter-gun-laws.aspx.

CHAPTER 6

1.   “Senate Created: September 17, 1787,” United States Senate, https://www.senate.gov/artandhistory/history/minute/Senate_Created.htm.

2.   Wikipedia, s.v. “Nuclear Option,” https://en.wikipedia.org/wiki/Nuclear_option.

3.   Kevin Poulsen, “U.S. Intelligence Shuts Down Damning Report on Whistleblower Retaliation,” Daily Beast, February 11, 2018, https://www.thedailybeast.com/us-intelligence-shut-downs-damning-report-on-whistleblower-retaliation?ref=scroll.

4.   Kevin Gosztola, “Interior Department Whistleblower Goes Public with Claim of Retaliation by Trump Administration,” ShadowProof, July 19, 2017, https://shadowproof.com/2017/07/19/interior-department-whistleblower-goes-public-claims-retaliation-trump-administration/.

5.   Gosztola, “Interior Department.”

6.   Paul Krugman, “Donald Trump Is Trying to Kill You,” New York Times, April 4, 2019, https://www.nytimes.com/2019/04/04/opinion/trump-deadly-deregulation.html; Thomas Kaplan, “After Boeing Crashes, Sharp Questions about Industry Regulating Itself,” New York Times, March 26, 2019, https://www.nytimes.com/2019/03/26/us/politics/boeing-faa.html?module=inline; FDA, “Outbreaks of Foodborne Illness,” May 24, 2019, https://www.fda.gov/food/recallsoutbreaksemergencies/outbreaks/default.htm.

7.   Jason Pye, “19 Ridiculous Federal Criminal Laws and Regulations,” FreedomWorks, January 14, 2016, http://www.freedomworks.org/content/19-ridiculous-federal-criminal-laws-and-regulations.

8.   Justia: U.S. Supreme Court, J. W. Hampton, Jr. & Co. v. United States, 276 U.S. 394 (decided April 8, 1928), https://supreme.justia.com/cases/federal/us/276/394/.

9.   “5 U.S. Code Chapter 5—Administrative Procedure,” Legal Information Institute, Cornell Law School, https://www.law.cornell.edu/uscode/text/5/part-I/chapter-5.

10. Howard Beales et al., “Government Regulation: The Good, The Bad, & The Ugly,” released by the Regulatory Transparency Project of the Federalist Society, June 12, 2017, https://regproject.org/paper/government-regulation-the-good-the-bad-the-ugly/.

11. Clyde Wayne Crews, Ten Thousand Commandments 2015: An Annual Snapshot of the Federal Regulatory State, May 8, 2015, Competitive Enterprise Institute, https://cei.org/10kc2015.