US Government: Checks & Balances, Roles of Branches & Commerce Clause - Prof. Christopher , Study notes of Business and Labour Law

An overview of the checks and balances system in the us federal government, focusing on the three branches - the executive, legislative, and judicial - and their respective powers. It also discusses the commerce clause and its implications for interstate and intrastate commerce, as well as the regulatory powers of the states and the balance between these powers and the commerce clause.

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Pre 2010

Uploaded on 09/14/2008

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CHECKS AND BALANCES
Federal Government: A form of government where
states form a union and the sovereign power is divided
between the national government and the various
states.
Tri-Partite Government: The national government
of the United States of America is composed of three
separate branches, each of which acts as a check on
the others’ power:
The Executive Branch (i.e., the President),
which has the power to veto legislation passed by
Congress and to appoint the members of the
Judiciary;
The Legislative Branch (i.e., Congress), which
may override the President’s veto and which may
define the jurisdiction of the Judiciary and must
confirm Judiciary appointees; and
The Judicial Branch (i.e., the Supreme Court
and the federal court system), which has the
power to void the acts of the Executive and
Legislative branches because they are
unconstitutional.
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CHECKS AND BALANCES

Federal Government: A form of government where states form a union and the sovereign power is divided between the national government and the various states.  Tri-Partite Government: The national government of the United States of America is composed of three separate branches, each of which acts as a check on the others’ power:  The Executive Branch (i.e., the President), which has the power to veto legislation passed by Congress and to appoint the members of the Judiciary;  The Legislative Branch (i.e., Congress), which may override the President’s veto and which may define the jurisdiction of the Judiciary and must confirm Judiciary appointees; and  The Judicial Branch (i.e., the Supreme Court and the federal court system), which has the power to void the acts of the Executive and Legislative branches because they are unconstitutional.

THE COMMERCE CLAUSE

Commerce Clause: Article I, Section 8 of the U.S. Constitution empowers Congress “[t]o regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes.”  Interstate and Intrastate Commerce: Since 1824, the Supreme Court has interpreted the Commerce Clause to permit Congress to regulate both  Interstate Commerce (i.e., commerce between two or more states) and  Intrastate Commerce (i.e., commerce within a single state), as long as the intrastate commerce at issue “substantially affects” interstate commerce.