Chapter 8 Outline I. Separation of Powers A. Definition- the system of holding governmental powers across separate branches while maintaining that they have powers to cancel or ‘check’ each other B. Powers 1. Legislative Power- (all powers of congress)“the power to regulate commerce with foreign states” , broad power to pass domestic laws, raise an army, navy, declare war, levy and collect taxes” etc. 2. Executive- presidential powers. More so over foreign affairs than created domestic mandates i inherent- those presedential powers expressly granted ii treaty power- president can make treaties but they must be ratified to have effect II. Treaties A. Domestic law effect- treaties are the “law of the land” once approved by congress
1.Self executing- no further action required to be law 2 Non-self executing (executory)- require ratification B. Equal dignity rule- a treaty will override an inconsistent prior rule of congress C. Executive agreements.- make something like a treaty without going through the treaty process 1. Sole exec agreements- president can negotiate and put into effect based on inherent authority 2. Congressional exec agreements- authority from congress in a joint resolution or statute III. Trade and Tariff A. Smoot-Hawley – sky rocketed tariffs (bad idea) B. Reciprocal Trade Agreement of 1934- allows president to adjust tariffs based on reciprocity C. Trade agreements- 1. Definition- an agreement between nations on matters involving trade, tariffs, and related issues. 2. GATT (general agreement on tariffs and trade) – multilateral trade negotiation tool, expired in 94’ 3. Trade promotion authority- through the trade reform act of 1974, gives the president authority to IV. Federal- State Relations. A. Supremacy clause- federal > state B.