Ch 8, sec 2

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Ch 8, Sec 2: How the Federal Government Works Main Idea: The United States government is divided into three branches with separate roles and responsibilities.

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Week 2 DQ Policy and Legislation Examples In this discussion, you will be considering a specific policy or piece of legislation that impacts your current or future profession AND that illustrates how Federalism (state v. national enforcement) comes into play. Please be sure to critically read and fully address ALL items in the Write: section of the prompt. Here are some additional examples you may find beneficial. Keep in mind, this may also help you on the Week 2 Learning Activity, and on section 2 of the Week 5 Final Paper related to Federalism. Federalism is covered in chapter 3 of the text book, and within the week 2 guidance videos etc. What it is meant by a policy or piece of legislation are specific federal Acts, laws or regulations. Some additional examples would include: National Policies (laws or regulations)Agency that upholds or enforces Controlled Substance Act (1970) Drug Enforcement Agency Gun Control Act (1968) Department of Alcohol, Tobacco and Firearms Every Student Succeeds Act (2015) U. S. Department of Education Civil Rights Act (1964) U. S. Department of Labor Higher Education Act (1965- reauthorized 2008) U. S. Department of Education Affordable Care Act (2010) U.S. Department of Health and Human Services Lilly Ledbetter Fair Pay Act (2009) U.S. Equal Employment Opportunity Commission POL 201 Ashford University 5/2016 4 Congress and Policymaking © Jean-Pierre Lescourret/Corbis Learning Objectives By the end of this chapter, you should be able to • Distinguish between enumerated and implied congressional powers. • Analyze congressional powers on the basis of the Necessary and Proper Clause. • Analyze the ways that Congress performs its representative function. • Analyze the organization of Congress and how that organization affects the legislative process. • Describe how bills become laws and explain the political nature of the legislative process. • Describe how Congress holds the executive branch accountable. • Explain the different aspects of congressional elections. fin82797_04_c04_075-106.indd 75 3/24/16 1:41 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 4.1 Congressional Powers as Stated in the U.S. Constitution Toward the end of the 111th Congress (2009–2011), Congress passed a bill to extend two of President George W. Bush’s tax cut bills: the Economic Growth and Tax Relief Reconciliation Act (2001) and the Jobs and Growth Tax Relief and Reconciliation Act (2003). While the cuts lowered tax rates overall, earners in the top tax brackets derived greater benefit than those in lower tax brackets did. Critics suggested that the cuts were actually giveaways to the rich, while supporters c.

Week 2 DQPolicy and Legislation Examples.docx

Week 2 DQPolicy and Legislation Examples.docx

Week 2 DQPolicy and Legislation Examples.docx

4 Congress and Policymaking © Jean-Pierre Lescourret/Corbis Learning Objectives By the end of this chapter, you should be able to • Distinguish between enumerated and implied congressional powers. • Analyze congressional powers on the basis of the Necessary and Proper Clause. • Analyze the ways that Congress performs its representative function. • Analyze the organization of Congress and how that organization affects the legislative process. • Describe how bills become laws and explain the political nature of the legislative process. • Describe how Congress holds the executive branch accountable. • Explain the different aspects of congressional elections. fin82797_04_c04_075-106.indd 75 3/24/16 1:41 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 4.1 Congressional Powers as Stated in the U.S. Constitution Toward the end of the 111th Congress (2009–2011), Congress passed a bill to extend two of President George W. Bush’s tax cut bills: the Economic Growth and Tax Relief Reconciliation Act (2001) and the Jobs and Growth Tax Relief and Reconciliation Act (2003). While the cuts lowered tax rates overall, earners in the top tax brackets derived greater benefit than those in lower tax brackets did. Critics suggested that the cuts were actually giveaways to the rich, while supporters claimed reduced taxes helped spur economic growth, as individuals would have more money in their pockets to spend. As the tax cuts were about to expire in 2010, President Barack Obama and congressional Demo- crats favored the tax cuts expiring for those earning at least $200,000 per year. Meanwhile, Republicans, who had secured a majority in the House and narrowed the Democrats’ majority in the Senate in the 2010 midterm elections, promised to extend the cuts for everyone. The tax rates would increase on January 1, 2011 if no action were taken. Mem- bers of both parties were concerned that a tax rate increase would slow the emerging economic recovery. Incoming Republicans were prepared to vote for a complete extension once the 112th Congress took office on January 6, 2011. They believed that there were so many Democrats concerned about being reelected in 2012 that they would vote with them to make the needed legislative majorities. Democrats believed that if no action were taken on the extension, the Republicans would gain the upper hand. Democrats also wanted to extend unemployment insurance benefits to last 99 weeks and pass a new stimulus plan, which the Republicans opposed. Some Democrats in Congress were prepared to stand on principle and reject Republican demands. Yet with help from the White House, most Democrats and Republicans were able to reach a compromise. Congressional Democrats and the president supported a 2-year tax cut extension across all income categories if congressional Republicans would support the 99-week unemployment benefits extension along wit.

