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Thursday, October 13, 2011

Federalism

1. The definition of federalsim is a political concept in which a group of members are bound together by covenant.  To me, my version and the literal definition are roughly the same.

2. The three powers are legislative, judicial, and executive. 

Legislative (Congress)Executive (President)Judicial (Supreme Court)
  • Is the commander-in-chief of the armed forces
  • Executes the instructions of Congress.
  • May veto bills passed by Congress (but the veto may be overridden by a two-thirds majority of both houses)
  • Executes the spending authorized by Congress.
  • Declares states of emergency and publishes regulations and executive orders.
  • Makes executive agreements (does not require ratification) and signs treaties (ratification requiring by two-thirds of the Senate)
  • Makes appointments to the federal judiciary, federal executive departments, and other posts with the advice and consent of the Senate. Has power to make temporary appointment during the recess of the Senate
  • Has the power to grant "reprieves and pardons for offenses against the United States, except in cases of impeachment."
  • Determines which laws Congress intended to apply to any given case
  • Exercises judicial review, reviewing the constitutionality of laws
  • Determines how Congress meant the law to apply to disputes
  • Determines how a law acts to determine the disposition of prisoners
  • Determines how a law acts to compel testimony and the production of evidence
  • Determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. The amount of discretion depends upon the standard of review, determined by the type of case in question.
  • Federal judges serve for life
3.  The division of powers is a system of checks and balances that keep each power from literally having too much power.  IT is important because it helps prevent the creation of unfair laws.
4.  Article VI, Clause 2 of the United States Constitution, known as Supremacy of National Law , establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.  However, the Supremacy Clause only applies if the federal government is acting in pursuit of its constitutionally authorized powers, as noted by the phrase "in pursuance thereof" in the actual text of the Supremacy Clause itself.

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