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Separation of powers – Checks and Balances -- each branch can attack the other -- each branch has a different constituency President Congress Supreme CourtEnforce laws Make laws Interpret laws Veto override veto Judicial review Nominate Sup. Court. Impeach the president Confirm pres. Nominees Control appropriations Impeach judges Control appropriations Legislative supremacy - power to make laws - sole power over appropriations remedy: divide the congress into two branches 1789-1937 Congress dominates the federal government 1937 Rise of presidential government -- FDR 1969 divided government 1978 Ethics in Government Act – establishes a “special prosecutor” to investigate worng doing within the executive branch President Presidents beholden to Congress members for nomination 1832 national convention system replaces “King Caucus” (presidents more likely to use veto) 1937 Rise of presidential government -- FDR Supreme Court – review of congressional acts fairly rare 1803 Marbury v. Madison -- judicial review 1935 – court rules 8 out of 10 new deal statutes because of lack of legislative authority – leads to court packing plan recent actions against Congress 1985 INS v Chadha – legislative veto – regulatory agencies were supposed to get congressional approval for new regulations 1986 Bowsher v. Synar – strikes down part of Gramm-Rudman 1995 US v Lopez, 1996 Printz v. US actions against president – really only 3 since rise of presidency 1952 – steel seizure case 1974 – US v Nixon – president could not ignore subpoena for tapes executive privilege does not apply to pres records 1997 – Clinton v Jones – not immune from civil lawsuits |
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