Monday, May 20, 2019

Physical Activity Helps Arthritis Pain

"Learn how physical activity can ease arthritis pain over time.
For many adults with arthritis, severe joint pain reduces their quality of life and limits what activities they do. Physical activity programs can help reduce arthritis pain.

Physical Activity Programs to Reduce Arthritis Pain


About 15 million US adults with arthritis report having severe joint pain. That is pain at a seven or higher on a scale of zero (no pain) to ten (as bad as it can be). Joint pain can interfere with daily activities such as:
  • Carrying groceries
  • Holding a cup
  • Walking to the car
Physical activity can be a good way to manage and reduce arthritis pain. CDC promotes several evidence-based physical activity programsthat can help reduce arthritis pain. These programs use low-impact, arthritis-appropriate exercises and include activities such as:
  • Walking
  • Biking
  • Swimming
These programs can help adults with arthritis of all fitness levels engage in physical activity. For adults with arthritis and severe joint pain, providers can recommend a staged approach to gradually increase physical activity.
Self-management education workshops such as the Chronic Disease Self-Management Program (CDSMP) can also help adults with arthritis learn strategies to manage pain in daily life.
For a full list and descriptions of recommended and promising physical activity and self-management education workshops, visit the CDC Arthritis Program’s Lifestyle Management Programs page.."
Arthritis and pain


Monday, May 13, 2019

Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

"Congress’s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish the contemnor, and/or to remove the obstruction. Although arguably any action that directly obstructs the effort of Congress to exercise its constitutional powers may constitute a contempt, in recent times the contempt power has most often been employed in response to noncompliance with a duly issued congressional subpoena—whether in the form of a refusal to appear before a committee for purposes of providing testimony, or a refusal to produce requested documents.

Congress has three formal methods by which it can combat non-compliance with a duly issued subpoena. Each of these methods invokes the authority of a separate branch of government. First, the long dormant inherent contempt power permits Congress to rely on its own constitutional authority to detain and imprison a contemnor until the individual complies with congressional demands. Second, the criminal contempt statute permits Congress to certify a contempt citation to the executive branch for the criminal prosecution of the contemnor. Finally, Congress may rely on the judicial branch to enforce a congressional subpoena. Under this procedure, Congress may seek a civil judgment from a federal court declaring that the individual in question is legally obligated to comply with the congressional subpoena..."
Congress's Contempt Power

Congressional Access to the President’s Federal Tax Returns

"UPDATE 5/7/2019:
On April 3, 2019, the Chair of the House Ways and Means Committee sent a letter to the Commissioner of the Internal Revenue Service requesting the individual income tax returns of President Trump, income tax returns for various business entities related to President Trump, and additional administrative files and audit information relating to such returns. The request covers returns filed for tax years 2013 through 2018.

On May 6, 2019, the Secretary of the Treasury informed the Chairman of the House Ways and Means Committee that, on the advice of the Department of Justice, he will not release the President’s tax return information because “the Committee’s request lacks a legitimate legislative purpose.” The Secretary also stated that the Department of Justice will publicly release its legal reasoning on the subject “as soon as practicable.”

The original post from March 15, 2019 follows below.

The Chair of the House Ways and Means Committee is reportedly preparing to send a request to the Treasury Department’s Internal Revenue Service (IRS) to obtain President Trump’s federal tax returns. This request appears prompted by the President’s departure from the past practice of sitting presidents and presidential candidates voluntarily disclosing their recent tax returns. This Sidebar analyzes the ability of Congressional Research Service 7-5700 www.crs.gov LSB10275 Congressional Research Service 2 a congressional committee to obtain the President’s tax returns under provisions of the Internal Revenue Code (IRC); whether the President or the Treasury Secretary might have a legal basis for denying a committee request for the returns; and, if a committee successfully acquires the returns, whether those returns legally could be disclosed to the public..."
President's tax returns

Terrorism, Violent Extremism, and the Internet: Free Speech Considerations

"Recent acts of terrorism and hate crimes have prompted a renewed focus on the possible links between internet content and offline violence. While some have focused on the role that social media companies play in moderating user-generated content, others have called for Congress to pass laws regulating online content promoting terrorism or violence. Proposals related to government action of this nature raise significant free speech questions, including (1) the reach of the First Amendment’s protections when it comes to foreign nationals posting online content from abroad; (2) the scope of so-called “unprotected” categories of speech developed long before the advent of the internet; and (3) the judicial standards that limit how the government can craft or enforce laws to preserve national security and prevent violence.

