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Branches of Government (:silhouette:Executive Branch, Judicial Branch,…
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Supreme Court determines constitutionality of laws that legislative branch makes, based on Marbury v. Madison
- Can veto decisions or proposals made by the legislative branch :forbidden:
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Judicial restraint: judges solely rule on cases, as constitutional or not
- Their most important power comes from Judiciary Review, which is their power to interpret the constitution
- District Courts----> Court of Appeals ----> Supreme Court
- Criminal cases involve crime and civil cases involve suing
- Presidents appoint Supreme Court Justices and a Litmus Test is used to determine if their political ideology is consistent
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Original Jurisdiction: handles controversies between two states, ambassadors, consuls or between the United States and a state
Implementation: how bureaucracies carry out laws declared by legislative/executive branch; the power of administrative discretion (determining how to carry out congressional wishes)
Rule of 4: if four justices want to listen to a case then they write a Writ of Certiorari which makes lower courts send up materials
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Executive Agreement: increases power in foreign relations; is an agreement made between the President and another nation where he is not asking for a treaty and therefore doesn’t have to go through Congress
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Structure of Executive Branch…
Executive Office of the President
- White House office
- Advise the president on a day to day basis- are responsible for providing the president with ways to connect with the American people
- Most of the positions in this department do not need Senate confirmation
Cabinet
- Executive Departments
Department of Agriculture, Department of Homeland Security….etc.
- Departments that require confirmation from the Senate
- The President have influence but not total influence
- Most of the people are loyal to their agency more often than they are loyal to the president
Independent Agencies and Corporations
- Independent from the power of the President
Ex. CIA, post office
- Often designed to regulate some part of the economy
- Leaders have a fixed term and then the president will appoint someone new
Expressed Powers of Congress: tax, borrow money, regulate international and interstate commerce, coin money, declare war, raise Army/Navy,
- 22nd Amendment: terms limits (two); amended after FDR stayed for three terms
- 25th Amendment: the vice president is put in temporary control if the president needs to get a surgery or is incapacitated or goes crazy
- Lame duck period: presidents are more concerned about their legacy work and not so much about public opinion
advise and consent: Senate's power to approve presidential appointments and international treaties; part of checks and balances
- They implement laws congress write, make and enforce their own rules, and settle disputes through administrative adjudication
- Congress and presidents can instate bureaucracies
- The develope powers and laws through investigation and lawsuits; making sure the law is turned into a reality
Bureaucracies mean: rule by people sitting at desks
- Congress can look using “oversight” to see if the bureaucracy is abusing power through over seeing them and having investigations
- Congress can change funding to bureaucracies
- Congress can close and open new agencies
- Congress can also reject appointments to the bureaucracy
- The judicial branch court can issues rulings about the legality of an agency and they can issues injunctions to stop something
- The government accountability office: a bureaucracy within the bureaucracy to make sure everyone stays accountable
Speaker of the House is the House of Representatives leader and President Pro Tempore is the Senate leader
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