...is this a fair assessment of Congress? (45 Marks) Within the constitution, the power of Congress first appears in Article 1, Section 1, ‘all legislative Powers herein granted shall be vested in a Congress of the United States’. This suggests that congress has huge amounts of power Congress in creating legislature, scrutinizing the executive and playing a huge role when it comes to the checks and balances of the three branches of government. However, in recent times, many people argue that congress is ‘broken’. One of the biggest examples of this is the increasingly poor legislative record. Although there is going to be a big bias within congress, especially with the Republicans now controlling both chambers, this essay will look at both sides of the argument and help me decide on whether Congress is, in fact, broken. Time magazine recently stated that congress is now less popular than the Internal Revenue Service and, even more startlingly, Donald Trump! In 2013, congress only had a 6% polling, the lowest it had ever been, and the only other group of people to have a lower approval rating was the Kardashian family, quite disgraceful. Congress is supposed to be the most important branch of Government. It creates legislation, scrutinizes the executive and sets out the budget along doing many other important things. The fact that the approval rating now stands at 13% is very shocking. Mark Twain once said ‘Suppose you were a member of congress and an idiot, but I repeat myself’...
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...conduct legislative inquiries, on the other. The particular facts and circumstances of the present case, stripped of the politically and emotionally charged rhetoric from both sides and viewed in the light of settled constitutional and legal doctrines, plainly lead to the conclusion that the claim of executive privilege must be upheld. Assailed in this motion for reconsideration is our Decision dated March 25, 2008 (the "Decision"), granting the petition for certiorari filed by petitioner Romulo L. Neri against the respondent Senate Committees on Accountability of Public Officers and Investigations, 1 Trade and Commerce,2 and National Defense and Security (collectively the "respondent Committees"). 3 A brief review of the facts is imperative. ROMULO L. NERI, petitioner, vs. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS, SENATE COMMITTEE ON TRADE AND COMMERCE, AND SENATE COMMITTEE ON NATIONAL DEFENSE AND SECURITY, respondents. RESOLUTION LEONARDO-DE CASTRO, J.: Executive privilege is not a personal privilege, but one that adheres to the Office of the President. It exists to protect public interest, not to benefit a particular public official. Its purpose, among others, is to assure that the nation will receive the benefit of candid, objective and untrammeled communication and exchange of information between the President and his/her advisers in the process of shaping or forming policies and arriving at decisions in the exercise of the functions of the...
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...Is the British Prime Minister now effectively a president? Nowadays the British prime minister is effectively a president, as the role has increasingly acquired presidential powers and been carried out in presidential style in order to become more dominant of government in general. Although the distinction between the legislature and executive in the UK is blurred and the prime minister is technically different to a president, the prime minister is now effectively the Chief of the Executive, Chief of State and Commander-in-Chief in Britain – these are typically considered presidential functions. This means that prime ministers in the UK are now more powerful and very similar to presidents – they govern in a similar way, and have similar prerogatives. Many argue that the British prime minister is unique and unlike a president because of the overlap between the executive and legislating branches of government. Whereas in the UK the prime minister’s party has a majority in the upper legislative chamber, and he can therefore harness parliamentary sovereignty, in America the legislature is independent of the president and can act as a barrier to his mandate. For example in 2012 Obama’s ‘Bring Jobs Home’ Bill, which would take tax breaks from companies that ‘outsource’ jobs abroad, and give them to ‘insourcing’ companies was blocked by Senate Republicans, 42 of whom voted against it. 17 other bills with similar widespread public appeal such as this one have been blocked by republicans...
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...MANU/SC/0293/1998 Equivalent Citation: AIR1998SC2120, 1997(1)ALD(Cri)157, 1998(1)ALD(Cri)762, 1997(1) BLJR263, 1998CriLJ2930, JT1998(3)SC318, 1998(2)PLJR67, 1998(3)SCALE53, (1998)4SCC626, [1998]2SCR870 citation image IN THE SUPREME COURT OF INDIA Crl.A. Nos. 1207-1208 of 1997 [With Crl.A. Nos. 1209/97, 1210-12/97, 1213/97, 1214/97, 1215/97, 1216/97, 1217-18/97, 1219/97, 1220/97, 1221/97, 1222/97, 186/98 (Arising out of S.L.P. (Crl.) No. 2/98) and 187/98 (Arising out of S.L.P. (Crl.) No. 366/98)]. Decided On: 17.04.1998 Appellants: P.V. Narsimha Rao Vs. Respondent: State (CBI/SPE) Hon'ble Judges: S. C. Agrawal, G.N. Ray, A.S. Anand, S.B. Bharucha and S. Rajendra Babu, JJ. Counsels: Ashok H. Desai, Attorney General for India, T.R. Andhyarujina, Solicitor General, P.P. Rao, Kapil Sibal and D.D. Thakur, Sr. Advs., Ranjit Kumar, Anu Mohla, I.C. Pandey, C. Paramasivam, Ajay Talesara, Jamshed Bey, Rakhi Roy, Bina Gupta, Surat Singh, Ashok Mahajan, P.P. Singh, Chandrashekar, Girish Ananthamurthy, B.Y. Kulkarni, Navin Prakash, Arun Bhardwaj, K.C. Kaushik, Manish Sharma, D. Prakash Reddy, L. Nageshwara Rao, Indu Malhotra, Rajiv Dutta, Akhilesh Kumar Pandey, Bharat Sangal, R.P. Wadhwani, P.K. Manohar, P. Parameswaran, A. Mariarputham and S.C. Jain, Advs Subject: Media and Communication Subject: Criminal Acts/Rules/Orders: Privileges of Parliament Act, 1512 ;Code of Criminal Procedure, 1973 - Section 108, Code of Criminal Procedure, 1973 - Section 164, Code of Criminal Procedure, 1973 Section...
