preemps the federal common law -- preempts the federal common law? >> i would refer to it as replacement. it refers common law across a variety of areas but it distinguishes between displacement of federal common law. presumption is against preemption of state law. but because of federal concepts of separation of powers the presumption is in favorite of law-making by congress and not law making by courts. and that means the standards are very different. it means if congress hazarded the problem -- >> what's your best case? >> milwaukee vs. ill-. they said that congress had addressed the problem. federal common law had no role to play. it is a process in which the state and the private parties can participate. they can establish principles for rule-making. and it would be inconsistent with that process if they could take a complete end-run and about and ask courts that congress has assigned it. >> this is a merit's argument? >> yes. it says that any federal common law action would be displaced by the clean air. >> is the argument that there in fact no

the federal government is borrowing 42 cents of every federal dollar spent from this fund. we are facing a $1.6 trillion deficit. the president's irresponsible budget will double the national debt from $14 trillion to $26 trillion. this endless spending is fiscally irresponsible. it's morally bankrupt. spending today is debt that our children and grandchildren will pay tomorrow. i urge my colleagues to vote no on the m.t.r. so we can get our house back in fiscal order. i yield back. the speaker pro tempore: the gentleman yields back. the question is on the motion to recommit. those in favor say aye. those opposed, no. the noes have it. the speaker pro tempore: the chair lays in front of the house an enrolled bill. the speaker pro tempore: senate -- the clerk: senate joint resolution 8, joint resolution for the appointment of a citizen region of the smithsonian institution. the speaker pro tempore: the chair will entertain requests for one-minute speeches. for what purpose does the gentleman from missouri seek recognition? >> thank you, mr. speaker. i rise today to talk abou

altogether, 12 federal programs.receiving close to about $4.8 million right now for all these 12 programs. in a fitting over 3000 seniors -- benefiting over 3000 seniors from affordable housing to affordable health care to training and also naturalization citizenship program. if we follow the recommended cuts right now, the number of these programs will be zero out, and i do not know how our community and seniors will be able to take these cuts. on top of these millions of dollars of cuts coming down from the federal government, we already have reported back to you earlier that $1.6 million, about the health care center, will be eliminated. unless the state legislature has a continuing recommendation, how to continue the program. many of the seniors are so vulnerable that almost immediately, we will see an increase in nursing home placement. i hope that you will work with us [inaudible] supervisor chu: thank you. >> good afternoon. executive director of japanese community council. i came here today specifically to ra

as you all know, the federal fiscal year runs from -- it is an oct.the end of september fiscal year. in this current fiscal year, there is no budget. they are operating on a continuing resolution, which means they'd provide appropriation authority on a rolling basis. at this point, i think they are operating on a two-week extension. ideally, we would have a federal budget at the beginning of the fiscal year, but that seems to be difficult for them. and is challenging for us because it means it is hard to plan. the president proposed his budget in the middle of january, and proposed some significant cuts to programs that affect community members in san francisco and that will also affect our budget. many of those cuts were proposed at even deeper levels by congress. so i thought i would review a couple of the major cuts that have been proposed and what those level of cuts would look like if they were adopted by congress. for example -- and you will here momentarily from the mayor's office of housing, the community development division -- in greater det

the federal government, scalia sayswe held, may not come how the states to enact or eforce a federal regulatory program to administer or enforce a feral regulatory program would do you think that does for obamacare? sounds like he's talking directly to that issue, and just in closing i will quote justice scalia one more time the federal government may neither issue directives requiring the states to address particular problems they can't even give us directed to do that, nor command of the state's officers or those of their political subdivisions, what are the political subdivisions? counties, cities, school boards to administer or enforce a federal regulatory program. it matters nt whether policy-making is involved and no case by case weighingof the burden for benefits is necessary, suc commands are fundamentally incompatible with our constitutional system of dual sovereignty, end of quote, i'm don. thank you. [applause] >> thank you, richard mack. i'm now going to invite the panelists if they wish to comment on one another's remarks and i'm going to begin with professor kaufman. >>

