Congress_Mid - Congress Mid-Term Review Part I Trustee v....

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Congress Mid-Term Review Part I Trustee v. Delegate – two forms of Representation in a system of government that a representative may take. A trustee performs his duties based on what he sees as best for the people, makes responsible decisions and considers the common good. The delegate makes decisions based on the wants and desires of constituents, is responsive to demands and considers the good of individuals or the district. Roos’ Rules of Congress o Congress varies across time and space – changes in behavior between past and present, changes in behavior based on issue o …Sometimes systematically – this variance can often be explained by independent factors Theory of American Founding o Elitist – a few very powerful, privileged persons really control the government, with no possibility of those outside the group gaining power o Eidelberg – the system is deliberately a combination of the four ancient regimes Democracy=House Oligarchy=Senate Aristocracy=Judiciary Monarchy=President o Pluralist – groups within the population compete and create an equilibrium (Common Good), a critique of Elitism Faction – within Federalist #10, it is a group with goals damaging to the rights of others The Large Republic – Madison’s plan from Federalist #10 for solving the problems of faction. Since stopping the causes of faction is either worse than the effects or impossible we must solve the effects. By enlarging the sphere we decrease the ability for a faction to coordinate and decrease the chance of majority factions forming “If men were angels …”/”…let ambition check ambition” – The idea of sharing powers and giving all powers the means to check the others prevents anyone from becoming too powerful. Power is divided initially between the States and the Fed … and within the Fed between powers. Checks and Balances/Separation of Powers. Necessary & Proper (Elastic) Clause – Article 1, Section 8 of the Constitution clause that allows Congress to make laws it deems necessary to carry out its other powers. Giving Congress flexibility in law making Enumerated v. Implied v. Inherent Powers – o Enumerated Powers are specifically listed out in the Constitution, such as Congressional Power to Declare War, etc. o Implied Powers are broad interpretations of laws and powers listed that serve to expand power, such as law-making under the necessary and proper clause
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o Inherent Powers are not specifically given but necessary for carrying out the job, such as the Presidential Cabinet Federalist Powers o Exclusive powers are those exercised only by the Federal government, for example making treaties o Concurrent powers are shared by the State and Federal governments, for example collecting taxes o Reserved powers are those left solely for the State governments, for Congressional Power Structure o Centralized Power – Party leaders hold a majority of the power, and
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This note was uploaded on 04/07/2008 for the course POLS 3005 taught by Professor Roos during the Fall '07 term at Notre Dame.

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Congress_Mid - Congress Mid-Term Review Part I Trustee v....

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