lecture12_courts - Lecture 12 Lecture 12 The Judiciary PLS...

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Unformatted text preview: Lecture 12 Lecture 12 The Judiciary PLS 100: Intro to American National Government Professor Lee Michigan State University Lecture 12 Judicial power Constitution and the Courts Judicial powers vested in the Judical Branch – Article 3, Section 1. But what are they exactly? Power of judicial review of actions of Congress not explicitly established in the U.S. Constitution. Established in legal case Marbury v. Madison (1803). Important power – influence on what policies can be passed and how they are implemented. Lecture 12 Scope of congressional powers Scope of congressional powers What are the limits to federal laws? Separation of powers Federalism: 10th Amendment reserves to states powers not enumerated in the Constitution. State vs. federal law. Other questions of scope: Is law passed by Congress within constitutional powers? Does it contradict the Constitution? Lecture 12 Scope of congressional powers Separation of powers Separation-of-powers Deal with cases of conflict between Congress and President. Examples (Presentment Clause): Legislative veto (Immigration and Naturalization Service v. Chadha, 1983) Line-item veto (Clinton v. City of New York, 1998) Lecture 12 Scope of congressional powers Federalism Nation vs. State What powers are within the scope of national government? Couple clauses in Constitution used to expand upon “enumerated powers” (explicitly stated powers) Necessary and proper clause, a.k.a., Elastic Clause (e.g., McCulloch v. Maryland, 1819): Powers implied by enumerated powers. Commerce clause Lecture 12 Scope of congressional powers Federalism Commerce Clause: Justifying Congressional action Article 1, Section 8, Clause 3 “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes...” Used by Congress to regulate many things that are related, however indirectly, to interstate commerce. Lecture 12...
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This note was uploaded on 04/02/2012 for the course PLS 100 taught by Professor Thornton during the Spring '07 term at Michigan State University.

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lecture12_courts - Lecture 12 Lecture 12 The Judiciary PLS...

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