LEB 323 Exam 2 Study Guide .docx - LEB 323 Exam 2 Study Guide Ch 5 Constitutional Law Organization of the Federal Government \u25cf Constitution lays out a

LEB 323 Exam 2 Study Guide .docx - LEB 323 Exam 2 Study...

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LEB 323 Exam 2 Study Guide Ch. 5 Constitutional LawOrganization of the Federal GovernmentConstitution lays out a few thingsRelatively short!!State constitutions are much more detailed1.It prescribes the basic organization of the federal government into legislative, executive, judicial branches2.It delineates the authority of the federal Government, In contrasts with the states, by granting specific powers to the 3 branches of the federal government3.It protects certain basic rights of individuals and businesses by placing limitations on federal and state governmental power. 3 Branches-Legislative: Essential function of CONGRESS is to make laws, as well as to collect revenue and appropriate funds for carrying out those laws-Executive: The main function of the PRESIDENT is to enforce these laws, however, also plays primary role in conducting foreign relations and directing our military forces.-Judicial: basic task is to decide how particular laws should be applied to actual disputed cases. Separation of PowersCongress makes the laws, but “the Constitution means what the Supreme Court says it means” (Don’t ever forget about judicial review- checks and balances)Marbury v Madison- US Supreme Court assumed the power of judicial reviewOne branch is not supposed to encroach on another branchDelegation of PowersCongress may expressly delegate legislative powers to the other two branches (Ex. SEC given power to specify in detail the violations of the Securities Exchange Act)When delegating power you need to- indicate the basic policy objectives and provide some degree of guidance as to how power is exercisedAuthority of Federal and State GovernmentsIn our dual system of government we have 51 primary governments. 50 state governments and 1 federal government-Under our system of federalism, the Federal Government has those powers that are specifically given to it in the Constitution -- the so-called delegated powers (or enumerated powers)-Federal government is not tasked with a lot through the Constitution
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-Those powers not granted to the federal government continue to reside with the states-So-called reserved powers. -10th Amendment!!!-Basically: If something is not directly given to the federal government, it is given to the statesArticle 1, Section 8:State Police Power- a term referring to the inherent governmental power to regulate the health, safety, morality, and general welfareof its people (ex. Booze, marriage, property)o Commerce ClauseThis Article grants to Congress the power “to regulate Commerce with foreign Nations. And among the several States”Intended to make the US a common market, with many economic advantages of trade that is unhindered by state boundarieso Pre 1930s- Supreme Court interpreted Congress’s authority as very narrowCould primarily regulate commerce that:- Crossed state lines- Involved rivers or railroadso Post 1930s- Government began hammering awayCould now also regulate commerce that:-
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