Congress + Judiciary
What two broad categories do court cases in the US fall into?
1. Criminal law
2. Civil law
Define common law
Past agreements that shape what people accept
What policies do redistributive agencies focus on?
1. Monetary policy
2. Fiscal policy
3. Welfare policy
What is the source of the President's delegated powers?
Congress
Congress often passes vague laws which delegates power and decision making to the President
What is fiscal policy?
Regulation of the economy through taxing and spending
Define Article 1 Section 7 and how it relates to Congress
The veto is the president's constitutional power to turn down acts of Congress.
- The pocket veto occurs when Congress adjourns during the 10 days a president has to approve a bill and the president takes no action on it.
What is the definition of a constituency?
The citizens who reside in the district from which an official is elected
What is a regulatory agency?
A department, bureau, or independent agency whose primary mission is to make rules governing a particular type of activity.
their rules have the force of law which is referred to as administrative legislation
1. Expressed Powers
2. Delegated Powers
3. Inherent Powers
What 3 roles do Bureaucrats fill?
1. Implementation
2. Rule making
3. Administrative adjudication
What powers was Congress given in the Constitution?
- power to tax and spend
- power to raise an army/navy and declare war
- power to regulate commerce
- power to coin money
- power to make all laws "necessary and proper"
Define Bureaucracy
The complex structure of offices, tasks, rules, and principles of organization that large-scale institutions use to coordinate the work of their personnel.
What is a delegated power and how does it relate to a government agency?
Delegated powers are constitutional powers that are assigned to one government agency but exercised by another, with the permission of the first.
What diplomatic power does the President have?
The power to make treaties for the US (with consent of the Senate)
What is a clientele agency?
A department or bureau of government whose mission is to promote, serve, or represent a particular interest
example: Department of Agriculture, Department of Labor
What are the three ways Congress can represent their district?
1. Individual constituents
2. Organized Interests
3. District as a whole
Define public law
Cases involving powers of the government or rights of citizens
(Constitutional law and administrative law)
What is the Executive Office of the President?
Permanent agencies that perform defined management tasks for the President
What is an example of the President declaring a state of emergency for troops domestically and where do they receive this power?
This power is inherited through their title as Commander in Chief
Example:
1957 Little Rock protests over school integration
Donald Trump to combat COVID-19 Pandemic
What are the three types of courts?
1. Trial courts
2. Court of appeals
3. Supreme Court
What are the main constraints that guide the judiciary?
1. The Constitution and laws
2. Common law
3. Legal precedents
4. Established judicial procedures and norms
What is a precedent
and how does stare decisis play a role this?
A precedent is a past case who's principles are used as a basis for judicial decisions in the present case.
Stare decisis is a judicial doctrine where a previous decision by a court applies as a precedent in similar cases until that decision is overruled
What has been used to overturn federal agency actions?
Judicial review
- it has also been used to reverse state actions (implied by supremacy clause), challenge presidential action, and overturn federal law
How is the executive branch organized?
1. Cabinet departments
2. Independent agencies
3. Government corporations
4. Independent regulatory commissions
What are the four institutional features of the US Judiciary?
1. The federal courts are a separate branch of government from Congress and the president
2. Authority among the courts is hierarchical
3. The Supreme Court and other federal courts of appeals can strike down actions of Congress, the President, or the states of actions if those actions violate the Constitution. The authority is the power of judicial review.
4. Federal judges are appointed for life