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Government Action

Government Action. Branch v Branch v Branch. How are problems solved between the branches of gov’t?. Through court cases heard by the Supreme Court. Powers of Congress. The requirements of holding a seat in Congress is in the Constitution but can Congress make them harder?

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Government Action

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  1. Government Action Branch v Branch v Branch

  2. How are problems solved between the branches of gov’t? • Through court cases heard by the Supreme Court.

  3. Powers of Congress • The requirements of holding a seat in Congress is in the Constitution but can Congress make them harder? • Powell v McCormack says no- if someone is elected then they sit • US Term Limits v Thornton- can’t change qualifications as they are in the Constitution

  4. McCullogh v Maryland • Can Congress create a national bank? Yes • Can the states tax the money in the bank? No • Hinges on what does necessary and proper mean? • Necessary = useful, • proper = convenient

  5. Important to note • Congress is meant to deal with all subjects affecting the US, but it would be too cumbersome to do everything, so Congress delegates some of the powers, but are they allowed to do that?

  6. US v Curtiss-Wright Export Corp • Can the gov’t restrict selling stuff to other countries • Re- a law giving power to the President by Congress to do the above • Issue- does Congress have that power to give away? • Yes, because federal gov’t not Congress as complete authority over foreign relations

  7. Congress v Supreme Court • Religious Freedom Restoration Act • Claims- religious freedom cannot be restricted by gov’t; uses the Enforcement Clause of the 14th Am. to show that Congress can define Freedom of Religion and therefore protect it. • Supreme Court: Congress can’t overrule SC and that SC is the only interpreter of the Constitution

  8. Hampton and Co v US • Congress is allowed to farm out powers given to them, provided that there is an “Intelligible principle”

  9. Mistretta v US • Repeals Hampton • SC- Congress can farm out powers provided that it makes sense that Congress farms this out and doesn’t deal with it • DELEGATION OF POWERS- can be done if it is common sense and can be easily figured out.

  10. Congress vs President • INS v Chadha (1983) • All about the legislative veto or the right of the Legislative branch o overcome the Executive branch • Supreme Court- Congress created the INS but cannot keep some of the power- once you give the power away, you can’t take it back unless you pass a new law

  11. Congress vs President • Bowsher v Synar • Congress tries to stop a presidential appointee who is trying to stop Congress for overspending • Problem- C.G. has power of enforcement and execution- both of which are powers of executive branch- but he works for Congress, not executive branch • SC- action is illegal- legislative branch cannot exercise executive authority

  12. Congress vs President • War Powers Act • Tries to stop President from undeclared wars • President has 48 hours to file a report to Congress and military action is limited to 60 days • Can apply for a 30 day extension • After 90 days must have Congressional approval or must pull troops home

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