Final Flashcards
What is the separation of powers?
a system in which governmental powers are not centralized in one body but are separated into two or more bodies
What is formalism?
an approach to separation of powers that emphasizes the necessity of maintaining the distinctness of the three branches of government. The branches can only have the power that is constitutionally prescribed to them
What is functionalism?
an approach to separation of powers that emphasizes the need for flexibility in modern government and balance when the functions overlap. Branches can overlap as long as they are not encroaching into the other branch’s core functions.
What do functionalists say is relevant to the judiciary branch?
statutory interpretation, statutory purpose, and legislative intent
What do functionalists want to avoid?
aggrandizement of one branch at the expense if the other aka encroachments into the other branches core functions
What is a findings clause and what weight is it given?
It is the legislative facts that lead the legislature to enact the the bill. It cannot trump clear text but is useful when a statute is ambiguious or absurd
What is a purpose clause and what weight is it given?
identifies the purpose/remedy of the bill. It cannot trump clear text but is useful when a statute is ambiguious or absurd
How can you overcome the presumption that if Congress wanted to repeal a statute, they would have done so explicitly?
By evidence that legislature intended to repeal the
earlier statute, such as: (1) new statute
comprehensively covers entire subject matter of prior
statute; or (2) new statute is completely incompatible
with existing statute
If repeal is unavoidable, how is the second statute repealed?
the second statue is only repealed to the extent of the
irreconcilability with the first statute
What type of acts are particularly disfavored for repeal by implication and why?
Appropriation bills because they are not supposed to change substantive law
What is federal preemption?
The principle that federal laws have priority over conflicting state laws
What is an executive agency?
departments and agencies within departments, the president appoints the heads of the departments and they can be fired at any point (* Fish and Wildlife Service National Park Service Bureau of Indian Affairs)
What is an independent agency?
A freestanding agency that is not a part of any department and is more independent from the President’s influence than executive agencies. headed by a multi-member board from both
political parties, not a single individual; makes
decisions by majority vote
* Members can only be removed for cause
* Members serve for a specific term of years on a
staggered basis, so President can’t replace whole
group in a single term (Federal election commission)
What laws govern agencies?
The APA, Constitution, and statutes passed by Congress
Courts can require agencies to do what that courts cant?
Require agencies to use additional procedures apart from the APA
