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TC 310 May 13, 2008. Government Players and Processes. Federalism. Definition Versus Unitary and Confederation Types of Powers Reserved, granted, concurrent Approaches Dual Cooperative Why do we care?. Congress. Bicameral Political Body Create laws, not policy
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TC 310 May 13, 2008 Government Players and Processes
Federalism • Definition • Versus Unitary and Confederation • Types of Powers • Reserved, granted, concurrent • Approaches • Dual • Cooperative • Why do we care?
Congress • Bicameral Political Body • Create laws, not policy • 1996 Telecom Act vs. Computer III • Bills and Resolutions • Process • Introduction • Committee • Full House or Senate • Presentation to Full • Adjustments • President
Influencing Congress • Lobbys & PACs: “Professional” Citizens • Citizens • Private contact • Public Hearings • http://thomas.loc.gov/
Executive Branch • Headed by President • Cabinet • Independent Agencies • DoJ • FTC • FCC • DHS
DoJ • Attorney General created 1789 • DoJ works under Attorney General • Agency Structure • Antitrust Division • Sherman Anti-Trust Act • Monopoly busting • Clayton Act • Mergers & acquisitions • Tying arrangements
FTC • Consumer Protection is primary goal • Internally audited by the office of the Inspector General. • Why important for Telecommunications? • Rates • Competition • Mergers
DHS • Seeks out vulnerabilities in Nation's security • Telecommunication Network is a vital part of security • Also wiretapping • Infrastructure • Internet
Influencing the Executive Branch • Elections • Agencies are robust, rarely open to public • Hearings • Petitioning
Judicial System • Specialized Courts (optional) • District Courts • Mandatory Review • Court of Appeals • Mandatory Review • U.S. Supreme Court • Writ of certiorari • Issues of Law
District and Appeal Courts • District • Trial court for federal system • 94 total districts • Lansing is Michigan Western District, Sixth Circuit • Court of Appeals • Districts collapse into 12 Circuits • Must hear all appeals
State Courts • Generally function in a similar manner • Multi-leveled • Court of last resort • If larger issue at stake, may enter the federal court system
U.S. Supreme Court • Made up of Nine Justices/ 1 Chief Justice • Appointed by President • Interested only in points of law. What does this mean? • Judicial Review • Marbury v. Madison (1803)
Supreme Court Procedure • Court is petitioned • Petitioner v. Respondent • Accept when: • Resolve interpretation of federal law • Correct egregious mishandlings • Resolve federal law question, application in lower court • Briefs Filed • Oral Arguments • Decision by majority.
Important to Telecom? • Policies and Laws regarding jurisdiction frequently find way to Supreme Court • Balance over Executive Agencies
States • Parallel structure to federal government frequently • Are given jurisdiction: • PUCs • Local franchising • State courts • Telecommunication jurisdiction increasingly heading towards feds.
Conclusion • Why is knowing agencies, procedures important? • How to influence process • How influence works • Who has power in what areas