the federal government, scalia says, we held, may not come how the states to enact or enforce a federal regulatory program to administer or enforce a federal regulatory program would do you think that does for obamacare? sounds like he's talking directly to that issue, and just in closing i will quote justice scalia one more time the federal government may neither issue directives requiring the states to address particular problems they can't even give us directed to do that, nor command of the state's officers or those of their political subdivisions, what are the political subdivisions? counties, cities, school boards to administer or enforce a federal regulatory program. it matters not whether policy-making is involved and no case by case weighing of the burden for benefits is necessary, such commands are fundamentally incompatible with our constitutional system of dual sovereignty, end of quote, i'm don. thank you. [applause] >> thank you, richard mack. i'm now going to invite the panelists if they wish to comment on one another's remarks and i'm going to begin with professor kaufma

we do this to ensure compliance with federal law. the city has no further authority to regulate rf levels. the processes of the plan department found that the city and public are well aware of the plans for antennas. here is the processes so we can help understand the cumulative effect. we have six steps up for review of the proposed wireless facilities. this must be updated so we will know about all future proposed installations. second, the submission of the -- report. we understand the outputs in this area. third, approval by the department of public health. fourth, is that it review of the site including the resourced review. 6, specification about the antenna and the streets where they will be installed. after our view, these are referred to the planning commission -- planning commission. these can be approved with an excess reuse with required notification. after we told neighbors about the wireless internet, a discretionary review request was filed. the commission did not take d.r. but instead approved the project. in addition

. >> pleitos en la corte federal.erno de arizona puede ahora pedir que en lugar de tres jueces, la decisión sea reexamino ada por un panel numeroso de la corte de apelación, pero independientemente de que se haga arizona va a llevar el caso a la corte suprema de la nación, aunque tome tiempo. en san francisco, univisión. >> y sin dudo kbl esta decisión genera reacción nosotros arizona donde el tema migratorio despierta pasiones, y víctor hugo está ahí y nos dice lo que piensas a un los que ap pofl a un y con los se oponen a la sb 1070. >> representantes de organizaciones que abogan por derechos humanos y que móvil zar un boicot económico en arizona por la ley 10, 70... esta tarde proclamaron victoria ante la decisión que se dio a conocer en la corte de san francisco para no permitir que la ley sb 1070 entre en vigor en su totalidad. >>>_que fue una victoria legal pe . >periodista: pero un policía tiene la discreción de parar a alguien y pedir papel. >> lazo corte de cali cual rechazó la petición de la gobernadora de a

mandates i'm not calling for secession i want the federal government we had that. not just corporate run new world order system in is there any of the legal or constitutional basis for either secession or nullification only if you take a bigger race or the constitution the constitution says something called the supremacy clause that all laws of all federal laws are the supreme wall of the land there is a process by which a law can be struck down that process is not a state unilaterally declaring it unconstitutional that process is the court system and until that is happen federal laws are the supreme wall of the land health center what about the tenth amendment the tenth amendment does not deny the tenth amendment does not eliminate the supremacy clause federal laws are the supreme law of the land the tenth amendment says if the government then exceeds its power there is a process in place to strike it down but the health care law is clearly constitutional the federal government has the power not just to regulate commerce among the several states mean medical regul

in federal. my neighbor down the street made about the same money but he only paid about $30,000. in the last 10 years, he has received over $1 million in tax breaks, so can you tell me what kind of job he produced? he was a retired gentleman, does not drive a fancy car or anything, but you tell me what kind of jobs he produced with that $1 million you gave him a. in 2002, my insurance premiums $160000 and now it's over for my family of 4. if you are going to tackle anything, you have to tackle health care. what is your plan to reduce the health care costs? what is your plan? guest: the good thing is i am on the committee that deals with health care. your first question about what kind of jobs if your neighbor produced, i would need more detail. i do not know what he does for a living. when it comes to insurance and health-care costs, look. i tell you what did not happen. when obamacare passed or the affordable health care reform passed, there were many that expected this should be miraculously h