At the outset, it is not clear that a foreign national (i.e., a non-U.S. citizen or resident) could invoke the protections of the First Amendment in a specific U.S. prosecution or litigation involving online speech that the foreign national posted from abroad. The Supreme Court has never directly opined on this question. However, its decisions regarding the extraterritorial application of other constitutional protections to foreign nationals and lower court decisions involving speech made by foreign nationals while outside of the United States suggest that the First Amendment may not apply in that scenario. In contrast, free speech considerations are likely to be highly relevant in evaluating the legality of (1) proposals for the U.S. government to regulate what internet users in the United States can post, or (2) the enforcement of existing U.S. laws where the government seeks to hold U.S. persons liable for their online speech.

 Although the government typically can regulate conduct without running afoul of the First Amendment, regulations that restrict or burden expression often do implicate free speech protections. In such circumstances, courts generally distinguish between laws that regulate speech on the basis of its content (i.e., the topic discussed or the message expressed) and those that do not, subjecting the former to more stringent review. A law that expressly restricts online communications or media promoting violence or terrorism is likely to be deemed a content-based restriction on speech; whereas a law that primarily regulates conduct could be subject to a less stringent standard of review, unless its application to speech turns on the message expressed. Whether such laws would survive First Amendment scrutiny depends on a number of factors.."
Terrorism, internet, free speech

Friday, May 10, 2019

Impeachment and Removal

"The impeachment process provides a mechanism for removal of the President, Vice President, and other “civil Officers of the United States” found to have engaged in “treason, bribery, or other high crimes and misdemeanors.” The Constitution places the responsibility and authority to determine whether to impeach an individual in the hands of the House of Representatives. Should a simple majority of the House approve articles of impeachment specifying the grounds upon which the impeachment is based, the matter is then presented to the Senate, to which the Constitution provides the sole power to try an impeachment. A conviction on any one of the articles of impeachment requires the support of a two-thirds majority of the Senators present.

Should a conviction occur, the Senate retains limited authority to determine the appropriate punishment. Under the Constitution, the penalty for conviction on an impeachable offense is limited to either removal from office, or removal and prohibition against holding any future offices of “honor, Trust or Profit under the United States.” Although removal from office would appear to flow automatically from conviction on an article of impeachment, a separate vote is necessary should the Senate deem it appropriate to disqualify the individual convicted from holding future federal offices of public trust. Approval of such a measure requires only the support of a simple majority.

 Key Takeaways of This Report

 The Constitution gives Congress the authority to impeach and remove the President, Vice President, and other federal “civil officers” upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors.
 A simple majority of the House is necessary to approve articles of impeachment.
 If the Senate, by vote of a two-thirds majority, convicts the official on any article of impeachment, the result is removal from office and, at the Senate’s discretion, disqualification from holding future office.
 The Constitution does not articulate who qualifies as a “civil officer.” Most impeachments have applied to federal judges. With regard to the executive branch, lesser functionaries—such as federal employees who belong to the civil service, do not exercise “significant authority,” and are not appointed by the President or an agency head—do not appear to be subject to impeachment. At the opposite end of the spectrum, it would appear that any official who qualifies as a principal officer, including a head of an agency such as a Secretary, Administrator, or Commissioner, is likely subject to impeachment.
 Impeachable conduct does not appear to be limited to criminal behavior. Congress has identified three general types of conduct that constitute grounds for impeachment, although these categories should not be understood as exhaustive: (1) improperly exceeding or abusing the powers of the office; (2) behavior incompatible with the function and purpose of the office; and (3) misusing the office for an improper purpose or for personal gain.
 The House has impeached 19 individuals: 15 federal judges, one Senator, one Cabinet member, and two Presidents. The Senate has conducted 16 full impeachment trials. Of these, eight individuals—all federal judges—were convicted by the Senate..."
Impeachment and removal


Thursday, May 9, 2019

The Yield Curve and Predicting Recessions

"Economists and financial markets closely monitor interest rates in hopes of gleaning information about the path of the economy. One measure of particular interest is the “yield curve.” Recently, the yield curve associated with U.S. Treasuries inverted. This Insight discusses possible explanations for the inversion, including whether the inversion is signaling that the economy will enter a recession.

What Is the Yield Curve?