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...this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled from her birth canal but before the cord was severed (Johnson v. Florida, 602 So.2d 1288 (Sup.Ct. Fla. 1992)). • Which of the basic functions of law are implicated by this state law? • What kind of law is this—civil or criminal? • How will a court determine whether Jennifer has violated this law? 3 4 Part One Introduction to the Law Introduction What is law? What roles does it play...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5] while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments.[6] Constitution of the Philippines From Wikipedia, the free encyclopedia Constitution of the Philippines Created October 15, 1986 Ratified February 2, 1987 Location Legislative Archives of the House of Representatives,...
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...AFGE 2013 Issue Papers Table of Contents Another Manufactured Crisis: What’s Next in the Fiscal Showdown………1 Federal Pay……………………………………………………………….…..…..4 Federal Employees’ Health Benefits Program……………………………….15 Official Time for Federal Employee Union Representatives………….........22 Arbitrary Cuts in Civil Servants………………………………………………..26 Sourcing: Complying with the Law……………………………………….......31 Capping Taxpayer-Funded Service Contractor Compensation……………43 Transportation Security Administration and TSOs…………………………..46 Domestic Partnership Benefits……………………………..………………….49 Employment Non-Discrimination Act……………………………………..…..55 Paid Parental Leave………………………………………………..…………..57 One America, Many Voices Act………………………………………….…....60 Department of Veterans Affairs…………………………………..……………62 Department of Defense……………………………...……….………………...71 Federal Prisons………………………………………………………………….90 Social Security Administration ……………………………………….…...…103 National Guard/Reserve Technicians ………………………...……….……108 D.C. Workers’ Issues …………………...……………………………..…..…117 Equal Employment Opportunity Commission. ……………………..……...120 Another Manufactured Crisis: What’s Next in the Fiscal Showdown? Background At the beginning of January, President Obama signed a tax deal that restored higher Clinton-era rates to those making over $450,000, and funded an extension of unemployment insurance benefits to the long-term unemployed, extended for another year the $240 monthly transit subsidy, but did not...
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...STUDY NOTES FOR GFOA BUDGETING EXAM A. SOURCE: LOCAL GOVERNMENT FINANCE – CONCEPTS & PRACTICES Chapter 4 – Operating Budgets: A budget can be a process, a document, an accounting ledger, a plan, or a system. Local gov’t budgeting process unique – product of geographical, historical, economic, political and social factors peculiar to that jurisdiction. Budgeting is a unified series of steps to line and implement four functions: ❑ policy development – as policy instrument, CEO and legislative body need to articulate the goals, objectives and strategies that underline the budget – the flip side of proposing policy changes is accountability ❑ financial planning – includes gov’t financial condition; current/past-year trend financial act. by dept or prog; formal revenue est; look to the future to anticipate events/conditions; ensure debt service remains under control (while debt service receives first draw on municipal exp, financial plan set a rational debt service level for multi-year period ❑ service/operations planning – blueprint that governs the amount of service provided ❑ communications – way for decision makers to communicate changes in priorities, rationale for decisions and changes to vision in the future The final step in securing a framework w/in w/c the needs of policy setting, financial planning, service planning and communications can work is the development of quantitative performance measures. Environment/actors dictate the extent...