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4 Congress and Policymaking© Jean-Pierre LescourretCorbis.docx

4 Congress and Policymaking© Jean-Pierre LescourretCorbis.docx

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4 Congress and Policymaking © Jean-Pierre Lescourret/Corbis Learning Objectives By the end of this chapter, you should be able to • Distinguish between enumerated and implied congressional powers. • Analyze congressional powers on the basis of the Necessary and Proper Clause. • Analyze the ways that Congress performs its representative function. • Analyze the organization of Congress and how that organization affects the legislative process. • Describe how bills become laws and explain the political nature of the legislative process. • Describe how Congress holds the executive branch accountable. • Explain the different aspects of congressional elections. fin82797_04_c04_075-106.indd 75 3/24/16 1:41 PM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. Section 4.1 Congressional Powers as Stated in the U.S. Constitution Toward the end of the 111th Congress (2009–2011), Congress passed a bill to extend two of President George W. Bush’s tax cut bills: the Economic Growth and Tax Relief Reconciliation Act (2001) and the Jobs and Growth Tax Relief and Reconciliation Act (2003). While the cuts lowered tax rates overall, earners in the top tax brackets derived greater benefit than those in lower tax brackets did. Critics suggested that the cuts were actually giveaways to the rich, while supporters claimed reduced taxes helped spur economic growth, as individuals would have more money in their pockets to spend. As the tax cuts were about to expire in 2010, President Barack Obama and congressional Demo- crats favored the tax cuts expiring for those earning at least $200,000 per year. Meanwhile, Republicans, who had secured a majority in the House and narrowed the Democrats’ majority in the Senate in the 2010 midterm elections, promised to extend the cuts for everyone. The tax rates would increase on January 1, 2011 if no action were taken. Mem- bers of both parties were concerned that a tax rate increase would slow the emerging economic recovery. Incoming Republicans were prepared to vote for a complete extension once the 112th Congress took office on January 6, 2011. They believed that there were so many Democrats concerned about being reelected in 2012 that they would vote with them to make the needed legislative majorities. Democrats believed that if no action were taken on the extension, the Republicans would gain the upper hand. Democrats also wanted to extend unemployment insurance benefits to last 99 weeks and pass a new stimulus plan, which the Republicans opposed. Some Democrats in Congress were prepared to stand on principle and reject Republican demands. Yet with help from the White House, most Democrats and Republicans were able to reach a compromise. Congressional Democrats and the president supported a 2-year tax cut extension across all income categories if congressional Republicans would support the 99-week unemployment benefits extension along wit ...

