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A system where political power is divided between both a national (federal) government and state/regional governments (Michigan, South Australia, Ontario) |
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presidential powers definitively spelled out in Article 2 |
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presidential powers implied but not explicitly stated in the Constitution |
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clarifications of how laws passed by Congress are to be implemented by specific agencies; issued by the president and having full force of law |
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(1819) Held that Congress could charter a bank under the Necessary and Proper Clause |
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process of redrawing district lines in states with more that one representative (state legislatures or commissions) |
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redistricting to benefit a particular group |
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1. gap between presidential promises ("campaign promises") and the powers of the office; unlimited promises vs. limited ability to deliver
2. head of state vs. head of government conflict; symbolic vs. political |
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an organization characterized by hierarchical structure, worker specialization, explicit rules, and advancement by merit; should be neutral competence |
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government organiztions independent of the departments but with a narrower policy focus; Environmental Protection Agency, Central Intelligence Agency, Peace Corps |
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companies created by Congress to provide goods or services to the public that private enterprise cannot or will not profitably provide |
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law created by courts based on precedent |
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holds that Constitutional principles are static; while they can be applied to modern cases, the principle remains the same regardless |
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holds that the Consitution is a "living document"; founders could not have anticipated every conceivable situation; Constitution must change with the social needs of the day, as interpreted by the justices; often called "judicial activism" because it can be construed as "making law" |
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alliance of congressional committees, interest groups, and agencies working together for mutual benefit |
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refers to a court's ability to hear certain cases; original jurisdiction, appellate jurisdiction, combined |
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ability for the federal courts to invalidate acts of Congress and the president which violate the U.S. Constitution |
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(1824) Found that only the federal government can regulate interstate commerce. Marshall interpreteed "commerce" broadly, which has since been used extensively to increase the federal government's purview |
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Dual v. Cooperative Federalism |
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Dual federalism states that national and state governments are responsible for separate policy areas. This is a "layer cake" model of federalism. Prior to 1930s. Cooperative federalism states that national and state governments share resposibilities for most domestic policy areas. This is known as the "marble cake" model. After 1930s |
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Four Roles of Representatives |
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Policy representation is congressional work to advance the issues and ideological preferences of constituents. Allocative representation is congressional work to secure projects, services, and funds for the represented district; pork barrel/earmarks-public works projects and grants for specific districts paid for by general revenues. Casework is legislative work on behalf of individual constituents to solve their problems with government agencies and programs. Symbolic representation are the efforts of member to stand for American ideals or identify with common constituency values |
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1. A bill is introduced in either house, sometimes concurrently 2. A bill is given a first reading and then assigned to a committee (most legislative work occurs here during the committee stage; majority of bills die here; some bills advance beyond the "marked up" stage onto formal debate in the chambers) 3. Getting to the floor (House has strict debate rules, Senate can offer amendments (fundamental change) or filibuster) 4. Floor debate (consideration by full House and/or Senate) 5. Roll call vote (if a bill is passed it goes to the other house; if a bill has been passed by each house but with differing language, goes to conference committee and then back to each house for another round of debating and voting) 6. Sent to president (if president approves, he signs the bill into law; if he disapproves he vetoes and it is sent back to Congress; Congress can override veto with 2/3 vote in each chamber) |
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Seven Roles of the President |
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Chief of State-symbolic representation of the country and associated ceremonial duties
Chief Executive-head of federal agencies and responsible for the implementation of national policy
Chief Diplomat-negotiates treaties, makes executive agreements with other countrie, directs the ambassadorial corps, represents the US abroad, and receives foreign dignitaries and heads of state/government
Commander-in-chief-top officer of the country's military establishment and civilian head of American military forces
Chief of Party-official leader of his political party, tasked with directing the party's platform through the political process, while providing leadership for the grassroots
Chief Guardian of the Economy-seen as the first warden of America's economic stability and vitality
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Five Fundamental Purposes of the Law |
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Provide seccurity, provide predictability, resolve conflict, reflect and enforce conformity to society's values, distribute benefits and rewards society has to offer and allocate the costs of those good things |
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Substantive law-laws which define what we can and cannot do
Procedural laws-laws which establish the procedures for how the law will be used or applied
Procedural due process-ensured by the 14th and 5th amendments that everyone is treated fairly during the legal process
Criminal laws-prohibit behavior which is non-conductive to societal order and security (pay the debt to society)
Civil laws-regulate interaction between individuals (torts)
Constitutional law-laws found in the Constitution, as well as the rulings from federal judges and justices which form the basis of civil rights and liberties
Statutory laws-laws made by legislatures to address nearly every concern
Administrative laws-regulations promulgated by the bureaucracy to carry out statutory law
Executive orders-rule issued by the president |
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Judicial Branch as Least Dangerous |
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No power of purse or sword |
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