the federal land. i'm thinking, dude, the grand canyon, they are going to take the grand canyon and tell it? i would think it were amusing if it weren't taken so seriously. i think it really represents the threat thought common will and to the notion that we are a united states of america. i'll close and try to be better in the lightning round. [laughter] [applause] >> thank you. lou, a little bit of -- i was with judge william to some the years that you described. >> really? >> the situation in texas pertained to people of color is exactly as he describes it. >> and what a judge. >> what a judge. i miss him very much. just like i miss molly. i think the two of them are laughing together somewhere right now. >> the best of texas. >> richard mack. >> thank you. it's a pleasure to be here and to be on the panel with these distinguished panelist. first of all, i'd like to just add that the supremacy clause does not grant supreme power to the federal government. it's something that is in my lawsuit, justic

craig broadwater, federal building and federal court house. with that, i yield back the balance of my time. the speaker pro tempore: the gentlewoman from west virginia reserves. ms. brown: i reserve. the speaker pro tempore: the gentlewoman reserves. the gentleman from arkansas. mr. crawford: reserve. does the gentlewoman have any other speakers? ms. brown: i yield back. the speaker pro tempore: the gentlewoman yields back. the gentleman from arkansas. mr. crawford: mr. speaker, i yield. the speaker pro tempore: the question is will the house suspend the rules and pass senate 307. those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 being in the affirmative -- the gentlewoman from florida is recognized. ms. brown: i request the yeas and nays. the speaker pro tempore: the yeas and nays are requested. those in favor of taking the vote on the yeas and nays will rise and remain standing until counted. a sufficient number having arisen, yained pursuant to clause 8 of rule 20, further proceedings on this question will be postp

federal funds rate. since then we have taken a number of steps, a statement with -- includes a vote. we have -- we produce very detailed minutes which are released only three weeks after the meeting which is essentially a production lag. we now provide quarterly projections including long-run objectives as well as near-term outlook. we have substantial means of communicating through speeches, testimony and the like, and so we have become i think a very -- a very transparent central bank. that being said, we had a subcommittee headed by the vice chair of the board looking for different steps to take to provide additional transparency and accountability. and the press conference was -- came right to the top because this is an area first of all where global central bank practice includes now many central banks do use press conferences and we have some experience with them. and secondly, it does provide a chance for the chairman, in this case, to provide some additional color and context for both in this cas

these questions, are these in compliance with federal regulations? >> i will turn that back over to the department. >> yes, these are well below 1% sold of the threshold. >> thank you. >> any additional questions to the city staff? are there members of the public that wish to speak in support of the appellants? can you please step up to the microphone? >> hello, my name is victoria robinson and i live at 1653 grant ave. i am in favor of an appeal. i have a lot of things i want to say but after here -- but after hearing everyone talked, san francisco has a history of going against the federal government and making rules that fit us. looking at the environment, this is something we need to do. this is not 1995, this is 2011. people are more concerned about radioactive waste, radiation. the influx that the amount of satellites that we have and the city which is stupendous. this is absolutely unbelievable. i think we need to look at the effect today by today's standards and not what was written in 1996. i just think that if we really want to go ahead and

federal funds rate. since then we have taken a number of steps, a statement with -- includes a vote. we have -- we produce very detailed minutes which are released only three weeks after the meeting which is essentially a production lag. we now provide quarterly projections including long-run objectives as well as near-term outlook. we have substantial means of communicating through speeches, testimony and the like, and so we have become i think a very -- a very transparent central bank. that being said, we had a subcommittee headed by the vice chair of the board looking for different steps to take to provide additional transparency and accountability. and the press conference was -- came right to the top because this is an area first of all where global central bank practice includes now many central banks do use press conferences and we have some experience with them. and secondly, it does provide a chance for the chairman, in this case, to provide some additional color and context for both in this cas

