bb.outline.ConLaw_1 - Constitutional Law Corresponding...

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Constitutional Law Corresponding Reading Assignment (it will take us two days to cover this material): Text: 116 – 129; Bottom of page 134 - 162 1. Organization of the Federal Government a. Federal government- where national and state governments share governing power b. The Separation of Powers i. Three branches of government (hopefully this is a review!) 1. Legislative (congress): the essential function is to make laws, and collect revenue and appropriate funds for carrying out those laws 2. Executive: enforces the laws. also plays a primary role in conducting foreign relations and directing our military forces 3. Judicial: decide how particular laws should be applied to actual disputed cases ii. Checks and balances 1. The constitution provides for a number of checks and balances to insure against and single branch of government developing an excessive degree of power c. Constitution’s Role in regards to the branches of Government: to establish the basic organization of the federal government into legislative, executive, and judicial branches and checks and balances i. Identifies each branch’s authority/responsibilities ii. Provides system of checks and balances d. Judicial Review- The federal courts have the final say in deciding whether the constitution has been violated by a congressional law or executive action. i. Doctrine that gives supreme court power to review actions of other branches of government ii. Marbury v. Madison - the U.S. Supreme court assumed this power for the judicial branch of government iii. Later expanded to include the power of the federal courts to determine whether actions of state courts, legislatures, and executive officials violate the constitution e. Overlap of powers i. Performing a “borrowed” function is permissible under the separation of powers doctrine so long as:
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1. It is reasonably necessary and incidental to the primary function of that branch government 2. And the power of one branch is not substantially enlarged at the expense of another branch f. Authority of Federal and State governments i. Delegated Powers v. Reserved Powers 1. Delegated power - power delegated to federal government under the constitution 2. Reserved power - all powers not delegated to the federal government by constitution are reserved for the individual states to govern 3. Congress may expressly delegate legislative powers to the other to branches 4. Express delegations of legislative power are normally valid so long as Congress a. Indicates the basic policy objectives it is seeking to achieve b. And provides some degree of guidance as to how the power is to be exercised 5. Under our system of federalism, the federal government has those powers that are specifically given to it in the constitution delegated powers 6. Those powers not granted to the federal government continue to reside with the states reserved powers ii. Police Powers (See Amendment X): states’ rights to enforce its own laws and regulation
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This note was uploaded on 04/26/2009 for the course LEB 323 taught by Professor Baker during the Spring '08 term at University of Texas at Austin.

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bb.outline.ConLaw_1 - Constitutional Law Corresponding...

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