4 Congress and Policymaking© Jean-Pierre LescourretCorbis.docx

4 Congress and Policymaking© Jean-Pierre LescourretCorbis.docx

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02 THE TEXAS CONSTITUTION / 2.9 Articles Articles of the Texas Constitution The Texas Constitution consists of a preamble followed by 17 articles, starting with the bill of rights (Article I) and ending with the mode of amendment (Article XVII). The articles cover both the essential features of government, such as powers and institutions, and more tangential items, including railroads (Article X) and private corporations (Article XII). Preamble In the preamble to the Texas Constitution, the framers used just 20 words to introduce the approximately 23,500 remaining words (today, with amendments, more than 85,000). By comparison, the framers of the U.S. Constitution used 52 words in their preamble. Image courtesy of Joshua Blank and the Texas Politics Project Bill of Rights The bill of rights in the Texas Constitution can be better understood by comparing it to the Bill of Rights of the United States Constitution. Texas puts the bill of rights at the beginning of its constitution, in Article I. By contrast, the U.S. Constitution included its Bill of Rights only as an addendum—the first ten amendments. Originally spanning 29 sections, the Texas Bill of Rights may seem to be more extensive than the entire U.S. Constitution. But in fact, there is considerable overlap in the Texas document, giving it only the appearance of covering more ground; for example, freedom of religion is enshrined in specific ways in several early sections (4-7). Generally speaking, both bills of rights cover the same items, just in a different order. In the Texas Bill of Rights, the freedoms of speech and the press are protected in section 8. Peaceful public assembly, the last of the U.S. First Amendment rights, appears in section 27. Protection against unwarranted searches and seizures is assured in section 9. Rights of the accused in criminal prosecutions are specified in sections 10-21, which include the following: · A right to a speedy trial · Not having to provide evidence against oneself · A right to bail · The obligation of the state to provide its own evidence to support charges · Protection against double jeopardy · A right to a trial by jury · No ex post facto laws · No imprisonment for debts · Requirement of due process of law The Texas Bill of Rights has a declaratory tone that differs from that of the U.S. Constitution. In reaction to perceived government overreach by the Radical Republicans, the framers of the Texas document justified its specific protections with sweeping generalizations aimed at what they saw as the major political dangers of the time: · National government—“The maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government unimpaired to all the States” (Article I, section 1). This suggests a threat of secession. · State government—“[The people of Texas] have at all times the inalienable right to alter, reform or abolish their government in such manner as they may t ...

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The constitution regulates the structures and functions of the principle organs of the Government. It also regulates relationship between the institutions of the government by setting out balance of power among them. Separation of power is a means to balance the power among these three branches of government. The three branches are Legislative, Executive and Judiciary. Government give separate powers to all the three branches but at some point the separation of power by government is violated because it is the need of situation. For example; during the time of some internal aggression or attack by any other country state or national emergency has to be applied among the state or country. This also includes the violation of power because during emergency president rule applied on the state or country, state government cannot rule during the emergency. But, in this situation the violation has not been done intentionally therefore this is not called the violation of Doctrine of separation of power. This can be measured by the Check and Balance theory. The modern design of the doctrine of separation of powers is to be found in the constitutional theory of John Locke (1632-1704).He wrote in his second treaties of Civil Government as follows: “It may be too great a temptation for the humane frailty, apt to grasp at powers, for the same persons who have power of making laws, to have also in their hands the power to execute them, whereby they may exempt themselves from the law, both in its making and execution to their own private advantage” . Any act done by Executive, Legislative or Judiciary cannot violate the Doctrine of separation of power because on each of these branches there are other two branches to check their acts and decisions given by them. Every branch has to give explanation about their each and every act and decision. Any wrong, unconstitutional or null and void decision taken by them can cause the impeachment order or arbitrary action against them. This paper talks about the Doctrine of Separation of powers, Definition of Separation of Power, from where this doctrine has been adopted, violation of doctrine of separation of power, steps taken by government to control the violation of Doctrine of SOP . It also discuss the articles under which all the three branches of the government have their separate power. Role of all the three branches of government, relationship between Doctrine of SOP and Judicial Accountability. This paper will also discuss the relationship among all three branches of the Government and accountability of judiciary. Key words: - Doctrine of SOP, Relationship between Branches of Government (Executive, legislative and Judiciary), Article 53, 245, 246 and other related, Check and balance theory, Accountability of Judiciary.

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1. Ch 8, Sec 2: How the Federal Government Works Main Idea: The United States government is divided into three branches with separate roles and responsibilities.

2.

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5.