... Jefferson, James Madison, John Jay,
George Mason, Roger Sherman, and
James Wilson, on the development of
the U.S. government.[USG.1D]
Administrative Federalism as Separation of Powers
... the reach and preemptive effect of federal policies (along the
federalism dimension) can indirectly influence how national law is
made and checked by the federal branches (along the separationof-powers dimension). Take, for example, the administrative
federalism proposal that would require agencies ...
Legislative Process and Intent in Justice Scalia`s Interpretive Method
... authority and responsibility of the Supreme Court.....
congressional interpretations are of enormous importance-of greater
importance, ultimately, than those of the Supreme Court.2
However, while Congress is the primary branch which maintains constitutional
integrity, it does not have absolute autho ...
Ali v. Rumsfeld - Case Western Reserve University School of Law
... of customary international law ("CIL")? Ali v. Rumsfeld,1 the landmark
lawsuit brought by the ACLU and Human Rights First against Donald
Rumsfeld, squarely presents this important question, which has never been
resolved by any court. By alleging that Secretary Rumsfeld violated CIL
prohibitions agai ...
Pathways to Fulfillment of Commitments in US Foreign Policy
... A second way in which commitments may become inconvenient is that a new government
may come into power. In 1818 and 1827 the United States had made conventions with Great
Britain governing the Oregon Territory. However, in 1844 James K. Polk successfully won the
Presidency on the slogan, "Fifty-four ...
JUDICIAL DECISIONS AS LEGISLATION: CONGRESSIONAL
... achieved policy significance through the work of agenda entrepreneurs (including congressional experts, lobbyists, journalists, and the
Justices themselves).12 Part II also investigates factors associated with
economics, politics, and legal reform that may increase the likelihood
that a Supreme Cour ...
The Positive Political Theory of Law - SIEPR
... Legal Realism is a broad category of schools of legal thought. All positive
Realist legal theories regard law as made by humans to serve the objectives of those who
make law, and all normative Realist theories evaluate law according to the extent to
which it conforms to some version of a liberal the ...
- ScholarlyCommons - University of Pennsylvania
... Representatives. In the aftermath of the Watergate scandal, polarization and partisanship have risen on Capitol
Hill, only to be exacerbated by the impact of Newt Gingrich and the 1994 Republican Revolution. As a result
of this increased polarization and partisanship, members of Congress are less ab ...
The Purposes of Framework Legislation
... determine pay increases for legislators, federal judges and high-level political appointees.
In 1967, Congress established an independent commission with members appointed by
all three branches, to periodically recommend salary increases for legislators, federal
judges and high level executive branc ...
Between Reconstructions: Congressional Action on Civil Rights
... rule in the South, which lasted into the 1960s.
Thus, as black Americans entered the twentieth
century, their fortunes had changed considerably in
a few short decades. They had gone from a state of
slavery, to a state of political equality with whites, to
a state of semi-citizenship in less than two ...
Journal of History and Social Science
... that’s why were making this government, along with rules and laws.
The General Courts of Connecticut and Massachusetts Bay granted authority for
local government collectively to the people who established the town. In Connecticut, for
example, John Wareham and Thomas Hooker put forth the Fundamental ...
The Lawfulness of the Reconstruction Amendments
... which those governments had been created.The other objection is that some or all of the southern
ratificationswere extorted from the states through unlawfulfederal threats.
This Article reviews the relevant history and discusses legal rationalesunder which the constitutionalamendments were valid eve ...
Congress and Civil Rights: The Demise of Reconstruction, 1871-1877
... this challenge with a somewhat smaller majority in the 42nd Congress – and, as time would tell,
without the intra-party unity they had enjoyed on enforcement legislation to that point.
The Fourth Enforcement Act
The legislation that would become the Fourth Enforcement Act (or Ku Klux Klan Act of
Toward a Duty-Based Theory of Executive Power
... power. This theory maintains that the Constitution seeks to instill a
duty in all executive branch officers to faithfully execute the law.
Conversely, the Constitution’s framers and ratifiers did not intend to
empower the President to distinctively shape the law to suit his
policy preferences or tho ...
FINAL - Napa Valley College
... b. were not protected under international laws
governing the treatment of prisoners of war.
c. were not to be detained by military tribunals.
d. both a and b.
e. all of the above.
49. The American Israel Public Affairs Committee
a. lobbies Congress on U.S.-Israeli issues, but has
Constitutional Underpinnings of United States Government
... Understand limits of powers such as Budget & Impoundment Control Act of 1974 and
the War Powers Resolution of 1973.
Contrast and understand presidential executive orders, executive agreements, and
executive privilege and give historical examples.
Understand, identify, and contrast presidential power ...
Rethinking Presidential Leadership and History through a Security
... impossible to foresee, and so by laws to provide for, all accidents and necessities that may
concern the public….”22 Lincoln, Wilson, FDR, and Bush all successfully claimed prerogative
authority to act unilaterally in order to keep the nation safe. Despite Locke’s reflections on the
ein nline - DiscoverArchive
... the military campaigns against the native tribes (carried out from the
earliest years of the colonial period through the end of the nineteenth
century). I suspect that Collier omits these last two because she
supposes they were prosecuted "within" the United States. There are
good reasons for challe ...
Supreme Court and the Political Branches: Democratic Theory and
... Court constitutes "a working part of the democratic political life
of the nation"'1 because the power of judicial review has been
historically exercised to restrain the majority from impinging on
the constitutionally designated liberties of the individual, thus to
assure those ultimate values that a ...
On October 22, 1928, presidential candidate Herbert Hoover
... standard in September 1931. Fearing the United States would do the same, foreign
investors began converting their dollar assets into gold, further draining the U.S. gold
supply. Corresponding with these events, significant price deflation occurred between
1929 and 1933 (see Figure 3.1). Absent a suf ...
US presidents and the failure to ratify multilateral environmental
... than 33 senators support the Senate’s advice and consent, or if far fewer than 40 senators support
the required enabling legislation, or if far fewer than 218 members of the House of Representatives
support such legislation, then overestimating a few law makers’ willingness to support ratification
United States Foreign Policy - Université Toulouse 1 Capitole
... bureaucracy. The U.S. foreign policy bureaucracy can be pictured as having four issue
“complexes”: diplomatic, security, economic affairs, and intelligence. Each of these issue areas
has actors and agencies that are not always in agreement or on the same page. Overall, the U.S.
foreign policy bureau ...
Powers of the President of the United States
The President of the United States has numerous powers, including those explicitly granted by Article II of the United States Constitution, implied powers, powers granted by Acts of Congress, and the influence and soft power that comes from being President of the United States of America.The Constitution explicitly assigns to the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of his Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. With the approval of two-thirds and one-half of the House of Representatives and the Senate, respectively, the president may make treaties and appoint Article III judges and some executive branch officers, and if there is a Senate recess, he may make temporary appointments.