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Info Policy - Constitution Law

Info Policy - Constitution Law - Information Policy CS 175...

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Information Policy CS 175 The US Constitution and Law George Washington University Randy V. Sabett, J.D., CISSP
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General Principles Key provisions of the Constitution related to information policy Article 1, Sec. 8 – Powers Reserved to Congress (see, in particular, Clause 8) Article 1, Sec. 9 – Limits on U.S. Congress Article 1, Sec. 10 – Limits on State Legislatures Article 2 – Executive Power Article 3, Sec. 2 – Extent of Judicial Power 1st Amendment (Speech, Religion, Press) 4 th Amendment (Unlawful searches)
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General Principles (cont’d) Why a government? Division of Labor Control of the people “Prisoner’s Dilemma” Why is the Constitution so short? Can contradictory axioms, with equally valid logic, coexist?
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General Principles (cont’d) Democracy Rule of the people Representative democracy Federalism Divided power (More detail on this shortly...) Local control predominates Federal government legislates only in certain well-defined areas
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Why a Constitutional Government? (or: Why would people set up a purposefully inefficient government that limits their own power?) Passion vs. Calm Factions and their prevention Balance (Gee, there’s that word again...)
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Other thoughts (Like we have the time...) Study of Law Prediction of what a court will do Legal right/duty cannot be defined independent of its consequences. Distinguish between ethics and the law
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Structure of the Government Checks and Balances Three branches of government Legislative Executive Judicial Separation of Powers (more later)
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Structure of the Government (cont’d) Legislative Makes the laws Two houses of Congress House – proportional to population Senate – two per state
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Structure of the Government (cont’d) Executive Executes the laws “The police”/“Big Brother”/etc. Judicial Interprets the laws Judicial review (to be covered shortly in more detail)
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The Federal System Main Principles Federal authority directly from the people “Necessary and proper clause” (Article 1, Section 8) establishes role of the Federal Government wide scope of authority to implement enumerated powers “Supremacy clause” (Article 6, Section 2) conflicting state legislation invalid
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The Federal System (cont’d) National Authority Doctrine of Implied Powers Test: Federal acts OK as long as reasonable relationship to enumerated power of Fed.
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