but it doesn't end with the federal workforce because the federal workforce, with theiral salaries, they buy goods and services. literally thousands of small business -- small businesses in maryland are going to be adversely affected, many around the country, because of the impact of the federal workforce being on if yo furlough, not geg their checks, the impact that's going to have on our businesses and on our economy. well, mr. president, it doesn't end there. federal crsers who depend upon the federal contracts, whether to help us for national security or homeland security or deal with health care issues, they're going to be affected also, because these contracts aren't going to go forward. so, mr. president, i just really wanted to continue to underscore that a government shutdown will have a major negative impact, not just on our federal workforce, not just on this -- the businesses that are going to be hurt as a result of it, but on our entire economy and all of us will sumple sumplet but i wag people up to date on the negotiations because i heard many colleagues on the other side

the federal law does trump ceqa. it is to provide you with information and facts to make your decision. there have not been any faxed provided by the appellants to suggest that there is a fair argument that has not been considered when granting this categorical exemption. >> thank you. >> the gentleman who was up here earlier who you introduced with regard to this study that was done was that study paid for by your company? >> was it paid for by our company? yes. they are required by the department and i should let him describe this. >> it is an interesting study. >> it is a measurement study that the city requires that the carriers a met. they hire us to do the study. we submit it to the department of public health. >> separately, the department has done their own studies. is that correct? >> you reference federal government. the federal government has evolves over periods of time, whether through fda or issues related to those that might condone certain uses? in this particular period of time, it seems that maybe t

this is a majority that does not even want the federal government in federal matter. what are they doing in the business of a local jurisdiction. what kind of tea party republicans are these who just added to the deficit by voting $300 million for private schools in the district of columbia, adding to the deficit in our -- and not paid for. how do you explain that back home? we didn't ask for these vouchers. nobody even consulted with public officials in the district of columbia before they put that voucher bill on. -- on the floor last week. that's the kind of contempt this majority has for the residents of the district of columbia. we're going to fight back each and every time and we're going to say to this administration and to the senate, don't give in, don't give us away. because they want a chit and they decided that chit is the district of columbia. i went to the rules committee from the very beginning when shutdown looks like it was going to occur. i said, this is our money. we need to end this fight, we all agree on that but federal spending, federal deficit,

federal prisons, too. we need to start paying attention, i guess, and start uniting as american citizens and asking people, we need to get together on this one. host: daniel from dallas. we will get back to phone calls in a moment, but we wanted to let you know that the associated press said by midnight today, most of the federal work force had been told whether they would be deemed essential or would temporarily be laid off from work if lawmakers failed to reach an agreement by midnight. once again, no agreement in sight. the house is out waiting to come back in. on recess, subject to the call of the chair. the senate is in, and all day long, they have been talking about the issue here you can follow the senate on c-span2. let's go to st. louis. pam is on our democrats line. welcome. caller: i am a government worker who was deemed today not essential, but i am for the president and the senators. i feel like shut it down. i think republicans have a false sense of their mandate that this is about -- we have

>> npr gets very little federal funding, what federal funding we do get is not general budget support. it's specific grants that have deliverable -- but public reader in general on average it's about 10% of its funding from the federal government. and that is important funding, and has paula pointed out in public television, its most important for smaller room communities that in many instances are underserved or perhaps unserved by any other source of journalism. and that federal funding is critical in supporting the local journalism, and that is an amazing resource for the american people. i mentioned a couple of times a story that we heard about in martha, -- marfa. jim lehrer and i may be going to people in the know what that is good but it's a small town out in west texas served by a public radio station. nk rts was critical in the wildfires that were playing at being informed people where roads were closed, giving them evacuate and notices, they were often out ahead of even the texas department of transportation and letting people know where they could safely travel and where th

the federal reserve.e would get your thoughts on this first-ever press conference. here are the telephone numbers. you can send this e-mail, journal@c-span.org. you can also send us at tweaked on twitter. the first-ever federal reserve press conference, we will take your phone calls on that in just a new -- a few moments. this plays out in in new york post. he says that at 2:15 p.m. bernanke is expected to lift the federal kimono a smidgen to give americans a peak -- several other takes in the papers this morning. here's the main editorial from the "washington post." "mr. bernanke is speech clause " is how they characterize it. it is appropriate that his plan to leave at a meeting and take questions from the media at the first press conference for a sitting. chaired. it is is chance to answer the fed's critics and reassure markets that the residual confidence in the dollar is not misplaced. the federal reserve holds a press conference today, its first-ever. and that -- you can see that live on c-span at 2