A yield curve plots the interest rates on various short-term, medium-term, and long-term bonds by the same issuer. Normally, short-term interest rates are lower than longer-term interest rates for a variety of reasons, producing an upward-sloping yield curve. For example, Figure 1 shows the Treasury bond yield curve on February 5, 2015; as the maturity date lengthens, the yield is higher at each point on the curve..."
Yield curve

The Violence Against Women Act (VAWA): Historical Overview, Funding, and Reauthorization

"The Violence Against Women Act (VAWA): Historical Overview, Funding, and Reauthorization

The Violence Against Women Act (VAWA; Title IV of P.L. 103-322) was originally enacted in 1994. It addressed congressional concerns about violent crime, and violence against women in particular, in several ways. It allowed for enhanced sentencing of repeat federal sex offenders; mandated restitution to victims of specified federal sex offenses; and authorized grants to state, local, and tribal law enforcement entities to investigate and prosecute violent crimes against women, among other things. VAWA has been reauthorized three times since its original enactment. Most recently, Congress passed and President Obama signed the Violence Against Women Reauthorization Act of 2013 (P.L. 113-4), which reauthorized most VAWA programs through FY2018, among other things.

The fundamental goals of VAWA are to prevent violent crime; respond to the needs of crime victims; learn more about crime; and change public attitudes through a collaborative effort by the criminal justice system, social service agencies, research organizations, schools, public health organizations, and private organizations. The federal government tries to achieve these goals primarily through federal grant programs that provide funding to state, tribal, territorial, and local governments; nonprofit organizations; and universities..."
Violence Against Women Act

CDC Estimate:Annual Number of Measles Deaths, with and Without Vaccination Programs, Worldwide, 2010-2017

"By the end of 2017, 85% of children worldwide had received one MMR dose by their second birthday, while 67% of children received the recommended two MMR doses. A 95% vaccination rate is necessary to achieve herd immunity and stop outbreak spread. Unvaccinated children and pregnant women are at the highest risk of measles and subsequent complications, including death. In 2017, there were 110,000 measles deaths globally, the majority of which were in children under five.

Regional Trends in Measles Cases

Despite the global increase in vaccination rates, measles outbreaks continue to occur. According to the WHO, one factor driving outbreaks is poverty: medical systems in many afflicted nations remain underfunded and weak, unable to vaccinate enough children to stop the virus’ spread. Today, there are an estimated 21 million unvaccinated infants globally, half of whom are in five countries: Nigeria, India, Pakistan, Indonesia, and Ethiopia..."
Measles

Tuesday, May 7, 2019

Crabs, lobsters and shrimp now have a family tree dating 500 million years

"Researchers have for the first time traced the roots of crabs, lobsters and shrimp to create the family tree of crustaceans people love to eat.
The tree shows the 450-million-year evolution of these 10-legged decapods, when lobsters and crabs each diversified from a single evolutionary origin. Groups of shrimp evolved earlier.
The findings are part of a massive family tree project where researchers resolved the deep evolutionary relationships between crabs, shrimp and lobsters. The discoveries, made by analyzing more than 400 genes from 94 species could also inform conservation policies to ensure their longevity..."
Crabs, lobster origin

Aging without Injury

"One in four older adults who are 65 years of age will live into their 90s. Although risk of injury increases as we age, aging without injury is possible. Older adults can take specific steps to help keep themselves and their loved ones safe from injury.
The month of May is designated Older Americans Month to celebrate and acknowledge the contributions of older Americans in every community. This year, consider sharing vital information to help those 65 years and older age without injury.

Age Safely

People age 65 and older are at higher risk for injury. Common injuries include:
  • Falls―the leading cause of injury and injury death among adults 65 years of age and older.
  • Motor vehicle crashes―the second leading cause of injury death for older adults.
  • Traumatic brain injury and concussion―commonly result from falls and motor vehicle crashes. Older adults age 75+ are at greatest risk..."
    Aging and injury

Germany surrender to the Americans May 7, 1945

 

"Jubilant American soldier hugs motherly English woman and victory smiles light the faces of happy service men and civilians at Piccadilly Circus, London, celebrating Germany's unconditional surrender. England, May 7, 1945."