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...EXECUTIVE OFFICE OF THE PRESIDENT O F F I C E O F M AN AG E M E N T AN D B U D G E T W AS H I N G T O N , D . C . 2 0 5 0 3 THE CONTROLLER December 21, 2004 MEMORANDUM TO THE CHIEF FINANCIAL OFFICERS, CHIEF OPERATION OFFICERS, CHIEF INFORMATION OFFICERS, AND PROGRAM MANAGERS FROM: Linda M. Springer Controller SUBJECT: Revisions to OMB Circular A-123, Management’s Responsibility for Internal Control OMB Circular No. A-123 defines management's responsibility for internal control in Federal agencies. A re-examination of the existing internal control requirements for Federal agencies was initiated in light of the new internal control requirements for publicly-traded companies contained in the Sarbanes-Oxley Act of 2002. Circular A-123 and the statute it implements, the Federal Managers’ Financial Integrity Act of 1982, are at the center of the existing Federal requirements to improve internal control. This circular reflects policy recommendations developed by a joint committee of representatives from the Chief Financial Officer Council (CFOC) and the President’s Council on Integrity and Efficiency (PCIE). The policy changes in this circular are intended to strengthen the requirements for conducting management’s assessment of internal control over financial reporting. The circular also emphasizes the need for agencies to integrate and coordinate internal control assessments with other internal control-related activities. The revised circular is...
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...Code will be of optimum benefit to the people and Government officers and employees as it embodies changes in administrative structures and procedures designed to serve the people; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by the powers vested in me by the Constitution, do hereby promulgate the Administrative Code of 1987, as follows: INTRODUCTORY PROVISIONS SECTION 1. Title. — This “Administrative Code of 1987.” Act shall be known as the SECTION 2. General Terms Defined. — Unless the specific words of the text, or the context as a whole, or a particular statute, shall require a different meaning: (1) Government of the Republic of the Philippines refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government. (2) National Government refers to the entire machinery of...
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...Examining the Laws on Commercial Speech and Free Market Competition Our society has advanced to where it is today because of the interaction and exchange that fosters innovation and economic progress. We cannot naively rely on the pure goodness of society to insure that trade and business is fair—society depends on institutions for that, more specifically the institution of law. Good laws are intended for society to capture the gains from trade and interaction. This paper will evaluate whether the laws that relate to commercial speech and free market competition are designed with society in the forethought. Commercial speech is speech delivered by a business or someone speaking on behalf of a business to potential consumers. The first amendment in the United States Constitution protects the freedom of speech, but whether it also protects commercial speech has been subject to debate in the past. A case that tackles this issue is Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council. Consumers in Virginia challenged a statute that prohibited licensed pharmacists from disclosing price information on prescription drugs, deeming that to be unprofessional conduct. What makes this case unique is that the ones who brought forth the suit are not the subject of the statute, the pharmacists, but the consumers. The consumers believe that the poor, sick, and elderly are hit the hardest by this statute because “a disproportionate amount of their income tends to be spent...
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...implementing Parliamentary System? 5. What is the difference between Parliamentary System and Presidential System? OBJECTIVES * To point out the good sides of the Parliamentary system. * To discuss the process of legislation of the Parliamentary Government. * To tackle the important topic about Parliamentary system. * To form a good information to the readers about the essence of Parliamentary system. SIGNIFICANCE * This term paper gives information to the reader about the system of Parliamentary Government. * This paper will benefit the ones who search information about the essence of Parliamentary system. III. Introduction Parliament, (from Old French: parlement; Latin: parliamentum) the original legislative assembly of England, Scotland, or Ireland and successively of Great Britain and the United Kingdom; legislatures in some countries that were once British colonies are also known as parliaments. The British Parliament, often referred to as the “Mother of Parliaments,” consists of the sovereign, the House of Lords, and the House of Commons. Originally meaning a talk, the word was used in the 13th century to describe after-dinner discussions between monks in their cloisters. In 1239 the English Benedictine monk Matthew Paris of the Abbey of St. Albans applied the term to a council meeting between prelates, earls, and...
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...AN INTRODUCTION TO INTERNATIONAL LAW "The case against historical objectivity is like the case against international law, that it does not exist" (Sir Isaiah Berlin) International law exists, although it is true it suffers from serious problems relating to foundational concepts of justice and reciprocity and is the subject of unfortunate neglect by scholars. The ALE (American Law Institute) defines international law as "law that deals with the conduct of states and of international organizations and with their relations inter se [among themselves], as well as some of their relations with persons, whether natural or juridical" (Buergenthal & Murphy 2002). More elegant definitions can be found, such as the common one where it can be described as "law that deals with the relationships between states, or between persons or entities in different states." Even simpler definitions can be found reducing it to "laws governing relations between nations." There's an unfortunate tendency for the simplest of definitions to focus only on nation-states, as if nation-state relationships were the only thing that mattered, but the fact is that any entity (even a corporation or a person) which possesses "international personality" is subject to international law. This is important because without including international organizations or personalities, there would be no basis for international trade law, international humanitarian law, or international human rights law. If one's purpose...
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...an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political power. Chapter Outline 2 I. Section 1: Government and the State A. Definition of Government and the State 1. legislative, executive, judicial 2. state B. Political Ideas and the Purpose of Government 1. force 2. evolutionary 3. divine right 4. social contract 5. Preamble II. Section 2: Forms of Government A. Who Can Participate? 1. representative democracy 2. direct 3....
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