it is most appropriate he is with us today, federal highway administrator, because the federal government was generous in a $20 million funding for thrandmark project. deputy administrator nato heads up the shwt everyday counts initiative which is designed to employ innovation to shorten project delivery time, enhance safety on the nation's roadways and protect our environment. innovation is certainly the key element in the essex park pilot -- s.f. park pilot project we're launching today. please come up deputy director nato. >> thank you. appreciate it. good morning. it is indeed a pleasure to be here in the great city of san francisco. apparently, mr. mayor, home of the friendly parking meter. i will do my best to spread that word across the nation. mr. mayor, president chu, honored guests, thanks very much for inviting me to be part of this wonderful event. it's a pleasure to be here representing not only u.s. secretary ray lahood but my administrator victor mendez. secretary lahood's shop and in the obama administration, innovation isn't only expected of their agency, it's demanded. a

when i went to federal prison, i did time in eight different states in nine different federal prisonsincluding four penitentiaries -- that is a maximum security. including the united states penitentiary at marion, the first super federal max. that is on a marijuana convention. -- conviction. i spent most of my time in solitary confinement. you do not know this, but if you plead not duty and you get a jury trial and then you have an appellate case, you go directly to solitary confinement. were you do not have access to the law library. you do not have access to your attorneys. i spent most of my time in federal prison in solitary confinement because i had an appellate case. if you do not know this. when i came out of federal prison, i went to graduate school, directly into graduate school. my first semester in grad school as a master student, i remember the chair of the department asked me if i could teach criminology. i said, "sure." [laughter] the first day i taught class at the university of wisconsin, i had 500 students and an entire front row were milwaukee police officers. i told

of federal health care programs in other ways. one specific possibility of thiy sort is to gradually raise the medicare toege for 67, for example, to line it up with the eligibility age for full retirement benefits and social security. another specific possibility under the broad approach of reducing the number of beneficiaries is to turn theber federal medicaid payments intocr block grants instead of matching payments to increase the amounts of those block grants over time at a rate that is below the rate which spending would increase under current law and to give states much greater flexibilitys in how they spend those funds. under that change in policy, cha state governments presumably would put tighter limits onn eligibility for medicaid or reduce benefits in some other way, especially if the size of the block grants fell relative to the amount that would bel a provided under current law. a third approach to restraining federal health care spending is to increase the premiums orar cost-sharing amounts paid by beneficiaries. fo

and the federal east coast, headquarters level. it created a very interesting discussion. even a focus on topics, it was a good discussion. they took the findings that we rose at local level and use that to and form an interagency exercise in washington d.c. that we attended a represented san francisco at this meeting. headquarters level people in the same room talking to these issues. and a very interesting. i will share some of the lessons as i see them. earlier this week, it is a bit of a blur because we went to the sea for 24 hours. they actually had a senior officials exercise. now we are getting up and to white house national security staff and assistance and undersecretary level. this was the full gamut of levels in the government. we have local. the state could not join us on monday. again, the same questions were repeatedly raised. we were able to gain some insight. -#es you that i got a lot of insight and it is very interesting. how the federal government operates, it is very different and between our regional partners the are located in region 9 and headquarters

funded cops but the headlines never read federal funds dry up for police. it is mayors make our city and state. governors cut back the police budget. so what we've find out is this whole idea of federal money is kind of like the free sample of heroin that your drug dealers give away to the ultimate effect is you get hooked and the next thing you know, the monkey is on your back for the rest of your life. we are seeing governors turned down federal money to any people in this they are throwing up hands and saying, what's wrong with these guys quick what you mean they don't want money for high-speed rail quick what you mean they don't want money to expand their medicaid program? because they are smart enough to understand if the money is a lean effort to, th years, if it's not on their watch, some governor in the future will curse them for ever having take money that they can't sustain once the federal funds of it dry up if that's what more decisions need to be brought back to a local community. when i was vice-chairman of the national governors association,