"Jubilant American soldier hugs motherly English woman and victory smiles light the faces of happy service men and civilians at Piccadilly Circus, London, celebrating Germany's unconditional surrender. England, May 7, 1945." (National Archives Identifier: 531280 ); Signal Corps Photographs of American Military Activity, 1754 - 1954; Records of the Office of the Chief Signal Officer, 1860 - 1982; Record Group 111; National Archives..".
Germany surrender

Anxiety and depression in children: Get the facts

"Anxiety and depression in children: Get the facts

Many children have fears and worries, and may feel sad and hopeless from time to time. Strong fears may appear at different times during development. For example, toddlers are often very distressed about being away from their parents, even if they are safe and cared for. Although some fears and worries are typical in children, persistent or extreme forms of fear and sadness could be due to anxiety or depression. Learn about anxiety and depression in children.

Facts

  • Anxiety and depression affect many children1
    • 7.1% of children aged 3-17 years (approximately 4.4 million) have diagnosed anxiety.
    • 3.2% of children aged 3-17 years (approximately 1.9 million) have diagnosed depression.
  • Anxiety and depression have increased over time2
    • “Ever having been diagnosed with either anxiety or depression” among children aged 6-17 years increased from 5.4% in 2003 to 8% in 2007 and to 8.4% in 2011–2012.
    • “Ever having been diagnosed with anxiety” among children aged 6-17 years increased from 5.5% in 2007 to 6.4% in 2011–2012.
    • “Ever having been diagnosed with depression” among children aged 6-17 years did not change between 2007 (4.7%) and 2011–2012 (4.9%)..."
      Children and anxiety

Food Safety at Fairs and Festivals

"A fun family activity is attending fairs, festivals, carnivals, and rodeos. Follow these tips to have a safe cooking, eating, and drinking experience at those events.
Fairs and festivals are exciting events and there are always fun things to see and experience, including art work, music, games, and rides. One of the biggest draws to these events is the many different types of foods and drinks available.
Sometimes the usual safety controls in a kitchen, like handwashing facilities, refrigeration, thermometers to check food temperatures, and workers trained in food safety, may not be available when cooking and dining at fairs and festivals. This makes it even more important for you to follow food safety tips.
Remember that food safety practices are the same at fairs as they are at restaurants and at home: Clean, Separate, Cook, and Chill. Learn more about these steps, and reduce your chances of getting food poisoning..."
Fairs and food safety

Saturday, May 4, 2019

Administration Proposal to Reorganize the U.S. Office of Personnel Management (OPM)

"The U.S Office of Personnel Management (OPM), the federal government’s central personnel agency, is an independent establishment in the executive branch. Created by the Civil Service Reform Act of 1978, the agency’s statutory authority is codified in 5 U.S.C. Chapter 11. In June 2018, President Donald Trump issued reorganization recommendations that included a proposal to transfer several OPM functions to the Executive Office of the President (EOP) and the General Services Administration (GSA). The President’s FY2020 budget restated the reorganization proposal, including that the entire agency would be reorganized.

Government Reorganization Authority.

Reorganizations that exceed the boundaries of one agency, or that are inconsistent with existing law, are generally accomplished through the legislative process. In some cases, Congress has changed the organization of an agency by shifting funding and functions between offices. Where statutes vest functions in the President, they may be delegated and redelegated. In general, agency heads have discretion, consistent with existing statutes, to organize and manage the day-to-day operations of their organizations. These authorities do not, however, supersede or conflict with specific statutory directives, limitations, or organizational arrangements.

According to the budget proposal, “the Administration has been developing plans to execute transfers of OPM functions to GSA and the Department of Defense using a combination of existing legal authority and legislation” since June 2018..."
Office of Personnel Management

The Emoluments Clauses of the U.S. Constitution

"Recent litigation involving President Trump has raised a number of legal issues concerning formerly obscure constitutional provisions that prohibit the acceptance or receipt of “emoluments” in certain circumstances. This In Focus provides an overview of these constitutional provisions, highlighting several unsettled legal areas concerning their meaning and scope, and reviewing the status of ongoing litigation against President Trump based on alleged violations of the Emoluments Clauses.

The Constitutional Provisions.
The Constitution mentions emoluments in three provisions, each sometimes referred to as the “Emoluments Clause”:
 The Foreign Emoluments Clause (art. I, § 9, cl. 8): “[N]o Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

 The Domestic Emoluments Clause (a.k.a. the Presidential Emoluments Clause) (art. II, § 1, cl. 7): “The President shall, at stated Times, receive for his Services, a Compensation which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.”

 The Ineligibility Clause (art. I, § 6, cl. 2): “No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.”.."
Emolument clauses