this whole fight is over cutting federal spending. so would a federal shutdown save money? not necessarily. the last time this happened the government shut down for 26 days at the end of 1995 into the beginning of 1996 and it cost taxpayers $1.4 billion. brian? >> i remember those days well. john yang starting us off in chicago tonight. john, thanks. >>> now let's go to where the talking is or isn't going on, to capitol hill, and the latest on the state of play there. nbc's kelly o'donnell covering it all. kelly, good evening. >> reporter: good evening, brian. both democrats and republicans are telling us they're grinding out some progress, but still no deal. so what poured out here all day is frustration and worry about the consequences john just talked about and who's to blame. so here's how it sounded in the words of your members of congress and the president, who was at a town hall meeting in pennsylvania. >> the least we can do is meet our responsibilities to produce a budget. that's not too much to ask for. that's what the american people expect of us. that's what the

gop leaders say federal money should not fund organizations that provide abortions. democrats say that using federal funds for abortions are barred and planned parenthood's primary role is to provide health care to women. >>> a bold robbery in the heart of silicon valley. >>> bay area college students rallied to spare their schools from deep budget cuts. where they say the money can be found. >> there are some clouds out there now after morning showers. i will have the latest computer model forecasts. >> bear trying to figure out how a fast-moving fire killed two people. it broke out on madison avenue just before 2:00 this morning. they saw flames shooting out the back of the home. it seems the fire started in the attic. tonight firefighters say the home is too damaged too damaged to live in. >>> caretakers at a burial site say someone used a vehicle and rope to knock down more than two dozen headstones. it includes members of the donner party in civil war veterans. the city is hoping for donations to help repair the damage. >>> police say they have solved a brazen a

please call the next item. >> federal legislature, action item. supervisor mar: taking the long walk? >> i apologize, usually i said in the front row. we are in the middle of legislation considering bills these days. your matrix has been updated with a significant number of new bills. out of them a but like to draw your attention to four -- out of them, i would like to draw your attention to four. the first is 8076 in the second is sb72, capping the expenditure on high-speed rail 18 bonds, essentially bringing the program to a halt. we have suggested a post- position employment fact. the first was heard yesterday and killed. i think that we can see the prognosis for the bill, sb22. i have three bills that we are recommending support for, the first is ab133, and i am sorry that i neglected to tell you which page these are on. ab133 is on page 3 of your matrix. it is a technical bill that opens the door for the high- speed rail authority to use federal funds that are allocated to the high speed rail authority for project purposes. there was a bill l

the federal government is taking notice. they are funding research in national will be tiers to improve energy efficiency. oak ridge national laboratory combines the work of researchers and scientists in tennessee to do ground breaking energy research. this laboratory is managed by the government and is important to our community and nation. but why is this alternative research necessary? >> it is a multi-facetted issue. one is financial issues with the and so al of trade forth. one is a national security issue. with oil resources being in predominantly places that are unfavorable to the u.s. so, that is part of it. the other part is our energy sources are predominantly fossil fuel based or fossil based. and these tend to be less clean than some of the alternative energy forms that we are look being a the developing and deploying. >> the department of insurance is the main sector of the government that is responsible for funding research at oak ridge in the laboratory. it has many different partnerships. one of them is the n

you speak about federal employees. federal employees pay taxes. people talk about -- they do not pay taxes. they pay taxes, too. he talks about the distinction as far as the subsidies. the oil companies make some much money. congress is say, we're not giving any foreign subsidies. guest: i appreciate the comments. i do not disagree. he is talking about a bill that passed the floor of the day that would save the senate that they have the to accept hr1. i voted against it on constitutional grounds. i did not think it passed the test so i voted against it. federal employees do pay taxes. the federal government also pays wages. do we have the correct number of employees? we have a $1.7 trillion. on the tax subsidies oil, i don't disagree with that. we need to be looking at all the slings to make sure our tax policy is fair. host: david from mclean, va. caller: don't cut me off. i would like to know in 2004, did you vote for president bush? guest: i did vote for president bush both times. caller: in those eight years, this economic was a -- it is 8 dis